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05.01.17 Council Packet
Meeting Location: Farmington Farmington City Hall Minnesota 430 Third Street Farmington,MN 55024 CITY COUNCIL REGULAR MEETING AGENDA May 1, 2017 7:00 P.M. Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA S. ANNOUNCEMENTS/COMMENDATIONS a) Recognize Anchor Bank's 50th Anniversary and Proclaim May 1, 2017 as Anchor Bank Day in Farmington Recognized b) Adopt Resolution Accepting Donation to the Farmington Police and Fire Departments from the Bourbon Butcher R28-17 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items. No official action can be taken on these items. Speakers are limited to five minutes to address the city council during citizen comment time.) 7. CONSENT AGENDA a) Approve Minutes of the April 13, 2017 City Council Work Session— Administration Approved b) Approve Minutes of the April 17, 2017 City Council Meeting— Administration Approved c) Approve Joint Powers Cost Share Agreement for Pictometry Aerial Photography—Human Resources Approved d) Approve ImageTrend Elite Product Upgrade Software Agreement—Human Resources Approved e) Adopt Resolution Declaring Surplus Property—Fire R29-17 f) Approve Bills - Finance Approved REGULAR AGENDA 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Approve Agreement Hill Dee Park and Jim Bell Park and Preserve Basketball Court Improvement Project Approved b) Approve Agreement to Construct Prairieview Park Concrete Playground Border and Bench Pads Approved 10. PETITIONS,REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) 2016 Fire Department Annual Report Information Received 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN �o�FARif City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 •A 11100411www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Recognize Anchor Bank's 50th Anniversary and Proclaim May 1, 2017 as Anchor Bank Day in Farmington DATE: May 1, 2017 INTRODUCTION Anchor Bank,N.A. is celebrating its 50th year in business in 2017. The Farmington branch of Anchor Bank is the oldest establishment in the Anchor Bank family. DISCUSSION The current Anchor Bank branch in Farmington is steeped in history with the bank opening in 1894 as the Exchange Bank. This was also the first bank to open in Farmington. Since that time, the bank has gone through a number of name changes and moves. Anchor Bank purchased the bank, then knows as First National Bank of Farmington, in 1995 and changed its name in 2000. Today with over 7,000 customers, Anchor Bank plays a big role in personal and business banking in the Farmington community. Anchor Bank is proud of their core mission which includes a strong commitment to serving the community. As their oldest establishment,the Farmington branch has a lot of history serving the community. Last year, the Farmington branch raised over$1,200 for Toys for Town which serves families in need in the Farmington area. Many Farmington team members are also involved with community groups like the Rotary Club of Farmington, Dakota County Regional Chamber of Commerce and the Farmington Lion's Club. The branch spends time each year on special customer recognition events including a pie social, business coffee breaks, hot dog day and other national days, including their favorite Share a Coke Day. During these national days the employees enjoy handing out special treats to customers. Farmington employees also donate items and time for school and church fundraisers, the annual Farmington Dew Days and the local food shelf. In addition to its contributions to the community,Anchor Bank has also been recognized for its employee relations. In 2016 Anchor Bank was named an Employer of Excellence by Dakota and Scott Counties. BUDGET IMPACT NA ACTION REQUESTED Anchor Bank has been a vital part of the Farmington community for decades and is also one of the cornerstones of the downtown Farmington area. I am sure the city council is in full support and joins Mayor Larson as he provides Anchor Bank with the attached proclamation in recognition of their 50th anniversary and declares May 1, 2017 as Anchor Bank Day in Farmington. Representatives from Anchor Bank will be in attendance at the meeting to share their thoughts. We will take time during the meeting to take pictures with those in attendance and thank them for being a vital part of our community. ATTACHMENTS: Type Description D Backup Material Anchor Bank Proclamation D Backup Material Anchor Bank History/Events o F ARM/ cc P J � J~ G Q oA..4 T.q PRoOsg PROCLAMATION ANCHOR BANK'S 50TH ANNIVERSARY WHEREAS, Anchor Bank was established in 1967; and WHEREAS, In 1995 Anchor Bank bought First National Bank of Farmington and changed its name to Anchor Bank in 2000; and WHEREAS, Anchor Bank has been a community partner in many activities including Dew Days, Toys for Town and Ramble Jam; and WHEREAS, The Dakota-Scott Workforce Development Board recognized Anchor Bank as an Employer of Excellence in 2016; and WHEREAS, The Anchor Bank Farmington branch staff members go above and beyond in supporting efforts that have positive local impact. NOW THEREFORE, BE IT RESOLVED that I, Todd Larson, Mayor, on behalf of the City Council, do hereby proclaim May 1, 2017 as ANCHOR BANK'S 50TH ANNIVERSARY and ANCHOR BANK DAY IN FARMINGTON We celebrate 27 years of community partnership with the Farmington branch and call upon the residents of Farmington to celebrate the milestone of this valuable business in our community. PROCLAIMED this 1st day of May 2017. Todd arson, Mayor rg.' 7',%"w-moi__.f 1. «._ Py nr.:.,'/,/1 ,.•....rr/w•6'../,'rte . ..r.•7-�+•---e 4-.7. /•�..4.'.. , .' - �.. .4 e.- t.l... i' ..(..•.. 1/F .t.../ f'I•/I ..... l.. -J1_a/,y..' ., .f ti., 4;, ..e ,�L..:..f.'.t.....C.a.hr et t e Cr..C..., 111T:s.•1(lY'r•Nllt1,.t.N �••yy� ^'�....r ...le,,. 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' Iii0J01111,glialiNtUDIO ) Uiilce at ugumylralixr uU.il}t th Yi11WD /Lif;,,it,.,.'_//,' anfm..104. . /./Aww,s/ /„,..:M'.a;,o,/:4 4 Y VA-Zedr/:444 nkkir.i-n whL/l vru/w.nrndirIiJew.,fyinytrGArerr,f;/N .ww:/trksw w,w.nwrwA,./,{,n//n.ri:nw/iG;,04,y..u..m/'n,.- .01n•,.//y/i,.'kw:/.n/,.!f ierl.tyinw.G./bfy//4:.”4:ww/. tin.4.ynw.,wi w.rry,:,r/nrifen, yyw,oi,,...r.44-9/;u Yf 4./%/,.c,roin/if x:•..iwiicr,r.nr;.,.;w...•.a/..,:,,yn.:re /,:loaiw A'wf/rf rw i,/i.,f.//r ..w,+1.4,44.../L,c.vw..•..GL L.und.n.7 .44yw....o.4..rovW;r../.,.";•/.4.u;•n erolwe..a;f.Gid. /aNQTYYN/iwr Original corporate document marking the change from Exchange Bank to First National Bank LIQ - ' .. The First National Bank of Iirinington 1 ►ANO.!,GIO`/.1.1 Ma'OTA i 1, ..t '< • + /,./ /(.,�.( TN[I111sT NATgNAl ONKWIARMwOTON./AM11SOTON.QWN[sO l! - r.... r.. r'',:,''.: IruWn/%///y/M/M/.ntJ//ha/.An./in a///ru../y..•,,I / 10(11 uiiirn.Gr/Na//ad0,14,An/.dy rin/r/rr/ y,,�.�Y• MRN I$ II ,..//ia A.r'•i / 2,4"f/iLlftid. // S Ij ,,-1 i._ first stock certificate EMIL - MIIIINIPP" .....iiiiimiPP-46 1111111111111 i ...... .. — li El fid,. w 6ijoik . ,, _ lr' (- - / •J'... 1W 4 14 l+ a.. illaiLEV 11 .wy r�.... .q'A 1 IPp..44, .. if) 1 v . , .li 0111, ' - ;i .r "/ Toys for Town . '1 . i r'' -, ''' k,. ,,,,..p ,‘ , / ,4,,., . ,... ...q, . .. , :.,. __ , ,...,:,,,,. / , , . t,tt , ( ,,.„1 , , . �.. r` A I 1 l r 't y 2004s' ".. 4. _ .;_i,,'t .1.12'',. A,.. .17 .-44 ; 4,= ' i , _, 110th anniversary in 2004 •L . g4- i,� 11. 0 i' \ \ _! Ii !r9 ) I k - J \ r . 1' 1 0 Ia \- 11110 110th anniversary in 2004 ...=.4. ,74 . 1 . 111tv ,I "1 c,e COkC (9'Le _ c.-- CC4� C. 1 Ckiii ' Share a Coke day INNS 11116 /111111111011,410104 1. ' • , p • .. 1 I 414 ..._ ;4.filillif •• ;pi,. oilik i �. - fir •Arjr / , 116: i .n , ,ti Christmas party for seniors D�Fp►R�►, City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 .,, www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brian Lindquist, Police Chief and Jim Larsen, Fire Chief SUBJECT: Adopt Resolution Accepting Donation to the Farmington Police and Fire Departments from the Bourbon Butcher DATE: May 1, 2017 INTRODUCTION The Farmington Police and Fire Departments would like to acknowledge The Bourbon Butcher and its employees for their generosity and assistance towards collecting$13,000.00 in donations. DISCUSSION The Farmington Police and Fire Department's enjoy a very good relationship with our local businesses and citizens. On occasion, these departments reach out looking for assistance to help enhance our ability when assisting the public. This past December, owners of the The Bourbon Butcher offered to donate all proceeds from and opening night event to support Toys for Town for the police department and the purchase of AED's for the fire department.A total of approximately$13,000.00 was raised collectively for those two projects. BUDGET IMPACT N/A ACTION REQUESTED Adopt a resolution accepting the donation from The Bourbon Butcher to the Farmington Police and Fire Departments. Representatives from all of the agencies involved will be in attendance to talk about the event. ATTACHMENTS: Type Description D Cover Memo Resolution accepting donation RESOLUTION NO. R28-17 ACCEPT DONATION OF $13,000.00 FROM BOURBON BUTCHER OF FARMINGTON TO THE FARMINGTON POLICE AND FIRE DEPARTMENTS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 1St day of May, 2017 at 7:00 p.m. Members Present: Larson, Bernhjelm, Craig, Donnelly Members Absent: Bartholomay Member Craig introduced and Member Bernhjelm seconded the following: WHEREAS, a donation of$13,000 was received from Bourbon Butcher to the Farmington Police and Fire Department; and, WHEREAS, the donation was made for the purpose of contributing to Toys for Town and the purchase of AED's; and, WHEREAS, the donation will be set aside in the Farmington Police Department's Toys for Town fund and the Fire Departments Capital Improvement Fund until such time as those funds are needed; and, WHEREAS, it is required by State Statute that the donation be formally accepted; and, WHEREAS, it is in the best interest of the city to accept the donation. NOW, THEREFORE, BE IT RESOLVED that the city of Farmington hereby accepts with gratitude the generous donation of $13,000 from Bourbon Butcher to the Farmington Police and Fire Department, which will be used to supplement the Toys for Town program and the purchase of AED's. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1St day of May, 2017. Mayor Attested to the „-„?'7`1 day of May, 2017. C4)1 . City Administrat 9/)U SEAL Ai its City of Farmington /•-,\ 430 Third Street Farmington, Minnesota *s 651.280.6800 -Fax 651.280.6899 '�'-.A 1910,,x`'`. www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Approve Minutes of the April 13, 2017 City Council Work Session-Administration DATE: May 1, 2017 INTRODUCTION Attached for your review are the minutes of the April 13, 2017 city council work session. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve minutes of the April 13, 2017 city council work session. ATTACHMENTS: Type Description D Backup Material April 13, 2017 Work Session Minutes CITY OF FARMINGTON CITY COUNCIL MINUTES WORK SESSION APRIL 13, 2017 Mayor Larson called the work session to order at 5:00 p.m. Roll Call Present-Larson, Bartholomay, Donnelly and Craig Staff Present-Administrator McKnight City Council Candidate Interviews The city council interviewed the first group of applicants for the vacant city council position. Those interviewed included: Brett Wilson Eric Edwards Katie Bernhjelm Nick Gessell Adjourn Mayor Larson adjourned the meeting at 8:10 p.m. Respectfully Submitted David McKnight, City Administrator April 13, 2017 Work Session Minutes -1- i , City of Farmington 4430 Third Street gri Farmington, Minnesota 'r 651.280.6800 -Fax 651.280.6899 .,, +�°' www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Approve Minutes of the April 17, 2017 City Council Meeting-Administration DATE: May 1, 2017 INTRODUCTION Attached for your review are the minutes from the April 17, 2017 city council meeting. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the minutes from the April 17, 2017 city council meeting. ATTACHMENTS: Type Description D Backup Material April 17, 2017 City Council Minutes CITY OF FARMINGTON CITY COUNCIL MINUTES REGULAR MEETING APRIL 17, 2017 1. Call to Order Mayor Larson called the meeting to order at 7:00 p.m. 2. Pledge of Allegiance Mayor Larson led those in attendance in the Pledge of Allegiance. 3. Roll Call Present-Larson, Craig, Bartholomay and Donnelly Absent-None Staff Present-Administrator McKnight, Finance Director Hanson, Community Development Director Kienberger, Public Works Director Gehler, Parks and Recreation Director Distad, Human Resources Director Wendlandt, Police Chief Lindquist and Attorney Jamnik. 4. Agenda Motion by Bartholomay, second by Craig,to approve the agenda as presented. APIF, motion carried. 5. Announcements/Commendations a) Appointment and Swearing In of City Councilmember Bernjhelm City Administrator McKnight explained that the city council accepted a resignation of a sitting councilmember and declared a vacancy on the city council effective March 9, 2017. The city council accepted applications for the vacant seat and interviewed all nine applicants who applied over two nights the previous week. Motion by Donnelly, second by Craig,to appoint Katie Bernhjelm to the city council seat for a term that runs through December 31, 2018. APIF, motion carried. Administrator McKnight administered the oath of office to Councilmember Bernhjelm. April 17, 2017 Minutes -1- 6. Citizen Comments None 7. Consent Agenda Motion by Bernhjelm, second by Bartholomay,to approve the consent agenda: a) Approve Minutes of the April 3, 2017 City Council Meeting-Administration b) Approve Minutes of the April 3, 2017 City Council Work Session-Administration c) Approve Minutes of the April 10, 2017 City Council Work Session-Administration d) Approve Cancellation of the July 3, 2017 City Council Meeting-Administration e) Approve Third Amendment to Downtown Liquor Store Lease-Administration f) Acknowledge First Quarter 2017 New Construction Report and Population Estimate- Community Development g) Adopt Ordinance 2017-724 Amending Section 10-5-14 (Downtown Business) B-2 Zoning District as it Relates to Lot Area and Lot Width Requirements-Community Development h) Adopt Ordinance 2017-725 Amending Section 10-5-15 (Heavy Business) B-3 Zoning District to Conditionally Allow Warehousing Facilities-Community Development i) Approve Out of State Training-Parks j) Acknowledge Resignation Engineering-Human Resources k) Acknowledge Resignation Engineering-Human Resources I) Appointment Recommendation Liquor Operations-Human Resources m) Approve Bills-Finance APIF, motion carried. 8. Public Hearings None 9. Award of Contract None 10. Petitions, Requests and Communications a) 2016 Community Development Annual Report Community Development Director Kienberger presented the 2016 department annual report. Kienberger highlighted the following areas: 1. New home permits 2. 2016 inspection numbers 3. Code enforcement April 17, 2017 Minutes -2- 4. New businesses in the city 5. Orchards at Fairhill housing development 6. Vermillion River Crossings development All of the city councilmembers thanked Kienberger for the work of his department in 2016 and for the summary report. b) Investment Review Finance Director Hanson reviewed the 2016 investment report with the city council. The city had a combined cash balance and investment balance of$44 million at the end of 2016. Of this amount,the city had invested $6 million in collateralized accounts and $38 million in a variety of investments with various financial institutions. Hanson reviewed the amounts in the pooled checking accounts, average investment portfolio balance, investment portfolio by type, investment portfolio maturities,where investments are purchased from and the mark to market issue. The city had an investment income budget of $199,373 with actual investment income of$312,738. Councilmember Bartholomay asked if the approximately$2 million in the checking account was all general fund. Hanson stated that we pool cash from all funds so it represents a variety of funds. Councilmember Donnelly asked how the city uses this money. Hanson shared that the$44 million amount is high due to the city having cash on hand in December from bond refinancing between $12-$14 million dollars that was spent in February. The remaining cash is spread among 40 different funds for uses including debt, CIP projects, a future water tower and infrastructure, savings for future purchases, liquor revenues and more. Mayor Larson thanked Hanson for the easy to understand report. c) 2016 Draft Financial Statements Review Finance Director Hanson reviewed the 2016 draft financial statements. These statements will be adjusted and reviewed again as a part of the 2016 audit report that will occur on May 15, 2017. The city had a positive 2016 budget year with revenues exceeding expenditures in the General Fund. The General Fund balance increased $315,104 with a year end fund balance percentage of 41.5%of the 2017 General Fund budgeted expenditures. The city policy is for this number to be between 40-50%. Hanson reviewed a number of other funds that also had positive 2016 results. April 17, 2017 Minutes -3- Councilmember Donnelly thanked Hanson for the thorough and easy to read report. The city budgets conservatively and was the benefactor of a number of one time issues in 2016. Councilmember Craig was encouraged to see positive financial results. Councilmember Bartholomay thanked Hanson for the detailed report. He stated the work of the city council and staff over the past years is starting to pay off. 11. Unfinished Business None 12. New Business a) 2016/2017 City Council Priorities Update Administrator McKnight provided an update on the 2016/2017 city council priorities. Last year the city council set the following priorities: 1. Fiscal-Continue to take steps to make Farmington a city of fiscal excellence 2. Development-Support the expansion of residential, commercial and industrial properties 3. Partnerships-Forge opportunities with existing and new partners 4. Service Delivery-Endeavor to provide core government services at high quality levels McKnight reviewed a number of projects that are helping to move the city council priorities forward including the successful 2016 budget results, liquor store successes, the Orchards at Fairhill project,Tamarack Ridge success, Farmington Mall revitalization, businesses expansion, Legacy of Farmington,Vermillion River Crossings progress, local partnership examples and many examples of city staff providing core government services. 13. City Council Roundtable Donnelly-Welcomed Katie Bernhjelm to the city council and thanked all of those who applied for the position. Bernhjelm-Shared that she is excited for this new opportunity. Craig-Welcomed Katie Bernhjelm to the city council, shared that she thought the process used to fill the vacancy was excellent and offered the city council a chance to see different points of view. April 17, 2017 Minutes -4- Bartholomay-Welcome Katie Bernhjelm to the city council,thanked those who applied for the vacant city council seat and wished the best to two current city employees who are leaving for other opportunities. McKnight-Welcomed Katie Bernhjelm to the city and reminded residents that curbside clean up days begin this Saturday. Kienberger-An open house on the Rambling River Center Plaza will be held on Thursday,April 27, 2017 from 6-7 p.m. at city hall. Distad-The Rambling River Center will be holding an arts and crafts fair on April 22, 2017. Larson-Welcome Katie Bernhjelm to the city council,the library is holding a shred fest on April 22, 2017, hydrant flushing continues this week, shared information about city communication efforts and encouraged residents to shop local. Adjourn Motion by Bartholomay, second by Craig,to adjourn the meeting at 8:17 p.m. APIF, motion carried. Respectfully Submitted David McKnight, City Administrator April 17, 2017 Minutes -5- a�Fa�►i , City of Farmington hird Str Farmington430T , Minnesota 111044. 651.280.6800 -Fax 651.280.6899 .,, a ' www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Approve Joint Powers Cost Share Agreement for Pictometry Aerial Photography- Human Resources DATE: May 1, 2017 INTRODUCTION The purpose of the memorandum is to provide information regarding the attached joint powers cost share agreement for the licensing and use of Pictometry Aerial Photography. DISCUSSION Dakota County, along with various Dakota County Cities, implemented a joint powers cost share agreement for the purchase and licensing of Pictometry software in 2005. The cities share the costs based on the number of parcels in each city as a percentage of the total number of parcels in all cities.Attached is the updated Joint Powers Cost Share Agreement. Pictometry is a patented information system that provides "visual intelligence"by combining aerial imaging with computer programming. This program allows the users to have easy access to actual imagery of every square foot of their area from as many as twelve different views in full color,high resolution, and digital format. The users of this system are economic development,public safety,public works, and parks and recreation staff members. A copy of the agreement between Pictometry International Corporation and Dakota County is included with this memorandum. This agreement meets the city council priorities of leveraging partnership opportunities and supporting development. BUDGET IMPACT The city's cost for this software is $1,187.00 per year which represents a$79.00 increase in cost since last approved in 2014 and is provided for in the 2017 budget. ACTION REQUESTED Approve the joint powers cost share agreement for Pictometry International Corporation general license terms and conditions. ATTACHMENTS: Type Description D Backup Material JPA Dakota County Contract#C0028935 JOINT POWERS COST SHARE AGREEMENT FOR P1CTOMETRY INTERNATIONAL CORPORATION GENERAL LICENSE TERMS AND CONDITIONS THIS AGREEMENT is made and entered into by and between the County of Dakota ("County"),a political subdivision of the State of Minnesota, and the Cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul and West St. Paul(individually"City"and collectively "Cities"),political subdivisions of the State of Minnesota. WHEREAS, the County and Pictometry International Corporation ("Pictometry") executed a General License Terms and Conditions, which is attached and incorporated herein as Exhibit 1 ( License Agreement"),whereby the County is allowed to install and use Pictometry's licensed images, geodata, software and documentation("Pictometry's Licensed Products");and WHEREAS, Pictometry's Licensed Products are dynamic visual imagery products that will provide three-dimensional oblique images and 360 degree views of each property in Dakota County;and WHEREAS, use of Pictometry's Licensed Products will improve efficiency and quality within numerous County departments;and WHEREAS, the License Agreement allows any political unit or subdivision located totally or substantially within the boundaries of Dakota County to install and use Pictometry's Licensed Products ("Authorized Subdivisions") under the License Agreement and subject to certain conditions;and WHEREAS, the Cities desire to become Authorized Subdivisions that are authorized to install and use Pictometry's Licensed Products,in accordance with the terms of the License Agreement;and WHEREAS, the County and Cities have reached an agreement to share the costs of licensing, installing and using Pictometry's Licensed Products by their respective political subdivision;and WHEREAS, pursuant to Minn. Stat. § 471.59, two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers. NOW, THEREFORE, in consideration of the mutual promises and benefits that all parties shall derive from this Agreement,the parties agree as follows: ARTICLE 1 PURPOSE The purpose of this Agreement is for the County and the Cities to share in the costs for licensing, installation and use of Pictometry's Licensed Product, in accordance with the terms of this Agreement and the License Agreement attached and incorporated herein as Exhibit 1 (License Agreement)and to designate the Cities as Approved Subdivisions for purposes of the License Agreement. ARTICLE 2 TERM The term of this Agreement shall commence on the date of execution of this Agreement by all parties, and shall terminate on December 31,2018, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 3 OBLIGATIONS OF THE COUNTY 3.1 Payment. In accordance with the License Agreement executed between the County and Pictometry,the County has entered into the License Agreement and has agreed to pay Pictometry$62,044 for each year of the License Agreement term. 3.2 Approval as Authorized Subdivisions. Upon execution of this Agreement and payment made by each City to the County as provided in this Agreement,the City will be an Authorized Subdivision for purposes of the • License Agreement. Nothing in this Agreement restricts the County from designating other political subdivisions located in Dakota County as Authorized Subdivisions for purposes of the License Agreement. 3.3 Coordination. The County will work out the delivery and deployment details and coordinating those processes with appropriate staff of the Cities. For that purpose,the Cities each agree to identify a technical and administrative contact for their city related to this Agreement("Liaison")as specified below. ARTICLE 4 OBLIGATIONS OF THE CITIES 4.1 Payments by Cities. The Cities agree to pay the County a total of$20,042 in 2017 and a total of$20,042 in 2018. The License Agreement cost paid by each city is based on the average of the percentage of parcels and square miles in each city as a part of the total in all cities(%of Urban). The Cities agree to pay their respective cost share for each year of the License Agreement as shown in the chart below. The County will invoice each City for its cost share and each City agrees to send its cost share amount,payable to the Dakota County Treasurer, within 35 calendar days of receipt of the invoice to the County Liaison. %of Cost 1 City Urban /Year Apple Valley 13% $ 2,603 Burnsville 14% $ 2,874 Eagan • 17% $ 3,412 Farmington 6% $ 1,187 Hastings 6% $ 1,208 Inver Grove Heights 9% $ 1,771 Lakeville 14% $ 2,892 Mendota Heights 4% $ 735 Rosemount 6% $ 1,170 South St. Paul 6% $ 1,203 West St. Paul 5% $ 987 Totals: 100% $ 20,042 4.2 Responsibilities of Cities as Authorized Subdivisions. Upon payment of their respective cost for the License Agreement,each City is licensing Pictometry's Licensed Products and is authorized to use the Licensed Products in accordance with the terms of Exhibit 1 for the applicable calendar year. ARTICLE 6 CITIES ARE NOT SUBLICENSEES OF THE COUNTY Nothing in this Agreement creates an agency relationship between the County and the Cities with regard to the License Agreement(Exhibit 1). By signing this Agreement each City fully accepts the terms of the License Agreement on behalf of itself and its employees. The County does not have any obligation to the Cities with regard to licensing or the actual installation or use of Pictometry's Licensed Products by the City. ARTICLE 6 LIABLE FOR OWN ACTS Each party to this Agreement shall be liable for the acts of its officers,employees,volunteers or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of any other party, its officers, employees,volunteers or agents. The provisions of the Municipal Tort Claims Act, Minn.Stat. Ch.466 and other applicable laws govern liability of the County and the Cities.Each party warrants that it is able to comply with the aforementioned indemnity requirement through an insurance or self-insurance program and that each party has minimum coverage consistent with liability limits contained in Minn. Stat. Ch.466. In the event of any claims or actions filed against any party to this Agreement, nothing in this Agreement shall be construed to allow a claimant to obtain • 2 1 separate judgments or separate liability caps from the individual parties.This Article shall survive the expiration or termination of this Agreement. ARTICLE 7 DEFAULT-FORCE MAJEURE No party shall be liable to any other party for any lois or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. ARTICLE 8 TERMINATION In the event Pictometry's Licensed Products are no longer available to the County and Cities in accordance with the License Agreement,the County and Cities agree to work together to determine appropriate actions to take. In the event the County recovers payments from Pictometry for early termination of the License Agreement,the money recovered will be disbursed proportional to the contributions made for Pictometry's Licensed Products under this Agreement. ARTICLE 9 AUTHORIZED REPRESENTATIVES AND LIAISONS FOR THE PARTIES 9.1 Authorized Representatives. The named persons that have executed this Agreement on behalf of the County and each City are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications and subcontracts, except that, the Authorized Representative shall have only the authority specifically or generally granted by their respective governing boards. 9.2 Liaisons. To assist the parties in the day-to-day performance of this Agreement and to develop service, ensure compliance and provide ongoing consultation, a Liaison shall be designated by the County and each City. Notification required to be provided pursuant to this Agreement shall be provided to the named person and address listed below for the County, and shall be provided to the named persons and addresses listed on each City's signature page of this Agreement, unless otherwise stated in a modification of this Agreement. The parties shall keep each other continually informed,in writing,of any change in the designated liaison. The County's Liaison is: County Liaison: Randy Knippel or successor, Dakota County Office of GIS, 14955 Galaxie Ave. Apple Valley, MN 55124 Telephone: 952-891-7080 Email Address: randy.knippel@co.dakota.mn.us ARTICLE 10 GENERAL PROVISIONS 10.1 Modifications. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, signed by authorized representatives of the County and Cities. 10.2 Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 10.3 Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the State of Minnesota, County of Dakota. This Article shall survive expiration or termination of the Agreement. 3 10.4 Merger. A. Final Agreement. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations,either oral or written,not contained in this Agreement. B. Exhibit. Exhibit 1 (License Agreement) (including all attachments and exhibits thereto) is attached hereto, and all terms and conditions in said Exhibit are incorporated herein and made a part of this Agreement. By signing this Agreement, each City acknowledges receipt of the above Exhibit(including all attachments and exhibits thereto). 10.5 Agreement Interpretation and Construction. This Agreement was fully reviewed and negotiated by the parties. Accordingly, the parties agree the "against the offeror" principle of contract interpretation and construction shall not be applied to this Agreement. Any ambiguity, inconsistency, or question of interpretation or construction in this Agreement shall not be resolved strictly against the party that drafted the Agreement. It is the intent of the parties that every article(including any subsection), clause,term, provision, condition, and all other language used in this Agreement shall be constructed and construed so as to give its natural and ordinary meaning and effect,regardless of any rule or law to the contrary. 10.6 Counterparts, This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF,the parties have executed this Agreement on the dates indicated below. COUNTY OF DAKOTA By Dan Cater, Director Information Technology Department Date of Signature APPROVED AS TO FORM: !s/Lucie S. O'Neill 4/4/2017 Assistant Dakota County Attorney Date • File No. KS-17-45-2 County Board Res. No. 17-159 4 CITY OF FARMINGTON Name,Title,Address and Phone Number of City's Authorized Representative: 7oc./ ' Lc2 rsoi, Y3o 7h /V.5��0� 7 6f_/- & Fc, - coo Name,Title,Address and Phone Number of City's Liaison: leVPrr4 j / So 4 i^ I :r c�C7�or ;`7c, plei/4pr l7i`rr�i7bvr 4130 ��%�cBS�r�`/� .CQr, `,—, ,(7'4/..C---5"0 S/ CITY OF FARMINGTON I, the below signed, have authority to sign this Agreement on behalf of the City By: 7e;�4oLQ",se [print name] Date: Y"moi adl) Attest: mow /1) M< /:i print name] Title: - i . fr /‘ Date: 5109...",- Ci 2 8 EXHIBIT 1 LICENSE AGREEMENT [Remainder of page left blank] 16 AGREEMENT BETWEEN PICTOMETRY INTERNATIONAL CORP.("PICTOMETRY")AND DAKOTA COUNTY,MN("CUSTOMER") 1. This order form("Order Form"),in combination with the contract components listed below: Section A:Product Descriptions,Prices and Payment Terms Section B:license Terms: • Delivered Content Terms and Conditions of Use • Online Services General Terms and Conditions • Web Visualization Offering Terms and Conditions ▪ Software License Agreement Section C:Non-Standard Terms and Conditions Sector Maps(3) (all of which,collectively,constitute this"Agreement")set forth the entire understanding between Pictometry and Customer with respect to the subject matter hereof and supersedes all prior representations,agreements and arrangements,whether oral or written,relating to the subject matter hereof. Any modifications to this Agreement must be made in writing and be signed by duly authorized officers of each party. Any purchase order or similar document issued by Customer in connection with this Agreement is issued solely for Customer's internal administrative purposes and the terms and conditions set forth on any such purchase order shall be of no force or effect as between the parties. 2. In the event of any conflict among any contract components comprising this Agreement,order of precedence for resolving such conflict shall be,from highest(i.e.,supersedes all others)to lowest(i.e.,subordinate to all others):Non-Standard Terms and Conditions;Product Descriptions,Prices and Payment Terms;License Terms in order as listed above under the heading`Section B:License Terms';and Order Form. 3. All notices under this Agreement shall be in writing and shall be sent to the following respective addresses: CUSTOMER NOTICE ADDRESS PICTOME]RYNOTICE ADDRESS 14955 Galaxie Ave 25 Methodist Hill Drive Apple Valley,MN 55124 Rochester,NY 14623 Attn: Randy Knippel,Manager Attn: Contract Administration Phone: 952-891-7080 Phone: (585)486-0093 Either party may change their respective notice address by giving written notice of such change to the other party at the other party's then-current notice address. Notices shall be given by any of the following methods:personal delivery;reputable express courier providing written receipt;or postage-paid certified or registered United States mail,return receipt requested. Notice shall be deemed given when actually received or when delivery is refused. 4. This Agreement,including all licenses granted pursuant to it,shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns,but shall not be assignable by either party except that(i)Pictometry shall have the right to assign its right to receive Fees under this Agreement,provided no such assignment shall affect Pictomedy's obligations hereunder, and(ii)Pictometry shall have the right to assign all its rights under this Agreement to any person or entity,provided the assignee has assumed all of Pictometry's obligations under this Agreement. 5. IN NO EVENT SHALL EITHER PARTY BE LIABLE,UNDER ANY CAUSE OF ACTION OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT(INCLUDING UNDER THEORIES INVOLVING TORT,CONTRACT, NEGLIGENCE,STRICT LIABILITY,OR BREACH OF WARRANTY),FOR ANY LOST PROFITS OR FOR ANY INDIRECT,INCIDENTAL,CONSEQUENTIAL,PUNITIVE,OR OTHER SPECIAL DAMAGES SUFFERED BY THE OTHER PARTY OR OTHERS,EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. With respect to any claims that Customer may have or assert against Pictometry on any matter relating to this Agreement,the total liability of Pictometry shall,in the aggregate,be limited to the aggregate amount received by Pictometry pursuant to this Agreement. 7. The waiver by either party of any default by the other shall not waive subsequent defaults of the same or different kind. 8. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable,such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement Page 1 of21 Dakota Comity,MN—C184208 2017-03-23 DD-0001,20160318 Obeli remain in MI Ikea and effect. 9. Plotometry shall not be responsible for any Mere on its pert to perform due to utdbreseen circumstances or to causal beyond Plotomotry'sreasonable cannel,inoludinn but not limited to rots of God,war,riot.embargoes,acts ofeMi or military authorities, fire,weather,floods,accidents,strikes,Allure to obtain export licenses or shortages or delays oftnuraportadon,theWfiee,hel, energy,supplies,labor or materials.In the event of raw such delay,Pictometry may ddbr performance for a period of time reasonably related to the time and nature of the causeof the delay. 