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City Council - 10/21/2014
AGENDA JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 21, 2014 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case PLANNING COMMISSION MEMBERS: John Kirk, Jon Stoltz, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan, Charles Weber, Andrew Pieper CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II—5:30 p.m. I. DESIGN STANDARDS Council Chambers— 6:30 p.m. II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 21, 2014 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Julie Klima, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 7, 2014 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 7, 2014 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. MACP by Margaret A. Cargill Philanthropies. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 5.04 acres; Zoning District Amendment within the Office Zoning District on 5.04 acres and Site Plan Review on 5.04 acres. Location: 6889 Rowland Road(Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan) C. ADOPT RESOLUTION AMENDING TELECOMMUNICATION LICENSE AGREEMENT BETWEEN T-MOBILE AND CITY OF EDEN PRAIRIE AT THE DELL ROAD WATER TANK D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUESTEM HERITAGE GROUP FOR PRODUCTION OF INTERPRETIVE SIGNS AND KIOSK CITY COUNCIL AGENDA October 21, 2014 Page 2 E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WHITE BUFFALO INC. FOR DEER MANAGEMENT PROGRAM F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR DESIGN PHASE SERVICES FOR CEDAR HILLS PARK G. APPROVE PROFESSIONAL SERVICES AGREEMENT AND BUSINESS ASSOCIATE AGREEMENT WITH ARTHUR J. GALLAGHER& CO. FOR EMPLOYEE BENEFIT CONSULTING SERVICES H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CLIFTONLARSONALLEN FOR AUDITING SERVICES FOR 2014 - 2016 I. APPROVE PURCHASE OF "MICROSOFT SQL SERVER" LICENSES THROUGH STATE OF MINNESOTA AGREEMENT 01E61724 J. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL K. DECLARE USED VEHICLES AS SURPLUS AND AUTHORIZE DISPOSAL IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION APPROVING 2014 SPECIAL ASSESSMENTS B. SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 by LSA Design Inc. for Southwest Transit. Request for Planned Unit Development Concept Review Amendment on 10.1 acres; Planned Unit Development District Review with waivers on 10.1 acres; Zoning District Amendment within the I-2 Zoning District on 10.1 acres and Site Plan Review on 10.1 acres. Location: 14405 62nd Street West (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment within the I-2 Zoning District) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Set Date for Canvass of 2014 General Election Results CITY COUNCIL AGENDA October 21, 2014 Page 3 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Community EMT Program H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: October 21, 2014 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Monday, October 21, 2014 TUESDAY, OCTOBER 21, 2014 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 7, 2014 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 7, 2014 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-K on the Consent Calendar. A. CLERK'S LICENSE LIST B. MACP by Margaret A. Cargill Philanthropies. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 5.04 acres; Zoning District Amendment within the Office Zoning District on 5.04 acres and Site Plan Review on 5.04 acres. Location: 6889 Rowland Road(Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan) ANNOTATED AGENDA October 21,2014 Page 2 C. ADOPT RESOLUTION AMENDING TELECOMMUNICATION LICENSE AGREEMENT BETWEEN T-MOBILE AND CITY OF EDEN PRAIRIE AT THE DELL ROAD WATER TANK D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUESTEM HERITAGE GROUP FOR PRODUCTION OF INTERPRETIVE SIGNS AND KIOSK E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WHITE BUFFALO INC. FOR DEER MANAGEMENT PROGRAM F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR DESIGN PHASE SERVICES FOR CEDAR HILLS PARK G. APPROVE PROFESSIONAL SERVICES AGREEMENT AND BUSINESS ASSOCIATE AGREEMENT WITH ARTHUR J. GALLAGHER& CO. FOR EMPLOYEE BENEFIT CONSULTING SERVICES H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CLIFTONLARSONALLEN FOR AUDITING SERVICES FOR 2014 - 2016 I. APPROVE PURCHASE OF "MICROSOFT SQL SERVER" LICENSES THROUGH STATE OF MINNESOTA AGREEMENT 01E61724 J. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL K. DECLARE USED VEHICLES AS SURPLUS AND AUTHORIZE DISPOSAL IX. PUBLIC HEARINGS/MEETINGS A. 2014 SPECIAL ASSESSMENTS (RESOLUTION) Official notice of this public hearing was published in the October 2, 2014,Eden Prairie News and sent to 24 property owners. Synopsis: Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments and contracted removal assessments. Staff recommends Council approve the list of assessments. MOTION: Move to: I • Close the public hearing for the approval of the 2014 Special Assessments; and • Adopt the resolution approving all Special Assessments presented in the fall of 2014. ANNOTATED AGENDA October 21,2014 Page 3 B. SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 by LSA Design Inc. for Southwest Transit. Request for Planned Unit Development Concept Review Amendment on 10.1 acres; Planned Unit Development District Review with waivers on 10.1 acres; Zoning District Amendment within the I-2 Zoning District on 10.1 acres and Site Plan Review on 10.1 acres. Location: 14405 62nd Street West (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment within the I-2 Zoning District) Official notice of this public hearing was published in the September 4, 2014,Eden Prairie News and sent to 12 property owners. Synopsis: The proposal is to construct an addition of 375 square feet to the existing principal building and to add a 1,800 square foot fuel canopy over existing fuel pumps. As a part of the request, the proponent is seeking two waivers to City Code requirements. The first is a waiver to the front yard setback from 50 feet to 21 feet for the fuel canopy. The fuel pump location is an existing condition. The proposed canopy is necessary to help prevent rainfall from falling directly onto the fuel pad and is recommended by the Minnesota Pollution Control Agency(MPCA). The second waiver request is to allow an increase in the shoreland impervious surface percentage. The property is in a shoreland area since it is located within 300 feet of Nine Mile Creek. The addition to the principal building increases the impervious surface percentage from 42.2%to 42.3%. The shoreland code requirement has a 30% impervious surface limitation. A PUD waiver was granted in 2006 for the site to allow 42.2% impervious surface. The waiver was granted because the building existed prior to the adoption of the shoreland code, a majority of the site is located outside of the 300 foot shoreland area, and a stormwater pond was constructed as mitigation. The 120-Day Review Period Expires on December 31, 2014. The Planning Commission voted 8-0 to recommend approval of the project at the September 22, 2014 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 10.1 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the 1-2 Zoning District on 10.1 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. X. PAYMENT OF CLAIMS ANNOTATED AGENDA October 21,2014 Page 4 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Set Date for Canvass of 2014 General Election Results C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Community EMT Program Synopsis: With the implementation of the Affordable Care Act hospitals are now more concerned than ever with patients who are re-admitted within thirty days of being discharged from the hospital. Local Fire Departments have partnered with Park Nicollet Health Care on a pilot program to determine the efficacy of firefighters doing checks on these recently released patients within the first 24 hours of discharge. The program is proving effective in the pilot phase. In order for the program to gain more permanent status it is desirable to have a Community EMT standard adopted statewide. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: VI.A. UNAPPROVED MINUTES JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 7, 2014 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case PLANNING COMMISSION MEMBERS: John Kirk, Jon Stoltz, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan, Charles Weber, Andrew Pieper CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, City Planner Julie Klima, Senior Planner Regina Rojas, and Recorder Lorene McWaters Council Member Butcher Wickstrom was absent. Planning Commission Members Stoltz, Wuttke, Kirk and Weber were also absent. I. FLYING RED HORSE SIGN Parks and Recreation Director Lotthammer provided an update on the Flying Red Horse sign. The sign was located atop the Mobil station on Flying Cloud Drive until the station was sold several years ago. The daughter of the original station owner donated the sign to the City, and it has since been in storage in Northfield. The sign is approximately 17 feet tall by 12 feet wide by 3 feet thick, and it is double-sided. Lotthammer said the City has several options for the sign, including: 1) Preserve it in its current condition, and keep it in storage 2) Restore it and display it in a public area. Lotthammer said restoring the sign so it can be lit up again would cost $35,000-$40,000. Installation would cost another$15,000. Council Member Case said perhaps the sign could be displayed in its current condition without being lit up, assuming a suitable location is available. He said the sign is historical and tells a story, but he does not think it necessarily needs to be restored. Mayor Tyra-Lukens said she would be hesitant to use taxpayer money to restore what is basically a trademark item. There was general agreement that the sign should be brought back to Eden Prairie, and a suitable place for storage will be determined. II. TRANSIT-ORIENTED DEVELOPLENT (TOD) ORDINANCE Senior Planner Regina Rojas kicked off the presentation, with the assistance of Brad Scheib of HKGi. Rojas said the City received a grant from the Met Council in 2012 for development of City Council Workshop Minutes October 7, 2014 Page 2 zoning policies related to the proposed Southwest Light Rail line, which includes five stations in Eden Prairie. The City contracted with HKGi to assist in the drafting of a transit oriented development(TOD) ordinance. The goal of the ordinance is to establish a new transit-oriented development zoning district for the five SWLRT station areas. The TOD ordinance will: 1. Make LRT stations central, prominent and easily accessible 2. Encourage a complementary mix of land uses 3. Allow for higher density development 4. Include buildings that are oriented to public spaces 5. Support economically and environmentally sustainable development 6. Create strong connections to transit stations 7. Create land-efficient parking strategies 8. Provide guidance for utility corridors and facilities A project kick-off meeting included the City Council and City Commissions. The Planning Commission participated in a visual preferences survey, and will review the draft ordinance. The project was also presented at a Chamber of Commerce Government Committee meeting. The draft ordinance includes a series of sub-districts that recognize different conditions within different station areas (employment, residential and mixed-use). There is an emphasis on building form and minimum (rather than maximum) density thresholds. The area covered by the TOD zoning district is the 10-minute walkshed surrounding each station. Each district will be zoned to align with the anticipated primary use of the district (employment, residential, mized-used). Application of the TOD zoning will enable development that achieves the TOD vision for future station areas, and create opportunities for existing properties to redevelop as higher density and higher value projects. Scheib presented examples of how mixed use, residential and employment districts might be developed, including building types, layouts, public spaces, and street orientation. Six main types of buildings are envisioned for the TOD areas: attached, stacked, mixed use, commercial, workplace flex and parking structure. Building standards for the TOD areas seek to orient buildings to the street and create active, safe and pleasant pedestrian environments. Next steps in the process are: 1. Review of the draft ordinance by the Planning Commission 2. Meetings with building owners in each station area 3. Completion of the official public hearing process 4. Formal adoption of the final TOD ordinance by the City Council City Council Workshop Minutes October 7, 2014 Page 3 Council Member Nelson said she would like to see clean light industry considered for the station areas. Planning Commission Member Frank said how the City wants Eden Prairie to look will drive building types. Community Development Director Jeremiah said design standards, which have been a topic of two workshops and will be discussed again on October 21, will play into TOD standards. Council Members Aho and Nelson said they would like to see natural green elements that are visible from the street and sidewalk. Mayor Tyra-Lukens asked if the TOD ordinance will go into effect only if SW LRT moves forward. Jeremiah said it will be beneficial to have the ordinance in place when seeking out federal funding and grants. II. OPEN PODIUM A. MATT LINDON—WATERSHED DISTRICT RULES Lindon said many of Eden Prairie's lakes have marginal water quality. He has been involved with the Riley Purgatory Bluff Creek Watershed District, and he believes the proposed rules are reasonable and well thought out. He said he does not think it is to the City's benefit to marginalize the rules. He said all parties need to do their part. He encouraged the City Council to think about the long term beneficial effect of the rules. B. MARILYN TORKELSON Torkelson said her property is next to a wetland near Cedar Ridge. She loves to be in the water,but has to swim elsewhere because of the water quality. She said she has three rain gardens and has worked to make her yard inviting to butterflies and bees. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 7, 2014 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PRESENTATION OF NATIONAL AWARD FOR FIRE PREVENTION PROGRAM EFFECTIVENESS State Fire Marshal Bruce presented the National Association of State Fire Marshals (NASFM) Life Safety Achievement Award for 2013 to Fire Chief Esbensen. Mr. West said the Eden Prairie Fire Department was recognized for the second year in a row with an award from NASFM for its highly effective fire prevention and education strategy. Only twelve departments in Minnesota received this award for exceptional performance. B. RECOGNITION OF FIRE INSPECTOR RICK HAMMERSCHMIDT Chief Esbensen said the Eden Prairie Fire Department implemented a rental housing program in June of 2006, which has brought the number of fires in our large, multi-family rental housing units to zero. Cities of the same or similar size and demographics continue to have significant fires in their multi-family dwellings. Chief Esbensen presented an award to Fire Inspector Rick Hammerschmidt for his efforts in creating a well-organized program that benefits the City, the residents, and property owners. Mayor Tyra-Lukens thanked Chief Esbensen and the firefighters for their efforts. She noted the rental housing ordinance implemented in 2006 was a great decision. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Item XIV.A.1. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 16, 2014 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, September 16, 2014, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 16, 2014 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, September 16, 2014, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AWARD CONTRACT TO ACCELERATED TECHNOLOGY FOR AQUATICS CENTER PHASE I AUDIO,VIDEO AND DATA TECHNOLOGY EQUIPMENT C. AUTHORIZE ENTERING INTO PERMANENT USE AGREEMENT WITH METROPOLITAN AIRPORTS COMMISSION FOR USE OF CEDAR HILLS PARK D. ADOPT RESOLUTION NO. 2014-97 AUTHORIZING FILING OF AN APPLICATION IN PARTNERSHIP WITH TRUE FRIENDS FOR A HENNEPIN YOUTH SPORTS PROGRAM GRANT FOR PLAY STRUCTURE IMPROVEMENTS AT CAMP EDENWOOD E. ADOPT RESOLUTION NO. 2014-98 APPROVING APPOINTMENT OF ELECTION JUDGES AND STUDENT ELECTION JUDGES FOR NOVEMBER 4, 2014, GENERAL ELECTION F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MARCO TO UPDATE THE CITY'S TELEPHONE SYSTEM G. ADOPT POST ISSUANCE COMPLIANCE POLICY H. ADOPT RESOLUTION NO. 2014-99 APPROVING RENEWAL OF MUTUAL AID PACT WITH HENNEPIN COUNTY CHIEFS OF POLICE I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR PRELIMINARY DESIGN SERVICES FOR THE HIAWATHA AVENUE EXTENSION PROJECT MOTION: Aho moved, seconded by Butcher Wickstrom, to approve Items A-I of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case,Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Use of Flashing Signal Lights at Night--Mayor Tyra-Lukens Tyra-Lukens said a resident asked her why Eden Prairie does not use flashing signal lights at night. She asked Public Works Director Ellis to respond. Ellis said some communities do have flashing lights late at night. It is prevalent in rural communities; however, it is rare in Minnesota, particularly in the metropolitan area. People here are not accustomed to it, and MnDOT and Hennepin County have made a decision to not go to flash mode. The Federal Highway Administration did a study that showed a 30% increase in accident rates with the use of flash mode. In addition, there are very few intersections with signal lights that are under City control. He said staff would not recommend we go to flash mode in the City, although they could study the timing of signal lights to see if there are excessive delays. B. REPORT OF CITY MANAGER 1. Approve Lease Between the City of Eden Prairie and Supervalu Inc. for Space at the Eden Prairie City Center Property Getschow said the Council is being asked to approve a lease between the City of Eden Prairie and Supervalu Inc. for 40,513 square feet of rentable area. He noted the City owns the 230,000 square foot City Hall debt-free, but it is not completely occupied by the City. Almost 70,000 square feet became available after C.H. Robinson left earlier this year. There is another 40,000 square feet that the School District leases for Community Education. The five-year lease with Supervalu would start on March 1, 2015, and would include some improvements to the building. Supervalu would have an option to take the remaining 33,000 square foot space within the first six months, and would have one right of first refusal following that. We would plan to continue to market the remainder of the space. Nelson asked if there was no one who was interested in taking the whole space. Getschow said we had at least one entity that was interested and we began discussions on a lease, but they chose to stay in their current location. We had discussions with at least two other businesses that wanted to lease a portion of the space. We have seen that the market for 70,000 square foot offices is much less than that for the 30-40,000 range. Case asked how this lease compares to the rates paid by C.H. Robinson. Getschow said C.H. Robinson was under a net lease, whereas this is a gross lease; however, considering the operating costs, this lease is at or above what C.H. Robinson was at when they left. Aho asked how it looks in terms of breaking out the additional space for entrances and other considerations. Getschow said a lot of our discussion has been about the entrances and the parking. We have talked about breaking the space into two or, at most, three spaces. Butcher Wickstrom asked what percentage of parking is included in this lease compared to the overall number of spaces. Getschow said there is a lot of space in front of the area formerly leased by C.H. Robinson, and it continues down to the fire station. The parking designated for Supervalu is next to Community Education and near the fire station with some spaces that go from the fire station to the natural median in the parking lot. Butcher Wickstrom asked if there would be a conflict for parking at weddings and other events held in the City Center. Getschow said Supervalu would be primarily a day-time office operation so the parking lot would be empty on weekends and evenings. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve a new lease between the City of Eden Prairie and Supervalu Inc. for the space at the Eden Prairie City Center property located at 8100 Mitchell Road. Motion carried 5-0. 2. Watershed District Rules Getschow said at the September 2 meeting the City Council asked staff to do some research into rule-making by the Riley Purgatory Bluff Creek Watershed District. At the September 16 meeting the City Attorney and the Public Works Director gave reports on a watershed district's rule-making ability and the status of the Riley Purgatory Bluff Creek rules. He said City staff has been working with the watershed district staff for more than a year giving comments on the rules, testifying about our concerns, and promoting our desire to have a coherent set of rules, City-wide. Ellis said the majority of the 46 watershed districts in Minnesota have some form of rules. He noted we work most closely with the Nine Mile Creek and the Riley Purgatory Bluff Creek Watershed Districts. The Nine Mile Creek Watershed District began issuing permits in 1973, as did Riley Purgatory Bluff Creek. In 2007 Riley Purgatory Bluff Creek decided to suspend their rules. Eden Prairie was required to update our plan to match the requirements of the watershed districts. In 2008 the City approved a local water management plan that would take over the Riley Purgatory Bluff Creek Watershed District rules and that would follow the rules made by Nine Mile Creek. Riley Purgatory Bluff Creek is now interested in restarting that regulatory program. He said we have tried to get consistency of the rules with those of Nine Mile Creek, and we suspect they will be bringing changes to the rules that will provide parity. Ellis said the concern of staff was that we have the ability to maintain our regulated features in the future, because the rules would keep us from doing that. He said Riley Purgatory Bluff Creek has indicated they might be willing to be flexible. There is also a concern about the MS4 permit which allows the discharge of stormwater from our City into the waters of the State. He thought these rules complement that. We have been discussing these items with Riley Purgatory Bluff Creek and have expressed our concerns. He explained their requirements for a stormwater permit would have two triggers: at least a 5,000 square foot area being disturbed(which would be equivalent to the landscaping of an average lot being completely redone); and 50 cubic yards of soil being removed(which would be equivalent to a 20 X 20 foot addition to a house). Getschow said there are varying degrees of issues. We had concerns that some proposed rules were above and beyond the rules of Nine Mile Creek. There has been some communication and concern about their ability to make any rules at all. If we were to pursue that path, the City Attorney would need to do additional research. That would be an option for the Council to consider if the rules set by Riley Purgatory Bluff Creek do not meet our approval; however, we don't have to make a decision on this tonight. Nelson asked if the triggers would be only for property that goes immediately to a wetland, stream or lake. Ellis said there are several rules within what is being proposed. The stormwater rules include a trigger for a stormwater permit. Other rules deal with buffers and are separate from the stormwater rules. Claire Bleser, Riley Purgatory Bluff Creek District Administrator, explained the triggers for buffers are for wetlands or streams, not lakes. She said a change that would trigger the permit and the buffer rules would take effect on a property adjacent to a stream or wetland. Aho said we are currently living under a set of rules from one watershed district and are looking at implementing a set of new rules from another. As long as the rule sets are in line, we would have consistency. It seemed to him that we are looking at making the rules consistent, and he had no trouble with that. Ellis noted that was our goal from the beginning. There are three areas in the proposed rules that are a little different: high risk erosion areas; tracking groundwater appropriations; and the protection of our streams. Currently we don't have buffers on streams, and those areas are ripe for erosion. Case said the Council has not suggested we don't want rules nor that we don't want watershed districts. We do have a sense from some residents of an issue with the process. He wanted our staff to work with Riley Purgatory Bluff Creek to make sure the rules are the best for everyone. He didn't feel comfortable tonight that everything is okay. Before we move on this, he would like to have a public hearing to hear from our residents about the impact of the rules and if this is the right way to go. We could then give clearer direction to staff. He said he felt the watershed districts are not paying attention to the political aspects of this. As an elected body, the Council's job is to protect the process. Getschow said tonight was an update and an opportunity to get Council feedback so there isn't any decision point now. The City isn't making these rules, rather it is a reaction to the rules. We could talk about some type of process to get feedback from the entire community about the rules of all three watershed districts in our City. That process could then impact the updating of our local water management plan. Getschow said staff needs to research how close the rules are. It is our understanding the buffer requirements for lakes were removed in response to the residents' concerns. Aho thought we do need to work with the watershed districts to develop a plan that meets our residents' needs and the City's needs and that gives consistency across the City. He would like staff to continue to move forward and was pleased to hear Riley Purgatory Bluff Creek is listening and is open to making changes. He noted our decision point comes at the end of the process after they have enacted their rules. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Agreement with Ice Castles LLC to Provide an Ice Castle Attraction at Miller Park Lotthammer said staff has been working with the organization, Ice Castles LLC, a firm that builds ice structures in northern states. While the structures are not castles, they are structures that can be walked through. The structures are lit at night with different colored lights. The history is that the structure becomes a regional attraction so it would have an economic impact in our City. We are looking to place it in Miller Park because that park sits empty most of the winter. A group of City staff discussed with Ice Castles LLC what the impact would be on the infrastructure and had discussions with Bloomington about their experience with a similar structure at the Mall of America. The group came to the conclusion it is something that could work. If it works well, Ice Castles LLC would like to do this for multiple years; however, tonight's agreement is for one year. Sections of the structure would be handicapped accessible and all operations of the structure would have compliance with State law. Tyra-Lukens asked if the water charges are incorporated in the monthly fee. Lotthammer said they are. Tyra-Lukens asked three questions: if the lighting would disturb the neighbors; if there would be protection from temporary signs all around the community; and if there are some things we could do with our Parks and Recreation programming in Miller Park this winter to provide good synergy. Lotthammer replied Ice Castles LLC would have to follow all our current sign regulations in the City which are fairly restrictive. Social media would be a large driver in their marketing of the attraction. Most of the lighting is internal and is quite minimal. The attraction would be located to the right of the splash pad within a wooded area and separate from the sightlines of the neighbor's yards. He said they are working on ideas for other programming at Miller Park this winter. Regarding signs, Rosow commented this is a situation of the City acting as a landlord. The tenant can advertise regionally for the attraction, but in Eden Prairie they are limited to our codes regarding signage. Aho said it looks like a great project,but there could be some impacts to our parks. There also might be some other costs we could incur as a result of this. Lotthammer said we plow the roads in the park and would plow through the parking lot as well, which would require some costs for manpower. Any upgrades to the electrical system would be at their cost. The site itself is on non-irrigated, mowed grass. Other cities reported having minimal damage to the turf The impact to the park would be from people driving through. The Bloomington Police Department told Chief Reynolds the impact to security was really non-existent. Nelson said she has received calls from people complaining that Miller Park has too few port-a-potties. She asked how we would make sure there would be enough facilities for this attraction. Lotthammer said it would be their responsibility to place the appropriate number of portable toilets to serve visitors at the structure and those would be supplied at their expense. Nelson asked if there is any down side to our new playground if it is used by kids in the winter time. Lotthammer said they have not seen damage to the playgrounds after use in the winter. MOTION: Case moved, seconded by Butcher Wickstrom, to authorize entering into a Use Agreement with Ice Castles LLC to provide an ice castle attraction at Miller Park. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:11 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Amendment to Liquor License 2AM Closing Permit- Renewal Eden Prairie Jakes Inc DBA: Jake's City Grille - 1 - CITY COUNCIL AGENDA DATE: October 21, 2014 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning MACP Janet Jeremiah/Julie Klima Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 5.04 acres; and • Approve Resolution for Site Plan Review on 5.04 acres; and • Approve the Development Agreement for Margaret A. Cargill Philanthropies (MACP). Synopsis This is final approval of the development agreement and plans for an approximate 65,000 square foot office expansion. The 120-Day Review Period Expires on October 30, 2014. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement MACP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2014-PUD- -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: 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 amended within the Zoning District_-2014-PUD-_-2014 (hereinafter "PUD-_-2014- ) Section 3. The City Council hereby makes the following findings: A. PUD-_-2014- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2014- 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-_-2014- are justified by the design of the development described therein. D. PUD-_-2014- is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 21, 2014, entered into between Margaret A. Cargill Philanthropies, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2014- , and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the District and shall be included hereafter in the Planned Unit Development_-2014- , 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. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of September, 2014, 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 21St day of October, 2014. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2014. EXHIBIT A PUD Legal Description Prior to Final Plat — Lots 1 and 2, Shady Oak Business Center, Hennepin County, Minnesota PUD Legal Description After Final Plat — Lotl, Block 1, RSOP Twenty Fourteen, Hennepin County, Minnesota MACP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2014-PUD -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 6889 and 6855 Rowland Road within the Office Zoning District Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2014. (A full copy of the text of this Ordinance is available from City Clerk.) MACP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR MARGARET A. CARGILL PHILANTHROPIES WHEREAS, MACP has applied for Site Plan approval to construct an office expansion, by an Ordinance approved by the City Council on October 21, 2014; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 25, 2014 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its September 16, 2014 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Margaret A. Cargill Philanthropies based on the Development Agreement between Rowland Shady Oak Properties LLC and the City of Eden Prairie, reviewed and approved by the City Council on October 21, 2014. ADOPTED by the City Council of the City of Eden Prairie this 21st day of October, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT MARGARET A. CARGILL PHILANTHROPIES (MACP) THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of October 21, 2014, by ROWLAND SHADY OAK PROPERTIES, LLC, a Minnesota limited liability company, hereinafter referred to as "Developer or Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 5.049 acres, Planned Unit Development District Review with waivers on 5.049 acres, Zoning District Amendment within the Office Zoning District on 5.049 acres, Site Plan Review on 5.049 acres, and Preliminary Plat of 5.049 acres into 1 lot, legally described on Exhibit A, attached hereto and incorporated herein(the "Property"); WHEREAS, Developer and City enter into this Development Agreement to set forth terms and conditions of the requested approvals. NOW, THEREFORE, in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Office Zoning District on 5.04 acres, Resolution No. for Site Plan Review and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated July 1, 2014, reviewed and approved by the City Council on September 16, 2014, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property, construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 3. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including reasonable attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 4. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 5. EXTERIOR MATERIALS: Prior to issuance of a building permit for the Property, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and color plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and 2 obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan ("SWPPP"). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins, "Stormwater Infiltration" or "Filtration Systems" (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults, sedimentation chambers, underground infiltration systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development pursuant to the Plans to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the Owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Property. Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm Water Manual" dated November 2005, the approved final grading plan and 3 the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment, vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall, prior to construction of the infiltration system, provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and (v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of 1/2 inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance shall be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual (November 2005) and/or the Plans. The System shall be kept off-line until construction is complete. C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit for the Property. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at 4 a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems; routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and said inspection should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin (including retention and detention basins) shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection, if a Stormwater Facility requires cleanout, the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of maintenance, the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include 5 inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets, parking lots or drive aisles at a minimum of once per year; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit for the Property, Developer shall submit to the City Engineer and obtain City Engineer's written approval of SWPPP for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on the Plans, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit for the Property, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 8. LANDSCAPE PLAN: Prior to issuance of a building permit for the Property, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 204 caliper inches. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. No later than July 31, 2016 Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of 6 mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of installation of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the installed screening does not meet the requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reinstall the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 11. PUBLIC STORM SEWER PLANS: Prior to the issuance by the City of any permit for the construction of public storm sewer for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for the public storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24x36 or 22x34 plan sheets designed to City specifications and standards. Prior to release of the final plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125% of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 12. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the Office Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD -PUD- - 1. A waiver from the maximum height requirement of 30 feet to 43 feet 5 inches to allow for an elevator and stair penthouse. 2. A waiver from the parking stall requirement of 426 on-site parking stalls to allow 170 parking stalls on-site. 13. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City 7 Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 14. SITE LIGHTING: Prior to issuance of a building permit for the Property, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 15. TRAVEL DEMAND MANAGEMENT PLAN: Prior to issuance of the building permit for the Property, Developer shall submit to the Traffic Engineer and receive the Traffic Engineer's approval of a Travel Demand Management (TDM) Plan. The Developer shall implement the TDM Plan at the site to help reduce traffic congestion. As part of the TDM Plan the Developer shall construct 2 shower facilities in the building, which will be available to all employees in the building. Prior to issuance of the building permit for the Property, Developer shall furnish to the Traffic Engineer and receive the Traffic Engineer's approval of a TDM performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to as the "Security") equal to 100% of the cost of implementing the first two (2) years of the approved TDM Plan, which cost is currently estimated as $20,000. The Developer shall initiate implementation of the TDM Plan, including active marketing to its employees and all building tenants and their employees, 3 months after a certificate of occupancy has been issued. The Security will be reduced to the Developer on a "draw-down" basis, in the following manner: A. Upon request and subject to full implementation of the TDM Plan, the City will reduce the Security at the following times - Upon completion of items associated with plan start up. - After 1 calendar year of TDM plan implementation B. After 2 calendar years of full TDM plan implementation and completion of plan evaluation,upon request the City will release the Security C. To request a reduction or release of the Security the Developer shall submit to the Traffic Engineer a letter requesting a reduction and a summary of the TDM activities 8 completed to date. A summary of the required information can be obtained from the Traffic Engineer upon request. D. The City shall have 30 business days to review requests for reduction or release of the Security and provide indication of approval or objection to any part of the request. If the Developer fails to implement the TDM plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 16. TREE LOSS - TREE REPLACEMENT: There are 354 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 222 diameter inches. Tree replacement required is 185 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 185 caliper inches. Prior to issuance of any grading permit for the Property, Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150% of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to issuance of any occupancy permit for the Property. 17. VACATION OF DRAINAGE AND UTILTIY EASEMENTS: Prior to issuance of an occupancy permit for the Property the Developer shall have City Council approval of a Resolution approving a vacation of drainage and utility easements as indicated in the Plans. 18. WETLAND PLAN: Prior to release of the land alteration permit for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Evaluation: If the Delineation or Buffer Reports identify any unacceptable vegetation or other conditions, the wetland and/or wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or "Landscaped") by the Developer within 90 days of submission of the Buffer Report or within 90 days after receipt of a wetland permit for wetland alteration. If the Wetland Plan is submitted after September 30th, the Landscaping must be completed by July 31, 2016. If Landscaping of the wetland and/or wetland buffer strip is required, the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip 9 vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Developer shall submit a Conservation Easement attached as Exhibit D, for review and written approval by the Environmental Coordinator, for the area delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install all wetland buffer strip monuments for the property prior to release of the first building permit for any portion of the Property. The Security referred to in paragraph E below shall include the cost for location, including surveying, and installation of the monuments. Wetland buffer strip monument locations shall be 10 shown on the final grading plan and final plat. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25" x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch (3" x 8"). The sign shall be mounted flush with the top of the post and shall include the statement "Conservation Easement: No Mowing Allowed" or "Conservation Easement: Vegetation Clearing Limit". The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to as the "Security") equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. F. Geothermal System Response Plan and Condition Monitoring: Prior to release of the first building permit for any portion of the Property a Response and Condition Monitoring Plan for the Geothermal System shall be submitted for review and written approval by the Environmental Coordinator. The Plan must include wetland hydrology monitoring for a minimum of 5 years after completion of construction to ensure that the Geothermal System is not impacting the health or condition of the wetland. The Response Plan must include at a minimum an emergency response cleanup plan for any spills or leaks and a plan for removal or abandonment of the system if the Owner of the property discontinues use of the Geothermal System. The plan must be approved by the Watershed District staff. The plan shall be effective for a minimum of 5 years after completion of that particular phase. 19. PRIOR DEVELOPMENT AGREEMENT: After filing of this Agreement with the Hennepin County Registrar of Tiles the City shall provide to Developer a termination of that certain unrecorded Developer's Agreement dated April 1, 1997 between the City of Eden Prairie and Albin Chapel as it relates to the Property. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to 11 be executed as of the day and year aforesaid. [signatures on following pages] 12 CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2014, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 13 ROWLAND SHADY OAK PROPERTIES, LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2014, by , the of Rowland Shady Oak Properties, LLC , a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 14 EXHIBIT A DEVELOPMENT AGREEMENT Legal Description Prior to Final Plat: Lots 1 & 2, Block 2, Shady Oak Business Center, Hennepin County, Minnesota Legal Description After Final Plat: Lot 1, Block 1, RSOP TWENTY FOURTEEN, Hennepin County, Minnesota 15 EXHIBIT B DEVELOPMENT AGREEMENT Preliminary Plat, stamp dated 6/30/2014 by Sambatek Existing Conditions Map dated 7/1/2014 by Gensler Existing Conditions and Removals Plan dated 7/31/2014 by Gensler Concept Plan/ Site & Street Plan dated 7/31/2014 by Gensler Grading and Drainage Plan dated 7/31/2014 by Gensler Utility Plan dated 7/31/2014 by Gensler Level P1 dated 7/1/2014 by Gensler Level 01 dated 7/1/2014 by Gensler Level 02 dated 7/1/2014 by Gensler Roof dated 7/1/2014 by Gensler Boundary&Existing Conditions Plan dated 7/1/2014 by Gensler Tree Preservation Plan dated 7/1/2014 by Gensler Wetland Plan dated 7/31/2014 by Gensler Elevations date stamped received by City of Eden Prairie July 31, 2014 by Gensler Civil Details dated 7/31/2014 by Gensler Civil Details dated 7/31/2014 by Gensler Erosion Control Plan dated 7/31/2014 by Gensler Level P1 Parking dated 7/1/2014 by Gensler Mechanical Site Plan dated 7/1/2014 by Gensler Site Layout Plan dated 7/1/2014 by Gensler Landscape Planting Plan dated 7/29/2014 by Gensler Landscape Details dated 7/1/2014 by Gensler Landscape Details dated 7/1/2014 by Gensler Landscape Details dated 7/1/2014 by Gensler Electrical Site Plan dated 7/1/2014 by Gensler Electrical Site Plan dated 7/1/2014 by Gensler Fixture Types dated 7/1/2014 by Gensler Fixture Types dated 7/1/2014 by Gensler Fixture Types dated 7/1/2014 by Gensler Cover Letter, 7 pages with 1 Page Appendix A: "Wetland Restoration and Maintenance" dated 7/1/2014 by Gensler 16 EXHIBIT C DEVELOPMENT AGREEMENT I. Prior to release of any building permit for the Property, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in fect as of the date of the issuance of ch building permit for construction on the Property. This provision is not applicable to this development. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property, the Developer, the Owners, and their respective successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. 17 B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That to Developer's actual knowledge, no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to the issuance of land alteration permit for the Property, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to 18 perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements on the Property, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to issuance of a building permit for the Property, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC). Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to issuance of a building permit for the Property, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to issuance of a building permit for the Property, Developer shall provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. 19 XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. No land alteration or building permits for the Property shall be issued until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the Development Agreement with Hennepin County Recorder's Office/Registrar of Titles' Office. 20 21 EXHIBIT D CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of , 2014 by and between Rowland Shady Oak Properties, LLC, a Minnesota Limited Liability Company, hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area", attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the "Easement Area", and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City, said consent not to be unreasonably withheld. The City will consider, and not unreasonably withhold its consent for, removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting, fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. No building, road, sign, billboard, utility, or other structures shall be placed in the Easement Area without the prior written consent of City, except that the City 22 agrees that the Grantor shall have the right to install, maintain, and remove equipment related to a geothermal system being installed for the benefit of the Property ("Geothermal System"). Plans for the Geothermal System (and any subsequent changes to the Geothermal System) shall be submitted to the City for approval, said approval not to be unreasonably withheld. In addition, certain drainage and utility easements (whether existing and relocated, or new) may be located in the Easement Area as a result of a planned development of the Property by Grantor, all as to be approved by the City. The plans for the Geothermal System and location of any easements within the Easement Area will be reviewed by the City in a timely manner. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. D. Subject to the provisions of Subsections A and B above, no change in the general topography of the Easement Area landscape, including, but not limited, to excavation, dredging, movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. E. Grantor may, no more than once per calendar year, remove sediment caused by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City, which said approval shall not be unreasonably withheld or delayed, and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. F. Grantor shall have the right to, at its sole cost, erect and maintain a sign in the Easement Area informing people that a geothermal system is located in the area and explaining said system and the benefits thereto. 3. With respect to the Easement Area, Grantor represents and warrants, to the best of its knowledge without independent investigation, as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used, employed, deposited, stored, disposed of, placed or otherwise knowingly allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantor has not knowingly allowed any other person to use, employ, deposit, 23 store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; Grantor agrees to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorneys' fees and costs that City reasonably incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to permanently demarcate the location of the boundaries of the wetland and wetland buffer strip as shown on Exhibit C. The monuments shall be permanent steel channel posts that are a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25" x 6.5'). The sign shall be a minimum of 3 inches by 8 inches (3" x 8") that shall be mounted flush with the top of the post and shall include the statement "Wetland Buffer: No Mowing Allowed or "Scenic/Conservation Easement Boundary, City of Eden Prairie". The post shall be mounted to a height of four feet above grade and at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is not allowed. 5. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 6. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns, unless terminated in writing executed by both City and Grantor(or their successors/assigns). 7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 8. Provisions of this Easement shall be binding upon and enforceable against the Property, the Grantor and City, and their successors and assigns of the Property. [NEXT PAGE IS THE SIGNATURE PAGE] . 24 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY: City of Eden Prairie, a Minnesota municipal corporation By: Nancy Tyra-Lukens Its Mayor By: Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2014, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 25 GRANTOR: Rowland Shady Oak Properties, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2014, by , the of Rowland Shady Oak Properties, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 019674-314001/1871610 3 26 CITY COUNCIL AGENDA DATE: October 21, 2014 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Telecommunications—T-Mobile — Development/Planning Lease Amendment No. 1 at the 7401 Janet Jeremiah/Steve Durham Dell Road Water Tower Requested Action Move to: • Adopt the Resolution approving Amendment No. 1 to the Dell Road Water Tower- License Agreement; and • Execute a lease amendment. Synopsis T-Mobile requests to increase the number of antenna permitted on the Dell Road Water Tower from nine (9)to twelve (12). This will require an amendment to the existing lease. The City has satisfactory altered the lease fees to reflect the additional antenna. The Director of Public Works is in agreement with this request. Background The City entered into a Lease Agreement with APT Minneapolis on April 15, 1997. The term of lease agreement is for 20 years. The lease expires on April 15, 2017. The original lease permitted nine (9) telecommunication antennas. The City has had no issue with the current lease. Recommendation The Director of Public Works would recommend approval of the extension of the lease agreement. Attachments 1. Resolution 2. Amendment No.1 to License Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION GRANTING AN ALTERATION TO THE NUMBER OF ANTENNA TO AN EXISTING TELECOMMUNICATION LICENSE AGREEMENT WHEREAS, T-Mobile has applied for an alteration to an existing executed License Agreement between the City of Eden Prairie and APT Minneapolis, Inc., dated April 15, 1997, and increase the number of antenna on the Dell Road Water Tower. WHEREAS, The City of Eden Prairie and T-Mobile agree to in increase in the number of antenna from nine (9) to twelve (12) along with associated fee increase. WHEREAS, the City Council has reviewed said request and amendment at a public meeting on October 21, 2014. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that Amendment No. 1 to the License between the City of Eden Prairie and APT Minneapolis dated April 15, 1997 is approved and the Mayor and City Manager are authorized to execute the Amendment. ADOPTED by the City Council of the City of Eden Prairie this 21st day of October, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk AMENDMENT NO. 1 TO LEASE AGREEMENT Dell Road Water Tower This Amendment No. 1 to Lease Agreement ("Amendment") is between the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, Minnesota, 55344, a Minnesota municipal corporation, hereinafter referred to as "Landlord," and T-Mobile Central LLC, a Delaware limited liability company, as successor in interest to APT Minneapolis, Inc., with its principal offices located at 12920 SE 38th Street, Bellevue, WA 98006, hereinafter referred to as "Tenant." Landlord and Tenant are referred to collectively herein as the"Parties". RECITALS: A. Landlord and Tenant are parties to a Lease Agreement dated April 15, 1997 (the "Agreement". The Agreement currently permits 9 antennae to be located the Property. B. Landlord and Tenant desire to increase the permitted number of antennae to 12 and to increase the rent for the additional antennae. NOW,THEREFORE, the Parties agree as follows: 1. Antennae. Section 4 entitled "Tenant's Use" subsection (a) is hereby amended by deleting the number"nine (9)" and replacing it with the number"twelve (12)". 2. Rent. Section 19 entitled "Extended Terms" subsection (c) is hereby amended by deleting it in its entirely and replacing it with the following: (c) Third Extended Term Year 16 $24,947.14 Year 17 $26,194.50 Year 18 $29,305.28 Year 19 $30,700.00 Year 20 $32,235.00 3. Current Year Rent. The current year's rent shall be prorated. For the current year's rent, Tenant shall pay to Landlord the rent required by the Agreement up to the date of the installation of the new antennae and the rent required by this Amendment from the date of installation through the end of Year 18. 4. Ratification. Except as specifically modified by this Amendment, the parties agree that all of the terms and conditions of the Agreement are in full force and effect and remain unmodified, and the parties hereby ratify and reaffirm the terms and conditions of the Agreement and agree to perform and comply with the same. In the event of a conflict between any term or provision of the Agreement and this Amendment, the terms and provisions of this Amendment shall control. In addition, except as otherwise stated in %rr this Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Agreement. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment. Signatures on following page The remainder of this page intentionally left blank tE fifi IN WITNESS WHEREOF,the parties hereto have set their hands and affixed their respective seals the day and year written below. LANDLORD CITY OF EDEN PRAIRIE fi Date: , 2014 By: Its: Mayor By: Its: Manager Taxpayer I.D. #41-0855460 Tenant T-Mobile Central, LLC Date:OCh b zr 10 , 2014 By: i4c - Name: Hossein Sepe Its: Area Director,Network Engineering and Operations 1 i GRANTOR ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 1 The foregoing instrument was acknowledged before me this day of , 2014, by and , respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public GRANTEE ACKNOWLEDGEMENT STATE OF iM'" ) rr II lPes COUNTY OFf', I ) On this lel day of Cr, __ , 2014, before me, the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, per onally appeared � eii S-e��eh _K , to me known to be the ire C '( of j� ' La , that executed the foregoing ins rument, and acknowledged said instrume�to lie the free and \Ve '1 j voluntary act and deed of ( ( V5 I i jc j , for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 70e ___c7ineek- ,, . �, SUSAN�MAE STREETS Print or Type Name::a)c� YIE' P, - Notary Public NotaryPublic.in and for the State of�/4/1,/ i 5 Minnesota -�/ My commission Expires 1/31/2015 My appointment expires: /_3/ '9d JI/ I CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Community Professional Services Agreement with Development/Planning Bluestem Heritage Group to produce 4 Janet Jeremiah/Lori Creamer interpretive signs and kiosk stand Requested Action Move to: Approve the Professional Services Agreement with Bluestem Heritage Group to research, write, design and fabricate four outdoor interpretive panels and construct a four-sided wooden kiosk structure at the Riley-Jacques Farmstead, in the amount of$27,850. Synopsis In July of 2014, the City of Eden Prairie received $13,925 from the MN Historical Society Certified Local Government grant fund. The City is responsible for providing a$13,925 cash match, making the total cost of the project $27,850. The grant will be used to hire a consultant, Bluestem Heritage Group, to research, write, design and fabricate four outdoor interpretive panels and construct a four-sided wooden kiosk structure at the Riley-Jacques Farmstead. The consultant will engage in discussion of the proposed design and construction with the Heritage Preservation Commission throughout the process. Background Information The Certified Local Government grant program is a funding resource provided by the MN Historical Society to help local Heritage Preservation programs provide education, local designations and other projects deemed appropriate through certain criteria. In 2013 the City was awarded two additional grants totaling $20,000.00 and has worked with Bluestem Heritage Group on previous grant projects successfully. Attachment Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 21st day of October 2014, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Bluestem Heritage Group, a Minnesota Company (hereinafter "Consultant") whose business address is 857 Great Oaks Trail, Attn: Nancy O'Brien Wagner, St. Paul, MN 55123. 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 Contract is to set forth the terms and conditions for the provision of goods and/or services by Consultant for researching the history, significance and preservation of the Dorenkemper House and the Riley-Jacques farm and their context in Eden Prairie and to create four interpretive panels and construct a four-sided wooden display kiosk suitable for installation at the site 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. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by July 15, 2015. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $27,000 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 shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate the type of work/function, job title, the number of hours worked, and the billing rate for each type of work. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit C, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit C performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." Standard Agreement for Professional Services 2014.01 Page 2 of 8 6. Project Manager and Staffing. The Consultant has designated Nancy O'Brien Wagner to serve on the Project. She shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. 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 Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any Standard Agreement for Professional Services 2014.01 Page 3 of 8 part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 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 shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,500,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. 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. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision Standard Agreement for Professional Services 2014.01 Page 4 of 8 of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Standard Agreement for Professional Services 2014.01 Page 5 of 8 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 26. Grant Compliance. City has received a grant from the Minnesota Historical Society for the Work, attached hereto as Exhibit B (hereinafter the "Grant"). City is required to comply with the terms and conditions of the Grant. Contractor agrees to comply with the terms and conditions of the Grant, including but not limited to Section II Assurances, to the extent the terms and conditions apply to the Contractor's work under this Agreement Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: Standard Agreement for Professional Services 2014.01 Page 6 of 8 Exhibit A— Scope of Work Project Scope and Products The project scope will include the background research and documentation necessary to plan, write, design and fabricate four outdoor interpretive panels and the construction of a four-sided wooden kiosk structure with a metal roof The contract professional will provide HPC with relevant research file(s) related to panel themes agreed upon with the HPC, text for panels, and graphics for panels. Contract graphic artist will provide HPC with design lay-out for panels in an agreed-upon format. Final products will be: • Four 36"x48" interpretive panels featuring custom high pressure laminate graphics. Panel design will be National Parks-style, similar to the ones which have been recently installed at the site. • Wooden kiosks stand to display interpretive panels at the farm site. • Two CD's, or similar format, containing the final product interpretive panels files for future use. The contract professional is also expected to provide the following services: • Participate in meetings with City staff and HPC as needed. There is an expectation that some collaborative meetings with the City's Parks and Recreation staff may be needed. • Provide City with monthly progress updates. Standard Agreement for Professional Services 2014.01 Page 7 of 8 Exhibit B — Grant Standard Agreement for Professional Services 2014.01 Page 8 of 8 qcbgs')S.° MINNESOTA HISTORICAL SOCIETY CERTIFIED LOCAL GOVERNMENT GRANT AGREEMENT ACCOUNT NO. FISCAL YEAR OBJECT CODE FEDERAL PROJECT NO. DOLLAR AMOUNT 00284 5260 27-14-61930.002 $13,925 grant $13,925 match This Agreement is made by and between the Minnesota Historical Society hereinafter called the Society), and the City of Eden Prairie (hereinafter called the City), pursuant to authority granted by the National Historic Preservation Act of 1966, as amended. WHEREAS, pursuant to the Act, the Society has been allocated funds by the United States Department of the Interior for use by Certified Local Governments for qualifying historic preservation activities; and WHEREAS, the City has applied for and been granted Certified Local Government Status and has made application for Certified Local Government funds to be utilized in carrying out the project described in Attachment A of this Agreement, NOW, THEREFORE, in consideration of and in reliance upon the mutual covenants and agreements contained herein, the parties hereto do covenant and agree, each for themselves and their respective successors and assigns, to carry out the project under the following provisions. I. PROJECT DESCRIPTION A. The Project Time Period, Work Summary, Photograph Guidelines (where applicable), Consultations and Progress Reports, Final Products, Project Director's Report, Project Budget, and Reimbursement Schedule are described in the Project Description, Attachment A, which is attached hereto and made a part hereof. B. The City agrees the project will be carried out as described in the Project Description, unless modified pursuant to the provisions of Section V of this contract. C. The Society will reimburse the City for the budget costs identified as Historic Preservation Fund (HPF) federal dollars in the Project Description, following submittal of materials as described in Section III of this Agreement. Final products which do not conform to the terms and conditions of this Agreement or which do not meet the applicable Secretary of the Interior's Standards will not be reimbursed. II. ASSURANCES A. The City assures that all work carried out on this project will conform to the Secretary of the Interior's Standards for Archaeology and Historic Preservation (as published in the Federal Register of September 29, 1983) and that the project personnel meet the Secretary of the Interior's Professional Qualifications Standards (as published in the Federal Register of September 29, 1983) as stipulated in the Project Description. B. The City assures that this project will be administered and conducted in accordance with the following: 1. OMB Circular A-87 "Cost Principles Applicable to Grants and Contracts with State and Local Government" and OMB Circular A-102 (revised) "Uniform Requirements for Assistance to State and Local Governments." 2. Department of the Interior regulations 43 CFR Part 12, Subpart C- "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." a. In addition to the requirements of these regulations the City will allow a minimum of two weeks between the date bid solicitations are published and the date bidders must respond; and allow eighteen calendar days between the date invitations are mailed to potential bidders and the date bidders must respond. 3. Public Law 101-517,Title V, Section 511, states: When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds, including but not limited to State and local governments, shall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be furnished by nongovernmental sources. 4. The "Single Audit Act of 1984." 5. Historic Preservation Fund (HPF) Grants Manual (previously known as National Register Programs Guideline NPS-49). C. The City acknowledges that this project is being supported, in part, with funds from the United States Department of the Interior. As a condition of receiving such funds, the City assures compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. The City also agrees as follows: In the hiring of common or skilled labor for the performance of any work hereunder, no contractor, material supplier or vendor shall, by reason of race, creed or color, discriminate against any person or persons who are citizens of the United States, or Page 2 resident aliens,who are qualified and available to perform the work to which the employment relates. No contractor, material supplier or vendor shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in the preceding paragraph, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed or color. The violation of this section is a misdemeanor pursuant to Minnesota Statutes. This Agreement may be canceled or terminated by the Society, and all money due, or to become due hereunder may be forfeited for a second or any subsequent violation of the terms of this section. D. The City will indemnify and save and hold the Society and the Department of the Interior harmless from any and all claims or causes of action arising from the performance of this project by the City. E. The City agrees to make repayment of grant funds to the Society if terms and conditions of this Agreement are not followed or costs claimed are subsequently disallowed. F. The City, in accordance with provisions of 18 USC 1913 regarding lobbying, assures that no part of grant budget will be used directly or indirectly or to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device intended or designed to influence in any manner a member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation. This shall not prevent communicating to members of Congress on the request of any member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. G. The City agrees any publications, studies, reports, presentations,films, audio visual materials, exhibits, or other material prepared with grant assistance will contain an acknowledgment of HPF grant funds and nondiscrimination policy as follows: "The activity that is the subject of this (type of publication) has been financed (in part/entirely) with.Federal funds from the National Park Service, U. S. Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. Page 3 "This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, the U. S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, or disability in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office for Equal Opportunity, U. S. Department of the Interior, National Park Service, 1849 C St., NW, Washington, D.C. 20240." H. The City assures that transferred federal monies will not be applied as part of the matching (applicant) share, and that monies used as match on other federal grants will not be used as matching (applicant) share on this project. The City agrees not to contract with any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, Debarment and Suspension. Current lists of such parties are on file in the Society's Grants Office and are available for review by the City. As a condition of this Agreement, the City shall complete and execute the attached Certification Regarding Debarment, Suspension, and other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying (see page 7-9). III. REIMBURSEMENT PROCEDURES A. Payments under this Agreement will be made on a reimbursable basis according to the schedule included in the Project Description (see Attachment A). All supporting fiscal documentation must be submitted prior to reimbursement. B. A Request for Reimbursement must include the following: 1 Request for Reimbursement Form (see Attachment B). An electronic version of the form can be found on the Society's website at: http://www.mnhs.org/legacy/grants/docs pdfs/reimbursment form.pdf 2. Supporting fiscal documentation for all project costs during the period covered by the request, including both federally funded items and applicant match items. Fiscal documentation shall include acceptable types of documentation such as: 1. copies of In-Kind (GRANTEE personnel) and/or Donated Services (volunteer) timesheets; 2. copies of Value of Donated Supplies and Materials form; 3. copies of invoices; and 4. copies of cancelled checks (See Attachment C for Information on Allowable Costs.) 3. If project work begins prior to September 30, and the City wishes to claim these costs, a Request for Reimbursement must be submitted at the end of the federal fiscal year. Applicant match must be equal to, or may exceed, the federal funds requested as of September 30 (also see Reimbursement Schedule of Attachment A). Page 4 4. The final report including final products. These must be completed and submitted electronically in the SOCIETYS Grants Portal (https://mnhs.fluxx.io). (see Attachment A) C. Request for Reimbursement Form with supporting documentation should be uploaded to the Society's website with the final report and final products. D. When both the financial documentation and the product documentation has been found to be acceptable by the Society, funds will be requested from the Department of the Interior and will be forwarded to the City when the funds have been received by the Society. IV. AUDIT The City must submit a copy of all audited financial statements completed pursuant to OMB Circular A-133 for all fiscal years which include the project period. These must be submitted to Monica Zarembski, Minnesota Historical Society, Finance Office, 345 Kellogg Boulevard West, Saint Paul, Minnesota 55102-1906, within 120 days of their completion. V. AMENDMENTS AND CANCELLATION A. Amendments 1. Any significant variations from the approved work summary, products, budget, and performance/reporting milestones described in Attachment A which are experienced or anticipated during the course of the project and any significant problems, delays, or adverse conditions which materially affect planned performance should be submitted in writing to Mandy Skypala, Minnesota Historical Society, Grants Office, 345 Kellogg Boulevard West, Saint Paul, Minnesota, 55102-1906. The Society will respond in writing, either approving or not approving the changes, and may amend the contract if deemed necessary. The City is aware that some changes may require approval by the National Park Service and agrees to submit any necessary changes as early as possible during the project period. Variations which are not known until the conclusion of the project may be submitted with the final Request for Reimbursement; however, the City understands that costs may be disallowed if changes are not approved. 2. If any part of the budgeted federal grant funds will not be used, the City must notify the Society at least sixty(60) days before the project's ending date. Failure of the City to notify the Society may result in the loss of federal funds to the state, and may have an adverse effect on future applications for CLG funds by the City. B. Cancellation. The Society reserves the right of termination for cause on a thirty (30) day notice should it be determined that the City has failed to materially comply with the terms and conditions of this Agreement. This Agreement may Page 5 also be terminated when both parties agree that the project will not produce beneficial results commensurate with further expenditure of funds or because of circumstances beyond the control of the Society and/or the City. In the event of termination, the City may be reimbursed for eligible expenses incurred prior to termination or by a negotiated settlement. Once this Agreement is signed, it controls all activities during the project time period. IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed on the date(s) indicated below intending to be bound thereby. Minnesota Historical Society City of Eden Prairie 345 Kellogg Boulevard West 8080 Mitchell Saint Paul, Minnesota 55102 Eden Prairie, Minnesota 55344 oil z_dy_,/ tf\k/I „, ,, /////t--( D. Stephen Elliott, Direc or a CEO (date) signature (authorized official) (date) and State Historic Preservation Officer ?i uC 6€71-schOU0 i C' Man n a jer (print name and title) 51,1 -----A —L00.,—t-:\ to i 2-Lt.12 b(41-- Ait' Barbara Mitchell Howard (date) signature (project director) dat ) Deputy State Historic Preservation Officer ke ''Isx sii ' ds,_,- Tif- - 7,7 vii(itk ea i _, , /---) 70 (- Mary Gree To (date) Acting Contracting Officer Page 6 Attachment A: City of Eden Prairie Federal Grant No: 27-14-61930.002 PROJECT DESCRIPTION City(CLG): City of Eden Prairie • Federal Grant No: 27-14-61930.002 Grant Time Period: July 1, 2014 to July 31, 2015 . j Work Summary:The purpose of this project is to produce four 36" x 48" interpretive panels and construct a four-sided outdoor kiosk at the City-owned Riley-Jacques Farmstead, which is a locally- designated heritage preservation site. The project will be accomplished under the supervision of • personnel meeting the Secretary of the Interior's Professional Qualifications Standards. Consultations and Progress Reports: 1. The CITY will inform the SOCIETY'S Grants Office of the name and qualifications of the historian, architectural historian, or historical architect with whom it has contracted within fifteen (15) days of the contract's execution. The CITY will at the same time provide a copy of the contract and a complete report on the procurement process demonstrating compliance with Federal competitive procurement requirements. (See II. ASSURANCES, item B, CLG Agreement, and Part VI of 2014 CLG Grants Manual.) 2. The CITY will submit a brief Monthly Progress Report(See 2014 CLG Grants Manual - Attachment F.) to the SOCIETY'S Grants Office by the 15th of each month for the duration of the project period. Product submittals will accompany the monthly reports as specified below. 3. By September, 2014, the CITY will submit an initial draft of the text for each of the panels and kiosk to the SOCIETY'S Grants Office. 4. By November, 2014,the CITY will submit a final draft of the text for each of the panels and kiosk to the SOCIETY'S Grants Office. 5. By January, 2015,the CITY will submit the preliminary layout for each of the panels and kiosk to the SOCIETY'S Grants Office. • 6. By February, 2015, CITY will submit the final layout for each of the panels and kiosk to the SOCIETY'S Grants Office. 7. The SOCIETY may request other written progress reports and on-site reviews of project progress, as necessary. Final Products and Report:The final report must be completed electronically in the Minnesota Historical Society's Grants Portal(https://mnhs.fluxx.io). Items to be uploaded with the final report are: Attachment A: City of Eden Prairie Federal Grant No: 27-14-61930.002 • 1. An electronic copy of the final camera-ready versions of each of the panels and kiosk as well as a photograph of each of the signs. 2. Request for Reimbursement Form with supporting documentation. (see Part III of the CLG Agreement). The form can be found in the portal or on the SOCIETY's website at: http://www.mnhs.org/legacy/grants/docs_pdfs/reimbursment form.pdf Project Budget: Budget Items Grant Match: Match: Total Cash In-Kind Match — i Contract Principal: Production management and $600 $600 1 $600 ;delivery: 15 hours @ $80.00 per hour ++Panel display kiosk: Construction, plans, and p installation $6,625 1 $6,625 $6,625 Contract historian: Interpretive theme planning, writing, revisions, editing: 70 hours @ $80.00 per $2,800 $2,800 $2,800 hour [Panel fabrication and shipping: Four (4) at 36" x 48" $1,300 $1,300 $1,300 Contract graphic art specialist: panel layout and art file preparation $2,000 $2,000 $2,000 Contract historian: Historical research, 20 hours @ $60.00 per hour $600 $600 $600 Total: r$13,925 $13,925 $0 $13,925 Reimbursement Schedule: The CITY will be reimbursed, in total amount not to exceed $13925, for the actual amounts expended under the federal (HPF) portion of the budget. The CITY must submit a Request for Reimbursement Form along with appropriate fiscal documentation, Final Products, and Project Director's Report to the SOCIETY'S Grants Office no later than August 15, 2015. All project work must be completed no later than July 31, 2015. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Stuart Fox, Parks and Natural Professional Services Agreement for Resources Manager, Parks and Deer Management Program Recreation Motion Move to: Approve the Standard Agreement for Professional Services for the 2014 Deer Management Program with White Buffalo, Inc. at a cost not to exceed $50,400. Synopsis Ryan Rodts, Wildlife Biologist on behalf of Dr. Anthony DeNicola of White Buffalo, Inc. has provided a Professional Services Proposal that addresses the City's request for the 2012 reduction of white-tailed deer as outlined in the Deer Management Plan. His proposal includes field site selection, site preparation,baiting and bait monitoring, sharpshooting services, carcass removal and transportation to a meat processor. Recommendation White Buffalo, Inc. has been the professional consultant performing the city's deer reduction work since 1997. Their technical knowledge of urban deer population control methods,public professionalism and sharpshooting expertise has been exceptional. They are viewed as a national leader in the safe and humane removal of urban deer. Their proposal is in line with our budget estimate and staff recommends approval of this agreement. Attachment Standard Agreement for Professional Services Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 21st day of October, 2014, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and White Buffalo, Inc., a Connecticut based 501 (c) (3) nonprofit wildlife management and research organization (hereinafter "Consultant") whose business address is 26 Davison Rd., Moodus, CT, 06469. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the 2014 Deer Management Program 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 (Eden Prairie Deer Management Program) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from November 10, 2014 through December 31, 2014 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 $50,400 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. Standard Agreement for Professional Services 2014.04 Page 2 of 9 D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Ryan Rodts to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. 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 Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the Standard Agreement for Professional Services 2014.04 Page 3 of 9 performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 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 shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily 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 Standard Agreement for Professional Services 2014.04 Page 4 of 9 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. Standard Agreement for Professional Services 2014.04 Page 5 of 9 n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. 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 Standard Agreement for Professional Services 2014.04 Page 6 of 9 omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. 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. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Standard Agreement for Professional Services 2014.04 Page 7 of 9 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 9 EXHIBIT A Scope of Services 2014 Deer Management Program BETWEEN: CITY OF EDEN PRAIRIE - and WHITE BUFFALO, INC. EFFECTIVE: November 10, 2014 Estimated Completion Date: December 31, 2014 SERVICES: WHITE BUFFALO, INC. shall perform the following: • Deer Reduction - Management Field Operations including: Field site selection, Site preparation, Site baiting, Sharpshooting of 120 white tailed deer, Carcass removal and Transportation to a selected meat processor. • The City will secure the necessary Special Permit for White-tailed Deer Harvest and Disposition from the State of Minnesota - Department of Natural Resources (MN DNR), Wildlife Section for this operation. • White Buffalo, Inc. agrees to follow the terms of the MN DNR Permit while conducting their services. • Deer Reduction Services are expected to take approximately 15 days at a cost of $50,400. Standard Agreement for Professional Services 2014.04 Page 9 of 9 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Stuart Fox, Parks and Natural Professional Services Agreement with HTPO Resources Manager, Parks and for Design Phase Services for Cedar Hills Recreation Park Motion Move to: Approve the Standard Agreement for Professional Services proposal from HTPO for Design Phase Services for Cedar Hills Park at a cost not to exceed$92,000. Synopsis Laurie Johnson of Hansen, Thorp, Pellinen and Olson Inc. has provided a Scope of Services proposal that addresses the City's request for an existing conditions survey, master planning process, construction documents, bid administration and reimbursables for the Phase One construction of Cedar Hills Park. Their proposal for the project estimate work with a not to exceed cost of$92,000. Background This project is the construction of a neighborhood park on the MAC property adjacent to Eden Prairie Road and Riley Creek. This park location was selected in 2002 and the terms of development and use negotiated when Flying Cloud Airport was expanded. This are is undergoing rapid housing development and will serve the new residents of the area. Recommendation The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services HTPO Scope of Service Proposal Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 21st day of October, 2014, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, Hansen, Thorp, Pellinen, Olson, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Design Phase Services for Cedar Hills Park 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 (Existing Conditions Survey, Master Planning, Construction Documents for Phase One, Bid Administration and Reimbursables) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from October 21, 2014 through the completion of the project 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 $ 92,000.00 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 shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of Standard Agreement for Professional Services 2014.01 Page 2 of 9 perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and other Consultant Staff to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. 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 Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest Standard Agreement for Professional Services 2014.01 Page 3 of 9 to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 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 shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in Standard Agreement for Professional Services 2014.01 Page 4 of 9 a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the Standard Agreement for Professional Services 2014.01 Page 5 of 9 required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. 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 Standard Agreement for Professional Services 2014.01 Page 6 of 9 party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Standard Agreement for Professional Services 2014.01 Page 7 of 9 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: Standard Agreement for Professional Services 2014.01 Page 8 of 9 EXHIBIT A SCOPE OF SERVICES Existing Conditions Survey, Wetland Delineation and Soil Borings: $25,500 Survey includes grades and verification of significant trees and visible utilities. Identification of the wetland areas and soil borings for bridge footings Master for a 40 acre site: $17,500 Coordination of planning meetings with city staff, two meetings with adjacent property owners and two meeting with the Parks, Recreation and Natural Resources Commission. Preparation of up to three master plan drawings and cost estimate for the preferred plan. Plan design will include site features, grading and storm water management. Construction Documents for Phase One Improvements: $45,500 Plans and specifications for the park development south of Riley Creek and a bituminous trail connection to Shetland Road. Plans to include site grading, wetland mitigation plan, drainage, Stormwater Pollution Protection Plan (SWPP), engineers estimate and application for needed permits. Plan will assume that irrigation, bridge and play areas will be design build under a separate contract. Bid Administration: $1,500 Includes plan distribution, answering contractor questions, preparation of bid tab and letter of recommendation. Reimbursables: $2,000 Total: $92,000 Standard Agreement for Professional Services 2014.01 Page 9 of 9 117 Engineering Surveying 71 id) Landscape Architecture October 14, 2014 Mr.Jay Lottharnmer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Cedar Hills Park Dear Jay, Per our recent meeting,we are providing an estimate for design phase services for your consideration for Cedar Hills Park. Estimate Scope of Service S 25,500 Existing Conditions Survey,Wetland Delineation, and Soil Borings. Existing conditions survey will be a compilation of previous survey information,City LIDAR and GIS data,field verification in proposed phase one impact areas,utility locates and record drawings, Includes boundary computations,location/identification of significant trees in proposed phase one impact areas,wetland delineations by Kjolhaug Environmental Services, two soil borings for bridge footings and two infiltration tests by Braun lntertec, and utility locates through Gopher State One Call. S 17,500 Master Planning for 40 acre site. Includes coordination meetings with City staff, two meetings with adjacent property owners, two meetings with Parks, Recreation and Natural Resources Commission; preparation of up to three concept options, and preparation of master plan drawing and cost estimate for preferred option. 7510 Market Place Drive Master plan drawing will include site Eden Prairie. MN 55344 features,site grading,stormwater 952 829 0700 management,and proposed water main, 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. Lotthammer/Johnson October 14,2014 Page 2 $45,500 Construction Documents for Phase One Improvements(improvements south of Riley Creek and trail extension to Shetland Road). Includes site plan,grading plan,wetland mitigation plan,stormwater management,erosion control,storm sewer. watermain,Stormwater Pollution Prevention Plan(SWPPP), plan/profile drawings for trail,bridge footing design by Clark Engineering,conceptual irrigation plan,specifications,engineers estimate and assistance with MPCA Stormwater, Watershed District,State Wetland and MAC/FAA permit applications and submittals. Assumes that irrigation will be design-build, that bridge for creek crossing will be a prefabricated steel bridge,and that playground equipment will be design-build under a separate contract. $ 1,500 Bid Administration. Includes plan distribution,answering contractors questions, preparation bid tabulation and letter of recommendation. $ 2,000 Reimbursables $92,000 TOTAL Assumes that sanitary sewer and lighting will not be included in the project scope. Fees for construction phase services have not been included in the above estimates. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing,courier, postage,and other out-of- house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Lottharnmer/Johnson October 14,2014 Page 3 We are excited for this opportunity to expand Eden Prairie's park system and look forward to working with you on this project. Sincerely, Hansen Thorp Pellinen Olson, Inc. !ter Laurie k Johnson, P.E. Principal 1 I I Engineering • Surveying HOURLY BUDGET &SCHEDULE -711 Landscape Architecture Project Cedar Hills Park Client City of Eden Prairie Date 10/14/2014 Job No. HOURS BILLING RATE TOTALS TASK PHASE: CATEGORY DATE 100 SURVEY Proposed Fee Field-topo,trees,utilities 40 Crew 170 6,800 513,500-Field-wetlands 13 Crew 1 1 5.5 924 Stake soil boring locations 4 Crew 170 680� Draft 20 Sun III 125 2,500 Computations/Supervision - 13 Sun.IV 141 1,872 Project Management 4 Eng V —157 628 Billable Total $13,404 200 MASTER PLANNING Proposed Fee Set up Project Files Eng 1 86 0 517500 Project Management,Coordination 4 Eng V 157 62$ Gathering Information(as-builts,plats, LIDAR topo,etc.) 4 Eng I 86 341 Site Visit 4 LA II1/Eng V 141 564 Preliminary Site Layout Options 16 LA III 125 2,000 Site plan 16 LA III 125 2,000y Grading Plan 16 LA III 125 2,000' Stormwater Management 16 Eng I 86 1,376 Watermain 8 Eng 1 86 65$ Quantities 12 LA III/Eng I 105.5' 1,266� Check Quantities 4 Tech V 125 500 Cost Estimate 6 Eng 1 86 516 Meeting prep/color schematics 8 LA III 1251 1,000 Meetings with property owners,Commissii 20 Eng V/LA III 141! 2,820� . Meetings with Client 6 Eng V/LA III 141 846' PE Review 41 Eng V 157 628 QC Review �2 Eng III 12,5 250 Billable Total S17,426 250 CONSTRUCTION PLANS-Phase I Proposed Fee Project Management,Coordination 8 Eng V 157 1,256 $28,000 Site visit 2 Eng I1 106 212' . - Site Plan 24 Eng It 106 2,544 Grading Plan 24 Eng II 106 2,544 Wetland Mitigation Plan 10 Eng II 106 I,060 Utility Plan 16 Eng it 106 1,696. . — -- Stormwater management comps 16 Eng I 86 1,376 Erosion Control/SWPPP 16 Eng II 106 1,696 Concept Irrigation Plan 16 Eng II 1t 1,696 Plan/Profile Sheets for Trail 80 Eng II 102 8,160 Cover Sheet 4 Eng I 86 344 Details 20 Eng I 86 1,720 Meetings with Client 6 Eng I/E'ng V/LA III 118 708 PE Review/Supervision 8 Eng V 157 1,256 -LA Review 4 LA 111 125 500 Field Check of Existing Conditions 4 Eng II 106 424 Send Plans to Private Utility Companies 1 Eng 1 86 86 QC Review 6 Eng III/Tech IV 114 684 Billable Total $27,962 C 1 ty of Eden Prairie Cedar Hills Paris page 1 of 2 10/14/2014 SPECIFICATIONS and ENGINEER'S ESTIMATE-Phase 1 250 Cover 1 Eng II 106 106 Proposed Fee _Table of Contents Eng lI 106 0 56,000 Certification Eng II 106 0 Ad for Bids 2 Eng II 106 212 Special Conditions 16 Eng II __ 106 1,696 Final Quantities and Costs 16 Eng II 106 1,6% Check Quantities 6 Tech IV 112 672� Bid Summary and Signature Sheets Eng II 106 0 Appendix(soil borings, permit Eng II 106 0 Typing Clerical1 62 0 Check Typing Eng 11 106 0 PE Review 4 Eng V 157 628 LA Review 4 LA 111 125 500 -. — QC Review Eng 11[ 125 0 Printing&binding 4 Clerical I 62 248_ Check printed books _ 2 Eng 11 106 - - 212 Billable Total S5,970 PERMITS-Phase I 250 Health Department Watermain Extension Eng!! 1061 0 Proposed Fee PCA Sanitary Sewer Extension(cc:MCES) Eng 1I 106 0' $4,000 DICES Sanitary Connection Eng II 106 0 PCA Stormwater 4 Eng II 106 424 Watershed 9 f.ng II 106. 954 DNR 4 Eng II 106 424' .-- Corp of Engineers En?,II 106 0 State Wetland Act(LGU) 8 Eng II 106 848 MAC/FAA 8 Eng 11 106. 848 State Eng_ll 106 0 County Eng II 106 0 Williams pipeline 4 Eng II _ 106 424 Billable Total $3,922 BID ADMINISTRATION 490 Qwest CDN posting 2 Eng II I06 212 Proposed Fee Bidder questions 6 Eng II _ 106 636 51,500 Bid Opening 2 Eng II 106 212 Prepare Bid Tabulation,Rec.Letter 4 Eng II 106 42.4 Billable Total 51,484 Kjolhaug-Wetland Delineations 53,500 Braun-Soil borings includes$2000 for excavator 58500 Clark-Bridge Footings 57,500 Expenses&Reimbursables $2,000 Project Total 570,168 Raw Total — - 592,000 City of Eden Prairie Cedar Mils Park page 2 of 2 10/14/2014 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Administration/Human Benefits Broker Service Agreement and Resources Business Associate Agreement Alecia Rose, HR Manager Requested Action Move to: Approve professional services agreement and business associate agreement with Arthur J. Gallagher& Co. for employee benefit consulting services. Synopsis The City provides comprehensive benefits to approximately 270 full time employees. Another 30 employees of Southwest Transit are also covered under the City's health and dental insurance plans. The City employs the services of a consulting firm/insurance agent to assist our Human Resources Division with the technical aspects of employee benefits. The consulting firm coordinates the insurance renewal and bidding processes, provides benefit plan design analysis and advice, assists with open enrollment, and responds to technical benefit questions. After several years with the same firm, the City recently conducted a Request for Proposal (RFP) for benefit consulting services. The City received five responses and interviewed four firms. Of the four firms, Arthur J. Gallagher& Co. offered best match of services and experience. Arthur J. Gallagher& Co. has extensive experience working with public sector groups and currently provides services to Edina, Apple Valley, and the League of Minnesota Cities, amongst others. Attachments • Professional Services Agreement • Exhibits A and B • Business Associate Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the day of October, 2014, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Gallagher Benefit Services, Inc., a Delaware Corporation (hereinafter "Consultant") whose business address is 3600 American Blvd. West, Suite 500, Bloomington, MN 55431. 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 Employee Benefit Consulting 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. The terms of this Agreement shall take precedence over any provisions of the Consultant's proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from July 1, 2014 ("Effective Date") through June 30, 2015 the date of signature by the parties notwithstanding. The Term will be automatically extended for an additional year on each anniversary of the Effective Date. Either party may terminate this Agreement at any time for any reason by giving the other party at least thirty (30) days prior written notice of its intent to terminate. City shall be responsible to Consultant for any services performed prior to the date of termination and Consultant shall be responsible to City to continue to provide services until the date of termination of this Agreement. 3. Compensation for Services. Subject to any changes as may be mutually agreed by the parties, Gallagher will receive, as compensation for its services (Exhibit A) under this agreement, fees directly from the insurance providers in the amount of approximately $45,000 per year, which amount will be based on commissions built into policies as outlined on Exhibit B. Gallagher will take reasonable steps to ensure that commission amounts payable will not exceed $45,000 annually. Fees for services outside the scope of this agreement will be agreed upon mutually prior to proceeding with such services. In the event an insurance company cancels or refuses to renew an insurance coverage that had been placed by Gallagher, on behalf of the Client, Gallagher will use its best efforts to obtain appropriate replacement coverage from another insurance company. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, an itemized invoice for professional services requested by the City that are not covered in Exhibit A performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such Page 2 of 9 documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Yvonne Johnson to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. If Consultant removes or replaces the designated staff from the Project it will provide notice of such removal or replacement within ten (10) business days, along with the qualifications of any replacement staff assigned to the Project for the City's review. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. 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 Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government Page 3 of 9 entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by thirty (30) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 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 shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. If the required insurance is maintained by subcontractors, Consultant shall provide proof of the insurance maintained by the subcontractors in the same manner as if the insurance was maintained by Consultant. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Page 4 of 9 Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All polices, except the Worker's Compensation Policy, Automobile Policy and Professional Liability Policy shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy, Automobile Policy and the Professional Liability Policy shall be primary and non-contributory. Page 5 of 9 j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coveraeges required herein. m. Any policy that is cancelled or non-renewed shall be replaced with insurance meeting the requirements set forth herein in a manner that ensures that no gap occurs in coverage. Consultant shall provide current certificates of insurance any time there is a change in coverage and such certificates shall show that no gap in coverage occurred. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. In the event of litigation a copy of the Consultant's insurance declaration page shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. Page 6 of 9 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 Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Each party shall only be liable for actual damages incurred by the other party and shall not be liable for any punitive damages. Furthermore, the aggregate liability under this Agreement, if any, of either party to the other for claimed losses or damages shall not exceed $20,000,000. This provision applies to the fullest extent permitted by applicable law. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated solely and exclusively 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. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and Page 7 of 9 regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. Page 8 of 9 CITY OF EDEN PRAIRIE Mayor City Manager GALLAGHER BENEFIT SERVICES, INC. By: Michael O'Brien Its: Area President Page 9 of 9 Exhibit A—Scope of Work Total Rewards Consulting • Strategic planning • Development of total rewards philosophy and benefits objectives • Well-being strategy and opportunities assessment • Resource inventory • Workforce evaluation • Healthcare reform financial analysis • Employee education and communication Benefit Review • Benefit goals and objectives • Review of current benefits and costs • History of benefit costs • Normative regional data • Trends in benefits Benefit Analysis/Plan Design (or Redesign) • Benefit offerings and structure • Development of comprehensive plan design • Employee communication • Administrative efficiencies • Technology initiatives • Compliance review • Claims analysis reporting • Help Client identify business and HR objectives that impact benefits • Review with Client possible benefit strategies to meet their objectives • Help Client evaluate/review current scope of benefits package—e.g., types & levels of coverage • Work with Client to develop funding and contribution strategies • Assist with budget projections for design alternatives Comprehensive Renewal Analysis • Request renewal 120-180 days in advance • Prepare renewal forecasting, leveraging underwriting support • Review and evaluate carrier projections • Manage carrier negotiations • Create employee contribution modeling reports • Review identified benchmarks of projected plan costs • Develop "working"rates for Client analysis and approval • Assist with budget projections • Provide renewal alternatives with cost impact of benefit plan changes • Implement carrier renewal strategies with Client • Manage the renewal process with the current carrier to control costs Carrier Marketing and Negotiations Process, as directed by Client • Identify goals, analyze program costs and review both current and alternative funding arrangements • Develop timeline covering every aspect from RFP preparation to the delivery of employee communications • Prepare formal RFP as directed by Client • Explore alternative funding solutions • Evaluate vendor responses to track variations in coverage and costs as they are identified • Conduct finalist interviews to investigate and document intangibles such as personalities, service orientation and responsiveness • Provide analysis of employee disruption report and preparation of geo-access report • Draft renewal analysis report, based on renewal negotiation, covers program and claims cost projections as well as complete information on benefit designs • Manage carrier negotiations • Facilitate decision process by coordinating close collaboration and discussions among the GBS team and Client • Implement selected vendor • Full disclosure of markets and compensation Periodic Plan Financial Reports: (frequency to be mutually agreed upon) • Summary of plan costs • Analysis of actual vs. budget • Employee contributions • Large claims tracking • Identification of costs for specific line of coverage • Comparison of plan costs to aggregate stop-loss projections, if applicable • Utilization review • Comparison to prior claim period • Plan trends Annual Financial Reports (End of Year Accounting): • Executive summary of program expenses • Comparison of current costs to renewal costs • Incurred But Not Reported(IBNR) claims analysis • Overview of specific Stop-loss projections • Future plan costs projections • Dollars saved by contract negotiation • Percent of benefit dollars paid by employee • Claims by size • Physician visit details • Benefits paid by type of service • Plan funding/budget comparison • Fixed expense comparison Legislative and Compliance Support: • Provide legislative updates, including Technical Bulletins and Directions newsletters • Evaluate plan design to assist with compliance with state and federal regulations • Review benefit plan documents, including summary plan descriptions, contracts, employee summaries, and policies/procedures • Conduct periodic seminars on regulatory issues • Assist with the review and evaluation of COBRA and HIPAA compliance procedures • Provide general information and guidance to assist with compliance with ERISA, FMLA, USERRA, Medicare Part D and other Federal legislation that directly affects the administration of plan benefits • Provide template or sample compliance notices, certificates of creditable coverage and enrollment forms as reasonably requested by Client Wellness Resources • Carrier wellness tools review • Weekly wellness newsletter • Wellness employer tool kit • GBS Wellness Consultation Employee Education • Training for committee • Assist with the drafting and distribution of participant Satisfaction Surveys • Assist with the drafting and distribution of Open Enrollment-New Member Orientation summary information and any other communications pertaining to the health and welfare program • Provide annual open enrollment guidance and employee meeting materials • Assist with marketing and oversight of Customized Enrollment Materials (if elected) • Development of employee education materials including benefit manuals and open enrollment materials (does not include printing costs) Employee Communication • Connect2MyBenefits - Our Connect2MyBenefits employee intranet website offers your employees direct access to comprehensive company, human resource, and benefits information. It also offers calculators and online resources to help you educate and empower your employees. • GBS Viewpoints - Our employee surveys provide you with an opportunity to accurately understand your employees' perceptions of your current benefit offerings and determine if changes are needed. • Creation of benefit manuals, summaries and other communication pieces (excludes printing costs) • Educational meetings/webinars Benefit Administration Assessment: • Periodic evaluation of internal plan enrollment and benefit termination processes • Review, coordinate and implement Client agreed upon plan"best practices"to help limit plan liability and increase participant satisfaction • Help identify opportunities for streamlining and improving administration procedures Ongoing Service and Assistance • Claim questions • Billing questions • Federal and state compliance issues • Outsourced COBRA administration • Participation at Joint Labor/Employee Benefit Committee meetings Workshop Seminar Series • Gallagher seminar series • Recorded compliance webinars Client Online Self-serve Website • Legislative guides/resource library • Links/benefit news resource • Community resource center Individual Insurance Support ■ In addition to offering group insurance consulting, GBS has in-house individual insurance consultants who can be a resource to your employees. Our menu of individual insurance coverage includes: — Health — Dental — Life — Disability — Long Term Care — Medicare Supplemental Plans Additional services not included in our standard consulting services include: Wellness Comprehensive Plan Management GBS wellness consultants assist clients in developing comprehensive wellness strategies and initiatives. Services include organizational assessment and recommendations, comprehensive strategic plan development,vendor RFP and review, employee communication strategies and materials, wellness incentive design, measures of success, benefit committees and more. Custom Communication Strategy and Design GBS communication consultants help design communication strategies and deliverables developed specifically to align with your organizational goals. We work with you to understand your culture, vision and the information that is critical to attracting and retaining your employees. Benefits Administration Services GBS works with an array of vendors to provide benefits administration services that include recordkeeping, forms processing, COBRA administration, consolidated billing, online enrollment and monthly reporting. Fees for this service are provided upon request. GBS does not directly provide retiree billing services. We do, however, assist clients with the evaluation and selection of vendors for this service. We also provide ongoing support in monitoring and managing services. This support is included in our base fee. The selected retiree billing administrator will provide a fee for their administration services. GBS Fee-Based Training GBS also offers a number of in-house, private educational opportunities for employers such as employment law for managers training, leadership development, supervisory and management training, and a variety of customized professional development workshops. These workshops and seminars are developed to meet the client's specific education and training needs and are available on a fee-for-service basis. Actuarial & Retirement Consulting GBS' actuary&retirement consultants provide services tailored to fit your company's specific needs, including GASB 43 &45 valuations, and pension plan analysis. Whether you want expertly prepared actuarial and compliance reports, assistance with product placement for defined benefit, defined contribution and non-qualified plans, or help with outsourcing your plan administration, our team can deliver the right solution for your situation. Compensation Consulting & Surveys GBS' compensation consulting& survey professionals help analyze and design competitive compensation programs for jobs at every level in your organization. Our team of experienced experts effectively link pay strategies to organizational objectives. Services include: annually published surveys, custom surveys, and guidance in shaping a compensation philosophy, executive compensation, variable compensation,base pay programs, and compensation program compliance. Property & Casualty Insurance Our risk management services and wellness consulting teams can work together to incorporate safety and workers' compensation strategies into an overall culture of wellbeing. EXHIBIT B COMPENSATION DISCLOSURE STATEMENT What follows is the disclosure of our actual fees and/or commissions related to Client's Group Health Plan(s) and any relationships, or agreements Gallagher has with the insurance company involved in this transaction. Gallagher, as agent of record,will receive the following initial and renewal sale commissions expressed as percentage of gross premium payments, or fees as agreed upon by Client: Effective Commissions/Supplemental 3 Line of Coverage Insurance Company Date Compensation Direct Fees Group Medical HealthPartners 7/1/2014 1%of premium/From$0 to none $56.25 per contract new and renewal business with a maximum cap of 750 contracts per group.For Collaborative Solutions Program an additional $0 up to$30 per contract for new business;an additional$0 up to $25 per contract to a maximum of 500 contracts per group. Group Dental HealthPartners 7/1/2014 $1.00 PEPM none Life/AD&D Cigna 7/1/2014 5%of premium/0%to 4%of new none business premium;0%to 2.5%of renewal premium;$2.5 million premium cap per line of coverage Vol Life&AD&D Cigna 7/1/2014 15%of premium/0%to 4%of none new business premium;0%to 2.5%of renewal premium;$2.5 million premium cap per line of coverage LTD Cigna 7/1/2014 Graded/0%to 4%of new none business premium;0%to 2.5%of renewal premium;$2.5 million premium cap per line of coverage COBRA Administration Optum 7/1/2014 0%/0% none Flex/HRA Administration Genesis 7/1/2014 0%/0% none It should also be noted that: • Gallagher is not an affiliate of the insurer whose Contract is recommended. This means the insurer whose contract is recommended does not directly or indirectly have the power to exercise a controlling influence over the management or policies of Gallagher. • Gallagher's ability to recommend other insurance contracts is not limited by an agreement with the Insurance Carrier. • Gallagher is effecting the transaction for the Plan(s)in the ordinary course of Gallagher business. Commissions include all commissions/fees paid to Gallagher that are attributable to a contract or policy between a plan and an insurance company,or insurance service.This includes indirect fees that are paid to Gallagher paid by a third party,and includes,among other things, the payment of"finders'fees"or other fees to Gallagher for a transaction or service involving the plan. 2 Gallagher companies may receive supplemental compensation referred to in a variety of terms and definitions,such as contingent commissions,additional commissions and supplemental commission. 3 Direct Fees include compensation to Gallagher paid for directly by the plan sponsor/Client. • The transaction set forth is at least as favorable to the Plan(s)as an arm's length transaction with an unrelated party. • Gallagher is not a trustee of the Plan(s) and is neither the Plan Administrator of the Plan(s), a fiduciary of the Plan(s),nor an employer which has employees in the Plan(s). For Employers and Plan Sponsors Subject to ERISA: This Disclosure Statement is being given to the Client (1) to make sure Client knows about Gallagher's and Gallagher affiliates' income before purchasing the insurance product and (2) for plans subject to ERISA, to comply with the disclosure, acknowledgment and approval requirement of Prohibited Transaction Class Exemption No. 84-244, which protects both Client and Gallagher5. Disclosure must be made to an independent plan fiduciary for the ERISA Plan(s), and Client acknowledges and confirms that this is a reasonable transaction in the best interest of participants in its ERISA Plan(s). For more information on Gallagher's compensation arrangements,please visit www.ajg.com/compensation. In the event a client wishes to register a formal complaint regarding compensation Gallagher receives,please send an email to Compensation_Complaints@ajg.com or send a letter to: AVC Compliance Officer, c/o Internal Audit Department,Arthur J. Gallagher&Co.,Two Pierce Place, Itasca, IL 60143. 4 Which allows an exemption from a prohibited transaction under Section 408(a)of the Employee Retirement Income Security Act of 1974 (ERISA). 5 In making these disclosures,no position is taken,nor is one to be inferred,regarding the use of assets of a plan subject to ERISA to purchase such insurance. BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement("Agreement") is entered into on 13th day of June, 2014, (the "Effective Date"), by and between the City of Eden Prairie on behalf of the Group Health and Welfare Plans of the City of Eden Prairie ("Covered Entity") and Gallagher Benefit Services, lnc. ("Business Associate"). RECITALS: WHEREAS, Covered Entity and Business Associate mutually desire to outline their individual responsibilities with respect to the use and/or disclosure of Protected Health Information ("PHT') as mandated by the Privacy Rule promulgated under the Administrative Simplifications subtitle of the Health Insurance Portability and Accountability Act of 1996 ("IIIPAA") including all pertinent regulations issued by the U.S. Department of Health and Human Services as outlined in 45 C.F.R. Parts 160, 162 and 164 ("HIPAA Privacy Rules and/or Security Standards"); and WHEREAS, Covered Entity and Business Associate understand and agree that the HIPAA Privacy Rules and Security Standards requires the Covered Entity and Business Associate enter into a Business Associate Agreement which shall govern the use and/or disclosure of PHI and the security of PHI and ePHI. NOW,THEREFORE,the parties hereto agree as follows: 1. Definitions. When used in this Agreement and capitalized, the following terms have the following meanings: (a) "Breach" shall have the same meaning as the term "Breach" in 45 C.F.R. §164.402. (b) "Electronic Protected Health Information" or "ePHI" shall mean Protected Health Information transmitted by electronic media or maintained in electronic media. (c) "Individual" shall have the same meaning as the term "Individual" in 45 C.F.R. §160.103 and shall include a person who qualifies as a personal representative in accordance with 45 C.F.R. §164.502(g). (d) "Privacy Rule" shall mean the Standards for Privacy of individual Identifiable Health Information as set forth at 45 C.F.R. Parts 160 and 164 Subparts A and E. (e) "Protected Health Information" or "PHT' shall have the same meaning as the term "protected health information" in 45 C.F.R. § 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity. Gallagher Business Associate Agreement 05092014 {f) "Required by Law" shall have the same meaning as the term "required by law" in 45 C.F.R. § 164.103. (g) "Secretary" shall mean the Secretary of the Department of Health and Human Services or his or her designee. (h) "Security Incident" shall mean any attempted or successful unauthorized access, use, disclosure, modification or destruction of information or systems operations in an electronic information system. (i) "Security Rule" shall mean the Standards for Security of PHI, including ePHI, as set forth at 45 C.F.R. Parts 160 and 164 Subparts A and C. (j) "Unsecured Protected Health Information" shall mean protected health information that is not rendered unusable, unreadable, or indecipherable to unauthorized persons through the use of a technology or methodology specified by the Secretary. Terms used but not defined in this Agreement shall have the same meaning as those terms in the HIPAA regulations. 2. Obligations and Activities of Business Associate Regarding PHI. (a) Business Associate agrees to not use or further disclose PHI other than as permitted or required by this Agreement or as Required by Law. (b) Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the PHI other than as provided for by this Agreement. (c) Business Associate agrees to ensure that any agents, including sub- contractors (excluding entities that are merely conduits), to whom it provides PHI agree to the same restrictions and conditions that apply to Business Associate with respect to such information. (d) Business Associate agrees to provide access, at the request of Covered Entity, and in a reasonable time and manner designated by Covered Entity, to PHI in a Designated Record Set that is not also in Covered Entity's possession, to Covered Entity in order for Covered Entity to meet the requirements under 45 C.F.R. § 164.524. (e) Business Associate agrees to make any amendment to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 C.F.R. § 164.526 in a reasonable time and manner designated by Covered Entity. (f) Business Associate agrees to make internal practices books and records relating to the use and disclosure of PHI available to the Secretary, in a reasonable time and manner as designated by the Covered Entity or Secretary, for purposes of the Gallagher Business Associate Agreement 05092014 Page 2 of 9 Secretary determining Covered Entity's compliance with the Privacy Rule. Business Associate shall immediately notify Covered Entity upon receipt or notice of any request by the Secretary to conduct an investigation with respect to PHI received from the Covered Entity. (g) Business Associate agrees to document any disclosures of PHI that are not excepted under 45 C.F.R. § 164.528(a)(1)as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. § 164.528. (h) Business Associate agrees to provide to Covered Entity or an Individual, in a time and manner designated by Covered Entity, information collected in accordance with paragraph (g) above, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. § 164.528. (i) Business Associate agrees to use or disclose PHI pursuant to the request of Covered Entity; provided, however, that Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. 3. Permitted Uses and Disclosures of PHI by Business Associate. (a) Business Associate may use or disclose PHI to perform functions, activities or services for, or on behalf of, Covered Entity provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity. (b) Business Associate may use PHI for the proper management and administration of Business Associate and to carry out the legal responsibilities of Business Associate. (c) Business Associate may disclose PHI for the proper management and administration of Business Associate and to carry out the legal responsibilities of Business Associate if: (i) such disclosure is Required by Law, or (ii) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that such information will remain confidential and used or further disclosed only as Required by Law or for the purposes for which it was disclosed to the person, and the person agrees to notify Business Associate of any instances of which it is aware that the confidentiality of the information has been breached. (d) Business Associate shall limit the PHI to the extent practicable, to the limited data set or if needed by the Business Associate, to the minimum necessary to Gallagher Business Associate Agreement 05092014 Page 3 of 9 accomplish the intended purpose of such use, disclosure or request subject to exceptions set forth in the Privacy Rule. (e) Business Associate may use PHI.to provide Data Aggregation services to Covered Entity as permitted by 45 C.F.R. § 164.504(e)(2)(i)(B). 4. Obligations of Covered Entity Regarding PHI. (a) Covered Entity shall provide Business Associate with the notice of privacy practices that Covered Entity produces in accordance with 45 C.F.R. § 164.520, as well as any changes to such notice. (b) Covered Entity shall provide Business Associate with any changes in, or revocation of, authorization by an Individual to use or disclose PHI, if such changes affect Business Associate's permitted or required uses and disclosures. (c) Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 C.F.R. § 164.522, if such restrictions affect Business Associate's permitted or required uses and disclosures. (d) Covered Entity shall require all of its employees, agents and representatives to be appropriately informed of its legal obligations pursuant to this Agreement and the Privacy Rule and Security Standards required by HIPAA and will reasonably cooperate with Business Associate in the performance of the mutual obligations under this Agreement. 5. Security of Protected Health Information. (a) Business Associate has implemented policies and procedures to ensure that its receipt, maintenance, or transmission of all PHI, either electronic or otherwise, on behalf of Covered Entity complies with the applicable administrative, physical, and technical safeguards required protecting the confidentiality, availability and integrity of PHI as required by the HIPAA Privacy Rules and Security Standards. (b) Business Associate agrees that it will ensure that agents or subcontractors agree to implement the applicable administrative, physical, and technical safeguards required to protect the confidentiality, availability and integrity of PHI as required by HIPAA Privacy Rules and Security Standards. (c) Business Associate agrees to report to Covered Entity any Security Incident (as defined 45 C.F.R. Part 164.304) of which it becomes aware. Business Associate agrees to report the Security Incident to the Covered Entity as soon as reasonably practicable, but not later than 10 business days from the date the Business Associate becomes aware of the incident. Gallagher Business Associate Agreement 05092014 Page 4of9 (d) Business Associate agrees to establish procedures to mitigate, to the extent possible, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of this Agreement. (e) Business Associate agrees to immediately notify Covered Entity upon discovery of any Breach of Unsecured Protected Health Information (as defined in 45 C.F.R. §§ 164.402 and 164.410) and provide to Covered Entity, to the extent available to Business Associate, all information required to permit Covered Entity to comply with the requirements of 45 C.F.R. Part 164 Subpart D. (() Covered Entity agrees and understands that the Covered Entity is independently responsible for the security of all PHI in its possession (electronic or otherwise), including all PHI that it receives from outside sources including the Business Associate. 6. Term and Termination. (a) Term. This Agreement shall be effective as of the Effective Date and shall remain in effect until the Business Associate relationship with the Covered Entity is terminated and all PHI is returned, destroyed or is otherwise protected as set forth in Section 6(d). (b) Termination for Cause by Covered Entity. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall provide an opportunity for Business Associate to cure the breach. If Business Associate does not cure the breach within 30 days from the date that Covered Entity provides notice of such breach to Business Associate, Covered. Entity shall have the right to immediately terminate this Agreement and the underlying services agreement between Covered Entity and Business Associate. (c) Termination by Business Associate. This Agreement may be terminated by Business Associate upon 30 days prior written notice to Covered Entity in the event that Business Associate, acting in good faith, believes that the requirements of any law, legislation, consent decree, judicial action, governmental regulation or agency opinion, enacted, issued, or otherwise effective after the date of this Agreement and applicable to PHI or to this Agreement, cannot be met by Business Associate in a commercially reasonable manner and without significant additional expense. (d) Effect of Termination. Upon termination of this Agreement for any reason, at the request of Covered Entity, Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. Business Associate shall not retain any copies of the PHT unless return or destruction is deemed infeasible. If the return or destruction of PHI is infeasible, Business Associate shall extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the Gallagher Business Associate Agreement 05092014 Page 5 of 9 return or destruction infeasible, for so long as Business Associate maintains such PHI. For purposes of illustration only and not to limit the set of circumstances that could potentially make return or destruction infeasible, it would be infeasible for Business Associate to return or destroy certain PHl that is part of work product that must be retained for document retention/archival purposes, as well as PHI that is stored as a result of backup e-mail systems that store e-mails for emergency backup purposes. 7. Amendment. The parties may agree to amend this Agreement from time to time in any other respect that they deem appropriate. This Agreement shall not be amended except by written instrument executed by the parties. 8. Indemnification. Business Associate shall indemnify and hold harmless Covered Entity from and against any and all costs, expenses, claims, demands, causes of action, damages, attorneys' fees and judgments that arise out of or that may be imposed upon, incurred by, or brought against Covered Entity to the extent directly resulting from a breach of this Agreement or any violation of the Privacy Rule or other applicable HIPAA regulations by Business Associate. The indemnification obligations provided for in this Section will commence on the effective date of this Agreement and will survive its termination. Covered Entity shall indemnify and hold harmless Business Associate from and against any and all costs, expenses, claims, demands, causes of action, damages, attorneys' fees and judgments that arise out of or are imposed upon, incurred by, or brought against Business Associate to the extent directly resulting from a breach of this Agreement or any violation of the Privacy Rule or other applicable HIPAA regulations by Covered Entity. The indemnification obligations provided for in this Section will commence on the effective date of this Agreement and will survive its termination. 9. Severability. The parties intend this Agreement to be enforced as written. However, (i) if any portion or provision of this Agreement is to any extent declared illegal or unenforceable by a duly authorized court having jurisdiction, then the remainder of this Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, will not be affected thereby, and each portion and provision of this Agreement will be valid and enforceable to the fullest extent permitted by law; and (ii) if any provision, or part thereof, is held to be unenforceable because of the duration of such provision, the Covered Entity and the Business Associate agree that the court making such determination will have the power to modify such provision, and such modified provision will then be enforceable to the fullest extent permitted by law. Gallagher Business Associate Agreement 05092014 Page6of9 10. Notices. All notices, requests, consents and other communications hereunder will be in writing, will be addressed to the receiving party's address set forth below or to such other address as a party may designate by notice hereunder, and will be either (i) delivered by hand, (ii) made facsimile transmission, (iii) sent by overnight courier, or (iv) sent by registered mail or certified mail, return receipt requested,postage prepaid. If to the Covered Entity: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 If to the Business Associate: Gallagher Benefit Services, Inc. 3600 American Boulevard West Suite 500 Bloomington, MN 55431 11. Regulatory References. A reference in this Agreement to a section in the Privacy Rule means the referenced section or its successor, and for which compliance is required. 12. Headings and Captions. The headings and captions of the various subdivisions of the Agreement are for convenience of reference only and will in no way modify or affect the meaning or construction of any of the terms or provisions hereof. 13. Entire Agreement. This Agreement sets forth the entire understanding of the parties with respect to the subject matter set forth herein and supersedes all prior agreements, arrangements and communications,whether oral or written,pertaining to the subject matter hereof. 14. Binding Effect. The provisions of this Agreement shall be binding upon and shall inure to the benefit of both Parties and their respective successors and assigns. Gallagher Business Associate Agreement 05092014 Page 7of9 15. No Waiver of Rights,Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, will operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto will not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement will entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand. The terms and provisions of this Agreement may be waived, or consent for the departure therefrom granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will be deemed to be or will constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether or not similar. Each such waiver or consent will be effective only in the specific instance and for the purpose for which it was given, and will not constitute a continuing waiver or consent. 16. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. 17. Interpretation. It is the Parties' intent to comply strictly with all applicable laws, including without limitation, HIPAA, state statutes, or regulations (collectively, the "Regulatory Laws"), in connection with this Agreement. In the event there shall be a change in the Regulatory Laws, or in the reasoned interpretation of any of the Regulatory Laws or the adoption of new federal or state legislation, any of which are reasonably likely to materially and adversely affect the manner in which either Party may perform or be compensated under this Agreement or which shall make this Agreement unlawful, the Parties shall immediately enter into good faith negotiations regarding a new arrangement or basis for compensation pursuant to this Agreement that complies with the law, regulation or policy and that approximates as closely as possible the economic position of the Parties prior to the change. In addition, the Parties hereto have negotiated and prepared the terms of this Agreement in good faith with the intent that each and every one of the terms, covenants and conditions herein be binding upon and inure to the benefit of the respective Parties. To the extent this Agreement is in violation of applicable law, then the Parties agree to negotiate in good faith to amend this Agreement, to the extent possible consistent with its purposes,to conform to law. Gallagher Business Associate Agreement 05092014 Page 8 of9 18. Data Practices. This Agreement is subject to the Minnesota Government Data Practice Act,Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. IN WITNESS WHEREOF, the parties have executed this Business Associate Agreement as of the Effective Date. BUSINESS ASSOCIATE: GALLAGHER BE FI ERVICES,INC. By: Name: i Title: Area President COVERED ENTITY: By: Name: Title: Gallagher Business Associate Agreement 05092014 Page 9 of 9 CITY COUNCIL AGENDA DATE: October 21, 2014 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Finance Division Professional Services Agreement for Sue Kotchevar Auditing Services Requested Action Move to: Approve professional services agreement with CliftonLarsonAllen(CLA) for auditing services for 2014 to 2016. Synopsis As a standard business practice, the City completes a request for proposal process for auditing services every three years with an option to extend yearly for an additional three years. This year, CLA submitted the lowest qualified all-inclusive bid totaling $109,925. Background Information Staff's recommendation to choose CLA is based on: 1. Experience—For the fiscal year ending December 31, 2013, CLA audited 74 Minnesota Cities, Townships, and Villages, and 12 Fire Relief Associations. Audited cities include many similar engagements to Eden Prairie, such as Minnetonka, Hopkins, Anoka, Lino Lakes, and Hastings. All of these similar engagement cities received the GFOA Certificate Program award while working with CLA. CLA proposes to have 7.5 staff members on the City's audit. One of these staff members is also a Certified Fraud Examiner and a reviewer for the GFOA Certificate of Achievement for Excellence in Financial Reporting program. These staff members are knowledgeable of any changes affecting the CAFR and will present ideas on how other cities handle different situations or implementations. 2. Price - For the three years of the audit contract, CLA had the lowest all-inclusive bid of $109,925. The bids ranged from $109,925 to $127,310. In addition to having the lowest bid overall, CLA's proposed schedule of hours to be worked results in a rate of$88/hour for 310 hours of City audit time. Other bids ranged from $97/hour for 240 hours worked to $103/hour for 310 hours worked. 3. Quality—CLA's references (Minnetonka, Hopkins, Hastings, and Cottage Grove)have all indicated a high degree of satisfaction with the firm's quality of work. They stated that CLA is knowledgeable and up-to-date on new pronouncements and in helping the cities implement these changes. In addition, staff has been available and responsive to cities' questions during the audit and throughout the year. Finally, staff has been accommodating to cities' timelines in conducting the audit. Attachments • Professional Services Agreement • Exhibit A (City of Eden Prairie RFP) • Exhibit B (CliftonLarsonAllen LLP Proposal) • Exhibit C (CliftonLarsonAllen Engagement Letter) Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 21st day of October, 2014, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and CliftonLarsonAllen LLP, a Minnesota limited liability partnership (hereinafter "Consultant") whose business address is 220 South Sixth Street, Suite 300, Minneapolis, MN 55402. 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 auditing 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 (City of Eden Prairie RFP), Exhibit B (CliftonLarsonAllen LLP Proposal), and Exhibit C (CliftonLarsonAllen LLP Engagement Letter) in connection with Section 2 of the "Request for Proposals for Professional Auditing Services" dated August 26, 2014. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term, The term of this Agreement shall be for the 2014 through 2016 audit, 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 $30,450, $31,025, and $31,350 respectively for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. Standard Agreement for Professional Services 2014.04 Page 2 of 9 C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Doug Host to serve on the Project. He shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. 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 Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. Standard Agreement for Professional Services 2014.04 Page 3 of 9 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 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 shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily 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 Standard Agreement for Professional Services 2014.04 Page 4 of 9 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, Standard Agreement for Professional Services 2014.04 Page 5 of 9 without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. Standard Agreement for Professional Services 2014.14 Page 6 of 9 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. 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. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated Standard Agreement for Professional Services 2014.04 Page 7 of 9 settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME c.L1 F rcr.;Lr c►.)A-LL.LW L-L.P P By: t Standard Agreement for Professional Services 2014.04 Page 8 of 9 Its: 14140,c4fete' Standard Agreement for Professional Services 2014.04 Page 9 of 9 City of Eden Prairie, Minnesota f:. 10 ,411 EDEN Request for Proposals for Professional Auditing Services PRAIRIE August 26, 2014 LIVE • WORK ■ DREAM City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Katharine Caliri Accountant, Finance Division Phone: (952) 949-8308 Fax: (952) 949-8383 kcaliri@edenprairie.org www.edenprairie.org Table of Contents 1. Introduction a) General Information b) Terms of Engagement c) Subcontracting 2. Nature of Services Required a) Scope of Work to be Performed b) Auditing Standards to be Followed c) Reports to be Issued d) Working Paper Retention and Access to Working Papers e) Contract Termination 3. Description of the Government a) Contact Person b) Background Information c) Federal and State Assistance d) Component Units 4. Time Requirements a) Anticipated Proposal Calendar b) Schedule for the 2014 Fiscal Year Audit c) Assistance Provided to the Auditor 5. Proposal Requirements a) General Requirements b) Required Components c) Technical Proposal 6. Evaluation Procedures a) Mandatory Elements b) Technical Qualifications c) Price d) Oral Presentations e) Final Selection f) Right to Reject Proposals Attachment A- Proposer Guarantees and Warranties Attachment B - Schedule of Professional Fees and Expenses Attachment C - Sample Copy of Standard Agreement for Professional Services Attachment D - Fire Relief Association 2013 Audited Financial Statements CITY OF EDEN PRAIRIE Request for Proposal for Professional Auditing Services 1. Introduction a) General Information The City of Eden Prairie is requesting proposals from qualified firms of certified public accountants to audit the financial statements for the City and the Eden Prairie Firefighter Relief Association for the years ending December 31, 2014, 2015 and 2016 with an option of auditing their financial statements for each of the three subsequent years, 2017, 2018, and 2019. The audit of the City is to be performed in accordance with auditing standards generally accepted in the United States of America, the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the provisions of the federal Single Audit Act and U.S. Office of Management and Budget (OMB) Circular A-133, Audits of State and Local Governments as well as all other Federal, State and local requirements in effect now or placed in effect during the engagement. To be considered,three (3) copies of the proposal must be received by Katharine Caliri, Finance Division,8080 Mitchell Road,Eden Prairie,MN 55344,by 4:30 p.m. on Friday, September 19,2014. The City reserves the right to reject any or all proposals submitted. The City reserves the right,where it may serve the City's best interest,to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal (RFP), unless clearly and specifically noted in the proposal submitted. All questions and requests for clarification should be submitted by email to kcaliri@edenprairie.org no later than September 12, 2014. Firms shall not contact any other City staff with any questions or inquiries. Only information that the City provides in writing will be binding. All responses will be sent to each firm which has been provided a copy of this RFP. Upon receipt of the RFP from any source, firms should immediately contact the City and provide its name and email address so that amendments to the RFP or other communications can be sent to it. The City reserves the right to amend this RFP prior to the deadline for proposal submission. Any amendment shall be in writing and shall be provided to each firm which provides its name and email address to the City. It shall be understood that all proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all reports, charts and proposal or referencing information submitted in response to this RFP, shall become the property of the City, and will not be returned. The City is subject to the Minnesota Government Data Practices Act, Minnesota Statute Chapter 13, and all information submitted shall be disclosed as required by the Act. b) Terms of Engagement A three-year contract with the City is contemplated, subject to an annual review by the City. Based on satisfactory performance,the City may extend the agreement annually. In the event of unsatisfactory performance, or when in the best interest of the City, proposals may be solicited before the end of the three year period. The contract shall be in the form of the City's Agreement for Professional Services (Attachment C). The City reserves the right to negotiate all terms and conditions of the contract. In the event the City and the firm are unable to agree upon all contract provisions,the City reserves the right to cease negotiations, reject the firm's proposal, and proceed to negotiate with the next selected firm. c) Subcontracting No subcontracting will be allowed without the express prior written consent of the City. 2. Nature of Services Required a) Scope of Work to be Performed The City of Eden Prairie desires the auditor to express an opinion on the fair presentation of its general purpose financial statements in conformity with generally accepted accounting principles. For the City of Eden Prairie,the auditor is required to audit the basic financial statements, Required Supplementary Information,combining and individual fund statements. The City also desires the firm to review the presentation of the statistical section of the comprehensive annual financial report,in so far as current generally accepted auditing standards require such review. The auditor is not required to audit the schedule of expenditures of federal awards if such audit is not triggered by the threshold of funding received by the City. For the Eden Prairie Firefighter Relief Association CRC,the auditor is required to audit the financial statements and prepare the reposts listed below. b) Auditing Standards to be Followed To meet the requirements of this request for proposal,the audit shall be performed in accordance with: • Generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants (AICPA) • The standards for financial audits as set forth in the U.S. General Accounting Offices' (GAO) Government Auditing Standards • The provisions of U.S. Office of Management and Budget (OMB) Circular A-133 • The provisions of the Minnesota Legal Compliance Audit Guide for Local Government • Any other Federal, State and local requirements in effect now, or placed into effect during the engagements c) Reports to be Issued Following the completion of the audit of the fiscal year's financial statements, the auditor shall: 1. Issue an opinion letter on the City's basic financial statements in conformity with auditing standards generally accepted in the United States of America. 2. Issue a report on the consideration of the City's internal control over financial reporting. 3. Issue a report on the City's compliance with applicable laws and regulations. 4. Communicate in a letter to management any reportable conditions found during the audit. 5. If applicable, issue a report on the Schedule of Expenditures of Federal Awards required by OMB Circular A-133. If a single audit is needed, the schedule of federal financial assistance and related auditor's report, as well as the reports on the internal controls and compliance, will not be included in the CAFR. They will be the responsibility of the auditor. 6. Prepare forms RF-99 (State Reporting Form), SID-99 (Investment Report Form), and IRS 990 and SC-99 (Schedules 1 and 2) for the Firefighter Relief Association. 7. Prepare any other requested or required reports agreed upon in the annual engagement letter. 8. Ensure that the partner in charge of the audit and/or the Audit Manager is available to attend public meetings for discussion of the final report should his/her attendance be requested by the City Council. An exit conference with the City Manager and Finance staff will be conducted by the auditor in charge. At the exit conference, findings and recommendations regarding compliance and internal controls shall be discussed. The audit firm shall be required to make an immediate, written report to the Finance Manager of all irregularities and illegal acts or indications of illegal acts of which they become aware during the course of the audit. If it should become necessary for the City to request the auditor to render any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued on this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the firm. Any such additional work agreed to between the City and the firm shall be performed at the same rates set forth in the schedule of fees and expenses included in the dollar cost bid. d) Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the auditor's expense, for a minimum of six (6) years following the issuance of an opinion, unless the firm is notified in writing by the City of the need to extend the retention period. The auditor will be required to make working papers available, upon request. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. e) Contract Termination Either party may cancel the contract for an audit year by giving notice in writing to the other party at least ninety(90) days prior to January first of the audit year. 3. Description of the Government a) Contact Person The auditor's principal contact with the City will be: Tammy Wilson, Finance Supervisor (952) 949-8376 twilson@edenprairie.org b) Background Information The City of Eden Prairie operates under a Statutory Plan B form of government. Policymaking and legislative authorities are vested in the governing council, which consists of a mayor and four-member council. For 2014, the City has approximately 270 full-time employees and a General Fund operating budget of approximately $41 million. There are eight employees in the Finance division. The City's accounting system, consisting of the General Ledger, Payroll, Accounts Payable, Accounts Receivable, Fixed Assets and Utility Billing systems, are fully automated. Budgets are recorded in the automated accounting system. Moody's Investors Service has assigned an Aaa rating for the City's debt instruments. More information about the City can be obtained on our web site at www.edenprairie.org. Additional information on the Eden Prairie Fire Relief Association can be found in the Eden Prairie Firefighter Relief Association's Audited Financial Statements for the year ended December 31, 2013,which are included in the RFP package (Attachment D). c) Federal and State Assistance In 2013, the City received federal funds from the Departments of Housing and Urban Development, Justice, Interior, and Transportation. Although a Single Audit was not required in 2013 and the City does not expect to exceed $500,000 in federal expenditures in 2014, the successful candidate would be able to provide Single Audit services should the need arise. d) Component Units The City is responsible for one component unit;the Housing and Redevelopment Authority(HRA) is reported as special revenue funds within the City's Comprehensive Annual Financial Report. 4. Time Requirements a) Anticipated Proposal Calendar The following is a list of proposed key dates regarding the selection process: Due date for proposals 4:30 p.m. Friday, September 19, 2014 Staff Review/Interviews September 22 - October 10 Selected Firm Notified October 13 - 17 City Council Approval October 21 (tentative) b) Schedule for the 2014 Fiscal Year Audit The schedule for interim work will be determined upon completion of the selection process. It is desirable to complete as much work as possible on an interim basis. The City will have the accounting records ready for audit in March. The City anticipates an audit start date of March 16th for 2015. The City of Eden Prairie will prepare its own financial statements. The auditor is responsible for reviewing and editing the financial statements. The auditor shall have drafts of the audit reports and final recommendations to management available for review by the end of April. Presentation to Council is anticipated in May. c) Assistance Provided to the Auditor City staff will complete and balance all accounts at year-end. The City will provide staff assistance to the auditor as is reasonably available. The City will furnish the following information and work papers in conjunction with the audit engagement: • Trial balances for all funds subject to the audit • Detailed reconciling records and other information as required by the auditing firm and mutually agreed upon 5. Proposal Requirements a) General Requirements Proposals must be submitted by 4:30 p.m. on Friday September 19, 2014 and addressed to: Katharine Caliri, Finance Division City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 email: kcaliri@edenprairie.org b) Required Components For a firm to be considered, three hard copies of the proposal are required to be received by Katharine Caliri at the above address by 4:30pm September 19, 2014. An additional digital copy emailed to kcaliri@edenprairie.org is appreciated. Proposals shall include the following: 1. Title Page showing the request for proposals' subject; the firm's name; the name, address and telephone number of the contact person; and the date of the proposal. 2. Table of Contents 3. Signed Letter of Transmittal briefly stating the proposers understanding of the work to be done, the commitment to perform the work within the time period, a statement why the firm believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for the three year period. 4. Technical Proposal which follows the order and contents outlined in Section 5c below. 5. Proposer Guarantees and Warranties executed copy (Attachment A). The selected audit firm will be required to provide proof of insurance satisfactory to the City for all applicable insurance in the amounts specified in the Professional Services Agreement. No proposal may contain a limitation on liability except for exclusion of punitive damages. 6. Schedule of Professional Fees and Expenses completed copy(Attachment B). The City will not be responsible for expenses incurred in preparing and submitting the proposal. Such costs should not be included in the proposal. 7. Professional Services Agreement (Attachment C) -- An executed copy will be required only from the selected firm. During the bidding process, firms should reference the sample Professional Services Agreement (Attachment C) to ensure their ability to meet all of the requirements outlined in the agreement. c) Technical Proposal The purpose of the Technical Proposal is to demonstrate the qualifications,competence and capacity of the firms seeking to undertake an independent audit of the City in conformity with the requirements of this RFP. As such,the substance of proposals will carry more weight than their form or manner of presentation. The Technical Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the RFP requirements. The proposal should address all the points outlined in the RFP. The proposal should be prepared simply and economically,providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the RFP. While additional data may be presented,the following subjects must be included. They represent the criteria against which the proposal will be evaluated. 1. Independence- The firm should provide an affirmative statement that it is independent of the City as defined by generally accepted auditing standards of the U.S. General Accounting Offices Government Auditing Standards. The firm should also list and describe the firm's professional relationship involving the City,its component units, or any of its agencies for the past five (5) years,together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit. In addition,the firm shall give the City written notice of any professional relationships involving the City,its component units,or its agencies, entered into during the period of this agreement. 2. License to Practice in Minnesota - An affirmative statement should be included that the firm and all assigned key professional staff are properly registered and licensed to practice in Minnesota. 3. Firm Qualifications and Experience -- The proposer should state the size of the firm, the size of the firm's governmental audit staff, and the location of the office from which the work on this engagement is to be performed. The firm is also required to submit a copy of its most recent external quality control review,with a statement whether that quality control review included a review of specific government engagements. The firm shall also provide information on the results of any federal or state desk reviews or field reviews of its audits during the past three (3) years. In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations. 4. Partner,Supervisory,and Staff Qualifications and Experience -- Identify the principal supervisory and management staff,including engagement partners, managers, other supervisors and specialists,who would be assigned to the engagement. Indicate whether each such person is licensed to practice as a certified public accountant in Minnesota. Provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past three (3)years and membership in professional organizations relevant to the performance of this audit. Provide as much information as possible regarding the number, qualifications, experience and training,including relevant continuing professional education, of the specific staff to be assigned to this engagement. Indicate how the quality of staff over the term of the agreement will be assured. Audit personnel may be changed at the discretion of the proposer provided that replacements have substantially the same or better qualifications or experience. 5. Similar Engagements with Other Governmental Entities -- For the firm's office that will be assigned responsibility for the audit, list the most significant engagements performed in the last three (3) years that are similar to the engagement described in this RFP and are cities awarded the GFOA Certificate of Achievement for Excellence in Financial Reporting. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. 6. Identification of Anticipated Potential Audit Problems - The proposal should identify and describe any anticipated potential audit problems, the firm's approach to resolving these problems, and any special assistance that will be requested from the City. 6. Evaluation Procedures Proposals submitted will be evaluated by the Finance Manager, Finance Supervisor, other key finance employees as needed, and the Firefighter Relief Association Treasurer. The City reserves the right to negotiate and award only a portion of the requirements. The Firefighter Relief Association may choose a different auditor. Hence,proposals should include a cost for these services as a separate item from the other services that are to be provided. Space is provided on the Schedule of Fees and Expenses (Attachment B). Proposals will be evaluated using three sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated for both technical qualifications and price. The following represent the principal selection criteria which will be considered during the evaluation process. a) Mandatory Elements 1. The audit firm is independent and licensed to practice in Minnesota 2. The firm has no conflict of interest with regard to any other work performed by the firm for the City 3. The firm adheres to the instructions in this RFP on preparing and submitting the proposal 4. The firm submits a copy of its last external quality control review report and the firm has a record of quality audit work b) Technical Qualifications 1. Expertise and Experience i. The firm's past experience and performance on comparable government engagements ii. The quality of the firm's professional personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation iii. The firm's expertise with the GFOA Certificate of Achievement in Financial Reporting program 2. Audit Approach i. Adequacy of a proposed staffing plan for various segments of the engagement ii. Adequacy of sampling techniques iii. Adequacy of analytical procedures c) Price d) Oral Presentations During the evaluation process the City may, at its discretion, request any or all firms to make oral presentations. Such presentations will provide firms with an opportunity to answer any questions the City may have on a firm's proposal. Interviews are tentatively planned to be held the week of October 6-10. e) Final Selection Staff will recommend to the City Council the appointment of an independent CPA firm judged to be in the best interests of the City for the auditing services requested. The final decision with respect to the appointment will be made by the City Council. ATTACHMENT A PROPOSER GUARANTEES AND WARRANTIES I. The proposer certifies it can and will provide and make available, as a minimum, all services set forth in the RFP. II. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing coverage for the willful or negligent acts, or omissions of any officers, employees or agents thereof in the amounts specified in the Professional Services Agreement (Attachment C). III. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Eden Prairie and the Firefighter Relief Association. IV. Proposer warrants that all information provided by it in connection with this proposal is true and accurate. Signature of Official: Name (typed): Title: Firm: Date: ATTACHMENT B SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE DECEMBER 31, 2014 FINANCIAL STATEMENTS Standard Quoted Hourly Hourly Hours Rates Rates Total Partners Manager(s) Supervisor(s) Staff Other: specify Subtotal Other(specify fees): Single Audit Fees, if required Total all-inclusive maximum price for 2014 City audit Total all-inclusive maximum price for 2015 City audit Total all-inclusive maximum price for 2016 City audit Eden Prairie Fire Relief Association(specify fees): Total all-inclusive maximum price for 2014 Fire Relief audit Total all-inclusive maximum price for 2015 Fire Relief audit Total all-inclusive maximum price for 2016 Fire Relief audit Note:the rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. ATTACHMENT C SAMPLE COPY OF STANDARD AGREEMENT FOR PROFESSIONAL SERVICES Standard Agreement for Professional Services This Agreement ("Agreement") is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and a Minnesota (hereinafter "Consultant") whose business address is 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 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. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from through _ 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 $ for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated _ to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. 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 Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by written notice to the other party at least ninety (90) days prior to January first delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 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 shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. 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. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: ATTACHMENT D EDEN PRAIRIE FIRE RELIEF ASSOCIATION AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2013 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION Eden Prairie, Minnesota AUDITED FINANCIAL STATEMENTS For the Year Ended December 31, 2013 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION TABLE OF CONTENTS ORGANIZATION 1 INDEPENDENT AUDITOR'S REPORT 2 BASIC FINANCIAL STATEMENTS Statements of Net Position and Governmental Fund Balance Sheet—General Fund 6 Statements of Activities and Governmental Fund Revenues, Expenditures and Changes in Fund Balance—General Fund 7 Statements of Fiduciary Net Position— Special Pension Trust Fund 8 Statements of Changes in Fiduciary Net Position— Special Pension Trust Fund 9 Notes to the Financial Statements 11 REQUIRED SUPPLEMENTARY INFORMATION Schedule of Funding Progress— Special Pension Trust Fund 20 Schedule of Employer Contributions and Other Contributing Entities— Special Pension Trust Fund 21 REPORT ON LEGAL COMPLIANCE 23 SCHEDULE OF FINDINGS ON LEGAL COMPLIANCE 24 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION ORGANIZATION December 31, 2013 Board of Trustees Position Term Expires Aaron Casper President March 31, 2014 Mike Luger Vice President March 31, 2015 Thomas Wilson Secretary March 31, 2016 Glenn Toewe Treasurer March 31, 2015 Philip Jones Trustee March 31, 2014 Peter Kalkbrenner Trustee March 31, 2016 Ex Officio Ron Case Council Member George Esbensen Fire Chief Sue Kotchevar Finance Director 1 Expert advice. When you need it.s" INDEPENDENT AUDITOR'S REPORT Board of Trustees Eden Prairie Firefighter Relief Association Eden Prairie, Minnesota Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities, each major fund and the aggregate remaining fund information of the Eden Prairie Firefighter Relief Association, Eden Prairie, Minnesota, as of and for the year ended December 31, 2013, and the related Notes to the Financial statements, which collectively comprise the Association's basic financial statements as listed in the Table of Contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement,whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted out audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the Association's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Association's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. 2 1(0 V Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund and the aggregate remaining fund information of Eden Prairie Firefighter Relief Association, Eden Prairie, Minnesota, as of December 31, 2013, and the respective changes in financial position thereof, for the year then ended in conformity with accounting principles generally accepted in the United States of America. Report on Summarized Comparative Information We have previously audited the Association's 2012 financial statements and our report dated, April 29, 2013, expressed unqualified opinions on the respective financial statements of the governmental activities, each major fund and the aggregate remaining fund information. In our opinion, the summarized comparative information presented herein as of and for the year ended December 31, 2012, is consistent, in all material respects, with the audited financial statements from which it was derived. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the Schedule of Funding Progress— Special Pension Trust Fund and Schedule of Employer Contributions and Other Contributing Entities— Special Pension Trust Fund identified in the Table of Contents, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standard Board(GASB), who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Omitted Required Supplementary Information The Association has omitted the Management's Discussion and Analysis that accounting principles generally accepted in the United States of America requires to be presented to supplement the basic financial statements. Such missing information, although not part of the basic financial statements, is required by the GASB,who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. Our opinion on the basic financial statements is not affected by this missing information. KERN, DEWENTER, VIERE, LTD. St. Cloud, Minnesota April 18, 2014 3 (THIS PAGE LEFT BLANK INTENTIONALLY) 4 BASIC FINANCIAL STATEMENTS 5 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION STATEMENTS OF NET POSITION AND GOVERNMENTAL FUND BALANCE SHEET - GENERAL FUND December 31, 2013 2012 ASSETS Cash and Investments $ 16,408 $ 15,662 LIABILITIES AND EQUITY Accounts Payable $ - $ 1,000 FUND BALANCE -Unrestrictred/Unassigned 16,408 14,662 Total Liabilities and Equity $ 16,408 $ 15,662 The Notes to the Financial Statements are an integral part of this statement. 6 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION STATEMENTS OF ACTIVITIES AND GOVERNMENTAL FUND REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - GENERAL FUND For the Years Ended December 31, 2013 2012 REVENUES Donations $ 4,055 $ 2,974 Dues 3,123 4,366 Total Revenues 7,178 7,340 EXPENSES/EXPENDITURES Donations 1,000 797 Other - 1,000 Wages and Salaries 2,600 2,550 Flowers and Memorials 1,832 2,985 Total Expenses/Expenditures 5,432 7,332 Excess of Revenues Over Expenses/Expenditures 1,746 8 NET POSITION/FUND BALANCE January 1 14,662 14,654 December 31 $ 16,408 $ 14,662 The Notes to the Financial Statements are an integral part of this statement. 7 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION STATEMENTS OF FIDUCIARY NET POSITION - SPECIAL PENSION TRUST FUND December 31, 2013 2012 ASSETS Cash $ 10,979 $ 90,211 Investments: Mutual Funds 6,908,651 5,849,318 Managed Futures/Hedge Funds 312,418 949,979 Foreign Bonds 376,213 400,747 Corporate Bonds 5,866,285 6,196,542 Equity Securities 6,277,299 4,917,842 Total Investments 19,740,866 18,314,428 Prepaid Items 83,405 - Total Assets $ 19,835,250 $ 18,404,639 LIABILITIES AND NET POSITION Liabilities: Accounts Payable $ 543 $ - Total Liabilities 543 - NET POSTION Held in Trust for Pension Benefits (A Schedule of Funding Progress for the plan is presented on page 20.) $ 19,834,707 $ 18,404,639 The Notes to the Financial Statements are an integral part of this statement. 8 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION STATEMENTS OF CHANGES IN FIDUCIARY NET POSITION- SPECIAL PENSION TRUST FUND For the Years Ended December 31, 2013 2012 ADDITIONS Contributions State of Minnesota $ 416,299 $ 291,468 City Contribution 501,079 625,910 Miscellaneous Income - 200 Total Contributions 917,378 917,578 Investment Income Interest and Dividends 549,380 532,605 Net Change in Fair Value of Investments 1,200,293 1,206,522 1,749,673 1,739,127 Less Investment Expenses (102,607) (102,252) Net Investment Income 1,647,066 1,636,875 Total Additions 2,564,444 2,554,453 DEDUCTIONS Benefit Distributions 1,093,541 967,269 Professional Services 30,846 11,416 Salaries 9,500 9,500 Payroll Taxes and Fees - 2,618 Office Supplies 489 594 Miscellaneous - _ 243 Total Deductions 1,134,376 991,640 Net Increase 1,430,068 1,562,813 NET POSITION BEING HELD IN TRUST FOR PENSION BENEFITS Beginning of Year 18,404,639 16,841,826 End of Year $ 19,834,707 $ 18,404,639 The Notes to the Financial Statements are an integral part of this statement. 9 (THIS PAGE LEFT BLANK INTENTIONALLY) 10 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION NOTES TO THE FINANCIAL STATEMENTS December 31, 2013 NOTE 1 —SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES A. Fund Accounting The resources of the Eden Prairie Firefighter Relief Association (the "Association") are accounted for in two funds: Special Fund—This Fund is a pension trust fund for the accumulation of resources to be used for retirement, dependency and disability annuity payments of appropriate amounts and at appropriate times in the future. Resources are contributed by the City of Eden Prairie (the "City") at amounts determined by law (taxes), from the 2% insurance premium tax, amortization aid from the State of Minnesota and investment earnings. General Fund—This Fund is a governmental fund, which accounts for the resources not accounted for in the Special Fund. It is used for the good and benefit of the Association as determined by Association bylaws. Its resources consist of membership dues, donations and investment earnings. B. Government-Wide and Fund Financial Statements The government-wide financial statements (i.e., the Statements of Net Position and the Statements of Activities) report information on all of the nonfiduciary activities of the Association. Financial statements are provided for the General Fund. However, as this Fund is the only governmental activity of the Association and because no reconciling items exist between the two different bases of accounting described below, this Fund's statements are combined with the government-wide statements for presentation. C. Measurement Focus, Basis of Accounting and Financial Statement Presentation The government-wide financial statements and fiduciary fund financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the Association considers revenues to be available if they are collected within 60 days of the end of the current period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. D. Deposits and Investments The Association's cash and cash equivalents are considered to be cash on hand, demand deposits and highly liquid debt instruments purchased with original maturities of three months or less from the date of acquisition. Investments are stated at fair value. 11 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION NOTES TO THE FINANCIAL STATEMENTS December 31, 2013 NOTE 1 —SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES D. Deposits and Investments (Continued) Minnesota Statutes requires all deposits made by municipalities (which includes fire relief associations) with financial institutions are collateralized in an amount equal to 110% of deposits in excess of Federal Deposit Insurance Corporation (FDIC) insurance. Minnesota Statutes authorizes the Association to invest in obligations of the U.S. Treasury, agencies and instrumentalities, shares of investment companies whose only investments are in the aforementioned securities, obligations of the State of Minnesota or its municipalities,bankers' acceptances, future contracts, corporate bonds, common stock and foreign stock of the highest quality, mutual funds and in the State Board of Investments. Custodial Credit Risk—Deposits: For deposits, this is the risk that in the event of bank failure, the Association's deposits may not be returned to it. The Association does not have a formal deposit policy addressing this risk. Interest Rate Risk: This is the risk that market values of securities in a portfolio would decrease due to changes in market interest rates. According to the Association's investment policy, the Trustees of the Eden Prairie Fire Relief Association(EPFRA) Special Fund wish to take a moderately aggressive stance with regard to these investment assets. The investor recognizes that prudent investing requires taking reasonable risks in order to raise the likelihood of achieving targeted investment returns. Credit Risk: This is the risk that an issuer or other counterparty to an investment will not fulfill its obligations. State law limits investments in commercial papers and corporate bonds to the top two ratings issued by nationally recognized statistical rating organizations. The Association's investment policy further addresses acceptable investments. Concentration of Credit Risk: This is the risk of loss attributed to the magnitude of an investment in a single issuer. The Association's investment policy set the following objectives as to how to allocate the total assets: Minumum Target Maximum Asset Class Weight Weight Weight Fixed Income 28% 42% 48% Equities 28% 43% 48% Real Assets 0% 5% 10% Complementary Strategies 0% 10% 20% Custodial Credit Risk—Investments: For an investment, this is the risk that in the event of the failure of the counterparty, the Association will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. The Association's investment policy does not further address this risk. E. Prepaid Items Prepaid items represent January 2014 pension payments paid on December 31, 2013. 12 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION NOTES TO THE FINANCIAL STATEMENTS December 31, 2013 NOTE 2 -DEPOSITS AND INVESTMENTS A. Deposits In accordance with applicable Minnesota Statutes, the Association maintains deposits at depository banks authorized by the Board of Trustees. As of December 31, 2013, the Association's bank balance of$ 28,437 was insured and fully collateralized by FDIC insurance. The Association's deposits had a book balance as follows: Checking $ 27,387 B. Investments As of December 31, 2013, the Association had the following investments: Interest Rate Risk- Credit Risk Maturities(Years) Market Investment Type Rating Agency Less than 1 1-5 5-10 Value Corporate Bonds: Kroger Co Senior Notes Baa2 Moody's 200,586 200,586 Altria Group Inc Notes BBB S&P 201,472 201,472 CME Group In SR Unsecured Notes Aa3 Moody's 201,294 201,294 Caterpillar Financial SR Unsecured Notes A2 Moody's 201,542 201,542 Viacom Inc Notes Baal Moody's 153,984 153,984 JP Morgan Chase&Co Notes A S&P 157,062 157,062 General Elec Cap Corp Notes Aa2 Moody's 210,286 210,286 Metlife Inc Notes A3 Moody's 212,818 212,818 Amgen Inc SR Unsecured Baal Moody's 207,440 207,440 Express Scripts Holding Sr Unsecured Baa3 Moody's 185,523 185,523 American Express Senior Notes BBB+ S&P 172,899 172,899 Capital One Financial Co Senior Notes BBB S&P 204,834 204,834 Wells Fargo Company SR Unsecured Notes A2 Moody's 171,888 171,888 Goldman Sachs GRP Inc Notes Baal Moody's 200,550 200,550 Kinder Morgan Ener Part Notes Baa2 Moody's 227,382 227,382 Merrill Lynch&Co Medium Term Notes Baal Moody's 236,866 236,866 CitiGroup Inc Unsecured Baa2 Moody's 157,298 157,298 Verizon Communications Sr Unsecured BBB+ S&P 212,064 212,064 Dow Chemical Co Notes Baa3 Moody's 257,814 257,814 Kraft Foods Inc SR Unsecured BBB- S&P 225,028 225,028 Comcast Corp Company GTD Baal Moody's 167,407 167,407 Prudential Financial Inc SR Unsecured Baa2 Moody's 168,663 168,663 Time Warner Inc Company GTD Baa2 Moody's 214,020 214,020 Cigna Corp Sr Unsecured Baa2 Moody's 203,720 203,720 Devon Energy Corporation SR Unsecured Baal Moody's 190,782 190,782 Blackrock Inc SR Unsecured Al Moody's 173,161 173,161 Duke Energy Corp SR Unsecured Baa2 Moody's 186,528 186,528 Domionion Resources Inc SR Unsecured Baa2 Moody's 184,828 184,828 CVS Caremark Corp SR Unsecured Baa2 Moody's 184,236 184,236 Boston Properties LP Sr Unsecured Callable Baa2 Moody's 194,310 194,310 Foregin Bonds: BP Capital Markets PLC Senior Notes A2 Moody's 166,073 166,073 Ensco PLC Sr Unsecured Baal Moody's 210,140 210,140 Managed Futures/Hedge Funds N/A N/A N/A N/A N/A 312,418 Equity Securities N/A N/A N/A N/A N/A 6,277,299 Investment Pools/Mutual Funds: Mutual Funds N/A N/A N/A N/A N/A 6,021,268 Money Market Funds N/A N/A N/A N/A N/A 887,383 Total Investments $19,740,866 13 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION NOTES TO THE FINANCIAL STATEMENTS December 31, 2013 NOTE 2—DEPOSITS AND INVESTMENTS B. Investments (Continued) Credit Risk: As of December 31, 2013, the Association's investments were rated in the table on the previous page. Certain investments were not subject to credit risk and were unrated. Concentration of Credit Risk: The Association had 7.43% of total investments invested in Ishares Core S&P 500 ET S&P 500 Index and was exposed to concentration of credit risk of more than 5.0% at December 31, 2013. C. Balances The following is a summary of total deposits and investments: Deposits (Note 2.A.) $ 27,387 Investments (Note 2.B.) 19,740,866 Total Deposits and Investments $ 19,768,253 Deposits and investments are presented in the December 31, 2013 basic financial statements as follows: Statement of Net Position and Governmental Fund Balance Sheet- General Fund: Cash $ 16,408 Statement of Fiduciary Net Position: Cash 10,979 Investments 19,740,866 Total $ 19,768,253 D. Valuation of Investments Investment income is recognized by the Association when it is earned. Investments are reported at fair value. Securities traded on a national or international exchange are valued at the last reported sales price at current exchange rates. There are no investments in loans to or leases with parties related to the pension plan. 14 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION NOTES TO THE FINANCIAL STATEMENTS December 31, 2013 NOTE 3 —PLAN DESCRIPTION AND CONTRIBUTION INFORMATION A. Identification of the Plan Volunteer firefighters of the City are members of the Association. The Association is the administrator of a single-employer defined benefit pension plan available to firefighters that was established in 1968 and operates under the provisions of Minnesota Statutes Chapter 424A. The plan is governed by a board of six members elected by the members of the Association for three year terms. The City's Mayor, City Clerk and Fire Chief are ex officio, nonvoting members of the Board of Trustees. The plan is funded by contributions from the City and 2% fire aid from the State of Minnesota. As of December 31, 2013, membership data related to the Association was as follows: Retirees and Beneficiaries Currently Receiving Benefits and Terminated Employees Entitled to Benefits but not yet Receiving them 94 Active Plan Participants 91 Total 185 B. Benefit Provisions Each member who is at least 50 years of age, has retired from the Eden Prairie Fire Department(the "Fire Department"), has served at least 10 years of active service with such department before retirement and has been a member of the Association in good standing at least 10 years prior to such retirement, shall be entitled to receive a service pension based on the vested amount of service time accrued. Full vesting occurs at 10 years of service, with no provision for partial vesting. Upon retirement, an irrevocable election for one of the following two plan options must be made. 1. Monthly Service Pension—Each eligible member electing this plan is entitled to receive a monthly service pension calculated by multiplying $ 56 times each year that the member has been an active firefighter on the Fire Department and member in good standing of the Association,up to a maximum pension of$ 1,792. 2. Lump Sum Service Pension—Each eligible member electing this plan is entitled to receive a one-time lump sum service pension calculated by multiplying $ 10,000 times the years of service which the member would be entitled. A member of the Association who has completed 10 or more years of active service with the Fire Department and has been an active member in the Association for at least 10 years, but has not reached age 50, shall have the right to retire from the Fire Department without forfeiting the right to a service pension. The member shall be entitled to a deferred service pension, and upon attaining the age of 50, the Association shall, upon application thereof, pay the member's pension from the date the application is approved. Minnesota Statutes provide for the payment of a supplemental benefit equal to 10% of a regular lump sum distribution,up to a maximum of$ 1,000. 15 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION NOTES TO THE FINANCIAL STATEMENTS December 31, 2013 NOTE 3 —PLAN DESCRIPTION AND CONTRIBUTION INFORMATION B. Benefit Provisions (Continued) A member who becomes permanently unable to serve as an active firefighter in the Fire Department because of a total and permanent disability arising from active service in the Fire Department shall be eligible to collect, upon approval of the Board of Trustees, a disability benefit from the Association in an amount equal to the service pension amount in effect on the date of the disability for each year of active service in the Fire Department. In the event of a member death, the member's service pension will be disbursed to either a qualifying surviving spouse or child. The pension collectible to the surviving spouse or child is limited to 662/3% of the member's accrued monthly retirement benefit. There is no lump sum option for death benefits. These benefit provisions may be amended by a favorable vote of two-thirds of members present and voting, provided a quorum exists at any regular or special meeting. This benefit amendment must also be ratified by the City Council. C. Contributions Contributions by the City are determined in accordance with Minnesota Statutes as follows: Normal Cost for Next Year(Increase in Pension Benefit Obligation) Plus Estimated Expenses for the most recent year multiplied by a factor of 1.035 Plus Interest Plus Amortization of unfunded actuarial liability as reported in the latest actuarial valuation Contributions totaling $ 501,076 were made by the City and$ 416,299 by the State of Minnesota, in accordance with state statute requirements for the year ended December 31, 2013. NOTE 4—FUNDED STATUS AND FUNDING PROGRESS —PENSION PLANS The Association used the entry normal cost method, an allowable alternative, to determine the unfunded actuarial liability. Based on this calculation, the standardized measure of the unfunded actuarial liability as of December 31, 2013 is as follows: Actuarial Actuarial (Unfunded) Year Ended Valuation Date Value of Accrued Over Funded December 31, December 31, Net Assets Liability(AAL) AAL Funded Ratio 2013 2012 $ 19,834,707 $ 20,089,266 $ (254,559) 98.73% The Schedule of Funding Progress— Special Pension Trust Fund,presented as required supplementary information following the Notes to the Financial Statements,presents multi-year trend information about whether the statutory values of plan assets are increasing or decreasing over time relative to the statutory accrued liabilities for benefits. 16 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION NOTES TO THE FINANCIAL STATEMENTS December 31, 2013 NOTE 4—FUNDED STATUS AND FUNDING PROGRESS —PENSION PLANS The projection of benefits for financial reporting purposes does not explicitly incorporate the potential effects of legal or contractual funding limitation on the pattern of cost sharing between the Association and plan members in the future. A variety of significant actuarial assumptions are used to determine the standardized measure of the unfunded actuarial liability and these assumptions are as follows: Actuarial Cost Method: Entry Age Normal Cost Actuarial Assumptions: Amortization period: 20 years. Rate of Investment Return: 5%per Annum, compounded annually. Age and Service Retirement Age: The later of age 50 or 10 years of service. No turnover or early retirement. Mortality Rates: RP-2000 Combined Blue Collar projected to 2013 with Scale AA for participants and RP-2000 Combined Healthy projected to 2013 with Scale AA for spouses. Termination Rate: 12% at age 20 reducing uniformly to 0% at age 45 and after. Disability Rate: 75% of railroad retirement disability rates. 25% assumed duty related. Payment Method: 100% annuity benefit. Administration Expenses: $ 25,017 (2011 expenses x 1.035) NOTE 5—TAX STATUS The Association is recognized by the IRS as a qualified 501(C) 4 organization and therefore is not subject to ordinary income tax for the year ended December 31, 2013. The Association is required to assess whether an uncertain tax position exists and if there should be recognition of a related benefit or liability in the financial statements. The Association has determined there are no amounts to record as assets or liabilities related to uncertain tax positions. Generally, the Association is no longer subject to examination by tax authorities for years before 2009. NOTE 6—NEW STANDARDS INSUED BUT NOT YET IMPLEMENTED The provisions of GASB Statement No. 67 will be required to be presented in the Association's financial statements for the year ending December 31, 2014. The Statement establishes standards of financial reporting for separately issued financial reports and specifies the required approach to measuring the pension liability of employers and non-employer contributing entities for benefits provided through the pension plan (the net pension liability), about which information is required to be presented. 17 (THIS PAGE LEFT BLANK INTENTIONALLY) 18 REQUIRED SUPPLEMENTARY INFORMATION 19 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION SCHEDULE OF FUNDING PROGRESS- SPECIAL PENSION TRUST FUND Actuarial Statutory Funded USAL as a Year Ended Valuation Date- Value of (Unfunded) Funded Covered Percentage of December 31, December 31, Assets AAL UAAL Ratio Payroll* Covered Payroll* 2013 2012 $ 19,834,707 $ 20,089,266 $ (254,559) 98.73% N/A N/A 2012 2012 18,404,639 20,089,266 (1,684,627) 91.61% N/A N/A 2011 2010 16,841,826 19,282,133 (2,440,307) 87.34% N/A N/A 2010 2010 16,967,737 19,282,133 (2,314,396) 88.00% N/A N/A 2009 2009 14,511,437 18,574,088 (4,062,651) 78.13% N/A N/A 2008 2008 11,749,341 18,142,870 (6,393,529) 64.76% N/A N/A 2007 2007 16,142,973 16,009,037 133,936 100.84% N/A N/A * The Association is comprised of volunteers;therefore,there are no payroll expenditures(i.e.,there are no covered payroll percentage calculations). ACRONYMS AAL- Actuarial Accrued Liability UAAL-Unfunded Actuarial Accrued Liability 20 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION SCHEDULE OF EMPLOYER CONTRIBUTIONS AND OTHER CONTRIBUTING ENTITIES - SPECIAL PENSION TRUST FUND Required Municipal Contribution Municipal Required Year Ended and State State Municipal Actual Percentage December 31, Contribution Contribution Contribution Contribution Contributed 2013 $ 917,378 $ 416,299 $ 501,079 $ 501,079 100% 2012 917,378 291,468 625,910 625,910 100% 2011 1,116,805 286,728 830,077 830,077 100% 2010 1,421,386 292,384 1,129,002 1,129,002 100% 2009 554,761 284,195 270,566 462,805 171% 2008 554,761 335,779 218,982 411,221 188% 21 (THIS PAGE LEFT BLANK INTENTIONALLY) 22 (DN Expert advice. When you need it.s" REPORT ON LEGAL COMPLIANCE INDEPENDENT AUDITOR'S REPORT Board of Trustees Eden Prairie Firefighter Relief Association Eden Prairie, Minnesota We have audited, in accordance with auditing standards generally accepted in the United States of America the financial statements of the governmental activities, each major fund and the aggregate remaining fund information of the Eden Prairie Firefighter Relief Association, Eden Prairie, Minnesota as of and for the year ended December 31, 2013, and the related Notes to the Financial Statements, and have issued our report thereon dated April 18, 2014. The Minnesota Legal Compliance Audit Guide for Political Subdivisions,promulgated by the State Auditor pursuant to Minnesota Statutes § 6.65, contains three categories of compliance to be tested: deposits and investments, conflicts of interest and relief associations. Our audit considered all of the listed categories. In connection with our audit, nothing came to our attention that caused us to believe that the Eden Prairie Firefighter Relief Association, Eden Prairie, Minnesota failed to comply with the provisions of the Minnesota Legal Compliance Audit Guide for Political Subdivisions, except as described in the accompanying Schedule of Findings and Responses on Legal Compliance. However, our audit was not directed primarily toward obtaining knowledge of such noncompliance. Accordingly, had we performed additional procedures, other matters may have come to our attention regarding the Association's noncompliance with the above referenced provisions. This report is intended solely for the information and use of those charged with governance and management of the Association and the State Auditor and is not intended to be and should not be used by anyone other than these specified parties. Pe( , 4, V- - , C. P. KERN, DEWENTER, VIERE, LTD. St. Cloud, Minnesota April 18, 2014 23 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION SCHEDULE OF FINDINGS ON LEGAL COMPLIANCE December 31, 2013 CURRENT AND PRIOR YEAR FINDING: Certification of Statements of Economic Interest Minnesota Statutes 356A.06, Subd. 4 requires each member of the governing board and the chief administrative officer of a pension plan, file a Statement of Economic Interest with the plan. The chief administrative officer of the plan must annually by January 15, submit a listing of all individuals who completed the Statements during the preceding 12 months to the Campaign Finance and Public Disclosure Board. This Officer is attesting the Statements were completed and kept as public record during the year. During our audit, it was noted the Association did not complete all Statements for the year ended December 31, 2013 on or before January 15, 2014. We recommend the Association retain and certify its Statements of Economic Interest annually by January. 24 ' : Clifton Larson Allen r 5 l September 18, 2014 Technical Proposal to Provide Professional Auditing Services to: City of Eden Prairie & Eden Prairie Firefighter Relief Association Prepared by: Doug Host,CPA, Principal doug.host@claconnect.com direct 612-376-4500 x12948 fax 612-376-4850 Christopher Knopik,CPA,CFE, Manager christopher.knopik@claconnect.com direct 612-397-3266 fax 612-376-4850 CLAconnect.com CliftonLarsonAllen LLP 220 South Sixth Street,Suite 300 Minneapolis,MN 55402 612-376-4500 i fax 612-376-4850 Clifton LarsonAl(en wwwclaconnect.com September 18, 2014 Katharine Caliri, Finance Division City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Ms. Caliri: Thank you for inviting us to propose our services to you. We gladly welcome the opportunity to share our approach to helping the City of Eden Prairie (City) and the Eden Prairie Firefighter Relief Association (Relief Association) meet your financial goals and satisfy your compliance obligations. The enclosed proposal responds to your request for auditing services for the fiscal years ending December 31, 2014, 2015 and 2016. We believe we've established a good understanding of the work to be performed and the specified time periods in which the work is to be completed and will fully commit to meeting or exceeding those expectations. As the nation's newest top-10 accounting firm, CliftonLarsonAllen (CLA) is well positioned to bring you an elite level of knowledge, insight, and industry-specific consultation. CLA is the union of Clifton Gunderson and LarsonAllen, two peer firms who have joined together to create a different kind of professional services company. We are one of the few firms of our size and scope to focus singularly on privately held businesses and public sector organizations—as well as the people at their helm. You can depend on CLA for several uncommon advantages: • Professionals dedicated expressly to government agencies. Our firm has over thirty years experience auditing cities, townships and other government agencies. This is our focus—it is not "off season"work. • Experience with cities of similar size. Our client base includes many cities and townships of similar size to the City of Eden Prairie and the Eden Prairie Firefighter Relief Association—these are the size of clients that in fact built our firm and continue to be an important part of our business today. • Leadership and experience in the government sector. We work with more than 1,700 government organizations across the country, and our exposure to the circumstances and issues that surround your industry has equipped us to serve you with unparalleled knowledge and insight. • Thought leadership and original content. We provide proactive communications and training on emerging issues through seminars, webcasts, white papers, and eFlashes. • Credibility, reputation, and resources of a top 10 firm without sacrificing the small firm touch. As CLA we have renewed and deepened our commitment to you at a level most other firms reserve for large corporations. • Value and affordability. You can avail yourself of the knowledge and capabilities of a national top 10 firm at surprisingly competitive rates and the touch of a small firm feel. • Commitment. We have the resources, experience and expertise to fulfill this engagement. We are committed to providing all deliverables described in the RFP within the time period specified by the City. • Continuity of staff. The City and the Relief Association will experience continuity of the staff assigned to your engagements, this is due to the fact that CLA has a turnover rate of 12 percent compared to the industry average of 23 percent. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen Engagement summary As requested,we propose to provide the following services: • Perform an audit of the financial statements of City of Eden Prairie (the City)for the years ended December 31, 2014, 2015 and 2016 in accordance with auditing standards generally accepted in the United States of America (generally accepted auditing standards) and Government Auditing Standards as well as all provisions of the Minnesota Legal Compliance Audit Guide for Political Subdivisions. • Review the Comprehensive Annual Financial Report to determine any corrective measures necessary for the City to continue to receive the GFOA's Certificate of Achievement for Excellence in Financial Reporting during this engagement. • Perform an audit of the City's federal awards in accordance with generally accepted auditing standards, Government Auditing Standards, and the provisions of U.S. Office of Management and Budget (OMB) Circular A-133,Audits of States and Local Governments (if required). • Develop a management letter of our comments and recommendations regarding internal control, planning opportunities and other matters observed during the course of our engagements. • Deliver a board communication letter in regards to the information required to be communicated under generally accepted auditing standards. • Meet with management on an interim basis to provide support for the City of Eden Prairie and the Relief Association. • Perform an audit of the financial statements of the Eden Prairie Firefighter Relief Association (the Relief Association) for the years ended December 31, 2014, 2015 and 2016 in accordance with auditing standards generally accepted in the United States of America (generally accepted auditing standards) as well as all provisions of the Minnesota Legal Compliance Audit Guide for Political Subdivisions. • Complete the IRS Form 990 for the Relief Association. • Serve as a resource to your staff throughout the year. Thank you for this opportunity to present our proposal. Please contact me at 612-376-4500 ext. 12948 or via email at doug.host@CLAconnect.com with any additional questions. This proposal is a firm and irrevocable offer for the next sixty days and is contingent on obtaining a satisfactory communication with your previous auditor. Our proposed fees as set forth in this document are firm based on the expectations of both parties as set forth in the RFP. Sincerely, CliftonLarsonAllen LLP D'ertleft.• P. drat- Doug Host, CPA Principal 612-376-4500 ext. 12948 doug.host@CLAconnect.com ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen TABLE OF CONTENTS 1.General Requirements 1 2. Independence 2 3. License to Practice in Minnesota and Government Auditing Standards 3 4. Firm Qualifications and Experience - 4 Organization and Size of CLA 4 Location from Which Work will be Performed 4 Size of Minneapolis Office 4 Number and Nature of Staff to be Employed 5 Continuity of staffing — 5 Thought Leadership and Industry Information 5 Our Governmental Services Team 5 Peer Review 6 Federal or State Desk Reviews - 6 Use of subcontractors/ minority firms - 7 Rotation Policy -- 7 Staff Education and Development _. 7 Audit Leadership: Our People Help Set National Audit Standards 7 5. Principal,Supervisory/Staff Qualifications&Experience 8 Commitment to Staff Continuity 27 Municipal Audit Experience 27 Experience serving governmental organizations 27 Experience with tax-exempt bonds 28 Single Audit Experience 29 6. Similar Engagements with Other Government Entities 30 References - 30 Accessibility _ 32 7. Identification of Anticipated Potential Audit Problems - 34 Work Plan - 35 Engagement Timetable - -. 48 8.Cost and Price Analysis 50 Fee Quote 50 Client Preparation Expectations - 50 Ongoing Consultation 51 Schedule of Professional Fees& Expenses 52 ©2014 CliftonLarsonAllen LLP i,ChftonLarsonAllen Appendix 53 Appendix A—Quality Control Procedures and Peer Review Materials _ 54 Appendix B—Proposer Guarantees and Warranties _ 57 Appendix C—Standard Agreement for Professional Services 59 ©2014 CliftonLarsonAllen LLP t; CliftonLarsonAllen 1. GENERAL REQUIREMENTS We have prepared our technical proposal based on the requirements set forth in the Request for Proposal's (RFP's)section titled,Section 5.c)Technical Proposal. We have structured the proposal in a manner that can be easily compared to the RFP's requirements. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 1 2. INDEPENDENCE CLA hereby certifies that it is independent with respect to the City of Eden Prairie, Minnesota and the Eden Prairie Firefighter Relief Association and all of its component units as defined by Government Auditing Standards and U.S. generally accepted auditing standards. In addition,there are no obligations or interests that might conflict with the best interests of the City or the Relief Association. Furthermore, CliftonLarsonAllen has not had any professional relationships involving the City or the Relief Association or their component units during the current year or for the past five years. CLA is not aware of any professional relationships with the City or Relief Association that would result in a conflict of interest. CLA has detailed procedures in our Audit & Accounting Manual to foster compliance with independence requirements and to avoid other conflicts of interest. Our policies are extensive and designed to meet the requirements of the AICPA, the U.S. Securities and Exchange Commission (SEC), the PCAOB, state licensing agencies and Government Auditing Standards.Some of the key elements of our policies include: • Independence training for all professionals. • Annual written representations of independence from all personnel who perform client services. • Extensive client and engagement acceptance and continuance policies. • Separate sections in our manual specific to independence over Government Auditing Standards engagements. • Requirements for confirming independence of outside accounting firms and independent contractors. • Maintenance of a firm-wide client list and a restricted entities list. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 2 3. LICENSE TO PRACTICE IN MINNESOTA AND GOVERNMENT AUDITING STANDARDS CLA is a properly licensed certified public accounting firm, able to practice in Minnesota. In addition, all key professional staff assigned to this engagement is properly licensed to practice as certified public accountants in Minnesota. During the past five years, CLA has not had any professional relationships involving the City of Eden Prairie or any of its component units or the Eden Prairie Volunteer Firefighter Relief Association. CLA is a limited liability partnership and is duly licensed to practice public accounting in the State of Minnesota and other states in which it chooses to practice. All assigned key professional staff are licensed certified public accountants in Minnesota or other states. A majority of states, including Minnesota, have adopted mobility legislation — which is a practice privilege that generally permits a licensed CPA in good standing from a substantially equivalent state to practice outside of his or her principal place of business without obtaining another license. All assigned professional staff have complied with governmental qualification standards, including governmental continuing education requirements. All of our professional staff, both CPAs and non-CPAs, are required to attend a minimum of 40 hours per year of continuing education courses, which are paid for by our firm. In addition, Government Auditing Standards require that supervisory personnel complete at least 24 hours of qualified government continuing education courses every two years. This education is obtained by attending various courses such as our internal assurance conference held annually, where we cover all significant changes in auditing pronouncements, accounting principles, independence requirements, single audit requirements, and other government-related matters. This conference is supplemented with other government-related courses provided through the Government Finance Officers Association (GFOA), Minnesota Government Finance Officers Association (MGFOA), the American Institute of Certified Public Accountants (AICPA), and the Minnesota Society of Certified Public Accountants (MNCPA)where we concentrate on education specific to governmental auditing and especially to single audits. ©2014 CliftonLarsonAllen LLP A CliftonLarsonAllen 3 4. FIRM QUALIFICATIONS AND EXPERIENCE Organization and Size of CLA Firm Profile As one of the nation's top ten accounting firms, CLA is i • . structured to provide clients with highly specialized - industry insight, and CLA delivers its audit, accounting, • tax, consulting, and advisory capabilities from industry- . • specific perspectives. CLA offers unprecedented . emphasis on serving governmental entities. We are one of very few firms of our size and scope to focus solely on . public sector organizations and privately held businesses. In addition, we are the largest provider of Single Audit services in the nation. For more information about CLA,visit www.cliftonlarsonallen.com. CLA has more than 90 locations across the United States and has a staff of 3,600 professionals, including more than 500 principals. Location from Which Work will be Performed $ WI oze.. s Your engagement will be managed from our Minneapolis, Minnesota office. The U location of the office is as follows: [ o fio c CliftonLarsonAllen LLP a. ; I 1 t 1 .. 220 South Sixth Street : I I i Minneapolis, Minnesota 55402 Q m •I ' Size of Minneapolis Office w I I12I No. of No.of Position Employees CPA's Principals 88 74 Sr. Manager/Director 53 25 Managers 73 40 Seniors 76 30 Staff 110 19 Para Professional 30 0 Support Staff 34 0 Others 2 0 , ©2014 CliftonLarsonAllen LP CliftonLarsonAllen 4 Number and Nature of Staff to be Employed A breakdown of the personnel to be employed in this engagement is included in the chart below: Level Number on Engagement Full Time or Part Time Principal 2 1 full time; 1 part time Manager 2 2 Full time Senior 1 Full time Staff 3 3 full time Continuity of staffing CLA prides itself on being a career building firm, which means professionals have the ability to set their own career path. By allowing our professionals to set their own career paths, this ensures the City and the Relief Association that your engagement team is dedicated and passionate about your organizations. This also gives CLA the privilege of having a turnover rate of 12 percent compare to the average turnover rate for the accounting industry as a whole of 23 percent.The extremely low turnover rate allows us to provide engagement team staffing that is consistent from year to year which reduces the amount "training"time your staff may have to do and everyone can focus on working towards the goals and objectives of the engagements. Thought Leadership and Industry Information CLA goes beyond the numbers and offers value-added solutions. Rest assured, you will hear from us throughout the year. We send periodic email publications and host webcasts to keep clients and friends of the firm informed of relevant industry updates. We also conduct a full day training seminar geared towards local government officials in March of each year and a full day training session geared towards nonprofit entities in June each year. Our Governmental Services Team CLA's government audit staff includes more than 600 professionals. Because we have such a large governmental audit practice, every member of your engagement team will have governmental audit experience. These individuals serve governmental entities throughout the country including many cities. Additionally, we have access to firm-wide experts and resources as needed to fulfill the requirements of the contract. Our process in staffing client engagements is to use staff with greater experience to ensure high quality. All personnel assigned to the engagement will specialize in the area they are to complete and will have experience serving clients with very similar issues. With this planning process and working together, the additional burden on the City's personnel will be minimized. CLA has one of the largest governmental audit and consulting practices in the country, serving over 1,700 governmental engagements nationwide. Our firm has over 500 federal, state and local government clients including various organizations with structures, sizes and challenges similar to the City and Relief Association. The City and Relief Association will be served by members of our firm's local governmental services team (see below), comprised of professionals dedicated to serving governmental clients. Public sector clients represents approximately one-third of all firm-wide revenue, and each of the members of the government services team is thoroughly versed in the issues critical to complex governmental entities such as the City of Eden Prairie and the Eden Prairie Firefighter Relief Association. Specifically, members of your proposed engagement team have effectively completed audits of numerous governmental clients and nonprofit entities. ©2014 CliftonLarsonAllen LLP 1CliftonLarsonAllen 5 CliftonLarsonAllen is the alliance of Clifton Gunderson and LarsonAllen, two peer firms which were both dedicated to the public sector prior to merging in January 2012. As a result of the merger, CLA has an even more concentrated focus on the public sector industry and the resources available to our public sector clients have grown exponentially. Current clients have only benefited from the recent merger and there have been no negative impacts to client services as a result of the merger. Our Minnesota staff is multi-disciplined and many have both assurance and tax experience.The staff assigned to the City's audit engagement all have assurance experience, with the principals and managers assigned primary expertise being assurance services. Additionally, we have two full-time employees in our national office that are focused on keeping professionals of CLA informed on the latest news and legislative information pertaining to the public sector accounting and auditing arena through memos, periodic webcasts, and annual national trainings.They are available for technical consultations throughout the engagement as needed. The single-most important factor in our firm's success over the past 50 years has been our uncompromising commitment to the highest standards of quality and professionalism. Providing quality service to our clients is our sole focus, and we have developed review procedures and communications to foster high standards of performance. The firm's operating philosophy differs from many other large CPA firms. We are dedicated to the public sector practice. Over 600 of our employees across the nation are solely concentrated in serving local, state and federal public sector agencies. We serve our clients through close personal involvement by all our principals, senior managers, and experienced professional staff. The engagement team's focus on public sector auditing gives our clients a knowledgeable audit team able to provide: • A smooth transition on new audits. • An efficient audit reducing the time requirements of the City. • Timely responses to technical questions year-round. • Valuable management advice year-round. Peer Review We have included a copy of CliftonLarsonAllen's most recent peer review report, in Appendix A: Peer Review Report. Federal or State Desk Reviews CLA has been subject to several federal and state desk reviews by federal and state oversight agencies during the past three years performed in the normal course of business as part of oversight procedures by these agencies. In addition, our federal government financial statement audits are subject to review by each agency's Office of Inspector General, as well as the U.S. Government Accountability Office. We have had no disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 6 Use of subcontractors/ minority firms We do not anticipate using any subcontractors during this engagement. No subcontracting will be allowed following the award of the audit contract without the express prior written consent of the City. CLA is not a joint venture or consortium. If the City or Relief Association desires participation of a minority firm on this audit engagement,we are open to discussing this matter. Rotation Policy CLA does not have a required rotation policy on clients for principals and management. Should the City or Relief Association have its own required rotation policy,we have the depth to provide such rotation. Staff Education and Development CLA is committed to making sure our staff remains current on all accounting and auditing standards. All of our professional staff, both CPAs and Non-CPAs, are required to attend a minimum of 40 hours per year of continuing education course. All supervisory personnel have completed in excess of 24 hours of qualified government continuing education coursers every two years. This education is obtained by attending various courses such as our internal assurance conference held annually in Minneapolis, Minnesota, where we cover all significant changes in auditing pronouncements, accounting principles, independence requirements, single audit requirements and other government related matters. This conference is supplemented with other government related courses provided through Government Finance Officers Association (GFOA), the American Institute of Certified Public Accountants (AICPA) and local State Societies of Certified Public Accountants where we concentrate on education specific to governmental auditing and especially to single audits. Our Government Services Team has a number of GFOA Reviewers who participate as reviewers in connection with the GFOA Certificate Achievement for Excellence in Financial Reporting. See Section 5 for detailed continuing professional education training that each team member has obtained over the past three years. Audit Leadership: Our People Help Set National Audit Standards Our assurance and advisory principals are national leaders on several standard-setting bodies. Several have assisted with the writing of AICPA practice and audit guides specifically for nonprofit organizations, chaired technical boards, and lead state CPA organizations. Many of our professionals gather client thoughts and submit responses to the Financial Accounting Standards Board. As participants in these state and national standard- setting bodies, our professionals are on the cutting edge of new developments that affect you. Our work in these emerging areas gives you an advantage in planning ahead. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 7 5. PRINCIPAL, SUPERVISORY/STAFF QUALIFICATIONS & EXPERIENCE The professionals at CLA operate as a team. We have found that the best way to thoroughly meet the needs of our clients is to work together, utilizing each other's areas of specialty. Our principals and managers stay closely involved with all of our clients so you know your engagement will be handled with the highest degree of accuracy and professionalism. The charts to follow provide an overview of the experience and qualifications of the key members of the City and the Relief Association's engagement team. ©2014 CliftonLarsonAllen LLP . CliftonLarsonAllen 8 Doug Host, CPA Position Engagement Principal Functional Responsibility Doug will oversee all engagement responsibilities for the City and Relief Association. Professional Certifications • Certified Public Accountant, licensed in Minnesota Professional Affiliations • Minnesota Government Finance Officers Association • National Government Finance Officers Association • American Institute of Certified Public Accountants, member • Minnesota Society of Certified Public Accountants, member Education • Bachelor of Science,Accounting,St.Cloud State University, Minnesota Years of Experience 23+ Relevant Experience Doug has provided audit, accounting and consulting services to government audits for all the years of his professional career, including 12 years with the Minnesota Office of the State Auditor (OSA). He was a member of the OSA's GASB Statement No. 34 implementation committee and a frequent presenter at OSA training sessions. This unique combination of having significant public accounting experience as well as hands- on, in-the-trenches experience allows clients to access a broader, more in-depth range of resources and consulting services than may otherwise be true. Doug graduated from St. Cloud State University with a Bachelor of Science degree in accounting. He is licensed by the Minnesota State Board of Accountancy, and is a member of the American Institute of Certified Public Accountants (AICPA). As an experienced presenter at workshops and events hosted by CliftonLarsonAllen (and previously the OSA), Doug draws on his vast experience as an auditor to relate the technical aspects of auditing to the everyday, practical aspects of working in a city.A sampling of his government clients include: • Todd County Soil and Water Conservation District • Beltrami County • City of Baxter(GFOA Certificate Program-CAFR) • City of Bigfork • City of Hastings(GFOA Certificate Program-CAFR) • City of Kimball • City of Menahga • City of Minnetonka(GFOA Certification Program—CAFR) • City of Moose Lake(including HRA of Moose Lake and Water&Light Commission of Moose Lake) • City of Paynesville • City of Pequot Lakes • Kanabec County • Mower County Housing&Redevelopment Authority • Pine County • Rice County(GFOA Certificate Program—CAFR) • Todd County • Washington County(GFOA Certificate Program-CAFR) • Wright County Relevant Continuing • MN government agencies internal training Professional Education • CLA Local Government Training Academy(client seminar,instruct and attend) • Annual A&A updates ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 9 Doug Host Continuing Professional Education Years 2011-2014 _ • Specialized Completion Delivery Accounting Personal Program date Sponsor Name Type &Auditing Ethics Management Development Knowledge& Taxation Total Applications - 2nd Annual Governmental Training Academy Group- IClient) _ 3/4/2011 ILarsonAllen LLP Live 2 Cl 2 0 2 0.5 7 ;2nd Annual Governmental Training Academy- Instructor-Step-By- Step Procedures for GASB No.54 LARSONALLEN LLP- Implementation 3/14/2011 IVASBA#108081 Teaching 3 0 0 0 0 0 3 Leadership Update- Delivering Client Impact-May Group- (EdCast) 5/23/2011 LarsonAllen LLP (Live 0 0 0 2 0 0 2 A&A Update-May Group- (EdCast) 5/23/2011 LarsonAllen LLP Live 2 0_ 0, 0 0- 0 2 NPG Virtual Group- Conference 6/7/2011 LarsonAllen LLP Live 0 iI 5.5 2.5 0 0 8, Ethics&Professional Conduct for CPAs (Workbook)[QAS] 6/28/2011 Western CPE Self Study 0 4 0 0 0 0 4 A&A Update-July Group- (EdCast) 7/18/2011 LarsonAllen LLP Live 2 0 0 0 0 0 2 PERFORMING EFFECTIVE AND EFFICIENT SINGLE PPC-NASBA Group- AUDITS 11/2/2011 #103166 Live 8 0 0 0 0 0. 8 ANNUAL GOVERNMENTAL GFOA-NASBA Group- GAAP UPDATE 11/3/2011#103133 Live 4 0 0 0 0 0 4 A&A Update- CliftonLarsonAllen Group- January(EdCast) 1/16/2012 LLP(NASBA#108081) Live 2 0 0, 0 0 0 2 Client-3rd Annual Government Training CliftonLarsonAllen Group- Academy 3/2/2012 LLP(NASBA#108081) (Live 5 0 1.5 Cl 1.Si 0 8 A&A Update-May CliftonLarsonAllen Group- (Webcast) 5/7/2012LLP(NASBA#108081) Live 2 0 0 0 0 0 2 Ethics a€"Integrity,A Foundation for Becker Professional Success 6/24/2012 Education Self Study 0 1.5 0- 0 0 0 1.5 Audit&Analytical Uses for Excel Filters &Tables(Workbook) [QAS] , 6/25/2012 Western CPE Self Study 1 Li 0 0 0 U 1 ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 10 Doug Host(continued) 1 r Specialized Completion Delivery Accounting Personal Program Sponsor Name Ethics Management Knowledge& Taxation Total date Type &Auditing Development Applications CLA Audit CliftonLarsonAllen Methodology LLP(NASBA Group {Minneapolis 2) 10/4/2012#108081) Live 5 0 0 ri 0 0 8 Clifton LarsonAllen Single Audit Binder LLP(NASBA Group Training-Brainerd 10/19/2012#108081) Live .5 0 0 0 0 0 1.5 MNCPA AUDITS OF LOCAL GOVERNMENT Gro up CONFERENCE 10/22/2012 MNCPA live 0 1 0 0 ❑ 0 7 STANDARDS UPDATE:SAS, GASB,AND YELLOW BOOK(MN CPA AUDITS OF LOCAL GOVERNMENTS CONFERENCE) 10/22/2012 MNCPA Teaching 3 El 0 0 0 Li 3 State and Loa l CliftonLarsonAllen Government LLP(NAS&A Group- Virtual Conference 11/1/2012#103081) Live 8.5 0 0.5 0• 0, 0 91 Fraud,Prevalence CliftonLarsonAllen and Detection LLP(NASBA Group (Webcast) 11/7/2012141008081) Live 2 0 0 0 0 O. Clifton LarsonAllen A&A Standards LLP(NASBA Group- Update(Webcast) 12110/201211108081) Live 2 0_ 0 0 0 Ei Outsourcing:CLA Policies and Procedures for Compilations and Management-Use Only Financial CliftonLarsonAllen Statements LLP(NASBA Group- (We6cast) 12/20/2012 fi103081) Live 2 0 0 0 0 0 2 CLA Fourth Annual Government CllftonlarsonAllen TrainingAtaderny LLP(NASBA Group- (Minneapolis) a/1/2013#108O81) Live 2 0 2 0 C ❑ 4 Assurance CliftonLarsonAllen Quarterly Update- LLP(NASBA Group- May(Webcast) 5/6/2013 11108081) Live 2 0 0 0 0 0 2 Single Audit Primer Self (Workbook)[OAS] 6/23/2013 Western CPE Study 4 0 0 1) 0 0 4 Audit Engagement Wrap-up without Blowing the Budget Self (Workbook)!cos] i1/2312013 Western CPE Study 3 0 0 0 0 0 3 PSG Pre- CliftonLarsonAllen Conference:Single LLP(NASBA Group• Audit Update 7/8/2013 4108081) Live 1 Cl. 0 0 0 0 1 PSG Pre- Conference:Risk Management&CLA CliftonLarsanAllen Methodology LLP(NASBA Group- Update 7/8/2013#1180E11) Live 1 0 0 0, 0 0 1 ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 11 Doug Host(continued) _ - Specialized Completion Delivery Accounting Personal Prom date Sponsor Name Type &Auditing Ethics Management Development Knowledge& Taxation Total Applications Audit:Information Technology CliftonLarsonAllen Considerations LLP(NASBA Group• {Webcastl 10/4/2013#108081) Live 2 0 0 0 0 U 3a Assurance:Taking Engagement Managementta CliftonLarsonAllen the Next Level LLP{NASBA Group- (Webrast) 10/4/201341080811 Live 2 ❑.. u 0 0 0 2 MN CPA AUDITS OF LOCAL GOVERNMENT Group- CONFERENCE 10/21/2013 MNCPA Live 6.5 1 0 0 0 0 7.'; MNCPA AUDITS OF LOCAL GOVERNMENT CONFERENCE• PRESENTER 10/21/2013 MNCPA ,Teaching _ 4.5 0 0 U 0 0 4.5 Risk Management Update CliftonLarsonAllen Rebroadcast(St. LLP(NASBA Group Cloud) , 10128/2013#1{808J.) Live 0 0 1 0 U 0 1 Independence Update CliftonLarsonAllen Rebroadcast)5t. LLP(NASBA Group- CJoud) 10/28/2013#108081) Live 2 0 0 0 0 0 CliftonLarsonAllen HUD Update LLP)NASBA Group- (Brainerd) 11/12/2013#108081) Live 3 Cl El q 0 U 3 Assurance:Review Responsibilities, Procedures and CliftonLarsonAllen GOF1leRoom LLP)NA5BA Group- (Webcastl 12/16/2013 4108°81) Live 2 0 0 0 0 0 2 Assurance Quarterly Update• CliftonLarsonAllen January 2014 LLP(NASBA Group- )Webcast) 1/6/2014 4108081) Live 2 0 0 0 0 0 2, CPAs and Self Independence 5/4/2014 PASS Online Study U 1 0 0 0 0 1 Assurance CliftonLarsonAllen Quarterly Update- LLP(NASBA Group- C1Z(Webcest) 5/5/2014#108081) _Live 2 0 0 0 0, 0 2 Concluding and Reporting in a Single Audit CliftonLarsonAllen Environment LLP(NA5BA Group- (Webcast) 5/7/20142#108081) Live 2 0 0 0 0- 0 2 CllftonLarsonAllen PSG Virtual LLP)NASBA Group- Conferenee 7/15/2014#108081) Live 2 0 .3 0 0.5 0 53 Assurance ClittonLarsonAllen Quarterly Update• LLP{NASBA Group- O.3(Webcast) 8/4/2014 4108081) Live 2 0 0 0 0 0 2 TOTAL 109.5 8.5 15.5 4.5 4 0,5 143 ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 12 ❑arwin Viker,CPA Position Quality Review Principal Functional Responsibility Darwin will ensure that all attestation standards are met, and to have "another set of eyes"on the work. Professional Certifications • Certified Public Accountant, licensed in Minnesota Professional Affiliations • AICPA Technical Issues Committee • Minnesota Association of School Business Officials, member •• Served on various accounting committees established by the Minnesota Department of Education • American Institute of Certified Public Accountants, member • Minnesota Society of Certified Public Accountants, member • Governmental Accounting and Auditing Committee, Minnesota Society of Certified Public Accountants Education _Bachelor of Science,Accounting,St.Cloud State University Years of Experience 25+ Relevant Experience Darwin has extensive governmental auditing and accounting experience, and oversaw all governmental engagements out of the Austin office, including school districts, education districts, cooperative education districts, and charter schools. Darwin is currently a principal in the A&A Quality Assurance group, performing quality reviews of governmental assurance and accounting engagements. Throughout Darwin's career, he has been a frequent presenter at various events including MASBO events, the ESV Region IV annual spring conferences,and in-house seminars. Relevant Continuing • MN Society of CPAs School District Audits Conference Professional Education • MN Society of CPAs Local Government Audit Conference • MN School Districts internal training • Government Training Academy(client seminar,instruct and attend) • Annual A&A updates ©2014 CliftonLarsonAllen LLP ,iA CliftonLarsonAllen 13 Darwin Viker Continuing Professional Education Years 2011—2014 _ Specialized Completion Delivery Accounting Personal Program Sponsor Name Ethics Management Knowledge& Taxation Total date Type &Auditing Development Applications 2nd Annual Governmental Training Academy Group- IClient) 3/4/2011 LarsonAllen LLP ,Live 3.5 0 2_ 0 2 0.5 8 Coaching for Performance& Development Group- (Owatonna) 5/20/2011 LarsonAllen LLP Live 0 0 3_ 0 0 0 3 A&A Update-May Group- (EclGast) 5/23/2011 LarsonAllen LLP Live 2 ❑ 0 C' Cl 0 2 NPG MN School LARSONALLEN LLP- Group- District Update 6/1/2011 NASBA#108081 Live 7 0 Cl U 0 0, 7 MNCPA SCHOOL DISTRICT AUDITS MINNESOTA Group- CONFERENCE 6/6/2011 SOCIETY OF CPAS Live 6 0 0 0 0 U 6 NPG Virtual Conference- Participation credit Group- for instructors 6/7/2011 LarsonAllen LLP Live 0 0 4 2.5 0 0 6.5 NPG Virtual Conference 6/7/2011 LarsonAllen LLP Teaching 0 0 3 0 0 0 3 Ethics- Understanding and Applying the AICPA Code of Becker Professional Professional Conduct 6/17/2011 Education Self Study 0 1.5 0 0 0 0 1.5 A&A Update-July Group- (EdCast) 7/18/2011 LarsonAllen LLP Live 2 0 0 0 0 0 2 A&A Update- Group- October(EdCast) 10/31/2011 LarsonAllen LLP Live 2 0 0 0 0 0 2 PERFORMING EFFECTIVE AND EFFICIENT SINGLE PPC-NASBA Group- AUDITS _ 11/2/2011#103166 Live 8 0 0 0 0 0, 8 A&A Standards Update(Southern Group MN) 11/21/2011 LarsonAllen LLP Live B 0 0 ❑ 0 0 S Clifton LarsonAllen A&A Update- LLP(NASBA Group- January(EdCast) 1/16/2012'4108081) Live 2 0 0 0 0 0 2 Client-3rd Annual CliftonLarsonAllen Government LLP(NASBA Group- Training Academy 3/2/2012#108081) Live 4 0 1.5_ 0 1.5 Cl 7 CliftonLarsonAllen A&A Update-May LLP(NASBA Group- (Webcast) 5/7/2012#108081) Live 2 0 0 0 0 0 2 Participant Credit for Instructors- NPG MN School CliftonLarsonAllen Districts Update LLP(NASBA Group- (Minneapolis) 5/31/2012#108081) Live 7 0 0 ri 0 0 7 ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 14 Darwin Viker(continued) Specialized T Completion Delivery Accounting Personal Program Sponsor Name Ethics Management Knowledge& Taxation Total date Type &Auditing Development Applications MN CPA SCHOOL DISTRICTS AUDITS Group- CONFERENCE 6/4/2012 MNCPA Live 7 1 u 0 0 0 8 Independence a€" Becker Historical Insights Professional andToday's Rules 6/18/2012 Education Sell-Study 0 4 0 0 0 0 4 Cli FtonLarsnnAl le n Risk Management LLP(NASBA Group• Update(Webcast) _ 8/27/2012#108081) Live 0 0 1 0 0 it 1 Impact of Healthcare Reform CliftonLarsonAllen on Employers LLP(NASBA Group (Webcast) 9/7/2012#108081) Live 0 0 1 0 1 0 2 The Clarity Auditing Standards and Group Audits: An Explanation and CliftonLarsonAllen Analysis(Group LLt(NASBA Group- Live Webcast) 10/1/2012#108081) Live 2 0 0 0 LI il_ 2 SSL:Excel Update; Generational Differences CliftonLarsonAllen (Southern LLP(NASBA Group- Minnesota) 10/12/2012#108081) Live 0 0 0 2• 0 0 2 State and Loral CliftonLarsonAllen Government LLP(NASBA Group- Virtual Conference 11/1/2012 0108081) Live 8-5_ 0 0.5 0, ❑_ 0, 9 Fraud,Prevalence CliftonLarsonAllen and Detection LLP(NASBA Group- (Webcast) 11/7/2012#108081) Live 2 0 0 0 0 0 2 CliftonLarsonAllen A&A Standards LLP(NASBA Group Update(Webcast) 12/10/2012#1080]81) Live 2 0.1 0 0 0 0 2 CLA Fourth Annual Government Training Academy- participant credit CliftonLarsonAllen farinstructors LLP(NASBA Group- (Minneapolis) 3/1/2013#108081) live 3 1 4 0, 0 0 8 MN School Distinct CliftonLarsonAllen Update LLP(NASBA (Minneapolis) 5/30/2013#108081) Teaching 3 0 r1• «, 0 0 3 What Can Go Wrong,Often Does Professional Ethics CliftonLarsonAllen Violations in Single LLP(NASBA Group Audits(Wet cast) 6/27/2013#108081) Live 2 ❑ 0 lU 0 Cl 2 PSG Pre- Conference:GASB CliftonLarsonAllen No.63/65 and LLP;NASBA Group- Pension Plans 7/8/2013#108081) Live 1 0 ii 0 U 0 1 PSG Pre- CliftonLarsonAllen Conference:Single LIP(NASBA Group- ' Audit Update 7/8/2013#108081) Live 1 0 0 0 0 Cl 1 ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 15 Darwin Viker(continued) Specialized Completion Delivery Accounting Personal Program date Sponsor Name Type &Auditing Ethics Management Development Knowledge& Taxation Total Applications PublicSector CliltontarsonAllen Industry tLP(NASBA Group- Conference 7/1.0/2013 4108081) Live _ 0 0 I.0 0 0 0 15 Audit:Information Technology i Considerations CliftonLarsonAllen Rebroadcast LLP{NASSA Group- {Southern MNl 10/18J2013 41080E11j Live 2 ❑ (1 0 0 02 Assurance:Taking _ Engagement Management to the Next Level CliftontarsonAllen Rebroadcast LLP(NASBA Group- (Southern MN) 10/18/2013 4108081) Uve 2 0 0 0 0 0 2 CliftonLarsonAllen Risk Management LLP(NASSA Group- Update(Webcast) 10/21/2013 4108081) Uve 0 0 1 C] 0 0 1 CllftonLarsonAllen Independence LLP(NASSA. Group- Update(Webcast) 113/21/2013 4-108083) Live 2, ❑ n Li 0. 0 2 Assurance:Review Responsibilities, Procedures and CliftonLarsonAllen GoFlleRoom LLPINASBA Group- (Webcast) 12/16/2013#108081) Live 2. 0 0 0 0 0 2 Assurance Quarterly Update- CllftontarsonAl l e n January 2014 LLP(NA59A Group- (Webrast) 1/6/2014#108081) Live 2 0 [J 0 0 Ci_ 2 New 2013 Data CllftonLarsonAllen Collection Form LIP(NASSA Group- (Southern MN) 1/17/2014 4108081) Live I 0 0, 0 0 17 1 Group Audit CliftonLarsonAllen Considerations LLP(NASSA Group- {Webeast) 2/5/2014 4108081) Live 2 0 0 0 n 0 2 CIA Fifth Annual CllftonLarsonAllen Government LLP(NASBA Group- Training Academy 3/7/2014 4108081) Live 3 CL 1 0 3 1 8 Assurance CliftonLarsonAllen Quarterly Update- LLP(NASCIA Group- C12 R Webcastl 5/5/2014 4108081) Live 2 Ci f] 0 0 0 2 CliftonLarsonAllen Minnesota School LLP INASBA Distrid Update S/29/2014#10#081) Teachini 7.n [l -_ ii Cl 0 Cl 7.5 Participant Credit for Instructors: CliftonLarsonAllen Minnesota School LLP{NA5BA Group- District Update 5/29/2014 4108081) Live 5.5 0 0 0 0 [1 5.5 CliftonLarsonAllen PSG Virtual LLP(NA5BA Group- Conference 7/16/2014 4108081) Live 4 i] 3.5 0 0.5 0 B TOTAL 1201 7.5 41,5 4.5 8 1.5 183 ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 16 Christopher G. Knopik,CPA,CIE Position Audit Manager Functional Responsibility Chris will manage all fieldwork personnel and resolve any technical and reporting issues for the City and the Relief Association. ' Professional Certifications Certified Public Accountant, licensed in Minnesota; Certified Fraud Examiner (national certificate) Professional Affiliations • American Institute of Certified Public Accountants, member • Minnesota Society of Certified Public Accountants, member • Minnesota Government Finance Officers Association, member • Association of Certified Fraud Examiners,member Education • Bachelor of Science in Accounting, Bemidji State University, Minnesota _ Years of Experience 11 Relevant Experience Chris works exclusively with state and local government clients (including: cities, towns, counties,colleges and universities, and special districts)and has extensive experience with A-133 single audits of federal grant programs. Chris is also a reviewer for the GFOA Certificate of Achievement for Excellence in Financial Reporting program. A sampling of his governmental clients include: • City of Anoka(GFOA award recipient) • City of Avon • City of Delano • City of Watertown,including Fire Relief Association • City of Hastings(GFOA award recipient),including Fire Relief Association • City of Stillwater(GFOA award recipient) • City of Mahtomedi (GFOA award recipient) • City of Moose Lake(including HRA and Water and Light Commission) • City of Lino Lakes(GFOA award recipient) • Human Services of Faribault&Martin Counties • Minnesota State Colleges and Universities • Mower County(including HRA) • Rice County(GFOA award recipient) • Washington County(GFOA award recipient) • White Bear Township(GFOA award recipient) Relevant Continuing • Federal Single Audit Internal Training Professional Education • CLA Local Government Training Academy • Annual A&A updates ©2014 CliftonLarsonAllen LLP : CliftonLarsonAllen 17 Christopher Knopik Continuing Professional Education Years 2011-2014 Specialized Completion Delivery Accounting Personal Program Sponsor Name Ethics Management Knowledge& Taxation Total date Type &Auditing Development Applications 2nd Annual Governmental Training Academy Group- (Client) 3/4/2011 LarsonAllen LLP Live 3.5 0 2 0 2 0.5 8 Leadership Update- Delivering Client Impact-May Group- (EdCast) 5/23/2011 LarsonAllen LLP Live D 0 0 2 0 0 2 A&A Update-May Group- (EdCast) 5/23/2011 LarsonAllen LLP Live 2 0 0 0, 0 0 2 NPG Virtual Group- Conference 6/7/2011 LarsonAllen LLP Live 0 0 5.5 2.5_ 0 0 8 A&A Update-July Group (EdCast) 7/18/2011 LarsonAllen LLP Live 2 0 f] 0 0 0_ 2 A&A Standards Update-General Group- (Minneapolis) 10/24/2011 LarsonAllen LLP Live 8 0 0 0 0 0 8 LarsonAllen Culture &Strategies (Minneapolis,So. Group- MN and Eau Claire) 10/28/2011 LarsonAllen LLP Live 0 0 0 8 0, 0, 8 A&A Update- Group- October(EdCast) 10/31/2011 LarsonAllen LLP Live 2 0 0 0 0 0 2 PERFORMING EFFECTIVE AND EFFICIENT SINGLE PPC-NASBA Group- AUDITS _ 11/2/2011 #103166 Live 8 0 0 [J 0 u 8 Ethics& Professional Conduct for Minnesota CPAs lWorkbook)[OAS] 12/12/2011 Western CPE Self Study 0 8 0 0 0 0 8 Too Good to Be True:Recognizing Investment Fraud before It's Too Late (Workbook)[QAS1 12/12/2011 Western CPE Self Study 0 0 0 D. 16 0 16 CliftonLarsonAllen A&A Update- LLP(NASBA Group- January(EdCast) 1/16/2012#108081) Live 2 0 - 0 0 0 0 2 Client-3rd Annual CliftonLarsonAllen Government LLP(NASBA Group- Training Academy 3/2/2012#108081) Live _ 5 0 1.5 0 1.5 0 8 The Clarity Auditing Standards and Group Audits:An Explanation and CliftonLarsonAllen Analysis(Group LLP(NASBA Group- Live Webcast) 10/1/2012#108081) Live _ 1.5 U 0 0 ❑ 0 1.5 CLA Audit CliftonLarsonAllen Methodology LLP(NASBA Group- (Minneapolis 2) 10/4/2012.#108081) Live 8 0 0 0 0 0 8 CliftonLarsonAllen Single Audit Binder LLP(NASBA Group- !Training-Brainerd 10/19/2012#108081) Live 1.5 0 0 o 0 0 1.5 ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 18 Christopher Knopik(continued) Completion delivery Accounting Personal Specialized Program date Sponsor Name Type &Auditing Ethics Management development Knowledge& Taxation Total Applications State and Local CliftonLarsonAllen Government Virtual LLP(NASBA Group- Conference 11/1/2012#108081) Live 8.5 0 ❑.5 0 0 0 9 Fraud,Prevalence CliftonLarsonAllen and Detection LLP(NASBA Group- (Wehcast) 11/7/2012#108081) Live 1.5 n 0 0 0 ❑ I.5 Accountants' Responsibilities Regarding Fraud, Becker Professional Part 1 11/30/7012 Education Self Study 2 ii 0 ❑ 0 0 Outsourcing;CIA Policies and Procedures for Compilations and Management-Use Only Financial CliftonLarsonAllen Statements LLP(NASBA Group- (Webcast) 12/20/2012 tl108081) Live 2 ii 0 0 0 0 2 CLA Fourth Annual Government Training Academy- participant credit CliftonLarsonAllen for instructors LLP(NASBA Group- (Minneapolis) 3/1/2013#108081) Live 3 0 4 0 Ci 0 7 CLA Fourth Annual Government CliftonLarsonAllen Tral ning Academy LLP(NASBA (Minneapolis) 3/1/2013#108081) Teaching 0 3 Cl 0, 0 0 3 What Can Go Wrong,Often floes- Professional Ethics CliftonLarsonAllen Violations in Single LLP(NASBA Group- Audits(Webcast) _ 6/27/2013#108081) Live 2 0 0 0 0 0 2 PSG Pre• Conference!GASB CliftonLarsonAllen No.63/65 and LLP(NASBA Group- Pension Plans 7/8/2013 810E081) Live 1 0 0 0 0 0 1 PSG Pre- Confe rence:Group CliftonLarsonAllen Audits for LLP(NASBA Group- Government 7/8/2013#108081) Live 1 0 0 0 0 0 ] PSG Pre- CliftonLarsonAllen Conference:Single LLP(NASBA Group- Audit Update 7/8/2013 4108081) Live 1 0 [i 0 0 0 1 PSG Pre- Conference;Risk Management&CIA CliftonLarsonAllen Methodology LLP(NASBA Group- Update 7/8/201311108081) Live 1 0- 0 ❑ 0 0 1 Public Sector CliftonLarsonAllen Industry LLP(NASBA Group Conference 7/10/20131110E081) love 0_ 0 16 0 Li 0 16 Exploring the Impact of the Minnesota Sales CliftonLarsonAllen Tak Legislation LLP(NASBA Group- (Minneapolls) 7/18/2013#108081) Live Ci (7 ❑_ Cl 0 1.5 1.5 Fraud III:Auditing 12/6/2013 MicroNiash Self Study 8 01 0 0 0 0 8 ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 19 Christopher Knopik(continued) _ _ ^ Completion Delivery Accounting Personal Specialized Program date Sponsor Name Type &Auditing Ethics Management Development Sponsor & Taxation Total Applications CliftonlarsonAllen P5G Fraud Update LLP(NASBA Group- (Webcast) 12/10/2013#108081) Live _ 3.5 U 6 0 U 0 3.5 Group Audit CliftonLersonAllen Considerations LLP(NASBA Group- (We bust) 2/5/2011#108081} Live 2 0 0 0 6 0 2 Participant Credit forinstructars CIA Fifth Annual CliftonLarsonAllen Government LLP(NASBA Group- Tralning Academy 3/7/2014#108081) Llve 3 0 1 3 2 1 11 Assurance Quarterly Update- CliftonLarsonAllen Q2(Group Internet LLP(NASBA Group Based) 5/5/2014#108081) Live 2 [1 0 U 0• 0 Higher Education CliftnnLarsonAllen Training LIP(NASBA Group• tPhlladelphia) 5/6/2014 4108081) Live 6 I) 0 6 o U n Concluding and Reporting In a Single Audit Environment Cli ftonLarso nAllen lGroup Internet LLP(NASBA Group Based 5/7/2014 4108081) Live 2 0 0 ❑ a 0• 2 CliftonLarsnnAllen PSG Virtual LLP(NASBA Group- Conference 7/16/2014 4108081) Live 4 0] 3.5 0.5 0.5 6 8.5 Assurance CllttonLarsonAllen Quarterly Update• LLP(NASBA Group Q3(We bcast) 8/4/2014#108081) LIve 2 11 0 U 0 0 2 TOTAL 99 11 34 16 23i 3 186 ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 20 John Lorenxini,CPA Position Manager Functional Responsibility John will assist in the day-to-day audit tasks for the City and the Fire Relief Association. Professional Certifications Certified Public Accountant, licensed in Minnesota Professional Affiliations • Minnesota Government Finance Officers Association, member • American Institute of Certified Public Accountants, member • Minnesota Society of Certified Public Accountants, member Education Bachelor of Science,Accounting,St.Cloud State University Years of Experience 6 Relevant Experience John has experience in public accounting and works exclusively with governmental clients including: • Prior Lake-Savage Area Schools(ASBO award recipient) • Roseville Area Schools • Eden Prairie Schools(ASBO award recipient) • Hopkins Public Schools(ASBO award recipient) • City of Cottage Grove(GFOA award recipient) • City of Hopkins(GFOA award recipient) • City of Hastings(GFOA award recipient) • City of Minnetonka (GFOA Certification Program—CAFR) Relevant Continuing • Single Audit Training Professional Education • Yellow Book Training • MN School Districts internal training • CLA Government Training Academy • Government conference internal training • Annual A&A updates • ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 21 John Lorenzini Continuing Professional Education Years 2011-2014 Specialized Completion Delivery Accounting Personal Program Sponsor Name Ethics Management Knowledge& Taxation Total date Type &Auditing Development Applications 2nd Annual Governmental Training Academy Group- (Client) 3/4/2011 LarsonAllen LLP Live 3.5 0 2 0 2 0.5 8 N PG MN School Districts Update Group- (Minneapolis) 6/1/2011 LarsonAllen LLP Live 8 0 0 0 0 0 8 Getting the Most from Your Audit Interviews Self (Workbook)(QAS] 6/16/2011 Western CPE Study 4 0 0 0 ❑ 0 4 Client-3rd Annual CliftonLarsonAllen Government LLP(NASBA Group- Training Academy 3/2/2012#108081) Live 5 0 1.5 0 1.5 0 8 USING IDEA TO TEST FOR COMPLETENESS INAGENERAL IDEA-NASBA Group- LEDGER FILE 3/26/2012#106047 -Live 0 0 ❑ 0 1 I The Yellow Book Interpreted Self (Workbook)1QAS] 5/30/2012 Western CPE Study 14 0 0 0 0 0 14 NPG MN School CliftonLarsonAllen Districts Update ILLP(NASBA Group- (Minneapolis) 5/31/2012#108081) Live 8 0 0 0 0 0 8 _ SSL:Performing an CliftonLarsonAllen TOMB A-133 Audit LLP(NASBA Group- (Minneapolis) 6/1/2012#108081) Live 6 0 0 0 0 0 6 CliftonLarsonAllen Nonprofit Virtual 1 LLP(NASBA Group- Conference 6/12/2012 i#108081) Live 3.5 0 3.5 0 1.5 0.5 9 Ethics& ~ Professional Conduct for Minnesota CPAs Self (Workbook)(QAS] _ 6/12/2012 Western CPE Study 0 8 ❑ 0 0 0 3 IDEA Data Analysis CliftonLarsonAllen Software LLP(NASBA Group- (Minneapolis) 6/14/2012#108081) Live 0 0 0 (] 7 0 7 CLA Audit CliftonLarsonAllen Methodology LLP(NASBA Group- .(Minneapolis 3) :10/5/2012#108081) Live 8 0 0 0 Cl, Cl 8 Single Audit Binder CliftonLarsonAllen Training- LLP(NASBA Group• Minneapolis 10/18/2012#108081) Live 1.5 0 0 0 0 0 1.5 Nonprofit Binder CliftonLarsonAllen Training LLP(NASBA Group- (Minneapolis) 10/18/2012#108081) Live 2 0 0 0 0 0 2 State and Local _ CliftonLarsonAllen Government Virtual LLP(NASBA Group- .Conference 11/1/2012#108081) Live 2 0 0 0 0 0 2 ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 22 John Lorenzini(continued) Completion Delivery Accounting Personal Specfalired Program Sponsor Name Ethics Management Knowledge& Taxation Total date Type &Auditing ❑evetopment Applications MN School District CliftonLarsonAllen Update iLP(NASBA (Minneapolis) 5J30/21313 0108081) Teaching 3 0 u Li.. 0 0 3 Participant Credit for Instructors:MN School District CliftonLarsonAllen Update LLP(NASBA Group- (Minneapolis) S/30/2013 1t108081) Live 6.5 0 0.5 0 0 0 7 Capital Gain and Becker Losses:The Professional Self Fundamentals 6/3/2013 Education Study 0 0 0 0 1 1 Fair Value Accounting:An Overview Sell (Workbook)(QASI 6/3/2013 Western CPE Study 10 0 0 0 0 10 LEAP Programming: Experience-June ' (Minneapolis); CliftonLarsonAllen AuditWatch issued LLP(NASBA separately q14/2013 11108081) Teaching 0 ti 0 1S 0 18 CliftonLarsonAllen PSG Fraud Update LIP(NASBA Group- (Webcast) 12/10/20131108081) Live 3.5 0 0 0 0 Li 3.5 CLA Fifth Annual CliftonLarsonAllen Government LLP(NASBA Training Academy 3/7/2034#108081) Teething 3 0 0 0 0 0 3 Participant Credit for Instructors:CIA Fifth Annual CliftonLarsonAllen Government LLP INASBA Group- Training Academy 3/7/2014(t108C181) Live i] 1 0 3 1 7 Risk Assessment Considerations and Procedures for Governments and CliftonLarsonAllen Nonprofits(Group LLP(NASBA Group- Internet Eased) 4/2/2014#108081) Live 1.5 ❑ Cl 0 0 0 1.5 Participant Credit for Instructors: CliflonLarsonAiien Minnesota School LLP(NASBA Group- District Update 5/29/2019 4108081) Live 6.5 0 C1 0 0 0 6.5 CliftonLarsonAllen Minnesota School LLP(!NASBA District Update 5/29/2014 0108081) Teaching 4.5 0 0 0 0 0 4.5 Single Audit CliftonLarsonAllen Overview LLP NASBA (Minneapolis) 5/6/2014#108081) Teaching 3 0 0 0 00 3 New Manager and CliftonLarsonAllen Director Conference LLP(NASBA Group- -ManagerTrack 7/10/2014#108081) Live 0 0 1u.5 4 1.5 0 22 W CliftonLarsonAllen PSG Virtual LLP(NASBA Group- Conference 7/16/2014!#108081) Live 4 0 35 0 0.5 0 8 TOTAL 113 8 28,5 4 36 3 192.5 ©2014 CliftonLarsonAllen LLP • CliftonLarsonAllen 23 Lucas Chase,CPA Position Staff Audit In-Charge Functional Responsibility Lucas will be the day-to-day in-charge for the City and the Relief Association's audit. Professional Certifications Certified Public Accountant, licensed in Minnesota Professional Affiliations American Institute of Certified Public Accountant,member Education • Bachelor of Science,Accounting, Bemidji State University Years of Experience 3 Relevant Experience Lucas has experience in public accounting and works exclusively with governmental clients including: • Wayzata Public Schools(ASBO award recipient) • City of Hastings(GFOA award recipient) • Washington County(GFOA award recipient) • Rice County(GFOA award recipient) • City of Minnetonka(GFOA award recipient) • City of Minnetrista(GFOA award recipient) • City of Stillwater(GFOA award recipient) • White Bear Township(GFOA award recipient) • Western Lake Superior Sanitary District(GFOA award recipient) • Port Authority of the City of St.Paul Relevant Continuing • Single Audit Training Professional Education • Yellow Book Training • MN School Districts internal training • Government conference internal training • Annual A&A updates ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 24 Lucas Chase Continuing Professional Education Years 2012—2014 Specialized Completion Delivery Accounting Program Sponsor Name Ethics Management Knowledge& Taxation Total date Type &Auditing Applications PROFESSIONAL ETHICS:THE AICPA'S COMPREHENSIVE Self COURSE 6/27/2012 AICPA-QAS#013 Study U 8 0 U 0 8 The Clarity Auditing Standards and Group Audits: An Explanation and Analysis CliftonLarsonAllen (Group Live LLP(NASBA Group- Webcast) 10/1/2012#108081) Live I 0 it 0 0 I Single Audit CliftonLarsonAllen Binder Training- LLP(NASBA Group- Brainerd _ 10/19/2012#1020X1) Live 1.5 0 Ll 0 0 1.5 CLA Audit CliftonLarsonAllen Methodology(St. LLP(NASBA Group- Cloud 11 10/23/2012#1n#n8i) Live 7 0 ❑ 0 0 7 State and Local CliftonLarsonAllen Government LLP(NASBA Group- Virtual Conference 11/1/2012 4108081) Live 8.5 0 0.5 0 0 9 Fraud,Prevalence CliftonLarsonAllen and Detection LLP(NASBA Group- (Webcast) 11/7/2012#108081) 'Live 2 0 0 0 0, 2 Assurance EACF and Quality Control Policies& CliftonLarsonAllen Procedures LLP(NASBA Group- tWebcast) 12/14/2012#108081) Live 2_ 0 0 0 0 2 CLA Fourth Annual Government CliftonLarsonAllen Training Academy LLP(NASBA Group (Minneapolis) 3/1/2013#108081) Live 3 1 4 ❑ 0 8 MN School District CliftonLarsonAllen Update LLP(NASBA Group- I (Minneapolis) .5/30/2013#108081) Live _- 7.5 0 0.5 CL 0 8 LEAP:Achieve- Tax Exempt Session- CliftonLarsonAllen Minneapolis LLP(NASBA Group- (June) 6/18/2013 4108081) Live [J 0 0 0 15 15 LEAP:Achieve- Productivity& Prioritization- CliftonLarsonAllen Minneapolis LLP(NASBA Group- (June) 6/19/2013 #108081) Live 01 0 2 0 0 7 ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 25 Lucas Chase(continued) Completion De/ivery Accounting Specialized Program Sponsor Name Ethics Management Knowledge& Taxation Total date Type &Auditing Applications LEAP:Achieve- CLA Profitability- CIlftonLarsonAiien Minneapolis LLP{NASBA Group- {June} 6/19/2013#1080811 Live U 0 2 0 0 2 LEAF:Achieve- I A&ASession- Ciif ton LarsonAllen Minneapolis LLP{NASBA Group- {June) 6/21/20134108681) iIJve 15 it 0 it 0 1S Clifton LarsonAllen PSG Fraud Update LLP{NASBA Group- (Webcast) 12/10/2013#108081) Live 3.5 0 0 0 0 3.5 Assurance Quarterly lJpdata- CliftonLarsonAlien January 2014 LLP{NASBA Group• {Webcasty 1/6/201.411108081) Live 2 c) fl U U 2 CLA Fifth Annual CliftonLarsanAllen Government LIP{NASBA Group Training Academy 3/7/2014#1080811 Live 3 U 1 3 1 8 Concluding and Report]rig in a Single Audit CliftonLarsanAlien Environment LLP{NASBA Group- {Webcast) 5/7/201440108081) Live 2 0 Li 0 U 2 Participant Credit forinstructars- CllftonLarsonAilen Minnesota School LLP(NASBA Group- ❑istrict Update 5/29/2014#108081) Live 8 0 0 0 0 8 TOTAL 66 9 10 3 15 104 ©2014 Clifton LarsonAllen LLP i ; CliftonLarsonAllen 26 Commitment to Staff Continuity We are committed to maintaining staff continuity throughout the engagement, and have one of the lowest staff turnover rates in the industry. In fact, our consistently low staff turnover rate is a key factor in our ability to provide consistent,timely service. We recognize the importance of staff continuity, and have developed several firm wide initiatives to recruit and retain talented professionals. We place high importance on employee work- life balance, and provide our professionals with extensive career and professional development opportunities, as well as dedicated mentoring relationships. In the unforeseen event of staff turnover, we will notify appropriate management as soon as possible. Since changes in key personnel cannot always be prevented, it is important that similar replacements are available. Due to our extensive governmental resources and experience serving entities similar to the City and the Relief Association, we have an abundance of qualified staff to provide high quality service over the term of the engagement. Furthermore, we understand the City and the Relief Association retain the right to approve or reject replacements. In addition, we understand our firm specialists mentioned in response to this RFP can only be changed with the express prior written permission of the City or the Relief Association, who retains the right to approve or reject replacements. Municipal Audit Experience The City and the Relief Association will be served by knowledgeable CPAs who are committed to serving local governments. This is our focus—it is not an "off-season" sideline. Our firm has more than 30 years experience in government auditing. Our experience includes providing auditing and consulting services to 59 Minnesota cities, over 135 Minnesota schools, and various other governmental organizations. In addition to audit services,we have assisted our government organizations with the following services: • Assistance in retaining the Certificate of Achievement for Excellence in Financial Reporting Award • Tax consultation availability for income and payroll related matters • Close monitoring of the ongoing activity of the Minnesota Legislature to keep abreast of the latest legislative intents and proposals in order to be a resource to our clients when they are evaluating the impacts of pending legislation. In addition to involvement at a local level, several principals at CLA are involved at the national level. Anita Supinski is a member of the AICPA State and Local Government Expert Panel. Darwin Viker is a member of the AICPA's Technical Issues Committee, Zone 3. With these national resources we are able to know the impacts of potential standards and communicate to our clients well in advance of implementation. Experience serving governmental organizations CliftonLarsonAllen has a trained group of professionals who focus a significant portion of their time performing audits and tax work for governmental entities including those with compliance requirements under HUD, USDA, EPA and other federal grantors. We provide audit services and tax advice to development agents, housing projects, partnerships, relief associations, and state and local government financing agencies involved with these programs. We are familiar with the related tax regulations and have assisted clients through the life of this process. Our experience includes audit services, tax preparation, and offering advice at the onset through the tax credit period and after the tax credit period. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 27 Our experience in serving cities spans four decades dating back to the 1970's when the National Council on Governments Accounting (NCGA) was formed, through the 1980's Single Audit Act and formation of the Government Accounting Standards Board (GASB) and through the recent GASB Statement No. 34 "re-write" of the government financial reporting model. In this period of years, CliftonLarsonAllen LLP has grown from serving a handful of government clients to more than 1,700 annual GASB financial statement engagements. We know government operations,the environment of public scrutiny and the importance of due diligence in protecting public funds. As a firm with over 50 years of experience serving clients, we are familiar with your challenges and needs and are able to respond promptly and effectively to help meet them. We are leaders in serving a large number of government organizations and nonprofit organizations, including counties, cities, foundations, social service, membership, education, and religious organizations. This highly-qualified staff of experienced professionals offers you both the personalized service of a local firm and the varied specialty resources of a national firm to assist you in achieving your organizational missions and financial goals. Serving Government Organizations is a Specialty of CLA Spend between 80 and Provide audit,tax, and 100 percent of their related services to Approximately 42 Approximately 600 more than 1,700 principals professionals time serving government government organziations organizations nationwide In addition, the CLA State and Local Government Group provides consulting, training, and accounting services to a variety of nonprofit and government organizations. Nonprofit and government represents a team of highly- skilled professionals with experience and professional degrees in accounting, business, finance, law, public affairs,social services, and the arts. Experience with tax-exempt bonds Our firm is routinely involved with the issuance of government debt, both large and small. We are very familiar with both the underlying professional standards and underwriter requirements. We understand the need for acting expeditiously when opportunities present themselves to our clients and we stand ready to serve our clients. Any request by the City to provide comfort letters associated with any debt offerings will be considered at the time such request is made,giving consideration to environmental and regulatory factors and the nature of the items on which we are requested to provide "comfort". Comfort letters represent a report of our firm, as do our audit opinions, and are therefore subject to the same quality review processes and procedures as our audits. ©2014 CliftonLarsonAllen LLP �.r CliftonLarsonAllen 28 Single Audit Experience CliftonLarsonAllen is the national leader in providing OMB Circular A-133 audit services across the country. Our client portfolio of government, nonprofit, and health care organizations represents nearly half of the firm's total revenue. The table below illustrates our experience in serving organizations requiring audits in accordance with OMB Circular A-133, compared to other public accounting firms across the country. The depth of our client base and expertise in this area is another indication of our dedication to organizations just like you —a "different kind of firm". Number of Single Audits Performed* CliftonLarsonAllen LLP Plante Moran RSM/McGladrey&Pullen KPMG ' 1. Douby O'Connor&Zaleski BKD Baker Tilly Virchow Krause Eide Bailly Wipfli — Maddox and Associates U 100 200 300 400 500 600 700 800 900 *The information for the above firms with most single audits performed was pulled from the Federal Clearinghouse for audits submitted between December 1,2011—November 30,2012. As indicated above, CLA performs A-133 single audits for over 900 organizations annually, equating to over $11.7 billion in federal grant funds audited. CLA is the national leader in providing OMB Circular A-133 audit services across the nation! Many of the local governmental entities served by CLA receive federal funds and require a single audit in accordance with OMB Circular A-133. In fact, we have approximately 250 Minnesota clients who are funded through federal grants and for which OMB Circular A-133 audits are conducted. CLA has designated specific principals who are authorized to review and approve single audit CLA has designated specific individuals within reports. In addition to the local resources, CLA has the firm who are authorized to review and personnel throughout the firm as well as national approve single audit reports. We require all single technical personnel who focus on Single Audits and audits to be reviewed by a Designated Single as such provide resources and insights not found in Audit Reviewer, thereby assuring that standards many firms. CLA personnel were also invited to join set forth in the OMB Circular A-133 are accurately and participated in Single Audit Task Forces formed by the AICPA to address single audit quality issue. maintained. The principals, managers and a senior assigned to your audit have performed single audits throughout the year and have received dedicated training in governmental accounting, auditing and financial reporting. In addition, they receive training on the compliance requirements of OMB Circular A-133 and the use of the related compliance supplements specific to cities. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 29 6. SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES References We understand that quality of service will be a key factor as you prepare to select a firm to serve the City. We encourage you to contact the client references below to learn more about our team's experience and commitment to quality client service. City of Minnetonka Scope of Work Audit of financial statements (GFOA CAFR program) in accordance with Government Auditing Standards and single audit under OMB A-133, audit of Minnesota legal compliance Length of Service 2012—present Engagement Principal Doug Host(John Lorenzini) (manager) Total Hours(annually) 325 Client Contact Merrill Shepherd King, Finance Director 952-939-8253 City of Hastings/City of Hastings Fire Relief Association Scope of Work Audit of financial statements in accordance with Government Auditing Standards, audit of the City of Hastings Fire Relief Association and audit of Minnesota legal compliance Length of Service 2011—present Engagement Principal Doug Host(Chris Knopik) (manager) Total Hours(annually) _ City—285, Fire Relief—60 Client Contact Char Stark, Finance Director 651-480-2354 City of Mahtomedi/Mahtomedi Fireman's Relief Association Scope of Work Audit of financial statements in accordance with Government Auditing Standards, audit of the City of Hastings Fire Relief Association and audit of Minnesota legal compliance _ Length of Service 2008—present Engagement Principal Rachel Flanders(Chris Knopik) (manager) Total Hours(annually) City—285, Fire Relief—60 _ Client Contact Scott Neilson, City Administrator 651-426-3344 ©2014 CliftonLarsonAllen LLP � CliftonLarsonAllen 30 City of Hopkins Scope of Work Audit of financial statements (GFOA CAFR program) in accordance with Government Auditing Standards and single audit under OMB A-133, audit of Minnesota legal compliance _ Length of Service 2008-present Engagement Principal Dennis Hoogeveen (John Lorenzini) (Manager) Total Hours(annually) 333 Client Contact Christine Harkess, Finance Director 952-548-6330 City of Lino Lakes Scope of Work Audit of financial statements (GFOA CAFR program) in accordance with Government Auditing Standards, single audit under OMB A-133, and audit of Minnesota legal compliance Length of Service 2007-Present Engagement Partner Rachel Flanders (Chris Knopik) (Manager) Total Hours(annually) 270 Client Contact Alan Rolek, Finance Director 651-982-2410 City of Stillwater Scope of Work Audit of financial statements (GFOA CAFR program) in accordance with Government Auditing Standards, audit of the fire relief, and audit of Minnesota legal compliance. Length of Service 2007-Present • Engagement Partner Thomas Koop(Chris Knopik) (Manager) Total Hours(annually) 240 Client Contact Sharon Harrison, Finance Director 651-430-8812 City of Baxter Scope of Work Audit of financial statements (GFOA CAFR program) in accordance with auditing standards generally accepted in the United States of America and audit of Minnesota legal compliance. _ Length of Service Over 20 Years(Current Client) Engagement Partner Doug Host _ Total Hours(annually) 250 Client Contact Jeremy Vacinek, Finance Director 218-454-5112 ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 31 Accessibility CLA's success is based on providing clients with excellent service on a timely basis. Therefore, Doug Host, the I The close,personal attention from our Principal-in-charge of your engagement will be available for routine questions—whether addressed in person, via senior level personnel,combined with our telephone or email — at no additional charge — a low principal-to-staff ratio,sets CLA welcome investment in an ongoing relationship. All of ' apart from many other CPA firms. our principals and managers have constant access to e- mail. In addition, you will be provided with cell phone numbers of every member of your engagement team.Team members will respond to all questions and requests on the same day that the request is made whenever possible. ©2014 CliftonLarsonAllen LLP Cliftonl.arsonAllen 32 A listing of our governmental clients for the fiscal year ending December 31, 2013,follows: Cities,Townshi.s&VIlla:es Can't Hvusln:Authori Adams Paynesville Austin HRA Alden Osakis Township 'Brainerd HRA — Alexandria Pequot Lakes Moose Lake HRA Anoka# Ravenna Township ,Mower County HRA _ Austin# Redwood Falls Mpls St Paul Housing Finance Board Avon Rice Lake Township Owatonna HRA Barnesville Rose Creek 'Winona HRA Baxter# Royalton Other Electric Utilities Bigfork Sauk Centre 25 Rural Electric Cooperatives Brainerd# Scandia Aeration Industries Int'I Brandon St.Cloud# Aitkin Public Utilities Commission Browns Valley Southside Township Austin Utilities Buffalo Stillwater# Y'Alexandria Light&Power Buffalo Township Sylvan Township IBIueEar_thLight&WaterDepartment — Clarks Grove Town of May _ _ 'Brainerd Public Utilities _ Conger Watertown Central MN Municipal Power Agency Crosby _ Windom Delano Water,Light&Power Crosslake Wendell Glencoe Light&Power Courtland White Bear Township# Model ia Light&Power W Dalton Midwest Consortium of Municipal Deerwood Counties Moose Lake Water&Light Commission Delano _ _ Be'-trarnl _ 'Owatonna_Public Utilities _ Dexter Benton(Compilation) Sauk Centre Public Utilities Commission Elkton Douglas Sun Prairie Water and Light Commission Eureka Township Itasca(Compilation) Other Government Entities Fairview Township _ Kanabec _ _ •Airport and Transit Authority _ Franklin Township Lincoln [Albert Lea Port Authority _1 Garrison Mower _ _ lAustin/Mower County Home Ownership Fund Gem Lake Nobles _ _ Capital City Properties Glencoe Pine(Compilation) Cedar River Watershed District Grant Pope-Douglas Solid Waste 1Central Minnesota Community Corrections(Comp) Greenwood Rice# iCountryside Public Health Services Hastings# Steele Ramsey/Washington Suburban Cable _ Hayfield Swift_ ,Minnesota Municipal Money Market Hopkins# Todd _ _ Capital City Properties _ Independence Todd Soil&Water Conservation District _Downtown Liquor(Alexandria) Ironton Washington# _Garrison Kathio W Mite Lacs Lake Sewer Dist, i IKiester Windom _ Gateway Corridor Commission Kimball Wright Greater Blue Earth River Basin Authority Lake City !Human Services of Faribault&Martin Counties _ Lake St Croix Beach =212=1121113111==Minnesota Senate Laketown Township Alden Plaza Discount Liquors(Alexandria) Lino Lakes# Alexandria :Port Authority of the City of St.Paul Mahtomedi# Big Lake 'Region 4 South Adult Mental Health Mapleton Township Buffalo 'Ramsey/Washington Suburban Cable fI MarysvilleTownship _ Delano !Rice-Steele Consolidated Dispatch Menahga Emily 'Serpent Lake Sanitary Sewer District _ Minnetonka# Ironton 'Southeast Minnesota Narcotics Task Force Moose Lake Hastings .Still water Board of Water Commission North Branch Lewisville _ Turtle Creek Watershed Onamia Mahtomedi Viking Library System Orono# Sauk Centre West Central Drug Task Force Ortonvilie Watertown Western Lake Superior Sanitary District# Owatonna# South Metro Fire #GFOA Certificate Program CAFR ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 33 7. IDENTIFICATION OF ANTICIPATED POTENTIAL AUDIT PROBLEMS At this time we do not envision any audit problems. If issues arise as we are working with our staff we will contact City and/or Relief Association management to discuss the appropriate resolution to any issues that we encounter. We reserve the right to perform additional investigative procedures (inquiries of Kern DeWenter Viere, Ltd. and review of their December 31, 2013, working papers) prior to final acceptance of the engagement in order to comply with firm policies and professional standards. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 34 8. SPECIFIC AUDIT APPROACH Work Plan An economy of effort: focusing on operational efficiency Your resources are precious, and we help you conserve and maximize them. We employ what we call "enterprise excellence" in conducting your audit, which means we look for efficiencies, as well as the best ways to leverage our own resources in serving you. We believe our services will contribute to better business and administrative practices. Two heads are better than one: bringing your team into the process Our audit engagement team is exceptional at mitigating risk, because we work closely with your people to understand your circumstances. We talk directly with your internal accounting staff, as well as personnel in other departments, to see your operations firsthand. This helps us understand what internal controls are in place or what controls will need to be improved in the future. We take a business advisory approach in our audit services,which looks beyond accounting entries to underlying transactions and business systems.To best understand those,we talk with your key decision makers. Strong connection with staff Refationshi with key decision makers Results in recommendations Most value:talking with key decision regarding your systems and makers asking clarifying questions, procedures to make them more discussing organizational strategies, comprehensive,better understood, and dealing with sensitive reporting and more frequently implemented issues of your leadership Helps develop a comfort level for your l Effective and cost-efficient, produces people and emphasizes our high quality audit and tax accessibility throughout the year deliverables, provides you with substantive dialogue with our team leaders Can help with immediate problems and share insights and best practices Values time spent discussing to assist in planning for your future significant business issues with success management over time spent reviewing detailed workpapers ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 35 Assessing risk: the gold standard in audit planning Our firm follows the Committee of Sponsoring Organizations of the Treadway Commission's (COSO) risk-based framework to build our audit plan. CliftonLarsonAllen, management, and your stakeholders identify and assess risks concerning the organization, material accounts, transactions impacting the year-end financial statements, and federal and state tax regulations. The following diagram illustrates the relationship between the COSO framework and our audit plan. se You r,„ Revstwe Producing Service Unitial I "' Operational Support a fine„../ r rhimen Peaw rre-4 f Trarmnq Miriam AueU a 17. m Etner arise Information 4, a rr 1 NuiwmY Sarver Wnrllatatiuns , T APPriratonv. I Oaubase I &Wort 0 Q Facility • Control Activities During the planning stages and throughout the audit, we identify the external and internal pressures and risks influencing the City's financial statements, operations, and future goals. Inputs to our risk identification process include the following(but are not all-inclusive): • Analysis of preliminary financial statements prior to beginning audit fieldwork • Planning meetings with management • Planning meeting with the body governing the audit process • Reading of governance meeting minutes • Analysis of control activities The ultimate goal is to reach an understanding of the critical processes and develop an audit plan which addresses the risks identified through this process. Based upon this risk analysis, CliftonLarsonAllen tailors and designs each audit area's approach. We use checklists and other tools crafted specifically to focus on control issues applicable to the City and the Relief Association. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 36 Easy does it: making the transition to CliftonLarsonAllen We recognize changing accounting firms presents an opportunity as well as a challenge. Our audit approach effectively minimizes the impact of client transition issues. Selecting a team Minimizing your work load We select a team experienced in Our planning process involves reviewing transitioning new clients to work papers provided in previous years, CLiftonLarsanAllen—this provides an using work papers routinely prepared as effective bridge. part of your monthly close process,and sharing our templates used by current clients. We mitigate transition issues Arriving prepared All of our team members are prepared Investing in our relationship with you when we arrive at a client site.We As your new firm, we will spend additional provide you with an extensive listing of time gaining an understanding of your necessary information in the early organization and forming relationships. planning phase of your audit,giving you This provides the foundation of noticeably adequate time to gather necessary different client service. information. No surprises: ongoing communication is key Our emphasis on planning and communication allows for an efficient audit We resolve complex process in which everyone involved knows their roles and expectations. Issues are dealt with immediately, not accumulated until the end of the audit. We provide a issues and eliminate last no-surprises approach to our services, based on frequent and timely minute surprises. communication. Electronic resources: paperless audit: efficiency and convenience We utilize a paperless audit process, using electronic resources to communicate and increase the efficiency of our engagement. In our experience working with similar organizations, we believe that virtually all the workpapers we require can be provided electronically. Our templates will help you organize the necessary audit support. Our paperless model takes advantage of mobile technology and the Internet, meets compliance standards, and maintains our commitment to quality. Standing up to scrutiny: auditor independence ensures credibility While our primary purpose is to serve as your independent auditor, CliftonLarsonAllen offers many other services that you may find useful. Requests by the City for such services will be considered on a project by project basis to ensure compliance with the following requirements of our independence standards and Government Auditing Standards Amendment No. 3, Independence: • auditors should not perform management functions or make management decisions; and • auditors should not audit their own work or provide non-audit services in situations where the amounts or services involved are significant/material to the subject matter of the audit. } ©2014 CliftonLarsonAllen LLP ,r'°.'CliftonLarsonAllen 37 Al. Proposed Segmentation for the Engagement Our audit approach for year one and subsequent years will have certain consistent elements. However, we expect that the subsequent years may result in redirected audit hours based on the efficiencies gained as we become more familiar with your operations. Our audit objective extends beyond the issuing of an opinion on financial statements. We believe that a good audit will yield substantial information for management, and will be a valuable tool in recognizing opportunities and identifying areas that can be strengthened. An effective audit performed by our team will also provide: • An objective look at your policies and procedures • Valuable suggestions for improvements in your financial operations and other areas • An analysis of trends and unusual variations from year-to-year • Protection for current and future resources through improved internal controls • A deterrent to embezzlement and other fraudulent activities Benefits of C LA's Risk-Based Approach Our audit services are designed to protect the interests of management by concentrating on high-risk areas. Risk identification is the first step of the audit process, providing the basis upon which the overall plan is developed. Our risk assessment process involves consideration of the following types of risk: • Inherent risk-that an error in the accounting and reporting process may occur • Control risk-that internal control systems designed to prevent/detect errors may fail • Audit detection risk-the risk that audit procedures may fail to detect errors Through careful consideration of the above risks and their interrelationships, we will develop an audit plan and related programs that concentrate our efforts on those elements of your financial statements that involve the greatest risk. At the same time, we will avoid the unnecessary application of commonplace and traditional procedures to low-risk areas. We expect that the majority of our audit hours will be concentrated in the high-risk audit areas. Our approach is not to review every account with extensive substantive testing. While substantive testing remains part of the process,we first identify relationships and truly learn about your operations. Commitment to Communication with Management Continual communication starts when an engagement letter is issued and continues until the completion or closeout of an engagement. We believe effective communication is critical to a successful engagement. This communication includes the exchange of ideas and advice as changes are considered or implemented by the entity or the accounting profession. Upon notice of the issuance of an engagement letter,team members will meet with you to plan the start of the work and to further discuss the audit process. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 38 We will conduct our audit in four primary phases: • Phase 1—Planning&Strategy • Phase 2—Systems Evaluation • Phase 3—Testing&Analysis 1. • Phase 4—Reporting& Follow-Up Planning& Phase 1 — Planning&Strategy Strategy The main objective of the planning phase is to identify significant areas and design efficient audit procedures. We will accomplish our planning by 4, following the methodology below: Continuous 2. Reporting Communicatio Systems • Conduct an entrance meeting with the City and & Follow- Evaluation the Relief Association — Doug Host will meet Up with City and Relief Association personnel to mutually agree on an outline of responsibilities and timeframes. The agenda will include but 3 not be limited to the following: — Establish audit approach and timing TesAnalysalysng s Anis schedule, — Assistance to be provided by the City - -- personnel, — Application of generally accepted accounting principles, — Initial audit concerns, — Concerns of the City's management, — Concerns of the Relief Associatioin's management — Establishment of report parameters and timetables — Progress reporting process, and — Establish principal contacts. • Gain an understanding of the operations of the City and the Relief Association, including its organization, management style and internal and external factors influencing the operating environment. We will utilize reference materials such as the budget and related materials, organizational charts, manuals and programs, and financial and other management information systems. • Identify significant accounts and accounting applications, critical audit areas, significant provisions of laws and regulations, and relevant controls over operations. • Determine the likelihood of effective Information Systems (IS) - related controls. • Identify any internal audit work performed and how it may be utilized. • Perform a preliminary overall risk assessment. • Establish a timetable for the fieldwork phase of the audit. • Prepare initial comprehensive list of items to be prepared by the City and the Relief Association, establish clear deadlines and review with City and the Relief Association management. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 39 We will document our planning through preparation of the following: • Preliminary Analytical Procedures. These procedures will assist in planning the nature, timing and extent of auditing procedures that will be used to obtain evidential matter. They will focus on enhancing our understanding of the financial results, and will be used to identify any significant transactions and events that have occurred since the last audit date, as well as to identify any areas that may represent specific risks relevant to the audit. • General Risk Analysis. This will contain our overall audit plan, including materiality calculations, fraud risk assessments, overall audit risk assessments, effects of our IS assessment,timing, staffing, client assistance, a listing of significant provisions of laws and regulations and other key planning considerations. • Account Risk Analysis. This document will contain the audit plan for the financial statements, including risk assessment and the extent of testing by assertion. • Prepared by Client Listing. This document will contain a listing of schedules and reports to be prepared by the client with due dates for each item. One of the key elements in the planning of this audit engagement will be the heavy involvement of the principals and managers. We will clearly communicate any issues in a timely manner, and will be in daily contact with the City and the Relief Association as to what we are finding and where we expect it will lead. We will develop our audit programs during this phase. We will use our standard audit programs as a base starting point, and will tailor the initial audit programs for each major section of the audit based on our planning and risks identified. We will hold an entrance conference with the City and the Relief Association to discuss the audit timeframes, and will meet the appropriate City and the Relief Association personnel at least one month prior to the start of the audit. Phase 2—Systems Evaluation During the systems evaluation phase, we will first gain an understanding of the internal control structure of the City and the Relief Association for financial accounting and relevant operations. Next, we will identify control objectives for each type of control that is material to the financial statements, and then identify and gain an understanding of the relevant control policies and procedures that effectively achieve the control objectives. Finally,we will determine the nature,timing and extent of our control testing and perform tests of controls. This phase of the audit will include extensive testing of controls: • Over electronic data, including general and application controls reviews and various user controls • Over financial reporting and compliance with laws and regulations We will test controls over each critical audit area. One of our audit efficiency initiatives is to rely heavily on internal controls when appropriate and to creatively look at internal control testing to make it as efficient as possible.This means not routinely performing detailed tests of transactions using large samples. We first seek to identify key controls, and then identify possible testing through alternative methods, such as observation, interviews and re-performance. These tests serve not only to gather evidence about the existence and effectiveness of internal control for purposes of assessing control risk, but also to gather evidence about the reasonableness of an account balance. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 40 We will also develop our internal control tests to assess the compliance with certain provisions of laws, regulations, contracts and grants for which noncompliance could have a direct and material effect on the determination of financial statement amounts. Our use of multi-purpose tests allows us to provide a more efficient audit without sacrificing quality. Our assessment of internal controls will determine whether the City and the Relief Association has established and maintained internal controls to provide reasonable assurance that the following objectives are met: • Transactions are properly recorded, processed and summarized to permit the preparation of reliable financial statements and to maintain accountability over assets • Assets are safeguarded against loss from unauthorized acquisition, use or disposition • Transactions are executed in accordance with laws and regulations that could have a direct and material effect on the financial statements We will finalize our audit programs during this phase. We will also provide an updated Prepared by Client Listing based on our test results and our anticipated substantive testing. During the internal control phase, we will also perform a review of general and application IS controls for the applications that are significant to financial statements to conclude whether IS general controls are properly designed and operating effectively, and consider application controls as part of the internal control assessment in the financial statement audit. Our strategy for the IS review of the applications will involve reviewing all of the general control activities, including the computerized and manual processes. We will determine the scope of work by applying the concepts of materiality and risk assessment to effectively reduce examination inefficiencies. When planning this examination, we will gain an understanding of the City and the Relief Association's operations by reviewing its current controls and control objectives as documented, and will also review prior years audit work and the status of corrective actions. Based on our preliminary review, we will perform an initial risk assessment of each critical element in each general control category, as well as an overall assessment of each control category. We will then proceed to assess the significant computer-related controls. For those IS controls that we deem to be effectively designed, we will perform testing to determine if they are operating as intended through a combination of procedures, including observation, inquiry, inspection and re- performance. Phase 3— Testing&Review The extent of our substantive testing will be based on results of our internal control tests. It has been our experience that governmental entities, like the City and the Relief Association, often have a system of internal control that, with appropriately designed tests and correlation to account balances, can be used to limit the extent of account balance substantiation testing. Audit sampling will be used only in those situations where it is the most effective method of testing. Before deciding to sample, we will consider all possible approaches and audit techniques. Items where, in our judgment, acceptance of some sampling risk is not justified will be examined 100 percent. These may include unusual items or items for which potential misstatements could individually equal or exceed tolerable error. After identifying individually significant or unusual items,we will decide on the audit approach for the remaining balance of items by considering tolerable error and audit risk. This may include (1) testing a sample of the remaining balance, (2) lowering the previously determined threshold for individually significant items to increase ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 41 the percent of coverage of the account balance or (3) applying analytical procedures to the remaining balance. When we elect to sample balances we will use IDEA to efficiently control and select our samples. Our work papers during this phase will clearly document our work as outlined in our audit programs. We will also provide the City and the Relief Association with status reports during the course of the audit fieldwork. As in all phases of the audit, we will be in communication with the City and the Relief Association to ensure that all identified issues are resolved in a timely manner. We will also hold a final exit conference with the City and the Relief Association (if requested)to summarize the results of our fieldwork and review significant findings. Phase 4—Reporting&Follow-Up Reports to management will include oral and/or written reports regarding: • Management's Representation Letter • Group Audit Communication Letter • Independent Auditor's Report • Report on Internal Control Over Financial Reporting and On Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards • Independent Auditors' Report on Compliance with Requirements That Could Have a Direct and Material Effect on Each Major Program and on Internal Control Over Compliance in Accordance With OMB Circular A- 133 (if required) • Report on Minnesota Legal Compliance • Management Letter • Written Communication to those charged with Governance,which includes the following areas: — Our responsibility under auditing standards generally accepted in the United States of America — Changes in significant accounting policies or their application — Unusual transactions — Management judgments and accounting estimates — Significant audit adjustments — Other information in documents containing the audited financial statements — Disagreements with the City — Management representations — The City's consultations with other accountants — Major issues discussed with management prior to retention — Audits of group financial statements — Difficulties encountered in performing the audit — Fraud or illegal acts Once the final reviews of working papers and financial statements are completed by the City, the financial statements and management letter will be issued. The City and the Relief Association will be provided a draft of any comments that we propose to include in the management letter, enabling them to review the comments for accuracy prior to final release. Any items that come to our attention that are not what we consider major items will be discussed verbally with management and not included in the management letter. Our management letter will include items noted during our analysis of your operations. We will also make a formal presentation of the results of the audit to those charged with governance of the City and the Relief Association, if requested. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 42 A2. Single Audit Approach The AICPA issued new guidance in Statement of Audit Standards 117 — "Compliance Audits" to require risk- based concepts be used in all compliance audits including those performed in accordance with OMB Circular A- 133. Our risk-based approach incorporates this guidance. We will conduct our audit in three primary phases: • Phase 1—Risk Assessment and Planning • Phase 2—Major Program Testing • Phase 3—Final Assessment and Reporting Phase 1—Risk Assessment and Planning The risk assessment and planning phase will encompass the overall planning stage of the A-133 engagement. During this phase, we will work closely with City management to ensure that programs and all clusters of programs are properly identified and risk-rated for determination of the major programs for testing. We will also review the programs tested in the prior year to determine the extent of any changes which are required. We will accomplish this by following the methodology below: • Determine the threshold to distinguish between Type A and B programs, including the effect of loans and loan programs. • Utilizing the preliminary Schedule of Expenditure of Federal Awards, we will identify the Type A and Type B programs in accordance with Circular A-133 and ARRA requirements, if applicable. • Identifying the programs tested and the findings reported for the past three fiscal years. Determine and document the program risk based on the past three single audits. • Prepare and distribute Type B program questionnaires to determine risk associated with Type B programs. • Determine the major programs to be tested for the current fiscal year based on the previous steps. • Based on our determination of the major programs, we will obtain the current year Circular No. A-133 compliance requirement supplement and customize the audit program. • Prepare and distribute templates to City management to obtain the Summary Status of Prior Year Findings. • Determine the preferred methods of communication during the audit. Phase 2—Major Program Testing We will determine the programs to be audited based on the risk assessment performed in the planning phase. We will perform the audit of the programs in accordance with Circular A-133. To accomplish this, we will perform the following: • Schedule an introductory meeting and notify the City management of the major programs for the current fiscal year. • Provide City management with a listing of reports, disbursements, listings, etc.that are required to select our samples for compliance testing • Plan and execute the testing of the expenditures reported on the Schedule of Expenditures of Federal Awards. • Perform tests of compliance and internal controls over compliance for each major program identified. • Schedule periodic progress meetings to determine that schedules are adhered to and identify issues as they arise. • Conduct entrance and exit conference meetings with each grant manager. ©2014 ClftonLarsonAllen LLP CliftonLarsonAllen 43 Phase 3—Final Assessment and Reporting We will re-perform the steps noted in the preliminary assessment and planning stage once the Schedule of Expenditures of Federal Awards is final. Based on the final determination of the programs we will perform the following: • Identify Type A and Type B programs which were not previously identified • Re-assess the risk and determine if we are required to audit additional programs • Prepare the Schedule of Findings and Questioned Costs • Conduct exit conference with City management to review draft reports B. Hours to be Assigned to Each Level of Staff A breakdown of the level of staff and the approximate number of hours for the City's engagement are as follows: Level Principal Manager Senior Staff Clerical Total Hours Hours Hours Hours Hours Hours Planning&Strategy 15 15 10 10 0 50 Systems Evaluation 5 10 20 25 0 60 Testing&Analysis 5 10 30 95 0 140 Reporting&Follow-Up 15 15 10 10 10 60 Total Hours 40 50 70 140 10 310 A breakdown of the level of staff and the approximate number of hours for the Relief Association's engagement are as follows: Level Principal Manager Senior Staff Clerical Total Hours Hours Hours Hours Hours Hours Planning&Strategy 2 2 2 2 0 8 1 Systems Evaluation 2 2 3 3 0 10 Testing&Analysis 2 2 8 20 0 32 Reporting& Follow-Up 5 5 3 2 5 20 Total Hours 11 11 16 27 5 70 C. Sample sizes and the extent to which statistical sampling is to be used in the engagement We extensively use statistical and non-statistical sampling during our audits of governmental entities. The sampling techniques vary depending upon the nature of the test, such as internal control reliance, attribute, substantive testing and transactional testing. Our sample sizes are directly related to the various risks (inherent and control) associated with the item being tested, confidence level to be obtained and overall materiality. Our sample sizes generally include up to 40 for control and transactional testing or up to 60 items for single audit testing, dependent upon assessment of risks. The samples for substantive testing are highly dependent upon the balance of the account being tested and the materiality of the engagement. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 44 D. Extent of Use of Software in the Engagement Throughout the audit we may employ the use of computer assisted audit techniques (CAATs) to increase efficiency and effectiveness.The key CAATs that we will use are as follows: • Interactive Data Extraction and Analysis (IDEA). IDEA benefits the audit process through: o Built-in audit functionality including powerful, audit specific commands and a self-documenting audit trail o 100 percent data coverage, which means that certain audit procedures can be performed on entire populations and not just samples o Unparalleled data access allows us to access and analyze data from virtually any computing environment o Eliminates the need to extrapolate information from errors (a common effort when manually auditing data)and allows for more precise conclusions E. Type and Extent of Analytical Procedures to be used in the Engagement Preliminary analytical procedures will assist in planning the nature, timing and extent of auditing procedures that will be used to obtain evidential matter. These procedures will focus on enhancing our understanding of the financial results. They will also be used to identify any significant transactions and events that have occurred since the last audit date, as well as to identify any areas that may represent specific risks relevant to the audit. In performing our substantive testing, our audit efficiency initiative provides that we first think analytically. By doing this, we can better understand the specific account balance being tested and determine if the current balance or relationship with other account balances appears reasonable and is consistent with our understanding and industry experience. We will also employ analytical testing on smaller and/or lower risk accounts and cycles to maintain efficiency and to meet milestones. F. Approach to be taken to gain and document an understanding of the internal control structure of the City The Committee of Sponsoring Organizations of the Treadway Commission (COSO) has established a framework for internal control systems. Under the COSO framework, internal control is a process to provide reasonable assurance that those internal objectives, including effectiveness and efficiency of business operations, reliability of financial reporting, and compliance with applicable laws and regulations,will be met. Our audit approach is designed to evaluate and test the departmental internal controls in accordance with COSO concepts. Our procedures include a review of the overall control environment, determination of the internal controls which are determined to be direct and material to the federal program under review, determination of the adequacy of those procedures, and testing of the procedures to determine if they are functioning as designed. During the planning and internal control phases of our audit, we will develop our understanding of the City's business operations and internal control structure for financial accounting and relevant operations through observation, discussion and inquiries with management and appropriate personnel. During this phase of the audit, we will review budgets and related materials, organization charts, accounting and purchase manuals, and other systems documentation that may be available. Once we understand your operations, we will then identify control objectives for each type of control that is material to the financial statements. The next step will be to identify and gain an understanding of the relevant control policies and procedures that effectively achieve the control objectives. We will then determine the nature,timing and extent of our control testing and perform tests of controls. This phase of the audit will include extensive testing of controls over transactions, financial reporting and compliance with laws and regulations. Whenever possible, we will use dual-purpose tests to reduce the need to ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 45 select multiple samples for internal control and compliance testing. We will be as efficient as possible, thereby reducing the disruption to your operations while achieving our audit objectives. Our assessment of internal controls will determine whether the City has established and maintained internal controls to provide reasonable assurance that the following objectives are met: • Transactions are properly recorded, processed and summarized to permit the preparation of reliable financial statements and to maintain accountability over assets • Assets are safeguarded against loss from unauthorized acquisition, use or disposition • Transactions are executed in accordance with laws and regulations that could have a direct and material effect on the financial statements Our work papers during this phase will clearly document our work through the preparation of the following for each significant transaction cycle or accounting application: • Audit program • Cycle memo and supporting documentation • Account risk analysis(ARA) • Specific control evaluation (SCE) G. Laws and Regulations Our determination of the laws and regulations that will be subject to audit tests will be based on the following: • Our extensive knowledge gained during previous audits of other Minnesota cities and other Minnesota local governments • Review of compliance requirements listed in OMB Circular A-133 compliance supplement • Inquiries of management, legal counsel and appropriate personnel • Review of applicable state laws and regulations H.Approach to be taken in drawing audit samples for purposes of tests of compliance The samples for purposes of compliance testing for populations greater than 100 are drawn randomly or haphazardly from the population of transactions utilizing applicable numerical sample techniques. These techniques consider confidence level, tolerable error and attribute risk in determining sample sizes. We will use dual-purpose testing whenever possible to increase audit efficiency. The samples for purposes of compliance testing for populations less than 250 generally range from 10-15 percent of the population or the identification and testing of individually significant transactions to obtain adequate population coverage.Samples for populations in excess of 250 range up to 60 items. I. Estimated number of days required to complete fieldwork We anticipate that the audit will include approximately 2-3 days of on-site preliminary fieldwork and approximately one full week of on-site final fieldwork for the engagement principals, the audit managers and senior and two to three audit staff as necessary. The remainder of the anticipated hours would be handled off site. In the first year of an audit transition, additional time will be incurred to fully understand your operations. Many of our new clients have benefited significantly from our fresh perspective by having us review and give insight on the organization's operations. This is typically when we discover the most value-added suggestions for clients to improve operations and efficiency. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 46 J. Significant audit areas Significant audit areas are usually identified during the risk assessment and planning phase of our audit, but based on information known to date, our audit will address the following issues: Area Activity We will review subsequent payments and unpaid invoices to assure that the Accounts payable and cutoff of expenses between years is correct. We will test the compensated accrued expenses absences disclosures and retirement plan disclosures for completeness and accuracy. We will analyze payroll expenses based on key factors such as full-time equivalents. In addition, we will review payroll files for selected files to assure Payroll that documentation on pay rates and benefits are appropriate. We will also test the allocation of time to the programs and support services (functional expense). We will test expenditures by the City for compliance with appropriations acts Compliance and other laws and financial operating rules, resolutions, motions and orders of the City compliance. Procedures, including necessary accounting research, must be applied to ensure that all required disclosures are made for the various financial Other disclosures statement amounts and corresponding activities. As part of the audit, CliftonLarsonAllen will ensure the required disclosures are audited and included in the reports. We will confirm intergovernmental revenues with the state of Minnesota and Revenues/receivables perform detailed analytical procedures on other revenue sources (charges for services and utility revenues). We will also confirm tax and special assessment revenues and receivables with the county. We will test additions and disposals for proper accounting treatment. In Capital assets addition, we will perform analytical procedures over repairs and maintenance and depreciation. We will perform detailed analytical procedures over the operating revenues for Enterprise fund operations enterprise operations. We will confirm special assessment revenue and receivables with the county. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 47 Engagement Timetable Our project management methodology results in a client service plan that provides for regular formal communication with the entire management team and allows us to be responsive to your needs. The schedule allows for input from your personnel to make certain that the services are completed based on your requirements. The plan may also be amended during the year based on your input. City of Eden Prairie Activities Jan Ma _ Planning Internal planning meetings and entrance conference with the City X Risk assessment/engagement planning X X Develop overall audit approach X X Identify and resolve accounting issues and concerns X X Review data processing activities and controls X X Preliminary/Interim Audit Activities Obtain understanding of internal control environment X X _ Identify key controls and perform walkthroughs X X Conduct test of controls X X Conduct IT assessment X X Perform analytical review procedures and preliminary substantive X procedures Submit recommendations, if any,to the City after fact pattern finalized X X X Final Audit and Reporting Update interim audit analysis X X Perform year-end substantive procedures X Submit State attestation memos in accordance with required timelines X X Prepare deliverable reports for the City X X Present the audit to the City Council X ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 48 Eden Prairie Firefighter Relief Association --,,T Activities Jan Feb Mar Apr May Planning Internal planning meetings and entrance conference with the Relief X X Association Risk assessment/engagement planning X X Develop overall audit approach X X Identify and resolve accounting issues and concerns X X Review data processing activities and controls X X Preliminary/Interim Audit Activities Obtain understanding of internal control environment _ X X Identify key controls and perform walkthroughs X X Conduct test of controls X X Conduct IT assessment X X Perform analytical review procedures and preliminary substantive X procedures Submit recommendations, if any,to the Relief Association after fact X X X pattern finalized Final Audit and Reporting Update interim audit analysis X X Perform year-end substantive procedures X X Submit State attestation memos in accordance with required timelines X X Draft and final financial statements delivered to the Relief Association X X Present the audit to the Board, if requested X X IRS Form 990 Complete and submit IRS Form 990 X X 02074 CliftonLarsonAllen LLP CliftonLarsonAllen 49 8. COST AND PRICE ANALYSIS Our fees are based on the timely delivery of services provided, the experience of personnel assigned to the engagement, and our commitment to meeting your deadlines. CLA understands the importance of providing our clients with value-added solutions. We encourage interaction throughout the year that will allow us to review and discuss with you the impact of new accounting issues, as well as any other business issues you are facing and how they should be handled. This level and frequency of interaction will no doubt enable CLA to help you tackle challenges as they come up, and take full advantage of every opportunity that presents itself. We bill for our services on a monthly basis as time is incurred for the performance of your engagement Fee Quote As shown on page 53, the total all-inclusive maximum price for the City's 2014 audit is $30,450; for the 2015 audit is $31,025; and for the 2016 audit is $31,350. These fees include the associated single audit costs for the City, assuming one major federal aware program. The fees for the audit and preparation of the IRS 990 form for the City's Volunteer Firefighter Relief Association would be $5,500 for 2014; $5,700 for 2015; and $5,900 for 2016. These fees are all inclusive. Because we believe that a long-term relationship is important, we are committed to these fees for the 2014, 2015, and 2016. We are committed to serving you;therefore, if fees are a deciding factor in your selection of another accounting, consulting, or advisory firm we would appreciate the opportunity to discuss with you the scope of our service plan. Any unusual, unforeseen circumstances significantly affecting audit time requirements would be in addition to the above fees. The additional services and fee for the same would be discussed with the City or Relief Association and an agreement reached, however, before proceeding. Such circumstances would include absence of key personnel (termination), significant problems related to conduct of the audit, irregularities, additional assistance specifically requested, etc. Any additional services requested by the City or Relief Association would be performed at the rates set forth in the following schedule of professional fees. Additional services would include procedures necessary to issue a "consent and citation of expertise" and any necessary comfort letters for subsequent bond issue documents containing our audit opinion. A total fixed fee for these services has not been included in this proposal since,for an example, the scope of such services can be significantly affected by the form of comfort letter requested by underwriters or bond counsel, the length of time elapsed since the audit, and the nature of other information included in the official statement for the issue. Client Preparation Expectations The fee proposal is based on the following: • The City or the Relief Association's personnel will provide assistance periodically throughout the year and during the assurance fieldwork with regard to account analysis and provision of year-end account reconciliation work papers and schedules. • The audit reports will be delivered in accordance with the City and the Relief Association's deadlines as identified in the RFP. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen Ongoing Consultation It is not our policy or practice to bill our clients every time we receive a phone call. In the course of providing our services to you, we will regularly consult with you regarding accounting, financial reporting, and significant business issues. If a specific project is complex or requires significant time or resources, we will first discuss with you the scope of the project and its fee, to make sure there are no surprises. While it is difficult to establish an exact policy for billing in these situations, we commit to discussing with you in advance of performing our services if we believe the time requirement to provide you the desired assistance is other than routine. We will discuss the scope of the project and our estimate to complete it prior to commencing work. Our last word on fees — we are committed to serving you. Therefore, if fees are a deciding factor in your selection of an accounting firm,we would appreciate the opportunity to discuss with you the scope of our audit plan. At CliftonLarsonAllen, it's more than just getting the job done. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 51 Schedule of Professional Fees& Expenses For the Audit of the December 31, 2014 Financial Statements Hours Standard Quoted Hourly Total Hourly Rates Rates Principals 40 250 160 6,400 Managers 50 185 115 5,750 Supervisory Staff 70 125 80 5,600 Staff 140 100 65 9,100 Secretarial 10 80 50 500 Subtotal 310 $27,350 Out-of-Pocket Expenses included Meals and Lodging included Transportation included Single Audit Fees 3,100 Other (Specify) included Total all-inclusive maximum price for 2014 City audit $30,450 Total all-inclusive maximum price for 2015 City audit _ $31,025 Total all-inclusive maximum price for 2016 City audit $31,350 Eden Prairie Fire Relief Association Audit, including state filings 4,650 Tax return 850 Total all-inclusive maximum price for 2014 Fire Relief audit $5,500 Total all-inclusive maximum price for 2015 Fire Relief audit $5,700 Total all-inclusive maximum price for 2016 Fire Relief audit $5,900 The fees quoted above include out-of-pocket costs,such as mileage, meals, and other travel costs.Any additional services that may be requested will be performed at the quoted hourly rates listed above or at a negotiated price. Such additional services would be coordinated and approved by you ahead of time. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 52 APPENDIX ©2014 CliftonLarsonAllen LLP .CliftonLarsonAllen 53 Appendix A—Quality Control Procedures and Peer Review Materials ©2014 CliftonLarsonAllen LLP ,413 Cliftanf~arsonAilen - i CLA received an unqualified opinion in their most recent external quality (peer) review. CLA's peer review report is on the following page. The Public Company Accounting Oversight Board (PCAOB) conducts inspections of CliftonLarsonAllen's quality control procedures relating to audits of public companies, while the remainder of our assurance practice is peer reviewed under American Institute of Certified Public Accountants (AICPA) guidelines. Our most recent PCAOB review did not identify any instances of deficiencies or potential deficiencies in our systems, policies, procedures, or practices, or in the conduct of our firm. Our most recent peer review, expressed an unqualified (i.e., clean) opinion and a "pass" rating, which is the most positive report a firm can receive. We are proud of this accomplishment and its strong evidence of our commitment to technical excellence. In addition to our external peer review, we have undertaken an intensive internal quality control program to determine that professional standards are maintained in our work. This program is designed to provide reasonable assurance that our personnel will be competent and objective and will exercise due professional care. Included in that program are the following: • A quality control manual that dictates the quality control standards and policies of our firm. In many cases, these standards exceed the requirements of professional and governmental guidelines. To monitor our adherence to policies and procedures, and to foster quality and accuracy in our services, each office must have a regular internal examination performed by professionals from other firm offices. • Quality control standards as prescribed by the AICPA. A principal-in-charge is involved in the planning, fieldwork, and post-fieldwork review. In addition, a second appropriately experienced professional performs a risk-based review of the audit prior to issuance of the reports. • An annual internal inspection program to monitor compliance with CliftonLarsonAllen's quality control standards. Workpapers from a representative sample of engagements are reviewed and improvements to our audit process are made, if necessary, based on the results of the internal inspection review. • Strict adherence to the AICPA's rules of professional conduct, which specifically includes maintaining client confidentiality. Privacy and trust are implicit in the accounting profession, and CliftonLarsonAllen strives to maintain the utmost level of trust and confidentiality. • A requirement that all single audit engagements be reviewed by a designated single audit reviewer, thereby ensuring the standards set forth in OMB Circular A-133 are accurately maintained. ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 55 t,"i Cherry BekaerV System Review Report To the Principals of aiftonLarsonAlen LLP and the National Peer Review Committee We have reviewed the system of quaky control for the accounting and auditing practice of CiftonLarsonAllen LLP(the firm)amicable to non-SEC issuers in effect for the year ended July 31.2013.Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Pubic Accountants_As a part of our peer review,we considered reviews by regulatory entities,if applicable.it determining the name and extent of our procedures. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with appicable professional standards in all material respects.Our responsriity is to express art opinion on She design of the system of quaky control and the firms compliance therewith based on ow review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described it the standards at rrww_aiupa_orglprwnrnary_ As required by the standards. engagements selected for review included engagements performed under Government Audrnng Standards. audits of employee benefit plans. audits performed taller FDICIA, and examinations of service organizations[Service Organizations Control(SOC)1 and 2 engagements' In our opinion,the system of quaky control for the accounting and auditing practice of CliftonLarsonAllen LLP applicable to non-SEC issuers in effect for the year ended Jay 31. 2013. has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deboiency►es)or fait CiftonLarsors ben LLP has received a peer review rating of pass. Cal , I �� F r [[ �, `)Q- Q`;J t LL Cherry Beiaert LIP November 12,2013 ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 56 Appendix B—Proposer Guarantees and Warranties ©2014 CliftonLarsonAllen LLP CliftonlarsonAllen 57 CITY OF EDEN PRAIRIE PROPOSING WARRANTIES I. The proposer certifies it can and will provide and make available, as a minimum, all services set forth in the RFP. II. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing coverage for the willful or negligent acts, or omissions of any officers, employees or agents thereof in the amounts specified in the Professional Services Agreement(Attachment C). III. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Eden Prairie and the Firefighter Relief Association. IV. Proposer firm warrants that all information provided in connection with this proposal is true and accurate. 09;14....,,P. gar Signature of Official: Name (typed) Doug Host. CPA Title: Principal Firm: CliftonLarsonAllen LLP Date: September 18, 2014 ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 58 Appendix C—Standard Agreement for Professional Services ©2014 CliftonLarsonAllen LLP CliftonLarsonAllen 59 CliftonLarsonAllen does not anticipate any problems with the sample Professional Services Agreement (Attachment C) in the City's RFP for audit services. ©2014 CliftonLarsonAllen LLP ` CliftonLarsonAllen 60 • CliftonLarsonAllen LLP • l ' 220 South Sixth Street,Suite 300 • ni Minneapolis,MN 55402-1436 612-376-4500 I fax 612-376-4650 CliftonLarsonAllen CLAconnect.com October 8, 2014 Honorable Mayor, Members of the City Council and Management City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 We are pleased to confirm our understanding of the terms and objectives of our engagement and the nature and limitations of the audit services CliftonLarsonAllen LLP (CLA) will provide for the City of Eden Prairie, Minnesota ("City," "you," "your," or"the entity") for the year ended December 31, 2014. Douglas P. Host, CPA is responsible for the performance of the audit engagement. Audit services We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information,which collectively comprise the basic financial statements of the City of Eden Prairie, Minnesota, as of and for the year ended December 31, 2014, and the related notes to the financial statements. The Governmental Accounting Standards Board (GASB) provides for certain required supplementary information (RSI)to accompany the City's basic financial statements. The RSI will be subjected to certain limited procedures, but will not be audited.The following RSI will be subjected to certain limited procedures, but will not be audited. 1. Management's discussion and analysis. 2. Modified approach for infrastructure assets. 3. Other post-employment benefit plan—schedule of funding progress. We will also evaluate and report on the presentation of the supplementary information accompanying the financial statements in relation to the financial statements as a whole. 1. Combining and individual fund financial statements. The following information other than RSI accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements and our auditors' report will not provide an opinion or any assurance on that information: 1. Introductory section. 2. Statistical section. NE�T �j T■ x -XIA AnImiwo mxrbadNedaIrtterrlatiard INTERNATIONAL October 8,2014 City of Eden Prairie, Minnesota Page 2 Audit objectives The objective of our audit is the expression of opinions about whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America (U.S. GAAP). Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America (U.S. GAAS) and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of your accounting records and other procedures we consider necessary to enable us to express such opinions.We will perform procedures on the financial information of the City of Eden Prairie Housing and Redevelopment Authority to enable us to express our opinions. We will apply certain limited procedures to the RSI in accordance with U.S. GAAS. However,we will not express an opinion or provide any assurance on the RSI because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. We will also perform procedures to enable us to express an opinion on whether the supplementary information (as identified above) other than RSI accompanying the financial statements is fairly stated, in all material respects, in relation to the financial statements as a whole. We will issue a written report upon completion of our audit of your financial statements. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions, add an emphasis-of-matter or other-matter paragraph(s), or withdraw from the engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If circumstances occur related to the condition of your records,the availability of sufficient, appropriate audit evidence, or the existence of a significant risk of material misstatement of the financial statements caused by error,fraudulent financial reporting, or misappropriation of assets, which in our professional judgment prevent us from completing the audit or forming opinions on the financial statements, we retain the right to take any course of action permitted by professional standards, including declining to express opinions or issue a report, or withdrawing from the engagement. We will also provide a report(which does not include an opinion)on internal control related to the financial statements and on compliance with the provisions of laws, regulations,contracts,and grant agreements, noncompliance with which could have a material effect on the financial statements, as required by Government Auditing Standards. The report on internal control over financial reporting and on compliance and other matters will include a paragraph that states (1)that the purpose of the report is solely to describe the scope of our testing of internal control and compliance and the result of that testing, and not to provide an opinion on the effectiveness of the City's internal control or on compliance, and (2)that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance.The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement,we will communicate to management and those charged with governance that an audit conducted in accordance with U.S. GAAS and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory,or contractual requirements. As part of our audit, we will also perform the procedures and provide the report required by the Minnesota Legal Compliance Audit Guide for Political Subdivisions. October 8,2014 City of Eden Prairie, Minnesota Page 3 Auditor responsibilities, procedures,and limitations We will conduct our audit in accordance with U.S. GAAS and the standards for financial audits contained in Government Auditing Standards.Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements as a whole are free from material misstatement, whether due to fraud or error.An audit involves performing procedures to obtain sufficient appropriate audit evidence about the amounts and disclosures in the basic financial statements.The procedures selected depend on the auditors'judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the basic financial statements. There is an unavoidable risk, because of the inherent limitations of an audit, together with the inherent limitations of internal control, that some material misstatements may not be detected, even though the audit is properly planned and performed in accordance with U.S. GAAS and Government Auditing Standards. Because we will not perform a detailed examination of all transactions, material misstatements, whether from (1) errors, (2)fraudulent financial reporting, (3) misappropriation of assets, or(4) violations of laws or governmental regulations that are attributable to the City or to acts by management or employees acting on behalf of the City, may not be detected. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors,fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. In making our risk assessments,we consider internal control relevant to the City's preparation and fair presentation of the basic financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control.Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting fraud or errors that are material to the financial statements and to preventing and detecting misstatements resulting from noncompliance with provisions of laws, regulations, contracts, and grant agreements that have a material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify deficiencies,significant deficiencies, or material weaknesses in internal control. However, we will communicate to you in writing significant deficiencies or material weaknesses in internal control relevant to the audit of the basic financial statements that we identify during the audit that are required to be communicated under AICPA professional standards and Government Auditing Standards. October 8,2014 City of Eden Prairie,Minnesota Page 4 As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement,we will perform tests of the City's compliance with the provisions of laws, regulations, contracts, and grant agreements that have a material effect on the financial statements. However,the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. We will include in our report on internal control over financial reporting and compliance relevant information about any fraud; noncompliance with provisions of laws, regulations, contracts, or grant agreements; or abuse that may have occurred that are required to be communicated under Government Auditing Standards. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Management responsibilities Our audit will be conducted on the basis that you (management and,when appropriate,those charged with governance) acknowledge and understand that you have certain responsibilities that are fundamental to the conduct of an audit. You are responsible for the preparation and fair presentation of the financial statements and RSI in accordance with U.S. GAAP. Management's responsibilities include the selection and application of accounting principles; recording and reflecting all transactions in the financial statements; determining the reasonableness of significant accounting estimates included in the financial statements; adjusting the financial statements to correct material misstatements; and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate,to the financial statements taken as a whole. You are responsible for the design, implementation, and maintenance of effective internal control, including evaluating and monitoring ongoing activities,to help ensure that appropriate goals and objectives are met relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.You are responsible for the design, implementation, and maintenance of internal controls to prevent and detect fraud; assessing the risk that the financial statements may be materially misstated as a result of fraud; and for informing us about all known or suspected fraud affecting the City involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements.Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the City received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for implementing systems designed to achieve compliance with applicable laws and regulations and the provisions of contracts and grant agreements; identifying and ensuring that the City complies with applicable laws, regulations, contracts, and grant agreements; and informing us of all instances of identified or suspected noncompliance whose effects on the financial statements should be considered. You are responsible for taking timely and appropriate steps to remedy any fraud; noncompliance with provisions of laws, regulations, contracts, or grant agreements; or abuse that we may report. October 8,2014 City of Eden Prairie,Minnesota Page 5 You are responsible for ensuring that management is reliable and for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, and other matters, and for the accuracy and completeness of that information, and for ensuring the information is reliable and properly reported; (2) additional information that we may request for the purpose of the audit; and (3) unrestricted access to persons within the City from whom we determine it necessary to obtain audit evidence.You agree to inform us of events occurring or facts discovered subsequent to the date of the financial statements that may affect the financial statements.You are also responsible for providing us access to component information,those charged with governance of components, component management, and component auditors (including relevant audit documentation and communications). Management is responsible for the preparation of the supplementary information in accordance with U.S. GAAP.You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on,the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon.You agree to provide us written representations related to the presentation of the supplementary information. Management is responsible for providing us with a written confirmation concerning representations made by you and your staff to us in connection with the audit and the presentation of the basic financial statements and RSI. During our engagement, we will request information and explanations from you regarding, among other matters,the City's activities, internal control, future plans, specific transactions,and accounting systems and procedures.The procedures we will perform during our engagement and the conclusions we reach as a basis for our report will be heavily influenced by the representations that we receive in the representation letter and otherwise from you.Accordingly, inaccurate, incomplete, or false representations could cause us to expend unnecessary effort or could cause a material fraud or error to go undetected by our procedures. In view of the foregoing, you agree that we shall not be responsible for any misstatements in the City's financial statements that we may fail to detect as a result of misrepresentations made to us by you. Management is responsible for authorizing the predecessor auditor to allow us to review the predecessor auditor's workpapers and to respond fully to our inquiries,thereby providing us with information to assist us in planning and performing the engagement.You will be responsible for any fees billed by the predecessor auditor related to our review of their workpapers and our inquiries. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the "Audit objectives" section of this letter.This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other engagements or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations,as well as your planned corrective actions for the report, and for the timing and format for providing that information. October 8,2014 City of Eden Prairie,Minnesota Page 6 Responsibilities and limitations related to nonaudit services For all nonaudit services we may provide to you, management agrees to assume all management responsibilities; oversee the services by designating an individual, preferably within senior management, who possesses suitable skill, knowledge, and/or experience to understand and oversee the services; evaluate the adequacy and results of the services; and accept responsibility for the results of the services. Use of financial statements The financial statements and our report thereon are for management's use. If you intend to reproduce and publish the financial statements and our report thereon,they must be reproduced in their entirety. Inclusion of the audited financial statements in a document, such as an annual report or an offering document, should be done only with our prior approval of the document.You are responsible to provide us the opportunity to review such documents before issuance. Should you decide to include or incorporate by reference these financial statements and our auditors' report(s) thereon in a future private placement or other offering of equity or debt securities, you agree that we are under no obligation to re-issue our report or provide consent for the use of our report in such a registration or offering document. We will determine, at our sole discretion,whether we will re-issue our report or provide consent for the use of our report only after we have performed the procedures we consider necessary in the circumstances. If we decide to re-issue our report or consent to the use of our report,we will be required to perform certain procedures including, but not limited to, (a) reading other information incorporated by reference in the registration statement or other offering document and (b) subsequent event procedures.These procedures will be considered an engagement separate and distinct from our audit engagement, and we will bill you separately. If we decide to re-issue our report or consent to the use of our report,you agree that we will be included on each distribution of draft offering materials and we will receive a complete set of final documents. If we decide not to re-issue our report or decide to withhold our consent to the use of our report, you may be required to engage another firm to audit periods covered by our audit reports, and that firm will likely bill you for its services. While the successor auditor may request access to our workpapers for those periods,we are under no obligation to permit such access. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website or submitted on a regulator website, you understand that electronic sites are a means to distribute information and,therefore,we are not required to read the information contained in those sites or to consider the consistency of other information in the electronic site with the original document. We may issue preliminary draft financial statements to you for your review.Any preliminary draft financial statements should not be relied on or distributed. Engagement administration and other matters We expect to begin our audit in January 2015. We understand that your employees will prepare all confirmations, account analyses, and audit schedules we request and will locate any documents or invoices selected by us for testing. A list of information we expect to need for our audit and the dates required will be provided in a separate communication. October 8,2014 City of Eden Prairie, Minnesota Page 7 We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. We are available to perform additional procedures with regard to fraud detection and prevention, at your request, as a separate engagement, subject to completion of our normal engagement acceptance procedures. The terms and fees of such an engagement would be documented in a separate engagement letter. The audit documentation for this engagement is the sole and exclusive property of CLA and constitutes confidential and proprietary information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely matter to the Minnesota Office of the State Auditor, or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities.We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of CLA personnel. Furthermore, upon request,we may provide copies of selected audit documentation to the aforementioned parties.These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of seven years after the report release date or for any additional period requested by the Minnesota Office of the State Auditor. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies)contesting the audit finding for guidance prior to destroying the audit documentation. Professional standards require us to be independent with respect to you in the performance of these services. Any discussion that you have with our personnel regarding potential employment with you could impair our independence with respect to this engagement. Therefore, we request that you inform us prior to any such discussions so that we can implement appropriate safeguards to maintain our independence and objectivity. Further, any employment offers to any staff members working on this engagement without our prior knowledge may require substantial additional procedures to ensure our independence.You will be responsible for any additional costs incurred to perform these procedures. Our relationship with you is limited to that described in this letter. As such,you understand and agree that we are acting solely as independent accountants.We are not acting in any way as a fiduciary or assuming any fiduciary responsibilities for you. We are not responsible for the preparation of any report to any governmental agency,or any other form, return, or report or for providing advice or any other service not specifically recited in this letter. Government Auditing Standards require that we make our most recent external peer review report publicly available.The report is posted on our website at www.CLAconnect.com/Aboutus/. Mediation Any disagreement, controversy, or claim ("Dispute") that may arise out of any aspect of our services or relationship with you, including this engagement, shall be governed by the Professional Services Agreement Dated October 8, 2014. October 8,2014 City of Eden Prairie,Minnesota Page 8 Fees We estimate that our fees for these services will be$27,350 for the audit of the City's basic financial statements and $3,100 for the single audit, if required. These fees also include travel and other out-of-pocket costs, such as report production,word processing, postage, etc...This fee is in accordance with our proposal dated September 18, 2014 and our contract dated October 8, 2014.The fee estimate is based on anticipated cooperation from your personnel and their assistance with preparing confirmations and requested schedules. If the requested items are not available on the dates required or are not accurate,the estimated fee for services will likely be higher. If unexpected circumstances require significant additional time,we will discuss the circumstances with you and arrive at a new fee estimate before we incur any additional costs. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and will not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed even if we have not issued our reports.You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket expenditures through the date of termination. Other fees You also agree to compensate us for any time and expenses, including time and expenses of legal counsel, we may incur in responding to discovery requests or participating as a witness or otherwise in any legal, regulatory, or other proceedings that we are asked to respond to on your behalf. You and your attorney will receive a copy of every subpoena or request we are asked to respond to.You can control the costs of any discovery process or document request by informing us which requests you would like us to act on. Finance charges and collection expenses You agree that if any statement is not paid within 30 days from its date,the unpaid balance shall accrue interest at the monthly rate of one and one-quarter percent (1.25%), which is an annual percentage rate of 15%. In the event that any collection action is required to collect unpaid balances due us, reasonable attorney fees and expenses shall be recoverable. Consent Consent to use financial information Annually, we assemble a variety of benchmarking analyses using client data obtained through our audit and other engagements. Some of this benchmarking information is published and released publicly. However, the information that we obtain is confidential, as required by ET Section 301 of the AICPA Code of Professional Conduct. Your acceptance of this engagement letter will serve as your consent to use of the City of Eden Prairie's information in these cost comparison, performance indicator, and/or benchmarking reports. Subcontractors CLA may, at times, use subcontractors to perform services under this agreement, and they may have access to your information and records. Any such subcontractors will be subject to the same restrictions on the use of such information and records as apply to CLA under this agreement. October 8,2014 City of Eden Prairie, Minnesota Page 9 Agreement We appreciate the opportunity to be of service to you and believe this letter accurately summarizes the significant terms of our engagement.This letter and the Professional Services Agreement Dated October 8 2014 constitutes the entire agreement regarding these services. If you have any questions, please let us know. Please sign, date, and return the enclosed copy of this letter to us to indicate your acknowledgment and understanding of, and agreement with,the arrangements for our audit of your financial statements including the terms of our engagement and our respective responsibilities. Sincerely, CliftonLarsonAllen LLP J6tiy,Lw. P Douglas P. Host, CPA Principal 612-376-4500 x12948 Doug.host@CLAconnect.com Enclosure Response: This letter correctly sets forth the understanding of the City of Eden Prairie. Authorized governance signature: Title: Date: Authorized management signature: Title: Date: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 21st, 2014 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: VIII.I. Approve Purchase of Microsoft for Windows Kristi Etter, IT Manager SQL Server Licenses through State Contract Requested Action Move to: Approve the purchase of"Microsoft SQL Server" licenses through State of Minnesota Agreement 01E61724. Synopsis This is for a 3 year contract to bring the City's Microsoft SQL Server licenses up to date. Originally, licenses were purchased as stand-alone licenses without software assurance. This has caused our current environment to become out of compliance over time. The contract includes annual payments,price protection for the duration of the 3-year term, and software assurance which will prevent compliance issues in the future. The total investment will be $61,798 for all licenses and necessary CAL's over three years. The payments will be split over the next three years as follows: 2014 - $17,438.00 2015 - $22,180.00 2016 - $22,180.00 At the end of the three years, licensing will still be paid annually; however, the cost will decrease substantially because we will only be paying for software assurance. Background Information Originally licenses were purchased as needed; however, as they've been upgraded over time, the licenses have become out of compliance. Attachments Enterprise Agreement with Microsoft and SHI(vendor) quote for license cost Below is the quote you requested. Please let me know if you have any questions. Thank you, Ashna *Please email all quote requests to QuotesMN@SHI.com* *Please email all order requests to OrdersMN@SHl.com OR fax 732-564-8280* 44111)11111-. Pricing Proposal Quotation#: 8386400 Description: Quotes on SQL licenses Created On: Aug-08-2014 Valid Until: Aug-31-2014 MN LOGIS Inside Account Manager Janelle Rients Ashna Kotak 5750 Duluth Street 290 Davidson Avenue Golden Valley Somerset,NJ 08873 NN Phone:732-537-7236 55422 Fax: 732-537-7237 Phone:(763)543-2623 Email: Ashna_Kotak@shi.com Fax: (763)543-2699 Email: jrients@logis.org All Prices are in US Dollar(USD) Product Qty Your Price Total 1 Microsoft SQL Server Standard Core Edition-License&software assurance-2 14 $1,073.00 $15,022.00 cores-Select,Select Plus-Win-Single Language Microsoft-Part#:7NQ-00300 Coverage Term: —Feb-28-2015 Note:Year 1 2 Microsoft SQL Server Standard Core Edition-License&software assurance-2 14 $1,365.00 $19,110.00 cores-Select,Select Plus-Win-Single Language Microsoft-Part#:7NQ-00300 Coverage Term: Mar-01-2015—Feb-29-2016 Note:Year 2 3 Microsoft SQL Server Standard Core Edition-License&software assurance-2 14 $1,365.00 $19,110.00 cores-Select,Select Plus-Win-Single Language Microsoft-Part#:7NQ-00300 Coverage Term: Mar-01-2016—Feb-28-2017 Note:Year 3 4 Microsoft SQL Server Standard Edition-License&software assurance-1 server- 5 $269.00 $1,345.00 Select,Select Plus-Win-Single Language Microsoft-Part#:228-04538 Coverage Term: —Feb-28-2015 Note:Year 1 5 Microsoft SQL Server Standard Edition-License&software assurance-1 server- 5 $342.00 $1,710.00 Select,Select Plus-Win-Single Language Microsoft-Part#:228-04538 Coverage Term: Mar-01-2015—Feb-29-2016 Note:Year 2 6 Microsoft SQL Server Standard Edition-License&software assurance-1 server- 5 $342.00 $1,710.00 Select,Select Plus-Win-Single Language Microsoft-Part#:228-04538 Coverage Term: Mar-01-2016—Feb-28-2017 Note:Year 3 7 Microsoft SQL Server-License&software assurance-1 device CAL-Select, 17 $63.00 $1,071.00 Select Plus-Single Language Microsoft-Part#:359-00769 Coverage Term: —Feb-28-2015 Note:Year 1 8 Microsoft SQL Server-License&software assurance-1 device CAL-Select, 17 $80.00 $1,360.00 Select Plus-Single Language Microsoft-Part#:359-00769 Coverage Term: Mar-01-2015—Feb-29-2016 Note:Year 2 9 Microsoft SQL Server-License&software assurance-1 device CAL-Select, 17 $80.00 $1,360.00 Select Plus-Single Language Microsoft-Part#:359-00769 Coverage Term: Mar-01-2016—Feb-28-2017 Note:Year 3 Total $61,798.00 Additional Comments "Please email all quote requests to QuotesMN@SHI.com" *Please email all order requests to OrdersMN@SHl.com OR fax 732-564-8280* Retrieve your quote: https://www.shi.com/Quotes/Quoteinfo.aspx The Products offered under this proposal are subject to the SHI Return Policy, unless there is an existing agreement between SHI and the Customer. cense type Existing License(cannot be upgraded) New License to be Purchased Class ep-sqlcc SQL Server 2008 Standard Web/users CPU,2 core (1)SQL Server Standard Core Edition-License&SA-2 cores ep-webvm SQL Server 2008 R2 Standard Class for web CPU,2 core (1)SQL Server Standard Core Edition-License&SA-2 cores Element ep-utilities SQL Server 2008 R2 Standard 3 users in PW. Database,3 CALs (1)SQL Server Stand Edition-License&SA+(3)SQL Server Standard Device CAL License&SA IT Applications ep-websense SQL Server 2008 R2 Standard 1 user Database,1 device CAL (1)SQL Server Stand Edition-License&SA+(1)SQL Server Standard Device CAL License&SA ep-intranet SQL Server 2000 Physical Server 2 CPU CPU 2 cores (2)SQL Server Standard 1 Processor 2000-License Only ep-backup SQL Server 2008 Standard Physical Server 12 core CPU 12 cores (6)SQL Server Standard Core Edition-License&SA-2 cores LIQUOR ep-liquor SQL Server 2008 R2 Standard 14 workstations CPU 2 core (1)SQL Server Standard Core Edition-License&SA-2 cores Multiple home grown apps. ep-sglvm SQL Server 2005 Standard Multiple Apps CPU 2 core SQL Server Standard 1 Processor 2005-License Only ep-sglvm08 SQL Server 2008 Standard Multiple Apps CPU 2 core (1)SQL Server Standard Core Edition-License&SA-2 cores New World Police Application ep-nwdb(new world) SQL Server 2008 Standard all police users CPU,4 core SQL Server Standard 1 Processor 2008-License Only ep-nwdss SQL Server 2008 R2 Standard 5 police named users database,5 device CALS. (1)SQL Server Stand Edition-License&SA+(5)SQL Server Standard Device CAL License&SA ep-nwmb SQL Server 2008 Standard all police mobiles CPU,1 core(purchase 2) (2)SQL Server Standard Core Edition-License&SA-2 cores ep-nwmbtest SQL Server 2008 Standard 3—4 mobile test database,4 device CALS (1)SQL Server Stand Edition-License&SA+(4)SQL Server Standard Device CAL License&SA ep-nwtrain SQL Server 2005 Standard 3—4 training stations database,4 device CALS (1)SQL Server Stand Edition-License&SA+(4)SQL Server Standard Device CAL License&SA Scada Water Application ep-water SQL Server 2008 R2 Standard Web CPU,1 core(purchase 2) (2)SQL Server Standard Core Edition-License&SA-2 cores Website Content Management(old) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Office of City Manager, Declare obsolete computer equipment as Information Technology/ surplus. Kristi Etter Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Renovo Data services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of obsolete computer equipment. The equipment is of no use and will be recycled. Renovo Data, an Eden Prairie company, will pick up and recycle the equipment and pay the City a fee for the items they can reuse. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment • List of surplus equipment 7/9/2014 Assest Type Manufacturer Serial Number MODEL DELXJET 832C HEWETT MY9AK130GR CASSETTE REC JVC 8934611 CONTROL PROCSSER CRESTRON ERORACK2 VIDEO MONETER PANASONIC 37100817 VIDEO MONETER PANASONIC 37100818 VIDEO MONETER PANASONIC 37100819 DISTRIBUTION AMP U.S. AUDIO 342924 BATTERY COMPART SHURE 948465 POWER SUPPLY WOHLER PS569025 TIME BASE CORECTOR FOR.@ 9360801 COLOR MONETER SONY 101500 COLOR MONETER SONY 101467 COLOR MONETER SONY 100955 COLOR MONETER SONY 100951 SPEAKERS DELL CN0JH9097162374K SPEAKERS DELL CN0CJ3783717471H SPEAKERS DELL CN0W273969804 CCTV CAMERA PANASONIC 37W05470 POWER SUPPLY ETA E6119204R0640001 PRINTER HP CNBJ328444 TIME KEEPER ALZATEX TMR218CBK VIDEO MONETER JVC 12101399 VIDEO MONETER JVC 15900850 DISPLAY SCREEN CRESTRON EROTPS2000L DISPLAY SCREEN CRESTRON TPS1700 PRINTER HP C8971A002 RECIVER AVID YQX433066 SCANNER HP HPKFCLSD0802 COLOR CAMERA SONY 112035 COLOR CAMERA SONY 112036 COLOR CAMERA SONY 112037 MONITER NEC 64C00635TA LED ALZATEX RYG11EBK VIDEO MONETER PORT ADC PP12226RS75N PRINTER HP CNGB289601 INEGRATION SWITCH EXTRON A0C4YKPE23146WO DESKTOP EDITOR PANASONIC J1TC00152 DVD PLAYER HP 6GFS156693 VIDEO MONETER DELL 2019498 LOPTOP PANASONIC DFQX3A07XA CD RECORDER MARANTZ MZ030212230099 DISPTRIBUTION AMP EXTRON A051ETBE18545D TIMER ALZATEX DPS2546E0 AM/FM TUNNER TOA 0614001206 COMPUTER DELL HWKN3H1 OPTIPLEX 755 COMPUTER DELL 939L9C1 OPTIPLEX 745 COMPUTER HP 2UA93701DG HP COMPAQ COMPUTER HP 2UA93701DJ HP COMPAQ COMPUTER HP 2UA9190B3S HP COMPAQ COMPUTER HP MXL0380QDY HP COMPAQ DESKTOP EDITOR PANASONIC J1TC00061 CASSETTE REC PANASONIC H3TA00494 COMPUTER HP 2UA9340N24 HP COMPAQ COMPUTER DELL 6GHXBB1 OPTIPLEX GX620 DISTRIBUTION AMP XANTECH SYLMARCA91342 MEAD TRASMITTER CRESTRON 6002448 2034229 PRINTER HP CNG8BDY6CF SWITCH CISCO FD01346YOFG RECORDING CRESTRON A072929 DIGITAL AMP KEYWEST 8003312019 SWITCH MITEL 56002115 SWITCH MITEL 9030027 INTERCOM HONEYWELL 209495Y BATTERY CHARGER PLANTRONICS BA209812 BATTERY CHARGER PLANTRONICS BA314423 BATTERY CHARGER PLANTRONICS BC315762 BATTERY CHARGER PLANTRONICS BE211806 COMPUTER POLICE 90E6BA974034 CUSTOM BUILD TV PANASONIC TH50PHD6 HDD STORAGE HP 407049001 HDD STORAGE HP M08GLMPXSM HDD STORAGE HP 3902Q002 7/22/2014 MONITER DELL CNOD5421 MONITER DELL MX0JO947 ACCESS POINT CISCO FTX1214BOYY COMPUTER DELL 8DRKG51 OPTIPLEX GX270 COMPUTER DELL GT7WKB1 OPTIPLEX GX620 COMPUTER DELL HHHXBB1 OPTIPLEX GX620 DVD DRIVE LIGHTsCRIBE 2A8031900273 MONITER DELL CNDY4299 COMPUTER DELL 90DPZ41 OPTIPLEX GX270 COMPUTER COMPAQ 512EPOGX COMPUTER DELL 9B4C551 OPTIPLEX GX270 COMPUTER DELL H3FOBC1 OPTIPLEX GX745 COMPUTER DELL 8P88551 OPTIPLEX GX270 COMPUTER DELL J88WKB1 OPTIPLEX GX620 COMPUTER DELL GQWLXF1 OPTIPLEX GX755 COMPUTER COMPAQ V116DYSZB997 DESKPRO EN 7/24/2014 COMPUTER DELL 2RXJNC1 OPTIPLEX GX745 COMPUTER DELL PIWW360BT LATITUDE D630 COMPUTER HP 2UA9510TX5 HP COMPAQ COMPUTER DELL 8CFQNH1 OPTIPLEX 755 COMPUTER DELL 3YGPNH1 OPTIPLEX 755 COMPUTER HP KP721AV HP COMPAQ COMPUTER HP 2UA9340N6J HP COMPAQ COMPUTER DELL 291LNH1 OPTIPLEX 755 COMPUTER HP 2UA9340N6V HP COMPAQ COMPUTER HP 2UA9400DND HP COMPAQ COMPUTER HP 2UA9340MTX HP COMPAQ COMPUTER DELL 2N2H741 OPTIPLEX GX270 COMPUTER HP 2UA93701DN HP COMPAQ COMPUTER HP 2UA93701DL HP COMPAQ COMPUTER DELL 2DFQNH1 OPTIPLEX 755 COMPUTER DELL JDHXBB1 OPTIPLEX GX620 COMPUTER HP 2UA9340MZS HP COMPAQ COMPUTER HP 2UA93701DQ HP COMPAQ COMPUTER HP 2UA9340N8J HP COMPAQ COMPUTER HP 2UA9340MSQ HP COMPAQ COMPUTER HP 2UA9400DNH HP COMPAQ COMPUTER HP 2UA9400DQX HP COMPAQ COMPUTER HP 2UA9400DQQ HP COMPAQ COMPUTER HP 2UA93701DM HP COMPAQ COMPUTER DELL 28HXBB1 OPTIPLEX GX620 8/27/2014 COMPUTER DELL 1Y7WKB1 OPTIPLEX GX620 COMPUTER DELL 3RXJNC1 OPTIPLEX 745 COMPUTER DELL FWKN3H1 OPTIPLEX 755 COMPUTER DELL 62QJ5D1 OPTIPLEX 745 COMPUTER DELL 391LNH1 OPTIPLEX 755 SFF COMPUTER DELL 4CFQNH1 OPTIPLEX 755 SFF COMPUTER DELL 9C64TF1 OPTIPLEX 755 COMPUTER DELL B2FOBC1 OPTIPLEX 745 COMPUTER DELL 50XSKB1 OPTIPLEX GX620 COMPUTER DELL 9WKN3H1 OPTIPLEX 755 COMPUTER DELL HJTMC91 OPTIPLEX GX 520 COMPUTER DELL J2FOBC1 OPTIPLEX 745 COMPUTER DELL 52FOBC1 OPTIPLEX 745 COMPUTER DELL HSN6W91 OPTIPLEX GX620 COMPUTER DELL 29XWMF1 OPTIPLEX COMPUTER DELL CWKN3H1 OPTIPLEX 755 TV PANASONIC LD82680019 CT32G23W TV DAEWOO DVQ-13H1FC GT22CV0106 DVD PLAYER SONY SLV-D380P 2017342 FAX MACHINE RICOH NMB-003 AC205 CITY COUNCIL AGENDA DATE: October 21, 2014 SECTION: Consent Calendar SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: VIII.K. Paul Schlueter Surplus Vehicles/Equipment Fleet Services Requested Action Move to: Declare the attached list of property as "surplus property" and available for sale or disposal through authorized methods. Synopsis Fleet Services provides retirement of surplus property(equipment/vehicles). The sale of used vehicles and equipment helps fund the purchase of new vehicles and equipment. The equipment and vehicles are auctioned in accordance with City Code 2.86 Subdivision. 3. Disposal of excess property. Background Information The City of Eden Prairie has an agreement in place with the State of Minnesota, Department of Administration Surplus Services to participate in their regularly scheduled vehicle and equipment auctions. Occasionally depending on the vehicle or equipment, a minimum auction reserve amount is set and if not met, other avenues such as trade-ins for new equipment are used to maximize surplus property returns. These surplus property disposal methods are in compliance with the city's Purchasing Policy and City code. Attachments • October 2014 Vehicle/Equipment Auction List TO: Robert Ellis FROM: Paul Schlueter DATE: October 21, 2014 SUBJECT: October 2014 Auction Vehicles & Equipment I am requesting authority to dispose of vehicles and equipment as noted below. All vehicles and equipment listed will be sold at Public Auction held by the State of Minnesota Department of Administration. The City will pay a sale fee of 10% of the purchase price for vehicles or equipment that sells for less than $4,000. For vehicles and equipment that sell for more than $4,000, the fee is 8%up to a maximum of$1,000. Minimum auction reserves will be set as noted and in the event the equipment does not sell at auction, other avenues such as equipment trade- ins will be utilized to obtain the maximum sale value. Vehicles & Equipment: Vehicle/ Vehicle/Equipment Auction Unit Year Unit Serial Number Equipment Make Model Reserve Amount 181 2001 1FV6GJAC71HH58089 Freightliner FL60 $16,000 118 1993 DW624GD542098 John Deere 624G $20,500 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/ Local Government Resolution in support of Economic Development Janet Arcserve applying to the Job Creation Fund Jeremiah/David Lindahl Program Requested Action Move to: Adopt the Resolution supporting Arcserve's application for the Minnesota Department of Employment and Economic Development's Job Creation Fund. Synopsis Arcserve, a data protection software company, is moving its headquarters to Eden Prairie. They will be moving, and or adding, 50-75 positions at their newly leased space at 8911 Columbine Road. arcserve is looking for Eden Prairie's support to apply for the Minnesota Department of Employment and Economic Development's Job Creation Fund. Arcserve currently has around 400 employees globally, with $100,000 million in revenue, and 43,000 end users in more than 50 countries. Many of the positions at the new Eden Prairie headquarters will be high-wage executive and administration positions, with room and intention for growth. Background Information The Job Creation Fund through the Minnesota Department of Employment and Economic Development,provides financial incentives to new and expanding businesses that meet certain job creation and capital investment targets. Companies deemed eligible to participate may receive up to $1 million for creating or retaining high-paying jobs and for constructing or renovating facilities or making other property improvements. To begin the application for the Job Creation Fund,businesses must gain municipal approval. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION APPROVING THE SUPPORT OF A JOB CREATION FUND APPLICATION IN CONNECTION WITH ARCSERVE WHEREAS, the City of Eden Prairie, Minnesota(the "City"), desires to assist arcserve, a data protection software company, which is locating their headquarters in the City; and WHEREAS, the City of Eden Prairie understands that arcserve, through and with the support of the City, intends to submit to the Minnesota Department of Employment and Economic Development an application for an award and/or rebate from the Job Creation Fund Program; and WHEREAS, the City of Eden Prairie held a city council meeting on October 21, 2014, to consider this matter. NOW, THEREFORE, BE IT RESOLVED that, after due consideration, the Mayor and the City Manager of the City of Eden Prairie, Minnesota, hereby express their approval of the new application for an award and/or rebate from the Job Creation Fund Program. ADOPTED by the City Council of the City of Eden Prairie this 21st day of October, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Public Hearing October 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Jim Richardson Special Assessment Hearing for the Public Works/Engineering Approval of the 2014 Special Assessments Requested Action Move to: • Close the public hearing for the approval of the 2014 Special Assessments; and • Adopt the resolution approving all Special Assessments presented in the fall of 2014. Synopsis Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments and contracted removal assessments. Staff recommends Council approve the list of assessments. Background Information City Council established the amount to be assessed for this fall's assessment hearing at its regular meeting on September 16, 2014. See Exhibit A for the list of Supplementals that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2014 is $11,663,695.63. Attachments • Resolution • Exhibit A • Published Notice • Notification List EXHIBIT A 1. I.C. 11-5799 Shady Oak Road Phase I Improvements Project Cost: $11,273,715.30 City Share: $0.00 Net Assessment: $11,273,715.30 Parcel PID# Property Owner Years/ % Amount 01-116-22-22-0017 United Healthcare Services, Inc. 7 Years at 4.85% $11,273,715.30 Supplementals Trunk Sewer and Water Parcel PID# Years/ % Amount Nine Mile Creek 10-116-22-11-0050 5 Years/4.85% $1,559.44 Eden Gardens 17-116-22-43-0002, 5 Years/4.85% $54,600.80 17-116-22-44-0013 Eden Heights East 20-116-22-41-0095 &0096 5 Years/4.85% $9,549.90 Hooverson Addition 23-116-22-34-0012 5 Years/4.85% $3,093.40 High Point at Riley Creek 29-116-22-13-0007 5 Years/4.85% $36,668.70 Bluffs West 13th Addition 35-116-22-14-0041 5 Years/4.85% $9,717.57 Connection Fees Bluffs West 13th Addition 35-116-22-14-0041 5 Years/4.85% $38,130.00 Snow Contracted Removal Popeye's 14-116-22-12-0014 1 Year/4.85% $87.50 Outten 20-116-22-43-0058 1 Year/4.85% $87.50 Bonner 23-116-22-34-0041 1 Year/4.85% $87.50 Corbin 25-116-22-21-0057 1 Year/4.85% $87.50 McCarthy 25-116-22-22-0024 1 Year/4.85% $87.50 Elizia 36-116-22-13-0062 1 Year/4.85% $175.00 Tree Contracted Removal Hustad Companies 01-116-22-32-0019 1 Year/4.85% $2,166.96 Fitzgibbon 04-116-22-31-0104 1 Year/4.85% $925.00 Edenvale Association 09-116-22-12-0068 1 Year/4.85% $617.01 Mudge 10-116-22-23-0026 1 Year/4.85% $1,575.00 McKay 22-116-22-24-0009 1 Year/4.85% $625.00 Gluden 23-116-22-13-0018 1 Year/4.85% $1,893.89 Owuor/Wahome 27-116-22-11-0022 1 Year/4.85% $2,006.04 Weed/Grass Contracted Removal Miller 07-116-22-32-0016 1 Year/4.85% $474.00 Moon 09-116-22-31-0103 1 Year/4.85% $158.00 Richardson 26-116-22-43-0092 1 Year/4.85% $158.00 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2014- WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November 1, 2014 until December 31, 2015. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2015. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. ADOPTED by the Eden Prairie City Council on this 21 St day of October 2014. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk NOTICE OF HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council will meet at 7:00 p.m. on Tuesday, October 21, 2014 in the City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of holding a Public Hearing to consider the proposed assessments for the following improvements in Hennepin County,Minnesota,Township 116,Range 22: PROJECT LC. 11-5799 The Project consists of improvements to Shady Oak Road. The area to be assessed consists of the property abutting Shady Oak Road from West 62nd Street to City West Parkway. The total amount to be assessed is$12,540,000.00. PROJECT LC. 11-5803 The Project consists of improvements for the Bluestem Lane Slope Stabilization Project. The area to be assessed is abutting Bluestem Lane. The total amount to be assessed is$225,449.12. SUPPLEMENTALS Trunk Sewer and Water 05-116-22-43-0039 10-116-22-11-0050 17-116-22-43-0002 17-116-22-44-0013 20-116-22-41-0095 20-116-22-41-0096 23-116-22-34-0012 29-116-22-13-0007 35-116-22-14-0041 The total amount to be assessed is$118,805.65 Connection Fees 35-116-22-14-0041 The total amount to be assessed is$38,130.00 Snow Contracted Removal 14-116-22-12-0014 20-116-22-43-0058 23-116-22-34-0041 25-116-22-21-0057 25-116-22-22-0024 36-116-22-13-0062 The total amount to be assessed is $612.50 Tree Contracted Removal 01-116-22-32-0019 04-116-22-31-0104 09-116-22-12-0068 10-116-22-23-0026 22-116-22-24-0009 23-116-22-13-0018 27-116-22-11-0022 The total amount to be assessed is$9,808.90 Tall Grass/Weed Contracted Removal 07-116-22-32-0016 09-116-22-31-0103 26-116-22-43-0092 The total amount to be assessed is$790.00 The proposed assessment roll is now on file with the City Clerk and in the office of the City Engineer and is open to inspection by all persons interested. All persons who wish to be heard with reference to the assessment roll should be present at the hearing to present either written or oral objections. Written or oral objections thereto by any property owner will be considered by the Council prior to the adoption of the assessment roll. CAUTION: No appeal may be taken as to the amount of any assessment adopted unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes 429.081,by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. For your further information,please note the following: Pursuant to Minnesota Statutes 435.193 through 435.195, which establishes a hardship assessment deferral for seniors or retired disabled, the procedure to obtain a deferred assessment and sets forth the events upon which the option to defer payment terminates and all amounts accumulated plus interest become due.Pursuant to these statutes,the City may defer the payment of special assessments for homestead property of persons 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments, who meet certain standards relating to eligibility. A deferment procedure is authorized by City Code Section 2.84 and has been established by City Resolution 83- 177. The principal amount of special assessments deferred for such persons will bear interest, but not exceeding 50% of the original principal amount of the assessment. Payment of the interest will also be deferred and will be added to the principal amount of the deferred assessment. Any person who wishes to receive a deferment must make application to the City Engineer's office no later than November 10th of the year preceding the year in which an assessment is payable. Applications therefore may be obtained from the City of Eden Prairie by contacting: Jim Richardson, Senior Engineering Technician City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8316 By order of the City Council Published once in the Eden Prairie News,October 2,2014 NOTIFICATION LIST 2014 SPECIAL ASSESSMENT HEARING NOTIFICATION LIST A copy of the Public Hearing Notice has been sent to owners of the following parcels: 01-116-22-22-0017 01-116-22-32-0019 04-116-22-31-0104 05-116-22-43-0039 07-116-22-32-0016 09-116-22-12-0068 09-116-22-31-0103 10-116-22-23-0026 14-116-22-12-0014 17-116-22-43-0002 17-116-22-44-0013 20-116-22-41-0095 20-116-22-41-0096 20-116-22-43-0058 22-116-22-24-0009 23-116-22-13-0018 23-116-22-34-0041 25-116-22-21-0057 25-116-22-22-0024 26-116-22-43-0092 26-116-22-44-0030 27-116-22-11-0022 29-116-22-13-0007 36-116-22-13-0062 CITY COUNCIL AGENDA DATE: October 21, 2014 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community SouthWest Transit Bus Garage Development/Planning Addition 2 Janet Jeremiah/Regina Rojas Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 10.1 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the I-2 Zoning District on 10.1 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The proposal is to construct an addition of 375 square feet to the existing principal building and to add a 1,800 square foot fuel canopy over existing fuel pumps. As a part of the request, the proponent is seeking two waivers to City Code requirements. The first is a waiver to the front yard setback from 50 feet to 21 feet for the fuel canopy. The fuel pump location is an existing condition. The proposed canopy is necessary to help prevent rainfall from falling directly onto the fuel pad and is recommended by the Minnesota Pollution Control Agency(MPCA). The second waiver request is to allow an increase in the shoreland impervious surface percentage. The property is in a shoreland area since it is located within 300 feet of Nine Mile Creek. The addition to the principal building increases the impervious surface percentage from 42.2% to 42.3%. The shoreland code requirement has a 30% impervious surface limitation. A PUD waiver was granted in 2006 for the site to allow 42.2% impervious surface. The waiver was granted because the building existed prior to the adoption of the shoreland code, a majority of the site is located outside of the 300 foot shoreland area, and a stormwater pond was constructed as mitigation. Background The 120-Day Review Period Expires on December 31, 2014. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the project at the September 22, 2014 meeting. Attachments 1. Ordinance 2. Resolutions 3. Staff Reports 4. Location Map 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2014-PUD- -2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: 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 amended within the I-2 Zoning District_-2014-PUD-_-2014 (hereinafter "PUD-_-2014- ). Section 3. The City Council hereby makes the following findings: A. PUD- -2014- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2014- 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-_-2014- are justified by the design of the development described therein. D. PUD-_-2014- is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2014, entered into between Southwest Metro Transit Commission, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD- -2014- , and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the I-2 District and shall be included hereafter in the Planned Unit Development -2014- , 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. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21St day of October, 2014, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2014. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2014. EXHIBIT A PUD Concept- SouthWest Transit Bus Garage Addition 2 Lot 1, Block 1 Rueter Addition, according to the recorded plat thereof, Hennepin County, Minnesota (Abstract Property) SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 FOR SOUTHWEST METRO TRANSIT COMMISSION WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on September 22, 2014, on the SouthWest Transit Bus Garage Addition 2 by Southwest Metro Transit Commission and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on October 21, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Southwest Transit Bus Garage Addition 2 being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated August 28, 2014, 3. That the PUD Concept meets the recommendations of the Planning Commission dated September 22, 2014. ADOPTED by the City Council of the City of Eden Prairie this 21st day of October, 2014. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A PUD Concept- SouthWest Transit Bus Garage Addition 2 Legal Description: Lot 1, Block 1 Rueter Addition, according to the recorded plat thereof, Hennepin County, Minnesota (Abstract Property) STAFF REPORT TO: Planning Commission FROM: Regina Rojas, Senior Planner DATE: September 19, 2014 SUBJECT: SouthWest Transit Bus Garage Addition 2 APPLICANT/ LSA Design, Inc. FEE OWNER: SouthWest Transit LOCATION: 14405 62nd Street West REQUEST: 1. Planned Unit Development Concept Review on 10.1 acres 2. Planned Unit Development District Review with waivers on 10.1 acres 3. Zoning District Amendment within the I-2 Zoning District on 10.1 acres 4. Site Plan Review on 10.1 acres BACKGROUND This site is guided Industrial and zoned I-2. Surrounding property is zoned I-2 and I-General to the east and south, and Public and Golf Course to the west. Surrounding property is guided Industrial to the east and south, and Public and Golf Course to the west. The City of Minnetonka abuts the property to the north, Nine Mile Creek to the east, and the Twin Cities & Western Railroad to the south. The building on the site was originally constructed in 1986 with an 83,400 square foot building. In 2006 the city approved a building addition of 14,500 square feet. SITE PLAN The exiting building is 97,900 square feet. The proposal is to construct an addition of 375 square feet to the existing principal building and to add a 1,800 square foot fuel canopy over existing fuel pumps. The total base area ratio for the site is 0.21 with a floor area ratio of 0.22. City code permits up to a 0.30 base area ratio and a 0.50 floor area ratio. Based on the use of the building a total of 73 parking stalls are required. The plan provides 64 parking stalls with additional proof-of-parking meeting code. The parking meets the setbacks for the I-2 zoning district. Staff Report—SouthWest Transit Bus Garage Addition September 19, 2014 Page 2 PUD WAIVERS Front yard setback along Indian Chief Road from 50 feet to 21 feet for the fuel canopy. The principal building and addition meet the setback requirements for the I-2 zoning district. The proposed fuel canopy is 21 feet from the front property line along Indian Chief Road. The required front yard setback is 50 feet. The fuel pump location is an existing condition. The proposed canopy is necessary to help prevent rainfall from falling directly onto the fuel pad and is recommended by the Minnesota Pollution Control Agency(MPCA). Shoreland impervious surface from 42.2% to 42.3%. The property is in a shoreland area since it is located within 300 feet of Nine Mile Creek. The creek is classified as General Development Water. Lots within 150 feet of the creek are considered abutting lots and must meet the following requirements. • Minimum lot size—5 acres • Minimum lot width at building line— 150 feet • Minimum lot width at Ordinary High Water Level— 150 feet • Minimum structure setback from Ordinary High Water Level— 150 feet The site, existing building, proposed addition and canopy meet these requirements. The addition to the principal building increases the impervious surface percentage from 42.2% to 42.3% or an additional 375 square feet. The shoreland code requirement has a 30% impervious surface limitation. A PUD waiver was granted in 2006 for the site to allow 42.2% impervious surface. The waiver was granted because the building existed prior to the adoption of the shoreland code, a majority of the site is located outside of the 300 foot shoreland area, and a stormwater pond was constructed as mitigation. GRADING AND DRAINAGE The proposed grading is minimal and will be accommodated with the existing stormwater and drainage plan. ARCHITECTURE The proposed addition will be built to match the existing building meeting code in the I-2 zoning district. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 10.1 acres. Staff Report—SouthWest Transit Bus Garage Addition September 19, 2014 Page 3 • Planned Unit Development District Review with waivers on 10.1 acres. • Zoning District Amendment within the I-2 Zoning District on 10.1 acres. • Site Plan Review on 10.1 acres. This is based on plans stamp dated August 28, 2014, and the following conditions: 1. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer. B. Install erosion control at the grading limits of the property for review and approval by the City Engineer. C. Notify the Nine Mile Creek Watershed District if there is over 50 cubic yards of soil disturbance or 5,000 square feet of surface area disturbance. Current calculations are under these thresholds. 2. Prior to building permit issuance for the property, the proponent shall: A. Submit detailed building plans to the Building Division and Fire Department for their review and approval. 3. The following waivers are granted for the property as part of the PUD: A. Front yard setback along Indian Chief Road from 50 feet to 21 feet for the fuel canopy. B. Shoreland impervious surface from 42.2%to 42.3%. Area Location Map - Southwest Transit Bus Garage Addition Address: 14405 62nd Street West Eden Prairie, Minnesota 55346 City of Minnetonka ----- 62nd Street West ----mrit SITE 0 V/ PI •,:' ;,,,,,a ' • •. Indian Chief Road / HUMMIN _ BIRD 1 4 F i - pr I o 7 iOJ 285 570 1,140 lv 1 1 I I I 1 1 , 4 i Guide Plan Map -Southwest Transit Bus Garage Addition 14405 62nd Street West, Eden Prairie, MN City of Minnetonka 62nd Street West 1/1/6 ,aillasa le co Indian Chief Road o ; co HUMMING- BIRD LN\ / 0 IV hfAi . / z i \ •G'-'- City of Eden Prairie La7C; ./-77/41h.Gui Guide / P lap 2000-2020�, ,,, 1--;CI Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Community Commercial Streams r//j Low Density/Public/Open Space - Regional Commercial —Principal Arterial —A Minor Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center 4•e • { 1 + ^ —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 b l Medium Density Residential/Office - Park/Open Space Ma or Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 E D E N - High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 2-23-06 DATE Revised 10-01-07 Minor Collector0 DATE Revised 03-23-06 DATE Revised 03-01-08 Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE EITIA Office/Industrial Open Water „o�t•D E +:+ j Office/Public/Open Space Right-Of-Way 620 310 M 0 op,...Me mo1.m_..„®.:"""o."., " :620 V7,1 Feet - Industrial Zoning Map - Southwest Transit Bus Garage Addition 14405 62nd Street West, Eden Prairie, MN City of Minnetonka 62nd Street West 1 J '/ <L-' Aie ' SITEwt ..\,/ Nits , r, �Q %) Indian Chief Road Apt H U N/ E J ,� I city of Eden Prairie Zo�' a F0 z ( =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•W0BIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I Right of Way -Regional Service Commercial 0 0.125 0.25 Miles .waL_op..m..=..m._..®..i..o.a.,a ..o...3E,,,„,m ,..,,mo, Aerial Map Southwest Transit Bus Garage Addition 14405 62nd Street West, Eden Prairie, MN Eden Prairie, MN 55346 • r .. 1 4• Wyk«.1�• . . *-f • -mor-4 . eel ..Gh'.{4t - - - - - . .,� 2n r .. 6 d Street West '2ND ST y , , _ .,-- ,A, G2 N D S- 7 'ir ,..--) , . , A 4 ___ ...._ ._ z sn ,_ _-.---- .,- 2 •'1 7 ' ..` 'j • • 4441416t; , 4, ' Indian Chief Road H. '� CT = . .. .. A . I -/YA1 '. • a r , r. v. ',:. . . ,ic:/. -''. I I I I I I I 9 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, SEPT. 22, 2014 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan, Charles Weber, Andrew Pieper STAFF MEMBERS: Julie Klima, City Planner Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. II. APPROVAL OF AGENDA MOTION by Frank, seconded by Egan, to approve the agenda. Motion carried 8-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON AUG 25, 2014 MOTION by Kirk, seconded by Frank, to approve the minutes. Motion carried 5-0. Frank, Stoltz and Wuttke abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. SOUTHWEST TRANSIT BUS GARAGE ADDITION 2 by LSA Design Inc., for Southwest Transit Location: 14405 62nd Street West Request for: September 22, 2014 Page 2 • Planned Unit Development Concept Review Amendment on 10.1 acres. • Planned Unit Development District Review with waivers on 10.1 acres • Zoning District Amendment within the I-2 Zoning District on 10.1 acres • Site Plan Review on 10.1 acres Joanne Olson, representing LSA Design, presented the proposal. She stated they are proposing an expansion to the bus garage by adding an additional 375 square feet to the existing principal building and to add a 1,800 square foot fuel canopy over the existing fuel pumps. Ms. Olson utilized the overhead projector to display the changes to the bus garage. Chair Stoltz asked Klima to review the staff report. Klima said there are 2 waivers requested and staff recommendation is for approval. Frank noted the tree line around the canopy and asked if there was a need for it. Klima said it does comply with the screening and landscaping requirements. Chair Stoltz opened the meeting for public input. There was no input. MOTION by Kirk, seconded by Pieper, to close the public hearing. Motion carried 8-0. MOTION by Kirk, seconded by Frank, to recommend approval of the Planned Unit Development Concept Review Amendment on 10.1 acres; Planned Unit Development District Review with waivers on 10.1 acres; Zoning District Amendment within the 1-2 Zoning District on 10.1 acres; Site Plan Review on 10.1 acres based on plans stamp dated August 28, 2014, and the information and conditions included in the staff report dated September 19, 2014. Motion carried 8-0. VII. PLANNERS' REPORT Klima said the City Council is extending their invitation for Commission Members for the October 7th Workshop located in the Heritage Room. VIII. MEMBERS' REPORT No Members' report. IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS September 22, 2014 Page 3 No new business. XI. ADJOURNMENT MOTION by Wuttke, seconded by Higgins, to adjourn the meeting. Motion carried 8-0. There being no further business, the meeting was adjourned at 7:12 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 234922—235 136 Wire Transfers 1008827— 1008952 Wire Transfers 5178—5194 August Purchasing Card Report City of Eden Prairie Council Check Summary 10/21/2014 Division Amount Division Amount General 79,863 601 Prairie Village Liquor 128,970 100 City Manager 3,960 602 Den Road Liquor 223,639 101 Legislative 5,110 603 Prairie View Liquor 132,533 110 City Clerk 527 605 Den Road Building 760 111 Customer Service 11,600 701 Water Fund 153,652 112 Human Resources 173 702 Sewer Fund 3,307 113 Communications 3,021 703 Storm Drainage Fund 86,306 114 Benefits&Training 889 Total Enterprises Funds 729,168 130 Assessing 1,956 131 Finance 6,228 316 WAFTA 300 132 Housing and Community Services 8,000 803 Escrow Fund 1,706 133 Planning 2,519 807 Benefits Fund 636,429 136 Public Safety Communications 14,905 811 Property Insurance 1,000 137 Economic Development 1,113 812 Fleet Internal Service 46,479 138 Community Development Admin. 