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Home My WebLink About07.07.08 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA PRE-CITY COUNCIL MEETING July 7, 2008 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER APPROVE AGENDA 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA 5. STAFF COMMENTS 6. ADJOURN PUBLIC INFORMATION STATEMENT ounci/ workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of aformal City policy position. Only official Council action normally taken at a regularly scheduled Council meeting should be considered as aformal expression of the City's position on any given matter. City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING JULY 7, 2008 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Minnesota Association of Government Communicators Award 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (6/16/08 Regular) b) Adopt Resolution - Approve Gambling Premise Permit - Administration c) Adopt Resolution - Approve Gambling Premise Permit - Administration d) City Administrator Evaluation Summary - City Attorney e) School and Conference - Parks and Recreation t) Adopt Resolution - Approve Grant Agreement Dakota County Traffic Safety Group - Police Department g) 2nd Quarter Building Permit Report - Building Inspections h) 2nd Quarter Investment Report - Finance i) Service Agreement with Power Net Global- Human Resources j) Voice Over IP Lease Agreement - Human Resources (Supplemental) k) Approve Bills 1) Appoint Councilmember to Metro Cities GEARS Committee - Administration 8. PUBLIC HEARINGS a) Adopt Resolution - Vacate Easements Allina Medical Clinic - Planning 9. AWARDOFCONTRACT a) TH3 Roundabout Project - Engineering b) Spruce / 2nd Street Project - Engineering Action Taken Lena Larson Danielle Cahlander 52- Information Received Information Received Approved Pulled Approved Councilmember Pritzlaff 14. ADJOURN 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2008 Sealcoat Project Update - Engineering 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Police Bike Patrol- Administration 13. COUNCILROUNDTABLE City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING JULY 7, 2008 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Minnesota Association of Government Communicators Award . CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (6/16/08 Regular) b) Adopt Resolution - Approve Gambling Premise Permit - Administration c) Adopt Resolution - Approve Gambling Premise Permit - Administration d) City Administrator Evaluation Summary - City Attorney e) School and Conference - Parks and Recreation f) Adopt Resolution - Approve Grant Agreement Dakota County Traffic Safety Group - Police Department g) 2nd Quarter Building Permit Report - Building Inspections h) 2nd Quarter Investment Report - Finance i) Service Agreement with Power Net Global- Human Resources ~.~plBmrmt31) j) V oice Over IP Lease Agreement - Human Resources (Supplemental) k) Approve Bills Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 8. PUBLIC HEARINGS a) Adopt Resolution - Vacate Easements Allina Medical Clinic - Planning Page 12 9. AWARDOFCONTRACT a) TH3 Roundabout Project - Engineering b) Spruce / 2nd Street Project - Engineering Pagel3 Pagel4 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2008 Sealcoat Project Update - Engineering Page 15 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Police Bike Patrol- Administration Page 16 13. COUNCILROUNDTABLE 14. ADJOURN 7~ COUNCIL MINUTES PRE-MEETING JUNE 16, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, McKnight, Pritzlaff, Wilson Fogarty Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Brenda Wendlandt, Human Resources Director; Lee Smick, City Planner; Cynthia Muller, Executive Assistant 2. APPROVE A GENDA MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight asked if the amendment to the EDA compensation would be effective this year or next year. Mayor Soderberg thought it would be this year. Councilmembers Pritzlaff and Wilson assumed it would be next year with the Council raise. City Attorney Jamnik recommended it be effective next year for the new Council. Councilmember Wilson asked about the seeding estimate for the Hill Dee and Sunnyside neighborhoods. He did not want this to be the norm that the City repairs grass after the project is done. He felt it represents poor drafting ofthe contract for the project. City Engineer Schorzman noted other cities have also had problems with sod the last couple years. The cost to re-seed the boulevards in these areas is $10,830. City Administrator Herlofsky suggested allowing 60 days after the project is finished. Councilmember Wilson stated some residents may not like the fact that we assessed them for a project and they have the responsibility for watering. Councilmember Wilson asked about the cost for the Citywide IP Video Surveillance System. Human Resources Director Wendlandt replied there is not a cost estimate as the original estimate was under $100,000 and the bids received were significantly over that amount. Staff will be going out with a base bid for City Hall with alternatives. Councilmember Wilson asked if voice over IP is becoming more common. City Administrator Herlofsky replied yes, it will be part of the computer system. Human Resources Director Wendlandt stated the IT system can crash, but we will still have 1-1 Council Minutes (Pre-Meeting) June 16, 2008 Page 2 working phones. This will cut the monthly Frontier bill by $300/month. After five years the City will own the system. Councilmember Wilson complimented City Administrator Herlofsky for his work with ALF on providing contractual ambulance service. City Administrator Herlofsky noted Dennis Feller, City of Lakeville, did the majority of the work. Councilmember Pritzlaff asked about the seeding estimate for Hill Dee and Sunnyside and noted there are funds remaining in the projects to cover the cost of the seeding. He asked why so much money was left over. City Administrator Herlofsky stated the engineering costs were over estimated. If the money was not needed, it would be used to pay the bonds. Councilmember Pritzlaff stated we had to have someone redo the sod on Ash Street and now it is coming back on Elm Street. He asked why areas on Elm Street have not been repaired. City Engineer Schorzman stated there will be re-seeding on Elm Street, but it will be part of the project, not a separate issue. Councilmember Pritzlaffasked about the North Creek Park improvements and if we have the money to do this now. City Administrator Herlofsky replied we do have the money to do the work now, but it is Council's option to put it off. Councilmember Pritzlaff stated it is $48,000 and we have a tight budget. City Administrator Herlofsky noted this comes out of the park improvement fund, not the general fund. Mayor Soderberg pulled the Special Minutes of 6/9/08 to abstain. 5. STAFF COMMENTS City Administrator Herlofsky pulled the gambling premise permit for Farmington Youth Hockey as the fee has not been paid. He added item 7k) an addendum to the liquor license for Farmington Lanes to add a patio area. Regarding the ALF proposal, a provision will be added to the RFP to include blood draws to measure alcohol levels. City Planner Smick provided Council with an update to the Comprehensive Plan. The Met Council is late with their housing comments, but that portion looks good. City Administrator Herlofsky noted Farmington was the first City to have their Comprehensive Plan done and one of few to do it inhouse. We have received very positive comments on the work done by the Planning division. 6. ADJOURN MOTION by Pritzlaff, second by McKnight to adjourn at 6:46 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/YI~ Cynthia Muller Executive Assistant 1-2 COUNCIL MINUTES REGULAR JUNE 16, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Brenda Wendlandt, Human Resources Director; Lee Smick, City Planner; Cynthia Muller, Executive Assistant Audience: 4. APPROVE A GENDA Councilmember McKnight clarified item 7f) Amend Ordinance EDA Compensation will be effective January 1,2009. City Administrator Herlofsky pulled item 7e) Approve Gambling Premise Permit and added item 7k) On-Sale Liquor License Addendum. Mayor Soderberg pulled the June 9, 2008 Special Minutes to abstain. MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Pritzlaff, second by McKnight to approve the Consent Agenda as follows: a) Approved Council Minutes (6/2/08 Regular) b) Received Information May 2008 Financial Report - Finance c) Approved Fairhill Railroad Permit Agreements - Engineering d) Approved Seeding Estimate - Engineering f) Amended ORDINANCE 008-584 EDA Compensation - Administration g) Authorized Advertisement for Bids Citywide IP Video Surveillance System - Human Resources h) Approved Agreement North Creek Park Improvements - Parks and Recreation i) Received Information Metropolitan Council Informal Review - Planning j) Approved Bills k) Approved On-Sale Liquor License Addendum - Administration APIF, MOTION CARRIED. 1-3 Council Minutes (Regular) June 16, 2008 Page 2 MOTION by Pritzlaff, second by Fogarty, to approve Special Minutes 6/9/08. Voting for: Fogarty, McKnight, Pritzlaff, Wilson. Abstain: Soderberg. MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Allina Medical Clinic Preliminary and Final Plat - Planning The clinic site is surrounded by TH3 on the west, 213 th Street on the south, and 9th Street to the east. The clinic is planning to split the property in two lots. Easements need to be platted along with the vacation of some easements which will be brought to Council on July 7,2008. Anna's Banana's will build a 14,600 sq. ft. daycare facility on the north lot. There will be a playground along TH3 and they have received a variance to allow a 6 ft. tall wrought iron fence. All of the conditional use and site plan requirements have been met. Allina Medical Clinic will be built on the south lot. They are proposing a 13,468 sq. ft. clinic. There is no need for park dedication as that was taken care of through the Giles commercial addition. Contingencies include: 1. The satisfaction of any engineering and planning comments. 2. The applicant vacates the existing drainage and utility easements before the final plat is recorded. Councilmember Pritzlaff noted the groundbreaking was a while back and asked if this should have been done at that time. City Planner Smick replied Allina owns the entire property. They received approval of the site plan and conditional use which allows them to start grading once the grading plan is approved. MOTION by Fogarty, second by McKnight to adopt RESOLUTION R48-08 approving the Allina Medical Addition Preliminary and Final Plat with the above contingencies. APIF, MOTION CARRIED. b) Water Meter Replacement Project - Municipal Services Currently the City has 6,000 water meters in residences and businesses. There are three different types of water meters. It takes one staff person 7-10 days to read a quarter of the meters in the City. The Water Board has decided to upgrade all water meters that are not of a radio read type technology. This will allow all of the meters in the entire City to be read in half a day. In addition to the radio reads, there are 3,000 water meters in homes and businesses that are over 15 years old and need to be replaced to ensure the accuracy of billing for water consumption. Meters on the replacement schedule would be switched out at the same time as the radio reads. A contract has been awarded to SL Circle. They 1-4 Council Minutes (Regular) June 16,2008 Page 3 will be sending a letter to residents within 60 days outlining the replacement process. The project will take place over the next six months at no cost to the homeowner or business assuming all plumbing is operational. The new Orion radio reads will be good for 20 years and the meters would be good for 30 years. 11. UNFINISHED BUSINESS a) City Hall Budget Update -Administration Council received an updated budget for the new City Hall. Currently, 62% of the budget has been spent. Staff is expecting to move in early August. 12. NEW BUSINESS a) Lease Agreement Voice Over IP - Human Resources Along with moving to the new City Hall, the telephone system will be changed to Voice Over IP. The phone system will be provided through ShoreTel. The system will be able to operate even if the network system goes down. ShoreTel offered two lease options. One is a fair market value lease the other is a $1 buyout at the end of the lease period. Staff is recommending the second option which would be a 60-month lease and eventual purchase of the Voice Over IP system. The funding is included in the 2008 budget in the amount of $168,000. The estimated cost of the ShoreTel system is $103,000. The savings between Frontier and this system will save the City $300/month for the first five years and more after the IP system has been purchased. b) Approve Change Order Fairhills Slope Stabilization Project - Engineering After work stopped on this project for the winter, staff noticed more areas that needed to be patched along the trail. Staffheld discussions with the contractor to provide pricing for a complete reconstruct of the southern 2/3 of the trail rather than patching, leveling, and overlaying. The cost is $9,000 less than to patch the trail. The change order reflects the $9,000 deduction which offsets the first two change orders. MOTION by Fogarty, second by Wilson to approve the change order in the amount of -$9,152.24. APIF, MOTION CARRIED. c) Adopt Joint Resolution - Contractual Ambulance Service - Administration The concern is the ability to get people to work and have the staffing to meet the needs of the community. ALF has a 24-hour work day. There are 23-24 people who go out on calls. This requires people to work 3,000 hours per year as opposed to the normal 2,080. The other concern is quality care for the customer. The actual time spent on calls has risen to 25%. This does not include preparation time and clean-up afterwards. An option being presented to all City Councils is to put out a request for proposal to neighboring agencies to see if they would like to participate in providing services to the cities. There would be 12-hour shifts rather than 24-hour shifts and the ambulances will still be housed in the current locations. Councilmember McKnight asked if the 24-hour shift was the impetus to the change. City Administrator Herlofsky replied it is the issue of getting people to 1-5 Council Minutes (Regular) June 16,2008 Page 4 work. A l2-hour shift would be better. If we are part ofa larger organization, there would be better backup with neighboring agencies. We have a small organization and it would be better if it was larger. We have reached a point where the population requires a larger organization. The best way to do that is to contract with a larger organization. Councilmember McKnight asked if the neighboring organization would replace ALF or take over ALF. City Administrator Herlofsky stated there would be the same ALF Board and employees would be employees of the other agency. We would be more involved with contract management rather than the actual implementation. Councilmember McKnight asked if all options have been explored with employees to go to a 12- hour shift. City Administrator Herlofsky stated there have been two negotiations which were unsuccessful. MOTION by Wilson, second by Pritzlaffto adopt joint RESOLUTION R49-08 approving the budget and authorizing the ALF Ambulance Service to pursue and perhaps enter into a contract to provide contractual ambulance service. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Encouraged people to enjoy Rambling River Days. She was asked by someone from another city why the City does not mow in front of the Police Station. She felt the prairie restoration looked great, but suggested having signage to inform the public what that area is. Councilmember McKnight: Encouraged everyone to enjoy Rambling River Days. Council member Pritzlaff: He participated in several Rambling River Days events. Mayor Soderberg: There are a lot of events for Rambling River Days and encouraged residents to participate. MOTION by Fogarty, second by McKnight to recess at 7:42 p.m. and reconvene into Executive Session. APIF, MOTION CARRIED. 14. EXECUTIVE SESSION a) City Administrator Evaluation 15. ADJOURN MOTION by Fogarty, second by McKnight to adjourn and directed City Attorney Jamnik to prepare a summary of the City Administrator's evaluation. APIF, MOTION CARRIED. Respectfully submitted, ~/V?