10. In consideration of,end subject to.payment by Customer of the Fees specified in Section A of this Agreement,Plotonuhy agrees to provide Cestomer with access to and use of the pedants specified in Section A of this Agtaerrind.subject to the tonna and conditions set forth in this Agreement. Customer hereby agrees to prey the Foci specified in Section A of this Agreement in accordion with the stated payment terms and accepts and agrees to abide by the teems adds Agrmemeet. This Agreement shell become effective upon execution by duly authorized officers of Customer end Plctometty and receipt by Plctcmetry of such fully executed document.such date of receipt by Platometry being the"effective Date." PARTIES: CIUSTOMEE ?MY TRY DAKOTA COUNTY.MN woman'INTERNATIONAL CORP (entity type) a Delaware corporation ISIGNA : St(:N1LTU . NAME: Cc/1. A r NAME:1il? C � a /0mA c _ D:.i'e4pr TITIJ .Et _�✓nietlf i Vice /-/a1d AAT>Z: Er ria re i x", ��1 E CIII1'iL/lCNar-a7 gait ao1 51- E DATE OF RECEIPT(EFFECTIVE DATE): APPROVED AS TO i AsstsDAKOTA A NE 3 43 � file Na. Ks-1q-is I3dird Res No., I?-iii P apse 2 021 Min Canty,MN-C1aa211112017404 I DDAO62-1e160e1$ SECTION A PRODUCT DESCRIPTIONS,PRICES AND PAYMENT TERMS Pictometry International Corp. • ORDERII 25 Methodist Hill Drive 0184208 Rochester,NY 14623 • BILL TO Snip TO • Dakota County,MN Dakota County,MN Randy Knippel,Manager Randy Knippel,Manager 14955 Galaxie Ave 14955 Galexie Ave Apple Valley,MN 55124 Apple Valley,MN 55124 952.891-7080 952-891-7080 randy.knippel@co.dakota.mn.us rartdy.knippel@co.dakota.mn.us • - CUSTOMER ID - • . SALES REP - • A116608 DLars • Q'rY - PRODIiCTNAME PRODUCT DESCRIPTION .• . . LISTPRI;CE DISCOUNT AMOUNT • { • PRICE(%) 339 IMAGERY- Product includes 6-1u3 OSD oblique Same images(4- $250.00 $84,750.00 NEIGHBORHOOD-4- +ite.Witch GSD orthogonal fume images,1-meter way(N5)(din)Per Sector GSD ortho rnmaic sector tiles sod one arm wide 1-meta GSD mosaic(SCW format).Orthogonal GSD:0.5 feet/pixel;Nominal Oblique GSD(all values+/-10%): Front Line:0.46 feet/pixel,Middle Line:0.51 feet/pixel, Bade Line:0.60 fee/pi xeL Applicable Terme and Coodldons:Delivered Content Mons and Conditions of Use x300 IMAGERY- Product includes 9dorh OSD oblique frame images(4- $75.00 $22,500.00 COMMUNITY-4-way way),9-inoh OSD orthogonal frame images,I-meter (C5)(91n)-Per Sector GSD ortho mosaic sector thee and one area-wide 1-mete GSD mosaic(BCW format).Orthogonal GSD:0.75 Sxtfpixel;Nominal Oblique GSD(all values+/-10%): Front Line:0.74 fod/pleel,Middle Line:025 feet/pixel. Back Line:1 AD feet/pixei. Applicable Terms and Conditions:Delivered Content Tams and Conditions of Use . 350 Tiles-Standard(din GS); Available with conaspoadiog 3",4".or 6"OSD imagery $20.00 $7,000.00 JPG format)Per Sector ppb. 6-inch OSD Mamie Thea in 3P0 Format.Tiles are provided"a is."Refer to Product Parameters ter Eddimoaai details. Applicable Tempe end Conditions:Delivered Content Teems and Conditions of Use Pictometry Connect-CA- Piclumet y Connect-CA-100(Custom Access)provides $6,600.00 $4,950.00 $4,950.00 100 up to 100 concurrent authorized mere the ability to login (25%) and access the Plato y-hosted custom imagery Andes specified elsewhere in this Agreement via a web- based,server-based or desktop integration.Tho default deployment is through web bawd Pktuwetry Connect_ Term commences on date of activation. License Tam:2 Yeats Applicable Tema and Conditions:Online Services General Tame and C mdidoro;Software License Agreement 306 Tiles-Standard(gin GSD; Available with corresponding 9"GSD imagery purchase. $10.00 $3,060.00 JPG format)Per Sector 9-inch OSD Mosaic Tiles in JPO Format.Tiles are provided"as ix"RetbrtoProduct Parametetsfor additional details. Applicable Terms and Conditions:Delivered Camas Terms and Conditions of Use _ Piotometry Connect View Pictometry Connect View-CA(Custom Acceaa) $1,500.00 $1,125.00 $1,125.00 -CA provide■visualization-only mem to the Pictometty- (25%) hosted custom Imagery Rada ries specified elsewhere in this Agreement via s web application or server based integration.Requites a cestamer yrovided web application or once based application. With respect to imagery available through this product to third parties or the Public,Pictometry rtsetves the tight to reduce the resolution of the imagay available.Term commences on date of activation. License Te:2 Yeats Page 3 of 21 Dakota Camay,MN—C184208 2017-0323 DD-0001-20160318 QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT AMOUNT - PRICE(%) Applicable Terms and Condidone:Web Visualized= Oil:kzing Tama end Conditions 350 Mosaic-Area Wide(6in ' Available with peahen of compacting tilc product. $1.00 $350.00 GSD;MrSID format, New processing erre-processing of MrS1D area wide combined)Per Sector mosaics of 6-inch GSD imagery. Tiles are provided"as is."Refer to Product Pensvatn for additional details. Applicable Toms and Con&timun Delivered Contort Terms and Conditions of Use , 1. Media Drive Capacity External USB 2.0/eSATA Externally Powered.Delivery $199.00 $199.00 931G-Drive Model iT - media prices include copying a complete image librsy . EXTPOWER onto media.Sub-wmehouabig sold eepatateiy. Applicable Tame and Conditions:Order Foon 306 Mosaic-Area Wide(9in Available with purchase of corresponding tile product. $0.50 - $153.00 GSD;MrSID format, Now process Bing or re-processing of MrSID areawide combined)Per Sector moedes of 9-Inch GSD imagery.Tiles are provided"as is."Rehr to Product Paremeams far additional details. Applicable Terms and Condition:Delivered Content Te®andCcaditions of Use 1 RepidAccess-Disaster RspidAeceas-Disaster Response Program is an $0.00 $0.00 Response Program urgency response proms omens flights after an emergency or disaster. Rafael the atteebed detailed description of the Disaster Response Program. Applicable Terms and Conditions:Order Farm 6 IMAGERY- Product includes 9-inch G6D oblique frame images(4- $200.00 $0.00 $0.00 COMMUNITY-4-way way).9-inoh GSD orthogonal Same images,1-meter (100%) (C5)pie)-Per Sector GSD ortbo mosaic sector tiles and one arca-wide 1-mots GSD rnoaic(ECW format).Orthogonal GSD:0.75 feet/pixel;Nominal Oblique 051)(all valuce+/-10%): Front Line:0.74 feet/pixel,Middle Line:0.85 tixt/pixel, Back Line:1.00 feet/pixel. Applicable Terms and Conditions:Delivered Content Tame and Condition of Use 11 IMAGERY- Product includes 6-inoh GSD oblique frame images(4- $345.00 $0.00 $0.00 NEIGHBORHOOD-4 way).6-inch GSD orthogmtd frame images,1metee (100%) way(145)(6in)Per Sector MD Ortho mosaic sector tiles and one areawide 1-meter GSD mosaic(ECW format).Orthogonal GSD:0.5 fect/pixel;Nominal Oblique OSD(all velum+/-10%): Front Line:0.46 fat/pixel,Middle Line:0.51 feet/pixel, Back Lion 0.60 feet/pixel Applicable Tams and Conditions:Delivered Content Terms and Conditions of Use 1 Oblique Imagery Bundle Includes digital copy of the Licemed Documentation for $0.00 $0.00 with Two(2)Years of the License Software,two(2)End User llteinlng EFS Maintenance& Sessions,one(1)Advanced Mier Technical Training,one Support (t)Administration/IT Training Session,ten(10)hours of telephone support,one copy of Pietometry Electronic Field Study(EFS)software,latest versioms,on the storage media specified herein,end access to downloadupdatcd version of the SFS Lionised Software far a paled of two years from the initial date of abipment of the EFS software,along with a copy of die updated documentation. Applicable Terms and Conditions:Software License Agreement 1 Electronic Field Study One copy of Electronic Field Study software,latest $0.00 $0.00 (EFS) veemon. Applicable Terms and Conditions:Software License Agreement - IThank you for choosing Pictometry as your service provider. I TOTAL I $124,087.00 Amowt pet product=((1-Discount%)'t Qty*List Price) TEES;PAYMENT TERMS All amounts due to Pictometry pursuant to this Agreement(`Fees")are expressed in United States dollars and do not include any duties,taxes (including,without limitation,any sales,use,ad valorem or withholding,value added or other taxes)or handling fees,all of which are in addition to the amounts shown above and,to the extent applicable to purchases by Customer,shall be paid by Customer to Pictomelry without reducing any amount owed to Pictometry unless documents satisfactory to PIctometry evidencing exemption from such taxes is provided to Pictometry prior to billing. To the extent any amounts properly invoiced pursuant to this Agreement are not paid within thirty(30)days following the invoice due date, such unpaid amounts shall accrue,and Customer shall pay,interest at the rate of 1.5%per month(or at the maximum rate allowed by law,!flees). In addition,Customer shall pay Pictometry all costs Pictometry incurs in collecting past due amounts due under this Agreement including,but not limited to,attorneys'fees and court coats. Page 4 of21 Dakota County,MN-C1842082017-03-23 DD-0001-20160318 Due at Signing $14,839.25 Duo at Initial Shipment of Imagery 344,517.75 Due at First Annivtsaary of Shipment ofimagery $58,655.00 Due at Activation of Online Services $6,075.00 Total Payments 8124,087.00 PRODUCT PARAMETERS IMAGERY Products IMAGERY•NEIGHBORHOOD-4-way (6ta)PerBetter Elevation Source: Pictometry-On file—Statewide LlDMt lege•` Leaf/HI Less then 3o,%leaf cover Product: IMAGERY-COMMUNITY-4-tvay(CS)(gin)-Per Sector Elevation Source: Pictametry-Onfile--StatewideLIDAR La Leaf Off Lass than 3054leaf cover Product: IMAGERY-COMMUNITY-4-way(C5)(9m)-Per Sector Elevation Source: Pioton etry-On file—Statewide MAR Lee' Leaf Off.Less than 30%leaf cover Product: IMAGERY-NEIGHBORHOOD-4-way(NS)(61n)Per Sector Elevation Source: Plctoauby-On fie—Statewide LiDAR Lea( Led OR:Lea than 30%leaf cover STANDARD ORTHO MOSAIC PRODUCTS Pietomeery standard aetho mouth products are produced through eutanated awemicking processes that ince:potato digital olevaHendata with individual Pict/malty mtho fram®to create large-atm snowier on an extremely coat-effective beaie. Because than products aro produced through summated pmeessea,radar then more expensive manual review sod heedrtouched connotive processes,them may be inherent ertliints in some of the resnldngmosaics.While I'ictomct*y works m minimize such enact,the Pietometry etandakd who mosaic products are provided on an'AS IS'basis with reepeet to visible cutlincs along mosaic seams MU king flora the tbllowing types of saheb: L Disconnects in nom-elevated surfaces gmaally caused by inaccurate elevation data; its Disconnects in elevated sadism(e.g.,roadways,bridges,etc.)generally caused by elevated surfacer cer not beingsepteseated in the elevation dots; iii. Building intersect end clipping generally maul buildings not being relmesmted is the elevation data; iv. Seasonal variations caused by images taken at different times during a lemon,or during diffamt seasons; v. Ground ilhkmiaation variations caused by imago,taken under diSf tent ilhnainedon(e.g.,sumy.high overcast,morning light,afternoon light,etc.)within one flight day or during flight drys; vi. Single OSD color vadatbms caused by iib,mimation diffetenae ormsvtiplo-aircrallamera captures; viL Mixed OSD color mind=caused by adjacent mem being Sown at different ground sample distances(GSM);and vll'. Water body color variations caused by=We individual frames being used to mato a metria morose a body of water(e.g.,lakes,ponds,rivers,em.). Other Plctomehy products teay be available that are lea prone to such artifacts than the Piotametry standard ortho mosaic products. CONNECT Products Plctemetry Connect-CA-100 Admin User Name: Randy Knippei Admin Urex&,rail: randy lmippel®oo.dakets mm.us 6'eg fence: MN Anoka MN Carver MN Douglas MN Hennepin MN Le Sneer MN Ramsey MN Rice MN Scott MN Washington MNDakota MN Wright Product: Pletometry Calumet View-CA Admin User Name: Rey Keppel Peso 5 of 21 Dakota County,MN—C184208 2017-03.23 DD-0001-20160318 Admin User Small ready.knippel@co.dakota.am.us Geefsnce: MN Anoka MN Carver MN Douglas MN 1Sennepin MN Le Surer MN Ramsey MN Rice • MN Scott MN Washington MN Dakota MN Wright RapidAceess—Disaster Response Program("DRP") Customer is eligible for DRP described below from the Effective Date through the second anniversary of the initial Project delivery. Following payment to Pictometry of amounts due with respect to each subsequent Project,Customer will be eligible for the then-current DRP for a period of two years from delivery of such subsequent Project. Customer must bear good-standing with Pictometry to maintain eligibility for DRP. A. Disaster Coverage Imagery at No Additional Charge–Pictometry will,upon request of Customer and at no additional charge,provide standard quality imagery of up to 200 square miles of affected areas(as determined by Piotometry)upon the oec armee of any of the following events dining any period Customer is eligible for DRP: ❑ /furriest=areas affected by hurricanes of Category 2 end higher. ❑ Tornado:areas affected by tornados rated EF4 and higher. ❑ Terrorist;areas affected by damage from terrorist attack. ❑ Earthquake:areas affected by damage to critical infrastructure resulting from earthquakes measured at 6.0 or higher on the Richter scale. ❑ Tsunami: areas affected by damage to critical infrastructure resulting from tsunamis. B. Discounted Rate–Coverage for areas affected by the events set forth above exceeding 200 square miles will be,subject to Pictometry resource availability,offered to Customer at the then current DRP rates. Also,coverage for areas affected by hurricanes below Category II,tornadoes below EF4 or earthquakes rated below 6.0 on the Richter scale will be,subject to Pictometry resource availability,offered to Customer at the then current DRP rates. C. Online Services–Yoe of Pictometry Connect Explarefr –Pictnmetry's DRP includes the use of Connect Explorer for a team of ninety days from the date of delivery of the DRP imagery. Customer shall have access to the DRP imagery for as long as they maintain an active Connect account. Pogo 6 of 21 Dakota County,MN–C184208 2017-03-23 DD-0001-20160318 SECTION B LICENSE TERMS PICTOMETRY DELIVERED CONTEIITT TERMS AND CONDITIONS OF USE These Pietranetry Delivered Content Teems and.Conditions of Che(the`9diveed Content Team and Candidate),in combination with the corresponding Agreement into which these terms ace incospocated,collectively get forth the terms and conditions that govern use of Delivered Content(ea hereinafter defined)forme within computing eavironmeots operated by parties other tium Piet metry. As used in the Delivered Content Tams and Conditions the terms"you"and"rue in uppercase or lowercase shall mean the Customer that entered into the Agreement into which the Delivered Content Tens and Conditions are meorporated. 1. DEFINITIONS • 1.1 "mesas,if you are a county or a non-nate consortium of counties,any political unit or subdivision Inroad totally or substantially within your bomderles that you authorize to have amen to Delivered Content pursuant m the Delivered Content Teems and Conditions. 1.2 "Aye"means a workstation or saver tart meets each of the following oritwit(i)it Is owned or leased by you or on Amttorizcd Subdivision,(ii) it le located within and only accessible from facilities that are awned or leased by you or as Authorized Subdivision,and(iii)it is wider the conteolofard may only be used by you or Authorized Subdivisions. L3 "Authorized User"mew any employee of you or Authorized Subdivisions that is authorized by you to have access to die Delivered Content through an Authorized Syseem. IA '9elivered Contest"means the images,metadalq date layers,models,reports and other g egu,j tic or structural visualaa lona or embodiments included in, provided with.or derived from the information delivered to you by or on behalf of Pictomety pursuant to the Agreement. 13 �means employee o yl or contractor of parsons or entities performing services for compensation far you or an Authorized Subdivision that by ctametrypricrto being granted moms toDelivmadCmtent end,unless P1etomdry expressly waives such requirement fir any individual,has entered into wrlttm woman with Photometry authorizing such acorea 2.GRANT OF RIGHTS;RESTRICTIONS ON USE;OWNERSHIP 21 Subject to tine tens and conditions ofthe Agreement,you are granted nonexclusive,nontransferable,limited rights en: (a)install the Delivered Content on Authorized Systems; (b)permit access and use of the Delivered Content through Authorized Systems by: (i)AethodzedUsers for p panes=ofpublie responsibtiidra of you or Authorized Subdivision that are to be performed entirely within halides s of you or Authorized Subdivisions; (II)Project Participants under the supervision of Authorized Uses for performnce of tasks or preparation ofmateriale using only hard copies(or jpg copies)of Delivered Content solely for M510ng public responsibilities of you or Authorized Subdivisions to be performed entirely within Realties of you or Authorized Subdivisions;and Grin)individual members of the public,but only through Authorized Users and solely for the purpose of making bard copies orjpg copies of images of individual properties or structures(Int not bulk orders of multiple properties or trueness)to the individual members of the public requesting them. 2.2 You may not reproduce,distribute ormaloe derivative works based upon the Delivered Content in any medium,except as expressly permitted in the Delivered Content Terms and Conditions. 2.3 You rosy not offir any part of the Delivered Content for oommmeial resale or commercial redhbfbution in any medium. 2.4 You may not distribute or alert/in make available any Delivered Content to Google or its affiliates,either directly or Indirectbr. 2.5 You may not exploit the goodwill of Pictoractry,including its Oedemata),service marks,or logo,without the expte s written consent of Piot ucly. 2.6 You may not remove,alter or obey=copyright notices or othernotices contained in the Delivered Content. 2.7 All tight,title,and Sneed(including all copyrights,trademarks and other Intellectual property rights)in Delivered Cadent in all media belong to Piceomeny or its third party suppliers.Neither you nor any ens of the Delivered Content sequin:any proprietary interest in the Delivered Content,or any copies thereof, except the lirmted ase rights granted beroin. 3.OBLIGATIONS OF CUSTOMER 3.1 Geographic Data. If available,you agree to provide to Photometry geographic data in inane),standard format(e.g.,shape,DBF)including,but not limited to,digital elevation models,strmtcentedinemapa,taxpatvelmapa and centroids,which data.totha extentpmothoable,shall bo incorporated into the Delivered Content. You agree that any of this data that is owned by you may be distributed and modified by Pietometry as pert of its products and smokes,provided that etnoline shall Pictametry claim ownership of that data. 3.2 Notification. Yon shall(a)notify Pictoruetry hi writing of any claims or proceedings involving any of the Delivered Content within ten(10)days after you learn of the claim or proceeding,and(b)report promptly to Pictometry all claimed or suspected defects in Delivered Cement 3.3 Authorized User Compliance.You shell at all times be responsible for compliance by each Authorized User with the Delivered Content Tema and Conditions. 3.4 Authorised Subdivides Compliance.You shall at all times be responsible fur compliance by each Authorized txdrdtvlslonwlth the DeliveredCoatentTemms and Gonditdma 3.5 Project Participant/.Each notice to Piettanety identifying a potential Prgject Participant than inohsda a detailed description of the scope end nature of the Project Participants'planned work and the intended use of the Delivered Content in such nark. Pictometry retains the right to restrict or revoke access to Delivered Contend by any Project Participles who does not comply with the terms of the Delivered Content Teems and Conditions. 4.LICENSE DURATION;EFFECT OF TERMINATION 4.1 Term. The license granted to you in the Delivered Content Trams and Conditions is perpetual,subject to Pictometry'a right to terminate the license in the event you do not pay in fill the Fees specified elsewhere ill the Agreement,the Agreement is s®iceted for any reason other than a breech of the Agreement by Pietomehy,or as otherwise provided in the Agreement. 4.2 Effect of Termtuadon. Upon termination of the license granted to you in the Delivered Cams Terms and Conditions,you shall immediately cease all use of the Delivered Content,promptly purge all copies ofthe Dehivemad Content from all workstations and savers on which any of it may be stored or available at the time,and rectum hard delve/media containing Delivered Cmteat to Pictome try, 5.TRADEMARKS;CONFIDENTIALITY 5.1 Use elPletomesry'e Marks. You agree not to attach say additional trademarks,trade names,logos or designations to any Delivered Content or to my copies Page 7 of 21 Dakota County.MN—C 184208 2017-03-23 DD-000120160318 of any Delivered Content without prior written approval from Pictometry. You may,however,include an appropriate government Beal and your contact information so long as the seal and contact Information in no way obscure or deface the Pictametry meths. You further agree that you will not use any Pictometry iraderbade,trade name,logo,or designation in connection with any product or service other than the Delivered Content Your emoxobsive right to use Pictometry'a trademarks,trade mane,logos,end deaignetioma ere coteaminons with the license granted to you in the Delivered Content Terns. 5.2 Confidentiality of Delivered Content.The Delivered Content contests of commercially valuable,proprietary products owned by Pictometry,the design end development of which reflect an investment of considerable time,effort,and money.The Delivered Content is treated by Pictometry as confidential and contains substantia]trade secrets of Pictometry. You agree that you will not disolose,provide a copy of or dissemlmtte the Delivered Content(other then as expressly permitted in the Delivered Content Terms and Conditions)or any part thereof to any person in any manner or for any repose Inconsistent with the license granted to you in the Delivered Content Terms anti Conditions.You agree to use yourbest ei nits to assure that your persoenel,and any others afforded amass to the Delivered Content,protect the Delivered Content against=authorized use,disclosure copying,and dissemination,and that access to the Delivered Content end each part thereof will be strictly limited. 6.LIMITED WARRANTY;DISCLAIMER OF WARRANTIES 6.1 Limited Warraidu;Exclusive Remedy. Photometry warrents that the Delivered Corned will=min true tradeable copies of the designated imagery as of the date of capture. As the solo and=elusive remedy for any breach of the foregoing wanenty.Pictometry shall use reasonable efforts to correct any deficiency that preclude'use of the Delivered Content lathe manner intended. 6.2 Dlaclahoer of Other Warranties.Except=provided in Section 6.1,above,THE DELIVERED CONTENT IS PROVIDED TO YOU"AS IS"AND WIRTH ALL FAULTS." PICTOMEIRY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY RIND, EXPRESS, IMPLIED,OR STATUTORY. ALL IMPLIED WARRANTIES,INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE,MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,AND ACCURACY,ARE HEREBY DISCLAIMED AND EXCLUDED BY PICTOMETRY. 6.3 Limitation of Liability. With respect to any other claims that you may have or assert against Pictometry on any matter relating to the Delivered Content,the total liability of Piotomctry shell,in the aggregate,be limited to the aggregate amount received by Pictometry in payment for Delivered Content during dm immediately preceding twenty-four(24)month period. 7.MISCELLANEOUS PROVISIONS 7.1 Restricted Rights. Delivered Content enquired with United States Government funds or intended for use within or for any United State fedaral agency is provided with"Restricted Rights"as defined inDFARS 252.227-7013,Rights in Technical Dam and Computer Software turd FAR 52227-14.Rights in Data- Genend,including Alternate III,es applicable. 7.2 Governing Law.This License Agreement shall be governed by and interpreted in accordance with the lawn of the State of New York,excluding its conflict.of law principles. [END OF DELIVERED CONTENT TERMS AND CONDITIONS] Page 8 of 21 Dakota County,MN—C1842011 2017-03-23 DD-0001 20160318 • SECTION B LICENSE TERMS • PICTOMETRY ONLINE SERVICES GENERAL TERMS AND CONDITIONS These Pictometry Online 8tavioee general Terme end Conditions(the'General Tenor end Conditions'),in combination with the oorrespeuding Pictametty order farm, irony.collectively constitute the license agreement(the`License Agreement")that governs your use of the Pictometry online services(the"Online Services'),the images available in the Online Services,and all aaaoolated mandate and doom layers included in,provided with,or derived tom those images(the"Licensed Content") provided by Piatmttettyhamlet onal Corp.and its affiliated companies(collectively,'Tictomchy").The tame"you"and"your"in uppercase or lowercase shall mean the individual,entity(e.g.,corporation,limited liability company,partnanhip.sole proprietor,etc.)or government agency entering info the License Agreement 1. GRANT OF RIGHTS;RESTRICTIONS ON USE;OWNERSHIP 1.1 You arc grmteda non/emb alve,nomensfinable,limited right to access and use the Online Services end the licensed Content obtained or derived from the Online Smythe'solely fir your intemel besiege pupae'and not for resale or redierihudon.The rights mined to you include,snide=to the zeatriedma Set Suds below and on the Order Poem,the right to copy limited portions oft=Licensed Conant onto your computer to Thell nate prepared=of hardoopies and weir product records,and the eighttomsiee bandeoples of the licensed Content,provided dial the Licensed Content and the permitted copies thereof may not be sold.leased,loaned,dishibated,or copied forme by anyone oder than you. 1.2 Yon may=turbo the Online Services available to any niter party. 13 You may uotcopy the Licensed Content or portions thereof onto any computer or storage device or media for the peupore emoting or meinedning one or mute databases ofthat=nu mt for use in sabatitutim for subsequent access to the contntihrough the Online Services. 1A You may notdlstribute or otherwise malas available any Liaised Content to Google or its affiliates,either cherry or indirectly. 1.5 Yon may not exploit the goodwill of Piemeetry,including its lrademotks,service mads,or logos,without the express written consent of Pictometry. 1.6 You may not move,altar or obscure copyright notices or other notices contained in theLiemsed Content 1.7 Yon may not other Retyped of the Online Services orthe Linseed Cement for oammtercial'alee or commercial redistdbut ion in any medium. 1.8 You may not me the Online Services or deo Linefeed Content to compete with any businesses of Pictometry. 1.9 You may not me information included in the Online Services or the Licensed Content to amine an individual consumes's eligibility for(s)credit or insurance for personal,family,or household purposes,(b)employment or(c)a government Haase or benefit The term"consumer"Is defined in the United States Fair Credit Reporting Act at 15 USC 81681. 1.10 You may not access the Online Services via mechanical,prowammetie,robotic,scripted or any other automated means.Unless otherwise agreed by Pictometry invoking,este ails Online Services is penalised 9nly via manually conducted,discrete,human-initiated individual Semnh and rctreval activities 1.11 All right,title,red interest(including all copyrights,trademaika mrd other intellectual paopettiyrights)in the Online Services and the licensed Content in all media belmg to Plctomeby or iia tbirdpargr suppliers.Neither you nor any meas of the Online Services or the Licensed Content acquit*any proprietary interest in the Online Services,the Licensed Contact,or any copies thereof,except the limited use rights named herein. 2. ACCESS TO SERVICES 2.1 Only you,your employees,end tempmmy or contract employees dedicated to performing work mmheivoly for you(east,are"Eligible User"and collectively,the"Eligible Users")are eligible to access and use the Online Services and the Licensed Content pursuant to the License Agreement.Each Eligible Utter to be provided access to the Online Service shall be assigned a unique login/password(`Pictometry Credential")for purpose of accessing the Online Services. Yon ague that each Pictometry Credential shall only be used by the EhigibleUser to whom it was originally assigned and that Pi kuneLy Credentials may not be shared with,mused by,any other poison,including other Eligible Uses. You will promptly deatctivete an Eligible Lbw's Pictometry Credentinl in rine event the Eligible Use no longer=chi the eligibility requirements or you otherwise wish to terminate the Eligible User's access to the Online Services.You are responsible for all use nide Online Services accessed with Pictorsetry Credentials issued to your Eligible Utas, includingassaciated charges,whether by Eligible Users or others. You will use reasonable commercial of xis to prevent unauthorized use ofPlcmmesry Credentials assigned to your Eligible Uaaa and will promptly deactivate any Pictometry Credentials you suspect are lost,stoles,compromised,or misused. 22 The Online Services,the Licensed Content,and features and functionality within the Online Services may be enhanced,added to,withdrawn,orotherwise changed byPictometry withoutnotice. 2.3 You aro away and understand that anyuser data collected or stored by the Online Service may be accessed by US law enforcement agencies ender the US PATRUOTAct You hereby release,and agree to hold P1 ometry harmless from,all claims agate Pictometry with respect to such access. 3. DISCLAIMERS 3.1 The Online Services and the Licensed Content are provided far visualized=purposes only,are not authoritative or defmtdve,and do not constitute professional emcgineeing or surveying services. 32 The Online Services and the Licensed Content are not to be relied upon to precisely locate or deremime property boundaries and should not bound'colica of a professional survey where the accuracy of measurements,distance,height,angle,arca and volume,may have significant consequences. 3.3 AH messrreenenta and reports gemmed by the Online Services or from the Licensed Content are based upon s000nd order vinhalieetien and me emenent data that do notprovide authoritative or definitive measurement results suitable faprofeesional engineering err amveying ptuposee. 3A Contour inl6anudka obtained ham the Online Services or contained in the Licensed contest is generated gam undetsampled elevation data,is provided for intbrmatiamelparpoaea only,and is not suitable lin'use as the basis kr hydrographic computation',etttlmadoss or analyses. 3.5 While the Online Services end the Licensed Content may be considered useful supplements for life critical applications,they are not designed or mamtaioed to support such applications and Pictometryand its third party suppliers of tis Online Services and the Licensed Content heteby disclaim all liability for damages ciahm and expenses arising from such use. 3.6 Your reliance on the Online Services and the Licensed Contort*hould only be undertaken ageran independent review oftheir accuracy,completeness, efficacy,timeliness and adequacy for your intended purpose. 3.7 Pictometry and each third party supplier of any portion.of the Online Services or the Licensed Contact assume no responsibility for any consequences welting Sam the me of the Online Services mike Licensed Content rev 3.8 Pietometry and each third party'tippler any portion of the Online Services or the Licensed Contest hereby disdain'all liability for damages,claims and expenses'rising from or in any way related to the aesorrsay or availability of the Online Services and the licensed Contest 3.9 By accepting Porte Genual Teams end Conditions or by using die Online Services or die Licensed Contact,you waive any and ell rights you may have against Pictomary,each third parry supplier of any portion of the Online Services or the Licensed Content,and each of their directors,officer,members and employee',arising out of use of or reliance upon the Online Services or the Licensed Content 4. LIMITED WARRANTY Page 9 of 21 Dakota County,MN—C184208 2017-03.23 DD-0001-20160318 4.1 Piototnetry represents and warrants that it has thought and authority to make the Online Services and die Licensed Content available to you and your Eligible Users as authorized expressly by this License Agreement. 42 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.1,THE ONLINE SfRVICBS AND LICENSED CONTENT ARE PROVIDED ON AN"AS IS", "AS AVAILABLE"BASIS AND PICTOMETRY AND BACH THIRD PARTY SUPPLIER OF LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES,INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. LIMITATION OFLIABILITY 5.1 No Covered Party(es defined below)shall be liable for any loss,=jury,claim,liability,or damage of any kind-resulting in any way Rom(a)any errors in or omissions from the Online Services or the Licensed Content,(b)the unavailability or intenuption of the Online Services or any features thereof or the Licensed Content,(c)your or an Eligible User's use of the Online Services or the Licensed Content,(d)the loss or corruption ofany data or equipment in connection with theOnl ne Services or the Licensed Content,(e)the content,accuracy,or completeness ofthe Licensed Content.allregmdkas of whether you received assistance in the use oftbe Online Service from a Covered Pally,(f)any delay or failure in performance beyond the reasonable control of a Covered Party,or(g)any contentretrieved from the Internet even ifnarieved or linked to from within the Online Services. 52 "Covered Party"means(a)Pictomepy and any officer,director,employee,subcontractor,agent,successor,or assign of Pietomally;and(b)each third party supplier of any Licensed Content,third party alliances itliy,their affiliates,and any officer,director,employee,subcontractor,agent,euccenar,or assign of any third party supplier of any Licensed Content or third party alliance entity sad dusk affiliates. 5.3 TO THE FULLEST EX I'E TP PERMISSIBLE BY APPLICABLE LAW,UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILTIY OF THE COVERED PARTIES IN CONNECTION WFFH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR THE LICENSED CONTENT OR THIS LICENSE AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE TIM CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. 54 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR ANY SPECIAL,INDIRECT,INCIDENTAL,OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER(INCLUDING,WITHOUT LIMITATION,ATTORNEYS'FEES)IN ANY WAY DUE TO,RESULTING FROM,OR ARISING IN CONNECTION WITH THE ONLINE SERVICES,THE LICENSED CONTENT,OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS.THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS OR YOUR(AND YOUR ELIGIBLE USERS) INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO PICTOMETRY OR ITS THIRD PARTY SUPPLIERS. 5.5 Notwithstanding anything to the contrary in this Section S: (a)If there is a breach of the inanely in Section 4.1 above,then Pictomehy,at its option and expense,shall either defend or settle any action and hold you harmless against proceedings or damages of any kind or description based on athird party's claim of patent,trademark,service mark,copyright or trade secret infringement related to use of the Online Services or the Licensed Content,asserted against you by such third party provided:(I)all use of the Online Services and the Licensed Content was in accordance with this License Agreement;(11)the claim,cause of nation or infringement was not caused by you modifying or combining the Online Services or the Licensed Content with or into other products,applications,images or datanot approved by Piotometry;(ill)you give Pietnmetry prompt notice of such claim;and(iv)you give Pictomctry the right to control and direct the investigation,defense and settlement of such claim. You,at Pictometry's expense,shall reasonably cooperate with Pietometty in connection with the foregoing. (b)In addition to Section 5.5(a),if the Online Seavices,the opcationthmeof or the Licensed Content become,or in the opinion ofPlctometry are likely to become,the subject of a claim of Infringement,Plctometry may,at its option and expanse,either:(i)procure for you the right to romtinue using the Online Services or the Licensed Content,(fi)replace or modify the Online Services or the Licensed Content so that they become non-infringing,or(iii) laminate the License Agreement on notice to you and grant you a pro-rata refund or credit(whichever is applicable)for any prepaid fees or fixed charges. (o)The provisions of Sections 5.5(a)and(b)shall constitute your sole and exclusive remedy for the respective mesas specified therein. 6. MISCELLANEOUS 6.1 The terms and conditions of this License Agreement may be changed from time to time immediately upon notice to you. If any changes are made to this License Agreement,such changes will:(a)only be applied prospectively;and(b)not be specifically directed against you or your Eligible Users but will apply to all similarly situatedPictometry customers using the Online Services.You may terminate this License Agreement upon written notice to Pictometry if any change to the terms and conditions of this License Agreement is unacceptable to you. For teanmatlon to be effective under this Section 6.1,written notice of termination must be provided to Pictametry within 90 days of the effective date of the change. Continued use of the Online Services following the effective date of any change coastitsttea acceptance of the change,but does not effort the foregoing tcominsdnn right Except as provided above,this License Agreement may not be supplemented,modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore,this license Agreement may not be supplemented,modified or otherwise revised by email exchange,even if the email contains a printedname or signature line bearing signature-like font. The foregoing does not prohibit the execution ofelectronic contracts bearing electmmie signatures of authorized Representative,of both parties,provided such signatures include digital certifications or are otherwise authenticated. 62 In the event of a bleach of this license Agreement by you,any Eligible User or someone using the Pictometry Credential of an Eligible User,Plctomerry may temporarily anspend or discontinue providing access to the Online Services to any or all Eligible Users without notice and Pictometry may pursue any other legal remedies available to it 6.3 All notices and other communications hereunder stall be in wilting or displayed electronically in the Online Services by Pietomctry. Notices shall be deemed to have been properly given on the date deposited in the mail,if mailed;on the date fiat made available,if displayed in the Online Services;or on the date received,if delivered in any other meaner.Legal notices to Pictomeary should be sent to Pictomthmy,Atte:General Counsel,25 Methodist Hill Drive,Rochester,New York 14623. 6.4 The thilure of you,Pictomehy,or any third panty supplier of the Online Services or any Licensed Content to enforce any provision hereof shall ant constitute or be construed as a waiver of auahpmvision or of the right to=three it ata later time. 6.5 Neither you nor any Eligible User may assign or otherwise transfer your rights or delegate your duties under this License Agreement without the prior written consent of Piclometry.Any attempt by you or any Eligible User to assign,transfer or delegate your rights or obligations under this license Agreement without Pietometry's consent shall be void,end shall also void the limited license se granted to you by this License Agreement This Licenat Agteaneni and any amendment thereto shall bo binding on,aad•will inure to the benefit of the parties and their respective successors and permitted assigns. 6.6 This License Agreement ahali be governed by and interpreted in accmdaace with the laws of the State of New York,excluding its conflicts of law principles. Unless you are a government entity,hi the event dietary legal proceedings are commenced with reaped to any matter arising under this License Agreement, the parties specifically consent and agree that the conte of the State of New York or,in the alternative,the Federal Courts located in the State ofNew York Page 10 of21 Dakota County,MN—C184208 2017-03-23 DD-000I 20160318 shall have exclusive jurisdiction over each of the parties and over the subject matter of any suchroc and flat the venue of any such action shall be in Monroe County,New York or the U.S.District Court for the WatrznDisbrict of New orf,asApplicable.p 6.7 This License Agreement will be endured to the fullest extent permitted by applicable law.If any provision of this License Agreement is held to be invalid or unenforceable to any extent,then(a)Inch provision will be interpreted,construed and reformed to the extent reasonablytegtdred to render it valid, enforceable and consistent with ha Leigh's!intent and(b)such invalidity or unenfacability will not affect any other provision of this License Agreooent 6.8 Where applicable,each affiliated company of Pictometry and each third party supplier ofthe Online Services or any Licensed Contenthsa the right to assert and enforcetlre provisions of this Lianas Agreement directly on its own behalf as a third party beneficiary. 6.9 in the event of a breach of your obligations under this License Agreement or your payment obligations with respect to warm to the Online Services er the Licensed Content,you epee to pay all ofPictemetry's costa of enforcement and collection,including court coats and reasonable attorneys'fen. 6.10 This License Agreement constitutes the entire agreement of the parties with respect to its subject matter-and replaces and supersedes any prior written or verbal communications,representations,proposals or quotations relating to that subject matter. [END OF ONLINE SERVICES GENERAL TERMS AND CONDITIONS! Page 11 of21 Dakota Coualpr,MN—C184208 2017-03-23 DD-0001-20160318 SECTION B LICENSE TERMS PICTOMETRY WEB VISUALIZATION OFFERING TERMS AND CONDITIONS These Pictometry Web Visualization Offering Terms and Conditions(the"RIO Terms and Conditions"),in combination with the corresponding Pictometry order form,if any,collectively constitute the lineae agreanent(the'W VO license Agreement')that governs your use of Piictometey web visualization offerings(the"WVO Services'),the images available in the WVO Services,and all associated metadataand data layers included in,provided with,or derived from those images(the"WVO Lice/wed Content")provided by Pictomehy International Corp.and its affiliated companies(collectively,"Pictometry"). The tams'you"and"your"in uppercase or • lowercase&ball mean the individual,entity(e.g.,orparation,limited liability company,partneretrip,eole proprietor,etc.)or government nmeet ageaoy entering into the WVO License Agreement. 1. GRANT OF RIGHTS;RESTRICTIONS ON USE;OWNERSHIP 1.1 You are granted anonexclusive,nontransferable,limited right to use'and to provide public areas to,and use of the WVO Services solely for purposes of providing access to W VO Licensed Content in response to bumen-iaidemd,discrete location-epeaifo requertstlaough a single web rite operated exclusively by Of for you to weave you and your while constituencies and not for resale or redistribution oroommaoiri use of any Oaf WO. 12 You may not copy or retain coplee of the WVO Licensed Content obtained through the WVO Services or portions thereof onto any computer or storage device o r media for the purpose of creating or maintaining one or more databases of that content forum in substitution for eubaoqueffi ace as to the content through the WVO Services or any other Services,nor will your authorize or permit any user of the WVO Services to do so. 1.3 You may not exploit the goodwill of Pictornetry,including its trademarks,service marks,or logos without the ox;aese written consent of Pictometry. 1 et You may not remove,attar or obscure copyright notices or other notices contained in the WVO Licensed Content 1.5 You may not offer any part of the WVO Services or the WVO Licensed Content for commercial resale or commercial redistribution in any medium. 1.6 All right,title,and interest(including all copyrights,trademarks and other intellectual property rights)in the WVO Services and the WVO licensed Content in all media belong to Pictometry or ha third party suppliers.Neither you nor any users of the WVO Services or the WVO Licensed Content acquire any proprietary interest in the WVO Services,the WVO Licensed Content,or any copies thereof excerpt the limited use rights granted herein. 2. TERMS OF ACCESS TO WVO SERVICES 2.1 You shall provide to all end-user,of the WVO Services on the page through which they access such services conspicuous notice of the following-terms of access:(a)WVO Licensed Content available through the WVO Is copyrighted material.(b)end-users of the WVO Services are granted the right to access and view the WVO Licensed Content through the WVO Services for personal use only end not for commercial purposes of any type,(o)end-users of the WVO Services are prohibited from reproducing,reselling,transferring,redistributing or creating derivative works from WVO Licensed Content,(d)all right,tide,and interest(including all copyrights,trademarks and other intellectual property rights)in the WVO Services and the WVO Licensed Content in all media Wringer Pictomdiy or its third party suppliers,and(a)THE WVO SERVICES AND WVO LICENSED CONTENT ARE PROVIDED ON AN 'AS IS","AS AVAILABLE'BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF WVO LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES,INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 2.2 The WVO Services,the WVO Licensed Content,end features and fuactionelity within the WVO Services maybe enhanced,added to,withdrawn,or otherwise charged by Pictometry without notice. 2.3 You are aware end understand that any user data collected or stored by the WVO Services may be accessed by US law enforcement agencies under the US PATRIOT Act You hereby release,and agree to hold Pictemetry harmless from,all claims against Pietometry with respect to such occas. 3. DISCLAIMERS 3.1 The WVO Services and the WVO Licensed Content are provided for visualization purposes only,am not authoritative or definitive,and do not constitute profcasional engineering or surveying services. 32 The WVO Services and the WVO Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used in lieu of a professional survey where the accuracy of measurements,distance,height,angle,area and volume,may have significant consequences. 3.3 All measurements and reports generated by the WVO Services or from the WVO Licensed Content are based upon second order visualization and measurement data that do notpmvide authoritative or definitive measurement results suitable tbr professional engineering or surveying purposes. 3.4 Contour information obtained from the WVO Services or contained in the WVO Lionised Content is generated from undersampled elevation data,is provided for informational purposes only,and is not suitable for use as the bailie for hydrographic computations,estimations or analyses. 3.5 While the WVO Services and the WVO L3aeaeed Content may he considered useful supplements for life critical applications,they are not designed or maintained to support such applications and Pictomeny and its third party suppliers of dee WVO Services and the WVO Licensed Content hereby disclaim all liability for damages,claims end expenses arising from much use. 3.6 Your reliance on the WVO Services end the WVO Licensed Content should only be undertaken after an independent review ofthcir accuracy,completeness, efficacy,timeliness and adequacy for your intended purpose. 3.7 Pictnmetey and each third party supplier of anyportion of the WVO Services or the WVO licensed Content assume no responsibility for any consequences resulting from the use of the WVO Services or the WVO Liaenaed Content 3.8 Pictometry and each third party supplier of any portion of the WVO Services or the WVO Licensed Content hereby disclaim all liability for damages,claims and expenses arising gore or is any way related to the accuracy or availability of the WVO Services and the WVO licensed Content 3.9 By accepting these WVO Teems and Conditions or by using the WVO Services or the WVO Licensed Content,you waive any and all rights you may have against Pletome ty,each third party supplier of any portion of the WVO Services or the WVO licensed Content,and each of their directors,officaa, member'and employees,arising out of use of or reliance upon the WVO Soviets or the WVO Licensed Content. 4. LIMITED WARRANTY 4.1 Pictometry represents and waranta that it baa the right and authority to make the WVO Services and the WVO Licensed Content available to you as authorized expressly by this WVO License Agreement. 4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.1,THE WVO SERVICES AND WVO LICENSED CONTENT ARE PROVIDED ON AN"AS IS',"AS AVAILABLE"BASIS AND PICIUMBTRY AND EACH THIRD PARTY SUPPLIER OF WVO LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES.INCLUDING THE WARRANTIES OP MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE. S. LIMITATION OF LIABILITY 5.1 No Covered Party(as defined below)shall be liable for any loos,injury,claim,liability,or damage of any kind resulting in any way from(a)any errors jour omissions from the WVO Services or the WVO Licensed Content(b)the unavailability or intenhption of the WVO Soviets or any features thereof or the WVO Licensed Content,(c)your or any other party's use of the WVO Services or the WVO Licensed Content,(d)the lass or coauption of any data or equipment in connection with the WVO Services or the WVO Licensed Content,(0)the content,accuracy,or completeness of the WVO Licensed Content, Page 12 of 21 Dakota County,MN—C184208 2017-03-23 DD-0001 20160318 all regardless of any assistance received in the use of the WVO Service from a Covered Party,U)any delay or failure in pafoimaace beyond tbereasonable control of a Covered Party,or(g)any content retrieved froth the Internet even if retrieved or linked to from within the WVO Services. 5.2 "Covered Party"means(a)Pictometry,its affiliates and any officer,director,employee.subcontractor,agent,successor,or essip of Pictometry or its affiliates;and(b)eaob*id party swine of any WVO Licensed Content,third party alliance entity,their affiliates,and say officer,director,employee, subcontractor,agent,Successoror assign any third pasty supplier of any WVO Licensed Content or third party alliance entity and their affiliates. 5.3 TO T118 FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WVO SERVICES OR TAE WVO LICENSED CONTENT OR THIS WVO LICENSE AGREEMENT EXCEED THE LESSER OP YOUR ACTUAL DIRECT DAMAGES OR TILE AMOUNT YOU PAID FOR THE WVO SERVICES IN THE TWENTY-FOUR MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OP ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. 5.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR • ANY SPECIAL,INDIRECT,INCWENTAL,OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER(INCLUDING,WITHOUT LIMITATION,ATTORNEYS'FEES)IN ANY WAY DUE TO,RESULTING FROM,OR ARISING IN CONNECTION WITH T1lE WVO SERVICES, THE WVO LICENSED CONTENT',OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL.NOT APPLY TOA PARTY'S INDEMNITY OBLIGATIONS OR YOUR(OR ANY OTHER WVO SERVICES USERS')INFRINGEMENT OF ITIE ECIUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO PICTOMBIRY OR ITS THIRD PARTY SUPPLIERS. 5.5 Notwithsfeod ng enytbiog to the coating in this Section 5: (a)If there is a breach of the wananty in Section 4.1 above,than Pictometry,at its option and tepees*,shall zither defend or settle any action and hold you harmless against proceedings or damages of any kind or description based on a third party's claim of patent,trademark,service marc,capysigbt or trade secret infringement related to use of the WVO Services or the WVO Licensed Cont,assorted against you by ouch third pony provided:(i)all use of the WVO Services and the WVO Licensed Content was in seem:lance with this WVO License Agreement:(II)the claim,came°faction or Wiegman was not caused by you modifying or combining the WVO Services or die WVO Licensed Contest with or into ether produces, applications,Images or data not improved by Piotometq;(iii)you give Piatometry prompt notice of eoch chin;and(iv)you give Pictomeeyr the right to control and direct the investigation.defense and settlement of such claire. You,at Picmmetry'e expense,shall reasonably cooperate with Piesome try in commotion with the foregoing. (b)In addition to Section 53(a),if the WVO Services,the operation thereof or the WVO Licensed Content become,oris the opinion of Pictoneny am Molly to become,the subject of a clan of infringement,Piatometry may,at its option and expanse,either:(h)procure for you the eight to continue using the WVO Services or the WVO Licensed Content,(if)replace or modify the WVO Services or the WVO Licensed Content so that they become n or(flit)terminate the WVO License Agreement on notice to you and graotyou a pro-rata refund orceedit(which,veris appllcablo)fir any preepid hes or fixed (c)The provisions of Sections 5.5(a)and(h)shall constitute your solo and exclusive remedyfhr the respective matters specified tbemin. 6. MISCELLANEOUS 6.1 The tams and conditions of this W VO License Agreement maybe changed from time to time immediately uponnotice to you.If any changes aro made to this WVO License Agreement,such changes will:(a)only be applied prospectively;and(b)not be specifically directed against you but will apply to all similarly situated Pictorudry customers acting the WVO Services.You may terminate this WVO License Agreement upon written notice to Piotoraetry if any change to the tams and conditions of din WVO License Agreement is unacceptable toyou.For termination to be effective under tltia Section 6.1, written notice oftemtimtion must by provided to Pictometry whin 90 days of the effective date of the change. Continued use of the WVO Services following The effective date of as thong,constitutes sceeptanee oldie change,but does not affect the foregoing=mined=right.Except as provided above,this WVO Licence Agreementmeynotbe supplemented,modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore,this WVO License Agreement may not In supplemented,modified or otherwise revised by email melange,even if the amii contains a printed name or signature line bearing signature like font.The foregoing does not prohibit the execution of electronic contracts bearing electronic signatures of amharieed ropresentativea of both partite,provided such signatures include digital certifications or are otherwise authenticated. 62 In the event of a breach of thia WVO License Agreement by you or someone using the WVO Services,Pictometry may temporarily suspend ecdiserentiaue providing access to the WVO Services without notice and Pictoneeyr may pursue any other legal rdmedics available to il. 6.3 All notices and ether communications hereunder shall be in welting.Notices shall be deemed to have born properly given an the date deposited lathe mail, if mailed or on the date received,if delivered in any other manner. Legal notices to Plotometry should be sent to Pietomemy,Atm:General Counsel,25 Methodist Hill Drive,Rochester,New York 14623. 6.4 The Wore of you,Pictonietry.or any thhdparty supplies of the WVO Services or any WVO Licensed Content to erftree any provision hereof shall not conitftutenebe construed as a waiver of such provision or of the right to=three itata later time 63 You may not sign or otherwise transfer your rights or delegate your duties under this WVO Licane Agreement without the prior written cement of Pictomretry.Any attempt by yon to sedge,transfer or delegate your rights or obligations under this WVO License Agreement without Pictometry's consent shall be void,and shell also void the limited license granted to you by this WVO License Agreement Thin WVO Lineup Agreement and any amendment thereto shall be binding on,and wr71 inure to the benefit of the parties and their respective successors and permitted miens. 6.6 This WVO License Agreement shall be governed by and interpreted in accordance with the laws of the State of New Yak,excluding its conficu of law principles. Unless you are a government entity,in the event that any legal proceedings are commenced with respect to any meaner arising under this WVO License Agreement,the parties specifically consent end agree dud the courts of the State of New York or,in the elte native,the Federal Comb located In the State of New York&hall have exclusive jurisdiction over each otthepeed=and over the subject matter of any such proceedings,and that the voerue of any such action shall be h Monroe County,New York or the U.S.District Court for the WeetemDistriet of New York,as applicable. 11 6.7 This WVO license Agreement will be enforced to the Hallen eretaatpe®hmd by applictble law.If any provisionoftbis WVO License Agreement is held to be invalid or uttautbrceable to any extent,then(a)such provision will be interpreted,construed and=formed d to the Went nesonabty required to render it valid,enforceable and consistent wide its original intent and(b)suehinvalidity or unenforceable/will not affect any other prevision of this WVO License Agreement 6.1 Where applicable.each affiliated company of Pictomet y and each third party supplier of the WVO Services or any WVO Licensed Contemners the rightto assert end cnfeuoo the provisions of this WVO License Agreement directly an its own behalf as a thltdp sty beaefiojary. 6.9 In the event of a breach of your obligations taster this WVO License Agreement or your payment obligations with respect to access to the WVO Services or the WVO Licensed Content,you agree to pay all of Pictometryh come of enforcement and collection,including court costs and reesomable ateomeys'fees. 6.10 This WVO License Agreement constitutes the entire agreement of the parties with respect to in subject matter and replaces and supersedes any prior written or verbal e®mmiostians,represeaatatiante,proposals or quotations relating to that subject matter. [END OF WEB VISUALIZATION OFFERING TERMS AND CONDITIONS] Pegi,13 p.1-21 Dakota County,MN—C184201 2017-03 23 DD-0001..20160318 SECTION B LICENSE TERMS PICTOMETRY SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT("LICENSE")CAREFULLY BEFORE DOWNLOADING,INSTALLING OR USING THE SOFTWARE.BY USING THE SOFTWARE,YOU AGREE TO THE TERMS OF THIS LICENSE.IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE.,DO NOT DOWNLOAD,INSTALL OR USE THE SOFTWARE. I. GENERAL.The software(Tlctometry Software")and any written materials that accompany the software("Documentation')m any media or Turn are licensed. not sold,to you by Piotome ry International Corp.("Pictometry")for use tidy under the teams ofthis Licence.Pictometry reserves all rigbta not expressly granted to you in this License. 2. LICENSE. Subject to the tame and conditions of this License you ere granted■limited,non-tranaltcable,terminable,non-sublicenseable,non-exclusive license to install and use the Piatometry Software and the Documentation(collectively,the`Proprietary MataieW')moldy for intmal use Use of the Emotionality provided by the Pictomehy Software other than Bat your internal use is prohibited,except withthe prior written approval of Pictometry. You may melee one copy of the Pictometry Software in machine-readable form for backup purposes only;provided that the backup copy must include all copyright and other proprietary notices contained in the original.You will not and will not enable others to decompile,reverse engineer,diaaasemble.,attempt to derive the source code of, decrypt,modifyy,create derivative works of,or tamper with or disable any security ormcmitoring features within the Pictometry Software.Arty attempt to do so is a violation ofthe rigida of Pictometry and its licensees. 3. TITLE. The Proprietary Material,are confidential information of,trade secrets of,and are proprietary to Pictometry.Title to the Proprietary Materials is and will remain in Pictometry and its licensors.Ali applicable rights to patents,copytights,tradcmarks,trade motets,and other intellectual property tights in the Proprietary Materials are and will remain in Pletametry and its licensors.You will not assortany right,tide or interest in the Proprietary Materials provided to you under this License,except for the express license granted to you hereunder.You will not remove any copyright or other proprietary notice or loped contained on or included in any Proprietary Materiala and you will reproduce all such intbimation on all copies made hereunder.You will keep the Proprietary flee of all claims,liens and encamtbrances. 4. DISCLAIMERS OF WARRANTY. USE OF THE PICTOMETRY SOFTWARE IS AT YOUR.SOLE RISK.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,THE PICTOMETRY SOFTWARE IS PROVIDED"AS IS",WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. AND PICTOMETRY IIEIU3BY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PICTOMETRY SOFTWARE,WHETHER EXPRESS. IMPLIED OR STATUTORY,INCLUDING,BUT NOT LDaTTED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. P]CTOMETRY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE PICTOMETRY SOFTWARE WILL MEET YOUR REQUIREMENTS,THAT THE OPERATION OF THE PICTOMETRY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE,OR THAT DEFECTS IN THE PROPRIETARY MATERIALS WILL BE CORRECTED. 5. LIMITATION OF LIABILITY.IN NO EVENT WILL PICTOMETRYBE LIABLE FOR ANY INCIDENTAL,SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER,INCLUDING,WITHOUT LIMITATION,DAMAGES FOR LOSS OF PROFITS,LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OP OR RELATED TO YOUR USE OR INABILITY TO USE THE PICTOMETRY SOFTWARE,HOWEVER CAUSED,REGARDLESS OP THE THEORY OF LIABILITY(CONTRACT,TORT OR OTHERWISE),EVEN IF PICTOMETRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL PICTOMETRY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES(OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY)CAUSED BY,ARISING OUT OF OR IN ANY WAY RELATED TO THE PICTOMETRY SOFTWARE EXCEED THE AMOUNT OP FIFLYDOLLARS(S50.00).THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 6. TERMINATION. This License will terminate automatically withoutnodee from Pictometry if you Sul to comply with any term of this license. Upon the termination of this License,you will cease all ase of the Pictamctry Software and destroy all copies,full or partial,of the Proprietary Materials. 7. MISCELLANEOUS PROVISIONS. A. Restricted Rigida Pictometry Software acquired with United States Government 11mds or Intended for use within or for any United States federal agency fe provided with'Restricted Rights"as defined in DEARS 252.227-7013,Rights In Technical Data and Computer Software and FAR 52.227-14,Rights in Data-Gene al,including Alternate III,as applicable.Pictometry must be notified in advance of any license grants to United States federal govanmental entities.The Pictometry Software is developed for general use in a variety of applications and is not developed or intended for use in any inherently dangerous applications or applications that coald lead to property damage,personal injury or death.If you Luo the Pictometry Software in such applications, then you will be responsible for taking all appropriate]ail-safe,backup,redundancy,and other measures to ensure the safe use of the Pictametry Software in such spplicatl®a,including but not limited to,in any nuclear,aviation,mass transit,public safety or medical applications. B. Foreign Trade Rea4ictioni The parties admowledgethat certain Intiormation,software technology,accompanying documented=and technical information may be subject to United States export control laws.You will not directly or indirectly export or reexport the Pictometry Software in violation of theExport Administration Reigul t(ona afore U.S.Dominant of Commerce. C. Governing Law. This Lioeose will be governed by and irterpaeted in accordance with the laws of the State of New York,excluding It conflict of laws principles. D. Assignment You may not assign this License without Pietomehy's prior written consent Any assignment in violation of this License will be null,void and of no force and effect.For all purposes ruder this License,any merger,consolidation,spin-oft acquisition or change-in-control will be deemed an assignment 1?. Partial Invalidity;Survival. If any provision of this License is held invalid or unenforceable by competent authority,lhatprovistonwill be construed so as to be LTmuted or reduced to be entbtceable to the maximum extent compatible with the haw as itwiilthen appear.The total invalidity or tmefforeesbllily of any particular provision of this Licccse will not affect its other provladaaa and this Kansa will be construed in all expects as if the invalid orunonforceableprovision were emitted.The provision;of this License that by their nature would sutvive its to nination will survive indefinitely. Page 14 of 21 Dakota County,MN—C114208 2017-03-23 DD-0001-20160318 F. Force Majeure.Neither party will bcliabk for any town or damages due to nonperformance under this License arising out of any cause not within the reasonable control of such party and without its huh or negligence.Neither party will be liable for any delay or ibilare in the perknnance of Id obligations under Chia License that directly results front any Miura of the other party to perform its obligations as vet forth in this License. G. Waiver. No waiver of a breach of any tum of this License will bo effective uolesv in writhe and duly executed by to waiving party.No such waiver will constitute a waiver of any subsequent breach of the mama or any other tem of this License.No firilnre on Cho part of aparty to exercise,and no delay in cracking any of Its tights hereunder will operate as a waiver thereofy nor will any single a partial exercise by a party of any right preclude any other or Ritmo exercise thereof or the exercise of any other right No counsel ofdarling between the parties will be deemed effective to modify,amend or discharge any part of this License or tho rights or obligations of any parryheremader R. Endre Agreement;Consbut Aon.This license contains the entice understanding of the parties with inspect to the object manic hcrsofand supersedes any prior or contemporaneous understandings regarding that subject matter.No amendment to or modification of this license will be binding unless in writing and signed by Pictometry.There are no representations.wmmtias,or obligations of any Vey not ems*contained herein. The headings in his License are for convenience only.They do not constitute a portion of this License and will not be used in any 000rtr etion of it ' I 'END OF SOFTWARE LICENSE AGREEMENT] Page 15 of21 Dakota County,MN—C184208 2017.0323 DD-0001-20160318 SECTION C NON-STANDARD TERMS AND CONDITIONS 1. Online Services Eligible Users: Notwithstanding anything in the Online Services General Terms and Conditions incorporated in this Agreement to the contrary,the terms Eligible User'and'Eligible Users'as defined in those Online Services General Terms and Conditions shall,for the purposes of this Agreement,also include each'Authorized User'as that term is defined in the Delivered Content Terms and Conditions of Use incorporated in this Agreement. 2. Applicable Law: Notwithstanding anything to the contrary set forth elsewhere in this Agreement,this Agreement and any modifications,amendments or alterations shall be interpreted,construed and enforced in all respects in accordance with the laws of the State of Minnesota,excluding its conflicts of law principles. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of Minnesota in connection with any action to enforce the provisions of this Agreement,to recover damages or other relief for breach or default under this Agreement,or otherwise arising under or by reason of this Agreement. 3. Collective Purchase/Project Contingency:The six(6)sectors of 9 inch imagery,the two(2)sectors of 6 inch imagery and the nine (9)sectors of 6 inch imagery as set forth in Section A Product Descriptions,Prices and Payment Terms and the attached Sector Maps ("Shared Sectors")comprise one element of a collective purchase transaction for the benefit of Customer,Washington County,MN and Scott County,MN(collectively,the"Participants"). Customer shall receive the Shared Sectors at no charge so long as Participants'image captures occur simultaneously,at the same imagery resolution. Should the Participants'image captures not occur simultaneously,Customer will be charged the list price(as set forth in Section A Product Descriptions,Prices and Payment Terms)for the Shared Sectors. 4_.Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with Customer. No tenure or any rights including worker's compensation,unemployment insurance,medical care,sick leave,vacation time,severance pay,PERA,or other benefits available to Customer employees,including indemnification for third party personal injury/property damage claims shall accrue to Pictometry's or employees of Pictometry's performing services under this Agreement. 5.Each party shall be liable for its own acts to the extent provided by law and shall not be responsible for the acts of the other party. 6. It is understood and agreed that the Customer's liability shall be limited.by the provisions of Minn.Stat.Chap.466. 7. Pictometry further agrees that in order to protect itself as well as Customer under the indemnity provisions set forth above,it will at all times during the term of this Agreement keep in force: Commercial General Liability Insurance Policy with minimum limits of$1,000,000 combined single limit(CSL),with coverage pertaining to premises operations. In the event Combined Single Limits Coverage is not secured by Pictometry,the following minimum limits apply: $2,000,000 Aggregate $2,000,000 Products and Completed Operations Aggregate $1,000,000 Personal Injury and Advertising Injury $1,000,000 Each Occurrence S 5,000 Medical Expense The policy should be written on an'occurrence'basis and not a'claims-trade'basis. Automobile Liability Insurance including owned,non-owned,and hired vehicles in an amount not less than$1,000,000 combined single limit(CSL)for total bodily injuries and/or damages arising from any ono accident. If automobiles arc not used,we must receive a letter from you stating this. Professional Liability Insurance(when required)in the minimum amount of$1,500,000 combined single limit(CSL).In the event Combined Single Limits Coverage is not secured by Pictometry,the following minimum limits apply: $3,000,000 Aggregate $1,000,000 per Wrongful Act or Occurrence Excess Umbrella Liability Policy in the-amount of$1,500,000 will be additionally required if any of the above policies have lower limits than stated. Pegs 16 of 21 Dakota County,MN—C184208 201743-23 DD-0001-20160318 • • Worker's Compensation Insurance. !'tIoY to tlie,dll`rr:dvc•Bite afthis Agreement.hntl'a.n enndi�tion precedent,Pt0tometry ll wifurnialt the(.ounty.with an original Cettiflcete a}'Igcprttncelistliig ttonal1 o umd in all covere,if orna;•crepi 1Vorl;er's C¢mpensadoll on d Pmfp slohnl I;i ilit). • S.All release of data,resulting from the parties performance under this Agreement shall be governed by Minnesota Data Practices, • Minn.Stat.Section 13.Upon a request for disclosures made pursuant to this act,Customer shall give Pictometry notice promptly enough to facilitate Pictometry taking legal action to prevent or limit disclosure pursuant to applicable laws. 9.Pursuant to Minn.Stat.Section 16C.05,subd.5,Pictometry agrees that Customer,the State Auditor,or any of their duly authorized representatives,upon ten days'notice to Pictometry,at a date and time mutually convenient for both parties shall have access to and the right to examine,audit,excerpt,and transcribe any books,documents,papers,records,et.,which are pertinent to the accounting practices and procedures of Pictometry and involve transactions relating to this Agreement. Pictometry agrees to maintain these• records for a period of six years from the date of termination of this Agreement. Any inspections conducted pursuant to this section will be at the Customer's expense. 10. Pictometry shall not enter into any subcontract for the performance of any services contemplated under this Agreement without the prior written approval of Customer and subject to such conditions and provisions as the Customer may deem necessary. Pictometry shall be responsible for the performance of all Subcontractors.No party may assignor transfer any rights or obligations under this Agreement without the prior consent of the other Parties,not to be unreasonably withheld,and a fully executed Assignment Agreement,executed and approved by the same parties who executed and approved this Agreement,or their successors. 11. During the performance of this Agreement,Pictometry agrees to the following.No person shall,on the grounds of race,color, religion,age,sex,disability,marital status,public assistance status,criminal record,creed or national origin be excluded from full employment rights in,participation in,be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws spinet discrimination. 12. Pictometry shall be solely responsible for the health and safety of its employees and subcontractor's employees in connection with the services performed in accordance with this Agreement.Pictometry shall ensure that all employees,including those of all subcontractors,have received training required to properly and safely perform services outlined in this Agreement. Such training is to include,but not be limited to,all applicable sections of the State and Federal Occupation,Safety and Health Administration(OSHA) laws,Superfand Amendments and Reauthorization Act(SARA),Comprehensive Environmental Response,Compensation and Liability Act(CERCLA),Uniform fire Code and/or any other applicable health and safety regulations.Upon the request of the County,Pictometry shall provide copies of any licenses and/or training records for Pictometry and/or Pictometry's employees or subcontractor's employees who perform services pursuant to this Agreement. 13. Anymutuallyagreedto material alteration,modification,or variation shall be reduced to writing n, ting ae an amendment and signed by the parties. 14, Ownership: Customer shall own the copy of the area wide mosaics delivered to it by Pictometry pursuant to this contract. Such area wide mosaics shall not constitute Delivered Content for purposes of this contract. As such,Customer is free to use,reproduce and redistribute copies of the area wide mosaics so delivered in any manner without any accounting to Pictometry. Pictometry shall own those copies of the area wide mosaics delivered pursuant to this contract that are in Pictometry's possession. As such Pictometry is free to use,reproduce and redistribute copies of the area wide mosaics delivered pursuant this contract in any manner without any accounting to Customer. Except for the copy of the area wide mosaics delivered to Customer by Pictometry pursuant to this contract, all imagery(including associated metadata)and software delivered or otherwise made available to Customer pursuant to this contract constitute Delivered Content or Pictomehy Software,as appropriate,and are and shall remain the exclusive property of Pictometry, subject to the rights of Customer to use the Delivered Content and the Pietometry Software pursuant to the licenses granted by Pictometry elsewhere in this contract. 15.Contractor Debarment,Suspension and Responsibility Certification:Federal Regulation 45 CRF 92.35 prohibits the State/Agency from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly,Minnesota Statutes,Section 16C.03,subd.2 provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to contract with the State/Agency. Vendors may be suspended or debarred when it is determined,through a duly authorized hearing process,that they have abused the public trust in a serious manner, By • Signing This Agreement,Pictometry� g l;� retry Certifies That It And Its Principals*And Employees: A.Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from transacting business by or with any federal,state or local governmental department or agency;and Poe trout Dakin.cow*ANN=C.154208 2017:0),23 p�j•i14D t:�il i 41t31Y B.Have not within a three-year period preceding this Agreement:1)been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain or performing a public(federal,state or local)transaction or contract;2)violated any federal or state antitrust statutes;or 3)committed embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements or receiving stolen property;and C.Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for:1)commission of a fraud or a criminal offense in connection with obtaining,attempting to obtain or performing a public(federal,state or local)transaction;2) violating any federal or state antitrust statutes;or 3)committing embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements or receiving stolen property;and D.Are not aware of any information and possess no knowledge that any subcontractor(s)that will perform work pursuant to this Contract are in violation of any of the certifications set firth above;and L.Shall immediately give written notice to the Contracting Officer should Pictometrycome under investigation for allegations of fraud or a criminal offense in connection with obtaining,or performing a public(federal,state or local government)transaction; violating any federal or state antitrust statutes;or committing embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements or receiving stolen property. *"Principals"for the purposes of this certification means officers;directors;owners;partners;end person having primary management or supervisory responsibilities within a business entity(e.g.general manager;plant manager;head of a subsidiary,division,or business segment and similar positions. 16.,Sun Angle: Pictometry may capture images when there are clouds above the altitude of the aircraft.Pictometry shall use commercially reasonable efforts to capture images with no full cloud obscuration or heavy cloud shadows(as determined by Pictometry). Our imaging window is defined at 25 degrees of sun elevation or greater.When that window is less than 4 hours,we will default to 2 hours before/2 hours after solar noon. 17.Leaf Cover and Ground Surface Snow: Pictometry will capture images when leaf cover is 30%or less and shall use commercially reasonable efforts to capture images when less than 5%of the ground surface is covered by snow.Minimal snow cover from residual snow stockpiles and along'fence and windrows is acceptable. Imo OF NON.SYANDMA°'rERMa AND COtOITt:r)%St 7'pgs.'I li'sir/I Dalwota County,MN—C184208 2017.03-23 DA-0001-20160318 Minneapolis-St Pau'-MN tARS'Y IA. 1-EVNE NC. WASHIVGTON II tri .r :' . .�� SFJ - . PIERCE �. .lam f -! 4:�..L- - L.' tt ,. i• i ?YsHCTA SCOT' , •,--;....•• t t4•c,t,.•^ —r—,— fek L. i" �' r - i A' - 'q: y ' I' GOOD!WC pICF Community Sectors:6 Neighborhood Sectors: 11 Pogo 20 of21 Dakota Caunty.MN—C184208 2017-03-23 DO-0001,20160316 iii4iAi , City of Farmington 430 Third Street Farmington, Minnesota 14646. 1 651.280.6800 -Fax 651.280.6899 .,, +dwww.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Approve ImageTrend Elite Product Upgrade Software Agreement-Human Resources DATE: May 1, 2017 INTRODUCTION The purpose of this memorandum is to provide information and request approval regarding the attached ImageTrend Elite product software licensing agreement. DISCUSSION ImageTrend software is designed specifically to support fire departments with record keeping and reporting utilizing a web based application accessible at any station or field operation with internet capability. This upgraded product provides a centralized system that is more user-friendly with which to track information, create various reports and maintain accurate records. This software upgrade provides for better and more efficient reporting on fire related activities which helps to meet the council's priority on service delivery. BUDGET IMPACT ImageTrend is not increasing their fees for this upgrade and include the annual support amount of$400.00 and the monthly hosting amount of$300.00 per month. These amounts are provided for in the 2017 budget. ACTION REQUESTED The action requested is to approve the ImageTrend Elite product upgrade software licensing agreement. ATTACHMENTS: Type Description D Backup Material ImageTrend Elite Product Software Agreement IMAGETREND ELITE PRODUCT UPGRADE SOFTWARE LICENSING AGREEMENT CONTRACT No.: 245789 BETWEEN FARMINGTON FIRE RESCUE 430 3R°STREET FARMINGTON, MN 55024 AND IMAGETREND, INC. 20855 KENSINGTON BLVD. IMAGETREND® OVERVIEW IMAGETREND is excited to release its new product platform, ImageTrend Elite. This platform will support the NEMSIS version 3 standard. As part of this release to the new product platform, IMAGETREND has renamed its product offerings as detailed below. Existing Product Name:.. New Product Name Fire Bridge ImageTrend Elite Fire The recurring fees that each CLIENT pays today will continue forward, however they will be established under the new product names. If CLIENT would like to consolidate the recurring fees, please contact IMAGETREND and we will work with you to complete this. ELITE PRODUCT UPGRADE AGREEMENT PERPETUAL USE LICENSE,IMAGETREND HOSTED SOLUTION This AGREEMENT(hereinafter referred to as this"Agreement") is made as of the date executed by the last of the parties named below: BETWEEN: IMAGETREND, INC., a Minnesota corporation (hereinafter"IMAGETREND") AND: FARMINGTON FIRE RESCUE(hereinafter"CLIENT"). The CLIENT and IMAGETREND mutually agree to the following between Farmington Fire Rescue and ImageTrend, Inc. for Software Licensing Agreement, 1. The purpose of this Agreement is for CLIENT to upgrade to ImageTrend's Elite Platform and receive the product(s)and module(s)as outlined in Exhibit B Pricing Agreement below. 2. This Agreement also includes the following: Exhibit A-Software Licensing Agreement, Exhibit C —ImageTrend Elite Upgrade Transition Process, Exhibit D—Service Level Agreement, Exhibit E HIPPA Business Associate Agreement, and Exhibit F—Tax Exemption Certification. 3. Product functionality has been reviewed and no customization is anticipated. Out of Scope customization is$175.00/hour and performed only under mutually agreed upon Statement of Work. 4. IMAGETREND strongly advises against live data entry by CLIENT until your IMAGETREND Representative authorizes you to do so. April 18,2017Apil 17,2017 www.lmaeetrend,com Page 1 2 WITNESS THE EXECUTION HEREOF on the day and year last written below. APPROVED AS: "FARMINGTON FIRE RESCUE" "IMAGETRE d " sy By: Ola r 11 / Name: /67c es r-. Name: : :;A cBrad Title: 7�e/c/ i'S��s-7 11111. Title; Pre et - Dated: y�1 ao/> Dated: 03/08/2017 II April 18,2017Apri117,2017 www.imagetrend.com Page 13 EXHIBIT A--SOFTWARE LICENSING AGREEMENT SECTION 1. DEFINITIONS. "Authorized personnel" means employees of CLIENT that use the Software in the scope of their employment, or CLIENT's contractors where the contractor's services must necessarily require access to the Software. Personnel who intend to: reverse engineer,disclose, or use or acquire for any purpose not in the scope of the personnel's employment or necessary for contractor services, any Confidential Information are not Authorized Personnel. "Confidential information"means the proprietary products and trade secrets of IMAGETREND and/or its suppliers, including, but not limited to, computer software, code,technical parameters, price lists, customer lists,designs, software documentations, manuals, models and account tables, and any and all information maintained or developed by CLIENT pursuant to this AGREEMENT which is deemed confidential under existing state and/or federal law. "Custom Development"means that CLIENT contracts IMAGETREND through a signed and accepted Statement of Work to customize the software. Each CLIENT shall have the non-exclusive license to utilize such software. Such software may then become a part of the core product and be distributed. Custom Development may require ongoing support and/or hosting and shall be subject to support and/or hosting fee increases. IMAGETREND maintains ownership of all Custom Development. "ePCR"means an Electronic Patient Care Report "ImageTrend Elite Data Marts" means the relational database(s)that contain an enhanced and simplified reporting-ready format of the transactional data collected within ImageTrend Elite.The Elite Data Marts are available for use with the ImageTrend Elite Reporting Tools. "ImageTrend Elite Reporting Tools" means the Transactional Report Writer,Visual Informatics, Analytical Chart Reporting Tool and Analytical Tabular Reporting Tool in the Software that are based on a set of Elite Data Marts. "Incident(s)"means an instance where the CLIENT sends a vehicle to a potential or actual patient. "Licensed Information"means any information pertaining to the Software which is owned by IMAGETREND and is licensed to CLIENT. Licensed Information includes such information as input form, user manuals and user documentation, interface format and input/output format,and any other materials pertaining to the Software. "Perpetual License"means an unlimited use of software without rights for resale. "Reference"means referral in the promotion of IMAGETREND'S software to other potential CLIENTS. "Run(s)"means an incident where the CLIENT sends a vehicle to a potential or actual patient. "Software"means the computer program(s)in machine readable object code form listed in Exhibit"B", including the executable processing programs comprising the various modules from the Software and the Licensed Information. April 18.2017Alari147,2017 www.imagetrend.com Page 14 "Statement of Work" means the technical document which outlines mutually agreed upon system specification for Custom Development and associated costs, payment terms and acceptance procedures. This document requires CLIENT acceptance and signature prior to beginning work. "Support" means interactive telephone and e-mail support, computer based online training, product upgrades and enhancements, along with defect corrections, delivered from IMAGETREND's offices. "Upgraded Version"means the Licensed Software and/or Licensed Information to which updates, enhancements, corrections, installations of patches or other changes have been made. The exterior form of the Updated Version is reflected by changes to the version numbers. SECTION 2. TERM OF AGREEMENT. The term of this AGREEMENT shall be one year(s)from signature date, subject to Section 13 of this AGREEMENT. This AGREEMENT shall be subject to automatic annual renewal unless terminated by either party as provided in Section 13, below. SECTION 3. GRANT OF LICENSE. A. NON-EXCLUSIVE USE LICENSE. In accordance with the terms and conditions hereof, IMAGETREND agrees to grant to CLIENT and CLIENT agrees to accept a non-transferable and non-exclusive perpetual use license of the Software. During the term of the AGREEMENT, the CLIENT shall have access to the Software,which will be installed on servers at the IMAGETREND hosting facility and subject to the Service Level Agreement attached as Exhibit D.CLIENT expressly acknowledges that all copies of the Software and/or Licensed Information in any form provided by IMAGETREND to CLIENT hereunder are the sole property of IMAGETREND and/or its suppliers, and that CLIENT shall not have any right, title, or interest to any such Software and/or Licensed Information or copies thereof except as provided in this AGREEMENT. B. IMAGETREND ELITE DATA MARTS NON-EXCLUSIVE USE LICENSE In accordance with the terms and conditions hereof, IMAGETREND agrees to grant the use of the ImageTrend Elite Data Marts only via ImageTrend Elite Reporting Tools as included and detailed in Exhibit B. This AGREEMENT does not give the CLIENT the rights to access and query the ImageTrend Elite Data Marts directly using SQL query tools, reporting tools, ETL tools, or any other tools or mechanisms. Direct access to ImageTrend Elite Data Marts is available via separately-priced product and service offerings from IMAGETREND. This Section 3.6, is subject to the Non-Exclusive Use License as covered in Section 3.A and terms of this AGREEMENT. C, PROTECTION OF SOFTWARE AND LICENSED INFORMATION. CLIENT agrees to respect and not to, nor permit any third-party to, remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on any of the Software or Licensed Information, and to reproduce and include the same on each authorized copy of the Software and Licensed Information. CLIENT shall not nor shall CLIENT permit any third-party to, copy or duplicate the Software or any part thereof except for the purposes of system backup,testing, maintenance,or recovery. CLIENT may duplicate the Licensed Information only for internal training, provided that all the names, trademark rights, product names, copyright statement, and other proprietary right statements of IMAGETREND are reserved. IMAGETREND reserves all rights which are not expressly granted to CLIENT in this AGREEMENT. I April 18,2017April 17,2017 www.imagetrend.com Page IS CLIENT shall not, nor shall CLIENT permit any third-party to, modify, reverse engineer, disassemble, or decompile the Software, or any portion thereof, and shall not use the software or portion thereof for purposes other than as intended and provided for in this AGREEMENT. D. DATA OWNERSHIP AND DATA PROTECTION. All CLI ENT data collected with IMAGETREND Software remains at all times the property of the CLIENT. IMAGETREND will not to use or make available any personally identifiable information other than for administering the CLIENT's account and collecting usage statistics in order to improve our products and services specifications. During the term of this AGREEMENT and after termination or expiration of this AGREEMENT, IMAGETREND will not in any way transfer to any third party or use in direct or indirect competition with the other party any information or data posted by CLIENT's and others on IMAGETREND's website and acknowledges that all such information is confidential. CLIENT shall have access to creative tools within the Elite Software platform. Use of these features is conditioned upon assignment to IMAGETREND of all copyrights in any work created within and using the Elite software platform, the terms of use for such creative tool features will prompt all users upon first use to agree to terms of use;those terms are hereby incorporated as part of this AGREEMENT and valid whether accepted before or after execution of this AGREEMENT. Please contact IMAGETREND for a copy of these terms prior to final acceptance of this AGREEMENT, if necessary. E. CLIENT DATA. Within thirty(30)days after the expiration of this AGREEMENT, the termination of this AGREEMENT, or IMAGETREND is no longer in business, IMAGETREND will deliver to the CLIENT its data, in machine readable format, on appropriate media, at the CLIENT's option. If the CLIENT wants the data to be delivered in a medium other than tape or CD, IMAGETREND shall do its best to accommodate the CLIENT, provided the CLIENT shall provide the medium on which the data is to be provided and shall pay for any additional cost incurred by IMAGETREND in accommodating this request. SECTION 4. SOFTWARE ABSTRACT. A. The IMAGETREND Elite contains and stores the data elements of an emergency medical database, including data schema and values that may originate from traditional computer aided dispatch (CAD) sources and data values that may be used in billing from pre-hospital patient care. The emergency medical database may contain certain vehicle transport information but does not contain data elements and/or values specific to the vehicle path tracking such as automatic vehicle location (AVL) or third party AVL integrations. The emergency medical database does support integrations to third party CAD and billing solutions. The emergency medical database does not support any AVL, CAD or billing functions executed directly from the database. CLIENT shall not use IMAGETREND Software to integrate patient information from a clinical encounter associated with a patient incident requiring emergency medical care by the emergency transport crew with flight information relating to an emergency transport crew dispatch to produce an encounter record indicative of the patient's clinical encounter. B. The IMAGETREND Elite contains and stores the data elements of an emergency medical database as defined, described and mandated by the National EMS Information System (NEMSIS). The dataset was adopted by IMAGETREND for State and local regulatory authorities as required by NEMSIS. The NEMSIS data schema and elements are the sole work of the NEMSIS organization in conjunction with the National Highway Traffic Safety Administration (NHTSA). The NEMSIS dataset contains data elements and data structures originating and April 18,2017Ap4447,2017 www.imagetrend.com Page 16 potentially owned by a number of nonprofit third party organizations and government agencies such as the World Health Organization (ICD 9 and ICD 10), International Health Terminology Standards Development Organization (SNOMED), U.S Department of the Interior and U.S. Geological Survey (GNiS), National Institute of Standards and Technology (FIPS), Health Level Seven International (HL7), Joint APCO/NENA Data Standardization Working Group (AACN). The NEMSIS dataset offers customer driven extensibility that allows the end user to extend and define the dataset at their own discretion. SECTION 5. SERVICES PROVIDED BY IMAGETREND. A. SUPPLY OF SOFTWARE AND LICENSED INFORMATION. IMAGETREND shall provide CLIENT software and services as detailed in Exhibit B. B. MODIFICATIONS, IMPROVEMENTS AND ENHANCEMENTS. During the terms of this AGREEMENT and any extensions under Section 2, IMAGETREND will provide CLIENT with error corrections, bug fixes, patches or other updates to the Software in object code form,to the extent available in accordance with IMAGETREND's release schedule. If CLIENT desires to add new functions or make enhancements to the Software,CLIENT must, for additional consideration, negotiate with IMAGETREND to develop new functions or improvements to the existing Software.All such error corrections, bug fixes, patches, updates, or other improvements or modifications shall be the sole property of IMAGETREND. C. INSTALLATION, INTRODUCTORY TRAINING AND DEBUGGING. 1. IMAGETREND shall provide CLIENT with start-up services such as the installation and introductory training relating to the Software, and, if necessary, initial debugging services. 2. "Train-the-trainer"training for administrators as detailed in Exhibit B.Additionally, online training videos and user guides in electronic format will be made available. 3. Introductory training relating to the Software as detailed in Exhibit B. The parties may enter into a supplemental written AGREEMENT in the event CLIENT desires that IMAGETREND • provide additional training. SECTION 6. MAINTENANCE AND SUPPORT. A. Application use support as detailed in Service Level Agreement Exhibit D. B. Server hosting environment is monitored and supported 24/7. Emergency support information is available on the IMAGETREND Support site for emergency purposes. Non-emergency related contact may be charged to the CLIENT. C. Maintenance of IMAGETREND software, which includes scheduled updates and new releases, as well as defect correction as needed, is included. Specific out-of-scope system enhancement requests will be reviewed with the CLIENT and subject to approval if additional charges are necessary. SECTION 7. FEES. A. Except as otherwise provided in this AGREEMENT, IMAGETREND shall offer the Products and the Services at the prices set forth on Exhibit B. 1. IMAGETREND will perform price increases of the recurring fees.The first price increase will occur with the fees due for Year 3.These price increases will occur once every year and may not exceed 3%of the price then currently in effect. B. The fees for this contract are as detailed in the attached Exhibit B. April 18,2017Apfil 17,2017 www.imagetrend.corrt Page 17 C, At any time during this AGREEMENT,the CLIENT may contract with IMAGETREND for additional software and services not covered in this AGREEMENT with fees to be negotiated on an item-by-item basis. The CLIENT may contract Custom Development by IMAGETREND for additional fees as outlined and agreed to in a signed and accepted Statement of Work. D. If there is a delay in acceptance on the remaining items for longer than 60 days, IMAGETREND has the option to invoice the remaining balance on any or all of the open items for Year 1 and begin the Recurring Fees schedule. SECTION 8. PROTECTION AND CONFIDENTIALITY, A. ACKNOWLEDGEMENT. CLIENT hereby acknowledges and agrees that the Software and Licensed Information provided hereunder constitute and contain valuable proprietary products and trade secrets of IMAGETREND and/or its suppliers, embodying substantial creative efforts and confidential information, ideas and expressions.Accordingly, CLIENT agrees to treat(and take precautions to ensure that its authorized personnel treat)the Software and Licensed Information as confidential in accordance with the confidentiality requirements and conditions set forth below. CLIENT acknowledges and agrees that CLIENT shall not permit any non-Authorized User from accessing the Software made available to the CLIENT. B, MAINTENANCE OF CONFIDENTIAL INFORMATION. Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own(at all times exercising at least a reasonable degree of care in the protection of confidential information);provided, however, that the provisions of this Section 8 shall not apply to information which: (i) is in the public domain; (ii) has been acquired by CLIENT by normal means upon the disclosure of the information by IMAGETREND; (iii)is duly obtained by CLIENT directly or indirectly from a third party who has independently developed the information and is entitled to disclose the information to CLIENT, and such disclosure does not directly or indirectly violate the confidentiality obligation of such third party; or(iv)becomes known publicly,without fault on the part of CLIENT, subsequent to the receipt of the information by CLIENT. C. SURVIVAL. This Section 8 shall survive the termination of this AGREEMENT or of any license granted under this AGREEMENT. SECTION 9. WARRANTIES. A. PERFORMANCE. IMAGETREND warrants that the Software will conform to the specifications as set forth in the Licensed Information. However,this warranty shall be revoked in the event that any person other than IMAGETREND and its agents make any unauthorized amendment or change to the Software in any manner. B. OWNERSHIP. IMAGETREND represents that it is the owner of the entire right,title, and interests in and to the Software, and that it has the sole right to grant licenses thereunder, and that it has not knowingly granted licenses thereunder to any other entity that would restrict rights granted hereunder to CLIENT. 1 April 18,2017Apri4-17,201-7 www,imagetrend.corn Page 18 C. LIMITATIONS ON WARRANTY. All of IMAGETREND's obligations under this Section 9 shall be contingent on CLIENT's use of the Software in accordance with this AGREEMENT and in accordance with IMAGETREND's instructions as provided by IMAGETREND in the Licensed Information, and as such instructions may be amended,supplemented, or modified by IMAGETREND from time to time. IMAGETREND shall have no warranty obligations with respect to any failures of the Software which are the result of accident, abuse, misapplication, extreme power surge or extreme electromagnetic field. The express warranties provided herein are the only warranties made by IMAGETREND with respect to the Software and supersede all other express or implied warranties, including, but not limited to, any warranties of merchantability and warranties for any special purpose. SECTION 10. LIMITATION OF LIABILITY. Unless otherwise provided in this Section 10, CLIENTS exclusive remedy for any damages or losses arising out of IMAGETREND's breach of warranties shall be, at IMAGETREND's option, either(i) immediate release from the AGREEMENT;or(ii)repair of the Software. SECTION 11. INDEMNIFICATION. A. INDEMNITY IMAGETREND(which includes its agents, employees and subcontractors, if any)agrees to indemnify CLIENT, as well as any agents thereof from all damages,judgments, loss and expenses, but not including consequential or incidental damages arising out of: (i) any personal injuries, property damage, or death that CLIENT may sustain while using IMAGETREND's, as well as any agents thereof, controlled property or equipment in the performance of this AGREEMENT;or (ii) any personal injury or death which results or increases by any action taken to medically treat CLIENT agents, employees and subcontractors; or (iii) any personal injury, property damage or death that CLIENT may sustain from any claim or action brought against CLIENT, as well as any agents thereof arising out of the negligence or recklessness of IMAGETREND in the performance of this AGREEMENT, Except for the foregoing claims, CLIENT, as well as any agents thereof agrees to indemnify, defend, and hold harmless IMAGETREND from all claims, lawsuits,damages,judgments, loss, liability, or expenses, arising out of any claim or action brought against IMAGETREND arising out of the negligence or recklessness of CLIENT, as well as any agents thereof in the performance of this AGREEMENT. B. ENTIRE LIABILITY SECTION 11 (A)ABOVE STATES THE PARTIES ENTIRE LIABILITY THE PARTIES SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OF INDEMNIFICATION. SECTION 9 OF THIS AGREEMENT STATES THE FULL EXTENT OF IMAGETREND'S WARRANTY AND SECTION 11(A)PROVIDES NO ADDITIONAL WARRANTY OF ANY KIND.ANY OTHER WARRANTY, EXPRESS OR IMPLIED OUTSIDE OF THIS AGREEMENT, INCLUDING THOSE ARISING OUT OF THE UNIFORM COMMERCIAL CODE,ARE WAIVED. SECTION 12. INSURANCE REQUIREMENTS. IMAGETREND will provide standard insurance coverage as detailed in a Certificate of Insurance, if requested. April 18,2017April 17,2017 www.lmagetrend.com Page 19 SECTION 13.TERMINATION. A. TERMINATION WITHOUT CAUSE. Following the expiration of the original term of this AGREEMENT, either party shall have the right to terminate this AGREEMENT,without cause, by giving not less than sixty(60)days written notice of termination. B. CUSTOM DEVELOPMENT TERMINATION Either party shall have the right to terminate any Custom Development portion(s) of this AGREEMENT,without cause, by giving not less than thirty(30)days written notice of termination. C. TERMINATION FOR CAUSE. This AGREEMENT may be terminated by the non-defaulting party by giving not less than thirty (30)days written notice of termination if any of the following events of default occur: (i)if a party materially fails to perform or comply with this AGREEMENT or any provision hereof;(ii)if either . party fails to strictly comply with the provisions of Section 8 , above, or makes an assignment in violation of Section 15, below; (iii)if a party becomes insolvent or admits in writing its inability to pay its debts as they mature,or makes an assignment for the benefit of creditors; (iv)if a petition under any foreign,state, or United States bankruptcy act, receivership statute, or the like, as they now exist, or as they may be amended from time to time, is filed by a party; or(v) if such a petition is filed by any third party, or an application for a receiver is made by anyone and such petition or application is not resolved favorably within ninety(90)days. SECTION 14. COOPERATIVE USE Public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the CLIENT are eligible to participate in any subsequent Agreement.The parties agree that these lists are subject to change. Any such usage by other municipalities and government agencies must be in accord with the ordinance,charter, rules and regulations of the respective political entity and with applicable State and Federal laws. Any orders placed to,or services required from IMAGETREND will be requested by each participating agency. Payment for purchases made under this Agreement will be the sole responsibility of each participating agency. The CLIENT shall not be responsible for any disputes arising out of transactions made by others. IMAGETREND shall be responsible for correctly administering this Agreement in accordance with all terms, conditions, requirements, and approved pricing to any eligible procurement unit. SECTION 15. NONASSIGNABILITY. CLIENT shall not assign this AGREEMENT or its rights hereunder without the prior written consent of IMAGETREND. SECTION 16. GOVERNING LAW. The parties agree that the law governing this AGREEMENT shall be that of the State of Minnesota without regard to its conflict of laws principles. SECTION 17. COMPLIANCE WITH LAWS. IMAGETREND shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. SECTION 18. WAIVER. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this AGREEMENT or of any subsequent default or breach of the same or a different kind. I April 18,2017Aprt147,201-7 www.imagetrend.cam Page 110 SECTION 19. NOTICES. All notices and other communications required or permitted to be given under this AGREEMENT shall be in writing and shall be personally served or mailed, postage prepaid and addressed to the respective parties as follows: TO CLIENT: Farmington Fire Rescue 430 3`d Street Farmington, MN 55024 ATTENTION:James L. Larsen TO IMAGETREND: ImageTrend, Inc. 20855 Kensington Blvd. Lakeville, MN 55044 ATTENTION: Mike McBrady Notice shall be deemed effective on the date personally delivered or,if mailed, three(3)days after deposit in the mail. SECTION 20. FORCE MAJEURE. Neither party shall be liable in damages or have the right to terminate this AGREEMENT for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God,Government restrictions(including the denial or cancellation of any export or other necessary license),wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance Is affected. SECTION 21. ARBITRATION. Any dispute between IMAGETREND and CLIENT under this AGREEMENT shall be resolved by arbitration by an arbitrator selected under the rules of the American Arbitration Association(MINNESOTA) and the arbitration shall be conducted in that same location under the rules of said Association. If an arbitrator cannot be agreed upon by the parties, IMAGETREND and CLIENT shall each choose an arbitrator, and those two chosen arbitrators shall choose a third arbitrator, who shall preside over any dispute. IMAGETREND and CLIENT shall each be entitled to present evidence and argument to the arbitrator. The arbitrator shall have the right only to interpret and apply the provisions of this AGREEMENT and may not change any of its provisions. The arbitrator shall permit reasonable pre- hearing discovery of facts, to the extent necessary to establish a claim or a defense to a claim,subject to supervision by the arbitrator. The determination of the arbitrator shall be conclusive, final and binding upon the parties and judgment upon the same may be entered in any Minnesota court having jurisdiction thereof. The arbitrator shall give written notice to the parties stating his determination, and shall furnish to each party a signed copy of such determination. IMAGETREND and CLIENT shall equally share the cost of the arbitrator(s)fees. The arbitrator may award reasonable costs and expenses, including reasonable attorney fees, to the prevailing party. SECTION 22. INTERPRETATION. This AGREEMENT has been negotiated between persons sophisticated and knowledgeable in the matters dealt with in this AGREEMENT. Each party further acknowledges that it has not been influenced I April 18,2017Apri117,2017 www.imaeetrend.com Page 111 to any extent whatsoever in executing this AGREEMENT by any other party hereto or by any person representing it, or both. Accordingly, any rule or law or legal decision that would require interpretation of any ambiguities in this AGREEMENT against the party that has drafted it is not applicable and is waived. The provisions of this AGREEMENT shall be interpreted in a reasonable manner to effect the purpose of the parties and this AGREEMENT. SECTION 23. SIGNATOR'S WARRANTY AND ACCEPTANCE BY PERFORMANCE. Each party warrants to each other party that he or she is fully authorized and competent to enter into this AGREEMENT, in the capacity indicated by his or her signature and agrees to be bound by this AGREEMENT. CLIENT understands and agrees that if CLIENT accepts any Software,goods,or services from IMAGETREND prior to IMAGETREND receiving a final, mutually signed copy of this AGREEMENT, that CLIENT has accepted this AGREEMENT and all of its terms and conditions. SECTION 24. PRIOR AGREEMENTS AND AMENDMENTS. This AGREEMENT, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This AGREEMENT may only be modified by a written amendment duly executed by the parties to this AGREEMENT. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] April 18,2017ApFil--1-7;-2O47 www.lmagetrend.com Page 112 EXHIBIT B—PRICING AGREEMENT Each client will get an included number of Project Management hours as identified below.Any additional hours may be purchased at the rates listed below. IMAGETREND will utilize a multi-faceted implementation process to best fit the needs of the CLIENT and availability of system functionality. This process will include one-on-one phone/virtual correspondences with implementation staff, live webinar trainings and supplemental educational curriculum such as training documents,quick guides and pre-recorded trainings. RECURRING FEES PRICING AGREEMENT =Des' 'o' C is n,N;., M Elite ImageTrend Elite Platform Upgrade 1 Included Included ImageTrend Elite EMS Upgrade Implementation Package 1 Included Included 1-10,000 annual EMS incidents:Project Management hours include 4 hours with an Implementation staff member 1 Included included ImageTrend Elite Fire Annual Hosting (previously known as Fire Bridge-invoiced monthly as contracted) 12 $300.00 $3,600.00 ImageTrend Elite Fire Annual Support (previously known as Fire Bridge-invoiced annually as contracted) 1 $400.00 $400.00 ImageTrend Elite Field Site License Upgrade 1 Included Included Initial Description Units Price Extended _AdditiontlalO tinalems Upgrade to Hospital Hub Setup and Access(previously known as Hospital Dashboard) Number of Hospitals Included:5. TBD Upgrade to Hospital Hub Annual Support(previously known as Hospital Dashboard) TBD Visual Informatics—Analytics(EMS Cube) TBD Visual Informatics—Analytics(EMS Cube)—Annual Support TBD Visual Informatics—Analytics (Fire Cube) TBD Visual Informatics—Analytics(Fire Cube)—Annual Support TBD Project Management hours-block of 2 hours(Billed at IMAGETREND's standard rate of$125.00/hour) $250.00 Onsite Training Sessions(Billed at IMAGETREND's standard rate of$1,000/day, 1 Trainer) Y $1,000.00 Onsite Training Travel per Trainer(Billed at IMAGETREND's standard rate of$1,750/day, 1 Trainer) $1,750.00 Custom Development requires separate Statement of Work— (Billed at IMAGETREND's standard rate of$175.00/hour) $175.00 *The CLIENT may elect to purchase additional services as set forth in the options identified above at any time during the contract term.The CLIENT shall exercise said options by written notice to IMAGETREND. The prices above are valid for one year from contract signature. Payment Terms: April 18,2017April 17,2017 www.imagetrend.com Page 113 a. Payment Terms are net 30 days and based upon the existing invoice arrangement b. The recurring Annual Fees will be billed annually in advance. c. CLIENT agrees IMAGETREND may, in IMAGETREND's discretion, cease to provide access, hosting,support or otherwise disable the Software listed in Exhibit B due to CLIENT's breach of contract, overdue payments,or missed payments. d. CLIENT agrees IMAGETREND may charge to CLIENT a late fee of 1.5% per month, or the highest rate allowed under the law, whichever is lower, on any overdue amounts. CLIENT also agrees IMAGETREND may charge to CLIENT all reasonable costs and expenses of collection, including attorneys'fees where, in IMAGETREND's discretion, payments are consistently deficient or late e. IMAGETREND will invoice sales tax to non-exempt CLIENTS where applicable. Pricing escalation factors: 1. IMAGETREND will perform price increases of the recurring fees.The first price increase will occur with the fees starting in 2017. These price increases will occur once every year and may not exceed 3%of the price then currently in effect. 2. All Annual SaaS Fees are based upon anticipated usage and are subject to an annual usage audit, which may affect future fees. 3. All hosting fees are based upon anticipated usage and includes 30 GB of Storage total.These fees are subject to annual usage audits, which may affect future fees at an increase of $15/10GB/month for Storage. I April 18,2017Apc1 O4-7 www.imaaetrend.corn Page 114 EXHIBIT C-IMAGETREND ELITE UPGRADE TRANSITION PROCESS This document outlines the Elite Upgrade Transition Process for IMAGETREND and the CLIENT. INCLUDED IMPLEMENTATION SERVICES The scope of this migration is to provide a seamless multi-faceted experience for the CLIENT. The CLIENT will receive all necessary documentation to support both the migration process with respective timelines and educational materials. This project is dependent on active collaboration and clear communications between both CLIENT and IMAGETREND. Implementation Services include: a) IMAGETREND will collaborate with the CLIENT to facilitate an effective implementation process including system usage, data migration, and training.A gap analysis will be conducted between CLIENT's existing NEMSIS v2.2.1 database and IMAGETREND's Elite development roadmap to best assess feasibility of migration, timeline expectations, risk management and fostering transparency of communication between IMAGETREND and the CLIENT. b) IMAGETREND will utilize a multi-faceted implementation process to best fit the needs of the CLIENT and availability of system functionality.This process will include one-on-one phone/virtual correspondences with implementation staff, live webinar trainings and supplemental educational curriculum such as training documents,quick guides and pre-recorded trainings. c) IMAGETREND will provide migration of select demographic and resource data from NEMSIS v2.2.1 to the NEMSIS v3 product platform. d) IMAGETREND will provide reporting capabilities for NEMSIS v2.2.1 and NEMSIS v3, including canned reports that will be available for NEMSIS v3 e) Any existing Ad Hoc Reports will need to be recreated by the CLIENT for NEMSIS v3. f) Standard integrations which have annual support fees will be covered under the support agreement. IMAGETREND will work with the CLIENT to determine the schedule and timeline of each integration. g) Any additional training for the Elite upgrade can be contracted separately. ADDITIONAL IMPLEMENTATION SERVICES TO BE PERFORMED BY CLIENT IMAGETREND will provide migration of select demographic and resource data from NEMSIS v2.2.1 to the NEMSIS v3 product platform.The following list provides a sample of key set up items needed to be performed by the CLIENT: • Run Form templates ■ Report Writer—Adhoc Reports • Data Element Manager • Active Protocols R Data Element mappings(i.e. billing integrations) ■ Auto-Narrative • Validation Rules • CMS Billing Calculation Rules • PDF Reports • Medications/Procedures By Certification • Power Tools Level PROJECT COMPLETION The Elite Upgrade Transition Process is considered complete once CLIENT is collecting live NEMSIS v3 data and IMAGETREND provides the Acceptance Form for CLIENT signature. Upon completion, the CLIENT will be transferred to IMAGETREND's Support Team for any additional needs and will receive communications of newly released functionalities as they are available. 1 April 18,2017Apri117,2017 www.lmagetrend,com Page 115 EXHIBIT D-SERVICE LEVEL AGREEMENT PERPETUAL USE LICENSE, IMAGETREND HOSTED SOLUTION VERSION 4.0 This agreement exists for the purpose of creating an understanding between IMAGETREND and CLIENT who elect to host the application on IMAGETREND's servers. It is part of our guarantee for exceptional service levels for as long as the system annual support fee is contracted. The Licensed IMAGETREND Hosted Solution Service Level Agreement guarantees your web application's availability, reliability and performance. This Service Level Agreement (SLA) applies to any site or application hosted on our network as contracted. 1. Hosting at the ImageTrend's Datacenter IMAGETREND's hosting environment provides 99.9% availability and is comprised of state-of-the- art Blade Servers and SAN storage that are configured with the no single point of failure through software and infrastructure virtualization, blade enclosure redundancies and backup storage policies. Our Compellent SAN has a fiber channel backend, currently hosts 8TB of storage, has dual storage controllers with redundant power supplies and redundant paths to disk, and hot swappable drives.We do offsite replication to disk on a second SAN. Scheduled maintenance and upgrades do not apply to the system availability calculation and all CLIENTs are properly notified of such scheduled occurrences to minimize accessibility interruptions. Hardware IMAGETREND server hardware is configured to prevent data loss due to hardware failure and utilize the following to ensure a quick recovery from any hardware related problems. • Independent Application and Database Servers o Microsoft SQL Server 2012 o Microsoft Windows Server 2012 • Redundant Power Supplies • Off-Site Idle Emergency Backup Servers(optional) • Sonicwall VPN Firewall • Redundant Disk configuration • Disk Space allocation and Bandwidth as contracted Physical Facility The IMAGETREND hosting facilities are located in downtown Minneapolis and Chicago with every industry standard requirement for hosting not only being met, but exceeded. Requirements such as power supply and power conditioning, normal and peak bandwidth capacity, security and fail over locations are all part of an overall strategy to provide the most reliable hosting facility possible. • Redundant, high-speed Internet connections over fiber optics. • Power protection via an in-line 80kVa UPS with a 150 KW backup diesel generator • Temperature controlled • Waterless Fire Protection and Clean agent fire suppression • Secured site access • Steel Vault Doors • 21"concrete walls and ceiling April 18,2017A441-17,20U www.lmagetrend.com Page 116 Data Integrity IMAGETREND applications are backed up daily allowing for complete recovery of data to the most recent backup: • Daily Scheduled Database and Application Backups. • Daily Scheduled backup Success/Failure notification to IMAGETREND staff 2. Application and Hosting Support IMAGETREND provides ongoing support as contracted for their applications and hosting services, including infrastructure.This includes continued attention to product performance and general maintenance needed to ensure application availability. Support includes technical diagnosis and fixes of technology issues involving IMAGETREND software. IMAGETREND has a broad range of technical support services available in the areas of: • Web Application Hosting and Support • Subject Matter Expert Application Usage Support • Web Application Development/Enhancement • Database Administration/Support • Project Management • Systems Engineering/Architecture IMAGETREND offers multi-level technical support, based on level-two user support by accommodating both the general inquiries of the administrators and those of the system users, We will give the administrators the ability to field support for the system as the first level of contact while providing them the option to refer inquiries directly to IMAGETREND. IMAGETREND's Support Team is available Monday through Friday from 7:00 am to 6:00 pm CST via the Support Suite, email or telephone. Support Suite:www.imagetrend.com/support Email: support@imagetrend.com Toll Free: 1-888-730-3255 Ph one: 952-469-1589 Online Support IMAGETREND offers an online support system which incorporates around-the-clock incident reporting of all submitted tickets to IMAGETREND's application support specialists. Once a CLIENT submits a support ticket, he or she can track the progress with a secure login to the support application.The system promotes speedy resolution by offering keyword-based self-help services and articles in the knowledgebase, should CLIENTS wish to bypass traditional support services.Ticket tracking further enhances the efforts of Support Desk personnel by allowing IMAGETREND to identify patterns which can then be utilized for improvements in production, documentation, education and frequently asked questions to populate the knowledgebase. The support ticket tracking system ensures efficient workflow for the support desk specialists while keeping users informed of their incident's status. Support patterns can be referenced to populate additional knowledgebase articles. Incident Reporting Malfunctions IMAGETREND takes all efforts to correct malfunctions that are documented and reported by the CLIENT. 1MAGETREND acknowledges receipt of a malfunction report from a CLIENT and acknowledges the disposition and possible resolution thereof according to the chart below. April 18,2017Apri117,2017 www.ImaQetrend.com Page 117 Action Expectation: Anticipated Error._. resolution:: `.:: notification after IMAGETREND.'.`: Motificat ion::. Return Call to::.., Acknowledgement::. Licensee of. .. IMAGETREND Return Call Notification.:::::. :........ .: : . .. :.: ..• to Licensee after initial Acknowled e ment Severity Level: Examples of 1 nOtificatlon of an Error: of an error. High/Site Down -Complete shutdown or partial shutdown Within one(1)hour of initial Six hours of one or more Software functions notification during business -Access to one or more Software hours or via functions not available support.imagetrend.com -Major subset of Software application impacted Medium -Minor subsystem failure Within four(4)hours of initial 24 Business hours -Data entry or access impaired on a notification limited basis—usually can be delegated to local client contact as a first level or response for resolution—usually user error(i.e.training)or forgotten passwords Low -System operational with minor issues; Same day or next business Future Release suggested enhancements as mutually day of initial notification agreed upon—typically covered in a future release as mutually agreed upon. Service Requests(enhancements) Any service requests that are deemed to be product enhancements are detailed and presented to the development staff, where the assessment is made as to whether these should be added to the future product releases and with a priority rating. If an enhancement request is specific to one CLIENT and deemed to be outside of the original scope of the product, then a change order is written and presented to the CLIENT. These requests are subject to our standard rates and mutual agreement. CLIENTS review and approve the scope,specification and cost before work is started to ensure goals are properly communicated. Product release management is handled by IMAGETREND using standard development tools and methodologies.Work items including, tasks, issues, and scenarios are all captured within the system. Releases are based on one or more iterations during a schedule development phase. This includes by not limited to:development, architecture, testing, documentation, builds, test and use cases, Submissions of issues or requests are documented within our Product Management system and from there workflow is created to track the path from initial request to resolution. Out of Scope CLIENT may contract with IMAGETREND for Out of Scope services. This will require a separate Statement of Work and will be billed at IMAGETREND's standard hourly rate. Maintenance and Upgrades System/product maintenance and upgrades, if applicable, are included in the ongoing support and warranty as contracted. These ensure continued attention to product performance and general maintenance. Scheduled product upgrades include enhancements and minor and major product changes. Customers are notified in advance of scheduled maintenance, It is the CLIENT's responsibility to accept all offered updates and upgrades to the system. If the CLIENT does not accept these, CLIENT should be advised that IMAGETREND, at its discretion, may offer limited support for previous versions. All code releases also maintain the integrity of any CLIENT specific configurations (i.e. templates, addresses, staff information, active protocols, etc.) that have been implemented either by IMAGETREND's implementation staff or the CLIENT's administrative staff. 1 April 18,2017April 17,2017, www.imacletrend.com Page 118 Escalation Our support staff is committed to resolving your issues as fast as possible. If they cannot resolve your issue, they will identify the course of action that they will be taking and indicate when an answer will be available. They in turn will seek assistance from the designated developer. The next level of escalation goes to the Project Manager, who also addresses all operational issues on an ongoing basis and reviews the issue log regularly to assess product performance and service levels. Senior Management will handle issues requiring further discussion and resolution. Any issues to be determined to be of a critical nature are immediately escalated accordingly. April 18,2017Aprii 17,204 www.imagetrend.com Page 119 EXHIBIT E -HIPAA BUSINESS ASSOCIATE AGREEMENT BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement("Agreement")dated 2 ? / ,201 7 (the "Effective Date"), is entered into by and between Farmington Fire4tliscue,a Minnesota corporation(the "Covered Entity")and ImageTrend, Inc. a Minnesota corporation(the"Business Associate"). WHEREAS,Covered Entity and Business Associate have entered into,or are entering into,or may subsequently enter into,agreements or other documented arrangements(collectively,the"Business Arrangements")pursuant to which Business Associate may provide products and/or services for Covered Entity that require Business Associate to access, create and use health information that is protected by state and/or federal law;and WHEREAS, pursuant to the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996("HIPAA"), the U.S. Department of Health &Human Services ("HHS") promulgated the Standards for Privacy of Individually Identifiable Health Information (the"Privacy Standards"),at 45 C.F.R. Parts 160 and 164, requiring certain individuals and entities subject to the Privacy Standards(each a"Covered Entity", or collectively, "Covered Entities")to protect the privacy of certain individually identifiable health information ("Protected Health Information",or"PHI");and WHEREAS, pursuant to HIPAA, HHS has issued the Security Standards(the"Security Standards"),at 45 C.F.R. Parts 160, 162 and 164, for the protection of electronic protected health information("EPHI"); and WHEREAS, in order to protect the privacy and security of PHI, including EPHI, created or maintained by or on behalf of the Covered Entity, the Privacy Standards and Security Standards require a Covered Entity to enter into a"business associate agreement"with certain individuals and entities providing services for or on behalf of the Covered Entity if such services require the use or disclosure of PHI or EPHI; and WHEREAS, on February 17,2009, the federal Health Information Technology for Economic and Clinical Health Act was signed into law(the"HITECH Act"), and the HITECH Act imposes certain privacy and security obligations on Covered Entities in addition to the obligations created by the Privacy Standards and Security Standards; and WHEREAS, the HITECH Act revises many of the requirements of the Privacy Standards and Security Standards concerning the confidentiality of PHI and EPHI, including extending certain HIPAA and HITECH Act requirements directly to business associates; and WHEREAS, Business Associate and Covered Entity desire to enter into this Business Associate Agreement; NOW THEREFORE,in consideration of the mutual promises set forth in this Agreement and the Business Arrangements, and other good and valuable consideration, the sufficiency and receipt of which are hereby severally acknowledged, the parties agree as follows: April 18,2017Aprii 17,2017 www.lmaaetrend.com Page 120 1, Business Associate Obligations. Business Associate may receive from Covered Entity, or create or receive on behalf of Covered Entity, health information that is protected under applicable state and/or federal law, including without limitation, PHI and EPHI.All capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in the Privacy Standards, Security Standards or the HITECH Act,as applicable(collectively referred to hereinafter as the"Confidentiality Requirements"). All references to PHI herein shall be construed to include EPHI. Business Associate agrees not to use or disclose(or permit the use or disclosure of) PHI in a manner that would violate the Confidentiality Requirements if the PHI were used or disclosed by Covered Entity in the same manner. 2, Use of PHI. Except as otherwise required by law, Business Associate shall use PHI in compliance with 45 C.F.R. § 164.504(e). Furthermore, Business Associate shall use PHI (i)solely for Covered Entity's benefit and only for the purpose of performing services for Covered Entity as such services are defined in Business Arrangements,and(ii)as necessary for the proper management and administration of the Business Associate or to carry out its legal responsibilities, provided that such uses are permitted under federal and state law. Covered Entity shall retain all rights in the PHi not granted herein. Use,creation and disclosure of de-identified health information by Business Associate are not permitted unless expressly authorized in writing by Covered Entity. 3. Disclosure of PHI. Subject to any limitations in this Agreement, Business Associate may disclose PHI to any third party persons or entities as necessary to perform its obligations under the Business Arrangement and as permitted or required by applicable federal or state law. Further, Business Associate may disclose PHI for the proper management and administration of the Business Associate, provided that(i) such disclosures are required by law, or(ii) Business Associate: (a) obtains reasonable assurances from any third party to whom the information is disclosed that it will be held confidential and further used and disclosed only as required by law or for the purpose for which it was disclosed to the third party; (b) requires the third party to agree to immediately notify Business Associate of any instances of which it is aware that PHI is being used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the Confidentiality Requirements. Additionally, Business Associate shall ensure that all disclosures of PHI by Business Associate and the third party comply with the principle of"minimum necessary use and disclosure,"i.e., only the minimum PHI that is necessary to accomplish the intended purpose may be disclosed; provided further, Business Associate shall comply with Section 13405(b)of the HITECH Act, and any regulations or guidance issued by HHS concerning such provision, regarding the minimum necessary standard and the use and disclosure(if applicable)of Limited Data Sets. If Business Associate discloses PHI received from Covered Entity,or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor(collectively,"Recipients"), Business Associate shall require Recipients to agree in writing to the same restrictions and conditions that apply to the Business Associate under this Agreement, Business Associate shall report to Covered Entity any use or disclosure of PHI not permitted by this Agreement, of which it becomes aware, such report to be made within three(3)business days of the Business Associate becoming aware of such use or disclosure, In addition to Business Associate's obligations under Section 9, Business Associate agrees to mitigate,to the extent practical and unless otherwise requested by Covered Entity in writing or as directed by or as a result of a request by Covered Entity to disclose to f{ Recipients, any harmful effect that is known to Business Associate and is the result of a use or disclosure of PHI by Business Associate or Recipients in violation of this Agreement. 4. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a Designated Record Set on behalf of Covered Entity, Business Associate shall (i)provide access to, and permit inspection and copying of, PHI by Covered Entity or,as directed by Covered Entity, an individual who is the subject of the PHI under conditions and limitations required under 45 CFR §164.524, as it may be amended from time to time, and (ii)amend PHI maintained by Business Associate as requested by Covered Entity, Business Associate shall respond to any request from Covered Entity for access by an individual within five(5)days of such request and shall make any amendment requested by Covered Entity within ten(10)days of such request. Any information requested under this Section 4 shall be provided in the form or format requested, if it is readily April 18,2017April 17,204-7 www.imaaetrend.com Page 121 producible in such form or format. Business Associate may charge a reasonable fee based upon the Business Associate's labor costs in responding to a request for electronic information (or a cost- based fee for the production of non-electronic media copies). Covered Entity shall determine whether a denial is appropriate or an exception applies. Business Associate shall notify Covered Entity within five(5) days of receipt of any request for access or amendment by an individual. Covered Entity shall determine whether to grant or deny any access or amendment requested by the individual. Business Associate shall have a process in place for requests for amendments and for appending such requests to the Designated Record Set, as requested by Covered Entity. 5. Accounting of Disclosures. Business Associate shall make available to Covered Entity in response to a request from an individual, information required for an accounting of disclosures of PHI with respect to the individual in accordance with 45 CFR§164.528, as amended by Section 13405(c)of the HITECH Act and any related regulations or guidance issued by HHS in accordance with such provision. Business Associate shall provide to Covered Entity such information necessary to provide an accounting within thirty(30)days of Covered Entity's request or such shorter time as may be required by state or federal law. Such accounting must be provided without cost to the individual or to Covered Entity if it is the first accounting requested by an individual within any twelve(12)month period. For subsequent accountings within a twelve(12) month period, Business Associate may charge a reasonable fee based upon the Business Associate's labor costs in responding to a request for electronic information(or a cost-based fee for the production of non-electronic media copies)so long as Business Associate informs the Covered Entity and the Covered Entity informs the individual in advance of the fee, and the individual is afforded an opportunity to withdraw or modify the request. Such accounting obligations shall survive termination of this Agreement and shall continue as long as Business Associate maintains PHI. 6. Withdrawal of Authorization. If the use or disclosure of PHI in this Agreement is based upon an individual's specific authorization for the use of his or her PHI, and (i)the individual revokes such authorization in writing, (ii)the effective date of such authorization has expired, or(iii) the consent or authorization is found to be defective in any manner that renders it invalid, Business Associate agrees, if it has notice of such revocation or invalidity, to cease the use and disclosure of any such individual's PHI except to the extent it has relied on such use or disclosure, or where an exception under the Confidentiality Requirements expressly applies. 7. Records and Audit. Business Associate shall make available to the U.S. Department of Health and Human Services or its agents, its internal practices, books,and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of Covered Entity for the purpose of determining Covered Entity's compliance with the Confidentiality Requirements or any other health oversight agency, in a time and manner designated by the Secretary. Except to the extent prohibited by law, Business Associate agrees to notify Covered Entity immediately upon receipt by Business Associate of any and all requests by or on behalf of any and all federal,state and local government authorities served upon Business Associate for PHI. 8. Implementation of Security Standards; Notice of Security Incidents. Business Associate will use appropriate safeguards to prevent the use or disclosure of PHI other than as expressly permitted under this Agreement. Business Associate will implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the PHI that it creates, receives, maintains or transmits on behalf of Covered Entity. Business Associate acknowledges that the HITECH Act requires Business Associate to comply with 45 C.F.R. §§ 164.308, 164.310, 164,312, 164.314, and 164.316 as if Business Associate were a Covered Entity, and Business Associate agrees to comply with these provisions of the Security Standards and all additional security provisions of the HITECH Act. Furthermore,to the extent feasible, Business Associate will use commercially reasonable efforts to ensure that the technology safeguards used by Business Associate to secure PHI will render such PHI unusable, unreadable and indecipherable to individuals unauthorized to acquire or otherwise have access to such PHI in accordance with HHS Guidance published at 74 Federal Register 19006(April 17,2009), or such later regulations or guidance promulgated by HHS or issued by the National Institute for Standards April 18,2017April 17,201-7 www.imagetrend.com Page 122 and Technology("NIST")concerning the protection of identifiable data such as PHI. Business Associate acknowledges and agrees that the HIPAA Omnibus Rule finalized January 25, 2013 at 78 Fed. Reg. 5566 requires Business Associate to comply with new and modified obligations imposed by that rule under 45 C.F.R. §164.306,45 C.F.R. § 164,308,45 C.F.R. § 163.310,45 C.F.R.§164.312, • 45 C.F.R. § 164.316,45 C.F.R.§ 164.502,45 C.F.R. § 164.504. Lastly, Business Associate will promptly report to Covered Entity any successful Security Incident of which it becomes aware. At the request of Covered Entity, Business Associate shall identify: the date of the Security incident, the scope of the Security incident,the Business Associate's response to the Security Incident and the identification of the party responsible for causing the Security Incident, if known. Business Associate and Covered Entity shall take reasonable measures to ensure the availability of all affirmative defenses under the HITECH Act, HIPAA, and other state and federal laws and regulations governing PHI and EPHI. 9. Data Breach Notification and Mitigation. a. HIPAA Data Breach Notification and Mitigation. Business Associate agrees to implement reasonable systems for the discovery and prompt reporting of any"breach"of"unsecured PHI"as those terms are defined by 45 C.F.R. §164.402(hereinafter a"H1PAA Breach"). The parties acknowledge and agree that 45 C.F.R. §164.404, as described below in this Section 9.1, governs the determination of the date of a H1PAA Breach. In the event of any conflict between this Section 9.1 and the Confidentiality Requirements, the more stringent requirements shall govern. Business Associate will, following the discovery of a HIPAA Breach, notify Covered Entity immediately and in no event later than three(3) business days after Business Associate discovers such HIPAA Breach, unless Business Associate is prevented from doing so by 45 C.F.R. §164.412 concerning law enforcement investigations. For purposes of reporting a HIPAA Breach to Covered Entity, the discovery of a HIPAA Breach shall occur as of the first day on which such H1PAA Breach is known to the Business Associate or, by exercising reasonable diligence,would have been known to the Business Associate. Business Associate will be considered to have had knowledge of a HIPAA Breach if the HiPAA Breach is known, or by exercising reasonable diligence would have been known, to any person(other than the person committing the HIPAA Breach)who is an employee, officer or other agent of the Business Associate. No later than seven(7) business days following a HIPAA Breach, Business Associate shall provide Covered Entity with sufficient information to permit Covered Entity to comply with the HIPAA Breach notification requirements set forth at 45 C.F.R. §164.400 et seg. Specifically, if the following information is known to(or can be reasonably obtained by)the Business Associate, Business Associate will provide Covered Entity with: (i)contact information for individuals who were or who may have been impacted by the HIPAA Breach (e.g.,first and last name, mailing address, street address, phone number, email address); (ii)a brief description of the circumstances of the HIPAA Breach, including the date of the HIPAA Breach and date of discovery; (iii)a description of the types of unsecured PHI involved in the HIPAA Breach(e.g., names,social security number, date of birth,address(es), account numbers of any type, disability codes, diagnostic and/or billing codes and similar information); (iv)a brief description of what the Business Associate has done or is doing to investigate the HIPAA Breach, mitigate harm to the individual impacted by the HIPAA Breach, and protect against future HIPAA Breaches; and(v)appoint a liaison and provide contact information for same so that the Covered Entity may ask questions or learn additional information concerning the HIPAA Breach. Following a HIPAA Breach, Business Associate will have a continuing duty to inform Covered Entity of new information learned by Business Associate regarding the HIPAA Breach, including but not limited to the information described in items(i)through (v),above, b. Data Breach Notification and Mitigation Under Other Laws. In addition to the requirements of Section 9.1, Business Associate agrees to implement reasonable systems for the discovery and prompt reporting of any breach of individually identifiable information (including but not limited to PHI, and referred to hereinafter as"Individually Identifiable Information")that, if misused, disclosed, lost or stolen, Covered Entity believes would trigger an obligation under I April 18,2017Apri}a-7,2017 www.imagetrend.com Page 123 one or more State data breach notification laws(each a"State Breach")to notify the individuals who are the subject of the information. Business Associate agrees that in the event any Individually Identifiable Information is lost, stolen, used or disclosed in violation of one or more State data breach notification laws, Business Associate shall promptly: (i) cooperate and assist Covered Entity with any investigation into any State Breach or alleged State Breach;(II)cooperate and assist Covered Entity with any investigation into any State Breach or alleged State Breach conducted by any State Attorney General or State Consumer Affairs Department(or their respective agents); (iii)comply with Covered Entity's determinations regarding Covered Entity's and Business Associate's obligations to mitigate to the extent practicable any potential harm to the individuals impacted by the State Breach;and (iv)assist with the implementation of any decision by Covered Entity or any State agency, including any State Attorney General or State Consumer Affairs Department(or their respective agents),to notify individuals impacted or potentially impacted by a State Breach. c. Breach Indemnification. Business Associate shall indemnify, defend and hold Covered Entity and its officers, directors, employees, agents, successors and assigns harmless,from and against all reasonable losses, claims, actions, demands, liabilities, damages, costs and expenses(including costs of judgments, settlements,court costs and reasonable attorneys' fees actually incurred)(collectively,"Information Disclosure Claims")arising from or related to: (i)the use or disclosure of Individually Identifiable Information(including PHI)by Business Associate in violation of the terms of this Agreement or applicable law,and(ii)whether in oral, paper or electronic media, any HIPAA Breach of unsecured PHI and/or State Breach of Individually Identifiable Information by Business Associate. If Business Associate assumes the defense of an Information Disclosure Claim, Covered Entity shall have the right, at its expense and without indemnification notwithstanding the previous sentence, to participate in the defense of such Information Disclosure Claim. Business Associate shall not take any final action with respect to any Information Disclosure Claim without the prior written consent of Covered Entity. Covered Entity likewise shall not take any final action with respect to any Information Disclosure Claim without the prior written consent of Business Associate.To the extent permitted by law and except when caused by an act of Covered Entity or resulting from a disclosure to a Recipient required or directed by Covered Entity to receive the information, Business Associate shall be fully liable to Covered Entity for any acts,failures or omissions of Recipients in furnishing the services as if they were the Business Associate's own acts,failures or omissions. i. Covered Entity shall indemnify, defend and hold Business Associate and its officers, directors, employees, agents, successors and assigns harmless,from and against all reasonable losses, claims, actions, demands, liabilities, damages, costs and expenses(including costs of judgments,settlements, court costs and reasonable attorneys'fees actually incurred)(collectively, "Information Disclosure Claims") arising from or related to: (i)the use or disclosure of Individually Identifiable information(including PHI) by Covered Entity, its subcontractors, agents, or employees in violation of the terms of this Agreement or applicable law,and (ii) whether in oral, paper or electronic media, any HIPAA Breach of unsecured PHI and/or State Breach of Individually Identifiable Information by Covered Entity, its subcontractors,agents, or employees. ii. Covered Entity and Business Associate shall seek to keep costs or expenses that the other may be liable for under this Section 9, including Information Disclosure Claims, to the minimum reasonably required to comply with the HITECH Act and HIPAA. Covered Entity and Business Associate shall timely raise all applicable affirmative defenses in the event a violation of this Agreement, or a use or disclosure of PHI or EPHI in violation of the terms of this Agreement or applicable law occurs. I April 18,2017Apr414-7-207 www.imagetrend.com Page 124, 10. Term and Termination. a. This Agreement shall commence on the Effective Date and shall remain in effect until terminated in accordance with the terms of this Section 10, provided, however, that termination shall not affect the respective obligations or rights of the parties arising under this Agreement prior to the effective date of termination,all of which shall continue in accordance with their terms. b. Covered Entity shall have the right to terminate this Agreement for any reason upon thirty (30)days written notice to Business Associate. c. Covered Entity, at its sole discretion, may immediately terminate this Agreement and shall have no further obligations to Business Associate if any of the following events shall have occurred and be continuing: i. Business Associate fails to observe or perform any material covenant or obligation contained in this Agreement for ten (10)days after written notice thereof has been given to the Business Associate by Covered Entity; or ii. A violation by the Business Associate of any provision of the Confidentiality Requirements or other applicable federal or state privacy law relating to the obligations of the Business Associate under this Agreement. d. Termination of this Agreement for either of the two reasons set forth in Section 10.c above shall be cause for Covered Entity to immediately terminate for cause any Business Arrangement pursuant to which Business Associate is entitled to receive PHI from Covered Entity. e. Upon the termination of all Business Arrangements, either Party may terminate this Agreement by providing written notice to the other Party. f. Upon termination of this Agreement for any reason, Business Associate agrees either to return to Covered Entity or to destroy all PHi received from Covered Entity or otherwise through the performance of services for Covered Entity, that is in the possession or control of Business Associate or its agents. In the case of PHI which is not feasible to"return or destroy," 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 return or destruction infeasible, for so long as Business Associate maintains such PHI. Business Associate further agrees to comply with other applicable state or federal law, which may require a specific period of retention, redaction, or other treatment of such PHI. 11. No Warranty. PHI IS PROVIDED TO BUSINESS ASSOCIATE SOLELY ON AN"AS IS"BASIS. COVERED ENTITY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,AND FITNESS FOR A PARTICULAR PURPOSE. 12. Ineligible Persons. Business Associate represents and warrants to Covered Entity that Business Associate(i)is not currently excluded, debarred, or otherwise ineligible to participate in any federal health care program as defined in 42 U.S.C. Section 1320a-7b(f) ("the Federal Healthcare Programs"); (ii) has not been convicted of a criminal offense related to the provision of health care items or services and not yet been excluded, debarred, or otherwise declared ineligible to participate in the Federal Healthcare Programs,and(iii) is not under investigation or otherwise aware of any circumstances which may result in Business Associate being excluded from participation In the Federal Healthcare Programs. This shall be an ongoing representation and warranty during the term of this Agreement, and Business Associate shall immediately notify Covered Entity of any change in the status of the representations and warranty set forth in this section. Any breach of this section shall give Covered Entity the right to terminate this Agreement immediately for cause. April 18,2017April 17,2017 www,imagetrend.com Page 125 13. Miscellaneous. a. Notice. All notices, requests,demands and other communications required or permitted to be given or made under this Agreement shall be in writing, shall be effective upon receipt or attempted delivery, and shall be sent by(i)personal delivery; (ii)certified or registered United States mail, return receipt requested; or(iii)overnight delivery service with proof of delivery. Notices shall be sent to the addresses below. Neither party shall refuse delivery of any notice hereunder. If to Covered Entity: Compliance Office cr a rs c 3e3-' ,' / SAY= If to Business Associate: ImageTrend, Inc. Attn: Michael J. McBrady 20855 Kensington Blvd. Lakeville, MN 55044 14. Waiver. No provision of this Agreement or any breach thereof shall be deemed waived unless such waiver is in writing and signed by the Party claimed to have waived such provision or breach. No waiver of a breach shall constitute a waiver of or excuse any different or subsequent breach. 15. Assignment. Neither Party may assign(whether by operation or law or otherwise)any of its rights or delegate or subcontract any of its obligations under this Agreement without the prior written consent of the other Party. Notwithstanding the foregoing, Covered Entity shall have the right to assign its rights and obligations hereunder to any entity that is an affiliate or successor of Covered Entity, without the prior approval of Business Associate. 16. Severability. Any provision of this Agreement that is determined to be invalid or unenforceable will be ineffective to the extent of such determination without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such remaining provisions. 17, Entire Agreement. This Agreement constitutes the complete agreement between Business Associate and Covered Entity relating to the matters specified in this Agreement, and supersedes all prior representations or agreements,whether oral or written, with respect to such matters. In the event of any conflict between the terms of this Agreement and the terms of the Business Arrangements or any such later agreement(s), the terms of this Agreement shall control unless the terms of such Business Arrangements are more strict with respect to PHI and comply with the Confidentiality Requirements, or the parties specifically otherwise agree in writing. No oral modification or waiver of any of the provisions of this Agreement shall be binding on either Party; provided, however,that upon the enactment of any law, regulation, court decision or relevant government publication and/or interpretive guidance or policy that the Covered Entity believes in good faith will adversely impact the use or disclosure of PHI under this Agreement, Covered Entity may amend the Agreement to comply with such law, regulation, court decision or government publication, guidance or policy by delivering a written amendment to Business Associate which shall be effective thirty(30)days after receipt. No obligation on either Party to enter into any transaction is to be implied from the execution or delivery of this Agreement. This Agreement is for the benefit of, and shall be binding upon the parties, their affiliates and respective successors and assigns. No third party shall be considered a third-party beneficiary under this Agreement,nor shall any third party have any rights as a result of this Agreement. I April 18,2017April 17,201-7 www.imagetrend.com Page 126 18. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the state in which Business Associate is located, excluding its conflicts of laws provisions. Jurisdiction and venue for any dispute relating to this Agreement shall exclusively rest with the state and federal courts in the county in which Business Associate is located. 19. Equitable Relief. The parties understand and acknowledge that any disclosure or misappropriation of any PHI in violation of this Agreement will cause the other irreparable harm, the amount of which may be difficult to ascertain, and therefore agrees that the injured party shall have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any such further disclosure or breach and for such other relief as the injured party shall deem appropriate. Such right is to be in addition to the remedies otherwise available to the parties at law or in equity. Each party expressly waives the defense that a remedy in damages will be adequate and further waives any requirement in an action for specific performance or injunction for the posting of a bond, 20. Nature of Agreement; Independent Contractor, Nothing in this Agreement shall be construed to create(i)a partnership,joint venture or other joint business relationship between the parties or any of their affiliates, or(ii)a relationship of employer and employee between the parties. Business Associate is an independent contractor, and not an agent of Covered Entity, This Agreement does not express or imply any commitment to purchase or sell goods or services. 21. Counterparts. This Agreement may be executed in one or more counterparts,each of which shall be deemed an original, but all of which together shall constitute one and the same document. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party against whom enforcement of this Agreement is sought. Signatures to this Agreement transmitted by facsimile transmission, by electronic mail in portable document format('.pdf')form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document,will have the same force and effect as physical execution and delivery of the paper document bearing the original signature. IN WITNESS WHEREOF,the parties have executed this Agreement as of the Effective Date. COVERED ENTITY: BUSINESS ASSOCIATE: "FARMINGTON FIRE RESCUE" /�"1MAGETRE +" By: - " B : j( i� �,.�� . By: 11111111111 Name: T dam/ Z�� - Name: «=tia A Bra. IMP Title: �"fe c r- Title: Prem.,: _l Dated: ,,2©/7 Dated: 03/08/2017 April 18,2017Ag'4#-47,2017 www.imagetrend.corn Page 127 EXHIBIT F--TAX EXEMPTION CERTIFICATION CLIENT to provide completed Tax Exemption Form,Tax Exemption Certificate, or other applicable documentation from the State Department regarding their Tax Exemption Status. I April 18,2017A01 17,2017 www.imagetrend.corrl Page 128 ioEFARu4 City of Farmington iff 11U,1:*, 430 Third Street Farmington, Minnesota a 651.280.6800 -Fax 651.280.6899 .,,MOO* www.c i.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Jim Larsen, Fire Chief SUBJECT: Adopt Resolution Declaring Surplus Property-Fire DATE: May 1, 2017 INTRODUCTION Farmington Fire Department staff seeks to declare surplus equipment in the depaitntent. DISCUSSION The fire department has two older model thermal imaging cameras that should be declared surplus. The 2004 and 2007 model year devices are outdated and pale in comparison to the new technology available today. With the recent purchase of new thermal imaging cameras, our operations will not suffer if these are declared surplus. BUDGET IMPACT None ACTION REQUESTED Adopt a resolution declaring two thermal imaging cameras as surplus and authorize the city administrator or his designee to dispose of and/or donate to suitable entities. ATTACHMENTS: Type Description D Cover Memo A Resolution Declaring Surplus Property of the FFD D Cover Memo TIC Surplus 050102017 RESOLUTION NO. R29-17 Declaring Surplus Property in the Farmington Fire Department Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington was held at the Farmington City Hall on the 1st day of May 2017 at 7:00 p.m. Members Present: Larson, Bernhjelm, Craig, Donnelly Members Absent: Bartholomay Member Donnelly introduced and Member Bernhj elm seconded the following: WHEREAS,the Farmington Fire Department has recommended that miscellaneous items in various states of disrepair be declared surplus; and WHEREAS, the city of Farmington seeks to follow recognized standards for the safety of firefighting personnel; NOW THEREFORE BE IT RESOLVED that, after due consideration,the Mayor and City Council of the city of Farmington, Minnesota, hereby declares the attached list as surplus equipment and authorizes the City Administrator and/or his designee to dispose of and/or donate said equipment. This resolution was adopted by recorded vote of the Farmington City Council in open session on the 1st day of May 2017. Todd Larson, Mayor Attested to the?a' day of May 2017. Q,C ` C< Cj David McKnight, C ty A�lrrdnistrator Farmington Fire Department May 1, 2017 Surplus Items Quantity Description Reason Surplus One MSA Evolution 5000 Thermal Imaging Camera& Old/November 2004 Vehicle Charger, Serial Number A7-14340-K04 One MSA Evolution 5000 Thermal Imaging Camera& Old/June 2007 Vehicle Charger, Serial Number A7-4506-F07 4iARAiit, City of Farmington 1°• 411;,‘ 430 Third Street Farmington, Minnesota • ________ 651.280.6800 Fax 651.280.6899 -.,, "'1S www ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson, Finance Director SUBJECT: Approve Bills-Finance DATE: May 1, 2017 INTRODUCTION Attached are the April 13 -26, 2017 check payments for your consideration. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the attached payments. ATTACHMENTS: Type Description D Backup Material 04-13-17-04-26-17 Council Check Register R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 1 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 139481 4/14/2017 100011 ANDERSEN INC,EARL F 348.40 STREET SIGNS 155009 0113657-IN 1072 6254 SIGNS&STRIPPING MATERIALS STREET MAINTENANCE 01000 08 348.40 139484 4/14/2017 110262 BAAR,SONDRA 14.34 BACKGROUND INV TRAINING MEAL 154952 20170405-BAAR 1050 6470 TRAINING&SUBSISTANCE POLICE ADMINISTRATION 01000 05 14.34 139489 4/14/2017 115553 BUDROW,JOHN 51.82 FIRE SCHOOL MEALS-4 DAYS 154869 20170303-BUDROW 1060 6470 TRAINING&SUBSISTANCE FIRE SERVICES 01000 06 51.82 139492 4/14/2017 100025 CINTAS CORP LOC 754 27.40 WEEKLY UNIFORM CLEANING SERVIC 154829 754710339 1072 6290 UNIFORMS&CLOTHING STREET MAINTENANCE 01000 08 30.95 WEEKLY UNIFORM CLEANING SERVIC 154829 754710339 1090 6290 UNIFORMS&CLOTHING PARK MAINTENANCE 01000 09 58.35 139496 4/14/2017 109182 DAKOTA COMMUNICATIONS CENTER 18,533.33 MAY 2017 DCC FEES 154885 FA2017-05 1051 6560 CONTRACTUAL SERVICES PATROL SERVICES 01000 05 9,266.67 MAY 2017 DCC FEES 154885 FA2017-05 1060 6560 CONTRACTUAL SERVICES FIRE SERVICES 01000 06 27,800.00 139497 4/14/2017 100041 DAKOTA COUNTY PROPERTY TAXATION 3,699.12 ANNUAL VOTING EQUIP MAINT 154914 03012017FMTN 1013 6220 EQUIP SUPPLIES&PARTS ELECTIONS 01000 01 3,699.12 139498 4/14/2017 109892 DAKOTA FIRE CONTROL INC 328.18 ANNUAL FIRE EXT INSPECT&REPAIR 154908 17029 1015 6401 PROFESSIONAL SERVICES CITY HALL 01000 01 328.18 ANNUAL FIRE EXT INSPECT&REPAIR 154908 17029 1050 6401 PROFESSIONAL SERVICES POLICE ADMINISTRATION 01000 05 328.18 ANNUAL FIRE EXT INSPECT&REPAIR 154908 17029 1060 6401 PROFESSIONAL SERVICES FIRE SERVICES 01000 06 32.82 ANNUAL FIRE EXT INSPECT&REPAIR 154908 17029 1070 6401 PROFESSIONAL SERVICES ENGINEERING SERVICES 01000 07 32.82 ANNUAL FIRE EXT INSPECT&REPAIR 154908 17029 1090 6401 PROFESSIONAL SERVICES PARK MAINTENANCE 01000 09 328.18 ANNUAL FIRE EXT INSPECT&REPAIR 154908 17029 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 1,378.36 139503 4/14/2017 100022 FARMINGTON PRINTING INC 48.00 PARK&REC COLORED PAPER 154902 11296 1095 6210 OFFICE SUPPLIES RECREATION PROGRAM SERVIIE1000 09 48.00 139511 4/14/2017 113579 KIENBERGER,ADAM 45.00 CELL PHONE,MILEAGE&LUNCH 154873 20170130- 1030 6412 CELLULAR PHONES PLANNING&ZONING 01000 03 KIENBERGER 45.00 CELL PHONE,MILEAGE&LUNCH 154874 20170221- 1030 6412 CELLULAR PHONES PLANNING&ZONING 01000 03 KIENBERGER 45.00 CELL PHONE,MILEAGE&LUNCH 154875 20170328- 1030 6412 CELLULAR PHONES PLANNING&ZONING 01000 03 KIENBERGER R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 2 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 135.00 139512 4/14/2017 115548 KING,MICHAEL 35.00 HASTINGS ELEC PERMIT 154931 HASTINGS ELEC 1000 2255 DEPOSITS PAYABLE GENERAL FUND BALANCE SHE®1000 PERMIT 35.00 139514 4114/2017 111268 LUTZ,CHRISTOPHER 22.19 K-9 TRAINING MEALS 154876 20170405-LUTZ 1051 6470 TRAINING&SUBSISTANCE PATROL SERVICES 01000 05 22.19 139516 4/14/2017 105967 MC MILLEN,CINDY 38.62 MILEAGE TO LOGIS-UB MEETING 154949 20170411- 1021 6485 MILEAGE REIMBURSEMENT GENERAL ACCOUNTING 01000 02 MCMILLEN 38.62 139517 4/14/2017 100317 METRO PEST MANAGEMENT INC 65.20 FD-STATION 2 EXTERMINATOR 154882 37260 1060 6401 PROFESSIONAL SERVICES FIRE SERVICES 01000 06 64.45 FD-STATION 1 EXTERMINATOR 154883 37264 1060 6401 PROFESSIONAL SERVICES FIRE SERVICES 01000 06 129.65 139522 4/14/2017 102179 MURPHY,JAMES 14.23 BACKGROUND INV TRAINING MEAL 154951 20170517-MURPHY 1050 6470 TRAINING&SUBSISTANCE POLICE ADMINISTRATION 01000 05 14.23 139524 4/14/2017 101254 ORKIN EXTERMINATING 103.44 PEST CONTROL JAN'17 154943 152127359/28379954 1015 6401 PROFESSIONAL SERVICES CITY HALL 01000 01 1.61 PEST CONTROL JAN'17 154944 152126842/28367911 1072 6401 PROFESSIONAL SERVICES STREET MAINTENANCE 01000 08 2.15 PEST CONTROL JAN'17 154944 152126842/28367911 1090 6401 PROFESSIONAL SERVICES PARK MAINTENANCE 01000 09 107.20 139526 4/14/2017 100093 PELLICCI HARDWARE&RENTAL 19.37 BUILDING REPAIR MATERIALS 154830 K07378 1015 6240 BUILDING SUPPLIES&PARTS CITY HALL 01000 01 2.98 BUILDING REPAIR MATERIALS 154831 K07398 1015 6240 BUILDING SUPPLIES&PARTS CITY HALL 01000 01 22.35 139532 4/14/2017 112561 RICOH USA,INC 963.43 COPIER LEASES APR-MAY'17 154926 98528506 1010 6555 RENTAL OF EQUIPMENT ADMINISTRATION 01000 01 963.43 139533 4/14/2017 112632 RICOH USA,INC 151.68 COPIER SUPPLIES-STAPLES 154942 1069185674 1010 6210 OFFICE SUPPLIES ADMINISTRATION 01000 01 151.68 139534 4/14/2017 115041 SAND,HEATHER LEE 125.00 SILVER AND FIT INSTRUCTOR 154832 20170329 MAR'17 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 125.00 R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 3 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 139536 4114/2017 100100 STREICHER'S 2,240.00 POLICE DEPT GUN CLEANER 154886 11249225 1051 6250 OTHER SUPPLIES&PARTS PATROL SERVICES 01000 05 2,240.00 139537 4/14/2017 102247 SUNDGREN,MARK 15.00 BACKGROUND INV TRAINING MEAL 154953 20170405- 1052 6470 TRAINING&SUBSISTANCE INVESTIGATION SERVICES 01000 05 SUNDGREN 15.00 139538 4/14/2017 115567 THOMAS,MATTHEW 38.62 MILEAGE TO LOGIS-UB MEETING 154950 20170411-THOMAS 1021 6485 MILEAGE REIMBURSEMENT GENERAL ACCOUNTING 01000 02 38.62 139541 4/14/2017 109522 TRI-STATE BOBCAT INC 375.01 TOOLCAT PARTS 155010 P71006 1090 6230 VEHICLE SUPPLIES&PARTS PARK MAINTENANCE 01000 09 375.01 139544 4/14/2017 115011 WOOTON,GINA 65.81 MILEAGE IGH&LASERFISCHE MTGS 154954 20170405-WOOTON 1050 6485 MILEAGE REIMBURSEMENT POLICE ADMINISTRATION 01000 05 65.81 139545 4/14/2017 113989 WRIGHT,BRITTANY 59.39 MILEAGE TO LOGIS&LASERFISCHE 154871 20170403-WRIGHT 1021 6485 MILEAGE REIMBURSEMENT GENERAL ACCOUNTING 01000 02 59.39 139546 4/21/2017 100028 ANCOM COMMUNICATIONS INC 3,830.00 FD RADIO EQUIPMENT 155020 68096 1060 6220 EQUIP SUPPLIES&PARTS FIRE SERVICES 01000 06 3,830.00 139549 4/21/2017 113466 BARRIS,JODIE MARIE 40.00 RCC MAR'17 TAP CLASSES 155022 20170330 TAP 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 72.00 RRC ZUMBA CLASS MAR'17 155023 20170330 ZUMBA 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 112.00 139554 4/21/2017 110991 BURNSVILLE SENIOR CENTER 16.90 RRC-CHOCOLATE&HEARTS EVENT 155090 032017 1093 6570 PROGRAMMING EXPENSE SENIOR CITIZEN SERVICES 01000 09 16.90 139555 4/21/2017 115573 CANNON FIRE&SAFETY 29.25 CANCEL PERMITS 40175&40745 155091 VOID PERMITS 1000 2020 CONTRACTS PAYABLE GENERAL FUND BALANCE SHEEI1000 1.00 CANCEL PERMITS 40175&40745 155091 VOID PERMITS 1000 2420 BUILDING PERMIT SURCHARGE GENERAL FUND BALANCE SHEE)1000 64.34 CANCEL PERMITS 40175&40745 155091 VOID PERMITS 1001 4370 OTHER PERMITS GENERAL FUND REVENUES 01000 01 19.75 CANCEL PERMITS 40175&40745 155091 VOID PERMITS 1001 4327 ELECTRIC PERMITS GENERAL FUND REVENUES 01000 01 114.34 139560 4/21/2017 100241 DELEGARD TOOL CO 38.79 WORK GLOVES 155017 167511 1090 6230 VEHICLE SUPPLIES&PARTS PARK MAINTENANCE 01000 09 38.79 R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 4 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 139562 4121/2017 109931 FACTORY MOTOR PARTS CO 208.30 BATTERIES FOR 531 AND 541 155015 1-Z10480 1051 6230 VEHICLE SUPPLIES&PARTS PATROL SERVICES 01000 05 208.30 139563 4121/2017 100022 FARMINGTON PRINTING INC 76.06 LIQ STORE-20#WHITE PAPER 155014 11307-1 1010 6210 OFFICE SUPPLIES ADMINISTRATION 01000 01 76.06 139569 4/21/2017 109232 HELM ELECTRIC INC 200.00 DISCONNECT/RECONNECT DESK 155082 12417B 1050 6515 BUILDING REPAIR SERVICE POLICE ADMINISTRATION 01000 05 200.00 139571 4/2112017 111773 INNOVATIVE OFFICE SOLUTIONS,LLC 79.61 OFFICE SUPPLIES 155025 IN1559995 1010 6210 OFFICE SUPPLIES ADMINISTRATION 01000 01 225.15 ENTER EXPLANATION-CLEANING SUPPLIES 155019 IN1559259 1015 6240 BUILDING SUPPLIES&PARTS CITY HALL 01000 01 107.21 CLEANING SUPPLIES 155019 IN1559259 1050 6250 OTHER SUPPLIES&PARTS POLICE ADMINISTRATION 01000 05 268.03 CLEANING SUPPLIES 155019 IN1559259 1060 6240 BUILDING SUPPLIES&PARTS FIRE SERVICES 01000 06 37.52 CLEANING SUPPLIES 155019 IN1559259 1072 6240 BUILDING SUPPLIES&PARTS STREET MAINTENANCE 01000 08 117.93 CLEANING SUPPLIES 155019 IN1559259 1090 6240 BUILDING SUPPLIES&PARTS PARK MAINTENANCE 01000 09 53.61 CLEANING SUPPLIES 155019 IN1559259 1093 6240 BUILDING SUPPLIES&PARTS SENIOR CITIZEN SERVICES 01000 09 889.06 139574 4/21/2017 108261 LAMETTRYS COLLISION LAKEVILLE 116.00 DAMAGE REPAIR FROM 17000316 155021 523113 1051 6401 PROFESSIONAL SERVICES PATROL SERVICES 01000 05 116.00 139584 4/21/2017 110206 MINNESOTA ZOO MOBILE 500.00 EARTH ARBOR CELEBRATION-ZOO 155093 6574 1095 6401 PROFESSIONAL SERVICES RECREATION PROGRAM SERVIm1000 09 325.00 4/28 ARBOR DAY ZOO ANIMALS 155105 6572 1095 6401 PROFESSIONAL SERVICES RECREATION PROGRAM SERVI/D1000 09 825.00 139586 4/21/2017 115503 MN.IT SERVICES 23.20 PD LANGUAGE LINE 16-3844 155088 W17020688 1051 6401 PROFESSIONAL SERVICES PATROL SERVICES 01000 05 23.20 139588 4/21/2017 115494 MOSHREFZADEH,MANDANA 250.00 RRC BALLOON ARTIST BALANCE DUE 155092 042517 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 250.00 139589 4/21/2017 112030 NAPA AUTO PARTS FARMINGTON 10.34 MOTOR SEAL FOR ROLLER 155096 168447 1072 6230 VEHICLE SUPPLIES&PARTS STREET MAINTENANCE 01000 08 10.34 139591 4/21/2017 102644 NORTHERN SAFETY TECHNOLOGY 1,806.00 FD ENGINE 1 LIGHT UPGRADE 4781 155013 43439 1060 6230 VEHICLE SUPPLIES&PARTS FIRE SERVICES 01000 06 1,806.00 R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 5 4/13/2017 - 4/26/2017 Check# Date Amount Supplier I Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 139596 4/21/2017 111359 PHRANER,DEBBIE 190.00 FEB'17 YOGA CLASS INSTRUCTOR 155087 211 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 190.00 139597 4/21/2017 115572 PLAYWORLD SYSTEMS,INC 5,623.67 NORTHCREEK PLAYGROUND REPAIR 155095 AR214313 1090 6220 EQUIP SUPPLIES&PARTS PARK MAINTENANCE 01000 09 5,623.67 139600 4/21/2017 115549 REFERRED PAINTING,INC. 3,272.00 PD PAINTING IN OFFICE/LOBBY 155055 360 1050 6515 BUILDING REPAIR SERVICE POLICE ADMINISTRATION 01000 05 3,272.00 139601 4/21/2017 112561 RICOH USA,INC 187.39 COPIER LEASES MAY'17 155039 98595718 1010 6555 RENTAL OF EQUIPMENT ADMINISTRATION 01000 01 187.39 139602 4/21/2017 115041 SAND,HEATHER LEE 50.00 AMP PROGRAM SPEAKER 155084 100 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 50.00 139604 4/21/2017 105724 SOUTH CENTRAL TECH COLLEGE 600.00 FD FIRE SCHOOL TRAINING FEES 155089 88465 1060 6470 TRAINING&SUBSISTANCE FIRE SERVICES 01000 06 600.00 139605 4/21/2017 108220 SOUTH METRO RENTAL INC 822.97 FD NEW CONCRETE SAW 155024 78428 1060 6950 MACHINERY&EQUIPMENT FIRE SERVICES 01000 06 50.00 DIAMOND ASPHALT BLADE 155064 78452 1072 6250 OTHER SUPPLIES&PARTS STREET MAINTENANCE 01000 08 872.97 139607 4/21/2017 115544 SPEAKER WHO SINGS,THE 150.00 AMP MOTIVATIONAL SPEAKER 154877 20170329 1093 6401 PROFESSIONAL SERVICES SENIOR CITIZEN SERVICES 01000 09 150.00 139608 4/21/2017 100235 STERLING CODIFIERS INC 193.00 CITY CODE UPDATE 155097 19238 1010 6401 PROFESSIONAL SERVICES ADMINISTRATION 01000 01 193.00 01000 GENERAL FUND 57,591.59 139511 4/14/2017 113579 KIENBERGER,ADAM 26.79 CELL PHONE,MILEAGE&LUNCH 154873 20170130- 2000 6470 TRAINING&SUBSISTANCE HRA/ECONOMIC DEVELOPMEN102000 03 KIENBERGER 39.16 CELL PHONE,MILEAGE&LUNCH 154873 20170130- 2000 6485 MILEAGE REIMBURSEMENT HRA/ECONOMIC DEVELOPMEN B2000 03 KIENBERGER 300.00 CELL PHONE,MILEAGE&LUNCH 154874 20170221- 2000 6470 TRAINING&SUBSISTANCE HRA/ECONOMIC DEVELOPMEN E2000 03 KIENBERGER 69.62 CELL PHONE,MILEAGE&LUNCH 154874 20170221- 2000 6485 MILEAGE REIMBURSEMENT HRA/ECONOMIC DEVELOPMEN E2000 03 R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 6 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div KIENBERGER 15.00 CELL PHONE,MILEAGE&LUNCH 154875 20170328- 2000 6470 TRAINING&SUBSISTANCE HRA/ECONOMIC DEVELOPMENT02000 03 KIENBERGER 99.63 CELL PHONE,MILEAGE&LUNCH 154875 20170328- 2000 6485 MILEAGE REIMBURSEMENT HRA/ECONOMIC DEVELOPMENT02000 03 KIENBERGER 550.20 02000 HRA/ECONOMIC DEVELOPMENT 550.20 139498 4114/2017 109892 DAKOTA FIRE CONTROL INC 328.18 ANNUAL FIRE EXT INSPECT&REPAIR 154908 17029 2502 6401 PROFESSIONAL SERVICES ICE ARENA OPERATIONS EXPE 02500 09 328.18 139504 4/14/2017 100077 FRONTIER COMMUNICATIONS 68.84 ARENA ALARM LINE MAR-APR'17 154828 6514633016 APR'17 2502 6411 TELEPHONE ICE ARENA OPERATIONS EXPE 02500 09 68.84 139526 4/14/2017 100093 PELLICCI HARDWARE&RENTAL 79.46 PAINTING SUPPLIES 154827 K07408 2502 6250 OTHER SUPPLIES&PARTS ICE ARENA OPERATIONS EXPE 02500 09 79.46 139571 4/21/2017 111773 INNOVATIVE OFFICE SOLUTIONS,LLC 241.23 CLEANING SUPPLIES 155019 IN1559259 2502 6240 BUILDING SUPPLIES&PARTS ICE ARENA OPERATIONS EXPE 02500 09 241.23 139593 4/21/2017 115566 OLSON,SUEZETTE 42.00 PUNCH CARD REFUND 155066 PUNCH CARD REFUN2501 4820 OPEN SKATE ICE ARENA REVENUE 02500 09 42.00 139599 4/21/2017 100125 R&R SPECIALTIES OF WISCONSIN INC 56.00 ZAMBONI BLADE SHARPENING 155018 0062108-IN 2502 6401 PROFESSIONAL SERVICES ICE ARENA OPERATIONS EXPE 02500 09 56.00 139611 412112017 111032 WALL,JANELLE 8.86 LEARN TO SKATE SUPPLIES 155037 LEARN TO SKATE 2502 6570 PROGRAMMING EXPENSE ICE ARENA OPERATIONS EXPE 02500 09 MAR'17 8.86 02500 ICE ARENA 824.57 139482 4/14/2017 100193 APPLE VALLEY,CITY OF 14,814.06 CABLE JPA 2ND QTR 154887 5820 4005 6401 PROFESSIONAL SERVICES CABLE/COMMUNICATIONS PROJt4000 01 14,814.06 04000 CAPITAL ACQUISITION 14,814.06 R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 7 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 139489 4/14/2017 115553 BUDROW,JOHN 26.45 FIRE SCHOOL MEALS-4 DAYS 154869 20170303-BUDROW 4302 6470 TRAINING&SUBSISTANCE FIRE RELIEF 04300 06 26.45 04300 FIRE CAPITAL PROJECTS 26.45 139592 4/21/2017 109335 NOVAK,TED 125.00 PUZZLE TABLE COFFEE GUYS 155085 041017 4502 6401 PROFESSIONAL SERVICES RRC CAPITAL IMPROVEMENT F 04500 09 125.00 04500 RECREATION CAPITAL PROJECTS 125.00 139536 4/14/2017 100100 STREICHER'S 21,403.00 POLICE DEPT-17 RIFLES 154938 11256855 5602 6950 50 MACHINERY&EQUIPMENT-POLICE GEN CAPITAL EQUIP FUND EX 05600 21,403.00 05600 GENERAL CAPITAL EQUIPMENT FUND 21,403.00 139483 4/14/2017 113303 ARTISAN BEER COMPANY 397.50 BEER ORDER 154841 3168624 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 397.50 139485 4/14/2017 100493 BELLBOY CORPORATION 118.05 LIQ,SPIRITS ORDER 154833 58307900 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 101.10 LIQ SUPPLIES&MIXES 154955 95605200 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 336.15 LIQ,SPIRITS ORDER 154973 58308000 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 234.11 LIQ SUPPLIES&MIXES 154974 95605300 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 13.00 LIQ SUPPLIES&MIXES 154974 95605300 6115 6250 OTHER SUPPLIES&PARTS PILOT KNOB LIQUOR 06100 02 802.41 139486 4/14/2017 111280 BERNICK'S WINE 14.00 KLAR SOUR 154842 351641 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 161.35 BEER ORDER 154843 351642 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 40.00 MP ORANGE 154976 352747 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 215.35 139487 4/14/2017 114472 BREAKTHRU BEVERAGE MN BEER,LLC 3,680.70 BEER ORDER 154834 1090692715 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 9,261.43 BEER ORDER 154977 1090692716 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 12,942.13 139488 4/14/2017 114471 BREAKTHRU BEVERAGE MN WINE&SPIRITS 1,357.69 LIQ,SPIRITS ORDER 154835 1080616917 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 8 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 41.45 WINE ORDER 154836 1080616918 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 2,822.43 LIQ,SPIRITS ORDER 154956 1080619075 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 2,332.70 WINE ORDER 154978 1080616920 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,306.71 LIQ,SPIRITS ORDER 154979 1080616919 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 7,860.98 139490 4/14/2017 108360 CANNON RIVER WINERY 120.00 WINE ORDER 154980 2988 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 120.00 139493 411412017 100071 COLLEGE CITY BEVERAGE INC 118.45- BEER ORDER CREDIT 154837 100-258 CR 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 11,084.35 BEER ORDER 154838 100-257 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 29.53- BEER ORDER CREDIT 154981 100-256 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 14,368.80 BEER ORDER 154982 100-255 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 25,305.17 139505 4/14/2017 100074 HOHENSTEINS INC 513.80 BEER ORDER 154844 886299 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 643.10 BEER ORDER 154957 887516 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 383.00 BEER ORDER 154984 887517 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,539.90 139508 4/14/2017 113417 INDEED BREWING COMPANY 176.20 BEER ORDER 154845 49555 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 176.20 139509 4/14/2017 109846 J J TAYLOR DISTRIBUTING CO OF MN INC 3,672.08 BEER ORDER 154846 2668631 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 3,734.97 BEER ORDER 154958 2668667 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 4,987.45 BEER ORDER 154985 2668666 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 103.00 REDD'S WICKED BLOOD ORANGE 154986 2668669 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 172.75 BEER ORDER 154987 2668665 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 12,670.25 139510 4/14/2017 100033 JOHNSON BROTHERS LIQUOR CO 52.51 SVEDKA VODKA MANGO PINEAPPLE 154847 5687545 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 3,227.49 WINE ORDER 154848 5687544 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 121.51 NEW AMSTERDAM VDKA 154849 5687543 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 318.78 SVEDKA VODKA ORDER 154850 5690669 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 325.89 WINE ORDER 154851 5690670 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,810.37 LIQ,SPIRITS ORDER 154852 5690671 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 601.01 WINE ORDER 154853 5690672 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 21.99 B&J EXOTIC BERRY 154854 5690673 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 3,198.20 LIQ,SPIRITS ORDER 154855 5690674 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 9 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 586.20 WINE ORDER 154856 5690675 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 3,726.44 LIQ,SPIRITS ORDER 154857 5690676 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 51.20 KINKY COCKTAILS PINK&BLUE 154858 5690677 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 77.02 CUERVO MIX MARG LIME 154859 5690678 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 123.51 SVEDKA VODKA RASPBERRY 154959 5696022 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 98.01 BLACK BOX CABERNET ORDER 154960 5696023 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 1,126.18 LIQ,SPIRITS ORDER 154961 5696024 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 593.81 LIQ,SPIRITS ORDER 154962 5696025 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 38.51 CUERVO MIX MARG LIME 154963 5696026 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 162.33 WINE ORDER 154964 5696027 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 93.76 NEWAMSTERDAM GIN ORDER 154965 5696028 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 297.57 WINE ORDER 154966 5696029 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 21.99 B&J MARGARITA 154967 5696030 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 .25- WOODBRIDGE CHARDONNAY CREDIT 154988 594789 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 54.11- FRANZIA DARK RED CREDIT 154989 619839 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 86.50- LIQ&WINE CREDIT 154990 619657 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 101.50- E&J BRANDY CREDIT 154991 621184 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 37.51 COCO REAL ORDER 154992 5695930 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 21.99 B&J MARGARITA 154993 5695929 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 363.66 WINE ORDER 154994 5695928 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 113.43 E&J BRANDY ORDER 154995 5695927 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 268.10 WINE ORDER 154996 5695926 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 37.86 BLOODY MARY MIX 154997 5695925 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,410.82 LIQ,SPIRITS ORDER 154998 5695924 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,409.13 LIQ,SPIRITS ORDER 154999 5695923 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,164.35 WINE ORDER 155000 5695922 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 123.51 SVEDKA VODKA MANGO PINEAPPLE 155001 5695921 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 21,382.28 139520 4/14/2017 110248 MINNESOTA MUNICIPAL BEVERAGE ASSN 100.00 2017 BEVERAGE/ALCOHOL TRAINING 154890 2017-31 6110 6470 TRAINING&SUBSISTANCE DOWNTOWN LIQUOR REV&EXI06100 02 100.00 2017 BEVERAGE/ALCOHOL TRAINING 154890 2017-31 6115 6470 TRAINING&SUBSISTANCE PILOT KNOB LIQUOR 06100 02 200.00 139525 4/14/2017 100290 PAUSTIS&SONS WINE COMPANY 258.50 WINE ORDER 154860 8585385-IN 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 258.50 139527 4/14/2017 100032 PEPSI COLA COMPANY 128.70 POP ORDER 154861 25872559 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 10.06- POP CREDIT 154862 25872560 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 118.64 139528 4/14/2017 113089 PETERSON,BLAIR R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 10 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 29.96 MILEAGE TO/FROM LIQ STORES 154870 20170331- 6110 6485 MILEAGE REIMBURSEMENT DOWNTOWN LIQUOR REV&EXIB6100 02 PETERSON 29.96 MILEAGE TO/FROM LIQ STORES 154870 20170331- 6115 6485 MILEAGE REIMBURSEMENT PILOT KNOB LIQUOR 06100 02 PETERSON 59.92 139529 4/14/2017 100034 PHILLIPS WINE AND SPIRITS INC 546.12 WINE ORDER 154839 2145951 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 1,116.30 WINE ORDER 154863 2142077 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 696.69 LIQ,SPIRITS ORDER 154864 2144183 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 442.85 WINE ORDER 154865 2144184 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 674.92 LIQ,SPIRITS ORDER 154968 2147787 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 190.54 WINE ORDER 154969 2147788 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 226.84 WINE ORDER 155002 2147786 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 2,360.57 LIQ,SPIRITS ORDER 155003 2147785 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 6,254.83 139535 4/1412017 112051 SOUTHERN GLAZERS OF MN 446.40 WINE ORDER 154866 1525241 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 2,532.90 LIQ,SPIRITS ORDER 154867 1526631 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 3,743.32 WINE&LIQ ORDER 154971 1529291 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 2,499.68 LIQ,SPIRITS ORDER 155005 1529296 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 D2 9,222.30 139540 4/14/2017 109709 TRIHUS,DAVID M 28.25 MILEAGE TO/FROM LIQ STORES 154872 20170331-TRIHUS 6110 6485 MILEAGE REIMBURSEMENT DOWNTOWN LIQUOR REV&EXI06100 02 28.25 MILEAGE TO/FROM LIQ STORES 154872 20170331-TRIHUS 6115 6485 MILEAGE REIMBURSEMENT PILOT KNOB LIQUOR 06100 02 56.50 139542 4/14/2017 108808 VINOCOPIA 261.00 WINE ORDER 154840 0177264-IN 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 296.38 BEER ORDER 155006 0177267-IN 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 557.38 139543 4/14/2017 100334 WINE MERCHANTS 1,425.10 WINE ORDER 154868 7126113 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 109.51 ANGELINE CA PINOT NOIR WINE 154972 7127638 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 241.51- WINE ORDER CREDIT 155007 713124 CR 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 1,293.10 139547 4/21/2017 113303 ARTISAN BEER COMPANY 41.25 BEER ORDER 155067 3170312 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 263.00 BEER ORDER 155068 3170198 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 660.00 BEER ORDER 155077 3170197 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 964.25 R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 11 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 139550 4/2112017 115569 BOURGET IMPORTS,LLC 650.50 WINE ORDER 155069 140903 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 650.50 139551 4/21/2017 114472 BREAKTHRU BEVERAGE MN BEER,LLC 9,860.30 BEER ORDER 155070 1090695642 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 3,606.05 BEER ORDER 155080 1090695643 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 13,466.35 139552 4/21/2017 114471 BREAKTHRU BEVERAGE MN WINE&SPIRITS 1,372.30 WINE ORDER 155078 1080619079 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 865.75 LIQ,SPIRITS ORDER 155079 1080619078 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 2,238.05 139559 4/21/2017 100071 COLLEGE CITY BEVERAGE INC 46.80- BEER ORDER 155071 100-295 CR 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 5,194.30 BEER ORDER 155072 100-294 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 5,147.50 139566 4121/2017 100027 GREAT LAKES COCA-COLA DISTRIBUTION,LLC 334.82 POP ORDER 154983 3616202490 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 334.82 139570 4/21/2017 100074 HOHENSTEINS INC 176.00 HAMMS BEER ORDER 155106 888884 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 176.00 139572 4/21/2017 109846 J J TAYLOR DISTRIBUTING CO OF MN INC 103.00 REDD'S WICKED BLOOD ORANGE 155073 2668668 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 7,994.90 BEER ORDER 155107 2668718 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 8,097.90 139573 4/21/2017 100033 JOHNSON BROTHERS LIQUOR CO 115.50 E&J VANILLA BRANDY 155074 5697129 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 .26 WINE ORDER 155108 5701304 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 751.04 WINE ORDER 155109 5701521 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 24.60 KINKY COCKTAILS BLUE 155110 5701522 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 279.02 LIQ,SPIRITS ORDER 155111 5701523 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 459.84 WINE ORDER 155112 5701524 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 2,150.84 LIQ,SPIRITS ORDER 155113 5701525 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 684.42 WINE ORDER 155114 5701526 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 21.99 B&J FUZZY NAVEL 155115 5701527 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 37.51 MASTER MIXES STRAW DAQ&MARG 155116 5701528 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 4,525.02 139577 4/21/2017 107747 M.AMUNDSON LLP R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 12 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 946.40 CIGARETTE&POP ORDER 155075 235739 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 946.40 139587 4/21/2017 110219 MORGAN CREEK VINEYARDS 100.44 NOVA 155117 4365 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 100.44 139594 4121/2017 100290 PAUSTIS&SONS WINE COMPANY 121.25 WINE ORDER 155076 8586203-IN 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 121.25 139595 4121/2017 100034 PHILLIPS WINE AND SPIRITS INC 702.37 LIQ,SPIRITS ORDER 155118 2151563 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 224.53 WINE ORDER 155119 2151564 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 926.90 139603 4/21/2017 107018 SHAMROCK GROUP 47.60 ICE CUBES 154505 2101127 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 46.80 ICE CUBES 154679 2101126 6100 1405 15 INVENTORY-PILOT KNOB LIQUOR OPERATIONS 06100 02 43.20- ICE CUBE CREDIT 154970 2050551 CR 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 51.20 139606 4/21/2017 112051 SOUTHERN GLAZERS OF MN 4,012.82 LIQ,SPIRITS ORDER 155120 1532031 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 1.28 LIQ,SPIRITS ORDER 155121 1532030 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 4,014.10 139612 4/21/2017 100334 WINE MERCHANTS 121.51 STEELHEAD CHARDONNAY 155122 7128601 6100 1405 10 INVENTORY-DOWNTOWN LIQUOR OPERATIONS 06100 02 121.51 06100 LIQUOR OPERATIONS 143,315.53 139492 4/14/2017 100025 CINTAS CORP LOC 754 21.91 WEEKLY UNIFORM CLEANING SERVIC 154829 754710339 6202 6290 UNIFORMS&CLOTHING SEWER OPERATIONS EXPENSE06200 08 21.91 139495 4/14/2017 113299 CUES 119.93 SHIPPING TRANSPORTER 154916 478465 6202 6401 PROFESSIONAL SERVICES SEWER OPERATIONS EXPENSE06200 08 119.93 139498 4/14/2017 109892 DAKOTA FIRE CONTROL INC 82.04 ANNUAL FIRE EXT INSPECT&REPAIR 154908 17029 6202 6401 PROFESSIONAL SERVICES SEWER OPERATIONS EXPENSE06200 08 82.04 139499 4/14/2017 100241 DELEGARD TOOL CO 77.44 TORQUE WRENCH 154922 166614 6202 6250 OTHER SUPPLIES&PARTS SEWER OPERATIONS EXPENSE06200 08 R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 13 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No DU Obj Sub Subledger Account Description BU Description Co Dept Div 77.44 139501 4/14/2017 115550 ELIANNA PROPERTIES,LLC 123.79 REF UTIL CR @18330 EVERTON CT 154935 18330 EVERTON CT 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 123.79 139502 4/14/2017 115221 ESQUIRE TITLE SERVICE LLC 197.59 REF UTIL CR @18412 EVEREST CIR 154933 18412 EVEREST CIR 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 197.59 139506 4/14/2017 110520 HOME TITLE,INC 118.80 REF UTIL CR@1301 WALNUT ST 154932 1301 WALNUT STREE8200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 118.80 139507 4/14/2017 112416 IMPACT MAILING OF MN INC 250.94 MAR'17 UB BILLS 154888 122914 6202 6445 POSTAGE SEWER OPERATIONS EXPENSE06200 08 69.33 MAR'17 UB BILLS 154888 122914 6202 6401 PROFESSIONAL SERVICES SEWER OPERATIONS EXPENSE06200 08 320.27 139515 4/14/2017 100063 MACQUEEN EQUIPMENT,INC 207.93 BODY WASH OUT NOZZLE 154400 P04516 6202 6230 VEHICLE SUPPLIES&PARTS SEWER OPERATIONS EXPENSE06200 D8 849.38- JETTER PARTS CREDIT 154462 P04931 6202 6230 VEHICLE SUPPLIES&PARTS SEWER OPERATIONS EXPENSE06200 08 641.45- 139518 4/14/2017 115551 MICKELSON,MATTHEW J 241.23 REF UTIL CR @19675 MEADOWLARK 154936 19675 MEADOWLARK6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 WAY 241.23 139524 4/14/2017 101254 ORKIN EXTERMINATING .02 PEST CONTROL JAN'17 154944 152126842/28367911 6202 6401 PROFESSIONAL SERVICES SEWER OPERATIONS EXPENSE06200 08 .02 139539 4/14/2017 110480 TITLE ONE,INC 88.05 REF UTIL CR @18273 DUNBURY AVE 154934 18273 DUNBURY AVE 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 88.05 139548 4/21/2017 113809 BANKERS TITLE 312.12 REF UTIL CR @ 608 10TH ST 155035 608 10TH ST 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 312.12 139553 4/21/2017 110218 BURNET TITLE 99.26 REF UTIL CR @ 1328 WILLOW TRL 155036 1328 WILLOW TRL 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 279.74 REF UTIL CR @ 18070 ECHO DR 155099 18070 ECHO DR 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 379.00 139557 4/21/2017 115554 CLEAR TO CLOSE TITLE 375.63 REF UTIL CR @ 909 LARCH ST 155032 909 LARCH ST 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 14 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 375.63 139558 4/2112017 115555 CLIFFORD,SEAN M 198.36 REF UTIL CR @ 5120 185TH ST W 155031 5120 185TH ST W 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 198.36 139564 4/21/2017 110576 GIBRALTAR TITLE AGENCY LLC 63.18 REF UTIL CR @ 19805 DEERBROOKE 155102 19805 DEERBROOKE6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 PATH 63.18 139568 4/21/2017 115574 HAHN,SARAH A&TIM W 31.00 REF UTIL CR @ 4590 196TH ST W 155103 4590 196TH ST W 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 31.00 139571 4/21/2017 111773 INNOVATIVE OFFICE SOLUTIONS,LLC 93.81 CLEANING SUPPLIES 155019 IN1559259 6202 6240 BUILDING SUPPLIES&PARTS SEWER OPERATIONS EXPENSE06200 08 93.81 139579 4/21/2017 100155 METROPOLITAN COUNCIL ENVIRO SERVICES 32,305.00 MAR'17 MCES SAC FEES 155123 MAR'17 SAC 6200 2425 MCES SAC(SWR AVAIL CHG) SEWER OPERATIONS 06200 08 323.05- MAR'17 MCES SAC FEES 155123 MAR'17 SAC 6201 5030 SAC CHARGE RETAINER SEWER OPERATIONS REVENUE06200 08 31,981.95 139580 4/21/2017 100095 METROPOLITAN COUNCIL ENVIRONMENTAL SVS 111,517.85 APR'17 WASTEWATER MCES FEES 155094 0001065105APR'17 6202 6565 MCES FEES SEWER OPERATIONS EXPENSE06200 08 111,517.85 139581 4/21/2017 112216 MIDLAND TITLE CO 44.04 REF UTIL CR @ 19022 EMBRY LN 155034 19022 EMBRY LN 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 44.04 139583 4/21/2017 114616 MINNESOTA TITLE,LLC 650.21 REF UTIL CR @ 18090 EMPIRE DR 155033 18090 EMPIRE DR 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 650.21 139590 4/21/2017 115112 NORTH AMERICAN TITLE CO 99.73 REF UTIL CR @ 20900 CAPRI ST 155104 20900 CAPRI STREET6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 99.73 139605 4/21/2017 108220 SOUTH METRO RENTAL INC 50.00 DIAMOND ASPHALT BLADE 155064 78452 6202 6250 OTHER SUPPLIES&PARTS SEWER OPERATIONS EXPENSE06200 08 50.00 139609 4/21/2017 113754 TITLE SMART,INC 91.86 REF UTIL CR @20548 CAMDEN PATH 155100 20548 CAMDEN PATH6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 91.86 139610 4/21/2017 110545 TRADEMARK TITLE SERVICES INC R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 15 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 56.04 REF UTIL CR @ 18978 EMBRYAVE 155098 18978 EMBRYAVE 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 159.08 REF UTIL CR @ 19624 ESTES PATH 155101 19624 ESTES PATH 6200 1310 3 REFUND CIS SEWER OPERATIONS 06200 08 215.12 06200 SEWER OPERATIONS 146,853.48 139491 4/14/2017 115546 CART GUY LLC,THE 14,502.50 30 GALLON CARTS,LIDS&WHEELS 154937 1013 6302 6250 OTHER SUPPLIES&PARTS SOLID WASTE OPERATIONS 06300 08 14,502.50 139492 4/14/2017 100025 CINTAS CORP LOC 754 43.83 WEEKLY UNIFORM CLEANING SERVIC 154629 754710339 6302 6290 UNIFORMS&CLOTHING SOLID WASTE OPERATIONS 06300 08 43.83 139494 4/14/2017 112111 CRAZY CRAYONS,LLC 175.28 PROMOTIONAL ITEMS-CRAYONS 154276 1007 6302 6570 PROGRAMMING EXPENSE SOLID WASTE OPERATIONS 06300 08 175.28 139498 4/14/2017 109892 DAKOTA FIRE CONTROL INC 82.04 ANNUAL FIRE EXT INSPECT&REPAIR 154908 17029 6302 6401 PROFESSIONAL SERVICES SOLID WASTE OPERATIONS 06300 08 82.04 139500 4/14/2017 100057 DICK'S SANITATION INC 983.35 MAR'17 RECYCLING SCHOOLS 154878 DT0001748919 6302 6401 PROFESSIONAL SERVICES SOLID WASTE OPERATIONS 06300 08 22,680.16 MAR'17 RECYCLING CITY 154879 DT0001759129 6302 6401 PROFESSIONAL SERVICES SOLID WASTE OPERATIONS 06300 08 4,570.33 MAR'17 RECYCLING COMMERCIAL 154880 DT0001759128 6302 6401 PROFESSIONAL SERVICES SOLID WASTE OPERATIONS 06300 08 28,233.84 139507 4/14/2017 112416 IMPACT MAILING OF MN INC 250.94 MAR'17 UB BILLS 154888 122914 6302 6445 POSTAGE SOLID WASTE OPERATIONS 06300 08 69.33 MAR'17 UB BILLS 154888 122914 6302 6401 PROFESSIONAL SERVICES SOLID WASTE OPERATIONS 06300 08 320.27 139524 4/14/2017 101254 ORKIN EXTERMINATING 93.80 PEST CONTROL JAN'17 154944 152126842/28367911 6302 6401 PROFESSIONAL SERVICES SOLID WASTE OPERATIONS 06300 08 93.80 139556 4/2112017 113887 CLEANLITES RECYLING,INC MN 160.81 ELECTRONICS RECYCLING MAR'17 155052 IN0001994 6302 6401 PROFESSIONAL SERVICES SOLID WASTE OPERATIONS 06300 08 160.81 139571 4/21/2017 111773 INNOVATIVE OFFICE SOLUTIONS,LLC 97.40 CLEANING SUPPLIES 155019 IN1559259 6302 6240 BUILDING SUPPLIES&PARTS SOLID WASTE OPERATIONS 06300 08 97.40 06300 SOLID WASTE OPERATIONS 43,709.77 R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 16 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 139492 4/14/2017 100025 CINTAS CORP LOC 754 21.91 WEEKLY UNIFORM CLEANING SERVIC 154829 754710339 6402 6290 UNIFORMS&CLOTHING STORM WATER UTILITY OPERA 06400 08 21.91 139494 4/14/2017 112111 CRAZY CRAYONS,LLC 164.00 PROMOTIONAL ITEMS-CRAYONS 154276 1007 6402 6570 PROGRAMMING EXPENSE STORM WATER UTILITY OPERA 06400 08 164.00 139498 4/14/2017 109892 DAKOTA FIRE CONTROL INC 16.40 ANNUAL FIRE EXT INSPECT&REPAIR 154908 17029 6402 6401 PROFESSIONAL SERVICES STORM WATER UTILITY OPERA 06400 08 16.40 139507 4/14/2017 112416 IMPACT MAILING OF MN INC 250.94 MAR'17 UB BILLS 154888 122914 6402 6445 POSTAGE STORM WATER UTILITY OPERA 06400 08 69.33 MAR'17 UB BILLS 154888 122914 6402 6401 PROFESSIONAL SERVICES STORM WATER UTILITY OPERA 06400 08 320.27 139515 4/14/2017 100063 MACQUEEN EQUIPMENT,INC 38.45 SWEEPER PARTS 154899 P05007 6402 6230 VEHICLE SUPPLIES&PARTS STORM WATER UTILITY OPERA 06400 08 1,219.17 SWEEPER PARTS 154901 P05016 6402 6230 VEHICLE SUPPLIES&PARTS STORM WATER UTILITY OPERA 06400 08 1,257.62 139524 4/14/2017 101254 ORKIN EXTERMINATING 10.77 PEST CONTROL JAN'17 154944 152126842/28367911 6402 6401 PROFESSIONAL SERVICES STORM WATER UTILITY OPERA 06400 08 10.77 139571 4/21/2017 111773 INNOVATIVE OFFICE SOLUTIONS,LLC 26.80 CLEANING SUPPLIES 155019 IN1559259 6402 6240 BUILDING SUPPLIES&PARTS STORM WATER UTILITY OPERA 06400 08 26.80 139578 4/21/2017 100063 MACQUEEN EQUIPMENT,INC 77.06 SWEEPER PARTS 155012 P05154 6402 6230 VEHICLE SUPPLIES&PARTS STORM WATER UTILITY OPERA 06400 08 77.06 139605 4/21/2017 108220 SOUTH METRO RENTAL INC 50.00 DIAMOND ASPHALT BLADE 155064 78452 6402 6250 OTHER SUPPLIES&PARTS STORM WATER UTILITY OPERA 06400 08 50.00 06400 STORM WATER UTILITY 1,944.83 139492 4/14/2017 100025 CINTAS CORP LOC 754 21.91 WEEKLY UNIFORM CLEANING SERVIC 154829 754710339 6502 6290 UNIFORMS&CLOTHING WATER UTILITY EXPENSE 06500 08 21.91 139498 4/14/2017 109892 DAKOTA FIRE CONTROL INC 82.04 ANNUAL FIRE EXT INSPECT&REPAIR 154908 17029 6502 6401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 17 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 82.04 139507 4/14/2017 112416 IMPACT MAILING OF MN INC 250.94 MAR'17 UB BILLS 154888 122914 6502 6445 POSTAGE WATER UTILITY EXPENSE 06500 08 69.32 MAR'17 UB BILLS 154888 122914 6502 6401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 320.26 139521 4/14/2017 100030 MINNESOTA PIPE AND EQUIPMENT 327.60 HYDRANT PARTS 154900 0374090 6502 6505 EQUIPMENT REPAIR SERVICE WATER UTILITY EXPENSE 06500 08 327.60 139523 4/14/2017 100070 MVTL-MINN VALLEY TESTING LABS 43.75 COLIFORM COLILERT BAC-T SAMPLE 154917 855252 6502 6401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 43.75 139524 4/14/2017 101254 ORKIN EXTERMINATING 102.43 JAN'17 PEST CONTROL SERVICES 154881 152126318/28454299 6502 6401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 17.23 PEST CONTROL JAN'17 154944 152126842/28367911 6502 6401 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 08 119.66 139571 4/21/2017 111773 INNOVATIVE OFFICE SOLUTIONS,LLC 93.81 CLEANING SUPPLIES 155019 IN1559259 6502 6240 BUILDING SUPPLIES&PARTS WATER UTILITY EXPENSE 06500 08 93.81 139582 4/21/2017 100169 MINNESOTA DEPT OF HEALTH 23.00 GLENN WATER LICENSE RENEWAL 155029 GLENN WATER 6502 6460 SUBSCRIPTIONS&DUES WATER UTILITY EXPENSE 06500 08 LICENSE 23.00 NICK WATER LICENSE RENEWAL 155030 NICK WATER LICENSB502 6460 SUBSCRIPTIONS&DUES WATER UTILITY EXPENSE 06500 08 46.00 139605 4/2112017 108220 SOUTH METRO RENTAL INC 50.00 DIAMOND ASPHALT BLADE 155064 78452 6502 6250 OTHER SUPPLIES&PARTS WATER UTILITY EXPENSE 06500 08 50.00 06500 WATER UTILITY 1,105.03 139585 4121/2017 100575 MN DEPARTMENT OF TRANSPORTATION 79,477.60 TH3 SIGNAL UPGRADES SP 1902.41 155027 00000402492 6600 2010 1 ACCOUNTS PAYABLE MANUAL STREETLIGHT UTILITY 06600 08 .01 TH3 SIGNAL UPGRADES SP 1902.41 155027 00000402492 6602 6401 PROFESSIONAL SERVICES STREETLIGHT UTILITY EXPEN 06600 08 79,477.61 06600 STREETLIGHT UTILITY 79,477.61 139513 4/14/2017 100164 LAW ENFORCEMENT LABOR SERVICES 563.50 154948 041317906514 7000 2116 LELS DUES PAYABLE EMPLOYEE EXPENSE FUND 07000 02 563.50 R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 18 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 139519 4/14/2017 100162 MINNESOTA BENEFIT ASSOCIATION 70.84 154947 041317906513 7000 2120 MBA PAYABLE EMPLOYEE EXPENSE FUND 07000 02 70.84 139531 4114/2017 100135 PUBLIC EMPLOYEES RETIREMENTASSN. 19,430.83 154945 041317906511 7000 2113 PERA PAYABLE EMPLOYEE EXPENSE FUND 07000 02 25,763.67 154946 041317906512 7000 6154 PERA EMPLOYEE EXPENSE FUND 07000 02 45,194.50 139567 4/21/2017 115462 GROUP HEALTH INC.-WORKSITE 139.00 MAR'17 EAP PROGRAM 155053 W813630 7000 6158 EMPLOYEE BENEFITS EMPLOYEE EXPENSE FUND 07000 02 139.00 139576 4121/2017 115466 LIFE INSURANCE COMPANY OF NORTH AMERICA 361.80 CI&ACCIDENT INSURANCEAPR'17 155086 A1960331 APRIL'17 7000 6158 EMPLOYEE BENEFITS EMPLOYEE EXPENSE FUND 07000 02 361.80 07000 EMPLOYEE EXPENSE FUND 46,329.64 139575 4/21/2017 100354 LEAGUE OF MN CITIES INSURANCE TRUST 1,000.00 INS DEDUCT C0027408 SHERNO 155081 2117/CLAIM 7100 6430 INSURANCE DEDUCTIBLE INSURANCE 07100 02 #C0027408 1,000.00 07100 INSURANCE 1,000.00 139560 4/21/2017 100241 DELEGARD TOOL CO 69.91 WORK GLOVES AND LIGHTS 155017 167511 7200 6230 VEHICLE SUPPLIES&PARTS FLEET OPERATIONS 07200 08 69.91 139562 4/21/2017 109931 FACTORY MOTOR PARTS CO 11.00- BATTERY CORE CREDIT 154748 1-Z10332 7200 6230 VEHICLE SUPPLIES&PARTS FLEET OPERATIONS 07200 08 11.00- 139565 4/21/2017 112942 GMS INDUSTRIAL SUPPLIES,INC 20.44 RUBBER WORK GLOVES 155016 029203 7200 6230 VEHICLE SUPPLIES&PARTS FLEET OPERATIONS 07200 08 20.44 07200 FLEET OPERATIONS 79.35 139530 4/14/2017 110760 PRO-TECH DESIGN SECURITY SOLUTIONS 9,592.00 CAMERAADDITION FOR CMF 154898 79652 7400 6960 FURNITURE&OFFICE E INFORMATION TECHNOLOGY 07400 04 110.00 CITY HALL PANIC BUTTON WORK 154939 79576 7400 6210 OFFICE SUPPLIES INFORMATION TECHNOLOGY 07400 04 9,702.00 R55CKS2 LOGIS601V CITY OF FARMINGTON 4/26/2017 12:28:21 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 19 4/13/2017 - 4/26/2017 Check# Date Amount Supplier/Explanation PO# Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 139561 4121/2017 105755 ESRI 3,700.00 YEARLY MAINTENANCE FOR ARCGIS 155026 93269039 7400 6505 EQUIPMENT REPAIR SERVICE INFORMATION TECHNOLOGY 07400 04 3,700.00 139598 4/21/2017 110760 PRO-TECH DESIGN SECURITY SOLUTIONS 110.00- PANIC BUTTON CREDIT 155038 79576 CR 7400 6505 EQUIPMENT REPAIR SERVICE INFORMATION TECHNOLOGY 07400 04 176.00 CARD ACCESS DOOR REPAIR 155040 79573 7400 6505 EQUIPMENT REPAIR SERVICE INFORMATION TECHNOLOGY 07400 04 66.00 07400 INFORMATION TECHNOLOGY 13,468.00 139494 4/14/2017 112111 CRAZY CRAYONS,LLC 11.28- 154276 1007 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 11.28- 139524 4/14/2017 101254 ORKIN EXTERMINATING 6.03- 154944 152126842/28367911 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 6.03- 139556 4/21/2017 113887 CLEANLITES RECYLING,INC MN 10.34- 155052 IN0001994 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 10.34- 139571 412112017 111773 INNOVATIVE OFFICE SOLUTIONS,LLC 6.27- 155019 IN1559259 9999 2415 MN SALES TAX DUE CASH COMPANY 09999 6.27- 09999 CASH COMPANY 33.92- a pravais: £ LARSON .---- Report Totals 572,584.19 BARTHOLOMAY BERNHJELM yi.1 .---- CRAIG DONNELLY 1r),_, ip��CAR�►/, l City of Farmington 430 Third Street Farmington, Minnesota 'rs 651.280.6800 -Fax 651.280.6899 A ,/a www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Agreement Hill Dee Park and Jim Bell Park and Preserve Basketball Court Improvement Project DATE: May 1, 2017 INTRODUCTION Previously the city council has approved basketball court improvement projects for Meadowview Park and Tamarack Park resulting in improvement of the court surfaces. In 2017 the Hill Dee Park and Jim Bell Park and Preserve basketball court surfaces have been identified to receive improvements. The current basketball court surfaces in both parks contain cracks,birdbaths and are beginning to deteriorate. The Hill Dee Park basketball court is an asphalt surface and was constructed in 2005. The Jim Bell Park and Preserve basketball court is an asphalt surface and was constructed in 2006. Neither court surface has received any repairs or resurfacing work since it was constructed. By completing the repair and resurfacing work, the life of the existing pavement surface will be extended. DISCUSSION Staff mailed a 2017 Hill Dee Park and Jim Bell Park and Preserve Basketball Court Improvement Project Request for Quotes to four contractors who have experience in repairing and resurfacing an asphalt basketball court. Exhibit A shows the tabulation of the two quotes received. Court Surfaces and Repair, Inc. submitted the low quote for the project in the amount of$9,675.00. Photos of the existing condition of both basketball courts are shown in Exhibit B. There are several court areas that have settled resulting in depressions, also known as birdbaths, that allow these areas to hold water after it rains. There a number of locations where the pavement's aggregate material is significantly exposed. The aggregate material is beginning to loosen and separate. Finally surface cracks are starting to occur, which if not repaired could lead to the cracks widening further allowing additional water to flow into the cracks and freezing. Further delay in the surface repair will cause the basketball courts to continue to deteriorate to the point where the entire pavement will need to be replaced. Exhibit C is a report showing a 20 year maintenance plan for outdoor asphalt basketball courts that have been constructed in city parks. It includes information about the year the original court was constructed, the size of the court, the year it first received surface maintenance work and the cost of the maintenance work and the projected year of when the next maintenance is scheduled to be completed. It is important to have this plan in place, so the ongoing maintenance of outdoor asphalt basketball courts continues to occur. Maps have been included showing the locations of Hill Dee Park and Jim Bell Park and Preserve where the basketball court improvement projects will occur. Included as an attachment is the agreement form the city council is being asked to approve with Court Surfaces and Repair, Inc. to repair and resurface the basketball court in both Hill Dee Park and Jim Bell Park and Preserve. One of the city council's priorities is to provide core government services at a high quality level. Approving the agreement form with Court Surfaces and Repair, Inc. to repair these two existing basketball courts allows the city to provide a park system at a high quality level. BUDGET IMPACT Funds are available in 2017 Park Maintenance budget to cover the cost of repairing and resurfacing the basketball court in Jim Bell Park and Preserve and Hill Dee Park. The low quote submitted is at a lower per court cost than last year's cost to improve the asphalt basketball court in Tamarack Park. ACTION REQUESTED Staff is requesting city council approval of the attached agreement with Court Surfaces and Repair, Inc. for the repair and resurfacing of the Hill Dee Park and Jim Bell Park and Preserve basketball courts so the work can be completed in 2017. ATTACHMENTS: Type Description D Exhibit Exhibit A Quote Tabulations D Exhibit Exhibit B Photos Current Basketball Court Conditions D Exhibit Exhibit C 20 Year Outdoor Asphalt BB Court Maintenance Plan D Contract Agreement Foran ❑ Exhibit Hill Dee Park location map ❑ Exhibit Jim Bell Park and Preserve location map EXHIBIT A 2017 Jim Bell Park and Preserve and Hill Dee Park Basketball Court Improvement Project Quote Tabulation Contractor Name Quote Amount Court Surfaces & Repair, Inc. 9,675.00 C & H Sports Surfaces, Inc. 9,995.00 EXHIBIT B Hill Dee Park Basketball Court Photos Surface has settled in certain locations creating -= shallow depressions called bird baths that water collects in after it rains • -41 '4. Narrow surface • crack runs entire width of court • Additional }' smaller cracks r4 • are appearing on • the court surface - J- Jim Bell Park and Preserve Basketball Court Photos _r_ .` sem. Surface has settled in certain locations creating shallow depressions called bird baths that water collects in after it rains Another surface area location where settling has occurred creating shallow depressions 9i — called bird baths that water collects in after it rains • • Surface areas where aggregate is exposed and is starting to work loose causing the surface to break apart EXHIBIT C 20 year Outdoor Asphalt Basketball Court Maintenance Plan Year Paved BB Court 10 Year Maintenance Work Completed or 20 Year Maintenance Work Park Name Constructed Size of Court Scheduled for Completion Project Cost Scheduled for Completion Meadowview Park 2004 half 2015 $ 3,850.00 2025 Tamarack Park 2005 full 2016 $ 4,850.00 2026 Hill Dee Park 2005 full 2017 $ 4,837.50 2027 Jim Bell Park and Preserve 2006 full 2017 $ 4,837.50 2027 Evergreen Knoll Park 2006 full 2018 2028 Dakota County Estates Park 2007 full 2018 2028 Westview Park 2007 full 2019 2029 Farmington Preserve Park 2008 _ half 2020 2030 Pine Knoll Park 2013 half 2023 2033 Prairieview Park 2017 (projected) full 2027 2037 AGREEMENT AGREEMENT made this /` day of .2-')."2_c-A-5. , 2017, between the CITY OF FARMINGTON, a Minnesota municipal Wrporation ("City"), and COURT SURFACES AND REPAIR,INC.,a Minnesota corporation("Contractor"). IN CONSIDERATION OF TUE MUTUAL UNDERTAKINGS HEREIN CONTAINED,TIM PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. Contractor Proposal attached as Exhibit"A." C. Request for Quotes 2017 Hill Dee Park and Jim Bell Park and Preserve Basketball Court Improvement Project attached as Exhibit"B". In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document"C"having the last priority. 2. OBLIGATIONS OF.THE CONTRACTOR. The Contractor shall provide the goods,services,and perform the work in accordance with the Contract Documents. 3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance with the bid. 4. SOFTWARE LICENSE. If the equipment provided by the Contractor pursuant to this Contract contains software,including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a • condition for continuing to use the software. • 5. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 6. TIME OF PERFORMANCE. The Contractor shall complete its obligations on or before August 25,2017, 7. PAYMENT. a. When the obligations of the Contractor have been fulfilled,inspected, and accepted, the City shall pay the Contractor$9,675.00. Such payment shall be made not later than thirty (30) days after completion, certification thereof,and invoicing by the Contractor. b. No final payment shall be made under this Contract until Contractor has satisfactorily, established compliance with the provisions of Minn. Stat. Section 290.92. A certificate of the commissioner shall satisfy this requirement with respect to the Contractor or any subcontractor. S. EXTRA SERVICES. No claim will be honored for compensation for extra services or beyond the scope of this Agreement or the not-to-exceed price for the services identified in the proposal without written submittal by the Contractor, and approval of an amendment by the City, with specific estimates of type, time, and maximum costs, prior to commencement of the work. 9. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent (PA %)per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees,incurred in bringing the action. 10. WORKER'S COMPENSATION. If Contractor does public work,the Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 11. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract,with the City included as an additional name insured by endorsement: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate,products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of three (3)years after final payment and Contractor shall continue to provide evidence of such coverage to 2 City on an annual basis during the aforementioned period;or if any reason Contractor's work ceases before final payment,for a minimum period of three(3)years from the date Contractor ceases work. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) Contractual Liability(identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury,with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability(owned,non-owned,hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 12. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act,including but not limited to the civil remedies of Minnesota Statutes Section 13.08,as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 13. RECORDS. Contractor shall maintain complete and accurate records of expenses involved in the performance of services. 14. WARRANTY. The Contractor guarantees all warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may 3 develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. The Contractor further warrants to the City that all goods and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. This warranty is in addition to any manufacturer's standard warranty y, and any warranty provided by law. 15. NONDISCRIMINATION. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto, The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. 16. INDEMNITY. The Contractor agrees to defend,hold harmless, and indemnify the City,its officers, agents, and employees, for and against any and all claims, demands, actions, or causes of action, of whatever nature or character, arising from the Consultant's performance of work or services provided for herein. The Contractor shall take all reasonable precautions for the safety of all employees on the site and shall provide reasonable protection to prevent damage or loss to the property.on the site or properties adjacent thereto and to work, materials and equipment under the Contractor's control. 17. WAIVER. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition,or obligation. 18. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 19. .SEVERABILITY. If any provision,term,or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions of this Contract, unless such invalid or unenforceable provision, term, or condition renders this Contract impossible to perform, Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties'entire contract. 20. ENTIRE AGREEMENT. This Contract represents the entire,agreement of the parties and is a final,complete,and all inclusive statement of the terms thereof,and supersedes and terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. 21. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Contractor. In the event of termination, the City shall be obligated to the Contractor for payment of amounts due and owing for materials provided or for services performed or furnished to the date and time of termination. 4 Dated: 7)'37 / ,2017. CITY OF FARMINGTON By: Todd Larson, Mayor By: avid McKni t�Cit krninistrator Dated:7147 a ,2017 CONTRACTOR: COURT SURFACES AND REPAIR,INC. By: 6-111/0-Ze Its: gt.1..4.4...ellf 5 EL 'Mf+ A 440R,14„,._ City of Farmington 430 Third Street Farmington,Minnesota f 6 651.280.6800•Fax 651.280.6899 wW w.ci.farmIngton.nm.us 2017 ITT,T.DEE PARK AND 31M BELL PARK AND PRESERVE BASKETBALL COURT IMPROVEMENT PROJECT.QUOTE SUBMITTAL FORM Submit your company's quote below on the form.Your project quote should include all costs and Minnesota sales tax associated with completing the project.The deadline to submit your quote is on or before 10:00 a.m.ou Friday, April 14,2017.Quotes must be submitted in a sealed envelope with the following title on the front of the envelope:"20171Till Dee Park and Jim Bell Park and Preserve Basketball Court Improvement Project". Company Information: The undersigned,being familiar with local conditions,having made the field inspections and investigations deemed • .necessary,having studied the specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof,hereby propose to frunish all labor,tools,materials,skills,equipment and all else necessary to completely construct the project in accordance with the specifications identified previously. In submitting this quote,it is understood that the Owner retains the right to reject any and all quotes and to waive irregularities and informalities therein and to award the contract to the best interests ofthe Owner. In submitting this quote,it is understood that payment will be by cash or check. It is understood that quotes may not be withdrawn for a period of 60 days after the deadline date and time set for the quotes to be received.It is understood the owner reserves the right to retain the three lowest quotes as determined by the Owner for a period not to exceed 60 days after the date set for the opening of quotes. SubmittediBy: / 1 ettp-it £ 7 CC aecy�4 e 1 �Z2G (a Corporation) Company U (an Individual) (Circle one) .T/'dg. ar'/.fa�7 (aPartnership) By Title /C?/r Yaltk <C76. A/it-- Address 4J N City,State,Zip Code 765—•783 6 Telephone Email Address 9 7 Lump Sum Quote Amount 6 otifoo-) City of Farmington Willlit 430 Third Street • Farmington,Minnesota °0•fao 651.280.6800•Fax 651.280.6899 A Faro www.cifariningtommn.us EXHIBIT B REQUEST FOR QUOTES 2017 Hill Dee Park and Jim Bell Park and Preserve Basketball Court Improvement Project Farmington, Minnesota March 23, 2017 I. INTRODUCTION. The City of Farmington Park&Recreation Department is accepting quotes for the repair and resurfacing of two existing full-court bituminous basketball courts. Quote must be submitted in a sealed envelope with the following title: "2017 Tamarack Park and Jim Bell Park and Preserve Basketball Court Improvement Project". II. PROJECT LOCATIONS. The address of Hill Dee Park is 5535 Upper 182" Street West.All equipment used during the project in Hill Dee Park shall access the park from Lower 182"d Street West,which is located on the north side of the park adjacent to the basketball court. The address of Jim Bell Park and Preserve is 4555 195th Street West. All equipment used during the project in Jim Bell Park and Preserve shall access the park either from 189th Street West,which is located on the north side of the park or from the 190th Street West cul-de-sac, which is located just to the west of the park. III. PROJECT COMPLETION. All work shall be completed on or before Friday,August 25 2017. The submitted quote shall include all labor,materials and applicable sales tax. IV. REJECTION OF QUOTES. The City of Farmington reserves the right to reject any and all quotes,to waive irregularities and informalities therein. V. SITE VISITS. You may arrange a visit to the site if you wish by contacting the following Parks and Recreations Department staff member: Randy Distad,Parks and Recreation Director Farmington City Hall 430 Third Street Farmington,MN 55024 651-280-6851 Email: rdistad@ci.farmington.mn.us VI. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured by endorsement: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate,products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of three(3)years after final payment and Contractor shall continue to provide evidence of such coverage to City on an annual basis during the aforementioned period; or if any reason Contractor's work ceases before final payment, for a minimum period of three(3)years from the date Contractor ceases work. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) Contractual Liability(identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury,with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability(owned,non-owned,hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence VII. SUBMITTING QUOTES. The described project will be for repairing,resurfacing and remarking the following two existing full court bituminous basketball court surfaces: • Hill Dee Park with a dimension of 50 feet wide by 84 feet long • Jim Bell Park and Preserve with a dimension of 50 feet wide by 84 feet long. A separate document included with this mailing describes the project in more detail. Quotes must be submitted on the attached Quote Submittal Form.The City will open,tabulate and select the lowest quote.After the quotes have been tabulated,the City will contact all of the contractors via email about the result of the quotes submitted. 2 •• • VIII. QUOTE SUBMITTAL AND PROJECT DEADLINE Deadline to submit a quote will be on or before 10:00 a.m.,Friday,April 14,2017.All work associated with the project Ls to be completed on or before Friday,August 25,2017. Your quote should be submitted either by mail or email on the Quote Submittal Form below to the following Parks and Recreation Department stafF person: Randy Distad Farmington Parks&Recreation Department 430 Third Street Farmington,MN 55024 Phone: 651-280-6851 Fax: 651-280-6899 Email: rdistad@ci.farmington.nin.us • • • • • • • • • 3 • City of Farmington 430 Third•Street o Farmington,Minnesota `oA4J - 651.280.6800•Fax 651.280.6899 T.APBn�� www.eifarmington.mn.us 2017 Hill Dee Park and Jim Bell Park and Preserve Basketball Court Improvement Project Specifications LOCATION The repair and resurfacing work on two full court basketball courts should be completed in the following locations: • Hill Dee Park with a physical address of 5535 Upper 182nd Street West.All equipment used during the project in Hill Dee Park shall access the park from Lower 182nd Street West,which is located on the north side of the park adjacent to the basketball court. • Jim Bell Park and Preserve with a physical address of 4555 195th Street West. All equipment used during the project in Jim Bell Park and Preserve shall access the park either from 189th • Street West,which is located on the north side of the park or from the 190th Street West cul- de-sac,which is located just to the west of the park. Included with this packet is a map showing the location of the parks in the city of Farmington.There is also park master plans included showing the general location of the frill court basketball court in the parks. IL AMBIENT CONDITIONS A. Do not apply asphalt basketball&multi-purpose court cushioned surface color coating system when air or surface temperatures are below 50 degrees F during application or within 24 hours after application. B. Do not apply asphalt basketball &multi-purpose court cushioned surface color coating system when rain is expected during application or within 24 hours after application. III. SCOPE OF WORK A. Preparation of Existing Surface • Existing asphalt surface will be pressure washed with at least a 3,500 PSI pressure washer in order to remove delamination and promote a clean surface for better adhesion of materials used in the repair and resurfacing of the basketball court surface. • Power-clean with an industrial blower and manually scrape court surface. • Flood existing court surface and locate areas holding more than 1/16 inch of standing water. • Patch low areas with acrylic deep patch using acrylic patch binder material according to manufacturer's specifications. Blend and reapply as needed to eliminate low areas. • Fill cracks with acrylic emulsion elastomeric crack sealant applying according to the manufacturer's specifications. 4 • Reapply crack sealant until flush with existing surface B. Crack Filler/Sealant • • Fill all cracks in asphalt pavement up to 1 inch wide using a 100 percent acrylic emulsion trowel-grade crack filler according to manufacturer's specifications. • Reapply crack filler if needed until flush with existing surface • Reapply crack sealant until flush with existing surface C. Resurfacing Filler Course and Application: • Repair cracks, depressions,and surface defects in accordance with manufacturer's • instructions before application of filler course. • Apply 100 percent acrylic emulsion resurfacer or equal according to manufacturer's • specifications • Apply resurfacing material with a Silica Sand(70/20 blend) • Apply at least two resurface filler courses, or more if needed, in order to ensure the surface repairs are flush and smooth to adjoining surfaces. • AIlow material drying times in accordance with manufacturer's instructions before applying other materials or opening completed surface to foot traffic. D. Basketball Court Finish Color • Do not apply paint coats until the manufacturer's specifications are met for drying/curing time of resurfacing materials that have been applied • Using acrylic or better paint,first apply texture coat according to manufacturer's specifications • After properly drying, apply a second coat of acrylic finish court paint or equal according to manufacturer's specifications • Apply paint in the free throw lane and three point areas in a maroon or similar color • Apply paint on the remainder of the court area in a green color • Apply paint in the center circle area in a maroon or similar color E. Line Markings • Apply painted basketball court lines including all free throw lane markings,three point line and out of bounds line(if there is room)in a 2 inch line using white acrylic emulsion paint • Lines should be marked in_accordance with the NFHS Rules for high school basketball III. POWER AND WATER ACCESS A. There is no electrical service to the parks. Contractor should make arrangement to supply their own power for equipment through the use of a portable generator or other means. B. There is no water source in the parks. The city will provide a water truck that contains a 250 gallon tank if needed, 5 t404iy,1City of Farmington 430 Third Street j. .�, Farmington,Minnesota 651.280.6800•Fax 651.280.6899 4Sr'APMN�S`l' www.ci.farmingtonann.us 2017 HILL DEE PARK ANT) JIM BELL PARK AND PRESERVE BASKETBALL COURT IMPROVEMENT PROJECT QUOTE SUBMITTAL FORM Submit your company's quote below on the form.Your project quote should include all costs and Minnesota sales tax associated with completing the project.The deadline to submit your quote is on or before 10:00 a.m.on Friday, April 14,2017. Quotes must be submitted in a sealed envelope with the following title on the front of the envelope: "2017 Hill Dee Park and Jim Bell Park and Preserve Basketball Court Improvement Project". Company Information: The undersigned,being familiar with local conditions,having made the field inspections and investigations deemed necessary,having studied the specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof,hereby propose to furnish all labor,tools,materials,skills,equipment and all else necessary to completely construct the project in accordance with the specifications identified previously. In submitting this quote,it is understood that the Owner retains the right to reject any and all quotes and to waive irregularities and informalities therein and to award the contract to the best interests of the Owner. In submitting this quote,it is understood that payment will be by cash or check. It is understood that quotes may not be withdrawn for a period of 60 days after the deadline date and time set for the quotes to be received.It is understood the owner reserves the right to retain the three lowest quotes as determined by the Owner for a period not to exceed 60 days after the date set for the opening of quotes. Submitted By: (a Corporation) Company (an Individual) (Circle one) (a Partnership) By Title Address City,State,Zip Code Telephone Email Address Lump Sum Quote Amount 6 Hill Dee Park Location Map 1t �. eft ' ) ; ' . sallitaligh 11011111..11,11.,,,griat rs 1 t .. r . . . t .— ' ,L ••• t" T t ...11,,, Cr.i ', 5 11,7i :•-,-.2,--r• 9 r 1 u L' re EVENTIDE- E 1 ` ! ,1 tiRII' A 1111 ti 1 . _ r I•rd ra.`• y ii... A. I. 82ND MT' • R * iRA�fil "or MERALD¶ F 1KLPIC3182 NDE 5J • ' '1 . g . I "i% ii ... P . LI ',4r 183RD i:ilk March 22, 2017 1:4,800 0 225 450 900 ft 1 r r ,' 1 I I 0 65 130 260 m Property Information Disclaimer.Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. Jim Ball Park and Preserve Location Map r J(JLI ., ? j IL'°`^ h'.__ \ PAF 'IT . ,� i� rili�•v�iaf if �� '- • ' ,fir 'I CI l lal I t_ I - . ,•:,,,,.9%,. J ,.,.....'. ...._<fr! • i . , ,!....-2., , ._._, eV''"."'',r "k- '''. - 4,••—.,...).' - VI- 1i` `S t td�! ` •r P • t • '., y ,R,,, - '.! 1.I.-. , -f +„ 1 ` •'. • '�'it 'f-t .1: a/y' A \- IClLlti'OpfM1i f J (�t\ {�iLfi.Y1y�C, �i ., r 4 �> r �� �•� ��YJ il'Mt Or,r , r .mac' 1__ �r ��., , ? '� L ° ai. �\ Itir ( I licil.:.1.,...,4 1LYJa1/A pi_4,�, ' •• M` a r/\'` 1 F ,LNIN a •- w ,�. ` test ty - St\ `�'' GLEtJ')PEPJ t' ,.v r,AO 1' . • G ; t 'Au a 1 „M r _ i ' t 1 r,-,. 401((pt,i' ef' (.•21 11'N k 0 II.: •12, , j LA..] Si 13�� `'.� I 1 J2, i �, ,• 1 , . .. 4 ems S t iv ` .:.1"."1 i"-. R 5 . :1._ ...) ' ' • - Asc.— . sc— i . I. : , .,,,- - ,...•- • i\ii.-11—z;-- ' , ''' IFAil • . .J I eiAtly . I - t p` �„�-k I`TA/:IZY Crr �. ,� ‘�i- p � z' T 1 .•r ,.r ,. �l ^, '4� ,rr f, t. L70.Y rrre[�' v. _ r� '(i �, Jr alL G 0 47 , � . f- . Y i 3 q-1 - 9- TiIdE.', �1f ;0 1 {; i \ A C. ©i�rglrJ i� te e_ c'1=A March 22, 2017 1:9,600 0 437.5 875 1,750 ft 4 I 4 5 5 5 ll 0 135 270 540 m Property Information Disclaimer.Map and parcel data are believed to be accurate,but accuracy is not guaranteed.This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. .1/4tRN4 City of Farmington 430 Third Street F a uington, Minnesota 651.280.6800 -Fax 651.280.6899 .,,peasos. www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Agreement to Construct Prairieview Park Concrete Playground Border and Bench Pads DATE: May 1, 2017 INTRODUCTION The city council previously approved the purchase of new playground equipment for Prarieview Park at its March 20, 2017 meeting. The new playground equipment has since been ordered. A map showing the location of Prairieview Park is included with this memo. DISCUSSION The existing playground equipment, which will not be removed, has a concrete border around it. It is a B612 concrete curb,which has a height of six inches. Because of the height of the curb it will not be compatible with the new concrete border that will be installed at grade with a flat surface and will be 3 feet wide. The new concrete border will be a larger circumference in order to accommodate the additional new playground equipment to be installed. The existing B612 concrete curb will be removed by staff prior to the new concrete border being installed. After the playground equipment has been installed and wood fiber safety surfacing material has been placed, the new concrete playground border and concrete pads for three park benches will be constructed. Work by the contractor hired will include the preparation of a Class 5 base, installing forms, and pouring and fmishing the concrete border and bench pads. After the concrete has adequately cured, park maintenance staff members will backfill around the finished border, then finish grade and seed the area to be restored. Staff solicited quotes from 17 contractors to construct the concrete playground border and three bench pads. Six contractors submitted quotes for the project. Attached is Exhibit A, a tabulation form showing the quotes received. The low quote submitted by Erickson Construction of Lakeville, Inc. from Lakeville, Minnesota was in the amount of$9,920.00. The contractor performed this same work at Fairhills Park in 2014 and in Troy Hill Park in 2015, so is very familiar with the project work. The expected life expectancy of the concrete playground border is approximately 30 years. One of the city council's priorities is to provide core government services at a high quality level. Approving the agreement form with Erickson Construction of Lakeville, Inc. to construct the concrete playground border allows the city to provide a park system at a high quality and safe level. BUDGET IMPACT The 2017 Park Improvement Fund budget for Prairieview Park included$10,000.00 to cover the cost of the concrete playground border and bench pads to be installed. The low quote submitted is under the estimated budgeted amount. As a result of this project the Park Improvement Fund balance will be just over$150,000. ACTION REQUESTED Staff is requesting the city council approve the attached agreement with Erickson Construction of Lakeville, Inc for installation of the Prairieview Park concrete playground border and three concrete pads for park benches, so the work may be completed this year. ATTACHMENTS: Type Description D Backup Material Prairieview Park Location Map D Exhibit Exhibit A Project Quotes Tabulation Form D Contract Agreement Form Prairieview Park Location Map yy• r , • �i.,. 1 l■ ,i-: 1 , ar ,, k li ` �' r ' •►6... 11 ```+ ' v, l.. I . rr-r WU7F .1, i .1 [ � r,. p•PC. 101 r-p a nir� ERS C ' `r g �k , _ , ,h.:111-TA-aa tsar.' *41-...ti �it 'il — _ i v 1 ..�,w.. .,,krr',_x '..T.,. ...,..ii &MEL" u S-A:id ■SZ ' i., {!�. 'S 2a5;zs p.�eCC E�iiir a®� , t iiI A • • �Jl.i_YYir....... ,ILE IV IL: t 4'/ IP QL. . 31ialrih- r'Iy;-s eziI • I_ r" l lgm ='{ y NEER. Afi, its.• i IT a.' .> -1,. l+� L�L411 u.- all W.A.. z,.'J,AlL� C ,' .i i'lE'PEW . ti N S s. s •! 4tia „.Ll..L' 1.-'.46:41.-'.46:4..iTEF?W4f" 411L • �� ! mews • • t. t'1 ' rt routs � -17- REE/114ASf ii i ? dl E *L d rr: „" r.,wq e. ..J� ... .� ,Hsi1/4 .... 99 + +�1 fir ` 116, ' . ' iTi1i �* . } I ,_ _ . - iii , "'Ill' ' I 7 . I • if. 141ZIEJ . 7 .' . - -,, '.' Z.!? . -- a ywyii ' ''1 • moi.Mgr,►'I ‘1., . t 1..- y 4 L; ijfl ! !ji1i may,.�,.�. .tlrl0 15: . 1 01 : - - lfill11111101711 tkrillfritt '...,:. : ':1 * . . , . tit '# . i' III *Atli• - f is 11' IN�"`._'iriigagilli t T . milli .2 a•.. ,3ii fi. -1,, January 13, 2017 1:9,600 0 437.5 875 1.750 ft 0 135 270 540 m Property Information Disclaimer Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. EXHIBIT A 2017 Prairieview Park Concrete Playground Border and Bench Pads Quote Tabulation Form Name of Contractor Quote Submitted Erickson Construction of Lakeville, Inc. $9,920.00 Pat's Concrete and Bobcat $10,390.00 Oelke Concrete, LLC $11,916.00 JWS Construction, LLC $13,095.00 Kamida, Inc. $15,672.00 Stapf Concrete Construction, Inc. $18,907.00 • AGREEMENT AGREEMENT made this j` day of .32y , 2017, between the CITY OF FARMINGTON, a Minnesota municipal coioration ("City"), and ERICKSON CONSTRUCTION OF LAKEVILLE,INC.,a Minnesota corporation("Contractor"). IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED,THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. Contractor Proposal submitted April 21,2017,attached as Exhibit"A." C. Request for Quotes 2017 Prairieview Park Concrete Playground Border and Bench Pads Project,attached as Exhibit"B". In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document"C"having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods,services,and perform the work in accordance with the Contract Documents. 3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance with the bid. 4. SOFTWARE LICENSE. If the equipment provided by the Contractor pursuant to this Contract contains software,including that which the manufacturer may have embedded into the hardware as an integral part of the equipment,the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 5. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 6. TIME OF PERFORMANCE. The Contractor shall complete its obligations on or before September 30,2017. 7. PAYMENT. a. When the obligations of the Contractor have been fulfilled,inspected,and accepted, the City shall pay the Contractor$9,920.00. Such payment shall be made not later than thirty(30) days after completion,certification thereof,and invoicing by the Contractor. b. No final payment shall be made under this Contract until Contractor has satisfactorily established compliance with the provisions of Minn. Stat. Section 290.92. A certificate of the commissioner shall satisfy this requirement with respect to the Contractor or any subcontractor. 8. EXTRA. SERVICES. No claim will be honored for compensation for extra services or beyond the scope of this Agreement or the not-to-exceed price for the services identified in the proposal without written submittal by the Contractor, and approval of an amendment by the City, with specific estimates of type, time, and maximum costs, prior to commencement of the work. 9. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 471.25, Subdivision 4a,the Contractor must pay any subcontractor within ten(10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent(11/2%)per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees,incurred in bringing the action. 10. WORKER'S COMPENSATION. If Contractor does public work,the Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 11. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract,with the City included as an additional name insured by endorsement: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate,products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of three (3)years after final payment and Contractor shall continue to provide evidence of such coverage to 2 City on an annual basis during the aforementioned period;or if any reason Contractor's work ceases before final payment,for a minimum period of three(3)years from the date Contractor ceases work. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) Contractual Liability(identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury,with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability(owned,non-owned,hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 12. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act,including but not limited to the civil remedies of Minnesota Statutes Section 13.08,as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement.. 13. RECORDS. Contractor shall maintain complete and accurate records of expenses involved in the performance of services. 14. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and 3 equipment which may develop in any part of the contracted service,and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. The Contractor further warrants to the City that all goods and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold, This warranty is in addition to any manufacturer's standard 'warranty y,and any warranty provided by law. 15. NONDISCRIMINATION. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract, 16. INDEMNITY. The Contractor agrees to defend,hold harmless,and indemnify the City, its officers, agents,and employees,for and against any and all cla' ►s, demands,actions,or causes of action, of whatever nature or character, arising from the Consultant's performance of work or services provided for herein.The Contractor shall take all reasonable precautions for the safety of all employees on the site and shall provide reasonable protection to prevent damage or .loss to the property on the site or properties adjacent thereto and to work, materials and equipment under the Contractor's control. 17. WAIVER. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party,whether of the same or any other covenant, condition, or obligation. • 18. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 19. SEVERABILITY. If any provision,term, or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions of this Contract, unless such invalid or unenforceable provision, term, or condition • renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties'entire contract. 20. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties and is a final,complete, and all inclusive statement of the terms thereof,and supersedes and • terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. 21. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Contractor, In the event of termination, the City shall be obligated to the Contractor for payment of amounts due and owing for materials provided or for services performed or furnished to the date and time of termination. 4 Dated: . c, / , 2017. CITY OF FARMINGTON By: Todd Larson,Mayor 1:1 By: O -�-N` David McKni 11 Ci Administrator Dated: ` 3 0 ,2017 CONTRACTOR: ERICKSON CONSTRUCTION OF LAKEVILLE,INC. By: r ,'4/ ., ct.�°Kf- 5 p4421111kt k �yCity of Farmington 430 Third Street Farmington,Minnesota �/ 651.280.6800•Fax 651.280.6899 f01)- 'A rnos,53' www.ci.farraingtonann.us 2017 Prairieview Park Concrete Playground-Border and Bench Pads Project Proposal Form Due by: 10:00 a.m.Friday,April 21,2017 Randy Distad. City of Farmington 430 Third St • Farmington,MN.55024 Interested Contractors The undersigned,being familiar with your local conditions,having made the field inspections and investigations deemed necessary,having studied the plans and specifications for the•work and being familiar with all factors and other conditions affecting the work and costs thereof,hereby propose to furnish all labor,tools,materials,skills,equipment all else necessary to completely construct the project in accordance with the plans and specifications on file. All unit prices shall include all applicable sales taxes. I. PROPOSAL • Main Items Unit Qty. Unit Price Totals 1. Mobilisation LS 1 $ $ 2. Aggregate Base(Class 5) Ton 80 $ $P940,40 3. Reinforcing Rebar Material LS .1 $ $ 3*-0.0 a.0 4. 4"Concrete Border and Bench Pads SF 1,308 $ $ '1g �.00 • Total Bid including Sales Tax(1+2+3+4) $ 9,9egio�114 Page 7 of 8 ORIN. City of Farmington ice 430 Third Street Farmington,Minnesota 14:N41,0100 e651.280.6800•Fax 651.280.6899 14r'A PAOI0W1'p www.ci.farmington.mn.us The City will open,tabulate and select the lowest quote.The City will contact by email the contractor submitting the lowest quote informing them they submitted the low quote for the project All other contractors submitting a quote will be notified by email that they did not submit the low quote for the project.Included with the email will be a tabulation form that compares all contractor quotes received by the City for the project. In submitting this quote,it is understood that the Owner retains the right to reject any and all quotes and to waive irregularities and informalities therein and to award the contract to the best interests of the Owner. In submitting this quote,it is understood that payment will be by cash or check. It is understood that quotes may not be withdrawn for a period of 60 days after the date and-time set for the opening of quotes. It is understood that the owner reserves the right to retain the three lowest quotes as determined by the Owner for a period not to exceed 60 days after the date set for the opening of quotes. Submitted by: • //DQ r /, Circle One F"j(',/e-.Soh Lvl?.S 1./14344 o Lke 14/ . a Corporation Companyne an i• vidual) (a Partnership) o;K By ?r-e4/ eitsE (760/4e4--' Title Address fh 4) A/ ' City,State,Zipf code �j j,�i Q —011�_290/ 6791?-4a-0.019V Telephone Email Address Page 8 of 8 ARM/ City of Farmington 430 Third Street Farmington,Minnesota °o,'��o4 651.280.6800•Fax 651.280.6899 "�0oo www,ci.farmington.mn.us FARMINGTON PARKS AND RECREATION DEPARTMENT 2017 PRAIRIEVIEW PARK CONCRETE PLAYGROUND BORDER AND BENCH PADS PROJECT REQUEST FOR PROPOSALS MARCH 28, 2017 oc City of Farmington ; 430 Third Street , Farmington,Minnesota /o/ 651.280.6800•Fax 651280.6899 A PROO www.ci.farmington.mn.us • I.Introduction: The City of Farmington Parks&Recreation Department is accepting proposals from interested parties for the construction of a concrete playground border and three(3)concrete park bench pads in Prairieview Park II.Prairieview Park Location: Prairieview Park is located at 1100 12th Street,Farmington,MN 55024. The construction entrance to Prairieview Park can be accessed from either the south side of Hickory Street or from the west side of 12th Street.See attached map for access locations.All equipment used by the contractor should access the park site via these park entrance points. III.Project Completion: The playground equipment will not be installed until mid to late July. It is estimated,depending on weather,the contractor hired will be able to begin construction in early August.All work associated with this project shall be completed on or before September 30,2017. IV.Rejection of Quotes: The City of Farmington reserves the right to reject any and all quotes,to waive irregularities and informalities therein. • V. Site Visits: You may arrange a visit to the site if you wish by contacting the following Parks and Recreations Department staff person: Randy Distad Parks and Recreation Director 430 Third Street Farmington,MN 55024 651-280-6851 Email: rdistad@ci.faimington.mn.us VI.Insurance Requirement: Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract,with the City included as an additional name insured by endorsement: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate,products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of three(3)years after final payment and Contractor shall continue to provide evidence of such coverage to City on an annual basis during the aforementioned period;or if any reason Contractor's work ceases before final payment,for a minimum period of three (3)years from the date Contractor ceases work. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) Page 2 of 8 009y� City of Farmington 430 Third Street Farmington,Minnesota f 651.280.6800•Fax 651.280.6899 4#1.•APROO' www.cilarmington.mn.us Contractual Liability(identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury,with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability(owned,non-owned,hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence VII.Submitting Quotes: Contractors interested in submitting a quote must submit a quote on the attached Quote Submittal Form. See attached document that provides project specifications in more detail. The City will open,tabulate and select the lowest quote based on the overall total cost to construct the border and park bench pads. The City will provide notification to all contractors who submit a quote for the project notifying them of the results of the quotes received for the project. Deadlines to submit a quote shall be Friday,April 21,2017 on or before 10:00 a.m.AU work associated with project shall be completed on or before September 30,2017. Your quote must be submitted in a sealed envelope with the following title: • "2017 Prairieview Park Concrete Playground Border and Park Bench Pads Project" and should be submitted to the following Parks and Recreation Department staff person: Randy Distad Farmington Parks&Recreation Department 430 Third Street Farmington,MN 55024 Phone: 651-280-6851 Email: rdistadc ci.farmington.mn.us Page 3 of 8 • Aim* City City of Farmington � p 430 Third Street , ^xi Farmington, Minnesota GSA R.'�ti PRO'S* 651.280.6800•Fax 651.280.6899 'A www,ci.farmington.mn.us Specifications of Work to be Completed in Prairieview Park T. Location/Directions Prairieview Park's physical address is 1100 12th Street.An attached map shows the park location in the city. n. Specifications A. Curb Protection The Contractor shall protect with proper material the face of all curbs(if any)that are driven over to access the construction sites.The contractor shall remove this material when the project work has been completed. B. Site Preparation for New Border The City shall work with the contractor to set the border elevation.It is likely with this project that the base material will be placed on top of existing grade and then the concrete border will be poured on top of the base in order for the top of the concrete border height to be at least 12 inches higher than the base of the elevation of where the new playground equipment will be installed.Any existing concrete border that will need to be removed will be completed by city staff after a meeting with the contractor has occurred to transition the new concrete border into the existing concrete border.The contractor shall be responsible for preparing the base for the new concrete border and pads for the park benches. C. Base The Contractor shall place eight inches of 100%crushed limestone Class 5 material for the new concrete border and eight inches of 100%crushed limestone Class 5 material for the concrete pads for the park benches on top of the existing grade. The Contractor shall compact the playground border base and it shall be 4 feet wide after it has been compacted. Once adequately compacted then the new concrete border will be poured on top of the base.This will allow about six inches of base material width on both sides of the concrete border to remain without concrete on it. D. Concrete Playground Border Construction 1. Concrete Mix The concrete mix shall be in accordance to MN/DOT Specification 2461. The mix design and classification shall be 3Y32A for sidewalk areas. The concrete mix used should be rated at a minimum of 4,000 psi. 2. Dimension Measurements The concrete border should be formed with 2 x 4 lumber in the dimensions identified so the thickness shall be at least 3 and one-half(31/2)inches.The concrete border shall be 36 inches wide.The inside edge of the concrete border's width will measure 80 feet and the inside edge of the concrete border's length will measure 122 feet.The concrete playground border shall be approximately 404 linear feet in running length. Drawings are attached that further illustrate the concrete playground border location,width,length and design. The border should not contain any right angles at corners but instead shall curve or arc around the corners of the border. 3. Slope The concrete border should have at least a one degree cross slope away from the playground equipment so water collected on the concrete drains away from the playground equipment. Page 4 of 8 �p�FARMjy�p City of Farmington � 430 Third Street ., Farmington,Minnesota '�.AMP,4 651.280.6800•Fax 651280.6899 www.ci.farmington.mn.us 4. Reinforcement: Rebar reinforcement shall conform to the Standard'Specification for Rebar for Concrete Reinforcement of ASTM A6I51A615M:Deformed and plain carbon-steel bars for concrete reinforcement. #4 rebar shall be placed in a 24 inch by 24 inch grid. The rebar shall be placed as much as possible in the middle of the concrete poured.Maintain at least 5 inches of clearance between the outside edge of the border and any rebar. E. Concrete Pad Construction for Three(3)Park Benches: 1. Base The Contractor shall place eight inches of 100%crushed limestone Class 5 material for the concrete bench pads for the park benches on top of the existing grade. The Contractor shall compact the bench pad base and it shall be 4% feet wide after it has been compacted by 9 feet long. Once adequately compacted then the new concrete border will be poured on top of the base.This will allow about six inches of extra base material width on the outer width and length edges of the base for the bench pads to remain without concrete on it. 2. Concrete Mix The concrete mix shall be in accordance to MN/DOT Specification 2461. The mix design and classification shall be 3Y32A for sidewalk areas. The concrete mix used should be rated at a minimum of 4,000 psi. 3. Preparation of Concrete Pads and Dimension Measurements There should be three concrete pads poured for park benches.Locations of the concrete park bench pads are shown on the attached playground drawing.The concrete pads should measure four feet wide by eight feet long. The pads should be formed with 2 x 4 lumber in the dimensions identified so the thickness shall be at least 3 and one-half (3Y2)inches.The concrete pads can be poured so they are incorporated into the concrete playground border but will be located on the outside of the playground border.If the concrete pads are poured separately from the border,then an expansion board should be placed between the concrete bench pad and the playground border.Forms should be removed within but no later than 48 hours of pouring the concrete. 4. Slope The back edge of the concrete pads for the park benches should be poured so there will be least an overall 1%slope from the front of the playground border to the back of the pad. 5. Reinforcement Rebar reinforcement shall conform to the Standard Specification for Rebar for Concrete Reinforcement of ASTM A615/A615M:Deformed and plain carbon-steel bars for concrete reinforcement. #4 rebar shall be placed in a 30 inch by 30 inch grid. The rebar shall be placed as much as possible in the middle of the concrete poured.Maintain at least 8 inches of clearance between the outside edge of the slab and any rebar. 6. Park Bench Installation The City will install the park benches on the concrete pads once they have adequately cured. • • Page 5 of 8 • Yo4�kV/ City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800•Fax 651.280.6899 www.ci.farmington.mn.us F. Pouring,Finishing and Clean Up 1. Pouring and Finishing The concrete border should be a continuous pour with a contraction joint every twelve(12)feet.Each panel shall be no more than twelve(12)feetin length.Contraction joints shall extend to approximately one inch depth and shall be approximately 1/8 inch wide. 2. Site Clean-Up All excess concrete not used in the project that is contained in the concrete truck and is cleaned out of the concrete truck after the concrete has been poured cement shall be removed by the contractor. Under no circumstances should any excess concrete or material remaining in the chute be cleaned out from the truck onto any public or private property. All clean out concrete material should be disposed of in an environmentally safe manner.Any forms and/or other materials generated from the construction of this project shall be removed by contractor.If farms are used they shall be pulled.After all forms are pulled and contractor has completed the site clean up work, the Parks and Recreation Director shall inspect the site for proper clean up.If the site needs additional clean up the contractor will be contacted by phone and given one week to complete clean up. If the clean up still does not meet the satisfaction of the Parks and Recreation Director; 10%of the quote amount shall be retained until the site has been satisfactorily cleaned up. 3. Site Restoration After the concrete has adequately cured,the City will backfill with soil along the back edge of the concrete border in order for the grade of the border to match with the existing grade of the turf areas.Once the baclfllling has been completed the City will then seed the disturbed areas and apply an erosion control method. G. Underground Utilities Location: 1, Utility Locates Responsibility The Contractor shall be required to place the Gopher One call for locating underground utilities. • • Page 6 of 8 4iM41/ City of Farmington 430 Third Street -"x= Farmington, Minnesota A' 651.280.6800•Fax 651.280.6899 www ci.farmington.mn.us 2017 Prairieview Park Concrete Playground Border and Bench Pads Project Proposal Form Due by: 10:00 a.m.Friday,April 21,2017 Randy Distad City of Farmington 430 Third St Farmington,MN. 55024 Interested Contractors The undersigned,being familiar with your local conditions,having made the field inspections and investigations deemed necessary,having studied the plans and specifications for the work and being familiar with all factors and other conditions affecting the work and costs thereof,hereby propose to furnish all labor,tools,materials,skills,equipment all else necessary to completely construct the project in accordance with the plans and specifications on file. All unit prices shall include all applicable sales taxes. L PROPOSAL Main Items Unit Qty. Unit Price Totals 1. Mobilization LS 1 $ $ 2. Aggregate Base(Class 5) Ton 80 $ $ 3. Reinforcing Rebar Material LS 1 $ $ • 4. 4"Concrete Border and Bench Pads SF 1,308 $ $ Total Bid including Sales Tax(1+2+3+4) $ Page7of8 .41kRAiCity of Farmington 'A 430 Third Street fagk.,,, Farmington,Minnesota D 651.280.6800•Fax 651.280.6899 moo- www ci.farmington.mn.us • The City will open,tabulate and select the lowest quote.The City will contact by email the contractor submitting the lowest quote informing them they submitted the low quote for the project.All other contractors submitting a quote will be notified by email that they did not submit the low quote for the project.Included with the email will be a tabulation form that compares all contractor quotes received by the City for the project. In submitting this quote,it is understood that the Owner retains the right to reject any and all quotes and to waive irregularities and informalities therein and to award the contract to the best interests of the Owner. In submitting this quote,it is understood that payment will be by cash or check. It is understood that quotes may not be withdrawn for a period of 60 days after the date and time set for the opening of quotes. It is understood that the owner reserves the right to retain the three lowest quotes as determined by the Owner for a period not to exceed 60 days after the date set for the opening of quotes. Submitted by: Circle One (a Corporation) Company (an Individual) (a Partnership) . By Title Address City,State,Zip Code Telephone Email Address Page8of8 PRAI.R.IEVIEW PARK CONCRETE PLAYGROUND BORDER PROJECT CONCEPT DRAWING 9 TOP VXEW(Not to Scale) 4 incf.. eaceeSS exres5 ‘A-Se c; I ---- Erg f% ) r-1 , ra �l �- , ,I c "N •�j .[ 1 7 Q. - 3 4 co kle ,.:? • s .� .. eot creme . �" ` b6r4er -?, , I F1 P 1 �`' _ arm � 4 `f..#, n o� ' v., O.. ` a d I C JI .1 007e a r i rvr 664-* rte., r ode ei- . I PRAIRIEVIEW PARK CONCRETE PLAYGROUND BORDER PROJECT CONCEPT DRAWING CROSS SECTION VIEW(Not to Scale) eV -may r n, • / � Y p AKI ,01 007„ ciciSked c- /rade, °iconic, rile4614I • • 1 PRAIRIEVIEW PARK CONCRETE BENCH PAD PROJECT CONCEPT DRAWING ; TOP VIEW(Not to Scale) foie CX4ieSf b iet an e$1Cce55 c� ' o3 'co11a2 17.76'41 V d . Pc i rit . <p1 ami 11 o"1 t�"4. OF it K.of 1) o ar 4 AcG CO1Cr�e 0 ,,p.g ev panS L rJed M boare, u (•�-n t, cc d �Q' s ce 8 �. , 01 ra Co 4 P ,„f� tit.. 6 d' c,- C6:Qe <`�A6 6 4 CkvS5 5e yy�► , dt•frt • �oARA►i f City of Farmington U 430 Third Street Farmington, Minnesota `G. 651.280.6800 -Fax 651.280.6899 -.A n'") WWW.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Jim Larsen, Fire Chief SUBJECT: 2016 Fire Department Annual Report DATE: May 1, 2017 INTRODUCTION The Farmington Fire Department is a full service, all hazards department providing fire and rescue services to the city of Farmington and the townships of Castle Rock, Eureka and Empire. The department works effectively with other city departments and mutual aid partners to provide life saving services throughout our approximately 80 square mile service area. DISCUSSION Staff will present the department's 2016 annual report and discuss how its activities align with the city council's priorities. Staff will answer questions from the city council. BUDGET IMPACT None ACTION REQUESTED No action is required. This is informational only.