HomeMy WebLinkAboutCity Council - 06/16/2026Agenda
Eden Prairie City Council Workshop
Tuesday, June 16, 2026
4 p.m. Police Department Ribbon Cu ng
City Center – Police Department
8080 Mitchell Road
Eden Prairie, MN 55344
5:30 p.m. Workshop
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 RecreaƟon Director Amy Markle, Police Chief MaƩ
SackeƩ, Fire Chief ScoƩ Gerber, AdministraƟve Services/HR Director Alecia Rose,
CommunicaƟons Manager Joyce Lorenz, City AƩorney Maggie Neuville, and Recorder Sara
PoƩer
WORKSHOP AGENDA
4 p.m. Police Department Ribbon Cu ng
5:30 p.m. Heritage Rooms
1. Capital Improvement Plan 2027 to 2036
Council Chambers
2. Open Podium
A. John Mallo, Peace Flags and DedicaƟng Gazebo at Purgatory Creek Park
3. Adjournment
Eden Prairie City Council Meeting Agenda
7 p.m. Tuesday, June 16, 2026
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
A. City Government Academy Graduation
V. Approval of Agenda and Other Items of Business
VI. Minutes
A. City Council Workshop held Tuesday, May 19, 2026
B. City Council Meeting held Tuesday, May 19, 2026
VII. Consent Calendar
A. Clerk’s List
B. Adopt Resolution approving participation in performance measurement program
established by Council on local results and innovation
CITY COUNCIL MEETING AGENDA
June 16, 2026
C. Adopt Resolution and authorize entry into labor agreement with Law
Enforcement Labor Services (LELS) for Police Support Staff
D. Adopt Resolution and authorize entry into labor agreement with Law
Enforcement Labor Services (LELS) for Police Dispatch Supervisor and Records
Supervisor
E. Adopt Resolution approving Aquatic Invasive Species Prevention Grant
Agreement with Hennepin County
F. Adopt Resolution approving Tax Increment Financing special legislation
G. Adopt Resolution approving Village Woods Minor subdivision
H. Award contract for the 2026 County Road 62 Trail rehabilitation project to
Aslakson’s Services Inc.
I. Approve one year lease extension for Riley Lake Park Rental House with Nathan
Lovas and Autumn Brown Lovas
J. Approve partnership agreement with T-Fiber for the July 3 and 4 Hometown
Celebration
K. Approve partnership agreement with Veridian Credit Union for the July 3 and 4
Hometown Celebration
L. Approve contract for goods and services for one set of rescue (extrication) tools
with Clarey’s Safety Equipment
M. Approve purchase of Automatic External Defibrillators (AEDs) and associated
equipment from Lifeline Incorporated
N. Approve agreement authorizing Segal Company to complete compensation
analysis and market study for City positions
O. Approve software as a service agreement for public safety applications primarily
used by the Police and Fire Departments with Tyler Technologies
P. Approve Change Order No. 1 for the Dorenkemper House project bathroom
addition with Hamburg Builders Group
Q. Reauthorize contract for construction of Sanitary Sewer Lift Station No. 16
control panel
R. Approve professional services agreement for Climate Action and Adaptation Plan
update with LHB, Inc.
CITY COUNCIL MEETING AGENDA
June 16, 2026
S. Approve 2027 vehicle and equipment replacement purchasing
T. Approve 2026-2028 Metropolitan Council Clean Water Fund grant agreement
U. Approve professional services agreement for 2026 traffic signal improvements
with SRF
V. Approve professional services agreement for backflow prevention device
inspection and management services with HydroCorp, Inc.
W. Approve construction agreement for streetlighting services with Xcel Energy
X. Approve addition of Government Experience Agent (GXA) to City website and
term extension of Granicus, LLC subscription agreement
VIII. Public Hearings and Meetings
A. Prairie Bluff Commons by US Home, LLC. Adopt Resolution for a Comprehensive
Plan amendment from Office to Medium Density Residential on 23.59 acres and
from Office to Low Density Residential on 4.82 acres; adopt Resolution for a
Planned Unit Development concept plan review; Approve first reading of an
Ordinance for a Planned Unit Development district review with waivers and
zoning district change from Office to RM-6.5 on 23.59 acres and from Office to
R1-9.5 on 4.82 acres; Adopt Resolution for a Preliminary Plat; Adopt Resolution
for findings of fact in support of Park Dedication Fees
B. Code Amendment – Data Centers. Approve First Reading of Ordinance to add
language in the zoning code regulating Data Centers
IX. Payment of Claims
X. Ordinances and Resolutions
XI. Petitions, Requests and Communications
XII. Appointments
A. Students on Commissions
XIII. Reports
A. Report of Council Members
B. Report of City Manager
CITY COUNCIL MEETING AGENDA
June 16, 2026
C. Report of Community Development Director
D. Report of Parks and Recreation Director
1. July 3 and 4 Hometown Celebration
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
Eden Prairie City Council Unapproved Workshop Minutes
5:30 p.m. Tuesday, May 19, 2026
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
WORKSHOP AGENDA
Heritage Rooms
1. Development Update
Klima explained she will give an overview of the 2050 comprehensive plan update, review
upcoming and potential development sites, and discuss data center regulations. The City’s
comprehensive plan is due to the Metropolitan Council by the end of 2028. The last
comprehensive plan update was ten years ago and included a complete overhaul. This update
will be more minor and focus on the changing office market and affordable housing. The City
received a grant from the Metropolitan Council to fund a housing study. Narayanan noted
affordable housing is a priority to many residents. The City should promote its efforts. Klima
explained Public Works is partnering with a consultant to review the transportation portion of
the plan. Narayanan asked if the City can collaborate with Southwest Transit on the
transportation plan. Klima confirmed the City coordinates with several agencies including
Southwest Transit, the Metropolitan Airport Council, and others.
Klima overviewed the City’s communication for proposed development projects. A Proposed
Development Project Site sign is installed on properties with a QR code linking to the City’s
development project map. Residents can find an overview of the project including staff
contacts, development contacts, and documents from the Planning Commission and City
Council meetings.
Klima next detailed pending development applications. There is a proposal to demolish the
Eden Bluff Corporate Center office building at 14800 Charlson Road to construct 170 townhome
units and 15 single family homes. This project received unanimous approval from the Planning
Commission and will come before the City Council shortly. There is another pending application
at Leona Road and Flying Cloud Drive to construct a Shake Shack and a Valvoline. This proposal
will likely come before the Planning Commission and City Council this summer. Another pending
application for the Marshall Farms property is proposing 50 single family detached homes. 12
acres of slope and wetland will be preserved and deeded to the City.
Klima next moved to emerging development sites, which do not have a pending application but
one may be submitted in the future. There are four acres off Terry Pine Drive that could be
divided into five or six smaller single family detached lots. The City would request a
conservation easement for some property to the south bordering the lake. Case noted there
may be important Native American archeology on the site.
Klima detailed another emerging development site near the former American Family campus
north of highway 62 bordering Minnetonka. The property is 3.5 acres and has never been
developed. The proposal would include a five- or six-story building of approximately 200
multifamily units with underground/structured parking. Case asked if the City has a preference
if Eden Prairie or Minnetonka provides sewer and water. Ellis confirmed Eden Prairie would
preferably provide sewer and water to collect associated fees including park dedication. Nelson
asked if the building would have a play area away from the freeway. Klima noted there has been
no formal application or plans submitted, but in similar buildings amenities such as play areas
are built into the structure such as in the rooftop. Additionally, Minnetonka has a park planned
for the area. Nelson asked if the property would fall in the Eden Prairie or Minnetonka school
district. Klima confirmed the property would be zoned for the Minnetonka school district.
Narayanan asked if residents could walk to the light rail. Klima confirmed there would be a
pedestrian connection to the Opus station.
Klima presented the next emerging development site, Prairie Community Church with 11 acres
off Eden Prairie Road and Pioneer trail. The City has received inquiries to construct
approximately 12 single family homes on the eastern portion of the parcel. Another emerging
development site is the former Danfoss site off Mitchell Road and Technology Drive. The City
has received inquiries about mixed use development including residential senior housing, town
homes, and commercial. The is potential one or more existing buildings would be demolished
due to obsolescence. Freiberg asked how old the buildings are. Klima confirmed they were built
in the early 1970s. Toomey asked if the City is still purchasing one of the Danfoss buildings for
Public Works. Ellis confirmed there is an accepted purchase agreement. The City is waiting on
the Minnesota Pollution Control Agency to rule on some environmental issues before closing.
Klima presented the next emerging development site, four vacant acres at Pioneer Trail and
Hennepin Town Road. Inquiries have included auto oriented sales, drive through coffee, and
other retail. Staff is encouraging applicants to request no waivers due to the site’s uniqueness.
The property is zoned neighborhood commercial, which allows residential uses if a Planned Unit
Development (PUD) is requested. Nelson noted she liked the idea of townhomes so there isn’t a
large increase in traffic accessing the site.
Klima next moved to potential development sites. The Council recently approved a lot split at
11010 Prairie Lakes Drive that positions the site for redevelopment. Potential developers are
inquiring about small lot single family homes or attached townhomes. Narayanan asked if
anyone is proposing high density small homes for affordability. Klima answered large homes on
small lots are a trend.
Klima moved to the next potential development site, the former Optum building at 12125
Technology Drive. This building is vacant and has a parking ramp. This site would be an
opportunity for transit oriented development like apartments similar to Elevate. Staff does not
receive many inquiries on this property. Narayanan asked why. Case stated the owner has a
multi-year lease and is getting paid by the lessee, there is no incentive to market the property.
Klima presented a potential development site on Flying Cloud Drive and College View Drive,
three parcels for a total of four acres. The east portion of the lot is not developable due to
wetland. It is currently guided medium density residential. Case asked if the property could be
used for commercial. Klima noted it could pending a reguiding and rezoning. There are
commercial properties nearby. Inquiries have been for assisted living and townhomes.
Klima next displayed the Marriott Residence Inn on Flying Cloud Drive. The owner will likely sell
once the new Residence Inn on the former UNFI campus is finished. Preliminary discussions
with the owners show potential for rebranding as a different hotel or construction of multi-
family residential. Case noted this location would make excellent affordable housing as each
unit has its own exterior entrance, kitchen, bathroom, and parking. It would need an investor.
Klima noted per conversations with the owner there are several concerns including cost.
Klima next displayed the Huber Funeral Home off Glory Lane. This property is guided for
commercial. An inquiry has been received to repurpose the site for a daycare. Staff intends to
work with the next owner to secure more parking for Smith coffee. If no commercial
development moves forward, staff would likely reguide the property for medium density
residential. Narayanan asked Klima to elaborate on parking. Klima explained staff could
coordinate options such as a shared parking agreement. Case suggested the City purchase the
funeral home, carve out the necessary Smith Coffee parking, and sell the remainder of the
property. Toomey suggested the City buy just the portion of the property needed for parking.
Case stated the City could also possibly get parking dedicated for free. Nelson suggested it
would be a good location for small start up businesses to collaborate.
Klima presented the next potential development site, Eden Prairie Center. The legislature
recently allowed the City to extend the mall’s Tax Increment Financing (TIF) district until
December 2028. The owner is planning to redevelop the north end of the mall. Possible uses
include residential, commercial, hotel, and/or office. No formal application has been submit as
the project has been slow to gain traction. Case noted many investors are investing in data
centers, leaving less investment dollars available for redevelopment projects. Case asked if a
less robust plan would still require TIF. Klima answered it would depend. She’d expect the
developer to request housing TIF for any multifamily housing, however the City received the
special legislation extension for redevelopment TIF.
Klima presented the next potential development site, the former Optum/ADC site off
Technology Drive and Mitchell Road. This location is currently vacant. It is an opportunity site
for transit oriented development or mixed use. Case noted the parcel includes wetland and
asked how much is developable. Klima estimated two thirds based on a cursory review. Case
asked if the owner is interested in marketing the property for sale. Klima said a meet and greet
to discuss the property could be arranged. Klima discussed a few remaining potential
development sites including the Ingram property, the Kline Property, and the Bunn property.
Klima explained the Council recently expressed interest in amending City code to define and
regulate data centers. The draft code amendment would define a data center as a standalone
primary use of site. Data centers would be limited to the I-General zoning district. Staff is
currently researching required distances from residential areas. Most communities use a 500
foot buffer. Case added size restrictions might be a good idea, the City could then mandate
water is recycled and solar electricity is used. Nelson noted she agrees with the idea. Data
centers can ruin communities and decrease property values. The Council thanked Julie for her
time and presentation.
Council Chambers
2. Open Podium
3. Adjournment
Eden Prairie City Council Unapproved Minutes
7 p.m. Tuesday, May 19, 2026
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
CITY COUNCIL MEETING AGENDA
I. Call the Meeting to Order
Mayor Case called the meeting to order at 7 p.m. All Council Members were present.
II. Pledge of Allegiance
III. Open Podium Invitation
IV. Proclamations and Presentations
A. Heritage Preservation Awards
Getschow explained the Heritage Preservation award recognizes an individual, a
family, or a business that has made an outstanding contribution to Eden Prairie's
historic resources. Getschow introduced Heritage Preservation Commission Chair
Bob Bowes to present these awards.
Bowes noted that the Heritage Preservation Commission selected two recipients
for the 2026 award: Helen Holden Anderson (posthumously) and the Honorable
Paul H. Anderson. Ms. Anderson passed away in 2009, but her legacy lives on.
Her accomplishments have an enduring value as a respected historian, teacher,
and scholar, as she founded the Eden Prairie Historical Society in 1969 and served
as President until 1989. Ms. Anderson inspired the community to value historic
resources, shared the history of the community through her published book, and
created an organization that advocates for and preserves the history of Eden
CITY COUNCIL UNAPPROVED MINUTES
May 19, 2026
Prairie. The Honorable Paul Anderson will accept the award on behalf of his
mother, Helen Holden Anderson.
Bowes stated the second award is also being presented to the Honorable Paul
Anderson, who is a proud descendant of one of Eden Prairie's earliest settler
families, and the namesake of Anderson Lakes. Mr. Anderson is the highest-
ranking elected official in Eden Prairie's modern history, having won statewide
races for the Minnesota Supreme Court. The Honorable Judge Anderson helped
his mother form the Eden Prairie Historical Society as a young attorney and
assisted in writing the bylaws. Bowes presented the Honorable Judge Anderson
with the two awards.
The Honorable Judge Anderson noted this award is really about his mother Helen
Holden Anderson. Over the years, he has really become invested in this
community. As residents passed away, Helen Anderson decided something had
to be done to preserve the history. Ms. Anderson recorded all the history she had
collected, and the success of the book has been astounding. Kathie Case became
a mentee of his mother and helped carry on her legacy. This award means a lot,
and Eden Prairie is a special place.
V. Approval of Agenda and Other Items of Business
Case added there would be a short legislative update under Council Member reports at
the end of the meeting.
MOTION: Toomey moved, seconded by Narayanan to approve the agenda as amended.
Motion carried 5-0.
VI. Minutes
MOTION: Narayanan moved, seconded by Freiberg to approve the minutes of the
Council workshop held Tuesday, May 5, 2026, and the City Council meeting held Tuesday,
May 5, 2026, as published. Motion carried 5-0.
VII. Consent Calendar
A. Clerk’s List
B. Chestnut Townhomes by Red Tail Residential. Adopt Resolution No. 2026-042 for
Site Plan Review on 5.72 acres, approve Development Agreement
C. Adopt Resolution No. 2026-043 approving Prairie Lakes Business Park 1st
Addition final plat
CITY COUNCIL UNAPPROVED MINUTES
May 19, 2026
D. Award 2026 water main rehabilitation project to Bituminous Roadways, Inc.
E. Approve professional service agreement for construction administration of 2026
watermain rehabilitation project with Short Elliott Hendrickson, Inc.
F. Approve professional service agreement for plaza drive street reconstruction
project construction services with WSB
G. Approve contract for purchase and installation of water treatment plant security
camera system with Bosch Building Technologies
H. Authorize standard agreement for professional services for Pleasant Hills
Cemetery columbarium expansion construction with WSB & Associates, Inc.
MOTION: Nelson moved, seconded by Toomey to approve Items A-H on the Consent
Calendar. Motion carried 5-0.
VIII. Public Hearings and Meetings
IX. Payment of Claims
MOTION: Toomey moved, seconded by Narayanan to approve the payment of claims as
submitted. Motion was approved on a roll call vote, with Freiberg, Nelson,
Narayanan, Toomey, and Case voting “aye.”
X. Ordinances and Resolutions
XI. Petitions, Requests, and Communications
XII. Appointments
XIII. Reports
A. Report of Council Members
1. Legislative Update
Case noted many residents followed the legislative session closing on
Saturday and Sunday. Both the House and the Senate cobbled together a
large tax bill and bonding bill. Cities and counties submit requests for
inclusion in either the tax or bonding bill. Eden Prairie's requests for
Police Department renovation and regional equipment garage funding
were included in the bonding bill, which passed. The City was awarded a
$2 million grant to put towards that renovation and garage.
CITY COUNCIL UNAPPROVED MINUTES
May 19, 2026
Case added the Eden Prairie Mall has been going through efforts to
renovate. The City submit a request to extend the Tax Increment Finance
(TIF) component by two years to help with renovations. This extension
also passed in the tax bill.
Getschow noted on a more global scale, many concerning housing
proposals (not just to Eden Prairie, but also to other cities), went before
the legislature. None of those proposals passed.
Case added the City owes a debt of gratitude to the three legislators who
carried these proposals: Representative Carlie Kortyza-Witthuhn carried
the bills in the House, Senator Steve Cwodzinski carried the bills in the
Senate, and Representative Alex Falconer for his lobbying.
B. Report of City Manager
C. Report of Community Development Director
D. Report of Parks and Recreation Director
1. Cedar Hills Bike Park Update
Parks and Recreation Director Amy Markle provided an update on the
Cedar Hills Bike Park. Planning has taken place over the last year. The
proposed bike trail will include rollers, jumps, berms, ladders, averages,
tunnels, pump tracks, and rock elements designed for riders of all ages
and skill levels. The park provides a controlled and accessible
environment where people can practice balance and riding techniques.
Bike parks are highly inclusive and intergenerational, serving everyone
from toddlers on balance bikes to grandparents. The project is intended
to encourage outdoor activity and provide a year-round recreational
amenity that is highly affordable and a non-team sport. The bike park
could improve environmental stewardship by helping restore and better
manage parkland currently affected by invasive plants and overgrowth.
Another major goal is conservation protection. Providing a riding area
would reduce unauthorized mountain biking in other areas. Cedar Hills
Park was chosen because it is well connected to the City’s broader trail
network, allowing riders to bike directly to the park. Of the 40-acre park,
only 15 acres would be used for trails and bike features.
Markle noted this project originated after residents expressed frustration
over driving to neighboring cities for mountain biking opportunities. City
staff conducted extensive planning including meeting with City Council
and Commissions, forming a resident Bike Project Committee, design and
CITY COUNCIL UNAPPROVED MINUTES
May 19, 2026
engagement processes, and working with the Minnesota DNR and Fish
and Wildlife Service to ensure no endangered species or sensitive
habitats would be harmed. Public engagement for the park has been
discussed along with future trail ideas in Eden Prairie, so this will not be a
standalone site and could be integrated with other trails. Public
engagement efforts include a project website, neighborhood meetings,
monthly updates with the Parks, Recreation and Natural Resources
Commission, and park signage at the site.
Markle noted the City hired a local company called Pathfinders out of
Afton, Minnesota, for the design of the park. The Commission went
through several design iterations, vetted by the Bike Committee.
Construction will begin mid-July, and the park will still be open with
signage to provide updates. All the trails will have signage indicating the
skill level.
Markle stated the site is being prepped for the project with invasive
species and hazard tree removal. Fenced entrances will be installed at the
Riley Creek Big Woods Conservation area to ensure mountain bikes do
not enter. The project timeline began with a City Council work session in
the fall of 2025, along with meetings throughout the winter with the Bike
Committee and the PRNR Commission. The project design was finalized
over the winter along with the project bids, and now they are focusing on
engagement and site prep. Construction will begin in July, and the ribbon-
cutting will occur in September.
Case noted this is very exciting and sometime next year Markle could
provide a report back on the park.
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
MOTION: Narayanan moved, seconded by Nelson to adjourn the meeting at 7:42 PM.
Motion carried 5-0.
CITY COUNCIL UNAPPROVED MINUTES
May 19, 2026
Respectfully Submitted,
___________________
Sara Potter, Administrative Support Specialist
City Council Agenda Cover Memo
Date: June 16, 2026
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: Immanuel Lutheran Church
Event: Bingo for Prop
Date: September 12, 2026
Place: Immanuel Lutheran Church, 16515 Luther Way
Temporary On-Sale Liquor
Organization: Pax Christi Catholic Community
Event: LRYC Dinner
Date: July 15, 2026
Place: Pax Christi Catholic Community, 12100 Pioneer Trail
Organization: City of Eden Prairie
Event: Arts in the Park
Date: August 15, 2026
Place: Purgatory Creek Park, 13001 Technology Drive
Organization: Eden Prairie Lions Club
Event: Pax on the Plaza
Date: September 11-13, 2026
Place: Pax Christi Catholic Community, 12100 Pioneer Trail
Temporary On-Sale Liquor
Organization: Eden Prairie Community Foundation
Events: Prairie Brewfest
Date: September 12, 2026
Place: Purgatory Creek Park, 13001 Technology Drive
(Rain location: SW Station Parking Ramp, 13500 Technology Drive)
Temporary On-Sale Wine
Organization: City of Eden Prairie
Event: Wine & Beer Tasting
Date: September 24, 2026
Place: EP City Center Heritage Rooms, 8080 Mitchell Road
Organization: City of Eden Prairie
Event: Wine & Beer Tasting
Date: October 22, 2026
Place: EP City Center Heritage Rooms, 8080 Mitchell Road
Organization: City of Eden Prairie
Event: Wine & Beer Tasting
Date: December 3, 2026
Place: EP City Center Heritage Rooms, 8080 Mitchell Road
New On-Sale & Sunday Liquor License – New Ownership
Licensee Name: Create Restaurants MN LLC
Formerly: Tavern 4 & 5 LLC
DBA: Tavern 4 & 5
Address: 16396 Wagner Way
Approval is contingent upon submittal of all required application and insurance documents, passing required
inspections, and receiving approval by MN Department of Public Safety – Alcohol & Gambling Enforcement and
Hennepin County Health
Liquor License – 2AM Closing Permit – Renewal
Licensee Name: American Multi-Cinema, Inc
DBA: AMC Theatres Eden Prairie 18
8251 Flying Cloud Drive #4000
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.B.
Department: Rick Getschow, City Manager
ITEM DESCRIPTION
Resolution approving participation in the Performance Measurement Program established by
the Council on Local Results and Innovation.
REQUESTED ACTION
Move to: Adopt the Resolution approving participation in the performance measurement
program established by the Council on Local Results and Innovation.
SUMMARY
The City of Eden Prairie has already implemented the required 10 measures with the majority
coming from the Quality of Life Survey. This resolution will formally adopt the measures and
approve using results we already have for a state program to receive financial benefit.
In February 2012, the Council on Local Results and Innovation created a voluntary performance
measurement program. Requirements of the program include officially adopting and
implementing the ten minimum performance measures, reporting the results to the residents
through at least one of the following means: publication, direct mailing, posting on the entity's
website, or through a public hearing at which the budget and levy will be discussed and public
input allowed, and submission of the resolution and results to the Office of the State Auditor.
Benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita
annually and exemption from levy limits for taxes, if levy limits are in effect. The intention is to
use the funds to support participation in the ICMA Insights performance management and
analytics program. This will help staff to advance our current goals and results performance
measures increasing transparency.
ATTACHMENTS
Resolution
Performance Measure Report Submittal
List of Standard Measures for Cities
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE
MEASUREMENT PROGRAM ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS
AND INNOVATION
WHEREAS, the Council on Local Results and Innovation established by the Minnesota
Legislature has implemented a voluntary performance measurement and reporting program;
and
WHEREAS, benefits to the City of Eden Prairie for participation include a reimbursement of
$0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect;
and
WHEREAS, the Council on Local Innovations and Results has established a standard set of
measures for cities to adopt and report; and
WHEREAS, the City has adopted and implemented at least 10 of the measures in order to satisfy
the program’s requirements.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City of Eden Prairie
will report any updates of the performance measures to its citizenry by the end of the year
through publication, direct mailing, posting on the city’s/county’s website, or through a public
hearing at which the budget and levy will be discussed and public input allowed.
BE IT FURTHER RESOLVED, the City Council of Eden Prairie will submit to the Office of the State
Auditor the actual results of the performance measures adopted by the City.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of June, 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
Performance Measurement Program Report
City of Eden Prairie
6/16/2026
General
Rating of the overall quality of
Eden Prairie services Good- 47%
Fair- 8%
Poor- 1%
1292 Reponses
appearance of the city Good- 43%
Fair- 7%
Poor- 0%
1309 Responses
AAA Standard & Poor’s Rating
Services
city recreational programs and
facilities
classes)
Excellent- 40%
Good- 39%
Fair- 9%
Poor- 2%
Don’t Know- 10%
Recreation centers or facilities
Excellent- 42%
Good- 39%
Fair- 9%
Poor- 2%
Recreation services
1289 responses
2024 Quality of Life Survey-
Recreation centers or
facilities
1293 responses
Police Services
Citizens’ rating of safety in
community (Overall feeling of
safety in Eden Prairie)
Good- 40%
Fair- 6%
Poor- 1%
1319 responses
Fire & EMS Services
Citizens’ rating of the quality of
fire protection services Good- 26%
Fair- 2%
Poor- 0%
1300 responses
Streets
Citizens’ rating of the quality of
city streets as a whole Good- 57%
Fair- 11%
Poor- 2%
1296 responses
snow removal on city streets Good- 38%
Fair- 10%
Poor- 3%
1299 responses
Water
Citizens’ rating of the quality of
the city’s drinking water Good- 41%
Fair- 14%
Poor- 6%
1289 responses
Sanitary Sewer
Citizens’ rating of the quality of
water and sewer services Good- 48%
Fair- 8%
Poor- 1%
1284 responses
Standard Measures for Cities
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.C.
Department: Administration
ITEM DESCRIPTION
Resolution and Contract with the Law Enforcement Labor Services, Local #616 for Police Support
Staff.
REQUESTED ACTION
Move to: Adopt Resolution and authorize entry into labor agreement with Law Enforcement
Labor Services (LELS).
SUMMARY
Negotiations occurred between the City and LELS in the spring of 2026. Through negotiation, a
tentative agreement was reached and supported by staff in June 2026.
ATTACHMENTS
Resolution
City of Eden Prairie and LELS Local #616 Contract
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION APPROVING AND IMPLEMENTING THE 2026-2028 LABOR
AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND LAW ENFORCEMENT
LABOR SERVICES (LOCAL #616)
WHEREAS this is the first Labor Agreement between the City and Law Enforcement Labor
Services (Local #616) (“LELS”) governing Police Support Staff; and
WHEREAS, the City and LELS 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 June 2026 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 Law Enforcement
Labor Services (Local #616) 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 City Council of the City of Eden Prairie this 16th day of June, 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
LABOR AGREEMENT
BETWEEN
THE CITY OF EDEN PRAIRIE
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
(LOCAL ) 616
Representing:
Police Department Support Staff
January 1, 2026-December 31, 2028
2
Table of Contents
ARTICLE 1. PURPOSE OF AGREEMENT ...................................................................................................... 3
ARTICLE 2. RECOGNITION ......................................................................................................................... 3
ARTICLE 3. UNION SECURITY ..................................................................................................................... 3
ARTICLE 4. EMPLOYER SECURITY............................................................................................................... 4
ARTICLE 5. EMPLOYER AUTHORITY ........................................................................................................... 4
ARTICLE 6. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE ......................................................................... 5
ARTICLE 7. DEFINITIONS ............................................................................................................................ 7
ARTICLE 8. SAVINGS CLAUSE ..................................................................................................................... 8
ARTICLE 9. WORK SCHEDULES .................................................................................................................. 8
ARTICLE 10. OVERTIME PAY ....................................................................................................................... 8
ARTICLE 11. DISCIPLINE ............................................................................................................................. 8
ARTICLE 12. SENIORITY ............................................................................................................................. 9
ARTICLE 13. PROBATIONARY PERIODS ...................................................................................................... 9
ARTICLE 14. SAFETY ................................................................................................................................. 10
ARTICLE 15. INSURANCE ....................................................................................................................... 100
ARTICLE 16. UNIFORMS ........................................................................................................................ 100
ARTICLE 17. INJURY ON DUTY ............................................................................................................... 100
ARTICLE 18. ANNUAL PAID LEAVE AND HOLIDAYS ................................................................................ 100
ARTICLE 19. WAIVER............................................................................................................................... 11
ARTICLE 20. DURATION ........................................................................................................................... 11
APPENDIX A WAGE SCHEDULE .............................................................................................................. 12
3
ARTICLE 1. PURPOSE OF AGREEMENT
This AGREEMENT is entered into between the City of Eden Prairie hereinafter called the EMPLOYER, and
Law Enforcement Labor Services, Inc., Local 616 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, as certified by the Bureau
of Mediation Services, Case No. 26PCE0089, for the following:
All Clerical and Technical employees, including Police Project Coordinator
and Law Enforcement Analyst, of the City of Eden Prairie Police
Department. Eden Prairie, Minnesota, who are public employees within the
meaning of Minn. Stat. 179A.03 Subd. 14. excluding supervisory and
confidential employees within the meaning of Minn. Stat. 179A.03 Subd. 17
and Subd. 4.
2.2 In the event the parties cannot agree upon a modification of the classifications that fall within
the bargaining unit, the Bureau of Mediation Services shall make the determination.
ARTICLE 3. UNION SECURITY
In recognition of the Union as the exclusive representative the EMPLOYER shall:
3.1 The UNION will obtain written authorization from the EMPLOYEE for the deduction from wages
of union dues established by the UNION. The UNION will forward the written authorization from
the EMPLOYEE to the EMPLOYER.
3.2 The EMPLOYER will deduct the amount authorized by the EMPLOYEE and remit the amount to
the appropriate designated officer for the UNION. commencing no later than the first pay period
of the next month with proper employee authorization.
3.3 When an EMPLOYEE is in non-pay status for the entire pay period in which a deduction would be
taken, no withholding will be made to convert that pay period from future earnings. In the case
4
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.
3.4 The UNION may designate certain EMPLOYEES from the bargaining unit to act as stewards and
shall inform the EMPLOYER in writing of such choice.
3.5 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.
3.6 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
will comply with City policies, including the policy on political neutrality. Postings shall first be
approved by the Police Chief.
ARTICLE 4. EMPLOYER SECURITY
4.1 The UNION agrees that during the life of this AGREEMENT it, nor any of the EMPLOYEES covered
by this Agreement, will not cause, encourage, participate in or support any strike, slow down,
other interruption of or interference with the normal functions of the EMPLOYER.
ARTICLE 5. EMPLOYER AUTHORITY
5.1. The UNION recognizes the right and authority of the EMPLOYER to operate and manage its
affairs in all respects in accordance with its management rights, existing and future laws and
regulations of the appropriate authorities. The rights or authority which the EMPLOYER has not
officially abridged, delegated or modified by this Agreement are retained by the EMPLOYER.
5.2 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to establish and modify the organizational structure; to
select, direct and determine the number of personnel; to establish work schedules; and to
perform any inherent managerial function not specifically limited by this AGREEMENT.
5.3. The EMPLOYER'S failure to exercise any right, prerogative, or function hereby reserved to it, or
the EMPLOYER'S exercise of any such right, prerogative, or function in a particular way, shall not
be considered a waiver of the EMPLOYER'S right to exercise such right, prerogative, or function
or preclude it from exercising the same in some other way not in conflict with the express
provisions of this Agreement.
5.4 The parties recognize that all EMPLOYEES covered by this Agreement shall perform the services
and duties prescribed by the EMPLOYER and shall be governed by EMPLOYER rules, policies,
regulations, directives and orders, provided that such rules, regulations and orders are not
inconsistent with the provisions of this Agreement or state or federal laws. The EMPLOYER will
5
provide EMPLOYEES with notice of any proposed change in any policy applicable to the
bargaining unit members.
ARTICLE 6. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE
6.1 DEFINITION OF A GRIEVANCE
A grievance is defined as a dispute or disagreement as to the interpretation or application of the
specific terms and conditions of this AGREEMENT.
6.2 UNION REPRESENTATIVES
The EMPLOYER will recognize representatives designated by the UNION as the grievance
representatives of the bargaining unit having the duties and responsibilities established by this
Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION
REPRESENTATIVES and of their successors when so designated.
6.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances
as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and
shall therefore be accomplished during normal working hours only when consistent with such
EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION
REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a
grievance is investigated and presented to the EMPLOYER during normal working hours provided
the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the
designated supervisor who has determined that such absence is reasonable and would not be
detrimental to the work programs of the EMPLOYER. The designated supervisor will be notified
when the steward or grievant EMPLOYEE(S) returns to the workstation and resumes duties.
6.4 PROCEDURE
Grievances, as defined by Section 6.1, shall be resolved in conformance with the following
procedure:
Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this
AGREEMENT shall, within fourteen (14) calendar days after such alleged violation has
occurred, present such grievance in writing to the EMPLOYEE'S immediate supervisor.
The supervisor will discuss and will respond in writing to such Step 1 grievance within
fourteen (14) calendar days after receipt. A grievance not resolved in Step 1 and
appealed to Step 2 shall set forth the nature of the grievance, the facts on which it is
based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy
requested and shall be appealed by the UNION to Step 2 within ten (10) calendar days
after the supervisor’s final answer in Step 1. An answer of the EMPLOYER not provided
within the specified time limits constitutes a proper denial of the grievance on the date
the answer was due. Any grievance not appealed in writing to Step 2 by the UNION
within ten (10) calendar days shall be considered waived.
6
Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with
the Police Chief. The Police Chief shall give the UNION the EMPLOYER'S 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 Police Chief’s final Step 2 answer. An answer of the EMPLOYER not provided within
the specified time limits constitutes a proper denial of the grievance on the date the
answer was due. Any grievance not appealed in writing to Step 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 Human Resources Director. The Human Resources Director 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 Human Resources Director’s final answer in Step 3. An
answer of the EMPLOYER not provided within the specified time limits constitutes a
proper denial of the grievance on the date the answer was due. Any grievance not
appealed in writing to Step 4 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 may by mutual agreement by
the EMPLOYER and UNION be submitted to mediation through the Minnesota Bureau of
Mediation Services. An agreement to submit the grievance to mediation must be made
within ten (10) calendar days of the Step 3 response. If the parties do not agree to
submit the grievance to mediation within such a 10-day period, the UNION may appeal
the grievance to Step 5 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 5
within ten (10) calendar days of the date that mediation ended. An answer of the
EMPLOYER not provided within the specified time limits constitutes a proper denial of
the grievance on the date the answer was due. Any grievance not appealed in writing to
Step 5 as provided by this paragraph shall be considered waived.
Step 5. A grievance unresolved in Step 4 and appealed to Step 5 shall be submitted to
arbitration subject to the provisions of the Public Employment Labor Relations Act.
6.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract
from the terms and conditions of this AGREEMENT. The arbitrator shall consider and
decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION
and shall have no authority to make a decision on any other issue(s) not so submitted.
B. The arbitrator shall be without power to make a decision contrary to, or inconsistent
with, or modifying or varying in any way the application of laws, rules, or regulations
having the force and effect of law. The arbitrator's decision shall be submitted in writing
within thirty (30) days following the close of the hearing or the submission of briefs by
the parties, whichever be later, unless the parties agree to an extension. The decision
7
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. The UNION may not skip any step without the
written consent of the EMPLOYER.
6.7 CHOICE OF REMEDY
If the grievance is not submitted to or not resolved by mediation in Step 4, 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 6 or 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: Law Enforcement Labor Services, Inc., Local 616.
7.2 EMPLOYER: The City of Eden Prairie.
7.3 UNION MEMBER: A member of Law Enforcement Labor Services, Inc., Local 616.
7.4 EMPLOYEE: An employee whose job classification is within the exclusively recognized bargaining
unit.
7.5 BASEPAY RATE: The EMPLOYEE'S hourly pay rate exclusive of any other special allowance.
8
The following definitions apply to non-exempt employees only:
7.6 OVERTIME: Work performed at the express authorization of the EMPLOYER, by a non-exempt
EMPLOYEE, in excess of forty (40) hours per week, per the provisions in the Employee Handbook.
7.7 CALL BACK: Return of an EMPLOYEE whose job is non-exempt, 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 for purposes
of the minimum hours provision in Article 11.
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, hours of employment, and changes thereto is the
EMPLOYER.
9.2 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a
minimum or maximum of hours the EMPLOYER may assign EMPLOYEES.
ARTICLE 10. OVERTIME PAY
10.3 Overtime will be distributed as equally as practicable within a job classification.
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.
ARTICLE 11. DISCIPLINE
11.1 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
Discharge
9
All other employer actions will not be considered discipline.
11.2 EMPLOYEES will receive a copy of such discipline and/or notice.
11.3 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 their request is given the opportunity to have
representation present at the interview to act as a witness for the EMPLOYEE(s).
11.4 Grievances relating to discipline shall be initiated by the UNION at Step 2 of the grievance article.
ARTICLE 12. SENIORITY
12.1 Classification seniority shall be defined as the length of continuous service in the job
classification covered by ARTICLE 2 – RECOGNITION.
12.2 Classification seniority will be the determining criterion for layoffs.
12.3 Classification seniority will be the determining criterion for recall. Recall rights under this
provision will continue for twenty-four (24) months after layoff. Recalled EMPLOYEES shall have
ten (10) working days after notification of recall by registered mail at the EMPLOYEE’S last known
address to report to work or forfeit all recall rights.
ARTICLE 13. PROBATIONARY PERIODS
13.1 All newly hired or rehired EMPLOYEES shall serve a probationary period of twelve (12)
consecutive months of active work. Active work is defined as performing work for the
EMPLOYER in the job they were hired for, for twelve (12) consecutive months. Leaves of absence
will extend this probationary period for the same length as the leave. Any other extensions of
the probationary period may not occur without the written agreement of the EMPLOYEE,
EMPLOYER, and the UNION.
13.2 At any time during the probationary period a newly hired or rehired employee may be
terminated at the sole discretion of the EMPLOYER without such discharge being a violation of
this Agreement and such termination is not a proper subject for Article 6 (Grievance Procedure).
13.3 Any time an employee transfers to a new position within the bargaining unit, said employee will
serve an 6-month trial period. During said trial period, the City can return that employee to their
previous position if there is a vacancy and such return to a previous position is not a proper
subject for Article 6 (Grievance Procedure).
10
ARTICLE 14. SAFETY
14.1 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.
14.2 Representatives of the bargaining unit may be selected to serve on the City Safety Committee
based on management approval.
ARTICLE 15. INSURANCE
15.1 All eligible EMPLOYEES may participate in the EMPLOYER'S insurance program. An eligible
employee is defined as an individual who would be covered under the medical insurance
coverage provisions of both the City’s personnel policies and insurance plan documents between
the City and insurer. For the term of this agreement, the EMPLOYER will contribute toward the
premium for medical, life, and Long-Term Disability insurance on the same basis and subject to
the same conditions and restrictions as the basic program for nonunion EMPLOYEES as it may be
amended from time to time.
ARTICLE 16. UNIFORMS and CLOTHING ALLOWANCE
16.1 EMPLOYEES that are required to wear a full uniform as part of their job duties shall receive a
uniform allowance of $1,200 per year.
16.2 Employees that are not required to wear a uniform as part of their job duties are eligible to
receive seven pieces of clothing per year.
ARTICLE 17. INJURY ON DUTY
17.1 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 18. ANNUAL PAID LEAVE 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 Provided the employee gives two weeks’ prior notice, upon separation from employment, any
unused PTO shall be deposited into the employee’s Health Care Savings Plan account.
11
ARTICLE 19. WAIVER
19.1 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.
19.2 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 20. 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.
FOR THE CITY OF EDEN PRAIRIE: FOR LAW ENFORCEMENT LABOR
SERVICES, INC., LOCAL 616:
______________________________
Ronald A. Case, Mayor
_____________________________ _____________________________
Rick Getschow, City Manager Tim Chmielewski, Business Agent
____________________________ _____________________________
Alecia Rose, Administrative Services James Schedin, Steward
and Human Resources Director
12
APPENDIX A WAGE SCHEDULE
Employees will participate in the same wage structure applicable to non-union employees. Movement
through the range will be on the same basis as the City general wage plan applicable to non-union
employees. Annual step or market increases are contingent upon the EMPLOYEE’s positive performance
evaluation. Nothing in this section shall preclude the EMPLOYER from setting a higher or lower entry-
level wage within the range if the EMPLOYER determines that relevant experience and/or education
permits such higher or lower rate.
All figures and wages are subject to official payroll calculations and rounding.
In addition to the above movement through the wage scale, the following positions will have specific
adjustments for 2026:
Administrative Assistant: Additional $0.36 per hour
Evidence Specialist: Additional Step Increase
Support Services Representative: 3%
Community Service Officer (Part-time): 3%
In 2026, a compensation study will be completed. To the extent the pay study recommends a market
adjustment for the classifications of this bargaining unit, the city agrees to meet and negotiate regarding
the implementation of the recommendation.
For 2027 and 2028, the UNION and EMPLOYER agree to negotiate wages only, and the UNION shall
notify the Bureau of Mediation Services of its intent to negotiate the wage reopener in 2026 and 2027.
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.D.
Department: Administration
ITEM DESCRIPTION
Resolution and Contract with the Law Enforcement Labor Services, Local #602 for Police
Dispatch Supervisor and Police Records Supervisor.
REQUESTED ACTION
Move to: Adopt Resolution and authorize entry into labor agreement with Law Enforcement
Labor Services (LELS).
SUMMARY
Negotiations occurred between the City and LELS in the winter and spring of 2026. Through
negotiation and mediation, a tentative agreement was reached and supported by staff in May
2026.
ATTACHMENTS
Resolution
City of Eden Prairie and LELS Local #602 Contract
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION APPROVING AND IMPLEMENTING THE 2026-2028 LABOR
AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND LAW ENFORCEMENT
LABOR SERVICES (LOCAL #602)
WHEREAS this is the first Labor Agreement between the City and Law Enforcement Labor
Services (Local #602) (“LELS”) governing Police Dispatch Supervisor and Police Records
Supervisor; and
WHEREAS, the City and LELS 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 May 2026 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 Law Enforcement
Labor Services (Local #602) 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 City Council of the City of Eden Prairie this 16th day of June, 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
LABOR AGREEMENT
BETWEEN
THE CITY OF EDEN PRAIRIE
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
(LOCAL #602)
Representing:
Police Records Supervisors
911 Emergency Communication Supervisors
Effective January 1, 2026 through December 31, 2028
2
Table of Contents
ARTICLE I. PURPOSE OF AGREEMENT ....................................................................................................... 3
ARTICLE II. RECOGNITION ......................................................................................................................... 3
ARTICLE III. UNION SECURITY .................................................................................................................... 3
ARTICLE IV. EMPLOYER SECURITY .............................................................................................................. 4
ARTICLE V. EMPLOYER AUTHORITY ........................................................................................................... 4
ARTICLE VI. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE ....................................................................... 5
ARTICLE VII. DEFINITIONS ......................................................................................................................... 7
ARTICLE VIII. SAVINGS CLAUSE .................................................................................................................. 7
ARTICLE IX. WORK SCHEDULES ................................................................................................................. 8
ARTICLE X. DISCIPLINE ............................................................................................................................... 8
ARTICLE XI. SENIORITY .............................................................................................................................. 8
ARTICLE XII. PROBATIONARY PERIODS ...................................................................................................... 9
ARTICLE XIII. SAFETY .................................................................................................................................. 9
ARTICLE XIV. INSURANCE .......................................................................................................................... 9
ARTICLE XV. CLOTHING AND EQUIPMENT .............................................................................................. 10
ARTICLE XVI. INJURY ON DUTY ................................................................................................................ 10
ARTICLE XIX. ANNUAL PAID LEAVE AND HOLIDAYS ................................................................................. 10
ARTICLE XXI. WAIVER ........................................................................................................................... 100
ARTICLE XXII. DURATION ....................................................................................................................... 111
APPENDIX A WAGE SCHEDULE ............................................................................................................ 122
3
ARTICLE I. PURPOSE OF AGREEMENT
This AGREEMENT is entered into between the City of Eden Prairie hereinafter called the EMPLOYER, and
Law Enforcement Labor Services, Inc., Local 602 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 II. RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative, as certified by the Bureau
of Mediation Case No. 25PCE2061 on June 24, 2025 for the following:
All employees of the City of Eden Prairie Police Department, Eden Prairie,
Minnesota, in the job classifications of Police Records Supervisor and 911
Emergency Communications Supervisor, who are public employees within the
meaning of Minn. Stat. 179A.03, subd. 14, and supervisory employees within the
meaning of Minn. Stat. 179A.03, subd. 17, excluding confidential employees
within the meaning of Minn. Stat. 179A.03, subd. 4 and all other employees.
ARTICLE III. UNION SECURITY
In recognition the UNION as the exclusive representative the EMPLOYER shall:
3.1 The UNION will obtain written authorization from the EMPLOYEE for the deduction from wages
of union dues established by the UNION. The UNION will forward the written authorization from
EMPLOYEE to EMPLOYER.
3.2 The EMPLOYER will deduct the amount authorized by the EMPLOYEE and remit the amount to
the UNION commencing no later than the first pay period of the next month with proper
employee authorization.
3.3 When an EMPLOYEE is in non-pay status for the entire pay period in which a deduction would be
taken, no withholding will be made to convert that pay period from future earnings. In the case
of an EMPLOYEE who is in non-pay status during only part of the pay period in which a deduction
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would be taken, and the wages are not sufficient to cover the full withholding, no deductions
shall be made.
3.4 The UNION may designate certain EMPLOYEES from the bargaining unit to act as stewards and
shall inform the EMPLOYER in writing of such choice.
3.5 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.
3.6 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
will comply with City policies, including the policy on political neutrality. Postings shall first be
approved by the Police Chief.
ARTICLE IV. EMPLOYER SECURITY
4.1 The UNION agrees that during the life of this AGREEMENT it, nor any of the EMPLOYEES covered
by this Agreement, will not cause, encourage, participate in or support any strike, slow down,
other interruption of or interference with the normal functions of the EMPLOYER.
ARTICLE V. EMPLOYER AUTHORITY
5.1. The UNION recognizes the right and authority of the EMPLOYER to operate and manage its
affairs in all respects in accordance with its management rights, existing and future laws and
regulations of the appropriate authorities. The rights or authority which the EMPLOYER has not
officially abridged, delegated or modified by this Agreement are retained by the EMPLOYER.
5.2 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to establish and modify the organizational structure; to
select, direct and determine the number of personnel; to establish work schedules; and to
perform any inherent managerial function not specifically limited by this AGREEMENT.
5.3. The EMPLOYER'S failure to exercise any right, prerogative, or function hereby reserved to it, or
the EMPLOYER'S exercise of any such right, prerogative, or function in a particular way, shall not
be considered a waiver of the EMPLOYER'S right to exercise such right, prerogative, or function
or preclude it from exercising the same in some other way not in conflict with the express
provisions of this Agreement.
5.4 The parties recognize that all EMPLOYEES covered by this Agreement shall perform the services
and duties prescribed by the EMPLOYER and shall be governed by EMPLOYER rules, policies,
regulations, directives and orders, provided that such rules, regulations and orders are not
inconsistent with the provisions of this Agreement or state or federal laws. The EMPLOYER will
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provide EMPLOYEES with notice of any proposed change in any policy applicable to the
bargaining unit members.
ARTICLE VI. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE
6.1 DEFINITION OF A GRIEVANCE
A grievance is defined as a dispute or disagreement as to the interpretation or application of the
specific terms and conditions of this AGREEMENT.
6.2 UNION REPRESENTATIVES
The EMPLOYER will recognize representatives designated by the UNION as the grievance
representatives of the bargaining unit having the duties and responsibilities established by this
Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION
REPRESENTATIVES and of their successors when so designated.
6.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances
as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and
shall therefore be accomplished during normal working hours only when consistent with such
EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION
REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a
grievance is investigated and presented to the EMPLOYER during normal working hours provided
the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the
designated supervisor who has determined that such absence is reasonable and would not be
detrimental to the work programs of the EMPLOYER. The designated supervisor will be notified
when the steward or grievant EMPLOYEE(S) returns to the workstation and resumes duties.
6.4 PROCEDURE
Grievances, as defined by Section 6.1, shall be resolved in conformance with the following
procedure:
Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this
AGREEMENT shall, within fourteen (14) calendar days after such alleged violation has
occurred, present such grievance in writing to the EMPLOYEE'S supervisor. The
supervisor will discuss and will respond in writing to such Step 1 grievance within
fourteen (14) calendar days after receipt. A grievance not resolved in Step 1 and
appealed to Step 2 by the UNION 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 supervisor’s final answer in Step 1. An answer of the EMPLOYER not provided
within the specified time limits constitutes a proper denial of the grievance on the date
the answer was due. Any grievance not appealed in writing to Step 2 by the UNION
within ten (10) calendar days shall be considered waived.
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Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with
the Police Chief. The Police Chief shall give the UNION the EMPLOYER'S 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 Division Lieutenant’s final Step 2 answer. An answer of the EMPLOYER not provided
within the specified time limits constitutes a proper denial of the grievance on the date
the answer was due. Any grievance not appealed in writing to Step 3 by the UNION
within ten (10) calendar days shall be considered waived.
Step 3. A grievance unresolved in Step 2 and appealed in Step 3 may by mutual agreement by
the EMPLOYER and UNION be submitted to mediation through the Minnesota Bureau of
Mediation Services. Agreement to submit the grievance to mediation must be made
within ten (10) calendar days of the Step 2 response. If the parties do not agree to
submit the grievance to mediation within such 10-day period, the UNION may appeal
the grievance to Step 4 within five (5) calendar days of the date the parties could not
reach agreement. If the parties agree to submit the grievance to mediation and the
grievance is not resolved by mediation, the UNION may appeal the grievance to Step 4
within ten (10) calendar days of the date that mediation ended. An answer of the
EMPLOYER not provided within the specific time limits constitutes a proper denial of the
grievance on the date the answer was due. Any grievance not appealed in writing to
Step 4 as provided by this paragraph shall be considered waived.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to
arbitration subject to the provisions of the Public Employment Labor Relations Act.
6.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract
from the terms and conditions of this AGREEMENT. The arbitrator shall consider and
decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION
and shall have no authority to make a decision on any other issue(s) not so submitted.
B. The arbitrator shall be without power to make a decision contrary to, or inconsistent
with, or modifying or varying in any way the application of laws, rules, or regulations
having the force and effect of law. The arbitrator's decision shall be submitted in writing
within thirty (30) days following the close of the hearing or the submission of briefs by
the parties, whichever be later, unless the parties agree to an extension. The decision
shall be binding on both the EMPLOYER and the UNION and shall be based solely on the
arbitrator's interpretation or application of the 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.
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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. The UNION may not skip any step without the
written consent of the EMPLOYER.
6.7 CHOICE OF REMEDY
If the grievance is not submitted to or not resolved by mediation in Step 3, and if the grievance
involves the suspension, demotion, or discharge of an EMPLOYEE who has completed the
required probationary period, the grievance may be appealed either to Step 4 of ARTICLE VI or a
procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any
procedure other than Step 4 of ARTICLE VI the grievance is not subject to the arbitration
procedure as provided in Step 4 of ARTICLE VI, unless authorized by state or federal law. 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 VII. DEFINITIONS
7.1 UNION: Law Enforcement Labor Services, Inc., Local 602.
7.2 EMPLOYER: The City of Eden Prairie.
7.3 UNION MEMBER: A member of Law Enforcement Labor Services, Inc., Local 602.
7.4 EMPLOYEE: An employee whose classification is within the exclusively recognized bargaining
unit.
7.5 BASE PAY RATE: The EMPLOYEE'S hourly pay rate exclusive of longevity or any other special
allowance.
ARTICLE VIII. 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.
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ARTICLE IX. WORK SCHEDULES
9.1 The sole authority in work schedules, hours of employment, and changes thereto is the
EMPLOYER.
9.2 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a
minimum or maximum number of hours the EMPLOYER may assign EMPLOYEES.
ARTICLE X. DISCIPLINE
10.1 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;
Demotion; or
Discharge
All other employer actions will not be considered discipline.
10.2 EMPLOYEES will receive a copy of such discipline and/or notice.
10.3 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 their request is given the opportunity to have union
representation present at the interview.
10.4 Grievances relating to discipline shall be initiated by the UNION at Step 2 of the grievance article.
ARTICLE XI. SENIORITY
11.1 Seniority shall be defined as the length of continuous service in the job classification covered by
ARTICLE II – RECOGNITION. EMPLOYEES who are promoted from a job classification covered by
this AGREEMENT and return to a job classification covered by this AGREEMENT shall have their
seniority calculated on their length of service under this AGREEMENT for the purposes of
promotion, transfer and lay off and total length of service with the EMPLOYER for other benefits
under this AGREEMENT.
11.2 Seniority will be the determining criterion for layoffs in the affected job classification.
11.3 Seniority will be the determining criterion for recall. Recall rights under this provision will
continue for twenty-four (24) months after layoff. Recalled EMPLOYEES shall have ten (10)
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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 XII. PROBATIONARY PERIODS
12.1 All newly hired or rehired EMPLOYEES shall serve a probationary period of six (6) consecutive
months of active work. Active work is defined as performing work for the EMPLOYER in a
position covered by this AGREEMENT for six (6) consecutive months. Leaves of absence will
extend this probationary period for the same length as the leave. Any other extensions of the
probationary period may not occur without the written agreement of the EMPLOYEE,
EMPLOYER, and UNION.
12.2 At any time during the probationary period a newly hired or rehired employee may be
terminated at the sole discretion of the EMPLOYER without such discharge being a violation of
this Agreement and such termination is not a proper subject for Article VI (Grievance Procedure).
12.3 At any time during the probationary period a newly promoted Employee may be demoted at the
sole discretion of the Employer without such demotion being a violation of this Agreement and
such demotion is not a proper subject for Article VI, (Grievance Procedure).
ARTICLE XIII. SAFETY
13.1 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.
13.2 Representatives of the bargaining unit may be selected to serve on the City Safety Committee
based on management approval.
ARTICLE XIV. INSURANCE
14.1 All eligible full time EMPLOYEES may participate in the EMPLOYER'S insurance program. An
eligible employee is defined as an individual who would be covered under the medical insurance
coverage provisions of both the City’s personnel policies and insurance plan documents between
the City and insurer.
14.2 For the term of this agreement, the EMPLOYER will contribute toward the premium for medical,
life, and Long-Term Disability insurance on the same basis and subject to the same conditions
and restrictions as the basic program for nonunion EMPLOYEES as it may be amended from time
to time.
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ARTICLE XV. CLOTHING
15.1 EMPLOYEES shall be provided with seven (7) items of clothing per year.
ARTICLE XVI. INJURY ON DUTY
16.1 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 XVII. ANNUAL PAID LEAVE AND HOLIDAYS
17.1 Employees will participate in the City’s leave policies on the same basis as the general non-union
employee group.
17.2 Provided the employee gives two weeks’ prior notice, upon separation from employment, any
unused PTO shall be deposited into the employee’s Health Care Savings Plan account.
ARTICLE XVIII. WAIVER
18.1 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.
18.2 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.
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ARTICLE XIX. 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.
FOR THE CITY OF EDEN PRAIRIE: FOR LAW ENFORCEMENT LABOR
SERVICES, INC.:
______________________________ _______________________________
Ron Case, Mayor Dan Wilson, LELS Business Agent
_____________________________ _____________________________
Rick Getschow, City Manager Alyssa Benkowski, Steward
____________________________ _____________________________
Alecia Rose, Administrative Services/ Dennis Clark, Steward
HR Director
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APPENDIX A WAGE SCHEDULE
Employees will participate in the same wage structure applicable to non-union employees. Movement
through the range will be on the same basis as the City’s general wage plan applicable to non-union
employees. Annual market adjustments are contingent upon the EMPLOYEE'S positive performance
evaluation.
Nothing in this section shall preclude the EMPLOYER from setting a higher or lower entry-level wage
within the range if the EMPLOYER determines that relevant experience and/or education permits such
higher or lower rate.
2026 Range
$86,361.60 $99,299.20 $112,257.60
2026 Wage Rate
Records Supervisor $46.00
Dispatch Supervisor $48.53
For 2027 and 2028, the UNION and EMPLOYER agree to negotiate wages only, and the UNION shall
notify the Bureau of Mediation Services of its intent to negotiate the wage reopener in 2026 and 2027.
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.E.
Department: Public Works/Engineering – Lori Haak, Water Resources Coordinator
ITEM DESCRIPTION
Adopt Resolution approving the AIS Prevention Grant Agreement with Hennepin County (IC
26815)
REQUESTED ACTION
Move to adopt Resolution approving the AIS Prevention Grant Agreement with Hennepin
County
SUMMARY
Aquatic invasive species (like zebra mussels and Eurasian watermilfoil) are threats to the ecology
and recreational use of Eden Prairie’s lakes. The City has a multifaceted approach to curtailing
the spread of aquatic invasive species (AIS) including public education; AIS inspectors at boat
launches on Lake Riley, Mitchell Lake, and Red Rock Lake; and waterless CD3 (Clean-Drain-Dry-
Dispose) stations at Lake Riley and Mitchell Lake. The existing CD3 station at Lake Riley was
installed in 2017 and is in disrepair. The City was awarded a grant of $20,350.00 from Hennepin
County for AIS prevention on Lake Riley. The grant will help fund a replacement CD3 unit at the
public access. Additional funding will be provided by the City of Chanhassen and the Riley
Purgatory Bluff Creek Watershed District. The resolution authorizes the Mayor, City Manager, or
his designee to execute the Grant Agreement with Hennepin County.
Background:
Aquatic invasive species (like zebra mussels and Eurasian watermilfoil) are threats to the ecology
and recreational use of Eden Prairie’s lakes. Transporting aquatic invasive species (AIS) is against
Minnesota law. The City has a multifaceted approach to curtailing the spread of AIS including
public education; AIS inspectors at boat launches on Lake Riley, Mitchell Lake, and Red Rock
Lake; and CD3 (Clean-Drain-Dry-Dispose) stations at Lake Riley and Mitchell Lake. CD3 stations
contain tools which can be used by boaters to remove AIS and possible AIS-containing mud or
water from their watercraft and trailers. The waterless CD3 station at Lake Riley contains a
vacuum, compressed air nozzle, drain plug wrench, grabber tool and brush that can be used at
no cost to remove AIS. The station also records data about the use of each tool.
The existing CD3 station at Lake Riley was installed in 2017 as part of a pilot project. It has been
well-used. In 2024, staff became aware the air compressor and vacuum were both
nonfunctional and their repair would be costly. Since the units have been improved since the
pilot and partnerships were possible, the City applied for and was awarded a grant of
$20,350.00 from Hennepin County for AIS prevention on Lake Riley. The grant will help fund a
replacement CD3 unit at the Riley Lake Park public access. Additional funding will be provided
by the City of Chanhassen and the Riley Purgatory Bluff Creek Watershed District.
Funding:
The CD3 unit is estimated to cost $39,000. In addition to the Hennepin County grant, Riley
Purgatory Bluff Creek Watershed District and the City of Chanhassen will provide funding for
this project. Remaining funding will be provided through the City’s stormwater utility fund.
ATTACHMENTS
Attachment 1: Resolution
Attachment 2: AIS Prevention Grant Agreement with Hennepin County
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION TO APPROVE THE AIS PREVENTION GRANT AGREEMENT WITH
HENNEPIN COUNTY
WHEREAS, on January 29, 2026, Hennepin County posted a competitive Request for Proposals
for Aquatic Invasive Species (AIS) Prevention Grants for the purposes of stopping the
introduction or limiting the spread of AIS; and
WHEREAS, the City has a multifaceted approach to curtailing the spread of AIS including public
education; AIS inspectors at public boat launches on Lake Riley, Mitchell Lake, and Red Rock
Lake; and waterless CD3 (Clean-Drain-Dry-Dispose) stations at Lake Riley and Mitchell Lake; and
WHEREAS, the existing, well-used CD3 station at Lake Riley was installed in 2017 as part of a
pilot project with Hennepin County but has fallen into disrepair; and
WHEREAS, other local partners including the City of Chanhassen and Riley Purgatory Bluff Creek
Watershed District committed support and funding toward Lake Riley CD3 Station Replacement;
and
WHEREAS, the City successfully applied to the Request for Proposals, being awarded up to
$20,350.00 for the purchase of a Lake Riley CD3 Station Replacement; and
WHEREAS, in order to receive grant funds, the City must sign the agreement; and
WHEREAS, the City wishes to receive these grant funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota,
that the City Council accepts the agreement as proposed.
BE IT FURTHER RESOLVED that the City Council authorizes the Mayor, City Manager or his
designee to execute such AIS Prevention Grant Agreement with Hennepin County.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of June, 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
Grant Form 101 (Revised 9/2025) 1
Grant Agreement No: PR00008418
GRANT AGREEMENT
This Grant Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Department of Environment and Energy, 300 South Sixth Street, MC 679, Minneapolis,
Minnesota 55487 (“COUNTY”), and the City of Eden Prairie, a political subdivision of the state
of Minnesota, 8080 Mitchell Road, Eden Prairie, MN 55344 (“GRANTEE”). The parties agree as follows:
1. TERM AND AMOUNT OF GRANT
This Agreement shall commence following execution by all parties. GRANTEE shall complete all Grant Requirements, as defined below, and submit all required documentation on or before March 31, 2027, unless this Agreement is terminated earlier
in accordance with the provisions herein.
In accordance with the provisions herein, COUNTY’s total payments to GRANTEE under this Agreement shall not exceed Twenty Thousand Three Hundred Fifty Dollars and no/100 ($20,350.00) (“Grant Funds”).