~ 'C;nthia Muller Executive Assistant 1-6 7/; City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator(jt Lisa Shadick, Administrative Services Director FROM: SUBJECT: Gambling Premise Permit - Farmington Lanes DATE: July 7, 2008 INTRODUCTION The Aliveo Learning Center, Inc. is requesting a Gambling Premise Permit at Farmington Lanes, 27 5th Street. DISCUSSION Pursuant to State Statute and pertinent City Code, an organization must first obtain a resolution from the City, granting permission for gambling to occur at a specific location. Aliveo Learning Center is requesting approval to conduct gambling activity at 27 5th Street. The appropriate application and fees have been received and the application has been reviewed. BUDGET IMPACT Gambling fees are included in the revenue estimates of the 2008 budget. ACTION REQUESTED Consider the attached Resolution approving a Gambling Premise Permit at Farmington Lanes, 27 5th Street. Respectfully submitted, ~ ;f Addd- Lisa Shadick Administrative Services Director 2-1 RESOLUTION NO. R -08 APPROVING A MINNESOT A LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR ALIVEO LEARNING CENTER 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 ih day of July 2008 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Premises Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, Aliveo Learning Center has submitted an application for a Gambling Premises Permit to be conducted at 27 5th Street, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Premises Permit for Aliveo Learning Center to be conducted at 27 5th Street is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the ih day of July 2008. Mayor Attested to the _ day of July 2008. City Administrator SEAL 2-2 7~ City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Council Members and City Administrator rJ' Lisa Shadick, Administrative Services Director FROM: SUBJECT: Gambling Premises Permit - Farmington Youth Hockey DATE: July 7, 2008 INTRODUCTIONIDISCUSSION Farmington Youth Hockey is requesting a Gambling Premises Permit at the Longbranch Saloon and Eatery, 309 Third Street and Gossips, 313 Third Street. Pursuant to State Statute and pertinent City Code, an organization must fIrst obtain a resolution from the City, granting permission for gambling to occur at a specifIc location. Farmington Youth Hockey is requesting approval to conduct gambling activity at 309 Third Street and 313 Third Street. The appropriate fees have been paid and the applications reviewed. BUDGET IMPACT Gambling fees are included in the revenue estimates of the 2008 budget. ACTION REQUESTED Approve the attached resolution for a Gambling Premise Permit for Farmington Youth Hockey at 309 Third Street and 313 Third Street. Respectfully submitted, ~ i1 ~4ddc- Lisa Shadick Administrative Services Director 3-1 RESOLUTION NO. R -08 APPROVING A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR FARMINGTON YOUTH HOCKEY ASSOCIATION 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 ih day of July 2008 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Premises Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, Farmington Youth Hockey has submitted an application for a Gambling Premises Permit to be conducted at 309 and 313 3rd Street, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Premises Permit for Farmington Youth Hockey Association to be conducted at 309 and 313 3rd Street is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the ih day of July 2008. Mayor Attested to the _ day of July 2008. City Administrator SEAL 3-2 7d June 23, 2008 To: City Council (jf From: Joel Jamnik Subject: Administrator Evaluation Summary Report Pursuant to the state's open meeting law (Minnesota Statutes 13D.05, Subd. 3) the City Council conducted a closed meeting as part of its June 16, 2008 Regular Council Meeting to evaluate the performance of City Administrator Peter Herlofsky. The law requires that at its next open meeting, the public body shall summarize its conclusions regarding the evaluation. The review of Mr. Herlofsky was conducted pursuant to the terms of his employment agreement with the City. Under that agreement, a review is to be conducted after six months of employment and annually thereafter. This review constituted Mr. Herlofsky's third review, and was conducted using a performance evaluation survey that each Councilmember fills out anonymously. A tabulation summary of that review is attached and incorporated as part of this required summary report. Mr. Herlofsky's demonstrated leadership and communication skills were noted by council members in their verbal comments. The Council evaluations indicated that Mr. Herlofsky was fully meeting expectations of the Council in all graded areas. There were no identified areas of deficiency or non-performance. Areas the Council indicated an interest in focusing on in the coming year were identifying personal goals for Mr. Herlofsky and emphasizing community strategic planning and economic development activities. At the conclusion of the evaluation, the Mayor suggested that the Council consider beginning discussions regarding the renewal and revision of the Administrator's contract and further suggested that Councilmembers Fogarty and Wilson be assigned to meet with Mr. Herlofsky to start the process and to bring any recommendations for change back to the Council. 4-1 For each area of responsibility upon which the City Administrator was evaluated, I show the average numerical rating as follows: I. Decision Making: 3+7+9+8+6 = 33 + 5 6.6 2. Analytical Ability: 6+7+7+6+4 = 30 + 5 6.0 3. Knowledge/Skill Level: 4+7+8+9+5 = 33 + 5 6.6 4. Quality of Work: 3+8+7+6+5 = 29 + 5 5.8 5. Time Management: 5+8+7+9+1 = 30 + 5 6.0 1380 Corporate Center Curve Suite 317 . Eagan,1'rIN 55121 6. Ethics & Professionalism: 4+9+9+8+3 = 33 + 5 = 6.6 651-452-5000 Fax 651-452-5550 w ..1 7. Communications/ Public Relations: 4+8+6+8+7 = 33 + 5 = 6.6 8. Accepts Responsibility: 3+8+9+6+6 = 32 + 5 = 6.4 9. Persistence & Flexibility: 6+7+6+8+5 = 32 + 5 = 6.4 10. Conflict Resolution: 4+7+6+7+3 = 27 -;- 5 5.4 II. Relationship with Supervisor: 4+7+8+9+5 = 33 -;- 5 6.6 12. Stress Management: 6+8+9+8+7 = 38 -;- 5 7.6 13. Initiative: 6+7+8+8+5 = 34 -;- 5 6.8 14. Teamwork/Cooperation: 5+8+6+7+6 = 32 -;- 5 6.4 15. Leadership: 5+7+9+8+2 = 31 -;- 5 6.2 16. Management Skills/Abilities: 5+8+7+7+5 = 32 -;- 5 6.4 17. Budget: 4+7+7+7+6 = 31-;- 5 = 6.2 4-2 7e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator () Randy Distad, Parks and Recreation Director FROM: SUBJECT: School and Conference DATE: July 7, 2008 INTRODUCTION The Minnesota Recreation and Park Association (MRPA) offers an annual state conference for park and recreation professionals. DISCUSSION The 2008 MRP A Annual Conference will be held at Craguns in Brainerd, Minnesota from September 24-28. Sessions will be held on topics such as recreation programming, therapeutic recreation, aquatics, park maintenance, park planning, facility maintenance and administration. A request is being made to send three staff members to attend this annual state conference at the full conference registration fee. The three staff members are: Kellee Omlid, Recreation Specialist; Missie Kohlbeck, Senior Coordinator and Randy Distad, Parks and Recreation Director. BUDGET IMPACT The early registration fee for the full conference, if registering on or before July 31 5t, is $325.00 for each person. After July 3151 the registration fee increases to $375.00. The full registration fee covers all educational sessions and meals during the conference. Since the conference site is approximately two hours away from Farmington, staff will be driving a City vehicle to the conference site and staying at Craguns. Cost per night is $125.00 per room. Ms. Kohlbeck and Ms. Omlid will be sharing a room in order to save on room costs. The following is the total estimated cost for three staff members to attend the MRP A Conference: . Conference Item Total Amount Travel (fuel) $75 Early Conference Registration $975 Hotel (2 rooms (jiJ 3 nights at $ 125/night) $750 TOTAL COST FOR CONFERENCE $1,800 Funding was approved in the Rambling River Center and Recreation Division budgets to cover the costs associated with the 2008 MRP A Annual Conference. ACTION REQUESTED By motion, approve this request. ~tful1y S~it':1t.-l) ~~,~ Parks and Recreation Director cc: Missie Kohlbeck Kellee Omlid 5-1 2008 Conference Attendance Report Name of Conference National Recreation and Park Association Annual Conference Staff Attending Randy Distad Date of Conference October 13-18,2008 Budget Amount Cost $1,250.00. $1,250.00 Budget Over (Dnde.! $0.0 Patti Norman October 13-18,2008 $1,250.00. $1,250.00, $0.00 Kellee Omlid i September 24-28, 2008 . .. "innesota Recreation and Park Association Annual Conference Total! $625.00 $600.00J ($25.00) $600.00 . $600.00] $0.00 $625.00 $600.00, ($25.00) $250.00 $229.00j ($21.00) $250.00 , $229.00: ($21.00) $400.00 . $229.00! ($171.00) $247.50 $165.00 ($82.50) $247.50 $165.00' ($82.50) $400.00 $470.00' $70.00 _~6,145~QQ~~$5, 787.00; ($~?8. ~ Missie Kohlbeck i September 24-28, 2008 . Randy Distad · September 24-28, 2008 . Kellee OmlidT March 11, 2008 In Design Software Workshop Patti Norman March 11, 2008 --.---.-r-.---- Missie Kohlbeck March 11,2008 Shade Tree Short Course Randy Bock Ted Novak . March 25 and 26, 2008 . ; March 25 and 26, 2008 i rational Playground Safety Institute Workshop' Randy Bock April 16-18, 2008 ------- -. ~_. , . . 5-2 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7-f TO: Mayor and Councilmembers Itr City Administrator lJI FROM: Brian A. Lindquist, Chief of Police SUBJECT: Adopt Resolution - Dakota County Traffic Safety Group DATE: July 7, 2008 INTRODUCTION The Farmington Police Department is seeking authorization to continue its participation in the Dakota County Traffic Safety Group. The attached resolution authorizes that participation. DISCUSSION In 2005 the Department of Public Safety, Office of Traffic Safety (OTS) recognized the Dakota County Traffic Safety Group as a valuable, cooperative enforcement effort. OTS awarded a significant grant that allowed funding for one major traffic operation per month in locations all over the County. Over the past several years, thousands of traffic tickets have been issued by the group. Hundreds of arrests for DWI, Warrants, and other serious driving violations have resulted from this cooperative effort. The Office of Traffic Safety has again made funding available and is entering into a grant agreement with the Dakota County Traffic Safety Group. Participation requires that the City Council of each City adopt the attached Resolution. ACTION REQUESTED Adopt the attached resolution authorizing participation in the Dakota County Traffic Safety Group. 6-1 CITY OF FARMINGTON RESOLUTION NO. 2008- A RESOLUTION AUTHORIZING THE CITY OF FARMINGTON TO ENTER INTO A GRANT AGREEMENT WITH THE DAKOTA COUNTY TRAFFIC SAFETY GROUP WHEREAS, the City of Farmington desires to participate in the Dakota County Traffic Safety Group Grant Project. WHEREAS, the State of Minnesota requires a resolution of the City Council to participate. WHEREAS, the City has entered into previous grants to provide increased traffic enforcement and educational activities. WHEREAS, the City has partnered with other Dakota County law enforcement agencies to increase traffic safety in the community. WHEREAS, the City will partner the 11 other government entities in Dakota County to increase traffic safety. WHEREAS, the City Councilors of the City of Farmington have duly considered this matter and believe that it is in the best interests of the City to enter into a grant agreement with the OTS through the DCTSG to provide enhanced traffic enforcement. NOW THEREFORE, BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. ADOPTED this Xth day of MMM, 200X , Mayor ATTEST: , City Clerk 6-2 City of Farmington 325 Oak Street. Farmin!rton. MN 55024 (651) 463-7111 Fax: (651) 463-2591 www.d.farmingtonmn.us 73 TO: Mayor, Council Members, City Administrator Ken Lewis, Building Official ~ rr FROM: SUBJECT: Second Quarter 2008 New Construction Report and Population Estimate DATE: July 7, 2008 INTRODUCTION The following report summarizes the new construction permits issued during the second quarter of 2008 and the second quarter population estimate. DISCUSSION Second Quarter Building Permit Information: During the second quarter of the 2008 building construction season (April pt through June 30th), the City issued 9 new single-family detached housing permits and 7 new multi-family permits, and 4 new duplex permits for a total of 20 new second quarter housing permits. Construction valuation for the single-family, multi-family and duplex homes totaled $3,548,000, respectively. Permits were issued for 2 new commercial projects. These were for the Allina Clinic and the Storage buildings on Canton Circle which have a valuation of $1,811,880. The average building valuation of the single-family home during the second quarter of 2008 was $204,344, up from $200,928 during the fIrst quarter of 2008. The average building valuation of the townhome units during the second quarter of 2008 was 155,215. The average building valuation of the duplex units during the second quarter of 2008 was $156,300. (Note that the valuation averages do not represent the average sale price or average market value of the homes in question, since they do not include the value of the lot or any amenities added to the home that are not part of the building code formula). Year-End Population Estimate: At the beginning of2003, City staff decided that each quarterly building permit report should also include an updated population estimate for the City of Farmington. After discussing several methods of calculating population, a decision was made to base our population estimates on CertifIcates of Occupancy rather than upon building permits. Building permit activity is not a "real time" reflection of actual population, given the "lag time" between the issuance of the permit and the actual occupancy of the dwelling unit (Le., the time required to construct, market and sell the home). Accordingly, staff started with the City population as of April 1, 2000 (as determined by the U.S. Census Bureau) and then determined the number of Certificates of Occupancy [C.O.s] issued by the City since that date. The number of C.O.s was multiplied by 2.95, which was (according to the 2000 Census) the average number of occupants per Farmington dwelling unit. The resulting calculations are as follows: 7-1 19,354 + 104 19,458 + 145 19,603 + 62 19,665 + 77 19,742 + 68 19,810 + 157 19,967 + 204 20,171 + 174 20345 + 145 20490 + 12 20502 + 142 20,644 + 124 20,768 +227 20995 + 77 21072 + 101 21,173 + 71 21,244 Estimated Population as of December 31, 2004 = 35 Certificates of Occupancy issued for the period from 1/1/05 to 3/31/05 X 2.95 Estimated Population as of March 31, 2005 = 49 Certificates of Occupancy issued for the period from 4/1/05 to 6/30/05 X 2.95 Estimated Population as of June 30, 2005 = 21 Certificates of Occupancy issued for the period from 7/1/05 to 9/30/05 X 2.95 Estimated Population as of September 30, 2005 = 26 Certificates of Occupancy issued for the period from 10/1/05 to 12/31/05 X 2.95 Estimated population as of December 31, 2005 = 23 units brought in by annexation for the period from 10/1/05 to 12/31/05 X 2.95 Estimated population as of December 31, 2005 = 53 Certificate of Occupancy issued for the period from 1/1/06 to 3/31/06 X 2.95 Estimated population as of March 31,2006 = 69 Certificates of Occupancy issued for the period from 4/1/06 to 5/30/06 X 2.95 Estimated population as of June 30, 200 = 59 Certificates of Occupancy issued for the period from 7/1/06 to 9/30/06 X 2.95 Estimated population as of September 30,2006 = 49 Certificates of Occupancy issued for the period from 10/1/06 to 12/31/06 X 2.95 Estimated population as of December 31,2006 = 4 units brought in by annexation for the period from 1/1/06 to 12/31/06 X 2.95 Estimated population as of December 31,2006 = 48 Certificates of Occupancy issued for the period from 1/1/07 to 3/31/07 X 2.95 Estimated population as of March 31,2007 = 42 Certificates of Occupancy issued for the period from 4/1/07 to 6/31/07 X 2.95 Estimated population as of June 31,2007 = 77 Certificates of Occupancy issued for the period from 7/1/07 to 9/30/07 X 2.95 Estimated population as of September 30, 2007 = 26 Certificates of Occupancy issued for the period from 10/1/07 to 12/31/07 X 2.95 Estimated population as of December 31,2007 = 34 Certificates of Occupancy issued for the period from 1/1/08 to 3/31/08 X 2.95 Estimated population as of March 31, 2008 = 24 Certificates of Occupancy issued for the period from 4/1/08 to 6/30/08 X 2.95 Estimated population as of June 30,2008 ACTION REQUIRED This item is informational in nature. No action is required Respectfully Submitted, ~,1euM Ken Lewis Building Officialy 7-2 en I-- ~ c::: W 0.. C> Z o ...J 5 !D ~ c::: w Ii: <( ::J o IVt I'. Ij,i I) It) Ii; I) 00000 NOOON'Goooool#ooooo'Poooooov ,iil I' 1') ; ~ ~ I~ ~ .) 1\ ;. I> i' ,)' I) y' I,>i ~~~m~l>v~oN~I~M~~ro~"roNroo~ ~~~mN~~m ~~~VNI)VMN~~I>~NNV~I;,MMNN~>~NN ~ ~ I~) ~ 1.; I! 1/ · ) -< -1/ -10 - -~ - ~~ ~I~ ~ ~ ~> ~; .l:> I-U) .l:> 1-1,' .l:> 1--1\ .l:> I-.l:> I-- '. .l:> I- a M;a vI) a ~I a m a ~ a rotf _~~~8F_~~~81>J~-~U~O ~~~=8 ~~~=8 ~~E5g ~NM~NIV~NM~NI:"~~M~~ ~NMVN)~NMVN>,~NMVN ~. C!; I' 8 :g ...... t; ........ :g o 0)0 0 ~ 0 ~ 0 "N j,N "N N ~ N ~ N o 0 I- I- 1)+ I~, ,,' ., I' "'." ~!n ',,';' ". 'i, ..... r\ ~ giS, 0000 0 i.~ 0 N ~ ~ V 00000 o 0 0 0 0' '.. 0 0 ~ 0 ~ ~ONOMI)o ?: :l:' F)!, \ 1\ i' ev .a i' z1iiA ,. I' -= ., i . , I.,...... - -0 .!!! ev -=~ ~.!!l -0", c:_ i 'E ev liH) Zo.. . , " , j I I 00000)000001 o~oo~IOOOOOI,O~OO~ 00000.0 '. .' I, I. '. . 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Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator ~ Robin Roland, Finance Director FROM: SUBJECT: Quarterly investment report - June 30, 2008 DATE: July 7, 2008 INTRODUCTION & DISCUSSION Pursuant to the City investment policy reporting requirements, the attached investment schedule reflects the City's holdings as of June 30, 2008. An analysis of the portfolio is also provided to reflect where the holdings are classified by investment type and maturity. One change should be noted: since March 31 S\ an additional money market account has been made available to the City. Anchor Bank offers a comparable fund to the 4M fund and for ease of administration, funds have been assigned to this instrument on an ongoing basis. The month end balance is incorporated into the report. Respectfully submitted, A~ Robin Roland Finance Director 8-1 CITY OF FARMINGTON INVESTMENT PORTFOLIO ANALYSIS Credit Risk Value Value Value 12/31/2006 12/31/2007 6/30/2008 PercentaQe PercentaQe Percentage Commercial Paper $ 4,566,578 29.0% $ 7,692,089 33.6% $ 3,201,523 20.1% Negotiated CD's 854,192 5.4% 1,532,283 6.7% $ 4,060,424 25.5% US Agencies 9,468,960 60.2% 11,456,267 50.0% 7,433,686 46.7% Municipal Obligations 300,413 1.9% 73,513 0.3% 54,949 0.3% Anchor Investment Pool 979,067 6.1% 4M Investment pool 546,209 3.5% 2,172,948 9.5% 197,011 1.2% Total Investments $ 15,736,352 $ 22,927,100 $ 15,926,660 Interest Rate Risk Value Value Value 12/31/2006 12/31/2007 6/30/2008 PercentaQe PercentaQe Percentage Less than One (1) year $ 7,230,042 45.9% $ 14,353,573 62.6% $ 6,594,751 41.4% One (1) to Five (5) years 5,998,033 38.1% 6,326,630 27.6% 4,328,157 27.2% More than Five (5) years 2,508,277 15.9% 2,246,897 9.8% 5,003,752 31.4% Total Investments $ 15,736,352 $ 22,927,100 $ 15,926,660 7/1/2008 8-2 CITY OF FARMINGTON SCHEDULE OF INVESTMENTS BLUE = CASH FLOW FOR CITY HALL 30-Jun-08 RED = CASH FLOW FOR BOND PMTS DATE INSTITUTION TYPE YEILD PURCHASE MATURITY BALANCE CALL DATE 4M FUND MONEY MKT VARIES VARIES VARIES 197,011.13 ANCHOR BANK MONEY MKT VARIES VARIES VARIES 979,067.14 WELLS FARGO FNMA 5.06% 8/1/2007 7/8/2008 858,789.00 DAIN CP-GE 2.80% 2/20/2008 8/1/2008 691,379.11 DAIN CP-GE 2.45% 4/18/2008 8/5/2008 770,361.77 DAIN CD 2.80% 5/7/2008 8/7/2008 99,000.00 DAIN CD 2.80% 5/9/2008 8/8/2008 99,000.00 DAIN CD 2.90% 5/9/2008 8/8/2008 99,000.00 DAIN CD 2.85% 5/15/2008 8/15/2008 99,000.00 WELLS FARGO CP-INTESA 2.58% 6/23/2008 8/19/2008 348,597.96 WELLS FARGO FHLMC 5.05% 2/22/2006 8/22/2008 299,850.00 8/22/2006 WELLS FARGO CP-INTESA 2.65% 6/23/2008 9/2/2008 348,205.28 WELLS FARGO CP-INTESA 2.71% 6/23/2008 9/16/2008 347,801.81 DAIN CP-GE 2.47% 6/23/2008 9/30/2008 347,670.75 SMITH BARNEY CD 5.00% 10/3/2001 10/3/2008 96,000.00 DAIN CP-GE 2.47% 6/23/2008 10/7/2008 347,506.06 SMITH BARNEY CD 4.50% 10/19/2005 10/20/2008 96,000.00 SMITH BARNEY CD 5.05% 3/29/2006 3/30/2009 96,000.00 SMITH BARNEY GO BOND 6.75% 3/13/1997 6/1/2009 24,949.06 SMITH BARNEY FHLMC 3.00% 6/30/2003 6/30/2009 349,562.50 