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HomeMy WebLinkAbout05.01.23 Council Packet Meeting Location: Farmington City Hall 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Monday, May 1, 2023 7:00 PM Page 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDATIONS 5.1. Proclamation for Farmington Dew Days Approve the proclamation for Dew Days June 22-25, 2023. Agenda Item: Proclamation for Farmington Dew Days - Pdf 4 - 5 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS (This time is reserved for citizen comments regarding non-agenda items. No official action can be taken on these items. Speakers are limited to five minutes to address the city council during citizen comment time.) 7. CONSENT AGENDA 7.1. City Council Meeting Minutes of April 17, 2023 Agenda Item: City Council Meeting Minutes of April 17, 2023 - Pdf 6 - 13 7.2. Temporary On Sale Liquor License - Farmington Municipal Liquors Agenda Item: Temporary On Sale Liquor License - Farmington Municipal Liquors - Pdf 14 - 15 7.3. Authorize a Professional Services Agreement for 2023 Resident Project Representative Services Agenda Item: Authorize a Professional Services Agreement for 2023 Resident Project Representative Services - Pdf 16 - 30 7.4. Authorize a Professional Services Agreement for 2023 Traffic Counts Agenda Item: Authorize a Professional Services Agreement for 2023 Traffic Counts - Pdf 31 - 43 Page 1 of 185 7.5. Authorize a Professional Services Agreement for Plan Review and Inspection Services for the Daisy Knoll Water Storage Facility Agenda Item: Authorize a Professional Services Agreement for Plan Review and Inspection Services for the Daisy Knoll Water Storage Facility - Pdf 44 - 60 7.6. Acknowledge Financial Review for the Quarter Ending March 31, 2023 Agenda Item: Acknowledge Financial Review for the Quarter Ending March 31, 2023 - Pdf 61 - 75 7.7. Approve Bills Agenda Item: Approve Bills - Pdf 76 - 99 7.8. Purchase of DebtBook Software Agenda Item: Purchase of DebtBook Software - Pdf 100 - 115 7.9. Resolution Declaring Surplus Property-Fire Agenda Item: Resolution Declaring Surplus Property-Fire - Pdf 116 - 117 7.10. Lease of City-Owned Conduit to Hiawatha Broadband Communications for Fiber Optic Lines - Elm Street Agenda Item: Lease of City-Owned Conduit to Hiawatha Broadband Communications for Fiber Optic Lines - Elm Street - Pdf 118 - 132 7.11. Approve Agreement with Wayzata Results for Race Result Timing Services Agenda Item: Approve Agreement with Wayzata Results for Race Result Timing Services - Pdf 133 - 137 7.12. Approve Request to Waive Fees for 2023 Dew Days Celebration 7.13. Approve the Dakota County Drug Task Force Joint Powers Agreement Agenda Item: Approve the Dakota County Drug Task Force Joint Powers Agreement - Police - Pdf 138 - 157 7.14. Renew Body Camera Contract - Police Agenda Item: Renew Body Camera Contract - Police - Pdf 158 - 166 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS 12.1. Authorize a Professional Services Agreement for the Akin Road Improvement Construction Services 167 - 182 Page 2 of 185 Approve a Professional Services Agreement with WSB for the Akin Road Improvement Construction Services and Authorize the Mayor and City Administrator to execute same. Agenda Item: Authorize a Professional Services Agreement for the Akin Road Improvement Construction Services - Pdf 12.2. Receive Bids and Award a Contract for the Akin Road Improvement Project Staff recommends acceptance of the bids and award of a contract for construction of the Akin Road Improvement Project to McNamara Contracting of Rosemount in the amount of their bid $1,880,886.20 and authorize the Mayor and City Administrator to execute the same. This includes approval of a change order contingency of $188,000 (about 10% of the contract) be established as an aggregate of all change order increases with a maximum amount of $50,000 allowed for any single change order increase without prior City Council approval. Agenda Item: Receive Bids and Award a Contract for the Akin Road Improvement Project - Pdf 183 - 185 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN Page 3 of 185 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Proclamation for Farmington Dew Days Meeting: Regular Council - May 01 2023 INTRODUCTION: A proclamation to allow an exception for the 2023 Dew Days festival. DISCUSSION: Farmington City Code, Section 3-11-4 Prohibition, states that it is unlawful for any person to drink or to display in an open container any intoxicating liquor or non-intoxicating malt liquor upon any public street, alley, sidewalk, walkway, or thoroughfare within the city limits of Farmington. City Code Section 311-5, Exceptions, allows the City Council to grant an exception, by proclamation, for a specified period of time to accommodate a public, civic, or municipal activity, community -wide, such as a celebration or festival. Staff is requesting that Council grant this exception for the 2023 Dew Days festival. BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the proclamation for Dew Days June 22-25, 2023. ATTACHMENTS: Dew Days Proclamation 2023 Page 4 of 185 P R O C L A M A T I O N FARMINGTON DEW DAYS WHEREAS, in 1979, Pepsi Cola announced that the citizens of Farmington drink more Mountain Dew per capita than any other city; and WHEREAS, a city festival was planned to celebrate, and the citizens of Farmington have continued to support this festival for the past 41 years; and WHEREAS, Farmington City Code Section 3-11-5 allows the City Council to grant an exception to ordinance Section 3-11-4 Prohibition, which states that it is unlawful for any person to drink or to display in an open container any intoxicating liquor or non-intoxicating malt liquor upon any public street, alley, sidewalk, walkway, or thoroughfare within the city limits of Farmington; and WHEREAS, an exception to the ordinance will be made by proclamation for a specified period of time to accommodate a public, civic, or municipal activity, community -wide, such as a celebration or festival, where the public may enjoy local and regional music and arts, activities, history and culture; and WHEREAS, the festival may have changed its name, location, and activities over the years, but the one thing that has not changed is the citizens of Farmington who love to celebrate each summer . NOW THEREFORE, I, Mayor Joshua Hoyt of the City of Farmington, do hereby proclaim an exception to City Code Section 3-11-4 for Dew Days from Thursday, June 22, through Sunday, June 25, and ask that the citizens of Farmington join me in celebrating: DEW DAYS – JUNE 22 THROUGH JUNE 25, 2023 IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Farmington, Minnesota, to be affixed on this 1st day of May 2023. ___________________________________ Joshua Hoyt, Mayor Page 2 of 2 Page 5 of 185 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: City Council Meeting Minutes of April 17, 2023 Meeting: Regular Council - May 01 2023 INTRODUCTION: For Council review and approval, enclosed are the minutes of the Regular City Council Meeting dated April 17, 2023. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the April 17, 2023 Regular City Council Meeting minutes. ATTACHMENTS: 04.17.23 Council Minutes Page 6 of 185 City of Farmington Regular Council Meeting Minutes Monday, April 17, 2023 The Farmington City Council met in regular session on Monday, April 17, 2023, at 7:00 p.m. in the City Hall Council Chambers, 430 3rd Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 3. ROLL CALL Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, Katie Porter, and Steve Wilson Members Absent: None Also Present: Lynn Gorski, City Administrator Leah Koch, City Attorney Julie Flaten, Asst City Administrator/HR Director Chris Regis, Finance Director Deanna Kuennen, Community Development Director John Powell, Public Works Director Kellee Omlid, Parks and Recreation Director Gary Rutherford, Police Chief Justin Elvestad, Fire Chief Tony Wippler, Planning Manager Jared Johnson, Planning Coordinator Missie Kohlbeck, Recreation Supervisor Jeremy Pire, Parks and Facilities Supervisor Shirley Buecksler, City Clerk 4. APPROVE AGENDA City Administrator Gorski requested that Item 9.11, Financial Review for the Quarter Ending December 31, 2022, be moved to New Business as Item 12.2. Motion was made by Councilmember Wilson and seconded by Councilmember Porter to approve the agenda, as amended. Motion carried: 5 ayes / 0 nays. Page 2 of 8 Page 7 of 185 Regular City Council Minutes April 17, 2023 Page 2 of 7 5. ANNOUNCEMENTS / COMMENDATIONS 5.1 Fair Housing Month Proclamation Mayor Hoyt presented a proclamation declaring the month of April as Fair Housing Month. 5.2 Arbor Day Proclamation Mayor Hoyt presented a proclamation declaring April 26, 2023, as Arbor Day in Farmington. 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS None. 7. PUBLIC HEARINGS There were no public hearings. 8. AWARD OF CONTRACT None. 9. CONSENT AGENDA 9.1 City Council Meeting Minutes of April 3, 2023 9.2 City Council Work Session Minutes of April 3, 2023 9.3 Resolution No. R27-23 Approving a Minnesota Lawful Gambling Event Permit Application for Farmington Youth Hockey Association 9.4 Resolution No. R25-23 Concurring with the Issuance of a Minnesota Lawful Gambling Exemption Permit to Conduct Gambling by the Farmington Rotary Club, June 23, 2023 9.5 Resolution No. R26-23 Cost Share Agreement Between the City of Farmington and County of Dakota for Election Electronic Pollbooks, Hardware, Software and Related Services 9.6 Appointment to the Rambling River Center Advisory Board 9.7 Resolution No. R24-23 Approving the Amended Memorandum of Agreement Between the State of Minnesota and Local Governments and Authorizing Participation in National Opioid Settlements 9.8 Performance Summary and Employment Agreement for the City Administ rator 9.9 First Quarter 2023 New Construction Report and Population Estimate 9.10 Staff Changes and Recommendations 9.11 ---Moved to New Business, Item 12.2 9.12 Claims List 9.13 Fireworks Agreement 9.14 Resolution No. R28-23 Accepting Donation of Visiting Bunnies from Thistle Creek Farms to the Parks and Recreation Department 9.15 Extension to Agreement with Youth Sports Plus for Video Services at Schmitz - Maki Arena 9.16 Contract for Emerald Ash Borer Tree Injection Services Page 3 of 8 Page 8 of 185 Regular City Council Minutes April 17, 2023 Page 3 of 7 Motion was made by Councilmember Bernatz and seconded by Councilmember Lien to approve the Consent Agenda, as amended. Motion carried: 5 ayes / 0 nays. 10. PETITIONS, REQUESTS AND COMMUNICATIONS 10.1 Request for a Comprehensive Plan Amendment to Re -Guide PID 14-82500-00- 040 from Park/Open Space to Low Density Residential Planning Director Jared Johnson presented. The subject parcel is 3.24 acres and is heavily wooded with steep slopes. It borders Vermillion Grove Park to the west and 19927 Akin Road to the east. It was platted as “Outlot D” in the Vermillion Grove subdivision in 2001 and was obtained by the property owner of 19927 Akin Road. There is a drainage and utility easement over the entire parcel. The subject parcel is currently zoned Low Density Residential but is guided fo r Park/Open Space in the 2040 Comprehensive Plan. 19927 Akin Road is currently zoned Low Density Residential and is guided for Low Density Residential in the 2040 Comprehensive Plan. Given the subject parcel is now privately owned by the adjacent property (19927 Akin Road) and not a part of the wetland/open space area in Vermillion Grove Park, Staff supports the requested Comprehensive Plan Amendment. The amendment will align the subject parcel with 19927 Akin Road, in terms of zoning and its future land use designation, even if the Applicant decides not to move forward with the subdivision process. Council asked questions about the adjacent trail, which is to the north, and how far the wetland buffer is set back (75 feet). If the wetland buffer is not currently posted or staked, concern that it will be marked. Planning Director Johnson said we can add this in as a conditional approval. Motion was made by Councilmember Porter and seconded by Councilmember Wilson to approve the Comprehensive Plan Amendment and adopt Resolution No. R29-23 Amending the 2040 Comprehensive Plan to Change the Land Use Guidance for 3.24 Acres of Property Identified as PID: 14-82500-00-040 and Legally Described as “Outlot D, Vermillion Grove” from Park/Open Space to Low Density Residential. Motion carried: 5 ayes / 0 nays. 11. UNFINISHED BUSINESS None. Page 4 of 8 Page 9 of 185 Regular City Council Minutes April 17, 2023 Page 4 of 7 12. NEW BUSINESS 12.1 Parks and Recreation Department’s 2022 Annual Report Parks & Recreation Director Kellee Omlid, Recreation Supervisor Missie Kohlbeck, and Parks & Facilities Supervisor Jeremy Pire presented the Parks and Recreation Department’s 2022 Annual Report. Council gave positive feedback and thanked everyone for all their work. Mayor Hoyt added that our Parks and Recreation Department is one of the primary reasons people call Farmington home. 12.2 Financial Review for the Quarter Ending December 31, 2022 Finance Director Chris Regis provided a review for Council of the financial performance of the General Fund and several other funds. Council said this review gives them a better understanding and they appreciate the work Chris Regis has done. Regis said he has a great support staff. 13. CITY COUNCIL ROUNDTABLE Councilmember Bernatz Farmington Currents is now available at City Hall and in residents’ mailboxes. There are so many unique and fun things going on, and she encourages everyone to get involved and participate in community events. One of those events is Dew Days, which starts in 66 days. Look for more information on the Farmington Dew Days Facebook page. Follow that to the website for new events coming up. Specific to this weekend, the spring musical is starting. Farmington High School Theater is performing Little Shop of Horrors on April 21-23 and April 28-29 at Robert Boeckman Middle School. On April 28th, Police and Fire Department Staff will receive discounted tickets. I had a really good time at Celt’s for their tasting event. Josh Solinger and his Staff, along with the Celt’s Staff did a great job putting on that event. Councilmember Lien Thank you to Watt Munisotaram for the invitation to their New Year Festival. There was a lot of art and culture to experience, and it was really fun. Thank you to Mr. Solinger for the tasting event at Celt’s. It was a good night. On the Consent Agenda we had a Memorandum of Agreement on the Opioid Settlement. Discussion with others on the best use of that money may be public service announcements (PSA’s) being the most effective forms of awareness to the drug markets. The Biden Administration declared an emerging threat called Xylazine. My PSA is don’t get involved with this one. This is one that causes Page 5 of 8 Page 10 of 185 Regular City Council Minutes April 17, 2023 Page 5 of 7 permanent damage. There is nothing good about it. If you know if its existence, please help the people you know who are involved, where you can. Don’t be afraid to alert the authorities to this stuff, this is not something we want in Farmington. Councilmember Porter The Celt’s tasting event was very fun. Hoping for good weather for spring sports. Councilmember Wilson My compliments to those at the tasting event last week. I had ten times more fun than I expected. I’m still smiling at what a great time it was. Thank you to Peter Gilbertson, IT Manager, who just completed setting up a major technology that we approved. We have now passed winter parking rules, so you can park in front of your residence again without fear of being ticketed, except in scenarios where there may be road conditions prohibiting parking in the street. Life can change in the blink of an eye for anyone. Our Police and Fire teams are so community-minded that it would be almost impossible to miss them. When you meet Military personnel, City Police Officers or City Firefighters, please express your appreciation for their service and their families. They go through a lot, and that extra thank you goes a long way. City Attorney Koch Current Assistant County Attorney Tori Stewart has been appointed to the bench in Goodhue County in Red Wing. Congratulations to future Judge Tori Stewart. City Administrator Gorski Thank you to Josh, Wendy and Cindy for putting on a great tasting event at Celt’s. It was great meeting some residents and enjoyed good conversation with them. The State of the City Address is April 27th at 8:30 a.m. in the Council Chambers. If you are interested in attending, you can go to the Dakota County Chamber website and sign up. Everyone is welcome, and I hope to see you there. Assistant City Administrator/HR Director Flaten Welcome to Shirley Buecksler, our new City Clerk. Page 6 of 8 Page 11 of 185 Regular City Council Minutes April 17, 2023 Page 6 of 7 Public Works Director Powell The Arbor Day Event will be April 26th at Evergreen Knoll Park from 10:00 to 10:30 a.m. This is a public event for anyone who would like to join. From the significant snow we had, there was damage to a lot of trees. Our Public Works Staff, along with the contractor, have touched about 250 trees, 8 of which had to be removed for safety concerns from branches broken and trees split from the weight of the snow. Also, 4:30 p.m. tomorrow for the Farmington Fix, this is the last opportunity to report any tree damage you ha ve in the public right-of-way. Hydrant flushing started today. This is about an 8- or 9-day process. Updates will be posted via the website. The Akin Road bid opening is this week, and we also have a Spruce Street reconstruction meeting happening this week. We will have a much better understanding of the contractor’s schedule after that meeting. Parks & Recreation Director Omlid The public engagement phase for the Rambling River Park Master Plan started last week. On the City’s webpage under Current News is a link to the survey about the park and also a social pinpoint map, so I would encourage residents and visitors alike to visit it, and fill out your comments by April 30th at www.farmingtonmn.gov. We will be having an Open House in the park, tentatively scheduled for May 31st. We will confirm that date as we get closer to the event. Welcome to Anthony Berra, our newest Arena and Parks Maintenance Worker. Finance Director Regis We have kicked off the 2024 budget process today. We also have the Capital Improvement process ongoing. Fire Chief Elvestad Thanks to everyone for a successful Easter Egg Hunt. Even though there was a foot of snow on the ground, people continued to come, and it was a very good event. We partnership with the Dakota County Fairgrounds. They allow us to use the fairgrounds for free. The Farmington Ambassadors, volunteers from the school, our relief association, the auxiliary, and our Firefighters, and more made it a good event with hundreds of kids enjoying the event. About 650-700 pounds of food went to the food shelf. Police Chief Rutherford We are just over one month from the Police Department’s Police Week Open House on May 20th from 11:00 a.m. to 2:00 p.m. and we will also be collecting food Page 7 of 8 Page 12 of 185 Regular City Council Minutes April 17, 2023 Page 7 of 7 for the food shelf with Stuff the Squad again. It’s always a super fun event with bounce houses, the helicopter, SWAT trucks, K9 demonstrations, and more. We would love to see everyone come out. Mayor Hoyt Hiawatha Broadband will be mobilizing across the community to provide fiber access to 100% of homes (their goal) and free Wi-Fi access in our parks. They will be around for the next two years, so you will see utility markings, their presence in front yards and roadways. There is a lot of fiber to put in around the community but, in the end, we will have more competition in town and free Wi-Fi in our parks. Dew Days is fast approaching on June 22-25, so mark your calendars. The Committee has worked hard to improve on last year’s event. We had a huge draw at last year’s event, and we are looking forward to even more attendance this year. The Relay for Life event will be held July 20-21 at Robert Boeckman Middle School. This year’s event hits a little closer to home for the City of Farmington team. Anyone across the community, as well as outside the city of Farmington, is more than welcome to join. You’re welcome to register your own team and set your own fundraising goal. All proceeds go to the American Cancer Society, and 78% of every dollar is donated back to either family support or research. I, personally, will be walking for 24 hours this year. My goal is to go over 50 miles. We currently have about 13 teams and 50 participants registered. You can find more information on Farmington Relay for Life on Facebook, Instagram, and other sources. It will be a great event for an unbelievable cause. 14. ADJOURNMENT Motion was made by Councilmember Porter and seconded by Councilmember Wilson to adjourn the meeting at 7:50 p.m. Motion carried: 5 ayes / 0 nays. Respectfully submitted, Shirley R Buecksler City Clerk Page 8 of 8 Page 13 of 185 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Temporary On Sale Liquor License - Farmington Municipal Liquors Meeting: Regular Council - May 01 2023 INTRODUCTION: Farmington Municipal Liquors is requesting a Temporary On Sale Liquor License for Dew Days. DISCUSSION: Farmington Municipal Liquors is requesting approval of a Temporary On Sale Liquor License for an event to be held in conjunction with the Dew Days festival on June 22, 2023. Per State Statute, a Temporary On Sale Liquor License must first be approved by the City and forwarded to the State for approval 30 days prior to the event date. BUDGET IMPACT: The State of Minnesota waives all fees for Temporary Liquor Licenses for non -profit organizations; therefore, the City has not established a fee for this type of license. ACTION REQUESTED: Approval of the attached application for a Temporary On Sale Liquor License for Farmington Municipal Liquors for an event to be held on June 22, 2023 at Rambling River Center, 325 Oak Street, west parking lot, Farmington, Minnesota. ATTACHMENTS: Farmington Liquors Temporary On-Sale Liquor License Application Page 14 of 185 ‘\?~or-n‘o\in3>(Ho:-U‘Qex?kx 5 \Ne.e MinnesotaDepartment of PublicSafety Alcohol and Gambling Enforcement Division 445 Minnesota Street,Suite 222,St.Paul,MN 55101 651-201-7500 Fax 651—297—5259TTY651~282-6555 APPLICATION ANDPERMITFOR A1 DAY TO 4 DAY TEMPORARYON-SALELIQUORLICENSE Name OfOigahllgtlon ‘‘ Date organized [ax exempt number i ¥?:\rm~n3’sonl‘<‘\ur\3§.i.Qo.\Cxquovs migg”;1 41-ioOO'5i§l Address City State Zip Code ‘B3:8%STr,_é§e1°iLiE:igzicmsegmnJiwnnesoraiiasogl Na e of personmaking application Business phone Home phone?indg Y‘\"\c.‘<‘rm\\:x\liobi-aisQ-(3365 — Datelsiof event Type of organization Club Charitable Religious Other non~proflt Qgagnizationofficer‘:name City State Zip Code Minnesota Organization officer'sname city state Zip code — Minnesota Organization officer's name City State Zip Code Minnesota Organization officer's name City state Zip Code Minnesota L l h ‘lib d.if ,.,ocat on w ere permit wi e use an outdoor areadescribe *?°y¥.‘h¥°*_ '?,‘)8°'3 Oak.EV-,-‘?QYiY\|h‘Z)'b‘(\,\’*‘?5 74' ifthe applicant willcontract for intoxicating liquor servlcegive the name and address of the liquor license providing the service. lictgi,T2oi’ii/imwteoiaowe ineiircurzcz‘1rui°s~* Mimitxpixl Li uor Uotloilittle\oooli%<8-*7 if the applicant willcarry li uor liabilityinsurance p ase provide the carrier's name and amount of coverage. APPROVAL APPUCATIONMUSTBEAPPROVEDer CITYoncoumvBEFORESUBMiTTlNGT0 ALCOHOLANDGAMBUNGENFORCEMENT Qittioi?Qmmmoiton City or‘Countyapproving the‘?cense Date Approved on ,22/2025 Fee Amount Permit Date sbwecissier@x0(LrvnNi0\l1) f3mn.Ci0v_W ifDateFeePaidCityorCountyEmailAddress" iogi,2930.M305 Cityor County Phone Number Signature City Clerkor County Of?cial Approved Director Alcohol and Gambling Enforcement CLERKSNOTICE:Submit this form to Alcoholand Gambling EnforcementDivision30 days prior to event. ONE SUBMISSIONPEREMAIL,APPLlCATlONONLY. PLEASEPROVlDEA VALIDEMAILADDRESSFORTHECITY/COUNTYASALLTEMPORARYPERMlTAPPROVALS WILLBE SENT BACKVIAEMAIL.E~MAlLTHEAPPLICATIONSIGNEDBYCITY/COUNTYTO AGE.TEMPORARYAPPLICATIONQSTATEMN.US Page 2 of 2 Page 15 of 185 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Authorize a Professional Services Agreement for 2023 Resident Project Representative Services Meeting: Regular Council - May 01 2023 INTRODUCTION: Project Resident require will that this year projects several have will City The underway Representative (RPR) services. There are not only inspection needs on the 2022 Stree t & Utility Improvement project, but also the new residential development work, along with right -of-way permit activities which includes the HBC fiber extension. The City’s Engineering Technician, along with the recommended contract RPR, will inspect these construction activities. DISCUSSION: On February 21, 2023, the City Council approved the Consultant pool for 2023 -2027. Bolton & Menk is one of the firms in the Consultant pool and has prepared the attached scope and budget based on discussions with City Staff regarding this project. The scope includes the following major tasks: • Provide day-to-day construction observation on projects identified by City Staff. • Maintain daily construction logs and documentation of pay items. • Work with City and contractor to prepare monthly pay requests. It is anticipated that these services will only be required from May through October of this year, and the contracted RPR will be limited to an average of 40 hours per week. The attached Professional Services Agreement (PSA) uses the format provided by the C ity Attorney, which was also included in the solicitation for pool firms. BUDGET IMPACT: The total estimated not to exceed fee for this work is $146,029. Even though most of the RPR time is expected to be on the 2022 Street a& Utility Improvements, we do not yet know the exact number of hours on each project. That will be determined by scope and timing of construction activity as well as availability of the City’s inspector. In general: • Costs related to the 2022 Street & Utility Improvement project will be allocated consistent with the other construction costs to General Obligation Bonds, Tax Abatement Bonds, Sanitary Sewer Fund, Water Fund, and the Storm Sewer Fund. • Developments will be allocated to financial securities provided by the individual development. Page 16 of 185 • Costs related to right-of-way permit activities will be covered by permit fees. ACTION REQUESTED: Approve a Professional Services Agreement with Bolton & Menk, Inc. for the 2023 Resident Project Representative Services and Authorize the Mayor and City Administrator to execute same. ATTACHMENTS: B&M 2023 RPR Services PSA w att Page 2 of 15 Page 17 of 185 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 1st day of May, 2023, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and Bolton & Menk, Inc. a Minnesota Corporation, whose business address is 12224 Nicollet Avenue, Burnsville, MN 55337 (hereinafter "Engineer"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit “A” attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated John Powell, Public Works Director/City Engineer (the “City Representative”), and the Engineer has designated Kyle Johnson, Principal Engineer (the “Engineer Representative”). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $146,029 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the Page 3 of 15 Page 18 of 185 224345v1 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by November 30, 2023. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any Page 4 of 15 Page 19 of 185 224345v1 negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. c. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. Page 5 of 15 Page 20 of 185 224345v1 d. Engineer shall maintain “stop gap” coverage if Engineer obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Farmington” as an additional insured. f. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. l. The Engineer’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. m. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer’s Work. Upon request a copy of the Engineer’s insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Engineer of any deficiencies in such documents and Page 6 of 15 Page 21 of 185 224345v1 receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section p, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed Page 7 of 15 Page 22 of 185 224345v1 services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, partners’, employees’, volunteers’, assignees’, or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Page 8 of 15 Page 23 of 185 224345v1 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR. Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Page 9 of 15 Page 24 of 185 224345v1 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: May 1, 2023 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Lynn Gorski City Administrator Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________ [title] Page 10 of 15 Page 25 of 185 224345v1 EXHIBIT “A” SCOPE OF SERVICES Page 11 of 15 Page 26 of 185 N:\Proposals\Farmington\2023 Construction Observation Services\Construction Services-2023 only.docx April 13, 2023 Mr. John Powell, PE Public Works Director / City Engineer City of Farmington 430 Third Street Farmington, MN 55024 Re: Proposal for 2023 Construction Services Dear Mr. Powell: In response to your March 9, 2023 request for 2023 construction services support, this letter outlines our scope and fee assumptions for providing construction services for the 2023 development construction activities. Construction Services (2023) $146,029 At the request of the city, the following scope is proposed to provide a resident project representative to assist the city on the construction observation of the various developments planned for 2023. It is understood that city staff will now be providing all construction management/administration for these projects. It is also understood that Braun Intertec will be invoicing the city directly for all testing services. Resident Project Representative (RPR) - $143,520 Objective: Provide a resident project representative (RPR) to perform construction observation of the contractor’s work. Description: Scott Wasbotten will be on site full-time during various stages of construction to observe and review the quality of work for the various developments planned for 2023, and other projects or duties as assigned by city staff. The RPR will perform the following tasks: · Provide day-to-day construction observation and coordination between contractor, city, and residents/property owners · Maintain daily construction logs and documentation of pay items · Coordinate and document materials testing requirements and material certifications · Work with city and contractor to prepare monthly pay requests · As provided in the email sent 3/30/2023, RPR services have been assumed at 40 hours per week, for 26 weeks, between 5/1/23 and 11/1/23 (1,040 hours) Deliverables: Daily Construction Logs, Construction photos Project Management - $2,509 Kyle Johnson will provide project management over the duration of this contract. We have assumed 0.5 hours per week for 26 weeks to coordinate with field staff, identify coverage for staff vacations, coordination with city staff, and project invoicing. Page 12 of 15 Page 27 of 185 Name: 2023 Construction Services Date: April 13, 2023 Page: 2 N:\Proposals\Farmington\2023 Construction Observation Services\Construction Services-2023 only.docx Total Proposed Amount $146,029 Thank you for the opportunity for Bolton & Menk to support the City of Farmington with 2023 construction services. We look forward to working with you and the city’s staff on these projects. If you have any questions regarding our request, please do not hesitate to contact me. Sincerely, Bolton & Menk, Inc. Kyle Johnson, P.E. Principal Engineer Page 13 of 15 Page 28 of 185 224345v1 EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 14 of 15 Page 29 of 185 Client: City of Farmington Project: 2023 Construction Services WORK TASK DESCRIPTION Pr i n c i p a l E n g i n e e r / Cl i e n t S e r v i c e M a n a g e r Re s i d e n t P r o j e c t Re p r e s e n t a t i v e Su r v e y M a n a g e r Su r v e y T e c h n i c i a n Li s c e n s e d S u r v e y o r Total Hours Total Cost 2023 HOURLY RATE $193 $138 $193 $127 $181 1.0 2023 Construction Observation 1.1 2023 Resident Project Representative Services 1040 1040 143,520$ 1.2 2023 Project Management 13 13 2,509$ SUBTOTAL HOURS - TASK 1 13 1040 0 0 0 1053 146,029$ Total Proposed 13 1040 0 0 0 1053 146,029$ Pa g e 1 5 o f 1 5 Pa g e 3 0 o f 1 8 5 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Authorize a Professional Services Agreement for 2023 Traffic Counts Meeting: Regular Council - May 01 2023 INTRODUCTION: The City of Farmington, along with the other Municipal State Aid (MSA) cities in Minnesota, is required to periodically obtain traffic counts for MSA routes and some other local roadways, then report the results to the Minnesota Department of Transportation (MnDOT). This level of traffic counting is only required every few years. DISCUSSION: On February 21, 2023, the City Council approved the Consultant Pool for 2023 -2027. WSB is one of the firms in the Consultant Pool and has prepared the attached scope and budget based on meetings and discussions with City Staff regarding this project. The attached Professional Services Agreement (PSA) uses the format provided by the City Attorney, which was also included in the solicitation for pool firms. All data is gathered by WSB and uploaded directly to MnDOT in the requested format. The City will also retain a copy of all data. BUDGET IMPACT: The total estimated not to exceed fee for this work is $6,235 to be charged to Engineering/Professional Services budget. ACTION REQUESTED: Approve a Professional Services Agreement with WSB for the 2023 Traffic Counts and Authorize the Mayor and City Administrator to execute same. ATTACHMENTS: WSB 2023 Traffic Counts PSA w att Page 31 of 185 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 1st day of May, 2023, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and WSB, a Minnesota Corporation, whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416 (hereinafter "Engineer"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit “A” attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated John Powell, Public Works Director/City Engineer (the “City Representative”), and the Engineer has designated Mark Erichson, Director of Municipal Program Delivery (the “Engineer Representative”). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $6,235 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the Page 2 of 13 Page 32 of 185 224345v1 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by December 1, 2023. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any Page 3 of 13 Page 33 of 185 224345v1 negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. c. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. Page 4 of 13 Page 34 of 185 224345v1 d. Engineer shall maintain “stop gap” coverage if Engineer obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Farmington” as an additional insured. f. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. l. The Engineer’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. m. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer’s Work. Upon request a copy of the Engineer’s insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Engineer of any deficiencies in such documents and Page 5 of 13 Page 35 of 185 224345v1 receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section p, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed Page 6 of 13 Page 36 of 185 224345v1 services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, partners’, employees’, volunteers’, assignees’, or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Page 7 of 13 Page 37 of 185 224345v1 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR. Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Page 8 of 13 Page 38 of 185 224345v1 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: May 1, 2023 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Lynn Gorski City Administrator Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________ [title] Page 9 of 13 Page 39 of 185 224345v1 EXHIBIT “A” SCOPE OF SERVICES Page 10 of 13 Page 40 of 185 G:\Group Data\Traffic\City of count\Farmington\2023\2023 MSAS ADT quote-Farmington.docx 70 1 X E N I A A V E N U E S | SU I T E 3 0 0 | MI N N E A P O L I S , M N | 55 4 1 6 | 76 3 . 5 4 1 . 4 8 0 0 | WS B E N G . C O M April 19, 2023 Mr. John Powell City of Farmington 430 3rd Street Farmington, MN 55024 Re: 2023 MSA Traffic Counting Proposal City of Farmington Dear John: WSB & Associates, Inc. (WSB) is pleased to submit this proposal to conduct traffic counts in the City of Farmington for your 2023 MSA counts. The counts will be conducted in accordance with MnDOT procedures. This will include: 1. Performing all work including placing traffic counting equipment, collecting all data, and submitting data to Mn/DOT in the appropriate format. Traffic counts shall be a minimum of 48 hours in length. 2. The proposal includes up to 36 count locations on both MSA routes and other streets throughout the City as agreed to between WSB and the City. (with 20% recounts) 3. Any additional counts requested by the City will be conducted by WSB at the per-count rate included as part of this proposal. 4. Any recounts, due to equipment failure, will be the responsibility of WSB. Any recounts requested by MN/DOT, due to not meeting the constraints of MN/DOT’s process, and recounts needed to confirm data, will be at the “per-count rate” included as part of this proposal (MN/DOT typically anticipates 20% recounts of total locations. (cost will be per count location if its higher than 20%, last year cities saw over 50% recount request from MN/DOT). 5. Any traffic counts near or adjacent to schools will be completed while school is in session this fall. Based on the above parameters, it is estimated that collecting this data would cost $145 per count location. Total project cost = 43 (20% added) count locations x $145 per count = $6,235 Each additional count that the City would request would be at a rate of $145 per count. Sincerely, WSB Sean Delmore, PE Mark Erichson Project Manager Director of Municipal Program Delivery cc: Mary Schwartz, WSB Page 11 of 13 Page 41 of 185 224345v1 EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 12 of 13 Page 42 of 185 G:\Group Data\Traffic\City of count\Farmington\2023\2023 MSAS ADT quote-Farmington.docx 70 1 X E N I A A V E N U E S | SU I T E 3 0 0 | MI N N E A P O L I S , M N | 55 4 1 6 | 76 3 . 5 4 1 . 4 8 0 0 | WS B E N G . C O M April 19, 2023 Mr. John Powell City of Farmington 430 3rd Street Farmington, MN 55024 Re: 2023 MSA Traffic Counting Proposal City of Farmington Dear John: WSB & Associates, Inc. (WSB) is pleased to submit this proposal to conduct traffic counts in the City of Farmington for your 2023 MSA counts. The counts will be conducted in accordance with MnDOT procedures. This will include: 1. Performing all work including placing traffic counting equipment, collecting all data, and submitting data to Mn/DOT in the appropriate format. Traffic counts shall be a minimum of 48 hours in length. 2. The proposal includes up to 36 count locations on both MSA routes and other streets throughout the City as agreed to between WSB and the City. (with 20% recounts) 3. Any additional counts requested by the City will be conducted by WSB at the per-count rate included as part of this proposal. 4. Any recounts, due to equipment failure, will be the responsibility of WSB. Any recounts requested by MN/DOT, due to not meeting the constraints of MN/DOT’s process, and recounts needed to confirm data, will be at the “per-count rate” included as part of this proposal (MN/DOT typically anticipates 20% recounts of total locations. (cost will be per count location if its higher than 20%, last year cities saw over 50% recount request from MN/DOT). 5. Any traffic counts near or adjacent to schools will be completed while school is in session this fall. Based on the above parameters, it is estimated that collecting this data would cost $145 per count location. Total project cost = 43 (20% added) count locations x $145 per count = $6,235 Each additional count that the City would request would be at a rate of $145 per count. Sincerely, WSB Sean Delmore, PE Mark Erichson Project Manager Director of Municipal Program Delivery cc: Mary Schwartz, WSB Page 13 of 13 Page 43 of 185 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Authorize a Professional Services Agreement for Plan Review and Inspection Services for the Daisy Knoll Water Storage Facility Meeting: Regular Council - May 01 2023 INTRODUCTION: Per the attached letter, Sprint notified the City that they were terminating their lease at the Daisy Knoll Water Storage Facility. The antenna decommissioning process will require alterations to the water facility and site, these alterations must be closely observed to verify the condition of the facility and the tank coating is not degraded. DISCUSSION: On February 21, 2023, the City Council approved the Consultant Pool for 2023 -2027. SEH is one of the firms in the Consultant Pool and has prepared the attached scope and budget based on meetings and discussions with City staff regarding this project. The scope includes the following major tasks: • Participate in planning discussions between the city and carrier to confirm removals and expectations. • Provide review of proposed work scope. • Initial site meeting with Sprint's selected contractor. • Provide inspections for removal of antenna components and mounts; and painting. • Project administration and final closeout. The attached Professional Services Agreement (PSA) uses the format provided by the City Attorney, which was also included in the solicitation for pool firms. The Water Board considered the proposed work scope and budget at their April 24, 2023 meeting and recommends approval. BUDGET IMPACT: The total estimated fee to the City is $8,500. These costs will be paid by Sprint via an escrow deposit with the City. ACTION REQUESTED: Approve a Professional Services Agreement with SEH for Plan Review and Inspection Services for the Daisy Knoll Water Storage Facility and Authorize the Mayor and City Administrator to execute same. Page 44 of 185 ATTACHMENTS: Sprint MS03XC261 Termination Letter SEH Daisy Knoll Tower PSA w att Page 2 of 17 Page 45 of 185 Page 3 of 17 Page 46 of 185 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 1st day of May, 2023, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and Short Elliott Hendrickson Inc., a Minnesota Corporation, whose business address is 3535 Vadnais Center Drive, St. Paul, MN 55110 (hereinafter "Engineer"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit “A” attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated John Powell, Public Works Director/City Engineer (the “City Representative”), and the Engineer has designated Brian Hare, Client Service Manager (the “Engineer Representative”). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $8,500 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the Page 4 of 17 Page 47 of 185 224345v1 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by October 31, 2023. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any Page 5 of 17 Page 48 of 185 224345v1 negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. c. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. Page 6 of 17 Page 49 of 185 224345v1 d. Engineer shall maintain “stop gap” coverage if Engineer obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Farmington” as an additional insured. f. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. l. The Engineer’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. m. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer’s Work. Upon request a copy of the Engineer’s insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Engineer of any deficiencies in such documents and Page 7 of 17 Page 50 of 185 224345v1 receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section p, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed Page 8 of 17 Page 51 of 185 224345v1 services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, partners’, employees’, volunteers’, assignees’, or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Page 9 of 17 Page 52 of 185 224345v1 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR. Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Page 10 of 17 Page 53 of 185 224345v1 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: May 1, 2023 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Lynn Gorski City Administrator Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________ [title] Page 11 of 17 Page 54 of 185 224345v1 EXHIBIT “A” SCOPE OF SERVICES Page 12 of 17 Page 55 of 185 April 20, 2023 RE: City of Farmington, Minnesota Sprint Decom Project at Daisy Knoll WT Sprint Site No: MS03XC261 SEH No. FARMC 172485 Mr. John Powell, PE Public Works Director/City Engineer City of Farmington 430 Third St. Farmington, MN 55024 Dear Mr. Powell: Short Elliott Hendrickson Inc. (SEH®) is pleased to submit this proposal for construction services for proposed for the Sprint Decom project at Daisy Knoll Standpipe. The project consists of the removal of the Sprint telecom equipment. SITE No. MS03XC261 (Sprint) Decommissioning Overview: In accordance with the request of City of Farmington, we have reviewed the Sprint CDs submitted by Black & Veatch Wireless dated August 28, 2013, Rev 2, used as the basis for the Sprint decommissioning project at the Daisy Knoll Standpipe. Based on conversations with the City, below represents the identified project scope: Our work tasks would be as follows: 1. Participate in planning discussion(s) between the city and carrier to confirm removals and final site expectations (Assumes 1 meeting) 2. Provide review of proposed carrier scope (CD’s) (Assumes 2 iterations) 3. Initial site walk meeting with the carriers selected contractor 4. Provide Inspections (4) remove antenna components, removing unbolt/grind steel mounting, final inspection & field paint inspection. 5. Provide associated project administration and final closeout The following team (see attached resumes) to assist the City with the Sprint decom project: • Bobbi Johnson – Project Manager • James Coyle – Inspector (NACE certification #106569) • Baylor Dieter – Inspector (Drone license #477353) • Jason Sprague – (PE # 25065) • Jana Nyhagen – (PE # 51458) • Schedule from Watch Hill Wireless Solutions will follow after the precon / site walk for a complete (SOW) scope of work with the City, Watch Hill Wireless Solutions and SEH. . Page 13 of 17 Page 56 of 185 Sprint Decom Project at Daisy Knoll WT City of Farmington, Minnesota April 20, 2023 We propose to furnish these services in accordance with the City-provided Professional Services Agreement between SEH and the City of Farmington on an hourly basis plus reimbursable expenses. Based on the above schedule, we estimate the total fee for these services to be as shown in the table below. The following table shows the cost breakdown by Task. Task Description Fee Telecommunication: Review | Inspection 1. Documentation Review $1,800.00 2. Preconstruction Meeting $1,475.00 3. Project Closeout/ Site Admin. $1,400.00 4. Field Inspection $2,300.00 5. Final Inspection $1,000.00 6. Reimbursement – Mileage/Vehicle Costs $525.00 Total $8,500.00 *Additional Services if Requested: · Plan Review Iterations $800.00 · Field Observation $800.00 (Per visit) · 360 Imaging $500.00 Payment for any additional services shall be based on the actual time required to perform the services and the billable rates for the employees engaged directly on the project, plus actual reimbursable expenses. All services will be invoiced monthly. If you need any further information or wish to review this together, please contact me at 612.483.4216 or Brian Hare at 218.220.8160. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Bobbi Johnson Brian Hare Project Manager Client Service Manager (Lic. MN) blj x:\fj\f\farmc\common\telecom\proposal for sprint decommissioning_042023.docx Page 14 of 17 Page 57 of 185 224345v1 EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 15 of 17 Page 58 of 185 April 20, 2023 RE: City of Farmington, Minnesota Sprint Decom Project at Daisy Knoll WT Sprint Site No: MS03XC261 SEH No. FARMC 172485 Mr. John Powell, PE Public Works Director/City Engineer City of Farmington 430 Third St. Farmington, MN 55024 Dear Mr. Powell: Short Elliott Hendrickson Inc. (SEH®) is pleased to submit this proposal for construction services for proposed for the Sprint Decom project at Daisy Knoll Standpipe. The project consists of the removal of the Sprint telecom equipment. SITE No. MS03XC261 (Sprint) Decommissioning Overview: In accordance with the request of City of Farmington, we have reviewed the Sprint CDs submitted by Black & Veatch Wireless dated August 28, 2013, Rev 2, used as the basis for the Sprint decommissioning project at the Daisy Knoll Standpipe. Based on conversations with the City, below represents the identified project scope: Our work tasks would be as follows: 1. Participate in planning discussion(s) between the city and carrier to confirm removals and final site expectations (Assumes 1 meeting) 2. Provide review of proposed carrier scope (CD’s) (Assumes 2 iterations) 3. Initial site walk meeting with the carriers selected contractor 4. Provide Inspections (4) remove antenna components, removing unbolt/grind steel mounting, final inspection & field paint inspection. 5. Provide associated project administration and final closeout The following team (see attached resumes) to assist the City with the Sprint decom project: • Bobbi Johnson – Project Manager • James Coyle – Inspector (NACE certification #106569) • Baylor Dieter – Inspector (Drone license #477353) • Jason Sprague – (PE # 25065) • Jana Nyhagen – (PE # 51458) • Schedule from Watch Hill Wireless Solutions will follow after the precon / site walk for a complete (SOW) scope of work with the City, Watch Hill Wireless Solutions and SEH. . Page 16 of 17 Page 59 of 185 Sprint Decom Project at Daisy Knoll WT City of Farmington, Minnesota April 20, 2023 We propose to furnish these services in accordance with the City-provided Professional Services Agreement between SEH and the City of Farmington on an hourly basis plus reimbursable expenses. Based on the above schedule, we estimate the total fee for these services to be as shown in the table below. The following table shows the cost breakdown by Task. Task Description Fee Telecommunication: Review | Inspection 1. Documentation Review $1,800.00 2. Preconstruction Meeting $1,475.00 3. Project Closeout/ Site Admin. $1,400.00 4. Field Inspection $2,300.00 5. Final Inspection $1,000.00 6. Reimbursement – Mileage/Vehicle Costs $525.00 Total $8,500.00 *Additional Services if Requested: · Plan Review Iterations $800.00 · Field Observation $800.00 (Per visit) · 360 Imaging $500.00 Payment for any additional services shall be based on the actual time required to perform the services and the billable rates for the employees engaged directly on the project, plus actual reimbursable expenses. All services will be invoiced monthly. If you need any further information or wish to review this together, please contact me at 612.483.4216 or Brian Hare at 218.220.8160. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Bobbi Johnson Brian Hare Project Manager Client Service Manager (Lic. MN) blj x:\fj\f\farmc\common\telecom\proposal for sprint decommissioning_042023.docx Page 17 of 17 Page 60 of 185 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Chris Regis, Finance Director Department: Finance Subject: Acknowledge Financial Review for the Quarter Ending March 31, 2023 Meeting: Regular Council - May 01 2023 INTRODUCTION: Staff reviews the financial performance of the General Fund and several other funds with the City Council quarterly review. The financial statements are included in your packet. The following provides a more in-depth review of the General Fund and highlights notable areas for the other funds included in this review. DISCUSSION: General Fund The General Fund is the City’s primary operating account. The financial summary for the first three months is the first two pages of the attachment. The following will provide explanations for the various revenue items and highlights the more significant e xpenditure variations. The items reviewed are in the order they appear on the attached General Fund financial statement. Revenues For 2023, budgeted General Fund revenues total $16,884,783 including transfers. During the first quarter of the year, the City recorded General Fund revenues totaling $750,891, or 4.45% of total budgeted revenues. Property taxes represent the majority of total General Fund revenues (including transfers in from other funds). Property taxes are generally payable in two installments, May and October and collected by the County. The City receives its share from the County in June and December. The other types of revenues in the General Fund consist of licenses, permits, intergovernmental revenue, fines, inservices, for charges and income rental fees, franchise vestment income, miscellaneous revenues. Licensing includes liquor, beer and wine, massage, animal, etc. Fees for the first quarter of 2023 are at $21,675, or 50% of budget, and are slightly behind 2022 first quarter res ults. Permit revenue includes building, plumbing, heating, electric, etc., permits. The revenue for the first quarter of 2023 is $67,408, which is a $113,271 decrease from the 2022 amount. The decrease is due to a slowing of single-family home construction, due to the increase in interest rates that occurred in 2022 and poor weather conditions during the first quarter. Page 61 of 185 Intergovernmental revenue includes Municipal State Aid (MSA) maintenance, police and fire aid, and federal, state, and local grants. The City received the first half of the MSA maintenance funds for 2023; the second half will be received in July. The major ity of intergovernmental revenues have yet to be received year to date, as they are normally received during the second half of the year. Charges for services includes fire, recreation, school resource officer (SRO), etc., charges. Castle Rock and Eureka Townships are billed quarterly for fire protection. Empire, the largest of the three townships, is billed annually, after year end, per contract. Non -contract (i.e., illegal and/or hazardous) fires are billed as they occur. The schools are billed for th eir share of the school resource officers human resource costs on a quarterly basis. Recreation programs, which are primarily offered in the summer, currently show improvement over prior year revenues for the same time period. Fines revenue is received the month following the occurrence of the fine. Current levels of revenue are behind prior year amounts by approximately $1,500. Investment income consists of investment earnings from the city’s portfolio and the annual mark -to- market calculation to recognize the market value of the investment portfolio. The income amounts are based on average monthly cash balances. Currently, investment income is trending higher than 2022 levels. Miscellaneous revenues include rental income related to the Rambling River Center (RRC-senior center), the rental of city hall space by the USDA, and the rental of fire station space by Allina Health. In addition, the category includes donations and any other types of revenues that don’t fit into a specific category. Franchise fee revenue in the General Fund represents the transfer of a portion of the City’s franchise fee revenue to the General Fund to help pay for City operations. The remainder of the franchise fees are used to pay for the City’s cable operations. The payments are received quarterly, with the first payment of the year received early in the second quarter. Expenditures Finance tracks general fund expenditures by department. The following notes explain significant or unusual variations from last year or actual versus budgeted amounts, which may vary somewhat from the expected 25 percent (3 of 12 months) through the end of March in the same order as the appear on the attached General Fund financial report. As of March 31, 2023, two departments currently exceed budget, they are Human Resources and Municipal Services. The City Hall division within the Administration Department exceeds budgeted levels year to date. This is due to increased building and cleaning supply costs as well as increased natural gas costs. The Human Resources Department exceeds budgeted levels due to personnel costs exceeding budget year to date. The Risk Management division within the Finance Department exceeds budget due to higher -than- expected premium costs. The Snow Removal division within the Municipal Services department exceeds budgeted levels year to date. The increase in costs can be traced to the number of snow events during the first three months of the year. Page 2 of 15 Page 62 of 185 The Park and Recreation Administration division exceeds their budget year to date due to increased professional services costs as a result of the Jim Bell Park Master Plan. Overall, the General Fund expenditures, including transfers, are at 22.95% of budget for the first quarter of the year. EDA, Park Improvement, and Arena The EDA (Economic Development Authority), Park Improvement Fund, and Ice Arena activities have historically been of interest to the Council. They are included for your review. EDA Revenues for the EDA include only interest income for the first quarter. E xpenditures include costs for the 2023 Marketing Plan, a Substandard Building Report from WSB, grant payments, overhead, membership and training costs. Park Improvement Fund The Park Improvement fund revenues includes donation revenue and interest reven ue year to date. The only costs incurred year to date relate to the Rambling River Park Master Plan, the Park Dedication study and the purchase of a park bench at Daisy Knoll Park. Arena Revenues for the arena reflect a modest increase, as compared to prior year to date levels. Expenditures for the operation show increases in personnel, IT services, and repair and maintenance costs over the prior year. Enterprise Funds The City operates six enterprise funds: liquor operations, sewer operations, solid was te, storm water, water, and street lighting. The solid waste fund is shown in this report as there is still some activity in the fund. Liquor Operations The City has two financial benchmarks for its liquor operations. The first is a 25 percent gross prof it margin. For the first quarter, both of the stores met the gross profit margin target. The second standard is a 6 percent profit as a percent of sales. This is evaluated on a combined basis. For the first quarter, the stores were at 6.06% of profit as a percent of sales. This is an increase from the prior year first quarter level of 3.99%. Sales for the first quarter ending have increased by $90,311 or 6.95% over 2022. The Downtown store has increased sales by $63,178, while the Pilot Knob store reflects an increase of $27,133. After each calendar year, Staff reviews the combined financial results of the two liquor stores, determines the amount of funds needed to cover day to day operations and administrative transfers to the General Fund. The remaining funds are divided evenly and transferred into the Community Investment and Capital Improvement accounts. This is referred to as the four pots philosophy. Each year, Staff utilizes actual financial results to fund these four pots. Staff periodically makes recommendations to Council on how to best invest available dollars in the Community Investment pot to benefit the community. Meanwhile, the capital improvement dollars are available for future liquor store capital building needs (e.g., remodeling, updating, relocation, possible building, etc.). The transfer is completed as part of the audit process. Page 3 of 15 Page 63 of 185 Sewer Operations Revenues for the Sewer fund reflect a modest increase as compared to 2022, due to an increase in rates. Expenses have increased due to increas ed MCES (Metropolitan Council Environmental Services) fees, which are fees charged to the City to treat its waste water. The fees reflect an increase in the cost to treat the volumes processed. Solid Waste The City ceased its solid waste operation as of December 31, 2021. Activity in the fund for the first quarter represents revenues for billings for the one remaining customer, while expenses reflect costs paid for solid waste services and the purchase of waste receptacles in the downtown area. Storm Water Expenses for the Storm Water operation reflect a decrease from the prior year quarter end. The decrease is the result of a decrease in professional services and pond maintenance program costs that were incurred in the prior year. Revenues have increased slightly as the result of a rate increase. Water Revenues for the water fund reflect an increase due to increased water consumption, rental income and interest income. Expenses reflect a decrease due to a decrease in equipment supplies, chemicals, and utility costs. Street Light Operations for the street light fund have improved as compared to the prior year due to a decrease in electrical costs year to date. For all of the City’s utility funds, the billing cycle (revenue) lags the recording of expenses. For example, the City bills every three months. The January billing includes November and December of the previous year, as well as January of the current year. So, two -thirds of that billing cycle is attributable to the prior year and is recorded as such in the financial statements. This means that at the end of the year this year, the financial statements will remain open so that the revenues for the current year can be captured, even though they will not be billed out until January and Febr uary of the following year. BUDGET IMPACT: The budget impacts have been noted above as appropriate. ACTION REQUESTED: Review and acknowledge the financial reports for the first quarter March 31, 2023. ATTACHMENTS: March 2023 Financial Reports CC Page 4 of 15 Page 64 of 185 STATEMENT OF REVENUES - BUDGET TO ACTUAL REVENUE SOURCE THIS 2023 YEAR 2022 YEAR DIFFERENCE PERCENT BUDGET MONTH TO DATE TO DATE UNDER(OVER)COLLECTED Taxes 13,087,930$ -$ -$ -$ 13,087,930$ 0.00% Business Licenses 43,350 190 21,675 22,140 21,675 50.00% Building Permits 872,120 35,383 67,408 180,679 804,712 7.73% Fines and Forfeits 55,000 6,713 10,348 11,847 44,652 18.81% Intergovernmental: Local Government Aid - - - - - 0.00% Law Officers Training Reimbursement 25,000 - - - 25,000 0.00% MSA Maintenance 185,400 - 128,696 185,399 56,704 69.42% State Aid Police/Fire 400,000 4,000 4,000 - 396,000 1.00% Grants-Federal 3,100 950 2,352 - 748 75.87% Other Grants 9,820 - - 4,786 9,820 0.00% Charges for Services: General government 11,650 146 1,831 1,797 9,819 15.72% Public Safety 346,169 48,502 49,017 47,439 297,152 14.16% Public Works 14,000 675 1,125 7,875 12,875 8.04% Park and Recreation 89,100 10,800 23,088 18,199 66,012 25.91% Miscellaneous Revenues Investment Income 51,000 14,538 45,529 13,633 5,471 89.27% Rental Income 36,710 4,081 13,121 8,266 23,589 35.74% Franchise Fees 145,000 - - - 145,000 0.00% Other 11,700 1,990 8,267 6,826 3,433 70.66% Transfers 1,497,734 124,811 374,434 340,562 1,123,300 25.00% Total 16,884,783$ 252,779$ 750,891$ 849,448$ 16,133,892$ 4.45% Cash Balance as of March 31, 2023 $6,853,307. CITY OF FARMINGTON FINANCE DIVISION MONTHLY FINANCIAL REPORT March 31, 2023 Page 5 of 15 Page 65 of 185 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT GENERAL FUND STATEMENT OF EXPENDITURES - BUDGET TO ACTUAL UNEXPENDED PERCENT DEPARTMENT/DIVISION BUDGET YEAR TO DATE BALANCE EXPENDED ADMINISTRATION Legislative 110,262$ 22,879$ 87,383$ 20.75% Administration 528,826 131,450 397,376 24.86% Elections 10,000 1,910 8,090 19.10% Communications 134,785 23,421 111,364 17.38% City Hall 375,650 96,801 278,849 25.77% Total 1,159,523$ 276,461$ 883,062 23.84% HUMAN RESOURCES Human Resources 401,235$ 123,311$ 277,924$ 30.73% Total 401,235$ 123,311$ 277,924 30.73% DAKOTA BROADBAND Dakota Broadband 45,500$ -$ 45,500$ 0.00% Total 45,500$ -$ 45,500$ 0.00% FINANCE AND RISK MANAGEMENT Finance 658,857$ 159,143$ 499,714$ 24.15% Risk Management 189,550 52,163 137,387 27.52% Total 848,407$ 211,306$ 637,101$ 24.91% POLICE Police Administration 1,382,034$ 324,544$ 1,057,490$ 23.48% Patrol Services 3,228,428 777,949 2,450,479 24.10% Investigations 1,032,707 223,735 808,972 21.66% Emergency Management 21,400 47 21,353 0.22% Total 5,664,569$ 1,326,275$ 4,338,294$ 23.41% FIRE Fire 1,742,006$ 301,708$ 1,440,298$ 17.32% Total 1,742,006$ 301,708$ 1,440,298$ 17.32% COMMUNITY DEVELOPMENT Planning 554,687$ 91,233$ 463,454$ 16.45% Building Inspections 636,868 157,819 479,049 24.78% Total 1,191,555$ 249,052$ 942,503$ 20.90% ENGINEERING Engineering 720,613$ 127,816$ 592,797$ 17.74% Natural Resources 142,284 32,042 110,242 22.52% Total 862,897$ 159,858$ 703,039$ 18.53% MUNICIPAL SERVICES Streets 1,436,409$ 313,113$ 1,123,296$ 21.80% Snow Removal 280,165 135,104 145,061 48.22% Total 1,716,574$ 448,217$ 1,268,357$ 26.11% RECREATION SERVICES Park Maintenance 979,476$ 226,823$ 752,653$ 23.16% Rambling River Center 204,199 47,688 156,511 23.35% Park & Recreation Admin 210,945 54,671 156,274 25.92% Recreation Programs 215,875 38,483 177,392 17.83% Total 1,610,495$ 367,665$ 1,242,830$ 22.83% Transfers Out 1,642,022$ 410,505$ 1,231,517$ 25.00% TOTAL GENERAL FUND 16,884,783$ 3,874,358$ 13,010,425$ 22.95% March 31, 2023 Page 6 of 15 Page 66 of 185 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT March 31, 2023 ECONOMIC DEVELOPMENT AGENCY COMPARATIVE STATEMENT OF REVENUES AND EXPENSES BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022 2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL REVENUES Interest 1,600 478 1,394 681 87.13%(6,627) Total Revenues 1,600 478 1,394 681 87.13%(6,627) EXPENDITURES Other Services & Charges 81,510 8,886 31,133 10,770 38.20%40,598 TOTAL EXPENDITURES 81,510 8,886 31,133 10,770 38.20%40,598 TRANSFERS 50,000 4,167 12,500 56,867 94,367 EXCESS (DEFICIENCY)(29,910)$ (4,241)$ (17,239)$ 46,778$ 47,142$ Cash Balance as of March 31, 2023 $196,749. Page 7 of 15 Page 67 of 185 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT March 31, 2023 PARK IMPROVEMENT FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022 2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL REVENUES Park Dedication Fees 75,000$ -$ -$ -$ 0.00%210,000$ Park Development Fees - - - 26,088 0.00%96,880 Rental Income 8,560 - - 7,403 0.00%8,403 Miscellaneous Revenue - 1,175 1,175 - 0.00%- Interest 4,000 2,774 7,602 2,753 190.05%(36,375) Total Revenues 87,560 3,949 8,777 36,244 10.02%278,908 EXPENDITURES Other Services & Charges 352,000 6,043 6,043 5,052 1.72%19,591 Capital Outlay 10,250 - 1,175 - 0.00%10,250 TOTAL EXPENDITURES 362,250 6,043 7,218 5,052 1.99%29,841 Transfers 100,000 8,333 25,000 18,750 75,000 EXCESS (DEFICIENCY)(174,690)$ 6,239$ 26,559$ 49,942$ 324,067$ Cash Balance as of March 31, 2023 $1,337,973. Page 8 of 15 Page 68 of 185 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT March 31, 2023 ICE ARENA COMPARATIVE STATEMENT OF REVENUES AND EXPENSES BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022 2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL REVENUES User Fees 426,000$ 22,726$ 138,030$ 131,047$ 32.40%384,814$ Interest 400 127 211 125 52.75%386 Other Revenue 8,500 - - - 0.00%11,360 Total Revenues 434,900 22,853 138,241 131,172 31.79%396,560 Cost of Sales - - (252) - #DIV/0!