2. GRANT REQUIREMENTS
GRANTEE shall complete activities identified in its AIS Prevention Grant Application under the title “Lake Riley CD3 Station Replacement” with the project location described
as “Lake Riley Public Launch” (“Grant Requirements”). Activities will include installing
a new CD3 Wayside station at the Lake Riley Public Launch consistent with the GRANTEE’s AIS Grants Budget Form submitted to COUNTY with its Grant Application. Both the GRANTEE’s AIS Prevention Grant Application and the AIS Grants Budget Form are on file with COUNTY and incorporated herein by reference.
In addition to any other reporting requirements contained in this Agreement, including in any attachments, within thirty (30) days after COUNTY’s request, GRANTEE shall submit grant progress reports to the COUNTY in the manner directed by COUNTY and which may include summarizing activities and outcomes for the given period, goals,
objectives, activities, outcomes, challenges, lessons learned, financial information, and/or
administrative/programmatic monitoring descriptions. 3. GRANT FUNDS DISBURSEMENT
Upon completion of the Grant Requirements, GRANTEE shall invoice COUNTY for allowable costs and payments actually incurred by GRANTEE in performance of the Grant Requirements. GRANTEE shall also submit receipts and other supporting documentation related to the Grant Requirements.
Grant Form 101 (Revised 9/2025)
The final invoice and all supporting documentation shall be submitted no later than thirty (30) days after the expiration of this Agreement. Upon COUNTY’s validation of an invoice and any supporting documentation or certifications, COUNTY shall pay invoiced and validated Grant Funds directly to GRANTEE within thirty (30) days.
Unless the parties otherwise agree, COUNTY shall have no obligation to reimburse or pay GRANTEE any amount: (i) for any expenditures, costs, or expenses incurred prior to the commencement date stated in Section 1 of this Agreement; or (ii) for any expenditures, costs, or expenses that the COUNTY determines are not directly related to the Grant Requirements. If GRANTEE’s expenditures, costs, and expenses associated with its project and/or the Grant Requirements exceed the Grant Funds, GRANTEE shall be solely responsible for payment of those amounts without reimbursement by COUNTY. COUNTY may withhold from any payment due to GRANTEE any amount which is due and owing COUNTY under this or any other agreement between the parties due to overpayment or as a result of an audit. Unless expressly approved in writing by COUNTY, GRANTEE shall not perform the
Grant Requirements under this Agreement without receiving a purchase order or purchase order number supplied by COUNTY. All invoices shall display a Hennepin County purchase order number and be emailed to OBF.Internet@hennepin.us or sent to the following central invoice receiving address supplied by COUNTY: PO Box 1388,
Minneapolis, MN 55440. 4. PARTY RELATIONSHIP
A. GRANTEE shall select the means, method, and manner of performing Grant
Requirements. Nothing is intended nor should be construed as creating or
establishing any relationship, besides that of grantor and grantee, between the parties. GRANTEE is not COUNTY’s vendor, contractor, agent, representative, or employee for any purpose. GRANTEE shall secure at its own expense all personnel and resources required in completing Grant Requirements under this
Agreement. GRANTEE’s personnel and/or subcontractors engaged to perform
any activities under this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. B. If GRANTEE enters into any agreement with any entity to provide goods or services related to GRANTEE’s performance of the Grant Requirements,
GRANTEE shall memorialize that relationship with a written and duly executed agreement with said entity. That agreement will include, at minimum, the following provisions: (i) Neither GRANTEE nor the engaged entity is acting as agent(s) for the
County of Hennepin, State of Minnesota;
Grant Form 101 (Revised 9/2025)
(ii) The parties expressly agree that the County of Hennepin, State of Minnesota, is not a party to their agreement; and
(iii) The County of Hennepin, State of Minnesota is not responsible or
liable for any duty or obligation under their agreement, including but not limited to paying any amount whatsoever under the agreement. 5. NON-DISCRIMINATION
In accordance with COUNTY’s policies against discrimination, GRANTEE shall not exclude any person nor prohibit their participation in or the benefits of any program, service or activity related to this Agreement on the grounds of any protected status or class, including but not limited to race, color, creed, religion, national origin, sex, gender
expression, gender identity, age, disability, marital status, sexual orientation, or public
assistance status. No person who is protected by applicable law against discrimination shall be subjected to discrimination. 6. AFFIRMATIVE ACTION
Intentionally Omitted.
7. INDEMNIFICATION
GRANTEE shall defend, indemnify, and hold harmless COUNTY, its present and former
officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including attorney’s fees, resulting directly or indirectly from any act or omission of GRANTEE, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or
omissions they may be liable in the performance of the Grant Requirements in this
Agreement, and against all loss by reason of the failure of GRANTEE to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any
property right of another, the employment or alleged employment of GRANTEE
personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of these provisions. 8. INSURANCE
GRANTEE warrants it has insurance or self-insurance sufficient to meet its liability obligations under this Agreement. 9. DUTY TO NOTIFY
GRANTEE shall promptly notify COUNTY of any demand, claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or subcontractors, which arises out of this Agreement. GRANTEE shall also notify
Grant Form 101 (Revised 9/2025)
COUNTY whenever GRANTEE has a reasonable basis for believing that GRANTEE and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become
the subject of a demand, claim, action, cause of action, administrative action, criminal
arrest, criminal charge or litigation arising out of this Agreement. 10. DATA, SYSTEMS, AND INTELLECTUAL PROPERTY
A. GRANTOR and GRANTEE, are both government entities subject to the
Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA). Both parties shall, at all times, abide by the provisions of the MGDPA and all other applicable law, rules, regulations and orders relating to data or the privacy, confidentiality or security of data. GRANTEE shall promptly notify
COUNTY if GRANTEE becomes aware of any potential claims, or facts giving
rise to such claims, under the MGDPA or other data, data security, privacy or confidentiality laws, and shall also comply with the other requirements of this Section.
Classification of data, including trade secret data, will be determined pursuant to
applicable law and, accordingly, merely labeling data as “trade secret” by GRANTEE does not necessarily make the data protected as such under any applicable law.
B. In addition to the foregoing MGDPA and other applicable law obligations,
GRANTEE shall comply with the following duties and obligations regarding County Data and County Systems (as each term is defined herein). As used herein, “County Data” means any data or information, and any copies thereof, created by GRANTEE or acquired by GRANTEE from or through COUNTY
pursuant to this Agreement, including but not limited to handwriting, typewriting,
printing, photocopying, photographing, facsimile transmitting, and every other means of recording any form of communication or representation, including electronic media, email, letters, works, pictures, drawings, sounds, videos, or symbols, or combinations thereof.
If GRANTEE has access to or possession/control of County Data, GRANTEE shall safeguard and protect the County Data in accordance with generally accepted industry standards, all laws, and all then applicable COUNTY policies, procedures, rules and directions. To the extent of any inconsistency between
accepted industry standards and such COUNTY policies, procedures, rules and
directions, GRANTEE shall notify COUNTY of the inconsistency and follow COUNTY direction. GRANTEE shall immediately notify COUNTY of any known or suspected security breach or unauthorized access to County Data, then comply with all responsive directions provided by COUNTY. The foregoing
shall not be construed as eliminating, limiting or otherwise modifying
GRANTEE’s indemnification obligations herein.
Grant Form 101 (Revised 9/2025)
C. Intentionally Omitted
D. Upon expiration or termination of this Agreement: (1) At the discretion of COUNTY and as specified in writing by the Grant Manager, GRANTEE shall deliver to the Grant Manager all County Data
so specified by COUNTY.
(2) COUNTY shall have full ownership and control of all such County Data. If COUNTY permits GRANTEE to retain copies of the County Data, GRANTEE shall not, without the prior written consent of COUNTY or
unless required by law, use any of the County Data for any purpose or in
any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such County Data; and shall not do anything which in the opinion of COUNTY would affect COUNTY’s ownership and/or control of such County Data.
(3) Except to the extent required by law or as agreed to by COUNTY, GRANTEE shall not retain any County Data that are confidential, protected, privileged, not public, nonpublic, or private, as those classifications are determined pursuant to applicable law. In addition,
GRANTEE shall, upon COUNTY’s request, certify destruction of any
County Data so specified by COUNTY. 11. RECORDS – AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes section 6.551, the State Auditor, or any
of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of GRANTEE and involve
transactions relating to this Agreement. GRANTEE shall maintain these materials and
allow access during the period of this Agreement and for six (6) years after its expiration or termination. 12. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. GRANTEE binds itself, its partners, successors, assigns and legal representatives to COUNTY for all covenants, agreements and obligations herein. B. GRANTEE shall not assign, transfer or pledge this Agreement and/or the
performance of the Grant Requirements, whether in whole or in part, nor assign
any monies due or to become due to it without the prior written consent of COUNTY. A consent to assign shall be subject to such conditions and provisions as COUNTY may deem necessary, accomplished by execution of a form prepared
Grant Form 101 (Revised 9/2025)
by COUNTY and signed by GRANTEE, the assignee and COUNTY. Permission to assign, however, shall under no circumstances relieve GRANTEE of its
liabilities and obligations under the Agreement.
13. MERGER, MODIFICATION AND SEVERABILITY
A. The entire Agreement between the parties is contained herein and supersedes all
oral agreements and negotiations between the parties relating to the subject
matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail.
GRANTEE and/or COUNTY are each bound by its own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other party.
B. Any alterations, variations or modifications of the provisions of this Agreement
shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the
remaining provisions will not be affected.
14. DEFAULT AND TERMINATION
A. This Agreement may be terminated with or without cause by COUNTY upon
thirty (30) days’ written notice, including but not limited to failure of the
GRANTEE to perform Grant Requirements or failure of the Grant Requirements to promote a public purpose. Additionally, failure to comply with the terms of this Agreement shall be just cause for COUNTY to delay payment of Grant Funds until GRANTEE’s compliance. In the event of a decision to withhold Grant
Funds, COUNTY shall furnish prior written notice to GRANTEE.
B. COUNTY may immediately terminate this Agreement if GRANTEE, or any GRANTEE directors, employees, or other personnel are convicted of a criminal offense relating to any COUNTY, State of Minnesota, or federal grant.
C. Notwithstanding any provision of this Agreement to the contrary, GRANTEE shall remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by GRANTEE.
D. The above remedies shall be in addition to any other right or remedy available to
COUNTY under this Agreement, law, statute, rule, and/or equity.
Grant Form 101 (Revised 9/2025)
E. COUNTY’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not
constitute a general waiver or relinquishment throughout the entire term of the Agreement. F. If this Agreement expires or is terminated, with or without cause, by either party,
at any time, GRANTEE shall not be entitled to any Grant Funds except for
reimbursements duly invoiced for completed Grant Requirements pursuant to this Agreement. G. Upon written notice, COUNTY may immediately suspend or terminate this
Agreement in the event any of the following occur: (i) COUNTY does not obtain
anticipated funding from an outside source for this project; (ii) funding for this project from an outside source is withdrawn, frozen, shut down, is otherwise made unavailable or COUNTY loses the outside funding for any other reason; or (iii) COUNTY determines, in its sole discretion, that funding is, or has become,
insufficient. COUNTY is not obligated to pay for any Grant Funds related to the
performance of any Grant Requirements occurring after the notice and effective date of the suspension or termination. In the event COUNTY suspends or terminates this Agreement pursuant to this paragraph, COUNTY shall pay any Grant Funds already invoiced by GRANTEE prior to the notice of suspension or
termination, if those costs and supporting documentation are validated by
COUNTY, except that COUNTY shall not be obligated to pay any Grant Funds as or for penalties, early termination fees, charges, time and materials for Grant Requirements not already invoiced.
H. GRANTEE has an affirmative obligation, upon written notice by COUNTY that
this Agreement may be suspended or terminated, to follow reasonable directions by COUNTY, or absent directions by COUNTY, to exercise a fiduciary obligation to COUNTY, before incurring or making further costs, expenses, obligations or encumbrances arising out of or related to this Agreement.
15. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term or termination of this Agreement do survive such term or termination. Such provisions include but are not
limited to: PARTY RELATIONSHIP; INDEMNIFICATION; INSURANCE; DUTY TO
NOTIFY; DATA, SYSTEMS, AND INTELLECTUAL PROPERTY; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS.
16. GRANT MANAGER
Tony Brough or successor, (“Grant Manager”), shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and GRANTEE.
Grant Form 101 (Revised 9/2025)
Lori Haak, Water Resources Coordinator, 952.949.8327, lhaak@edenprairiemn.gov, shall
manage the Agreement on behalf of GRANTEE. GRANTEE may replace such person
but shall immediately give written notice to COUNTY of the name, phone number and email (if available) of such substitute person and of any other subsequent substitute person.
17. COMPLIANCE AND NON-DEBARMENT CERTIFICATION
A. GRANTEE shall comply with all applicable law, funding sources, regulations, rules and ordinances currently in force or later enacted.
B. GRANTEE certifies that it is not prohibited from doing business with either the
federal government or the state of Minnesota as a result of debarment or suspension proceedings. GRANTEE shall immediately notify COUNTY if GRANTEE is debarred or suspended during the term of this Agreement.
18. NOTICES
Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the
County Administrator with a copy to the originating COUNTY department at the
addresses given in the opening paragraph of this Agreement. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in GRANTEE’s Form W-9 provided to COUNTY.
19. CONFLICT OF INTEREST
GRANTEE affirms that to the best of GRANTEE’s knowledge, GRANTEE’s involvement in this Agreement does not result in a conflict or potential conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should
any conflict or potential conflict of interest become known to GRANTEE, GRANTEE
shall immediately notify COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise COUNTY whether GRANTEE will or will not resign from the other engagement or representation. A conflict or potential conflict may, in COUNTY’s discretion, be cause
for termination of this Agreement.
20. MEDIA OUTREACH
The parties shall cooperatively and collaboratively develop any grant-related marketing
which may include but is not limited to: permanent or temporary plaques or signs, news
releases, public announcements, social media posts, video, civic opportunities, logos and community events. GRANTEE shall not unreasonably refuse or withhold participation from any COUNTY initiated marketing project, plan or strategy.
Grant Form 101 (Revised 9/2025)
GRANTEE shall provide advance copy of the any independently developed messaging
and marketing materials regarding the Grant Requirements or overall project to
COUNTY for review and approval. COUNTY may, in its sole discretion, reject any proposed marketing if COUNTY determines the proposed marketing does not reflect the spirit or intent of this Agreement or is otherwise contrary to COUNTY’s best interests.
For clarification and not limitation, all Outreach shall be approved by COUNTY, by and
through its Public Relations Officer or their designee(s), prior to publication or release. As used herein, the term “Outreach” shall mean all media, social media, news releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities, and/or other forms of outreach created by, or on
behalf of, GRANTEE: (i) that reference or otherwise use the term “Hennepin County” or
any derivative thereof in relation to this Grant Agreement or the Grant Requirements performed hereunder; or (ii) that directly or indirectly relate to, reference, or concern the County of Hennepin, this Agreement, the Grant Requirements performed hereunder, or COUNTY personnel, including but not limited to COUNTY employees and elected
officials.
21. MINNESOTA LAWS GOVERN
The laws of the state of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the parties. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota.
22. PERSONAL PROPERTY TAX, PROPERTY TAX, AND INCOME TAX Intentionally omitted.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
Grant Form 101 (Revised 9/2025)
COUNTY BOARD AUTHORIZATION
the County Attorney's Office: {{Sig_es_:signer4:signature}}
{{userstamp4_es_:signer4:stamp}}
Reviewed for COUNTY by: {{Sig_es_:signer5:signature}}
{{userstamp5_es_:signer5:stamp}}
Board Resolution No:
{{*BoardResolution_es_:signer5:brs}}
Document Assembled by:
{{Sig_es_:signer1:signature}}
{{userstamp1_es_:signer1:stamp}}
STATE OF MINNESOTA By: {{Sig_es_:signer7:signature}}
{{userstamp7_es_:signer7:stamp}}
ATTEST: {{Sig_es_:signer8:signature}}
{{userstamp8_es_:signer8:stamp}}
By:
{{Sig_es_:signer6:signature}}
{{userstamp6_es_:signer6:stamp}}
Grant Form 101 (Revised 9/2025)
GRANTEE
GRANTEE warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinances.*
By: {{Sig_es_:signer2:signature}}
{{userstamp2_es_:signer2:stamp}}
{{ ttl_es_:signer2:title}}
*GRANTEE represents and warrants that it has submitted to COUNTY all applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship.
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.F.
Department: Julie Klima, Community Development
ITEM DESCRIPTION
At a Regular Session held on May 20, 2026, the Minnesota State Legislature approved the
extension of the tax bill that allowed the City of Eden Prairie flexibility in applying criteria
necessary to establish a Tax Increment Redevelopment District on property at and near the
Eden Prairie Center to support potential mall redevelopment.
REQUESTED ACTION
Move to: adopt a Resolution approving Chapter 128 of 2026 Regular Session extending the
expiration date of Chapter 13 of 2025 First Special Session from December 31, 2026 to
December 31, 2028.
SUMMARY
The owners of the Eden Prairie Center have expressed an interest in redeveloping the north end
of the mall. In 2025, the City pursued special legislation to provide additional options for the
potential establishment of a TIF district to support possible redevelopment. Because the mall
does not meet a required blight test to qualify as a TIF redevelopment district, the City pursued
special legislation permitting it to do so. The original legislation was approved June 9, 2025 –
allowing the City to create a redevelopment district on the mall property before the end of
2026. The new legislation amended the expiration date to establish a TIF redevelopment district
to the end of 2028.
ATTACHMENTS
Resolution
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION APPROVING SPECIAL LAW CHAPTER 128 OF THE 2026 REGULAR
SESSION AMENDING THE EXPIRATION OF SPECIAL LAW CHAPTER 13 OF 2025
FROM END OF 2026 TO END OF 2028
WHEREAS, Special Law Chapter 13 of 2025 was previously approved by the City in Resolution
No. 2025-063 to authorize the City to establish not more than two redevelopment districts
located within the area of the City of Eden Prairie consisting of parcels, together with adjacent
roads and rights-of-way, within the area surrounded by Flying Cloud Drive, West 78th Street, and
Prairie Center Drive;
WHEREAS, Chapter 128 of 2026 Regular Session (“the Special Law”) amended Special Law
Chapter 13 of 2025 by extending the expiration date for approval of a tax financing plan from
December 31, 2026 to December 31, 2028;
WHEREAS, the Special Law is effective the day after (a) the City Council approves the Special
Law by resolution, and (b) the City Clerk files with the Minnesota Secretary of State a certificate
of valid approval, including a copy of the resolution of approval;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie approves
Chapter 128 of 2026 Regular Session (“the Special Law”).
ADOPTED by the City Council of the City of Eden Prairie this 16th day of June 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.G.
Department: Community Development/Planning
Julie Klima/Sarah Strain
ITEM DESCRIPTION
This Minor Subdivision application is to subdivide Lot 1, Block 4 of the Village Woods First
Addition into nine (9) fragments. The property is adjacent to nine (9) platted lots, and each lot
will acquire a fragment to combine with the principal lot at a future date. This property went
into tax forfeiture and was purchased by the applicant, Kimberley Ross, one of the adjacent
property owners.
REQUESTED ACTION
• Adopt a Resolution Approving a Minor Subdivision on 0.366 acres
SUMMARY
Village Woods First Addition was platted in
1974. This plat includes the houses on both
sides of Hiwatha Avenue from 8401
Hiawatha Avenue to 8489 Hiawatha
Avenue. When neighborhood was platted,
Lot 1, Block 4 was designated as an open
space and owned by a homeowner’s
association. The homeowner’s association
has since disbanded, and this lot went into
tax forfeiture. Kimberley Ross, the applicant,
purchased the lot from Hennepin County
and has coordinated with her neighbors to
divide the parcel and have each property
owner acquire a portion to combine with
their principal lots. The subject lot is
highlighted in red in the adjacent image.
The applicant has dedicated drainage and utility easements to the City along the
west/southwest property line of Lot 1, Block 4 and along the proposed lot lines within Lot 1,
Block 4. The Drainage and Utility Easement exhibit is attached to this memo.
Minor subdivisions, as specified in Chapter 12, can be reviewed and approved by City Council if
they are of small size and situated in a locality where conditions are well defined. The minor
subdivision process does not require Planning Commission review and recommendation. The
City may impose conditions on any proposed minor subdivision that are deemed reasonable
and necessary to protect the public interest including but not limited to dedication or vacation
of easements. City Code Chapter 12 states that the City Council shall review requests for minor
subdivisions and approvals shall be made in the form of a resolution. Upon written adoption of
a resolution, the applicant shall be responsible for filing the plat with the County Recorder’s or
Registrar of Title’s office, as applicable.
Lot combinations resulting in one (1) lot are reviewed administratively. Each property owner will
need to apply to combine their acquired fragment of Lot 1, Block 4 with their principal lot after
the subdivision is recorded with Hennepin County.
Staff recommends approval of the Minor Subdivision with the condition that the resulting lots
from this subdivision are combined with adjacent addressed lots as described in the plans
stamp dated June 10, 2026.
ATTACHMENTS
Resolution to Approve a Minor Subdivision
Drainage and Utility Easement
Minor Subdivision Easement
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR VILLAGE WOODS FIRST
ADDITION BY KIMBERLEY ROSS
BE IT RESOLVED, the Minor Subdivision for Village Woods First Addition has been submitted in a
manner required for subdividing land under the Eden Prairie Ordinance Code and under
Chapter 505 of the Minnesota Statutes and all proceedings have been duly had thereunder; and
BE IT RESOLVED, said subdivision is in all respects consistent with the City plan and the
regulations and requirements of the laws of the State of Minnesota and ordinances of the City
of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. That the Minor Subdivision request for Village Woods First Addition is approved subject the
plans stamp dated June 10, 2026 and staff report dated June 16, 2026.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners and subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certification of
approval on behalf of the City Council upon compliance with the foregoing provisions.
ADOPTED by the City Council of the City of Eden Prairie on the 16th day of June, 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
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20401PROJECT:EASEMENT EXHIBIT FOR:PROPERTY ADDRESS:
FILE:
TSR:
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16-116-22
ADDRESS UNASSIGNEDEDEN PRAIRIE, MN 55347
HENN22
KIM ROSS
(P.I.D.# 16-116-22-44-0029)
PROPOSED DRAINAGE & UTILITY EASEMENT DESCRIPTIONS
I hereby certify that this survey, plan or report was prepared by me or under mydirect supervision and that I am a duly Licensed Land Surveyor under the laws ofthe state of Minnesota
Dated this 12th day of May, 2026
___________________________________________________Brent R PetersMinnesota License No. 44123
CERTIFICATION
A 5.00 foot easement for drainage and utility purposes over, under, and across part of Lot 1, Block 4, Village Woods First Addition, Hennepin County, Minnesota. Saideasement lies northerly and northeasterly of the following described line.
Beginning at the most westerly corner of said Lot 1, Block 4, Village Woods First Addition, said corner also being the southeast corner of Lot 2, Block 2, said VillageWoods First Addition; thence South 60 degrees 54 minutes 19 seconds East, on an assumed bearing along the southwesterly line of said Lot 1, Block 4, a distance of8.00 feet to a corner of said Lot 1, Block 4; thence South 29 degrees 24 minutes 19 seconds East, along the southwesterly line of said Lot 1, Block 4, a distance of310.00 feet to the most southerly corner of said Lot 1, Block 4 and said line there terminating.
The sideline of said easement is to be prolonged or shortened to commence at the northwesterly line of said Lot 1, Block 4, and to terminate at the southeasterly lineof said Lot 1, Block 4, Village Woods First Addition.
Together with an easement 10.00 feet in width over, under, and across Lot 1, Block 4, Village Woods First Addition, Hennepin County, Minnesota. The centerline ofsaid easement is described as follows:
Commencing at the southeasterly corner of Lot 2, Block 2, Village Woods First Addition, Hennepin County, Minnesota, according to the recorded plat thereof;thence South 60 degrees 54 minutes 19 seconds East, on an assumed bearing along the southwesterly line of said Lot 1, Block 4, a distance of 8.00 feet to acorner of said Lot 1, Block 4, and the point of beginning of the line to be described; thence North 13 degrees 20 minutes 34 seconds East, a distance of 145.14feet more or less to the northerly line of said Lot 1, Block 4 and said line there terminating.
The sidelines are to be prolonged or shortened to begin on a line 5 feet northeasterly of and parallel with the southwesterly line of said Lot 1, Block 4, and toterminate at the north line of said Lot 1, Block 4.
Together with a 10.00 foot easement for drainage and utility purposes over, under, and across Lot 1, Block 4, Village Woods First Addition, Hennepin County,Minnesota. The centerline of said easement is described as follows:
Beginning at the most southerly corner of Lot 1, Block 3, Village Woods First Addition, Hennepin County, Minnesota; thence southwesterly along thesouthwesterly extension of the southeasterly line of said Lot 1, Block 3, a distance of 30.89 feet more or less to the southwesterly line of said Lot 1, Block 4,Village Woods First Addition, and said centerline there terminating.
The side lines of said easement are to be prolonged or shortened to begin at the northeasterly line of said Lot 1, Block 4, and to terminate on a line 5 feetnortheasterly of and parallel with the southwesterly line of said Lot 1, Block 4.
Together with a 10.00 foot easement for drainage and utility purposes over, under, and across Lot 1, Block 4, Village Woods First Addition, Hennepin County,Minnesota. The centerline of said easement is described as follows:
Beginning at the most southerly corner of Lot 2, Block 3, Village Woods First Addition, Hennepin County, Minnesota; thence southwesterly along thesouthwesterly extension of the southeasterly line of said Lot 2, Block 3, a distance of 50.66 feet more or less to the southwesterly line of said Lot 1, Block 4,Village Woods First Addition, and said centerline there terminating.
The side lines of said easement are to be prolonged or shortened to begin at the northeasterly line of said Lot 1, Block 4, and to terminate on a line 5 feetnortheasterly of and parallel with the southwesterly line of said Lot 1, Block 4.
Together with a 10.00 foot easement for drainage and utility purposes over, under, and across Lot 1, Block 4, Village Woods First Addition, Hennepin County,Minnesota. The centerline of said easement is described as follows:
Beginning at the most southerly corner of Lot 3, Block 3, Village Woods First Addition, Hennepin County, Minnesota; thence southwesterly along thesouthwesterly extension of the southeasterly line of said Lot 3, Block 3, a distance of 71.12 feet more or less to the southwesterly line of said Lot 1, Block 4,Village Woods First Addition, and said centerline there terminating.
The side lines of said easement are to be prolonged or shortened to begin at the northeasterly line of said Lot 1, Block 4, and to terminate on a line 5 feetnortheasterly of and parallel with the southwesterly line of said Lot 1, Block 4.
Together with a 10.00 foot easement for drainage and utility purposes over, under, and across Lot 1, Block 4, Village Woods First Addition, Hennepin County,Minnesota. The centerline of said easement is described as follows:
Beginning at the most southerly corner of Lot 4, Block 3, Village Woods First Addition, Hennepin County, Minnesota; thence southwesterly along thesouthwesterly extension of the southeasterly line of said Lot 4, Block 3, a distance of 61.97 feet more or less to the southwesterly line of said Lot 1, Block 4,Village Woods First Addition, and said centerline there terminating.
The side lines of said easement are to be prolonged or shortened to begin at the northeasterly line of said Lot 1, Block 4, and to terminate on a line 5 feetnortheasterly of and parallel with the southwesterly line of said Lot 1, Block 4.
Together with a 10.00 foot easement for drainage and utility purposes over, under, and across Lot 1, Block 4, Village Woods First Addition, Hennepin County,Minnesota. The centerline of said easement is described as follows:
Beginning at the most southerly corner of Lot 5, Block 3, Village Woods First Addition, Hennepin County, Minnesota; thence southwesterly along thesouthwesterly extension of the southeasterly line of said Lot 5, Block 3, a distance of 55.87 feet more or less to the southwesterly line of said Lot 1, Block 4,Village Woods First Addition, and said centerline there terminating.
The side lines of said easement are to be prolonged or shortened to begin at the northeasterly line of said Lot 1, Block 4, and to terminate on a line 5 feetnortheasterly of and parallel with the southwesterly line of said Lot 1, Block 4.
Together with a 10.00 foot easement for drainage and utility purposes over, under, and across Lot 1, Block 4, Village Woods First Addition, Hennepin County,Minnesota. The centerline of said easement is described as follows:
Beginning at the most southerly corner of Lot 6, Block 3, Village Woods First Addition, Hennepin County, Minnesota; thence westerly along the westerlyextension of the southerly line of said Lot 6, Block 3, a distance of 51.46 feet more or less to the southwesterly line of said Lot 1, Block 4, Village Woods FirstAddition, and said centerline there terminating.
The side lines of said easement are to be prolonged or shortened to begin at the northeasterly land easterly line of said Lot 1, Block 4, and to terminate on a line 5feet northeasterly of and parallel with the southwesterly line of said Lot 1, Block 4.
Together with a 10.00 foot easement for drainage and utility purposes over, under, and across Lot 1, Block 4, Village Woods First Addition, Hennepin County,Minnesota. The centerline of said easement is described as follows:
Beginning at the most westerly corner of Lot 7, Block 3, Village Woods First Addition, Hennepin County, Minnesota; thence northwesterly along thenorthwesterly extension of the southerly line of said Lot 7, Block 3, a distance of 29.56 feet more or less to the southwesterly line of said Lot 1, Block 4, VillageWoods First Addition, and said centerline there terminating.
The side lines of said easement are to be prolonged or shortened to begin at the easterly line of said Lot 1, Block 4, and to terminate on a line 5 feet northeasterly ofand parallel with the southwesterly line of said Lot 1, Block 4.
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.H.
Department: Parks and Recreation – Tyler Menden, Park Construction Supervisor
ITEM DESCRIPTION
Award Contract for the 2026 CR 62 Trail Rehabilitation Project.
REQUESTED ACTION
Move to: Award Contract for the 2026 CR 62 Trail Rehabilitation Project to Aslakson’s Services
Inc.
SUMMARY
The CR 62 Trail Rehab Starts on the CR 62 and Dell Road intersection and ends on Duck Lake Rd
intersection. The Existing trail is in poor condition and will be removed and replaced with a new
trail. The project also includes reconstruction of pedestrian ramps and repairs to adjacent
sidewalks as needed.
Sealed Bids were received on May 14th, 2026, for the 2026 CR 62 Trail Rehab Project. Twelve
bids were received. Below you can find the six lowest. The low bid in the amount of
$259,283.33 and was submitted by Aslakson’s Services Inc. Staff reviewed the bids and
recommend awarding the contract for this project to Aslakson’s Services Inc. in the amount of
$259,283.33.
Bid Summary and Recommendation
Aslakson’s Services Inc: $259,283.33
Clark Companies: $259,993.00
Dreamland Contracting LLC: $269,877.38
Concrete Idea Inc: $278,122.50
BKJ Land Co: $282,244.75
Bituminous Roadways Inc.: $285,465.70
ATTACHMENTS
Form of Contract
(rev. 4/2026)
Construction Contract Agreement
This Construction Contract Agreement (“Agreement”) is made and executed this 16th day of June,
2026, by and between the City of Eden Prairie, a Minnesota municipal corporation (“City”), and
Aslakson’s Services, Inc., a Minnesota Corporation (“Contractor”).
WITNESSETH:
City and Contractor, for the consideration hereinafter stated, agrees as follows:
1. 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:
2026 CR 62 Trail Rehabilitation Project.
Contractor further agrees to do everything required by this Agreement and the Contract
Documents.
2. 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 $259,283.33.
3. Payments to Contractor by City shall be made as provided in the Contract Documents.
4. The Contract Documents consist of the following component parts:
a. Legal and Procedural Documents
(1) Advertisement for Bids
(2) Instruction to Bidders
(3) Accepted Proposal Form
(4) This Construction Contract Agreement
(5) Contractor’s Performance Bond
(6) Contractor’s Payment Bond
(7) Responsible Contractor Verification Form
b. Special Conditions
c. Detail Specifications
d. General Conditions
e. Plans
f. 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.
5. Contractor agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the schedule provided in the Contract Documents.
IN WITNESS WHEREOF, the parties to this Agreement executed this Agreement as of the date first
above written.
CITY OF EDEN PRAIRIE
By:
__________________________________
Its: Mayor
By:
__________________________________
Its: City Manager
CONTRACTOR
By: ___________________________________
Its: ___________________________________
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.I.
Department: Parks and Recreation – Matt Bourne, Parks and Natural Resources Manager
ITEM DESCRIPTION
Approve the Lease Extension for one year with Nathan Lovas and Autumn Brown Lovas for the
Riley Lake Park Rental House.
REQUESTED ACTION
Approve the Lease Extension for one year with Nathan Lovas and Autumn Brown Lovas for the
Riley Lake Park Rental House.
SUMMARY
The City has been renting the Riley-Jacques house at Riley Lake Park for many years. Nathan and
Autumn Brown Lovas have been renting the house since 2011. Having someone in the house
has allowed the City to gain revenue, but more importantly, has kept someone in the home
caring for and protecting this historic site. The monthly rent for the extension period is $770.00,
which is an increase of 5.5% from the previous year. The renter is responsible for paying all
utilities, including propane for heating which can be quite expensive because of the age of the
home.
ATTACHMENTS
Attach I – Lease Extension
LEASE EXTENSION
This Lease Extension (“Extension”), is made and entered into this 16th day of June, 2026 between the City of Eden Prairie (“Landlord”) and Nathan Lovas and Autumn Brown Lovas (“Tenants”).
In consideration of the covenants and agreements contained herein, the parties agree as follows:
1. LEASE EXTENSION. The parties agree to extend for one additional year that certain Minnesota Standard Residential Lease between Landlord and Tenants for the property located at 9100 Riley Lake Road, Eden Prairie, MN 55347 (“Lease”). The Lease runs
through June 30, 2026. This Extension will begin on July 1, 2026 for a term of 12
months. 2. MONTHLY RENT. Beginning July 1, 2026 the monthly rent amount due will be $770.00 per month.
3. RENTER’S INSURANCE. Tenant must procure and carry liability insurance and name the City as an additional insured for the term of this extension providing coverage in the minimum amount of Twenty Five Thousand Dollars ($25,000) Personal Property and Five Hundred Thousand Dollars ($500,000) Liability Limit.
4. ALL OTHER TERMS. All other terms of the Lease will remain in full force and effect for the duration of this Extension.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. LANDLORD: TENANTS:
CITY OF EDEN PRAIRIE NATHAN LOVAS BY: _____________________________
Name: _________________________
ITS: ___________________________ AUTUMN BROWN LOVAS BY:
Name: ________________________
ITS: ___________________________ _____________________________
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.J.
Department: Parks and Recreation – Amy Markle, Parks and Recreation Director
ITEM DESCRIPTION
Partnership agreement between T- Fiber and the City of Eden Prairie for the July 3 and 4
Hometown Celebration.
REQUESTED ACTION
Approve the partnership agreement with T- Fiber for the July 3 and 4 Hometown Celebration.
SUMMARY
The costs for the City of Eden Prairie July 3 and 4 Hometown Celebration have increased with
the addition of a large stage both nights for entertainment, and a 200 drone show on July 3. We
are fortunate to have the support of T-Fiber who will be an event partner with support for
$7,500. This partnership includes the T-Fiber’s name on event signage, website, social media,
opportunity to table on July 3 and 4, and their logo will be a part of the drone show. Full
partnership details can be read in the attached agreement.
ATTACHMENTS
Attach I – T-Fiber July 3 and 4 Hometown Celebration Agreement
City of Eden Prairie
Parks and Recreation
Contract for Event
Sponsorship
Sponsor: T-Mobile USA , Inc. on behalf of its division T-Fiber
Contact Person: Logan Wendt
Address: 8000 West 78th Street, Suite 400
Edina, MN 55439
Day Phone: 507-421-4224 Evening Phone:
Email: Logan.Wendt1@T-Mobile.com
For good and valuable consideration, the sufficiency of which is hereby acknowledged, Sponsor agrees to furnish services as herein stated for the City of Eden Prairie (the “City”).
Sponsor agrees to provide the City with the following Sponsor Obligations:
• $7,500 Sponsor Fee to the City. An invoice will be sent to T-Fiber by June 1, 2026.
• High-res file of T-Fiber’s logo to be used for the purposes outlined above. If applicable,
brand identify guidelines to reference for correct use of T-Fiber logo.
• Link to preferred webpage.
• Brief copy to be used for on-stage verbal recognition.
The City agrees to provide Sponsor with the following sponsorship benefits:
• T-Fiber will be recognized as a major sponsor with T-Fiber logo prominently included on event marketing materials and day-of-event signage.
• T-Fiber logo will be displayed during the drone show.
• T-Fiber will be recognized in Hometown Celebration specific social media and email marketing.
• T-Fiber logo displayed and linked from City’s website to T-Fiber’s website.
• T-Fiber logo included on side or lower main-stage banner.
• On-stage verbal recognition during July 3 program and July 4 program (Mayor remarks).
• City Council meeting recognition.
• T-Fiber logo shown on large electronic viewing screen.
• T-Fiber to have access to a booth or vehicle space in a high-traffic area at both events and/or the option to have employees on-site to handout promotional items.
• T-Fiber will be permitted to brand the venue with banners, promotional signage, giveaways, etc.
Docusign Envelope ID: B673E17A-FD8D-8331-8266-87DC83F48B28
Other Contract Terms:
1. License. Sponsor hereby grants to the City, and the City hereby accepts, a limited, personal, non-exclusive, non-sublicensable, revocable, license to use the T-Fiber logo as necessary to provide the sponsorship benefits during the term of this Agreement. Sponsor
shall review and confirm that City’s proposed use of the T-Fiber logo to provide the
sponsorship benefits is in compliance with all Sponsor rules and requirements for use of
the logo.
2. Indemnification. Sponsor agrees to indemnify and hold harmless the City, its agents, employees, and officials, and defend them against all actions, claims, demands, losses, or expenses of any kind or nature, including reasonable attorneys’ fees, which the City, its
agents, employees, or officials may incur or sustain by reason of any third party claim, demand, investigation, or litigation resulting from messages displayed on sponsorship devices by or at the request of Sponsor, including but not limited to claims, demands, or litigation alleging that the messages or activities are defamatory, constitute illegal competition or trade practice, contain infringement of trademarks or trade names, or
constitute violation of rights of privacy or infringements of copyrights and proprietary
rights, notwithstanding the City’s prior inspection of any sponsorship material and the City’s failure to object to its display. This provision shall survive any cancellation or termination of this Agreement.
3. Data Practices. Sponsor acknowledges that the City is a governmental entity subject to
the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 (“MGDPA”) and that all government data relating to this Agreement may be subject to disclosure upon request as provided by the MGDPA. Sponsor shall at all times abide by the MGDPA to the extent the MGDPA is applicable to data and documents in the possession of Sponsor.
4. Term. This Agreement shall be in effect from 01/1/2026 to 12/31/26 unless terminated
earlier pursuant to its terms or extended upon mutual agreement by the Parties. The City
may immediately terminate this Agreement if the City determines, in its sole discretion, that circumstances have changed such that the use of Sponsor’s name and logo would adversely impact the reputation, image, mission, or integrity of the City. Either party may terminate this Agreement in the event of a material breach by the other party. On any
termination, the City will refund the pro rata portion of any unearned prepaid fees or
Sponsor will owe the pro rata portion of any fees earned prior to termination.
AGREED THIS _________________ DAY OF ________________________, 20________
City of Eden Prairie
By: ________________________________
Ronald A. Case, Mayor
Sponsor
By: ________________________________
Its:
________________________________
By: ________________________________
Docusign Envelope ID: B673E17A-FD8D-8331-8266-87DC83F48B28
6/1/2026 26
Brad Stidham
Rick Getschow, City Manager
Docusign Envelope ID: B673E17A-FD8D-8331-8266-87DC83F48B28
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.K.
Department: Parks and Recreation – Amy Markle, Parks and Recreation Director
ITEM DESCRIPTION
Partnership agreement between Veridian Credit Union and the City of Eden Prairie for the July 3
and 4 Hometown Celebration.
REQUESTED ACTION
Approve the partnership agreement with Veridian Credit Union for the July 3 and 4 Hometown
Celebration.
SUMMARY
The costs for the City of Eden Prairie July 3 and 4 Hometown Celebration have increased with
the addition of a large stage both nights for entertainment, and a 200 drone show on July 3. We
are fortunate to have the support of Veridian Credit Union who will be our official presenting
partner with support for $10,000. This partnership includes the Credit Union’s name on
banners, event signage, website, social media, opportunity to table on July 3, and their logo will
be a part of the drone show. Full partnership details can be read in the attached agreement.
ATTACHMENTS
Attach I – Veridian Credit Union July 3 and 4 Hometown Celebration Agreement
EVENT SPONSORSHIP AGREEMENT
Eden Prairie 4th of July Hometown Celebration presented by Veridian Credit Union
Veridian Credit Union (“Veridian”) and the City of Eden Prairie, on behalf of its Parks and Recreation
Department (“Organizer”) hereby agree, effective _____________, 2026 (“Effective Date”) to a one-
year sponsorship agreement subject to the terms and conditions set forth in this Event Sponsorship
Agreement (“Agreement”). Organizer and Veridian agree that Veridian will be the exclusive title
sponsor of Eden Prairie 4th of July Hometown Celebration during the term of the Agreement.
Organizer agrees to provide Veridian with the following sponsorship benefits related to event programming on July 3 and July 4:
• The event will be named and promoted as “2026 Eden Prairie 4th of July Hometown
Celebration presented by Veridian Credit Union.”
• Veridian will be recognized as the title sponsor with Veridian logo prominently included on
event marketing materials and day-of-event signage
• Veridian logo will be featured both at the beginning and end of the drone show.
• Veridian will be recognized in 4th of July Hometown Celebration-specific social media
(Facebook, Instagram) and email marketing. Organizer to appropriately link such postings to
Sponsor via applicable tag and hyperlink.
• Veridian logo prominently featured and linked from City’s website to Veridian’s website
• Veridian logo included exclusively on main-stage banner
• On-stage verbal recognition during July 3 program and July 4 program (Mayor remarks)
• City Council meeting recognition at a minimum of two meetings
• Veridian logo featured on large viewing screen
• Veridian provided opportunity to run a 15 or 30 second video on large viewing screen
• Veridian to have access to booth space in a high-traffic area at both events and/or the option
to have employees on-site to handout promotional items.
• Veridian will be permitted to brand the venue with banners, promotional signage, giveaways,
etc. Any of these materials referencing 2026 Eden Prairie 4th of July Hometown Celebration
will be reviewed and must be approved by City Communications before production. Banners &
signage to be installed and removed by Organizer.
• Potential for additional benefits as agreed upon by both Veridian and Organizer. Veridian agrees to provide Organizer with the following Sponsor Obligations:
• Annual payment to Organizer in accordance with the schedule below. Payment to be made
within 30 days of receipt of invoice from Organizer for year
• High-res file of Veridian’s logo to be used for the purposes outlined above. Brand identity
guidelines to reference for correct use of Veridian logo.
• Brief copy to be used for on-stage verbal recognition.
• 15 and/or 30 second video to run on World Cup viewing screen.
• Veridian banners and signage for display at the events.
Payment Schedule
2026 $10,000
Organizer agrees to give Veridian first right of refusal to be the exclusive title sponsor of 4th of July
Hometown Celebration in 2027. If another entity proposes to Organizer, or Organizer proposes to
another entity, the opportunity to be the title sponsor of and 4th of July Hometown Celebration in
2027, such terms, fees, and costs therefore shall be presented promptly to Veridian after Organizer
receives such proposal from, or delivers such proposal to, another entity. Veridian shall have 15
business days after receipt of the sponsorship proposal from Organizer within which to accept it on
the terms presented. If Veridian chooses not to accept such proposal on the specified terms and
within the specified time, Organizer shall be free to contract with any other third party for such
sponsorship opportunity. Term and Termination
This agreement will be valid for and 4th of July Hometown Celebration in 2026, although Veridian may
immediately terminate this Agreement for any reason by giving written notice of termination to
Organizer. In addition, The City may immediately terminate this Agreement if the City determines, in
its sole discretion, that circumstances have changed such that the use of Veridian’s name and logo
would adversely impact the reputation, image, mission, or integrity of the City. A written notice of
termination must be submitted to Veridian. All current and future obligations of Veridian (including
payment obligations) and the City will be terminated upon the sending of such written notice to the
following address:
Eden Prairie Parks and Recreation
8080 Mitchell Road
Eden Prairie, MN 55344
ATTN: Amy Markle
Veridian Credit Union
5805 Rockwell Drive NE
Cedar Rapids, IA 52402
ATTN: Jennifer Roberts
License Grants
Veridian grants Organizer, and Organizer hereby accepts, a non-exclusive, not-transferable, non-
sublicensable right and license to use the Veridian logo solely as necessary to provide the
sponsorship benefit during the term of this Agreement. Veridian shall retain all right, title and interest
in and to its logo and applicable trademarks.
Event Obligations
Organizer shall, at its sole cost and expense, secure, and throughout the term of this Agreement fully
comply with, all licenses, permits and approvals required by applicable law in connection with the
events; and otherwise comply, and cause its subcontractors and all other event sponsors to comply,
with all applicable laws. In the event of a change to the Event, including but not limited to, a change in
the Event’s name or duration or a change in the planned activities at the Event, Organizer shall
provide prompt notice to Sponsor to enable Sponsor to determine if it would like to remain as Sponsor
for the modified Event for the Fee listed in the Payment Schedule section above. Within 10 business
days of receipt of such notice, Sponsor shall advise Organizer if it will remain on as Sponsor or will be
terminating the Agreement under the Term and Termination section above. If a payment has already
been made for the Event which has changed, Organizer will promptly refund the pre-paid Sponsorship
Fee to Sponsor.
Indemnification
Organizer shall defend, indemnify, and hold harmless Veridian and its officers, directors, employees,
agents, parent, subsidiaries, and other affiliates, from and against any and all damages, costs,
liability, and expense, whatsoever (including attorneys' fees and related disbursements) resulting from
any claim, suit, action or proceeding arising out of or related to: (i) any 4th of July Hometown
Celebration events, including death or injury to an individual at such an event; (ii) Organizer's
advertising, marketing or promotion of the events; (iii) any Organizer trademarks and event materials;
(iv) any use, presentation, display or distribution of Veridian’s name or logo in a manner not expressly
permitted by this Agreement; or (v) Organizer's breach of any representation, warranty, covenant or
obligation of Organizer under this Agreement, unless such claim, suit, action or proceeding arises
from the negligence or intentional misconduct of Veridian.
Veridian shall indemnify and hold harmless the City, its agents, employees, and officials, and defend
them against all actions, claims, demands, losses, or expenses of any kind or nature, including
reasonable attorneys’ fees, which the City, its agents, employees, or officials may incur or sustain by
reason of any claim, demand, investigation, or litigation resulting from messages displayed on
sponsorship devices by or at the request of Veridian, including but not limited to claims, demands, or
litigation alleging that the messages or activities are defamatory, constitute illegal competition or trade
practice, contain infringement of trademarks or trade names, or constitute violation of rights of privacy
or infringements of copyrights and proprietary rights, notwithstanding the City’s prior inspection of any
sponsorship material and the City’s failure to object to its display. This provision shall survive any
cancellation or termination of this Agreement.
Data Practices and Confidentiality
Veridian acknowledges that the City is a governmental entity subject to the Minnesota Government
Data Practices Act, Minn. Stat. Ch. 13 (“MGDPA”) and that all government data relating to this
Agreement may be subject to disclosure upon request as provided by the MGDPA. Veridian shall at
all times abide by the MGDPA to the extent the MGDPA is applicable to data and documents in the
possession of Sponsor.
Organizer agrees not to access or use any Confidential Information other than as a necessary
exercise its rights or perform its obligation under the Agreement. Organizer agrees not to disclose or
permit access to Confidential Information other than to its employees who need to know such
Confidential Information for purposes of this Agreement and agrees to safeguard the Confidential
Information from unauthorized use, access or disclosure using at least the degree of care it uses to
protect its similarly sensitive information and in no event less than a reasonable degree of care. Confidential Information means information in any form or medium (whether oral, written, electronic,
or other) that Veridian considers confidential or proprietary, including trade secrets, technology,
information pertaining to business operations and strategies, and information pertaining to members
or customers, pricing and marketing.
Entire Agreement
This Agreement constitutes the entire agreement of the parties with respect to the subject matter
contained herein, and supersedes all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to such subject matter.
Relationship of Parties
The relationship between the parties is that of independent contractors. Nothing contained in this
Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint
enterprise, employment or fiduciary relationship between the parties, and neither party shall have
authority to contract for or bind the other party in any manner whatsoever. Governing Law, Jurisdiction and Venue
This Agreement will be interpreted and enforced in accordance with the laws of the State of
Minnesota. Suit to enforce this Agreement or any provisions thereof will be brought exclusively in the
state courts located in Hennepin County, Minnesota.
VERIDIAN
Name: Title:
Veridian Credit Union Representative (printed)
Signature: Date:
CITY OF EDEN PRAIRIE
Name: Ronald A. Case Title: Mayor
Signature: Date:
Name: Rick Getschow Title: City Manager
Signature: Date:
Jennifer Roberts
6/2/26
Public Relations Team Lead
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.L.
Department: Fire Department
ITEM DESCRIPTION
Agreement to purchase Genesis tools from Clarey’s Safety Equipment
REQUESTED ACTION
Approve contract for Good and Services with Clarey’s Safety Equipment for one set of Rescue
(Extrication) Tools.
SUMMARY
The Fire Department handles a wide range of rescue calls. Rescue (extrication) tools are a
valuable tools in conducting rescues. Eden Prairie Fire Department (EPFD) is purchasing the
latest technology in battery powered tools that will allow EPFD to perform rescues remotely
without hydraulic lines tethered to a fire truck. The new tools are more energy efficient and
promote clean energy use while enabling firefighters to perform rescues with the latest cutting
capabilities against the newest hardened steel automobiles. The Fire department recommends
accepting the quotation from Clarey’s Safety Equipment for $48,450.22. The list of equipment
provided by Clarey’s Safety Equipment is identified in its quotation. Requested funding is from
approved CIP as well as the fire department operational budget.
ATTACHMENTS
Quotation from Clarey’s Safety Equipment
Second quote from Industrial Protection Services, LLC
Contract for Good and Services
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.M.
Department: Fire Department
ITEM DESCRIPTION
Agreement to purchase Automatic External Defibrillators (AED’s) and associated equipment
from Lifeline Incorporated
REQUESTED ACTION
Approve the purchase of AED’s and associated equipment from Lifeline Incorporated utilizing
the state purchasing contract.
SUMMARY
AED’s are in place at City buildings to provide effective health and safety equipment in the event
of medical emergencies. Additionally the police and fire department carry AED’s on their
response equipment. The Fire Department manages the AED’s at all locations except the police
department. This purchase is to replace old obsolete equipment. The Fire department
recommends purchasing the AED’s and associated equipment utilizing the State purchasing
contract (Sourcewell 041823-ZLL) from Lifeline Incorporated for $94,072.08. This list of
equipment is listed in the agreement. Requested funding is from the approved CIP.
ATTACHMENTS
Purchasing contract from Lifeline Incorporated utilizing the State Contract - Sourcewell
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.N.
Department: Administration
ITEM DESCRIPTION
Compensation study services
REQUESTED ACTION
Move to: Approve agreement to authorize Segal Company to complete compensation analysis
and a market study for city positions.
SUMMARY
Every 3-5 years the City reviews its compensation structure and conducts a market analysis to
aid in compliance with the Local Government Pay Equity Act and maintain competitive wages
for staff. The last compensation study was completed in 2022. The City received two quotes:
Segal Company: $54,000
Abdo Solutions: $60,000
Staff recommends Segal Company.
ATTACHMENTS
Agreement for Professional Services
Scope (Exhibit A)
(rev. 4/2026)
Standard Agreement for Professional Services
This Agreement for Professional Services (“Agreement”) is made on this 16th day of June 2026,
between the City of Eden Prairie, Minnesota, a municipal corporation (“City”), whose business
address is 8080 Mitchell Road, Eden Prairie, MN 55344, and The Segal Company (Midwest), Inc.
an Illinois corporation (“Consultant”) with a business address located at 7701 France Avenue S
Suite 225, Edina, MN 55435.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose
of this Agreement is to set forth the terms and conditions for the provision of professional
services by Consultant for compensation review and study hereinafter referred to as the
“Work.”
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A in connection with the Work. Exhibit A is intended to be the scope of service
for the work of the Consultant. Any general or specific conditions, terms, agreements,
consultant or industry proposal, or contract terms attached to or a part of Exhibit A are
declined in full and, accordingly, are deleted and will not be in effect in any manner.
2. Term. The term of this Agreement will be from June 17, 2026 through November 30,
2026 the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as
they deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $54,000 for the services as described in
Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant will require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written
authorization.
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by
the City.
Page 2 of 13(rev. 4/2026)
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God,
governmental actions, actions of a third party, or actions or inactions of City, the
time for performance will be extended by a period of time lost by reason of the
delay. Consultant will be entitled to payment for its reasonable additional
charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Provision of Information. City agrees to supply to Consultant (either directly or
through City’s agents and representatives) on a timely basis all of the data,
documentation and information reasonably needed and requested by
Consultant to perform the Services (“City Information”), in a usable format. If
City Information is not provided in a usable format, Consultant will notify City
and may, if City is unwilling or unable to provide it in a usable format, charge City
for actual costs incurred in converting it to a usable a format. Consultant will
have the right to reasonably rely on the accuracy and completeness of City
Information and will have no responsibility for independently verifying or
checking City Information for accuracy or completeness. City will notify
Consultant promptly upon gaining knowledge of any material change to City
Information. City acknowledges and agrees that Consultant shall have no liability
for errors resulting from latent defects in City Information or City’s failure to
notify Consultant of changes to City Information.
b. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City will obtain access to and make all provisions for the
Consultant to enter upon public and private lands or property as required for the
Consultant to perform such services necessary to complete the Work.
c. Consideration of the Consultant’s Work. The City will give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and will inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
d. Standards. The City will furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may
be required in the preparation of the Work for the Project.
e. City’s Representative. The City will appoint a representative with respect to the
work to be performed under this Agreement. The City representative will have
complete authority to transmit instructions, receive information, interpret, and
define the City’s policy and decisions with respect to the services provided or
Page 3 of 13(rev. 4/2026)
materials, equipment, elements and systems pertinent to the work covered by
this Agreement.
5. Method of Payment. The Consultant will submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted will be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant must
indicate for each employee, his or her name, job title, the number of hours
worked, rate of pay for each employee, a computation of amounts due for each
employee, and the total amount due for each project task. Consultant must
verify all statements submitted for payment in compliance with Minnesota
Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for
in Exhibit A, the Consultant must provide an itemized listing and such
documentation as reasonably required by the City. Each invoice must contain the
City’s project number and a progress summary showing the original (or
amended) amount of the contract, current billing, past payments, and
unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in
whole or in part by the City, the Consultant will be paid for any services set forth
on Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items only when
authorized in writing by the City.
d. Claims. By making the claim for payment, the person making the claim is
declaring that the account, claim, or demand is just and correct and that no part
of it has been paid.
6. Project Manager and Staffing. The Consultant must designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on
the Project. The Project Manager will be assisted by other staff members as necessary
to facilitate the completion of the Work in accordance with the terms established
herein. Consultant may not remove or replace the Project Manager without the
approval of the City.
7. Standard of Care. Consultant must exercise the same degree of care, skill, and diligence
in the performance of its services as is ordinarily exercised by members of the
profession under similar circumstances in Hennepin County, Minnesota. Consultant will
be liable to the fullest extent permitted under applicable law, without limitation, for any
injuries, loss, or damages proximately caused by Consultant’s breach of this standard of
care. Consultant must put forth reasonable efforts to complete its duties in a timely
Page 4 of 13(rev. 4/2026)
manner. Consultant will not be responsible for delays caused by factors beyond its
control or that could not be reasonably foreseen at the time of execution of this
Contract. Consultant will be responsible for costs, delays or damages arising from
unreasonable delays in the performance of its duties.
8. Termination. This Agreement may be terminated by either party upon seven (7) days’
written notice delivered to the other party at the address written above. Upon
termination, if there is no fault of the Consultant, the Consultant will be paid for services
rendered and reimbursable expenses until the effective date of termination. If the City
terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment will be made to the Consultant, and the City
may retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant may not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express
written consent of the City. The Consultant must pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant’s receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant must pay
interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per
month or any part of a month. The minimum monthly interest penalty payment for an
unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the
Consultant must pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the
Consultant will be awarded its costs and disbursements, including attorney’s fees,
incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it
deems necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who will be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) will have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No
statement herein may be construed so as to find the Consultant an employee of the
City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant must procure, maintain,
and pay for such insurance as will protect against claims or loss which may arise
out of operations by Consultant or by any subcontractor or by anyone employed
by any of them or by anyone for whose acts any of them may be liable. Such
insurance must include, but not be limited to, minimum coverages and limits of
liability specified in this paragraph, or required by law.
Page 5 of 13(rev. 4/2026)
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance
meeting all the requirements of this paragraph, and Consultant must include in
its contract with subcontractors the requirement that the City be listed as an
additional insured on insurance required from subcontractors. In such case, prior
to a subcontractor performing any Work covered by this Agreement, Consultant
must: (i) provide the City with a certificate of insurance issued by the
subcontractor’s insurance agent indicating that the City is an additional insured
on the subcontractor’s insurance policy; and (ii) submit to the City a copy of
Consultant’s agreement with the subcontractor for purposes of the City’s review
of compliance with the requirements of this paragraph.
c. Consultant must procure and maintain the following minimum insurance
coverages and limits of liability for the Work:
$500,000 disease policy limit
$500,000 disease each employee
Liability per occurrence
$2,000,000 general aggregate
Products – Completed Operations included in
the general aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Liability (shall include coverage for all hired and non-
owed vehicles.)
d. Commercial General Liability. The Commercial General Liability Policy must be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance
must cover liability arising from premises, operations, independent contractors,
products-completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract). There may be no endorsement or modification
of the Commercial General Liability form arising from pollution, explosion,
collapse, underground property damage, or work performed by subcontractors.
Page 6 of 13(rev. 4/2026)
e. Professional Liability Insurance. In addition to the coverages listed above,
Consultant must maintain a professional liability insurance policy in the amount
of $2,000,000. Said policy need not name the City as an additional insured.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is
not available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, must name the “City of Eden Prairie” as an
additional insured including products and completed operations.
h. Intentionally left blank
i. All General Liability policies, Automobile Liability policies and Umbrella policies
must contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, must be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy and the Professional
Liability Policy, must insure the defense and indemnity obligations assumed by
Consultant under this Agreement. The Professional Liability policy must insure
the indemnity obligations assumed by Consultant under this Agreement except
with respect to the liability for loss or damage resulting from the negligence or
fault of anyone other than the Consultant or others for whom the Consultant is
legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term
of the Agreement and for a minimum of two (2) years following City’s written
acceptance of the Work.
m. It is Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. Consultant shall provide no less thirty (30) days’ prior notice to the City, in the
event that a policy is cancelled or non-renewed or restrictive modifications
added, except that if the cancellation or non-renewal is due to non-payment, the
coverages may not be terminated or non-renewed without ten (10) days’ prior
notice to the City.
o. Consultant must maintain in effect all insurance coverages required under this
paragraph at Consultant’s sole expense and with insurance companies licensed
to do business in the state in Minnesota and having a current A.M. Best rating of
no less than A-, unless specifically accepted by City in writing.
Page 7 of 13(rev. 4/2026)
p. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this paragraph must be filed with City prior to the start of
Consultant’s Work. Such documents evidencing Insurance must be in a form
acceptable to City and must provide satisfactory evidence that Consultant has
complied with all insurance requirements. Renewal certificates must be provided
to City promptly following the expiration date of any of the required policies.
City will not be obligated, however, to review such Certificate of Insurance, or to
advise Consultant of any deficiencies in such documents and receipt thereof will
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce
the terms of Consultant’s obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
q. If Consultant fails to provide the specified insurance, then Consultant will defend,
indemnify, and hold harmless the City, the City's officials, agents and employees
from any loss, claim, liability, and expense (including reasonable attorney's fees
and expenses) to the extent necessary to afford the same protection as would
have been provided by the specified insurance. Except to the extent prohibited by
law, this indemnity applies regardless of any strict liability or negligence
attributable to the City (including sole negligence) and regardless of the extent to
which the underlying occurrence (i.e., the event giving rise to a claim which would
have been covered by the specified insurance) is attributable to the negligent or
otherwise wrongful act or omission (including breach of contract) of Consultant,
its subcontractors, agents, employees or delegates. Consultant agrees that this
indemnity will be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity,
then the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all
applicable statutes of limitation have run.
r. If a claim arises within the scope of the stated indemnity, the City may require
Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant’s insurance company.
Consultant will take the action required by the City within fifteen (15) days of
receiving notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages,
costs and expenses, including a reasonable amount as and for its attorney’s fees paid,
incurred or for which it may be liable resulting from any breach of this Agreement by
Page 8 of 13(rev. 4/2026)
Consultant, its agents, contractors and employees, or any negligent or intentional act or
omission performed, taken or not performed or taken by Consultant, its agents,
contractors and employees, relative to this Agreement. Notwithstanding the foregoing,
Consultant’s obligation to defend the City will not apply to claims covered by
Consultant’s professional liability insurance. City will indemnify and hold Consultant
harmless from and against any loss for injuries or damages arising out of the negligent
acts of the City, its officers, agents or employees.
13. Ownership of Deliverables. City acknowledges that, in providing the Services,
Consultant will distribute or make available certain proprietary materials (“Consultant’s
Proprietary Information”), including, but not limited to, publications, software, know-
how, techniques, methodologies and report formats. Except to the extent that they are
or incorporate Consultant’s Proprietary Information, all documents, data, and other
tangible materials authored or prepared and delivered by Consultant to City under the
terms of this Agreement (collectively, the "Deliverables"), are the sole and exclusive
property of City, once paid for by City. To the extent that Consultant’s Proprietary
Information is incorporated into such Deliverables, City will have a perpetual, fully paid,
non-exclusive, non-transferable and non-sublicensable right to use, copy, and modify
Consultant’s Proprietary Information as part of the Deliverables internally and for their
intended purpose. Consultant will not have any responsibility or liability for use of any
Deliverable in any manner other than for the intended purpose.Use of the Information
for the purposes of the project contemplated by this Agreement (“Project”) does not
relieve any liability on the part of the Consultant, but any use of the Information by the
City or the Consultant beyond the scope of the Project is without liability to the other,
and the party using the Information agrees to defend and indemnify the other from any
claims or liability resulting therefrom.