12/30/2003 ANCHOR BANK CD 3.50% 6/5/2008 7/5/2009 100,000.00 SMITH BARNEY CD 4.95% 9/19/2007 9/21/2009 96,000.00 SMITH BARNEY CD 4.90% 9/19/2007 9/21/2009 96,000.00 SMITH BARNEY CD 4.05% 10/20/2004 10/20/2009 96,000.00 SMITH BARNEY CD 4.00% 10/20/2004 10/20/2009 96,000.00 WELLS FARGO HL 4.38% 11/20/2007 11/20/2009 300,000.00 11/20/2008 SMITH BARNEY CD 3.60% 5/23/2008 11/23/2009 96,000.00 SMITH BARNEY FNMA 3.00% 6/20/2003 12/18/2009 250,000.00 6/18/2004 SMITH BARNEY TI BOND 7.10% 8/4/1999 2/1/2010 30,000.00 SMITH BARNEY CD 3.65% 4/18/2008 4/19/2010 96,000.00 SMITH BARNEY CD 3.60% 4/18/2008 4/19/2010 96,000.00 SMITH BARNEY CD 4.20% 6/22/2005 6/22/2010 96,000.00 SMITH BARNEY CD 4.95% 9/19/2007 9/20/2010 96,000.00 SMITH BARNEY CD 4.80% 9/19/2007 9/20/2010 96,000.00 SMITH BARNEY CD 3.60% 4/4/2008 10/4/2010 96,000.00 SMITH BARNEY CD 3.65% 4/15/2008 10/15/2010 96,000.00 SMITH BARNEY CD 3.85% 5/23/2008 11/23/2010 96,000.00 DAIN CD 3.40% 2/15/2008 2/15/2011 99,000.00 DAIN CD 3.45% 2/15/2008 2/15/2011 99,000.00 SMITH BARNEY FHLMC 4.00% 6/3/2003 6/3/2011 250,000.00 6/3/2004 SMITH BARNEY CD 5.10% 6/6/2007 6/6/2011 96,000.00 WELLS FARGO FC 3.59% 2/6/2008 2/6/2012 500,000.00 8/6/2009 SMITH BARNEY CD 3.50% 2/13/2008 2/13/2012 96,000.00 SMITH BARNEY CD 4.00% 4/9/2008 4/9/2012 96,000.00 SMITH BARNEY CD 4.00% 4/11/2008 4/11/2012 96,000.00 DAIN CD 3.45% 2/13/2008 5/15/2012 97,423.76 8-3 CITY OF FARMINGTON SCHEDULE OF INVESTMENTS BLUE = CASH FLOW FOR CITY HALL 30-Jun-08 RED = CASH FLOW FOR BOND PMTS DATE INSTITUTION TYPE YEILD PURCHASE MATURITY BALANCE CALL DATE SMITH BARNEY CD 4.15% 5/21/2008 5/21/2012 96,000.00 SMITH BARNEY CD 4.75% 12/5/2007 12/5/2012 96,000.00 SMITH BARNEY CD 4.60% - 1/16/2008 1/16/2013 96,000.00 SMITH BARNEY CD 3.80% 2/13/2008 2/13/2013 96,000.00 DAIN CD 3.75% 2/19/2008 2/19/2013 98,000.00 DAIN CD 3.75% 2/20/2008 2/20/2013 99,000.00 SMITH BARNEY CD 4.30% 3/19/2008 3/19/2013 96,000.00 SMITH BARNEY CD 4.30% 3/19/2008 3/19/2013 96,000.00 SMITH BARNEY FHLMC 4.00% 7/15/2003 6/12/2013 197,733.33 6/12/2006 SMITH BARNEY FHLMC 4.63% 7/25/2003 7/9/2013 494,465.28 1/9/2004 SMITH BARNEY FHLMC 5.00% 10/19/2004 2/27/2014 250,000.00 2/27/2004 SMITH BARNEY FHLMC 4.00% 1/31/2008 7/15/2014 500,000.00 1/15/2009 DAIN HL 5.80% 4/16/2008 7/23/2014 538,286.33 7/23/2010 SMITH BARNEY CD 5.00% 12/5/2007 12/5/2014 96,000.00 SMITH BARNEY CD 5.50% 6/15/2007 12/15/2014 96,000.00 SMITH BARNEY CD 4.85% 1/16/2008 1/16/2015 96,000.00 SMITH BARNEY FC 4.20% 2/5/2008 2/5/2015 600,000.00 2/5/2009 SMITH BARNEY CD 4.00% 2/8/2008 2/9/2015 96,000.00 SMITH BARNEY CD 4.00% 2/8/2008 2/9/2015 96,000.00 SMITH BARNEY CD 4.00% 2/8/2008 2/9/2015 96,000.00 WELLS FARGO HL 4.30% 2/12/2008 2/12/2015 350,000.00 8/12/2008 DAIN FNMA 4.00% 2/1/2008 7/28/2015 500,000.00 1/28/2009 SMITH BARNEY FHLMC 5.25% 9/28/2006 9/15/2016 350,000.00 SMITH BARNEY FNMA 4.75% 1/28/2008 7/28/2017 145,000.00 1/28/2009 DAIN HL 4.50% 11/28/2007 11/21/2017 350,000.00 11/21/2008 DAIN FNMA 5.00% 12/26/2007 12/26/2017 350,000.00 12/26/2008 TOTAL INVESTMENTS 15,926,660.27 CD=Certificate of Deposit CP=Commercial Paper FHLMC, FNMA, HL = Federal "Agencies" GO BOND, TI BOND = Municipal investments 8-4 7, ' City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: ,,/''} Mayor, Councilmembers, and City Administrator "'(;;1 () Brenda Wendlandt, Human Resources Director FROM: SUBJECT: Telephone Service Contract DATE: July 7, 2008 INTRODUCTION This memorandum provides information regarding the City's telephone service. DISCUSSION At the June 16, 2008 Council meeting, City staff presented information regarding the change from current PBX telephone system to V oiceover IP (V oIP) and informed Council that the City would still need to utilize Frontier Communications for the telephone circuits. Upon further review, the City has found a reliable solution for these circuits through PowerNet Global (PNG) that is a more cost effective solution. Attached is a one year initial contract with PNG to provide phone service to the City of Farmington. Based upon our review, changing from Frontier to PNG represents a cost savings of approximately $700.00 per month. It should be noted that the City will still need approximately 15 dedicated analog phone lines for various alarm systems. The two companies that can provide this service for the City are Verizon and Frontier. City staff is currently evaluating which service will be the best option for the City and will bring that forward at a future meeting. BUDGET IMPACT Funding for phone service is included in the 2008 Budget. ACTION REOUESTED Approve the attached contract with PowerNet Global for phone service. Respectfully submitted, ;4 ~' /7~':,"~ ,/ 0, ,jI ,,/' . "" ic. /~'cd'tht:r~'//r~ . .' Brenda Wendlandt Human Resources Director cc:File 9-1 .-PowBI.lJfetlifIlbAP DEDICATED MASTER SERVICES AGREEMENT This Dedicated Master Services Agreement is made by and between PNG Telecommunications, Inc. d/b/a PowerNet Global Communications@ ("PNG"), an Ohio corporation with principal place of business located at 1 00 Commercial Drive, Fairfield, Ohio 45014 and the City of Farmington ("Customer") a Minnesota Choose business type from this list with principal place of business located at 430 3rd Street, Farmington, MN 55024. 1. Agreement 1.1. AQreement. The agreement between the parties ("Agreement") consists of this Dedicated Master Services Agreement ("DMSA"), any schedules describing offered Services ("Service Schedule") executed by both parties, any orders for Services submitted by Customer and accepted by PNG ("Service Order(s)") and any documents incorporated by reference herein. In the event of any conflict between these documents and unless otherwise explicitly agreed by PNG in writing, the Service Schedule will control. If the conflict is between the DMSA and a Service Order, the DMSA shall control. 1.2. Services. Services offered by PNG to Customer for purchase are described in the Service Schedules and/or Service Orders executed by both parties (the "Services"). The Services may consist of services provided directly by PNG and also of services procured by PNG from third party suppliers. 2. Term 2.1. Term. This DMSA shall become effective on the date it is fully executed by both PNG and Customer and shall extend for an initial term of one (1) year(s). This DMSA shall automatically renew in successive one (1) month terms unless terminated by either party on thirty (30) days written notice or as otherwise provided herein. 2.2. Service Schedule and Service Order Term. Notwithstanding anything else in this DMSA, each Service Schedule or Service Order placed under this DMSA shall have its own term and the terms of this DMSA shall continue to govern the parties duties and rights with respect to such Service Schedule or Service Order until the expiration of its term or ny succeeding term or unless the Service Schedule or Service Order is erminated as permitted by this DMSA. 3. Ordering Service 3.1. Service Schedules and Service Orders. All Services shall be ordered on PNG's standard Service Order forms in effect at the time of ordering. By submitting any Service Order, Customer represents and warrants that the information provided by Customer on the Service Order forms is complete, true, and accurate to the best of Customer's knowledge and that the Service Order form contains no misleading statements or omissions. PNG may accept or reject any Service Order submitted by Customer in its sole discretion. 3.2. Customer ChanQes to Service Orders. Any terms or conditions contained in a Service Order submitted by Customer that conflict with the terms and conditions in this DMSA or any Service Schedule are hereby objected to by PNG and shall not constitute part of the agreement unless explicitly accepted by PNG in writing. No action by PNG (including, without limitation, provision of Services to Customer pursuant to such Service Order) shall be construed as binding or estopping PNG with respect to such terms or conditions. 4. Charges for Service 4.1. CharQes for Service. All charges for Services shall be those in effect as of the date that PNG accepts the Service Order. Customer is liable for all charges (recurring and nonrecurring) for Services provided to Customer both by PNG and by third parties. Customer shall also be liable for payment of charges (ancillary fees, administrative costs and other rniscellaneous charges) reasonably incurred by PNG (including from third parties) to provide Service to Customer but not specified in a Service Order or Service Schedule including, but not limited to (i) charges due to Customer's request to expedite Service availability to a date ear1ier than the date in the Service Order; (ii) charges due to Customer's request to change an installation date to a date other in the Service Order; (iii) changes to the Service Order after PNG acceptance; (iv) expense incurred or Service redesign or modification; (v) reinstallation charges following any uspension of Service by PNG; (vi) disconnection charges; (vii) access or access related charges; (viii) customer premises equipment and (ix) CityofFarmingtonPNGDMSAv3 Confidential and Proprietary 1of4 Customer's request for routes or facilities other than those selected by PNG for provision of the Service. 4.2. Charne and Rate Conditions. All charges and rates are based on the following conditions and reservation of rights by PNG: 4.2.1. The Services may only be used for Customer or Authorized User communications. Customer shall not resell Services to other carriers or IP Communications resellers. If Customer resells Services, Customer is subject to rate increases and Customer agrees to pay such increases. 4.2.2. PNG reserves the right, at any time upon fourteen (14) days notice, to: 0) pass through to Customer, all or a portion of, any charges or surcharges, directly or indirectly, related to the action of any federal, state or governmental agency, or (ii) modify the rates, including any rate guarantees, and/or other terms and conditions contained in this Agreement to reflect the impact of such surcharges. PNG may adjust its rates or charges, or impose additional rates and charges, in order to recover amounts it may be required by governmental or quasigovernmental authorities to collect from, or pay to others, to support statutory or regulatory programs during the course of the Agreement. 4.2.3. Minimum Commitment. Customer agrees that during the initial and any subsequent term of this Agreement that Customer's monthly usage invoiced dollar amount shall equal or exceed the specified Monthly Usage Commitment in the Service Order. If Customer fails to meet its Monthly Usage Commitment in any month, PNG may asses a shortfall charge equal to the difference between the Monthly Usage Commitment and Customer's actual usage invoiced under the Agreement for such month. 4.3. Taxes. All charges for Service are net of Applicable Taxes (as defined below). Except for taxes based on PNG's net income, Customer will be responsible for all applicable taxes that arise in any jurisdiction, including, without limitation, value added, consumption, sales, use, gross receipts, excise, access, bypass, franchise or other taxes, fees, duties, charges or surcharges, however designated, imposed on, incident to, or based upon the provision, sale or use of the Services (collectively "Applicable Taxes"). If Customer is entitled to an exemption from any Applicable Taxes, Customer is responsible for presenting PNG with a valid exemption certificate (in a form reasonably acceptable to PNG) and PNG will give effect to any such exemption prospectively. Customer agrees to indemnify, defend and hold harmless PNG from any liability or expense associated with Applicable Taxes. 4.4. Unauthorized Use. Customer expressly acknowledges and agrees that it shall make payment in full to PNG for all Services provided by PNG pursuant to this Agreement and proper1y billed to Customer, whether authorized or not. PNG reserves the right, but is not required, to take any and all action it deems appropriate to prevent or terminate any fraud or abuse in connection with the Services. 4.5. Acceptable Use Policv. Customer shall abide by PNG's then-current Acceptable Use Policy, ("AUP") the terms of which are made available for viewing over the Internet at https:/IpnQcom.com and are incorporated by reference herein. Customer shall assure that its employees, agents, contractors, licensors, customers and suppliers also abide by PNG's AUP. 5. Billing and Payment 5.1. BillinQ Period. PNG will bill Customer for the total amount of the Monthly Recurring Charges ("MRC") in advance and for usage based Services in arrears on a monthly basis except for charges for installation and other non- recurring charges that Customer shall pay in advance of any Service being provisioned by PNG. Customer will also be charged a Carrier Recovery Admin Fee of three and nine-tenths percent (3.9%) of international and interstate usage and associated charges, taxes and associated governmental fees monthly. On the first billing for dedicated circuits and Services, PNG will charge a prorated amount for all the MRC from the date of activation to the end of the month in addition to charging a total amount for all MRC one month in advance. 07/02/08 9-3 5.2. Billina. PNG will bill Customer monthly. PNG will send to Customer via email a notice that PNG has prepared Customer's invoice and that Customer may log on to PNG's web based Customer Portal at httos:flecare.pnacom.com/customerportal/loainform.php to view the invoice. 5.3 Pavment. All undisputed amounts stated on each invoice are due and payable in U.S. dollars within twenty-two (22) calendar days of the date on which PNG sends the email notifying Customer that Customer's invoice is available (the "Due Date"). Customer will remit all payments via Automated Clearinghouse ("ACH") or wire transfer to PNG Telecommunications, Inc. in care of Fifth Third Bank, Cincinnati, Ohio, ABA #042000314, Account #07020828377 or such other bank account as PNG may in writing direct Customer to remit payment pursuant to the notice provisions of this Agreement. Restrictive endorsements or statements on checks accepted by PNG will not be binding upon PNG. 5.4. Late Payment If Customer fails to remit payment of all undisputed amounts by the Due Date, PNG, in addition to other remedies available to it under this Agreement or at law, may charge Customer a late fee of the lesser of 1.5% per month or the maximum fee allowed by law of the unpaid balance which shall accrue from the Due Date of the invoice. 5.5. Adiustments. PNG may make billing adjustments for Services for one hundred and eighty (180) days after the date of the invoice or after the date of the Service for Services provided by PNG or for the greater of one hundred and eighty (180) days or any period allowed by law, government rule or regulation or contract. 5.6. Credit and Assurance of Payment Maintenance of acceptable credit and adequate assurance of payment, both as detennined by PNG in its discretion, are conditions for the commencement and continuation of provision of the Services by PNG. If at any time PNG, in its discretion, believes that Customer presents an undue risk of nonpayment, then PNG may require a deposit or other forms of seanity for payment. Failure of Customer to provide a deposit or other form of security requested by PNG within two (2) business days of PNG's request shall be a material breach of Customer's obligations under this Agreement and shall entitle PNG to all remedies PNG would have for nonpayment of an undisputed amount due. 6. Suspension and Termination 6.1. Of Service/Service Orders/Aareement for Nonpavment. Except for amounts properly disputed by Customer, if payment in full is not received from Customer on or before the Due Date, PNG shall have the right, after seven (7) business days notice, to do any or all of the following: (i) suspend or terminate Service to Customer; (ii) suspend or terminate any or all Service Orders including any pending Service Orders or (iii) terminate this Agreement. 6.2 Of Service/Service OrderslAareement Without Notice for Fraud. PNG reserves the right to suspend or terminate Service, Service Orders or this Agreement immediately, without notice and without liability, if PNG reasonably believes that Customer is attempting to receive Service from PNG by fraudulent means or Customer is breaching Customer's warranty in Section 4.5. 6.3 Of this Aareement. Other than for nonpayment, fraud or breach of PNG's AUP by Customer, either party may terminate this Agreement if the other is in default of any material obligation and such default has not been cured within thirty (30) calendar days following receipt of notice of such default. In the event of such a termination by Customer, termination of this Agreement and refund of any amount paid or billed for Services affected by the default will be Customer's sole remedies. 6.4. Customer remains liable. Suspension or termination of Service, Service Orders or this Agreement shall not excuse Customer from its obligation to pay for the Services and Customer shall remain liable for all charges incurred by PNG to its suppliers and other third parties for the provision or disconnection of Service to Customer. 6.5. Earlv Termination Liability. If this Agreement, Service Order or any Service is terminated by Customer before the expiration of the initial or any subsequent term, except as otherwise specifically allowed, or if PNG terminates this Agreement or any Service for Customer's uncured material breach, Customer shall pay to PNG an amount equal to the sum of (i) all billed and unbilled charges which Customer has not paid at the time of termination; (ii) the monthly recurring charge for each active Service Order at the time of termination multiplied by the number of months remaining in the applicable Service Order Term, (iii) any revenue shortfall charge (which Customer agrees is reasonable) equal to the Monthly Usage Commitment multiplied by the number of months remaining in the initial or subsequent term on the date of such termination, and (iv) all charges incurred by PNG to its suppliers and other third parties for the provision or disconnection of Service to Customer. Customer agrees that the actual damages in the CityofFarmingtonPNGDMSAv3 Confidential and Proprietary 2 of 4 9-4 event of a termination would be difficult or impossible to ascertain, and that the charges described in this Section are intended to establish liquidated damages only and are not intended as penalties. 