(1,198) TOTAL REVENUES 434,900 22,853 137,989 131,172 31.73%395,362 EXPENDITURES Personal Services 298,881 26,319 86,532 75,884 28.95%267,957 Other Services & Charges 153,226 21,327 68,055 46,611 44.41%161,655 Capital Outlay 1,000 - - - 0.00%- TOTAL EXPENDITURES 453,107 47,646 154,587 122,495 34.12%429,612 TRANSFERS - - - - 14,500 EXCESS (DEFICIENCY)(18,207)$ (24,793)$ (16,598)$ 8,677 (19,750)$ Cash Balance as of March 31, 2023 $59,515. Page 9 of 15 Page 69 of 185 CITY OF FARMINGTON MUNICIPAL LIQUOR OPERATIONS March 31, 2023 DOWNTOWN PILOT KNOB TOTAL YEAR TO DATE YEAR TO DATE YEAR TO DATE SALES 2023 644,026$ 745,240$ 1,389,266$ 2022 580,848 718,107 1,298,955 $ Difference 63,178 27,133 90,311 % Difference 10.88%3.78%6.95% COST OF GOODS SOLD 484,662 557,763 1,042,425 GROSS PROFIT 159,364 187,477 346,841 % OF GROSS PROFIT TO SALES 24.74%25.16%24.97% OPERATING EXPENSES: Personnel Services & Supplies 83,931 71,475 155,406 Other Services & Charges 44,093 57,643 101,736 Depreciation 5,250 313 5,563 TOTAL 133,274 129,431 262,705 Operating Income 26,090 58,047 84,137 Other Income (Loss)5,969 4,894 10,863 INCOME BEFORE TRANSFERS 32,059 62,941 95,000 Profit as a % of Sales 6.06% Operating Transfers (Out)(24,391) (24,391) (48,782) NET INCOME 7,668$ 38,550$ 46,218$ Cash Balance as of March 31, 2023 Operating Cash (Pots 1 & 2)537,885$ Community Projects (Pot 3)389,328 Capital Improvements (Pot 4)826,231 Petty Cash 3,502 1,756,946$ Page 10 of 15 Page 70 of 185 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT March 31, 2023 SEWER FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022 2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL REVENUES Charges for Service*2,674,762$ 383,557$ 538,291 470,576$ 20.12%2,591,777$ Interest 14,200 4,547 12,726 6,162 89.62%(67,170) Other Revenue - - 47 - 0.00%52 TOTAL REVENUES 2,688,962 388,104 551,064 476,738 20.49%2,524,659 EXPENSES Personnel Services 13,038 - - 288 0.00%1,265 Other Services & Charges 717,171 14,036 43,806 41,685 6.11%156,910 MCES Charges **1,994,927 166,244 498,732 596,341 25.00%1,789,024 Depreciation 690,000 57,500 172,500 165,486 25.00%661,944 TOTAL EXPENSES 3,415,136 237,780 715,038 803,800 20.94%2,609,143 TRANSFERS (999,055) (29,588) (88,764) (85,734) (585,838) EXCESS (DEFICIENCY)(1,725,229)$ 120,736$ (252,738)$ (412,796)$ (670,322)$ FOOTNOTES: * Charges for Services are not collected on an even flow basis during the year due to the accrual of revenues year end. Wastewater sales for October, November, and December are not billed until the ** MCES wastewater charges are made on an annual and monthly basis. The budgeted amount is anticipated as the total expenditure in 2022. Cash Balance as of March 31, 2023 $2,203,472. subsequent year, but are accrued at year end. Page 11 of 15 Page 71 of 185 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT March 31, 2023 SOLID WASTE FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022 2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL REVENUES Charges for Services*-$ 2,924$ 2,924$ 14,390$ #DIV/0!23,246$ Intergovernmental - - - - 0.00%1,027 Interest 12,000 3,741 10,358 6,483 86.32%(46,858) Other Revenue - - 1,500 436,201 0.00%485,629 TOTAL REVENUES 12,000 6,665 14,782 457,074 123.18%463,044 EXPENSES Personnel Services - - - 66,143 #DIV/0!43,228 Other Services & Charges 10,000 9,628 34,795 880,389 347.95%956,376 Depreciation - - - 4,000 #DIV/0!15,998 TOTAL EXPENSES 10,000 9,628 34,795 950,532 347.95%1,015,602 TRANSFERS (150,000) (12,500) (37,500) (22,597) (155,999) EXCESS (DEFICIENCY)(148,000)$ (15,463)$ (57,513)$ (516,055)$ (708,557)$ * Charges for Services are not collected on an even flow basis during the year due to the accrual of revenues year end. Solid Waste sales for October, November, and December are not billed until the Cash Balance as of March 31, 2023 $1,812,230. subsequent year, but are accrued at year end. Page 12 of 15 Page 72 of 185 CITY OF FARMINGTON MONTHLY FINANCE REPORT March 31, 2023 STORM WATER FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022 2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL REVENUES Charges for Services*1,323,263$ 204,051$ 264,237$ 248,708$ 19.97%1,173,222$ Interest 10,100 4,796 13,167 6,462 0.00%(58,734) Other - - 38 - 0.00%2 TOTAL REVENUES 1,333,363 208,847 277,442 255,170 20.81%1,114,490 EXPENSES Personnel Services 9,227 - 140 393 1.52%781 Other Services & Charges 160,689 10,120 36,668 155,081 22.82%255,509 Depreciation 475,000 39,583 118,750 114,633 25.00%458,531 TOTAL EXPENSES 644,916 49,703 155,558 270,107 24.12%714,821 TRANSFERS (901,654) (35,971) (107,914) (103,763) (1,026,052) EXCESS (DEFICIENCY)(213,207)$ 123,173$ 13,970$ (118,700)$ (626,383)$ * Charges for Services are not collected on an even flow basis during the year due to the accrual of revenues year end. Storm Water sales for October, November, and December are not billed until the subsequent year, but are accrued at year end. Cash Balance as of March 31, 2023 $2,324,391. Page 13 of 15 Page 73 of 185 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT March 31, 2023 WATER FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022 2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL REVENUES Charges for Service*2,326,548$ 153,296$ 260,529$ 231,134$ 11.20%2,151,278$ Interest 50,200 22,788 62,622 29,858 124.75%(298,496) Rental Income 275,000 17,753 118,692 108,302 43.16%291,786 Other Revenue - - 63 - 0.00%7,092 TOTAL REVENUES 2,651,748 193,837 441,906 369,294 16.66%2,151,660 EXPENSES Personnel Services 20,536 329 649 1,644 3.16%8,540 Other Services & Charges 745,858 60,197 161,733 178,454 21.68%799,776 Debt Service 23,175 - 12,400 14,025 0.00%26,425 Depreciation 1,050,000 87,500 262,500 259,721 25.00%1,038,885 TOTAL EXPENSES 1,839,569 148,026 437,282 453,844 23.77%1,873,626 TRANSFERS (1,620,899) (38,992) (116,975) (112,476) (1,365,703) EXCESS (DEFICIENCY)(808,720)$ 6,819$ (112,351)$ (197,026)$ (1,087,669)$ FOOTNOTES: Cash Balance as of March 31, 2023 Operating 6,475,611$ Water Treatment Plant 2,461,488 8,937,099$ * Charges for services are not collected on an even flow basis during the year due to the accrual of revenues at year end. Water sales for October, November, and December may not be billed until the subsequent year, but are accrued at year end. Page 14 of 15 Page 74 of 185 CITY OF FARMINGTON MONTHLY FINANCIAL REPORT March 31, 2023 STREET LIGHT FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES BUDGET THIS YEAR T0 YEAR T0 PERCENT 2022 2023 MONTH DATE 2023 DATE 2022 COLL/EXP ACTUAL REVENUES Charges for Services*227,000$ 23,183$ 41,835$ 40,935$ 18.43%216,956$ Interest 1,400 714 1,910 899 136.43%(9,529) Other Revenue - - - - 0.00%2,217 TOTAL REVENUES 228,400 23,897 43,745 41,834 19.15%209,644 EXPENSES Other Services & Charges 217,000 9,163 35,975 53,425 16.58%210,173 TOTAL EXPENSES 217,000 9,163 35,975 53,425 16.58%210,173 EXCESS (DEFICIENCY)11,400$ 14,734$ 7,770$ (11,591)$ (529)$ Cash Balance as of March 31, 2023 $345,717. * Charges for services are not collected on an even flow basis during the year due to the accrual of revenues at year end. Street Light sales for October, November, and December may not be billed until the subsequent year, but are accrued at year end. Page 15 of 15 Page 75 of 185 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Chris Regis, Finance Director Department: Finance Subject: Approve Bills Meeting: Regular Council - May 01 2023 INTRODUCTION: Attached is the April 12, 2023 – April 25, 2023 City Council check register and recently processed automatic payments for your review. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the attached payments. ATTACHMENTS: City Claims Report 04-25-23 Council Check Summary Page 76 of 185 CLAIMS SUBMITTED FOR APPROVAL AT THIS MEETING PROCESSED CHECKS 470,528.38$ PROCESSED AUTOMATIC PAYMENTS 94,435.64$ GRAND TOTAL 564,964.02$ CITY OF FARMINGTON CITY CHECKS AND AUTOMATIC PAYMENTS REPORT MAY 1, 2023 Page 2 of 24 Page 77 of 185 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 101613 4/14/2023 100013 BECKER ARENA PRODUCTS, INC. 04500 0965158,170.00 4503RINK BOARD MAINTENANCE 211625 608168 BUILDING REPAIR/MAINTENANCE ICE ARENA CAPITAL IMPR FU 8,170.00 101614 4/14/2023 100493 BELLBOY CORPORATION 06100 021405111.00 6100LIQUOR & SPIRITS ORDER 211661 0099025000 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214051,489.15 6100LIQUOR & SPIRITS ORDER 211666 0098916300 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02625069.95 6110BAG ORDER 211680 0106652400 OTHER SUPPLIES & PARTS DOWNTOWN LIQUOR REV & EXP 06100 021405141.00 6100LIQUOR SUPPLIES & MIXES ORDER 211680 0106652400 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405241.46 6100LIQUOR SUPPLIES & MIXES ORDER 211691 0106611000 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405112.50 6100LIQUOR & SPIRITS ORDER 211694 0099012900 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405286.21 6100LIQUOR SUPPLIES & MIXES ORDER 211699 0106647000 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 026250103.45 6115BAG ORDER 211699 0106647000 OTHER SUPPLIES & PARTS PILOT KNOB LIQUOR 2,554.72 101615 4/14/2023 117735 CLEAR RIVER BEVERAGE 06100 021405256.00 6100BEER ORDER 211605 680682 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405320.45 6100BEER ORDER 211700 681920 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 576.45 101616 4/14/2023 100071 COLLEGE CITY BEVERAGE INC 06100 021405662.90 6100BEER ORDER 211606 892690 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214058,630.35 6100BEER ORDER 211612 894811 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214055,036.50 6100BEER ORDER 211615 892691 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214051,493.25 6100BEER ORDER 211617 894810 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405131.20-6100BEER ORDER CREDIT 211618 894833 CR 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140572.00-6100BEER ORDER CREDIT 211672 892357 CR 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405300.00 6100BEER ORDER 211702 895035 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 0214057,804.20 6100BEER ORDER 211704 895036 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 02140553.91-6100BEER ORDER CREDIT 211707 895047 CR 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 23,670.09 101617 4/14/2023 100022 FARMINGTON PRINTING INC 06100 026240140.00 6115SHELF TAGS 211313 14539 BUILDING SUPPLIES & PARTS PILOT KNOB LIQUOR 06100 026240140.00 6110SHELF TAGS 211313 14539 BUILDING SUPPLIES & PARTS DOWNTOWN LIQUOR REV & EXP 01000 016492676.00 1014CD NOTEPADS BRANDED SWAG 211370 14538 ADVERTISING COMMUNICATIONS 956.00 101618 4/14/2023 117498 GILBERTSON, PETER 07400 046485107.75 7400FEB/MAR'23 MILEAGE 211519 2023FEB/MAR - GILBERSTON MILEAGE REIMBURSEMENT INFORMATION TECHNOLOGY 107.75 101619 4/14/2023 112416 IMPACT MAILING OF MN, INC 06200 086401416.67 6202MAR'23 UB MAIL PREP 211602 205107 PROFESSIONAL SERVICES SEWER OPERATIONS EXPENSE Pa g e 3 o f 2 4 Pa g e 7 8 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 2Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 06400 086401416.66 6402MAR'23 UB MAIL PREP 211602 205107 PROFESSIONAL SERVICES STORM WATER UTILITY OPERA 06500 086401416.67 6502MAR'23 UB MAIL PREP 211602 205107 PROFESSIONAL SERVICES WATER UTILITY EXPENSE 06500 086445300.04 6502MAR'23 UB BILL POSTAGE 211602 205107 POSTAGE/SHIPPING FEES WATER UTILITY EXPENSE 06400 086445300.03 6402MAR'23 UB BILL POSTAGE 211602 205107 POSTAGE/SHIPPING FEES STORM WATER UTILITY OPERA 06200 086445300.03 6202MAR'23 UB BILL POSTAGE 211602 205107 POSTAGE/SHIPPING FEES SEWER OPERATIONS EXPENSE 2,150.10 101620 4/14/2023 100070 MINNESOTA VALLEY TESTING LABORATORIES 06500 086535122.58 6502BAC-T SAMPLE (8)211318 1189995 OTHER REPAIR/MAINTENANCE WATER UTILITY EXPENSE 122.58 101621 4/14/2023 117564 RECYCLE MINNESOTA LLC 06300 086401145.60 6302MARCH 23' TRANSLOAD FEES 211586 93 PROFESSIONAL SERVICES SOLID WASTE OPERATIONS 145.60 101622 4/14/2023 108220 SOUTH METRO RENTAL INC 01000 09622043.76 1090CHAIN SAW COVER 211591 127265 EQUIP SUPPLIES & PARTS PARK MAINTENANCE 43.76 101623 4/14/2023 108670 TERMINAL SUPPLY COMPANY 07200 08623080.48 7200SHOP SUPPLIES COTTER PINS 211322 28751-00 VEHICLE SUPPLIES & PARTS FLEET OPERATIONS 80.48 101624 4/14/2023 112567 ULTIMATE SAFETY CONCEPTS, INC 01000 066505232.00 1060WRENCH AND GLASS TOOL 211527 204492 EQUIPMENT REPAIR/MAINTENANCE FIRE SERVICES 232.00 101625 4/14/2023 108808 VINOCOPIA, INC 06100 021405832.00 6100WINE ORDER 211620 0327017-IN 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 832.00 101626 4/14/2023 100020 ZARNOTH BRUSH WORKS INC 06400 086220660.00 6402SWEEPER GUTTER BROOMS 211410 0193118-IN EQUIP SUPPLIES & PARTS STORM WATER UTILITY OPERA 01000 0962201,455.00 1090REPLACEMENT BRUSH 211410 0193118-IN EQUIP SUPPLIES & PARTS PARK MAINTENANCE 2,115.00 101627 4/21/2023 103861 ALEX AIR APPARATUS INC 01000 066505305.00 1060FIRE ST 1 AIR BOTTLE FILL TEST 211419 6659 EQUIPMENT REPAIR/MAINTENANCE FIRE SERVICES 01000 066505305.00 1060FIRE ST 2 AIR BOTTLE FILL TEST 211420 6660 EQUIPMENT REPAIR/MAINTENANCE FIRE SERVICES 610.00 101628 4/21/2023 100193 APPLE VALLEY, CITY OF 04000 01640123,193.75 40051ST QTR 2023 CABLE JPA AGREEME 211737 7705 PROFESSIONAL SERVICES CABLE/COMMUNICATIONS PROJ 23,193.75 101629 4/21/2023 118704 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC 06100 0214051,127.00 6100LIQUOR & SPIRITS ORDER 211839 100960769 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 1,127.00 Pa g e 4 o f 2 4 Pa g e 7 9 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 3Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 101630 4/21/2023 117735 CLEAR RIVER BEVERAGE 06100 021405185.00 6100BEER ORDER 211838 683034 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 185.00 101631 4/21/2023 100071 COLLEGE CITY BEVERAGE INC 06100 02140538.20-6100BEER ORDER CREDIT 211781 897127 CR 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405290.70 6100BEER ORDER 211782 897068 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140514,469.05 6100BEER ORDER 211786 897067 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140518.20-6100BEER ORDER CREDIT 211832 897319 CR 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 0214051,213.30 6100BEER ORDER 211843 897240 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 02140512,848.50 6100BEER ORDER 211844 897241 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 02140515.00-6100BEER ORDER CREDIT 211981 897273 CR 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 28,750.15 101632 4/21/2023 109182 DAKOTA 911 01000 0665609,212.66 1060MAY 2023 DAKOTA 911 FEES 211500 FA2023-05 CONTRACTUAL SERVICES FIRE SERVICES 01000 05656018,425.34 1050MAY 2023 DAKOTA 911 FEES 211500 FA2023-05 CONTRACTUAL SERVICES POLICE ADMINISTRATION 27,638.00 101633 4/21/2023 100022 FARMINGTON PRINTING INC 01000 01621086.76 1014NAME TAGS COMMDEV COUNCIL 211638 14546 OFFICE SUPPLIES COMMUNICATIONS 86.76 101634 4/21/2023 100395 HOISINGTON KOEGLER GROUP INC 01000 0964013,931.64 1094FEB'23 SVS: JIM BELL PRK MSTR 211433 022-001-14 PROFESSIONAL SERVICES PARK & RECREATION ADMIN 3,931.64 101635 4/21/2023 110525 IN-SITU INC 06500 086220100.00 6502APR'23 CELL SVS: WTR LVS SFTWR 211740 HV14022 EQUIP SUPPLIES & PARTS WATER UTILITY EXPENSE 100.00 101636 4/21/2023 116827 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD 01000 0964503,885.86 1094SUMMER 2023 CURRENTS PRINTING 211820 107366 OUTSIDE PRINTING PARK & RECREATION ADMIN 06500 0864501,295.28 6502SUMMER 2023 CURRENTS PRINTING 211820 107366 OUTSIDE PRINTING WATER UTILITY EXPENSE 06400 0864501,295.29 6402SUMMER 2023 CURRENTS PRINTING 211820 107366 OUTSIDE PRINTING STORM WATER UTILITY OPERA 06200 0864501,295.28 6202SUMMER 2023 CURRENTS PRINTING 211820 107366 OUTSIDE PRINTING SEWER OPERATIONS EXPENSE 7,771.71 101637 4/21/2023 100049 LOCAL GOVERNMENT INFORMATION SYSTEMS 06500 0864021,993.00 6502MAR'23 APPL SUPPORT INV 211442 53572 DATA PROCESSING WATER UTILITY EXPENSE 06400 0864021,992.00 6402MAR'23 APPL SUPPORT INV 211442 53572 DATA PROCESSING STORM WATER UTILITY OPERA 06200 0864021,992.00 6202MAR'23 APPL SUPPORT INV 211442 53572 DATA PROCESSING SEWER OPERATIONS EXPENSE 01000 0264024,639.00 1021MAR'23 APPL SUPPORT INV 211442 53572 DATA PROCESSING FINANCE 01000 0764023,590.00 1031MAR'23 APPL SUPPORT INV 211442 53572 DATA PROCESSING BUILDING INSPECTIONS 01000 066402433.00 1060MAR'23 APPL SUPPORT INV 211442 53572 DATA PROCESSING FIRE SERVICES Pa g e 5 o f 2 4 Pa g e 8 0 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 4Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 01000 0464022,712.00 1011MAR'23 APPL SUPPORT INV 211442 53572 DATA PROCESSING HUMAN RESOURCES 01000 0564022,725.00 1050MAR'23 APPL SUPPORT INV 211442 53572 DATA PROCESSING POLICE ADMINISTRATION 07400 0464021,945.00 7400MAR'23 APPL SUPPORT INV 211442 53572 DATA PROCESSING INFORMATION TECHNOLOGY 01000 05650555.08 1050ACROBAT SUB NATE SIEM 211443 53639 EQUIPMENT REPAIR/MAINTENANCE POLICE ADMINISTRATION 07400 0469604,953.74 7400SWITCH REPLACEMENT 211443 53639 FURNITURE, OFFICE EQUIP, IT INFORMATION TECHNOLOGY 07400 0465056,997.92 7400MICROSOFT SOFT ASSURANCE RENWL 211443 53639 EQUIPMENT REPAIR/MAINTENANCE INFORMATION TECHNOLOGY 07400 046402404.30 7400MAR'23 MN IT WAN 211443 53639 DATA PROCESSING INFORMATION TECHNOLOGY 07400 04650575.00 74005 VPN TOKENS 211443 53639 EQUIPMENT REPAIR/MAINTENANCE INFORMATION TECHNOLOGY 07400 046401911.25 7400TK#310118 SWITCH INSTALLS 211443 53639 PROFESSIONAL SERVICES INFORMATION TECHNOLOGY 07400 046401101.25 7400TK#329307 FEENICS PDSWITCH ISS 211443 53639 PROFESSIONAL SERVICES INFORMATION TECHNOLOGY 07400 046401540.00 7400TK#329555 EXCH T/S 211443 53639 PROFESSIONAL SERVICES INFORMATION TECHNOLOGY 07400 04640167.50 7400TK#329894 SYNOLOGY ISSUE 211443 53639 PROFESSIONAL SERVICES INFORMATION TECHNOLOGY 07400 046401135.00 7400TK#330436 PD VPN ACCESS ISSUE 211443 53639 PROFESSIONAL SERVICES INFORMATION TECHNOLOGY 36,262.04 101638 4/21/2023 102644 NORTHERN SAFETY TECHNOLOGY, INC 056006940769.63 5602SQD 32 EQUIPMENT 211437 55572 50 VEHICLES - POLICE GEN CAPITAL EQUIP FUND EX 056006940769.63 5602SQD 30 EQUIPMENT 211438 55573 50 VEHICLES - POLICE GEN CAPITAL EQUIP FUND EX 056006940769.63 5602SQD 31 EQUIPMENT 211439 55574 50 VEHICLES - POLICE GEN CAPITAL EQUIP FUND EX 0560069401,245.06 5602REMOTE START 3 INV SQUADS 211502 55590 50 VEHICLES - POLICE GEN CAPITAL EQUIP FUND EX 07600 026950586.38 7600EM TRAILER LIGHTING 211504 55586 50 MACHINERY,EQUIP & TOOLS-PD27009 FEDERAL AID - COVID19 4,140.33 101639 4/21/2023 113031 NRG RELIABILITY SOLUTIONS LLC 01000 0564221,296.12 1050MAR'23 ELEC LAW ENFORCE CNTR 211536 3346-2304 ELECTRIC POLICE ADMINISTRATION 06500 0864221,568.00 6502MARCH 23 CMF ELETRIC 211604 3347-2304 ELECTRIC WATER UTILITY EXPENSE 06400 08642240.58 6402MARCH 23 CMF ELETRIC 211604 3347-2304 ELECTRIC STORM WATER UTILITY OPERA 06200 08642260.37 6202MARCH 23 CMF ELETRIC 211604 3347-2304 ELECTRIC SEWER OPERATIONS EXPENSE 01000 096422103.96 1090MARCH 23 CMF ELETRIC 211604 3347-2304 ELECTRIC PARK MAINTENANCE 01000 08642240.45 1072MARCH 23 CMF ELETRIC 211604 3347-2304 ELECTRIC STREET MAINTENANCE 3,109.48 101640 4/21/2023 110954 ULINE SHIPPING & SUPPLY SPECIALISTS, INC 01000 0162401,259.83 1015CARPET PROTECTORS 211593 161758963 BUILDING SUPPLIES & PARTS CITY HALL 1,259.83 101641 4/21/2023 100183 VIKING INDUSTRIAL CENTER 06200 086401260.01 6202RETRACTABLE LIFELINE RECERT 211741 3262250 PROFESSIONAL SERVICES SEWER OPERATIONS EXPENSE 260.01 101642 4/21/2023 108808 VINOCOPIA, INC 06100 021405926.70 6100WINE ORDER 211795 0327363-IN 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405780.83 6100WINE ORDER 211833 0327350-IN 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 1,707.53 Pa g e 6 o f 2 4 Pa g e 8 1 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 5Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 160064 4/14/2023 117724 @TITLE, LLC 06200 081310254.44 6200REF UTIL CR@8 HICKORY ST W 211632 23-5513/40 3 REFUND CIS SEWER OPERATIONS 254.44 160065 4/14/2023 100058 ADVANCE AUTO PARTS 07200 08627426.72 7200OIL FOR FLEET 211556 2131-615006 LUBRICANTS & ADDITIVES FLEET OPERATIONS 07200 086242138.90 7200FLOOR DRY FOR SHOP 211557 2131-614940 CLEANING SUPPLIES FLEET OPERATIONS 01000 05623010.14 1051EXHAUST CLAMP FOR 0551 211560 2131-614748 VEHICLE SUPPLIES & PARTS PATROL SERVICES 01000 0862428.60 1072AIR FRESHENER FOR 0711 211561 2131-614694 CLEANING SUPPLIES STREET MAINTENANCE 01000 086230259.43 1072ALTERNATOR FOR 0707 211562 2131-614331 VEHICLE SUPPLIES & PARTS STREET MAINTENANCE 443.79 160066 4/14/2023 113906 AMERICAN SOLUTIONS FOR BUSINESS 01000 016450284.35 1014LOGO PENS 211371 INV06589550 OUTSIDE PRINTING COMMUNICATIONS 284.35 160067 4/14/2023 114024 APPLE CHEVROLET BUICK - NORTHFIELD 01000 0562303,586.23 1051TRANSMISSION FOR 0551 211547 88625 VEHICLE SUPPLIES & PARTS PATROL SERVICES 01000 0862303,762.03 1072TRANSMISSION FOR 0700 211548 88260 VEHICLE SUPPLIES & PARTS STREET MAINTENANCE 01000 086230700.00-1072CORE RETURN CREDIT 211549 CM88260 VEHICLE SUPPLIES & PARTS STREET MAINTENANCE 6,648.26 160068 4/14/2023 113303 ARTISAN BEER COMPANY 06100 021405206.20 6100BEER ORDER 211473 3594255 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 02140536.90 6100BEER ORDER 211475 3594256 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405270.80-6100BEER ORDER CREDIT 211476 358021 CR 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405147.32-6100BEER ORDER CREDIT 211671 358630 CR 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140536.90 6100BEER ORDER 211708 3595527 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 0214051,089.80 6100BEER ORDER 211709 3595526 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405753.80 6100BEER ORDER 211725 3596839 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 1,705.48 160069 4/14/2023 114472 BREAKTHRU BEVERAGE MN BEER, LLC 06100 0214058,666.75 6100BEER ORDER 211563 348422330 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 02140514,987.85 6100BEER ORDER 211603 348514899 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140558.00 6100BEER ORDER 211651 348516126 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405149.60 6100BEER ORDER 211653 348514900 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140514,257.92 6100BEER ORDER 211681 348422532 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214056,659.05 6100BEER ORDER 211693 348515979 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 02140583.40 6100LIQUOR & SPIRITS ORDER 211714 348515978 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 44,862.57 160070 4/14/2023 114471 BREAKTHRU BEVERAGE MN WINE & SPIRITS 06100 0214053,151.84 6100LIQUOR & SPIRITS ORDER 211619 348420318 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405182.90 6100WINE ORDER 211621 348512948 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS Pa g e 7 o f 2 4 Pa g e 8 2 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 6Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 06100 0214053,169.54 6100LIQUOR & SPIRITS ORDER 211679 348512947 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214055,838.69 6100LIQUOR & SPIRITS ORDER 211696 348512641 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 12,342.97 160071 4/14/2023 110218 BURNET TITLE 06200 081310662.08 6200REF UTIL CR@19964 ENGLISH CT 211646 2171023-00938 3 REFUND CIS SEWER OPERATIONS 662.08 160072 4/14/2023 110218 BURNET TITLE 06200 081310123.47 6200REF UTIL CR@819 7TH ST 211657 2111023-01502 3 REFUND CIS SEWER OPERATIONS 123.47 160073 4/14/2023 108360 CANNON RIVER WINERY 06100 021405672.60 6100WINE ORDER 211668 15014 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 672.60 160074 4/14/2023 118434 CENTRAL FIRE PROTECTION INC 01000 056505731.90 1050FIRE EXTINGUISHER INSPECTION 211255 46493 EQUIPMENT REPAIR/MAINTENANCE POLICE ADMINISTRATION 731.90 160075 4/14/2023 119348 CHAPMAN, LAURINDA ANN MCKAY 01000 096560425.00 1093FOOTCARE FEB MAR 23 211525 FEB/MAR'23 100 CONTRACTUAL SERVICES SENIOR CITIZEN SERVICES 425.00 160076 4/14/2023 100025 CINTAS CORP LOC 754 06500 08629049.16 6502MARCH 23 WEEKLY UNIFORM SVS 211578 4150149365 UNIFORMS & CLOTHING WATER UTILITY EXPENSE 06400 08629057.35 6402MARCH 23 WEEKLY UNIFORM SVS 211578 4150149365 UNIFORMS & CLOTHING STORM WATER UTILITY OPERA 06200 08629057.35 6202MARCH 23 WEEKLY UNIFORM SVS 211578 4150149365 UNIFORMS & CLOTHING SEWER OPERATIONS EXPENSE 01000 09629081.93 1090MARCH 23 WEEKLY UNIFORM SVS 211578 4150149365 UNIFORMS & CLOTHING PARK MAINTENANCE 01000 08629081.94 1072MARCH 23 WEEKLY UNIFORM SVS 211578 4150149365 UNIFORMS & CLOTHING STREET MAINTENANCE 06500 08629049.16 6502MARCH 23 WEEKLY UNIFORM SVS 211592 4150848379 UNIFORMS & CLOTHING WATER UTILITY EXPENSE 06400 08629057.35 6402MARCH 23 WEEKLY UNIFORM SVS 211592 4150848379 UNIFORMS & CLOTHING STORM WATER UTILITY OPERA 06200 08629057.35 6202MARCH 23 WEEKLY UNIFORM SVS 211592 4150848379 UNIFORMS & CLOTHING SEWER OPERATIONS EXPENSE 01000 09629081.94 1090MARCH 23 WEEKLY UNIFORM SVS 211592 4150848379 UNIFORMS & CLOTHING PARK MAINTENANCE 01000 08629081.93 1072MARCH 23 WEEKLY UNIFORM SVS 211592 4150848379 UNIFORMS & CLOTHING STREET MAINTENANCE 655.46 160077 4/14/2023 100419 CITY OF EMPIRE 06200 086560472.05 62024TH QTR 2022 SEWER USAGE FEE 211583 01-00000057 OCT-DEC'22 CONTRACTUAL SERVICES SEWER OPERATIONS EXPENSE 472.05 160078 4/14/2023 100133 DAKOTA COUNTY FINANCIAL SRVS 01000 0565601,049.85 1050FEB 2023 RADIO SUB FEES 211495 5500442 CONTRACTUAL SERVICES POLICE ADMINISTRATION 01000 0665601,726.42 1060FEB 2023 RADIO SUB FEES 211495 5500442 CONTRACTUAL SERVICES FIRE SERVICES 01000 0565601,049.85 1050MARCH 2023 RADIO SUB FFES 211496 5500456 CONTRACTUAL SERVICES POLICE ADMINISTRATION Pa g e 8 o f 2 4 Pa g e 8 3 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 7Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 01000 0665601,726.42 1060MARCH 2023 RADIO SUB FFES 211496 5500456 CONTRACTUAL SERVICES FIRE SERVICES 5,552.54 160079 4/14/2023 100057 DICK'S SANITATION SERVICE 06300 086560509.07 6302MAR '23 FAA DAYCARE 211522 8960386T460 CONTRACTUAL SERVICES SOLID WASTE OPERATIONS 06300 0865601,100.57 6302MAR '23 FAA 211523 8966384T480 CONTRACTUAL SERVICES SOLID WASTE OPERATIONS 1,609.64 160080 4/14/2023 113296 EDINA REALTY TITLE 06200 08131056.03 6200REF UTIL CR@5875 UPR 182 ST W 211642 2189106/100 3 REFUND CIS SEWER OPERATIONS 56.03 160081 4/14/2023 113296 EDINA REALTY TITLE 06200 081310214.77 6200REF UTIL CR@19636 ESTES PATH 211645 2189422/98 3 REFUND CIS SEWER OPERATIONS 214.77 160082 4/14/2023 111019 EXECUTIVE TITLE 06200 081310102.63 6200REF UTIL CR@4700 190TH ST W 211639 K23010172/67 3 REFUND CIS SEWER OPERATIONS 102.63 160083 4/14/2023 119493 FIDELITY NATIONAL TITLE CO LLC 06200 081310247.63 6200REF UTIL CR@18841 EMBRY AVE 211649 23MN0111 3 REFUND CIS SEWER OPERATIONS 247.63 160084 4/14/2023 116290 FIELD TRAINING SOLUTIONS 01000 056470295.00 1051STRESE FTO TRNG 211532 9510 TRAINING & SUBSISTANCE PATROL SERVICES 01000 056470295.00 1051STRESE FTO TRNG 211533 9512 TRAINING & SUBSISTANCE PATROL SERVICES 590.00 160085 4/14/2023 109294 FIRST AMERICAN TITLE 06200 08131065.91 6200REF UTILCR@19198 CLOVERLEAF WY 211643 1630079 3 REFUND CIS SEWER OPERATIONS 65.91 160086 4/14/2023 109294 FIRST AMERICAN TITLE 06200 08131087.94 6200REF UTIL CR@19449 ELMWOOD CIR 211644 1631016 3 REFUND CIS SEWER OPERATIONS 87.94 160087 4/14/2023 119494 FIRST AMERICAN TITLE INSURANCE CO 06200 081310229.88 6200REF UTIL CR@6597 210TH ST W 211654 1630127 3 REFUND CIS SEWER OPERATIONS 229.88 160088 4/14/2023 119045 FLEX TITLE COMPANY LLC 06200 081310134.32 6200REF UTIL CR@702 HIGHLAND CIR 211637 2302-0162/75 3 REFUND CIS SEWER OPERATIONS 134.32 160089 4/14/2023 100077 FRONTIER COMMUNICATIONS 02500 09641194.47 2502APR'23 ARENA ALARM LIN 211597 651-463-3016 APR'23 TELEPHONE/CABLE SERVICES ICE ARENA OPERATIONS EXPE Pa g e 9 o f 2 4 Pa g e 8 4 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 8Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 94.47 160090 4/14/2023 118611 GALLAGHER BENEFIT SERVICES INC 01000 0264012,100.00 10212022 GASB 75 REPORT 211521 280852 PROFESSIONAL SERVICES FINANCE 2,100.00 160091 4/14/2023 111456 GLOBAL CLOSING & TITLE SERVICES 06200 081310193.51 6200REF UTIL CR@5600 EUCLID WAY 211659 MN-02-230142 3 REFUND CIS SEWER OPERATIONS 193.51 160092 4/14/2023 100044 GRAINGER INC 01000 096220273.24 1090CHAPS FOR OPERATING CHAIN SAW 211357 9647328351 EQUIP SUPPLIES & PARTS PARK MAINTENANCE 273.24 160093 4/14/2023 100499 HAKALA, ANNETTE 07400 04648577.03 7400MAR'23 MILEAGE REIMBURSEMENT 211520 20230331 HAKALA MILEAGE REIMBURSEMENT INFORMATION TECHNOLOGY 77.03 160094 4/14/2023 118474 HASKAMP, BROC 01000 07647023.01 1031DCBI MEETING MEAL 211518 20230405 HASKAMP TRAINING & SUBSISTANCE BUILDING INSPECTIONS 23.01 160095 4/14/2023 100074 HOHENSTEINS INC 06100 0214051,026.00 6100BEER ORDER 211608 595761 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405574.25 6100BEER ORDER 211706 595760 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 1,600.25 160096 4/14/2023 100033 JOHNSON BROTHERS LIQUOR COMPANY 06100 021405558.58 6100WINE ORDER 211663 2270269 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214052,655.90 6100LIQUOR & SPIRITS ORDER 211665 2270267 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405989.44 6100LIQUOR & SPIRITS ORDER 211669 2270264 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405897.01 6100WINE ORDER 211670 2270265 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140563.72 6100LIQUOR & SPIRITS ORDER 211673 2270266 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405158.31 6100LIQUOR & SPIRITS ORDER 211674 2270101 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405384.85 6100WINE ORDER 211675 2270102 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405925.43 6100LIQUOR & SPIRITS ORDER 211676 2270268 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214051,640.89 6100WINE ORDER 211682 2265206 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405456.25 6100LIQUOR & SPIRITS ORDER 211684 2265205 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405859.47 6100WINE ORDER 211685 2267660 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405372.50 6100WINE ORDER 211686 2267428 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405200.07 6100WINE ORDER 211687 2267658 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405557.71 6100LIQUOR & SPIRITS ORDER 211688 2267659 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214052,684.97 6100LIQUOR & SPIRITS ORDER 211690 2267657 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405884.38 6100LIQUOR & SPIRITS ORDER 211698 2270098 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405515.81 6100WINE ORDER 211703 2270099 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405167.08 6100LIQUOR & SPIRITS ORDER 211705 2270100 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS Pa g e 1 0 o f 2 4 Pa g e 8 5 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 9Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 06100 021405456.39 6100WINE ORDER 211711 2270096 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405403.20 6100LIQUOR & SPIRITS ORDER 211713 2270095 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 0214053,941.04 6100LIQUOR & SPIRITS ORDER 211715 2270097 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 0214051,543.86 6100WINE ORDER 211717 2266765 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 21,316.86 160097 4/14/2023 117075 JOHNSON CONTROLS 01000 0165155,880.00 1015SERVICE AGREEMENT HVAC CONTROL 211622 1-128626636880 BUILDING REPAIR/MAINTENANCE CITY HALL 5,880.00 160098 4/14/2023 115066 JOHNSON, LONELL 01000 07647019.07 1031DCBI MEETING MEAL 211530 20230405 JOHNSON TRAINING & SUBSISTANCE BUILDING INSPECTIONS 19.07 160099 4/14/2023 119271 KUENNEN, DEANNA 02000 036485201.25 2000FEB'23 MILEAGE REIMB 211613 20230228 KUENNEN MILEAGE REIMBURSEMENT HRA/ECONOMIC DEVELOPMENT 01000 03648019.28 1030FEB'23 MEAL REIMB 211613 20230228 KUENNEN MEETING EXPENSE PLANNING & ZONING 02000 036485257.50 2000MAR'23 MILEAGE REIMBURSEMENT 211616 20230331 KUENNEN MILEAGE REIMBURSEMENT HRA/ECONOMIC DEVELOPMENT 02000 03648549.59 2000MAR'23 MEAL REIMB 211616 20230331 KUENNEN MILEAGE REIMBURSEMENT HRA/ECONOMIC DEVELOPMENT 527.62 160100 4/14/2023 113977 LE SUEUR CTY ABSTRACT CO 06200 08131088.53 6200REF UTIL CR@5386 203RD ST W 211641 227582 3 REFUND CIS SEWER OPERATIONS 88.53 160101 4/14/2023 100121 LEAGUE OF MINNESOTA CITIES 01000 016470125.00 1005LMC CITY DAY ON THE HILL 211650 378279 TRAINING & SUBSISTANCE LEGISLATIVE CONTROL 01000 016470125.00 1005LMC CITY DAY ON THE HILL 211655 378269 TRAINING & SUBSISTANCE LEGISLATIVE CONTROL 250.00 160102 4/14/2023 116462 MCCOLLUM, SANDRA 01000 014670204.00 1001CANCEL LUNCH AND TRIP 211540 05310607 RECREATION FEES - SENIOR CTR GENERAL FUND REVENUES 204.00 160103 4/14/2023 118580 MEGA BEER LLC 06100 021405703.65 6100BEER ORDER 211660 22722 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 703.65 160104 4/14/2023 100155 METROPOLITAN COUNCIL ENVIRO SERVICES 06200 0824257,455.00 6200MAR'23 MCES SAC FEES 211633 MAR'23 SAC FEES MCES SAC (SWR AVAIL CHG)SEWER OPERATIONS 06200 08503074.55-6201MAR'23 MCES SAC FEES 211633 MAR'23 SAC FEES SAC CHARGE RETAINER SEWER OPERATIONS REVENUE 7,380.45 160105 4/14/2023 118482 MIDWEST MACHINERY CO 01000 096220355.96 1090CHAPS FOR OPERATING CHAIN SAW 211355 9519312 EQUIP SUPPLIES & PARTS PARK MAINTENANCE 355.96 160106 4/14/2023 117786 OLSON, MATT Pa g e 1 1 o f 2 4 Pa g e 8 6 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 10Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 01000 07647027.76 1031DCBI MEETING MEAL 211529 20230405 OLSON TRAINING & SUBSISTANCE BUILDING INSPECTIONS 27.76 160107 4/14/2023 101254 ORKIN EXTERMINATING, LLC 06500 08651523.60 6502MAR'23 PEST CONTROL CMF 211579 239565269 BUILDING REPAIR/MAINTENANCE WATER UTILITY EXPENSE 06400 08651533.72 6402PEST CONTROL MARCH 23 211579 239565269 BUILDING REPAIR/MAINTENANCE STORM WATER UTILITY OPERA 06200 08651516.86 6202PEST CONTROL MARCH 23 211579 239565269 BUILDING REPAIR/MAINTENANCE SEWER OPERATIONS EXPENSE 01000 09651547.21 1090PEST CONTROL MARCH 23 211579 239565269 BUILDING REPAIR/MAINTENANCE PARK MAINTENANCE 01000 08651523.60 1072PEST CONTROL MARCH 23 211579 239565269 BUILDING REPAIR/MAINTENANCE STREET MAINTENANCE 06500 08651514.32 6502PEST CONTROL MARCH 23 211580 239566556 BUILDING REPAIR/MAINTENANCE WATER UTILITY EXPENSE 06400 08651520.46 6402PEST CONTROL MARCH 23 211580 239566556 BUILDING REPAIR/MAINTENANCE STORM WATER UTILITY OPERA 06200 08651510.23 6202PEST CONTROL MARCH 23 211580 239566556 BUILDING REPAIR/MAINTENANCE SEWER OPERATIONS EXPENSE 01000 09651528.66 1090PEST CONTROL MARCH 23 211580 239566556 BUILDING REPAIR/MAINTENANCE PARK MAINTENANCE 01000 08651514.32 