14. ADA Title II Compliance for Digital Content. The following provisions apply only to the
extent Consultant’s obligations under this Agreement require it to produce content that
will be posted on the City’s website or digital apps.
a. Compliance with Accessibility Laws. Consultant must ensure that all digital
content, documents, materials, deliverables, and services produced under this
Agreement that are intended for publication on, or integration with, the City’s
public-facing website (collectively, “Digital Content”) comply with all applicable
federal, state, and local accessibility laws and regulations, including, but not
limited to, the Americans with Disabilities Act (ADA), Title II, and its
implementing regulations (28 C.F.R. Part 35) by April 26, 2027.
b. Accessibility Standards. At a minimum, all Digital Content must conform to the
Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent
version adopted by the City or required by applicable law by April 26, 2027. This
includes, but is not limited to, content such as documents, images, videos, audio,
maps, and interactive features.
Page 9 of 13(rev. 4/2026)
c. Maps and Non-Accessible Content. To the extent Consultant produces map-
based, GIS, or other inherently visual or technically constrained content that
cannot be made fully accessible, Consultant must:
i. notify the City in writing in advance;
ii. provide a detailed explanation of the accessibility limitations; and
iii. supply equivalent alternative formats, data, or descriptions sufficient to
enable the City to provide meaningful access to individuals with disabilities in
compliance with ADA Title II.
15. Mediation. Each dispute, claim or controversy arising from or related to this Agreement
is subject to mediation as a condition precedent to the initiation of any legal or
equitable proceeding by either party. The mediator will be selected by mutual
agreement of the parties, and the costs of mediation will be shared equally. Unless
otherwise agreed in writing, mediation will be held in the City of Eden Prairie. Any
resolution reached through mediation must be documented in a written mediated
settlement agreement, which will be binding on the parties and enforceable in any court
of competent jurisdiction.
General Terms And Conditions
16. Assignment. Neither party may assign this Agreement, nor any interest arising under
this Agreement, without the written consent of the other party, Consultant may assign
its rights or delegate performance to its parent company (The Segal Group, Inc.) or to
one of its affiliates that is wholly-owned by The Segal Group, Inc. and operating under
the same trade name; provided that there is no change in primary personnel performing
services or to the ownership structure of The Segal Group, Inc..
17. Compliance with Laws and Regulations. In providing services under this Agreement, the
Consultant must abide by statutes, ordinances, rules, and regulations pertaining to the
services to be provided. Any violation of statutes, ordinances, rules, and regulations
pertaining to the services will constitute a material breach of this Agreement and entitle
the City to immediately terminate this Agreement.
18. Conflicts. No salaried officer or employee of the City and no member of the City Council
may have a financial interest, direct or indirect, in this Agreement. The violation of this
provision renders the Agreement void.
19. Counterparts. This Agreement may be executed in multiple counterparts, each of which
will be considered an original.
Page 10 of 13(rev. 4/2026)
20. Damages. In the event of a breach of this Agreement by either party, the non-breaching
party will not be entitled to recover punitive, special, or consequential damages or
damages for loss of business.
21. Enforcement. The Consultant will reimburse the City for all costs and expenses incurred
by the City in enforcing any of its rights or remedies under this Agreement, whether
during the term of this Agreement or thereafter, including, without limitation,
reasonable attorneys’ fees.
22. Entire Agreement, Construction, Application, and Interpretation. This Agreement is
entered into in furtherance of the City’s public purpose mission and must be construed,
interpreted, and applied in accordance with that mission. This Agreement constitutes
the entire agreement between the parties and supersedes all prior and
contemporaneous oral or written agreements, negotiations, and understandings
relating to its subject matter. Any amendment, modification, deletion, or waiver of any
provision of this Agreement will be effective only if set forth in a written document
signed by both parties, unless otherwise expressly provided herein.
23. Governing Law. This Agreement will be governed by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant must
not discriminate against any employee or applicant for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation, gender identity, or age. The Consultant must
post in places available to employees and applicants for employment notices setting
forth the provision of this non-discrimination clause and stating that all qualified
applicants will receive consideration for employment. The Consultant must incorporate
the foregoing requirements of this paragraph in all its subcontracts for Work under this
Agreement, and must require all of its subcontractors for such work to incorporate such
requirements in all sub-subcontracts for Work. The Consultant further agrees to comply
with all aspects of the Minnesota Human Rights Act, Minnesota Statutes Chapter 363A,
Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given
in accordance with this Agreement if it is directed to either party by delivering it
personally to an officer of the party, or if mailed in a sealed wrapper by United States
registered or certified mail, return receipt requested, postage prepaid, or if deposited
cost paid with a nationally recognized, reputable overnight courier, properly addressed
to the address listed on page 1 hereof. Notices will be deemed effective on the earlier
of the date of receipt or the date of mailing or deposit, provided, however, that if notice
is given by mail or deposit, that the time for response to any notice by the other party
will 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 specified above, 10 days prior to the effective date of
such change.
Page 11 of 13(rev. 4/2026)
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder are in addition to and not a limitation of any
duties, obligations, rights, and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for under this Agreement will be honored by the City.
28. Severability. If any provision of this Agreement is held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, such determination will not affect
the validity or enforceability of the remaining provisions of this Agreement. The parties
intend that this Agreement be enforced to the fullest extent permitted under Minnesota
law, and any invalid, illegal, or unenforceable provision be deemed modified to the
minimum extent necessary to make it valid and enforceable, consistent with the parties’
original intent.
29. Statutory Provisions.
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Consultant
or other parties relevant to this Agreement are subject to examination by the
City and either the Legislative Auditor or the State Auditor for a period of six (6)
years after the effective date of this Agreement. This provision will survive the
completion or termination of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Consultant under this Agreement which the City
requests to be kept confidential, must not be made available to any individual or
organization without the City's prior written approval. This Agreement is subject
to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter
13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent
this Agreement requires Consultant 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 Consultant in
performing any of the functions of the City during performance of this
Agreement is subject to the requirements of the MGDPA and Consultant will
comply with those requirements as if it were a government entity. All
subcontracts entered into by Consultant in relation to this Agreement must
contain similar MGDPA compliance language. These obligations will survive the
completion or termination of the Agreement.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement will
not affect, in any respect, the validity of the remainder of this Agreement.
Page 12 of 13(rev. 4/2026)
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
___________________________________
Mayor
___________________________________
City Manager
CONSULTANT
By: ________________________________
Its: _________________________________
Page 13 of 13(rev. 4/2026)
EXHIBIT A
Quote/Proposal/Scope of Services
#10301173v1/97909.902 i
Project Summary
We understand the City seeks the assistance of a consultant to perform a compensation study,
implement a new job evaluation methodology, and perform re-classifications.
Specifically, we discussed a project that would include the following two objectives:
• Review of four (4) job titles for potential re-classification within the Cities current internal
hierarchy and salary structure
• Perform analysis and comparison of the City’s salary structure with local public and private
sector market data for potential updating
• Transition the City to a new job evaluation method that will retain the current hierarchy,
comply with the Local Government Pay Equity Act, and can be maintained by the City with
Segal support
We have described the project steps in more detail below and on the following pages.
#10301173v1/97909.902 1
Project Steps
Step 1. Initial meeting
The first task of this project will be to meet, either on-site or via video conference (depending on
current travel restrictions), with the City’s Project Team and any other key advisors to the
project. The purpose of the meeting is to:
• Confirm the goals and objectives of the study
• Finalize the timeline and specific dates for deliverables
• Establish parameters and protocols for the study and keeping the Project Team updated and
informed
• Identify data or information needed to support the overall assignment
• Review provided market data provided by the City
This meeting will help identify a clear project strategy that will facilitate a smooth and effective
working relationship resulting in a successful outcome for the City.
The City’s Roles and Responsibilities
For the initial meeting and stakeholder interviews, we ask the City to coordinate the schedules
of those who will participate, as well as provide a meeting room.
In addition, we ask that the City provide the following information in electronic format:
• Salary structures
• Up-to-date job descriptions in Microsoft Word
• Current and accurate employee census data
Step 2. Re-classification reviews
We will review the job documents provided by the City for up to four (4) job titles for potential
change to job evaluation level and salary range within the current City salary structure. This will
include the following activities:
Segal will review the previous and revised job descriptions to determine if a change in internal
equity is warranted. Because the City is currently using a proprietary job evaluation
methodology that Segal cannot use, will take the approach of reviewing the changes presented
in the new job description in comparison to the previous job description, along with comparisons
to other jobs (identified by the City) in the current and requested job placement.
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Below is a sample layout of our review approach, with description of the content that would be
included:
DRAFT EVALUATION FORMAT
Job Title
Current Evaluation Placement
Where is the job currently evaluated
Job Understanding & Significant Changes
Description of what the job is responsible for and the significant changes from old job
description
Current job summary
Job changes and comparisons
Recommended Placement Level
Description of where we recommend placing the job and the 2-3 key supporting reasons.
Describe any FLSA impact and appropriate test if exempt.
Step 3. Salary market analysis
We will work with the City’s Project Team to clarify and finalize the market study methodology.
The City will provide the local public sector market data from the identified ten (10) peer
organizations with job matches to and Segal will provide market data from published survey
sources to represent the private sector. For pricing purposes, we are anticipating cross-industry
job matches for up to 40 benchmark jobs.
Our goal is to have an agreed-upon and thorough understanding of the market data sources
that will be used in the salary study. This understanding will ensure we are developing and
conducting a market study that is based on valid and defensible process consistent with the
City’s compensation goals and will support the City’s expectations.
We understand that this project covers all the City job classifications/titles and will have up to 80
benchmark job titles that will be defined by the City.
The City has determined the peer organizations, which will be similar to previous studies, and
Segal will provide the three published sources to represent private sector pay data, which are
these nationally recognized published data sources:
• CompAnalyst
• PayScale
• Economic Research Institute (ERI)
Step 4. Data analysis
To analyze the data, we will develop a compensation benchmarking tool in Microsoft Excel that
will become the property of the City at the completion of this project. We will also include any
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private sector data from published data sources, as applicable. The Excel model will have the
functionality to apply the adjustments needed to ensure consistent market comparisons, such
as:
• Geographic adjustments (for any entities or data sources outside the commuting area)
• Aging adjustments (for any published sources with data that is more than a year old)
In addition, the Excel model will include numerous tables and charts that show the City’s market
position in a variety of detailed and summary formats. We will analyze the survey data to
determine the City’s market position relative to the market average minimum, midpoint and
maximum pay rate for each benchmark job title. Then we compare these averages to the City’s
pay ranges to determine the market position for each job title and occupational group. Based on
industry standards that align with federal antitrust/safe harbor guidelines, benchmarks that
receive less than five total responses will not be included in our final report.
For example, our first deliverable to you will be a set of detailed market data tables that show
the matching job title and pay range information associated with each job title, like the example
shown below. We will meet with you to review each job match and finalize the information
before proceeding with the next steps.
Prepare a report on our findings
Once all the data has been collected, reviewed and analyzed, we will prepare a report detailing
our methodology and findings. The report will include at least the following items:
• An Executive Summary, briefly describing our key findings
• A description of the study objectives and methodology
• The City’s competitive market position for pay, applicable to each benchmark job title and job
family
• The prevailing policies regarding pay progression
• Appendices showing detailed information collected for the market study
The City’s Roles and Responsibilities
Task/Step City’s Project Team Role
1. Develop compensation strategy and
market study methodology
• Meet with Segal staff, provide direction on strategy and
methodology
2. Identify benchmark jobs titles • Provide list of benchmarks
3. Identify comparable employers to
survey
• provide list of comparators and local market data
4. Collect and analyze the market data • Review draft market data and provide comments
5. Prepare report on our findings • Review draft report, provide feedback and approve final
report
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Step 5. Recommendations development
Working closely with the City’s Project Team, Segal will use the findings gained from our
analysis to develop recommendations for adjusting the current salary structure that are fair,
defensible, and aligned with the City’s operational and strategic goals. This collaborative
process will ensure that the final recommendations reflect the City’s priorities and are practical
to implement. For this step in the project, we propose the following steps:
1. Updates to the current salary schedule
2. Identify pay grade assignment changes
3. Determine any cost based on market rates and pay grade changes
4. Assist with Pay Equity Testing (Optional)
Updates to the current salary schedule
Once the market study report has been finalized, with the guidance of the City’s Project Team,
Segal will recommend updates to the current salary structures that are consistent with the
market findings and the City’s pay philosophy.
Identify pay grade assignment changes
We will recommend grade assignments for the benchmark jobs with sufficient market data, by
considering the internal equity alignment and the market data. First, we will recommend grade
assignments for all the City jobs based on the current job evaluation level, and then for the
benchmark jobs based on the market study findings. Typically, our goal is to identify the grade
that is within 5% of the market average at the midpoint.
We will review the grade assignments with the City’s Project Team, highlighting situations that
represent significant change from the current pay relationships. Once you have had an
opportunity to review and internally vet the recommendations, and the City will finalize the
ratings with Segal review.
Determine cost based on market ranges and pay grade changes
We will estimate the annualized cost of implementing the updated salary structures. This will
require determining rules for placing current employees within the new pay ranges. While the
prior steps determined the grade assignment for each position, this step involves determining
each employee’s salary within the assigned grade of the revised pay structure on the day of
implementation.
We will work with you to determine the placement criteria. These criteria could include factors
such as:
• Time the employee has been in the position
• Time the employee has worked for the City
• Current position in the salary range
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• Desired market position for individual salaries
• Internal equity and pay compression considerations
• Results of recent performance appraisals
Based on the guidance from the City’s Project Team regarding these criteria, we will identify
each employee’s recommended salary within the applicable pay range and will then determine
the first-year annual cost of implementing the pay schedule.
Since we understand that successful implementation may depend heavily on the cost of
implementation, our recommendations include two costing models for the City’s consideration.
Each model will be constructed to provide the City with the ability to conduct sensitivity analysis
(changes to the variables) independent of Segal.
Project 2. Job evaluation transition - Apply Segal
Evaluator™ approach (internal equity)
Segal has developed the Segal Evaluator™ approach of job evaluation for clients - a
systematic process which defines an easily understood system that:
• Uses specific compensable factors across all departments and positions to create an internal
hierarchy of jobs
• Provides an objective quantitative approach
• Determines values for each compensable factor and calculates a total point score for each
position
• Provides an organization-wide hierarchy is developed which establishes internal equity
• Complements and co-exists with a market data to structure development
The end product of this project step will be job evaluation ratings for all County jobs that
transition the County from the current job evaluation method to Segal Evaluator. Segal will
apply the method to all the benchmark jobs, train the City Human Resources team on the
method to apply to the non-benchmark jobs, and Segal will provide the crosswalk method and
then a Excel workbook that will have the factor ratings and internal equity alignment across all
the County classification titles. This will be used for the pay equity compliance assistance.
The deliverable will be a spreadsheet that shows all job titles and our recommended pay grade
level. The City can adapt, modify, and change this spreadsheet in the future as jobs are added,
removed, or changed. Unless otherwise agreed to, it will be the responsibility of Human
Resources to vet job evaluation scores with each respective department.
Upon completion of the project, Segal will provide the City with our Segal Evaluator™ job
evaluation tool (in Excel format), at no additional cost. The City can continue to use the tool to
adapt, modify, and change in the future as jobs are added, removed, or changed.
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Assist with Pay Equity Testing
Leveraging our Minnesota-based experience, we bring the knowledge, skills, and expertise to
validate any updated structure against pay equity requirements. As part of this optional service,
we assume testing the selected salary structure and would request the City provide the
following: gender distribution for each job, point values, and access to the state’s reporting
system to facilitate uploading and testing of the structure.
Training and knowledge transfer
Upon completion of the project, Segal will provide the City with all analytic tools and materials
developed for this project. These tools and materials are developed in standards Microsoft
software (Word, Excel, PowerPoint) and include, job description questionnaire, and similar items
including our Segal Evaluator™ job evaluation tool (in Excel format), at no additional cost. The
City can continue to use the tool to adapt, modify, and change in the future as jobs are added,
removed, or changed.
Segal will provide a training session with the City’s Human Resources staff to transfer the tools,
methodologies, and recommendations - including a description of the analytic processes that we
used to conduct the study, as well as assistance with defining the operational needs that result
from the potential changes in policy.
Because it is difficult to predict with any certainty exactly what kind of implementation assistance
will be required for this project, our fee assumes up to eight (8) hours, of consulting time.
Project timeline
We will start with the reclassification reviews of the four (4) job titles, and once we receive the
market data from the City from the ten (10) peer organizations, we will begin the market study.
The last project will be the job evaluation transition, which can begin any time, and is not on the
timeline below. We anticipate a timeline of a maximum of four (4) months to complete the two
projects.
Please note: Segal is unable to begin any project without a signed contract from the City.
Anticipated Timeline in Months
June July August September
Re-classification Services
Salary Market Analysis
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Cost Proposal
Segal is committed to providing high-quality services in a cost-effective manner. The following
cost proposal outlines our estimated fees based on the scope of work described in the scope of
work provided by the City, and our understanding of the City’s objectives. Our pricing reflects
the time, expertise, and resources required to deliver a comprehensive and tailored solution that
meets your needs.
Project Step Cost Estimate
Re-classification Services
Assumes the following:
• City provides the previous and updated job descriptions, and
comparable job descriptions as requested by Segal
• Segal reviews information and provides recommendations for salary
range placement based on current internal alignment
• Please note: We are open to discussing ways to partner with the City
on collection of the market data to reduce the cost.
$2,000 - $4,000
Salary Market Analysis
Assumes the following:
• Analysis of local public sector market data for up to 80 benchmark jobs
provided by the City with job matches, and combining with market data
from one published sources provided by Segal (assuming up to 40 job
matches)
• Summary of market data and comparison to the City salary ranges
• One (1) draft and one (1) final report of the market study findings
$30,000
Job Evaluation Transition
Assumes the following:
• Segal develops transition crosswalk and reviews with the City for
approval
• Segal provides point ratings for the benchmark job titles
• Segal trains City Human Resources on methodology and provides job
evaluation workbook model
• City performs job evaluation of non-benchmark jobs and reviews with
Segal
Includes testing for pay equity compliance
$20,000
Total Cost for all Projects: $52,000 - $54,000
The proposed fee includes charges for all professional, analytic and administrative services, as
well as all expenses associated with materials, supplies, overhead and travel for all tasks
outlined in this proposal except as otherwise noted.
Our total fixed fee will be billed in two installments for one at the half point and second at the
conclusion of the project. For your convenience, invoices can be paid by wire transfer. If we are
awarded this engagement, we would be pleased to share our payment details at that time.
#10301173v1/97909.902 8
Please note: If any of the City information provided, such as job descriptions, salary ranges,
employee census are inaccurate, additional hourly fees may be charged for data correction and
preparation.
Our proposed fee assumes only the services and meetings described in the proposal. Should
the City request additional services or additional meetings, we would charge the hourly rates
below as well as for the time and expenses associated with the requests.
Staff Member Title 2026 Hourly Rate
Michael Verdoorn, CCP Vice President, Senior Consultant $475
Potential & TBD Senior Consultant $440
Potential & TBD Consultant $385
Potential & TBD Associate Consultant $340
Potential & TBD Senior Associate $300
Potential & TBD Associate $245
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.O.
Department: Information Technology
ITEM DESCRIPTION
Approve agreement for upgrade of New World public safety software from current on-premise
installation to a Software as a Service installation hosted by Tyler Technologies for an annual
subscription cost of $341,055 and an additional one-time setup cost of $125,000.
REQUESTED ACTION
Move to: Approve Software as a Service Agreement with Tyler Technologies for public safety
applications primarily used by the Police and Fire Departments.
SUMMARY
The City contracted with Tyler Technologies in 2008 for its New World public safety software
and applications. This new contract moves from on-premises to cloud-hosted servers, which
offers greater flexibility in maintenance and support for New World modules. There will be
more frequent feature upgrades as compared to application upgrades once every two years.
Cloud hosting ensures redundancy and backups and significantly smaller downtimes for major
application upgrades. There are improvements in report writing with better collaboration
amongst officers, detectives and Records staff and allows for a case to be submitted as a whole
as against current processes of piece by piece (sometimes out of order) for the supervisor to
review. Statute maintenance, IBR issue resolution and System searches are more efficient.
There is a one-time cost of $125,000 to migrate to the cloud which is budgeted in the IT CIP
budget for 2027. The IT operational budget has been updated to include new annual
subscription costs.
ATTACHMENTS
Tyler Software as a Service Agreement
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SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client and Tyler are parties to a Standard Software License and Services Agreement dated
December 8, 2008, (the “Original Agreement”);
WHEREAS, Client and Tyler now desire to migrate the software products purchased under the Original
Agreement, and set forth in the Investment Summary, from an on-premise installation to a SaaS
installation, and to replace the Original Agreement with updated terms to reflect the ongoing nature of
their relationship, under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth
in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
• “Affiliated Organization” means a government entity separate from you, but which will have
access to the Tyler Software detailed in Exhibit A under this Agreement. Permissible Affiliated
Organizations, if any, are listed in Exhibit A.
• “Agreement” means this Software as a Service Agreement.
• “Business Travel Policy” means our business travel policy. Our current Business Travel Policy is
available here: https://www.tylertech.com/portals/0/terms/Tyler-Business-Travel-Policy.pdf.
• “Client” means the City of Eden Prairie, Minnesota.
• “Data” means your data necessary to use the Tyler Software.
• “Data Storage Capacity” means the contracted amount of storage capacity for your Data, if any,
identified in the Investment Summary.
• “Defect” means a failure of the Tyler Software to substantially conform to the functional
descriptions set forth in our written proposal to you (or the Documentation in the absence of a
written proposal), or their functional equivalent. Future functionality may be updated, modified,
or otherwise enhanced through our maintenance and support services, and the governing
functional descriptions for such future functionality will be set forth in our then-current
Documentation.
• “Defined Users” means the number of users, if any, that are identified in the Investment
Summary.
• “Developer” means a third party who owns the intellectual property rights to a Third-Party
Product.
• “Documentation” means any online or written documentation related to the use or functionality
of the Tyler Software that we provide or otherwise make available to you, including instructions,
user guides, manuals and other training or self-help documentation.
• “Effective Date” means the date by which both your and our authorized representatives have
signed the Agreement. Notwithstanding the foregoing, if these terms are linked from an Order
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Form, the Effective Date is the date your authorized representative signed the Order Form.
• “Force Majeure” means an event beyond the reasonable control of you or us, including, without
limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other
cause that could not with reasonable diligence be foreseen or prevented by you or us.
• “Investment Summary” means the agreed upon cost proposal for the products and services
attached as Exhibit A.
• “Order Form” means an ordering document that includes a quote or investment summary and
specifies the items to be provided by Tyler to Client, including any addenda and supplements
thereto.
• “Professional Services” means those services provided by Tyler or a third party related to the
scope of this Agreement and identified in the Investment Summary.
• “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary.
• “SaaS Services” means software as a service consisting of system administration, system
management, and system monitoring activities that Tyler performs for the Tyler Software and
includes the right to access and use the Tyler Software, receive maintenance and support on the
Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and
archiving. SaaS Services do not include support of an operating system or hardware, support
outside of our normal business hours, or training, consulting, or other professional services.
• “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit
C.
• “Statement of Work” means the industry standard implementation plan describing how our
professional services will be provided to implement the Tyler Software and outlining your and our
roles and responsibilities in connection with that implementation. The Statement of Work is
attached as Exhibit E.
• “Support Call Process” means the support call process applicable to all our customers who have
a right to use the Tyler Software. Our current Support Call Process is available here:
https://www.tylertech.com/portals/0/terms/Tyler-Support-Call-Process.pdf.
• “Third-Party Hardware” means the third-party hardware, if any, identified in the Investment
Summary.
• “Third-Party Products” means the Third-Party Software and Third-Party Hardware.
• “Third-Party SaaS Services” means software as a service provided by a third party, if any,
identified in the Investment Summary.
• “Third-Party Services” means the third-party services, if any, identified in the Investment
Summary.
• “Third-Party Software” means the third-party software, if any, identified in the Investment
Summary or included with the Tyler Software.
• “Third-Party Terms” means the end user license agreement(s) or other terms, if any, for the Third-
Party Products or other parties’ products or services, as applicable, and attached or indicated at
Exhibit D.
• “Tyler” means Tyler Technologies, Inc., a Delaware corporation.
• “Tyler Software” means our proprietary software, including any integrations, custom
modifications, and/or other related interfaces identified in the Investment Summary and licensed
by us to you through this Agreement.
• “we,” “us,” “our” and similar terms mean Tyler.
• “you” and similar terms mean Client.
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SECTION B – SAAS SERVICES
1. Termination of Original Agreement. On January 1, 2027, the Original Agreement will terminate by
mutual agreement of the parties, as will Tyler’s maintenance, support, and/or update obligations for
the software included therein.
2. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS
Services solely for your governmental purposes, subject to any limits for Defined Users or Data Storage
Capacity. You may add additional users or additional data storage capacity on the terms set forth in
this Agreement. In the event you regularly and/or meaningfully exceed the Defined Users or Data
Storage Capacity, we reserve the right to charge you additional fees commensurate with the
overage(s). You acknowledge that we have no obligation to ship copies of the Tyler Software as part
of the SaaS Services. Your right to use the SaaS Services applies to releases provided as part of our
Maintenance and Support Services as further detailed in this Agreement.
3. Ownership.
3.1. We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software,
and anything developed by us under this Agreement. You do not acquire under this Agreement
any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2. The Documentation is licensed to you and may be used and copied by your employees for internal,
non-commercial reference purposes only.
4. Data.
4.1. You retain all ownership and intellectual property rights to the Data. You expressly recognize that
except to the extent necessary to fulfill our obligations contained in this Agreement, we do not
create or endorse any Data used in connection with the SaaS Services.
4.2. You expressly grant to us a limited, non-exclusive license to access, copy, transmit, download,
display, and reproduce your Data to provide services pursuant to this Agreement. Additionally,
you agree that Tyler may use deidentified Data for Client or third-party demonstrative or training
purposes.
4.3. Our access to and use of your Data necessary to use the Tyler Software or SaaS Services will
comply with applicable provisions of our Privacy Statement (available at
https://www.tylertech.com/privacy) and applicable law.
4.4. Data Breach Notification. Tyler will provide notice of a breach of Client Data in accordance with
applicable state and federal data breach notification laws.
4.5. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this
Agreement requires Tyler to perform any function of the Client, all government data, as defined
in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or
disseminated by Tyler in performing any of the functions of Client during performance of this
Agreement is subject to the requirements of the MGDPA and Tyler will comply with all applicable
requirements under the MGDPA. All subcontracts, if any, entered into by Tyler in relation to this
Agreement must contain similar MGDPA compliance language. These obligations will survive the
completion or termination of the Agreement.
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5. Restrictions.
5.1. You may not:
5.1.1. make the Tyler Software or Documentation resulting from the SaaS Services available in
any manner to any third party for use in the third party’s business operations;
5.1.2. modify, make derivative works of, disassemble, reverse compile, or reverse engineer any
part of the SaaS Services;
5.1.3. access or use the SaaS Services to build or support, and/or assist a third party in building
or supporting, products or services competitive to us; or
5.1.4. license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose,
permit timesharing or service bureau use, or otherwise commercially exploit or make the
SaaS Services, Tyler Software, or Documentation available to any third party other than
as expressly permitted by this Agreement.
5.1.5. Notwithstanding anything to the contrary in this Section 4.1, you may disclose, with our
written consent, not to be unreasonably withheld, the Tyler Software, SaaS Services, or
Documentation to a third party you consult with regarding the implementation or use of
the Tyler Software and SaaS Services. You must ensure that any such third-party’s use is
subject to the terms of this Agreement, and you acknowledge and agree that you are
liable for any breach of the terms of this Agreement by such third party.
6. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term
of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable
efforts, consistent with industry standards, to cure the Defect in accordance with our then-current
Support Call Process.
7. SaaS Services.
7.1. Audit & Compliance. Our SaaS Services are audited at least yearly in accordance with the AICPA’s
Statement on Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will
maintain, SOC 1 and SOC 2 compliance, or their equivalent, for so long as you are timely paying
for SaaS Services. The foregoing notwithstanding, you acknowledge that the scope of audit
coverage varies depending on the specific Tyler Software solution. We will provide you with a
summary of our current compliance report(s) or its equivalent, upon your request. For the
avoidance of doubt, if our SaaS Services are provided using a third-party data center, the
compliance report may be for that third-party provider and be subject to confidential treatment
in accordance with applicable law. If you want us to provide our compliance reports to a third-
party auditor or similar entity, we reserve the right to require execution of an NDA by that third
party.
7.2. Service Levels. The Tyler Software will be made available to you according to the terms of the SLA.
Tyler SaaS Services will be provided via a third-party data center. Your Data will be inaccessible to
our other customers.
7.3. Business Continuity. Data centers used to deliver SaaS Services for this Agreement have redundant
telecommunications access, electrical power, and the required hardware to provide access to the
SaaS Services in the event of a disaster or component failure. We test our disaster recovery plan
on an annual basis. The plan is not client specific and is detailed in Tyler’s System & Organization
Control reports or their equivalent. In the event of a data center failure, we reserve the right to
employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit
to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24
hours. RPO represents the maximum duration of time between the most recent recoverable copy
5
of your hosted Data and subsequent data center failure. RTO represents the maximum duration
of time following data center failure within which your access to the Tyler Software must be
restored. If we employ our disaster recovery plan, we will be responsible for restoring your Data
and ensuring that the SaaS Services are online, and you will be responsible for validating your
Data and confirming the functioning of the SaaS Services, including any integrations.
7.4. Security Measures. We provide secure Data transmission paths between your devices and the
data center used to provide SaaS Services to you. Data centers used to provide SaaS Services are
accessible only by authorized personnel with a unique key entry or comparable security. We
conduct annual penetration testing of either the production network and/or web application to
be performed. We will maintain industry standard intrusion detection and prevention systems to
monitor malicious activity in the network and to log and block any such activity. You may not
attempt to bypass or subvert security restrictions in the SaaS Services or environments related to
the Tyler Software. Unauthorized attempts to access files, passwords, or other confidential
information, and vulnerability and penetration test scanning of our network and systems (hosted
or otherwise) are prohibited. Where applicable with respect to our applications that take or
process card payment data, we comply with applicable requirements of PCI DSS. We agree to
supply the then-current status of our PCI DSS compliance program in the form of an official
Attestation of Compliance, which can be found at https://www.tylertech.com/about-
us/compliance and, in the event of any change in our status, we will comply with applicable notice
requirements.
8. Access by Affiliated Organizations. We will grant each Affiliated Organization, if any, access to the
Tyler Software according to the terms of this Agreement, and each such Affiliated Organization must
abide by the terms of this Agreement.
SECTION C – PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in
the Investment Summary and if applicable, described in the Statement of Work.
2. Professional Services Fees. You agree to pay us the services fees in the amounts set forth in the
Investment Summary. Those amounts are payable in accordance with Exhibit B.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes the
scope of services and related costs (including programming and/or interface estimates) required for
the project based on our understanding of the specifications you supplied. If additional work is
required, or if you use or request additional services, we will provide you with an addendum or change
order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or
change order will be valid for thirty (30) days from the date of the quote.
4. Cancellation. If you cancel services less than four (4) weeks in advance (other than for Force Majeure
or breach by us), you will be liable for all (i) daily fees associated with cancelled professional services
if we are unable to reassign our personnel and (ii) any non-refundable travel expenses already
incurred by us on your behalf. We will make all reasonable efforts to reassign personnel in the event
you cancel within four (4) weeks of scheduled commitments.
5. Services Warranty. We will perform services in a professional, workmanlike manner, consistent with
6
industry standards. In the event we provide services that do not conform to this warranty, we will re-
perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with reasonable access to
your personnel, facilities, and equipment as may be reasonably necessary for us to provide
implementation services, subject to any reasonable security protocols or other written policies
provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. All of our employees undergo criminal background checks prior to hire. All
employees sign our confidentiality agreement and security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative
process requiring the time and resources of your personnel. You certify that you will use reasonable
efforts to cooperate with us and make your resources available for the performance of the Agreement
in accordance with its terms and the mutually agreed project schedule. Additionally, you agree to use
all reasonable efforts to cooperate with and assist us as may be reasonably required to support the
efficient execution of the activities required for this Agreement. Accordingly, you will provide notice
of any known inability to timely meet a project commitment so that appropriate project adjustments
can be made. We will not be liable for failure to meet any project deadlines or milestones when such
failure is due to Force Majeure or to the failure by you to comply with the requirements of this
paragraph.
9. Maintenance and Support Services.
9.1. For the duration of this Agreement, consistent with the terms set forth in our then-current
Support Call Process, we will:
9.1.1. perform our maintenance and support obligations in a professional and workmanlike
manner, consistent with industry standards, to provide support and resolve Defects in the
Tyler Software (subject to any applicable release life cycle policy);
9.1.2. provide telephone support during our established support hours as indicated in our then-
current Support Call Process;
9.1.3. maintain personnel that are sufficiently trained to be familiar with the Tyler Software and
Third-Party Software, if any, in order to provide maintenance and support services;
9.1.4. provide releases to the Tyler Software (including updates and enhancements) that we
make generally available without additional charge to customers with a current SaaS
Agreement.
9.2. Your use of Tyler Software or SaaS Services requires that you remain current with supported
releases of Tyler Software as indicated in any applicable release lifecycle policy. Our warranty and
support commitments are contingent upon you using a supported version of the Tyler Software.
Tyler may require you to update to a current version of the Tyler Software to address a critical
issue (for example, to address an identified security vulnerability in the Tyler Software or a third-
party component). Tyler will use commercially reasonable efforts to (i) minimize the number of
such instances and (ii) provide as much advance notice as possible.
9.3. We will use all reasonable efforts to perform support services remotely. We reserve the right to
use secure third-party connectivity tools to deliver maintenance and support services. We also
reserve the right to collect Tyler Software or SaaS Services telemetry for product evaluation,
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quality assurance, and security monitoring and enhancement purposes. You agree to reasonably
cooperate with us in providing access to your environments and Data for the purposes of
providing maintenance and support services and acknowledge that our warranty, support, and
service level obligations under this Agreement are contingent upon receiving reasonable access
to your Data and systems.
9.4. For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support;
(b) application design; (c) other consulting services; or (d) telephone support outside our normal
business hours as listed in our then-current Support Call Process.
SECTION D – THIRD-PARTY PRODUCTS
1. Third-Party Hardware. We will sell and deliver any Third-Party Hardware set forth in the Investment
Summary for the price indicated therein. Unless otherwise indicated, installation of Third-Party
Hardware will be performed by Tyler or identified third party installers.
2. Third-Party Software. Your rights under this Agreement may include rights to certain Third-Party
Software. We certify that we have acquired the right to provide the Third-Party Software to you. Your
rights to the Third-Party Software will be governed by the Third-Party Terms and, in the absence of
such terms, this Agreement.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer or its authorized reseller to sell or grant access, as
applicable, to the Third-Party Products.
3.2 Unless otherwise expressly indicated, Third-Party Hardware will be new and unused. You will
receive free and clear title to the Third-Party Hardware you purchase upon your payment in full
of the purchase price.
3.3 You acknowledge that we are not the manufacturer of Third-Party Products. We do not warrant
or guarantee the performance of the Third-Party Products. However, we grant and pass through
to you any warranty that we may receive from the Developer or supplier of the Third-Party
Products.
4. Third-Party Services. If you have purchased Third-Party Services, those services will be provided
independently of Tyler by such third party at the rates set forth in the Investment Summary and in
accordance with Exhibit B.
SECTION E – TERM AND TERMINATION
1. Term. The migrated SaaS Services as set forth in Exhibit A to this Agreement are effective as of the
first day of the first month following the Effective Date; provided, however, the SaaS Term shall
commence on January 1, 2027, for an initial term of three (3) years. Upon expiration of the initial
term, this Agreement will renew automatically for additional one (1) year renewal terms at our then-
current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end
of the then-current renewal term. Your right to access or use the Tyler Software and the SaaS Services
will terminate at the end of this Agreement.
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2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you
will pay us for all undisputed fees and expenses related to the software, products, and/or services you
have received, or we have incurred or delivered, prior to the effective date of termination. Disputed
fees and expenses in all terminations other than your termination for cause must have been
submitted as invoice disputes in accordance with Section G(2).
2.1. Failure to Pay Fees. You acknowledge that continued access to the SaaS Services is contingent
upon your timely payment of fees. We may terminate this Agreement if you do not cure a failure
to pay within sixty (60) days of our notice to you that you have overdue payments.
2.2. For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute
Resolution clause set forth in Section G(2). You may terminate this Agreement for cause after
following the procedures set forth in Section G(2).
2.3. Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event
suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4. Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient
to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days
written notice to us. You will not be entitled to a refund or offset of previously paid, but unused
SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for
termination for convenience.
SECTION F – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1. We will indemnify, defend, and hold you harmless against any third-party claim(s) that the Tyler
Software or Documentation infringes that third-party’s patent, copyright, or trademark, or
misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment
(or settlement to which we consent). You must notify us promptly in writing of the claim and give
us sole control over its defense or settlement. You agree to provide us with reasonable assistance,
cooperation, and information in defending the claim at our expense.
1.2. Our obligations under this Section F(1) will not apply to the extent the claim or adverse final
judgment is based on your use of the Tyler Software in contradiction of this Agreement, including
with non-licensed third parties.
1.3. If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is
enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment
(or settlement to which we consent), we will, at our option, either:
1.3.1. procure the right to continue its use;
1.3.2. modify it to make it non-infringing; or
1.3.3. replace it with a functional equivalent.
We may elect to employ these remedies in advance of litigation if we receive information
concerning an infringement or misappropriation claim.
1.4. This section provides your exclusive remedy for third-party copyright, patent, or trademark
infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1. We will indemnify, defend, and hold harmless you and your agents, officials, and employees from
and against any and all third-party claims, losses, liabilities, damages, costs, and expenses
(including reasonable attorney's fees and costs) for (i) personal injury, death, or damage to
tangible property, all to the extent caused by our negligence or willful misconduct; or (ii) our
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violation of law applicable to our performance under this Agreement. You must notify us promptly
in writing of the claim and give us sole control over its defense or settlement. You agree to provide
us with reasonable assistance, cooperation, and information in defending the claim at our
expense.
2.2. To the extent permitted by applicable law, you will indemnify, defend, and hold harmless us and
our agents, officials, and employees from and against any and all third-party claims, losses,
liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (i)
personal injury, death, or damage to tangible property, all to the extent caused by your negligence
or willful misconduct; or (ii) your violation of a law applicable to your performance under this
Agreement. We will notify you promptly in writing of the claim and will give you sole control over
its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and
information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS
ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
4. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS
AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED
ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE
LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (i) DURING THE INITIAL TERM, AS
SET FORTH IN SECTION E(1), 1.5X THE TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (ii)
DURING ANY RENEWAL TERM, 1.5X THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT
RENEWAL TERM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS
AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM
EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH
SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE
FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO
SECTIONS F(1) AND F(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain the
following levels of insurance: (i) Commercial General Liability of at least $1,000,000 per occurrence
and $2,000,000 aggregate; (ii) Automobile Liability of $1,000,000 combined single limit; (iii)
Professional Liability (inclusive of cyber protection) of $1,000,000 per claim and in the aggregate; (iv)
Workers Compensation complying with applicable statutory requirements; and (v) Excess/Umbrella
Liability of $5,000,000. We will add you as an additional insured to our Commercial General Liability
and Automobile Liability policies, which will automatically add you as an additional insured to our
Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance
upon your written request.
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SECTION G – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set
forth in the Investment Summary for twelve (12) months from the Effective Date by executing a
mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12)
months have expired, you may purchase additional products and services at our then-current pricing,
also by executing a mutually agreed addendum. The terms of this Agreement will control any such
additional purchase(s), unless otherwise specifically provided in the addendum.
2. Performance Issues and Dispute Resolution.
2.1. Notice. You agree to provide us with written notice within thirty (30) days of receipt of an invoice
(for invoice disputes) or, in the case of performance, becoming aware of an issue related to our
performance under this Agreement.
2.2. Invoice Issues.
2.2.1. If the issue relates to an invoice, your notice must include the following: (i) the issue(s)
with the invoice; (ii) the specific fee(s) at issue; and (iii) the corrective action(s) you are
requesting of Tyler.
2.2.2. We will provide a response to your notice that (i) supports the validity of the invoice as
issued by us; (ii) adjusts the invoice; or (iii) describes our plan to address the issues
identified in your notice.
2.2.3. You agree to pay all undisputed fees by the due date. You acknowledge that you forfeit
your right to dispute any fees under this Agreement when you fail to pay undisputed fees
within sixty (60) days of our notice that the fees are overdue.
2.2.4. In addition to any other remedies available to us under this Agreement or law for non-
payment, we reserve the right to recover from you our reasonable costs of collection
associated with your failure to timely pay amounts due under this Agreement.
2.2.5. WE RESERVE THE RIGHT TO SUSPEND PERFORMANCE OF ANY SERVICE, INCLUDING
ACCESS TO SAAS SERVICES, FOR FAILURE TO TIMELY PAY UNDISPUTED FEES FIFTEEN (15)
DAYS FOLLOWING OUR NOTICE OF INTENT TO DO SO.
2.3. Dispute Resolution. You agree to cooperate with us in trying to reasonably resolve all disputes,
including, if requested by either party, appointing a senior representative to meet and engage in
good faith negotiations with our appointed senior representative. Senior representatives will
convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All
meetings and discussions between senior representatives will be deemed confidential settlement
discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable
state rule. If we fail to resolve the dispute, then the parties shall participate in mediation in an
effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us
may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this
section shall prevent you or us from seeking necessary injunctive relief during the dispute
resolution procedures.
3. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation,
sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt
certificate. Otherwise, we will pay all applicable taxes to the proper authorities, and you will reimburse
us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity,
we are responsible for paying our income taxes, both federal and state, as applicable, arising from our
performance of this Agreement.
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4. Nondiscrimination. We will not discriminate against any employee or applicant in our employment
practices or the performance of our duties, responsibilities, and obligations under this Agreement
because of race, color, religion, gender, age, disability, religious beliefs, national or ethnic origin, or
any other protected class. We will post, where appropriate, all notices related to nondiscrimination
as may be required by applicable law.
5. E-Verify. We use the U.S. Department of Homeland Security’s E-Verify system to confirm the eligibility
of all current employees and persons hired during the contract term to perform services within the
United States under this Agreement.
6. Subcontractors. We will not subcontract any Professional Services specifically for this Agreement
without your prior written consent, not to be unreasonably withheld.
7. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of,
either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement
without the prior written consent of the other party; provided, however, your consent is not required
for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of
substantially all of our assets.
8. Force Majeure. Except for your payment obligations, neither party will be liable for delays in
performing its obligations under this Agreement to the extent that the delay is caused by Force
Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party
whose performance is delayed provides the other party with written notice explaining the cause and
extent thereof, as well as a request for a reasonable time extension equal to the estimated duration
of the Force Majeure event.
9. No Intended Third-Party Beneficiaries. This Agreement is entered into solely for the benefit of you
and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have
the right to make any claim or assert any right under this Agreement. This provision does not affect
the rights of third parties under any Third-Party Terms.
10. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and
us with respect to the subject matter hereof, and supersedes any prior agreements, understandings,
and representations, whether written, oral, expressed, or implied. Purchase orders submitted by you,
if any, are for your internal administrative purposes only, and the terms and conditions contained in
those purchase orders will have no force or effect. This Agreement may only be modified in writing,
signed by an authorized representative of the party against whom enforcement is sought.
11. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder
of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
12. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by
either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of
this Agreement, nor will such non-enforcement prevent such party from enforcing each and every
term of this Agreement thereafter.
13. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
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14. Notices. All notices or communications required or permitted as a part of this Agreement, such as
notice of an alleged material breach for a termination for cause or a dispute that must be submitted
to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the
following: (i) actual receipt by the receiving party; or (ii) five (5) days following deposit with registered
or certified mail with proper postage affixed and addressed to the other party at the address set forth
in this Agreement or such other address as the party may have designated by proper notice. The
consequences for the failure to receive a notice due to improper notification by the intended receiving
party of a change in address will be borne by the intended receiving party.
15. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and
promotional materials.
16. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to confidential information and that disclosure of
such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be
confidential and includes, without limitation, personal identifying information (e.g., social security
numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not
disclose any confidential information of the other party and further agrees to take all reasonable and
appropriate action to prevent such disclosure by its employees or agents. The confidentiality
covenants contained herein will survive the termination or cancellation of this Agreement. This
obligation of confidentiality will not apply to information that:
i. is in the public domain, either at the time of disclosure or afterwards, except by breach of this
Agreement by a party or its employees or agents;
ii. a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
iii. a party receives from a third party who has a right to disclose it to the receiving party; or
iv. is the subject of a legitimate disclosure request under the open records laws or similar
applicable public disclosure laws governing this Agreement, including the MGDPA; provided,
however, that in the event you receive an open records or other similar applicable request,
you will give us prompt notice and otherwise perform the functions required by applicable
law.
17. Business License. In the event a local business license is required for us to perform services hereunder,
you will promptly notify us and provide us with the necessary paperwork and/or contact information
so that we may timely obtain such license.
18. Governing Law. This Agreement will be governed by and construed in accordance with the laws of
your state or commonwealth of domicile, without regard to its rules on conflicts of law.
19. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals,
any of which will be independently treated as an original document. Any electronic, faxed, scanned,
photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be
deemed an original signature and will be fully enforceable as if an original signature. Each party
represents to the other that the signatory set forth below is duly authorized to bind that party to this
Agreement.
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20. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights
data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights data
platform is subject to the Data & Insights SaaS Services Terms of Service, available at:
https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler
Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the
linked terms, you certify that you have reviewed, understand, and agree to said terms.
21. AI Solution Terms. Your rights, and the rights of any of your end users, to use any Tyler AI Solution is
subject to the Tyler AI Solution Terms of Service, available at: https://www.tylertech.com/client-
terms/tyler-ai-solution-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing,
installing, or using any Tyler AI solution, you certify that you have reviewed, understand, and agree to
said terms.
22. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents,
and accounting procedures and practices of Tyler that are relevant to this Agreement are subject to
examination by the Client and either the Minnesota Legislative Auditor or the Minnesota State Auditor
for a period of six (6) years after the Effective Date of this Agreement. This provision will survive the
completion or termination of this Agreement.
23. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Terms
Exhibit C Service Level Agreement
Exhibit D Third-Party Terms
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IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as
of the date(s) set forth below.
By: _________________________________
Name: ______________________________
Title: ________________________________
Date: ________________________________
Address for Notices:
Tyler Technologies, Inc.
7701 College Boulevard
Overland Park, KS 66210
Attention: Chief Legal Officer
With a copy to:
Tyler Technologies, Inc.
5101 Tennyson Parkway
Plano, TX 75024
Attention: Legal Department
By: _________________________________
Name: Ronald A. Case
Title: Mayor
By: _________________________________
Name: Rick Getschow
Title: City Manager
Date: ________________________________
Address for Notices:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Attention: City Manager
With a copy to:
Gregerson, Rosow, Johnson & Nilan, Ltd.
100 Washington Ave S, Suite 1550
Minneapolis, MN 55410
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Exhibit A
Investment Summary
The Investment Summary details the products and services to be delivered by us, or a third party, as
applicable, to you under the Agreement. This Investment Summary is effective as of the Effective Date
regardless of any expiration date in the Investment Summary. Capitalized terms not otherwise defined
will have the meaning assigned to such terms in the Agreement.
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Exhibit B
Invoicing and Payment Terms
We will provide you with the software and services set forth in the Investment Summary of the
Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the
Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set
forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. Tyler Annual Services.
1.1. SaaS Services. SaaS Fees, to include embedded Third-Party SaaS Fees, are invoiced on an annual
basis, beginning on the commencement of the initial term as set forth in Section E(1) of this
Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary.
Upon expiration of the initial term, your annual SaaS fees will be at our then-current rates.
Beginning on the commencement of the initial term, Client shall no longer be required to pay
annual maintenance and support fees under the Original Agreement.
2. Tyler Services.
2.1. Professional Services Generally: Unless otherwise indicated below, fees for Tyler services are
invoiced as delivered/upon completion/in accordance with the following milestone billing
schedule:
25% on the Effective Date
25% upon granting Client Access to the Tyler Software in the hosted environment
25% completion of Solution Validation
25% upon completion of train-the-trainer activity
3. Hardware & Third-Party Products.
3.1. Hardware: Hardware costs, if any, are invoiced upon delivery.
3.2. Hardware Maintenance: The first year maintenance fee for hardware is invoiced upon delivery
of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in
advance, at then-current rates, upon each anniversary thereof.
3.3. Third-Party Services: Fees for Third-Party Services, if any, are invoiced as delivered, along with
applicable expenses, at the rates set forth in the Investment Summary.
3.4. Third Party Software. License Fees for Third Party Software, in any, are invoiced when the
applicable Third Party Software is made available to you for download.
3.5. Third Party Software Maintenance: The first year maintenance fee for the Third Party Software
is invoiced when it is made available to you for downloading. Subsequent annual maintenance
fees for Third Party Software are invoiced annually, in advance, at then-current rates, upon each
anniversary thereof.
3.6. Third-Party SaaS Services. Third-Party SaaS Services fees, if any, are invoiced on an annual basis,
commencing with availability of the respective Third-Party SaaS Services. Pricing for the first year
of Third-Party SaaS Services is indicated in the Investment Summary. Unless express stated
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otherwise, pricing for subsequent years will be at then-current rates.
4. Expenses. The Investment Summary includes estimated travel expenses. Expenses for Tyler delivered
services will be billed as incurred and only in accordance with our then-current Business Travel Policy.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer
to receive payments electronically. Our electronic payment information is available by contacting
AR@tylertech.com.
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Exhibit C
SERVICE LEVEL AGREEMENT
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It
outlines the information technology service levels related to the availability of the Tyler SaaS Services that
you have requested us to provide. All other support services are documented in the Support Call Process.
This SLA does not apply to any Third-Party SaaS Services.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the
Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar month,
calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or
the acts or omissions of any of your service users or third-party providers over whom we exercise no
control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch,
login, search or save primary data in the Tyler Software. Downtime does not include those instances in
which only a Defect is present.
Emergency Maintenance Window: (1) maintenance that is required to patch a critical security
vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or
(3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable
of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents,
denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used
in the production environment.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard
Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined
in the Support Call Process. You will receive a support case number.
b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring, we will work
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with you to identify the cause of the Downtime (including whether it may be the result of Planned
Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you
to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief
Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the
calendar quarter.
In order to receive relief credits, you must submit a request through one of the channels listed in our
Support Call Process within fifteen (15) days of the end of the applicable quarter. We will respond to your
relief request within thirty (30) days of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such
credit does not relieve us of our obligations under the Agreement to correct the problem which created
the service interruption.
Client Relief Schedule
Actual Attainment Client Relief
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably
low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will
provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that
activities during a Standard or Emergency Maintenance window may make the Tyler Software
unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be
unavailable during the maintenance window.
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Exhibit D
Third-Party Terms
Fire Prevention Mobile Terms. If applicable, your use of Tyler’s Fire Prevention Mobile solutions is subject
to the terms found here: https://www.tylertech.com/terms/fire-prevention-mobile-third-party-terms. By
signing a Tyler Agreement or Order Form, or accessing, installing, or using the Fire Prevention Mobile
solution, you agree that you have read, understood, and agree to such terms.
Twilio Acceptable Use Policy. Your use of the Tyler solutions listed below includes functionality provided
by a Third-Party Developer, Twilio. Your rights, and the rights of any of your end users, to use said
functionality are subject to the terms of the Twilio Acceptable Use Policy, available
at http://www.twilio.com/legal/aup. By signing a Tyler Agreement or Order Form, or accessing, installing,
or using any such Tyler solution, you certify that you have reviewed, understand, and agree to said terms.
Tyler hereby disclaims any and all liability related to your or your end user’s failure to abide by the terms
of the Twilio Acceptable Use Policy. Any liability for failure to abide by said terms shall rest solely with the
person or entity whose conduct violated said terms.
• Electronic Warrants
• Online Dispute Resolution
• Enterprise Justice Notifications Add On (text notifications)
• Absence & Substitute
• Notify
• Enterprise Jury Manager
• Enterprise Supervision
• Virtual Court
• Mobile/Mobility Suite
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.P.
Department: Rick Clark, Facilities Manager, Administration
ITEM DESCRIPTION
Change Order No. 1 with Hamburg Builders Group for Dorenkemper House bathroom addition.
REQUESTED ACTION
Move to: Approve Change Order No. 1 with Hamburg Builders Group in the amount of $161,847 for the
Dorenkemper House project.
SUMMARY
On April 7, 2026, City Council approved a Standard Construction Contract with Hamburg Builders Group
for Dorenkemper House improvements.
Since that award, staff revisited adding the bathroom addition back into the project. Hamburg Builders
Group has submitted Change Order No. 1 in the amount of $161,847 to add the bathroom addition back
into the project using the original drawings. If approved, the total contract amount will increase to
$349,552.
The added scope includes site and foundation work, framing, exterior facade and cedar shingle roofing,
historic finish restoration, restroom accessories and finishes, plumbing, HVAC, and electrical work
needed to complete the bathroom addition. This restores the project to a scope generally consistent
with the earlier full-scope concept that was previously bid.
This change order is approximately $50,000 less than the prior low bid received for the comparable full-
scope project.
ATTACHMENTS
Change Order No. 01
Authorized by:
Date: / /2026
CHANGE ORDER #01 Date: 5/15/2026
Hamburg Builders
Group
4530 Park Commons
Drive, Unit 212
St Louis Park, MN 55416
Owner City of Eden Prairie
8080 Mitchell Rd.
Eden Prairie, MN 55344
ATTN: Rick Clark
Leon Navarro
Todd Grover
Project
Location
Dorenkemper House
9090 Riley Lake Road
Eden Prairie, MN 55344
Job Number #: 16-007
Change in duration of project: Project Manager
56 Day(s) Alec Hamburg – 608.461.0378
CO Item # Description Line Total
STARTING CONTRACT VALUE: $187,705.00
2 Add of Dorenkemper House – Bathroom Addition, as shown from Drawings
10.27.2025, Omission of Current Approved Permit Drawings 3.11.26
1. See Separate Sheet for Added Scope:
$154,140
GC Added OH&P (5%) $7,707.00
SUBTOTAL: $161,847.00
Current Combined Change O r der (s) T ota l $161,847.00
Previous Approved Change Order Total $0.00
Contrac t Tota l Including Change Order (s)
$349,552.00
Submitted by: Alec Hamburg
Hamburg Builders Group
4530 Park Commons Drive, Unit 212
St Louis Park, MN 55416
CO-01 – Project 16-007 – Dorenkemper House
General Conditions:
1) We have included all the necessary general conditions to include the following:
a) Part-time site supervision and general labor
b) Continuous clean-up of the affected work area
c) Taxes, license, and insurance
d) Building permit allowance of $250, permit to be paid by GC, any overage(s) to be
covered by the owner.
e) Trade permits are included in specified divisions below.
f) Land Surveying is not included
g) Geotechnical reports are not included.
h) No SAC/WAC charges figured.
i) No material escalation figured in the quote.
j) No Prevailing Wages have been included for required labor positions.
k) No Modification to existing performance bond figured for the project.
Special Testing:
1) A $1,250 allowance has been carried out for required special inspections and testing
services observation, contract to be paid by owner. This covers site supervision for:
a. Independent third-party concrete testing (slump, air, cylinder breaks).
b. Reinforcement and anchor inspections prior to concrete placement.
c. Coordination, scheduling, and field support for testing agencies.
d. Administrative effort for documentation, distribution of test results, and closeout
compliance.
2) Any additional or unforeseen testing requirements beyond this allowance will be billed as
an extra to the Owner.
Demolition:
1) Furnish labor and material to remove the following items:
a) Keynotes 02.01, 02.02, and 02.03
b) See Alternate 1 scope included in Alternate Line 1
2) Furnish labor and material to salvage the following items:
a) Keynotes 02.04, 02.05, 02.07, and 02.08
b) Keynotes 06.03
c) Keynotes 08.01
3) Regular business hours are figured for demolition.
4) Provide dumpsters for legal hauling and disposal of construction-related debris.
Concrete/Masonry:
1) Strip footings for addition, 2'w x 10" deep w/2#5's Continuous doweled to existing footings
(No Stops or pads shown)
2) Small trailer pump placement included for pouring footing's
3) 8" CMU foundations for addition w/bond beam course at mid and top of wall per Note 3-
1/S200
4) CMU Foundations reinforced w/1#5-2'oc per note 3-1/S200
5) NO Below Grade foundation insulation included as not shown on plan (No waterproofing)
6) Install new opening approx. 4' wide x 52" High from new addition through existing
foundation wall for access, no access door figured.
7) ACMV Stone to close match existing manufactured stone veneer on existing foundation
CO-01 – Project 16-007 – Dorenkemper House
8) SOG for addition 4" w/6x6 W2.1 x W2.1 WWF per note 5-1/S200, Nat Grey, Sm Finish,
same day cure and seal applied
9) 6 MIL Vapor Barrier throughout directly below SOG, Next Day Saw Cuts (No Under slab
insulation included)
10) Does not include winter conditions.
11) Remove and dispose of excavation spoils and debris off-site.
12) No cost figured for unsuitable soil remediation, rock excavation, or dewatering unless
noted on the plans.
13) No Repairs figured for Chimney Stack(s)
Landscaping / Earthwork & Excavation:
Furnish and install the following:
1) Excavate new foundation footings and perimeter trenches, compact subgrade for
concrete/masonry.
2) Backfill and rough grade disturbed areas around the new addition upon completion of
foundation work.
3) Repair Grading & Grass Seed around areas of work
a) (1.5 Yards) Install of pulverized black soil
b) (5 lbs) Install Sun/Shade grass seed
c) (200 SF) Install erosion control blanket
d) (1) Box of staples
4) Downspout on East Side of New Addition
a) (1) Yard Excavate for Catch Basin & Drain Tile
b) Install & Compact /4” Rock Along Building
c) Install 12”x12” Catch Basin
d) (20LF) of 4” Solid Drain Tile
e) (1) Pop-up Emitter
f) (0.75 Yard) Backfill with pulverized Black Soil
g) (1 lb) Install sun/shade grass seed (as needed)
5) No cost figured for soil correction, rock removal, or off-site haul of contaminated material
beyond standard excavation spoils.
Structural Steel/Metals:
Furnish and install the following:
1) Provide (1) C8 x 11.5 Steel Channel Header w/bottom plate for Crawl Space Opening
Interior Millwork:
1) Reinstall salvaged interior wood trim for interior wainscot
2) Furnish and install new interior wood trim to match existing wainscot and trim profiles.
Exterior Façade:
1) Furnish and install new wood lap siding and wood trim matching existing profiles and
dimensions per Division 06 1000 – Rough Carpentry and Division 09 90320 – Historic
Treatment of Plaster & Paint for exterior finish standards.
2) Prime and paint all exterior siding and trim with two finish coats of exterior acrylic latex
paint.
3) Include all required flashing, caulking, and joint sealants for a complete weather-tight
assembly.
CO-01 – Project 16-007 – Dorenkemper House
4) No cement-board or composite materials included unless directed in writing by Architect.
5) Furnish and install specified rigid insulation at wall assemblies.
6) Furnish and install metal flashing, drip edges, trim, and accessories as required for a
complete system.
7) Sealants, fasteners, and weather-resistive barrier are included as part of the siding scope.
8) No cost figured for existing wall upgrades or unforeseen substrate repairs unless noted on
the plans.
Roofing:
1) Furnish and install cedar wood shingles over existing plywood roof sheathing per Division
07 73129 – Wood Shingles.
a) Includes repair of 2 sheets of substrate, if required.
2) Includes felt underlayment, stainless or copper nails, and all required flashings and ridge
caps.
3) Provide ice-and-water shield at eaves, valleys, and penetrations.
4) No cost figured for repairs beyond plan details.
5) No repairs figured for Chimney Stacks
Doors, Frames & Hardware:
1) Furnish and install (2) 4 panel doors with solid-core, paint-grade or stain-grade as shown.
2) Install new wood door frames and casing to match similarly to existing profiles and trim
conditions
3) Provide hardware sets per Division 08 7100 – Door Hardware, including hinges, latches,
closers, stops, and thresholds.
4) Finish hardware in antique bronze or brushed nickel as approved by Architect.
Rough Carpentry/Drywall:
1) Provide patching at demo scar areas
2) Construct new exterior partitions as depicted within the plan drawings.
a) Furnish and install 5/8” GWB on the interior side of space
3) Construct a new roofing joist using 2x SPF lumber as depicted within the plan drawings.
4) Construct a new floor system using 2x SPF lumber as depicted within the plan drawings.
a) Green treated material to be used if found to be in contact with exposed
ground/grade.
i) Indirect contact points (i.e, attached framing member to ground contact framing
members) are figured with SPF.
b) Install necessary in-wall backing.
5) No cost figured for upgrading existing walls for fire code or topping off unless noted on the
plans.
Flooring & Base:
1) Furnish and install new 3/4” tongue-and-groove wood flooring to match the species,
width, and finish of the adjacent historic flooring.
2) Sand, stain, and finish all new flooring uniform sheen consistent with the existing house.
3) Patch transitions between new and existing flooring with feathered wood infill.
4) Provide new wood baseboard trim to match existing profiles where disturbed.
5) No carpet, tile, or resilient flooring included unless otherwise directed by Addendum.
CO-01 – Project 16-007 – Dorenkemper House
Wall Finishes:
1) Patch and repair existing plaster where disturbed; skim coat and finish to match adjacent
surfaces.