7. Limitation of Liability and Disclaimer of Warranties 7.1. Limitation of Liability. IN THE EVENT OF ANY BREACH OF. AGREEMENT OR ANY FAILURE OF THE SERVICES WHATSOEV NEITHER PNG NOR ANY OF PNG'S SUPPLIERS SHALL BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, EVEN IF PNG OR THE SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES WERE FORSEEABLE. 7.2 Disclaimer of Warranties. PNG MAKES NO WARRANTY WITH RESPECT TO THE SERVICE OR ITS PERFORMANCE UNDER THIS AGREEMENT OR THE ATTACHED SERVICE SCHEDULES WITH THE EXCEPTION OF THE SERVICE LEVEL AGREEMENTS, IF ANY, SET FORTH IN THE SERVICE SCHEDULES. PNG DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS MADE OR PASSED ON WITH RESPECT TO ANY THIRD PARTY SERVICE. 7.3. Force Maieure. Neither party shall be liable, other than for any delay or failure in an obligation to pay money, nor shall any credit allowance or other remedy be extended, for any delay or failure of performance or equipment due to causes beyond such party's reasonable control whether foreseen or unforeseen. Acts and events deemed to be Force Majeure Events include but are not limited to: act of God, fire, flood, labor strike, sabotage, fiber cut, material shortages or unavailability or other delay in delivery not resulting from the responsible Party's failure to timely place orders therefore, war or civil disorder, earthquake, hurricane, tomado or terrorist act. The Party claiming relief under this Section shall notify the other in writing of the existence of the Force Majeure Event and shall be excused on a day-by-day basis to the extent of such prevention, restriction or interference until the cessation of such Force Majeure Event. In the event PNG is unable to deliver Service as a result of a Force Majeure Event, Customer shall not be obligated to pay PNG for the affected Service for so long as PNG is unable to deliver. 8. Indemnification 8.1. Both Parties Indemnification. Each Party shall defend and indemnify the other and their respective oflicers, directors, employees, suppliers, licensors, contractors and agents against and from any loss, debt, liability, damage, obligation, daim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, induding without limitation, all reasonable costs and expenses incurred induding all reasonable litigation costs and attorneys' fees arising out of or relating to daims, complaint, action, proceeding or suit of a third party (induding any investigation by a governmental agency or authority), that arise or relate in whole or part to the gross negligence or willful misconduct of the indemnifYing Party, its employees, agents, contractors, licensors or suppliers. 8.2 Customer Indemnification. Customer shall defend and indemnify PNG and their respective oflicers, directors, employees, suppliers, licensors, contractors and agents against and from any loss, debt, liability, damage, obligation, daim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, induding without limitation, all reasonable costs and expenses incurred induding all reasonable litigation costs and attorneys' fees arising out of or relating to daims, complaint, action, proceeding or suit of a third party (induding any investigation by a govemmental agency or authority), that arise or relate in whole or part to (i) Customer's breach of this Agreement, (i0 Customer's employees', agents', contractors', licensors', customers' or suppliers' unauthorized, illegal or fraudulent use of the Services or use of the Services in breach of the AUP. 8.3 Procedure for Indemnification. The indemnified party prompUy shall notify the indemnifYing party of any daims that are subject to indemnification. The indemnified party shall have the right, at its own expense, to participate either directly or through counsel in any litigation or settlement negotiations. The indemnified party shall provide reasonable assistance and cooperation in such defense at the indemnifYing party's expense. The indemnifYing party shall. not agree to any settlement without the written consent of the indemnified party and such consent shall not be unreasonably withheld. The indemnification provided herein shall survive the termination of this Agreement 07/02108 9. Miscellaneous 9.1. Proorietary Information. Each party agrees to maintain in strict confidence the terms and conditions, including pricing, contained in this Agreement or in any Service Order and all plans, designs, drawings, trade ecrets, business and other proprietary information of the other party which s disclosed pursuant to this Agreement. Neither party shall disclose to any third party such confidential information without the express written consent of the other party. No obligation of confidentiality shall apply to disclosed information which the recipient (i) already possessed without obligation of confidentiality, or (ii) develops independently, or (iii) rightfully receives without obligation of confidentiality from a third party, or (iv) must disclose due to reasons prescribed by law or due to court or official orders. The recipient shall immediately notify the other party of any disclosures made pursuant to this Section 9.1. 9.2. Notices. All notices to be sent to a party pursuant to this Agreement shall be in writing and sent by (i) email effective when received, (ii) private courier, (iii) express mail priority next day delivery, or (iv) confirmed facsimile sent during business hours. The address for notice for each party is: For service and account manaaement issues: PowerNet Global Communications 100 Commercial Drive Fairfield, Ohio 45014 Attn: Jill Warren Phone: 866-201-1300 Fax: 877-813-7419 Email: dedicatedservices@pngmail.com For leaal issues: Attn: Legal Department Fax: (513) 645-4960 Email: kkovach@pngmail.com Customer Contact: ity of Farmington 30 3rd Street Farmington, MN 55024 Brenda Wendlandt 651-463-1806 bwendlandt@ci.farmington.mn.us Customer Leaal Contact: Same 9.3 Disoutes. The Parties desire to resolve disputes arising out of or relating to this Agreement without litigation. 9.3.1 Billina Disoutes. Customer shall submit all disputes to PNG within thirty (30) days of the date of the invoice in question. If Customer does not submit its dispute before the end of the thirty (30) day period, then Customer waives the right to dispute the charges. Customer will submit all disputes via a written statement containing reasonably sufficient detail together with supporting documentation. Both parties shall use good faith efforts to resolve the dispute within forty-five (45) days from the Due Date of the invoice in question. If the dispute is not resolved within those forty-five (45) days, then the parties agree to immediately commence arbitration in accordance with Section 9.3.2 of the DMSA. Whether the dispute is resolved by mutual agreement or arbitration, the disputed amount shall be due or credited on the next invoice after final resolution of said dispute. 9.3.2 Arbitration. Except for an action seeking a temporary restraining order or an injunction relating to the purposes of this Agreement, or uit to compel compliance with this dispute resolution process, the Parties agree use the following altemative dispute resolution procedures as the sole remedy .th respect to any controversy or claim arising out of or relating to this Agreement or its breach. At the written request of either Party, each Party will appoint a knowledgeable representative to meet and negotiate in good failh to resolve any dispute arising out of or relating to this Agreement. The CityofFarmingtonPNGDMSAv3 Confidential and Proprietary 3 of 4 representatives shall have the discretion to determine the location, format, frequency and duration of their negotiations, and to utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. All discussions and correspondence among the representatives shall be treated as confidential information developed for the purposes of setUement, exempt from discovery, and shall not be admissible in the arbitration described below or in any lawsuit without the agreement of the Parties. If the negotiations do not resolve the dispute within forty- five (45) days of the initial written request, the dispute shall be submitted to binding arbitration by a single arbitrator experienced in the matters at issue and selected by the Parties in accordance with the rules of the American Arbitration Association ,MAj. The parties acknowledge that this Agreement is made pursuant to a transaction in interstate commerce, and that any arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. sec. 1, et seq. Any court with jurisdiction may enter judgment upon the award rendered by the arbitrator. The arbitration will be held in Dakota County, Minnesota. The Parties agree that the arbitration shall proceed ex- parte in the event that a Party, after being duly notified refuses to participate in the arbitration. The prevailing party shall be entiUed to reasonable costs and attorney's fees. 9.4 Waiver and Amendment. The failure of either party to enforce any provision hereof on one or more occasions shall not constitute the permanent waiver of such provision. Any addition, deletion or modification to this Agreement shall not be binding on either party except by written amendment executed by both parties. 9.5. Interpretation. No rule of construction requiring interpretation against the draftsman hereof shall apply in the interpretation of this Agreement. 9.6. Choice of Law. This Agreement shall, in all respects, be governed by and construed and enforced in accordance with the laws of the state of Minnesota, without respect to the state's conflict of laws provisions. For valuable consideration, both parties acknowledge and agree that any action to enforce or interpret the terms of this Agreement or relating to the Services to be provided by PNG shall be instituted and maintained only in Dakota County, Minnesota. Customer hereby consents to the jurisdiction and venue of such court and waives any objection to such jurisdiction and venue. 9.7. Intearation. This Agreement and Service Orders supersede and merge all prior agreements, promises, understandings, statements, representations, warranties, indemnities and covenants and all inducements to the making of this Agreement whether written or oral or whether made before execution of this Agreement. 9.8. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original, but all of which shall constitute one and the same instrument. 9.9. Survival. No termination of this Agreement shall affect the rights or obligations of either party with respect to payment or with respect to other provisions of this Agreement that, by their sense and context, are intended to survive termination of this Agreement, including without limitation, indemnification, limitation of liability, confidentiality, governing law and forum selection. 9.10. Severabilitv. If any term or provision of this Agreement shall, to any extent, be determined to be invalid or unenforceable by a court or body of competent jurisdiction, then the provision shall be deemed modified to the minimum extent necessary to be valid. 9.11. Assianment. Neither party shall assign or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the other, which shall not be unreasonably withheld. Customer must be current on all payments required by this Agreement before any assignment is approved by PNG. Any such assignment or transfer of Customer's rights or obligations without such consent shall constitute a default of a material obligation. 9.12. Costs and Attomevs' Fees. If a proceeding is brought for the enforcement of this Agreement or because of any alleged or actual dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement or the Services, the prevailing party shall be entitled to recover reasonable attorney's fees and other reasonable costs and expenses incurred in such action or proceeding in addition to any other relief to which such party may be entitled. 07/02108 9-5 Customer requests to add the Services checked below and PNG agrees to provide such services. This DMSA consists of all the terms and conditions contained herein and all the terms and conditions of the documents checked below and will include any additional Schedules or Service Orders agreed to by the parties after the date of this DMSA. All documents checked and referenced below are incorporated by reference herein. D Dedicated LD Voice D Dedicated Private Line D Dedicated Internet Access [gI Local Voice D Local Integrated Voice and Data D MPLS D Integrated Management Services D VOIP Services D Toll Free SIP Origination By signing below, Customer represents and warrants that (i) the full legal name of the legal entity intended to receive the benefits and Services under this Agreement is accurately set forth herein; (ii) the person signing this Agreement has been duly authorized to execute this Agreement on Customer's behalf; (iii) the execution hereof is not in conflict with law, the terms of any charter, bylaw, articles of association, or any agreement to which Customer is bound or affected; and (iv) Customer has read the terms of each document checked above and agrees with each document's terms and conditions. POWERNET GLOBAL COMMUNICATIONS CUSTOMER By: By: Name (print): Name (print): Title: Title: Date: Date: By: Name (print): Title: Date: CityofFanningtonPNGDMSAv3 Confidential and Proprietary 9-6 40f4 07/02/08 LOCAL VOICE SERVICES SCHEDULE lis Local Voice Services Schedule is a part of and together with any Service Orders and Attachments is subject to the Dedicated Master Services agreement )MSA") between PNG Telecommunications, Inc. d/b/a PowerNet Global Communications@ ("PNG') and the City of Farmington ("Customer") dated 1. Scooe. PNG shall provide Local Voice ISDN/PRI ("ISDN/PRI') Services ("Servicesj to Customer as described in this Schedule and at the rates and terms set forth in this Schedule and Service Orders and Attachments. 2. Term. The initial term of this Service and any requested Local Access Service is specified in the Service Order. When PNG makes Customer's Service available, PNG will send Customer a notice confirming Customer's Service availability and the Service Order Term shall commence upon the sending of such notice by PNG. Upon the expiration of any initial Service Order Term, the Service Order Term will automatically renew for succeeding terms of one (1) month under the terms and conditions of the Service Order and this Agreement at the then current rates for such Service until terminated by either party on thirty (30) days notice. This Schedule will continue to govem the parties duties and rights with respect to any succeeding term or until all Service Orders are terminated as permitted by this Schedule or the DMSA 3. Descriotion of Services. PNG's LocallSDN/PRI Services provide voice services connected through PNG's network to the Public Switched Telephone Network ("PSTNj via PNG's switched-Circuit network. The Service may consist of services provided directly by PNG and also of services procured by PNG from third party suppliers. 4. Provisionina of Service. PNG will make commercially reasonable efforts to provision the ordered Services within industly standard provisioning intervals. Service activation will be complete and billing will begin on the date PNG verifies that Customer receives local dial tone. In no event will the untimely installation or non-operation of Customer-provided facilities, services or equipment relieve Customer of its obligation to pay charges for the Services as provided in this Agreement. 5. Local Access Service. The Local Access Service ("LASj provides the physical connection between the Service Address and the PNG Network. 5.1. PNG Provided LAS. At the request of Customer and if included by Customer on the Service Order Form, PNG shall provide LAS. The LAS will include any entrance cable or drop wire to that point where provision is made for termination of PNG's outside distribution network facilities at a suitable location at a Customer designated Service Address and will be installed by PNG or a third party to such point of termination. The LAS shall extend to and include the equipment maintained by PNG at the termination point of the local loop at the applicable Service Address (I.e. Demarcation Point) but shall not include Customer Provided Equipment, extended wiring, inside wiring or other equipment not maintained by PNG at a Service Address. All equipment owned by PNG shall remain the sole property of PNG, and Customer expressly disclaims any right, title or interest in or to any PNG equipment or property, or that of any of PNG's affiliates, contractors or agents. The LAS has only one point of termination per Service Address. Any additional terminations beyond such point of termination are the sole responsibility of Customer. Customer shall provide PNG with Building Owner authorization for all building facilities, in a form reasonably acceptable to PNG. PNG only provides the Service to buildings that PNG in its sole discretion has identified as business locations. Under no circumstances will LAS be provided to residential addresses, even if business is conducted at such residential location. Customer shall execute PNG's standard form Letter of Agency ("LOAj/Carrier Facility Assignment ("CFAj authorizing PNG to interact directly with the LAS provider(s) to obtain LAS. Customer shall pay all charges for LAS including, without limitation, monthly charges, usage charges, installation charges, nonrecurring charges and applicable termination/cancellation charges. In the event Customer fails to maintain any necessary LOAlCF A for a Service ordered hereunder, PNG may terminate such Service with prior written notice to Customer and Customer lust pay immediately to PNG all monthly recurring charges associated with the terminated Service for the balance of the term specified in this Agreement or ervice Order. 