1072PEST CONTROL MARCH 23 211580 239566556 BUILDING REPAIR/MAINTENANCE STREET MAINTENANCE 01000 096515139.99 1093PEST CONTROL MARCH 23 211581 239566656 BUILDING REPAIR/MAINTENANCE SENIOR CITIZEN SERVICES 01000 016515125.99 1015PEST CONTROL MARCH 23 211582 239565600 BUILDING REPAIR/MAINTENANCE CITY HALL 498.96 160108 4/14/2023 100290 PAUSTIS & SONS WINE COMPANY 06100 021405661.00 6100WINE ORDER 211667 197944 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405183.00 6100WINE ORDER 211692 198036 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 844.00 160109 4/14/2023 100093 PELLICCI HARDWARE & RENTAL 01000 06624030.36 1060SIDEWALK SALT 211526 104034/F BUILDING SUPPLIES & PARTS FIRE SERVICES 06500 0862422.05 6502CARPET CLEANER 211565 104100/F CLEANING SUPPLIES WATER UTILITY EXPENSE 06400 0862422.93 6402CARPET CLEANER 211565 104100/F CLEANING SUPPLIES STORM WATER UTILITY OPERA 06200 0862421.46 6202CARPET CLEANER 211565 104100/F CLEANING SUPPLIES SEWER OPERATIONS EXPENSE 01000 0562422.93 1050CARPET CLEANER 211565 104100/F CLEANING SUPPLIES POLICE ADMINISTRATION 01000 0962422.93 1093CARPET CLEANER 211565 104100/F CLEANING SUPPLIES SENIOR CITIZEN SERVICES 01000 0962424.10 1090CARPET CLEANER 211565 104100/F CLEANING SUPPLIES PARK MAINTENANCE 01000 0862422.05 1072CARPET CLEANER 211565 104100/F CLEANING SUPPLIES STREET MAINTENANCE 01000 0662425.27 1060CARPET CLEANER 211565 104100/F CLEANING SUPPLIES FIRE SERVICES 01000 01624222.26 1015CARPET CLEANER 211565 104100/F CLEANING SUPPLIES CITY HALL 06500 08624262.42 6502PAPER TOWELS 211574 155161/F CLEANING SUPPLIES WATER UTILITY EXPENSE 06400 08624289.17 6402PAPER TOWELS 211574 155161/F CLEANING SUPPLIES STORM WATER UTILITY OPERA 06200 08624244.58 6202PAPER TOWELS 211574 155161/F CLEANING SUPPLIES SEWER OPERATIONS EXPENSE 01000 05624289.15 1050PAPER TOWELS 211574 155161/F CLEANING SUPPLIES POLICE ADMINISTRATION 01000 09624289.17 1093PAPER TOWELS 211574 155161/F CLEANING SUPPLIES SENIOR CITIZEN SERVICES 01000 096242124.83 1090PAPER TOWELS 211574 155161/F CLEANING SUPPLIES PARK MAINTENANCE 01000 08624262.42 1072PAPER TOWELS 211574 155161/F CLEANING SUPPLIES STREET MAINTENANCE 01000 066242160.50 1060PAPER TOWELS 211574 155161/F CLEANING SUPPLIES FIRE SERVICES 01000 016242677.66 1015PAPER TOWELS 211574 155161/F CLEANING SUPPLIES CITY HALL 02500 09622017.98 2502GREASE211575104105/F EQUIP SUPPLIES & PARTS ICE ARENA OPERATIONS EXPE Pa g e 1 2 o f 2 4 Pa g e 8 7 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 11Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 01000 0962208.98 1093NUTS AND BOLTS 211577 104086/F EQUIP SUPPLIES & PARTS SENIOR CITIZEN SERVICES 01000 016240154.91 1015PAINT AND SUPPLIES 211588 104184/F BUILDING SUPPLIES & PARTS CITY HALL 06500 0862407.49 6502DOOR STOP/TRASH BAGS 211590 104194/F BUILDING SUPPLIES & PARTS WATER UTILITY EXPENSE 06400 08624010.69 6402DOOR STOP/TRASH BAGS 211590 104194/F BUILDING SUPPLIES & PARTS STORM WATER UTILITY OPERA 06200 0862405.35 6202DOOR STOP/TRASH BAGS 211590 104194/F BUILDING SUPPLIES & PARTS SEWER OPERATIONS EXPENSE 01000 05624010.69 1050DOOR STOP/TRASH BAGS 211590 104194/F BUILDING SUPPLIES & PARTS POLICE ADMINISTRATION 01000 09624010.69 1093DOOR STOP/TRASH BAGS 211590 104194/F BUILDING SUPPLIES & PARTS SENIOR CITIZEN SERVICES 01000 09624014.97 1090DOOR STOP/TRASH BAGS 211590 104194/F BUILDING SUPPLIES & PARTS PARK MAINTENANCE 01000 0862407.49 1072DOOR STOP/TRASH BAGS 211590 104194/F BUILDING SUPPLIES & PARTS STREET MAINTENANCE 01000 06624019.26 1060DOOR STOP/TRASH BAGS 211590 104194/F BUILDING SUPPLIES & PARTS FIRE SERVICES 01000 01624081.28 1015DOOR STOP/TRASH BAGS 211590 104194/F BUILDING SUPPLIES & PARTS CITY HALL 1,826.02 160110 4/14/2023 100034 PHILLIPS WINE AND SPIRITS, INC 06100 0214052,626.91 6100LIQUOR & SPIRITS ORDER 211677 6569491 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405837.75 6100WINE ORDER 211678 6569492 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405816.72 6100WINE ORDER 211689 6565576 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214051,816.10 6100LIQUOR & SPIRITS ORDER 211710 6569359 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405733.67 6100WINE ORDER 211712 6569360 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 6,831.15 160111 4/14/2023 110664 PREMIER TITLE INSURANCE AGENCY INC 06200 08131082.47 6200REF UTIL CR@319 15TH ST 211634 FN6299/61 3 REFUND CIS SEWER OPERATIONS 82.47 160112 4/14/2023 110664 PREMIER TITLE INSURANCE AGENCY INC 06200 081310258.35 6200REF UTIL CR@2809 213TH ST W 211658 FN6330/61 3 REFUND CIS SEWER OPERATIONS 258.35 160113 4/14/2023 117905 PRYES BREWING COMPANY LLC 06100 021405270.00 6100BEER ORDER 211614 W-52741 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405307.50 6100BEER ORDER 211701 W-52728 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 577.50 160114 4/14/2023 116843 RESULTS TITLE 06200 081310136.86 6200REF UTIL CR@1108 PINE ST 211636 23-00936 3 REFUND CIS SEWER OPERATIONS 136.86 160115 4/14/2023 110022 SCHWICKERT'S TECTA AMERICA, LLC 06500 086515133.66 6502ROOF LEAK REPAIR 211566 S510107508 BUILDING REPAIR/MAINTENANCE WATER UTILITY EXPENSE 06400 086515190.94 6402ROOF LEAK REPAIR 211566 S510107508 BUILDING REPAIR/MAINTENANCE STORM WATER UTILITY OPERA 06200 08651595.46 6202ROOF LEAK REPAIR 211566 S510107508 BUILDING REPAIR/MAINTENANCE SEWER OPERATIONS EXPENSE 01000 096515267.32 1090ROOF LEAK REPAIR 211566 S510107508 BUILDING REPAIR/MAINTENANCE PARK MAINTENANCE 01000 086515133.66 1072ROOF LEAK REPAIR 211566 S510107508 BUILDING REPAIR/MAINTENANCE STREET MAINTENANCE 02500 0965153,340.00 2502HVAC REPAIR 211623 S510107810 BUILDING REPAIR/MAINTENANCE ICE ARENA OPERATIONS EXPE Pa g e 1 3 o f 2 4 Pa g e 8 8 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 12Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 4,161.04 160116 4/14/2023 107018 SHAMROCK GROUP 06100 021405191.35 6100ICE CUBE ORDER 211610 2877265 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 191.35 160117 4/14/2023 118046 SHRED RIGHT 04500 09657033.00 4502SHRED RIGHT APR 23 211631 597280 PROGRAMMING EXPENSE RRC CAPITAL IMPROVEMENT F 33.00 160118 4/14/2023 118672 SMALL LOT WINE 06100 021405523.04 6100LIQUOR & SPIRITS ORDER 211664 MN63683 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 523.04 160119 4/14/2023 112051 SOUTHERN GLAZER'S OF MN 06100 0214052,891.64 6100LIQUOR & SPIRITS ORDER 211683 2330149 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214053,418.63 6100LIQUOR & SPIRITS ORDER 211695 2330156 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 02140520.09 6100LIQUOR & SPIRITS ORDER 211697 2330154 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405271.24 6100LIQUOR & SPIRITS ORDER 211716 2330155 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 02140514.00-6100WINE ORDER CREDIT 211718 9458213 CR 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214056,887.29 6100LIQUIOR & SPIRITS ORDER 211719 2332526 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214057.00-6100WINE ORDER CREDIT 211720 9472149 CR 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140595.16-6100LIQUOR & SPIRITS ORDER CREDIT 211721 9470507 CR 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140520.00-6100WINE ORDER CREDIT 211722 9492162 CR 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140514.00-6100WINE ORDER CREDIT 211723 9455051 CR 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214053.84 6100LIQUOR & SPIRITS ORDER 211724 2332525 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 13,342.57 160120 4/14/2023 110799 SPECIALIZED ENVIRONMENTAL TECHNOLOGIES 05812 07656024.00 5812ASH TREE DISPOSAL 211584 103094718.CONTRACTUAL SERVICES Emerald Ash Borer 24.00 160121 4/14/2023 100100 STREICHER'S 01000 0562901,894.74 1051WITT INITIAL ISSUE UNIFORM 211534 I1624419 UNIFORMS & CLOTHING PATROL SERVICES 01000 05629079.99 1051WITT INITIAL ISSUE UNIFORM 211535 I1624599 UNIFORMS & CLOTHING PATROL SERVICES 1,974.73 160122 4/14/2023 119481 TERPENING, RYAN 01000 01432720.50 1001VOID ELECT PRMT 53142 211528 VOID ELECT PRMT 53142 ELECTRIC PERMITS GENERAL FUND REVENUES 01000202031.50 1000VOID ELECT PRMT 53142 211528 VOID ELECT PRMT 53142 CONTRACTS PAYABLE GENERAL FUND BALANCE SHEE 0100024201.00 1000VOID ELECT PRMT 53142 211528 VOID ELECT PRMT 53142 BUILDING PERMIT SURCHARGE GENERAL FUND BALANCE SHEE 53.00 Pa g e 1 4 o f 2 4 Pa g e 8 9 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 13Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 160123 4/14/2023 115777 TITLE GROUP INC, THE 06200 081310119.97 6200REF UTIL CR@5083 UPR 182 ST W 211640 230341777/66 3 REFUND CIS SEWER OPERATIONS 119.97 160124 4/14/2023 113484 TITLE SMART, INC 06200 08131078.14 6200REF UTILCR@20651 EASTVIEW AVE 211648 274959/56 3 REFUND CIS SEWER OPERATIONS 78.14 160125 4/14/2023 115540 TITLE SMART, INC 06200 081310126.15 6200REF UTIL CR@120 4TH ST 211652 275764/99 3 REFUND CIS SEWER OPERATIONS 126.15 160126 4/14/2023 115540 TITLE SMART, INC 06200 081310124.58 6200REF UTIL CR@408 OAK ST 211656 276174/96 3 REFUND CIS SEWER OPERATIONS 124.58 160127 4/14/2023 116302 TOWN SPORTS, LLC 06500 086290153.59 6502HATS21158920230328 HATS UNIFORMS & CLOTHING WATER UTILITY EXPENSE 06400 086290219.42 6402HATS21158920230328 HATS UNIFORMS & CLOTHING STORM WATER UTILITY OPERA 06200 086290109.71 6202HATS21158920230328 HATS UNIFORMS & CLOTHING SEWER OPERATIONS EXPENSE 01000 096290307.19 1090HATS21158920230328 HATS UNIFORMS & CLOTHING PARK MAINTENANCE 01000 086290153.59 1072HATS21158920230328 HATS UNIFORMS & CLOTHING STREET MAINTENANCE 943.50 160128 4/14/2023 115645 TRANSUNION, LLC 01000 05640117.93 1052WITT BACKGROUND CREDIT CHECK 211537 03351128 PROFESSIONAL SERVICES INVESTIGATION SERVICES 17.93 160129 4/14/2023 109418 VALLEY-RICH CO, INC 06500 0865355,622.74 6502MAIN BREAK 20210 DUNBAR AVE 211555 31837 OTHER REPAIR/MAINTENANCE WATER UTILITY EXPENSE 5,622.74 160130 4/14/2023 100330 WINEBOW 06100 021405310.50 6100WINE ORDER 211662 MN00128859 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 310.50 160131 4/14/2023 118072 WINSUPPLY LAKEVILLE MN CO. 01000 016240407.50 1015LIGHT BULBS 211576 408190 01 BUILDING SUPPLIES & PARTS CITY HALL 407.50 160132 4/14/2023 108867 ZACK'S INC 06500 086950158.64 6502TOOLS21154236058 MACHINERY, EQUIPMENT & TOOLS WATER UTILITY EXPENSE 06200 086950158.64 6202TOOLS21154236058 MACHINERY, EQUIPMENT & TOOLS SEWER OPERATIONS EXPENSE 06400 086950158.64 6402TOOLS21154236058 MACHINERY, EQUIPMENT & TOOLS STORM WATER UTILITY OPERA 01000 086950158.66 1072TOOLS21154236058 MACHINERY, EQUIPMENT & TOOLS STREET MAINTENANCE 634.58 160133 4/21/2023 100106 4 PAWS ROAD KILL PICK UP Pa g e 1 5 o f 2 4 Pa g e 9 0 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 14Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 01000 086401103.00 1072DEER DISPOSAL 211543 2023 MARCH PROFESSIONAL SERVICES STREET MAINTENANCE 103.00 160134 4/21/2023 100058 ADVANCE AUTO PARTS 01000 066230104.99 1060AIR FILTER FOR 4781 211558 2131-616329 VEHICLE SUPPLIES & PARTS FIRE SERVICES 01000 096230169.39 1090BATTERY FOR 0902 211559 2131-616417 VEHICLE SUPPLIES & PARTS PARK MAINTENANCE 274.38 160135 4/21/2023 103785 AMERICAN TEST CENTER INC 01000 0665051,437.00 1060LADDER TESTING 211751 2230639 EQUIPMENT REPAIR/MAINTENANCE FIRE SERVICES 1,437.00 160136 4/21/2023 119495 APRES INC 04300 0662501,114.31 4302STAGE FOR 150TH CELEBRATION 211846 23575 OTHER SUPPLIES & PARTS FIRE RELIEF 1,114.31 160137 4/21/2023 113303 ARTISAN BEER COMPANY 06100 021405215.95 6100BEER ORDER 211824 3596775 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 0214051,393.30 6100BEER ORDER 211988 3598161 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 1,609.25 160138 4/21/2023 108446 ASPEN MILLS, INC. 01000 066290282.80 1060JONES PROMOTION UNIFORM 211945 312071 UNIFORMS & CLOTHING FIRE SERVICES 282.80 160139 4/21/2023 114472 BREAKTHRU BEVERAGE MN BEER, LLC 06100 02140513,006.35 6100BEER ORDER 211783 348644726 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140533.85 6100BEER ORDER 211794 348644727 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140536.00 6100BEER ORDER 211814 348644184 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 02140527,719.22 6100BEER ORDER 211831 348644183 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 40,795.42 160140 4/21/2023 114471 BREAKTHRU BEVERAGE MN WINE & SPIRITS 06100 02140582.85 6100WINE ORDER 211799 348639662 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214052,191.76 6100LIQUOR & SPIRITS ORDER 211801 348639661 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405129.45 6100WINE ORDER 211827 348638913 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 0214052,043.73 6100LIQUOR & SPIRITS ORDER 211836 348638912 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 4,447.79 160141 4/21/2023 108360 CANNON RIVER WINERY 06100 021405168.00 6100WINE ORDER 211829 15032 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 168.00 160142 4/21/2023 100419 CITY OF EMPIRE 06200 086560472.05 6202EMPIRE SEWER 211553 01-00000057 JAN-MAR'23 CONTRACTUAL SERVICES SEWER OPERATIONS EXPENSE 472.05 Pa g e 1 6 o f 2 4 Pa g e 9 1 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 15Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 160143 4/21/2023 100030 CORE & MAIN, LP 06500 086220142.38 6502HYDRANT MARKERS 211742 S580848 EQUIP SUPPLIES & PARTS WATER UTILITY EXPENSE 06500 0862202,763.33 6502HYDRANT BREAK OFF KITS 211743 S554655 EQUIP SUPPLIES & PARTS WATER UTILITY EXPENSE 06500 0862202,763.33-6502CREDIT HYDRANT BREAK OFF KITS 211766 S592888 CR EQUIP SUPPLIES & PARTS WATER UTILITY EXPENSE 142.38 160144 4/21/2023 100081 DAKOTA COUNTY LUMBER COMPANY 01000 096220305.20 1090CONCRETE2119632304-876807 EQUIP SUPPLIES & PARTS PARK MAINTENANCE 02500 09622042.00 2502NEW BOARDS FOR LOCKER ROOM 6 211965 2304-876767 EQUIP SUPPLIES & PARTS ICE ARENA OPERATIONS EXPE 347.20 160145 4/21/2023 100115 DAKOTA SUPPLY GROUP 06500 086220226.45 6502HYDRANT METER PARTS 211409 S102587945.001 EQUIP SUPPLIES & PARTS WATER UTILITY EXPENSE 226.45 160146 4/21/2023 100364 EHLERS & ASSOCIATES INC 04600 072256770.00 4600TIF 15 - ANALYSIS 211761 93795 DEVELOPMENT ESCROWS80000 PRIVATE CAPITAL PROJECTS 770.00 160147 4/21/2023 100270 EMERGENCY MEDICAL PRODUCTS INC 01000 06622083.98 1060MEDICAL SUPPLIES 211417 2540827 EQUIP SUPPLIES & PARTS FIRE SERVICES 83.98 160148 4/21/2023 118859 ENTERPRISE FM TRUST 056007110880.76 5602VEHICLE 531 211750 FBN4718220 DEBT PRINCIPAL GEN CAPITAL EQUIP FUND EX 056007110827.91 5602VEHICLE 530 211750 FBN4718220 DEBT PRINCIPAL GEN CAPITAL EQUIP FUND EX 056007110827.91 5602VEHICLE 304 211750 FBN4718220 DEBT PRINCIPAL GEN CAPITAL EQUIP FUND EX 056007110827.91 5602VEHICLE 532 211750 FBN4718220 DEBT PRINCIPAL GEN CAPITAL EQUIP FUND EX 056007110550.76 5602VEHICLE 524 211750 FBN4718220 DEBT PRINCIPAL GEN CAPITAL EQUIP FUND EX 056007120224.40 5602VEHICLE 524 211750 FBN4718220 DEBT INTEREST GEN CAPITAL EQUIP FUND EX 056007110592.70 5602VEHICLE 521 211750 FBN4718220 DEBT PRINCIPAL GEN CAPITAL EQUIP FUND EX 056007120197.99 5602VEHICLE 521 211750 FBN4718220 DEBT INTEREST GEN CAPITAL EQUIP FUND EX 056007110592.70 5602VEHICLE 523 211750 FBN4718220 DEBT PRINCIPAL GEN CAPITAL EQUIP FUND EX 056007120197.99 5602VEHICLE 523 211750 FBN4718220 DEBT INTEREST GEN CAPITAL EQUIP FUND EX 5,721.03 160149 4/21/2023 109931 FACTORY MOTOR PARTS 01000 056230121.67 1051ENGINE MOUNT FOR 0542 211378 25-1087679 VEHICLE SUPPLIES & PARTS PATROL SERVICES 01000 05623069.89 1051WHEEL BEARING FOR 0542 211379 1-8503930 VEHICLE SUPPLIES & PARTS PATROL SERVICES 01000 06623064.04 1060FILTERS FOR 4781 211546 1-8508445 VEHICLE SUPPLIES & PARTS FIRE SERVICES 255.60 160150 4/21/2023 118479 FLAHERTY & HOOD, P.A. 01000 0464032,147.50 1011HR LEGAL 211736 20230410 LEGAL HUMAN RESOURCES 2,147.50 Pa g e 1 7 o f 2 4 Pa g e 9 2 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 16Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 160151 4/21/2023 118051 FUN JUMPS ENTERTAINMENT INC 04300 066950287.38 4302150TH CELEBRATION-DUNK TANK 211847 214483 MACHINERY, EQUIPMENT & TOOLS FIRE RELIEF 287.38 160152 4/21/2023 119482 GILLIS LAWN & TREE CARE LLC 01000 0765601,125.00 10762117631352 A CONTRACTUAL SERVICES NATURAL RESOURCES 1,125.00 160153 4/21/2023 100027 GREAT LAKES COCA-COLA DISTRIBUTION, LLC 06100 021405662.62 6100POP ORDER 211780 3608219288 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405633.41 6100POP ORDER 211842 3608219255 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 1,296.03 160154 4/21/2023 118257 HAWKE, MICHAEL J 0100020207,583.10 1000APR'23 ELEC PRMTS PAYABLE 211854 INV#2023-3 CONTRACTS PAYABLE GENERAL FUND BALANCE SHEE 7,583.10 160155 4/21/2023 100074 HOHENSTEINS INC 06100 0214051,323.95 6100BEER ORDER 211841 597966 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405839.35 6100BEER ORDER 211983 600025 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 2,163.30 160156 4/21/2023 119429 INSIGHT BREWING COMPANY, LLC 06100 021405273.30 6100BEER ORDER 211804 4863 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 273.30 160157 4/21/2023 100225 INTERNATIONAL PUBLIC MGMT ASSOCIATION 01000 046405510.00 1011FIRE IPMA POC TESTS 211821 INV-75150-D7C0Y0 EMPLOYMENT TESTING HUMAN RESOURCES 510.00 160158 4/21/2023 107414 JEFFERSON FIRE & SAFETY INC 01000 066220889.20 1060SAW SUPPLIES 211507 IN301532 EQUIP SUPPLIES & PARTS FIRE SERVICES 01000 06622096.00 1060EQUIPMENT BRACKET 211752 IN301575 EQUIP SUPPLIES & PARTS FIRE SERVICES 985.20 160159 4/21/2023 111068 JOHN HENRY FOSTER MN, INC 06500 086220118.04-6502MOTOR RETURN 211239 10640240-00 CR EQUIP SUPPLIES & PARTS WATER UTILITY EXPENSE 06400 086220168.63-6402MOTOR RETURN 211239 10640240-00 CR EQUIP SUPPLIES & PARTS STORM WATER UTILITY OPERA 06200 08622084.32-6202MOTOR RETURN 211239 10640240-00 CR EQUIP SUPPLIES & PARTS SEWER OPERATIONS EXPENSE 01000 096220134.91-1090MOTOR RETURN 211239 10640240-00 CR EQUIP SUPPLIES & PARTS PARK MAINTENANCE 01000 08622084.32-1072MOTOR RETURN 211239 10640240-00 CR EQUIP SUPPLIES & PARTS STREET MAINTENANCE 06500 086515513.13 6502AIR DRYER REPLACEMENT 211738 10641498-00 BUILDING REPAIR/MAINTENANCE WATER UTILITY EXPENSE 06400 086515733.05 6402AIR DRYER REPLACEMENT 211738 10641498-00 BUILDING REPAIR/MAINTENANCE STORM WATER UTILITY OPERA 06200 086515366.52 6202AIR DRYER REPLACEMENT 211738 10641498-00 BUILDING REPAIR/MAINTENANCE SEWER OPERATIONS EXPENSE 01000 0965151,026.27 1090AIR DRYER REPLACEMENT 211738 10641498-00 BUILDING REPAIR/MAINTENANCE PARK MAINTENANCE Pa g e 1 8 o f 2 4 Pa g e 9 3 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 17Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 01000 086515513.13 1072AIR DRYER REPLACEMENT 211738 10641498-00 BUILDING REPAIR/MAINTENANCE STREET MAINTENANCE 2,561.88 160160 4/21/2023 100033 JOHNSON BROTHERS LIQUOR COMPANY 06100 021405378.19 6100WINE ORDER 211787 2274689 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214052,454.36 6100LIQUOR & SPIRITS ORDER 211788 2274691 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405306.52 6100LIQUOR & SPIRITS ORDER 211790 2274688 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140538.77 6100LIQUOR & SPIRITS ORDER 211792 2274690 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140585.77 6100WINE ORDER 211793 2274519 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214051,163.54 6100WINE ORDER 211796 2273865 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214051,160.47 6100LIQUOR & SPIRITS ORDER 211797 2274692 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405667.02 6100WINE ORDER 211798 2274693 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214051,783.41 6100LIQUOR & SPIRITS ORDER 211800 2273864 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405125.31 6100LIQUOR & SPIRITS ORDER 211802 2274694 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405348.50 6100LIQUOR & SPIRITS ORDER 211803 2273825 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405212.70 6100LIQUOR & SPIRITS ORDER 211806 2273904 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214052,893.87 6100LIQUOR & SPIRITS ORDER 211807 2274512 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405343.08 6100WINE ORDER 211808 2274518 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405760.86 6100LIQUOR & SPIRITS ORDER 211809 2274515 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 0214051,214.45 6100WINE ORDER 211810 2274516 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405553.93 6100WINE ORDER 211811 2274514 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405791.56 6100LIQUOR & SPIRITS ORDER 211812 2274517 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405730.02 6100LIQUOR & SPIRITS ORDER 211813 2274513 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 0214051,645.32 6100WINE ORDER 211823 2273867 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 0214052,081.94 6100LIQUOR & SPIRITS ORDER 211825 2273866 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405191.31 6100WINE ORDER 211982 2279327 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405796.84 6100LIQUOR & SPIRITS ORDER 211984 2279326 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140583.54 6100LIQUOR & SPIRITS ORDER 211985 2279330 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405768.08 6100LIQUOR & SPIRITS ORDER 211986 2279325 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405218.58 6100LIQUOR & SPIRITS ORDER 211987 2279147 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405311.10 6100WINE ORDER 211990 2279329 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405343.08 6100WINE ORDER 211991 2279148 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214051,694.30 6100LIQUOR & SPIRITS ORDER 211992 2279328 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405293.87 6100LIQUOR & SPIRITS ORDER 211994 2279143 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 24,440.29 160161 4/21/2023 117075 JOHNSON CONTROLS 01000 0164012,291.17 1015METASYS UPGRADE 211747 1-128646916202 PROFESSIONAL SERVICES CITY HALL 2,291.17 160162 4/21/2023 102725 MINNESOTA DEPT OF HEALTH 06500 08646032.00 6502GLENN CLASS B EXAM FEE 211969 2023 WSSO MOGENSON MEMBER DUES & LICENSURE WATER UTILITY EXPENSE 32.00 Pa g e 1 9 o f 2 4 Pa g e 9 4 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 18Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 160163 4/21/2023 102725 MINNESOTA DEPT OF HEALTH 06500 08646032.00 6502NICK CLASS B EXAM FEE 211970 2023 WSSO BERRA MEMBER DUES & LICENSURE WATER UTILITY EXPENSE 32.00 160164 4/21/2023 102725 MINNESOTA DEPT OF HEALTH 06500 08646032.00 6502PETER CLASS C EXAM FEE 211971 2023 WSSO KERR MEMBER DUES & LICENSURE WATER UTILITY EXPENSE 32.00 160165 4/21/2023 102725 MINNESOTA DEPT OF HEALTH 06500 08646032.00 6502MATT CLASS B EXAM FEE 211972 2023 WSSO WALTMAN MEMBER DUES & LICENSURE WATER UTILITY EXPENSE 32.00 160166 4/21/2023 117433 MINNESOTA PAVING & MATERIALS 01000 086253450.00 1072COLD MIX 211967 1755645 STREET MATERIALS STREET MAINTENANCE 450.00 160167 4/21/2023 100322 MN NCPERS LIFE INSURANCE 07000 02211916.00 7000211998042023836123 PERA LIFE INS PAYABLE EMPLOYEE EXPENSE FUND 16.00 160168 4/21/2023 107322 NAPA AUTO PARTS 01000 09623029.98-1090PARTS RETURN 205330 279734 VEHICLE SUPPLIES & PARTS PARK MAINTENANCE 01000 056230132.80 1051EXHAUST PART FOR 0551 211853 29?369 VEHICLE SUPPLIES & PARTS PATROL SERVICES 102.82 160169 4/21/2023 102936 NORTHERN DOOR COMPANY 02500 096515781.50 2502OVERHEAD DOOR REPAIR 211962 72735 BUILDING REPAIR/MAINTENANCE ICE ARENA OPERATIONS EXPE 781.50 160170 4/21/2023 114413 OFFICE OF ADMINISTRATIVE HEARINGS 01000 046403147.50 1011PRE-HEARING EXPENSES 211777 521493-1 LEGAL HUMAN RESOURCES 01000 046403220.50 1011PRE-HEARING EXPENSES 211778 521492-1 LEGAL HUMAN RESOURCES 368.00 160171 4/21/2023 100290 PAUSTIS & SONS WINE COMPANY 06100 021405460.00 6100WINE ORDER 211837 198593 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 460.00 160172 4/21/2023 100093 PELLICCI HARDWARE & RENTAL 01000 01624019.99 1015WALL ANCHORS 211855 104200/F BUILDING SUPPLIES & PARTS CITY HALL 01000 09622021.47 1090TRUCK CENTER COUNICL REPAIR 211877 103555/F EQUIP SUPPLIES & PARTS PARK MAINTENANCE 41.46 160173 4/21/2023 100032 PEPSI COLA COMPANY 06100 021405174.62 6100POP ORDER 211840 47314806 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 174.62 160174 4/21/2023 118379 PEQUOD DISTRIBUTING Pa g e 2 0 o f 2 4 Pa g e 9 5 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 19Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 06100 021405285.00 6100BEER ORDER 211805 W-184618 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 285.00 160175 4/21/2023 100034 PHILLIPS WINE AND SPIRITS, INC 06100 021405830.85 6100WINE ORDER 211784 6573043 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405421.56 6100LIQUOR & SPIRITS ORDER 211789 6573042 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405103.79 6100LIQUOR & SPIRITS ORDER 211815 6572908 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405796.83 6100WINE ORDER 211816 6572907 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405989.22 6100LIQUOR & SPIRITS ORDER 211826 6572906 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405797.35 6100WINE ORDER 211989 6576713 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 021405981.79 6100LIQUOR & SPIRITS ORDER 211993 6576712 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140549.92 6100LIQUOR & SPIRITS ORDER 211995 6576714 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 4,971.31 160176 4/21/2023 107374 RDO EQUIPMENT CO 0570062207,006.09 5751SAFETY EQUIPMENT 211764 P9971770 EQUIP SUPPLIES & PARTS FORESTRY MANAGEMENT 05700622060.99 5751DIAMETER TAPE 211765 P9971970 EQUIP SUPPLIES & PARTS FORESTRY MANAGEMENT 7,067.08 160177 4/21/2023 116845 SELA 01000 0165151,209.29 1015ROOF LEAK REPAIR 211950 16499 BUILDING REPAIR/MAINTENANCE CITY HALL 1,209.29 160178 4/21/2023 107018 SHAMROCK GROUP 06100 021405192.05 6100ICE CUBE ORDER 211830 2877264 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 192.05 160179 4/21/2023 110507 SHRED-IT USA, LLC 01000 016401711.93 1010SHREDDING SERVICES 211980 18003558059 PROFESSIONAL SERVICES ADMINISTRATION 711.93 160180 4/21/2023 112051 SOUTHERN GLAZER'S OF MN 06100 0214054,771.81 6100LIQUOR & SPIRITS ORDER 211828 2332531 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 0214052.77 6100LIQUOR & SPIRITS ORDER 211834 2332530 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 4,774.58 160181 4/21/2023 100100 STREICHER'S 01000 05629099.98 1051WITT INITIAL ISSUE UNIFORM 211775 I1627434 UNIFORMS & CLOTHING PATROL SERVICES 01000 056290133.98 1051WITT INITIAL ISSUE UNIFORM 211776 I1626259 UNIFORMS & CLOTHING PATROL SERVICES 233.96 160182 4/21/2023 118440 SUMMER LAKES BEVERAGE LLC 06100 021405346.50 6100LIQUOR & SPIRITS ORDER 211835 5392 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 346.50 160183 4/21/2023 113269 UNIVERSITY OF MN, REGENTS OF 01000 0564701,040.00 1051MARCH/APRIL 2023 RANGE USE 211768 0430006822 TRAINING & SUBSISTANCE PATROL SERVICES Pa g e 2 1 o f 2 4 Pa g e 9 6 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 20Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 1,040.00 160184 4/21/2023 100334 WINE MERCHANTS 06100 021405.30 6100WINE ORDER 211785 7422571 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 0214051,061.14 6100WINE ORDER 211791 7422603 10 INVENTORY- DOWNTOWN LIQUOR OPERATIONS 06100 02140573.77 6100WINE ORDER 211817 7422573 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 06100 021405199.77 6100WINE ORDER 211822 7422572 15 INVENTORY- PILOT KNOB LIQUOR OPERATIONS 1,334.98 20230411 4/17/2023 108980 MINNESOTA ENERGY RESOURCES CORPORATION 06500 086423142.46 6502MAR'23 GAS WELL #5 211381 0507120636 MAR'23 NATURAL GAS WATER UTILITY EXPENSE 06200 08642326.97 6202MAR'23 GAS VERM GROVE LIFT STN 211382 0503080372 MAR'23 NATURAL GAS SEWER OPERATIONS EXPENSE 169.43 20230412 4/18/2023 108980 MINNESOTA ENERGY RESOURCES CORPORATION 06100 026423501.25 6110MAR'23 GAS DT LIQ STORE 211397 0731950432 MAR'23 NATURAL GAS DOWNTOWN LIQUOR REV & EXP 501.25 20230413 4/18/2023 117633 NOKOMIS ENERGY LLC 01000 096422663.92 1090MAR'23 ELEC CITYHALL/ARENA/RRC 211630 AOR3YP-2023-03-31 ELECTRIC PARK MAINTENANCE 01000 0164223,752.16 1015MAR'23 ELEC CITYHALL/ARENA/RRC 211630 AOR3YP-2023-03-31 ELECTRIC CITY HALL 02500 0964225,560.40 2502MAR'23 ELEC CITYHALL/ARENA/RRC 211630 AOR3YP-2023-03-31 ELECTRIC ICE ARENA OPERATIONS EXPE 9,976.48 20230414 4/19/2023 111046 VOYAGER FLEET SYSTEMS INC 07200 086272390.61 7200MAR'23 FUEL FLEET 211402 8690882372312 FLEET FUEL FLEET OPERATIONS 06200 086272848.82 6202MAR'23 FUEL SEWER 211403 8690882372312 SEWER FUEL SEWER OPERATIONS EXPENSE 06400 086272191.40 6402MAR'23 FUEL STORM 211404 8690882372312 STORM FUEL STORM WATER UTILITY OPERA 06500 086272328.09 6502MAR'23 FUEL WATER 211405 8690882372312 WATER FUEL WATER UTILITY EXPENSE 01000 086272185.44 1072MAR'23 FUEL STREET 211408 8690882372312 ST/SN FUEL STREET MAINTENANCE 01000 086272719.07 1073MAR'23 FUEL SNOW 211408 8690882372312 ST/SN FUEL SNOW REMOVAL SERVICES 01000 07627251.91 1076MAR'23 FUEL NAT RES 211411 8690882372312 NAT RES FUEL NATURAL RESOURCES 01000 0562724,656.07 1051MAR'23 FUEL POLICE 211413 8690882372312 POLICE FUEL PATROL SERVICES 01000 0662721,014.38 1060MAR'23 FUEL FIRE 211423 8690882372312 FIRE FUEL FIRE SERVICES 01000 07627234.95 1070MAR'23 FUEL ENGINEERING 211434 8690882372312 ENGINEERING FUEL ENGINEERING SERVICES 01000 03627260.41 1030MAR'22 FUEL CODE ENFORCEMENT 211451 8690882372312 FUEL PLANNING & ZONING Pa g e 2 2 o f 2 4 Pa g e 9 7 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 21Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div PLAN/ZONE 01000 076272291.39 1031MAR'23 FUEL BLDG INSP 211452 8690882372312 BLDG INSP FUEL BUILDING INSPECTIONS 06500 0862722.39 6502MAR'23 FUEL JANITORIAL 211587 8690882372312 JANITORIAL FUEL WATER UTILITY EXPENSE 06400 0862723.41 6402MAR'23 FUEL JANITORIAL 211587 8690882372312 JANITORIAL FUEL STORM WATER UTILITY OPERA 06200 0862721.71 6202MAR'23 FUEL JANITORIAL 211587 8690882372312 JANITORIAL FUEL SEWER OPERATIONS EXPENSE 01000 0562723.41 1050MAR'23 FUEL JANITORIAL 211587 8690882372312 JANITORIAL FUEL POLICE ADMINISTRATION 01000 0962723.41 1093MAR'23 FUEL JANITORIAL 211587 8690882372312 JANITORIAL FUEL SENIOR CITIZEN SERVICES 01000 0962724.78 1090MAR'23 FUEL JANITORIAL 211587 8690882372312 JANITORIAL FUEL PARK MAINTENANCE 01000 0862722.39 1072MAR'23 FUEL JANITORIAL 211587 8690882372312 JANITORIAL FUEL STREET MAINTENANCE 01000 0662726.14 1060MAR'23 FUEL JANITORIAL 211587 8690882372312 JANITORIAL FUEL FIRE SERVICES 01000 01627225.94 1015MAR'23 FUEL JANITORIAL 211587 8690882372312 JANITORIAL FUEL CITY HALL 01000 0962722,510.37 1090FUEL MARCH 23 211626 8690882372312 PARKS FUEL PARK MAINTENANCE 11,336.49 20230415 4/20/2023 108980 MINNESOTA ENERGY RESOURCES CORPORATION 01000 0964231,043.05 1093MAR'23 GAS RRC 211492 0507948331 MAR'23 NATURAL GAS SENIOR CITIZEN SERVICES 01000 056423827.08 1050MAR'23 GAS POLICE DEPT 211503 0505974444 MAR'23 NATURAL GAS POLICE ADMINISTRATION 01000 066423798.93 1060MAR'23 GAS FIRE STATION 1 211511 0506565319 MAR'23 NATURAL GAS FIRE SERVICES 06500 08642382.21 6502MAR'23 GAS WELL HOUSE 1 OAK ST 211541 0506788875 MAR'23 NATURAL GAS WATER UTILITY EXPENSE 06500 086423150.46 65021ST STREET GAS MARCH 23 211596 0505547424 MAR'23 NATURAL GAS WATER UTILITY EXPENSE 06400 08642390.28 64021ST STREET GAS MARCH 23 211596 0505547424 MAR'23 NATURAL GAS STORM WATER UTILITY OPERA 06200 086423112.85 62021ST STREET GAS MARCH 23 211596 0505547424 MAR'23 NATURAL GAS SEWER OPERATIONS EXPENSE 01000 096423102.31 10901ST STREET GAS MARCH 23 211596 0505547424 MAR'23 NATURAL GAS PARK MAINTENANCE 01000 086423112.85 10721ST STREET GAS MARCH 23 211596 0505547424 MAR'23 NATURAL GAS STREET MAINTENANCE 06500 086423896.64 6502MAR'23 GAS CMF 211627 0502362190 MAR'23 NATURAL GAS WATER UTILITY EXPENSE 06400 086423537.98 6402MAR'23 GAS CMF 211627 0502362190 MAR'23 NATURAL GAS STORM WATER UTILITY OPERA 06200 086423672.48 6202MAR'23 GAS CMF 211627 0502362190 MAR'23 NATURAL GAS SEWER OPERATIONS EXPENSE 01000 096423609.71 1090MAR'23 GAS CMF 211627 0502362190 MAR'23 NATURAL GAS PARK MAINTENANCE 01000 086423672.48 1072MAR'23 GAS CMF 211627 0502362190 MAR'23 NATURAL GAS STREET MAINTENANCE 02500 0964232,129.08 2502MAR'23 GAS ARENA 211628 0502346011 MAR'23 NATURAL GAS ICE ARENA OPERATIONS EXPE 8,838.39 Pa g e 2 3 o f 2 4 Pa g e 9 8 o f 1 8 5 4/25/2023CITY OF FARMINGTON 7:16:41R55CKS2LOGIS600V 22Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 4/25/20234/12/2023 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 20230416 4/21/2023 108980 MINNESOTA ENERGY RESOURCES CORPORATION 06100 026423449.74 6115MAR'23 GAS PK LIQ STORE 211564 0507026961 MAR'23 NATURAL GAS PILOT KNOB LIQUOR 449.74 20230417 4/21/2023 100135 PUBLIC EMPLOYEES RETIREMENT ASSN. 07000 02211327,067.36 7000211996042023836121 PERA PAYABLE EMPLOYEE EXPENSE FUND 07000 02615436,096.50 7000211997042023836122 PERA EMPLOYEE EXPENSE FUND 63,163.86 Report Totals 564,964.02 Pa g e 2 4 o f 2 4 Pa g e 9 9 o f 1 8 5 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Chris Regis, Finance Director Department: Finance Subject: Purchase of DebtBook Software Meeting: Regular Council - May 01 2023 INTRODUCTION: The City recently implemented Governmental Accounting Standards Board (GASB) 87, Leases. This new standard requires additional work to be completed internally regarding leases that the City has entered into. DISCUSSION: City Staff has viewed a demonstration of a software product called DebtBook. This software product would provide an efficient method to account for all leases that the City has entered into, as well as future lease contracts. The software will ensure that the City will be in compliance with GASB 87. In addition, the City will be required to implement GASB 96, Subscription Based Information Technology Arrangements, in 2023. This software product will also provide an efficient way to account for GASB 96. BUDGET IMPACT: The cost of the software and implementation would be $11,400. The funding source for the purchase would be the General Fund. ACTION REQUESTED: Staff is requesting City Council approval for the purchase of DebtBook software. ATTACHMENTS: DebtBook Farmington MN Order Form May 2023 Page 100 of 185 ORDER FORM Fifth Asset,Inc.,d/b/a DebtBook (“DebtBook”)is pleased to provide the City of Farmington,MN (“Customer”)with the Services subject to the terms