2) Apply one coat of primer and two coats of low-VOC interior latex paint on new gypsum
walls and ceilings.
3) Refinish existing and new interior wood trim to match existing color
4) Paint new door and window casings where applicable; color and sheen per Architect’s
direction.
Tile:
1) Furnish and install ceramic floor tile and base in the new restroom addition per plan and
specifications.
2) Provide thinset mortar, grout, and waterproofing membrane as required for a complete
system.
3) Include wall tile at wet areas to height and pattern indicated on drawings.
4) Install metal edge trims and sealant joints where tiles meet dissimilar materials.
Specialties:
1) Signage:
a) (1) ADA Unisex Restroom Sign Figured
2) Fire Extinguishers:
a) N/A. Existing fire extinguishers to remain as is or be updated by the Owner.
3) Bathroom Accessories
a) Provide grab bars, mirror, paper towel dispenser, and toilet paper holder per drawing
layout.
Plumbing:
1) Furnish and install new plumbing per plans and specifications.
a) Provide new domestic hot and cold-water lines, waste, and vent piping for restroom
addition.
b) Install new fixtures including water closet, lavatory, and accessories.
c) Connect to existing water and waste lines as shown.
2) Test and inspect all new piping systems prior to closeout.
3) No allowance for relocation of existing underground piping beyond plan scope.
4) No scoping or jetting of lines included.
Fire Protection:
1) No Fire Protection is figured within the scope of work.
HVAC:
1) Furnish and install a new forced-air heating and cooling system per plan.
a) Provide 66,000 BTU gas furnace (80% AFUE) with matching evaporator coil and
refrigerant lines.
b) Install new ductwork, registers, and returns to serve the addition.
c) Insulate and seal all ducts per code.
CO-01 – Project 16-007 – Dorenkemper House
d) Connect to existing gas and electrical services as required.
e) Startup, testing, and balancing included.
2) Remove and dispose of existing furnace and ductwork as required.
3) No cost figured for condenser relocation or new pad unless shown on plan.
Electrical:
1) Disconnect and remove existing wiring within demolition areas as required.
2) Furnish and install new lighting and power systems per plan.
a) Install 2×2 and 2×4 lighting fixtures, (1) exit sign, and (2) three-way dimmable switch
controls.
b) Provide (3) quadplex general-duty receptacles and (4) Type B light fixtures.
c) All wiring in EMT or MC cable per NEC.
3) Include new subpanel connection for addition.
4) Permit and inspection fees included.
5) No generator, fire alarm, or low-voltage systems are included.
6) Permit included.
Low Voltage:
1) No Low Voltage is figured within the scope of work
Division Quantity Cost Per Unit Total
General Conditions 1 $11,250 $11,250
Landscaping 1 $8,000 $8,000
Special Testing 1 $1,250 $1,250
Demolition 1 $7,550 $7,550
Civil / Excavation 1 $14,250 $14,250
Concrete/Masonry 1 $12,200 $12,200
Structural Steel/Metal Panels 1 $950 $950
Rough Carpentry 1 $14,775 $14,775
Millwork 1 $4,000 $4,000
Doors, Frames & Hardware 1 $4,250 $4,250
Roofing 1 $7,394 $7,394
Glass & Glazing 1 $3,890 $3,890
Exterior Façade 1 $8,890 $8,890
Drywall 1 $6,800 $6,800
Insulation 1 $1,750 $1,750
Tile 1 $7,500 $7,500
Flooring & Base 1 $4,800 $4,800
Wall Finishes 1 $3,150 $3,150
Specialties - Signage 1 $350 $350
Specialties - Restroom Accessories 1 $1,850 $1,850
Plumbing 1 $13,800 $13,800
HVAC 1 $4,900 $4,900
Electrical 1 $10,341 $10,341
Building Permit 1 $250 $250
CO-01 – Project 16-007 – Dorenkemper House
Sub Total $154,140
Construction Fee - % 5% $7,707
TOTAL FOR ALTERNATE $161,847
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.Q.
Department: Public Works/Utilities – Andy Allmann Field Operations Supervisor
ITEM DESCRIPTION
Reauthorize Contract to SJE, Inc. for Constructing a New Electrical Control Panel for the
Bearpath Lift Station.
REQUESTED ACTION
Move to: Reauthorize Contract for the Construction of a new Control Panel for Sanitary Sewer
Lift Station No. 16 at 18488 Bearpath Trail to SJE, Inc. for a Total Price of $64,294.00.
SUMMARY
The City of Eden Prairie Utilities Division solicited quotes from two electrical panel builders for a
new control panel constructed to the City’s standard specification required for the rehabilitation
of Lift Station No. 16 at 18488 Bearpath Trail. Quotes were received from Primex (a subsidiary of
SJE, Inc.) and from Integrated Process Solutions (IPS), Inc. The lowest quote of $64,294.00 was
offered by Primex (SJE). On April 21, 2026, the City Council approved the purchase of the
control panel from Primex (SJE). This action today reauthorizes the contract to SJE, Inc. rather
than Primex to clarify any confusion between the two business names, and includes a modified
provision on timing of contractor payments. This new contract will supersede the contract
awarded to Primex (SJE) at the April 21, 2026, City Council meeting.
Each year Eden Prairie Utilities has planned a major rehabilitation of one of our 22 sanitary
sewer lift stations. The purchase of the control panel directly by the city rather than including it
in the construction contract has sped-up the acquisition timeline at a considerable cost savings.
The source of funding for this project is already planned in the wastewater utility enterprise
capital fund.
ATTACHMENTS
Contract
(rev. 4/2026)
Contract for Goods and Services
This Contract for Goods and Services (“Contract”) is made on the _19th_day of_May_, 20_26_,
between the City of Eden Prairie, Minnesota (“City”), whose business address is 8080 Mitchell
Road, Eden Prairie, MN 55344, and _SJE, Inc._, a Minnesota _corporation_, (“Vendor”) whose
business address is _13005 16th Ave. N., Suite 100, Plymouth, MN 55441_.
.
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 _building and providing the specified control panel for Lift Station No. 16
at 18488 Bearpath Trail and providing startup services_, 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 will not be in effect in any
manner.
2. Term of Contract. All Work under this Contract must be provided, performed and/or
completed by _December 31, 2026_.
3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $_64,294_ 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 will prepare and submit to City, on a monthly basis, itemized
invoices setting forth work performed under this Contract. Invoices submitted will 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. Payments are due to the Vendor within thirty (30) days
of receipt of correct invoice. Amounts not paid when due shall accrue interest at a rate of
1.5% per month or the maximum allowed by law, whichever is less.
5. Staffing. The Vendor has designated _Shaun Girard_to perform the Work. They will be
assisted by other staff members as necessary to facilitate the completion of the Work in
Standard Contract for Goods and Services (rev. 4/2026)
Page 2 of 10
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]
6. Standard of Care. Vendor must 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 must 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 must provide City with a Certificate of
Insurance verifying insurance coverage before providing service to the City.
b. Worker's Compensation. Vendor must 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 must maintain comprehensive
automobile liability insurance with a $1,000,000 combined single limit each accident
(must 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 will be in accord with the Contract and will 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
Vendor’s warranty are not the City’s exclusive remedy. The City will have all other remedies
available under this Contract, at law or in equity.
10. Termination. This Contract may be terminated by either party upon 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 will be paid for services
rendered until the effective date of termination.
Standard Contract for Goods and Services (rev. 4/2026)
Page 3 of 10
11. Independent Contractor. At all times and for all purposes, the Vendor is an independent
contractor and not an employee of the City. No statement herein may be construed so as to
find the Vendor an employee of the City.
12. Subcontract or Assignment. Vendor may 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. ADA Title II Compliance for Digital Content. The following provisions apply only to the
extent Vendor’s obligations under this Agreement require it to produce content that will be
posted on the City’s website or digital apps.
a. Compliance with Accessibility Laws. Vendor must ensure that all digital content,
documents, materials, deliverables, and services produced under this Agreement
that are intended for publication on, or integration with, the City’s public-facing
website (collectively, “Digital Content”) comply with all applicable federal, state, and
local accessibility laws and regulations, including, but not limited to, the Americans
with Disabilities Act (ADA), Title II, and its implementing regulations (28 C.F.R. Part
35).
b. Accessibility Standards. At a minimum, all Digital Content must conform to the Web
Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent version
adopted by the City or required by applicable law. This includes, but is not limited to,
content such as documents, images, videos, audio, maps, and interactive features.
c. Maps and Non-Accessible Content. To the extent Vendor produces map-based, GIS,
or other inherently visual or technically constrained content that cannot be made
fully accessible, Contractor must:
i. notify the City in writing in advance;
ii. provide a detailed explanation of the accessibility limitations; and
iii. supply equivalent alternative formats, data, or descriptions sufficient to
enable the City to provide meaningful access to individuals with disabilities in
compliance with ADA Title II.
General Terms And Conditions
14. Assignment. Neither party may assign this Contract, nor any interest arising under this
Contract, without the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services under this Contract, the
Vendor must abide by statutes, ordinances, rules, and regulations pertaining to the services
to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to
Standard Contract for Goods and Services (rev. 4/2026)
Page 4 of 10
the services will 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 may 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 will
be considered an original.
18. Damages. In the event of a breach of this Contract by either party, the non-breaching party
will not be entitled to recover punitive, special, or consequential damages or damages for
loss of business.
19. Enforcement. The Vendor will reimburse the City for all costs and expenses incurred by the
City in enforcing any of its rights or remedies under this Contract, whether during the term
of this Contract or thereafter, including, without limitation, reasonable attorneys’ fees.
20. Entire Contract, Construction, Application, and Interpretation. This Contract is entered into
in furtherance of the City’s public purpose mission and must be construed, interpreted, and
applied in accordance with that mission. This Contract constitutes the entire agreement
between the parties and supersedes all prior and contemporaneous oral or written
agreements, negotiations, and understandings relating to its subject matter. Any
amendment, modification, deletion, or waiver of any provision of this Contract will be
effective only if set forth in a written document signed by both parties, unless otherwise
expressly provided herein.
21. Governing Law. This Contract will be governed by the laws of the State of Minnesota.
22. Non-Discrimination. During the performance of this Contract, the Vendor must not
discriminate against any employee or applicant for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation, gender identity, or age. The Vendor must post in places
available to employees and applicants for employment notices setting forth the provision of
this nondiscrimination clause and stating that all qualified applicants will receive
consideration for employment. The Vendor must incorporate the foregoing requirements of
this paragraph in all its subcontracts for Work under this Contract, and must require all of its
subcontractors for such work to incorporate such requirements in all sub-subcontracts for
Work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights
Act, Minnesota Statutes Chapter 363A, Title VI of the Civil Rights Act of 1964, and the
Americans with Disabilities Act of 1990.
23. 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
Standard Contract for Goods and Services (rev. 4/2026)
Page 5 of 10
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
one hereof. Notices will be deemed effective on the earlier of the date of receipt or the
date of mailing or deposit, provided, however, that if notice is given by mail or deposit, that
the time for response to any notice by the other party will 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 specified
above, 10 days prior to the effective date of such change.
24. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder are in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.
25. Services Not Provided For. No claim for services furnished by the Vendor not specifically
provided for under this Contract will be honored by the City.
26. Severability. If any provision of this Agreement is held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, such determination will not affect the
validity or enforceability of the remaining provisions of this Agreement. The parties intend
that this Agreement be enforced to the fullest extent permitted under Minnesota law, and
any invalid, illegal, or unenforceable provision be deemed modified to the minimum extent
necessary to make it valid and enforceable, consistent with the parties’ original intent.
27. Statutory Provisions.
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Vendor or other
parties relevant to this Contract are subject to examination by the City and either
the Legislative Auditor or the State Auditor for a period of six (6) years after the
effective date of this Contract. This provision will survive the completion or
termination of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Vendor under this Contract which the City requests to be kept
confidential, must 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 will comply with those requirements as if it were a government
entity. All subcontracts entered into by Vendor in relation to this Contract must
Standard Contract for Goods and Services (rev. 4/2026)
Page 6 of 10
contain similar MGDPA compliance language. These obligations will survive the
completion or termination of the Contract.
28. Waiver. Any waiver by either party of a breach of any provisions of this Contract will not
affect, in any respect, the validity of the remainder of this Contract.
Standard Contract for Goods and Services (rev. 4/2026)
Page 7 of 10
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________
Mayor
___________________________________
City Manager
VENDOR
By: ________________________________
Its: _______________________________ Ana Bashi - CFO
PROPOSAL
TEL: (844) 477-4639
www.primexcontrols.com
SJE Confidential Information. Valid for 30 days.Generated on Thu March 19, 2026 - 04:26 PM UTC
Proposal# 2026180204
Scope
3/19/2026, 2:00 PM2026180204AE2S - Sioux Falls, SDEden Prairie, MN - Bearpath LS Rehab
Due/Bid DateProposal#CustomerName
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Our proposal references the following specification sections and includes those items as described in the subsequent Bill of
Materials.
Section 406313 - Process Control Panels and Hardware
Section 406343 - Programmable Logic Controllers
Section 406653 - Radio and Telemetry Equipment
PRIMEX acknowledges no addendum.
BILL OF MATERIAL
Control Panels
Bearpath Lift Station Control Panel, Duplex, 208 VAC, 3 Ph, 10 HP
UL Type 3R 304 Stainless Steel Enclosure
Two Door
18" Legs with Louvered Skirts
Top Sunshield
Inner Doors
3-Point Latch
Worklight with Switches
Ventilation
UL 698A Intrinsic Safety Label
Surge Protection Device
Main Circuit Breaker
Emergency Main Circuit Breaker with Mechanical Interlock
Generator Receptacle
Phase Monitor
Schneider Variable Frequency Drives
Pump Circuit Breaker
Inner Door Mounted HIM Module
Circuit Breakers
Site Light
GFI
Heater
Ventilation
Control Power
GFI Receptacle
Heater with Thermostat
UPS
DC Power Supply
Pilot Devices
HOA Switches
Reset Pushbuttons
Elapsed Time Meters
Flood Light On/Off Switch
Pilot Lights
Run
Exhibit A: Scope of Work
Proposal
SJE Confidential Information. Valid
for 30 days.
Generated on Thu March 19, 2026
- 04:26 PM UTC
Proposal# 2026180204
1. 1.
15.
2.
3.
4.
16.
1.
2.
3.
17.
1.
18.
19.
20.
1.
2.
3.
4.
2.
1.
2.
3.
4.
3.
1.
2.
4.
1.
2.
3.
4.
5.
6.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
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15.
16.
17.
18.
Seal Fail
Over Temp
Alarm Active
Allen Bradley CompactLogix PLC
CPU
Discrete I/O
Analog I/O
Allen Bradley PanelView Plus 7 Operator Interface Terminal (OIT)
10" Color Touchscreen
Ethernet Switch
Intrinsic Safety Barriers
Radio Modem
Yagi Antenna
75' Antenna Cable
Antenna Cable Bulkhead Lightning Arrestor
Cable Connectors
Spare Parts
Quantity One (1) PLC Power Supply
Quantity One (1) PLC CPU
Quantity One (1) I/O Module per Type Utilized
Lot Fuses and Lamps
Instrumentation
Quantity Two (2) Float Switches with Anchor Kit
Quantity One (1) Submersible Level Transmitter
Services
Engineering
Drafting
Documentation
Startup and Commissioning
Warranty, 1 year or as specified
Freight (FOB Shipping Point)
NOTE: Customer Supplied Parts – Our scheduling team will issue a zero-cost PO for the parts approximately 14 days prior
to the beginning of panel manufacturing. This change will not affect ship date and will help the factory maintain the inventory
with customer-supplied parts. Please do not ship customer-supplied parts to the factory until you have received the
zero-cost PO from us with shipment instructions.
Items specifically not included in this proposal
Pump Protection Modules (Primex will Mount and Wire)
PLC Programming
OIT Programming
SCADA Programming
Utility Power Meter and Socket
200A Main Panel Service Entrance Circuit Breaker in N4X SS Enclosure
Antenna Mast and Antenna Mounting
Radar Level Transducer - Submersible Level Transducer is Proposed Instead (Drawing E701 illustrates using
Submersible)
Sales or use tax
Liquidated Damages of any kind
Installation of equipment and job site labor other than as specified
Receiving and storage of equipment on the job site
Installation materials, brackets, wire, clamps, piping, junction boxes, etc., not specifically described in our material list
Performance, payment, or equipment bond of any kind
Installation of any instruments
Field Terminations
Mounting of any control panels or hardware
Exhibit A: Scope of Work
Proposal
SJE Confidential Information. Valid
for 30 days.
Generated on Thu March 19, 2026
- 04:26 PM UTC
Proposal# 2026180204
18.
19.
20.
21.
22.
23.
24.
25.
26.
Mounting stands, brackets, channel strut or field assemblies of any kind.
Permits or Bonding
Fiber optic cable, connectors, patch panels, termination and/or testing
Electrical testing servicesSolenoids and pressure switches are by others
Flow meter spare spools and flange gaskets
Local control panels, unless specifically listed on this scope of work
Field Instrumentation, unless specifically listed on this scope of work
SJE's sole obligation shall be the provision of those items specified within the "included" items listed above. The lack
of an explicit exclusion does not imply inclusion
Proposal Amount $ 64,294.00 USD
Freight Terms: FOB Origin, Freight Prepaid
Respectfully submitted by,
Shaun Girard
Business Development Manager
shaun.girard@sjeinc.com
Exhibit A: Scope of Work
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.R.
Department: Public Works/Engineering - Jennifer Fierce, Sustainability Coordinator
ITEM DESCRIPTION
Professional services agreement to update City’s existing climate action plan and develop a
climate vulnerability analysis, adaptation strategies, and five-year priority implementation plan.
REQUESTED ACTION
Move to: Approve Professional Services Agreement with LHB, Inc. for Climate Action and
Adaptation Plan update in the amount of $91,692.
SUMMARY
Eden Prairie’s Climate Action Plan was adopted in early 2020. Since that time, there have been
many changes in national, state, and county policies related to energy use, transportation, and
waste management. The City is also starting the process of updating its comprehensive plan.
The Met Council has new required elements for cities around climate mitigation and climate
resilience/adaptation included in the 2050 update. As such, it is an appropriate time to update
the existing climate action plan and complete the city’s first climate adaptation plan. This will
include completing a climate vulnerability analysis to identify the people and places in Eden
Prairie most vulnerable to negative impacts from excessive heat, flooding, and poor air quality.
The plan will also identify strategies to equitably address those concerns and create a five-year
priority implementation plan for both emissions’ reduction and adaptation strategies. This
information will then be used to meet the comprehensive plan requirements along with guiding
the work of the Sustainability Commission.
To offset some of the costs of this update, staff secured grant from the MN Pollution Control
Agency’s Local Climate Action Grants program for $36,500. The remainder of costs are covered
through the sustainability budget.
ATTACHMENTS
Attachment 1 – Standard Agreement for Professional Services
(rev. 4/2026)
Standard Agreement for Professional Services
This Agreement for Professional Services (“Agreement”) is made on this 16th day of June, 2026,
between the City of Eden Prairie, Minnesota, a municipal corporation (“City”), whose business
address is 8080 Mitchell Road, Eden Prairie, MN 55344, and LHB, Inc., a Minnesota corporation
(“Consultant”) whose business address is 701 Washington Avenue North, Suite 200,
Minneapolis, MN 55401.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose
of this Agreement is to set forth the terms and conditions for the provision of professional
services by Consultant for a Climate Action and Adaptation Plan, hereinafter referred to as the
“Work.”
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A (Scope of Services ) in connection with the Work. Exhibit A is intended to be
the scope of service for the work of the Consultant. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a
part of Exhibit A are declined in full and, accordingly, are deleted and will not be in
effect in any manner.
2. Term. The term of this Agreement will be from June 16, 2026 through June 1, 2027 the
date of signature by the parties notwithstanding. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
3. Grant Contingency. The parties agree and acknowledge that this Contract is expressly
contingent on the City’s receipt of a grant from the State of Minnesota through the
Local Climate Action Planning Grant program. If the City does not receive grant funding
from the State for any reason, the City may, in its sole discretion, terminate this
Contract before Consultant begins the Work.
4. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $91,692 for the services as described in
Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant will require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
Page 2 of 13 (rev. 4/2026)
additional compensation for services that do not have prior written
authorization.
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by
the City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God,
governmental actions, actions of a third party, or actions or inactions of City, the
time for performance will be extended by a period of time lost by reason of the
delay. Consultant will be entitled to payment for its reasonable additional
charges, if any, due to the delay.
5. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City will obtain access to and make all provisions for the
Consultant to enter upon public and private lands or property as required for the
Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant’s Work. The City will give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and will inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City will furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may
be required in the preparation of the Work for the Project.
d. City’s Representative. The City will appoint a representative with respect to the
work to be performed under this Agreement. The City representative will have
complete authority to transmit instructions, receive information, interpret, and
define the City’s policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by
this Agreement.
6. Method of Payment. The Consultant will submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted will be paid in the same manner as other claims made to the City for:
Page 3 of 13 (rev. 4/2026)
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant must
indicate for each employee, his or her name, job title, the number of hours
worked, rate of pay for each employee, a computation of amounts due for each
employee, and the total amount due for each project task. Consultant must
verify all statements submitted for payment in compliance with Minnesota
Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for
in Exhibit A, the Consultant must provide an itemized listing and such
documentation as reasonably required by the City. Each invoice must contain the
City’s project number and a progress summary showing the original (or
amended) amount of the contract, current billing, past payments, and
unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in
whole or in part by the City, the Consultant will be paid for any services set forth
on Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items only when
authorized in writing by the City.
d. Claims. By making the claim for payment, the person making the claim is
declaring that the account, claim, or demand is just and correct and that no part
of it has been paid.
7. Project Manager and Staffing. The Consultant must designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on
the Project. The Project Manager will be assisted by other staff members as necessary
to facilitate the completion of the Work in accordance with the terms established
herein. Consultant may not remove or replace the Project Manager without the
approval of the City, which shall not be unreasonably withheld.
8. Standard of Care. Consultant must exercise the same degree of care, skill, and diligence
in the performance of its services as is ordinarily exercised by members of the
profession under similar circumstances in Hennepin County, Minnesota. Consultant will
be liable to the fullest extent permitted under applicable law, without limitation, for any
injuries, loss, or damages proximately caused by Consultant’s breach of this standard of
care. Consultant must put forth reasonable efforts to complete its duties in a timely
manner. Consultant will not be responsible for delays caused by factors beyond its
control or that could not be reasonably foreseen at the time of execution of this
Contract. Consultant will be responsible for costs, delays or damages arising from
negligent delays in the performance of its duties.
9. Termination. This Agreement may be terminated by either party upon seven (7) days’
written notice delivered to the other party at the address written above. Upon
Page 4 of 13 (rev. 4/2026)
termination, if there is no fault of the Consultant, the Consultant will be paid for services
rendered and reimbursable expenses until the effective date of termination. If the City
terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, Consultant shall be paid for undisputed services rendered until the
effective date of termination and disputes will be resolved in accordance with the terms
of this Agreement.
10. Subcontractor. The Consultant may not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express
written consent of the City. The Consultant must pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant’s receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant must pay
interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per
month or any part of a month. The minimum monthly interest penalty payment for an
unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the
Consultant must pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the
Consultant will be awarded its costs and disbursements, including attorney’s fees,
incurred in bringing the action.
11. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it
deems necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who will be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) will have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No
statement herein may be construed so as to find the Consultant an employee of the
City.
12. Insurance.
a. General Liability. Prior to starting the Work, Consultant must procure, maintain,
and pay for such insurance as will protect against claims or loss which may arise
out of operations by Consultant or by any subcontractor or by anyone employed
by any of them or by anyone for whose acts any of them may be liable. Such
insurance must include, but not be limited to, minimum coverages and limits of
liability specified in this paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance
meeting all the requirements of this paragraph, and Consultant must include in
its contract with subcontractors the requirement that the City be listed as an
additional insured on insurance required from subcontractors. In such case, prior
Page 5 of 13 (rev. 4/2026)
to a subcontractor performing any Work covered by this Agreement, Consultant
must: (i) provide the City with a certificate of insurance issued by the
subcontractor’s insurance agent indicating that the City is an additional insured
on the subcontractor’s insurance policy; and (ii) submit to the City a copy of
Consultant’s agreement with the subcontractor for purposes of the City’s review
of compliance with the requirements of this paragraph.
c. Consultant must procure and maintain the following minimum insurance
coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy must be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance
must cover liability arising from premises, operations, independent contractors,
products-completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract). There may be no endorsement or modification
of the Commercial General Liability form arising from pollution, explosion,
collapse, underground property damage, or work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above,
Consultant must maintain a professional liability insurance policy in the amount
of $2,000,000. Said policy need not name the City as an additional insured.
Page 6 of 13 (rev. 4/2026)
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is
not available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, must name the “City of Eden Prairie” as an
additional insured including products and completed operations.
h. All policies, except the Professional Liability Policy, must apply on a “per project”
basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
must contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, must be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy and the Professional
Liability Policy, must insure the defense and indemnity obligations assumed by
Consultant under this Agreement. The Professional Liability policy must insure
the indemnity obligations assumed by Consultant under this Agreement except
with respect to the liability for loss or damage resulting from the negligence or
fault of anyone other than the Consultant or others for whom the Consultant is
legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term
of the Agreement and for a minimum of two (2) years following City’s written
acceptance of the Work.
m. It is Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies must contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications
added, without thirty (30) days’ prior notice to the City, except that if the
cancellation or non-renewal is due to non-payment, the coverages may not be
terminated or non-renewed without ten (10) days’ prior notice to the City.
o. Consultant must maintain in effect all insurance coverages required under this
paragraph at Consultant’s sole expense and with insurance companies licensed
to do business in the state in Minnesota and having a current A.M. Best rating of
no less than A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this paragraph must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance
Page 7 of 13 (rev. 4/2026)
declaration page, rider, and/or endorsement, as applicable must be provided.
Such documents evidencing Insurance must be in a form acceptable to City and
must provide satisfactory evidence that Consultant has complied with all
insurance requirements. Renewal certificates must be provided to City prior to
the expiration date of any of the required policies. City will not be obligated,
however, to review such Certificate of Insurance declaration page, rider,
endorsement or certificates or other evidence of insurance, or to advise
Consultant of any deficiencies in such documents and receipt thereof will not
relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine
any policy provided for under this paragraph.
q. If Consultant fails to provide the specified insurance, then Consultant will defend,
indemnify, and hold harmless the City, the City's officials, agents and employees
from any loss, claim, liability, and expense (including reasonable attorney's fees
and expenses) to the extent necessary to afford the same protection as would
have been provided by the specified insurance. Except to the extent prohibited by
law, this indemnity applies regardless of any strict liability or negligence
attributable to the City (including sole negligence) and regardless of the extent to
which the underlying occurrence (i.e., the event giving rise to a claim which would
have been covered by the specified insurance) is attributable to the negligent or
otherwise wrongful act or omission (including breach of contract) of Consultant,
its subcontractors, agents, employees or delegates. Consultant agrees that this
indemnity will be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity,
then the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all
applicable statutes of limitation have run.
r. If a claim arises within the scope of the stated indemnity, the City may require
Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant’s insurance company.
Consultant will take the action required by the City within fifteen (15) days of
receiving notice from the City.
13. Indemnification. Consultant will 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 caused by any breach of this Agreement by Consultant, its
Page 8 of 13 (rev. 4/2026)
agents, contractors and employees, or any negligent act or omission performed, taken
or not performed or taken by Consultant, its agents, contractors and employees, relative
to this Agreement. City will indemnify and hold Consultant harmless from any
judgements, claims, costs and expenses, injuries or damages, including reasonable
attorney’s fees caused by the negligent acts of the City, its officers, agents or
employees.
14. Ownership of Documents. All plans, diagrams, analyses, reports and information
designated as a Deliverable in Exhibit A (“Information”) shall become the property of
the City, upon full and final payment to the Consultant and Consultant may retain copies
of such documents as records of the services provided. The City may use the
Information for its purposes and the Consultant also may use the Information for its
purposes. Use of the Information for the purposes of the project contemplated by this
Agreement (“Project”) does not relieve any liability on the part of the Consultant, but
any use of the Information by the City or the Consultant beyond the scope of the Project
is without liability to the other, and the party using the Information agrees to indemnify
the other from any claims or liability resulting therefrom. It is recognized and
understood that the existing copyrights, inventions, technologies and other intellectual
property of Consultant are Consultant’s separate property, and are not affected by this
Agreement. The City shall not have any claims to or rights in such intellectual property
of the Consultant.
15. ADA Title II Compliance for Digital Content. The following provisions apply only to the
extent Consultant’s obligations under this Agreement require it to produce content that
will be posted on the City’s website or digital apps.
a. Compliance with Accessibility Laws. Consultant must ensure that all digital
content, documents, materials, deliverables, and services produced under this
Agreement that are intended for publication on, or integration with, the City’s
public-facing website (collectively, “Digital Content”) comply with all applicable
federal, state, and local accessibility laws and regulations, including, but not
limited to, the Americans with Disabilities Act (ADA), Title II, and its
implementing regulations (28 C.F.R. Part 35).
b. Accessibility Standards. At a minimum, all Digital Content must conform to the
Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent
version adopted by the City or required by applicable law. This includes, but is
not limited to, content such as documents, images, videos, audio, maps, and
interactive features.
c. Maps and Non-Accessible Content. To the extent Consultant produces map-
based, GIS, or other inherently visual or technically constrained content that
cannot be made fully accessible, Consultant must:
i. notify the City in writing in advance;
Page 9 of 13 (rev. 4/2026)
ii. provide a detailed explanation of the accessibility limitations; and
iii. supply equivalent alternative formats, data, or descriptions sufficient to
enable the City to provide meaningful access to individuals with disabilities in
compliance with ADA Title II.
16. Mediation. Each dispute, claim or controversy arising from or related to this Agreement
is subject to mediation as a condition precedent to the initiation of any legal or
equitable proceeding by either party. The mediator will be selected by mutual
agreement of the parties, and the costs of mediation will be shared equally. Unless
otherwise agreed in writing, mediation will be held in the City of Eden Prairie. Any
resolution reached through mediation must be documented in a written mediated
settlement agreement, which will be binding on the parties and enforceable in any court
of competent jurisdiction.
General Terms And Conditions
17. Assignment. Neither party may assign this Agreement, nor any interest arising under
this Agreement, without the written consent of the other party.
18. Compliance with Laws and Regulations. In providing services under this Agreement, the
Consultant shall endeavor to comply by statutes, ordinances, rules, and regulations
pertaining to the services to be provided. Any violation of statutes, ordinances, rules,
and regulations pertaining to the services will constitute a material breach of this
Agreement and entitle the City to immediately terminate this Agreement.
19. Conflicts. No salaried officer or employee of the City and no member of the City Council
may have a financial interest, direct or indirect, in this Agreement. The violation of this
provision renders the Agreement void.
20. Counterparts. This Agreement may be executed in multiple counterparts, each of which
will be considered an original.
21. Damages. Neither party shall be entitled to recover punitive, special, or consequential
damages or damages for loss of business.
22. Entire Agreement, Construction, Application, and Interpretation. This Agreement is
entered into in furtherance of the City’s public purpose mission and must be construed,
interpreted, and applied in accordance with that mission. This Agreement constitutes
the entire agreement between the parties and supersedes all prior and
contemporaneous oral or written agreements, negotiations, and understandings
relating to its subject matter. Any amendment, modification, deletion, or waiver of any
provision of this Agreement will be effective only if set forth in a written document
signed by both parties, unless otherwise expressly provided herein.
Page 10 of 13 (rev. 4/2026)
23. Governing Law. This Agreement will be governed by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant must
not discriminate against any employee or applicant for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation, gender identity, or age. The Consultant must
post in places available to employees and applicants for employment notices setting
forth the provision of this non-discrimination clause and stating that all qualified
applicants will receive consideration for employment. The Consultant must incorporate
the foregoing requirements of this paragraph in all its subcontracts for Work under this
Agreement, and must require all of its subcontractors for such work to incorporate such
requirements in all sub-subcontracts for Work. The Consultant further agrees to comply
with all aspects of the Minnesota Human Rights Act, Minnesota Statutes Chapter 363A,
Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given
in accordance with this Agreement if it is directed to either party by delivering it
personally to an officer of the party, or if mailed in a sealed wrapper by United States
registered or certified mail, return receipt requested, postage prepaid, or if deposited
cost paid with a nationally recognized, reputable overnight courier, properly addressed
to the address listed on page 1 hereof. Notices will be deemed effective on the earlier
of the date of receipt or the date of mailing or deposit, provided, however, that if notice
is given by mail or deposit, that the time for response to any notice by the other party
will 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 specified above, 10 days prior to the effective date of
such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder are in addition to and not a limitation of any
duties, obligations, rights, and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for under this Agreement will be honored by the City.
28. Severability. If any provision of this Agreement is held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, such determination will not affect
the validity or enforceability of the remaining provisions of this Agreement. The parties
intend that this Agreement be enforced to the fullest extent permitted under Minnesota
law, and any invalid, illegal, or unenforceable provision be deemed modified to the
minimum extent necessary to make it valid and enforceable, consistent with the parties’
original intent.
29. Statutory Provisions.
Page 11 of 13 (rev. 4/2026)
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Consultant
or other parties relevant to this Agreement are subject to examination by the
City and either the Legislative Auditor or the State Auditor for a period of six (6)
years after the effective date of this Agreement. This provision will survive the
completion or termination of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Consultant under this Agreement which the City
requests to be kept confidential, must not be made available to any individual or
organization without the City's prior written approval. This Agreement is subject
to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter
13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent
this Agreement requires Consultant 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 Consultant in
performing any of the functions of the City during performance of this
Agreement is subject to the requirements of the MGDPA and Consultant will
comply with those requirements as if it were a government entity. All
subcontracts entered into by Consultant in relation to this Agreement must
contain similar MGDPA compliance language. These obligations will survive the
completion or termination of the Agreement.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement will
not affect, in any respect, the validity of the remainder of this Agreement.
Page 12 of 13 (rev. 4/2026)
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
___________________________________
Mayor
___________________________________
City Manager
CONSULTANT
By: ________________________________
Its: _________________________________
Page 13 of 13 (rev. 4/2026)
EXHIBIT A
Quote/Proposal/Scope of Services
Task 1 Project Management 8,728$
1.1 Project launch and coordination 3,675$
1.2 Regular updates with City's Project Manager (up to 24 1/2-
hour virtual meetings)
3,675$
1.3 Reporting and invoicing 1,378$
Deliverables: Finalized scope, budget, schedule; meeting
agendas & minutes; invoices
subtotal
Task 2 Existing Conditions Assessment 39,347$
2.1 Review existing programs, policies, data, and reports 12,088$ subtotal
Review existing programs, policies, and reports, identify gaps
in current city efforts
12,088$
Deliverables: 2 meetings w/City staff, summary of programs,
policies, and plans for inclusion in existing conditions report
-$
2.2 Conduct a climate vulnerability assessment 7,358$ subtotal
Conduct assessment (community profile, weather
projections, land use, hazards) and summarize findings
7,358$
Deliverables: Climate vulnerability assessment for inclusion in
existing conditions report
2.4 Analyze greenhouse gas (GHG) data 10,477$ subtotal
Update community-wide GHG inventory and analysis for
2024 and 2025
-$
Complete GHG inventory and analysis for city operations 10,477$
Deliverables: city operations inventory spreadsheet,
narrative and graphics of inventory findings for presentation
slides and inclusion in CAAP
2.5 Develop community-wide adaptation goals and greenhouse
gas reduction goals for city operations
5,505$ subtotal
Develop recommendations for community-wide adaptation
vision
4,040$
Develop recommendations for city operations GHG reduction
goals
1,465$
Deliverables: goals for inclusion in CAAP
2.6 Create a report summarizing existing conditions 3,918$ subtotal
Prepare draft report, incorporate city feedback, finalize
report
3,918$
Deliverables: Existing conditions report
subtotal
Task 3 Strategy development and scenario planning 24,061$
3.1 Forecast emissions and complete GHG reduction scenario
plans
9,153$ subtotal
Community-wide: Update existing wedge diagram 5,338$
City operations plan: Develop waterfall diagram 3,814$
Exhibit A - Eden Prairie Climate Action and Adaptation Plan
Deliverables: Updated community-wide wedge diagram, city
operations waterfall diagram, slides and a report section
summarizing the quantified strategies, including narrative,
table and graphic elements
3.2 Identify strategies and implementation plan for resilience,
adaptation, and greenhouse gas emissions reduction
14,909$ subtotal
Develop list of resilience, adaptation, and greenhouse gas
emissions reduction strategy options
5,237$
Develop implementation details for near-term actions 9,672$
Deliverables: list of selected strategies, implementation plan
for near-term actions, 2 meetings w/City staff
subtotal
Task 4 Stakeholder engagement 6,889$
4.1 Engagement with City Council (1 workshop)-$
4.1 Support pop-up events (includes materials for events
coordinated by city/comp planning consultant and processing
input)
2,956$
4.2 Support web-based engagement (includes facilitating a
community survey and summarizing results)
3,933$
Deliverables: support for pop-up events; survey
implementation; summary of engagement outcomes
subtotal
Task 5 Draft and Final Climate Action and Adaptation Plan 12,667$
5.1 Incorporate new info into existing CAAP and update
formatting
12,667$ subtotal
Complete first draft 5,521$
Complete second draft 2,196$
Complete final plan 1,943$
Develop presentation of plan 3,008$
Deliverables: first draft CAP, second draft CAP, final CAP,
presentation slides
subtotal
91,692$
TOTAL FEE 91,692$
Task Description Month 1 (June 2026) Month 2 (July 2026) Month 3 (August 2026) Month 4 (Sept 2026) Month 5 (Oct 2026) Month 6 (Nov 2026) Month 7 (Dec 2026) Month 8 (Jan 2027) Month 9 (Feb 2027) Month 10 (Mar 2027) Month 11 (Apr 2027) Month 12 (May 2027) Month 13 (June 2027)
Coordinate w/City's Project Manager
Kick-off meeting: Review
project work plan & data
requests
Confirm stakeholder
engagement plan
Preview existing
conditions findings
City Council workshop
prep
Confirm survey
implementation plan,
strategies for inclusion
Preview draft scenario,
strategies/actions Review survey results
Confirm
strategies/actions
Preview
implementation plan
Comment on first draft
CAAP
Comment on final draft
CAAP Wrap up
Engagement with city staff
Introductory meeting, discuss
data requests Discuss data questions Discuss data questions
Preview existing
conditions findings
(community-wide)
Discuss scenario planning
for GHG reduction, input
on strategies/actions
Discuss implementation
plan Input on draft CAAP
Engagement with city elected officials (Sustainability
Commission and City Council)
City Council workshop to
review existing
conditions and gather
input on strategies
Present final CAAP to
City Council
Community engagement (coordinate w/comp plan engagement)
Launch survey to
gather input on
community-wide
strategies and actions
Complete survey, process
results TBD TBD
Collect input on draft
CAAP TBD TBD
Conduct existing conditions review and climate vulnerability
assessment (community-wide and city operations)Start data collection Continue assessment Summarize findings Finalize
Update community-wide GHG emissions inventory for 2024 &
2025 Start data collection
Continue data
collection Analyze data Finalize
Analyze GHG emissions from city operations (optional)Start data collection
Continue data
collection Analyze data Finalize
Develop existing conditions report Start report draft
Finalize existing
conditions report for
inclusion in CAAP
Update community-wide GHG reduction scenario plan
Update existing scenario
plan Gather input Gather input Finalize scenario
Scenario planning for GHG reduction from city operations
(optional)
Establish a business-as-
usual forecast, quantify
impact of existing policies
Create a draft scenario
for meeting GHG goals Gather input Finalize scenario
Develop adaptation strategies (community-wide and city
operations)
Develop a menu of
strategies and actions Gather input Gather input
Finalize strategies and
actions
Develop implementation plan (community-wide and city
operations)
Develop
implementation details
for near-term actions
Gather input on
implementation details
for near-term actions
Finalize
implementation plan
for inclusion in CAAP
Incorporate new information into existing CAP, update
graphics/formatting
Complete first draft
CAAP
Gather input on first
draft CAAP
Incorporate input and
complete second draft
CAAP
Incorporate input and
submit final CAAP
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.S.
Department: Public Works/Fleet Services – Scott Riley
ITEM DESCRIPTION
Approve 2027 Vehicle Replacement Purchasing
REQUESTED ACTION
Move to: Approve the ordering and purchase of the 2027 Replacement Plan vehicles and
equipment as itemized on the attached schedule and declare surplus of the old vehicles for
disposal.
SUMMARY
The Equipment Replacement Schedule was developed by the Fleet Services Division to provide a
15-year projection of vehicle and equipment needs and a corresponding lifecycle with each
vehicle. Annual budget requests are created from this schedule to determine future funding
needs for operating budgets. Staff have finalized the details of each replacement or new vehicle
purchase as per our current replacement policy guidelines. The planned Fleet Capital purchasing
expenditures for 2027 are estimated at $1,860,400.00.
Staff requests authorization to order the 2027 replacement vehicles when Cooperative
Purchasing Ventures are complete and manufacturer ordering windows are open. This action is
requested due to the expected long lead times from manufacturers to deliver equipment or
vehicles and the potential short time frame for ordering vehicles. Projected delivery dates for
these vehicles will not be until early to mid-year 2027 so actual expenditures will not occur until
that time.
The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture
(CPV). This enables the City to buy vehicles and equipment under the terms of contracts already
negotiated by the State of Minnesota. Other Joint Powers Agreements as listed in the City of
Eden Prairie purchasing policy are also utilized. In the event that vehicles are not available from
CPV contracted dealers or joint powers agreement vendors, Staff requests permission to obtain
quotes from Retail Dealers and negotiate direct purchasing of vehicles and equipment.
Lastly, staff is requesting authorization to declare as surplus the list of vehicles scheduled for
replacement. These vehicles will be used as traded ins for replacement vehicles or sold at
auction and other authorized sales sites.
ATTACHMENTS
2027 Vehicle and Equipment Replacement Schedule
PROPOSED NEW VEHICLE
Unit Year Unit Serial #Vehicle Make Vehicle Model Vehicle Make/Model Notes and Comments
Street Division
166 2015 3ALAG5CY8FDGG7125 Freightliner 108SD 34946 Freightliner 4X4 W/Plow Equipment $344,000 Purchased through Fleet Vehicle Replacement CIP Funds.
Police
225 2023 1C4SDJFT6PC577435 Dodge Durango - PATROL 66794 Durango or like equipment $79,000 Purchased through Fleet Vehicle Replacement CIP Funds.
227 2021 1FM5K8AW2MNA07117 Ford Explorer AWD Hybrid - K9 116599 Durango or like equipment $82,000 Purchased through Fleet Vehicle Replacement CIP Funds.
234 - 295 2019 2C3CDXKT1KH686473 Dodge Charger AWD - ADMIN 55964 Durango or like equipment $62,500 Purchased through Fleet Vehicle Replacement CIP Funds.
239 2023 2C3CDXKG4PH616525 Dodge Charger - UM DWI PATROL 103145 Durango or like equipment $79,000 Purchased through Fleet Vehicle Replacement CIP Funds.
240 2023 1C4SDJFT5PC583873 Dodge Durango - PATROL 44226 Durango or like equipment $79,000 Purchased through Fleet Vehicle Replacement CIP Funds.
243 2023 1C4SDJFTXNC200359 Dodge Durango - PATROL 72446 Durango or like equipment $79,000 Purchased through Fleet Vehicle Replacement CIP Funds.
285 2016 1C4PJMAS8GW299666 Jeep Cherokee - INV 53715 Mid Size SUV or Sedan $62,500 Purchased through Fleet Vehicle Replacement CIP Funds.
Fire
349 2020 1FM5K8AW7LGA55649 Ford Explorer Hybrid - CHIEF 1 67658 Explorer Hybrid, Tahoe or like equipment $63,000 Purchased through Fleet Vehicle Replacement CIP Funds.
350 2020 1FM5K8AW8LGC15554 Ford Explorer Hybrid - INS 53429 Mid or Full Size Pickup or SUV $63,000 Purchased through Fleet Vehicle Replacement CIP Funds.
351 2020 1GNSKFKC4LR226823 Chevrolet Tahoe 4X4 - CHIEF 5 56944 Tahoe or similar size SUV $68,000 Purchased through Fleet Vehicle Replacement CIP Funds.
Park Maintenance
412 2012 1TC202ATCCT060073 John Deere Pro Gator 2020 5824 Replace with like equipment $55,000 Purchased through Fleet Vehicle Replacement CIP Funds.
427 2016 1FTBF2B61GEC73935 Ford F250 52102 Extra Cab 3/4 Ton Pickup W/Plow $80,100 Purchased through Fleet Vehicle Replacement CIP Funds.
428 2016 1FTBF2B6XGEC73934 Ford F250 64608 Extra Cab 3/4 Ton Pickup W/Plow $80,100 Purchased through Fleet Vehicle Replacement CIP Funds.
438 2012 s312000207 Toro Workman HDX-D 883 Replace with like equipment $55,000 Purchased through Fleet Vehicle Replacement CIP Funds.
467 2012 1HTGRSHT1DJ156954 International 7600 6X4 2010 - PICKER 7249 Freightliner W/Palfinger Grapple Body $210,000 Grapple Only - Finance Approved Cab Chassis Purchased in 2026
Purchased through Fleet Vehicle Replacement CIP Funds
Utilities
707 2013 1FDUF5HY5DEB04852 Ford F550 4x4 Reg DRW 18740 Extra Cab Pickup W/Plow $80,100 Purchased through Fleet Vehicle Replacement CIP Funds.
726 2016 1GT22REG4GZ258864 GMC 2500HD 90466 Extra Cab Pickup W/Plow $80,100 Purchased through Fleet Vehicle Replacement CIP Funds.
747 2017 TAW06980 Caterpillar 289D 1849 Replace with similar size A/T Skid Loader $109,000 Purchased through Fleet Vehicle Replacement CIP Funds.
755 2002 JK1AFCE1X2B510962 Kawasaki Mule 1388 Replace with like equipment $50,000 Purchased through Fleet Vehicle Replacement CIP Funds.
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.T.
Department: Public Works/Engineering - Jennifer Fierce, Sustainability Coordinator
ITEM DESCRIPTION
To continue the City’s water conservation rebate program, the City has requested and been
rewarded $22,000 in funds from the Metropolitan Council to continue the program for the next
two years.
REQUESTED ACTION
Move to: Approve the 2026-2028 Metropolitan Council Clean Water Fund Grant Agreement
with the Met Council.
SUMMARY
Since 2020, the City of Eden Prairie has received a grant from the Metropolitan Council to
support residential and commercial rebates for the installation of smart irrigation controllers
and spray sprinkler bodies to improve water conservation in the community. The Met Council
pays for 80% of allowed rebate total, and the City provides a 20% match, which is covered
through water utility fees.
From 2020 through 2025, 507 rebates were distributed in the community for a total of $93,196.
Over 3 million gallons of water is estimated to have been conserved due to these
improvements.
ATTACHMENTS
Attachment 1 – Metropolitan Council Grant Agreement
City of Eden Prairie METROPOLITAN COUNCIL CLEAN WATER FUND GRANT AGREEMENT
Recipient: City of Eden Prairie
Grant No: SG-26E-03-09
Met Council Action: 2026-95 SW
Maximum Grant Amount: $ 22000
Recipient Match (20% of total program excluding low-income option): $ 5500
Recipient’s Authorized Representative:
Name: Jen Fierce
Mailing Address: 8080 Mitchell Road, Eden Prairie MN 55344
Phone: 952-949-8313
Email Address: jfierce@edenprairiemn.gov
This Clean Water Fund Grant Agreement (“Grant Agreement”) is entered into between the Metropolitan
Council, a public corporation and political subdivision of the State of Minnesota (“Met Council”) and the
Recipient named above.
RECITALS
1. Minnesota Session Laws 2025, Chapter 36, Article 2, Section 8(b), appropriated to the Met Council $1,400,000 in funds from the Legacy Amendment's Clean Water Fund ("Clean Water Fund") for State fiscal years 2026 and 2027, for water demand reduction grants to assist municipalities in the
metropolitan area with implementing water demand reduction measures to ensure the reliability and
protection of drinking water supplies.
2. The Met Council is authorized by Minnesota Statutes sections 473.129, subdivision 4 to apply for and use grants from the State for any Metropolitan Council purpose and may dispose of the money in accordance with the terms of the appropriation.
3. The Recipient is authorized to receive grants from the Clean Water Fund for a water demand reduction
program to implement measures to reduce water demand to ensure the reliability and protection of drinking water supplies.
4. On May 13, 2026, the Met Council authorized the granting $1,399,000 of the appropriation to the Recipients participating in the grant program.
5. The Recipient is authorized to receive grants from the Clean Water Fund for a water demand reduction
program to implement measures to reduce water demand to ensure the reliability and protection of drinking water supplies.
6. The Recipient represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to the reasonable satisfaction of the Met Council.
GRANT AGREEMENT
1. Term of Grant Agreement.
1.1. Effective Date. The Effective Date of this Grant Agreement is the date this agreement is fully executed, provided the Grant Agreement is fully executed on or after July 1, 2026. If the Grant Agreement is fully executed prior to July 1, 2026, the effective date shall be July 1, 2026.
1.2. Grant Activity Period. The Grant Activity Period runs from the Effective Date through the
Expiration Date.
1.3. Expiration Date. The Expiration Date is the earlier of Recipient’s satisfactory fulfillment of obligations or June 30, 2028.
1.4. Survival of Terms. The following clauses survive the expiration, termination or cancellation of
this Grant Agreement:
• 9. Liability and Insurance;
• 10. Audits;
• 11. Government Data Practices;
• 13. Data Availability;
• 14. Governing Law, Jurisdiction, and Venue;
• 16. Data Disclosure; and
• 18.7 Future Eligibility.
2. Duties, Representations and Warranties of Recipient and Use of Grant Funds.
2.1. The Recipient will conduct, administer and complete in a satisfactory manner and in accordance with the terms of this Grant Agreement the program (“Recipient Program”) which is described in
Recipient's application to the Met Council for assistance under the Met Council's Clean Water Fund
grant program. The Recipient’s application is incorporated into this Grant Agreement as Exhibit A. Recipient will perform the Recipient Program in accordance with the timeline in Exhibit B of this Grant Agreement and to undertake the financial responsibilities described in Exhibit B which is incorporated into this Grant Agreement. The Recipient must complete the Recipient Program as described in Exhibits
A and B. The Met Council makes no representation or warranties with respect to the success and
effectiveness of the Recipient Program. The Met Council acknowledges that Recipient Program work may be limited to soliciting participation by its residents and businesses in the Recipient Program and requires additional work by the Recipient only to the extent that residents and businesses choose to participate in the Recipient Program, as described in Exhibit B.
The Grant Funds must be entirely passed through and can only be used for authorized rebates or grants
for qualifying activities.
2.2. Recipient Representations and Warranties. The Recipient represents and warrants to Met Council, as follows:
A. It has the legal authority to enter into this Grant Agreement and to conduct and administer
the Recipient Program and use the Grant Funds for the purpose or purposes described in this Agreement.
B. It has taken all actions necessary for its execution of the Agreement and has provided to Met Council a copy of the resolution by its governing body authorizing Recipient to enter into this Agreement, if required. If a resolution is not required by the Recipient, Recipient shall provide the Met
Council documents acceptable to the Council indicating that the appropriate person(s) has authority to enter into this agreement on behalf of the Recipient, such as a city policy or city ordinance.
C. It has the legal authority to undertake the Recipient Program, including the Recipient’s
financial responsibilities in Exhibit B.
D. Only its Authorized Representative may provide certifications required in this Grant Agreement and submit pay claims for reimbursement of Recipient Program costs.
E. It will comply with all the terms of this Grant Agreement.
F. It will comply with all requirements of Clean Water Funding legislation and
appropriations, except for requirements that this Grant Agreement explicitly states will be handled by the Met Council.
G. It has made no material false statement or misstatement of fact in connection with the Grant Funds, and all of the information it has submitted or will submit to the Met Council relating to the
Grant Funds or the disbursement of any of the Grant Funds is and will be true and correct. It agrees that
all representations contained in its application for the Clean Water Fund Grant are material representations of fact upon which the Met Council relied in awarding this Grant and are incorporated into this Agreement by reference.
H. It is not in violation of any provisions of its charter or of the laws of the State of
Minnesota, and there are no material actions, suits, or proceedings pending, or to its knowledge
threatened, before any judicial body or governmental authority against or affecting it and is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Grant Agreement, or to perform any of the acts required of it in the Agreement.
I. Compliance with the requirements of this Grant Agreement is not prevented by, is a
breach of, or will result in a breach of, any term, condition, or provision of any agreement to which it is bound.
J. The Recipient Program will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto.
K. The Recipient Program will be conducted in full compliance with all applicable laws,
statutes, rules, ordinances, and regulations issued by any federal, state, or political subdivisions having jurisdiction over the Recipient Program.
L. It will comply with the financial responsibility requirements contained in Exhibit B.
M. It will furnish satisfactory evidence regarding these representations if requested by the
Met Council.
3. Time.
Recipient must comply with all time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence.
4. Eligible Costs.
Eligible costs are those costs incurred by parties within the jurisdiction of the Recipient for 80%
of rebate or grant payments as defined in Exhibit B (and not including low-income cost assistance grant
activities). The Met Council will not reimburse Recipient for non-eligible costs. Any cost not defined as an eligible cost or not included in the Recipient Program or approved in writing by the Met Council is
a non-eligible cost.
5. Consideration and Payment.
5.1 Consideration. The Met Council will reimburse the Recipient for eligible costs performed by the Recipient during the Grant Activity Period up to the Maximum Grant Amount as specified in this agreement. The Met Council bears no responsibility for any cost overruns that may be incurred by the Recipient or any sub-recipients. The Recipient may be eligible to receive additional grant amounts or an
adjustment of the Maximum Grant Amount in accordance with the procedure in the Grant Amendment
Form attached and incorporated as Exhibit C. A fully executed Exhibit C will amend this Grant by the amount in Exhibit C.
5.2. Advance. The Met Council will make no advance of the Grant Amount to Recipient.
5.3. Payment. To receive payment, the Recipient must submit a Reimbursement Request on forms
provided by the Met Council, including electronically scanned receipts to verify the cost of eligible
devices reported for each reporting period. Reimbursement Request must be submitted quarterly, even if there are no eligible costs to report. The Recipient must describe its compliance with its the financial requirements, work completed including specific addresses where work was done, and provide sufficient documentation of grant eligible expenditures and any other information the Met Council reasonably
requests. The Met Council will promptly pay the Recipient after the Recipient presents to the Met
Council a Reimbursement Request and scanned copies of all receipts verifying the cost for all eligible devices reported and the Met Council’s Authorized Representative accepts the invoiced services.
6. Conditions of Payment.
6.1. For each approved grant activity for which Recipient requests payment, Recipient must certify the following to the Met Council:
(1) the device or other grant activity has been purchased or paid for during the Grant Activity Period; (2) Recipient has determined the device, grant activity, or resident (in cases of the low-income
cost assistance option), is eligible; (3) Recipient received receipts for the device, installation cost, or other grant activity; and (4) the purchase was not performed in violation of federal, state, or local law, or regulation.
6.2. Conditions Precedent to Any Reimbursement Request. The obligation of the Met Council to make reimbursement payments is subject to the following conditions precedent:
A. The Met Council’s receipt of a Reimbursement Request/Progress Report for the funds requested, and electronic copies of receipts verifying the cost for all eligible devices for that reporting period;
B. If requested by the Met Council (in form and substance acceptable to the Met Council), evidence that (i) the Recipient has legal authority to and has taken all actions necessary to enter into this
Agreement and (ii) this Agreement is binding and enforceable against the Recipient;
C. There is no Event of Default under this Grant Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse; and
D. The Recipient has supplied to the Met Council all other items that the Met Council may reasonably require to assure good fiscal oversight of state's funding through the Clean Water Fund.
7. Authorized Representative.
The Met Council’s Authorized Representative is:
The Met Council’s Authorized Representative has the responsibility to monitor the Recipient’s
performance and the authority to accept the services provided under this Grant Agreement. If the
services are satisfactory, the Met Council’s Authorized Representative will certify acceptance on each invoice submitted for payment.
The Recipient’s Authorized Representative is noted on the first page of this Grant Agreement. If the Recipient’s Authorized Representative changes at any time during this Grant Agreement, the Recipient
must immediately notify the Met Council and within 30 days provide a new City resolution (if such resolution is necessary) specifying the new Representative. If a resolution is not required by the City, the City’s notification to the Met Council must be in writing.
8. Assignment, Amendments, Waiver, Grant Agreement Complete, and Order of Precedence.
8.1 Assignment. The Recipient may neither assign nor transfer any rights or obligations under this
Grant Agreement without the prior written consent of the Met Council and a fully executed Assignment Agreement.
8.2 Amendments. Except as provided in this Section 8.2, any amendment to this Grant Agreement must be in writing and will not be effective until it has been executed and approved by the appropriate
parties. If requested by the Recipient in writing, the Met Council may, at its sole discretion, authorize in
writing a minor change (administrative, compliance, or operational adjustments that do not alter the core scope, objectives, or funding level of the award) to the Recipient Program in Exhibit A, without a formal executed amendment to this Grant Agreement. Met Council further reserves the right to amend grant agreements, in collaboration with grantee municipality, if quarterly reporting indicates rebate or grant
programs will not fully utilize grant awards within the grant period or for other documented purposes
that will advance the legislative objectives of the pilot program.
8.3 Waiver. If the Met Council fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it.
8.4 Grant Agreement Complete. This Grant Agreement contains all negotiations and agreements
between the Met Council and the Recipient. No other understanding regarding this Grant Agreement,
whether written or oral, may be used to bind either party.
8.5 Order of Precedence. This Grant Agreement will be interpreted in the following order of precedence:
(1) Grant Agreement excluding exhibits;
(2) Exhibit B; and
(3) Exhibit A.
9. Liability and Insurance.
9.1 Liability. The Recipient and the Met Council are each responsible for their own acts and the acts of their employees and the results thereof. To the extent authorized by law, a party is not responsible for the acts of the other party and the results thereof. The liability of the Parties is governed by Minnesota
Statutes Chapter 466 and other applicable laws. Neither Party waives any applicable limits on liability
or immunities.
9.2 Relationship of the Parties. Nothing contained in this Grant Agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners or a joint venture between the Recipient and the Met Council, nor will the Recipient be considered or deemed to be an
agent, representative, or employee of the Met Council in the performance of this Grant Agreement, or
the Recipient Program.
The Recipient represents that it has already or will secure or cause to be secured all personnel required for the performance of this Grant Agreement and the Recipient Program. All personnel of the Recipient or other persons while engaging in the performance of this Grant Agreement or the Recipient Program
will not have any contractual relationship with the Met Council related to the work of the Recipient Program and will not be considered employees of the Met Council. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Recipient, its officers, agents, contractors, or employees will in no way be the
responsibility of the Met Council. Such personnel or other persons may not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the Met Council, including but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits.
10. Audits.
Under Minn. Stat. § 16C.05, subd. 5, the Recipient’s books, records, documents, and accounting procedures and practices relevant to this Grant Agreement are subject to examination by the Met Council and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the termination date of this Grant Agreement.
11. Government Data Practices.
The Recipient and Met Council must comply with the Minnesota Government Data Practices Act, Minn.
Stat. Chapter 13, as it applies to all data provided by the Met Council under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Recipient under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Recipient or the Met Council. If the Recipient receives a request
to release the data referred to in this Clause, the Recipient must immediately notify the Met Council.
12. Workers’ Compensation.
The Recipient certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. The Recipient’s employees and agents will not be
considered Met Council employees. Any claims that may arise under the Minnesota Workers Compensation Act on behalf of these employees and any claims made by any third party as a
consequence of any act or omission on the part of these employees are in no way the Met Council’s
obligation or responsibility.
13. Data Availability.
To the extent and as requested by the Met Council, Recipient agrees to comply with Minn.
Stat. § 114D.50, subd. 5 requirements for data collected by the Recipient Programs funded with money
from the Clean Water Fund that have value for planning and management of natural resources, emergency preparedness and infrastructure investments, including but not limited to the requirement that to the extent practicable, summary data and results of Recipient Programs funded with money from the Clean Water Fund should be readily accessible on the internet and identified as a Clean Water Fund
Recipient Program. The Met Council will put overall summary information on the internet and will
encourage the Recipient put its municipality information on the web. Recipient understands and agrees that Met Council may list its name and summary information on the internet or in any other Grantor reporting.
Data collected by the Recipient Program, if any, funded with money from the Clean Water Fund that
have value for planning and management of natural resources, emergency preparedness, and infrastructure investments must conform to the enterprise information architecture developed by the Department of Information Technology Services. Spatial data must conform to geographic information system guidelines and standards outlined in that architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Minnesota Geospatial Information Office. A description of these data that
adheres to the Department of Information Technology Services geographic metadata standards must be submitted to the Minnesota Geospatial Information Office to be made available online through the clearinghouse and the data must be accessible and free to the public unless made private under chapter 13. To the extent practicable, summary data and results of projects funded with money from the clean water fund should be readily accessible on the Internet and identified as a clean water fund project.
14. Governing Law, Jurisdiction, and Venue.
This Grant Agreement will be construed and enforced under the laws of the State of Minnesota without regard to its conflict of law provisions. The venue for any legal proceedings arising out of this Grant Agreement will be the appropriate state or federal court in Ramsey County, Minnesota.
15. Termination.
The Met Council may cancel this Grant Agreement at any time, with or without cause, upon 30 days’ written notice to the Recipient. Upon termination, the Recipient will be entitled to payment for services
prequalified and satisfactorily performed before the termination notice.
16. Data Disclosure.
Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Recipient consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the Met Council, to federal and state tax agencies and Met Council personnel involved in the payment of Met Council obligations. Recipient will require compliance with this Section 16 by
Recipient’s subrecipient of Grant funds and shall submit evidence of such compliance to Met Council as requested.