5.2. Customer Provided Access ("CPA"). If Customer desires to order its own LAS to the POP through a third party, then Customer shall so indicate on the Service Order Form. PNG may accept or reject such request, in PNG's sole discretion. If PNG does not approve the third-party provider, then Customer shall either: (i) request that such LAS be provided to the POP by another third-party provider acceptable to PNG, or (Ii) order LAS through PNG. Unless otherwise agreed to by PNG in writing, Customer shall have sole responsibility for installation, testing and operation of the LAS, and any services and equipment other than those specifically provided by PNG under this Service Exhibit. . Customer acknowledges that PNG cannot disconnect or terminate LAS that are not ordered through PNG by Customer for use with the Service. Therefore, Customer must first provide PNG with a written Disconnect Firm Order Confirmation ("DFOCj notice(s) from the respective Local Access Provider(s). PNG will process the Customer's disconnect Order for the Service beginning on the date in which PNG receives the respective Local Access Provider(s) DFOC provided by the Customer. PNG will complete the disconnect order within thirty (30) calendar days thereafter. Customer shall remain liable for all applicable rates, fees and charges for the Service sought to be disconnected hereunder, regardless of whether or not Service is usable by Customer until such time that Customer furnishes the require DFOC(S) (even if such time extends beyond the originally scheduled Service Term). In addition to the foregoing, Customer shall be subject to Early Termination Liability for any such termination as specified in the DMSA If Customer fails to provide PNG with the appropriate DFOC within thirty (30) calendar days from the receipt date of the disconnect Order submitted to PNG or if PNG disconnects Customer for non-payment or material breach of the Service Order, this Schedule or Agreement, Customer authorizes PNG to notify the Local Access Provider(s) on behalf of the Customer to disconnect the Customer's CPA 6. Letter of Authorization Reauired. PNG will require a Letter of Authorization ("LOAjICarrier Facility Assignment ("CFAj when Customer intends to connect to facilities that it does not own and acknowledges that it is responsible for maintaining a current LOAlCFA. In the event Customer fails to maintain any necessary LOAlCFA for a Service ordered hereunder, PNG may terminate such Service with prior written notice to Customer and Customer must pay immediately to PNG all monthly recurring charges associated with the terminated Service for the balance of the term specified in this Agreement or Service Order. 7. Charae and Rates. 7.1. Pricina. Customer may select from either of two plans, Unlimited Local Calling or Limited Local Calling. The Unlimited Local Calling plan allows for unlimited local calling without a cap on the number of minutes of usage for local calls. The Limited Local Calling plan includes a maximum of one hundred thousand (100,000) minutes of local usage. Both calling plans do not include intraLA T A toll, intrastate or interstate calling, all of which incur separate usage charges. If a Customer on the Limited Calling plan exceeds its maximum local usage per month per circuit, PNG may convert Customer's local usage to a measured rate call plan upon thirty (30) days notice. In the event PNG notifies Customer of its intent to convert Customer's local usage to a measured-rate call plan pursuant to the terms herein, Customer may terminate the affected circuit(s) for the remaining term after providing PNG with thirty (30) days notice and Customer shall pay Early Termination Liability pursuant to the DMSA. 7.2. Conditions. All usage rates and charges are based on the following conditions and reservation of rights by PNG. CityofFarmingtonPNGLOCALSCHv3 Confidential and Proprietary 1 of 2 07102/08 9-7 Dedicated Local Service Order PNG Internal Account Number: I Date: July 3, 2008 Customer Name: City of Farmington Billing Contact Name: Brenda Wendlandt .. c e:S Cust Contact Name(CCON): I Brenda Wendlandt Billing Contact Email: bwendlandt@ci.farmington.mn.us .s ~ CCON E-Mail Address: bwendlandt@ci.farmington.mn.us Billing Street Address: 19500 Municipal Drive en .. ::s 0 CCON Phone Number: 651-463-1806 City, State, Zip: Farmington, MN 55024 u:s Customer Fax Number: Contract Tenn: LJ j 12 months L j 24 months L j 36 months TelaruslDennison Tech. Group/Ana Flynn 952-393-5593 TCl aflynn@dtg-mn.com ADM Name: ADM Phone: ADM Email: Dan Firehammer 952-932-9811 dfirehammer@pngcom.com en Billing Account Number: I PNG Main BTN: en ell Billing Account Number for LD: Customer Name: City of Farmington u c u 0 <C:;::; House Number: Prefix: I Street Name: 19500 Municipal Drive - III ell u .!:! 0 Street Type: Post Dir: I Designator/Floor: IApt/Suite: I ~...I ell IZlP Code: 155024 en City: Farmington State: MN Customer Name: City of Farmington .E House Number: I PrefIX: I Street Name: 19500 Municipal Drive .= ... Street Type: 1 Post Dir: 1 Designator/Floor: IApt/Suite: I ... en City: Farmington State: IZlP Code: 155024 MN Name: Brenda Wendlandt Pager/PIN: Email: bwendlandt@ciJarmington.mn.us - Name: Rob ITitle: I ~ u uJ!l Pager/PIN: I Phone: 1651-775-0440 1 Fax: I ell C I- 0 0 Email: JJ New LJ Add L J Change I<:;Jtt(iI@l1II!I C o Supp o Move o Disco ~ Porting Indicator: Ves Expedite Requested IVes Expedite Fee is $650.00 per circuil ~ Requested Time: IAny EXPEDITE FEES WILL APPL V .E Due Date: July 28th Zone: I CST Contact your AM. .= Opt 1 T1 Delivery Method(s): Don-net o Off-net .. ell 'tl T1 Type: DLTl DLK1 o PRI-T1 DVFX 0 # of PRI's: 11 1# of Trunks: 1 # of T1's: 1 TSP: I LJ Ves ITSP Code: Number of DIDs to be ported: I 491Number of New DIDs: 191 I Note: DIDs are not guaranteed until Total Number of DIDs: I I time of turnup. DID (These will be configured as 2-way): I LJjves LJNo C Vendor Name: I Dennison Technology Group :8 III Contact: ITroy Brevig E Phone: 1952-278-2406 cell=612-418-7161 IFax#: lemail = tbrevig@dennisontech.com .E .= Maintenance Warranty: I (Exp. Date: I I Customer Account #: I 5 Vendor Reponse Time: I 'tl C New Install Phone Number: IFax Number: I ell > MAC Order Phone Number: I Fax Number: I w 0. Service Calls Phone Number: 0 9-8 local Version 6.0 Customer Initials CPE Equipment Location: IShoreTel ... Equipment Type: I Manufacturer: I c: ell c: E .51 Model Name: IModel Number: c.... .- os Total Trunk Capacity: I Equipment Trunk Capacity: I Current # of Trunks: I :> E !:T.. W 0 LCRlARS Enabled? ISoftware Release: w'l: c..- ~icemail Description: u CO Protocol: I CO Switch Type: I TSoeed: I Is Demarc Existing? I Demarc Provider: I IJack Type: Ext. Telco Demarc Provider: New Inside Wiring Provider: u ICurrent IBuilding: DesignatorlFl I~ I Apt/Suite: I I 0:: Wall: Demarc oor: PNG to Extend Demarc? Jack Type: Extended IBUilding: Designator/FI I~ IAPt/SUite: I Wall: I Demarc oor: Remarks Interstate Inbound & Outbound Rate: $0.0179 Ilntrastate Inbound & Outbound Rate: $0.0229 State: IMN On NET MRC per circuit: Total On NET MRC per Circuit: III $369.00 $369.00 Cll Off NET MRC per circuit: Total Off NET MRC per Circuit: e' os On NET NRC per circuit: Total On NET NRC per Circuit: ..c: u Off NET NRC per circuit: Total Off NET NRC per Circuit: .., III IEUCL MRC Charge: $147.97 Total EUCL MRC: $147.97 .2l os LNP MRC Charge: $8.40 Total LNP MRC: $8.40 0:: PICC MRC Charge: $28.56 Total PICC MRC: $28.56 DID MRC Charge: $37.00 Total DID MRC: $37.00 IDID NRC Charge: $42.00 Total DID NRC: $42.00 IL.NP: 1 0ves DNa **If choosing LNP, refer to LNP Sheet. MUST HAVE COMPLETED LNP SHEET Note: If porting numbers, the customer must supply the CSRs with this order. This Service Order is subject to and made a part of the Master Services Agreement or Dedicated Services Agreement between PNG and Customer. By executing and submitting this Service Order Customer confirms that he/she has read the Master Services Agreement or the Dedicated Service Agreement, as the case may be, and agrees to be bound thereby and by the terms and conditions contained in this Service Order. PowerNet Global Customer By: By: Title: Title: Date: Date: Local Version 6.0 Customer Initials 9-9 7.2.1. Domestic Lona Distance Rates. The applicable continental U.S. long distance Dedicated interstate rate is detennined based upon the originating state of an outbound call or based upon the tenninating state of a toll-free inbound call. Domestic Dedicated intrastate rates are per state and are for state-wide tennination within the same state. Domestic Dedicated rates set forth in the Service Order or Attachments are shown in tenns of full minutes and are billed in six (6) second increments with an initial six (6) second increment with four (4) digit rounding. Domestic switched rates set forth in the Service Order or Attachments are shown in tenns offull minutes and are billed in six (6) second increments with an initial thirty (30) second increment with four (4) digit roundi All domestic rates and charges are subject to change upon fourteen (14) calendar days notice to Customer. 7.2.2. Intemational Lona Distance Rates. Intemational rates set forth in the Service Order, with the exception of rates for Mexico, are shown I.. tenns of a rate per minute and are billed in six (6) second increments with four (4) digit rounding, with an initial thirty (30) second increment. Calls for Mexico are billed in full minute (60 second) increments. International rates and charges, including for Mexico and Canada, are subject to change upon one (1) calendar days notice. Service availability is subject to the availability of facilities to and in the particular countries. 7.2.3. Short Duration Calls. PNG reserves the right to charge all short duration calls (i.e. calls under six (6) seconds in length) a minimum of one- cent ($0.01) per answered call if PNG detennines that Customer has excessive quantities (i.e. more than 10% of Customer's total calls) of such short duration. 7.2.4.. Uncompleted Calls. PNG shall assess a surcharge when Toll Free, and Domestic and International Long Distance non-completed calls exceed 10% of the overall Toll Free, Domestic and International usage in a billing month. 8. Limitation of Liabilitv. 8.1. 911 Callina. PNG WILL SEND ONLY THE CUSTOMER'S BILLING TELEPHONE NUMBER ("BTN') TO THE E911 NETWORK FOR TRANSFER TO THE APPROPRIATE PUBLIC SAFETY ANSWERING POINT ("PSAP"). THEREFORE, ONLY THE PHYSICAL ADDRESS LISTED FOR THE BTN WILL BE DISPLAYED AT THE PSAP. PNG WILL NOT SEND THE STATION AUTOMATIC NUMBER IDENTIFICATION ("ANI) OF THE TELEPHONE SET MAKING THE 911 OR E911 CALL UNLESS SPECIAL ARRANGEMENTS ARE MADE. IF THE CUSTOMER WISHES TO IDENTIFY THE INDIVIDUAL STATION FROM WHICH A 911 OR E911 CALL ORIGINATES, THE CUSTOMER MUST MAKE SPECIAL ARRANGEMENTS AND WILL INCUR ADDITIONAL CHARGES. IN THE CIRCUMSTANCE WHERE THE CUSTOMER OPTS NOT TO PROVIDE END USER LOCATION INFORMATION FOR INDIVIDUAL STATIONS, NEITHER PNG NOR ITS AFFILIATES HAS ANY LIABILITY WHATSOEVER FOR THE PROVISION OF END USER INFORMATION TO THE 911 OR E911 SYSTEM. PNG IS NOT LIABLE FOR ANY CLAIM FOR DAMAGES WHATSOEVER, INCLUDING ANY CLAIM FOR INJURIES, DEATH OR LOSS TO PERSONS OR PROPERTY INCURRED BY ANY PERSON AS A RESULT OF ANY ACT OR OMISSION OF PNG EITHER IN CONNECTION WITH DEVELOPING, ADOPTING, IMPLEMENTING, MAINTAINING OR OPERATING ANY EMERGENCY 911 OR E911 SYSTEM OR IN THE IDENTIFICATION OF OR THE PROVISION TO ANY EMERGENCY 911 OR E911 SYSTEM OF THE TELEPHONE NUMBER, ADDRESS, NAME, LOCATION OR OTHER INFORMATION OF ANY PERSON ACCESSING OR ATTEMPTING TO ACCESS AN EMERGENCY 911 OR E911 OR SIMIlAR SYSTEM. 8.2. Disconnection of Service. SHOULD CUSTOMER'S SERVICE BE TERMINATED FOR NONPAYMENT OR ANY REASON WHATSOEVER, CUSTOMER WILL LOSE THEIR 911 SERVICE. PNG SHALL NOT BE LIABLE FOR CLAIM FOR INJURIES, DEATH OR LOSS TO PERSONS OR PROPERTY INCURRED BY ANY PERSON AS A RESULT OF ANY PERSON ATTEMPTING TO ACCESS 911 AFTER DISCONNECTION. 8.3. Customer Acknowledamenl CUSTOMER'S SIGNATURE BELOW WILL BE CUSTOMER'S ACKNOWLEDGMENT THAT PNG HAS ADVISED CUSTOMER OF THESE LIMITATIONS AND THAT CUSTOMER ACCEPTS THE SERVICES WITH THESE LIMITATIONS. CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS PNG ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) BY, OR ON BEHALF OF, CUSTOMER OR ANY THIRD PARTY RELATING TO THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, INCLUDING 911 OR E911 DIALING OR ACCESS EMERGEN SERVICE PERSONNEL. 8.4. Directorv Listina. PNG IS NOT LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL, INCIDENTAL, PUNITIVE OR A"', OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, AS A RESULT OF ANY ACT, OMISSION OR FAILURE TO LIST CUSTOMER IN CONNECTION WITH LISTING CUSTOMER'S INFORMATION IN ANY PUBLISHED DIRECTORY. PNG IS NOT LIABLE FOR ERRORS OR OMISSIONS IN CUSTOMER'S INFORMATION LISTED IN ANY PUBLISHED DIRECTORY, AND CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF SUCH INFORMATION. 9. Indemnification. Customer will defend, indemnify and hold hannless PNG and its respective officers, directors, employees, contractors and agents against and from any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement including without limitation, attorneys' fees and all reasonable costs and expenses of litigation arising out of, resulting from, or based upon, any complaint, claim, action, proceeding or suit to the extent that such claim is from or in any way connected with any claims from Customer's use of the Services as a result of any unauthorized or illegal provision or use of the Services. 10. Customer Warranties. 10.1.AlI Traffic Oriainates in Local Callina Area. Customer represents and warrants that all voice traffic transmitted pursuant to this Agreement shall originate from either the Customer's service address or the local calling area from which Customer is purchasing a Foreign Exchange ("FX") product, and all traffic not destined for the Customer's PIC'd IXC or dedicated special access facility shall tenninate in the same local calling area as Customer's service address. PNG reserves the right to conduct a site survey of Customer's premises or an audit of Customer's books and records upon reasonable notice or take other reasonable measures to satisfy itself that Customer is using the Service in compliance with this requirement. In the event that Customer is found to be using the Service in violation of this requirement, PNG may immediately discontinue Service without notice. Customer shall indemnify PNG for any liability, losses, penalties or payments (including without limitation access charges and reasonable attorneys' fees) incurred due to Customer's misuse ofthe Service. 10.2.No Mass Call Events. Customer represents and warrants that Customer shall not use the Services pursuant to this Agreement: 10.2.1. To provide any mass call events or voice content related services including, without limitation, chat lines or party lines. 10.2.2. In conjunction with the use of mass communications equipment of any kind including but not limited to computers. 10.2.3. In conjunction with a call center, or use of the Service for call back, call sell, telemarketing or debit card services. 10.3. Breach of Customer Warranties. Any breach of any of Customer's warranties pursuant to section 10 of this Schedule will constitute a material breach of this Schedule and the DMSA and PNG may tenninate this Agreement upon seven (7) business days' written notice except for a breach of section 10.1 which tennination and required notice are defined within that section. If Customer breaches any of its warranties, Customer will be solely liable for and will indemnify, defend and hold PNG harmless from all claims, demands, costs, damages, losses, liabilities and expenses of any nature arising from such breach, including indirect, special, incidental, consequential, punitive or reliance damages and any costs including attorneys' fees associated with enforcing any of these provisions. CityofF anningtonPNGLOCALSCHv3 Confidential and Proprietary 20f2 07/02/08 9-10 C\I C') en z8~ en Q) ~o u o cae; Un:. ><z ilic u!!! ;= o t Gl .. > ~,2 ~ :~ n:. 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C\I > lI.l 'It: 'It: 'It: 'It: 'It: 'It: 'It: 'It: 'It: 'It: 'It: 'It: 'It: 'It: 'It: 'It: 'It: 'It: 'It: 'It: ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. 9-11 Customer Name: City of Farmington ~ c ust Contact Name (CCON) Brenda Wendlandt CIa .2 E't;; CCON E-Mail Address: bwendlandt@ci.farmington.mn.us Billing Street Address: 19500 Municipal Drive ,S E CCON Phone Number: 651-463-1806 City, State, Zip: Farmington, MN 55024 III ~ ".e (,).E Customer Fax' Number: 651-463-2591 Customer PON: Billing Account Number: 0 PNG Main BTN: c Customer Name: I ~.2 Customer PhyslServ Address (for 911 I ,S't;; STE/Floor: U E Purposes): .. ~ .: 0 ity: I I State T ZIP Code C'" .E Main listed Number: I Usl Type (L T): M - Main, AC - Addl Caption. F - Foreign Usting, CR - Cross Reference, C1-C9 - Caption (Indent Level), A - Addl Listing Usling Request (LR): SL - Straight Line, NL - Non-Usled, L - Usled, NP - Non-Published, A - Retain As Is', NR - No DAlDL Required Transaction Type (TT): N - New, A - Add, C - Change', D - Delete 'See instructions. LT: ILR: lIT: Listed Information M ILR: IN Name: (As In Directory): I City of Farmington Yellow Page Heading: I Phone #: 651-463-7111 ICommunity of listing: I Farmington Address: 19500 Municipal Drive City: Farmington TState: lMN IZlP Code: 155024 c I I Name: (As in Directory): I 0 ~ Yellow Page Heading: I E Phone #: ICommunity of Listing: I .e Address: .E ~ City: I State: I IZIP Code: I 0 I I Name: (As in Directory): I tl l!! Yellow Page Heading: I i5 OJ Phone #: ICommunity of listing: I c Address: 0 :e City: I State: I IZIP Code: I " " I I Name: (As in Directory): I <C Yellow Page Heading: I Phone #: ICommunity of listing: T Address: City: TState: T TZlP Code: I I I Name: (As in Directory): I Yellow Page Heading: I Phone #: (Community of listing: I Address: CiIv: I State: I IZlP Code: I Book Type Community: Number of Copies .e ~c 0- ...~ ! ~ i5~ C Deliverv Address: I PowerNet Global Customer By: By: Title: Title: Date: Date: 9-12 "' > ~ 1ii C- "0 '2 " ~ ~ o 0 '" '" m '" .=.~ c: o 0. c: "E in en u. 0 I co .. -l:i ~ i:i. Z Z ....NOI- ~ ai" 't ~ in ~ .. .- Olena::!1! ~~~~ m(.)(.)1L .s:g Cl 11l .f: :0 E c: in ~ ~{J o c: .2:' "' Urn Ul " c: E c:: o 0. c: "~ ~ '0 @):ga; u co It) CD C I ~ "D l1J (V') M 0 'g ~ ~ (.) ~ u:; u:; 5i .a co co I- z o (.) ~..'I !( ~=i_l> E .a E E Ir- a; ca "CJ ::I ::I IL- EZ<cz:;:;f- ~t;.(i~~ .. .l! :0 0 .. eSwS:e ~~~~~Ii: c3 ,'1 g IH c3 f!! 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(I) 0 >. 1ii 0.. 1Il i= 0 o M c: o a. .