53 813 IT Internal Service 42,367 151 Park Maintenance 34,924 814 Facilities Capital ISF 72,253 152 Parks Capital Outlay 102 815 Facilites Operating ISF 59,613 153 Organized Athletics 45 816 Facilites City Center ISF 105,614 154 Community Center 15,542 817 Facilites Comm.Center ISF 21,894 155 Beaches 222 Total Internal Service Funds 987,656 156 Youth Programs 1,344 158 Senior Center 5,428 159 Recreation Administration 547 Report Total 3,027,435 160 Therapeutic Recreation 159 162 Arts 5,274 163 Outdoor Center 685 164 Park Rental Facilities 180 168 Arts Center 532 180 Police 10,972 183 Emergency Preparedness 1,712 184 Fire 43,580 186 Inspections 4,137 200 Engineering 4,579 201 Street Maintenance 188,894 202 Street Lighting 67,694 Total General Funds 526,467 301 CDBG 34,957 303 Cemetary Operation 400 308 E-911 307 309 DWI Forfeiture 279 Total Special Revenue Funds 35,943 445 Cable PEG 10,721 Total Debt Service Funds 10,721 502 Park Development 9,618 509 CIP Fund 118 512 CIP Trails 18,396 522 Improvement Projects 2006 541 526 Transportation Fund 54,258 528 Shady Oak Rd-CR 61 North 4,900 530 Pool Upgrade/Expansion 593,492 531 Eden Prairie Road 33,334 532 EP Road Connect Flying Cloud 2,549 533 Homeowner Improvement Area 20,274 Total Capital Project Funds 737,481 City of Eden Prairie Council Check Register 10/21/2014 Check# Amount Supplier/Explanation Account Description Business Unit Explanation 235110 565,023 RJM CONSTRUCTION INC Other Contracted Services Pool Upgrade/Expansion Aquatics Expansion 235019 245,401 HEALTHPARTNERS Accounts Receivable Health and Benefits Monthly Health/Dental Insurance 5190 224,527 CERIDIAN Federal Taxes Withheld Health and Benefits Taxes Withheld 234932 171,405 ASTECH ASPHALT SURFACE TECHNOLOGIES CORP Crack Filling Street Maintenance Street Crackseal Project 5193 142,968 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5185 118,906 MINNESOTA DEPT OF REVENUE Sales Tax Payable Fleet Operating Sales/Use Taxes 234966 100,476 HENNEPIN COUNTY TREASURER Licenses&Taxes City Hall-Direct Costs Property Taxes 235074 79,249 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1008952 73,077 XCEL ENERGY Electric Traffic Signals 1008944 59,978 RESTORATION SYSTEMS INC Other Contracted Services Facilities Capital 5178 59,748 US BANK Repair&Maint.Supplies Storm Drainage 234972 53,844 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1008945 46,788 RICE LAKE CONSTRUCTION GROUP Other Contracted Services Water Capital 234995 42,291 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Eden Prairie Road 235126 37,425 TRAFFIC CONTROL CORPORATION Improvement Contracts Transportation Fund 234938 35,109 BLACKSTONE CONTRACTORS LLC Improvement Contracts Storm Drainage 235044 33,903 COMPASS CONSULTANTS INC Other Assets CIP-Bonds 1008869 28,486 HANSEN THORP PELLINEN OLSON Other Contracted Services Sewer Capital 234979 24,359 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 234997 24,213 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 235037 23,874 CARGILL SALT Salt Snow&Ice Control 234976 23,500 LANDMARK REMODELING LLC Other Contracted Services Rehab 5191 23,449 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 5192 22,337 ING Deferred Compensation General Fund 234965 21,051 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Pool Upgrade/Expansion 234936 20,274 BARNHOUSE EXTERIORS Other Contracted Services Homeowner Improvement Area 235017 20,071 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 1008862 18,759 EMERGENCY APPARATUS MAINTENANCE INC Equipment Repair&Maint Fire 235134 18,731 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 235117 18,652 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1008928 18,362 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 1008888 17,387 WALL TRENDS INC Contract Svcs-General Bldg Dunn Brothers 235018 16,987 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 235023 16,356 ALTERNATIVE BUSINESS FURNITURE INC Capital Under$25,000 City Center Operations 234943 14,924 BROWN TRAFFIC PRODUCTS INC Improvement Contracts Transportation Fund 234971 14,904 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 234992 14,753 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 235077 14,697 KOLLMER CONSULTANTS INC Design&Engineering Water Capital 1008875 13,600 METRO SALES INCORPORATED* Other Rentals IT Operating 5188 13,148 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 1008948 13,077 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 5182 12,740 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 235073 12,304 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 234987 12,275 NORTHERN AIR CORPORATION Other Contracted Services Facilities Capital 1008843 12,103 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 235061 11,742 GRAYMONT Treatment Chemicals Water Treatment Plant 1008883 11,323 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 5194 11,091 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 1008850 11,000 ROTO-ROOTER Contract Svcs-Plumbing Riley House 1008899 10,654 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 234934 9,842 AVI SYSTEMS INC Other Contracted Services Cable PEG 1008943 9,605 REINDERS INC Chemicals Park Maintenance 235103 9,474 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 235039 8,400 CENTURY COLLEGE Tuition Reimbursement/School Fire 1008872 8,189 JASPER ENGINEERING&EQUIPMENT COMPANY Equipment Parts Water Treatment Plant 235107 8,000 PROP Other Contracted Services Housing and Community Service 235135 7,969 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 235106 7,960 PROP Refunds CDBG-Public Service 234963 7,839 GRAYMONT Treatment Chemicals Water Treatment Plant 234985 7,315 MOBILE RADIO ENGINEERING INC Capital Under$25,000 Public Safety Communications 234977 7,286 LANO EQUIPMENT INC Equipment Parts Storm Drainage 1008922 6,783 BIFFS INC Waste Disposal Park Maintenance 1008856 6,729 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage Projects 1008881 6,470 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Treatment Plant 235043 6,426 COMMERCIAL ASPHALT CO Improvement Contracts Storm Drainage 5183 6,315 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 235016 6,222 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 235120 5,987 SPRINGSTED INCORPORATED Audit&Financial Finance 1008840 5,675 BRAUN INTERTEC CORPORATION Testing-Soil Boring Pool Upgrade/Expansion 1008933 5,229 HAWKINS INC Treatment Chemicals Water Treatment Plant 1008876 5,185 MINNESOTA DIRT WORKS INC Other Contracted Services CIP Trails 1008873 4,900 LAWN RANGER,INC,THE Improvement Contracts Shady Oak Rd-CR 61 North 235063 4,871 HD SUPPLY WATERWORKS LTD Merchandise for Resale Water Metering 1008896 4,581 BOUNDLESS NETWORK Operating Supplies Birthday Parties 234935 4,522 AVR INC Asphalt Overlay Street Maintenance 1008936 4,500 KAMIDA INC Other Contracted Services Round Lake 235030 4,456 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 234937 4,450 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1008930 4,429 GENUINE PARTS COMPANY Equipment Parts Storm Drainage 1008926 4,363 CERIDIAN Ceridian IT Operating 235102 3,730 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1008917 3,557 VINOCOPIA Liquor Product Received Den Road Liquor Store 234944 3,350 CASTLE FLOORING INC Other Contracted Services Rehab 1008897 3,200 BRAUN INTERTEC CORPORATION Design&Engineering Pool Upgrade/Expansion 235040 3,031 CENTURYLINK Elevators IT Telephone 1008854 2,918 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 235133 2,817 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1008909 2,798 PAUL'S TWO-WAY RADIO Equipment Parts Public Safety Communications 234928 2,750 ARM OF MINNESOTA Prepaid Expenses General Fund 235115 2,549 SHORT ELLIOTT HENDRICKSON INC Design&Engineering EP Rd Connect to Flying Cloud 234931 2,470 ASPEN MILLS Clothing&Uniforms Fire 235054 2,462 EARL F ANDERSEN INC Signs Transportation Fund 1008870 2,459 HAWKINS INC Treatment Chemicals Water Treatment Plant 1008931 2,415 GRAINGER Supplies-Electrical Public Works/Parks Check# Amount Supplier/Explanation Account Description Business Unit Explanation 235075 2,414 KAISER,DAVID S Contract Svcs-General Bldg Facilities Staff 1008951 2,403 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1008861 2,298 DAIKIN APPLIED Contract Svcs-HVAC Public Works/Parks 234991 2,279 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1008892 2,221 XCEL ENERGY Electric Forest Hills Park 235020 2,190 HEALTHPARTNERS Health&Fitness Fire 234967 2,188 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 235108 2,119 R&H THEATRICALS Licenses,Permits,Taxes Summer Theatre 235033 2,095 BRAAS CO Equipment Parts Water Treatment Plant 234952 1,824 EMERGENCY RESPONSE SOLUTIONS EMS Supplies Fire 5187 1,797 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 5180 1,795 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 1008859 1,776 CDW GOVERNMENT INC. Computers IT Operating 1008934 1,772 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 235078 1,758 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 235060 1,753 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 234957 1,699 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 235121 1,692 STAPLES ADVANTAGE Office Supplies Elections 1008891 1,662 WM MUELLER AND SONS INC Gravel Park Maintenance 235026 1,661 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1008886 1,652 VAN PAPER COMPANY Cleaning Supplies Pool Maintenance 234988 1,651 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 1008947 1,610 STREICHERS Clothing&Uniforms Police 1008871 1,468 IDENTISYS Equipment Repair&Maint Public Safety Communications 234961 1,445 GIRARD'S BUSINESS SOLUTIONS INC Postage Customer Service 1008887 1,441 VTI Maintenance Contracts Utility Operations-General 235118 1,404 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 1008907 1,395 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 234955 1,395 FCX PERFORMANCE INC Equipment Parts Water Treatment Plant 1008890 1,389 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1008868 1,387 GRAINGER Supplies-HVAC Water Treatment Plant 234998 1,321 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 1008935 1,315 JEFFERSON FIRE&SAFETY INC Small Tools Fire 1008898 1,286 CLAREY'S SAFETY EQUIPMENT Operating Supplies Emergency Preparedness 235051 1,265 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 235029 1,260 BARTON SAND&GRAVEL CO Repair&Maint.Supplies Storm Drainage 235031 1,258 BERG-JOHNSON ASSOCIATES INC Equipment Parts Water Treatment Plant 235097 1,256 NORTHERN AIR CORPORATION Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 1008857 1,242 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1008915 1,220 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating 235014 1,200 WICKLUND,BRIAN Other Contracted Services Fall Harvest 1008950 1,192 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1008877 1,150 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concrt Dunn Brothers 1008921 1,118 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 235028 1,071 AVR INC Asphalt Overlay Street Maintenance 235067 1,056 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 235041 1,050 CENTURYLINK Telephone IT Operating 234981 1,011 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie View Liquor Store 235050 1,000 CURRIN,SHAYNE Insurance Property Insurance Check# Amount Supplier/Explanation Account Description Business Unit Explanation 234946 989 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 235101 985 OUT BACK NURSERY INC Landscape Materials/Supp Cummins Grill 1008940 982 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 235085 969 MEDICINE LAKE TOURS Special Event Fees Trips 5186 951 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1008906 946 MILLARD,CHRIS Tuition Reimbursement/School Police 235048 938 COUNTINGCARS.COM Operating Supplies Engineering 234956 903 FIRE SAFETY USA INC Repair&Maint.Supplies Fire 235057 886 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Storm Drainage 235091 880 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons 1008932 879 GRANICUS INC Equipment Repair&Maint Cable PEG 235003 855 SYMBOLARTS Miscellaneous Police 235021 850 1ST CONCRETE INC Canine Supplies Police 1008908 844 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Fitness/Conference-Cmty Ctr 235047 841 COSTCO Operating Supplies Theatre Initiative 1008882 827 STREICHERS Clothing&Uniforms Police 1008903 809 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 234929 807 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 235007 800 TREE&STUMP CO,THE Contract Svcs-Lawn Maint. City Hall-CAM 235064 789 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 235131 778 VOICE&DATA NETWORKS INC Other Assets IT Capital 1008839 767 BOUNDLESS NETWORK Clothing&Uniforms Arts Center 235087 766 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie View Liquor Store 235052 750 DODGE OF BURNSVILLE Equipment Repair&Maint Fleet Operating 234939 726 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Den Bldg.-Direct 235034 700 BRIN NORTHWESTERN GLASS COMPANY Contract Svcs-General Bldg Senior Center 235032 682 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 235042 680 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 234962 669 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 235122 664 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-HVAC Prairie View Liquor Store 1008894 651 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 1008845 649 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 1008895 626 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1008919 616 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 235013 615 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 235015 595 WILSONS NURSERY INC Landscape Materials/Supp Cummins Grill 234922 578 PETTY CASH Licenses&Taxes Senior Center Admin 1008867 567 GOVDELIVERY Software Maintenance IT Operating 1008880 541 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 1008918 539 W P&R S MARS CO Lubricants&Additives Fleet Operating 235022 535 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Fire Station#1 1008863 525 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 1008942 523 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Water Wells 235000 508 STAPLES ADVANTAGE Office Supplies Customer Service 234954 500 FAHEY,MATT L Other Contracted Services Fall Harvest 235096 495 NFPA Dues&Subscriptions Fire 1008913 479 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 235094 479 NAFA Dues&Subscriptions Fleet Operating 235130 475 VIERE GRANITE CARVING INC Other Contracted Services Park Acquisition&Development Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1008912 471 SALUNKE,ADITI Conference/Training IT Operating 235099 468 OLYMPIC HILLS GOLF CLUB Outside Water Sales Escrow 235025 462 ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police 1008925 459 CENTERPOINT ENERGY Gas Arts Center 5189 437 CERIDIAN Garnishment Withheld General Fund 234941 435 BOOM ISLAND BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1008910 435 PROSOURCE SUPPLY Cleaning Supplies Ice Arena Maintenance 1008864 425 FASTSIGNS Operating Supplies Community Center Admin 1008889 417 WATSON CO INC,THE Merchandise for Resale Concessions 1008949 412 US HEALTH WORKS MEDICAL GRP MN,PC Health&Fitness Fire 1008831 400 SINELL,STEVE Mileage&Parking Assessing 1008939 397 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1008901 390 FASTENAL COMPANY Operating Supplies Fleet Operating 234990 382 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 235071 375 J P COOKE CO,THE Operating Supplies Animal Control 234994 374 PRINT SOURCE MINNESOTA Printing Fire 235065 370 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 234945 359 CENTURYLINK Telephone IT Telephone 235083 355 MASTER CRAFT LABELS INC Printing Emergency Preparedness 234968 350 HYDRO-VAC INC Equipment Repair&Maint Storm Drainage 235076 343 KEEPERS Clothing&Uniforms Fire 234989 343 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 235070 336 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 235053 334 E A SWEEN COMPANY Merchandise for Resale Concessions 235046 329 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 235088 326 MINNESOTA CONWAY Contract Svcs-Fire/Life/Sfty City Hall-CAM 235010 325 VINE LINE DISTRIBUTION LLC Liquor Product Received Prairie View Liquor Store 1008855 319 WEEDMAN,NICOLE Mileage&Parking Youth Programs Admin 235045 317 CONSTRUCTION MATERIALS INC Small Tools Street Maintenance 235009 315 VERIZON WIRELESS Telephone Park Maintenance 234975 314 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 234927 307 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 234984 305 MN DEPT OF TRANSPORTATION Improvement Contracts Transportation Fund 234953 302 ERICKSON ENGINEERING COMPANY LLC Design&Engineering Engineering 235089 300 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes WAFTA 235035 299 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 1008860 298 CERIDIAN Ceridian IT Operating 1008838 290 BERNE SCALE Equipment Repair&Maint Water Treatment Plant 235105 279 PRINT SOURCE MINNESOTA Printing Specialty Fitness Programs 235100 273 ONCE UPON A STAR Instructor Service Preschool Events 235027 273 ASPEN MILLS Clothing&Uniforms Fire 1008866 272 FRONTIER PRECISION INC Operating Supplies Engineering 235082 271 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Sewer System Maintenance 235092 267 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 234993 261 PINNACLE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 234924 258 ADESA MPLS Miscellaneous DWI Forfeiture 235005 250 TAYLOR,EMILY Other Contracted Services Arts 235056 250 ERGOMETRICS Other Contracted Services Organizational Services 235084 250 MCCANN,SHAWN DANIEL Other Contracted Services Arts Check# Amount Supplier/Explanation Account Description Business Unit Explanation 235086 250 MID-STATES ORGANIZED CRIME INFO CENTER Dues&Subscriptions Police 1008937 248 LOGIS Network Support IT Operating 234980 240 MID AMERICA FESTIVALS Deposits Escrow 1008858 239 BOYER TRUCKS Equipment Parts Fleet Operating 234978 235 LIBERTY TIRE RECYCLING LLC Waste Disposal Fleet Operating 1008920 234 2ND WIND EXERCISE Equipment Repair&Maint Fitness Center 1008851 231 SAMS,JOHN Mileage&Parking Assessing 1008927 224 CONCRETE CUTTING&CORING INC Equipment Parts Sewer System Maintenance 1008929 222 FASTSIGNS Operating Supplies Round Lake Beach 1008878 215 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1008938 211 MENARDS Operating Supplies Sewer System Maintenance 1008849 209 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1008885 206 US HEALTH WORKS MEDICAL GRP MN,PC Health&Fitness Fire 235024 202 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 5184 200 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 235002 200 SUSA Licenses&Taxes Sewer Utility-General 235012 200 VOLZ,NATE Building Materials Outdoor Center 235004 196 TALKPOINT TECHNOLOGIES INC Equipment Repair&Maint Public Safety Communications 234926 192 AMERICAN WORKSHOP Other Contracted Services Senior Center Programs 234964 190 GS DIRECT Operating Supplies Engineering 235011 187 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M Dues&Subscriptions Fire 235128 177 TURFWERKS Equipment Parts Fleet Operating 235093 173 MOLDOVONOV,DENNIS Deposits-P&R Refunds Community Center Admin 235132 172 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 234999 165 SPORTS PRO LLC Equipment Repair&Maint Police 1008842 165 CLAREY'S SAFETY EQUIPMENT Operating Supplies Police 1008900 164 EXTREME BEVERAGE Liquor Product Received Prairie Village Liquor Store 1008914 160 TYRA-LUKENS,NANCY Mileage&Parking City Council 234996 160 SONETICS CORPORATION Equipment Repair&Maint Public Safety Communications 1008846 156 KOTCHEVAR,SUSAN Mileage&Parking Finance 235119 155 SPEEDPRO IMAGING OF SHAKOPEE Protective Clothing Fire 5181 153 OPTUM HEALTH Other Contracted Services Health and Benefits 234958 151 FORMS&SYSTEMS OF MINNESOTA Printing Police 234923 150 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1008830 146 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 1008884 145 UPS Equipment Repair&Maint Fire 234960 144 GERTENS Landscape Materials/Supp Park Maintenance 1008847 140 MAIER,NATHAN Protective Clothing Fire 1008865 138 FEDEX Postage Police 235104 138 PINE PRODUCTS INC Landscape Materials/Supp Park Maintenance 234942 138 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 235111 138 SAFELITE FULFILLMENT INC Equipment Parts Fleet Operating 1008836 131 ZIEGLER INC Equipment Parts Fleet Operating 5179 125 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 1008828 123 MPX GROUP,THE Printing Police 234940 123 BOKUSY,MARK Outside Water Sales Water Enterprise Fund 1008911 122 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1008841 122 BRINK,LORI Mileage&Parking Recreation Admin 234973 120 KANG,ERIC Deposits-P&R Refunds Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Explanation 234986 117 MUNICIPALS Other Contracted Services Escrow 234947 117 CLUTS,BRIAN Deposits CDBG-Program 235058 113 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 235036 112 BSN SPORTS Operating Supplies Lesson Skills Development 1008879 110 SPRINT Computers IT Operating 235081 107 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 1008904 105 JOHNSTONE SUPPLY Building Repair&Maint. Utility Operations-General 1008852 102 SEELYE Equipment Parts Water Treatment Plant 1008874 101 MENARDS Equipment Parts Water Treatment Plant 234930 100 ARVIDSON,MARK Refunds Environmental Education 234951 100 EM,CHANSAY Refunds Environmental Education 1008844 97 EXTREME BEVERAGE Liquor Product Received Prairie View Liquor Store 235049 97 CUB FOODS EDEN PRAIRIE Operating Supplies Police 1008902 96 GUNNAR ELECTRIC CO INC Other Contracted Services Street Lighting 1008837 96 BATTERIES PLUS Repair&Maint.Supplies Sewer Liftstation 1008893 95 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities 1008853 94 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 234959 87 GENG,YANG AR Utility Water Enterprise Fund 1008946 86 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 1008916 85 VERLEY,VALERIE Mileage&Parking Athletic Programs Admin 234969 85 IAFCI MN CHAPTER Conference/Training Police 234983 85 MINNESOTA WATER WELL ASSOCIATION Licenses&Taxes Water Treatment Plant 1008923 82 BOYER TRUCKS Equipment Parts Fleet Operating 234970 81 J H LARSON COMPANY Repair&Maint.Supplies Riley Lake 1008829 78 MUNOZ,CESAR Mileage&Parking Police 1008848 77 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 235059 72 GENERAL PARTS LLC Supplies-General Bldg Public Works/Parks 235006 72 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store 1008834 70 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 234974 62 KEEPERS Clothing&Uniforms Fire 1008832 59 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#2 235090 59 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 235113 58 SCHULKE,REED Operating Supplies Theatre Initiative 1008833 56 GINA MARIAS INC Operating Supplies Reserves 234933 53 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 1008835 52 NORCOSTCO Clothing&Uniforms Theatre Initiative 1008905 52 KRUEGER,MARK Operating Supplies Reserves 235055 50 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council 234950 49 DIRECTV Other Contracted Services Police 234925 48 ADMINISTRATIVE PROFESSIONAL TODAY Dues&Subscriptions Police 234949 44 CONTECH ENGINEERED SOLUTIONS LLC Repair&Maint.Supplies Storm Drainage 235066 43 HENNEPIN COUNTY TREASURER Postage Police 235124 42 TANGEMAN,BETH Operating Supplies Theatre Initiative 235123 40 SUNDELL,PAUL&DOROPTHY Deposits Community Center Admin 1008924 34 CAWLEY COMPANY,THE Clothing&Uniforms Den Road Liquor Store 235008 29 UNIFORMS UNLIMITED Clothing&Uniforms Police 235116 28 SMITH,GARY Deposits-P&R Refunds Community Center Admin 1008941 28 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 235072 24 JERRY'S ENTERPRISES INC Operating Supplies Senior Center Programs Check# Amount Supplier/Explanation Account Description Business Unit Explanation 235109 22 RAMSEY COUNTY Postage Police 235129 21 UNIFORMS UNLIMITED Clothing&Uniforms Police 235001 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 235038 20 CARVER COUNTY TREASURER Dues&Subscriptions Police 235062 20 HANSON,LINDA Deposits Community Center Admin 235068 20 HOVEY,MAVERICK Deposits Community Center Admin 235080 20 LEGAND,PAULA J Deposits Community Center Admin 235095 20 NEMANI,GOPALA Deposits Community Center Admin 235098 20 OFFICE OF MN IT SERVICES Other Contracted Services Police 235114 20 SCOTT COUNTY Dues&Subscriptions Police 235127 20 TSE,FUNG Deposits Community Center Admin 235136 20 YOROBE,EDGARDO Deposits Community Center Admin 235112 20 SCHEE,DEBORAH Operating Supplies Theatre Initiative 235069 17 ILUSHKA,TAMARA AR Utility Water Enterprise Fund 234982 15 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Conference/Training Den Road Liquor Store 1008827 12 FASTENAL COMPANY Operating Supplies Fleet Operating 235125 7 TIEDEN,ANNIE Deposits-P&R Refunds Community Center Admin 235079 4 LANO EQUIPMENT INC Equipment Parts Fleet Operating 234948 2 COMCAST Other Contracted Services Police 3,027,435 Grand Total City of Eden Prairie Purchasing Card Payment Report August 2014 Purchases Amount Explanation Vendor Account Description Business Unit 86 US-tools HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Sewer Liftstation 24 US-shop supplies HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Utility Operations-General 25 US-shovel MENARDS Small Tools Water System Maintenance 6 US-water SUPERAMERICA Repair&Maint. Supplies Water System Maintenance 22 US-mail box HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General 61 US-painters MENARDS Repair&Maint. Supplies Water System Maintenance 40 US-beach NORTHERN TOOL&EQUIPMENT Operating Supplies Park Maintenance 77 US-tree crew HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 37 US-watering staff MENARDS Operating Supplies Park Maintenance 20 US-hort MENARDS Operating Supplies Park Maintenance 15 US-hort MENARDS Operating Supplies Park Maintenance 19 US-foam back roller KNEWTSON HEALTH GROUP Repair&Maint. Supplies Utility Operations-General 300 US-annual conf PAYPAL INC Conference/Training Communications 493 US-open house giveaways CARSTICKERS.COM Printing Communications 17 US-parking STANDARD PARKING Mileage&Parking Communications 278 US-parts AMAZON.COM Equipment Parts Fleet Operating 44 US-parts FRONTIER INC Equipment Parts Fleet Operating 53 US-travel TAXIMOUZYNE INC Mileage&Parking Fire 71 US-supplies LUDLUM MEASUREMENTS Repair&Maint.Supplies Emergency Preparedness 47 US-golf classic CUB FOODS EDEN PRAIRIE Operating Supplies Senior Center Programs 2,338 US-golf classic DAHLGREEN GOLF CLUB Special Event Fees Senior Center Programs 810 US-golf classic TRADITIONS OLD&NEW Special Event Fees Senior Center Programs 200 US-motor for bansaw SEARS EDEN PRAIRIE Equipment Repair&Maint Senior Center Programs 80 US-conf-minton 25LIVE Conference/Training Recreation Admin 80 US-conf-witt 25LIVE Conference/Training Recreation Admin 80 US-conf-brink 25LIVE Conference/Training Recreation Admin 80 US-conf weedman 25LIVE Conference/Training Recreation Admin 80 US-conf bohnsack 25LIVE Conference/Training Recreation Admin 2,214 US-employee picnic ANNIE'S CAFE Other Contracted Services Internal Events 284 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Admin 100 US-playhouse deposit PLYMOUTH PLAYHOUSE Special Event Fees Trips 38 US-tickets DAY TRIPPERS DINNER THEATRE Special Event Fees Trips 12 US-cc pavers MENARDS Building Repair&Maint. Park Maintenance 18 US-grills signs MENARDS Operating Supplies Park Maintenance 8 US-kitchen supplies BYERLYS Repair&Maint.Supplies Utility Operations-General 167 US-door hangars FEDEX Office Supplies Utility Operations-General 67 US-cleaning supplies MENARDS Cleaning Supplies Utility Operations-General 19 US-calculator WALMART COMMUNITY Office Supplies Water Treatment Plant 19 US-elec HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 30 US-flying cloud in MENARDS Repair&Maint.Supplies Park Maintenance 49 US-online class-elec lic PACEPDH.COM Licenses,Permits,Taxes,Fees Park Maintenance 149 US-goose control WATCH DOG Operating Supplies Park Maintenance 13 US-am meeting PANERA BREAD Operating Supplies Fire 147 US-A Fullerton's flowers BACHMANS CREDIT DEPT Deposits Escrow 1,609 US-annual picnic FAMOUS DAVE'S Operating Supplies Fire Amount Explanation Vendor Account Description Business Unit 151 US-E Anderson flowers BACHMANS CREDIT DEPT Deposits Escrow 85 US-bldg registration DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Inspections-Administration 85 US-bldg registration DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Inspections-Administration 340 US-bldg registration DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Inspections-Administration 85 US-bldg registration DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Inspections-Administration 170 US-bldg registration DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Inspections-Administration 255 US-bldg registration DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Inspections-Administration 205 US-duty room GANDER MOUNTAIN Clothing&Uniforms Fire 210 US-registration IAAI Dues&Subscriptions Fire 75 US-elections BATTERIES PLUS Operating Supplies Elections 66 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 91 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 10 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 125 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 17 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 195 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 158 US-operating-café HOCKENBERGS Operating Supplies Concessions 117 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 72 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 39 US-cafe food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 10 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 8 US-donuts SUPERAMERICA Merchandise for Resale Concessions 7 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 22 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 158 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 97 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 15 US-rain gauge MENARDS Repair&Maint.Supplies Water Treatment Plant 17 US-conf rooms MY CABLE MART Capital Under$25,000 Conference Rooms 205 US-conf rooms MUSICIANSFRIEND.COM Capital Under$25,000 Conference Rooms -1 US-conf rooms MY CABLE MART Capital Under$25,000 Conference Rooms 37 US-admin supplies TARGET Operating Supplies Community Center Admin 136 US-supplies TRAINER'S WAREHOUSE Operating Supplies Fire 50 US-conf registration IAFCI Conference/Training Fire 25 US-bag fee DELTA AIR Conference/Training Fire 25 US-bag fee DELTA AIR Conference/Training Fire 79 US-sprint airwave AMAZON.COM Miscellaneous IT Operating 49 US-toner cartridges AMAZON.COM Miscellaneous IT Operating 17 US-apple cable AMAZON.COM Miscellaneous IT Operating 49 US-tv wall mount AMAZON.COM Computers IT Operating 16 US-microsoft lync MICROSOFT CORPORATE Software IT Operating 184 US-label printers AMAZON.COM Computers IT Operating 26 US-tv wall mount AMAZON.COM Computers IT Operating 512 US-flight-aditi UNITED AIR Conference/Training IT Operating 512 US-flight-dan UNITED AIR Conference/Training IT Operating 130 US-brother printer AMAZON.COM Computers IT Operating 7 US-battery tester AMAZON.COM Office Supplies IT Operating 65 US-projector lamp AMAZON.COM Computers IT Operating 1,525 US-conference expense PAYPAL INC Conference/Training Communications -100 US-conf reimb PAYPAL INC Conference/Training Communications Amount Explanation Vendor Account Description Business Unit 495 US-conf RAIL-VOLUTION.COM Conference/Training Administration 188 US-wristbands REMINDERBAND Operating Supplies Ice Rink#1 26 US-misc cables MY CABLE MART Miscellaneous IT Operating 43 US-display board materials MICRO CENTER A/R Operating Supplies Police 39 US-baseline-return UPS STORE,THE Operating Supplies Park Maintenance 102 US-edenvale/grills MENARDS Improvements to Land Capital Outlay Parks 14 US-pool fountain-purgatory MENARDS Operating Supplies Park Maintenance 53 US-tape measures MENARDS Operating Supplies Park Maintenance 24 US-irrigation MENARDS Operating Supplies Park Maintenance 65 US-access key identifiers KAT KEYS LOCK AND SAFE CO Fire Prevention Supplies Fire 299 US-truck tool HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 331 US-bridges MENARDS Building Materials Park Maintenance 192 US-outdoor ctr MENARDS Building Materials Outdoor Center 47 US-outdoor ctr MENARDS Building Materials Outdoor Center 8 US-outdoor ctr MENARDS Building Materials Outdoor Center 1,153 US-tools in meter shop SEARS Small Tools Water Metering 28 US-parking LRT presentation STANDARD PARKING Mileage&Parking Community Development Admin. 142 US-workout items SEARS EDEN PRAIRIE Operating Supplies Fitness Classes 59 US-workout items SEARS EDEN PRAIRIE Operating Supplies Fitness Classes 44 US-cc pavers MENARDS Building Repair&Maint. Park Maintenance 98 US-cc pavers A TO Z RENTAL CENTER Operating Supplies Park Maintenance 70 US-cc pavers MENARDS Building Repair&Maint. Park Maintenance 10 US-sympathy cards DOLLAR TREE STORES,INC. Operating Supplies Community Center Admin 19 US-employee picnic OFFICEMAX CREDIT PLAN Operating Supplies Internal Events 290 US-epcc operating supplies HAWK LABELING SYSTEMS Operating Supplies Community Center Admin 152 US-posting-payroll specialist INDEED INC Employment Advertising Organizational Services 35 US-new hire gifts WALMART COMMUNITY Employee Award Organizational Services 45 US-training-L Kerns ST PAUL COLLEGE Conference/Training Organizational Services 4 US-new hire gifts TARGET Employee Award Organizational Services 115 US-membership AASLH Dues&Subscriptions Heritage Preservation 610 US-training AASLH Conference/Training Heritage Preservation 203 US-membership APA MINNESOTA Dues&Subscriptions Planning 435 US-training AASLH Conference/Training Heritage Preservation 610 US-training AASLH Conference/Training Heritage Preservation 495 US-training-rojas RAIL-VOLUTION.COM Conference/Training Heritage Preservation 6,314 US-July14 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 1,739 US-July14 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 1,984 US-July14 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -201 US-July14 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 185 US-Counterpoint Fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 335 US-Counterpoint Fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 209 US-Counterpoint Fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 64 US-UB online processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB recurring PAYPAL INC Bank and Service Charges Utility Operations-General 39 US-gym supplies SPORTS AUTHORITY Operating Supplies Gymnasium(CC) 27 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 14 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 180 US-pickle ball awards CROWN TROPHY Operating Supplies Park Facilities Amount Explanation Vendor Account Description Business Unit 23 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 525 US-conf-D Lindahl RAIL-VOLUTION.COM Conference/Training Economic Development 25 US-bag fee SUN COUNTRY Travel Expense Economic Development 20 US-shuttle to hotel SUPER SHUTTLE Travel Expense Economic Development 463 US-hotel conf HYATT HOTELS Conference/Training Economic Development 55 US-taxi to airport TAXI Travel Expense Economic Development 25 US-bag fee SUN COUNTRY Travel Expense Economic Development 300 US-3cma conf registration PAYPAL INC Conference/Training Communications 334 US-membership renewal IABC Dues&Subscriptions Communications 136 US-award BARKERS TROPHIES Awards Communications 16 US-subscription renewal APBOOKSTORE.COM Dues&Subscriptions Communications 192 US-supplies NATIONAL PRODUCTS INC Operating Supplies Fire 51 US-2 port switch OFFICE DEPOT CREDIT PLAN Office Supplies Utility Operations-General 322 US-for meter reading MICROSOFT CORPORATE Operating Supplies Water Metering 28 US-employee name tags NAMETAGCOUNTRY.COM Miscellaneous Administration 64 US-elections staff food CRUMB GOURMET DELI Miscellaneous Administration 164 US-elections staff food WHICH WICH Miscellaneous Administration 365 US-table throw 4IMPRINT Operating Supplies Administration 165 US-b hutchins retirement HALLMARK INSIGHTS Employee Award Organizational Services 388 US-council workshop food LEEANN CHIN Miscellaneous City Council 610 US-NLC conf-S Butcher Wickstro NATIONAL LEAGUE OF CITIES Conference/Training City Council 610 US-NLC conf-Getschow NATIONAL LEAGUE OF CITIES Conference/Training Administration 610 US-NLC conf Tyra-Lukens NATIONAL LEAGUE OF CITIES Conference/Training City Council 610 US-NLC conf R Case NATIONAL LEAGUE OF CITIES Conference/Training City Council 95 US-R Case spouse registration NATIONAL LEAGUE OF CITIES Deposits Escrow 88 US-Sunshine-K Etter TLF BELLADONNA FLORIST Deposits Escrow 286 US-council workshop food BAKERS'RIBS Miscellaneous City Council 220 US-D Ernst retirement HALLMARK INSIGHTS Employee Award Organizational Services 100 US-trng NATIONAL LEAGUE OF CITIES Conference/Training City Council 18 US-swim lesson open house BRUEGGERS BAGEL Operating Supplies Pool Lessons 171 US-Sr ctr AMERICAN RED CROSS Conference/Training Senior Center Admin 44 US-supplies TARGET Operating Supplies Aquatics Admin. 27 US-prizes BEST BUY Operating Supplies General Fund 133 US-pizza for program GINA MARIAS INC Operating Supplies Pool Operations 30 US-supplies TARGET Operating Supplies Day Care 23 US-supplies OFFICEMAX CREDIT PLAN Operating Supplies Fit Kids Club 9 US-supplies PARTY CITY Operating Supplies Day Care 5 US-supplies TARGET Operating Supplies Day Care 20 US-supplies TARGET Operating Supplies Day Care 17 US-funeral lunch CHIPOTLE Operating Supplies Fire 32 US-binoculars GANDER MOUNTAIN Operating Supplies Fire 14 US-contest KOWALSKI'S MARKET Operating Supplies Elections 195 US-conf MCFOA Conference/Training City Clerk 65 US-conf MCFOA Conference/Training City Clerk 181 US-drill HOME DEPOT CREDIT SERVICES Small Tools Storm Drainage 45 US-call response GINA MARIAS INC Operating Supplies Police 14 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 14 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 826 US-goalie gear THE HOCKEY LAB Operating Supplies Ice Rink#3 Amount Explanation Vendor Account Description Business Unit 37 US-food for mssa-Schmidt cc re ECONO FOODS Deposits Escrow 26 US-sod for Burr Ridge BROOKSIDE GARDEN CENTER Landscape Materials/Supp Street Maintenance 8 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 70 US-PL supplies DRAINCABLESDIRECT.COM Repair&Maint. Supplies City Hall-CAM 371 US-EPCC chair dollies WALMART COMMUNITY Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 16 US-camp supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 17 US-chalk-itty bitty beach part MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts 11 US-kleenex for camp WALGREEN'S#5080 Operating Supplies Arts Center 37 US-mirrors for drawing self pr WALGREEN'S#5080 Operating Supplies Arts Center 112 US-concert supplies B&H PHOTO Operating Supplies Staring Lake Concert 22 US-concert supplies B&H PHOTO Operating Supplies Winter Theatre 119 US-art crawl signs BUILDASIGN.COM Operating Supplies Arts 4 US-paper plates for art class WALMART COMMUNITY Operating Supplies Arts Center 25 US-art class supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 27 US-concert supplies B&H PHOTO Operating Supplies Winter Theatre 24 US-concert supplies B&H PHOTO Operating Supplies Winter Theatre 99 US-envelopes for art mailings OFFICEMAX CREDIT PLAN Operating Supplies Arts -18 US-concert supplies B&H PHOTO Operating Supplies Winter Theatre 64 US-envelopes for art mailings OFFICEMAX CREDIT PLAN Operating Supplies Arts 25 US-WILS membership PAYPAL INC Dues&Subscriptions Recreation Admin 20 US-Sevenich CC-disputing charg NIMBLE SCHEDULE Deposits Escrow 59 US-receipt paper THE WEBSTAURANT STORE Operating Supplies Community Center Admin 385 US-MRPA conf MINNESOTA RECREATION&PARK FO Conference/Training Community Center Admin 72 US-cash drawer CASH DRAWER LLC Operating Supplies Community Center Admin 20 US-Sevenich CC-disputing charg NIMBLE SCHEDULE Deposits Escrow 375 US-scheduler NIMBLE SCHEDULE Other Contracted Services Community Center Admin 340 US-Pike conf/trng MAAO Conference/Training Assessing 340 US-Sams conf/trng MAAO Conference/Training Assessing 340 US-Sinell conf/trng MAAO Conference/Training Assessing 305 US-Carlson conf/trng MAAO Conference/Training Assessing 85 US-signal tools HOME DEPOT CREDIT SERVICES Small Tools Traffic Signals 98 US-168th wall HAAG COMPANIES Landscape Materials/Supp Street Maintenance 115 US-wash bay HOME DEPOT CREDIT SERVICES Operating Supplies Fleet Operating 299 US-signal tools HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Street Maintenance 417 US-168th wall HAAG COMPANIES Landscape Materials/Supp Street Maintenance 64 US-door wedges AUTO BODY TOOLMART Operating Supplies Police 50 US-car seat recertification SAFE KIDS WORLDWIDE Dues&Subscriptions Police 718 US-quartermaster supplies AMAZON.COM Operating Supplies Police 46 US-quartermaster supplies AMAZON.COM Operating Supplies Police 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 42 US-players benchs-RL MENARDS Repair&Maint.Supplies Park Maintenance 41 US-Paint rollers/garbage picke MENARDS Operating Supplies Park Maintenance 700 US-toolbox SEARS Repair&Maint.Supplies Water Metering 934 US-elements conf DELTA AIR Mileage&Parking Utility Operations-General -322 US-A sullivan-CC MICROSOFT CORPORATE Deposits Escrow 322 US-A sullivan-CC MICROSOFT CORPORATE Deposits Escrow 14 US-critter food PETCO Operating Supplies Outdoor Center 55 US-critter food PETCO Operating Supplies Outdoor Center 32 US-misc supplies MENARDS Operating Supplies Outdoor Center Amount Explanation Vendor Account Description Business Unit 45 US-employee meeting DOMINO'S PIZZA Operating Supplies General Fund 27 US-critter food PETCO Operating Supplies Outdoor Center 18 US-splash pad screen MENARDS Operating Supplies Park Maintenance 10 US-playgrounds FRATTALLONE'S/MINNETONKA ACE Operating Supplies Park Maintenance 88 US-grills,fence MENARDS Repair&Maint.Supplies Park Maintenance 120 US-workshop UNIVERSITY OF MINNESOTA Licenses,Permits,Taxes,Fees Park Maintenance 100 US-wire PETSMART Equipment Parts Fleet Operating 25 US-decals MINNESOTA STATE PATROL Licenses,Permits,Taxes,Fees Fleet Operating 429 US-travel DELTA AIR Travel Expense City Council 16 US-chiefs office tv HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Public Safety Communications 459 US-chiefs office tv BEST BUY Equipment Repair&Maint Public Safety Communications 390 US-trip to atlanta for cameras DELTA AIR Conference/Training Public Safety Communications 390 US-trip to atlanta for cameras DELTA AIR Conference/Training Public Safety Communications 16 US-chiefs office tv MY CABLE MART Equipment Repair&Maint Public Safety Communications 118 US-fleet services TESSCO INC Equipment Repair&Maint Public Safety Communications 16 US-chiefs office tv MY CABLE MART Equipment Repair&Maint Public Safety Communications -10 US-chiefs office tv MY CABLE MART Equipment Repair&Maint Public Safety Communications 7 US-chiefs office tv HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Public Safety Communications 1,421 US-tower camera UAV DIRECT Operating Supplies Public Safety Communications 135 US-ID fobs ID ENHACEMENTS Equipment Repair&Maint Public Safety Communications -40 US-return flag football cones SPORTS AUTHORITY Operating Supplies Athletic Programs Admin 27 US-supplies for glass studio DELPHI Operating Supplies Arts Center 479 US-L Soppeland hotel-trng HOLIDAY INNS EXPRESS Tuition Reimbursement/School Police 37 US-training supplies HOME DEPOT CREDIT SERVICES Training Supplies Police 8 US-water for training event HOLIDAY STATION STORES INC Training Supplies Police 22 US-training supplies HOME DEPOT CREDIT SERVICES Training Supplies Police 50 US-E LeBlac tmg EVENTBRITE Tuition Reimbursement/School Police 122 US-food for training event SUBWAY Training Supplies Police 307 US-AWWA conf PRICELINE Travel Expense Utility Operations-General 17 US-supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin 523 US-staff picnic QDOBA MEXICAN GRILL Operating Supplies Youth Programs Admin 4 US-camp supplies WALGREEN'S#5080 Operating Supplies General Fund 17 US-supplies PARTY CITY Operating Supplies Lesson Skills Development 41 US-food/soda PINSTRIPES Operating Supplies General Fund 25 US-bocce ball PINSTRIPES Operating Supplies Tennis 11 US-camp supplies WALGREEN'S#5080 Operating Supplies Day Camp 2 US-beach week-teen camp MARKS EDEN PRAIRIE BP Operating Supplies New Adaptive 65 US-beach week-teen camp SHAKOPEE COMMUNITY CENTER Special Event Fees New Adaptive 3 US-parking-beach week STANDARD PARKING Mileage&Parking New Adaptive 36 US-in out and about teen camp CUB FOODS EDEN PRAIRIE Operating Supplies New Adaptive 3 US-parking-teen camp STANDARD PARKING Mileage&Parking New Adaptive 20 US-in out and about teen camp MANNS HOPKINS Special Event Fees New Adaptive 5 US-parking teen camp MPLSPARKING.COM Mileage&Parking New Adaptive 25 US-annual membership WOMEN IN LEISURE SERVICES Conference/Training Therapeutic Rec Admin 383 US-safe escape trailer AC NELSEN RV WORLD Fire Prevention Supplies Fire 1,785 US-promotions Books JONES&BARTLETT LEARNING LLC Training Supplies Fire 9 US-ziplocs TARGET Fire Prevention Supplies Fire 68 US-supplies OFFICE DEPOT CREDIT PLAN Training Supplies Fire 186 US-batteries for equip BATTERY JUNCTION Operating Supplies Community Center Admin Amount Explanation Vendor Account Description Business Unit 642 US-batteries for equip BATTERY JUNCTION Operating Supplies Fitness Classes 25 US-training HUMAN RESOURCE PROFESSIONALS 0 Tuition Reimbursement/School Aquatics Admin. 25 US-training HUMAN RESOURCE PROFESSIONALS 0 Conference/Training Human Resources 250 US-licensing SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 237 US-trng equip AMAZON.COM Training Supplies Police 248 US-trng equip AMAZON.COM Training Supplies Police 60 US-tie downs MENARDS Repair&Maint.Supplies Storm Drainage 59,748 Report Total CITY COUNCIL AGENDA DATE: SECTION: Report of Fire Chief October 21, 2014 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.G.1. George F. Esbensen, Fire Community EMT Program Overview Chief/Director of Emergency Preparedness Synopsis With the implementation of the Affordable Care Act hospitals are now more concerned than ever with patients who are re-admitted within thirty days of being discharged from the hospital. Local Fire Departments have partnered with Park Nicollet Health Care on a pilot program to determine the efficacy of firefighters doing checks on these recently released patients within the first 24 hours of discharge. The program is proving effective in the pilot phase. In order for the program to gain more permanent status it is desirable to have a Community EMT standard adopted statewide. Attachment Park Nicollet/Fire Service Community EMT Pilot program overview Associations Involved leirF'. Firefighter Visit Program • Patients are most at risk for readmission -- , within the first 24 hours post-discharge Park Nicollet t" ,d • Nearly I in 5 Medicare patients are •- `' readmitted within a month of discharge, Methodist Hospital with a estimated cost of IS billion annually Fire Departments Involved A Partnership in Successfully Transitioning Park Nicollet Patients Home 11111i t' ll Two Industries, similar missions... k Park Nicollet has been working results in their efforts. Even prevention,education and on patient transitions and with the efforts they were still establishing industry standards. 0 ' "' readmissions as an organization seeing their patients reoccurring The MN Fire Industry lead by EDEN since 2011 as a RARE admissions. Park Nicollet the Minnesota Professional i' �t PRAIRIE participant and as a Pioneer wanted to take preventive Firefighters Association is eiiewbn a _-.. . '"e ACO. Through their work measures to the next level, but working hard with Legislators many changes have been made were uncertain how. and other stakeholders to Interesting Findings to the way Park Nicollet develop ways to decrease delivers care. These patient Fire Departments through prevention medical calls • Average Patient age is 68 care delivery changes includes: respond to 70 to 80% in each community and medical calls of their ultimately keeping their citizens • 61/ Females, 39%Males • Risk Stratification home in a safe environment. • Average visit is 24 minutes total call volume • Because of a visit 91 I was • Standardized care annually. St. Louis Park Fire Department initiated once coordination/transitions was looking for ways to lower • 10 patients were referred • The Fire Industry has a strong medical calls as well. They Post Discharge phone calls tradition of prevention efforts approached Park Nicollet about to Social/Community throughout its history. For possible prevention strategies services • Improved After Visit example,the industry is not which through a series of • 3 patients needed medica- Summaries seeing as many fires that they meetings created the Firefighter tion follow up from their Park Nicollet did seepositive used to. This is largely due to Patient Care Team (PCT) Visit Concept. • 18 patients were referred to their PCT a High Risk "I would recommend a firefighter visit to my family and friends" follow-up with Home Healthcare Park Nicollet identified that the • Follow up visit—does the patients successfully at home. • 5 were referred to the first 72 hours are crucial in patient have a follow up During this pilot Park Nicollet local food shelf and regards to potential hospital visit scheduled with their and the fire departments received assistance readmissions for many of their doctor? involved have utilized various • 17 Smoke/CO detectors patients. Some of these patients community services to assist in were installed or batteries qualify for a Home Healthcare • Symptoms—does the the patients transition. were changed visit, many do not. The Fire patient know what Departments were seeing many symptoms to be aware of The Pilot Project started with 3 Triple Aim Goals of these patients shortly after and who to call if they departments,St. Louis Park, Minneapolis and Minnetonka. Health discharge on 911 calls. After experience the symptom? Recently Hopkins and Eden Patients have what they need to numerous meetings and a • Food—does the patient Prairie have been added. care for themselves at home and focused Kaisen planning event It understand what to do if was determined that a Pilot have enough food in the Data is being collected to Project for firefighter visits house to get through the something changes g determine effectiveness of the within the first 72 hours after next few days ram. Currentlythe Experience program. Safe and successful transition to hospital discharge should take • Home Safety—are there program is in home. Consistent and place. These visits would hazards in the house? Is it's fledgling reinforced messages from PN include focusing on 5 the Smoke detector period of team and firefighter colleagues components that were identified workin ? development r -_�\ Affordability by Eric Colemen they are: g" and data Decrease readmissions. The approach is based on the collection. Appropriate use of healthcare • Medications—does the community and what the � resources and decrease patient understand what community has to offer to unnecessary 911 calls medications to take? transition and keep citizens/