17. Notices.
In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and must be personally served or sent by email or United States
mail, to the Authorized Representative of the party to whom it is directed.
18. Miscellaneous.
18.1 Report to Legislature. As provided in Minn. Stat. § 3.195, the Met Council must submit a report on the expenditure and use of money appropriated under the Clean Water Fund to the legislature by January 15 of each year. The report must detail the outcomes in terms of additional use of Clean Water Fund resources, user satisfaction surveys, and other appropriate outcomes. The
Recipient agrees to provide to the Met Council by January 1 of each year a report on any user
satisfaction surveys it has related to this Recipient Program, and other appropriate outcomes of the Recipient Program as prescribed in Section 18.3 of this Agreement.
18.2 Supplement. The funds granted under this agreement are to supplement and shall not substitute for traditional sources of funding. Recipient certifies to the Met Council that there was
and is no traditional Recipient sources of funding for the grant work, as described in Exhibit A.
18.3 Measurable Outcomes. A Recipient Program or program receiving funding from the Clean Water Fund must meet or exceed the constitutional requirement to protect, enhance, and restore water quality in lakes, rivers and streams and to protect groundwater and drinking water from degradation. A Recipient Program or program receiving funding from the Clean Water Fund must
include measurable outcomes, as defined in Minn. Stat. § 3.303, subdivision 10, and a plan for
measuring and evaluating the results. A Recipient Program or program must be consistent with current science and incorporate state-of-the-art technology. All information for funded Recipient Program work, including the proposed measurable outcomes, must be made available for publication on the web site required under Minn. Stat. § 3.303, subdivision 10, as soon as
practicable and forwarded to the Met Council and the Legislative Coordinating Commission under
the provisions of Minn. Stat. § 3.303, subd. 10. The Recipient must compile and submit all information for funded Recipient Programs or programs, including the proposed measurable outcomes and all other items required under Minn. Stat. § 3.303, subdivision 10, to the Met Council and, if requested by the Met Council, the Legislative Coordinating Commission as soon as
practicable or by January 15 of the applicable fiscal year, whichever comes first.
18.4 Minn. Stat. § 16B.98. Grants funded by the Clean Water Fund must be implemented according to section 16B.98 and must account for all expenditures.
18.5 Benefit to Minnesota Waters. Money from the Clean Water Fund may only be spent on Recipient Programs that benefit Minnesota waters.
18.6 Website. If the Recipient has information on its website about the water efficiency grant
program under Minn. Stat. § 114D.50, the Recipient will when practicable in accordance with Minn. Stat. § 114D.50, subd. 4(f) prominently display on the Recipient’s website home page the Legacy logo accompanied by the phrase "Click here for more information." When a person clicks on the Legacy logo image, the website must direct the person to a web page that includes both the
contact information that a person may use to obtain additional information, as well as a link to the Met Council’s and Legislative Coordinating Commission Website required under section 3.303, subdivision 10.
18.7 Future Eligibility. Future eligibility for money from the Clean Water Fund is contingent upon the Recipient satisfying all application requirements related to Met Council’s fulfillment of
Minn. Stat. § 114D.50 as well as any additional requirements contained in Minnesota Session Laws 2025, Chapter 36, Article 2, Section 8(b).
18.8 Prevailing Wages. The Recipient agrees to comply with all of the applicable provisions contained in chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn.
Stat. §§ 177.41 through 177.50, as they may be amended, modified or replaced from time to time with
respect to the Recipient Program. By agreeing to this provision, the Recipient is not acknowledging or agreeing that the cited provisions apply to the Recipient Program.
18.9 Disability Access. Where appropriate, Recipient of clean water funds, in consultation with the Council on Disability and other appropriate governor-appointed disability councils, boards, committees,
and commissions, should make progress toward providing greater access to programs, print publications,
and digital media for people with disabilities related to the programs the recipient funds using appropriations made in this agreement.
18.10. General Provisions.
(i) Lawsuit. This Grant shall be canceled if a court determines that the appropriation
illegally substitutes for a traditional source of funding.
(ii) Termination Due to Lack of Funds. Recipient recognizes that Met Council’s obligation to reimburse Recipient for eligible Recipient Program costs is dependent upon Met Council’s receipt of funds from the State of Minnesota appropriated to Met Council under 2025 Session Law, Chapter 40, Article 2, Section 8(b). Should the State of Minnesota terminate such
appropriation or should such funds become unavailable to Met Council for any reason, Met
Council shall, upon written notice to Recipient of termination or unavailability of such funds, have no further obligations for reimbursement or otherwise under this Grant Agreement. In the event of such written notice, Recipient has no further obligation to complete the Recipient Program as required by this Grant Agreement.
18.11. Counterparts and Electronic Signatures. This Grant Agreement may be executed in any number
of counterparts, each of which when executed will be deemed to be an original and the counterparts will together constitute one agreement. A copy of this Grant Agreement, including its signature pages, will be binding and deemed to be an original. Electronic signatures using Adobe Sign or a similar program will be deemed an original signature.
19. Default and Remedies.
19.1 Defaults. The Recipient's failure to fully comply with any of the provisions contained in this
Grant Agreement constitute an event of default ("Event of Default").
19.2. Remedies. Upon an event of default, the Met Council may exercise any one or more of the
following remedies:
a. Refrain from disbursing the Grant;
b. Demand that all or any portion of the Grant already disbursed be repaid to it, and upon such demand the Recipient shall repay such amount to the Met Council; and
c. Enforce any additional remedies the Met Council may have at law or in equity.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly
authorized representatives.
METROPOLITAN COUNCIL
By: ________________________________
Regional Administrator, successor, or delegate
Date: _______________________________
RECIPIENT:
The Recipient certifies that the appropriate
person(s) have executed the this agreement on
behalf of the Recipient as required by applicable articles, bylaws, resolutions, or ordinances.
By: ________________________________
_____________________________________
Printed Name and Title
Date: _______________________________
EXHIBIT A: Application from community
Page - 1
2026 – 2028 METROPOLITAN COUNCIL WATER EFFICIENCY GRANT PROGRAM
APPLICATION FORM
updated 02 / 25 / 2026
1. Applicant information:
MUNICIPALITY: City of Eden Prairie
MUNICIPAL UTILITY: Water
MAILING ADDRESS: 8080 Mitchell Road, Eden Prairie MN 55344
2. Primary contact information:
Municipality primary authorized representative (all correspondence regarding the Water Efficiency
Grant Program should be addressed to individual named below):
Name: Jen Fierce
Title: Sustainability Coordinator
Phone: 952-949-8313
Email: jfierce@edenprairiemn.gov
Mailing Address: Same as above
3. Secondary contact information:
Municipality secondary authorized representative:
Name: Rick Wahlen
Title: Utility Operations Manager
Phone: 952-949-8530
Email: rwahlen@edenprairiemn.gov
Mailing Address: Same as above
Page - 2 | METROPOLITAN COUNCIL
4. Water use information:
Municipal Total Per Capita Water Use, in gallons per person-day (2025): 101.65
Municipal Residential Per Capita Water Use, in gallons per person-day (2025): 73.825
Municipal Ratio of Peak Month to Winter Month Water Use (2025): 2.15
Program design
The following questions help describe the type of program your municipality is proposing, including
planned grant activities and optional program elements. For more information about the low-income
cost assistance option and grant activities on municipal properties, see the Guidelines document.
5. Will your proposed program be a rebate or grant program?
Rebate
6. Will your proposed program include a low-income cost assistance option?
No
7. Will your proposed program include approved grant activities on municipal properties
(for example, device replacements or turfgrass conversion)?
No
8. If your proposed program includes approved grant activities on municipal properties, does the funding supplement and not supplant? (Additional documentation may be
requested.)
N/A
9. Approximately what portion of your requested grant amount will be used for approved grant activities on municipal properties?
0%
Page - 3 | METROPOLITAN COUNCIL
10. Planned grant activities
Which eligible grant activities will your program include? Please provide an estimated number of device
replacements/other grant activities for each category you plan to include in your program.
Grant activity Property type
Residential Commercial Municipal
* Please note, the Met Council strongly encourages an irrigation system audit be conducted before the
replacement of an irrigation controller or spray sprinkler bodies. An initial audit ensures the user has information for proper set-up and operation of their irrigation system.
11. Estimated water savings per device from WaterSense and Energy Star (if available) will auto-
populate in quarterly reporting forms to establish baseline consistency in estimates. Some
municipalities may have developed (or plan to develop) specific water savings calculations
based on household size, age of device being replaced, and other factors. Municipalities are
welcome to submit water savings estimates other than those provided by the WaterSense and
Energy Star programs. If your municipality has plans to calculate estimated water savings in-house or using an external resource, please describe below.
N/A will use WaterSense numbers.
Page - 4 | METROPOLITAN COUNCIL
12. If your proposed program includes grant activities at municipal properties, please walk through your plans for device replacements and/or turfgrass conversion. In the case of turfgrass conversion, please describe where the work will occur, area removed, species removed, area replaced, species replaced, watering and maintenance needs, and estimated annual gallons of water saved (with explanation of estimate).
Page - 5 | METROPOLITAN COUNCIL
Program budget and administration
13. Please outline the amount of funding your municipality is requesting, including – if applicable – an estimate of funds that will be used for low-income cost assistance (no municipality match required).
Grants will be made available in amounts with a minimum of $5,000 and a maximum of $75,000. In the
event that there are unused or returned funds, municipalities may apply for a grant amendment to
increase their award beyond $75,000 (at the discretion of Met Council). Additionally, if a municipality
offers low-income cost assistance, it can apply for an additional $10,000 (max grant of $85,000).
A Requested grant amount
(must be 80% of row C):
B Required municipality matching amount
(must be 20% of row C):
C Traditional grant program subtotal
(row A + row B):
D (OPTIONAL) Low-income cost assistance requested amount
(100% covered by Met Council funds):
E Total program budget
(row C + row D):
Example calculation:
A Requested grant amount
(must be 80% of row C): $16,000
B Required municipality matching amount
(must be 20% of row C): $4,000
C Traditional grant program subtotal
(row A + row B): $20,000
D Low-income cost assistance requested amount
(100% covered by Met Council funds): $5,000
E Total program budget
(row C + row D): $25,000
Page - 6 | METROPOLITAN COUNCIL
14. Please outline what cost coverage your municipality plans to offer for each of the selected grant activities.
For example: 70% of the cost of a toilet, up to a maximum of $200. Limited to 2 per household.
100% of pre-tax cost for spray sprinkler bodies up to $100.
Residents may not have previously received a rebate from the city for this.
15. Please indicate ways in which you will advertise your program and water conservation.
(Examples to be provided in program work plan.)
Newsletter x Radio
Flyer in water bill Television
Email Newspaper
Tabling at events TikTok
Municipality website Instagram
Billboard / physical display Facebook
Nextdoor
Other
16. Work plan
In your application submission, please attach a work plan that details the municipality’s schedule, strategy for promoting the program and communications with potential participants – including example communications, program administration, and spending down the requested grant amount by 6/30/28.
Example work plan structure:
Task description Responsible person date
Continue administration of existing irrigation
rebate program
Page - 7 | METROPOLITAN COUNCIL
newsletters, in person, and on social media.
Evaluating applications
Program proposals will be evaluated based on the answers provided in the application form as well as
the attached work plan. Strong applications will include clear answers to the questions in the application
form and a thoughtful work plan that outlines strategies for structuring, administering, and promoting (if
applicable) the program. For municipalities intending to conduct grant activities on municipal property,
applications should include intended plans for device/landscape installation and estimated hours/cost of
labor (whether being done by the municipality or a contractor).
In the event that funds requested exceed funds available, the following criteria will be used to determine
the amount granted to a given municipality.
• Municipal residential per capita water use
• Municipal ratio of peak month to winter month water use
• Estimated water savings from proposed program
Additionally, municipalities may be asked to provide additional information and/or be awarded less than
their requested grant amount if their application is lacking detail, a clear work plan, etc. In future grant
cycles, a past participant’s record of spending down their award may be used to inform award amounts.
Applications are due by April 13, 2026
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Task Description Responsible Person Timeline
Promote rebate programs to
residents and HOAs via website Coordinator
programs at local community Coordinator
Life in the Prairie that goes to all Coordinator
EXHIBIT B: Grant program guidelines
2026 – 2028 METROPOLITAN COUNCIL WATER EFFICIENCY GRANT PROGRAM
GUIDELINES
updated 02 / 26 / 2026
1. Overview
The Metropolitan Council (Met Council) will implement a Water Efficiency Grant Program (WEGP)
effective July 1, 2026 to June 30, 2028. Grants will be awarded on a competitive basis to municipalities
that operate or are served by a municipal public water supply system.
In this program, municipalities design and operate their own rebate or grant programs, which are
funded by the Met Council with pass-through funds from the Clean Water Land & Legacy Amendment.
The Met Council will provide 80% of the program cost; the municipality must provide the remaining 20%
of the program cost.
The WEGP focuses on grant activities that reduce existing water use at residential, commercial, and
municipal properties. Met Council-approved grant activities include the replacement of specific water-
using devices with more efficient alternatives, irrigation system audits, and the conversion of turfgrass
to low-input, drought-tolerant landscapes at municipal properties. Residents and businesses
participating in a municipality’s program must be connected to municipal water.
Grants will be made available in amounts with a minimum of $5,000 and a maximum of $75,000. In the
event that there are unused or returned funds, municipalities may apply for a grant amendment to
increase their award beyond $75,000 (at the discretion of Met Council). Grantees will be required to
submit quarterly reimbursement requests and provide actual or estimated water savings achieved
through this program for Clean Water, Land & Legacy Amendment reporting purposes.
Grant program goal
The goal of the Water Efficiency Grant Program is to support technical and behavioral changes that
improve municipal water use efficiency in the seven-county metropolitan area.
Changes for 2026-2028
Several changes to the WEGP have been made from past grant cycles. These changes are outlined in
the bulleted list below.
• Maximum grant amount: $50,000 $75,000
• Clearer guidelines for grant activity/device eligibility and property type
o Faucets and faucet accessories added o Flushing urinals and flushometer-valve toilets added o Commercial clothes washers and commercial dishwashers added
• Met Council strongly encourages (not a requirement) that an irrigation system audit be
conducted before the replacement of an irrigation controller or spray sprinkler bodies. An
irrigation system audit from an Irrigation Professional certified by a US EPA WaterSense
program ensures the user has information for proper set-up and operation of their irrigation
system.
• Municipal facility grant activity option added o Replacement of water using devices in municipal properties
o Property turfgrass conversion/replacement
• Low-income cost assistance option added (additional $10,000 available to expand maximum
grant amount to $85,000) o Full cost coverage for eligible residents on indoor water use devices
• Updated reporting form
• Standardized estimated water savings built into reporting for most grant activities (with option for
municipalities to provide more specific water savings estimates)
Additional detail about the low-income cost assistance option, newly eligible devices/grant activities,
and new eligibility requirements is provided in the following pages.
Critical points to remember
• The applying municipality must be served by a municipal public water supply system
• New construction and new developments are not eligible
• A portion of each eligible grant activity’s cost must be paid by the property owner
• Funds are for rebates or grants only; consulting and city staff time are ineligible
• Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the
Metropolitan Council logo on program-related web pages and paper communications
• Applications are due April 13, 2026
• Funds must be spent down by June 30, 2028 (municipalities and Met Council will work together
to monitor spending and adjust/reallocate funds as needed)
• Grant activities on municipal properties must supplement and not supplant dedicated municipal
funding sources
2. Grant program structure
Administration and funding source
The 2026-2028 WEGP will be administered by the Met Council and will be funded with $1,400,000
appropriated by the 2025 Minnesota Legislature. Grant applications will be reviewed and scored by
Metropolitan Council Water Resources staff.
Legislative Directive:
Minnesota 2025 Session Law
$650,000 the first year and $750,000 the second year are for
grants that implement water demand reduction measures. The grants are to assist municipalities in the metropolitan area with
implementing water demand reduction measures to ensure the reliability and protection of drinking water supplies.
Grants will be awarded to municipalities in amounts ranging from $5,000 to $75,000 for providing
rebates or grants to property owners and their renters. (An additional $10,000 will be available for Low
Income Cost Assistance, as discussed below). Municipalities will be responsible for the design and
operation of their rebate or grant program and its details. Grant payments to the municipality will be for
80% of approved program amounts. The municipality must provide the remaining 20% of the
granted/rebated amount to the property owner. Municipality rebates or grants are eligible for
reimbursement on device replacements and other approved grant activities conducted July 1, 2026
through June 30, 2028 (purchases of eligible devices or grant activities must be made on or after the
day the grant agreement is fully executed).
Grant program components
Each municipality is expected to design their own program to whatever meets their community needs.
Three potential components are residential/commercial grant activities, municipal grant activities, and
low-income cost assistance for residential properties.
Municipalities may include any combination of property type and grant activity offering in their program
design. Program design has varied by municipality among past participants, with some focusing on a
single type of device replacement such as toilets, and others offering a range of options. In the
application form and work plan, municipalities will be asked to lay out the grant activities and property
types that would be included in the proposed program. While past grant cycles have occasionally
included participants pursuing commercial- and municipal-focused grant activities, the 2026-2028
WEGP guidelines more clearly define, and expand, the options available to municipalities that are
interested in designing commercial- or internal-facing programs.
Residential and/or commercial grant activities
Municipalities may choose to design their programs to include grant activities at residential and
commercial properties. This the most common approach among participating communities. The
participating community selects which devices or other approved grant activities (irrigation audits) to
offer to residents or businesses within the municipality. The participating community also determines
how much of an eligible grant activity’s cost is covered by the program. Property owners must pay a
portion of the eligible grant activity’s cost.
Eligible grant activities for residential and commercial properties are listed in the table in the Eligible
Grant Activities section.
Municipal grant activities
Municipalities may also choose to design their programs to include grant activities occurring on
municipal properties. Grant activities eligible for municipal properties are device replacements, irrigation
system audits, and the conversion of existing turfgrass to low-input landscaping/drought-tolerant
alternative turf. Municipalities that choose to conduct grant activities on municipal properties shall
provide measured water savings (ideally) or calculated water savings estimates. These municipalities
will also be required to display signage near the grant activity areas that includes the Metropolitan
Council and Clean Water Fund logos as well as an explanation of the work done. Participating
municipalities must cover the 20% “municipal match” as normal.
This funding is intended to promote and supplement funding for device replacement or turf grass
conversion efforts. It is not intended to supplant dedicated municipal funding sources for projects.
Eligible grant activities for municipal properties are listed in the table in the Eligible Grant Activities
section.
Low-income cost assistance grant activities
Municipalities operating a residential-facing rebate or grant program may elect to include a low-income
cost assistance option in their program. Residents or households who meet a certain income threshold
are eligible to receive full cost coverage* for the replacement of one indoor water-using device (toilet,
clothes washer, dishwasher, showerhead, or faucet/faucet accessory) with a WaterSense or Energy
Star alternative. If a municipality decides to offer the low-income cost assistance option, they can apply
for an additional $10,000 (max grant amount of $85,000).
Municipalities that choose to include this option in their residential rebate or grant programs will be
required to verify resident eligibility. No municipal match will be required. Residents are eligible for this
cost assistance element if:
• The resident is enrolled in a county assistance program o Hennepin County Water Assistance Program o Ramsey and Washington Counties Water Bill Assistance
o Scott, Carver, Dakota Counties Energy Assistance Program
Scott County Financial Assistance
Carver County Emergency Programs
Dakota County Emergency Assistance o Anoka County Energy Assistance
• The resident is enrolled in SNAP benefits
Eligibility for low-income cost assistance can be verified with appropriate paperwork showing
participation in one of the above programs.
*Cost of device and installation is fully covered by Met Council up to:
• $550 for toilets
• $1200 for clothes washers
• $1200 for dishwashers
• $100 for showerheads
• $100 for faucets and faucet accessories
Application funding request
The application form will include a table like the one below, where applying municipalities will lay out
their funding request. Row A is the requested grant amount, which covers grant activities at any
combination of property types and makes up 80% of the traditional grant program subtotal. Row B is
the required municipality match of 20% of the traditional grant program subtotal. Row C is the traditional
grant program subtotal. In Row D, applying municipalities may enter the low-income cost assistance
amount they expect to spend. The funds in Row D do not require a municipality match. Row E is the
sum of Rows C and D.
A
Requested grant amount for residential, commercial, or municipal grant activities (funding from Met Council)
(80% of traditional grant program subtotal):
$16,000
B Required municipality matching amount
(20% of traditional grant program subtotal): $4,000
C Traditional grant program subtotal
(sum of Met Council grant amount and required municipality match): $20,000
D (OPTIONAL) Low-income cost assistance requested amount (funding from Met Council)
(100% covered by Met Council funds): $5,000
E Total program budget
(sum of traditional grant program subtotal and low-income cost assistance funds): $25,000
*in cases where municipalities have opted in to the low-income cost assistance element, the percent covered by Met Council may exceed 80%
Eligibility
Requirements for applying municipalities
This grant program is limited to municipalities in the seven-county metropolitan area that operate or are
served by a municipal public water supply system.
Grants are only for water efficiency programs offering rebates or grants to property owners and their
renters who are customers of the municipal water supply system and who replace specified water-using
devices with approved devices that use substantially less water (or conduct other grant activities such
as irrigation audits or, for municipalities, turfgrass conversion). In municipalities where only some
neighborhoods or areas are served by a municipal public water supply system, only those served by
the municipal public water supply system are eligible.
Municipalities eligible per above must apply to participate and, if approved, sign a Met Council Grant
Agreement, before any eligible rebates or grants can be submitted for reimbursement. Agreements
shall require that municipalities:
• Entirely pass through grants received (as is being done by Met Council)
• Verify purchase of devices or other grant activities to receive grants
• Retain records and cooperate with any audits
• Conduct all communications with property owners and ensure all written communications to
property owners include both the Clean Water, Land and Legacy Amendment and the
Metropolitan Council’s logo
• Provide quantitative information for state reporting purposes
Eligible grant activities
The table below walks through the approved grant activities in the WEGP. Included in the table is information related to the property type
(residential, commercial, municipal) where grant activities occur as well as information about estimated water savings. Expenses eligible for
reimbursement are the out-of-pocket cost of the device and its installation only, not to include any owner labor costs. In addition, new
construction and new developments are ineligible as this program is intended as a current infrastructure replacement program.
Eligible grant activity
(with hyperlink to product lookup tool) Estimated water savings
Indoor water use
Toilets
Residential toilet
toilet 13,000 gallons per year (source)
Commercial / Municipal toilet replacement with a WaterSense
labeled commercial toilet model and 5,500 when replacing a
3.5gpf model
Commercial / Municipal urinal
labeled urinal 4,600 gallons per year (source)
Clothes washing
machines
Residential clothes washing machine replacement with an Energy
Star labeled residential clothes washer (based on WRF average clothes
washer use and Energy Star estimated
percent savings)
Commercial clothes washing machine replacement with an Energy
Star labeled commercial clothes washer
45% less water than standard models
(source)
Dishwashers
Residential dishwasher replacement with an Energy Star labeled
residential dishwasher 8,400 gallons per year (source)
Commercial dishwasher replacement with an Energy Star labeled
commercial clothes washer 5,600 gallons per year (source)
Showerhead replacement with a WaterSense labeled showerhead
Faucet replacement or faucet accessory
accessory 700 gallons per year (source)
Outdoor water use
Irrigation system audit by an Irrigation Professional certified by a US EPA WaterSense
program
See report from Irrigation Professional
who conducted audit
controllers
(Met Council
strongly encourages an
irrigation system
audit before the installation of a
new smart
controller)
Irrigation controller replacement with a WaterSense labeled weather-based controller (this type of controller is most common) 7,600 gallons per year (source)
Irrigation controller replacement with a WaterSense labeled soil moisture-based controller 15,000 gallons per year (source)
Irrigation spray sprinkler body replacement with a WaterSense labeled spray sprinkler
body
(Met Council strongly encourages an irrigation system audit before the installation of new spray sprinkler bodies)
5,600 per year
(for an average household using
50,500 gallons outdoors, operating at
or above 60 pounds per square inch)
(source)
Turfgrass conversion/replacement to a low-input, drought-tolerant landscape at municipal
properties
(Municipal properties only)
Refer to municipality’s pre- and post-
replacement water use to calculate
water savings. If unable to measure
specific water use, municipality will
provide estimated annual water
savings with explanation of calculation.
Please note, the Met Council strongly encourages an irrigation system audit be conducted before the replacement of an irrigation controller
or spray sprinkler bodies. An initial audit ensures the user has information for proper set-up and operation of their irrigation system.
Quarterly reporting
Reporting requirements and payment process
Utilizing a reporting form provided by Met Council, the following information about each grant activity
must be reported on a quarterly basis:
• Property address and property type (residential, commercial, municipal)
• Low-income assistance (Y/N) (if applicable)
• Grant activity (device replacement, audit, or municipal turfgrass conversion)
• Brand/model info of new device
• Purchase date (must be on or after effective date of grant agreement)
• Cost per device/approved grant activity
• Number of devices/activities
• Rebate or grant per device
• Estimated annual gallons of water saved per device installation/approved grant activity
• Optional notes column for explaining water use calculations if different from those provided
• Municipality matching funds disbursed
• Number of unmet funding requests from property owners, if any
Municipalities are required to submit a signed and dated quarterly reporting form as well as a PDF(s) of
receipts corresponding to each entry in the quarterly reporting form.
Upon review and confirmation of the above information, Met Council will process a grant payment in the
amount of 80% of approved total rebates or grants for the reporting period (in cases where
municipalities have opted in to the low-income cost assistance element, the percent covered by Met
Council may exceed 80%).
Met Council will provide confirmation of grant balances available upon request and reserves the right to
amend grant agreements, in collaboration with grantee municipality, if quarterly reporting indicates
rebate or grant programs will not fully utilize grant awards within the grant period.
Determining estimated water savings
Annual water savings estimates may come from a variety of sources. Manufacturers may include water
savings estimates in their device descriptions or specifications, irrigation professionals report estimated
savings after performing an irrigation system audit, and some past participants of the WEGP have
calculated specific water savings estimates based on factors such as household size.
Unless a city has specifically calculated estimated water savings or is referring to manufacturer or audit
estimates, the recommended sources for estimated water savings are WaterSense and Energy Star.
Water savings estimates from WaterSense and Energy Star are included in the table of eligible grant
activities.
In quarterly reports, municipalities will be asked to note the source of their estimates if they different
from the estimates provided above. In the case of irrigation system audits and turfgrass conversion on
municipal properties, estimates have not been provided by Met Council as these metrics will be
calculated by an Irrigation Professional or the municipality, respectively. In any situation where it is
possible to report actual water savings, this is preferred.
3. Application process
Application requirements
The application window for the 2026-2028 Water Efficiency Grant Program will open on Friday, March
13, 2026. Applications are due by Monday, April 13, 2026. The application form will be available on the
Met Council website.
Required information in the application form includes:
o the municipality’s rebate or grant program design and work plan
o proposed examples of communications to property owners o requested total grant amount
o estimated annual amount of water saved by the applying municipality
• Application form is available at: https://metrocouncil.org/Wastewater-Water/Funding-
Finance/Available-Funding-Grants.aspx
• Submit competed application to: henry.mccarthy@metc.state.mn.us
• Metropolitan Council will notify municipalities of grant awards in approximately May 2026
Evaluating applications
Program proposals will be evaluated based on the answers provided in the application form as well as
the attached work plan. Strong applications will include clear answers to the questions in the application
form and a thoughtful work plan that outlines strategies for structuring, administering, and promoting (if
applicable) the program. For municipalities intending to conduct grant activities on municipal property,
applications should include intended plans for device/landscape installation and estimated hours/cost of
labor (whether being done by the municipality or a contractor).
In the event that funds requested exceed funds available, the following criteria will be used to determine
the amount granted to a given municipality:
• Municipal residential per capita water use
• Municipal ratio of peak month to winter month water use
• Estimated water savings from proposed program
Additionally, municipalities may be asked to provide additional information and/or be awarded less than
their requested grant amount if their application is lacking detail, a clear work plan, etc. In future grant
cycles, a past participant’s record of spending down their award may be used to inform award amounts.
EXHIBIT C: Grant amendment form
Revision #
METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES
2026-2028 CLEAN WATER FUND WATER EFFICIENCY GRANT PROGRAM
GRANT AMENDMENT FORM
NOTICE TO RECIPIENT: Submission of this form is required to modify the Maximum Grant Amount in
your Grant Agreement with Metropolitan Council 2026-2028 Clean Water Fund Water Efficiency Grant Program (Grant Program).
After determination of your municipality’s Maximum Grant Amount, completion and submission of this form
is necessary when 1) you are requesting additional grant funds to meet unexpected rebate or grant demand, or
2) when your municipality has determined that the previously approved program’s rebate or grant demand will not be met, requiring less grant funds than anticipated when the agreement was signed, or 3) when your municipality wishes to substantially change the structure of its program from what was described in the application form and the work plan supplied in the application form.
The process for modifying your Grant Agreement is as follows:
1. Your municipality’s authorized representative submits one signed copy of Exhibit C to the Met Council, with any additional information requested by Met Council. 2. Upon receipt and any Met Council approval of signed Exhibit C, the Met Council’s authorized
representative will obtain Met Council authorized signatures returns a fully executed copy of Exhibit
C indicating the new Maximum Grant Amount to Municipality’s designated authorized representative.
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Instructions: Indicate the date of your change request in #1 box. Indicate the number of this particular change
request in #2 box (and in box at top of page – must match). Enter the current grant agreement amount (as
Met Council approved) in #3 box. If you wish to increase your municipality’s grant amount, enter the amount
you are requesting in #4 box. If you wish to decrease your grant amount due to less demand than
anticipated, enter the amount in #5 box. Enter in #6 box the amount derived from adding #3 to #4 or derived from
subtracting #5 from #3. If you do not wish to modify your municipality’s Maximum Grant Amount, leave
boxes #4, #5, and #6 blank or enter “N/A.” If you wish to secure approval for changes to the scope of the approved project in the Water Efficiency Grant Program application form, please document the reasons for the amendment in box #7. Please specify what changes are desired in box #8. Please note that all other requirements as found in the Grant Agreement continue to apply.
Grant Agreement #
7. Reasons for modifying program structure:
8. Proposed changes to program structure:
MUNICIPALITY NAME:_________________________________________________________________
MUNICIPALITY AUTHORIZED REPRESENTATIVE (signature and date):
______________________________________________________________________________________
METROPOLITAN COUNCIL PROGRAM ADMINISTRATOR APPROVAL (signature and date):
______________________________________________________________________________________
METROPOLITAN COUNCIL AUTHORIZED SIGNATURE AND DATE
______________________________________________________________________________________
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Questions may be directed to the Met Council Authorized Representative:
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.U.
Department: Public Works / Engineering – Adam Gadbois
ITEM DESCRIPTION
Approve a Professional Services Agreement with SRF for the 2026 Traffic Signal Improvements
(IC 26803).
REQUESTED ACTION
Move to: Approve a Professional Services Agreement with SRF for the 2026 Traffic Signal
Improvements in the amount of $61,000.00.
SUMMARY
The City owns, operates, and maintains 20 traffic signals. Seven of the signals have cabinets that
are approaching the end of their useful life. The Capital Improvement Plan provides an Annual
Signal Operations and Improvement project that funds the replacement of aging traffic signal
cabinets, with the goal of replacing two per year.
In addition, seven of the traffic signals are scheduled to be retrofitted to allow for Flashing
Yellow Arrow functionality with the goal of minimizing delays and enhancing safety by reducing
driver errors.
Through this Professional Services Agreement, SRF will produce plans and specifications for
these seven signals. City staff will then obtain quotes for construction of these improvements
over the next three to four years as budget allows.
This cost will be funded by the Transportation Fund as identified in the Annual Signal Operations
and Improvements project in the 2025-2034 CIP.
ATTACHMENTS
Attachment 1 - Agreement
(rev. 4/2026)
Standard Agreement for Professional Services
This Agreement for Professional Services (“Agreement”) is made on this 16th day of June, 2026,
between the City of Eden Prairie, Minnesota, a municipal corporation (“City”), whose business
address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc., a
Minnesota Corporation (“Consultant”) whose business address is 3701 West Wayzata
Boulevard, Suite 100, Minneapolis, MN 55416.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose
of this Agreement is to set forth the terms and conditions for the provision of professional
services by Consultant for design of the 2026 Traffic Signal Improvements hereinafter referred
to as the “Work.”
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A (SRF Letter Dated June 7, 2026) in connection with the Work. Exhibit A is
intended to be the scope of service for the work of the Consultant. Any general or
specific conditions, terms, agreements, consultant or industry proposal, or contract
terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted
and will not be in effect in any manner.
2. Term. The term of this Agreement will be from June 16, 2026 through November 30,
2026, the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as
they deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $61,000.00 for the services as described in
Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant will require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written
authorization.
Page 2 of 13 (rev. 4/2026)
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by
the City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God,
governmental actions, actions of a third party, or actions or inactions of City, the
time for performance will be extended by a period of time lost by reason of the
delay. Consultant will be entitled to payment for its reasonable additional
charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City will obtain access to and make all provisions for the
Consultant to enter upon public and private lands or property as required for the
Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant’s Work. The City will give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and will inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City will furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may
be required in the preparation of the Work for the Project.
d. City’s Representative. The City will appoint a representative with respect to the
work to be performed under this Agreement. The City representative will have
complete authority to transmit instructions, receive information, interpret, and
define the City’s policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by
this Agreement.
5. Method of Payment. The Consultant will submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted will be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant must
indicate for each employee, his or her name, job title, the number of hours
worked, rate of pay for each employee, a computation of amounts due for each
employee, and the total amount due for each project task. Consultant must
Page 3 of 13 (rev. 4/2026)
verify all statements submitted for payment in compliance with Minnesota
Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for
in Exhibit A, the Consultant must provide an itemized listing and such
documentation as reasonably required by the City. Each invoice must contain the
City’s project number and a progress summary showing the original (or
amended) amount of the contract, current billing, past payments, and
unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in
whole or in part by the City, the Consultant will be paid for any services set forth
on Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items only when
authorized in writing by the City.
d. Claims. By making the claim for payment, the person making the claim is
declaring that the account, claim, or demand is just and correct and that no part
of it has been paid.
6. Project Manager and Staffing. The Consultant must designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on
the Project. The Project Manager will be assisted by other staff members as necessary
to facilitate the completion of the Work in accordance with the terms established
herein. Consultant may not remove or replace the Project Manager without the
approval of the City.
7. Standard of Care. Consultant must exercise the same degree of care, skill, and diligence
in the performance of its services as is ordinarily exercised by members of the
profession under similar circumstances in Hennepin County, Minnesota. Consultant will
be liable to the fullest extent permitted under applicable law, without limitation, for any
injuries, loss, or damages proximately caused by Consultant’s breach of this standard of
care. Consultant must put forth reasonable efforts to complete its duties in a timely
manner. Consultant will not be responsible for delays caused by factors beyond its
control or that could not be reasonably foreseen at the time of execution of this
Contract. Consultant will be responsible for costs, delays or damages arising from
unreasonable delays in the performance of its duties.
8. Termination. This Agreement may be terminated by either party upon seven (7) days’
written notice delivered to the other party at the address written above. Upon
termination, if there is no fault of the Consultant, the Consultant will be paid for services
rendered and reimbursable expenses until the effective date of termination. If the City
terminates the Agreement because the Consultant has failed to perform in accordance
Page 4 of 13 (rev. 4/2026)
with this Agreement, no further payment will be made to the Consultant, and the City
may retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant may not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express
written consent of the City. The Consultant must pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant’s receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant must pay
interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per
month or any part of a month. The minimum monthly interest penalty payment for an
unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the
Consultant must pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the
Consultant will be awarded its costs and disbursements, including attorney’s fees,
incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it
deems necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who will be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) will have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No
statement herein may be construed so as to find the Consultant an employee of the
City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant must procure, maintain,
and pay for such insurance as will protect against claims or loss which may arise
out of operations by Consultant or by any subcontractor or by anyone employed
by any of them or by anyone for whose acts any of them may be liable. Such
insurance must include, but not be limited to, minimum coverages and limits of
liability specified in this paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance
meeting all the requirements of this paragraph, and Consultant must include in
its contract with subcontractors the requirement that the City be listed as an
additional insured on insurance required from subcontractors. In such case, prior
to a subcontractor performing any Work covered by this Agreement, Consultant
must: (i) provide the City with a certificate of insurance issued by the
subcontractor’s insurance agent indicating that the City is an additional insured
on the subcontractor’s insurance policy; and (ii) submit to the City a copy of
Page 5 of 13 (rev. 4/2026)
Consultant’s agreement with the subcontractor for purposes of the City’s review
of compliance with the requirements of this paragraph.
c. Consultant must procure and maintain the following minimum insurance
coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy must be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance
must cover liability arising from premises, operations, independent contractors,
products-completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract). There may be no endorsement or modification
of the Commercial General Liability form arising from pollution, explosion,
collapse, underground property damage, or work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above,
Consultant must maintain a professional liability insurance policy in the amount
of $2,000,000. Said policy need not name the City as an additional insured.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is
not available.
Page 6 of 13 (rev. 4/2026)
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, must name the “City of Eden Prairie” as an
additional insured including products and completed operations.
h. All policies, except the Professional Liability Policy, must apply on a “per project”
basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
must contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, must be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy and the Professional
Liability Policy, must insure the defense and indemnity obligations assumed by
Consultant under this Agreement. The Professional Liability policy must insure
the indemnity obligations assumed by Consultant under this Agreement except
with respect to the liability for loss or damage resulting from the negligence or
fault of anyone other than the Consultant or others for whom the Consultant is
legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term
of the Agreement and for a minimum of two (2) years following City’s written
acceptance of the Work.
m. It is Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies must contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications
added, without thirty (30) days’ prior notice to the City, except that if the
cancellation or non-renewal is due to non-payment, the coverages may not be
terminated or non-renewed without ten (10) days’ prior notice to the City.
o. Consultant must maintain in effect all insurance coverages required under this
paragraph at Consultant’s sole expense and with insurance companies licensed
to do business in the state in Minnesota and having a current A.M. Best rating of
no less than A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this paragraph must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance
declaration page, rider, and/or endorsement, as applicable must be provided.
Such documents evidencing Insurance must be in a form acceptable to City and
must provide satisfactory evidence that Consultant has complied with all
Page 7 of 13 (rev. 4/2026)
insurance requirements. Renewal certificates must be provided to City prior to
the expiration date of any of the required policies. City will not be obligated,
however, to review such Certificate of Insurance declaration page, rider,
endorsement or certificates or other evidence of insurance, or to advise
Consultant of any deficiencies in such documents and receipt thereof will not
relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine
any policy provided for under this paragraph.
q. If Consultant fails to provide the specified insurance, then Consultant will defend,
indemnify, and hold harmless the City, the City's officials, agents and employees
from any loss, claim, liability, and expense (including reasonable attorney's fees
and expenses) to the extent necessary to afford the same protection as would
have been provided by the specified insurance. Except to the extent prohibited by
law, this indemnity applies regardless of any strict liability or negligence
attributable to the City (including sole negligence) and regardless of the extent to
which the underlying occurrence (i.e., the event giving rise to a claim which would
have been covered by the specified insurance) is attributable to the negligent or
otherwise wrongful act or omission (including breach of contract) of Consultant,
its subcontractors, agents, employees or delegates. Consultant agrees that this
indemnity will be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity,
then the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all
applicable statutes of limitation have run.
r. If a claim arises within the scope of the stated indemnity, the City may require
Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant’s insurance company.
Consultant will take the action required by the City within fifteen (15) days of
receiving notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages,
costs and expenses, including a reasonable amount as and for its attorney’s fees paid,
incurred or for which it may be liable resulting from any breach of this Agreement by
Consultant, its agents, contractors and employees, or any negligent or intentional act or
omission performed, taken or not performed or taken by Consultant, its agents,
contractors and employees, relative to this Agreement. Notwithstanding the foregoing,
Page 8 of 13 (rev. 4/2026)
Consultant’s obligation to defend the City will not apply to claims covered by
Consultant’s professional liability insurance. City will indemnify and hold Consultant
harmless from and against any loss for injuries or damages arising out of the negligent
acts of the City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and
the Consultant also may use the Information for its purposes. Use of the Information for
the purposes of the project contemplated by this Agreement (“Project”) does not
relieve any liability on the part of the Consultant, but any use of the Information by the
City or the Consultant beyond the scope of the Project is without liability to the other,
and the party using the Information agrees to defend and indemnify the other from any
claims or liability resulting therefrom.
14. ADA Title II Compliance for Digital Content. The following provisions apply only to the
extent Consultant’s obligations under this Agreement require it to produce content that
will be posted on the City’s website or digital apps.
a. Compliance with Accessibility Laws. Consultant must ensure that all digital
content, documents, materials, deliverables, and services produced under this
Agreement that are intended for publication on, or integration with, the City’s
public-facing website (collectively, “Digital Content”) comply with all applicable
federal, state, and local accessibility laws and regulations, including, but not
limited to, the Americans with Disabilities Act (ADA), Title II, and its
implementing regulations (28 C.F.R. Part 35).
b. Accessibility Standards. At a minimum, all Digital Content must conform to the
Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent
version adopted by the City or required by applicable law. This includes, but is
not limited to, content such as documents, images, videos, audio, maps, and
interactive features.
c. Maps and Non-Accessible Content. To the extent Consultant produces map-
based, GIS, or other inherently visual or technically constrained content that
cannot be made fully accessible, Consultant must:
i. notify the City in writing in advance;
ii. provide a detailed explanation of the accessibility limitations; and
iii. supply equivalent alternative formats, data, or descriptions sufficient to
enable the City to provide meaningful access to individuals with disabilities in
compliance with ADA Title II.
Page 9 of 13 (rev. 4/2026)
15. Mediation. Each dispute, claim or controversy arising from or related to this Agreement
is subject to mediation as a condition precedent to the initiation of any legal or
equitable proceeding by either party. The mediator will be selected by mutual
agreement of the parties, and the costs of mediation will be shared equally. Unless
otherwise agreed in writing, mediation will be held in the City of Eden Prairie. Any
resolution reached through mediation must be documented in a written mediated
settlement agreement, which will be binding on the parties and enforceable in any court
of competent jurisdiction.
General Terms And Conditions
16. Assignment. Neither party may assign this Agreement, nor any interest arising under
this Agreement, without the written consent of the other party.
17. Compliance with Laws and Regulations. In providing services under this Agreement, the
Consultant must abide by statutes, ordinances, rules, and regulations pertaining to the
services to be provided. Any violation of statutes, ordinances, rules, and regulations
pertaining to the services will constitute a material breach of this Agreement and entitle
the City to immediately terminate this Agreement.
18. Conflicts. No salaried officer or employee of the City and no member of the City Council
may have a financial interest, direct or indirect, in this Agreement. The violation of this
provision renders the Agreement void.
19. Counterparts. This Agreement may be executed in multiple counterparts, each of which
will be considered an original.
20. Damages. In the event of a breach of this Agreement by either party, the non-breaching
party will not be entitled to recover punitive, special, or consequential damages or
damages for loss of business.
21. Enforcement. The Consultant will reimburse the City for all costs and expenses incurred
by the City in enforcing any of its rights or remedies under this Agreement, whether
during the term of this Agreement or thereafter, including, without limitation,
reasonable attorneys’ fees.
22. Entire Agreement, Construction, Application, and Interpretation. This Agreement is
entered into in furtherance of the City’s public purpose mission and must be construed,
interpreted, and applied in accordance with that mission. This Agreement constitutes
the entire agreement between the parties and supersedes all prior and
contemporaneous oral or written agreements, negotiations, and understandings
relating to its subject matter. Any amendment, modification, deletion, or waiver of any
provision of this Agreement will be effective only if set forth in a written document
signed by both parties, unless otherwise expressly provided herein.
Page 10 of 13 (rev. 4/2026)
23. Governing Law. This Agreement will be governed by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant must
not discriminate against any employee or applicant for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation, gender identity, or age. The Consultant must
post in places available to employees and applicants for employment notices setting
forth the provision of this non-discrimination clause and stating that all qualified
applicants will receive consideration for employment. The Consultant must incorporate
the foregoing requirements of this paragraph in all its subcontracts for Work under this
Agreement, and must require all of its subcontractors for such work to incorporate such
requirements in all sub-subcontracts for Work. The Consultant further agrees to comply
with all aspects of the Minnesota Human Rights Act, Minnesota Statutes Chapter 363A,
Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given
in accordance with this Agreement if it is directed to either party by delivering it
personally to an officer of the party, or if mailed in a sealed wrapper by United States
registered or certified mail, return receipt requested, postage prepaid, or if deposited
cost paid with a nationally recognized, reputable overnight courier, properly addressed
to the address listed on page 1 hereof. Notices will be deemed effective on the earlier
of the date of receipt or the date of mailing or deposit, provided, however, that if notice
is given by mail or deposit, that the time for response to any notice by the other party
will 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 specified above, 10 days prior to the effective date of
such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder are in addition to and not a limitation of any
duties, obligations, rights, and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for under this Agreement will be honored by the City.
28. Severability. If any provision of this Agreement is held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, such determination will not affect
the validity or enforceability of the remaining provisions of this Agreement. The parties
intend that this Agreement be enforced to the fullest extent permitted under Minnesota
law, and any invalid, illegal, or unenforceable provision be deemed modified to the
minimum extent necessary to make it valid and enforceable, consistent with the parties’
original intent.
29. Statutory Provisions.
Page 11 of 13 (rev. 4/2026)
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Consultant
or other parties relevant to this Agreement are subject to examination by the
City and either the Legislative Auditor or the State Auditor for a period of six (6)
years after the effective date of this Agreement. This provision will survive the
completion or termination of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Consultant under this Agreement which the City
requests to be kept confidential, must not be made available to any individual or
organization without the City's prior written approval. This Agreement is subject
to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter
13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent
this Agreement requires Consultant 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 Consultant in
performing any of the functions of the City during performance of this
Agreement is subject to the requirements of the MGDPA and Consultant will
comply with those requirements as if it were a government entity. All
subcontracts entered into by Consultant in relation to this Agreement must
contain similar MGDPA compliance language. These obligations will survive the
completion or termination of the Agreement.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement will
not affect, in any respect, the validity of the remainder of this Agreement.
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Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
___________________________________
Mayor
___________________________________
City Manager
CONSULTANT
By: ________________________________
Its: _________________________________
Page 13 of 13 (rev. 4/2026)
EXHIBIT A
Quote/Proposal/Scope of Services
www.srfconsulting.com
3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010
Equal Employment Opportunity/Affirmative Action Employer
SRF Project No. 20069
June 5, 2026
EXHIBIT A
Adam Gadbois, PE
Assistant City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Subject: Proposal for Professional Services for Signal 12A, 14A, 15C, 16C, 16B, 16D, and 22A
Improvements
Eden Prairie, MN
Dear Adam:
Based on your request, SRF Consulting Group, Inc. (“SRF”) is pleased to submit this Proposal to
provide professional services for the signal design revisions for cabinet replacements and
flashing yellow arrow (FYA) installations at the following intersections:
• 12A Valley View Rd/Washington Ave
• 14A Prairie Center Dr/W 78th St
• 15C Technology Dr/Southwest Transit Station
• 16C Mitchell Rd/Lone Oak Rd
• 16B Mitchell Rd/Technology Dr
• 16D Mitchell Rd/Anderson Lakes Pkwy
• 22A Anderson Lakes Pkwy/Columbine Rd
The FYA installations will be based on the City of Eden Prairie Flashing Yellow Arrow Retrofit
Evaluation Study Update dated July 11, 2025, as well as previous discussion with the City that
indicates FYA can be installed at 16B – Mitchell Road/Technology Drive.
Scope of Services
SRF proposes to carry out the services described as follows:
• PS&E
o A single construction package for the cabinet replacements, FYA installs, and fiber
connections at the following intersections:
▪ 12A Valley View Rd/Washington Ave
▪ 14A Prairie Center Dr/W 78th St
▪ 15C Technology Dr/Southwest Transit Station
▪ 16C Mitchell Rd/Lone Oak Rd
▪ 16B Mitchell Rd/Technology Dr
2026 FYA Design and Operations June 5, 2026
Page 2 of 3
▪ 16D Mitchell Rd/Anderson Lakes Pkwy
▪ 22A Anderson Lakes Pkwy/Columbine Rd
o Package includes revisions plans, and Division SS specs.
o Division SS specs will include one document for all intersections.
o One site visits to identify if the existing foundation for the signal cabinet and service
cabinet can accommodate the battery backup service cabinet or if a pad extension is
required.
o Engineer’s estimate for each intersection.
o Plan revisions will be done via redlines on PDFs.
• Signal Operations
o Assume the installations and upgrades will occur over a period of up to four years.
o Collect updated 13-hour turning movement counts at up to four intersections (12A
Valley View Rd/Washington Ave, 16C Mitchell Rd/Lone Oak Rd, 16B Mitchell
Rd/Technology Dr, 16D Mitchell Rd/Anderson Lakes Pkwy). These will be collected
concurrently in 2026.
o Development of Yellow and All Red times for new phases.
o Develop FYA phasing mode decision spreadsheet for each intersection.
o Update coordinated timings for each intersection based on FYA and TOD phasing mode
decisions.
o Program updated coordinated timings via City’s AI Glace or front panel.
o Observe and adjust timings in the field over four days of observations. One day for each
installation group, over a period up to four years.
Assumptions
The scope of work will be completed based on the following assumptions:
• City will complete and include bidding forms, and front end specifications boiler plates
for each specific construction package.
• No detailed traffic control plans, new foundations, APS, or detection revisions.
• Fiber will tie into an adjacent handhole; no re-running existing fiber or fiber schematics.
• One Division SS specs document. City will modify for specific future construction
packages.
• No direct coordination with signal equipment vendors or contractors.
• No direct coordination with signal equipment vendors or contractors.
• No construction support.
2026 FYA Design and Operations June 5, 2026
Page 3 of 3
Basis of Payment/Budget
Based on SRF’s understanding of the project and our Scope of Services, the estimated the cost
for this Proposal is $61,000, which includes both time and expenses.
We appreciate your consideration of this Proposal and look forward to working with you on this
project. Please feel free to contact us if you have any questions or need additional information.
Sincerely,
SRF Consulting Group, Inc.
Philip Kulis, PE, PTOE, RSP2I Edwin Jarquin, PE, PTOE
Project Director – Traffic Operations Project Lead – Traffic Design
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost
estimate after 90 days from the date of this proposal.
2026 EP FYA Design and Operations Proposal.docx
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Agenda
Item Number: VII.V.
Department: Public Works/Utilities – Rick Wahlen, Utilities Division Manager
ITEM DESCRIPTION
Approve Professional Services Agreement with HydroCorp, Inc. for Backflow Prevention
Management Services.
REQUESTED ACTION
Move to: Approve a Professional Services Agreement for Backflow Prevention Device Inspection
and Management Services with HydroCorp, Inc. in the amount of $44,480.95.
SUMMARY
Synopsis
This professional services agreement provides for the ongoing management of the tracking of
annual serviceability testing and repairs of hundreds of backflow protection devices in use
throughout the community. It also includes site visits to finalize the City’s inventory and to
perform periodic spot checks of non-compliant or high-hazard systems.
Background Information
Minnesota Rules 4720.0025 require all public water suppliers to eliminate unprotected cross-
connections between the drinking water system and potential sources of contamination. To
fulfill this requirement, the City must first know where these potential sources are and then
track the ongoing testing and maintenance of backflow prevention appliances designed to
safeguard drinking water. This agreement with a nationally renowned firm specializing in
managing backflow prevention devices for municipalities ensures the City’s hundreds of cross-
connection opportunities are sufficiently protected from being neglected. The source of
funding for this project is available in the water utility enterprise fund.
ATTACHMENTS
Contract
Backflow Prevention Program Description
(rev. 4/2026)
Standard Agreement for Professional Services
This Agreement for Professional Services (“Agreement”) is made on this _16th_ day of _June_,
20_26_, between the City of Eden Prairie, Minnesota, a municipal corporation (“City”), whose
business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _HydroCorp, Inc._, a
Michigan _corporation_ (“Consultant”) whose business address is _5700 Crooks Road, Suite
100, Troy, Michigan 48098_.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose
of this Agreement is to set forth the terms and conditions for the provision of professional
services by Consultant for_Community Backflow Prevention Management Services_ hereinafter
referred to as the “Work.”
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A ( Scope of Services ) in connection with the Work. Exhibit A is intended to be
the scope of service for the work of the Consultant. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a
part of Exhibit A are declined in full and, accordingly, are deleted and will not be in
effect in any manner.
2. Effective Date and Term of Agreement. This Agreement will become effective as of
_June_ _16_, 20_26_. The Agreement will continue for one (1) year thereafter, and
automatically renew from year to year after expiration of said one year period, except
that this Agreement may be terminated at the end of any one (1) year period with sixty
(60) days prior written notice from either party.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 44,480.95 for the services as described in
Exhibit A.
a. Fees for subsequent years (year 2 through year 5) shall be at the rate set forth in
paragraph 1.15 of Exhibit A.
b. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant will require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
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additional compensation for services that do not have prior written
authorization.
c. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by
the City.
d. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God,
governmental actions, actions of a third party, or actions or inactions of City, the
time for performance will be extended by a period of time lost by reason of the
delay. Consultant will be entitled to payment for its reasonable additional
charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City will obtain access to and make all provisions for the
Consultant to enter upon public and private lands or property as required for the
Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant’s Work. The City will give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and will inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City will furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may
be required in the preparation of the Work for the Project.
d. City’s Representative. The City will appoint a representative with respect to the
work to be performed under this Agreement. The City representative will have
complete authority to transmit instructions, receive information, interpret, and
define the City’s policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by
this Agreement.
5. Method of Payment. The Consultant will submit to the City, on an annual basis, an
invoice for professional services performed under this Agreement. Invoices submitted
will be paid in the same manner as other claims made to the City for:
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a. Progress Payment. For work reimbursed on an hourly basis, the Consultant must
indicate for each employee, his or her name, job title, the number of hours
worked, rate of pay for each employee, a computation of amounts due for each
employee, and the total amount due for each project task. Consultant must
verify all statements submitted for payment in compliance with Minnesota
Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for
in Exhibit A, the Consultant must provide an itemized listing and such
documentation as reasonably required by the City. Each invoice must contain the
City’s project number and a progress summary showing the original (or
amended) amount of the contract, current billing, past payments, and
unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in
whole or in part by the City, the Consultant will be paid for any services set forth
on Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items only when
authorized in writing by the City.
d. Claims. By making the claim for payment, the person making the claim is
declaring that the account, claim, or demand is just and correct and that no part
of it has been paid.
6. Project Manager and Staffing. The Consultant must designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on
the Project. The Project Manager will be assisted by other staff members as necessary
to facilitate the completion of the Work in accordance with the terms established
herein. Consultant may not remove or replace the Project Manager without the
approval of the City.
7. Standard of Care. Consultant must exercise the same degree of care, skill, and diligence
in the performance of its services as is ordinarily exercised by members of the
profession under similar circumstances in Hennepin County, Minnesota. Consultant will
be liable to the fullest extent permitted under applicable law, without limitation, for any
injuries, loss, or damages proximately caused by Consultant’s breach of this standard of
care. Consultant must put forth reasonable efforts to complete its duties in a timely
manner. Consultant will not be responsible for delays caused by factors beyond its
control or that could not be reasonably foreseen at the time of execution of this
Contract. Consultant will be responsible for costs, delays or damages arising from
unreasonable delays in the performance of its duties.
8. Termination. This Agreement may be terminated by either party effective upon written
notice to the other Party (the “Defaulting Party”), if the Defaulting Party: (i) breaches
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this Agreement, and such breach is incapable of cure, or with respect to a breach
capable of cure, the Defaulting Party does not cure such breach within thirty (30) days
after receipt of written notice of such breach; (ii) becomes insolvent or admits its
inability to pay its debts generally as they become due; (iii) becomes subject, voluntarily
or involuntarily, to any proceeding under any domestic or foreign bankruptcy or
insolvency law, which is not fully stayed within seven (7) business days or is not
dismissed or vacated within forty-five (45) days after filing; (iv) is dissolved or liquidated
or takes any corporate action for such purpose; (v) makes a general assignment for the
benefit of creditors; or (vi) has a receiver, trustee, custodian, or similar agent appointed
by order of any court of competent jurisdiction to take charge of or sell any material
portion of its property or business. Upon termination under this provision the
Consultant shall be paid for services rendered and reimbursable expenses until the
effective date of termination. If however, the City terminates the Agreement because
the Consultant has failed to perform in accordance with this Agreement, no further
payment shall be made to the Consultant, and the City may retain another consultant to
undertake or complete the Work identified herein.
9. Subcontractor. The Consultant may not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express
written consent of the City. The Consultant must pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant’s receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant must pay
interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per
month or any part of a month. The minimum monthly interest penalty payment for an
unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the
Consultant must pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the
Consultant will be awarded its costs and disbursements, including attorney’s fees,
incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it
deems necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who will be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) will have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No
statement herein may be construed so as to find the Consultant an employee of the
City.
11. Insurance.
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a. General Liability. Prior to starting the Work, Consultant must procure, maintain,
and pay for such insurance as will protect against claims or loss which may arise
out of operations by Consultant or by any subcontractor or by anyone employed
by any of them or by anyone for whose acts any of them may be liable. Such
insurance must include, but not be limited to, minimum coverages and limits of
liability specified in this paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance
meeting all the requirements of this paragraph, and Consultant must include in
its contract with subcontractors the requirement that the City be listed as an
additional insured on insurance required from subcontractors. In such case, prior
to a subcontractor performing any Work covered by this Agreement, Consultant
must: (i) provide the City with a certificate of insurance issued by the
subcontractor’s insurance agent indicating that the City is an additional insured
on the subcontractor’s insurance policy; and (ii) submit to the City a copy of
Consultant’s agreement with the subcontractor for purposes of the City’s review
of compliance with the requirements of this paragraph.
c. Consultant must procure and maintain the following minimum insurance
coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
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d. Commercial General Liability. The Commercial General Liability Policy must be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance
must cover liability arising from premises, operations, independent contractors,
products-completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract). There may be no endorsement or modification
of the Commercial General Liability form arising from pollution, explosion,
collapse, underground property damage, or work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above,
Consultant must maintain a professional liability insurance policy in the amount
of $2,000,000. Said policy need not name the City as an additional insured.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is
not available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, must name the “City of Eden Prairie” as an
additional insured including products and completed operations.
h. All policies, except the Professional Liability Policy, must apply on a “per project”
basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
must contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, must be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy and the Professional
Liability Policy, must insure the defense and indemnity obligations assumed by
Consultant under this Agreement. The Professional Liability policy must insure
the indemnity obligations assumed by Consultant under this Agreement except
with respect to the liability for loss or damage resulting from the negligence or
fault of anyone other than the Consultant or others for whom the Consultant is
legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term
of the Agreement and for a minimum of two (2) years following City’s written
acceptance of the Work.
m. It is Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
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n. All policies must contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications
added, without thirty (30) days’ prior notice to the City, except that if the
cancellation or non-renewal is due to non-payment, the coverages may not be
terminated or non-renewed without ten (10) days’ prior notice to the City.
o. Consultant must maintain in effect all insurance coverages required under this
paragraph at Consultant’s sole expense and with insurance companies licensed
to do business in the state in Minnesota and having a current A.M. Best rating of
no less than A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this paragraph must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance
declaration page, rider, and/or endorsement, as applicable must be provided.
Such documents evidencing Insurance must be in a form acceptable to City and
must provide satisfactory evidence that Consultant has complied with all
insurance requirements. Renewal certificates must be provided to City prior to
the expiration date of any of the required policies. City will not be obligated,
however, to review such Certificate of Insurance declaration page, rider,
endorsement or certificates or other evidence of insurance, or to advise
Consultant of any deficiencies in such documents and receipt thereof will not
relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine
any policy provided for under this paragraph.
q. If Consultant fails to provide the specified insurance, then Consultant will defend,
indemnify, and hold harmless the City, the City's officials, agents and employees
from any loss, claim, liability, and expense (including reasonable attorney's fees
and expenses) to the extent necessary to afford the same protection as would
have been provided by the specified insurance. Except to the extent prohibited by
law, this indemnity applies regardless of any strict liability or negligence
attributable to the City (including sole negligence) and regardless of the extent to
which the underlying occurrence (i.e., the event giving rise to a claim which would
have been covered by the specified insurance) is attributable to the negligent or
otherwise wrongful act or omission (including breach of contract) of Consultant,
its subcontractors, agents, employees or delegates. Consultant agrees that this
indemnity will be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity,
then the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all
applicable statutes of limitation have run.
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r. If a claim arises within the scope of the stated indemnity, the City may require
Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant’s insurance company.
Consultant will take the action required by the City within fifteen (15) days of
receiving notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages,
costs and expenses, including a reasonable amount as and for its attorney’s fees paid,
incurred or for which it may be liable resulting from any breach of this Agreement by
Consultant, its agents, contractors and employees, or any negligent or intentional act or
omission performed, taken or not performed or taken by Consultant, its agents,
contractors and employees, relative to this Agreement. Notwithstanding the foregoing,
Consultant’s obligation to defend the City will not apply to claims covered by
Consultant’s professional liability insurance. City will indemnify and hold Consultant
harmless from and against any loss for injuries or damages arising out of the negligent
acts of the City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and
the Consultant also may use the Information for its purposes. Use of the Information for
the purposes of the project contemplated by this Agreement (“Project”) does not
relieve any liability on the part of the Consultant, but any use of the Information by the
City or the Consultant beyond the scope of the Project is without liability to the other,
and the party using the Information agrees to defend and indemnify the other from any
claims or liability resulting therefrom.
14. ADA Title II Compliance for Digital Content. The following provisions apply only to the
extent Consultant’s obligations under this Agreement require it to produce content that
will be posted on the City’s website or digital apps.
a. Compliance with Accessibility Laws. Consultant must ensure that all digital
content, documents, materials, deliverables, and services produced under this
Agreement that are intended for publication on, or integration with, the City’s
public-facing website (collectively, “Digital Content”) comply with all applicable
federal, state, and local accessibility laws and regulations, including, but not
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limited to, the Americans with Disabilities Act (ADA), Title II, and its
implementing regulations (28 C.F.R. Part 35).
b. Accessibility Standards. At a minimum, all Digital Content must conform to the
Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent
version adopted by the City or required by applicable law. This includes, but is
not limited to, content such as documents, images, videos, audio, maps, and
interactive features.
c. Maps and Non-Accessible Content. To the extent Consultant produces map-
based, GIS, or other inherently visual or technically constrained content that
cannot be made fully accessible, Consultant must:
i. notify the City in writing in advance;
ii. provide a detailed explanation of the accessibility limitations; and
iii. supply equivalent alternative formats, data, or descriptions sufficient to
enable the City to provide meaningful access to individuals with disabilities in
compliance with ADA Title II.
15. Mediation. Each dispute, claim or controversy arising from or related to this Agreement
is subject to mediation as a condition precedent to the initiation of any legal or
equitable proceeding by either party. The mediator will be selected by mutual
agreement of the parties, and the costs of mediation will be shared equally. Unless
otherwise agreed in writing, mediation will be held in the City of Eden Prairie. Any
resolution reached through mediation must be documented in a written mediated
settlement agreement, which will be binding on the parties and enforceable in any court
of competent jurisdiction.
General Terms And Conditions
16. Assignment. Neither party may assign this Agreement, nor any interest arising under
this Agreement, without the written consent of the other party.
17. Compliance with Laws and Regulations. In providing services under this Agreement, the
Consultant must abide by statutes, ordinances, rules, and regulations pertaining to the
services to be provided. Any violation of statutes, ordinances, rules, and regulations
pertaining to the services will constitute a material breach of this Agreement and entitle
the City to immediately terminate this Agreement.
18. Conflicts. No salaried officer or employee of the City and no member of the City Council
may have a financial interest, direct or indirect, in this Agreement. The violation of this
provision renders the Agreement void.
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19. Counterparts. This Agreement may be executed in multiple counterparts, each of which
will be considered an original.
20. Damages. In the event of a breach of this Agreement by either party, the non-breaching
party will not be entitled to recover punitive, special, or consequential damages or
damages for loss of business.
21. Enforcement. The Consultant will reimburse the City for all costs and expenses incurred
by the City in enforcing any of its rights or remedies under this Agreement, whether
during the term of this Agreement or thereafter, including, without limitation,
reasonable attorneys’ fees.
22. Entire Agreement, Construction, Application, and Interpretation. This Agreement is
entered into in furtherance of the City’s public purpose mission and must be construed,
interpreted, and applied in accordance with that mission. This Agreement constitutes
the entire agreement between the parties and supersedes all prior and
contemporaneous oral or written agreements, negotiations, and understandings
relating to its subject matter. Any amendment, modification, deletion, or waiver of any
provision of this Agreement will be effective only if set forth in a written document
signed by both parties, unless otherwise expressly provided herein.
23. Governing Law. This Agreement will be governed by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant must
not discriminate against any employee or applicant for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation, gender identity, or age. The Consultant must
post in places available to employees and applicants for employment notices setting
forth the provision of this non-discrimination clause and stating that all qualified
applicants will receive consideration for employment. The Consultant must incorporate
the foregoing requirements of this paragraph in all its subcontracts for Work under this
Agreement, and must require all of its subcontractors for such work to incorporate such
requirements in all sub-subcontracts for Work. The Consultant further agrees to comply
with all aspects of the Minnesota Human Rights Act, Minnesota Statutes Chapter 363A,
Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given
in accordance with this Agreement if it is directed to either party by delivering it
personally to an officer of the party, or if mailed in a sealed wrapper by United States
registered or certified mail, return receipt requested, postage prepaid, or if deposited
cost paid with a nationally recognized, reputable overnight courier, properly addressed
to the address listed on page 1 hereof. Notices will be deemed effective on the earlier
of the date of receipt or the date of mailing or deposit, provided, however, that if notice
is given by mail or deposit, that the time for response to any notice by the other party
will commence to run one business day after any such mailing or deposit. A party may
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change its address for the service of notice by giving written notice of such change to
the other party, in any manner specified above, 10 days prior to the effective date of
such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder are in addition to and not a limitation of any
duties, obligations, rights, and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for under this Agreement will be honored by the City.
28. Severability. If any provision of this Agreement is held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, such determination will not affect
the validity or enforceability of the remaining provisions of this Agreement. The parties
intend that this Agreement be enforced to the fullest extent permitted under Minnesota
law, and any invalid, illegal, or unenforceable provision be deemed modified to the
minimum extent necessary to make it valid and enforceable, consistent with the parties’
original intent.
29. Statutory Provisions.
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Consultant
or other parties relevant to this Agreement are subject to examination by the
City and either the Legislative Auditor or the State Auditor for a period of six (6)
years after the effective date of this Agreement. This provision will survive the
completion or termination of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Consultant under this Agreement which the City
requests to be kept confidential, must not be made available to any individual or
organization without the City's prior written approval. This Agreement is subject
to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter
13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent
this Agreement requires Consultant 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 Consultant in
performing any of the functions of the City during performance of this
Agreement is subject to the requirements of the MGDPA and Consultant will
comply with those requirements as if it were a government entity. All
subcontracts entered into by Consultant in relation to this Agreement must
contain similar MGDPA compliance language. These obligations will survive the
completion or termination of the Agreement.
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30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement will
not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
___________________________________
Mayor
___________________________________
City Manager
CONSULTANT
By: ________________________________
Its: _________________________________
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Chief Executive Officer
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EXHIBIT A
Scope of Services
HydroCorp™ (“Consultant”) will provide the following services to the City of Eden Prairie, MN (“City”). This project
is a continued effort for an ongoing Cross-Connection Control Program and will provide the City with the necessary
data and information to maintain compliance with the Minnesota Department of Health, Drinking Water
Protection Cross Connection Control Regulations. Once this project has been approved and accepted by the City
and Consultant, completion of the following elements will occur within a 60 month period. The components of the
project include:
1.1. Program Review and Program Start-up Meeting. Consultant will conduct a Program Startup
Meeting for the Cross-Connection Control/Backflow Prevention Program. Items for discussion/review will include
the following:
• Review state & local regulations
• Review and/or provide assistance in establishing local Cross-Connection Control Ordinance
• Review/establish wording and timeliness for program notifications including:
- Inspection Notice, Compliance Notice, Non-Compliance Notices 1-2, and Penalty Notices
- Testing Notices 1,2, and 3, if applicable
• Special Program Notices and Electronic use of notices/program information
• Obtain updated facility listing, address information and existing program data from Utility.
• Prioritize Inspections (Utility owned buildings, schools, high hazard facilities, special circumstances.)
• Review/establish procedure for vacant facilities.
• Establish facility inspection schedule.
• Review/establish procedures and protocols for addressing specific hazards.
• Review/establish high-hazard, complex facilities and large industrial facility inspection/containment
procedures including supplemental information/notification that may be requested from these types
of facilities in order to achieve program compliance.
• Review/establish program reporting procedures including electronic reporting tools, educational and
public awareness brochures
1.2. Inspections. Consultant will perform Non-Residential Interior initial inspections, compliance
inspections, and re-inspections at individual industrial, commercial, institutional facilities and miscellaneous water
users within the utility served by the public water supply for cross-connections. Inspections will be conducted in
accordance with the Minnesota Department of Health, Drinking Water Protection Cross Connection Control Rules.
1.3. Inspection Schedule. Consultant shall determine and coordinate the inspection schedule.
Inspection personnel will check in/out on a daily basis with the City contract manager. The initial check-in will
include a list of inspections scheduled. An exit interview will include a list of completed inspections .
1.4. Program Data. Consultant will generate and document the required program data for the Facility
Types listed in the Services using the Consultant’s Software Data Management Program. Program Data shall
remain property of City; however, Consultant’s Software Data Management program shall remain the property of
Consultant. View only and report capabilities are granted to City. Additional Services include:
(a) Prioritize and schedule inspections
(b) Notify users of inspections and backflow device installation/testing requirements, if
applicable
i. If applicable, Qualified Minnesota Backflow Preventer Testers will register via
HydroCorp Managed Software and be verified for current credentials prior to
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online test forms being accepted. Credential shall be maintained in HydroCorp
Software and updated by Consultant.
ii. Consultant will provide one webinar per year for qualified testers, initially
during the onboarding period of the agreement, and then annually during the
month of April to assist new testers with knowledge of the software sign-up and
utilization of the platform. Webinar shall be recorded and available for
customer use at any time.
iii. All testers are required to register & process results online
iv. Consultant does not accept test forms via fax, mail, or email from testers, water
customers, or City. However, new testers not yet introduced to the HydroCorp
Software who send a paper inspection form to the City, may be assisted in
registering in the software by Consultant following the City’s forwarding of the
company information and inspection form to HydroCorp’s specific client
representative assigned to the City.
(c) Monitor inspection compliance using Consultant’s online software management program
(d) Maintain the program to comply with all Minnesota Department of Health, Drinking Water
Protection regulations
(e) Provide data management and program notices for all inspection and testing (if applicable)
services throughout the term
1.5. Account Listing Information. City shall provide the following information to Consultant during
initial onboarding. Consultant will accept updates via standard account template no more often than once per
month. Any development work to enter facility listing in Consultant’s database will be charged at the rate of
$80.00 per hour. Incorrect facility addresses will be returned to the City and corrected address will be requested.
Information to include:
(a) Account Listing: City to provide accurate account listing of active non-residential water
customers with known backflow preventer assemblies.
(b) Account Listing Format: Account listing to be provided in Excel format only; Required
Account Information: Service Name, Service Street Address, Service City, Service State,
Service Zip, Mailing Name, Mailing Street Address, Mailing City, Mailing State, Mailing Zip.
(c) Required Device Information: Last Test Date, size, make, model, and serial number (if
applicable)
i. All previous test data must be provided in excel format. Consultant will not
accept paper tests for upload.
1.6. Cross Connection Control Plan and Review of Cross-Connection Control Ordinance. Consultant
will review and/or develop a comprehensive cross-connection control policy manual/plan and submit to the
appropriate regulatory agency for approval on behalf of City. Consultant will assist in the development of a cross-
connection control ordinance.
1.7. Public Relations Program. Consultant will assist City with a community-wide public relations
program, including general awareness brochures and website cross-connection control program content. The City
will provide Consultant with an electronic copy of the City’s logo and letterhead (300 dpi in either .eps, or other
high-quality image format).
1.8. Support. Consultant will provide ongoing support via phone, website, or email for the Term.
1.9. Facility Types. The facility types included in the program are as follows: industrial; institutional;
commercial; miscellaneous water users; and multifamily. Large industrial and high-hazard complexes or facilities
may require inspection/survey services outside the scope of this Agreement. Consultant typically allows a
maximum of up to three (3) hours of inspection time per facility. An independent cross-connection control survey
(at the business owner’s expense) may be required at these larger/complex facilities, and the results submitted to
City to help verify program compliance.
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1.10. Inspection Terms. Consultant will perform a maximum of 1,895.00 inspections over the Initial
Term. The total inspections include all initial inspections, compliance, and re-inspections. Additional Inspections
above the contract terms will be billed separately at a rate of $127.14. Consultant personnel will not enter
confined spaces. Vacant facilities that have been provided to Consultant, scheduled no show, or refusal of
inspection will count as an inspection/site visit for purposes of the contract.
1.11. Backflow Testing Fee. City authorizes Consultant to set up and collect a fee for all submitted
backflow tests, regardless of passing or failing. Fee shall be set at twenty-five ($25.00) dollars per year. Consultant
shall keep two (2.00) dollars per submitted test and remit to City remaining amount per test submitted quarterly.
City shall have the ability to request a change in the submitted backflow test fee if both parties agree.
1.12. Compliance with Minnesota Department of Health, Drinking Water Protection . Consultant will
assist in compliance with Minnesota Department of Health, Drinking Water Protection cross-connection control
program requirements for all commercial, industrial, institutional, residential, multifamily, and public authority
facilities.
1.13. Inventory. Consultant shall inventory all accessible (ground level) backflow prevention assemblies
and devices. If backflow prevention assemblies and devices are discovered in inaccessible areas, Consultant will
coordinate with the property owner and the owner’s device testing/repair contractor to complete the inventory of
these items and facilitate the ongoing testing and repair of these hard-to-reach systems in the same manner as
accessible systems are managed. Documentation will include: location, size, make, model, and serial number (if
applicable).
1.14. Annual Year-End Review. Consultant will conduct an on-site annual or year-end review meeting
to discuss the overall program status and specific program recommendations.
1.15. Annual Fees for Contract Term.
The above services will be provided for:
Year Annual Amount
Year 1 $44,480.95
Year 2 $46,260.19
Year 3 $48,110.60
Year 4 $50,035.02
Year 5 $52,036.42
Contract Total $240,923.18
Each Annual Contract Amount shall renew in 12-month increments after initial term unless written cancellation by
either party received at least 60 days prior to renewal. Consultant will invoice the City Annually.
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Backflow Prevention Program Overview; City of Eden Prairie – 5-Year Plan
What Is the Issue? Backflow occurs when contaminated water flows backward into the
drinking water system due to pressure changes or improper plumbing connections (cross-
connections). These risks are often invisible and can occur in everyday systems including
irrigation, boilers, or commercial process equipment. Without proper protection and
oversight, contaminants such as fertilizers, chemicals, or industrial fluids can enter the
public water supply. Nationally, cross-connections are known to be widespread and
unpredictable risks within any municipal water system.
Where Eden Prairie Stands Today
Eden Prairie has already made significant progress by partnering with HydroCorp during its
citywide water meter replacement project. During approximately 18,000 residential and
nearly 1,000 commercial visits, cross-connection surveys were conducted and valuable
system data was collected. This effort has provided the City with significantly improved
visibility into its drinking water protection system and a strong operational foundation for
the management of specialized equipment designed to protect public health.
Remaining Gap and Risk
Despite this progress, approximately 350 commercial properties were unavailable during
the initial inspection effort. These locations represent a high potential risk due to complex
plumbing systems, frequent modifications, and higher likelihood of hazardous cross-
connections. Because conditions can change over time due to renovations, tenant
turnover, or equipment upgrades, these unknown locations create ongoing exposure and
limit full system awareness.
Proposed 5-Year Program Approach
The proposed program first establishes full system visibility and then maintains long-term
control. In Year 1, the City will inspect the remaining unverified commercial properties,
identify cross-connections, confirm backflow protection, and update records to eliminate
unknown risk. In Years 2 through 5, the program transitions to a structured inspection
schedule based on facility risk, ensuring that higher-risk locations are evaluated more
frequently while maintaining oversight across all properties. Throughout all the years, a
structured, and fully managed backflow testing program is included.
Regulatory Requirements in Minnesota
Minnesota regulations require backflow prevention devices to be tested at installation and
at least annually and maintained in proper working condition. Under MN Rules 4720.0025,
public water suppliers must eliminate unprotected cross-connections. Specifically, there
may be no physical connection between a potable water system and any source of
contamination unless it is protected by an approved and properly maintained backflow
prevention assembly. In addition, MN Rules 4714.0603.5.23 require that all backflow
prevention assemblies be tested at installation and at least annually thereafter to verify
proper operation. These assemblies must be maintained in working condition and repaired
or replaced when deficiencies are identified.
Program Benefits to the City
This program reduces the risk of contamination events, aligns with state regulatory
expectations, and provides a structured, predictable process for managing water system
safety. It reduces administrative burden on City staff while giving leadership confidence
that risks are understood and actively managed.
Bottom Line
Eden Prairie has made strong progress, but key commercial locations remain uninspected
and represent ongoing risk. A structured 5-year program will close this gap, maintain
compliance, and ensure long-term protection of public health.
This is not a one-time fix. It is like maintaining smoke detectors. They must be checked
regularly to ensure continued protection
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.W.
Department: Public Works / Engineering – Adam Gadbois
ITEM DESCRIPTION
Approve agreement with Xcel Energy for replacement of 10 30-foot fiberglass LED streetlights
along Prairie Center Drive.
REQUESTED ACTION
Move to: Approve Construction Agreement with Xcel Energy for Streetlight Replacement along
Prairie Center Drive in the amount of $38,817.63.
SUMMARY
Within the City there are approximately 475 streetlights with rate code A30-Q5, meaning that
Xcel Energy maintains and repairs them for 25 years from the installation date. 112 of those
streetlight contracts have already expired, and Xcel Energy only performs basic maintenance of
the photo controls and ballasts. If the pole is damaged or in disrepair, or there are any
underground faults, the City is responsible for the cost. These streetlights will be systematically
replaced with new streetlights. They will then no longer be on 25-year contracts and Xcel Energy
will own and maintain them in perpetuity.
Replacement priority will be given to those streetlights on the oldest contract and those that
are in the worst condition.
Costs for this work will be funded by the Transportation Fund as identified in the 2025-2034
Capital Improvement Plan.
ATTACHMENTS
Attachment 1 – Construction Agreement for Street Lighting Facilities
Updated
Page 1 of 2 Updated //202
MyAccount/eBill™
Pay by Phone
Credit/Debit Card Payment
Pay with
Please note the current fees along with payment information:
Residential Customer Accounts
o Payments accepted for up to $1,000 in a single transaction
There is a $1.0 fee per transaction
No fee for Wisconsin residential customer accounts
Non-Residential Customer Accounts
o Payments accepted for up to $100,000 in a single transaction
There is a 2.2% fee per transaction.
All credit/debit card types allow a maximum 25 credit/debit card payments in a 28-rolling-day period, per Xcel
Energy account, per credit/debit card.
Page 2 of 2 Updated
Overnight Payment Delivery Options
In-Person Pay Stations
Please note:
Pay by U.S Postal Service
Electronic Funds Transfer (EFT) (Only available to business)
Page 1 of 2
STATEMENT OF WORK REQUESTED
DATE: ________________ ______, 20______
WORK REQUESTED BY:___________________________________________________________
WORK LOCATION:___________________________________________________________
ADDRESS:___________________________________________________________
___________________________________________________________
CONSISTING OF:
The facilities installed or removed by Northern States Power Company, a Minnesota corporation (“Xcel Energy” or the
“Company”) shall be the property of the Company and any payment by customer shall not entitle customer to any
ownership interest or right therein. Customer’s and Company’s rights and obligations with respect to the facilities and
services provided through the facilities are subject to additional terms and conditions as provided in the General Rules
and Regulations and/or in the Rate Schedules of Xcel Energy’s Electric Rate Book for Customer’s specific service, as
they now exist or may hereafter be changed, on file with the state regulatory commission in the state where service is
provided.
The undersigned hereby requests and authorizes Northern States Power Company, a Minnesota corporation (“Xcel
Energy”) to do the work described above, and in consideration thereof, agrees to pay
($ _________________)
in accordance with the following terms:
_____________________________________________________________________________________________
Receipt of the above amount hereby acknowledged on behalf of the Company by _____________________
Page 2 of 2
FOR XCEL ENERGY USE
Xcel Energy Representative ______________________ Xcel Energy Work Order # _______________
Construction $ Removal $ Total $
__________________________________________________
Form 17-7012
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Consent Calendar
Item Number: VII.X.
Department: Administration / Communications / Joyce Lorenz
ITEM DESCRIPTION
The City is adding Government Experience Agent (GXA) to its website suite of services and
extending the Granicus, LLC contract term through May 2031.
REQUESTED ACTION
Move to: Approve addition of Government Experience Agent (GXA) to City website and term
extension of Granicus, LLC subscription agreement.
SUMMARY
The City is adding Government Experience Agent (GXA) to its Granicus website suite of services.
GXA is an AI-powered digital agent that enables 24/7 self-service for residents while freeing
staff time and resources.
In addition to website/intranet services and hosting, Granicus, LLC is the City’s provider of
email/text communication, forms and workflows, and streaming video services. This agreement
includes a $15,000 one-time fee for implementing GXA and a prorated GXA subscription fee of
$13,363.01 for 2026. The agreement also extends the term for all subscription services through
May 2031.
ATTACHMENTS
Granicus, LLC Contract for Products and Services
(rev. 4/2026)
Contract for Goods and Services
This Contract for Goods and Services (“Contract” or “Agreement”) is made on the 16th day of
June, 2026, between the City of Eden Prairie, Minnesota (“City”), whose business address is
8080 Mitchell Road, Eden Prairie, MN 55344, and Granicus, LLC, a Minnesota limited liability
company (“Vendor”), whose business address is 1152 15th Street NW, Suite 800, Washington
DC 20005. .
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 Website Subscription/Hosting/AI, Email/Text Subscription and Streaming
Video services, 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 will not be in effect in any
manner.
2. Term of Contract. The term of this Contract shall be from June 16, 2026 through May 14,
2031, the date of signature by the parties notwithstanding. This Contract may be extended
upon the written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Vendor annual sums for ongoing Website
Subscription/Hosting/AI, Email/Text Subscription and Streaming Video services pursuant to
this Contract and as described in Exhibit A.
4. Method of Payment. Vendor will prepare and submit to City itemized invoices setting forth
work performed under this Contract as described in Exhibit A. Invoices submitted will 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 a Project Manager to perform the Work. They will be
assisted by other staff members as necessary to facilitate the completion of the Work in
Standard Contract for Goods and Services (rev. 4/2026)
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accordance with the terms established herein. Vendor may not remove or replace the
designated staff without the approval of the City.
6. Standard of Care. Vendor must 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 must 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 must provide City with a Certificate of
Insurance verifying insurance coverage before providing service to the City.
b. Worker's Compensation. Vendor must 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 must maintain comprehensive
automobile liability insurance with a $1,000,000 combined single limit each accident
(must include coverage for all owned, hired and non-owed vehicles.)
d. Professional Liability. Vendor shall maintain a professional liability insurance policy
in the amount of $2,000,000 per claim, which policy must be maintained for a
minimum of two (2) years following expiration or termination of this Agreement.
8. Indemnification. Vendor will defend City from and against all losses, liabilities, damages and
expenses arising from any claim or suit by a third party unaffiliated with either Party to this
Agreement (“Claims”) and shall pay all losses, damages, liabilities, settlements, judgments,
awards, interest, civil penalties, and reasonable expenses (collectively, “Losses,” and
including reasonable attorneys’ fees and court costs), to the extent arising out of: (i) any
Claims that Vendor products and services infringe a valid U.S. copyright or U.S. patent
issued as of the date of this Agreement; (ii) any breach of this Contract by Vendor; or (ii) any
negligence or intentional misconduct on the part of Vendor, its agents, contractors, or
employees relative to this Agreement. In the event of such a Claim under (i), if Vendor
determines that this Agreement is likely affected, or if the solution is determined in a final,
nonappealable judgment by a court of competent jurisdiction, to infringe a valid U.S.
copyright or U.S. patent, Vendor will, in its discretion: (i) replace the affected Vendor
products and services; (ii) modify the affected Vendor products and services to render it
non-infringing; or (iii) terminate this Agreement with respect to the affected solution and
refund to City any prepaid fees for the then-remaining or unexpired portion of the
Agreement term. Notwithstanding the foregoing, Vendor will have no obligation to
indemnify, defend, or hold City harmless from any Claim to the extent it is based upon: (i) a
modification to any solution by Client (or by anyone under City’s direction or control or
using logins or passwords assigned to City); (ii) a modification made by Vendor pursuant to
City’s required instructions or specifications or in reliance on materials or information
provided by City; or (iii) City’s use (or use by anyone under City’s direction or control or
Standard Contract for Goods and Services (rev. 4/2026)
Page 3 of 9
using logins or passwords assigned to City) of any Vendor products and services other than
in accordance with this Agreement. This Section sets forth City’s sole and exclusive remedy,
and Vendor’s entire liability, for any Claim that the Vendor products and services or any
other materials provided by Vendor violate or infringe upon the rights of any third party.
With regard to any Claim subject to indemnification pursuant to this Section: (i) the Party
seeking indemnification shall promptly notify the indemnifying Party upon becoming aware
of the Claim; (ii) the indemnifying Party shall promptly assume sole defense and control of
such Claim upon becoming aware thereof; and (iii) the indemnified Party shall reasonably
cooperate with the indemnifying Party regarding such Claim. Nevertheless, the indemnified
Party may reasonably participate in such defense, at its expense, with counsel of its choice,
but shall not settle any such Claim without the indemnifying Party’s prior written consent.
The indemnifying Party shall not settle or compromise any Claim in any manner that
imposes any obligations upon the indemnified Party without the prior written consent of
the indemnified Party
9. Warranty. Vendor warrants that it takes all precautions that are standard in the industry to
increase the likelihood of a successful performance for the Vendor products and services;
however, the Vendor products and services are provided “AS IS” and as available. EXCEPT
AS PROVIDED ABOVE, EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES
OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. VENDOR DOES
NOT WARRANT THAT VENDOR PRODUCTS AND SERVICES WILL MEET CITY’S REQUIREMENTS
OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE.
10. Termination. This Contract may be terminated by either party upon ninety (90) 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 will be paid
for services rendered until the effective date of termination.
11. Independent Contractor. At all times and for all purposes, the Vendor is an independent
contractor and not an employee of the City. No statement herein may be construed so as to
find the Vendor an employee of the City.
12. Subcontract or Assignment. Vendor may 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. ADA Title II Compliance for Digital Content. The following provisions apply only to the
extent Vendor’s obligations under this Agreement require it to produce content that will be
posted on the City’s website or digital apps.
a. Compliance with Accessibility Laws. Vendor must ensure that all digital content,
documents, materials, deliverables, and services produced by Vendor under this
Standard Contract for Goods and Services (rev. 4/2026)
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Agreement that are intended for publication on, or integration with, the City’s
public-facing website (collectively, “Digital Content”) comply with all applicable
federal, state, and local accessibility laws and regulations, including, but not limited
to, the Americans with Disabilities Act (ADA), Title II, and its implementing
regulations (28 C.F.R. Part 35).
b. Accessibility Standards. At a minimum, all Digital Content produced by the Vendor
must conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, or
any subsequent version adopted by the City or required by applicable law. This
includes, but is not limited to, content such as documents, images, videos, audio,
maps and interactive features.
c. Maps and Non-Accessible Content. To the extent Vendor produces map-based, GIS,
or other inherently visual or technically constrained content that cannot be made
fully accessible, Contractor must:
i. notify the City in writing in advance;
ii. provide a detailed explanation of the accessibility limitations; and
iii. supply equivalent alternative formats, data, or descriptions sufficient to
enable the City to provide meaningful access to individuals with disabilities in
compliance with ADA Title II.
General Terms And Conditions
14. Assignment. Neither party may assign this Contract, nor any interest arising under this
Contract, without the written consent of the other party (such consent not to be
unreasonably withheld). Notwithstanding the foregoing, either Party may assign this
Agreement with reasonable notice to the other party to an affiliate or to a successor in
interest resulting from acquisition of all, or substantially all, of the assigning party’s business
by means of merger, stock or asset purchase, or otherwise. Any assignment or attempted
assignment in violation of this Agreement will be null and void. This Contract will bind and
inure to the benefit of each party’s permitted successors and assigns.
15. Compliance with Laws and Regulations. In providing services under this Contract, the
Vendor must abide by statutes, ordinances, rules, and regulations pertaining to the services
to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to
the services will 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 may have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
Standard Contract for Goods and Services (rev. 4/2026)
Page 5 of 9
17. Counterparts. This Contract may be executed in multiple counterparts, each of which will
be considered an original.
18. Damages. In the event of a breach of this Contract by either party, the non-breaching party
will not be entitled to recover punitive, special, or consequential damages or damages for
loss of business.
19. Enforcement. Each party shall be responsible for its own costs and expenses incurred in
enforcing its rights or remedies under this Agreement; provided, however, that the
prevailing party, as determined by a court of competent jurisdiction, shall be entitled to
recover its reasonable, documented attorneys’ fees and costs.
20. Entire Contract, Construction, Application, and Interpretation. This Contract is entered into
in furtherance of the City’s public purpose mission and must be construed, interpreted, and
applied in accordance with that mission. This Contract constitutes the entire agreement
between the parties and supersedes all prior and contemporaneous oral or written
agreements, negotiations, and understandings relating to its subject matter. Any
amendment, modification, deletion, or waiver of any provision of this Contract will be
effective only if set forth in a written document signed by both parties, unless otherwise
expressly provided herein.
21. Governing Law. This Contract will be governed by the laws of the State of Minnesota.
22. Non-Discrimination. During the performance of this Contract, the Vendor must not
discriminate against any employee or applicant for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation, gender identity, or age. The Vendor must post in places
available to employees and applicants for employment notices setting forth the provision of
this nondiscrimination clause and stating that all qualified applicants will receive
consideration for employment. The Vendor must incorporate the foregoing requirements of
this paragraph in all its subcontracts for Work under this Contract and must require all of its
subcontractors for such work to incorporate such requirements in all sub-subcontracts for
Work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights
Act, Minnesota Statutes Chapter 363A, Title VI of the Civil Rights Act of 1964, and the
Americans with Disabilities Act of 1990.
23. 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
one hereof. Notices will be deemed effective on the earlier of the date of receipt or the
date of mailing or deposit, provided, however, that if notice is given by mail or deposit, that
the time for response to any notice by the other party will commence to run one business
day after any such mailing or deposit. A party may change its address for the service of
Standard Contract for Goods and Services (rev. 4/2026)
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notice by giving written notice of such change to the other party, in any manner specified
above, 10 days prior to the effective date of such change.
24. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder are in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.
25. Services Not Provided For. No claim for services furnished by the Vendor not specifically
provided for under this Contract will be honored by the City.
26. Severability. If any provision of this Agreement is held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, such determination will not affect the
validity or enforceability of the remaining provisions of this Agreement. The parties intend
that this Agreement be enforced to the fullest extent permitted under Minnesota law, and
any invalid, illegal, or unenforceable provision be deemed modified to the minimum extent
necessary to make it valid and enforceable, consistent with the parties’ original intent.
27. Statutory Provisions.
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Vendor or other
parties relevant to this Contract are subject to examination by the City and either
the Legislative Auditor or the State Auditor for a period of six (6) years after the
effective date of this Contract. This provision will survive the completion or
termination of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Vendor under this Contract which the City requests to be kept
confidential, must 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 will comply with those requirements as if it were a government
entity. All subcontracts entered into by Vendor in relation to this Contract must
contain similar MGDPA compliance language. These obligations will survive the
completion or termination of the Contract.
28. Waiver. Any waiver by either party of a breach of any provisions of this Contract will not
affect, in any respect, the validity of the remainder of this Contract.
Standard Contract for Goods and Services (rev. 4/2026)
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29. Licensing. Vendor products and services are purchased by City as subscriptions. Vendor
hereby grants and City hereby accepts, solely for its internal use, a worldwide, revocable,
non-exclusive, non-transferrable right to use the Vendor products and services during the
term of this Agreement. Vendor reserves all right, title and interest in the Vendor products
and services, the documentation and resulting product including all related intellectual
property rights. No implied licenses are granted to City. The Vendor name, logo, and the
product names are trademarks of Vendor, and no right or license is granted to use them.
City assigns to Vendor any suggestion, enhancement, request, recommendation, correction
or other feedback provided by City relating to the use of the Vendor products and services.
Client shall not: (i) Misuse any Vendor resources or cause any disruption, including but not
limited to, the display of adult content, advertisements, solicitations, or mass mailings to
individuals who have not agreed to be contacted; (ii) Use any process, program, or tool for
gaining unauthorized access to the systems, networks, or accounts of third parties; (iii) Use
the Vendor products and services in a manner in which system or network resources are
unreasonably denied to third parties; (iv) Use the products and services as a door or
signpost to another server; (v) Access or use any portion of Vendor products and services
except as expressly allowed by this Agreement; (vi) Disassemble, decompile, or otherwise
reverse engineer all or any portion of the Vendor products and services; (vii) Use the
Vendor products and services for any unlawful purposes; (viii) Export or allow access to the
Vendor products and services in violation of U.S. laws or regulations; (ix) subcontract,
disclose, rent, or lease the Vendor products and services, or any portion thereof, for third
party use; or (x) Modify, adapt, or use the Vendor products and services to develop any
software application intended for resale which uses the Vendor products and services in
whole or in part.
30. Confidentiality. It is expected that one Party may disclose to the other Party certain
information which may be considered confidential or trade secret information
(“Confidential Information”). Confidential Information shall include: (i) non-public
information if it is clearly and conspicuously marked as “confidential” or with a similar
designation at the time of disclosure; (ii) non-public information of a Party if it is identified
as confidential or proprietary before, during, or promptly after presentation and (iii) any
information that should be reasonably understood to be confidential or proprietary to a
Party, given the nature of the information and the context in which disclosed.
Subject to applicable law, including but not limited to the MGDPA, each Party agrees to
receive and hold any Confidential Information in strict confidence. Each Party also agrees: (i)
to protect and safeguard the Confidential Information against unauthorized use, publication
or disclosure; (ii) not to reveal, report, publish, disclose, transfer, copy or otherwise use any
Confidential Information except as specifically authorized by the other Party or as required
by law; (iii) not to use any Confidential Information for any purpose other than for
performance under this Agreement; (iv) to restrict access to Confidential Information to
those of its employees, agents, and contractors who have a need to know, who have been
advised of the confidential nature thereof, and who are under express written obligations of
confidentiality or under obligations of confidentiality imposed by law or rule; and (v) to
Standard Contract for Goods and Services (rev. 4/2026)
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exercise at least the same standard of care and security to protect the Confidential
Information received by it as it protects its own confidential information. If a Party is
requested or required in a judicial, administrative, or governmental proceeding to disclose
any Confidential Information or if it receives a data request under the MGDPA for any
Confidential Information, it will notify the other Party as promptly as practicable so that
such Party may seek a protective order or waiver for that instance.
Confidential Information shall not include information which: (i) is or becomes public
knowledge through no fault of either Party; (ii) was in a Party’s possession before receipt
from the other Party; (iii) is rightfully received by a Party from a third party without any duty
of confidentiality; (iv) is independently developed by a Party without use or reference to the
other Party’s Confidential Information; or (v) is disclosed with the prior written consent of
the Parties.
Subject to any applicable retention policies, each Party shall return or destroy the
Confidential Information upon written request by the other Party; provided, however, that
each Party may retain one copy of the Confidential Information in order to comply with
applicable law. Client understands and agrees that it may not always be possible to
completely remove or delete all Confidential Information from Granicus’ databases without
some residual data.
31. Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,
IN NO INSTANCE SHALL EITHER PARTY’S LIABILITY TO THE OTHER PARTY FOR DIRECT
DAMAGES UNDER THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR OTHERWISE)
EXCEED THE GREATER OF: (A) TWO TIMES (2X) THE FEES PAID BY CITY FOR THE VENDOR
PRODUCTS AND SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING
THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM
FOR DIRECT DAMAGES; OR (B) THE AMOUNT OF INSURANCE PROCEEDS AVAILABLE AT THE
TIME OF SETTLEMENT OR JUDGMENT ON THE CLAIM UNDER A POLICY OF INSURANCE
REQUIRED BY SECTION 7 OF THIS CONTRACT. NEITHER PARTY SHALL BE RESPONSIBLE FOR
ANY LOST PROFITS OR OTHER DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR ANY OTHER DAMAGES, HOWEVER CAUSED.
Standard Contract for Goods and Services (rev. 4/2026)
Page 9 of 9
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________
Mayor
___________________________________
City Manager
VENDOR
By: ________________________________
Its: _______________________________
Docusign Envelope ID: 24F082F7-15CD-8A08-8300-3C6F2211AF3F
Kimberly Rosenberger
Sr. Contracts Manager
2026 June 4
Granicus, LLC
THIS IS NOT AN INVOICE Exhibit A
Prepared for
Eden Prairie MN
Page 1 of 14
Granicus Proposal for Eden Prairie MN
ORDER DETAILS
Prepared By:Brittany Greer
Phone:
Email:brittany.greer@granicus.com
Order #:Q-547813
Prepared On:03 Jun 2026
Expires On:26 Jun 2026
Currency:USD
Payment Terms:
Period of Performance:
Net 30 (Payments for subscriptions are due at the beginning of the period of
performance.)
The Agreement will begin upon the date of signature and will continue
through the end of the then current billing term and will continue for an
additional 48 months thereafter.
The subscription includes the following domain(s) and subdomain(s):
·
ORDER TERMS
Order Form
Eden Prairie MN
Order #: Q-547813
Prepared: 03 Jun 2026
Page 2 of 14
PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this
Proposal.
Terminating Subscriptions
Solution Quantity/Unit Prior Annual Fee
SUBTOTAL:$0.00
Upon the signing of this Agreement, annual fees for the terminating subscription(s) shall cease. Any pre-paid
fees for the terminating subscription(s) after the signing of this Agreement will be prorated from the signing of
this Agreement to the end of the Client's then-current billing term, credited, and such credit applied to the
annual fees for new subscriptions.
Client will continue to have access to and use the terminating solution until the new subscription(s) is/are
deployed.
Upon the deployment of Client's new solution as determined at Granicus' sole discretion, Granicus shall remove
access to the Client's terminating subscription(s).
Order Form
Eden Prairie MN
Order #: Q-547813
Prepared: 03 Jun 2026
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Existing Subscriptions
Solution Billing
Frequency Quantity/Unit Annual Fee
GovMeetings Live Cast
Open Platform Suite
Granicus Live Cast Encoding Software
New Subscription Fees
Solution Period of
Performance
Billing
Frequency
Quantity/
Unit Annual Fee Prorated Fee
SUBTOTAL:$15,000.00 $13,363.01
Annual 1 Each
Government Experience Service Cloud Essentials VI (Up to 50000 Unique Contacts)$48,555.53
Additional SMS - 100000 $4,577.23
Communications Cloud Advanced Package $5,018.09
govAccess - Maintenance, Hosting, &
Licensing Fee - Core $6,771.46
Forms & Workflows - Additional (50) Forms $0.00
SUBTOTAL:$79,889.66
One-Time Fees
Solution Billing
Frequency Quantity/Unit One-Time Fee
Government Experience Agent Setup
and Config
Milestones -
40/30/30 1 Each $15,000.00
SUBTOTAL:$15,000.00
Order Form
Eden Prairie MN
Order #: Q-547813
Prepared: 03 Jun 2026
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Please note, annual fees for new subscriptions will be prorated to align to Client's then-current billing term.
Except for services sold on a volume basis, which must be consumed during the then current billing term.
Additional volume purchased herein will cover the period of 24 Jun 2026 - 14 May 2027 The additional volume
and annual fees will be added to Eden Prairie MN's current subscription and will be included in the next
renewal period.
CREDITS AVAILABLE
The number of Credits acquired due to the above purchase items:
Available Service Credits
Total Services Catalog Credits:80
Order Form
Eden Prairie MN
Order #: Q-547813
Prepared: 03 Jun 2026
Page 5 of 14
FUTURE YEAR PRICING
Period of PerformanceSolution(s)Year 2 Year 3 Year 4 Year 5
GovMeetings Live Cast $13,689.79 $14,374.28 $15,093.00 $15,847.65
Open Platform Suite $0.00 $0.00 $0.00 $0.00
Granicus Live Cast Encoding
Software $2,025.92 $2,127.21 $2,233.57 $2,345.25
govAccess - Maintenance,
Hosting, & Licensing Fee -
Core
$7,110.03 $7,465.53 $7,838.81 $8,230.75
Forms & Workflows - Additional (50) Forms
$0.00 $0.00 $0.00
Communications Cloud Advanced Package $5,268.99 $5,532.44 $5,809.06 $6,099.51
Government Experience Service
Cloud Essentials VI(Up to 50000 Unique Contacts)$50,983.31 $53,532.47 $56,209.10 $59,019.55
Additional SMS - 100000 $4,806.10 $5,046.40 $5,298.72 $5,563.66
$0.00Forms & Workflows - Additional (50) Forms
Government Experience Agent Recurring $15,750.00 $16,537.50 $17,364.37 $18,232.59
SUBTOTAL:$99,634.14 $104,615.83 $109,846.63 $115,338.96
Total Services Catalog
Credits:80 80 80 80
Order Form
Eden Prairie MN
Order #: Q-547813
Prepared: 03 Jun 2026
Page 6 of 14
PRODUCT UPDATES
FOR INFORMATION ON RECENT AND UPCOMING PRODUCT ENHANCEMENTS ACROSS THE GRANICUS
PORTFOLIO, PLEASE REFER TO THE SEMIANNUAL UPDATE INFORMATION ON THIS WEBPAGE:
: HTTPS://GRANICUS.COM/SEMIANNUAL-UPDATES/
PRODUCT DESCRIPTIONS
Solution Description
GovMeetings Live Cast govMeetings Live Cast provides the ability to manage public meetings
from anywhere, on almost any device using cloud based software and a
Granicus Live Cast encoder. It will stream public meetings in HD, allow
users to live index items, record and publish minutes, and provide archive
videos for on-demand viewing.
Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to
post agendas/documents, and index of archives. These are able to be
published and accessible through a searchable viewpage.
Granicus Live Cast Encoding
Software
Granicus Live Cast Software will convert the video feed for video
streaming on the web which will also record video and provides the MP4
file for archive playback. This SKU is per encoder.
Only used with the Live Cast encoder hardware and Live Cast solution.
govAccess - Maintenance,
Hosting, & Licensing Fee - Core
The govAccess Maintenance, Hosting, and Licensing plan is designed to
equip the client with the technology, expertise and training to keep the
client's website relevant and effective over time.
Services include the following:
·Ongoing software updates
·Unlimited technical support (6:00 AM - 6:00 PM PT, Monday - Friday)
·Access to training webinars and on-demand video library
·Access to best practice webinars and resources
·Annual health check with research-based recommendations for
website optimization
·DDoS mitigation
·Disaster recovery with 90-minute failover (RTO) and 15-minute data
replication (RPO)
Additional SMS - 100000 Additional SMS/Text Messaging includes:
·Access to the selected volume of additional SMS/text messages
per year from a unique standard toll-free number within the United
Order Form
Eden Prairie MN
Order #: Q-547813
Prepared: 03 Jun 2026
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Solution Description
States*
·Use of responsively designed sign-up pages that allow the public to
subscribe to communication updates from various devices
*International numbers are not supported. SMS/text messages not used in
the period of performance will not carry over to the following year. Client
must have explicit opt-in for all destinations sent to and adhere to all CTIA
guidelines for the duration of its use.
Government Experience
Service Cloud Essentials VI
The annual subscription edition is an outcome-focused solution that
Increases online self-service, reduces calls, and drives more clicks to help
constituents do business with you. Solution includes:
·Strategic Capabilities
o Designated Experience Partner
o Extended LMS Training On-demand
o Access to Services Catalog
o Biannual CX Program Brief to Review Insights &
Recommendations
o Online Help Articles and Access to govCommunity
·Data Insights
o Community Satisfaction and Performance Monitoring
o Government Effectiveness Score
o Digital Experience Score
o Quality of Life Surveys
o In-app Reporting and Dashboards
o Connected Technology
o Service Web Portal
o Forms and Workflows (up to 50)
Capabilities include: (1) Drag and drop form builder,
(2) display logic, calculations, and payments, (3)
insights dashboard and form analytics, (4) unlimited
responses and ability ‘to save and return’, (5) data
connections and API access, and (6) up to 10GB file
uploads and 1,000 web API calls per hour
o Outbound Communications
Outreach mediums include unlimited email, up to
100k SMS/text messages, RSS feeds, and social
media integration to connect with target
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Eden Prairie MN
Order #: Q-547813
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Solution Description
audiences.
o Ongoing security updates
o Ongoing product updates and enhancements
o Product accessibility maintained perpetually
o 99.9% up-time guarantee
o Technical Support Reporting (biannual)
o Escalation & Care Process
o Support Coverage & Response Time SLAs
Severity Level 1: System unavailable – 1 hour
Severity Level 2: Major system features unavailable,
no user workaround – 4 hours
Severity Level 3: Major system features unavailable,
user workaround available – 12 hours
Severity Level 4: Transactional issue, user workaround
available - 24 hours
A "Unique Contact" is an individual that provides either an email address,
phone number, or both. Additional fees for exceeding contracted Unique
Contact tier will automatically be applied in arrears and adjusted for go-
forward use at subscription renewal. Overages above 1M unique contacts
are billed in increments of 100,000 Unique Contacts.
*SMS/text messages only available for US and UK customers.
Communications Cloud
Advanced Package
The Advanced Cloud Module gives government communicators better
insight into the needs of citizens and improves their ability to enhance
online transactions, promote behavior change through public awareness,
and improve citizen engagement. The Advanced Cloud Module adds
streamlined marketing capabilities that incorporate greater degrees of
audience segmentation, personalization, message testing, and mobile
engagement. The Advanced Cloud Module includes:
·Dynamic segmentation around bulletins, engagement, and
question (e.g. zip code)
·Canned campaigns for re-engagement and new subscriber
onboarding
·Testing: Simple (A/B, 10/10/80)
A subscription for the Advanced Cloud Module is dependent on an active license for the
govDelivery Communications Cloud.
Community Satisfaction &
Performance Monitoring
Community Satisfaction & Performance Monitoring
Order Form
Eden Prairie MN
Order #: Q-547813
Prepared: 03 Jun 2026
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Solution Description
Experience Services Experience Services
Extended LMS Training On-
demand
Extended LMS Training On-demand
Forms & Workflows - Additional (50) forms Forms & Workflows - Additional (50) Forms
One-way SMS (100k annually)One-way SMS (100k annually). Only available for US and UK customers.
Service Portal Service Portal
Experience Service Catalog
Credits Service Cloud Essentials
A curated collection of expert-led and on-demand services and strategic
offerings to enhance community engagement, service delivery, and
operational excellence. Developed from our experience with thousands of
governments, this evergreen catalog offers ongoing value throughout your
Granicus lifecycle. Access is available from day one through an exchange
of service credits.
Government Experience Agent
Recurring Empower your government services with the Government
Experience Agent (GXA), an AI-powered conversational
agent designed to deliver clear, accurate, transparent, and
accessible support to citizens.
Key Features
Data Integration:
·Ingest unlimited website data sources and non-
published, machine-readable PDF documents for GXA
to use as sources for responses
·For agencies with govDelivery subscriptions, can use
public bulletins as a data source.
·Unlimited data storage
·Additional integrations are priced and scoped
separately
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Eden Prairie MN
Order #: Q-547813
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Solution Description
Conversational Intelligence:
·Responsive UI with precise, plain language
summarization
·Conversational history for context-aware interactions
·Session persistence for seamless user experience without
authentication
·Prompt response caching for faster replies
Accessibility & Multilingual Support:
·Available in 75 languages
·Compliance with WCAG 2.2 AA Standards
Transparency & Trust:
·Source citation for responses to ensure verification and
accountability
·Automated response evaluation to maintain high
standards of quality, relevance, and accuracy
·Backend console view of interaction data history to
provide records of interaction content, feedback, and
metadata
Safety & Compliance:
·Built-in guardrails (both prompt-level and LLM-
specific) to ensure safe and compliant interactions
Automation & Analytics:
·Automated web scraper to keep data sources up to
date
·User interaction analytics for performance insights
Ongoing Partnership Consultation:
·One (1) Experience Services Manager Review per
quarter to review insights from GXA’s analytics and
Order Form
Eden Prairie MN
Order #: Q-547813
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Solution Description
provide guidance on ongoing optimization. This
quarterly review will include recommendations on how
to best leverage the included service credits to achieve
your agency’s specific goals.
Experience Services & Premium Product Support
·Premium Support provided Monday through Friday
·Experience Partner
·21 Service Credits per year
Additional Terms:
·Third-party / custom integrations are not included in the
base subscription
·Included service credits must be redeemed within one
year of purchase
Government Experience Agent
Setup and Config Initial setup, configuration, and optimization of GXA to get the
agent live and embedded into your website.
Deliverables include:
·Professional Project Management (daily standup
meetings; weekly communications)
·Initial GXA technical configuration
·Branding configuration
·One (1) 60-minute Predefined Response Questions
(PRQ) Workshop
·One (1) web traffic report including top trafficked
pages and most used search terms (assumes client
provides access to Google Analytics & Google Search
Console or similar web analytics tool)
·Up to one (1) tailored list of commonly asked questions
to support UAT (not to exceed 1,000 questions)
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Eden Prairie MN
Order #: Q-547813
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Solution Description
·One (1) AI-driven Jurisdictional Awareness Report
·Up to four (4) hours of GXA administrative console
training
Onboarding must be initiated within six weeks of contract
close date.
GRANICUS ADVANCED NETWORK AND SUBSCRIBER INFORMATION
·Granicus Communications Suite Subscriber Information.
o Data provided by the Client and contact information gathered through the Client's own web
properties or activities will remain the property of the Client ('Direct Subscriber'), including any
and all personally identifiable information (PII). Granicus will not release the data without the
express written permission of the Client, unless required by law.
o Granicus shall: (i) not disclose the Client's data except to any third parties as necessary to
operate the Granicus Products and Services (provided that the Client hereby grants to
Granicus a perpetual, non-cancelable, worldwide, non-exclusive license to utilize any data, on
an anonymous or aggregate basis only, that arises from the use of the Granicus Products by
the Client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the
functionality of the Granicus Products and any other legitimate business purpose, including the
right to sublicense such data to third parties, subject to all legal restrictions regarding the use
and disclosure of such information).
·Data obtained through the Granicus Advanced Network.
o Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct
Subscribers recommendations to subscribe to other Granicus Client's digital communication
(the 'Advanced Network'). When a Direct Subscriber signs up through one of the
recommendations of the Advanced Network, that subscriber is a 'Network Subscriber' to the
agency it subscribed to through the Advanced Network.
o Network Subscribers are available for use while the Client is under an active subscription with
Granicus. Network Subscribers will not transfer to the Client upon termination of any Granicus
Order, SOW, or Exhibit. The Client shall not use or transfer any of the Network Subscribers after
termination of its Order, SOW, or Exhibit placed under this agreement. All information related to
Network Subscribers must be destroyed by the Client within 15 calendar days of the Order,
SOW, or Exhibit placed under this agreement terminating.
o Opt-In. During the last 10 calendar days of the Client's subscription, the Client may send an opt-
in email to Network Subscribers that shall include an explanation of the Client's relationship with
Granicus terminating and that the Network Subscribers may visit the Client's website to
subscribe to further updates from the Client in the future. Any Network Subscriber that does not
opt-in will not be transferred with the subscriber list provided to the Client upon termination.
Order Form
Eden Prairie MN
Order #: Q-547813
Prepared: 03 Jun 2026
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TERMS & CONDITIONS
·This quote, and all products and services delivered hereunder are governed by the terms located at
https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License
Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a
contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate
agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved
in favor of the separate agreement or contract vehicle to the extent applicable.
·If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of
quote Q-547813 dated 03 Jun 2026 are incorporated into this Purchase Order by reference and shall take
precedence over any terms and conditions included in this Purchase Order.
·This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice.
It is the responsibility of Eden Prairie MN to provide applicable exemption certificate(s).
·Any lapse in payment may result in suspension of service and will require the payment of a setup fee to
reinstate the subscription.
·Billing Frequency Notes (Milestones - 40/30/30): Payments shall become due and payable as
follows: 40% of the total upon signature of this Agreement; 30% of the total upon homepage
design approval; and 30% of the total upon go-live.
·Upon the effective date, this Agreement shall supersede and replace any previous agreement between the
parties for the Terminating and/or Existing Subscriptions listed herein. All such prior agreements between the
parties are hereby void and of no force and effect.
·Client will be invoiced for use of any product or service measured or capped by volume or amount of usage
that exceeds the permitted amount set forth in this Quote at the same cost or rate set forth herein.
For All Services Credits (including Service Catalog Credits and SimpleSupport):
Credits must be purchased prior to use and are allocated towards any services performed by Granicus included in the
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under no obligation to perform the Services.
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Public Hearings
Item Number: VIII.A.
Department: Community Development/Planning
Julie Klima/Beth Novak-Krebs
ITEM DESCRIPTION
The applicant is requesting approval to redevelop the property at 14800 Charlson Road and the
unaddressed vacant parcel to its northwest. Together the parcels total 28.41 acres. The property at
14800 Charlson Drive is 16.74 acres and there has been an office building on the property for nearly
20 years. Today, the building is vacant, and the applicant is proposing to redevelop the site with 90
owner-occupied townhomes and 16 single-family lots. The parcel to the northwest is 11.67 acres
and currently undeveloped. The applicant is proposing to develop 76 owner-occupied townhomes
on that parcel. There will be a total of 182 units.
REQUESTED ACTION
Move to:
• Close the public Hearing; and
• Adopt a Resolution for a Comprehensive Plan Amendment from Office to Medium Density
Residential on 23.59 acres and from Office to Low Density Residential on 4.82 acres
• Adopt a Resolution for a Planned Unit Development Concept Plan Review on 28.41 acres
• Approve the 1st Reading of an Ordinance for a Planned Unit Development District Review
with Waivers on 28.41 acres and a Zoning District Change from Office to RM-6.5 on 23.59
acres and from Office to R1-9.5 on 4.82 acres
• Adopt a Resolution for a Preliminary Plat of 28.41 acres into 166 lots for the townhome units,
16 lots for the single-family units, 9 lots for common open space and 8 outlots
• Adopt a Resolution for Findings of Fact in Support of Park Dedication Fees
• Direct Staff to prepare a Development Agreement for Prairie Bluff Commons incorporating
Staff and Council conditions.
SUMMARY
Comprehensive Plan Amendment and Zoning
Both parcels are currently guided Office. The application includes a request to amend the
Comprehensive Plan to reguide the proposed single-family area to Low Density Residential and the
townhome areas as Medium Density Residential. The Comprehensive Plan Amendment requires
approval by the Metropolitan Council. The attached resolution outlines the findings supporting the
Comprehensive Plan Amendment.
The Comprehensive Plan Amendment reduces the acreage identified as Office use. With the decline
in the office sector, the switch to residential is a shift that provides needed housing. The character of
the neighborhood will change from an office building and a vacant parcel with a small paved parking
lot to residential. The applicant is proposing significant landscape buffering along Liatris Lane and
Charlson Road and the proposal includes green spaces throughout the neighborhood.
The entire property is currently zoned Office. The applicant is proposing a zoning change to R1-9.5
for the single-family homes and to RM-6.5 for the townhomes. The RM-6.5 Zoning District allows
attached dwelling units.
Density
The proposed development has an overall density of 6.4 units per acre. The density of the single-
family portion of the neighborhood is 3.3 units per acre. The townhome portion of the development
has an overall density of 7.0 units per acre. In the RM-6.5 Zoning District, City Code allows a
maximum density of 6.7 units per acre. The developer is requesting a waiver to increase the density
from 6.7 units per acre to 7.0 units per acre.
The overall density is comparable to the part of Hennepin Village that is most adjacent to the
proposed neighborhood (east of Spring Road and south of Charlson), which is 5.9 units per acre.
Traffic
A Traffic Study was prepared for this project. In summary, the proposed development replaces an
existing vacant parcel and an unoccupied 140,000-square-foot office building. The original site
condition (assuming a fully occupied office building) generated comparable daily traffic (1,096 daily
trips) to the proposed use, while the new Prairie Bluff Commons development is estimated to
generate 1,282 daily trips (91 a.m. peak and 102 p.m. peak). Approximately 30% of the trips are
expected to enter and exit the proposed development from the Liatris Lane connection, while 70%
are expected to utilize the easterly connection to Charlson Road. This level of traffic is not
anticipated to negatively impact adjacent roadway capacity, and all study intersections including
Flying Cloud Drive and Charlson Road are expected to continue operating at an acceptable Level of
Service B or better with minimal delay. The study indicates there are no significant existing safety
concerns, with only 11 crashes reported over a five-year period and no patterns of recurring issues.
Overall, the findings indicate that the surrounding roadway network can adequately accommodate
the proposed residential development without the need for major improvements.
Usable Open Space
The townhome portions of the development require 150 square feet of usable open space per
dwelling unit. The project requires 24,900 square feet of usable open space. In total, the project
includes 61,700 square feet of usable open space, which exceeds the requirement.
The Open Space Plan below illustrates the Usable Open Spaces in darker green and the intended
amenities within. The lighter green areas are green spaces that provide separation between the
townhome buildings.
Building Architecture and Details
The attached staff report includes some renderings illustrating the architecture of the driveway side
(front) of the townhomes. Staff requested renderings of the back of the buildings to illustrate the
details and colors. In response, the developer provided pictures of some actual projects that have
been constructed by Lennar (see photos on the following pages). The highlighted projects include
the Waterford in Waconia, Pioneer Vista in Chaska, and Pioneer Commons in Little Canada. The
back of the buildings they are proposing in Eden Prairie include color variation, trim details and
some rooftop dormers much like the other projects.
Waterford - Waconia
Pioneer Vista – Chaska
Pioneer Commons – Little Canada
Cash Park Fees
The applicant is responsible for paying cash park fees for each of the units with each building permit
application. The amount due will be based on the appropriate fee at the time each building permit
application is issued, less any park fees already paid on the property.
Sidewalk
The Illustrative Site Plan shows a sidewalk on the south side of the spine road starting at Liatris Lane
and ending where the trail begins. The sidewalk was inadvertently omitted from the Site Plan,
Grading Plan etc. This sidewalk will be included in the project and the developer will be adding it
back onto the plans.
Waivers
Single-family Residential
• Minimum Lot Size in R1-9.5– City Code requires a minimum lot size of 9,500 square feet in
the R1-9.5 Zoning District. As proposed, the lots range in size from 6,382 square feet to 6,796
square feet. The reduced lot sizes for the single family home supports the provision of the
overlook parcel, benefitting the neighborhood and are consistent with this type of
development.
• Minimum Lot Width in R1-9.5 – City Code requires a minimum lot width of 70 feet in the R1-
9.5 Zoning District. As proposed, the single-family lots are between 50 and 58 feet wide. The
applicant is requesting a waiver for narrower lots. The proposed lot width provides enough
space for the unit types being proposed. The narrower lot width provides enough space for
an overlook at the west end of the single-family homes that is accessible to the entire
neighborhood and provides a trail connection to the conservation area. Two recently
approved plats (Lotus Villas and Enclave) have similar lot widths
Townhomes
• Minimum Lot Size in RM-6.5 – City Code requires a minimum lot size for the individual units
of 3,000 square feet in the RM-6.5 Zoning District. As proposed, the lot sizes for the
townhomes are either 1,925 square feet or 2,310 square feet. The applicant is requesting
approval of a waiver for smaller lot sizes. The proposed lot sizes provide enough space for
the unit types being proposed and there is common open space surrounding each of the
buildings. The common open space around the buildings provides additional open space in
the development. While in common ownership, this open space, separated by an invisible
property line, provides for more of an open feel and provides separation of structures. The
waiver requests for minimum lot size and lot depth for the townhomes is similar to the
Kinsley townhomes built by Pulte Homes.
• Minimum Lot Depth in RM-6.5 – City Code requires a minimum lot depth of 100 feet for lots
in the RM-6.5 Zoning District. As proposed, the townhome lots are 77 feet deep and the
applicant is requesting a waiver. The proposed lot depth provides enough space for the unit
types being proposed and there is common open space surrounding the buildings. It is
typical for the individual lots in attached townhome developments to be large enough to
accommodate the unit with common space beyond. This open space gives the perception of
additional lot depth while meeting the goals of the ordinance.
• Maximum Gross Density in RM-6.5- City Code allows a maximum density of 6.7 units per acre
in the RM-6.5 zoning district. The applicant is requesting a waiver to allow a density of 7.0
units per acre for the townhomes. The density is comparable to the densities of other
multifamily developments in the neighborhood. The design of the neighborhood includes
stormwater management areas providing a wide space between the units and the adjacent
residential development. There is generous usable and passive open space area being
provided, and there is screening along Liatris Lane, Charlson Road and between the office
building and the units. These elements of the neighborhood plus landscaping and tree
replacement that exceeds the requirements help off-set the waiver requests.
Screening, Buffering, Sight Lines
The applicant is proposing screening and buffering along Liatris Lane, Charlson Road and between the
proposed townhomes and the existing office building to the north and east. In addition, there are
mature trees in the ravines that block sight lines. The cross sections on the next page show sight lines
at various points between the neighborhoods and how the existing vegetation block views of the
proposed townhomes from adjacent uses. The applicant is also adding trees in open space to enhance
the screening.
Phasing
The Hennepin Village HOA representative voiced the hope that the trail along Liatris Lane to
Charlson would remain open. As this trail goes through the construction site, phasing plans will
need to be reviewed to ensure some access to the trail along Liatris and Charlson.
Planning Commission/ Public Comment
The Planning Commission reviewed the project at their May 11, 2026 meeting and recommended
approval as presented with an 8-0 vote.
During the public hearing residents of Hennepin Village were represented by John Miller, who spoke
of concerns with potential traffic on Plumstone, the need for buffering and screening, and current
overuse of the conservation area. The conservation area is city owned, managed, and open to the
public.
The traffic study suggests additional traffic accessing Plumstone will be minimal as Plumstone does
not serve as an advantageous cut-through.
ATTACHMENTS
Resolution for Comprehensive Plan Amendment
Resolution for Planned Development Concept Plan
Ordinance for a Planned Unit Development District Review with Waivers and Zoning District Change
Resolution for Preliminary Plat
Resolution for Findings of Fact in Support of Park Dedication Fees
Planning Commission Staff Report
Approved Minutes from May 11, 2026 Planning Commission meeting
Letter from the Hennepin Village Homeowner’s Association
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN
WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal
Plan (“Plan”); and
WHEREAS, the Plan has been approved by the Metropolitan Council and was placed into effect
on October 1, 2019; and
WHEREAS, the proposal of Prairie Bluff Commons, by US Home, LLC is for a Comprehensive
Guide Plan Change from Office to Low Density Residential on 4.82 acres, as legally described on
Exhibit A; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota,
hereby adopts the amendment of the Plan based on plans stamped dated June 8, 2026 and the
City Council staff memo dated June 16, 2026 and subject to Metropolitan Council approval.
ADOPTED by the City Council of the City of Eden Prairie this ____________________________.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
EXHIBIT A
COMPREHENSIVE PLAN AMENDMENT
Legal Description:
All that part of Lot 1, Block 1, EDEN BLUFF HIGHLANDS 2ND ADDITION, according to the recorded
plat thereof, Hennepin County, Minnesota, described as follows: Beginning at the southwesterly
corner of said Lot 1; thence North 89 degrees 17 minutes 04 seconds East, assumed bearing along
the southerly line of said Lot 1, a distance of 114.61 feet; thence North 82 degrees 36 minutes 03
seconds East, along said southerly line a distance of 184.31 feet; thence South 89 degrees 47
minutes 34 seconds East, along said southerly line, a distance of 56.46 feet; then South 78 degrees
53 minutes 51 seconds East, along said southerly line a distance of 100.30 feet; thence North 89
degrees 17 minutes 04 seconds East, along said southerly line, a distance of 875.34 feet; thence
North 00 degrees 42 minutes 56 seconds West, a distance of 114.54 feet; thence North 49 degrees
57 minutes 17 seconds West, a distance of 28.61 feet; thence southwesterly along a non-
tangential curve, concave to the northwest, having a central angle of 49 degrees 14 minutes 21
seconds, a radius of 52.50 feet for an arc distance of 45.12 feet, the chord of said curve bears
South 64 degrees 39 minutes 53 seconds West; thence South 89 degrees 17 minutes 04 seconds
West, tangent to said curve, a distance of 820.74 feet; thence northerly along a tangential curve,
concave to the northeast having a central angle of 90 degrees 00 minutes 00 seconds, a radius of
68.50 feet for an arc distance of 107.60 feet; thence North 00 degrees 42 minute 56 seconds
West, tangent to said curve, a distance of 129.44 feet; thence North 37 degrees 54 minutes 30
seconds West, a distance of 179.74 feet to the westerly line of said Lot 1; thence South 29 degrees
44 minutes 57 seconds West, along said westerly line a distance of 529.18 feet to the point of
beginning.
From Office to Medium Density Residential
All that part of Lot 1, Block 1, EDEN BLUFF HIGHLANDS 4TH ADDITION, according to the recorded
plat thereof, Hennepin County, Minnesota.
AND
All that part of Lot 1, Block 1, EDEN BLUFF HIGHLANDS 2ND ADDITION, according to the recorded
plat thereof, Hennepin County, Minnesota, EXCEPTING THEREFROM: Beginning at the
southwesterly corner of said Lot 1; thence North 89 degrees 17 minutes 04 seconds East, assumed
bearing along the southerly line of said Lot 1, a distance of 114.61 feet; thence North 82 degrees
36 minutes 03 seconds East, along said southerly line a distance of 184.31 feet; thence South 89
degrees 47 minutes 34 seconds East, along said southerly line, a distance of 56.46 feet; then South
78 degrees 53 minutes 51 seconds East, along said southerly line a distance of 100.30 feet; thence
North 89 degrees 17 minutes 04 seconds East, along said southerly line, a distance of 875.34 feet;
thence North 00 degrees 42 minutes 56 seconds West, a distance of 114.54 feet; thence North
49 degrees 57 minutes 17 seconds West, a distance of 28.61 feet; thence southwesterly along a
non-tangential curve, concave to the northwest, having a central angle of 49 degrees 14 minutes
21 seconds, a radius of 52.50 feet for an arc distance of 45.12 feet, the chord of said curve bears
South 64 degrees 39 minutes 53 seconds West; thence South 89 degrees 17 minutes 04 seconds
West, tangent to said curve, a distance of 820.74 feet; thence northerly along a tangential curve,
concave to the northeast having a central angle of 90 degrees 00 minutes 00 seconds, a radius of
68.50 feet for an arc distance of 107.60 feet; thence North 00 degrees 42 minute 56 seconds
West, tangent to said curve, a distance of 129.44 feet; thence North 37 degrees 54 minutes 30
seconds West, a distance of 179.74 feet to the westerly line of said Lot 1; thence South 29 degrees
44 minutes 57 seconds West, along said westerly line a distance of 529.18 feet to the point of
beginning.
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF
PRAIRIE BLUFF COMMONS FOR U.S. HOME, LLC
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit
Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on May 11, 2026, on Prairie
Bluff Commons by U.S. Home, LLC and considered their request for approval of the PUD
Concept Plan and recommended approval of the request to the City Council; and
WHEREAS, the City Council did consider the request on June 16, 2026.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows:
1. Prairie Bluff Commons, being in Hennepin County, Minnesota, legally described
as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”).
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated June 8, 2026.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated May 11, 2026
ADOPTED by the City Council of the City of Eden Prairie this 16th day of June, 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
EXHIBIT A
PUD Concept
Legal Description:
Parcel 1:
Lot 1, Block 1, Eden Bluff Highlands 2nd Addition, Hennepin County, Minnesota
and
Parcel 2:
Lot 1, Block 1, Eden Bluff Highlands 4th Addition, Hennepin County, Minnesota
City of Eden Prairie
Hennepin County, Minnesota
Ordinance No. __2026-PUD_2026
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING
THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is
legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from
The Office Zoning District and be placed in the RM-6.5 Zoning District on 23.59 acres and
removed from the Office Zoning District and be placed in the R1-9.5 Zoning District on 4.82
acres.
Section 3. That action was duly initiated proposing that the designation of the land be
amended within the RM-6.5 and R1-9.5 as -2026-PUD-_-2026 (hereinafter "PUD-_-2026”).
Section 4. The City Council hereby makes the following findings:
A. PUD-_-2026 is not in conflict with the goals of the Comprehensive Guide Plan of
the City.
B. PUD-_-2026 is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-_-2026 are justified by the design of the
development described therein.
D. PUD-_-2026 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed
from the Office Zoning District and be placed in the RM-6.5 Zoning District on 23.59 acres and
removed from the Office Zoning District and be placed in the R1-9.5 Zoning District on 4.82
acres as noted in Exhibit A and shall be included hereafter in the Planned Unit Development
PUD-_-2026 and the legal descriptions of land in each district referred to in City Code Section
11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of entered into between U.S. Home, LLC and the
City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement
contains the terms and conditions of PUD-_-2026, and are hereby made a part hereof.
Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a
Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim
herein.
Section 8. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of
June, 2026, and finally read and adopted and ordered published in summary form as attached
hereto at a regular meeting of the City Council of said City on the _____________________.
ATTEST:
David Teigland, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the _______________, 2026.
EXHIBIT A
Legal Description:
Zoning Change from Office to RM-6.5
All that part of Lot 1, Block 1, EDEN BLUFF HIGHLANDS 4TH ADDITION, according to the recorded
plat thereof, Hennepin County, Minnesota.
AND
All that part of Lot 1, Block 1, EDEN BLUFF HIGHLANDS 2ND ADDITION, according to the recorded
plat thereof, Hennepin County, Minnesota, EXCEPTING THEREFROM: Beginning at the
southwesterly corner of said Lot 1; thence North 89 degrees 17 minutes 04 seconds East, assumed
bearing along the southerly line of said Lot 1, a distance of 114.61 feet; thence North 82 degrees
36 minutes 03 seconds East, along said southerly line a distance of 184.31 feet; thence South 89
degrees 47 minutes 34 seconds East, along said southerly line, a distance of 56.46 feet; then South
78 degrees 53 minutes 51 seconds East, along said southerly line a distance of 100.30 feet; thence
North 89 degrees 17 minutes 04 seconds East, along said southerly line, a distance of 875.34 feet;
thence North 00 degrees 42 minutes 56 seconds West, a distance of 114.54 feet; thence North
49 degrees 57 minutes 17 seconds West, a distance of 28.61 feet; thence southwesterly along a
non-tangential curve, concave to the northwest, having a central angle of 49 degrees 14 minutes
21 seconds, a radius of 52.50 feet for an arc distance of 45.12 feet, the chord of said curve bears
South 64 degrees 39 minutes 53 seconds West; thence South 89 degrees 17 minutes 04 seconds
West, tangent to said curve, a distance of 820.74 feet; thence northerly along a tangential curve,
concave to the northeast having a central angle of 90 degrees 00 minutes 00 seconds, a radius of
68.50 feet for an arc distance of 107.60 feet; thence North 00 degrees 42 minute 56 seconds
West, tangent to said curve, a distance of 129.44 feet; thence North 37 degrees 54 minutes 30
seconds West, a distance of 179.74 feet to the westerly line of said Lot 1; thence South 29 degrees
44 minutes 57 seconds West, along said westerly line a distance of 529.18 feet to the point of
beginning.
Zoning Change from Office to R1-9.5
All that part of Lot 1, Block 1, EDEN BLUFF HIGHLANDS 2ND ADDITION, according to the recorded
plat thereof, Hennepin County, Minnesota, described as follows: Beginning at the southwesterly
corner of said Lot 1; thence North 89 degrees 17 minutes 04 seconds East, assumed bearing along
the southerly line of said Lot 1, a distance of 114.61 feet; thence North 82 degrees 36 minutes 03
seconds East, along said southerly line a distance of 184.31 feet; thence South 89 degrees 47
minutes 34 seconds East, along said southerly line, a distance of 56.46 feet; then South 78 degrees
53 minutes 51 seconds East, along said southerly line a distance of 100.30 feet; thence North 89
degrees 17 minutes 04 seconds East, along said southerly line, a distance of 875.34 feet; thence
North 00 degrees 42 minutes 56 seconds West, a distance of 114.54 feet; thence North 49 degrees
57 minutes 17 seconds West, a distance of 28.61 feet; thence southwesterly along a non-
tangential curve, concave to the northwest, having a central angle of 49 degrees 14 minutes 21
seconds, a radius of 52.50 feet for an arc distance of 45.12 feet, the chord of said curve bears
South 64 degrees 39 minutes 53 seconds West; thence South 89 degrees 17 minutes 04 seconds
West, tangent to said curve, a distance of 820.74 feet; thence northerly along a tangential curve,
concave to the northeast having a central angle of 90 degrees 00 minutes 00 seconds, a radius of
68.50 feet for an arc distance of 107.60 feet; thence North 00 degrees 42 minute 56 seconds
West, tangent to said curve, a distance of 129.44 feet; thence North 37 degrees 54 minutes 30
seconds West, a distance of 179.74 feet to the westerly line of said Lot 1; thence South 29 degrees
44 minutes 57 seconds West, along said westerly line a distance of 529.18 feet to the point of
beginning.
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE BLUFF COMMONS
FOR U.S. HOME, LLC
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of the parcel(s) legally described in Exhibit A attached, named Prairie
Bluff Commons for U.S. Home, LLC stamp dated June 8, 2026, and consisting of 28.41 acres into
166 lots for the townhomes, 16 lots for the single-family homes, 9 lots for common open space
and 8 outlots, a copy of which is on file at the City Hall, is found to be in conformance with the
provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is
herein approved subject to approval of the 2nd reading of the Ordinance for the Planned
Development District Review with waivers, the 2nd Reading of a Zoning District change, approval
of a Site Plan Review and approval of the Development Agreement.
NOW, THEREFORE, BE IT RESOLVED ________________________________________________.
ADOPTED by the City Council of the City of Eden Prairie this ____________________________.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
EXHIBIT A
Preliminary Plat Legal Description:
Legal Description Before Final Plat:
Parcel 1: Lot 1, Block 1, Eden Bluff Highlands 2nd Addition, Hennepin County, Minnesota
and
Parcel 2: Lot 1, Block 1, Eden Bluff Highlands 4th Addition, Hennepin County, Minnesota
Legal Description After Final Plat:
Lots 1-15, Block 1; Lots 1-13, Block 2; Lots 1-29, Block 3; Lots 1-21, Block 4; Lots 1-13, Block 5;
Lots 1-21, Block 6; Lots 1-17, Block 7; Lots 1-37, Block 8; Lots 1-25, Block 9; and Outlots A, B, C,
D, E, F, G, H, Prairie Bluff Commons, Hennepin County, Minnesota.
Prairie Bluff Commons
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION APPROVING PARK DEDICATION FEES FOR PRAIRIE BLUFF
COMMONS FOR U.S. HOME, LLC
WHEREAS/BE IT RESOLVED, City Code Chapter 12, Section 12.40 Subd. 1 requires an owner of
land being subdivided to dedicate to the public for public use as parks, playgrounds or public
open space a reasonable portion of the land up to 10% thereof; and
WHEREAS/BE IT RESOLVED, the Prairie Bluff Commons project includes subdivided land that
deferred park dedication at the time of building permit issuance; and
WHEREAS/BE IT RESOLVED, in lieu of dedicating land, City Code Chapter 12, Section 12.40
Subd. 2; gives the City the option to require the developer to contribute an equivalent amount
in cash in lieu of all or a portion of the land which the City may require such owner to dedicate
in accordance with the schedule to be set by resolution of the Council;
WHEREAS/BE IT RESOLVED, the payment of cash park fees in lieu of land dedication is
appropriate given the nature of the use on the property; and
WHEREAS/BE IT RESOLVED, the City’s current fee ordinance at the time of building permit
issuance sets the cash park fee per residential unit, which is calculated in accordance with Minn.
Stat. § 462.358, subd. 2b(c);
WHEREAS/BE IT RESOLVED, the City Council held a public hearing at its June 16, 2026 meeting;
NOW, THEREFORE, BE IT RESOLVED that the following findings are hereby adopted in support of
the imposition of a cash park fee in lieu of land dedication as a condition of subdivision approval
for the Prairie Bluff Commons Development project.
1. The Project does not include available land that is suitable for parkland.
2. The Project includes the construction of 166 townhome units and 16 single-family units.
Development and occupancy of the units is expected to have an impact on the City’s
parks and trail system.
3. The Project is adjacent to the Prairie Bluff Conservation Area, increasing the likelihood
that residents of the Project will use the City’s trails, parks, and open spaces.
4. The development has trails and sidewalks that connect to the broader public trail and
sidewalk system. The City improves and maintains the public pedestrian and bicycle
facilities for all residents to enjoy.
5. There is an essential nexus between requiring the cash park fees for the Project and the
City’s goal of providing a high-quality park system for all individuals who live or work in
the City, including residents of the Project.
6. The need for parkland created by the Project is roughly proportional to the cash park fee
amount required by the City’s fee ordinance. The cash park fees will be used for future
anticipated park acquisition and improvement projects in the City, pedestrian and
bicycle facility improvements, and other projects to improve City park and recreational
facilities that are likely to be used by residents of the Project.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of June, 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
Page 1 of 4
John Miller
Hennepin Village Master Board Secretary
15465 June Grass Ln
Eden Prairie, MN 55347
May 6, 2026
Beth Novak-Krebs
Senior Planner
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota
Re: Prairie Bluff Commons, Project Number 2025-11
Dear Ms. Novak-Krebs:
By way of introduction, I am the Secretary of the Hennepin Village Master Board working
with Hennepin Village Master Board President Steve McArthur to be the designed
spokesperson for Hennepin Village, at the Public Hearing on May 11, 2026, as Mr. McArthur
will be out of state and unable to attend. Hennepin Village is a community of 633
townhome and single-family homes to the west of the proposed Prairie Bluff Commons
development. This letter serves as the written comments from the Hennepin Village
Master Board regarding the proposed development.
Traffic Concerns
The primary concerns of our community are traffic considerations, as they were when the
CH Robinson office expansion project was considered years ago. CH Robinson will still
have a large number of employees using the two remaining office buildings, and now there
will be just under two hundred additional residential townhomes and villas, each with
garages and driveways allowing for multiple vehicles to be used by the residents of these
new units.
Hennepin Village has specific concerns about the Liatris Road corridor leading to Charlson
Road, not unlike the concerns that were raised during the discussions on the CH Robinson
project. The site plan shows a new road to the proposed development directly across
Liatris from Plumstone Drive. This is a major concern. Plumstone is a narrow street, with
houses on both sides, often with cars parked on one or both sides of the street. We do not
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want additional traffic from the new development utilizing Plumstone Drive to access
Pincherry or westbound Charlson. A large increase in thru traffic on Plumstone could
potentially be a safety issue. When the prior traffic study was done, back when the CH
Robinson expansion was considered, the solution was to not allow vehicles exiting the
western end of the expansion to access Plumstone Drive. Our recommendation is that the
west entrance to the new development should either be a T-intersection on Liatris between
Plumstone and Charlson, or the entrance should be moved to Charlson between Liatris
and CH Robinson, or perhaps some other mitigation as appropriate for traffic control.
The narrative “Prairie Bluff Commons - Townhome & Villa Residential Community”
indicates that a traffic study is pending. When is this traffic study expected to be complete,
and will this be made available for review and comment for neighboring communities prior
to granting of approval for re-zoning? Hennepin Village would like to see what
consideration the traffic study gives to the proximity of the western entrance with
Plumstone Drive.
Also of concern is the Liatris Road / Charlson Road intersection. Twice a day school buses
make stops along this corridor. With almost 200 additional residential units being built,
there will certainly be an increase in traffic that needs to be managed. Will any upgrades
be needed to the Liatris/Charlson intersection?
Another issue that was also raised years ago is the impact of increased traffic during peak
hours at the Spring Road/Charlson intersection. Hennepin Village would like to see what
conclusions are drawn by the new traffic study regarding this intersection.
Private Road Use and Maintenance
The Hennepin Village Master Board further notes that most of the streets in our community
are private roads. (The exceptions are Plumstone, Liatris and Pincherry north of June
Grass, and June Grass between Liatris and Pincherry, all of which are city-owned streets.)
Although residents of the new development may not need to use our private roads directly
to access their homes, there nevertheless will certainly be additional traffic on our private
roads, for example, by residents of the new community accessing the Prairie Bluff
Conservation Area Overlook.
Further to the Conservation Area Overlook, although the pavilion and parking area are city-
owned property, these can only be accessed via Hennepin Village private roads. Already
Hennepin Village homeowners need to bear the cost of maintenance and repair of these
roads for non-residents of Hennepin Village accessing the Conservation Area, and this will
only increase with 182 more homes being built in proximity.
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Street parking is also an issue. Although the striped parking area near the Conservation
Area is city property, the adjacent streets are private roads. During busy times, visitors to
the Conservation Area will park on the roads, leading to crowding and congestion. This will
certainly increase with the proposed new Prairie Bluff Commons development. Is there
any mitigation or relief being planned for Hennepin Village for what will be additional use of
our private roads?
Buffering and Sight Lines
An issue that surfaced with the CH Robinson commercial expansion was the impact on
existing townhome inventory sight lines from Liatris to Indigo, overlooking the proposed
three-story commercial building. In reviewing the provided Landscape Plan and Site Plan it
is not clear whether sufficient buffering is being provided with the new Prairie Bluff
Commons development.
Conservation Area
Hennepin Village also wants to understand what access to the existing Conservation Area
is being planned for with this project. There have been multiple issues over the years of
overuse of certain areas of the Conservation Area. The site plan does not appear to show
any additional trail access being planned for the Conservation Area. However, there is still
concern with an additional 182 units being planned in the vicinity. This year the number
individuals accessing unauthorized parts of the Conservation Area has reached major
levels, with the police having to be called frequently. It is filled with photographers taking
wedding, graduation, etc., pictures in the protected grass areas off the walking paths. This
congestion will be magnified by the additional housing.
June Grass to CH Robinson Trail Access
The existing trail between the June Grass / Indigo corner and CH Robinson is used by many
pedestrians (walkers, joggers, bicyclists). The site plan shows that this trail is being kept
with a slight realignment. Our concern is whether this trail will be closed during
construction (the narrative indicates 5-6 years for the entire development build-out), and if
so, how long would the trail be closed. Pedestrians rely on this trail connection, and we
would want to make sure that any disruption is minimized, for example, by providing an
alternate or temporary trail, while the permanent trail alignment is being constructed.
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Playground / Pool Area
The new development does not appear to have any playground or pool area. That in and of
itself is not a problem, but Hennepin Village does have playground areas and a swimming
pool (paid for by dues of Hennepin Village homeowners) and our concern is that
homeowners in the proposed Prairie Bluff Commons may think that Hennepin Village
amenities are theirs to use as well. This may not be an issue with most homeowners, but I
have heard of cases of realtors marketing homes as being in proximity to privately-owned
amenities not intended for general public use. If the west entrance to the new
development was moved from Liatris to Charlson (as suggested under Traffic concerns)
that might make it more obvious that Prairie Bluff Commons and Hennepin Village are
distinctly separate HOA’s.
I look forward to attending the meeting and speaking to the planning commission on these
issues.
Best Regards,
John Miller
Hennepin Village Master Board Secretary
On behalf of the entire Hennepin Village Master Board
Planning Commission Report
Date:
Location:
Subject:
From:
Applicant:
Review period
expires:
August 3, 2026
ITEM DESCRIPTION
The applicant is requesting approval to redevelop the property at 14800 Charlson Road and the
unaddressed vacant parcel to its northwest. Together the parcels total 28.41 acres. The property
at 14800 Charlson Drive is 16.74 acres and there has been an office building on the property for
nearly 20 years. Today, the building is vacant, and the applicant is proposing to redevelop the
site with 90 owner-occupied townhomes and 16 single-family lots. The parcel to the northwest
is 11.67 acres and currently undeveloped. The applicant is proposing to develop 76 owner-
occupied townhomes on that parcel. There will be a total of 182 units.
REQUESTED ACTIONS
• Comprehensive Plan Amendment from Office to Medium Density Residential on 23.59
acres and from Office to Low Density Residential on 4.82 acres
• Planned Unit Development Concept Plan Review on 28.41 acres
• Planned Unit Development District Review with Waivers on 28.41 acres
• Zoning Change from Office to RM-6.5 on 23.59 acres and from Office to R1-9.5 on 4.82
acres
• Preliminary Plat of 28.41 acres into 166 lots for the townhome units, 16 lots for the
single-family units, 9 lots for common open space and 8 outlots
• Site Plan Review on 23.59 acres
BACKGROUND
Both parcels are located in the northwest corner of the intersection of Flying Cloud Drive and
Charlson Road. The parcel at 14800 Charlson Road is much higher in elevation than Flying Cloud
Drive, and there are views of the Minnesota River Valley along the south property line.
Surrounding land uses include an office building and the airport to the north, an office building
to the east, residential to the west (Hennepin Village) and residential and conservation land to
the south.
Staff report – Prairie Bluff Commons
May 11, 2026
Page 2
COMPREHENSIVE PLAN
AMENDMENT AND
ZONING
The entire 28.41-acre
property is currently
guided Office in the
Aspire 2040 Plan. The
applicant is proposing a
Comprehensive Plan
Amendment to reguide
4.82 acres of the
property to Low Density
Residential (0.1-5 units
per acre) for single-
family homes and 23.59
acres of the property to
Medium Density
Residential (5-14 units
per acre) for the
townhomes. The Comprehensive Plan Amendment requires approval by the Metropolitan
Council and staff will submit an application after the 1st reading before City Council.
The Comprehensive Plan Amendment reduces the acreage identified as Office use. With the
decline in the office sector, the switch to residential is a shift that provides needed housing. The
adjacent land uses include residential (Hennepin Village), office, airport, and conservation lands.
The character of the neighborhood will change from an office building and a vacant parcel with
a small paved parking lot to residential. The applicant is proposing significant landscape buffering
along Liatris Lane and Charlson Road and the proposal includes green spaces throughout the
neighborhood. The environmental impacts are minimal given that the southeast parcel is already
developed, and the northwest parcel was altered by grading activities to build the current
stormwater management facilities in the early 2000’s. City sanitary sewer, water, and storm
sewer are located nearby and capable of serving this property. The proposed development
consists of 182 residential units, including 166 townhomes and 16 single-family villas, replacing
an existing vacant parcel and an unoccupied 140,000-square-foot office building. The original site
condition (assuming a fully occupied office building) generated comparable daily traffic (1,096
daily trips) to the proposed use, while the new Prairie Bluff Commons development is estimated
to generate 1,282 daily trips (91 a.m. peak and 102 p.m. peak). With the assumption that the
majority of the traffic will use the access point onto Charlson Road, this should lessen the impact
on Liatris Lane.
The entire property is currently zoned Office. The applicant is proposing a zoning change to R1-
9.5 for the single-family homes, which is consistent with the proposed Low Density Residential
guiding and to RM-6.5 for the townhomes, which is consistent with the proposed Medium
Density Residential guiding. The RM-6.5 Zoning District allows attached dwelling units.
Project Site
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May 11, 2026
Page 3
AGENCY OR MUNICIPALITY COMMENTS
As part of the Comprehensive Plan Amendment process, information on the project was sent to
adjacent cities, the School District, the watershed district, the DNR, Three Rivers, MAC and area
Transportation agencies. No comments requiring modifications were received.
The overall density of this proposal is 6.4 units per acre. The portion of Hennepin Village east of
Spring Road and south of Charlson has an overall density of 5.9 units per acre.
SITE PLAN
The existing office building and associated infrastructure on the southeast parcel will be
demolished. The plan for the southeast portion of the property includes 16 single-family lots and
90 townhomes. The single-family lots are located along the south property line taking advantage
of the views of the Minnesota River Valley. The proposed location of the single-family homes is
between 20 and 55 feet in elevation above Flying Cloud Drive overlooking the river. At the west
end of the single-family homes, an overlook is proposed as an amenity for neighborhood
residents. The 90 townhome units are located between the single-family homes and the office
building to the north. Existing and proposed stormwater management facilities will be located
along the west side of the parcel.
The undeveloped parcel to the northwest is proposed to include 76 townhome units. The
proposal includes stormwater management along the south side of the parcel and townhomes
on the northern 2/3 of the parcel. The existing parking lot in the northeast corner will be
removed.
Staff report – Prairie Bluff Commons
May 11, 2026
Page 4
All the townhomes are arranged in buildings containing 4 or 6 units. The overall plan includes 13
buildings with 4 units each and 19 buildings with 6 units each for a total of 32 buildings and 166
townhome units. Each unit will have a 2-stall garage that will face inward toward the private
drive. Common open space surrounds the buildings.
In addition to the overlook on the west end of the single-family lots, the plan includes a central
privately owned and maintained park space with amenities. More details are covered under the
section on Usable Open Space Additionally, the proposed project includes numerous trails with
connections to Hennepin Village, the Prairie Bluff Conservation Area and Charlson Road and
Liatris Lane.
PRELIMINARY PLAT
The applicant is proposing a preliminary plat for the entire 28.41 acres. The plat includes 1 lot for
each townhome unit for a total of 166 lots, 1 lot for the common space around each grouping of
townhomes for a total of 9 lots, and 16 lots for the single-family homes. The plat also includes 4
outlots for stormwater management, 2 outlots for the private streets and 2 outlots for usable
open space.
The applicant is proposing to dedicate outlots A and D to the City for stormwater management
because they collect runoff from public infrastructure. The remaining outlots will be owned and
maintained by the homeowner’s association.
PLANNED UNIT DEVELOPMENT WAIVERS
The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a
more creative and efficient approach to the use of land within the City; to allow variety in the
types of environment available to people and distribution of overall density of population and
intensity of land use where desirable and feasible; and provide for greater creativity and flexibility
in environmental design.
Single-family Residential
• Minimum Lot Size in R1-9.5– City Code requires a minimum lot size of 9,500 square feet
in the R1-9.5 Zoning District. As proposed, the lots range in size from 6,382 square feet to
6,796 square feet. The reduced lot sizes for the single family home supports the provision
of the overlook parcel, benefitting the neighborhood and are consistent with this type of
development.
• Minimum Lot Width in R1-9.5 – City Code requires a minimum lot width of 70 feet in the
R1-9.5 Zoning District. As proposed, the single-family lots are between 50 and 58 feet
wide. The applicant is requesting a waiver for narrower lots. The proposed lot width
provides enough space for the unit types being proposed. The narrower lot width
provides enough space for an overlook at the west end of the single-family homes that is
accessible to the entire neighborhood and provides a trail connection to the conservation
area. Two recently approved plats (Lotus Villas and Enclave) have similar lot widths
Townhomes
• Minimum Lot Size in RM-6.5 – City Code requires a minimum lot size for the individual
units of 3,000 square feet in the RM-6.5 Zoning District. As proposed, the lot sizes for the
townhomes are either 1,925 square feet or 2,310 square feet. The applicant is requesting
Staff report – Prairie Bluff Commons
May 11, 2026
Page 5
approval of a waiver for smaller lot sizes. The proposed lot sizes provide enough space for
the unit types being proposed and there is common open space surrounding each of the
buildings. The common open space around the buildings provides additional open space
in the development. While in common ownership, this open space, separated by an
invisible property line, provides for more of an open feel and provides separation of
structures. The waiver requests for minimum lot size and lot depth for the townhomes is
similar to the Kinsley townhomes built by Pulte Homes.
• Minimum Lot Depth in RM-6.5 – City Code requires a minimum lot depth of 100 feet for
lots in the RM-6.5 Zoning District. As proposed, the townhome lots are 77 feet deep and
the applicant is requesting a waiver. The proposed lot depth provides enough space for
the unit types being proposed and there is common open space surrounding the
buildings. It is typical for the individual lots in attached townhome developments to be
large enough to accommodate the unit with common space beyond. This open space
gives the perception of additional lot depth while meeting the goals of the ordinance.
• Maximum Gross Density in RM-6.5- City Code allows a maximum density of 6.7 units per
acre in the RM-6.5 zoning district. The applicant is requesting a waiver to allow a density
of 7.0 units per acre for the townhomes. The density is comparable to the densities of
other multifamily developments in the neighborhood. The design of the neighborhood
includes stormwater management areas providing a wide space between the units and
the adjacent residential development. There is generous usable and passive open space
area being provided, and there is screening along Liatris Lane, Charlson Road and between
the office building and the units. These elements of the neighborhood plus landscaping
and tree replacement that exceeds the requirements help off-set the waiver requests.
The townhome buildings and single-family homes comply with the required 30-foot setback from
a public street (Liatris Lane and Charlson Drive). The applicant is proposing that the townhome
buildings have not less than 22-foot from the back of the curb to the building along the private
street and the single-family homes have not less than 20 feet from the back of the curb to the
buildings along the private street. This is compliant with City Code as setbacks are applied and
measured from public streets. Staff supports these distances from the private street because
they provide enough room for a car to park in the driveway.
ACCESS AND STREET CONNECTIONS
The parcels have access from Charlson Road and Liatris Lane. Internal streets are private,
including a 26-foot wide central east/west road linking Liatris and Charlson. In most cases, there
are multiple ways to access a townhome once inside the neighborhood, which is advantageous
for emergency vehicles.
TRAFFIC STUDY
A Traffic Study was prepared for this project and this paragraph summarizes the finding of study.
The proposed development consists of 182 residential units, including 166 townhomes and 16
single-family villas, replacing an existing vacant parcel and an unoccupied 140,000-square-foot
office building. The original site condition (assuming a fully occupied office building) generated
comparable daily traffic (1,096 daily trips) to the proposed use, while the new Prairie Bluff
Commons development is estimated to generate 1,282 daily trips (91 a.m. peak and 102 p.m.
peak). Approximately 30% of the trips are expected to enter and exit the proposed development
Staff report – Prairie Bluff Commons
May 11, 2026
Page 6
from the Liatris Lane connection, while 70% are expected to utilize the easterly connection to
Charlson Road. This level of traffic is not anticipated to negatively impact adjacent roadway
capacity, and all study intersections including Flying Cloud Drive and Charlson Road are expected
to continue operating at an acceptable Level of Service B or better with minimal delay. The study
indicates there are no significant existing safety concerns, with only 11 crashes reported over a
five-year period and no patterns of recurring issues. Overall, the findings suggest that the
surrounding roadway network can adequately accommodate the proposed residential
development without the need for major improvements.
PARKING
The parking requirements for the single-family homes (villas) is 2 stalls/dwelling unit with at least
one stall covered. Each of the single-family homes exceed the minimum requirement by having
a 2-car garage and additional parking in the driveway. The townhomes require 2 stalls/dwelling
unit and ½ of the required spaces must be covered. The townhomes exceed these requirements.
The applicant is proposing 59 visitor parking stalls in various locations throughout the
development. With 2 car garages, 2 parking stalls in each driveway plus 59 visitor stalls, the
townhome portion of the development provides 4.4 parking stalls per unit.
The width of the private drives are proposed at 26 feet. On-street parking may be allowed on one
side of the private drives except for certain areas where no on-street would be allowed for fire truck
access.
DENSITY
The proposed development has an overall density of 6.4 units per acre. The density of the single-
family portion of the neighborhood is 3.3 units per acre, which is consistent with the proposed
guiding of Low-Density Residential allowing 0.1 – 5 units per acre. The townhome portion of the
development has an overall density of 7.0 units per acre, which is consistent with the proposed
guiding of Medium Density Residential allowing 5 - 14 units per acre. In the RM-6.5 Zoning
District, City Code allows a maximum density of 6.7 units per acre. The developer is requesting a
waiver to increase the density from 6.7 units per acre to 7.0 units per acre.
This is comparable to the part of Hennepin Village that is most adjacent to the proposed
neighborhood (east of Spring Road and south of Charlson), which is 5.9 units per acre.
Staff report – Prairie Bluff Commons
May 11, 2026
Page 7
SIDEWALKS AND TRAILS
The proposed project is well served by existing trails. There is an existing 8-foot wide bituminous
trail on the south side of Charlson Road for the entire length of the street. This public trail
connects to the trail in the Prairie Bluff Conservation Area and the trail along Flying Cloud Drive.
There is also an existing 8-foot wide bituminous trail on the east side of Liatris Lane from Charlson
Road to Junegrass Lane. This public trail provides access between Hennepin Village and the trail
along Charlson Road.
The proposed project includes a combination of a sidewalk and a trial along the east/west street
running between Liatris and Charlson. In addition, a trail will be connected to Hennepin Village
and a trail will run along the west side of the southeast parcel to the trail in the Prairie Bluff
Conservancy area at the overlook.
BUILDING ARCHITECTURE AND MATERIALS
The single-family homes are proposed as one-story with basements. These 2 to 3-bedroom
homes will range in size from 1,557 square feet to 3,274 square feet and will include a 2-car
garage.
The townhomes are proposed as two-story and range in size from 1,719 square feet to 1,777
square feet. Each unit will have 3 bedrooms and 2-car garages. The townhomes are arranged in
groups of 4 and 6 units attached.
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May 11, 2026
Page 8
Lennar Homes provides a variety of styles for the single-family homes and the townhome
buildings. For both the townhomes and single-family homes, Lennar Homes include varying
amounts of stone on front facades and siding materials consist of lap siding, shakes, or board and
batten. Other architectural features available on selected facades include columns, gables,
shutters, accentuated window trim and fascia, and decorative roof brackets and cornices.
Lennar’s design team will carefully plan the color packages of each home to avoid monotony and
to ensure a visually appealing streetscape.
The ends of the townhome buildings that face public or private streets have additional
architectural interest such as additional windows, stone, varying siding styles, and varying colors.
The back side of the townhomes, have some horizontal variation in the siding styles and trim as
seen in the example units below. Staff recommends color variations as well on the back side. All
these architectural details create a high-quality design, supporting the Eden Prairie design
guidelines.
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May 11, 2026
Page 9
The applicant is proposing vinyl siding. There are no building material requirements in the RM-
6.5 and R1-9.5 zoning districts. However, staff recommends the use of a heavy grade of vinyl
siding, similar to the Kinsley project, which offers better durability, impact resistance, and rigidity
against wind and tends to retain its look longer than a lower grade vinyl.
USABLE OPEN SPACE
The townhome portions of the development require 150 square feet of usable open space per
dwelling unit. There are a total of 166 townhomes in the development, which requires 24,900
square feet of usable open space.
The proposal provides one outlot adjacent to the single-family portion of the development for
usable open space for all residents of the neighborhood. The 6,700 square foot lot overlooks the
Minnesota River Valley and will include trees, a gazebo, benches, and a regional trail connection
to the Prairie Bluff Conservation Area.
The applicant is also proposing a more centrally located usable open space of approximately
55,000 square feet. The space will provide a dog park, playground, open field play area, picnic
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May 11, 2026
Page 10
tables, grilling area, benches, and a trail connection to Hennepin Village and to the conservancy
area.
In total, the project includes 61,700 square feet of usable open space, which exceeds the 24,900
square foot requirement.
STEEP SLOPE PERMIT
There are some steep slopes on the property, mostly associated with the existing stormwater
management areas. Any potential impacts to the steep slopes have been reviewed and addressed
with this project.
DRAINAGE/STORMWATER MANAGEMENT
The Development’s stormwater will be treated by two privately maintained permanent ponds,
meeting established Best Management Practices. The westerly portion will be treated by an
infiltration basin abutting Liatris Lane while the eastern portion is directed to an infiltration basin
north of the existing City pond.
UTILITIES
There are public water and sanitary sewer mains under Charlson Road and Liatris Lane. The
utilities within the project will be private, but the private lines connect into the overall public
system so drainage and utility easements over the private lines will be required. All of outlots C
and E, which are the private streets, have drainage and utility easements over the outlots.
TREE LOSS AND GRADING
The southeast parcel has some existing trees along the ravine and along Charlson Road with the
remainder of the lot covered by the building and parking. Most of the existing trees help establish
a buffer along Charlson Road and will be saved, to be supplemented with additional deciduous
and evergreen trees and shrubs along Charlson Road. Many of the trees along the ravine will be
saved as they will not be impacted by grading activities.
The northwest parcel has some existing canopy and evergreen trees around the existing parking
lot on the parcel. These trees will be removed due to grading activities and construction of the
townhomes. The applicant is proposing a landscape buffer with a mixture of trees and shrubs
along Charlson Road and Liatris Lane. There are some existing trees in the southern portion of
the site near the existing stormwater management facilities. Many of these trees will remain.
The following cross sections illustrate the elevation differences between adjacent uses and this
project. It also shows that the existing trees provide a buffer.
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May 11, 2026
Page 11
LANDSCAPING AND TREE REPLACEMENT PLAN
The townhome portion of the development requires 906 caliper inches of landscaping, and the
plan provides 1,075 caliper inches. The project includes trees in the green spaces, trees for
screening along the roads and between land uses and trees along the private streets. In addition
to the trees and shrubs throughout the overall development, the project includes landscape plans
for each of the townhome buildings. The plans include foundation plantings around each building
to enhance the overall planting in the neighborhood. The foundation plantings include a mix of
deciduous and evergreen shrubs, perennials and ornamental grasses that provide a transition
from the structure to the yard. The landscaping plan reflects shrubs and perennials with a variety
of flower colors that bloom during the spring and summer.
The tree replacement requirement is 332 caliper inches. The plan includes 362 caliper inches.
The replacement trees are located in the rear yards of the buildings, in green spaces, and along
the streets.
The landscaping and tree replacement exceed the requirements.
TREE REPLACEMENT PHASING
The tree replacement for the single-family lots will occur after the homes have been built to
prevent damage to the trees during construction.
There are significant landscape buffers along Liatris Lane and Charlson Road. The development
agreement will include provisions to install landscaping in these areas with the first phase of
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May 11, 2026
Page 12
the development. This allows the buffers to get established while the other phases are being
constructed.
INCLUSIONARY HOUSING
Lennar will be providing Inclusionary Housing in accordance with City standards. Prairie Bluff
Commons will be an owner-occupied community. Based on City Code, Lennar must provide 10%
of dwelling units affordable to households at or below 115% of Area Median Income (AMI). Based
on this, 17 of the 166 total townhomes will be sold under the Inclusionary Housing provision. The
development agreement will specify these requirements and methodology.
SUSTAINABILITY
All homes in the Prairie Bluff Commons community will provide an EV-Ready Garage which
includes one 40-ampere, 208/240-volt dedicated branch circuit; circuit will terminate in a
receptacle, junction box, or an EV charger located in close proximity to parking space; branch
circuit will be identified as EV-Ready in the service panel or subpanel directory, and termination
location will be marked as EV-Ready.
The villa homes in Prairie Bluff Commons will be built to IRC solar-ready standard which will make
it feasible to install rooftop solar panels at a future date should an individual owner choose to do
so. The owner-occupied townhomes will not be designed for the future installation of solar panel
arrays as the individual townhomes lack the required 150 sq ft of contiguous space to
accommodate solar infrastructure given the presence of gables and various vents on the rooftop.
The exterior of the townhomes are maintained by the HOA which would make maintenance,
repair, and replacement problematic if certain units contained solar panels and others did not.
The Sustainability Coordinator supports the requested modification to the Sustainable Building
Standards on the solar-ready piece for the townhomes.
HISTORIC/ARCHEOLOGICAL FEATURES AND/OR STRUCTURES
The property is located within the Cultural Resources Buffer Area. This area has a high
archeological potential. In 1997, Loucks & Associates, Inc. prepared a Phase I Archeological
Reconnaissance Survey of a Proposed Development Area in T116N, R22W, Portions of Sections
21, 28, and 29 in Eden Prairie. The survey included 250 acres on the west side of Spring Road
and 250 acres on the east side of Spring Road, which included the subject properties. The
survey identified one burial mound, which was authenticated by the Office of the State
Archeologist. The mound is located near Hennepin Village and protected on property owned by
the City of Eden Prairie. Although the survey did not recommend further investigation for any
of the other sites surveyed on east side of Spring Road, it is important to be aware of the
possibility of encountering some historic artifacts during excavation. The Development
Agreement will include language to address this possibility.
PARK FEES
The applicant is responsible for paying cash park fees for each of the units with each building
permit application. The amount due will be based on the appropriate fee at the time each
building permit application is issued. When the existing office building at 14800 Charlson was
constructed in 2005, cash park fees in the amount of $125,550 were paid. The amount paid in
2005 will be applied as a credit. The details will be covered in the Development Agreement.
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May 11, 2026
Page 13
AIRPORT
The property is located approximately 600 feet south of the airport property. The property is
located within Safety Zone C as designated in the Flying Cloud Airport Zoning Ordinance adopted
by the Flying Cloud Airport Joint Airport Zoning Board (JAZB) on April 10, 2019. The allowable
construction height limits of the JAZB far exceed the proposed structure heights and the
construction equipment heights of this project, but the applicant will be required to submit
information documenting that an Airport Zoning Permit is not necessary. The property is also
located within the airport buffer zone requiring noise attenuation. The Development Agreement
will address disclosure of information regarding Flying Cloud Airport, interior noise mitigation,
and the airport zoning permit.
SIGNS
For each sign which requires a permit under Eden Prairie City Code Section 11.70, Developer must
obtain a sign permit from the City. No signs are requested at this time.
LIGHTING
The applicant is proposing street lights along the private streets. These lights will be private, and
the applicant must work with Minnesota Valley Electric Cooperative on spacing and
photometrics. The maintenance of the lighting will be the responsibility of the Homeowner’s
Association.
PROJECT PHASING
The developer anticipates beginning grading activities in the Summer of 2026 with utility/street
construction getting started late in the Summer of 2026. The overall project will likely be
developed in 2 or 3 phases. Lennar estimates full occupancy of the community in approximately
5 to 6 years from the date sales begins.
NEIGHBORHOOD MEETING AND RESIDENT INPUT
The applicant held a neighborhood meeting on April 8, 2026. Approximately 9 people attended.
The attendees were curious about the project including price points, timeline, trail access, and
parks and open space. The applicant reported that residents were pleased to know there will be
a secondary access point, connecting trials, tot lot and open space. There was some concern
about traffic on Liatris Lane. The Hennepin Village Homeowners Association submitted a letter
with comments about the project. The letter is attached for reference.
STAFF RECOMMENDATION
Staff recommends approval of the following requests:
• Comprehensive Plan Amendment from Office to Medium Density Residential on 23.59
acres and from Office to Low Density Residential on 4.82 acres
• Planned Unit Development Concept Plan Review on 28.41 acres
• Planned Unit Development District Review with Waivers on 28.41 acres
• Zoning Change from Office to RM-6.5 on 23.59 acres and from Office to R1-9.5 on 4.82
acres
• Preliminary Plat of 28.41 acres into 166 lots for townhome units, 16 lots for single-family
units, 9 lots for common open space and 8 outlots
Staff report – Prairie Bluff Commons
May 11, 2026
Page 14
• Site Plan Review on 23.59 acres
CONDITIONS OF APPROVAL
This is based on plans dated April 22, 2026 and the following conditions:
1. Prior to the 1st reading by the City Council, the applicant must:
A. Provide a photometric plan.
B. Revise the Snow Storage Markup sheet to match the most current site plan.
C. Provide a building material board including a sample of the grade of vinyl siding
being proposed.
D. Revise the building elevations to include the building material.
E. Provide a rendering of the back side of a representative townhome building.
F. Under the Inspections section of the Prairie Bluff SWPPP, change StormPro to
PermiTrack because the City uses PermiTrack.
2. Prior to release of the final plat, the applicant must:
A. Provide a Cross Access and Utility Easement over the private shared drive between
the office building to the north and the townhomes and infrastructure located on
the Property that provides cross access and utility access between outlot B of Eden
Bluff Highlands 2nd Addition and proposed outlot C of the Property.
B. Tender a warranty deed for the outlot(s).
C. Obtain approval to vacate easements.
D. Provide utility easements.
E. Pay connection fees.
F. Submit a bond, letter of credit, or cash deposit (“security”) that guarantees
completion of all public improvements equivalent to 125% of the cost of the
improvements.
G. Provide copies of legal documents, either in Association format or private
covenant and agreement format to be approved by the City that shall address the
following:
• Describe the long term private maintenance or replacement agreement for
the retaining walls.
• Insertion of language in the documents that relinquishes the City of Eden
Prairie from maintenance or replacement of the retaining walls.
3. Prior to land alteration permit issuance, the applicant must:
A. Obtain permits and approvals from other agencies as needed.
B. Comply with all terms and conditions of Steep Slope Permit.
C. Obtain City approval of a final grading and drainage plan for the property.
D. Submit construction plans and project specifications for public infrastructure for
review and approval by the City Engineer.
E. Submit detailed utility and erosion control plans for review and approval by the
City Engineer.
F. Obtain and provide documentation of Watershed District approval.
G. Notify the City and Watershed District 48 hours in advance of grading.
Staff report – Prairie Bluff Commons
May 11, 2026
Page 15
H. Provide a construction grading limits and tree protection plan for review and
approval by the City.
I. Install erosion control at the grading limits of the property for review and
approval by the City.
J. Install fencing at the construction grading limits and tree protection areas as
shown on the approved plans.
K. Submit and receive written approval of an executed landscape agreement.
L. Submit a landscaping letter of credit or escrow equivalent to 150% of the cost of
the landscaping.
M. Obtain written approval of a Wrecking Permit for the removal of building on the
property.
N. Obtain a building permit for retaining wall construction from the City for any
retaining walls greater than four feet in height.
O. Submit a land alteration bond, letter of credit, or escrow surety equivalent to
125% of the cost of the land alteration.
P. Obtain an Airport Permit from the City that complies with the Joint Airport
Zoning Ordinance.
Q. Provide proof that the Inspection and Maintenance Agreement for Private
Stormwater Facilities has been recorded.
4. Prior to building permit issuance for the property, the applicant must:
A. Provide proof that the Cross Access, Parking, and Utility Easement has been
recorded.
B. Provide proof that the deed has been recorded.
C. Pay the appropriate cash park fees.
D. Provide recorded copies of any private covenants and agreements to the City
following recording of the final plat.
5. The following waivers are granted through the PUD for the project as indicated in the
plans dated April 22, 2026.
Single-family Residential
A. Minimum Lot Size in R1-9.5 – City Code requires a minimum lot size of 9,500 square
feet in the R1-9.5 Zoning District. As proposed, the lot sizes range in size from 6,382
square feet to 6,796 square feet. The waiver allows all lots, which are proposed to be
zoned R1-9.5, to be less than 9,500 square feet as shown on the plans.
B. Minimum Lot Width in R1-9.5 – City Code requires a minimum lot width of 70 feet in
the R1-9.5 Zoning District. As proposed, the single-family lots are between 50 and 58
feet wide. The waiver allows all lots proposed to be zoned R1-9.5 to be narrower lots
as shown on the plans.
Townhomes
C. Minimum Lot Size in RM-6.5 – City Code requires a minimum lot size for the individual
units of 3,000 square feet in the RM-6.5 Zoning District. As proposed, the lot sizes for
the townhomes are either 1,925 square feet or 2,310 square feet. The applicant is
requesting waiver allows all townhome lots to be smaller as shown on the plans.
Staff report – Prairie Bluff Commons
May 11, 2026
Page 16
D. Minimum Lot Depth in RM-6.5 – City Code requires a minimum lot depth of 100 feet
for lots in the RM-6.5 Zoning District. As proposed, the townhome lots are 77 feet
deep and the applicant is requesting a waiver which allows all townhome lots to be
77 feet deep.
E. Maximum Gross Density in RM-6.5- City Code allows a maximum density of 6.7 units
per acre in the RM-6.5 zoning district. The requested waiver allows a density of 7.0
units per acre for the townhomes.
6. Prior to issuance of an Occupancy Permit, the applicant must:
A. Construct the retaining wall(s) in accordance with the terms of the permit and terms
and conditions of Exhibit C.
B. Complete implementation of the lighting plan in Exhibit B.
C. Complete construction of mechanical equipment screening.
D. Provide EV-Ready Garage which includes one 40-ampere, 208/240-volt dedicated
branch circuit; circuit will terminate in a receptacle, junction box, or an EV charger.
Build Villa homes to IRC solar-ready standard
E. Complete implementation of the approved exterior materials and colors plan.
F. Install all the features that are intended to meet the Usable Open Space requirement.
Unapproved Minutes
Eden Prairie Planning Commission Meeting
7 p.m. Monday, May 11, 2026
City Center Council Chambers
8080 Mitchell Road
Eden Prairie, MN 55344
ATTENDEES
Commission Members: John Kirk, Steve Schumacher, Ed Farr, Robert Taylor, Daniel Grote,
Frank Sherwood, Pete Palmisano, Phou Sivilay, Trisha Duncan
City Staff: Jeremy Barnhart, City Planner; Carter Shulze, City Engineer; Matt Bourne, Parks
and Natural Resources Manager; Kristin Harley, Recording Secretary
MEETING AGENDA
I. Call the Meeting to Order
Chair Duncan called the meeting to order at 7 p.m. Commission Member Grote was
absent.
II. Pledge of Allegiance
III. Approval of Agenda
MOTION: Farr moved, seconded by Kirk, to approve the agenda. Motion carried 8-0.
IV. Minutes
A. Planning Commission meeting held Monday, March 23, 2026
MOTION: Taylor moved, seconded by Sherwood, to approve the minutes of the
Planning Commission Monday, March 23, 2026. Motion carried 8-0.
V. Public Hearings
A. Prairie Bluff Commons (2025-11)
1. Comprehensive Plan Amendment from Office to Medium Density
Residential on 23.59 acres and from Office to Low Density Residential on
4.82 acres
2. Planned Unit Development Concept Plan Review on 28.41 acres
3. Planned Unit Development District Review with Waivers on 28.41 acres
PLANNING COMMISSION MEETING MINUTES
May 11, 2026
Page 2
4. Zone Change from Office to RM-6.5 on 23.59 acres and from Office to R1-
9.5 on 4.82 acres
5. Preliminary Plat of 28.41 acres into 166 lots for the townhome units, 16
lots for the single-family units, 9 lots for common open space and 8
outlots
6. Site Plan Review on 23.59 acres
Josh Metzer, of Lennar Minnesota, presented a PowerPoint and detailed the
application. Metzer displayed the Site Plan showing the proposed townhomes
and villas of Prairie Bluff Commons and explained this was a vacant site owned
by C. H. Robinson. The site was west of Flying Cloud Drive and Charleston Road,
and north of the Prairie Bluff Conservation Area. There were several areas that
would be left untouched, landscaping along Charleston, and a landscape buffer
on the east side.
He showed and explained the front-loaded, three-bedroom townhomes, the
prices of which were starting in the mid-400s. He envisioned buyers in their 30s
or 40s, single and young families, or snowbirds. The villa homes were single-
story, two-to-three bedrooms, with prices starting upper 500s, for residents age
50 and up, offering single-level living. The yards would be maintained by HOA.
The open space plan included a River Valley overlook area with gazebo, a tot lot
and playground, paved space with picnic tables and grills, an open field play
area, a dog park, park benches with viewsheds overlooking the ravine, and trail
connections. Metzer displayed a map of these areas within the development.
Metzer estimated office building demolition and grading occurring in summer
2026, utility and street construction in two to three phases beginning late fall
2026, home construction beginning late fall 2026, and full buildout in five to six
years. Since the development was close to the airport, windows would be glazed
and residents would be required to sign an acknowledgement of the airport’s
proximity. These would be EV ready townhomes but the narrow rooftops
prevented solar ready construction. The villas would be solar-ready. Metzer
stated physical samples of vinyl siding were available for the commission
members to view. He estimated the monthly cost for HOA around $200/month,
since there was no pool or clubhouse.
Taylor asked if there would be any landscaping along the removed chained link
fence aside the trail, and Metzer replied trees would be planted.
Farr noted a variety of siding patterns and received confirmation they were all
vinyl. Metzer stated the color choice were stone colors. Farr asked for and
received confirmation only the villa owners had the choice of colors. Metzler
PLANNING COMMISSION MEETING MINUTES
May 11, 2026
Page 3
added the HOA would prevent identical colored homes to be next to each other.
Schumacher asked if there was any possibility phase three would become phase
one as the building was demolished. Metzer replied this was possible, but the
hope was to start on the east end, beginning with the villas. The developer
would come to staff before street utility work was begun.
Barnhart presented the staff report. There were a number of actions requested
including the zoning change and the waivers. The density proposed was
approximately seven units per acre and the lot sizes were not unusual for a
townhome development like this. The villas are similar to a detached townhome
with HOA maintenance. The waivers were in line with the goals of the
Comprehensive Plan such as inclusionary and affordable homes. The plan
exceeds open space and landscaping/buffering requirements. There would be
one-and-a-half acres of open space, three times the requirement.
The design offered one larger open space instead of two smaller due to
applicant’s choice to unify the neighborhood and to have the space used more
efficiently. All garages would be EV-ready, with solar-ready villas. The
Sustainability Coordinator supported the deviation of having non-solar-ready
townhomes.
The development was near the 24-7 reliever Flying Cloud Airport, requiring
buyers to sign the disclosure and requiring certain building standards, including
windows and sliding glass door design and the siding, according to the Building
Department’s calculations.
A neighborhood meeting was held April 8, 2026 and was not heavily attended
but many questions emerged. Since then staff received written comments from
the from Hennepin Village HOA representative, which was included in the
commissioners’ packets.
The trail from Hennepin Village may or may not be open during construction; the
option was being kept open. The traffic memo was in the commissioners’
packets summarizing findings from the traffic study.
Farr asked if this had gone or would go through Metropolitan Council review.
Barnhart replied the Metropolitan Council required the City Council to draft a
resolution agreeing to the change, then had 15 days to review for completeness
and 60 days to answer. It had not yet been submitted, but the public review
portion had been sent to area agencies in February. Comments had been
received from some but not all. The Metropolitan Council would approve a
resolution for submittal.
Farr asked for and received confirmation staff was satisfied with the sewer and
PLANNING COMMISSION MEETING MINUTES
May 11, 2026
Page 4
utility design. Farr asked why the properties were located where they were,
resulting in an odd triangular shape at the corner near the play area, a zero lot
line with C.H. Robinson, and no through street with right-of-ways. Novak-Krebs
pulled up the plat. Barnhart replied the northern part of Phase One was a private
drive currently serving two office buildings. Adjusting the property lines would
be a lot of work for no real benefit. The spine road would be protected with an
easement for access, utility and trails. There was no benefit to involving multiple
funding sources and multiple property owners. Putting in a 50-foot-wide right-
of-way would adversely affect the property and introduce more waivers with less
open space. The triangle was part of the C.H. Robinson property that was not
being developed. For the east side, the existing parking lot abutted that and staff
left the existing building alone to enhance the screening. Staff considered having
another connection on Charleston Drive, but this took away the ability to add
buffering, whereas the development could use the spine as the primary access to
and from the phases. Staff could however look into straightening out the line to
the Charleston Driveway.
Farr asked for and received confirmation there was a maintenance agreement to
maintain the property.
Taylor asked what feedback MAC provided regarding safety concerns in the area.
Barnhart replied that as part of the Comprehensive Plan process MAC provided
comments on the proposal. No development was preferable, but it
recommended building standards and buyer acknowledgement. Avoidance of
open water and fruit-bearing trees were also in the comments.
Duncan asked if the buyer acknowledgement form was new; Barnhart said it was
not.
John Miller, 15465 Junegrass Lane, of the Hennepin Village Heritage Board and
the Hennepin Village Master Board, spoke on behalf of the 603 homeowners in
the nearby Hennepin Village. He state the biggest concern was the road going
into the new development straight to Plumstone Drive. This was a narrow street
with 40 homes along it, and traffic was a concern. The stop sign at Leatrice and
Charleston, and Charleston and Spring Road, were also a concern. He wished to
see adequate traffic mitigation for the upcoming 182 homes. Some residents
were concerned about buffering and sightlines and the existing vegetation
between Hennepin Village and the new development.
The conservation area was also a concern, with only one designated trail, yet it
was often invaded by wedding photographers who went off-trail, and he feared
adding residents might compound this problem. As an HOA board member, he
did not envision a workable way the dues could be kept to the low 200s as
Metzer claimed.
PLANNING COMMISSION MEETING MINUTES
May 11, 2026
Page 5
Duncan thanked him for his comments and for the written comments submitted
by the residents of Hennepin Village.
MOTION: Kirk moved, seconded by Schumacher, to close the public hearing.
Motion carried 8-0.
Farr summarized his findings. He was in favor of the project, finding that the
applicant maximized the density while providing buffering and open space. He
stated he was even in support of the shared driveway. Kirk echoed Farr’s support
and stated the waivers requested were reasonable.
Taylor asked staff to respond to Miller’s comments regarding Plumstone Drive.
Schulze replied the developer had no mitigation options; the street was actually
safer when lined up with other intersections than when offset. Staff preferred
the street be lined up with Plumstone. The traffic study indicated 30 percent of
traffic would go to Charleston instead, as Plumstone was busy. The preference
was to design a typical intersection.
Duncan asked for and received confirmation the conservation area was for
public use. Duncan commended the development as well
MOTION: Taylor moved, seconded by Kirk, to recommend approval for the
Comprehensive Plan Amendment from Office to Medium Density Residential on
23.59 acres and from Office to Low Density Residential on 4.82 acres; Planned
Unit Development Concept Plan Review on 28.41 acres; Planned Unit
Development District Review with Waivers on 28.41 acres; Zone Change from
Office to RM-6.5 on 23.59 acres and from Office to R1-9.5 on 4.82 acres;
Preliminary Plat of 28.41 acres into 166 lots for the townhome units, 16 lots for
the single-family units, 9 lots for common open space and 8 outlots; Site Plan
Review on 23.59 acres as recommended by staff as represented in the May 11,
2026 staff report Motion carried 8-0.
VI. Reports
A. Planners report
Barnhart stated there would probably be no May 25 meeting and the next Planning
meeting would be June 8. There would be updates to the Comprehensive Planning
process in June.
B. Members’ reports
Farr stated he had discovered a hidden asset, a Minnesota River vista overlook in Eden
Prairie at Flying Cloud Drive and Charleston Road, across Flying Cloud Drive accessed by a
tunnel. There was no signage and no public parking, and it was not visible from the road.
PLANNING COMMISSION MEETING MINUTES
May 11, 2026
Page 6
He asked for amenities to make this more accessible to the public. Discussion followed on
the location of this vista. Sivilay stated it was labeled on Google Maps. Bourne stated this
was put in when the historic wayside closed. He agreed it could be made more visible so
the public could better enjoy it.
VII. Adjournment
MOTION: Taylor moved, seconded by Farr, to adjourn the meeting. Motion carried 8-0.
Chair Duncan adjourned the meeting at 7:53 p.m.
City Council Agenda Cover Memo
Date: June 16, 2026
Section: Public Hearing
Item Number: VIII.B.
Department: Community Development/Planning
Julie Klima/Beth Novak-Krebs
ITEM DESCRIPTION
The proposed amendment to City Code defines and regulates data centers. The ordinance
includes a definition, the appropriate zoning district in which such use is allowed and
establishing reasonable regulations to preserve community interests.
REQUESTED ACTION
Move to:
• Close the public hearing, and
• Approve the 1st Reading of an Ordinance for Code Amendments related to data centers
SUMMARY
The Code amendment is intended to proactively address data centers in the community. The
draft ordinance attached, includes reasonable regulations for data centers to ensure such
facilities are compatible with surrounding land uses, minimize environmental impacts, protect
natural resources, advance the goals of the City’s Climate Action Plan, and contribute positively
to the community. Addressing the location, establishment, and standards for data centers is
important to ensure the health, safety, and general welfare of residents, landowners, and the
general public.
The amendment includes requirements such as separation requirements from properties with
one or more residential dwelling units and from mechanical equipment, buffer requirements,
use of City water system, use of renewable energy, use of cooling systems that utilize recycled
or reclaimed water and minimize new water use, and other measures aligned with Climate
Action Plan and sustainability goals.
The Planning Commission reviewed the proposed Code amendment on June 8, 2026 and voted
7-0 to approve the amendment with 2 commissioners abstaining due to potential work
conflicts.
ATTACHMENTS
Ordinance Amendment related to data centers
Planning Commission Staff Report
Unapproved Planning Commission Minutes
City of Eden Prairie
Hennepin County, Minnesota
Ordinance No. __–2026
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 11, SECTION 11.02, SECTION 11.05, AND SECTION 11.30
RELATING TO DATA CENTERS AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAINS
PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 11, Section 11.02, Definitions, is amended by adding the following
definition alphabetically and renumbering all the definitions:
“Data Center” A facility used primarily for the storage, management, processing and
transmission of digital data, which houses computer or network equipment, systems, services,
appliances, and other associated components related to digital data storage, which may also
include offices, air handlers, utility substations, generators, water cooling systems, and other
appurtenances necessary to support the operations. A data center is not considered a
warehouse for the purposes of this ordinance.
Section 2. City Code· Chapter 11, Section 11.05, Subdivision D, Permitted Use Table for
Commercial and Industrial is amended by adding the following row under Industrial and in
alphabetical order:
Office FS N-Com C-
Com
Reg
Reg-
Serv
Hwy
I 2 I
5
I
Gen
A
OFC
A
Data
Center
P
Section 3. City Code Chapter 11, Section 11.30 Industrial Districts, Subdivision 1, Purposes, C. is
amended by revising the special purpose of the I-Gen Zoning District as follows:
C. The special purpose of the I-GEN General Industrial District is to provide locations where
industries that desire large sites, outdoor storage, or have more intensive impacts can operate
with reasonable regulations to mitigate adverse impacts on other uses.
Section 4. City Code Chapter 11, Section 11.30 Industrial Districts, is amended by adding
Subdivision 6, Data Centers as follows:
Subd. 6. Data Centers
A. Purpose and Findings. This purpose of this subdivision is to regulate the establishment
and operation of data centers to ensure such facilities are compatible with surrounding
land uses, minimize environment impacts, protect natural resources, advance the goals
of the City’s Climate Action Plan, and contribute positively to the community. The
Council finds that defining and addressing the location, establishment, and standards for
data centers is important to ensure the health, safety, and general welfare of residents,
landowners, and the general public. All data centers are subject to the regulations
contained in this subdivision.
B. Permitted Use. Data centers are a permitted use in the I-General Zoning District subject
to the following standards and requirements.
C. Performance Standards. All data centers must comply with the following performance
standards and requirements:
1. Must not be located any closer than 700 feet from property on which one or
more residential dwellings are located as measured from property line to
property line.
2. All mechanical equipment, including but not limited to transformers and
generators, must not be located closer than 700 feet from abutting right-of-way
or property on which one or more residential dwellings are located as measured
from property line to property line. The equipment must be fully screened by a
building that is visually integrated with the design of overall development or
screened by a decorative screen wall.
3. The data center must be connected to and use the City water system.
4. Buffers and screening must be provided in accordance with Section 11.42, Subd.
5.R.
D. Submittal Requirements. Prior to issuance of the first City approval required for a data
center project, including but not limited to rezoning, site plan, or building permit
approval, the applicant must submit the following information to the City. As a condition
of approval, the City may require mitigation plans commensurate with the findings of
the studies.
1. Land use compatibility study.
2. Noise study.
3. Environmental impacts and resource conservation study.
4. Community impacts study (emergency services, solid waste, schools, etc.) related
to the proposed data center.
5. Respective to the City’s Climate Action Plan goals, the applicant must provide a
narrative demonstrating how the data center project aligns with the following
sustainability objectives:
a. Positively impacts on the goal of community-wide carbon neutrality by
2050.
b. Contributes to the interim goal that 80% of all new construction
projects are net zero emissions by 2040.
c. Contributes to the interim goal that the City meets 10% of its electricity
load through the use of on-site solar by 2040.
6. Confirmation that sustainability measures will be incorporated into project,
including the following information:
a. Proof of compliance or certification with at least one of the sustainable
design or green building standards identified in Minn. Stat. § 297A.68,
Subd. 42(l)(1-7).
b. Report on estimated energy usage of the project and utility capacity to
meet electrical demand. This must include confirmation from the
electric utility that the increased demand from the project will not
prevent or delay the utility from meeting its renewable energy
requirements under Minn. Stat. § 216B.1691.
c. Proof of incorporation of renewable energy into the design and
operation of the proposed data center, including but not limited to
incorporation of on-site solar on at least 70% of usable roof space
within six months of occupancy.
d. Study identifying estimated annual water usage of the project and
subsequent impact on wastewater systems. Study should include proof
of incorporation of water conservation measures, including but not
limited to:
i. WaterSense certified fixtures; and
ii. Closed-loop cooling systems, air cooling, or other cooling systems
that utilize recycled or reclaimed water and minimize new water
use.
e. Proof or certification that any backup power generators will be Tier 4
backup generators to limit air pollution as certified by the EPA.
7. A decommissioning plan.
Section 5. This ordinance will become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the June 16,
2026, and finally read and adopted and ordered published at a regular meeting of the City
Council of said City on the _____________________.
ATTEST:
David Teigland, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the _______________, 2026.
Planning Commission Staff Report
Date: June 8, 2026
Subject: Code Amendments – Amending Section 11.02 Definitions,
Amending Section 11.05, Permitted Use Table, Commercial
and Industrial Districts and Amending City Code Section 11.30
Industrial Districts all related to regulating the establishment and operation
of Data Centers
From: Beth Novak-Krebs, Senior Planner
ITEM DESCRIPTION
The proposed amendment to City Code defines and regulates data centers. The proposal includes
language in the code defining data centers, allowing data centers as a permitted use in the
Industrial General Zoning District, and establishing the regulations for data center uses.
REQUESTED ACTIONS
Approve an ordinance that amends City Code Sections 11.02 Definitions, Section 11.05,
Permitted Use Table, Commercial and Industrial Districts and Section 11.30 Industrial Districts.
PROJECT DESCRIPTION/ BACKGROUND
The City Council, at its workshop on April 7, 2026, directed staff to prepare regulations for data
centers, to ensure land use compatibility within the city, and to manage and mitigate potential
negative externalities, including noise, electricity, and water use.
The purpose of the proposed regulations is to ensure such facilities are compatible with
surrounding land uses, minimize environmental impacts, protect natural resources, advance the
goals of the City’s Climate Action Plan, and contribute positively to the community. Addressing
the location, establishment, and standards for data centers is important to ensure the health,
safety, and general welfare of residents, landowners, and the general public.
PROPOSED CODE AMENDMENTS:
The proposed amendments provide a clear definition of data centers, allow data centers as a
Permitted Use in the Industrial General Zoning District and establish regulations for the
establishment and operation of data centers.
Section 11.02 Definitions
The proposed data center definition establishes data centers as facilities where the storage,
management, processing, and transmission of digital data are the primary function. This
differentiates data centers from the accessory “server” rooms common in many existing
businesses.
Section 11.05 Permitted Use Table – Commercial and Industrial Districts
Data centers are being proposed as a Permitted Use in the Industrial General (I-Gen) Zoning
District. The I-Gen district is established for those businesses requiring larger sites, outdoor
storage, and inferred, but to be clarified, those that have more intensive impacts on adjacent
Staff Report – Code Amendment Relating to Data Centers
June 8, 2026
Page 2
properties. There are 21 properties currently zoned I-Gen. These properties are mostly located
around Industrial Drive, just south of Highway 62 and east of Fuller Road.
Data centers are consistent with the special purpose of the I- Gen Zoning District and the
proposed amendments allow this use in areas with similar needs and intensity.
The amendment includes adding data centers in the Permitted Use Table in the Commercial and
Industrial Uses, under I-Gen.
Section 11.30 Industrial Districts - Adding Subdivision 6, Data Centers
Data centers can generate adverse impacts on the environment, energy usage, water usage, and
noise. The proposed reasonable regulations are intended to manage and mitigate potential
adverse impacts to the surrounding uses and the City. The key benefits from the proposed
regulations include enhanced energy grid reliability, managed impact to limited water resources,
managed environmental impacts, including noise and visual impacts to differing land uses,
increased use of renewable energy, and alignment with state and local climate action goals.
The proposed language includes a requirement that a data center use must be, at a minimum,
700 feet from property on which one or more residential dwellings are located. In addition, all
mechanical equipment, including but not limited to transformers and generators, must be
located at a minimum 700 feet from abutting right-of-way or property on which one or more
residential dwellings are located. This is intended to minimize potential impacts to residential
properties. Other regulations include screening requirements, use of renewable energy sources
including solar, use of recycled or closed loop water system and the submittal of information
specific to the data center use proposed, such as equipment specifications, electricity and water
usage, and alignment with the City’s Climate Action Plan goals. Because this information can vary
between individual data centers, this allows the City to establish mitigation measures that
address the impacts specific to the individual data center.
STAFF RECOMMENDATION
Staff recommends approval of the amendments as presented in the draft ordinance.
ATTACHMENTS
Draft Ordinance
Unapproved Minutes
Eden Prairie Planning Commission Meeting
7 p.m. Monday, June 8, 2026
City Center Council Chambers
8080 Mitchell Road
Eden Prairie, MN 55344
ATTENDEES
Commission Members: John Kirk, Steve Schumacher, Ed Farr, Robert Taylor, Daniel Grote,
Frank Sherwood, Pete Palmisano, Phou Sivilay, Trisha Duncan
City Staff: Jeremy Barnhart, City Planner; Carter Shulze, City Engineer; Matt Bourne, Parks
and Natural Resources Manager; Kristin Harley, Recording Secretary
MEETING AGENDA
I. Call the Meeting to Order
Chair Duncan called the meeting to order at 7 p.m. All Commission Members were
present.
II. Pledge of Allegiance
III. Approval of Agenda
MOTION: Taylor moved, seconded by Farr, to approve the agenda. Motion carried 9-0.
IV. Minutes
A. Planning Commission meeting held Monday, May 11, 2026
MOTION: Palmisano moved, seconded by Taylor, to approve the minutes of the
Planning Commission Monday, May 11, 2026. Motion carried 8-0.
V. Public Hearings
A. Marshall Gardens (2026-03)
1. Guide Plan Change on 8.69 acres
2. Planned Unit Development Concept Review on 32.13 acres
3. Planned Unit Development District Review with waivers on 32.13 acres
4. Zone Change from Rural to R1-9.5 on approximately 13.58 acres and from
Rural to Parks and Open Space on approximately 13.18 acres
PLANNING COMMISSION MEETING MINUTES
June 8, 2026
Page 2
5. Preliminary Plat of 32.13 acres into 50 single family lots, public streets
and 5 outlots
Barnhart displayed the preliminary plat and presented the staff report. This
application sought a change to the Comprehensive Plan and to the zoning of the
area from Rural to R1-9.5 Residential. The area would be subdivided into 50
single-family homes and five outlots for stormwater management ponds and for
open space along the bluff. The application included a PUD Concept Review with
waivers to lot area, lot width, front yard setback and garage storage area. 24 of
the lots would not meet the lot width requirement. The average lot size was over
10,000 square feet. The front yard setback requested was 25 down from the
required 30 feet. This brought houses away from the rear property line to the
north and south, which formed the bluff line.
This parcel had been proposed for development in 2024, but the previous
approvals expired, and the zoning reverted to Rural. This was an entirely new
proposal. The Commission Member packets included comments received from
neighbors and staff would address these:
There was concern that much of the donated land was undevelopable, steep
slopes and bluffs. These areas would be dedicated to the City, and guided Parks
and Open Space, especially the land south of the development. The City owns
many of these types of properties. There were some flat areas south of the creek
that could be developed but would be retained as open space as well. The park
and open space areas were an offset of the PUDs requested. This would shift
density into the development.
There was concern that density was inaccurately calculated. 13 acres would be
developed, the rest being undevelopable or right-of-way. The calculation is made
on gross density in Eden Prairie. The low density designation anticipates density
in the 0.1-5 units per acre range. This development had 3.6 units an acre, well
within the Comprehensive Plan guidelines.
There was concern about the “wall effect” created along the north property line,
since there was minimal space between the homes here. There were no waivers
requested for side yard setback, since all met all requirements in this respect. It
was not out of character for a R-19.5 Zoning District.
There was concern regarding privacy loss along this north side, but the
separation was typical, between 70 to 120 feet, as many homes would back up
to a pond. However, the developer did address this to reduce the setback to
bring houses away from the property line. There was no landscaping/screening
requirement for single-family residential developments. The developer proposes
tpo place replacement trees along the north property line, but not all the way
across, due to stormwater drainage requirements.
PLANNING COMMISSION MEETING MINUTES
June 8, 2026
Page 3
There was concern that this development did not have a landscaping plan, but
there was one, and it exceeded requirements. There was concern regarding
property values and market impacts. The City Assessor did not find evidence this
development would adversely impact the existing, thriving neighborhoods. Six of
the last eight house sales had prices that exceeded the assessed housing values.
House sales depended upon a number of criteria, many of which were not under
control of the City. This development has been discussed for three years. As a
rule, new residential developments did not negatively impact existing residential
developments.
Farr asked for and received confirmation the land had been guided low density
residential in the past but then had reverted to Rural when the previous
proposal was abandoned, and there were no side yard setback waivers being
proposed. He asked for and received confirmation there would be 18 regular lots
instead of 12 larger lots along the north side. He noted with the smaller side yard
setbacks there would be more open, or “negative” space and more visibility.
Barnhart agreed; with larger lots there could be larger houses built, leading
perhaps to less visibility.
Steve Schweeters, owner of Wooddale Builders, detailed the application. He
stated there had been and would be more meetings with the existing residents
of the area. This would be a 50-unit single-family home development with a villa
style. The houses would be affordable. Wooddale Builders had also developed
Stable Path and Highland Oaks, and was making an effort to keep price points
down.
Dan Schmidt, civil engineer, stated he had worked with City staff for six months.
The sanitary sewer would have access on Dell Road and on Canopy Trail. The
stormwater treatment design met requirements. This design had been sent to
the Watershed District, and he was working through the comments. He
displayed a comparison to the 2024 Marshall Farms project, showing fewer
homes and lots, less density, a lower number of trips per day (down 45 percent),
EV-ready garages and solar-panel-ready homes, and a similar plan for trails. He
noted the current proposed density was closer to the original guidance for the
property.
The development would have 28 villa homes and 22 single-family homes. The
villas would have 55-foot-wide lots, and there would be single-family homes
along the south side. The villa lots would have a 68-foot area and a 25-foot front
yard setback for parking and to increase the backyard space. A couple of the
single-family lots would be below the minimum of 9,500 feet to protect the bluff.
Schmidt described the landscape plan, which included an entrance monument,
sidewalks connecting to the park areas, and one tree in the front yard of every
home. The developed had increased the screening by 50 percent along the north
PLANNING COMMISSION MEETING MINUTES
June 8, 2026
Page 4
after the comments from a neighborhood meeting.
Paul Reiland of Johnson Reiland Homes introduced David Rennet of McDonald
Construction. Reiland stated Johnson Reiland would build the villas and half of
the single-family homes. He displayed the villa models and floor plans. The target
market for these were empty nesters, retirees. The houses would be slab-on-
grade and wheelchair-friendly. These would be 150-foot deep lots, deeper than
usual.
Rennet stated McDonald Construction would build the non-slab, single-family
homes, which would be a mix of rambler and two-story homes. The ramblers
would have basements. These homes would range from 3,000 to 4,000 square
feet. Rennet displayed the rambler single-family home model with the three-car
garage.
Reiland displayed another single-family home rambler model (Fall Parade House)
and the two-story, 6,000 square foot single family homes with three- and four-
car garages
Rennet stated McDonald Construction was a Green Path builder incorporating
sustainability and energy efficiency, including solar, EV-ready garages, triple-
pane windows, and other future-ready features.
Richard Koppy, of 9872 Crestwood Terrace, stated he lived across from where
the development would be. He stated he moved here from Minnetonka, and was
happy with the current design, as were his neighbors. However, he stated the
City of Eden Prairie needed to use this development as an impetus to complete
the neighborhood, which he did not see happening. He urged the City to try to
finish the neighborhoods with landscaping, trails and a better street system.
Speed on Dell Road, where he and his wife walked his dogs, was a concern. He
suggested a roundabout between Flying Cloud Drive and Pioneer Trail to control
speed. The Pioneer Road detour on Dell Road was already contributing traffic; he
wished the City to look at the entire situation once everything was paved and
have a landscape plan for Dell Road. He also suggested constructing a parkway,
similar to Bear Path homes.
Koppy added that five year ago the City staked his backyard for the right-of-way
for a trail system, but it was never utilized. He envisioned a trail system to Lake
Riley. He asked the City to at least plan it and tie the various parts of the
neighborhood together. He also urged there be more public meetings regarding
these issues. Overall he commended the proposal.
Larry Erickson, of 9752 Laforet Drive, also commended the development, but
added there were a lot of dead trees along the lot line, in the City outlot, and
urged staff to work with the developer.
PLANNING COMMISSION MEETING MINUTES
June 8, 2026
Page 5
Daniel Knitt, of 97191 Geisler Road, stated that two homes valued at 875,000
instead sold for 750,000. Increased density lowered property values because
homebuyers did not want to move into an overly populated area. He added the
neighborhood had submitted a letter bringing up six points of concern. He
suggested the developer shift the pond to the north. He found Farr’s comment
regarding negative space valid, but added reducing the houses to a 12-count
from an 18-count would give a more spacious feel by opening up the northern
wall. Traffic would also increase due to the waivers; not approving the waivers
would give a more community feel to the development.
Barb Hamilton-Susted, of 9711 Geisler Road, stated that the north “wall effect”
impacted six or seven homes directly. She stated she understood the length
versus depth concept but urged the commission to go beyond the minimum lot
size. She found this was not a good look, and it would decrease home values.
Home values were dropping in her neighborhood, according to recent home
sales near her (150,000 instead of the median 202,000 or the 185,000 value from
two years ago). She also asked if the proposed homes would be affordable, since
price points were not mentioned.
MOTION: Schumacher moved, seconded by Kirk, to close the public hearing.
Motion carried 9-0.
Duncan stated Copy’s comments would be addressed in the Comprehensive
Planning process.
Barnhart stated the comment regarding dead trees could be shared with the
Parks and Recreation Department. Bourne stated staff was would be working
with the developer to remove the dead trees.
Reiland stated the villas would start in the $900,000 range for a single level, and
the single family homes in the middle million range, some to break two million
dollars.
Schumacher asked for and received confirmation the waiver for the front yard
setback was for all of the homes in the development.
Farr asked for and received confirmation the previous design had a through-
route along Crestwood Trail. He found the current configuration of Crestwood an
improvement. There had also been a “wall” comment on the south side of the
last development that came through the commission in 2024. Larger lot sizes
could contribute larger, multistoried homes rather than the slab-grade homes
proposed.
Kirk stated he frequently drove Dell Road and understand the traffic concerns,
and for an overview on Dell Road. Schulze replied there was future project to
PLANNING COMMISSION MEETING MINUTES
June 8, 2026
Page 6
pave the gravel section of Dell Road. It would occur along with this development.
There would be more curves, giving a more natural look, and it would remain a
30-mph state-aid street. It would keep the same look and design feel down the
bluff section of this development.
Taylor asked what species of trees would be used for screening. Reiland replied
this was in the landscape plan and there would be 19 Black Hill Spruce trees and
13 Norway Spruce trees, eight evergreen trees and a number of maple trees.
Taylor asked if there could be more evergreens planted, and Reiland replied he
was not the landscape architect, but this could be done. Schweeters stated there
would be another neighborhood meeting to address all these concerns. More
trees could be worked out with the builder, and the homeowners could of
course plant more. Evergreens would be staggered with deciduous trees for
screening during the winter months.
Duncan stated it was her understand that screening like for like zoning was not
typically done and she was not sure all of that screening was necessary, yet it
had been increased to accommodate residents’ concerns. Farr agreed, adding
transitions between zones requiring screening, but this was single-family to
single-family, not requiring neighborhood walls with tree thickets.
Kirk stated any major development was a big deal to the residents who lived
near it. This area had undergone two development iterations, and he found the
outcome a good one. The density dropped traffic significantly (45 percent). He
reminded that the commission needed to represent three major groups in Eden
Prairie: the residents, the staff who enforced regulations and standards, and the
new homeowners. He found this to be a reasonable balance and supported the
development.
Duncan stated she appreciated the developer’s hard work and found this to be
an improvement over the previous proposal. She added she was not a fan of the
northern line of lots but in general she found this to be a good development.
MOTION: Kirk moved, seconded by Schumacher, to recommend approval for the
Guide Plan change, PUD Concept Review, PUD District Review, Zoning Change,
and Preliminary Plat as recommended by staff as represented in the June 8, 2026
staff report Motion carried 9-0.
B. Code Amendment – Data Centers (2026-01CA)
1. Request for approval to amend City Code, Chapter 11 relative to
definition and regulation of Data Centers.
Duncan stated she would abstain from voting due to her employment with Excel
but would be a part of the discussion. Taylor also abstained from the voting due
PLANNING COMMISSION MEETING MINUTES
June 8, 2026
Page 7
to his employment with Mortensen . Barnhart presented the staff report. The
City of Eden Prairie was attempting to get ahead of the ongoing discussion in
other cities by being proactive and establish reasonable regulations for Data
Centers. The City could not prohibit data centers, but they could be located in
the I-GEN Zoning District. Data Centers were defined as standalone businesses,
not a server room. The amendment would establish specific standards: minimal
proximity to residential (700 feet), minimal proximity to mechanical units, and
submittal requirements. The City would also require a data center recycle the
water used and to use renewable energy sources, among other sustainability
requirements.
Grote asked if there were inquiries or application to build a data center in Eden
Prairie; Barnhart said there had not. Farr suggested there could be a conflict with
the nuisance ordinances, which measured in decibels. Barnhart replied this new
requirement would be in addition to, not in replacement of, the current nuisance
ordinances.
Daniel Knitt, of 97191 Geisler Road, stated he built data centers for a number of
years, and approved of the City being proactive. His concern was what happened
to the space previously occupied by the data center once it was empty, and the
impacts of any flash floods or fire. He asked if the City had the infrastructure to
scale and support a data center, which could cause a ripple effect.
MOTION: Schumacher moved, seconded by Palmisano, to close the public
hearing. Motion carried 9-0.
Barnhart stated Knitt’s concerns were what City staff were trying to address with
this amendment and he appreciated the comments.
Palmisano asked if there were any lessons learned from other cities already
grappling with this issue, and what the next steps were. Barnhart replied the City
Council would approve the ordinance if the commission voted for approval
tonight. Any applicant would them have the information and staff would work
with them to meet the requirements. He did not anticipate a large data center in
Eden Prairie as those seen in the news.
MOTION: Grote moved, seconded by Palmisano, to recommend approval to
amend the City Code Chapter 11 relative to definition and regulation of Data
Centers as recommended by staff as represented in the June 8, 2026 staff report
Motion carried 7-0 with two abstentions (Duncan and Taylor).
PLANNING COMMISSION MEETING MINUTES
June 8, 2026
Page 8
VI. Reports
A. Planners report
Barnhart stated the 2050 Comprehensive Plan review process had started. The goal was to
submit the revision to the Metropolitan Council in December 2027. This was not a
complete rewrite, but an update. A consultant was hired to conduct the housing study
and other departments had also retained consultants. An update will be discussed in the
October Council Workshop.
B. Members’ reports
VII. Adjournment
MOTION: Grote moved, seconded by Taylor, to adjourn the meeting. Motion carried 9-
0. Chair Duncan adjourned the meeting at 8:28 p.m.
City Council Agenda Cover Memo
Date: June 16, 2026
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 (Role Call Vote)
SUMMARY
Checks 320220 - 320279
Checks 5007536 - 5008214
Wire Transfers 12666 - 12775
Purchasing Card 12708
ATTACHMENTS
Check Summary
Check Register
City of Eden Prairie
Council Check Summary
6/16/2026
Division Amount Division Amount
000 General 46,151 304 Senior Board 533
100 City Manager 4,107 308 E-911 704
101 Legislative 3,484 314 Special Investigations 154
102 Legal Counsel 43,262 315 Economic Development 79,925
110 City Clerk 1,516 445 Cable PEG 15,475
111 Customer Service 8,555 502 Park Development 4,136
112 Human Resources 67 509 CIP Fund 293,766
113 Communications 16,358 512 CIP Trails 10,987
114 Benefits & Training 3,555 513 CIP Pavement Management 63,522
130 Assessing 3,614 526 Transportation Fund 7,014
131 Finance 2,370 541 DELL RD (CRESTWOOD TO CSAH 61)2,394
132 Housing and Community Services 125 543 Police Remodel 1,399,092
133 Planning 2,889 544 Shady Oak (FCD to Valley View)1,333
136 Public Safety Communications 23,624 Total Capital Projects Fund 1,879,036
138 Community Development Admin.165
150 Park Administration 1,979 601 Prairie Village Liquor 195,579
151 Park Maintenance 115,664 602 Den Road Liquor 362,544
153 Organized Athletics 2,396 603 Prairie View Liquor 228,405
154 Community Center 45,549 605 Den Road Building 4,733
155 Beaches 690 701 Water Enterprise Fund 501,201
156 Youth Programs 6,671 702 Sewer Enterprise Fund 156
157 Special Events 15,150 702 Wastewater Enterprise Fund 547,699
158 Senior Center 3,670 703 Stormwater Enterprise Fund 64,957
159 Recreation Administration 9,088 Total Enterprise Fund 1,905,273
160 Therapeutic Recreation 723
162 Arts 5,044 316 WAFTA 462
163 Outdoor Center 7,502 802 494 Commuter Services 53,329
168 Art Center 3,448 806 SAC Agency Fund 29,820
180 Police Sworn 87,885 807 Benefits Fund 1,966,898
184 Fire 77,207 809 Investment Fund 4,801
186 Inspections 4,647 812 Fleet Internal Service 143,699
200 Engineering 4,398 813 IT Internal Service 337,594
201 Street Maintenance 115,510 814 Facilities Capital ISF 2,324
202 Street Lighting 82,308 815 Facilities Operating ISF 67,079
Total General Fund 749,372 816 Facilities City Center ISF 89,102
817 Facilities Comm. Center ISF 141,313
301 CDBG 2,216 818 Dental Insurance 32,567
303 Cemetery Operation 12,174 820 Fencing Consortium 5,265
312 Recycle Rebate 17,475 Total Internal Svc/Agency Funds 2,874,252
321 Opioid Settlement 1,167
Total Special Revenue Fund 33,032
Report Total 7,442,814
446 2014A G.O. TAX ABATEMENT BONDS 617
448 2016A GO BONDS - WEST 70TH ST.617
449 2025A GO Capital Improvement Bonds 617
Total Debt Service 1,850
City of Eden Prairie
Council Check Register
6/16/2026
Amount Vendor Account Description Business Unit Comments
491,610 HEALTHPARTNERS Insurance Premiums Health & Benefits JUNE26 HP
404,120 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Fee MetCouncil 2605
356,800 WEIDNER PLUMBING & HEATING CO OCS-Other Contracted Services Police Remodel Police Renovation
350,643 UKG INC Payroll Taxes Health & Benefits Payroll Taxes PR Period Ending 05.29.26
330,859 UKG INC Payroll Taxes Health & Benefits Payroll Taxes PR Period Ending 05.15.26
258,346 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health & Benefits PERA PR Period Ending 05.01.26
249,384 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health & Benefits PERA PR PERIOD ENDING 05.15.26
232,987 FOBBE ELECTRIC INC OCS-Other Contracted Services Police Remodel Police Renovation
213,052 SHI CORP Software Maintenane Various Funds Microsoft Enterprise License Yr 2 2026
211,294 KELLINGTON CONSTRUCTION INC OCS-Other Contracted Services Police Remodel Police Renovation
141,482 MINNESOTA DEPT OF REVENUE Sales Tax Payable Various Funds SALES TAX APR26
112,555 AUTUMN RIDGE LANDSCAPING INC OCS-Other Contracted Services Police Remodel Police Renovation
110,286 USB-PURCHASING CARD Various Accounts Various Funds 2026-27 PE License
101,105 SUMMIT INFRASTRUCTURE LLC Improvement Contracts Wastewater Collection MH coating rehab
96,911 DREAMLAND CONTRACTING LLC Improvement Contracts Capital Maintenance & Reinvestment
95,000 SONUS INTERIORS INC OCS-Other Contracted Services Police Remodel
94,785 BLAKEBOROUGH HARDSCAPES OCS-Other Contracted Services Capital Maintenance & Reinvestment
88,504 SIR LINES-A-LOT Contracted Striping Traffic Signs
86,449 ADVANCED ENGINEERING & ENVIROMENTAL SERV Design & Engineering Various Funds
80,059 XCEL ENERGY Electric Various Funds
77,004 CRAWFORD DOOR SALE CO OF THE TWIN CITIES OCS-Other Contracted Services Police Remodel
75,015 GRANICUS LLC Software Maintenane Various Funds
69,577 HOUSTON ENGINEERING INC Design & Engineering Various Funds
68,400 HAMBURG BUILDERS GROUP LLC OCS-Other Contracted Services Economic Development Fund
61,513 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds
56,619 SAXON FLEET SERVICES Autos Fleet - Water
48,070 ADMIRAL COATINGS, INC OCS-Other Contracted Services Police Remodel
46,507 SUPER SET FLOORING & TILE LLC OCS-Other Contracted Services Police Remodel
46,240 U S BANK Debt Payment Water Enterprise
45,151 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds
42,834 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal
42,561 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds
40,402 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds
39,721 XCEL ENERGY Electric Various Funds
38,573 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds
38,081 HENNEPIN TECHNICAL COLLEGE Conference & Training Police
37,623 VOYA Deferred Compensation Health & Benefits
37,584 AMERICAN ENGINEERING TESTING INC Design & Engineering CIP Pavement Management
36,573 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds
36,014 VOYA Deferred Compensation Health & Benefits
35,874 MINNESOTA UTILITIES & EXCAVATING LLC OCS-Other Contracted Services Police Remodel
35,424 EXCEL LAWN & LANDSCAPE Various Accounts Various Funds
34,819 UNITED GLASS, INC OCS-Other Contracted Services Police Remodel
34,034 PIONEER POWER LLC Improvement Contracts Water Capital
33,808 PRECISION UTILITIES OCS-Equipment Vehicles Water Distribution
33,500 AMERICAN ENVIRONMENTAL LLC OCS-Other Contracted Services Stormwater Capital
33,397 GRAYMONT Chemicals Water Treatment
32,863 PRECISION UTILITIES OCS-Other Contracted Services Water Distribution
31,679 BPAS Other Deductions Health & Benefits
29,522 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
Amount Vendor Account Description Business Unit Comments
27,463 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds
27,276 TK ELEVATOR CORPORATION OCS-Other Contracted Services Police Remodel
27,023 NCR PAYMENT SOLUTIONS,PA, LLC Credit Card/Bank Fees Various Funds
24,938 SUMMIT FIRE PROTECTION OCS-Other Contracted Services Police Remodel
22,273 ICMA RETIREMENT TRUST-457 Deferred Compensation Health & Benefits
21,996 MGX EQUIPMENT SERVICES LLC Autos Various Funds
21,609 WASHINGTON COUNTY Software Maintenane Public Safety Communications
21,576 ICMA RETIREMENT TRUST-457 Deferred Compensation Health & Benefits
21,573 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds
21,007 CATALYST GRAPHICS INC Printing Communications
20,410 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds
20,408 WEX Health Savings Account Health & Benefits
19,849 DAKOTA PRAIRIE COMPOSTING OCS-Other Contracted Services Tree Removal
19,836 WEX Health Savings Account Health & Benefits
19,691 CARD CONNECT Credit Card/Bank Fees Community Center Admin
19,661 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds
19,597 GRI EDEN PRAIRIE, LLC Rent Prairie Village Liquor Store
19,491 CENTERPOINT ENERGY Gas Various Funds
19,028 PEARSON BROTHERS INC Sweeping Sweeping
18,955 XCEL ENERGY Electric Various Funds
18,847 MARTIN MARIETTA MATERIALS Pavement Rehab Streets Pavement
17,863 SAFEWARE INC OCS-Other Contracted Services Police Remodel
17,849 PRAIRIEVIEW STATION LLC Rent Prairie Village Liquor Store
17,824 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds
16,946 HULS BROKERAGE INC Lime Residual Removal Water Treatment
16,695 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds
16,605 GRAYMONT Chemicals Water Treatment
16,496 ADVANCED ENGINEERING & ENVIROMENTAL SERV Design & Engineering Wastewater Capital
16,271 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
15,981 MULCAHY NICKOLAUS LLC OCS-Other Contracted Services Police Remodel
15,975 CLEAN RIVER RECYCLING SOLUTIONS Operating Supplies Recycle
15,684 MINNESOTA ROADWAYS CO OCS-Other Contracted Services Capital Maintenance & Reinvestment
15,349 PAYCHEX Wages and Benefits 494 Corridor Commission
15,337 PAYCHEX Wages and Benefits 494 Corridor Commission
14,820 JTA BUILDERS LLC OCS-Other Contracted Services Police Remodel
14,220 BADGER METER Telephone Water Metering
14,041 ABM INDUSTRY GROUPS, LLC Cleaning Various Funds
14,012 ARTISAN BEER COMPANY Liquor Product Received Liquor Funds
13,828 CDW GOVERNMENT INC.OCS-Other Contracted Services Police Remodel
13,680 HAWKINS INC Chemicals Water Treatment
13,053 ART PARTNERS GROUP, LLC Operating Supplies Fire
12,947 UKG INC Payroll Taxes Health & Benefits
12,907 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds
12,898 EBERT CONSTRUCTION OCS-Other Contracted Services Police Remodel
12,880 HIGHVIEW PLUMBING INC OCS-Plumbing Outdoor Center Facilities
12,617 UKG INC Payroll Taxes Health & Benefits
12,508 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds
12,437 PHOTOSHELTER INC Software Maintenane IT Operating
12,305 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds
11,607 CROSS NURSERIES Landscape Materials Tree Removal
11,437 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds
11,170 KLEIN UNDERGROUND LLC Gravel, Blacktop, Concrete Water Distribution
10,738 SITEONE LANDSCAPE SUPPLY, LLC Irrigation Repairs & Supplies Various Funds
10,414 SHORT ELLIOTT HENDRICKSON INC Design and Engineering Water Capital
Amount Vendor Account Description Business Unit Comments
10,290 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits
10,000 SKYGLOW DRONES LLC Deposit July 4th Celebration
9,848 XCEL ENERGY
9,644 BIFFS INC
9,531 HEALTHPARTNERS
9,317 HEALTHPARTNERS
9,054 SHOWCASE STRIPING SERVICES INC
9,000 IRON MALTESE ATHLETICS
8,438 PHILLIPS WINE AND SPIRITS INC
8,401 TOTAL MECHANICAL SERVICES
8,324 GRAYMONT
8,280 MN MECHANICAL SOLUTIONS INC
8,246 CHASE
8,225 BREAKTHRU BEVERAGE MN WINE & SPIRITS
8,200 DRONESENSE INC
8,195 GRAYMONT
8,178 CAPITOL BEVERAGE SALES LP
8,112 MENARDS
8,106 MACQUEEN EQUIPMENT INC
7,919 HAMMER COMMUNITY SOLAR LLC
7,854 WSB & ASSOCIATES INC
7,820 CORE & MAIN
7,820 SSI ABS-2025-1 PROJECT HOLDINGS LLC
7,745 MARTIN MARIETTA MATERIALS
7,678 DG MINNESOTA CS 2021 LLC
7,442 HOUSTON ENGINEERING INC
7,383 CENTERPOINT ENERGY
7,349 METRO SALES INCORPORATED*
7,325 BPAS
7,142 MANSFIELD OIL COMPANY
6,971 REINDERS INC
6,922 LITTLE FALLS MACHINE INC
6,847 SRF CONSULTING GROUP INC
6,815 ARTISAN BEER COMPANY
6,712 HEALTHPARTNERS
6,658 PHILLIPS WINE AND SPIRITS INC
6,657 VEIT & CO
6,572 ARTISAN BEER COMPANY
6,551 PHILLIPS WINE AND SPIRITS INC
6,516 HOHENSTEINS INC
6,348 PAUSTIS & SONS COMPANY
6,315 BREAKTHRU BEVERAGE MN WINE & SPIRITS
6,242 VAN PAPER COMPANY
6,225 AMERICAN WATER WORKS ASSOCIATION
6,209 DUSTBUSTER'S PAVEMENT SWEEPING, LLC
6,142 DETAILS & DIXONS HOME SERVICES
6,120 CONSERVATION CORPS MINNESOTA & IOWA
5,969 HORIZON COMMERCIAL POOL SUPPLY
5,857 HINTERLAND CSG LLC
5,727 HOHENSTEINS INC
5,722 HEALTHPARTNERS
5,706 LAW ENFORCEMENT LABOR SERVICES INC.
5,649 XCEL ENERGY
5,488 BREAKTHRU BEVERAGE MN WINE & SPIRITS
Amount Vendor Account Description Business Unit Comments
5,400 HENNEPIN TECHNICAL COLLEGE
5,392 ASCENTEK, INC
5,267 HOHENSTEINS INC
5,228 SHORT ELLIOTT HENDRICKSON INC
5,097 EMBEDDED SYSTEMS INC
4,968 SOBANIA COMMUNITY SOLAR
4,873 HEALTHPARTNERS
4,855 STREICHERS
4,832 MACQUEEN EQUIPMENT INC
4,801 PFM ASSET MANAGEMENT LLC
4,800 MIDWEST GROUNDCOVER
4,785 MADISON NATIONAL LIFE INSURANCE CO INC
4,752 MADISON NATIONAL LIFE INSURANCE CO INC
4,633 WM MUELLER AND SONS INC
4,586 BREAKTHRU BEVERAGE MN WINE & SPIRITS
4,487 CDW GOVERNMENT INC.
4,452 XCEL ENERGY
4,424 STERLING FENCE INC
4,378 LOGIS
4,254 ARTISAN BEER COMPANY
4,250 MINNESOTA ROADWAYS CO
4,244 GREAT LAKES COCA-COLA DISTRIBUTION
4,242 OFFICE OF MN IT SERVICES
4,111 VERIZON WIRELESS
4,100 BERGANKDV LTD
4,100 CUSTOMIZED FIRE RESCUE TRAINING INC
4,035 LEAGUE MN CITIES INS TRUST WC
4,017 XCEL ENERGY
4,000 MESSERLI & KRAMER
3,995 WALL TRENDS INC
3,970 SYMETRA LIFE INSURANCE COMPANY
3,940 SCOTT COUNTY
3,848 PETERSON COMPANIES
3,794 BRYAN ROCK PRODUCTS INC
3,750 SHADYWOOD TREE EXPERTS
3,720 EMERALD ELEMENTS
3,627 T-MOBILE
3,588 GRAINGER
3,577 CEMSTONE PRODUCTS COMPANY
3,552 STANTEC CONSULTING SERVICES INC
3,542 ANCHOR PAPER COMPANY
3,536 NAC MECHANICAL AND ELETRICAL SERVICES
3,517 BELLBOY CORPORATION
3,512 VINOCOPIA
3,502 CLEAR RIVER BEVERAGE CO
3,420 WSB & ASSOCIATES INC
3,397 FERGUSON WATERWORKS
3,368 SSI ABS-2025-1 PROJECT HOLDINGS LLC
3,367 SCOTT COUNTY
3,350 H M CRAGG CO
3,333 LOCKRIDGE GRINDAL NAUEN PLLP
3,322 CLEAR RIVER BEVERAGE CO
3,268 VAN PAPER COMPANY
3,206 OXFORD STREET MERCHANTS
Amount Vendor Account Description Business Unit Comments
3,154 PRAIRIE ELECTRIC COMPANY
3,153 MARTIN MARIETTA MATERIALS
3,123 T-MOBILE
3,069 WM CORPORATE SERVICES INC
3,032 INVOICE CLOUD INC
3,024 TRANSPORT GRAPHICS
3,020 MOR GOLF AND UTILITY INC
3,019 AMERICAN RED CROSS
3,000 PITNEY BOWES BANK INC RESERVE ACCOUNT
2,981 PEPPERBALL
2,973 SHERWIN WILLIAMS
2,944 CENTER FOR ENERGY AND ENVIRONMENT
2,928 U.S. BANK - I-494 PURCH. CARD
2,911 MARTIN MARIETTA MATERIALS
2,898 DUNHAM ASSOCIATES
2,870 OXFORD STREET MERCHANTS
2,867 BOLTON & MENK INC
2,809 SITEONE LANDSCAPE SUPPLY, LLC
2,768 INDIGO SIGNWORKS, INC.
2,765 BURNSVILLE, CITY OF
2,756 LEXIPOL LLC
2,750 PEPPERBALL
2,750 HENNEPIN HEALTHCARE
2,732 LOGIS
2,723 HENNEPIN COUNTY TREASURER
2,722 H2I GROUP
2,716 INTERSTATE POWER SYSTEMS INC
2,650 BELLBOY CORPORATION
2,648 DODGE OF BURNSVILLE
2,642 NAC MECHANICAL AND ELETRICAL SERVICES
2,616 HOHENSTEINS INC
2,568 XIGENT SOLUTIONS LLC
2,526 VAN PAPER COMPANY
2,484 SAFETY SIGNS
2,482 PAUSTIS & SONS COMPANY
2,477 METRO SALES INCORPORATED*
2,466 BAKER TILLY ADVISORY GROUP, LP
2,439 ARVIG
2,426 EDEN PRAIRIE PROFESSIONAL IN AGING
2,425 BELLBOY CORPORATION
2,389 ISG INC
2,383 SYSCO WESTERN MINNESOTA
2,378 HACH COMPANY
2,353 EDGE ECOSYSTEMS LLC
2,350 DH EXCAVATING
2,346 CLEAR RIVER BEVERAGE CO
2,336 BCM ONE
2,322 ABRAMOVICH GENNADIY
2,299 SITEONE LANDSCAPE SUPPLY, LLC
2,298 AMERICAN RED CROSS
2,275 J&L STEEL ERECTORS LLC
2,260 RICKI AND SONS
2,257 BAYCOM INC
2,255 HOME DEPOT CREDIT SERVICES
Amount Vendor Account Description Business Unit Comments
2,206 SITEONE LANDSCAPE SUPPLY, LLC
2,197 PERA
2,197 PERA
2,132 THE WINDOW GUYS, LLC
2,119 ART PARTNERS GROUP, LLC
2,101 GREAT LAKES COCA-COLA DISTRIBUTION
2,085 AMERICAN RED CROSS
2,065 WEX
2,054 ASPEN MILLS
2,039 ASCENTEK, INC
2,031 CINTAS CORPORATION
2,030 SCHLOMKA SERVICES LLC
2,027 ULINE
2,000 DAKOTA COUNTY CDA
1,986 VINOCOPIA
1,980 TWIN CITY SEED CO
1,967 SIR LINES-A-LOT
1,955 FOBBE ELECTRIC INC
1,949 GRAINGER
1,927 CUMMINS SALES AND SERVICE
1,914 OUTDOOR ENVIRONMENTS INC
1,868 HORIZON COMMERCIAL POOL SUPPLY
1,868 XCEL ENERGY
1,866 CDW GOVERNMENT INC.
1,863 CORE & MAIN
1,801 MENARDS
1,783 WEX
1,768 INTERNATIONAL UNION OF OPERATING
1,766 WINE COMPANY, THE
1,720 FIDELITY SECURITY LIFE INSURANCE CO
1,716 XCEL ENERGY
1,712 INTERSTATE POWER SYSTEMS INC
1,694 LANDS END CORPORATE SALES
1,690 PRAIRIE ELECTRIC COMPANY
1,684 ADVANCED ENGINEERING & ENVIROMENTAL SERV
1,663 OXFORD STREET MERCHANTS
1,656 POMP'S TIRE SERVICE INC
1,652 REINDERS INC
1,640 GLOBAL RESERVE LLC
1,635 TNC FABRICATING LLC
1,621 BOUND TREE MEDICAL LLC
1,617 OUTDOOR ENVIRONMENTS INC
1,608 TRAFERA LLC
1,588 RIDGEWATER COLLEGE
1,581 SYSCO WESTERN MINNESOTA
1,524 WEX
1,524 LYNDALE PLANT SERVICES
1,519 GENUINE PARTS COMPANY
1,505 OUT BACK NURSERY INC
1,500 LOCAL 5539 EDEN PRAIRIE
1,500 SCOTT NELSON COACHING INC
1,500 AMERICAN ENVIRONMENTAL LLC
1,500 CARCIOFINI COMPANY
1,492 ASPEN WASTE SYSTEMS INC.
Amount Vendor Account Description Business Unit Comments
1,470 MENARDS
1,465 MIDWEST WETLAND IMPROVEMENTS LLC
1,456 SCHMIDT, MATT
1,450 LEAST SERVICES COUNSELING
1,439 SSI ABS-2025-1 PROJECT HOLDINGS LLC
1,435 TRAFERA LLC
1,432 SUMMER LAKES BEVERAGE LLC
1,422 DOMACE VINO LLC
1,420 MEGA BEER
1,403 PRECISE MRM LLC
1,402 MAVERICK WINE LLC
1,400 CLIMB THEATRE
1,400 HORIZON COMMERCIAL POOL SUPPLY
1,364 SIWEK LUMBER & MILLWORK INC
1,269 BLUPRAIRIE NATIVE PLANT NURSERY
1,268 WEX
1,258 TRANSPORTATION COLLABORATIVE & CONSULTAN
1,257 MEGA BEER
1,255 CLEAR RIVER BEVERAGE CO
1,243 BOUND TREE MEDICAL LLC
1,225 DICK COLLER
1,223 ACME TOOLS
1,219 PAFFY'S PEST CONTROL
1,211 JUNKYARD BREWING COMPANY LLC
1,188 AIRGAS USA LLC
1,184 MOTION SPORTS AND SAFETY PRODUCTS INC
1,170 AQUA LOGIC INC
1,170 WINE COMPANY, THE
1,151 PETERSON BROS ROOFING AND CONSTRUCTION I
1,142 UKG INC
1,142 UKG INC
1,135 PAUSTIS & SONS COMPANY
1,132 CENTERPOINT ENERGY
1,125 PETERSON COUNSELING AND CONSULTING LLC
1,121 WEX
1,121 XCEL ENERGY
1,119 EDEN PRAIRIE SCHEELS
1,112 WINEBOW
1,112 FIRE SAFETY USA INC
1,110 MEGA BEER
1,097 STREICHERS
1,089 XCEL ENERGY
1,080 METROPOLITAN STATE UNIVERSITY
1,075 MAVERICK WINE LLC
1,035 MADDEN, GALANTER, HANSEN PLLC
1,033 BELLBOY CORPORATION
1,032 QUADIENT LEASING USA INC
1,021 OXFORD STREET MERCHANTS
1,016 WM MUELLER AND SONS INC
1,016 WINEBOW
1,000 ANNIKEN CREATIVE INC
1,000 VEIT & CO
1,000 DIETHELM, TAMMY L
994 HIGHWAY 5 BP
Amount Vendor Account Description Business Unit Comments
984 JASPER ENGINEERING & EQUIPMENT COMPANY
980 WINEBOW
955 KRISS PREMIUM PRODUCTS INC
954 PRYES BREWING COMPANY
936 BARREL THEORY BEER COMPANY
936 WEX
916 CONTECH ENGINEERED SOLUTIONS LLC
911 PAFFY'S PEST CONTROL
896 EARL F ANDERSON
887 XCEL ENERGY
865 MODIST BREWING COMPANY
864 BARREL THEORY BEER COMPANY
857 WEX
853 METRO ELEVATOR
835 BERGMAN LEDGE LLC
833 LEXISNEXIS RISK SOLUTIONS FL INC
815 WOODEN HILL BREWING COMPANY LLC
810 SMALL LOT MN
801 VEOLIA ES TECHNICAL SOLUTIONS LLC
800 RICHARD HODNE
799 MODIST BREWING COMPANY
795 XCEL ENERGY
790 PETERSON COUNSELING AND CONSULTING LLC
788 SCOTT COUNTY
776 UNMAPPED BREWING CO
771 EHLERS & ASSOCIATES INC
769 WEX
760 GLOBAL RESERVE LLC
756 MENARDS
755 CLAREY'S SAFETY EQUIPMENT
748 GLOBAL RESERVE LLC
725 EPIC EVENT RENTAL
716 WINE COMPANY, THE
700 DURKEE, DAVID
686 ASTLEFORD EQUIPMENT COMPANY INC
686 VINOCOPIA
683 STREICHERS
671 GERTENS
667 BARNUM GATE SERVICES INC
667 TWIN CITY SEED CO
658 METRO ELEVATOR
657 ACME TOOLS
652 EULL'S MANUFACTURING CO INC
647 BACK CHANNEL BREWING COLLECTIVE LLC
639 INSIGHT BREWING COMPANY LLC
630 XCEL ENERGY
624 SOLUTION BUILDERS
623 METRO ELEVATOR
618 ALLEGRA PRINT & IMAGING
614 FLYING CLOUD TRANSFER STATION 4553
607 XCEL ENERGY
600 TOTAL ENTERTAINMENT/KIDSDANCE PROD.
600 MICHAEL MILKOVICH
594 WEX
Amount Vendor Account Description Business Unit Comments
577 WEX
577 WEX
576 BARREL THEORY BEER COMPANY
561 SYMBOLARTS
558 WEX
550 BOBBY JENSEN
550 PIONEER ATHLETICS
546 AMERICAN PRESSURE INC
545 BODENNER ZACHARY
543 THE OASIS GROUP
536 MTI DISTRIBUTING INC
535 POMP'S TIRE SERVICE INC
531 SHAMROCK GROUP, INC - ACE ICE
523 LIBATION PROJECT
519 VENN BREWING COMPANY
517 WATER CONSERVATION SERVICES INC
513 US BANK - CREDIT CARD MERCHANT ONLY
512 STEEL TOE BREWING LLC
507 FORTE
501 CENTURYLINK
500 ELPIS ENTERPRISES
500 IACP
489 INSIGHT BREWING COMPANY LLC
486 HENNEPIN COUNTY TREASURER
483 BERGMAN LEDGE LLC
478 GAME ONE
476 VERIZON WIRELESS
470 IDEAL SERVICE INC
468 WEX
465 XCEL ENERGY
462 CAMPBELL KNUTSON, P.A.
460 GLOBAL RESERVE LLC
453 WEX
449 WATER CONSERVATION SERVICES INC
445 TEIGLAND DAVID
444 DIVERSE BUILDING MAINTENANCE
442 CITY OF SAINT PAUL
436 ST CROIX LINEN LLC
436 ST CROIX LINEN LLC
436 ST CROIX LINEN LLC
433 INVOICE CLOUD INC
430 PETTY CASH-POLICE DEPT
430 DAVE'S PRECISION WASH
429 VENN BREWING COMPANY
428 MINNESOTA VALLEY ELECTRIC COOPERATIVE
427 RED BULL DISTRIBUTING COMPANY INC
423 WESTWOOD SPORTS INC
423 PREMIUM WATERS INC
420 BATTERIES PLUS BULBS #1248
414 GERTENS
410 STEEL TOE BREWING LLC
406 STANTEC CONSULTING SERVICES INC
396 CONSTRUCTION MATERIALS INC
395 I-STATE TRUCK CENTER
Amount Vendor Account Description Business Unit Comments
381 NEW FRANCE WINE COMPANY
380 DANGEROUS MAN BREWING
378 HEADFLYER BREWING
377 EDINA FIREFIGHTERS LOCAL 1275
370 TREVIPAY
369 DAKOTA PRAIRIE COMPOSTING
364 WM MUELLER AND SONS INC
360 ESTRINE, ROBERT
355 INBOUND BREW CO
355 SHAMROCK GROUP, INC - ACE ICE
353 R & R SPECIALTIES OF WISCONSIN
344 CENTERPOINT ENERGY
344 AMERICAN RED CROSS
338 LAURENT TIM
337 SHAMROCK GROUP, INC - ACE ICE
336 ACEK9
336 ARBEITER BREWING COMPANY LLC
336 STEEL TOE BREWING LLC
331 US BANK - PAYMODE
331 LIBERTY TIRE SERVICES LLC
329 J H LARSON COMPANY
323 QUALITY PROPANE
322 WEX
318 DOMACE VINO LLC
316 TRANSUNION RISK & ALTERNATIVE DATA
315 SHAMROCK GROUP, INC - ACE ICE
313 WEX
310 UNMAPPED BREWING CO
304 UNMAPPED BREWING CO
304 AM CRAFT SPIRITS SALES & MARKETING
303 DELTA DENTAL
300 STEARNS COUNTY SHERIFF'S DEPARTMENT
298 GRIMCO INC
297 CENTERPOINT ENERGY
296 WOODEN HILL BREWING COMPANY LLC
294 US BANK - PAYMODE
290 VESTIS SERVICES LLC
288 WEX
284 PROP - PR
278 INBOUND BREW CO
277 MONTGOMERY BREWING COMPANY LLC
277 LIBERTY TIRE SERVICES LLC
274 KNOX COMPANY
269 ZIEGLER INC
264 SHI CORP
262 CARLSTON, BRANDON
260 ESTATE OF JOSEPH JOHNS
259 INDIGO SIGNWORKS, INC.
259 LLOYDS CONSTRUCTION
258 JUNKYARD BREWING COMPANY LLC
258 VESTIS SERVICES LLC
256 BACK CHANNEL BREWING COLLECTIVE LLC
251 WEX
250 CITY OF EDEN PRAIRIE
Amount Vendor Account Description Business Unit Comments
250 DIRECTV
250 NOKOMIS SHOE SHOP
249 VINOCOPIA
247 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOC - DUES
245 CEF EDEN PRAIRIE COMMUNITY SOLAR LLC
243 NEW FRANCE WINE COMPANY
242 BKJ LAND COMPANY
241 GRAINGER
240 URBAN GROWLER BREWING COMPANY LLC
240 WEX
238 BERRY COFFEE COMPANY
238 LISA CASPER
237 WEX
237 CONCRETE CUTTING AND CORING
234 MARBLE MEDORI
232 ALL TRUCK AND TRAILER PARTS (ATTP)
231 MODIST BREWING COMPANY
230 THOMPSON JONATHAN
229 OPTUM HEALTH
229 WEX
229 LIFELINE INC
227 NATALIE WOLF-FOSTER
223 NUVEI INTEGRATED PAYMENTS INC
223 WEE NIKKI
217 LEONARD, MICHELLE
216 BOURGET IMPORTS
214 BROADWAY AWARDS
213 JUSTIN CARTER
207 MARCIA MORRIS
205 HEALTH STRATEGIES
205 VANCO SERVICES
202 WEX
201 FLEETPRIDE INC
200 LANO EQUIPMENT INC
199 UKG INC
197 PROPIO LS LLC
195 CITI-CARGO & STORAGE CO, INC
192 ANDREA POTTER
190 COLLINS BROTHERS TOWING
189 HEADFLYER BREWING
189 MR CUTTING EDGE
187 CEF EP COMMUNITY SOLAR LLC
187 CONSTRUCTION MATERIALS INC
186 STAPLES ADVANTAGE
185 NOVACARE REHABILITATION
183 ZIEGLER INC
182 CENTURYLINK
180 STAPLES ADVANTAGE
180 EMERALD ELEMENTS
180 MODIST BREWING COMPANY
178 TIMESAVER OFF SITE SECRETARIAL INC
178 TIMESAVER OFF SITE SECRETARIAL INC
178 TIMESAVER OFF SITE SECRETARIAL INC
177 CINTAS CORPORATION #470
Amount Vendor Account Description Business Unit Comments
174 CENTERPOINT ENERGY
173 AM CRAFT SPIRITS SALES & MARKETING
173 ANDY GROTH
169 RED BULL DISTRIBUTING COMPANY INC
168 STERLING FENCE INC
168 TOWMASTER
167 WEX
166 ADAMS PEST CONTROL INC
166 HENDERSON, THOMAS
165 HEALTH STRATEGIES
164 WILLIE POTTER
159 STAPLES ADVANTAGE
158 SAINT CROIX VINEYARDS, INC.
156 ASPEN MILLS
156 WOODEN HILL BREWING COMPANY LLC
155 GLOBAL EQUIPMENT COMPANY
152 STEEL TOE BREWING LLC
151 SOCIABLE CIDER WERKS LLC
150 KRISTIN KISHABA
150 MIKAYLA LECRONE
150 TAYLOR RUDDER
150 YUXIAO NING
150 GONZALEZ LISA MARY
150 NATALIE WOLF-FOSTER
150 STILLER JACLYN
150 KING SAMANTHA
150 LINDSEY BUSHNELL
148 ARCPOINT LABS OF EDINA
148 CENTURYLINK
146 MAVERICK WINE LLC
145 SHRED RIGHT
144 BARREL THEORY BEER COMPANY
144 FASTENAL COMPANY
143 INBOUND BREW CO
143 INSIGHT BREWING COMPANY LLC
141 DAXKO LLC
139 VERIZON WIRELESS
139 JUNKYARD BREWING COMPANY LLC
138 DIGGINS NICHOLE DAY
135 NEW FRANCE WINE COMPANY
134 NUVEI INTEGRATED PAYMENTS INC
131 CHRISTOPHER GRAN
130 BRAD LASSER
130 ALYSSA WINTERFELDT
130 JANSEN SABRINA
130 KAREN MCGILLIC
126 LIGHTING PLASTICS OF MN
123 MTI DISTRIBUTING INC
122 BRIANNA DVORAK
122 QUALITY PROPANE
122 STERICYCLE INC
121 AMANDA ANDERSON
120 JASON CARLSON
120 WEX
Amount Vendor Account Description Business Unit Comments
119 FASTENAL COMPANY
118 STANLEY BANN
117 ALSDURF LORI
116 HEALTHPARTNERS OCCUPATIONAL MEDICINE
116 CENTERPOINT ENERGY
113 XCEL ENERGY
113 HEATHER MARTIN
111 WSB & ASSOCIATES INC
110 ALEKSANDR KATANE
109 HENDERSON, THOMAS
109 CENTERPOINT ENERGY
109 FASTSIGNS
108 FREEZIAC
108 MINNESOTA CLAY CO. USA
107 XCEL ENERGY
106 JANELLE FLOM
105 CENTERPOINT ENERGY
105 BPAS
103 KATY MOORMAN
100 WEX
100 HENNEPIN COUNTY WARRANT OFFICE
100 MAXWELL TAGGART
95 TEST GAUGE INC
95 XCEL ENERGY
93 WM CORPORATE SERVICES INC
93 BARBARA L BAER
92 PAYCHEX
91 MADISON, MELISSA
90 MINNESOTA DEPT OF HEALTH
89 JSW EMBROIDERY & TACKLE TWILL
88 XCEL ENERGY
88 I-STATE TRUCK CENTER
87 YOUNGCHAN MA
86 THOMAS S BERG
86 R & R SPECIALTIES OF WISCONSIN
85 CITI-CARGO & STORAGE CO, INC
85 RDL INVESTMENTS
83 MINNESOTA VALLEY ELECTRIC COOPERATIVE
79 CENTERPOINT ENERGY
78 BERRY COFFEE COMPANY
77 MEREDITH KATE
75 SHANNON TRACI
73 CENTURYLINK
71 BROOKS WILKENING
71 WEX
71 TERRANCE KUKLA
70 MINNESOTA ICE SCULPTURES LLC
69 XCEL ENERGY
68 GROTH MUSIC
68 MIDWEST PLAYSCAPES
67 POMP'S TIRE SERVICE INC
65 RICHFIELD PRINTING INC
64 BCA - MNJIS
61 A TO Z RENTAL
Amount Vendor Account Description Business Unit Comments
60 FIRE SAFETY USA INC
56 CASE, RON
56 GRAINGER
51 RICHFIELD PRINTING INC
51 RICHFIELD PRINTING INC
51 ECM PUBLISHERS INC
50 GLOBAL EQUIPMENT COMPANY
50 FEIND STEPHANIE
50 WEX
50 SHANNON TRACI
50 HENNEPIN COUNTY WARRANT OFFICE
50 CHC CREATING HEALTHIER COMMUNITIES
50 EDEN PRAIRIE CRIME PREVENTION FUND
50 CENTERPOINT ENERGY
49 FLEETPRIDE INC
48 WEX
47 NORCOSTCO
47 WEX
46 INBOUND BREW CO
45 BLUE LINE CUSTOM GIFTS
44 SCHLOSSMACHER, JIM
43 CENTERPOINT ENERGY
41 PILGRIM DRY CLEANERS INC
40 CENTERPOINT ENERGY
40 STILLER JACLYN
39 THOMPSON JONATHAN
38 TOLL GAS AND WELDING SUPPLY
38 STOREY NATE
37 CENTERPOINT ENERGY
36 FERRELLGAS
33 WEX
33 CENTERPOINT ENERGY
33 CENTERPOINT ENERGY
33 WEX
32 CENTERPOINT ENERGY
31 IRMITER REGAN
31 WEX
30 VERIZON WIRELESS
30 CENTERPOINT ENERGY
29 TIMOTHY KESSEM
29 NCR PAYMENT SOLUTIONS,PA, LLC
29 NCR PAYMENT SOLUTIONS,PA, LLC
29 NCR PAYMENT SOLUTIONS,PA, LLC
27 FLEETPRIDE INC
27 ARMIN DZIHIC
25 MINNESOTA VALLEY ELECTRIC COOPERATIVE
25 MINNESOTA VALLEY ELECTRIC COOPERATIVE
23 MINNESOTA POLLUTION CONTROL AGENCY
23 SPOK, INC.
23 UPS SUPPLY CHAIN SOLUTIONS
23 XCEL ENERGY
22 MINNESOTA TROPHIES & GIFTS
22 EMILY STEINER
22 MINNESOTA TROPHIES & GIFTS
Amount Vendor Account Description Business Unit Comments
20 NICK WEIS
20 MINNESOTA AIR INC
20 MICHAEL WINEGAR
20 EDEN PRAIRIE LOCAL NEWS
19 JEREMY HALLETT
18 JOE BOSCO
17 XCEL ENERGY
17 XCEL ENERGY
17 XCEL ENERGY
17 UPS SUPPLY CHAIN SOLUTIONS
16 NCPERS GROUP LIFE INSURANCE
16 WEX
15 JOHN CREPPS
14 JULIA SAWYER
14 JOHNSTONE SUPPLY
14 LISA BERKELEY
14 FASTENAL COMPANY
14 RICHARD SEELER
13 CLAIRE STANDAFER
13 PILGRIM DRY CLEANERS INC
12 BLAKE SHEPARD
11 WEX
11 BRYON BOGENRIEF
11 OSOWSKI BEN
11 JAY MALONEY
11 CYNTHIA NIGBUR
10 TRANSWEST TRUCKS SAVAGE
10 EDEN PRAIRIE FOUNDATION
10 EDEN PRAIRIE FOUNDATION
9 MARKUS HOMES LLC
8 SIMON GRINBERG
7 REID CHESTERFIELD
7 BRITTANY HANCOCK
7 XCEL ENERGY
7 SQUARE
6 KEITH RUBERG
6 CONCRETE CUTTING AND CORING
5 BRIAN BRANDT
5 JACOB BEAVER
3 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE
7,442,814 Report Total