~ 3~ 9-13 Dedicated Local Service Order PNG Internal Account Number: I Date: July 3, 2008 Customer Name: I City of Fannington Billing Contact Name: Brenda Wendlandt ... c ~~ Cust Contact Name(CCON): I Brenda Wendlandt Billing Contact Email: bwendlandt@ci.farmington.mn.us o III CCON E-Mail Address: bwendlandt@ci.fannington.mn.us Billing Street Address: 430 3rd Street _ E III ... ~ 0 CCON Phone Number: 651-463-1 806 City, State, Zip: Fannington, MN 55024 oE Customer Fax Number: Contract Term: ../ 112 months I J 24 months L J 36 months c Agent Name: TelaruslDennison Tech. Group/Ana Flynn ADM Name: Dan Firehammer 0 1:; Agent Phone 952-393-5593 ADM Phone: 952-932-9811 &~ ct.g Agent ID: TCl ADM Email: dfirehammer@pngcom.com ..5 Agent Email: aflynn@dtg-mn.com Billing Account Number: Billing Account Number for LD: House Number: PrefIX: Post Dir: PNG Main BTN: Customer Name: Street Name: DesignatorlFloor: State: City of Farmington 430 3rd Street Fannington MN .e Customer Name: City of Farmington ..5 House Number: I Prefix: 1 Street Name: 430 3rd Street ... Street Type: I Post Dir: I Designator/Floor: IApt/Suite: I ... en City: Farmington State: IZIP Code: 155024 MN - Name: Brenda Wendlandt ITitle: THR Director _u B~ PagerlPlN: IPhone: 1651-463-1806 TFax: T o 0 ...Ju Email: bwendlandt@ci.fannington.mn.us - Name: Rob I Title: I .J:. u uS Pager/PIN: IPhone: 1651-775-0440 I Fax: I CD C I- 0 U Email: L../J New I IAdd I I Change I~EUd(~}" C D SuPP D Move D Disco :8 Porting Indicator: Yes Expedite Requested IYes Expedite Fee is $650.00 per circuit III Time: IAny EXPEDITE FEES WILL APPLY E Requested .E Due Date: July 28th Zone: ICST Contact your AM. Opt 1 T1 Delivery Method(s): Don-net o Off-net T1 Type: DLTl DLKl o PRI-Tl DVFX 1# of PRI's: 11 # of Trunks: 1 1# of T1's: I TSP: I LJ Yes ITSP Code: III Number of DIDs to be ported: I 1251Number of New DIDs: 115 I Note: DIDs are not guaranteed until c Total Number of DIDs: 1 1 time of turnup. E DID (These will be configured as 2-way): I 1../ I Yes I I No C lVendor Name: 1 Dennison Technology Group 0 :t:O Contact: ITroy Brevig III E Phone: 1952-278-2406 cell=612-418-7161 IFax#: lemail = tbrevig@dennisontech.com .E ..5 Maintenance Warranty: 1 IExp. Date: I 1 Customer Account #: T 5 ~endor Reponse Time: I 'C C New Install Phone Number: I Fax Number: I CD > MAC Order Phone Number: I Fax Number: T w 0- Service Calls Phone Number: u 9 -1 4local Version 6.0 Customer Initials CPE Equipment Location: IShoreTel - Equipment Type: I Manufacturer: I c: GI c: E .9 Model Name: IModel Number: 0.- .- llS Total Trunk Capacity: I Equipment Trunk Capacity: I Current # of Trunks: I :I E cr~ W 0 ..CRlARS Enabled? ISoftware Release: We 0.- Voicemail Description: u CO Protocol: Ico Switch Type: I ISpeed: I U 0:: ~ W C s Demarc Existing? Telco Demarc Provider: urrent Demarc PNG to Extend Demarc? Extended Demarc Demarc Provider: Building: Designator/FI oor: Jack Type: DesignatorlFl oor: Building: Remarks Interstate Inbound & Outbound Rate: $0.0179 Intrastate Inbound & Outbound Rate: I $0.0229 State: IMN III On NET MRC per circuit: Total On NET MRC per Circuit: GI Off NET MRC per circuit: $369.00 Total Off NET MRC per Circuit: $369.00 e- llS On NET NRC per circuit: Total On NET NRC per Circuit: .r:: U Off NET NRC per circuit: Total Off NET NRC per Circuit: olI III EUCL MRC Charge: $147.97 Total EUCL MRC: $147.97 .s llS LNP MRC Charge: $8.40 Total LNP MRC: $8.40 0:: PICC MRC Charge: $28.56 Total PICC MRC: $28.56 DID MRC Charge: $37.00 Total DID MRC: $37.00 DID NRC Charge: $42.00 Total DID NRC: $42.00 ~ LNP: I 0ves DNa -If choosing LNP, refer to LNP Sheet MUST HAVE COMPLETED LNP SHEET llS GI Note: If porting numbers, the customer must supply the CSRs with this order. u. This Service Order is subject to and made a part of the Master Services Agreement or Dedicated Services Agreement between PNG and Customer. By executing and submitting this Service Order Customer confirms that he/she has read the Master Services Agreement or the Dedicated Service Agreement, as the case may be, and agrees to be bound thereby and by the terms and conditions contained in this Service Order. PowerNet Global Customer By: By: Title: Title: Date: Date: Local Version 6.0 Customer Initials 9-15 N C') '" z8~ 31: o ;: gj ..~ ~ ~~ So!!! o .:; c;o;t OD:Gl ><zg'", 'iij C lIS Ql 0(/)0::>- lL. (/) w s:Ci5 w ~ zOJ c o '(jj .~ Gl Co :::I (/) 0, >. L.o .= :il ; Ui ~ .1: :! ~~~.:$. '(3.= lIS "CI II.. 0 01 Gl 0 C !Q) :g Gl"= Ql ~.=.gjlil ~.:f. ~ ~ o g r-~:i";' <C z o >. lIS Q. '" g III ~ Gl C Gl is .t >- - ~ 00 t.!:~ ~ 'iij l: ~ C) u l!! z ..e t.!!: jg .E o ~ '" Ql F~ 5..?: 0, c "E ro C) lL. z~ ~~i::i c i:i :::I i.: :5 0 J:l U:i .2! :E .E .E 9 <C 0 <C lL. Z....l Z a: 00 OlUI JapJO 9-16 - l: Gl E Gl Ol c I!! ... <C l: lIS Co (/) ii: D- Gl ..!!lJ!! :::I ._ CoOl '50 0 C> ~ ~ c 0 OJ 0 C') 1 <';J ~ u en Z I- OJ Gl Co ~ c :8 u <C ;: Ql Z II.. W 0:: C> ~ N C') "l" Ll) CD I'- co 0> C> ~ N C') "l" Ll) CD I'- co 0> ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N 'It 'It 'It 'It 'It 'It 'It 'It 'It 'It 'It 'It 'It 'It 'It 'It 'It 'It 'It 'It ii: ii: ii: ii: ii: ii: ii: ii: ii: ii: ii: ii: ii: ii: ii: ii: ii: ii: ii: ii: D- o.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. ... CI) E 0 Qj .... 14 >. ~ - ::::I III 0 co i= 0 iii .Q 0 a .... 0 CI) o:i z ... c: ; Jg Qj 0 >. - "iii 0 III 0 L- a.. co i= 0 CJ) Q) > Customer Name: City of Farmington ... c ust Contact Name (CCON) Brenda Wendlandt ~,g CCON E-Mail Address: bwendlandt@ci.farmington.mn.us Billing Street Address: 430 3rd Street .as .. ... CCON Phone Number: 651-463-1806 City, State, Zip: Farmington, MN 55024 =02 (,).5 Customer Fax Number: 651-463-2591 Customer PON: Billing Account Number: 0 PNG Main BTN: c Customer Name: I ~.9 Customer PhyslServ Address (for 911 I .a'lii STElFloor: " E Purposes): .. ... is.2 ity: I I State I ZIP Code .5 Main Listed Number: I List Type (L T): M - Main, AC - Addl Caption, F - Foreign Listing, CR - Cross Reference, C1-C9 - Capli Request (LR): SL - Straight Line, NL - Non-Listed, L - Listed, NP - Non-Published, A - Retain As Is., NR N - New, A - Add, C - Change., D - Delete .See instructions. LT: M TT: N c o ~ E 02 .5 ~ .a " e c ii c :8 :s "tI < Listed Infonnation Name: (As in Directory): City of Fannington Yellow Page Heading: Phone #: 651-463-7111 Farmington Address: City: Farmington 55024 Name: (As in Directory): Yellow Page Heading: Phone #: Address: City: Name: (As in Directory): Yellow Page Heading: Phone #: Community of Listing: Address: City: Name: (As in Directory): Yellow Page Heading: Phone #: Address: City: \ Name: (As in Directory): Yellow Page Heading: Phone #: Address: C' : Book Type Community: Number of Copies 02 ~c .a- " ~ .. .. ... > c'a; Q Deliverv Address: PowerNet Global By: Customer By: Title: Title: Date: Date: 9-17 Qj l!! Cii "tl ~ C? 0 o Lt) (') Lt) ~z ::!; c: o 0, r:: 'E m in lL. 0 I III .. -0 't:l ~ii:Z~ g:~~ID ~ E ~.~ "'fIlg:;; ~i~g IDUUlL 2=g '" '" .~ :s E r:: m ~ !t~ o r:: ~l!! 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E CO CO 0 <( <') <') 0 ai CO o. en CIl ~ CO W 1:: 0 Z C:- O c..> 0 0 C1I ~ :> Co Q) l- E 0:: 0:: Cl E Q w Z ::l .... CIl ~ CIl 0 ...J 0:: ... <( U Z <( Q) co 0 u. .c 0 u. c..> 0 Cii 0 .13 ~ CIl ~ c: co UI~ ::l co C3 0 .!!!. 0 c..> 0 ..0 0:: o a. w c..> z <( z W I- Z .2 < :;) :; :g ...J ~ <( "iij t5 ~ (j) c..> 12 I- ~ c..> w 0 ...J 0 W 0 Z <') N ii: Cl w 0 Z ...J Z :; W :;) :c ~ I- ~I:C c..> .g S2 '" c: ~ '" ~ 0:: 11-9 City of Farmington 325 Oak Street Farmington~ Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.fannington.mn.us TO: Mayor and Councilmembers FROM: Peter J. Herlofsky~ Jr. City Administrator SUBJECT: Supplemental Agenda DATE: July 7 ~ 2008 It is requested the July 7, 2008 agenda be amended as follows: ROUNDTABLE 7j... Add.J..3tQ Metro Cities GEARS Committee - Administration Designate a Council representative to be elected to the Metro Cities GEARS Committee for the purpose of ranking and evaluating eligible transit projects for submission to the Counties Transit Improvement Board. R?ectfull~ su~mitted, L ( -----..yJ--'..1 J - it 1/1 ~I ~C-/' / . fJ'V'V r/1 Peter J. Herlofsl,<y/Jr. I- .I City Administrator / ~ 7L METRO CITIES Association of Metropolitan Municipalities We Urge Your City to Send a Delegate to Vote for Your GEARS Committee Representative!!! Dear Mayor and Council Members: . In April, a letter was sent from Metro Cities to each of your communities with preliminary information on an election process to fill positions on the Grant Evaluation and Ranking System (GEARS) Committee for cities in Anoka, Dakota, Hennepin, Ramsey and Washington Counties. The following packet is the follow-up information to that letter outlining the finalized elections process. Election Date: July 21st Applications for the GEARS Committee Due: July 14th Locationffime: League of Minnesota Cities Building - Screening Board from 8:00 am. to 12:00 a.m. State Capitol- General Election 1 :30 p.m. - 3 :00 p.m. Background: The 2008 Transportation Finance Bill, Chapter 152, grants authority to Metro Area Counties to form a joint powers board and implement a quarter cent sales tax for transit purposes in the seven county Metropolitan Area Five of the seven counties have entered into a joint powers board agreement and levied the tax. These five counties have formed the Counties Transit Improvement Board (CTIB). In accordance with the new law, a Grant Evaluation and Ranking System (GEARS) Committee, consisting of eight elected city officials, five county commissioners and the chair of the Met Council Transportation Committee is to be created for the purpose of ranking and evaluating eligible transit projects for submission to the CTIB. Metro Cities was assigned, by statute, the task of conducting an election to select the city representatives on the GEARS committee. Elections Process: The infonnational packet includes the following: . An outline of the rules and elections process (Light Yellow) . An application for the GEARS Committee (Blue) . An RSVP card (Gold) . A letter from the CTIB requesting the city appointments to the GEARS committee, including: (White) o An outline of the GEARS committee members responsibilities as found in law (Green) o An outline of anticipated time commitment for GEARS participants (pink) o Eligible expenditures for the quarter cent sales tax and a letter from the Department of Revenue outlining projected revenues (purple) Metro Cities appreciates your city's willingness to participate and we look forward to working with everyone on July 21st. If you have any questions please contact Sarah Erickson at 651-215-4003 or sarah@ammI45.org Sincerely, -~ c:Z::Uison Mayor, City of Minnetonka President, Metro Cities 145 University Ave W . St. Paul, MN 55103-2044 ~ Phone (651) 215-4000 . Fax (651) 281-1299 . www.ammI45.org ,~..y. RULES for the ELECTION PROCESS HF 2800 (Chapter 152) - Cities in participating counties are guaranteed at least one vote on the GEARS committee per county and one additional vote for every 400,000 people. Population numbers: We will be using population estimates calculated by the Metropolitan Council under M.S. 477A.011, Subd. 3. Anoka: Dakota: Washington: Ramsey: 328,614 - 1 City Rep on the GEARS Committee 391,613 - 1 City Rep on the GEARS Committee 228,103 - 1 City Rep on the GEARS Committee 515,059 - 2 City Reps on the GEARS Committee St. Paul: Suburban: 286,620 228,439 Hennepin: 1,152,508 - 3 City Reps on the GEARS Committee Minneapolis: * Suburban North: * Suburban South: 387,970 370,359 391,256 Eight City Seats Total: Minneapolis and St. Paul will have standing appointments as one of the Hennepin and Ramsey County GEARS Committee representatives. The cities or-Minneapolis and St Paul will not participate in the elections process, but will instead appoint a representative from their respective cities. Rationale: St. Paul has half the population in Ramsey County and Minneapolis has one third the population in Hennepin County. Voting Procedure for Six Remaining Seats: . Each city will be allowed one vote. The city must designate its delegate on the attached RSVP form. . Voting will be done on written secret ballot. *Roughly dividing by: Hwy 12/394 Contact Information Sarah Erickson 651-215-4003 sarah@ammI45.org June 9, 2008 DAY OF THE ELECTION - Monday, July 21st2008 8:00 a.m. - 12:00 p.m. · Screening Board (SB) - A screening board will be responsible for screening all applicants who wish to be participating members of the GEARS Committee. The SB will submit no more than three candidates from each of the six geographic districts: Anoka, Dakota, North Hennepin, South Hemlepin, Ramsey and Washington. · The Screening Board is made up of mayors of cities with the largest populations from the six designated geographic areas who are not running for the GEARS committee. o Anoka - TBA o Dakota - Burnsville: Mayor Elizabeth Kautz . o Hennepin - South: Bloomington: Mayor Gene Winsted & North: Brooklyn Center Tim Willson o Ramsey - Maplewood: Mayor Diana Longrie o Washington - Cottage Grove: Mayor Sandra Shiely 12:00 - 1 :30 - Lunch (additional screening time if necessary and SB deliberation) (Transition from the League BuildinJ! to the Caoitol) 2:00 - 3:00 p.m. · Election of Gears Members - All elected officials will report to room 123 of the State Capitol. There will be a brief welcome and introduction followed by all cities breaking up into groups by counties. o Room 107 - Ramsey County City Delegation o Room 112 - Dakota County City Delegation o Room 15 - Anoka County City Delegation o Room 123 - North and South Hennepin County City Delegation o Room 318 - Washington County City Delegation · City Deliberation - The chosen candidates will be introduced and allowed to give a brief introduction and rationale for his/her appointment. A brief Q & A session will be moderated by staff, with a secret written ballot process to follow. . Who is Allowed to VOTE - o Each city in attendance will have one vote - · Example: Each City in Anoka County will have one vote and be voting for the Anoka County Representative on the GEARS Committee in room 15 of the Capitol. o The city must name its delegate voter on the RSVP card The candidate who receives the most votes in each geographic district wins. C~f3 Contact Information Sarah Erickson 651-215-4003 sarah@ammI45.org June 20, 2008 AJ2plication for GEARS Committee Candidate Instructions: . This application must be returned to Metro Cities by July 14th in order to be eligible to participate in the elections process. . The applicant must be an elected official . A city may submit the name of only one elected official for application to the GEARS committee. . Any Mayor participating on the Screening Board is not eligible to run as a GEARS committee candidate. . The application may be completed manually and mailed back to Metro Cities or it may be filled in online at amm145.org and submitted electronically to laurie@am.mI45.org Metro Cities 145 University Ave. W St. Paul, MN 55103-2044 On a separate sheet of paper or electronically please answer the following questions: I) Please describe your regional and long term vision for metropolitan area transit. 2) Please describe your experience in public service. 3) Please describe any interest or experience dealing with transportation particularly transit. 4) Please outline any additional participation in other metropolitan or statewide organizations and your record of participation. 5) Please add any additional remarks you think might be helpful. Counties Transit Improvement Board A Joint Powers Board of the Counties of Anoka, Dakota, Hennepin, Ramsey and Washington June 19, 2008 The Honorable Jan Callison, President Metro Cities 145 University Avenue West Saint Paul, MN 55103 Dear Mayor Callison: On behalf of the Counties Transit Improvement Board (CTIB), I am writing to request that the Association of Metro Municipalities hold, as soon as practical, the election of the city representatives to the CTIB's Grant Evaluation and Ranking System (GEARS) committee. As you may be aware Anoka, Dakota, Hennepin, Ramsey and Washington Counties have created the CTIB in order to administer the new quarter-cent sales tax for transitway development in the five counties. We are very excited about this new dedicated source of revenue and the system of transitways it will build which will allow us to better serve the residents and businesses of the five- county area. We appreciated the city's support for the transportation bill this year and welcome the participation of the cities in the evaluation process. We believe the n~w law acknowledges the important role of local elected officials in identifying needs and implementing these critical transit projects. The GEARS committee will consist of five county commissioners appointed by the county boards, eight city officials and the chair of the Metropolitan Council Transportation Committee. The GEARS committee will be responsible for ranking and evaluating eligible transit projects for funding by the CTIB. It is CTIB's intent to act quickly to meet certain urgent funding needs. We anticipate that the CTIB will solicit its first round of grant applications later this summer. This first solicitation will be a streamlined and limited process, in order to address the critical concerns.' It is our hope that GEARS will be established within the next month and be ready to start work with us later this fall with this exciting new process. It is our plan to hold a workshop in mid-August to fully brief GEARS committee members on roles, responsibilities and the 2008 grant process. It is important for you to know that the CTIB has only met twice and is working hard to address the issues arising in the development of a new organization charged with such an important responsibility. At this point, we have more questions than we have answers. We will work to keep you informed as we progress. We would appreciate a report on your elections at the next meeting of the CTIB on July 24th. CTIB 477 Selbv Avenue. Saint Paul. MN 55102 June 19, 2008 Page Two The CTIB is looking for candidates for the GEARS committee who have a regional, long-term vision for the metropolitan area, experience in public service, an interest in transportation particularly transit, a commitment to the process and a track record of participation in other metropolitan or statewide organizations Attached is a copy of the law governing the GEARS committee, an outline of the anticipated time commitment for GEARS participants, a list defining eligible expenditures for the quarter-cent sales tax and a letter from the Department of Revenue outlining projected revenues. Thank you for your participation and commitment and we look forward to working with you. ~ Peter McLaughlin, Chair Counties Transit Improvement Board Attachment GEARS Committee Member Responsibilities as.' Found in Law Article 4 - Local Option Sales Tax Language (HF 2800) ARTICLE 4 18.24LOCAL OPTION TAXES 18.25 Section 1. Minnesota Statutes 2006, section 297A.99, subdivision 1, is amended to 18.26 read: 18.27 Subdivision 1. Authorization; scope. (a) A political subdivision of this state may 18.28 impose a general sales tax (1) under section 297A.992, (2) under section 297A.993, (3) if 18.29 permitted by special law... or ffiifthe political subdivision enacted and imposed the tax 18.30 before the effective date of section 477A.016 and its predecessor provision. 18. 31 (b) This section governs the imposition of a general sales tax by the political 18.32 subdivision. The provisions of this section preempt the provisions of any special law: 18.33 (1) enacted before June 2, 1997, or 19.1 (2) enacted on or after June 2, 1997, that does not explicitly exempt the special law 19.2 provision from this section's rules by reference. 