established in this Order Form,including DebtBook’s Price Quote attached as Exhibit A and incorporated herein by this reference (the “DebtBook Quote”).This Order Form may be modified or replaced from time to time by a subsequent Order Form duly executed and delivered by each party in connection with any Renewal Term. The Services are subject to DebtBook’s General Terms &Conditions,which have been provided to Customer (the “Terms &Conditions”),and the Incorporated Documents referenced in the Terms & Conditions.Each capitalized term used but not defined in this Order Form has the meaning given in the Terms &Conditions. Order Form Details Effective Date:5/8/2023 Billing Frequency:Annually Initial Term End Date:5/7/2024 Payment Terms:Net 30 Initial Pricing Tier:Tier 2 See the DebtBook Quote for more details Services.Subject to the terms described in this Order Form,DebtBook will grant Customer access to the Application Services during the Initial Term described above and,if applicable,each subsequent Renewal Term.As part of the onboarding process,DebtBook will provide Customer with the Onboarding Services and,if requested,the Implementation Services.DebtBook will also provide Customer with the Support Services throughout the Term. Fees.DebtBook will charge Customer (1)a recurring Subscription Fee for Customer’s access to the Onboarding Services,the Application Services,and the Support Services and (2)if applicable,an Implementation Fee for the Implementation Services,in each case as set forth in the DebtBook Quote and this Order Form. Generally,DebtBook sets Fees using its standard pricing schedule for the Services based on the Customer’s applicable Pricing Tier,which is based on the total number and amount of the Customer’s Application Obligations at the time of determination.DebtBook’s current pricing schedule and Pricing Tiers are set forth in the DebtBook Quote,which will remain in effect with respect to Customer throughout the Initial Term. The Initial Pricing Tier indicated above is based on Customer’s good faith estimate of its Application Obligations as of the Effective Date.The Subscription Fees to be charged as provided in the DebtBook Quote will not change during the Initial Term,regardless of any change to the actual number or amount of the Customer’s Application Obligations during the Initial Term. Implementation Services.At Customer’s request,DebtBook will provide Implementation Services to Customer for a 12-month period,with each such period beginning,if applicable,on the Effective Date and on each anniversary of the Effective Date thereafter (each,an “Implementation Period”). Customer may request Implementation Services at any time during the Term. If Implementation Services are requested for any Implementation Period,then the Implementation Fee will be based on the aggregate number and amount of the Customer’s Application Obligations at the beginning of such Implementation Period.The Implementation Fee will be due and payable at the later of (1) the beginning of the applicable Implementation Period or (2)the date on which Customer requests Implementation Services for such Implementation Period,and will entitle Customer,in each case,to Implementation Services at the applicable Pricing Tier through the end of the Implementation Period then in effect. September 2022 Form Page 2 of 16 Page 101 of 185 For any Implementation Period,if the total number or amount of Customer’s Application Obligations implemented causes Customer’s applicable Pricing Tier to increase,then DebtBook will charge Customer an additional Implementation Fee such that the total Implementation Fee charged for such Implementation Period equals the Implementation Fee applicable to the increased Pricing Tier as set forth in the DebtBook Quote. Billing.Unless otherwise provided in the Order Form or the Customer Terms,all Fees will be due and payable in advance on the terms indicated above,and each invoice will be emailed to the Customer’s billing contact indicated below. Renewal Term.The Agreement is subject to renewal on the terms set forth in the Terms & Conditions.The Pricing Tier applicable for each Renewal Term will be determined based on the aggregate number and amount of the Customer’s Application Obligations at the time of renewal. Termination.The Agreement is subject to early termination on the terms set forth in the Terms & Conditions. Entire Agreement.By executing this Order Form,each party agrees to be bound by this Order Form, the Terms &Conditions,the Incorporated Documents,and any Customer Terms. This Order Form,the Customer Terms,the Terms &Conditions,and the Incorporated Documents constitute the complete “Agreement”between the parties and supersede any prior discussion or representations regarding the Customer’s purchase and use of the Services. Intellectual Property.Except for the limited rights and licenses expressly granted to Customer under this Order Form and the Terms &Conditions,nothing in the Agreement grants to Customer or any third party any intellectual property rights or other right,title,or interest in or to the DebtBook IP. Important Disclaimers &Limitations.EXCEPT FOR THE WARRANTIES SET FORTH IN THE TERMS &CONDITIONS,DEBTBOOK IP IS PROVIDED “AS IS,”AND DEBTBOOK DISCLAIMS ALL WARRANTIES,WHETHER EXPRESS,IMPLIED,STATUTORY,OR OTHERWISE,INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,TITLE, AND NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE,OR TRADE PRACTICE.IN ADDITION,TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES’LIABILITIES UNDER THE AGREEMENT ARE LIMITED AS SET FORTH IN THE TERMS &CONDITIONS. Notices.Any Notice delivered under the Agreement will be delivered to the address below each party’s signature below. September 2022 Form Page 3 of 16 Page 102 of 185 Authority; Execution. Each of the undersigned represents that they are authorized to (1) execute and deliver this Order Form on behalf of their respective party and (2) bind their respective party to the terms of the Agreement. This Order Form and any other documents executed and delivered in connection with the Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. To the extent permitted by applicable law, electronic signatures may be used for the purpose of executing the Order Form by email or other electronic means. Any document delivered electronically and accepted is deemed to be “in writing” to the same extent and with the same effect as if the document had been signed manually. FIFTH ASSET, INC., D/B/A DEBTBOOK By: Name: Tyler Traudt Title: CEO CITY OF FARMINGTON, MN By: Name: Title: Notice Address PO Box 667950 Charlotte, NC 28266 Attention: Chief Executive Officer tyler.traudt@debtbook.com Notice Address 430 Third Street Farmington, MN 55024 Attention: Lynn Gorski, City Administrator lgorski@farmingtonmn.gov Billing Contact 430 Third Street Farmington, MN 55024 Attention: Chris Regis, Finance Director cregis@farmingtonmn.gov September 2022 Form Page 4 of 16 Page 103 of 185 Exhibit A DebtBook Quote [See attached.] September 2022 Form Page 5 of 16 Page 104 of 185 City of F armington, MN Farmingt o n, MN 430 Third St. Farmington, MN 550 24 US C hris Re gis cre gis@farmingtonmn.gov 651 28 0 68 8 0 Quote cre ated: April 21 , 20 23 Quote expire s: M ay 7, 20 23 Quote cre ate d by: Se th B adge r Sr. Account E xe cutive se th.badger@ de btbook.com C o mme nt s f ro m S e t h Badge r Pro d ucts & S e rv ice s It e m & D e s c ript io n S KU Q uant it y Unit Pric e T o t al 23 Subscription Fee Tie r 2 23ST2-1 1 $1 3,0 0 0 .0 0   / ye ar $1 0 ,40 0 .0 0 / ye ar 23 W hite Glove I mplementation Fee Tier 2 23WGI 2- 1 1 $2,0 0 0 .0 0  $1 ,0 0 0 .0 0 T o tal $1 1 ,4 00.00 This represents the annual subscription fee your organiz ation pays for the Application Services, O nboarding Services, and Support Services. This includes unlimited users and external sharing. after 20 % discount This covers the cost of our White G love Implementation process for y our organiz ation. after 50 % discount Page 6 of 16 Page 105 of 185 2 0 2 3 Pric ing T ie rs The be low tiers represe nt De btB ook's 20 23 P ricing Tiers.   Q ue s t io ns? C o nt ac t me Se th B adge r Sr. Account E xecutive se th.badge r@debtbook.com Page 7 of 16 Page 106 of 185 DEBTBOOK’S GENERAL TERMS &CONDITIONS Please carefully read these General Terms and Conditions (these “Terms &Conditions”)which govern the Customer’s access and use of the Services described in the Order Form. By executing the Order Form and using any of the Services,the Customer agrees to be bound by these Terms. 1.Definitions. “Aggregated Statistics”means data and information related to Customer’s use of the Services that is used by DebtBook in an aggregate and anonymized manner,including statistical and performance information related to the Services. “Agreement”means,collectively and to the extent applicable,the Order Form,any Customer Terms,these Terms &Conditions,and the Incorporated Documents,in each case as may be amended from time to time in accordance with their terms. “Application Obligations”means,collectively,Customer’s debt,lease,and other financial obligations relevant to the Application Services. “Application Services”means DebtBook’s debt,lease,and financial obligation management and compliance software-as-a-service application. “Appropriate Security Measures”means,collectively,commercially reasonable technical and physical controls and safeguards intended to protect Customer Data against destruction,loss,unauthorized disclosure,or unauthorized access by employees or contractors employed by DebtBook. “Authorized User”means any of Customer’s employees,consultants,contractors,or agents who are authorized by Customer to access and use any of the Services. “Customer”means the person or entity purchasing the Services as identified in the Order Form. “Customer Data”means,other than Aggregated Statistics,information,data,and other content,in any form or medium,that is transmitted by or on behalf of Customer or an Authorized User through the Services. “Customer Terms”means any terms or agreements provided by Customer and applicable to the Services but only to the extent such terms or agreements are expressly referenced and incorporated into the Order Form.For the avoidance of doubt,“Customer Terms”does not include any purchase order or similar document generated by Customer unless such document is expressly referenced and incorporated into the Order Form. “DebtBook”means Fifth Asset,Inc.,d/b/a DebtBook,a Delaware corporation,and its permitted successor and assigns. “DebtBook IP”means (1)the Services,Documentation,and Feedback,including all ideas,concepts,discoveries,strategies,analyses,research,developments,improvements, data,materials,products,documents,works of authorship,processes,procedures,designs, techniques,inventions,and other intellectual property,whether or not patentable or copyrightable,and all embodiments and derivative works of each of the foregoing in any form and media,that are developed,generated or produced by DebtBook arising from or related to the Services,Documentation,or Feedback;and (2)any intellectual property provided to Customer or any Authorized User in connection with the foregoing other than Customer Data. “Documentation”means DebtBook’s end user documentation and content, regardless of media,relating to the Services made available from time to time on DebtBook’s website at https://support.debtbook.com. September 2022 Form Page 8 of 16 Page 107 of 185 “Feedback”means any comments,questions,suggestions,or similar feedback transmitted in any manner to DebtBook,including suggestions relating to features, functionality,or changes to the DebtBook IP. “Governing State”means,if Customer is a Government Entity,the state in which Customer is located.If Customer is not a Government Entity,“Governing State”means the State of North Carolina. “Government Entity”means any unit of state or local government,including states, counties,cities,towns,villages,school districts,special purpose districts,and any other political or governmental subdivisions and municipal corporations,and any agency,authority, board,or instrumentality of any of the foregoing. “Implementation Services”means,if requested by Customer,the additional implementation services provided to Customer on an annual basis,including tailored implementation support,review of Application Obligations,and entry of relevant Customer Data. “Incorporated Documents”means,collectively,the Privacy Policy,the SLA,and the Usage Policy,as each may be updated from time to time in accordance with their terms.The Incorporated Documents,as amended,are incorporated into these Terms &Conditions by this reference.Current versions of the Incorporated Documents are available at https://www.debtbook.com/legal. “Initial Term”means the Initial Term of the Services beginning on the Effective Date and ending on the Initial Term End Date,as established in the Order Form. “Onboarding Services”means onboarding services,support,and training as required to make the Application Services available to the Customer during the Initial Term. “Order Form”means (1)the order document executed and delivered by DebtBook and Customer for the Initial Term or (2)to the extent applicable,any subsequent order document executed and delivered by DebtBook and Customer for any Renewal Term. “Pricing Tier”means the Customer’s applicable pricing tier,determined based on the number and amount of Application Obligations at the time of determination,as set forth in the schedule included as part of the Order Form. “Privacy Policy”means,collectively,DebtBook’s privacy policy and any similar data policies generally applicable to all users of the Application Services,in each case as posted to DebtBook’s website and as updated from time to time in accordance with their terms. “Renewal Term”means any renewal term established in accordance with the terms of the Agreement. “Services”means,collectively,the Application Services,the Onboarding Services, the Implementation Services,and the Support Services. “SLA”means the Service Level Addendum generally applicable to all users of the Application Services,as posted to DebtBook’s website and as updated from time to time in accordance with its terms. “Support Services”means the general maintenance services and technical support provided in connection with the Application,as more particularly described in the SLA. “Term”means,collectively,the Initial Term and,if applicable,each successive Renewal Term. “Usage Policy”means,collectively,DebtBook’s acceptable usage policy,any end user licensing agreement,or any similar policy generally applicable to all end users accessing the September 2022 Form Page 9 of 16 Page 108 of 185 Application Services,in each case as posted to DebtBook’s website and as updated from time to time in accordance with its terms. Each capitalized term used but not otherwise defined in these Terms &Conditions has the meaning given to such term in the applicable Order Form. 2.Access and Use. (a)Provision of Access.Subject to the terms and conditions of the Agreement, DebtBook grants Customer and Customer’s Authorized Users a non-exclusive,non-transferable (except as permitted by these Terms)right to access and use the Application Services during the Term,solely for Customer’s internal use and for the Authorized Users’use in accordance with the Agreement.DebtBook will provide to Customer the necessary passwords and network links or connections to allow Customer to access the Application Services. (b)Documentation License.Subject to the terms and conditions of the Agreement, DebtBook grants to Customer and Customer’s Authorized Users a non-exclusive,non-sublicensable, non-transferable (except as permitted by these Terms)license to use the Documentation during the Term solely for Customer’s and its Authorized User’s internal business purposes in connection with its use of the Services. (c)Customer Responsibilities.Customer is responsible and liable for its Authorized Users’access and use of the Services and Documentation,regardless of whether such use is permitted by the Agreement.Customer must use reasonable efforts to make all Authorized Users aware of the provisions applicable to their use of the Services,including the Incorporated Documents. (d)Use Restrictions.Customer may not at any time,directly or indirectly through any Authorized User,access or use the Services in violation of the Usage Policies,including any attempt to (1)copy,modify,or create derivative works of the Services or Documentation,in whole or in part; (2)sell,license,or otherwise transfer or make available the Services or Documentation except as expressly permitted by the Agreement;or (3)reverse engineer,disassemble,decompile,decode,or otherwise attempt to derive or gain access to any software component of the Services,in whole or in part.Customer will not knowingly transmit any personally identifiable information to DebtBook or any other third-party through the Services. (e)Suspension.Notwithstanding anything to the contrary in the Agreement,DebtBook may temporarily suspend Customer’s and any Authorized User’s access to any or all of the Services if:(1)Customer is more than 45 days late in making any payment due under,and in accordance with, the terms of the Agreement,(2)DebtBook reasonably determines that (A)there is a threat or attack on any of the DebtBook IP;(B)Customer’s or any Authorized User’s use of the DebtBook IP disrupts or poses a security risk to the DebtBook IP or to any other customer or vendor of DebtBook;(C) Customer,or any Authorized User,is using the DebtBook IP for fraudulent or other illegal activities; or (D)DebtBook’s provision of the Services to Customer or any Authorized User is prohibited by applicable law;or (3)any vendor of DebtBook has suspended or terminated DebtBook’s access to or use of any third-party services or products required to enable Customer to access the Services (any such suspension,a “Service Suspension”).DebtBook will use commercially reasonable efforts to (i) provide written notice of any Service Suspension to Customer,(ii)provide updates regarding resumption of access to the Services,and (iii)resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured.DebtBook is not liable for any damage,losses,or any other consequences that Customer or any Authorized User may incur as a result of a Service Suspension. (f )Aggregated Statistics.Notwithstanding anything to the contrary in the Agreement, DebtBook may monitor Customer’s use of the Services and collect and compile Aggregated Statistics.As between DebtBook and Customer,all right,title,and interest in Aggregated Statistics, and all intellectual property rights therein,belong to and are retained solely by DebtBook.DebtBook September 2022 Form Page 10 of 16 Page 109 of 185 may compile Aggregated Statistics based on Customer Data input into the Services.DebtBook may (1)make Aggregated Statistics publicly available in compliance with applicable law,and (2) use Aggregated Statistics as permitted under applicable law so long as,in each case,DebtBook’s use of any Aggregated Statistics does not identify the Customer or disclose Customer’s Confidential Information. 3.Service Levels and Support.Subject to the terms and conditions of the Agreement, DebtBook will use commercially reasonable efforts to make the Application Services and Support Services available in accordance with the SLA. 4.Fees and Payment. (a)Fees.Customer will pay DebtBook the fees (“Fees”)set forth in the Order Form. DebtBook will invoice Customer for all Fees in accordance with the invoicing schedule and requirements set forth in the Order Form.Customer must pay all Fees in US dollars,and all Fees are fully earned once paid.To the extent permitted by applicable law,if Customer fails to make any payment when due,DebtBook may,without limiting any of its other rights,charge interest on the past due amount at the lowest of (1)the rate of 1.5%per month,(2)the rate established in any Customer Term,or (3)the maximum rate permitted under applicable law. (b)Taxes.All Fees and other amounts payable by Customer under the Agreement are exclusive of taxes and similar assessments.Unless Customer is exempt from making any such payment under applicable law or regulation,Customer is responsible for all applicable sales,use,and excise taxes,and any other similar taxes,duties,and charges of any kind imposed by any federal, state,or local governmental or regulatory authority on any amounts payable by Customer under the Agreement,other than any taxes imposed on DebtBook’s income. 5.Confidential Information. (a)From time to time during the Term,either party (the “Disclosing Party”)may disclose or make available to the other party (the “Receiving Party”)information about the Disclosing Party’s business affairs,products,confidential intellectual property,trade secrets,third-party confidential information,and other sensitive or proprietary information,whether in written,electronic,or other form or media,that is marked,designated,or otherwise identified as “confidential”,or which a reasonable person would understand to be confidential or proprietary under the circumstances (collectively,“Confidential Information”).For the avoidance of doubt,DebtBook’s Confidential information includes the DebtBook IP and the Application Services source code and specifications. As used in the Agreement,“Confidential Information”expressly excludes any information that,at the time of disclosure is (1) in the public domain;(2) known to the receiving party at the time of disclosure;(3)rightfully obtained by the Receiving Party on a non-confidential basis from a third party;or (4)independently developed by the Receiving Party. (b)To the extent permitted by applicable law,the Receiving Party will hold the Disclosing Party’s Confidential Information in strict confidence and may not disclose the Disclosing Party’s Confidential Information to any person or entity,except to the Receiving Party’s employees, officers,directors,agents,subcontractors,financial advisors,and attorneys who have a need to know the Confidential Information for the Receiving Party to exercise its rights or perform its obligations under the Agreement or otherwise in connection with the Services.Notwithstanding the foregoing,each party may disclose Confidential Information to the limited extent required (1)in order to comply with the order of a court or other governmental body,or as otherwise necessary to comply with applicable law,provided that the party making the disclosure pursuant to the order must first give written notice to the other party;or (2)to establish a party’s rights under the Agreement,including to make required court filings. (c)On the expiration or termination of the Agreement,the Receiving Party must promptly return to the Disclosing Party all copies of the Disclosing Party’s Confidential Information, September 2022 Form Page 11 of 16 Page 110 of 185 or destroy all such copies and,on the Disclosing Party’s request,certify in writing to the Disclosing Party that such Confidential Information has been destroyed. (d)Each party’s obligations under this Section are effective as of the Effective Date and will expire three years from the termination of the Agreement;provided,however,with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of the Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. (e)Notwithstanding anything in this Section to the contrary,if Customer is a Government Entity,then DebtBook expressly agrees and understands that Customer’s obligations under this Section are subject in all respects to,and only enforceable to the extent permitted by,the public records laws,policies,and regulations of the Governing State. 6.Intellectual Property. (a)DebtBook IP.As between Customer and DebtBook,DebtBook owns all right,title, and interest,including all intellectual property rights,in and to the DebtBook IP. (b)Customer Data.As between Customer and DebtBook,Customer owns all right,title, and interest,including all intellectual property rights,in and to the Customer Data.Customer hereby grants to DebtBook a non-exclusive,royalty-free,worldwide license to reproduce,distribute, sublicense,modify,prepare derivative works based on,and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary or appropriate for DebtBook to provide the Services to Customer. (c)Effect of Termination.Without limiting either party’s obligations under Section 5 of the Agreement,DebtBook,at no further charge to Customer,will (1)provide Customer with temporary access to the Application Services for up to 60 days after the termination of the Agreement to permit Customer to retrieve its Customer Data in a commercially transferrable format and (2)use commercially reasonable efforts to assist Customer,at Customer’s request,with such retrieval.After such period,DebtBook may destroy any Customer Data in accordance with DebtBook’s data retention policies. 7.Limited Warranties. (a)Functionality &Service Levels.During the Term,the Application Services will operate in a manner consistent with general industry standards reasonably applicable to the provision of the Application Services and will conform in all material respects to the Documentation and service levels set forth in the SLA when accessed and used in accordance with the Documentation.Except as expressly stated in the SLA,DebtBook does not make any representation,warranty,or guarantee regarding availability of the Application Services,and the remedies set forth in the SLA are Customer’s sole remedies and DebtBook’s sole liability under the limited warranty set forth in this paragraph. (b)Security.DebtBook has implemented Appropriate Security Measures and has made commercially reasonable efforts to ensure its licensors and hosting providers,as the case may be, have implemented Appropriate Security Measures intended to protect Customer Data. (c)EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION,DEBTBOOK IP IS PROVIDED “AS IS,”AND DEBTBOOK HEREBY DISCLAIMS ALL WARRANTIES,WHETHER EXPRESS,IMPLIED,STATUTORY,OR OTHERWISE.DEBTBOOK SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,TITLE, AND NON-INFRINGEMENT,AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE,OR TRADE PRACTICE.EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION,DEBTBOOK MAKES NO WARRANTY OF ANY KIND THAT THE DEBTBOOK IP,OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF,WILL MEET CUSTOMER’S OR ANY OTHER September 2022 Form Page 12 of 16 Page 111 of 185 PERSON’S REQUIREMENTS,OPERATE WITHOUT INTERRUPTION,ACHIEVE ANY INTENDED RESULT,BE COMPATIBLE OR WORK WITH ANY SOFTWARE,SYSTEM,OR OTHER SERVICES,OR BE SECURE,ACCURATE,COMPLETE,FREE OF HARMFUL CODE,OR ERROR FREE. (d)DebtBook exercises no control over the flow of information to or from the Application Service,DebtBook’s network,or other portions of the Internet.Such flow depends in large part on the performance of Internet services provided or controlled by third parties.At times, actions or inactions of such third parties can impair or disrupt connections to the Internet.Although DebtBook will use commercially reasonable efforts to take all actions DebtBook deems appropriate to remedy and avoid such events,DebtBook cannot guarantee that such events will not occur. ACCORDINGLY,DEBTBOOK DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATING TO ALL SUCH EVENTS,AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE AGREEMENT,ANY OTHER ACTIONS OR INACTIONS CAUSED BY OR UNDER THE CONTROL OF A THIRD PARTY. 8.Indemnification. (a)DebtBook Indemnification. (i)DebtBook will indemnify,defend,and hold harmless Customer from and against any and all losses,damages,liabilities,costs (including reasonable attorneys’fees) (collectively,“Losses”)incurred by Customer resulting from any third-party claim,suit, action,or proceeding (“Third-Party Claim”)that the Application Services,or any use of the Application Services in accordance with the Agreement,infringes or misappropriates such third party’s US patents,copyrights,or trade secrets,provided that Customer promptly notifies DebtBook in writing of the Third-Party Claim,reasonably cooperates with DebtBook in the defense of the Third-Party Claim,and allows DebtBook sole authority to control the defense and settlement of the Third-Party Claim. (ii)If such a claim is made or appears possible,Customer agrees to permit DebtBook,at DebtBook’s sole expense and discretion,to (A)modify or replace the DebtBook IP,or component or part of the DebtBook IP,to make it non-infringing,or (B)obtain the right for Customer to continue use.If DebtBook determines that neither alternative is reasonably available,DebtBook may terminate the Agreement in its entirety or with respect to the affected component or part,effective immediately on written notice to Customer,so long as, in each case,DebtBook promptly refunds or credits to Customer all amounts Customer paid with respect to the DebtBook IP that Customer cannot reasonably use as intended under the Agreement. (iii)DebtBook’s indemnification obligation under this Section will not apply to the extent that the alleged infringement arises from Customer’s use of the Application Services in combination with data,software,hardware,equipment,or technology not provided or authorized in writing by DebtBook or modifications to the Application Services not made by DebtBook. (b)Sole Remedy.SECTION 8(a)SETS FORTH CUSTOMER’S SOLE REMEDIES AND DEBTBOOK’S SOLE LIABILITY FOR ANY ACTUAL,THREATENED,OR ALLEGED CLAIMS THAT THE SERVICES INFRINGE,MISAPPROPRIATE,OR OTHERWISE VIOLATE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.IN NO EVENT WILL DEBTBOOK’S LIABILITY UNDER SECTION 8(a)EXCEED $1,000,000. (c)Customer Indemnification.To the extent permitted by applicable law,Customer will indemnify,hold harmless,and,at DebtBook’s option,defend DebtBook from and against any Losses resulting from any Third-Party Claim that the Customer Data,or any use of the Customer Data in accordance with the Agreement,infringes or misappropriates such third party’s intellectual property rights and any Third-Party Claims based on Customer’s or any Authorized User’s negligence or willful misconduct or use of the Services in a manner not authorized by the Agreement. September 2022 Form Page 13 of 16 Page 112 of 185 9.Limitations of Liability.EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY,INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),STRICT LIABILITY,AND OTHERWISE,FOR ANY CONSEQUENTIAL,INCIDENTAL,INDIRECT,EXEMPLARY,SPECIAL,ENHANCED,OR PUNITIVE DAMAGES,REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION,IN NO EVENT WILL THE AGGREGATE LIABILITY OF DEBTBOOK ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY,INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),STRICT LIABILITY,AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO DEBTBOOK UNDER THE AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO CLAIMS PURSUANT TO SECTION 8. 10.Term and Termination. (a)Term.Except as the parties may otherwise agree in the Order Form,or unless terminated earlier in accordance with the Agreement: (i)the Initial Term of the Agreement will begin on the Effective Date and end on the Initial Term End Date; (ii)the Agreement will automatically renew for successive 12-month Renewal Terms unless either party gives the other party written notice of non-renewal at least 30 days before the expiration of the then-current term;and (iii)each Renewal Term will be subject to the same terms and conditions established under the Agreement,with any Fees determined in accordance with DebtBook’s then-current pricing schedule published on DebtBook’s website and generally appliable to all users of the Services,as provided to Customer at least 60 days before the expiration of the then-current term. (b)Termination.In addition to any other express termination right set forth in the Agreement: (i)DebtBook may terminate the Agreement immediately if Customer breaches any of its obligations under Section 2 or Section 5; (ii)Customer may terminate the Agreement in accordance with the SLA; (iii)either party may terminate the Agreement,effective on written notice to the other party,if the other party materially breaches the Agreement,and such breach:(A)is incapable of cure;or (B)being capable of cure,remains uncured 30 days after the non-breaching party provides the breaching party with written notice of such breach; (iv)if (1)Customer is a governmental entity and (2)sufficient funds are not appropriated to pay for the Application Services,then Customer may terminate the Agreement at any time without penalty following 30 days prior written notice to DebtBook; or (v)either party may,to the extent permitted by law,terminate the Agreement, effective immediately on written notice to the other party,if the other party becomes insolvent or is generally unable to pay,or fails to pay,its debts as they become due or otherwise becomes subject,voluntarily or involuntarily,to any proceeding under any domestic or foreign bankruptcy or insolvency law. (c)Survival.Only this Section and Section 1 (Definitions),Sections 4 through 6 (Fees; Confidential Information;Intellectual Property),Section 7(c)(Disclaimer of Warranties),and Sections September 2022 Form Page 14 of 16 Page 113 of 185 8,9 and 12 (Indemnification;Limitations of Liability;Miscellaneous)will survive any termination or expiration of the Agreement. 11.Independent Contractor.The parties to the Agreement are independent contractors.The Agreement does not create a joint venture or partnership between the parties,and neither party is, by virtue of the Agreement,authorized as an agent,employee,or representative of the other party. 12.Miscellaneous. (a)Governing Law;Submission to Jurisdiction.The Agreement will be governed by and construed in accordance with the laws of the Governing State,without regard to any choice or conflict of law provisions,and any claim arising out of the Agreement may be brought in the state or federal courts located in the Governing State.Each party irrevocably submits to the jurisdiction of such courts in any such suit,action,or proceeding, (b)Entire Agreement;Order of Precedence.The Order Form,any Customer Terms,the Terms &Conditions,and the Incorporated Documents constitute the complete Agreement between the parties and supersede any prior discussion or representations regarding the Customer’s purchase and use of the Services. To the extent any conflict exists between the terms of the Agreement,the documents will govern in the following order or precedence:(1)the Order Form (2)the Customer Terms,(3)the Terms &Conditions,and (4)the Incorporated Documents.No other purchasing order or similar instrument issued by either party in connection with the Services will have any effect on the Agreement or bind the other party in any way. (c)Amendment;Waiver.No amendment to the Order Form,the Terms &Conditions,or the Customer Terms will be effective unless it is in writing and signed by an authorized representative of each party.DebtBook may update the Incorporated Documents from time-to-time following notice to Customer so long as such updates are generally applicable to all users of the Services.No waiver by any party of any of the provisions of the Agreement will be effective unless explicitly set forth in writing and signed by the party so waiving.Except as otherwise set forth in the Agreement,no failure to exercise,delay in exercising,or any partial exercise of any rights,remedy, power,or privilege arising from the Agreement will in any way waive or otherwise limit the future exercise of any right,remedy,power,or privilege available under the Agreement. (d)Notices.All notices,requests,consents,claims,demands,and waivers under the Agreement (each,a “Notice”)must be in writing and addressed to the recipients and addresses set forth for each party on the Order Form (or to such other address as DebtBook or Customer may designate from time to time in accordance with this Section).All Notices must be delivered by personal delivery,nationally recognized overnight courier (with all fees pre-paid),or email (with confirmation of transmission),or certified or registered mail (in each case,return receipt requested, postage pre-paid). (e)Force Majeure.In no event will either party be liable to the other party,or be deemed to have breached the Agreement,for any failure or delay in performing its obligations under the Agreement (except for any obligations to make payments),if and to the extent such failure or delay is caused by any circumstances beyond such party’s reasonable control,including acts of God,flood, fire,earthquake,pandemic,epidemic,problems with the Internet,shortages in materials,explosion, war,terrorism,invasion,riot or other civil unrest,strikes,labor stoppages or slowdowns or other industrial disturbances,or passage of law or any action taken by a governmental or public authority, including imposing an embargo. (f )Severability.If any provision of the Agreement is invalid,illegal,or unenforceable in any jurisdiction,such invalidity,illegality,or unenforceability will not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. September 2022 Form Page 15 of 16 Page 114 of 185 (g)Assignment.Either party may assign its rights or delegate its obligations,in whole or in part,on 30 days prior written notice to the other party,to an affiliate or an entity that acquires all or substantially all of the business or assets of such party,whether by merger,reorganization, acquisition,sale,or otherwise.Except as stated in this paragraph,neither party may assign any of its rights or delegate any of its obligations under the Agreement without the prior written consent of the other party,which consent may not be unreasonably withheld,conditioned,or delayed.The Agreement is binding on and inures to the benefit of the parties and their permitted successors and assigns. (h)Marketing.Neither party may issue press releases related to the Agreement without the other party’s prior written consent.Either party may include the name and logo of the other party in lists of customers or vendors. (i)State-Specific Certifications &Agreements.To the extent required under the laws of the Governing State,DebtBook hereby certifies and agrees as follows: (i)DebtBook has not been designated by any applicable government authority or body as a company engaged in the boycott of Israel under the laws of the Governing State; (ii)DebtBook is not presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participation in the Agreement by any governmental department or agency of the Governing State; (iii)DebtBook will not discriminate against any employee or applicant for employment because of race,ethnicity,gender,gender identity,sexual orientation,age, religion,national origin,disability,color,ancestry,citizenship,genetic information,political affiliation or military/veteran status,or any other status protected by federal,state,or local law;and (iv)DebtBook will verify the work authorization of its employees using the federal E-Verify program and standards as promulgated and operated by the United States Department of Homeland Security and,if applicable,will require its subcontractors to do the same. (j )Execution.Any document executed and delivered in connection with the Agreement may be executed in counterparts,each of which is deemed an original,but all of which together are deemed to be one and the same agreement.To the extent permitted by applicable law,electronic signatures may be used for the purpose of executing the Order Form by email or other electronic means.Any document delivered electronically and accepted is deemed to be “in writing”to the same extent and with the same effect as if the document had been signed manually. September 2022 Form Page 16 of 16 Page 115 of 185 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Justin Elvestad, Fire Chief Department: Fire Subject: Resolution Declaring Surplus Property-Fire Meeting: Regular Council - May 01 2023 INTRODUCTION: The Fire Department is requesting the authorization to dispose of a 1992 Ford F350. DISCUSSION: The 1992 pickup truck is no longer needed by the Fire Department and has been replaced. BUDGET IMPACT: The proceeds from the sale will be used to fund the fire department leasing plan. ACTION REQUESTED: Adopt the resolution declaring property surplus. ATTACHMENTS: R30-23 Declaring Property Surplus - Fire Dept Page 116 of 185 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R30-23 A RESOLUTION DECLARING ITEMS AS SURPLUS AND AUTHORIZING DISPOSAL WHEREAS, the Fire Department is requesting authorization to dispose of the following vehicle that is no longer in use due to the condition of the vehicle and is requesting to dispose of the vehicle by sale at auction with funds being deposited into the Vehicle Equipment Fund: 1992 Ford F350 VIN: 2FTHF36G4NCA61102 NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the above listed item is declared surplus and authorize its disposal with any proceeds to be placed into the Vehicle Equipment Fund. Adopted by the City Council of the City of Farmington, Minnesota, this 1st day of May 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 2 of 2 Page 117 of 185 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Peter Gilbertson, IT Director Department: IT Subject: Lease of City-Owned Conduit to Hiawatha Broadband Communications for Fiber Optic Lines - Elm Street Meeting: Regular Council - May 01 2023 INTRODUCTION: Hiawatha Broadband Communications (HBC) would like to enter into a lease with the City of Farmington for usage of City owned conduit running under the railroad tracks on Elm Street. DISCUSSION: The City of Farmington owns two runs of conduit along Elm Street. One is populated with Dakota County fiber to support traffic lights, and the other is empty. HBC is starting a city-wide installation of fiber optic lines to offer telecommunication services to businesses and residents starting in 2023 and has asked if we would be willing to lease the empty conduit to them to help save on costs for construction and offer highspeed fiber internet services to our community on the east side of the railroad tracks. This stretch of conduit runs from 1st Street to 3rd Street along Elm Street running under the railroad crossing. Permitting to go underneath a railroad crossing is costly and can take several months to gain approval. By agreeing to this lease, HBC can pull 288 strands of fiber across to feed the east side of Farmington using a City-owned 1 1/2-inch conduit. This will allow HBC to provide an expedited timetable for fiber installation for neighborhoods identified in their 2023 construction. The term of this lease would be for 20 years; HBC would have sole use of this conduit, but not the hand holes. HBC will divert the conduit on each end of the run into their own installed hand holes. The middle hand hole just east of the railroad crossing, HBC will use as a passthrough. If Farmington ever has a need to run fiber along Elm Street, we can repopulate the other conduit housing Dakota County fiber using a higher strand count. In exchange, HBC will provide the City of Farmington with 2 logins to their cable television streaming app for up to 20 consecutive devices to be distributed between City facilities and 12 basic analog phone lines. These services will replace existing cable TV and phone boxes the City currently pays for via Charter Communications and Frontier, saving the City up to $6,000 per year in subscription costs. City Staff verified with the Dakota County Right-Of-Way Manager that the City has the right to lease this conduit. It was installed during the 2007 Elm Street Reconstructio n project and, since the installation was in the CSAH 50 right of way, no railroad permit was required. City Staff worked with Page 118 of 185 our City Attorney to draft this lease agreement for the Elm Street conduit. HBC reviewed and is comfortable with the language proposed. BUDGET IMPACT: Not applicable ACTION REQUESTED: City Staff recommends that the City Council approve the attached lease granting Hiawatha Broadband Communications access to City-owned conduit running under the railroad crossing between 1st Street and 3rd Street along Elm Street. ATTACHMENTS: Farmington Elm Street License Agreement Page 2 of 15 Page 119 of 185 1 225810v1 LICENSE AGREEMENT THIS LICENSE AGREEMENT (“Agreement”) is made as of the ____ day of ______________, 2023 by and between the CITY OF FARMINGTON, a municipal corporation under the laws of the State of Minnesota, (“City”), and HIAWATHA BROADBAND COMMUNICATIONS, INC., a Minnesota limited liability corporation (“Licensee”). RECITALS: WHEREAS, the City has constructed a network of fiber conduits throughout portions of the City of Farmington as shown on Exhibit A attached hereto and made a part hereof by reference (“Elm Street Conduit”); and WHEREAS, Licensee requires access to such conduits in order to provide wireless telecommunication services to third parties; and WHEREAS, the City requires such telecommunication services to aid city business; and WHEREAS, the City is willing, subject to the terms, covenants, and conditions set forth in this Agreement, to grant to Licensee a license for the operation and use of the Elm Street Conduit to Licensee, and Licensee desires such license subject to the terms, covenants, and conditions of this Agreement. NOW THEREFORE, in consideration of the foregoing, and of the promises and covenants contained in this Agreement, the parties agree as follows: 1. SCOPE OF LICENSE. The City hereby grants to Licensee on an exclusive basis the right to use the Elm Street Conduit, sections A and B, and vault 2 as a straight pass through but not vaults 1 and 3, described in Exhibit A attached hereto and made a part hereof by reference, as the same may be amended from time to time according to the terms of this Agreement (the “Licensed Facilities”). This license agreement authorizes Licensee to use the Licensed Facilities in accordance with the terms of this Agreement to provide fiber service. No additional conduits or vaults may be used by the Licensee except by separate license agreement or amendment to this Agreement. 2. EFFECTIVE DATE AND TERM. This Agreement shall become effective as of the date that the City executes this Agreement (“Commencement Date”) and shall remain in effect unless and until terminated in accordance with the termination provisions of this Agreement. The term of this Agreement (“Term”) shall be for a period of twenty (20) years from and after the Commencement Date unless terminated earlier according to the terms of this Agreement. The Licensed Facilities, identified in Exhibit A, may be changed from time to time in writing signed by the City and Licensee. 21st April Page 3 of 15 Page 120 of 185 2 225810v1 3.SERVICES PROVIDED TO CITY. As a part of this License Agreement, Licensee shall also provide the services listed in this section during the Term of this Agreement. (a)2 Flight Video application logins, allowing concurrent viewing on up to 20 devices total. Licensee must provide the login information to either the City Administrator of Farmington or the current IT Director upon request. (b)12 basic analog phone lines. Such phone lines shall be allocated between multiple City properties, per City’s discretion. 4.USE OF LICENSED FACILITIES; ACCESS. Licensee shall not use the Licensed Facilities in violation of this Agreement, any applicable law, rule, regulation, or order of any governmental authority having jurisdiction, or any franchise, license, agreement, or certificate related to the Elm Street Conduit, unless the validity thereof is being contested in good faith and by appropriate proceedings (but only so long as such proceedings and Licensee's use of the Licensed Facilities does not, in City's reasonable opinion, involve any risk of the forfeiture, or loss of the Elm Street Conduit or the loss of any other part of the City’s fiber network or any interest therein). Licensee shall have the right to interconnect the Licensed Facilities to Licensee's network at vaults installed by Licensee and such other points as are technically feasible and which are approved by the City in its reasonable discretion. Upon Licensee's request, City shall consult with Licensee regarding the location of the interconnection points with City. 5.PERFORMANCE AND MAINTENANCE. City shall maintain the Licensed Facilities. Inspection and maintenance of the Licensed Facilities will be conducted by City or its subcontractors upon the request of Licensee unless prior arrangements have been made between City and Licensee. The Licensee shall be responsible for all cost of the City relating to the inspection and maintenance of the Licensed Facilities requested by the Licensee and the Licensee shall pay the City for said cost within thirty (30) days of the City invoicing the Licensee. Licensee shall be solely responsible for inspection and maintenance of their fiber and equipment in the Licensed Facilities. 6.OWNERSHIP AND TITLE. All ownership, rights, title, and interest in all the Licensed Facilities provided by City hereunder shall at all times remain exclusively with the City. All right, title and interest in the Licensee’s personal property, equipment, vaults, fixtures (“Licensee's Equipment”) shall at all times remain exclusively that of the Licensee. 7.LIENS AND ENCUMBRANCES. Neither party, directly or indirectly, shall create or impose any lien on the property of the other or on the rights or title relating thereto or any interest therein or in this Agreement. 8.REPRESENTATIONS AND COVENANTS REGARDING AUTHORIZATIONS. Page 4 of 15 Page 121 of 185 3 225810v1 (a)Licensee hereby represents, warrants, and covenants to City as follows: (i)Licensee is duly organized, validly existing and in good standing under the laws of the State of Minnesota and has full power and authority to execute, deliver, and perform the terms of this Agreement. (ii)Licensee has or will use its best commercial efforts to obtain and maintain all rights, licenses, governmental regulatory approvals, authorizations, rights-of-way, and other agreements and permissions necessary for the use of the Licensed Facilities, or Licensee's Equipment, as well as any other such rights, licenses, authorizations, rights-of-way, and other agreements, easements, or permissions necessary for the installation and use of the Licensed Facilities. Licensee shall be solely liable for all costs related thereto. (iii)Licensee covenants that its use of the Licensed Facilities shall at all times be in compliance with law and that Licensee has received and is in compliance with all regulatory authorizations. (iv)Licensee shall be responsible for and shall pay all taxes or fees imposed by any other governmental agency or authority as a result of Licensee’s operation or use of the Licensed Facilities pursuant to this Agreement. With respect to any additional authorization required of Licensee to install or operate the Licensed Facilities, Licensee shall, at its own expense, obtain all municipal street rights and/or property leases that may be required for the operation of the Licensed Facilities thereof by Licensee. (b)City hereby represents, warrants, and covenants to Licensee as follows: (i)City is duly organized and validly existing under the laws of its State of Minnesota and has full power and authority to execute, deliver, and perform the terms of this Agreement. (ii)City has obtained and will maintain all rights, licenses, governmental regulatory approvals, authorizations, rights-of-way, and other agreements, and permissions necessary for the use of the Licensed Facilities including such rights, licenses, authorizations, rights-of-way, and other agreements, easements, or permissions necessary for the installation and use of the Licensed Facilities. City shall be solely liable for all costs related thereto. 9.COMPLIANCE WITH LAW. Each party shall perform its respective rights and obligations hereunder in accordance with all applicable laws, rules, and regulations imposed by any governmental authority. Page 5 of 15 Page 122 of 185 4 225810v1 10. ACCESS TO THE LICENSED FACILITIES. The City shall provide Licensee with access to the Licensed Facilities upon the execution of this Agreement by the City and the Licensee. 11. RELOCATION OF THE LICENSED FACILITIES. City may elect or be required to relocate the Licensed Facilities. The City shall be solely responsible for all costs incurred to relocate the Licensed Facilities except for the cost related to the Licensee relocating its Licensee Equipment. For any other relocation of Licensed Facilities, City, and Licensee shall equally split the costs of relocation. City will use commercially reasonable efforts to affect any relocation in a manner that will not cause any material interruption to Licensee's use of the Licensed Facilities. 12. CONDEMNATION AND CASUALTY. (a) Condemnation. If all or any portion of the Licensed Facilities are taken for any public or quasi-public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain, the City and the Licensee shall be entitled to terminate this Agreement with respect to the Licensed Facilities affected, or if such condemnation materially affects the intended purpose of the Licensed Facilities, then Licensee may terminate the Agreement in its entirety. In such event, both parties shall be entitled to participate in any condemnation proceedings to seek to obtain compensation by separate awards for the economic value of their respective interests in the Licensed Facilities. (b) Casualty. If all or any portion of the Licensed Facilities are made inoperable and beyond feasible repair due to a casualty or other Force Majeure Event (as that term is defined below), Licensee shall be entitled to terminate this Agreement with respect to the applicable Licensed Facilities affected by such casualty or other event. In such event, both parties shall be entitled to seek to recover the economic value of their respective interests in the Licensed Facilities (i) under any insurance policy carried by either party or any third party, or (ii) in either joint or separate actions, from any third party that may be legally responsible for causing such casualty. 13. GOVERNMENT DATA PRACTICES. The parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by each party under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by any party under this Agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by any party. If any party received a request to release data referred to in this clause that was received by the party receiving the request from another party, the party receiving the request to release the data must immediately notify the party from whom the data originated. The originating party will give the party receiving the request to release the data instructions concerning the release of the data to the requesting party before the data is released. Page 6 of 15 Page 123 of 185 5 225810v1 14.LIABILITY AND INSURANCE. (a)Indemnification by Licensee. Licensee agrees to defend, indemnify, and hold harmless the City and its elected officials, officers, employees, agents, contractors, and representatives, from and against any and all claims, costs, loses, expenses, demands, actions, or causes of action, including reasonable attorneys’ fees, and other costs and expenses of litigation (collectively “Damages”), that may be asserted against or incurred by the City or for which the City may be liable in the performance of this Agreement, except those that solely arise from the gross negligence, or willful misconduct of the City, or its respective employees, agents, or contractors. Licensee shall further defend and indemnify all claims arising out of the installation, operation, use, maintenance, repair, or removal of the Licensed Facilities as may be required by this Agreement. (b)Indemnification by City. City will indemnify and hold harmless Licensee and Licensee’s affiliates, officers, directors, employees, stockholders, partners, and agents of Licensee from and against any and all Damages arising from any and all claims relating to or arising out of any breach on the part of City of any obligation or covenants under this Agreement, or the gross negligence or willful misconduct of City, its employees, agents, and contractors; provided, however, that nothing herein shall be deemed a waiver by the City of the limitations on liability set forth in Minn. Stat. ch. 466; and the City will not be obligated to indemnify Licensee for any amounts in excess of the limits set forth in Minn. Stat. Section 466.04, less any amount the City is required to pay on behalf of itself, its officers, agents, or employees for Damages arising out of the same occurrence. (c)Notwithstanding anything to the contrary in this Agreement, in no event will City be liable to Licensee for punitive, indirect, incidental, special, or consequential damages, including, without limitation, loss of profits, income, or business opportunities. (d)Insurance. Licensee shall secure and maintain at all times throughout the life of the Agreement such insurance as will protect Licensee from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of this Agreement. Before commencing work Licensee shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. The City shall be named as an additional insured on the general liability and umbrella policies. The Certificate(s) shall also provide the coverage may not be cancelled, non- renewed, or reduced without thirty (30) days prior written notice to the City. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence/$2,000,000 aggr. Page 7 of 15 Page 124 of 185 6 225810v1 Umbrella Liability $1,000,000 each occurrence/aggr. Worker’s Compensation $500,000 15. EVENTS OF DEFAULT. Each of the following events shall constitute an event of default (whether any such event shall be voluntary or involuntary or occur by operation of law or pursuant to any judgment, decree, order, rule, or regulation of any court or administrative or governmental body): (a) If either party fails to observe or performs its obligations under this Agreement and does not cure such failure within thirty (30) days from its receipt of written notice of breach without, however, limiting any other rights available to the parties pursuant to any other provision of this Agreement. If the default may not be reasonably cured within such thirty (30) day period, either party may request the other party to grant an extension of the time to cure not to exceed ninety (90) days, consent to such extension not to be unreasonably withheld. (b) Except as expressly limited hereby, the City and the Licensee shall have such remedies for the default of the other party hereto as may be provided at law or equity following written notice of such default and failure to cure the same within the applicable time allowed to cure under the terms of this Agreement. (c) The failure of Licensee to carry and maintain insurance in compliance with all provisions of this Agreement. (d) The Licensee shall cease to have any of the licenses, agreement, certificates, concessions, permits, rights or privileges required for the conduct of its business and operations which loss is not remedied by the obtaining of a replacement license, agreement, certificate, concession, permit, right, or privilege within sixty (60) days of the loss thereof, if such loss would have a material adverse effect upon the ability of the Licensee to perform its obligations or enjoy its rights hereunder. (e) Unless otherwise provided herein, a party shall be in default if (i) a petition under any of the bankruptcy laws is filed by or against such party; (ii) such party becomes insolvent; (iii) such party discontinues or abandons the operation of the Leased Facilities, as applicable; (iv) such party breaches any material term or provision of this Agreement; (v) such party makes a general assignment for the benefit of creditors; or (vi) a receiver, whether temporary or permanent, is appointed for the property of such party or any part thereof. 16. RIGHTS UPON DEFAULT. (a) Upon the occurrence of a default by Licensee, the City may forthwith terminate this Agreement by thirty (30) days written notice to Licensee. Page 8 of 15 Page 125 of 185 7 225810v1 (b) Upon the occurrence of a default by the City, Licensee shall be entitled to terminate this Agreement by written notice to the City. Unless otherwise explicitly set forth in this License, this shall constitute Licensee's sole remedy for the City's default. (c) The right of either party to terminate this License Agreement shall be in addition to, and not in substitution for, any other rights that a party may have as a result of a default by the other party. In the exercise of its right of termination as herein provided, the non-defaulting party may, at its option, elect to terminate this Agreement to which the defaulting party may be in default of its obligations under this Agreement. 17. REMEDIES. Upon the occurrence and during the continuance of any event of default, the non-defaulting party may, at its option, declare this Agreement to be in default and may, in addition to any other remedies provided herein, terminate this Agreement. No remedy is intended to be exclusive, but each shall be cumulative and in addition to and may be exercised concurrently with any other remedy available to City or Licensee at law or in equity. 18. TERMINATION. (a) Except as otherwise provided herein, this Agreement may be terminated, without penalty or further liability, by either party upon thirty (30) days’ written notice to the other party of a default as defined herein (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof). (b) By the City upon ninety (90) days written notice if the City reasonably determines that Licensee has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, after a public hearing before the City Council. (c) Notice of Termination. The parties shall give notice of termination of this Agreement in accordance with Section 25(f) of this Agreement. (d) Removal of Licensee's Equipment. Upon termination of this Agreement for any reason, Licensee shall, within ninety (90) days of notice by the City to the Licensee as hereinafter provided, remove all of Licensee's Equipment. City agrees and acknowledges that all of Licensee’s Equipment shall remain the personal property of Licensee. If Licensee fails to remove its property within the required time period, City reserves the right to remove Licensee’s Equipment and charge Licensee for the full cost of the removal and storage charges. 19. FORCE MAJEURE EVENTS. Neither party shall be liable to the other for any failure of performance under this Agreement due to causes beyond its control, including Page 9 of 15 Page 126 of 185 8 225810v1 but not limited to: acts of God, fire, flood, or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over such party, or of any department, agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrections; riots; wars; or strikes, lock outs, work stoppages, or other labor difficulties (collectively, "FORCE MAJEURE EVENTS"). 20. RIGHTS AND OBLIGATIONS OF LICENSEE. In addition to the rights and obligations of Licensee set forth elsewhere in this Agreement, Licensee shall: (a) have full and complete control, responsibility, and liability for the signals distributed over the fiber optic components of the Licensed Facilities; (b) have full and complete control, responsibility, and liability for the purchase, installation, construction, maintenance, and removal of the Licensee's Equipment; (c) have full and complete control, responsibility, and liability for operating and maintaining any operating authority from any federal, state, or local governmental body or agency that relates to the activities of Licensee under this Agreement, including Licensee's license of channel capacity on the Licensed Facilities. 21. ACCESS AND SECURITY. (a) Licensee and Licensee's designee shall have the right to visit any facilities of the City over, under, on, or upon or in which the Licensed Facilities are located, upon reasonable prior oral or written notice to the City (considered to be 5 business days’ notice for a non-service affecting request and eight (8) hours or less notice for a service-affecting request) provided that the City may require that a representative of the City accompany any representative of Licensee or of any Licensee designee making a visit. Such visitation right shall include the right to inspect the Licensed Facilities and to review performance or service data, and other documents used in conjunction with this License. Employees and agents of Licensee or of a Licensee designee shall, while on the premises of the City, comply with all rules and regulations including, without limitation, security/safety requirements and, where required by government regulations, receipt of satisfactory governmental clearances. The City shall have the right to notify Licensee that certain Licensee designees are excluded if, in the reasonable judgment of the City, the exclusion of such designees is necessary for the proper security and maintenance of the City's facilities. (b) The City agrees to allow Licensee direct ingress and egress to Licensed Facilities at such times as may be required for Licensee to perform any appropriate installation, testing, maintenance, and repair. The City may require Page 10 of 15 Page 127 of 185 9 225810v1 that a representative of the City accompany any representatives of Licensee on such visits. Employees and agents of Licensee or of a Licensee designee shall, while on the premises of the City, comply with all rules and regulations including, without limitation, security/safety requirements. The City shall have the right to notify Licensee that certain Licensee designees are excluded if, in the reasonable judgment of the City, the exclusion of such designees is necessary for the proper security and maintenance of the City's facilities. (c) Notwithstanding the provisions of this Section, each party acknowledges that the operational efficiency of the other depends on the continuous availability of its trained personnel and, accordingly, both parties will act cooperatively to resolve any situations which may arise that threaten the security, operations, or maintenance of either party's facilities prior to excluding any personnel. 22. ASSIGNMENT. Licensee may not assign, transfer, delegate, or in any other manner dispose of, any of its rights, privileges, or obligations under this Agreement without the express written consent of City. 23. DISPUTE RESOLUTION PROCEDURES. (a) The City and Licensee shall attempt in good faith to resolve any disputes that may arise under this Agreement. In the event that the City and Licensee are unable to resolve any such dispute within thirty (30) days of the date on which the dispute arises, then either party may submit to the other notice (the "Mediation Notice") that the parties shall mediate such dispute pursuant to this Section. Within ten (10) business days after a written request by either party, the parties shall agree in good faith upon a mediator. The disputing parties shall attempt in good faith to resolve their dispute in accordance with the procedures and timetable established by the mediator. If a resolution of the dispute is not reached by the 30th day after the appointment of the mediator, or such later date as may be agreed to by the parties, the mediator shall promptly provide the disputing parties with a written, confidential, non-binding recommendation on resolution of the dispute, including the mediator's assessment of the merits of the principal positions being advanced by each of the disputing parties. At a time and place specified by the mediator after delivery of the foregoing recommendation, the disputing parties shall meet in a good faith attempt to resolve the dispute in light of the mediator's recommendation. Each disputing party may, but is not required to be represented at the meeting by a person with authority to settle the dispute. If the disputing parties are unable to resolve the dispute at or in connection with the meeting, then: (1) any disputing party may commence such judicial proceedings as may be appropriate; and (2) the recommendation of the mediator shall have no further force or effect, and shall not be admissible for any purpose, in any subsequent judicial proceeding. The costs of the time, expenses, and other charges of the mediator and of the mediation process shall be borne by the parties to the dispute, with each side in a mediated matter bearing one-half of such costs. Each party shall bear its own Page 11 of 15 Page 128 of 185 10 225810v1 costs and attorneys' fees incurred in connection with any mediation under this Agreement. (b) Unless otherwise agreed in writing or prohibited by applicable law, the parties shall continue to provide service, honor all other commitments under this Agreement, and continue to make payments in accordance with this Agreement during the course of any dispute resolution and during the pendency of any action at law or in equity relating hereto. 24. FORUM FOR MEDIATION OR LITIGATION. It is agreed that the venue for any such mediation or litigation shall be in Dakota County, Minnesota. Any cause of action arising by virtue of the laws of the United States shall be instituted in a court of competent jurisdiction in the State of Minnesota. 25. MISCELLANEOUS. (a) Counterparts. This Agreement may be executed in counterparts each of which shall be deemed an original and all of which together shall constitute one and the same instrument, and in pleading or proving any provision of this Agreement, it shall not be necessary to produce more than one complete set of such counterparts. (b) Captions; Gender. Article and section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. Whenever used herein the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. (c) Governing Law and Binding Effect. This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of the State of Minnesota. This Agreement shall bind and inure to the benefit of each of the parties and their successors and permitted assigns. (d) Waivers and Amendments. This Agreement may not be amended nor shall any waiver, change, modification, consent, or discharge be effected, except by an instrument in writing adopted, in the case of an amendment, by each party and, in the case of a waiver, consent, or discharge, by the party against whom enforcement of such instrument is sought. Any consent by either party to, or waiver of, a breach by the other party shall not constitute a waiver or consent to any subsequent or different breach. If either party shall fail to enforce a breach of this Agreement by the other party, such failure to enforce shall not be considered a consent to or a waiver of said breach or any subsequent breach for any purpose whatsoever. Page 12 of 15 Page 129 of 185 11 225810v1 (e) Relationship Not a Partnership or an Agency. The relationship between Licensee and City shall not be that of partners or agents for one another and nothing contained in this Agreement shall be deemed to constitute a partnership, joint venture or agency agreement between them., (f) Notices. All notices, requests, demands, statements, reports, and other communications under this Agreement shall be in writing and deemed to be duly delivered, if delivered in person, by overnight courier or by certified or registered mail: CITY: City of Farmington Attn: City Administrator 430 3rd Street Farmington, MN 55024 LISCENEE: Hiawatha Broadband Communications Attn: Vice President, Finance 58 Johnson Street Winona, MN 55987 Either party hereto may change its mailing address by giving notice to the other pursuant to the provisions of this paragraph. (g) Disclaimers. There are no agreements, warranties, or representations, express or implied either in fact or by operation of law, statutory or otherwise, including warranties of merchantability and fitness for a particular purpose or use, except those expressly set forth herein. (h) Entire Agreement. This Agreement, including the exhibits hereto, which are hereby incorporated by reference and made a part of this Agreement as if they were fully set forth herein, constitutes the entire agreement between City and Licensee with respect to the subject matter hereof and supersedes all prior agreements and understandings between them as to such subject matter, and there are no restrictions, agreements, arrangements, or undertaking, oral or written, between City and Licensee relating to the transactions contemplated hereby which are not fully expressed or referred to herein. (i) Severability. If any term or other provision of this Agreement is invalid, illegal, or incapable of being enforced by any rule or law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner adverse to either party. Upon such determination that any term or other provision is invalid, illegal, or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely Page 13 of 15 Page 130 of 185 12 225810v1 as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the greatest extent possible. IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed this Agreement on the dates indicated below. CITY OF FARMINGTON Date: __________________________ By: ________________________________ Joshua Hoyt, Mayor Date: __________________________ And: _______________________________ Lynn Gorski, City Administrator HIAWATHA BROADBAND COMPANY Date: __________________________ By: ________________________________ By: _____________ Its: ______________ 4/21/2023 Jim Kronebusch VP of Technology & Engineering Page 14 of 15 Page 131 of 185 225810v1 EXHIBIT A to LICENSE AGREEMENT Elm Street Conduit: Conduit for use by Licensee Pa g e 1 5 o f 1 5 Pa g e 1 3 2 o f 1 8 5 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Approve Agreement with Wayzata Results for Race Result Timing Services Meeting: Regular Council - May 01 2023 INTRODUCTION: The 43rd Annual Dew Run is scheduled for Saturday, June 17, 2023. DISCUSSION: The Dew Run includes 1 Mile, 4 Mile, and ½ Mile Jr. Jog races. Wayzata Results will be providing race result timing services for the 1 Mile and 4 Mile races. The services include timing, results, generic bibs, display clock, and chips. The agreement is attached. Wayzata Results has successfully provided race result timing services for the Dew Run in the past and are great to work with. Both the City Attorney and City Insurance Agent reviewed the attached agreement and found it to be acceptable. BUDGET IMPACT: The cost for the services: Wayzata Results will be providing is $600 plus $2 per entry and $0.60 per mile for travel. The cost for race result timing services will be funded through the Parks and Recreation buoperational approved Department the in monies services contractual dget for Recreation Program Services budget. ACTION REQUESTED: Approve the attached agreement with Wayzata Results for race result timing services for the 43rd Annual Dew Run on June 17, 2023. ATTACHMENTS: Wayzata Results Agreement Page 133 of 185 1998 Schoolmaster Dr Chaska, MN 55318 612-849-0713 www.wayzataresults.com Service Contract – Road Races For: City of Farmington 431 3 Third Street Farmington, MN 55024 Date of Service: 6/17/2023 Venue: Event Name: Dew Run Event Type: Road Race Timing Option: Chip Timing Services Included: Timing, Results, Generic Bibs, Display Clock, Chips Customer Responsibilities: Payment Terms: Within 35 days of Invoice Received Deposit Required: $0 Hotel: N/A Travel: $0.60 per mile Price(s) (estimate): Bib Chips (Do not need to be returned): $600 + $2/entry Finish mat only This contract between the customer listed above and Wayzata Results, Inc. agree to the following service package detailed on the second page, including responsibilities of both the customer and Wayzata Results, Inc.. PLEASE SIGN AND EMAIL (or mail) THIS AGREEMENT TO WAYZATA RESULTS, INC. AS SOON AS POSSIBLE. WHEN WE RECEIVE THIS AGREEMENT, IT OFFICIALLY ENTERS YOUR MEET INTO OUR SERVICE CALENDAR. THANK YOU! Page 2 of 5 Page 134 of 185 x Josh Gerber x Josh Gerber Joshua Hoyt, Mayor Owner/Event Operations Director X Lynn Gorski, City Administrator Page 3 of 5 Page 135 of 185 Service Agreement This Service Agreement (“Agreement”) is dated as of date listed on the first page of this agreement, by and between the customer detailed on the first page (“Customer”) and Wayzata Results, Inc.. (“Provider”). The Parties agree as follows: 1. SERVICES:  The Provider will perform the services indicated on the first page of this document.  Generic Bibs: Generic bibs (if agreed upon & listed in the services above) are bibs that may have other logos and events on them. We will however, try to limit the use of other event bibs for use with your event. We will use (in order) bibs with Athletic.net logos first, RoadId (or other non-event specific bibs), Cross Country Event bibs, other road race bibs (last resort)  We will make every effort to use only generic Athletic.net bibs or RoadId bibs. 2. TIME OF COMPLETION:  The services described above shall be completed in a timely manner on the date of the event. Any post-event services will be completed in a timely manner consistent with the abilities of the Provider to perform those services. 3. PAYMENT/FEES:  The Customer shall pay the Provider for the services to be performed under the Agreement the sum listed on the first page of this document.  There is a $300 non-refundable fee for holding the date – see deposit required field  Once the registration deadline or after teams have started registering for your event, or if the meet is already seeded there is a 50% charge (or the $300 holding fee – whichever is greater).  If the event is canceled after we leave for the event there is 75% charge plus mileage (or the $300 holding fee plus mileage – whichever is greater).  If the event is canceled once we arrive on site there is 100% charge.  Payments must be received within 35 days of completion of the event in full. If payment is not made within 35 days, there will be a 1.5% accrued per month the payment is delinquent. 4. GENERAL PROVISIONS:  All work shall be completed in a workmanship like manner, and if applicable, in compliance with all building codes and other applicable laws.  To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to perform the work.  Provider warrants that it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of Provider or its employees. Including the following minimum coverages: • Workers’ Compensation as required by statute. • Commercial General Liability $1,000,000 property damage and bodily injury per occurrence $1,000,000 general aggregate  Provider shall not be liable for any delay due to circumstance beyon d its control.  The full balance of the agreement will be paid if the event is canceled after the Provider arrives at the event.  If the event is postponed or the date is changed from that listed on the first page of this agreement, the Provider will make every attempt to accommodate the new date.  Provider is not to be held liable for inability to perform services based on the Customer’s failure to meet necessary conditions stated in the service responsibilities detailed on the first page of this agreement. Page 4 of 5 Page 136 of 185  Any changes to this document must be set forth in writing by both Customer and Provider. The entire agreement of the parties is contained herein.  Customer is responsible for any dama ge to equipment due to participants, officials, coaches, spectators, et all.  Customer is NOT responsible for damage due by acts of God (example: weather).  Provider shall comply with Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data created, collected, received, stored, used, maintained , or disseminated by the Provider pursuant to this Agreement. In the event Provider receives a request t o release data, Provider must immediately notify City. City will give Provider instructions concerning the release of the data to the requesting party before the data is released. The terms of this paragr aph shall survive the cancellation or termination of this Agreement.  Claims for services furnished by the Provider not specifically provided herein shall not be honored by the Customer. Page 5 of 5 Page 137 of 185 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Jim Constantineau, Deputy Police Chief Department: Police Subject: Approve the Dakota County Drug Task Force Joint Powers Agreement Meeting: Regular Council - May 01 2023 INTRODUCTION: criminal conduct to effort coordinated a participates Department Police Farmington The in investigation of drug crimes through a group known as the Dakota County Drug Task Force (DCDTF). An existing joint powers agreement (JPA) authorizes our participation. That existing JPA is expiring and in need of renewal. The updated JPA is attached for your review. DISCUSSION: The existing JPA is scheduled to expire on December 31, 2023. The JPA has an expiration date allowing the participating units of government a periodic opportunity to revise or modify the agreement as needed. The DTF Administrative Board has spent the last several months going over the JPA. The only notable change were in the area of DTF Commander salary reimbursement (section 9.1). The proposed agreement has been reviewed by the Deputy Chief and the Detective Sergeant and has been recommended for approval. BUDGET IMPACT: Historically, the DCDTF has been supported with grant funding, forfeitures and restitution, but recently those have not been enough to cover the cost of the task force. The cost for the Farmington Police Department to participate in the DCDTF for 2024 is $4,129. This will be included in the 2024 budget. ACTION REQUESTED: Approve the attached Dakota County Drug Task Force Joint Powers Agreement. ATTACHMENTS: DCDTF JPA 2023-2027 Page 138 of 185 DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE 1 2022-2027 JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes §471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the Dakota County Drug Task Force (“Task Force”). 2. General Purpose. The purpose of this Agreement is to establish a multijurisdictional organization to coordinate efforts towards the investigation and prosecution of drug offenses, gang activity, violent crimes, and to provide investigative support as requested by other law enforcement agencies. 3. Members. The members of this Agreement shall consist of the following units of government: City of Apple Valley City of Lakeville City of Burnsville City of Mendota Heights City of Eagan City of Rosemount City of Farmington City of Savage City of Hastings City of South St. Paul City of West St. Paul Dakota County 4. Administrative Board. 4.1 Creation and Composition. A joint powers board, known as the Drug Task Force Administrative Board, is established for the purposes contained herein with the powers and duties set forth in this Agreement. The Board shall consist of one member from each of the member units of government, appointed by their respective police chief or sheriff, plus one member appointed by the Dakota County Attorney. Board members appointed by police chiefs and the sheriff must be full-time supervisory peace officers of their jurisdiction or office. Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 4.2 Term. Board members shall serve at the pleasure of their respective police chief, sheriff or county attorney, or their legal successor. In the event that any Board member shall be removed by the appointing agency, the vacancy shall be filled by the appropriate appointing agency. 4.3 Officers. In January of each year, the Board shall elect from its members a chair, a vice-chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. Officers shall serve for a term of one (1) year or until the officer ceases to be a board member, whichever is shorter. 4.4 Meetings. The Board shall have regular and special meetings at such times and places as the Board shall determine. Special meetings may be held on three (3) days' notice by the chair or any two (2) board members; except that a special meeting to consider adoption of or amendments to the Board's operating rules pursuant to paragraph 6.1 shall require ten (10) days' notice. The presence of two-thirds (2/3) of the board members at a meeting shall constitute a quorum. 4.5 Voting. Each Board member shall be entitled to one vote. Proxy voting is not permitted. The Board shall function by a majority vote of the board members present. Page 2 of 20 Page 139 of 185 DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE 2 2022-2027 JOINT POWERS AGREEMENT 5. Duties of the Administrative Board. 5.1 The Board shall formulate a program to carry out its purpose. 5.2 The Board shall coordinate intelligence between the members and the Task Force. 5.3 The Board shall appoint and supervise the Task Force Commander. The Board may appoint and supervise Team Leaders. All such appointments are subject to the concurrence of the Task Force Commander's police chief or sheriff. 5.4 The Board shall cause to be made an annual independent audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the interests of the Task Force. 5.5 The Task Force's books, reports and records shall be open to inspection by its members at all reasonable times. 6. Powers of the Administrative Board. 6.1 The Board may adopt and amend such bylaws that it may deem necessary or desirable for the conduct of the business of the Board. Such bylaws shall be consistent with the terms of this Agreement and any applicable laws or regulations. 6.2 The Board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties and enforce such contracts to the extent available in equity or at law. The Board may authorize the chair of the Board to execute those contracts. 6.3 The Board may disburse funds in a manner which is consistent with this Agreement and with the method provided by law for the disbursement of funds by the parties to this Agreement. 6.4 The Board may apply for and accept gifts, grants or loans of money or other property or assistance from- the United States Government, the State of Minnesota, or any person, association or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money, property or assistance in accordance with the terms of the gift, grant or loan relating thereto. 6.5 The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 6.6 The Board may contract with any of its members to take title to, hold, manage and convey real property obtained by the Board and on its behalf as a result of civil asset forfeiture proceedings; to enter into contracts regarding such real property; and to pay reasonable and necessary expenses related to the hold, managing and conveyance of such real property. The member shall be entitled to reimbursement for such expenses upon sale of the property and shall transmit any net proceeds to the Board. If expenses exceed the sale of proceeds, the Board shall reimburse the member from other funds. Page 3 of 20 Page 140 of 185 DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE 3 2022-2027 JOINT POWERS AGREEMENT 6.7 The Board shall obtain liability insurance to indemnify the Board and its members for actions of the Board and the members of this Agreement arising out of this Agreement. 6.8 The Board may hold such property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement make distribution of such property as provided for in this Agreement. 6.9 The Board may recommend changes in this Agreement to its members. 7. Budgeting and Funding. 7.1 The members intend to fund the cost of operation of the Task Force from grant funds and matching funds from member cities and Dakota County, from the proceeds of forfeiture actions, and from restitution. It is the members' intention that matching funds shall fund the continued cost of maintaining the replacement officers for the full-time officer assigned by some members to the Task Force. 7.2 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. 7.3 The Board may contract with any of its members to provide budgeting and accounting services necessary or convenient for the Board. Such services shall include, but not be limited to: management of all funds, including member contributions and grant monies; forfeiture proceeds; payment for contracted services; and relevant bookkeeping and recordkeeping. No payment on any invoice for services performed by any person providing services in connection with this Agreement shall be authorized unless approved by the chair, vice-chair or secretary/treasurer. 7.4 The members agree to contribute their grant funds and required matching funds to operate the Task Force. 7.5 All funds shall be accounted for according to generally accepted accounting principles. The Secretary/Treasurer shall make a monthly financial report of all expenditures and receipts, and current fund balances to the Board. 7.6 The Board may not incur debts. 7.7 The Board's obligation to reimburse members for any expense, furnish equipment and the like is contingent upon the receipt of grant funds for that purpose. If insufficient grant funds are received, the Board may reduce the level of reimbursement and/or reduce other expenditures. 8. Agent. 8.1 Each member shall inform the Board in December of each year the allocated number of experienced, full-time licensed peace officer(s) to serve as Agents for the Task Force for the proceeding calendar year. The maximum number of licensed peace officers each member may assign to the Task Force, with the exception of the Dakota County Sheriff is two members. The maximum number of licensed peace officers the Dakota County Sheriff may assign to the Task Force is five. The number of licensed peace officer(s) per member allowed to serve as Agents for the Task Force must be approved in advance by the Board. 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be compensated by that member. Each party to this Page 4 of 20 Page 141 of 185 DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE 4 2022-2027 JOINT POWERS AGREEMENT Agreement shall be responsible for injuries to or death of its own personnel. Each party to this Agreement waives its right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injury were caused wholly or partially by the negligence of any other party, or its officers, employees or agents. 8.3 Agents will be responsible for drug investigation, gang activity and other violent criminal activity, including intelligence management, case development, case charging, handling and processing of evidence. Agents will also assist other Agents in surveillance and undercover operations. To the extent authorized by law Agents will work cooperatively with assisting agencies, including sharing intelligence and information acquired by agents pursuant to this Agreement. 8.4 Agents will be supervised by the Task Force Commander or, in his/her absence, by the Team Leader assigned by the Task Force Commander to act in his/her behalf. 8.5 The member appointing the Agent shall furnish the Agent a weapon, cellular phone, and a vehicle and pay any lease payments, insurance, maintenance and operating costs of the vehicle. Further, the member appointing the Agent shall pay all expenses associated with tuition, travel, lodging and meals. Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or loss were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 8.6 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent staffing assigned to the Task Force as shown in 8.1. 9. Task Force Commander and Team Leader(s). 9.1 From among the full-time Agents assigned by members, the Board shall appoint a Task Force Commander who shall serve at the Board's pleasure. The Task Force Commander must be a full-time, licensed supervisory peace officer of a member. The Board shall determine the amount of any reimbursement request to a member agency for the Commander’s salary as determined by available funding. The Task Force Commander shall remain an employee of the member that has assigned them to the Task Force. 9.2 The Task Force Commander shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel subject to direction received from the Board. The Task Force Commander is responsible for staffing, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management and intelligence management. The Task Force Commander will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Task Force Commander will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Task Force Commander will be responsible for all buy fund monies and petty cash funds, and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. 9.3 The Task Force Commander may exclude Agents from further Task Force involvement subject to review by the Board. The member agency that assigned the Agent to the Task Force will be immediately notified of the Task Force Commander's actions. 9.4 From the Agents assigned by members, a Team Leader(s) may be appointed by the Board, with the concurrence of the Agent's member agency, and serve at the Board's pleasure. The Team Leader(s) must be a full-time, licensed peace officer of a member and may be paid a supervisor's salary by that Page 5 of 20 Page 142 of 185 DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE 5 2022-2027 JOINT POWERS AGREEMENT member agency. The Board shall determine the amount of any reimbursement request to a member agency for the Team Leader’s salary as determined by available funding. The Team Leader(s) shall remain an employee of the member city or county at all times. 9.5 The duties, responsibilities and authority of the Team Leader(s), while the Task Force Commander is absent, shall be the same as the Task Force Commander as described in paragraph 9.2 herein. If there is more than one Team Leader, the Task Force Commander will assign one Team Leader to act as Task Force Commander while the Task Force Commander is absent. 10. Forfeiture, Seizures and Fines. Items that are seized pursuant to this Agreement shall be used to support Task Force efforts. The use and disbursement of these items must be approved by the Board. In the case of federal forfeiture actions, established federal rules shall be followed. The Board may divide all remaining forfeited items among Task Force members in proportion to the then-assigned Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. Fine and restitution monies ordered paid to the Task Force by court order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Insurance, Indemnification and Hold Harmless. The Board shall purchase general liability insurance for activities of the Task Force. Such insurance shall name each member as an additional insured. By purchasing insurance, the members do not intend to waive, and the Agreement shall not be interpreted to constitute a waiver of, by any member, limitations on liability or immunities provided by any applicable Minnesota law, including Minn. Stat. Chs. 466 and 471. The cost of the general liability insurance shall be paid from funds provided pursuant to paragraph 7 hereunder. The members of this Agreement are not liable for the acts or omissions of the other members of this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other members. The Task Force shall defend and indemnify the members, and their officers, employees, and agents, from and against all claims, damages, losses, and expenses, including attorney fees, arising from Task Force activities or operations, and decisions of the Board. Nothing in this Agreement shall constitute a waiver of the statutory limits or liability set forth in Minnesota Statutes, Chs. 466 and 471, or a waiver of any available immunities or defenses. To the fullest extent permitted by law, action by the members to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the members that they shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, section 471.59, subd. 1a(a), provided further that for purposes of that statute, each member to this Agreement expressly declines responsibility for the acts or omissions of another member. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or agents of any member for any act or omission for which the officer, employee, or agent is guilty of malfeasance in office, willful neglect of duty, or bad faith. Any excess or uninsured liability shall be borne equally by all the members, but this does not include the liability of any individual officer, employee, or agent which arises from his or her own malfeasance, willful neglect of duty, or bad faith. Page 6 of 20 Page 143 of 185 DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE 6 2022-2027 JOINT POWERS AGREEMENT 12. Effective Date. This Agreement shall take full effect upon signature of all parties to the Agreement. All members need not sign the same copy. The signed Agreement shall be filed with the Board’s designated fiscal agent, who shall notify all members in writing of its effective date. 12.1 Termination of Prior Agreement. Upon effectiveness of this Agreement, the Prior Agreement shall terminate and have no further force and effect, and it shall be superseded and replaced in its entirety by this Agreement without any further action by the Parties. 13. Termination and Withdrawal. 13.1 Termination Date. This Agreement shall terminate upon the occurrence of any one of the following events, whichever occurs first: • When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or • When a majority of members agree by resolution to terminate the agreement upon a date certain; or • On December 31, 2027. 13.2 Withdrawal. Any member may withdraw from this Agreement upon 60-days written notice to the Board. The Board shall notify the members pursuant to paragraph 14. Withdrawal shall not act to discharge any liability incurred by the member prior to withdrawal. Such liability shall continue until discharged by law or agreement. In the event of withdrawal by any member, the agreement shall remain in full force and effect as to all remaining members. 13.3 Effect of Termination. Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the then-assigned Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. 14. Notice. Notice of withdrawal shall be provided by first class mail to the following: Apple Valley Chief of Police 7100 147th Street West Apple Valley, MN 55124 Burnsville Chief of Police 100 Civic Center Parkway Burnsville, MN 55337 Eagan Chief of Police 3830 Pilot Knob Road Eagan, MN 55122 Farmington Chief of Police 19500 Municipal Drive Farmington, MN 55024 Page 7 of 20 Page 144 of 185 DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT DAKOTA COUNTY DRUG TASK FORCE 7 2022-2027 JOINT POWERS AGREEMENT Hastings Chief of Police 150 3rd Street East Hastings, MN 55033 Lakeville Chief of Police 9237 183rd Street West Lakeville, MN 55044 Mendota Heights Chief of Police 1101 Victoria Curve Mendota Heights, MN 55118 Rosemount Chief of Police 2875 145th Street West Rosemount, MN 55068 Savage Chief of Police 6000 McColl Drive Savage, MN 55378 South St. Paul Chief of Police 125 3rd Avenue North South St. Paul, MN 55075 West St. Paul Chief of Police 1616 Humboldt Avenue West St. Paul, MN 55118 Dakota County Sheriff Law Enforcement Center 1580 Highway 55 Hastings, MN 55033 15. Multiple Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute §471.59. [Signatures on following pages] Page 8 of 20 Page 145 of 185 DAKOTA COUNTY DRUG TASK FORCE 8 2022-2027 JOINT POWERS AGREEMENT Approved by the City Council CITY OF APPLE VALLEY Dated: By Date of Signature Attest Date of Signature Page 9 of 20 Page 146 of 185 DAKOTA COUNTY DRUG TASK FORCE 9 2022-2027 JOINT POWERS AGREEMENT Approved by the City Council CITY OF BURNSVILLE Dated: By Date of Signature Attest Date of Signature Page 10 of 20 Page 147 of 185 DAKOTA COUNTY DRUG TASK FORCE 10 2022-2027 JOINT POWERS AGREEMENT Approved by the City Council CITY OF EAGAN Dated: By Date of Signature Attest Date of Signature Page 11 of 20 Page 148 of 185 DAKOTA COUNTY DRUG TASK FORCE 11 2022-2027 JOINT POWERS AGREEMENT Approved by the City Council CITY OF FARMINGTON Dated: By Date of Signature Attest Date of Signature Page 12 of 20 Page 149 of 185 DAKOTA COUNTY DRUG TASK FORCE 12 2022-2027 JOINT POWERS AGREEMENT Approved by the City Council CITY OF HASTINGS Dated: By Date of Signature Attest Date of Signature Page 13 of 20 Page 150 of 185 DAKOTA COUNTY DRUG TASK FORCE 13 2022-2027 JOINT POWERS AGREEMENT Approved by the City Council CITY OF LAKEVILLE Dated: By Date of Signature Attest Date of Signature Page 14 of 20 Page 151 of 185 DAKOTA COUNTY DRUG TASK FORCE 14 2022-2027 JOINT POWERS AGREEMENT Approved by the City Council CITY OF MENDOTA HEIGHTS Dated: By Date of Signature Attest Date of Signature Page 15 of 20 Page 152 of 185 DAKOTA COUNTY DRUG TASK FORCE 15 2022-2027 JOINT POWERS AGREEMENT Approved by the City Council CITY OF ROSEMOUNT Dated: By Date of Signature Attest Date of Signature Page 16 of 20 Page 153 of 185 DAKOTA COUNTY DRUG TASK FORCE 16 2022-2027 JOINT POWERS AGREEMENT Approved by the City Council CITY OF SAVAGE Dated: By Date of Signature Attest Date of Signature Page 17 of 20 Page 154 of 185 DAKOTA COUNTY DRUG TASK FORCE 17 2022-2027 JOINT POWERS AGREEMENT Approved by the City Council CITY OF SOUTH ST. PAUL Dated: By Date of Signature Attest Date of Signature Page 18 of 20 Page 155 of 185 DAKOTA COUNTY DRUG TASK FORCE 18 2022-2027 JOINT POWERS AGREEMENT Approved by the City Council CITY OF WEST ST. PAUL Dated: By Date of Signature Attest Date of Signature Page 19 of 20 Page 156 of 185 DAKOTA COUNTY DRUG TASK FORCE 19 2022-2027 JOINT POWERS AGREEMENT Approved by Dakota County Board COUNTY OF DAKOTA Resolution No. 22-569_ By Date of Signature Approved as to form: /s/ Dain L. Olson 11/18/22 Assistant County Attorney/Date Dakota County Attorney's Office Dakota County Judicial Center 1560 Highway 55 Hastings, MN 55033 651-438-4438 County Attorney File No. KS-22-263 DCDTF JPA Page 20 of 20 Page 157 of 185 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Jim Constantineau, Deputy Police Chief Department: Police Subject: Renew Body Camera Contract - Police Meeting: Regular Council - May 01 2023 INTRODUCTION: The Farmington Police Department has utilized Body Worn Cameras (BWCs) from Axon since 2014. The contract with Axon expired at the end of January and we have been working with Axon to come to a new agreement. DISCUSSION: In 2014 the Farmington Police Department entered into an agreement with Axon Enterprises to provide BWCs to our patrol division, being one of the first agencies in the county to do so. That agreement was renewed in 2018 with a 5 -year contract which has recently expired. The new contract will be for another 5 years and will expire in 2028. The new contract provides new, current BWCs at the start of the contract, as well as new cameras half-way through the contract. The cameras are also under warranty t hroughout the term of the contract. In addition, the contract provides unlimited cloud storage of our videos, photos and other pieces of digital evidence on Axon’s platform evidence.com. It should be noted that our squad cameras are also Axon products (under a separate contract) and those videos are stored on evidence.com as well. Both the Dakota County Attorney and the Farmington City Attorney are able to access our videos through this platform, eliminating the need for records staff to make copies of videos on a regular basis. BUDGET IMPACT: The 5-year cost of the contract is $122,846.24, with the first year (2023) allocation of $21,999.96 and subsequent years (2024-2027) of $25,211.57. There is adequate funding in the CIP and Police Department budgets to fund the 2023 portion of the contract; the rest will be budgeted for in future years. ACTION REQUESTED: Approve the signing of the contract with Axon Enterprises to provide BWCs and evidence.com to the Farmington Police Department from 2023-2028. ATTACHMENTS: Axon Contract 2023-2028 Page 158 of 185 Page 2 of 9 Page 159 of 185 Page 1 Q-453806-45041.691KM Q-453806-45041.691KM Issued: 04/25/2023 Quote Expiration: 02/15/2023 Estimated Contract Start Date: 02/01/2023 Account Number: 124556 Payment Terms: N30 Delivery Method: SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Business;Delivery;Invoice-19500 Municipal Dr Farmington Police Dept- MN Lily Dokic Jim Constantineau 19500 Municipal Dr 19500 Municipal Dr Phone: Phone: (651) 280-6702 Farmington, MN 55024-8444 Farmington, MN 55024-8444 Email: lyost@axon.com Email: jconstantineau@farmingtonmn.gov USA USA Fax: Fax: Email: jconstantineau@ci.farmington.mn.us Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $8,754.01 TOTAL COST $122,846.24 ESTIMATED TOTAL W/ TAX $122,846.24 TOTAL SAVINGS $43,770.06 Payment Summary Date Subtotal Tax Total Jan 2023 $21,999.96 $0.00 $21,999.96 Jan 2024 $25,211.57 $0.00 $25,211.57 Jan 2025 $25,211.57 $0.00 $25,211.57 Jan 2026 $25,211.57 $0.00 $25,211.57 Jan 2027 $25,211.57 $0.00 $25,211.57 Total $122,846.24 $0.00 $122,846.24 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Pa g e 3 o f 9 Pa g e 1 6 0 o f 1 8 5 Page 2 Q-453806-45041.691KM Quote Unbundled Price:$166,616.30 Quote List Price:$158,590.10 Quote Subtotal:$122,846.24 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 3 60 $69.79 $34.66 $34.66 $6,238.80 $0.00 $6,238.80 BWCamTAP Body Worn Camera TAP Bundle 22 60 $33.79 $32.50 $20.83 $27,495.60 $0.00 $27,495.60 A la Carte Hardware AB3C AB3 Camera Bundle 19 $749.00 $0.00 $0.00 $0.00 $0.00 AB3C AB3 Camera Bundle 3 $749.00 $749.00 $2,247.00 $0.00 $2,247.00 AB3MBD AB3 Multi Bay Dock Bundle 3 $1,638.90 $0.00 $0.00 $0.00 $0.00 A la Carte Software 73686 UNLIMITED BWC + CAPTURE STORAGE 22 60 $24.00 $24.00 $31,680.00 $0.00 $31,680.00 BasicLicense Basic License Bundle 15 60 $16.87 $16.25 $14,625.00 $0.00 $14,625.00 ProLicense Pro License Bundle 16 60 $42.91 $42.25 $40,559.84 $0.00 $40,559.84 Total $122,846.24 $0.00 $122,846.24 Pa g e 4 o f 9 Pa g e 1 6 1 o f 1 8 5 Page 3 Q-453806-45041.691KM Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 21 01/01/2023 AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 4 01/01/2023 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 19 01/01/2023 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 3 01/01/2023 AB3 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 21 01/01/2023 AB3 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 4 01/01/2023 AB3 Multi Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 3 01/01/2023 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 3 01/01/2023 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 3 01/01/2023 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 MULTI-BAY BWC DOCK 1ST REFRESH 3 07/01/2025 Body Worn Camera TAP Bundle 73309 AXON CAMERA REFRESH ONE 22 07/01/2025 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 MULTI-BAY BWC DOCK 2ND REFRESH 3 01/01/2028 Body Worn Camera TAP Bundle 73310 AXON CAMERA REFRESH TWO 22 01/01/2028 Software Bundle Item Description QTY Estimated Start Date Estimated End Date Basic License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 15 02/01/2023 01/31/2028 Basic License Bundle 73840 EVIDENCE.COM BASIC ACCESS LICENSE 15 02/01/2023 01/31/2028 Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 48 02/01/2023 01/31/2028 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 16 02/01/2023 01/31/2028 A la Carte 73686 UNLIMITED BWC + CAPTURE STORAGE 22 02/01/2023 01/31/2028 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera Multi-Bay Dock TAP Bundle 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP)3 01/01/2024 01/31/2028 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP)22 01/01/2024 01/31/2028 Pa g e 5 o f 9 Pa g e 1 6 2 o f 1 8 5 Page 4 Q-453806-45041.691KM Payment Details Jan 2023 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 73686 UNLIMITED BWC + CAPTURE STORAGE 22 $5,673.44 $0.00 $5,673.44 Year 1 AB3C AB3 Camera Bundle 19 $0.00 $0.00 $0.00 Year 1 AB3C AB3 Camera Bundle 3 $402.40 $0.00 $402.40 Year 1 AB3MBD AB3 Multi Bay Dock Bundle 3 $0.00 $0.00 $0.00 Year 1 BasicLicense Basic License Bundle 15 $2,619.12 $0.00 $2,619.12 Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 3 $1,117.28 $0.00 $1,117.28 Year 1 BWCamTAP Body Worn Camera TAP Bundle 22 $4,924.04 $0.00 $4,924.04 Year 1 ProLicense Pro License Bundle 16 $7,263.68 $0.00 $7,263.68 Total $21,999.96 $0.00 $21,999.96 Jan 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 73686 UNLIMITED BWC + CAPTURE STORAGE 22 $6,501.64 $0.00 $6,501.64 Year 2 AB3C AB3 Camera Bundle 19 $0.00 $0.00 $0.00 Year 2 AB3C AB3 Camera Bundle 3 $461.15 $0.00 $461.15 Year 2 AB3MBD AB3 Multi Bay Dock Bundle 3 $0.00 $0.00 $0.00 Year 2 BasicLicense Basic License Bundle 15 $3,001.47 $0.00 $3,001.47 Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 3 $1,280.38 $0.00 $1,280.38 Year 2 BWCamTAP Body Worn Camera TAP Bundle 22 $5,642.89 $0.00 $5,642.89 Year 2 ProLicense Pro License Bundle 16 $8,324.04 $0.00 $8,324.04 Total $25,211.57 $0.00 $25,211.57 Jan 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 73686 UNLIMITED BWC + CAPTURE STORAGE 22 $6,501.64 $0.00 $6,501.64 Year 3 AB3C AB3 Camera Bundle 19 $0.00 $0.00 $0.00 Year 3 AB3C AB3 Camera Bundle 3 $461.15 $0.00 $461.15 Year 3 AB3MBD AB3 Multi Bay Dock Bundle 3 $0.00 $0.00 $0.00 Year 3 BasicLicense Basic License Bundle 15 $3,001.47 $0.00 $3,001.47 Year 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 3 $1,280.38 $0.00 $1,280.38 Year 3 BWCamTAP Body Worn Camera TAP Bundle 22 $5,642.89 $0.00 $5,642.89 Year 3 ProLicense Pro License Bundle 16 $8,324.04 $0.00 $8,324.04 Total $25,211.57 $0.00 $25,211.57 Jan 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 73686 UNLIMITED BWC + CAPTURE STORAGE 22 $6,501.64 $0.00 $6,501.64 Year 4 AB3C AB3 Camera Bundle 19 $0.00 $0.00 $0.00 Year 4 AB3C AB3 Camera Bundle 3 $461.15 $0.00 $461.15 Year 4 AB3MBD AB3 Multi Bay Dock Bundle 3 $0.00 $0.00 $0.00 Year 4 BasicLicense Basic License Bundle 15 $3,001.47 $0.00 $3,001.47 Pa g e 6 o f 9 Pa g e 1 6 3 o f 1 8 5 Page 5 Q-453806-45041.691KM Jan 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 3 $1,280.38 $0.00 $1,280.38 Year 4 BWCamTAP Body Worn Camera TAP Bundle 22 $5,642.89 $0.00 $5,642.89 Year 4 ProLicense Pro License Bundle 16 $8,324.04 $0.00 $8,324.04 Total $25,211.57 $0.00 $25,211.57 Jan 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 73686 UNLIMITED BWC + CAPTURE STORAGE 22 $6,501.64 $0.00 $6,501.64 Year 5 AB3C AB3 Camera Bundle 19 $0.00 $0.00 $0.00 Year 5 AB3C AB3 Camera Bundle 3 $461.15 $0.00 $461.15 Year 5 AB3MBD AB3 Multi Bay Dock Bundle 3 $0.00 $0.00 $0.00 Year 5 BasicLicense Basic License Bundle 15 $3,001.47 $0.00 $3,001.47 Year 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 3 $1,280.38 $0.00 $1,280.38 Year 5 BWCamTAP Body Worn Camera TAP Bundle 22 $5,642.89 $0.00 $5,642.89 Year 5 ProLicense Pro License Bundle 16 $8,324.04 $0.00 $8,324.04 Total $25,211.57 $0.00 $25,211.57 Pa g e 7 o f 9 Pa g e 1 6 4 o f 1 8 5 Page 6 Q-453806-45041.691KM Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Pa g e 8 o f 9 Pa g e 1 6 5 o f 1 8 5 Page 7 Q-453806-45041.691KM \s1\\d1\ Signature Date Signed 4/25/2023 Pa g e 9 o f 9 Pa g e 1 6 6 o f 1 8 5 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Authorize a Professional Services Agreement for the Akin Road Improvement Construction Services Meeting: Regular Council - May 01 2023 INTRODUCTION: The City intends to use Municipal State Aid (MSA) Construction funds for the construction of the Akin Road Improvement project. Using MSA funds requires a much higher level of engineering administration than typical public improvement projects. Examples of this include review of labor submittals; performing labor compliance reviews; strict adherence to Minnesota Department of Transportation materials testing protocols; and submittal of contract and pay documents to State Aid. Staff is recommending use of an engineering consultant for this project. DISCUSSION: On February 21, 2023, the City Council approved the Consultant Pool for 2023 -2027. WSB is one of the firms in the Consultant Pool and has prepared the attached scope and budget based on meetings and discussions with City staff regarding this project. The scope includes the following major tasks: A. Project Management B. Contract Administration C. Construction Observation and Inspection D. Survey E. Construction Materials Testing The attached Professional Services Agreement (PSA) uses the format provided by the City Att orney, which was also included in the solicitation for pool firms. BUDGET IMPACT: The total estimated not to exceed fee for this work is $142,303 we propose to recover all costs via the City’s Municipal State Aid Construction account. Any balance will be funded via the Street Maintenance Fund. ACTION REQUESTED: Approve a Professional Services Agreement with WSB for the Akin Road Improvement Construction Services and Authorize the Mayor and City Administrator to execute same. ATTACHMENTS: Page 167 of 185 WSB Akin Road Improvement Construction PSA w att Page 2 of 16 Page 168 of 185 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 1st day of May, 2023, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and WSB, a Minnesota Corporation, whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416 (hereinafter "Engineer"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit “A” attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated John Powell, Public Works Director/City Engineer (the “City Representative”), and the Engineer has designated Mark Erichson, Director of Municipal Program Delivery (the “Engineer Representative”). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $142,303 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the Page 3 of 16 Page 169 of 185 224345v1 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by June 30, 2024. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any Page 4 of 16 Page 170 of 185 224345v1 negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. c. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. Page 5 of 16 Page 171 of 185 224345v1 d. Engineer shall maintain “stop gap” coverage if Engineer obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Farmington” as an additional insured. f. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. l. The Engineer’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. m. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer’s Work. Upon request a copy of the Engineer’s insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Engineer of any deficiencies in such documents and Page 6 of 16 Page 172 of 185 224345v1 receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section p, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed Page 7 of 16 Page 173 of 185 224345v1 services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, partners’, employees’, volunteers’, assignees’, or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Page 8 of 16 Page 174 of 185 224345v1 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR. Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Page 9 of 16 Page 175 of 185 224345v1 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: May 1, 2023 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Lynn Gorski City Administrator Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________ [title] Page 10 of 16 Page 176 of 185 224345v1 EXHIBIT “A” SCOPE OF SERVICES Page 11 of 16 Page 177 of 185 7 0 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 55 4 1 6 | 7 6 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M March 31st, 2023 John Powell, PE Public Works Director/City Engineer City of Farmington 430 Third Street Farmington, MN 55024 RE: Akin Road Improvements S.A.P. 212-112-004 City Project No. OT1.126876 Dear Mr. Powell: WSB is excited about the opportunity to present this scope of work and deliverables for construction services for the City’s Akin Road Improvement Project. The scope of work WSB will provide are the staff and services as necessary to meet the expected outc omes of this contract, which include the following tasks: ▪ Project Management ▪ Contract Administration ▪ Construction Observation and Inspection ▪ Survey ▪ Construction Materials Testing Deliverables and responsibilities provided for each of the above tasks are described in the Project Approach/Scope of Services below. The intent of the scope is to outline the major tasks required for this project and highlight areas of importance that are needed to complete the requested services. The scope does not list all responsibilities to be performed. PROJECT UNDERSTANDING The Akin Road Improvements Project consists of reclaiming, grading and bituminous pavement. Additional project work includes partial replacement of damaged curb and gutter, trail and ADA improvements, storm sewer and related appurtenances. Construction is expected to begin in late spring, as the weather permits. PROJECT APPROACH/SCOPE OF SERVICES A. Project Management WSB will provide project management throughout the duration of this project. This will include the following deliverables: ▪ Prepare materials for and attend the preconstruction meeting and weekly on-site meetings for the duration of the project. ▪ Prepare materials and coordinate private utility relocations prior to construction. ▪ Communicate with the City Engineer and Contractor to address project related issues. ▪ Provide understanding of City’s standard construction practices as they relate to the project. Page 12 of 16 Page 178 of 185 Mr. John Powell March 31, 2023 Page 2 ▪ Provide the necessary resources and direction to WSB personnel to ensure project compliance and quality results. ▪ Review and verify prepared pay vouchers and documented quantities. ▪ Provide the tools and equipment needed to WSB personnel to perform and meet the expected outcomes of the project including cell phones, computers, iPad’s, PPE, testing equipment, and additional supplies needed to perform the work. ▪ Provide services required under this contract as necessary to accommodate the contractor’s schedule. B. Contract Administration WSB will provide contract administration for this project. Our project team will work with the contractor and the city to ensure construction work and activities will be constructed in accordance with the plans and standards and are correctly and adequately documented throughout the project. Scope of work for this task includes: ▪ Attend construction meetings for close coordination of day-to-day progress of work and ensure the project is being completed as intended. ▪ Communicate regularly with involved stakeholders to keep them informed regarding the impact of construction to the area, including neighbors, businesses, and local agencies. ▪ Review, document and file contractor permits, submittals, test reports, and certificates of compliance. ▪ Verify and review all labor submittals meet requirements. ▪ Accurately verify contract pay items daily. ▪ Prepare all pay vouchers in accordance to project revenues and expenses. ▪ Prepare contract change documents and cost estimates with negotiations with the contractor on any contract changes. ▪ Respond to all contractor requests for information (RFI). ▪ Complete all necessary field finalizing of the project documentation in accordance with project specifications. C. Construction Observation and Inspection WSB will provide Construction Observation and Inspection services through construction of the project and final project closeout. This task will include: ▪ Record all construction activities daily, making a complete and accurate record of all events. ▪ Ensure construction practices and materials used on site are compliant with project specifications. ▪ Accurately measure and record contract pay items daily. ▪ Perform daily reviews of construction signing, detour signing, and construction traffic control maintenance. ▪ Perform monthly labor compliance interviews. ▪ Communicate regularly with the Project Manager, Contractor, City, and involved stakeholders. ▪ Perform reviews of temporary and permanent erosion control measures on the project for compliance with applicable permits and specifications. ▪ Provide services required under this contract as necessary to accommodate the contractor’s schedule and needs. ▪ Exercise the “Authority and Duties of the Inspector” as necessary. Page 13 of 16 Page 179 of 185 Mr. John Powell March 31, 2023 Page 3 D.Survey WSB will provide Survey services through project construction. This will include: ▪Verifying datum points are accurate and correct. ▪Provide all required construction staking including setting benchmark elevation locations. ▪Provide and maintain records for as-builts. ▪Coordinate with contractor on private utility relocations. E.Construction Materials Testing WSB will provide materials testing as required by the special provisions and Schedule of Materials control through the project. This will include: ▪Grading and base items including material gradations and densities. ▪Asphalt gradations, extractions, and densities ▪Concrete air, slump, and strength tests ▪Provide services required under this contract as necessary to accommodate the contractor’s schedule and needs. Depending on project sequencing and workload, as determined by the contractor, we will adjust our staffing needs accordingly. PROPOSED FEE The estimated cost proposal we are providing is based on the contract documents and anticipated schedule for the work. A better understanding of the level of effort needed will be realized once the contractor presets their approach to the work. WSB will provide the services as outlined in Project Approach/Scope of Services. Our budget was developed based on our understanding of the scope and experience with many similar projects. Our 2023 estimate used an assumed 9-weeks of construction, working 5 days a week, and 10 hours per day during construction activities. The estimated cost of this project not to exceed is $142,303.00. All travel time is included in the estimated fee. The proposed scope and fee presented herein represents our complete understanding of the project based on site visits and work performed. If you have any questions or concerns, please feel free to contact me at (612) 360-1278. Once again, we appreciate the opportunity to submit this proposal and look forward to working with you and your staff. Sincerely, WSB Mark Erichson, PE Morgan Dawley, PE Director of Municipal Program Delivery Sr. Director of Municipal Services Page 14 of 16 Page 180 of 185 224345v1 EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 15 of 16 Page 181 of 185 Project Manager Construction Project Lead Inspector Environmental Compliance EEO/ Labor Compliance Senior Survey Technician Two Person Survey Crew Clerical Total WORK TASK Hours Cost Description PROJECT MANAGEMENT Project Management (1 hours per week)9 4 13 $2,055.00 Submittal Review/Shop Drawing Review 6 6 $1,098.00 CONTRACT ADMINISTRATION Pre-Construction Conference 3 3 6 $954.00 Private Utility Meetings 4 4 8 $1,272.00 Weekly Meeting (Assume 1 meeting a week for 9 weeks, 2 hours per meeting)18 18 $3,294.00 Labor Compliance (2.5 hours per week for 12 weeks)30 30 $3,210.00 Documentation Review (1/2 hour a week)4 4 $732.00 Contract Administration (1 hour a week)9 9 $1,647.00 Monthly Pay Estimates (3 estimates)4 6 10 $1,344.00 Final Pay Voucher 2 2 $366.00 Final Documentation 10 10 $1,830.00 CONSTRUCTION INSPECTION SERVICES Construction Inspection 450 450 $60,750.00 Punchlist / Final Inspection 16 16 $2,160.00 Record Plan Measurements 8 8 $1,080.00 CONSTRUCTION SURVEYING SERVICES Construction Survey 125 125 $29,375.00 Office Support 6 6 $912.00 Record Plans 12 8 20 $3,704.00 ENVIRONMANTAL Weekly NPDES Inspections (2 hours per week, for 12 weeks)24 24 $2,712.00 On Site Documentation (1 hours per week, for 12 weeks)24 24 $2,712.00 Post Rain Event Inspections (Assume 1 rain event every other week) 12 12 $1,356.00 Assume 9 weeks construction inspection, 5 days per week, 10 hours per day Total Hours 69 481 60 30 18 133 10 801 $122,563.00 Hourly Costs 183.00 135.00 113.00 107.00 152.00 235.00 102.00 WSB SALARY COSTS $12,627.00 $64,935.00 $6,780.00 $3,210.00 $2,736.00 $31,255.00 $1,020.00 $122,563.00 Materials Testing $19,740.00 $142,303.00 TOTAL PROJECT COST $142,303.00 WSB ESTIMATE OF COST - Akin Road Improvements Grading, Bituminous Paving, Concrete Curb & Gutter, ADA Improvements, Trail Maintenance, Appurtenant Work Farmington, Minnesota TOTAL CONSTRUCTION SERVICES PROJECT COST Pa g e 1 6 o f 1 6 Pa g e 1 8 2 o f 1 8 5 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Receive Bids and Award a Contract for the Akin Road Improvement Project Meeting: Regular Council - May 01 2023 INTRODUCTION: On March 21, 2022, the City Council approved a professional services agreement to prepare a Memorandum of Findings and to prepare construction plans and bid documents for the Akin Road Improvement project. The project is located on Akin Road from the north side of CR 50 to about 550 feet south of the 195th Street roundabout. The work involves reclamation of the bituminous roadway and any trail pavement; bituminous paving of both; ADA improvements; and some cu rb and gutter, and storm sewer installation. The City Council approved the final plans and specifications, and authorized the advertisement for bids at the March 20, 2023 City Council meeting. DISCUSSION: An advertisement for bids was posted in the Dakota County Tribune on March 24 and 31, 2023, and on the QuestCDN website. Bids were opened at 11: 00 a.m. on April 19, 2023. Five (5) bids were received. The apparent low bidder is McNamara Contracting of Rosemount, in the amount of $1,880,886.20. The Engineer' s Estimate of Construction Costs for the project is $2,185,883.00. McNamara Contracting has successfully completed many similar projects in the past. A complete tabulation of bids is attached and is summarized below: Contractor Bid Amount McNamara Contracting $1,880,886.20 Park Construction Company $1,966,783.29 Minnesota Paving & Materials $1,979,033.44 Northwest $2,073,719.01 S.M. Hentges & Sons, Inc. $2,118,991.25 BUDGET IMPACT: The low bid is approximately 14% less than the Engineer’s Estimate. All the constructi on costs on this project, including the trail work, are eligible for Municipal State Aid Construction funds. The City’s current Construction Fund balance is about $2,368,421; so Municipal State Aid Construction funds will pay for this construction. Public improvement contracts are based on estimated quantities of materials and work types; the final contract amount can vary (increase or decrease) from the original amount. Additionally, construction issues arise which require an immediate decision, and cannot wait for the next City Page 183 of 185 Council meeting for formal approval. For these reasons, Staff is also requesting approval of a change order contingency of $188,000 (about 10% of the contract) be established as an aggregate of all change order increases with a maximum amount of $50,000 allowed for any single change order increase without prior City Council approval. Other cities have taken this approach as a matter of practice for many years. ACTION REQUESTED: Staff recommends acceptance of the bids and awa rd of a contract for construction of the Akin Road Improvement Project to McNamara Contracting of Rosemount in the amount of their bid $1,880,886.20 and authorize the Mayor and City Administrator to execute the same. This includes approval of a change order contingency of $188,000 (about 10% of the contract) be established as an aggregate of all change order increases with a maximum amount of $50,000 allowed for any single change order increase without prior City Council approval. ATTACHMENTS: Akin Road Bid Tabulation Page 2 of 3 Page 184 of 185 Farmington, City of, Akin Road Improvements Project 0T1.126876 (#8367212) Owner: Farmington MN, City of Solicitor: Bolton & Menk, Inc. 04/19/2023 11:00 AM CDT Line Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension 1 2021.501 MOBILIZATION LUMP SUM 1 $98,400.00 $98,400.00 $23,700.00 $23,700.00 $110,000.00 $110,000.00 $44,300.00 $44,300.00 $33,887.00 $33,887.00 $73,811.00 $73,811.00 2 2104.502 REMOVE SIGN EACH 20 $250.00 $5,000.00 $42.00 $840.00 $40.40 $808.00 $40.11 $802.20 $22.00 $440.00 $25.00 $500.00 3 2104.502 SALVAGE MAIL BOX EACH 8 $500.00 $4,000.00 $130.00 $1,040.00 $126.00 $1,008.00 $125.36 $1,002.88 $130.00 $1,040.00 $130.00 $1,040.00 4 2104.502 SALVAGE SIGN TYPE C EACH 42 $50.00 $2,100.00 $42.00 $1,764.00 $40.40 $1,696.80 $40.11 $1,684.62 $22.00 $924.00 $40.00 $1,680.00 5 2104.503 REMOVE PIPE SEWER (STORM)LIN FT 81 $5.00 $405.00 $20.00 $1,620.00 $16.80 $1,360.80 $8.02 $649.62 $20.00 $1,620.00 $15.00 $1,215.00 6 2104.503 REMOVE CURB & GUTTER LIN FT 368 $5.00 $1,840.00 $12.00 $4,416.00 $2.90 $1,067.20 $12.34 $4,541.12 $8.10 $2,980.80 $5.00 $1,840.00 7 2104.503 REMOVE CURB & GUTTER (SPOT REPLACEMENT) LIN FT 750 $12.00 $9,000.00 $10.30 $7,725.00 $9.80 $7,350.00 $10.42 $7,815.00 $16.50 $12,375.00 $10.00 $7,500.00 8 2104.503 SAWING BITUMINOUS PAVEMENT LIN FT 1482 $4.00 $5,928.00 $2.00 $2,964.00 $2.40 $3,556.80 $2.67 $3,956.94 $3.50 $5,187.00 $2.00 $2,964.00 9 2104.503 SAWING CONCRETE PAVEMENT LIN FT 43 $8.00 $344.00 $2.00 $86.00 $6.05 $260.15 $4.00 $172.00 $5.00 $215.00 $6.00 $258.00 10 2104.504 REMOVE BITUMINOUS PAVEMENT (DRIVEWAY) SQ YD 447 $8.00 $3,576.00 $6.00 $2,682.00 $11.00 $4,917.00 $6.30 $2,816.10 $8.25 $3,687.75 $6.00 $2,682.00 11 2104.504 REMOVE CONCRETE PAVEMENT (DRIVEWAY) SQ YD 36 $10.00 $360.00 $19.00 $684.00 $11.80 $424.80 $7.87 $283.32 $42.00 $1,512.00 $10.00 $360.00 12 2104.504 REMOVE CONCRETE WALK SQ YD 120 $12.00 $1,440.00 $15.00 $1,800.00 $11.50 $1,380.00 $9.45 $1,134.00 $18.50 $2,220.00 $9.00 $1,080.00 13 2105.507 COMMON BORROW CU YD 25 $35.00 $875.00 $52.00 $1,300.00 $19.40 $485.00 $15.04 $376.00 $46.55 $1,163.75 $21.00 $525.00 14 2105.607 SUBGRADE EXCAVATION CU YD 1459 $20.00 $29,180.00 $15.70 $22,906.30 $21.60 $31,514.40 $12.54 $18,295.86 $24.45 $35,672.55 $15.00 $21,885.00 15 2106.507 COMMON EXCAVATION CU YD 5968 $14.00 $83,552.00 $24.30 $145,022.40 $17.60 $105,036.80 $11.53 $68,811.04 $24.00 $143,232.00 $17.00 $101,456.00 16 2106.507 STABILIZING AGGREGATE CU YD 1459 $35.00 $51,065.00 $14.00 $20,426.00 $14.70 $21,447.30 $28.08 $40,968.72 $38.64 $56,375.76 $60.25 $87,904.75 17 2112.504 SUBGRADE PREPARATION SQ YD 57278 $1.00 $57,278.00 $0.75 $42,958.50 $0.43 $24,629.54 $1.27 $72,743.06 $0.80 $45,822.40 $1.20 $68,733.60 18 2215.504 FULL DEPTH RECLAMATION (TRAIL) SQ YD 10200 $3.00 $30,600.00 $1.60 $16,320.00 $4.00 $40,800.00 $2.13 $21,726.00 $2.15 $21,930.00 $1.40 $14,280.00 19 2215.504 FULL DEPTH RECLAMATION SQ YD 47740 $1.50 $71,610.00 $1.00 $47,740.00 $0.85 $40,579.00 $0.93 $44,398.20 $1.67 $79,725.80 $1.40 $66,836.00 20 2221.509 SHOULDER BASE AGGREGATE CLASS 2 TON 800 $20.00 $16,000.00 $40.00 $32,000.00 $28.30 $22,640.00 $29.28 $23,424.00 $32.00 $25,600.00 $44.00 $35,200.00 21 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GAL 4200 $6.00 $25,200.00 $2.50 $10,500.00 $2.95 $12,390.00 $0.01 $42.00 $3.00 $12,600.00 $3.50 $14,700.00 22 2360.504 TYPE SP 9.5 WEARING COURSE MIX (3,B) (SPWEA230B) (DRIVEWAY) SQ YD 900 $40.00 $36,000.00 $33.50 $30,150.00 $32.10 $28,890.00 $43.21 $38,889.00 $33.77 $30,393.00 $31.00 $27,900.00 23 2360.509 TYPE SP 12.5 NON WEARING COURSE MIX (3,C) (SPNWB330C) TON 8665 $80.00 $693,200.00 $72.00 $623,880.00 $73.70 $638,610.50 $75.00 $649,875.00 $76.26 $660,792.90 $80.00 $693,200.00 24 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3,C) (SPWEA340C) TON 4333 $85.00 $368,305.00 $75.00 $324,975.00 $78.20 $338,840.60 $91.00 $394,303.00 $80.22 $347,593.26 $84.00 $363,972.00 25 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3,B) (SPWEA230B) (TRAIL) TON 1850 $90.00 $166,500.00 $73.00 $135,050.00 $82.60 $152,810.00 $90.00 $166,500.00 $73.07 $135,179.50 $81.00 $149,850.00 26 2501.502 15" RC PIPE APRON EACH 3 $2,000.00 $6,000.00 $1,400.00 $4,200.00 $2,690.00 $8,070.00 $606.72 $1,820.16 $1,160.00 $3,480.00 $2,500.00 $7,500.00 27 2501.502 18" CS SAFETY APR & GRATE DES 3128 EACH 1 $1,350.00 $1,350.00 $540.00 $540.00 $1,060.00 $1,060.00 $922.62 $922.62 $560.00 $560.00 $1,550.00 $1,550.00 28 2503.503 15" RC PIPE SEWER CLASS III LIN FT 740 $100.00 $74,000.00 $80.00 $59,200.00 $68.40 $50,616.00 $100.28 $74,207.20 $74.24 $54,937.60 $65.00 $48,100.00 29 2503.503 18" CS PIPE SEWER LIN FT 10 $75.00 $750.00 $90.00 $900.00 $91.30 $913.00 $140.40 $1,404.00 $91.00 $910.00 $150.00 $1,500.00 30 2504.602 ADJUST GATE VALVE EACH 9 $350.00 $3,150.00 $630.00 $5,670.00 $527.00 $4,743.00 $544.39 $4,899.51 $565.00 $5,085.00 $250.00 $2,250.00 31 2506.502 ADJUST FRAME & RING CASTING (STORM) EACH 4 $600.00 $2,400.00 $750.00 $3,000.00 $289.00 $1,156.00 $581.14 $2,324.56 $715.00 $2,860.00 $500.00 $2,000.00 32 2506.602 ADJUST FRAME & RING CASTING (SANITARY) EACH 9 $1,000.00 $9,000.00 $750.00 $6,750.00 $1,060.00 $9,540.00 $1,056.04 $9,504.36 $865.00 $7,785.00 $500.00 $4,500.00 33 2506.602 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL EACH 6 $2,000.00 $12,000.00 $4,080.00 $24,480.00 $3,020.00 $18,120.00 $3,662.39 $21,974.34 $3,454.00 $20,724.00 $3,050.00 $18,300.00 34 2511.507 RANDOM RIPRAP CLASS III CU YD 20.8 $80.00 $1,664.00 $120.00 $2,496.00 $200.00 $4,160.00 $75.21 $1,564.37 $175.00 $3,640.00 $160.00 $3,328.00 35 2521.518 4" CONCRETE WALK SQ FT 685 $7.50 $5,137.50 $6.85 $4,692.25 $10.80 $7,398.00 $10.83 $7,418.55 $11.34 $7,767.90 $9.00 $6,165.00 36 2521.518 6" CONCRETE WALK SQ FT 2591 $9.00 $23,319.00 $14.50 $37,569.50 $14.40 $37,310.40 $14.07 $36,455.37 $14.86 $38,502.26 $15.00 $38,865.00 37 2531.503 CONCRETE CURB AND GUTTER DESIGN B618 LIN FT 1813 $20.00 $36,260.00 $16.60 $30,095.80 $27.50 $49,857.50 $21.04 $38,145.52 $20.25 $36,713.25 $21.00 $38,073.00 38 2531.503 CONCRETE CURB AND GUTTER DESIGN B618 (SPOT REPLACEMENT) LIN FT 750 $28.00 $21,000.00 $29.50 $22,125.00 $35.90 $26,925.00 $33.25 $24,937.50 $30.10 $22,575.00 $34.00 $25,500.00 39 2531.518 6" CONCRETE DRIVEWAY PAVEMENT SQ FT 313 $8.00 $2,504.00 $10.75 $3,364.75 $12.00 $3,756.00 $12.34 $3,862.42 $13.71 $4,291.23 $10.00 $3,130.00 40 2531.618 TRUNCATED DOMES SQ FT 242 $60.00 $14,520.00 $50.00 $12,100.00 $63.60 $15,391.20 $62.18 $15,047.56 $64.00 $15,488.00 $60.00 $14,520.00 41 2540.602 INSTALL MAIL BOX EACH 8 $500.00 $4,000.00 $180.00 $1,440.00 $177.00 $1,416.00 $175.50 $1,404.00 $180.00 $1,440.00 $180.00 $1,440.00 42 2563.601 TRAFFIC CONTROL LUMP SUM 1 $24,600.00 $24,600.00 $12,500.00 $12,500.00 $12,100.00 $12,100.00 $12,034.13 $12,034.13 $32,550.00 $32,550.00 $17,225.00 $17,225.00 43 2564.502 INSTALL SIGN TYPE C EACH 42 $300.00 $12,600.00 $200.00 $8,400.00 $202.00 $8,484.00 $200.57 $8,423.94 $130.00 $5,460.00 $205.00 $8,610.00 44 2564.618 SIGN TYPE C SQ FT 105 $75.00 $7,875.00 $58.00 $6,090.00 $55.60 $5,838.00 $55.16 $5,791.80 $65.00 $6,825.00 $56.00 $5,880.00 45 2565.602 REINSTATE RIGID PVC LOOP DETECTOR EACH 6 $3,000.00 $18,000.00 $1,200.00 $7,200.00 $1,260.00 $7,560.00 $1,278.63 $7,671.78 $6,200.00 $37,200.00 $6,200.00 $37,200.00 46 2573.502 STORM DRAIN INLET PROTECTION EACH 18 $750.00 $13,500.00 $204.00 $3,672.00 $189.00 $3,402.00 $145.41 $2,617.38 $125.00 $2,250.00 $155.00 $2,790.00 47 2573.503 SILT FENCE LIN FT 2000 $2.00 $4,000.00 $3.50 $7,000.00 $2.90 $5,800.00 $2.86 $5,720.00 $2.50 $5,000.00 $3.00 $6,000.00 48 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER LIN FT 2500 $3.00 $7,500.00 $3.50 $8,750.00 $2.35 $5,875.00 $2.36 $5,900.00 $3.25 $8,125.00 $2.50 $6,250.00 49 2574.507 COMMON TOPSOIL BORROW CU YD 750 $25.00 $18,750.00 $55.00 $41,250.00 $47.40 $35,550.00 $35.15 $26,362.50 $48.20 $36,150.00 $35.00 $26,250.00 50 2574.508 FERTILIZER TYPE 3 (SLOW RELEASE) POUND 550 $2.50 $1,375.00 $1.20 $660.00 $1.85 $1,017.50 $1.86 $1,023.00 $1.20 $660.00 $2.00 $1,100.00 51 2575.504 EROSION CONTROL BLANKET, CATEGORY 15 SQ YD 3000 $8.00 $24,000.00 $4.00 $12,000.00 $2.25 $6,750.00 $2.26 $6,780.00 $3.00 $9,000.00 $2.40 $7,200.00 52 2575.508 SEED MIXTURE 35-241 POUND 100 $12.00 $1,200.00 $50.00 $5,000.00 $18.20 $1,820.00 $18.05 $1,805.00 $15.00 $1,500.00 $19.00 $1,900.00 53 2575.508 HYDRAULIC MULCH POUND 5100 $1.50 $7,650.00 $3.50 $17,850.00 $2.15 $10,965.00 $2.16 $11,016.00 $2.10 $10,710.00 $2.30 $11,730.00 54 2582.503 4" DOUBLE SOLID LINE MULTI COMPONENT LIN FT 11200 $1.50 $16,800.00 $0.65 $7,280.00 $0.63 $7,056.00 $0.62 $6,944.00 $0.64 $7,168.00 $0.65 $7,280.00 55 2582.503 24" SOLID LINE MULTI COMPONENT LIN FT 903 $15.50 $13,996.50 $12.70 $11,468.10 $12.20 $11,016.60 $12.13 $10,953.39 $12.50 $11,287.50 $12.30 $11,106.90 56 2582.503 4" SOLID LINE MULTI COMPONENT LIN FT 20080 $1.50 $30,120.00 $0.30 $6,024.00 $0.31 $6,224.80 $0.31 $6,224.80 $0.32 $6,425.60 $0.30 $6,024.00 57 2582.518 CROSSWALK MULTI COMPONENT SQ FT 144 $8.00 $1,152.00 $7.35 $1,058.40 $7.05 $1,015.20 $7.02 $1,010.88 $7.25 $1,044.00 $7.00 $1,008.00 58 2582.518 PAVEMENT MESSAGE MULTI COMPONENT SQ FT 304 $13.00 $3,952.00 $11.55 $3,511.20 $11.10 $3,374.40 $11.03 $3,353.12 $11.30 $3,435.20 $11.00 $3,344.00 $2,185,883.00 $1,880,886.20 $1,966,783.29 $1,979,033.44 $2,073,719.01 $2,118,991.25 S.M. Hentges & Sons, Inc. Engineer Estimate McNamara Contracting Park Construction Company OMG Midwest Inc. dba Minnesota Paving & Northwest S.M. Hentges & Sons, Inc. Engineer Estimate McNamara Contracting Park Construction Company OMG Midwest Inc. dba Northwest Pa g e 3 o f 3 Pa g e 1 8 5 o f 1 8 5