19.3 (c) This sections does not apply to or preempt a sales tax on motor vehicles or a 19.4 special excise tax on motor vehicles. 19.5 Sec. 2. r297A.9921 METROPOLITAN TRANSPORTATION AREA SALES TAX. 19.6 Subdivision 1. Definitions. For purposes of this section, the following terms have 19.7 the meanings given them: 19.8 (1) "metropolitan transportation area" means the counties participating in the joint 19.9 powers agreement under subdivision 3; 19.10 (2) "eligible county" means the county of Anoka, Carver, Dakota, Hennepin, 19.11 Ramsey, Scott, or Washington; 19.12 (3) "committee" means the Grant Evaluation and Ranking Svstem (GEARS) 19.13 Committee; 19.14 (4) "minimum guarantee county" means any metropolitan county or eligible county 19.1.5 that is participating in the joint powers agreement under subdivision 3, whose proportion 19 .16 of the annual sales tax revenue under this section collected within that county is less 19.17 than or equal to three percent; and 19.18 (5) "population" means the population, as defined in section 477A.Ol L subdivision 19.19 3, estimated or established by July 15 of the year prior to the calendar year in which 19.20 the representatives will serve on the Grant Evaluation and Ranking System Committee 19 .21 established under subdivision 5. 19.22 Subd. 2. Authorization; rates. (a) Notwithstanding section 297A.99, subdivisions 19.23 L 2, and 3. or 477A.016. or any other law, the board ofa county participating in a 19.24 joint powers agreement as specified in this section shall impose by resolution (1) a 19.25 transportation sales and use tax at a rate of one-quarter of one percent on retail sales and 19.26 uses taxable under this chapter. and (2) an excise tax of $20 per motor vehicle purchased 19.27 or acquired from any person engaged in the business of selling motor vehicles at retail. 19.28 occurring: within the jurisdiction of the taxing authority. The taxes authorized are to 19.29 fund transportation improvements as specified in this section. including debt service on 19.30 obligations issued to finance such improvements pursuant to subdivision 7. 19.31 (b) The tax imposed under this section is not included in determining if the total tax 19.32 on lodging in the city of Minneapolis exceeds the maximum allowed tax under Laws 1986. 19.33 chapter 396. section 5. as amended by Laws 2001. First Special Session chapter 5, article 19.34 12, section 87, or in determining a tax that may be imposed under any other limitations. 20.1 Subd. 3. Joint powers ae-reement. Before imposing: the taxes authorized in 20.2 subdivision 2, an eligible county must declare by resolution of its county board to be part 20.3 of the metropolitan transportation area and must enter into a joint powers agreement. The 20.4 joint powers agreement: 20.5 (1) must form a joint powers board, as specified in subdivision 4: 20.6 (2) must provide a process that allows any eligible county, by resolution of its county 20.7 board, to join the joint powers board and impose the taxes authorized in subdivision 2: 20.8 (3) may provide for withdrawal of a participating county before final termination of 20.9 the agreement: and 20.10 (4) may provide for a weighted voting system for joint powers board decisions. 20.11 Subd. 4. Joint powers board. (a) The joint powers board must consist of one 20.12 or more commissioners of each county that is in the metropolitan transportation area, 20.13 appointed by its county board, and the chair of the Metropolitan Council, who must have 20.14 voting rights, subject to subdivision 3. clause (4). The joint powers board has the powers 20.15 and duties provided in this section and section 471.59. 20.16 (b) The joint powers board may utilize no more than three-fourths of one percent of 20.17 the proceeds of the taxes imposed under this section for ordinary administrative expenses 20.18 incurred in carrying out the provisions of this section. Any additional administrative 20.19 expenses must be paid by the participating counties. 20.20 (c) The j oint powers board may establish a technical advisory group that is separate 20.21 from the GEARS Committee. The grOUp must consist of representatives of cities, counties, 20.22 or public agencies, including the Metropolitan Council. The technical advisory {n'oup 20.23 must be used solely for technical consultation purposes. 20.24 Subd. 5. Grant application and awards; Grant Evaluation and Rankine- System 20.25 (GEARS) Committee. (a) The joint powers board shall establish a grant application 20.26 process and identify the amount of available funding for grant awards. Grant applications 20.27 must be submitted in a form prescribed by the joint powers board.. An applicant must 20.28 provide, in addition to all other information required by the joint powers board, the 20.29 estimated cost of the project, the amount of the grant sought, possible sources of funding 20.30 in addition to the grant sought, and identification of any federal funds that will he utilized 20.31 if the grant is awarded. A {n'ant application seeking transit capital funding must identify 20.32 the source of money necessary to operate the transit improvement. 20.33 (b) The joint powers board shall establish a timeline and procedures for the award of 20.34 grants, and may award grants only to the state and political subdivisions. The board shall 20.35 define objective criteria for the award of grants, which must include, but not be limited to, 20.36 consistency with the most recent version of the transportation policy plan adopted by the 21.1 Metropolitan Council under section 473.146. The joint powers board shall maximize the 21.2 availability and use of federal funds in projects funded under this section. 21.3 (c) The joint powers board shall establish a GEARS Committee, which must consist 21.4 of: 21.5 (1) one county commissioner from each county that is in the metropolitan 21.6 transportation area, appointed by its county board: 21.7 (2) one elected city representative from each county that is in the metropolitan 21. 8 transportation area: 21.9 (3) one additional elected city representative from each county for every additional 21.10 400,000 in population, or fraction of 400,000, in the county that is above 400,000 in 21.11 population: and 21.12 (4) the chair of the Metropolitan Council Transportation Committee. 21.13 (d) Each city representative must be elected at a meeting: of cities in the metropolitan 21.14 transportation area, which must be convened for that purpose by the Association of 21.15 Metropolitan Municipalities. 21.16 (e) The committee shall evaluate grant applications following objective criteria 21.17 established by the joint powers board, and must provide to the joint powers board a 21.18 selection list of transportation projects that includes a priority ranking. 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 2:1..34 21.35 21.36 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22;23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 23.1 23.2 (f) A grant award for a transit project located within the metropolitan area, as defined in section 473.121, subdivision 2, may be funded only after the Metropolitan Council reviews the project for consistency with the transit portion of the Metropolitan Council policy plan and one of the following occurs: (1) the Metropolitan Council finds the project to be consistent; (2) the Metropolitan Council initially finds the project to be inconsistent, but after a good faith effort to resolve the inconsistency through ne~otiations with the joint powers board, agrees that the grant award may be funded; or (3) the Metropolitan Council finds the proiect to be inconsistent, and submits the consistency issue for final determination to a panel, which determines the project to be consistent. The panel is composed of a member appointed by the chair of the Metropolitan Council, a member appointed by the joint powers board, and a member agreed upon by both the chair and the joint powers board. (g) Grants must be funded by the proceeds ofthe taxes imposed under this section, bonds, notes, or other obligations issued by the joint powers board under subdivision 7. (h) Notwithstanding the provisions of this subdivision, in fiscal year 2009, of the initial revenue collected under this section, the ioint powers board shall allocate at least $30,783,000 to the Metropolitan Council for operating assistance for transit. Subd. 6. Allocation of e:rant awards. (a) The board must allocate grant awards only for the following transit purposes: (i) capital improvements to transitways, including, but not limited to, commuter rail rolling stock, light rail vehicles, and transitway buses; (ii) capital costs for park-and-ride facilities, as defined in section 174.256, subdivision 2; (iii) feasibility studies, plannin!1:, alternatives analyses, environmental studies, engineering, property acquisition for transitway purposes, and construction of transit ways; and (iv) operating assistance for transitways. (b) The joint powers board must annually award grants to each minimum guarantee county in an amount no less than the amount of sales tax revenue collected within tllat county. (c) No more than 1.25 percent of the total awards may be annually allocated for planning, studies, design, construction, maintenance, and operation of pedestrian programs and bicycle programs and pathways. Subd. 7. Bonds. (a) The joint powers board or any county, acting under a ioint powers agreement as specified in this section, may, by resolution, authorize, issue, and sell its bonds, notes, or other obligations for the purpose of funding grants under subdivision 6. The joint powers board or county may also, by resolution, issue bonds to refund the bonds issued pursuant to this subdivision. (b) The bonds of the ioint powers board must be limited obligations, payable solely from or secured by taxes levied under this section. (c) The bonds of any county mav be limited obligations, pavable solely from or secured by taxes levied under this section. A county may also pledge its full faith, credit, and taxing power as additional security for the bonds. (d) Bonds may be issued in one or more series and sold without an election. The bonds shall be secured, bear the interest rate or rates or a variable rate, have the rank or priority, be executed in the manner, be payable in the manner, mature, and be subject to the defaults, redemptions, repurchases, tender options, or other terms, and shall be sold in such manner as the joint powers board, the regional railroad authority, or the county may determine. (e) The joint powers board or any regional railroad authority or any county may enter into and perform all contracts deemed necessary or desirable by it to issue and secure the bonds, including an indenture of trust with a trustee within or without the state. (f) Except as otherwise provided in this subdivision, the bonds must be issued and sold in the manner provided under chapter 475. 23.3 (g) The joint powers board or any regional railroad authority wholly within the 23.4 metropolitan transportation area also may authorize, issue, and sell its bonds, notes, or 23.5 other obligations for the purposes, and in accordance with the procedures, set forth in 23.0 section 398A.07 to fund grants as provided in subdivision 6. The bonds of any regional 23.7 railroad authority may be limited obligations, payable solely from or secured by taxes 23.8 levied under this section. A regional railroad authority may also pledge its taxing powers 23.9 as additional security for the bonds. 23.10 Subd. 8. Allocation of revenues. After the deductions allowed in section 297 A.99, 23.11 subdivision 11, the commissioner of revenue shall remit the proceeds of the taxes imposed 23.12 under this section on a monthly basis, as directed by the joint powers board under this 23.13 section. 23.14 Subd. 9. Administration. collection. enforcement. Except as otherwise provided 23.15 in this section, the provisions of section 297 A.99, subdivisions 4 and 6 to l2a, govern the 23.10 administration, collection, and enforcement ofthe tax authorized under this section. 23.17 Subd. 10. Termination of taxes. (a) The taxes imposed under section 297 A.99, 23.18 subdivision L by a county that withdraws from the ioint powers agreement pursuant to 23.19 subdivision 3, clause (3). shall terminate when the county has satisfied its portion, as 23.20 defined in the joint powers agreement. of all outstanding bonds or obligations entered into 23.21 while the county was a member of the agreement. 23.22 (b) Ifthe joint powers agreement under subdivision 3 is terminated, the taxes 23.23 imposed under section 297A.99, subdivision L at the time of the agreement termination 23.24 will terminate when all outstanding bonds or obligations are satisfied. The auditors of the 23.25 counties in which the taxes are imposed shall see to the administration of this paragraph. 23.20 Subd. 11. Report. The joint powers board shall report annually by February 1 to the 23.27 house of representatives and senate committees having jurisdiction over transportation 23.28 policy and finance concerning the revenues received and grants awarded. 23.29 Subd. 12. Grant awards to Metropolitan Council. Any grant award under this 23.30 section made to the Metropolitan Council must supplement. and must not supplant, 23.31 operating and capital assistance provided by the state. 23.32 EFFECTIVE DATE.This section is effective the day following final enactment, 23.33 except that subdivision 2 is effective the first day of a calendar quarter beginning at least 23.34 90 days after the formation of the joint powers board under subdivision 4. This section 23.35 expires October 2,2008. if the sales and use tax under subdivision 2 has not been imposed. Timeline and Time Commitment of GEARS Committee Members METRO CITIES Proposed Process for the 2008 Grant Solicitation and Award Process: because of the limited amount of time left in the 2008 calendar year and some immediate funding needs, a shorter and more selective process will take place with the proceeds of the quarter cent sales tax. The CTIB will initially be proposing grant applications be limited to five categories for the 2008 grant round. 1) Met Council-legislatively required $30,783,000 2) For operating assistance in qualified transitways 3) For construction funds to complete elements oftransitways being constructed in 08-09 4) For financial commitments for a project moving into final design as a part of the FT A New Starts process. 5) Applications from member counties pursuant to Art. VII, Item H, of the Joint Powers Agreement. 2009 Grant Process and Beyond: At this point a timeline or schedule of meetings has not been set by the CTIB. However, staff is anticipating anywhere from ten to twelve meetings a year, with more of those taking place when the GEARS committee is doing its evaluation and rankings. It is thought the meetings will take place during the day and will be staffed by CTIB staff with the location yet to be determined. Contact Information Sarah Erickson 651-215-4003 sarah0!ammI45.org June 20, 2008 Eligible Expenditures The law outlines what qualifies for allocation of the grant awards: 1) capital improvements to transitways, including, but not limited to, commuter rail rolling stock, light rail vehicles, and transitway buses; 2) capital costs for park-and-ride facilities, as defined in section 174,256, subdivision 2; 3) feasibility studies, planning, alternatives analyses, environmental studies, engineering, property acquisition for transitway purposes, and construction of transitways; and 4) operating assistance for transitway No more than 1.25 percent of the total awards may be annually allocated for planning, studies, design, construction, maintenance, and operation of pedestrian programs and bicycle programs and pathways. Also - a grant award for a transit project located within the metropolitan area, as defined in section 473.121, subd 2, may be funded only after the Metropolitan Council reviews the project for consistency with the transit portion of the Metropolitan Council policy plan and one of the following occurs: the Metro Council finds the project to be consistent; the Metro Council initially finds the project to be inconsistent, but after a good faith effort to resolve the inconsistency through negotiations with the joint powers board, agrees that the grant award may be funded; or the Metro Council finds the project to be inconsistent, and submits the consistency issue for final determination to a panel, which determines the project to be consistent. TRANSITWAY CTIB is in the process of developing a transit investment framework which will define transitways and will set the eligibility criteria for the grants. Note that state statue provides the following definition oftransitway. It is defined in the 2008 Minnesota Statues, section 473.399 - Transitways; Light Rail Transit and Commuter Rail in the Metropolitan Area. General Requirements - The council must identify in its transportation policy plan those heavily traveled corridors where development of a transitway may be feasible and cost-effective. Modes of providing service in a transitway may include bus rapid transit, light rail transit, commuter rail, or other available systems or technologies that improve transit service. Criteria for the Award of Grants are also outlined in the CTIB' s joint powers agreement as follows: The Board shall establish criteria for the award of grants that shall include, but not be limited to: . Grant awards shall be consistent with the most recent version of the Metropolitan Council's Transportation Policy Plan. . Grant awards shall maximize the availability and use of federal funds. . No grant award made to the Metropolitan Council may supplant operating or capital funding provided to the Metropolitan Council by the state. . No grant award made to the Metropolitan Council may supplant the 50% state share of the non-federal operating subsidy for light rail and commuter rail operations. . No grant award shall be made for operating costs of a transitway (except for the Hiawatha Light Rail Project, the Northstar Commuter Rail Project, Cedar Avenue Bus Rapid Transit Project, and the 35W Bus Rapid Transit Project from downtown Minneapolis south) unless the Board has previously awarded a grant for the capital costs of the transitway project. . No grant award shall be made for capital costs of a transitway project unless there is a 10% local match for the transitway project. A local match is defined as dollars that are not provided by the state, the Metropolitan Council, or the federal government. CTIB will continue to further define transitways as it moves through the process; however the following examples will not be considered transitways for the purpose of grant eligibility. . Regular route metro transit service . Area circulators Contact Information Sarah Erickson 651-215-4003 sarah(mamm145.org June 20, 2008 Preliminary Estimates 0.25% 5-County Metro Area Transit Sales and Use Tax ($OOOs) September 2008 to December 2008 January 2009 to June 2009 $28,800 $41,700 Effective date is July 1, 2008. Note:' The estimates reflect when revenues would be received by the Transit Irpprovement Board. The estimates do not include the separate $20 per vehicle motor vehicle excise tax. Laws 2008, Chapter 152, provides for a 0.25% local sales and use tax for the seven metro counties. Five counties - Anoka, Dakota, Hennepin, Ramsey, and Washington - are participating. The 0.25% 5-county metrq-area sales and use tax is to be imposed on the same base as the state 6.5% sales and use tax. The tax is to be used for transit and will be remitted to the Transit Improvement Board. . The tax will be effective July 1, 2008. It is expected that the tax on July sales which is remitted to the state in August will be remitted to the Transit Improvement Board (CTIB) 5 days after the last day of August with a reconciliation payment 40 days after the last day of August. This pattern will continue for subsequent months. . o The estimate is based on two primary sources: 1) calendar year 2006 sales and use tlP( statistics produced by the Department .ofRevenue, and 2) 12 months of actual collections for the 0.15% Hennepin County sales tax (April 2007 to March 2008). . A total of $28.16 million of sales and use tax collections were reported for the current Hennepin County 0.15% local tax - April 2007 to March 2008. . This $28.16 million for Hennepin County is converted from the 0.15% taX rate to the 0.25% tax rate. The calculated amount for the same period of time (April 2007 to March 2008) at the 0.25% rate is $46.9 million. e Based on the 2006 sales tax statistics, it is assumed that the counties of Anoka, Dakota, Ramsey, and Washington combined are 81,6% of the Hennepin County amounts. . An average annual growth factor of2% is applied to determine 2008 and 2009 estimates. The average annual growth factor is based on information from Global Insight (April 2008 publication). . Adjustments were included to account for implementation issues and to net out administrative charges. Minnesota Department of Revenue Tax Research Division May 30, 2008 O.25%MetroTransitST f ITS ~CL City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Council Members& City Administrator VI 1.\ . Lee Smick, AICP (J)i n City Planner v' FROM: SUBJECT: Adopt Resolution - Vacate Drainage and Utility Easements - AlIina Hospitals & Clinics ~ DATE: July 7, 2008 INTRODUCTION The City has received a request from AlIina Hospitals & Clinics to vacate the existing drainage and utility easements located on Lot 1 Block 1 Glenview Commercial Addition (Exhibits A and B). DISCUSSION The property owner, AlIina Hospitals & Clinics, received approval by the City Council on June 16,2008 for the Allina Medical Addition Preliminary and Final Plat (Exhibit C). As stated at that meeting, the contingency of the plat approval was to vacate existing easements on the underlying Glenview Commercial Addition plat. The City Attorney has reviewed and approved the proposed vacation of the existing drainage and utility easements on the Glenview Commercial Addition plat. ACTION REOUESTED Adopt a resolution to vacate the existing drainage and utility easements as shown on Exhibits A and B on Lot 1 Block 2 Glenview Commercial Addition. Respe~ snbmitted, ti~ Lee Smick, AICP City Planner cc: Allina Hospitals & Clinics 12-1 RESOLUTION NO. A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS 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 7th day of July, 2008 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, drainage and utility easements need to be vacated from Lot 1 Block 1 Glenview Commercial Addition; and WHEREAS, the City of Farmington has received a request from the Property Owner to vacate the drainage and utility easements legally described on the attached Exhibit "A and B"; and WHEREAS, it appears that it is in the public interest to vacate the drainage and utility easements legally described on the attached Exhibit "A & B"; and WHEREAS, pursuant to Minn. Stat. S 412.851, the Farmington City Council has conducted a hearing preceded by published and posted notice to consider the easement vacations requested by the Property Owner. NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington: 1. The drainage and utility easements described and attached hereto as Exhibit "A and B" are hereby vacated. 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder in and for Dakota County, Minnesota. This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of July, 2008. Mayor Attested to the _ day of July, 2008. City Administrator 12-2 Ex. A ALLINA MEDICAL CLINIC EASEMENT VACATION Vacate all Drainage and Utility Easements in Lot 1, Block 1, GLENVIEW COMMERCIAL ADDITION, according to the plat on file and ofrecord in Dakota County, Minnesota. 12-3 Consulting Engineers 621 Lillle Drive North, Mlnnellpolls, MN 55422 (612) 545-9196 . 100 CD ci :z: I ~ .... > < .... I i .... ... ... :I; E u ~ 1110 . ; I ..I s ~J3414 -' <( o 0:::: W ::E ::E o o 0-<'" v (J*- ~a <0 I r -.... " 3: w > z w -' c:> z o I- o o <( ~ 21STH S'l"REE'I' ALL DRAINAGE AND UTlUTY EASEMENTS IN LOT 1, BLOCK 1, GLENVIEW COMMERCIAL ADDITION TO BE VACATED PROPERTY TO BE REPLAT AS LOTS 1 AND 2. BLOCK 1, ALLlNA MEDICAL ADDITION TO INCLUDE NEW DRAINAGE AND UTILITY EASEMENTS. (SEE PLAT) DATE 6/23/09 DRA\oIN SHEET NUMBER CHK'D BY DlD DR\oI V ACA TION SKETCH ALLIN A MEDICAL CLINIC FARMINGTON, MN 1 CLARKI! V0900a 12-4 I 2 \1 =U :I! SCALE: 1" = 100' lo.nd Surveyors tiL l:lj( OF -L-SHTS ENGINEERING CORPORATION z o f--i f-i f--i ~ ~ ~ H ~ U J---.-l ~ ,ij ~ ~ Z f--i H H ~ ~ - S ~ !.- ~:~ ...~1: ;~~ 'N~ /~~! ~~IL ~g ~!2 ;~ ~~ .~ :S 5~ ~tj ~~ S~ ~~ ~~. ~~~~ ~~~~ ~8:g ~~~;; :~!~ F..t1=N ~~ffie ~~~ffi ~~~~ ;~~~~ . 0 I _____ I r:-!.,. ~ :5:ri9 ..- -- IUlti:t= /- ~~~~ ~/ leiy" -;-;::, ,~.. ;-:;; ,,~~, -;;-::;:. --;-;-:-. .: l~_~~no 'L- _ J .. ~~ C I'H)U.IUU'r: 1'"l1....~1;j1"l1":!.J.,.' nn..:::l:\:"J3 l';) '__....... \ / -------- .v,/ "". , ~.o'O '\ ."-,,,,/ _ll"'\'l!i ....' -- -~9!f~ !.zc,a.oON- __~ ___6...45"10 _~...... '",. 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'/' 2S. ,.,j '/' ,.., : ""1-- ""J' u ffi" L.I VJ ~~~~ " ~: ~ sl~ \ I i ~ 11 m I ~.::; -r r.: i~ ,., :~ ,-- ~.. N ~! ~~ ~. 8$ u / 99 DO I! i > t " g" .~ ~~ ;:; ti1 !!! i: I 1-- .., I,~ I~~ =, f= I"'''; ~~ 0 .., .:( 1:1: 1 f- ,::: ::> '" aC'': ,'" " ...~ I I I I I I I I , L r I i""""~ 2 g I ! I .. ill :I: Ul N ... o N Iu w :z: Ul ~~.~ ~ 12-5 9~ City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City AdnlliJjstrator} Kevin Schorzman, P .E., City Engineer FROM: SUBJECT: Award Contract - Roundabout at TH-3 and 190th Street DATE: July 7, 2008 INTRODUCTIONIDISCUSSION The City Council authorized advertisement for bids for the TH-3 Roundabout Project at the May 19,2008, City Council meeting. Bids were taken on Monday, June 23,2008. Seven bids were received as shown on the bid summary below: Bid $1,113,433.88 $1,213,153.20 $1,227,947.60 $1,250,842.27 $1,327,484.04 $1,390,243.29 $1,575,077.04 Based on the bids that were received, staff recommends awarding the contract to Ryan Contracting Company for the bid price of$I,I13,433.88. MnDOT has received a copy of the bid tabulation, and has concurred with the recommendation to award the contract to Ryan Contracting. Representatives from Dakota County, Empire Township, and the Developer were also given copies of the bid tabulation, and none indicated a concern with awarding the contract. BUDGET IMPACT The low bidder on the project was Ryan Contracting Company with a base bid of$I,I13,433.88. This compares to the engineer's estimate of $1,550,000.00. The project will be funded as outlined in previous communications and the agreements in place between the City, MnDOT, Dakota County, Empire Township, and the Developer. A summary of the current project contributions is shown on the table on the following page. 13-1 TH-3 Roundabout Award July 7, 2008 Page 2 Funding Total Source Amount MnDOT $550,000 Dakota County $400,000 Empire Township $380,000 Developer $310,000 City (MSA) $539,000 Total: $2,179,000 The above-mentioned funding contributions were set by agreements with the different project partners. Because this is a reconstruction project, and a project with higher than average costs for project engineering, staff recommends budgeting the revenues as shown above. Upon completion of the project, any remaining funds can be redistributed in an appropriate manner. It is recommended that the project be awarded to Ryan Contracting Company on the Base Bid Amount of$1,113,433.88. ACTION REQUESTED Adopt the attached resolution accepting the base bid of Ryan Contracting Company in the amount of$I,113,433.88 and awarding the project. Respectfully Submitted, ~ ft-----. Kevin Schorzman, P .E. City Engineer cc: file 13-2 RESOLUTION NO. R-08 AWARD BIDS FOR PROJECT NO. 08-03 TH-3 ROUNDABOUT PROJECT 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 7th day of July, 2007 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to an advertisement for bids for the TH-3 Roundabout Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement from firms determined to be responsible and competent for the Project: Low #2 #3 #4 #5 #6 #7 ; and, Bid Amount $1,113,433.88 $1,213,153.20 $1,227,947.60 $1,250,842,27 $1,327,484.04 $1,390,243.29 $1,575,077.04 WHEREAS, the firm of Ryan Contracting Company is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED that: 1. The base bid of Ryan Contracting Company in the amount of $1,113,433.88, is hereby accepted and awarded and the Mayor and Clerk are hereby authorized and directed to enter into a contract therefore. This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of July 2008. Attested to the day of July, 2008. SEAL Mayor City Administrator 13-3 9b City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator (j; Kevin Schorzman, P,E., City Engineer FROM: SUBJECT: Award Contract - Spruce Street/2nd Street Reconstruction Project DATE: July 7, 2008 INTRODUCTIONIDISCUSSION , The City Council authorized advertisement for bids for the Spruce Street/2nd Street Reconstruction Project at the May 19, 2008, City Council meeting. Bids were taken on Thursday, June 26, 2008. Nine bids were received as shown on the bid summary below: Contractor Bid Ryan Contracting Co. $762,089.77 FriedQes Contracting Co., LLC $783,405,32 Max Steininger, Inc. $804,715.74 Northwest Asphalt, Inc. $807,680.20 Valley PavinQ, Inc. $827,337.80 Redstone Construction Co., Inc. $853,019.08 Northdale Construction Co., Inc. $872,287,92 McNamara Contracting, Inc. $878,186.68 Eureka Construction, Inc. $880,523.40 It is recommended that the project be awarded to Ryan Contracting Company for the bid amount of $762,089.77. BUDGET IMPACT The low bidder on the project was Ryan Contracting Company with a bid of $762,089.77. This compares to the engineer's estimate of $920,000.00. The project will be funded through a combination of contributions from the road and bridge fund, the water, sanitary, and storm sewer enterprise funds, and assessments to the benefiting properties. A breakdown of project financing based on the low bid received for the project is shown in the table on the following page (these numbers include 10% for contingencies and 27% for engineering, legal and administrative costs): 14-1 SprucelyuJ Street Award July 7,2008 Page 2 Funding Total Source Amount Road and Bridge Fund $ 653,946 Sanitary Fund $ 88,961 Water Fund $ 103,969 Storm Water Fund $ 129,263 Assessments $ 88,500 Total: $1,064,639 The total estimated project cost in the feasibility report was $1,178,928. Staff recommends that the project be awarded to Ryan Contracting Company on the bid amount of $762,089.77. ACTION REOUESTED Adopt the attached resolution accepting the bid of Ryan Contracting Company in the amount of $762,089.77 and awarding the project. Respectfully Submitted, ~;;J< /1. 4#1 Kevin Schorzman, P.E. City Engineer cc: file 14-2 RESOLUTION NO. R-08 AWARD BIDS FOR PROJECT NO. 08-02 SPRUCE STREET/2ND STREET RECONSTRUCTION PROJECT 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 7th day of July, 2007 at 7:00 p,m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to an advertisement for bids for the Spruce Street/2nd Street Reconstruction Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement from fIrms determined to be responsible and competent for the Project: Low #2 #3 #4 #5 #6 #7 #8 #9 ; and, Contractor Bid Amount Rvan Contractino Co, $762,089.77 Friedges Contractino Co., LLC $783,405.32 Max SteininQer, Inc. $804,715,74 Northwest Asphalt, Inc. $807,680.20 Vallev Pavino, Inc. $827,337.80 Redstone Construction Co., Inc. $853,019.08 Northdale Construction Co., Inc, $872,287,92 McNamara Contracting, Inc. $878,186.68 Eureka Construction, Inc. $880,523.40 WHEREAS, the fIrm of Ryan Contracting Company is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED that: 1. The base bid of Ryan Contracting Company in the amount of $762,089.77, is hereby accepted and awarded and the Mayor and Clerk are hereby authorized and directed to enter into a contract therefore. This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of July 2008. Mayor Attested to the day of July, 2008. City Administrator SEAL 14-3 IDa:. City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman, P.E., City Engineer SUBJECT: 2008 Sealcoat Project Update DATE: July 7, 2008 INTRODUCTIONIDISCUSSION Staffwill provide a verbal update on the 2008 Sealcoat Project. BUDGET IMPACT None. ACTION REOUESTED This item is provided for Council's information. Respectfully Submitted, fk Kevin Schorzman, P,E., City Engineer cc: file 15-1 /C:?~ City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Peter J. Herlofsky, Jr.!} City Administrator VI SUBJECT: Police Bike Patrol DATE: July 7, 2008 INTRODUCTION / DISCUSSION Attached is a request from Police Chief Lindquist to implement a bike patrol. This would address several current issues and will also reduce fuel usage. BUDGET IMPACT The total cost is approximately $910. There is $1000 allocated in the 2008 budget for a display case. These funds would instead be used to purchase a bike and equipment. ACTION REQUESTED Approve implementing a bike patrol and purchasing a bike and equipment. Respectfully SUbID..' itle;-7d, ../ 9w J'-,J)h Peter J. Herl,{sky, Jr. / / City Administrator Cmuller/Herlofsky/Council MemoslBike Patrol 16-1 FARMINGTON POLICE DEPARTMENT 19500 MUNIClI'AL DRIVE. FARMINGTON. MN 55024 (65D 463-3333. (65D 463-3122 FAX Brian A_Lindquist; Chief of Police --::::.;:,:;~;;:;:;::: . . ..,. ""---"<~~--- L ... ;t-/ ,-'- fl, FA f( ,V, 1 r'~C; TCII'~ PC)l ICE ~-~~~~~i~ " -, i. 'rT l.~ ',_"11_., ", ...,'. \II' '.~-- ,-- I' U' .1.1..... ;"$'A ~....-.'''".;.) '1." ~ r'-' I i-~~t.~--:~_ \~~'~~~J~~;~-,c~:':__:'~_;t~_;:':-;~ t I ~.=f' _.. -.", . '. .... ''''''''''I'''''''''''''''<'''''''''''?'''~-''''''''., .::", '-.. .,..>, ,_:~ ,';'.'::, \-,r ..' ';-~.......:1.:t;+...y..~ ,~; ~1~.;~.. ~'-'I'. '.'iiIiII'-"~;ilbi~~~:'~11 '_ ll:IlIO;.~. .~,... ~.. ,.........'"S:.- _c_",.;",",_.N~ JlU1e 20, 2008 City Administrator Peter Herlofsky 325 Oak St Fannington, MN 55024 RE: Reallocation of funds for bike patrol. The Farmington Police Department has several current issues that I believe can be addressed with the implementation of a bike patrol. Several of the problems deal with juveniles in the Rambling River Park and locations near the railroad tracks. Over the course of the past few months, officers have responded to an increased number of complaints of damage and trespassing on or about the tracks. Several train conductors have commented about kids playing chicken with the trains and moving signs or barricades onto the tracks causing damage to the trains themselves. Officers are able to access these areas with police cars, but are unable to do so without prior detection. The offending juveniles are then able to flee the area prior to our arrival. Most recently, the increased price of gas has prompted discussion on how the department could reduce its fuel usage. A bike patrol is not a significant investment and would pay for itself in a short time. This would also afford officers an opportunity for more personal contact with citizens who otherwise might not have that ability. Several weeks ago, officers were given direction to put together a list of necessary equipment. A copy of equipment and associated costs is attached to this memo. Monies for this project would be reallocated from 1050-6220, 2008 budget. $1000.00 was requested to build a lobby display case. I would like to use tllose funds to purchase the bike and equipment. Sincerely, Brian A. Lindquist Chief of Police Fannington Police Department 16-3 Farmington Bike Patrol Start up equipment cost to implement a Bike Patrol program. Fuji Patrol Police Bike with Lights Bag and Helmet $600.00 This bike includes two colored emergency lights, a helmet, and a trunk bag. It also comes with "Police" identification badging and custom detailing is available. See following web site to see the bike and what it includes. http://www.abikestore.com/Merchant2/merchant.mvc?Screen=PROD&Store Code=pbs &Product Code=fuii-patrol-combo Optional head light and third emergency light- $39.95 We have 8 total officers that have expressed interest in participating in a bike patrol. Two different brands/styles of shorts can be purchased through Galls for 29.99 a pair. 8 officers x 30.00 = $240.00 for shorts Optional helmet for each officer at $30.00 a helmet x 7 would be an additional $210.00 (we get one free helmet with the purchase of the bike). I would recommend buying each of the eight officers 1 pair of shorts and then purchase one additional helmet for a total of two. One large and one medium helmet should cover all our officers. If an officer wants their own helmet they can use their uniform allowance. Total Cost including the bike, head light, emergency lights, 2 helmets and 8 pairs of shorts: Bike - $600.00 free shipping Shorts - $240.00 for 8 officers 1 extra helmet - $30.00 Optional Head light/emergency light - $39.95 Total Cost would be approximately $910,00 *Note start upeost does not include bike training. 1 day classes are available. 16-4 Values Statement Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence ofleadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees.