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HomeMy WebLinkAbout02.20.24 Council PacketMeeting Location: Farmington City Hall, Council Chambers 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 20, 2024 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 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. Minutes of the January 16, 2024 Regular City Council Meeting Agenda Item: Minutes of the January 16, 2024 Regular City Council Meeting - Pdf 4 - 12 7.2. Zoning Ordinance Amendments to Title 10, Chapters 2 and 5 of the Farmington City Code Agenda Item: Zoning Ordinance Amendments to Title 10, Chapters 2 and 5 of the Farmington City Code - Pdf 13 - 19 7.3. Payment of Claims Agenda Item: Payment of Claims - Pdf 20 - 21 Payment of Claims 7.4. Out of State Travel to Attend Fire Department Instructors Conference Agenda Item: Approve Out of State Travel to Attend Fire Department Instructors Conference - Pdf 22 7.5. Purchase of Medical Chest Compression Device Agenda Item: Approve Purchase - Medical Chest Compression Device - 23 Page 1 of 122 Pdf 7.6. Memorandum of Understanding with Law Enforcement Labor Services (LELS) Local #387 Agenda Item: Memorandum of Understanding with Law Enforcement Labor Services (LELS) Local #387. - Pdf 24 - 25 7.7. Staff Changes and Recommendations Agenda Item: Staff Changes and Recommendations - Pdf 26 7.8. Agreement with South-Town Refrigeration & Mechanical for Gas Line Reroute at Schmitz-Maki Arena Agenda Item: Agreement with South-Town Refrigeration & Mechanical for Gas Line Reroute at Schmitz-Maki Arena - Pdf 27 - 31 7.9. Resolution Accepting Donation from Michelle Bade to the Rambling River Center Agenda Item: Resolution Accepting Donation from Michelle Bade to the Rambling River Center - Pdf 32 - 33 7.10. Minnesota ICAC Joint Powers Agreement Agenda Item: Minnesota ICAC Joint Powers Agreement - Pdf 34 - 40 7.11. Resolution Declaring Surplus Property Agenda Item: Resolution Declaring Surplus Property - Pdf 41 - 42 7.12. OpenGov Fleet Asset Management Software Agenda Item: OpenGov Fleet Asset Management Software - Pdf 43 - 116 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS 12.1. Resolution Authorizing the Submittal of a Minnesota Department of Natural Resources Outdoor Recreation Grant Program Application Adopt Resolution 2024-21 Authorizing to Act as Legal Sponsor and Authorization for DNR Outdoor Recreation Grant Program Application for design and construction of a skate park and support facilities and approve the matching funds of up to $350,000 to come from the Liquor Operations Community Projects fund. Agenda Item: Resolution Authorizing the Submittal of a Minnesota Department of Natural Resources Outdoor Recreation Grant Program Application - Pdf 117 - 120 Page 2 of 122 12.2. Community Development Department 2023 Recap and 2024 Goals Information only Agenda Item: Community Development Department 2023 Recap and 2024 Goals - Pdf 121 12.3. Public Works 2023 Annual Update Information only Agenda Item: Public Works 2023 Annual Update - Pdf 122 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN Page 3 of 122 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the January 16, 2024 Regular City Council Meeting Meeting: Regular Council - Feb 20 2024 INTRODUCTION: For Council approval are the minutes of the January 16, 2024 Regular City Council meeting. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the minutes of the January 16, 2024 Regular City Council meeting. ATTACHMENTS: 01.16.24 Council Minutes Page 4 of 122 Regular City Council Meeting Minutes of January 16, 2024 Page 1 of 8 City of Farmington Regular Council Meeting Minutes Tuesday, January 2, 2024 The City Council met in regular session on Tuesday, January 16, 2024, at Farmington City Hall, 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 Mayor Hoyt led everyone in the Pledge of Allegiance. 3. ROLL CALL Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, Katie Porter, and Steve Wilson Members Absent: None Staff Present: Lynn Gorski, City Administrator Julie Flaten, Asst City Administrator/HR Director Leah Koch, City Attorney Josh Lawrenz, Building Official Caryn Hojnicki, Communications Specialist Deanna Kuennen, Community & Economic Development Director Kim Sommerland, Finance Director Justin Elvestad, Fire Chief Peter Gilbertson, IT Director Josh Solinger, Liquor Store Manager Kellee Omlid, Parks & Recreation Director Tony Wippler, Planning Manager Gary Rutherford, Police Chief Jim Constantineau, Deputy Police Chief John Powell, Public Works Director Missie Kohlbeck, Recreation Supervisor Shirley Buecksler, City Clerk Also Present: Neil Anderson, Minnwest Bank Market President Bryan Tucker, Senior Project Manager, Summergate Development, LLC Pam Anderson, JLG Architects Page 5 of 122 Regular City Council Meeting Minutes of January 16, 2024 Page 2 of 8 Members of the Rambling River Center Advisory Board: Rachel Edwards, Commissioner Mary Garlets, Commissioner Pat Hennen, Commissioner Judy Janke, Commissioner Pennie Page, Chair Blanche Reichert, Commissioner Members of the Parks and Recreation Advisory Board: Kate Caron, Commissioner David McMillen, Commissioner 4. APPROVE AGENDA Motion was made by Councilmember Porter and seconded by Councilmember Wilson to approve the agenda, as presented. Motion carried: 5 ayes / 0 nays 5. ANNOUNCEMENTS / COMMENDATIONS 5.1 Resolution Accepting Donation from Minnwest Bank to the Rambling River Center Minnwest Bank Market President Neil Anderson presented a check to the City of Farmington in the amount of $17,000. Council thanked Mr. Anderson and Minnwest Bank for the generous donation. Motion was made by Councilmember Bernatz and seconded by Councilmember Porter to adopt Resolution 2024-08 Accepting a Donation of $17,000 from Minnwest Bank to the Rambling River Center. Motion carried: 5 ayes / 0 nays. 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS None. 7. CONSENT AGENDA Councilmember Bernatz abstained from voting due to contractor services for payment included in the Consent Agenda. Mayor Hoyt pulled Item 7.8, Fire Service Agreement with Castle Rock Township, for further discussion. Motion was made by Councilmember Wilson and seconded by Councilmember Lien to approve the Consent Agenda, as amended: Page 6 of 122 Regular City Council Meeting Minutes of January 16, 2024 Page 3 of 8 7.1 Resolution 2024-06 Appointing Election Judges for the 2024 Election Cycle 7.2 Minutes of the December 18, 2023 Regular City Council Meeting 7.3 Minutes of the January 2, 2024 Work Session 7.4 Minutes of the January 2, 2024 Regular City Council Meeting 7.5 Resolution 2024-07 Authorizing a Sub-Grantee Agreement Between the City of Farmington and Ten Nineteen-Farmington, LLC for the Emery Apartment Project 7.6 Ordinance 2024-02 Amending Title 10, Chapters 2, 4 and 5 of the Farmington City Code as it Relates to Adding Missing Definitions, Deleting Irrelevant Definitions, and Correcting Spelling and Typographical Errors 7.7 Payment of Claims for the Period December 30, 2023 – January 9, 2024 in the Amount of $788,159.60 7.8 Item Pulled - Fire Service Agreement with Castle Rock Township 7.9 Use of Public Safety Aid for Water Tender 7.10 Staff Changes and Recommendations Including: a. Job title and classification change of the Water Resources Engineer position b. Appointment of Mckenna Marquardt as Skate Instructor 7.11 Final Acceptance of Public Streets and Utilities and Release of Securities – Whispering Fields 7.12 Final Acceptance of Public Streets and Utilities and Release of Securities – Whispering Fields 2nd Addition 7.13 2024 Solid Waste and Recycling Coordination Services Joint Powers Agreement Motion carried: 4 ayes / 0 nays / 1 abstained – Councilmember Bernatz 8. PUBLIC HEARINGS None. 9. AWARD OF CONTRACT None 10. PETITIONS, REQUESTS AND COMMUNICATIONS 10.1 Final Plat and Planned Unit Development – Meadowview Preserve Planning Manager Wippler introduced Bryan Tucker, Senior Project Manager with Summergate Development, LLC. Summergate Development, LLC submitted an application for final plat and planned unit development for Meadowview Preserve. The development is located west of the Troyhill development and north of Meadowview Elementary School off of 195th Street West. The final plat consists of 63 single-family lots on 61.07 acres and was approved by the Planning Commission on June 14, 2022 and the City Council on June 27, 2022. The Planning Commission reviewed the Page 7 of 122 Regular City Council Meeting Minutes of January 16, 2024 Page 4 of 8 final plat and planned unit development agreement at its regular meeting on January 9, 2024 and recommended approval of both with a 4 -0 vote. Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to adopt Resolution 2024-09 Approving Final Plat and PUD Agreement Meadowview Preserve. Motion carried: 5 ayes / 0 nays. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS 12.1 Rambling River Center Facility Master Plan Director Omlid introduced Pam Anderson of JLG Architects. The proposed concept plan, project phasing, and potential renovation costs for the Rambling River Center Facility Master Plan. The presentation also included an overview of the project process, summary of input received from stakeholders, and a concept plan report overview. Motion was made by Councilmember Wilson and se conded by Councilmember Porter to approve the proposed concept plan for the Rambling River Center. Motion carried: 5 ayes / 0 nays. 12.2 Administration Department 2023 Recap and 2024 Goals The Administration Department, including Assistant City Manager & Human Resources Director Flaten, City Clerk Buecksler, Communications Specialist Hojnicki, IT Director Gilbertson, and Liquor Operations Manager Solinger, presented their 2024 goals and 2023 accomplishments. 12.3 Finance Department 2023 Recap and 2024 Goals Finance Director Sommerland provided a highlight of the Finance Department ’s 2023 accomplishments and identified goals for 2024. 12.4 Fourth Quarter 2023 New Construction Report Building Official Lawrenz provided a report for Council summarizing new construction permits issued during the fourth quarter of 2023, as well as year-end building totals and also a five-year comparison tracking Single-Family Dwelling (Townhouse) totals and the number of inspections performed year to year. Page 8 of 122 Regular City Council Meeting Minutes of January 16, 2024 Page 5 of 8 12.5 UASI Grant and Associated Documents In early 2023, the Police Department applied for an Urban Area Security Initiative (UASI) competitive grant through the State of Minnesota Homeland Security and Emergency Management. The Police Department was awarded the grant and are now taking steps for the grant to be funded. Motion was made by Councilmember Bernatz and seconded by Councilmember Lien to accept the contract for the grant and approve the purchase of the trailer. Motion carried: 5 ayes / 0 nays. 12.6 Appointments to Boards and Commissions for 2024 Applicants were recommended for designation to the following boards and commissions: • Kate Caron to the Parks and Recreation Advisory Board for a term starting February 1, 2024 through January 31, 2027. • Mitchell Snobeck, Krista Tesky, and Philip Windschitl to the Planning Commission for terms starting February 1, 2024 through January 31, 2026. • Mary Garlets and Pat Hennen to the Rambling River Center Advisory Board for terms starting February 1, 2024 through January 31, 2027. • Michelle Wohlers to the Water Board for a term starting February 1, 2024 through January 31, 2027. Motion was made by Councilmember Porter and seconded by Councilmember Wilson to approve these appointments as presented. Motion carried: 5 ayes / 0 nays. 12.7 Dakota County Joint Powers Agreement for Absentee Voting Administration Services City Council reviewed the Joint Powers Agreement (JPA) between Dakota County and the City of Farmington, which includes all cities and townships within Dakota County, at work sessions held on August 21, 2023 and January 2, 2024. Under the JPA, City Staff will continue to provide in-person absentee voting services at City Hall. County Staff will process absentee ballot applications received online and via U.S. Mail, Safe at Home ballots, and all Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) ballots. The County will serve as the Absentee Ballot Board. Page 9 of 122 Regular City Council Meeting Minutes of January 16, 2024 Page 6 of 8 Motion was made by Councilmember Bernatz and seconded by Councilmember Lien to approve the Joint Powers Agreement with Dakota County for absentee voting administration services. Motion carried: 5 ayes / 0 nays. 12.8 Purchase Agreement for Fire Engine Engine 2 was identified in the Capital Improvement Plan for re placement. The truck is a 2001 and past the 20-year life expectancy. The Fire Department Apparatus Committee worked over the past few months to design the next fire engine replacement and recommends Pierce Manufacturing to build the replacement of the 2001 Pierce Fire Engine. Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to approve the purchase agreement with MacQueen, LLC for the Pierce Velocity Pumper for $1,250,323 on Sourcewell consortium pricing. Motion carried: 5 ayes / 0 nays. 13. CITY COUNCIL ROUNDTABLE City Attorney Koch: Legislative update: There were certain penalties and purchase requirements put on having numerous catalytic converters. A lot of catalytic converter thefts have gone down, as well. Councilmember Lien: Thank you to the Firefighters for the invitation to the Firefighters annual banquet. It’s always a good time, and I appreciate everything you do putting it together and celebrating all your Officers and Firefighters. Councilmember Bernatz: For all of the individuals who presented tonight, an overall – wow. Truly, everybody’s passion for what they do and dedication to the team absolutely needs to be commended. I’m excited for 2024. Councilmember Wilson: Thank you, Chief Elvestad, for a phenomenal event. Thank you to your team for all the training awards, achievements, and success. I really appreciate it. Appreciate those who signed up to be an Election Judge. I know there are a number of very dedicated folks who would not miss the opportunity to serve as an Election Judge. It’s a civic duty they do every time. I appreciate all of them. Administrator Gorski: Thank you again, Chief Elvestad, for the invitation to the Fire Relief banquet. Page 10 of 122 Regular City Council Meeting Minutes of January 16, 2024 Page 7 of 8 I want to congratulate Bob Eibner for Fire Officer of the Year and Heath Walker for Firefighter of the Year. It was great to see all the Firefighters and all of the other awards that were given. A special thank you to Neil Anderson and Minnwest Bank for being a great partner in this community. They really do step up, and Neil has been great to work with. Thank you to the Staff who presented tonight. They did a fabulous job. I get to see every day the wonderful work they do, and it was nice for them to share it with Council and the community to see all that is done. Director Kuennen: Our comprehensive plan continues to move along, and we are getting into the exciting part of future land use. We will be looking at scheduling a joint meeting with the Planning Commission and the City Council to provide some updates. That will be coming in the near future. Director Powell: We had a small snow event this past weekend, and everything went fine. For the Public Works Maintenance Worker position that was posted, we had 43 applicants, which is fantastic, and we have a lot of options and excellent candidates to consider. That bodes well because we will be hiring another one of tho se positions in the summer, as well as a replacement for someone retiring. We expect the Well 5 retaining wall bids to be received sometime in February. This should be going out soon. We are also working on the winter EAB (Emerald Ash Borer) project, a large scale tree project that will be bid all at once this year. We had the 2024 Street Improvement final design kick-off, working toward final plans and specifications to be bid yet this spring. Director Omlid: We are planning to open the warming houses and outdoor rinks tomorrow. We have a warming house at Rambling River Park behind Dodge Middle School, and we rent a mobile mini at Distad Park. Planning to open tomorrow at 4 p.m. Director Sommerland: The audit process officially begins this week. The auditors will be here on Thursday and Friday. Page 11 of 122 Regular City Council Meeting Minutes of January 16, 2024 Page 8 of 8 Fire Chief Elvestad: We have started our recruitment process for paid on call Firefighters. Anyone interested can check out our website and Facebook page for all of our informational meetings or reach out to a Firefighter. Mayor Hoyt: We have had a lot of updates tonight and a lot of huge wins for the organization and the team but, ultimately, huge wins for the community and its residents and business owners. I hope people take time to realize the enthusiasm and the authenticity of the team. This is a new Farmington. We have worked and waited for so long to get to a period of time where we finally felt as though the progress is really taking place. 2024 is going to be unbelievable. The culmination of the work over the last few years is a testament to the tenacity, the drive, and the grit of the team that is now. I wish people saw more of that and not got caught up in so much of the noise. We have an amazing amount of work, great things that we did in 2023, it’s going to be even better in 2024, and I just couldn’t be prouder. It’s phenomenal and I look forward to it. Thank you very much for everything you’ve done and everything we’re going to do this year. 14. ADJOURNMENT Motion was made by Councilmember Bernatz and seconded by Mayor Hoyt to adjourn the meeting at 9:12 p.m. Motion carried: 5 ayes / 0 nays. Respectfully submitted, Shirley R Buecksler City Clerk Page 12 of 122 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Jared Johnson, Planning Coordinator Department: Community Development Subject: Zoning Ordinance Amendments to Title 10, Chapters 2 and 5 of the Farmington City Code Meeting: Regular Council - Feb 20 2024 INTRODUCTION: Staff is proposing another round of minor zoning ordinance amendments to Title 10, Chapters 2 and 5 of the Farmington City Code. DISCUSSION: At the November 2023 Planning Commission meeting, Staff presented a laundry list of minor zoning code amendments for discussion only. After receiving positive feedback, Staff brought forward some of these zoning code amendments for final approval from City Council at their January 16th meeting. Staff is bringing forward another round of zoning code amendments from that list, with this round focused on zoning districts and uses. A table is attached outlining the amendments with their rationale. The following is a summary of the proposed amendments:  Adding window tinting and service into the definition of “Auto Repair, Minor.”  Removing “Group homes, commercial” as an allowable use from the R-2 Low/Medium Density, R-3 Medium Density, and R-4 High Density residential zoning districts.  Increasing the maximum lot coverage from 25% to 40% in the B-1 Highway Business zoning district.  Adding “mixed use buildings” and “retail sales and services” as permitted uses in the B-1 Highway Business zoning district.  Replacing “retail facilities” with “retail sales and services” as a permitted use in the B-2 Downtown Business and B-3 General Business zoning districts. The 3,000 square foot requirement will also be removed from the B-3 General Business zoning district.  Replacing “Dwellings, multiple-family” with “Dwelling, apartment” as a conditional use in the SSMU Spruce Street Mixed Use zoning district.  Removing “hotels” as a conditional use in the MUCI – Mixed Use Commercial/Industrial zoning district.  Replacing “Dwellings, multi-family” with “Dwelling, apartment” as a conditional use in the MUCR Mixed Use Commercial/Residential zoning district.  Removing “retail sales and services, less than three thousand (3,000) square-feet” as a permitted use but keeping it as a conditional use without the 3,000 square-foot requirement in the MUCR Mixed Use Commercial/Residential zoning district. Page 13 of 122 BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the passage of Ordinance 2024-03, An Ordinance Amending Title 10, Chapters 2 and 5 of the Farmington City Code as it Relates to Edits to Zoning Districts and Uses. ATTACHMENTS: 2024-03 Amending Title 10 Zoning Districts and Uses Code Update Table - Feb Only Page 14 of 122 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE 2024-03 AN ORDINANCE AMENDING TITLE 10, CHAPTERS 2 AND 5 OF THE FARMINGTON CITY CODE AS IT RELATES TO EDITS TO ZONING DISTRICTS AND USES The City Council of the City of Farmington ordains: SECTION 1. Title 10, Chapter 2, Section 1 of the Farmington City Code is amended by adding the underlined language and deleting the strikethrough language as follows: 10-2-1: ZONING DEFINITIONS: AUTO REPAIR, MINOR: The replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body or fender work, minor painting and upholstering service; window tinting and service; or minor automotive service including changing oil and transmission fluid. SECTION 2. Title 10, Chapter 5, Sections 7, 8, 9, 11, 12, 13, 14, 15, and 16 of the Farmington City Code is amended by adding the underlined language and deleting the strikethrough language as follows: 10-5-7: R-2 LOW/MEDIUM DENSITY RESIDENTIAL DISTRICT: (C) Uses: 2. Conditional: Group homes, commercial. 10-5-8: R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT: (C) Uses: 2. Conditional: Group homes, commercial. 10-5-9: R-4 HIGH DENSITY RESIDENTIAL DISTRICT: (C) Uses: 2. Conditional: Group homes, commercial. 10-5-11: B-1 HIGHWAY BUSINESS DISTRICT: (B) Bulk And Density Standards: 1. Minimum Standards: Maximum lot coverage of all structures – 25 40% Page 15 of 122 Ordinance 2024-03 Page 2 of 3 (C) Uses: 1. Permitted: Mixed use building. Retail sales and services. 10-5-12: B-2 DOWNTOWN BUSINESS DISTRICT: (C) Uses: 1. Permitted: Retail facilities. Retail sales and services. 10-5-13: B-3 GENERAL BUSINESS DISTRICT: (C) Uses: 1. Permitted: Retail facilities, greater than three thousand (3,000) square feet. Retail sales and services. 10-5-14: SSMU SPRUCE STREET MIXED USE DISTRICT: (C) Uses: 2. Conditional: Dwellings, multiple-family. Dwelling, apartment. 10-5-15: MUCI – MIXED USE COMMERICAL/INDUSTRIAL DISTRICT: (C) Uses: 2. Conditional: Hotels and m Motels. 10-5-16: MUCR MIXED USE COMMERICAL/RESIDENTIAL DISTRICT: (C) Uses: 1. Permitted: Retail sales and services, less than three thousand (3,000) square feet. 2. Conditional: Dwellings, multi-family. Dwelling, apartment. Retail sales and services, greater than three thousand (3,000) square feet. Retail sales and services. SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available for inspection and without cost by any person at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. This ordinance includes the following changes relating to Title 10, Chapters 2 and 5: • Adding window tinting and service into the definition of “Auto Repair, Minor”. • Removing “Group homes, commercial” as an allowable use from the R-2 Low/Medium Density, R-3 Medium Density, and R-4 High Density residential zoning districts. • Increasing the maximum lot coverage from 25% to 40% in the B-1 Highway Business Page 16 of 122 Ordinance 2024-03 Page 3 of 3 zoning district. • Adding “mixed use buildings” and “retail sales and services” as permitted uses in the B-1 Highway Business zoning district. • Replacing “retail facilities” with “retail sales and services” as a permitted use in the B-2 Downtown Business and B-3 General Business zoning districts. The 3,000 square foot requirement will also be removed from the B-3 General Business zoning district. • Replacing “Dwellings, multiple-family” with “Dwelling, apartment” as a conditional use in the SSMU Spruce Street Mixed Use zoning district. • Removing “hotels” as a conditional use in the MUCI – Mixed Use Commercial/Industrial zoning district. • Replacing “Dwellings, multi-family” with “Dwelling, apartment” as a conditional use in the MUCR Mixed Use Commercial/Residential zoning district. • Removing “retail sales and services, less than three thousand (3,000) square-feet” as a permitted use but keeping it as a conditional use without the 3,000 square-foot requirement in the MUCR Mixed Use Commercial/Residential zoning district. SECTION 6. EFFECTIVE DATE. This ordinance shall be effective upon its passage and publication according to law. Passed by the City Council of the City of Farmington, Minnesota, this 20th day of February 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 17 of 122 CODE UPDATES (FEBRUARY) City Code Section Existing Language/Summary Proposed Change Comments/Rationale 10-2-1 Zoning Definitions – Auto Repair, Minor AUTO REPAIR, MINOR: The replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body or fender work, minor painting and upholstering service; or minor automotive service including changing oil and transmission fluid. AUTO REPAIR, MINOR: The replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body or fender work, minor painting and upholstering service; window tinting and service; or minor automotive service including changing oil and transmission fluid. Window tinting and service added due to a past zoning inquiry if the use could fall under “Auto Repair, Minor” 10-5-7, 10-5-8, and 10- 5-9 Conditional Uses in the R-2, R-3, and R-4 zoning districts “Group homes, commercial” are listed as conditional uses in these three districts. There is no definition for this use and staff finds the use irrelevant as there are two other group home uses in code. Remove “group homes, commercial” from conditional uses in the R-2, R-3, and R-4 zoning districts. Removing an irrelevant use from code 10-5-11, 10-5-12, 10-5- 13, 10-5-14, 10-5-15, and 10-5-16 Retail uses in the B-1, B-2, B-3, SSMU, MUCI, and MUCR zoning districts. There is no definition for “retail facilities” but is listed as a use in several zoning districts. This use is very similar to “retail sales and services” which has a definition and is listed as a use in several zoning districts. Retail facilities are listed as a permitted use in the B-1 and B-2 districts, and permitted if over 3,000 SF in the B- 3 district. Retail sales and services are listed as a permitted use in the SSMU and the MUCI districts, and permitted if under 3,000 SF in the MUCR district but conditional if over 3,000 SF. Consolidate the two uses into “retail sales and services” as the two uses are practically the same and there is an exiting definition. Retail sales and services would be permitted in B-1, B-2, B-3, SSMU, and MUCI but conditional in the MUCR. The 3,000 SF standard would be eliminated altogether. Consolidating and simplifying retail uses 10-5-15 MUCI – Mixed Use Commercial/Industrial District - Uses Permitted: Hotels Conditional: Hotels and motels Permitted: Hotels Conditional: Hotels and m Motels Remove contradicting language 10-5-14 (C) SSMU Spruce Street Mixed Use District - Uses Conditional: Dwellings, multiple-family Conditional: Dwellings, multiple family Dwelling, Apartment “Dwellings, multiple-family” was replaced with “Dwelling, Apartment” in 2021. 10-5-16 (C) MUCR –Mixed Use Commercial/ Residential District – Uses Conditional: Dwellings, multiple-family Conditional: Dwellings, multiple family Dwelling, Apartment “Dwellings, multiple-family” was replaced with “Dwelling, Apartment” in 2021. Pa g e 1 8 o f 1 2 2 CODE UPDATES (FEBRUARY) 10-5-11 B-1 Highway Business District – Lot Coverage Maximum lot coverage of all structures – 25% Maximum lot coverage of all structures – 2540% This was a missed code change/recommendation from the Highway 3 Overlay Plan 10-5-11 B-1 Highway Business District - Uses Mixed use buildings are not permitted in the B-1 district Add mixed use buildings as a permitted use in the B-1 district This is a popular redevelopment use that could help enhance the Highway 3 corridor Pa g e 1 9 o f 1 2 2 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Payment of Claims Meeting: Regular Council - Feb 20 2024 INTRODUCTION: Attached is the list of check and electronic payments for the period of 01/31/2024-02/13/2024 for approval. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve payment of claims. ATTACHMENTS: Council Summary Payment of Claims 02-20-2024 Page 20 of 122 CLAIMS FOR APPROVAL 01/31/2024 ‐ 02/13/2024: CHECK PAYMENTS 420,572.94$           ELECTRONIC PAYMENTS 448,356.41$           TOTAL 868,929.35$           The City Council receives a detail list of claims paid that is available to  the public upon request.  CITY OF FARMINGTON SUMMARY PAYMENT OF CLAIMS February 20, 2024 Page 21 of 122 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Justin Elvestad, Fire Chief Department: Fire Subject: Out of State Travel to Attend Fire Department Instructors Conference Meeting: Regular Council - Feb 20 2024 INTRODUCTION: A request to send Fire Department personnel to out of state training in accordance with City of Farmington policy. DISCUSSION: The Fire Department Instructors Conference (FDIC) is the largest fire service training and trade show event in the United States and will be held in Indianapolis, Indiana, April 15-20, 2024. World class instructors will provide classroom and hands-on training opportunities throughout the week. In addition, every kind of new technology in the fire and emergency medical services field will be displayed during the trade show with access to the inventors, engineers, manufacturers, and sales representatives of products we utilize day in and day out. Deputy Chief Matt Price, Crew Leader Gary Francis, and Crew Leader Mary Olson would like to attend the conference. They all are involved in training Firefighters on our department and at our fire academy. This conference would benefit the department by having them attend. Anything they learn will be brought back to training our Firefighters. BUDGET IMPACT: These expenses have been budgeted for and are available in our operating budget. ACTION REQUESTED: Approve the request to send Matt Price, Mary Olson, and Gary Francis to Fire Department Instructors Conference April 15-20, 2024, in Indianapolis, Indiana, and reimburse expenses according to City policy. Page 22 of 122 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Justin Elvestad, Fire Chief Department: Fire Subject: Purchase of Medical Chest Compression Device Meeting: Regular Council - Feb 20 2024 INTRODUCTION: Early area. service the throughout emergencies to responds Department Fire The medical intervention on serious medical emergencies such as cardiac arrests is crucial in the survival of a patient. The Fire Department carries advanced lifesaving equipment and would like to add another one. The Defibtech EMS Lifeline ARM XR is an automated chest compression device. For CPR to be effective, chest compressions must be performed at the proper rate and depth. Doing this manually can fatigue Firefighters in as little as 1-2 minutes. This unit performs perfect chest compressions without fatigue at the proper rate and depth. It also allows Firefighters to accomplish other tasks during these incidents to help with lifesaving efforts, especially with smaller crews. DISCUSSION: Staff has researched different automated chest compression devices and discussed with our medical director. Staff would like to purchase two Defibtech EMS Lifeline ARM ACC, spare batteries, and battery chargers. The cost of this equipment is $27,259.00 this will be funded by donations from the Farmington Firefighters Relief Association. BUDGET IMPACT: There is no budget impact, this will be funded by donated money. ACTION REQUESTED: Approve the purchase of two Defibtech Lifeline Arm XR, two spare batteries, and two battery chargers. Page 23 of 122 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Memorandum of Understanding with Law Enforcement Labor Services (LELS) Local #387 Meeting: Regular Council - Feb 20 2024 INTRODUCTION: Approve the Memorandum of Understanding with the LELS Sergeants group regarding how unused personal time off (PTO) is paid out to the employee upon separation or resignation. DISCUSSION: The LELS Sergeants group has asked the City to consider a Memorandum of Understanding which would defer either 50% or 100% of the members unused PTO to a Health Care Savings Account upon resignation or retirement. Staff is supportive of this change. LELS understands this change needs to remain in effect for two years per IRS regulations. BUDGET IMPACT: Not applicable. ACTION REQUESTED: Approve the Memorandum of Understanding with Law Enforcement Labor Services, Local #387. ATTACHMENTS: PTO Payout MOU 02.2024 Page 24 of 122 Page 25 of 122 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Staff Changes and Recommendations Meeting: Regular Council - Feb 20 2024 INTRODUCTION: Approve the following appointments of Isaac Scherbel and Dane Tukua for hire. DISCUSSION: The 2024 budget included two new Public Works Operator positions. Staff are recommending Isaac Scherbel be hired as a Public Works Worker. Isaac has a degree as an electrical line worker and has worked for Dakota County Transportation for several years. He will bring significant relevant work experience to the city. Isaac's start date is February 21, 2024. We are excited to bring the hire of Officer Dane Tukua. Dane previously was an officer for the Farmington Police Department. Dane Tukua will be starting with the Police Department on Feb. 27, 2024. BUDGET IMPACT: Wages are included in the 2024 budget. ACTION REQUESTED: Approve the appointment of Isaac Scherbel as a Public Works Worker and Dane Tukua as a Police Officer. Page 26 of 122 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Agreement with South-Town Refrigeration & Mechanical for Gas Line Reroute at Schmitz-Maki Arena Meeting: Regular Council - Feb 20 2024 INTRODUCTION: The Schmitz-Maki Arena (Arena) has an above the ground gas line that tees off the two roof top units that provide heat to locker rooms 5 and 6 and dehumidification to the facility. DISCUSSION: In January 2023, snow fell off the Arena roof severing the above the ground gas line. Staff explored several options to fix this, so that damage like this wouldn’t happen again to the gas line. A viable and most cost-effective solution was to run the gas line tight to the building. Staff contacted three commercial HVAC and mechanical companies for proposals for the gas line reroute; all three submitted a quote. South-Town Refrigeration & Mechanical submitted the lowest quote. South-Town Refrigeration & Mechanical is going to reroute the above the ground gas line, which includes demolition of the existing gas line, running new gas line tight to the building, and teeing off the two roof top units. Please see attached proposal for additional details on the gas line reroute. The City Attorney reviewed the attached agreement and found it to be acceptable. BUDGET IMPACT: The cost for South-Town Refrigeration & Mechanical’s work to reroute the gas line is $6,886. Funding of $5,000 will be through the donation Minnesota Energy Resources, in partnership with Wisconsin Public Service Foundation, recently made to the Arena to complete this project. The remaining $1,886 will be funded through the Arena’s Building Repair / Maintenance Fund. ACTION REQUESTED: Approve the attached agreement with South-Town Refrigeration & Mechanical for an above the ground gas line reroute at the Arena in the amount of $6,886. ATTACHMENTS: Agreement with South-Town Refrigeration & Mechanical for Gas Line Reroute Page 27 of 122 February 5, 2024 City of Farmington Schmitz-Maki Arena 114 Spruce Street Regarding: Gas line re-route above ground PRICE INCLUDES: 1. Demolition of existing gas line 2. Run new gas line tight to building and tee off to 2 rooftops (RTU) 3. Hangers for piping ran against building 4. Piping to be galvanized 5. Provide roof bucks to set on ground for piping to run from building to RTU 6. Connection to existing gas regulators at 2 RTU’s located on ground 7. Start and test of RTU’s 8. Permit and pressure tests. Pressure test to be by soap bubble test since this is a changeover job where heat is need. 9. Taxes 10. Work to be completed within 30 days of fully executed contract. TOTAL PRICE: $6,886.00 Notes: 1. There will be periods of no heat while work is taking place. 2. Pricing is valid for 30 days from date of quote. 3. All labor is to be performed 6:00 am – 3:30 pm M-F unless otherwise noted 4. Chilled water supplied and connected by others 5. We do not have included in our price any alterations or repairs to utilities or private, unmarked utilities that may become damaged or need alterations as part of this work. 6. City of Farmington to provide access to space including removal of section of fence (if needed). Thank you for the opportunity to supply you with a quote on this project. Please call with any questions regarding this project. Sincerely, Jake Stoefen Jake Stoefen 651-396-3617 X Customer Signature & Date X Customer Signature & Date Page 28 of 122 STRM Quote Declarations The above quoted prices do not include: * Electrical wiring * Control wiring * Plumbing * Roof work and penetrations * Structural work * Roof flashing * Premium time * HVAC Design & modifications * Engineered Drawings * Pipe Boxes or Roof Curbs * Concrete cutting, coring & patching * Normal cleaning & maintenance City of Farmington and STRM Mutually Agreed upon Notes Any changes in the scope of the work which may result in an increase to the compensation due to STRM shall require prior written approval by the 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. a. Prior to starting the work, STRM shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by STRM 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. STRM shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation: Statutory Limits Commercial General Liability$1,000,000-property damage and bodily injury per occurrence $1,000,000-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. STRM must complete the Services by 3/30/2024. 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. STRM is an independent contractor. STRM shall be exclusively responsible for STRM's own FICA payments, workers compensation payments, unemployment insurance payments, withholding amounts, and/or self-employment taxes if required. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to STRM at the address on file with the City. In providing services hereunder, STRM shall abide by the professional standard of care statutes, ordinances, rules, and regulations pertaining to the services to be provided. STRM shall not enter subcontracts for services provided under this Agreement without the express written consent of the City. STRM shall comply with Minnesota Statute § 471.425. STRM must pay subcontractors for all undisputed services provided by subcontractor within ten (10) days of STRM's receipt of payment from City. STRM 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. Page 29 of 122 STRM shall indemnify and hold harmless the City, its officers, 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 STRM, its agents, contractors and employees, or any negligent act or omission performed, taken or not performed or taken by STRM, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold STRM harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 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. End of City of Farmington and STRM Mutually Agreed Upon Notes Warranty Statement In all cases, unless otherwise noted, equipment manufacturer’s warranties will apply and be honored by STRM and it is the customer’s responsibility to be aware of warranty time periods and start dates. Food product is the customer’s responsibility and is not covered under any warranty. All manufacturers have strict guidelines on how to operate and maintain their equipment. It is very important the owner/operator familiarizes themselves with the manufacturer’s owner’s manuals that are provided with the equipment when delivered. If the owner/operator need s additional information or is unclear on use of equipment STRM will assist with this or provide additional training. Manufacturer’s warranties will be void if owner/operator use equipment in a manner that is inconsistent with operation manual. When dealing with equipment that is not serviced by STRM, it is up to the owner/operator to contact manufacturer to get an approved service agent for equipment in question. Warranty claims need to be handled between end user and manufacturer for proper coverage of warranty. STRM is not responsible for manufacturer warranty policies • New equipment:____1_____Labor_____1_________Parts Per manufacturer – typical 1 year parts • Existing and owner provided equipment – No warranty Notice of Mechanic’s Lien Rights (A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. Notes: - Electrical information or plan is not an engineered design, it is provided in good faith and is for electrical contractor to design, not for bidding or building purposes - Lost product/business due to any refrigeration malfunction is the owner's responsibility as temp checks are owner’s responsibility. - Installation prices can vary depending upon what equipment is purchased. - Any alteration or deviation from above specifications involving extra costs will be above the estimate. - Installation is also dependent upon contractor being ready at job site upon our arrival. This correlates closely with all other trades working on the project. - All work to be completed in a workmanlike manner according to standard practices. - This agreement is contingent upon accidents or delays beyond our control. - Owner is to carry necessary construction insurance. *All freight delivered to site must be checked in by owner or owner's representative. Any damage must be noted on the bill o f lading. After receipt all equipment becomes the owner's full responsibility. *By accepting this proposal, owner accepts financial liability for engineering, drawings, cancellation fees and any other costs incurred in the project process. *Pricing is valid for 30 days from date of quote. Page 30 of 122 Page 31 of 122 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Resolution Accepting Donation from Michelle Bade to the Rambling River Center Meeting: Regular Council - Feb 20 2024 INTRODUCTION: Michelle Bade recently gave a donation to the Rambling River Center (RRC). DISCUSSION: Michelle Bade won $100 from the RRC and Farmington Rotary raffle. Instead of taking the prize money, she donated the $100 back to the RRC. The donated money will be placed in the RRC Capital Improvement Fund, so it may either be used for future building improvements and/or to purchase new equipment or furniture. Staff will communicate the City’s appreciation on behalf of the City Council to Michelle Bade for this generous donation. ACTION REQUESTED: Adopt Resolution 2024-20 Accepting a Donation of $100 from Michelle Bade to the Rambling River Center. ATTACHMENTS: 2024-20 Accepting $100 from Michelle Bade Page 32 of 122 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-20 A RESOLUTION ACCEPTING A DONATION OF $100 FROM MICHELLE BADE TO THE RAMBLING RIVER CENTER WHEREAS, the City of Farmington is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts, as allowed by law; and WHEREAS, the following persons and entities have offered to contribute to the City: Michelle Bade has donated $100 to the Rambling River Center; and WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City Council hereby accept with gratitude the generous donation of $100 from Michelle Bade to the Rambling River Center. Adopted by the City Council of the City of Farmington, Minnesota, this 20th day of February 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 33 of 122 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Gary Rutherford, Police Chief Department: Police Subject: Minnesota ICAC Joint Powers Agreement Meeting: Regular Council - Feb 20 2024 INTRODUCTION: The Farmington Police Department seeks to enter into a Joint Powers Agreement (JPA) with the State of Minnesota to become an affiliate agency to the Minnesota Internet Crimes Against Children (ICAC) Task Force. DISCUSSION: The Minnesota ICAC Task Force serves as central reporting source for online child sexual exploitation and abuse. By agreeing to become an affiliate agency, we are agreeing to work ICAC investigations where we have jurisdictional authority. By entering into this JPA, the Farmington Police Department will experience a number of benefits, such as:  Access to excellent training that is not available to non-affiliated agencies;  Access to funding for training and some other costs to get affiliated detectives needed technical training;  Access to specialized equipment if needed for an investigation;  Access to assistance from ICAC analysts for subpoenas and preservation requests related to cybertips; and  Most importantly, a quicker response and investigation into these terrible cases. The City Attorney's Office reviewed the standard ICAC JPA and recommended just a couple of very minor modifications which were agreed to by representatives from the State. BUDGET IMPACT: There is no cost associated with this JPA; therefore, there is no budget impact. ACTION REQUESTED: Staff recommends approval of the attached Joint Powers Agreement and Resolution 2024-23 Authorizing a State of Minnesota Joint Powers Agreement with the City of Farmington on Behalf of its Police Department Regarding the Minnesota Internet Crimes Against Children Task Force (ICAC). ATTACHMENTS: MN ICAC- Farmington PD JPA Page 34 of 122 2024-23 Approving JPA, Minnesota Internet Crimes Against Children Task Force (ICAC) Page 35 of 122 SWIFT Contract Number: 242090 ORI: MN0190200 1 ICAC JPA Template (revised March 2020) STATE OF MINNESOTA JOINT POWERS AGREEMENT MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE This Joint Powers Agreement (“Agreement”) is between the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension (“BCA”), and the “City of Farmington, a Minnesota municipal corporation on behalf of its Police Department at 430 Third Street Farmington, MN 55024” (“Governmental Unit”). Recitals Under Minnesota Statutes, § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. The parties wish to work together to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in these activities. The Governmental Unit wants to participate in the Minnesota Internet Crimes Against Children (ICAC) Task Force and be provided reimbursement of the following: equipment, training, and expenses (including travel and overtime) as are incurred by law enforcement as a result of ongoing investigations. Agreement 1. Term of Agreement 1.1 Effective Date. This Agreement is effective on the date BCA obtains all required signatures pursuant to Minnesota Statutes, § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective unless terminated earlier pursuant to clause 12. 2. Purpose The Governmental Unit and BCA enter into this Agreement to implement a three-pronged approach of prevention, education and enforcement to combat internet crimes against children. This Agreement provides the mechanism to reimburse the Governmental Unit for equipment, training and expenses (including travel and overtime), which are incurred by law enforcement as a result of these investigations. 3. Standards The Governmental Unit will adhere to the ICAC Program standards identified below. 3.1 Investigate activities related to internet crimes and the exploitation of children through the use of computers. 3.2 Investigate organizations to disrupt and dismantle crimes committed against children. 3.3 Investigators will follow appropriate state and/or federal laws in obtaining arrest warrants, search warrants and civil and criminal forfeitures. Investigators will follow proper legal procedures in securing evidence, including electronic devices. 3.4 Investigators will understand and use appropriate legal procedures in the use of informants including documentation of identity, monitoring of activities, and use and recordation of payments. 3.5 Investigators will use, as appropriate, the most current investigative technologies and techniques. Page 36 of 122 SWIFT Contract Number: 242090 ORI: MN0190200 2 ICAC JPA Template (revised March 2020) 3.6 Investigators must be licensed Minnesota peace officers. 3.7 Investigators will comply with the guidelines of the Department of Justice Internet Crimes Against Children Program Operational and Investigative Standards. 4. Responsibilities of the Governmental Unit and the BCA 4.1 The Governmental Unit will: 4.1.1 Assign a Governmental Unit point of contact to act as the liaison between it and the BCA ICAC Project Commander to assist in reimbursement deadlines. 4.1.2 Submit an ICAC reimbursement request for pre-approval of funds. This request shall include a description of the item requested for reimbursement and an explanation of how it qualifies under the required criteria in Clauses 3.1 and 3.2 and an operational plan. 4.1.3 Conduct investigations in accordance with provisions of the ICAC Operational and Investigative Standards, identified in Clause 3.7 above, and conclude the investigations in a timely manner. 4.1.4 Allow BCA to inform participating agencies of potential case connections based on data submitted to BCA through the ICAC Program. 4.1.5 Not comingle ICAC funds with any other existing federal or state grant funded overtime or additional local Governmental Unit funding. 4.2 The BCA will: 4.2.1 Provide a Senior Special Agent who will serve as the Commander of the Task Force. 4.2.2 Review and approve or decline reimbursement requests under clause 4.1.2 within seven (7) business days of the reimbursement request. 4.3 Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by a Governmental Unit acting through its employees. 5. Payment 5.1 To receive reimbursement for an expense, Governmental Unit must make a request for reimbursement to the BCA Authorized Representative under the required criteria for operational and investigative standards. 5.2 To receive approved reimbursement, Governmental Unit must submit an expense form no later than 15 business days after the end of the month during which the expense is incurred. 5.3 The BCA will pay the Governmental Unit within thirty (30) calendar days of the submission of the expense form. 5.4 In the event Governmental Unit breaches this Agreement, it will not be eligible to receive reimbursement for any expenses. 6. Authorized Representatives The BCA’s Authorized Representative is the following person or his successor: Name: Bobbi Jo Pazdernik, Commander of MN ICAC Address: Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Street East Saint Paul, MN 55106 Telephone: 651-793-7000 E-mail Address:bobbijo.pazdernik@state.mn.us The Governmental Unit’s Authorized Representative is the following person or his/her successor: Name Christopher Lutz, Sergeant Address: Farmington Police Department 19500 Municipal Dr, Farmington, MN 55024 Telephone: 651-280-6734 E-mail Address:clutz@farmingtonmn.gov If the Governmental Unit’s Authorized Representative changes at any time during this Agreement, the Governmental Unit must immediately notify the BCA. Page 37 of 122 SWIFT Contract Number: 242090 ORI: MN0190200 3 ICAC JPA Template (revised March 2020) 7. Assignment, Amendments, Waiver, and Agreement Complete 7.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this Agreement. 7.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3 Waiver. If the BCA fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 7.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8. Liability The BCA and the Governmental Unit agree each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The BCA’s liability shall be governed by provisions of the Minnesota Tort Claims Act, Minnesota Statutes, § 3.736, and other applicable law. The Governmental Unit’s liability shall be governed by provisions of the Municipal Tort Claims Act, Minnesota Statutes, §§ 466.01-466.15, and other applicable law. 9. Audits Under Minnesota Statutes, § 16C.05, subdivision 5, the Governmental Unit’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA and/or the State Auditor and/or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement. 10. Government Data Practices The Governmental Unit and the BCA must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 and other applicable law, as it applies to all data provided by the BCA under this Agreement and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 11. Venue The venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12. Expiration and Termination 12.1 Either party may terminate this Agreement at any time, with or without cause, upon 30 days written notice to the other party. To the extent funds are available, the Governmental Unit shall receive reimbursement in accordance with the terms of this Agreement through the date of termination. 12.2 In the event that federal funding is no longer available, the BCA will email the Governmental Unit’s Authorized Representative and terminate the Agreement. The termination will be effective two (2) business days after email notification to the Governmental Unit; and the Governmental Unit shall receive reimbursement in accordance with the terms of this Agreement through the date of termination. Page 38 of 122 SWIFT Contract Number: 242090 ORI: MN0190200 4 ICAC JPA Template (revised March 2020) 13. Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: 8, Liability; 9, Audits; 10, Government Data Practices; and 11, Venue. The parties indicate their agreement and authority to execute this Agreement by signing below. 1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY; BUREAU OF CRIMINAL Individual certifies that funds have been encumbered as APPREHENSION required by Minnesota Statutes §§ 16A.15 and 16C.05. Signed: ______________________________________________ By: _______________________________________________ (with delegated authority) Date: ________________________________________________ Title: Deputy Superintendent, Investigations_____________ SWIFT PO Number: 3000085301 Date: ______________________________________________ 2. GOVERNMENTAL UNIT 4. COMMISSIONER OF ADMINISTRATION Governmental Unit certifies that the appropriate person(s) has(have) As delegated to the Office of State Procurement executed this Agreement on behalf of the Governmental Unit and its jurisdictional government entity as required by applicable articles, laws, by-laws, resolutions or ordinances. By: _________________________________________________ By: ________________________________________________ Title: Sergeant________________________________________Date: ______________________________________________ Date: _______________________________________________ By: _________________________________________________ Title: Mayor_____________________________________ Date: _______________________________________________ By: _________________________________________________ Title: City Clerk___________________________________ Date: _______________________________________________ Page 39 of 122 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-23 A RESOLUTION AUTHORIZING A STATE OF MINNESOTA JOINT POWERS AGREEMENT WITH THE CITY OF FARMINGTON ON BEHALF OF ITS POLICE DEPARTMENT REGARDING THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (ICAC) WHEREAS, the City of Farmington, on behalf of its Police Department, desires to enter into a Joint Powers Agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension, to utilize applicable state and federal laws to investigate and prosecute crimes committed against children and the criminal exploitation on children that is committed and/or facilitated by or through the use of computers. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council as follows: 1. That the State of Minnesota Joint Powers Agreement, by and between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, and the City of Farmington, on behalf of its Police Department, is hereby approved. A copy of the Joint Powers Agreement is attached to this resolution and made a part of it. 2. That Sergeant Christopher Lutz, or his successor, is designated as the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 3. That the Farmington Mayor and City Clerk are authorized to sign the State of Minnesota Joint Powers Agreement. Adopted by the City Council of the City of Farmington, Minnesota, this 20th day of February 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 40 of 122 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Jim Constantineau, Deputy Police Chief Department: Police Subject: Resolution Declaring Surplus Property Meeting: Regular Council - Feb 20 2024 INTRODUCTION: The Police Department is requesting the authorization to dispose of three vehicles. DISCUSSION: Three squads are no longer in service and have been replaced. They are a 2013 Ford Interceptor Sedan, a 2017 Chevrolet Tahoe, and a 2018 Chevrolet Tahoe. BUDGET IMPACT: The proceeds of the sale will be used to fund the Police Department Leasing Plan. ACTION REQUESTED: Adopt Resolution 2024-22 Declaring Items as Surplus and Authorizing Disposal. ATTACHMENTS: 2024-22 Declaring Property Surplus - Police Vehicles Page 41 of 122 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-22 A RESOLUTION DECLARING ITEMS AS SURPLUS AND AUTHORIZING DISPOSAL WHEREAS, the Police Department is requesting authorization to dispose of the following vehicles that are no longer in use due to the condition of the vehicles and is requesting to dispose of the vehicles by sale at auction with funds being deposited into the Vehicle Equipment Fund: 2013 Ford Interceptor Sedan VIN: 1FAHP2M84DG132286 2017 Chevrolet Tahoe VIN: 1GNSKFEC5HR347556 2018 Chevrolet Tahoe VIN: 1GNSKDEC6JR357233 NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the above listed items are declared surplus and authorize their disposal with any proceeds to be placed into the Vehicle Equipment Fund. Adopted by the City Council of the City of Farmington, Minnesota, this 20 th day of February 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 42 of 122 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: OpenGov Fleet Asset Management Software Meeting: Regular Council - Feb 20 2024 INTRODUCTION: The software previously used to manage the City's fleet of vehicles and equipment, Jet Fleet, is no longer supported. Over the past year or so, Public Works Staff have been considering options for replacing this software with a different system. The recommended system is the Fleet Asset Management software from OpenGov. DISCUSSION: There are many tools available when considering active management of equipment and vehicle assets, ranging from a simple spreadsheet to a variety of software options. Considering options for Farmington included many steps, including:  Review of Local Road Research Board Report 2017RIC01 which includes a comprehensive review of tools used by local agencies.  Contact with other Dakota County communities to identify tools they use for fleet management.  City Staff visiting the Cities of Prior Lake and Savage to meet with their Mechanics to review their active use of the OpenGov software and discuss benefits and challenges.  Demonstrations by OpenGov on their fleet management software. Based on all of our research, Staff is recommending purchase of the OpenGov Fleet Asset Management Software. Cartegraph, a company that had developed and supported infrastructure asset management programs for about 30 years, was recently purchased by OpenGov. Staff has had direct experience in the purchase, implementation, and ongoing use of the Cartegraph software and found it to be a powerful and easy to use tool. Attached are several documents that provide additional background on OpenGov and the proposed costs:  Project Plan Letter and Partnership Investment Summary  Statement of Work  Master Services Agreement  Order Form Primary reasons for selecting this software for fleet management:  The ability to also use it for management of street sign and other assets. Eventually, the ICON pavement asset management data and function may be incorporated directly into OpenGov.  Many other nearby Cities use it extensively, providing a local user group as a support Page 43 of 122 resource.  OpenGov's commitment to leading the transfer of existing data in Jet Fleet to their software, reducing the workload for City Staff.  The ability to directly tie in the Fuelmaster fueling system in the future.  The flexibility in tailoring the software use "dashboard" to our Mechanic's needs and preferences.  Past positive experience in implementing Cartegraph software. The attached Statement of Work and other documents have been prepared consistent with our discussions with OpenGov. Approval is subject to final review by the City Attorney. BUDGET IMPACT: As detailed on the Order Form and other documents, immediate and future costs for OpenGov Fleet Asset Management software is as follows: 2024: $45,546 which includes an initial software cost of $13,800; and configuration, setup, data transition, and on-site training costs of $31,746. The on-site training can be eliminated if the city finds it unnecessary. 2025: $14,490 software annual subscription 2026: $15,214.50 software annual subscription $32,644.04 is available for Public Works asset management software in the IT fund. This will be used to pay for the initial configuration, setup, data transition, and on-site training. The annual subscription costs will be funded via Fleet Operations and Street Maintenance. ACTION REQUESTED: Authorization to purchase the OpenGov Fleet Asset Management software and enter into the Master Services Agreement. ATTACHMENTS: City of Farmington, MN Plan Letter City of Farmington, MN_SOW_PS-05294_V2_2.8.2024 City of Farmington, MN - EAM v1 OpenGov MSA V.2 Page 44 of 122 Page 45 of 122 Table of Contents Executive Summary 1 Why Cartegraph Asset Management?3 Core Functionality 4 Assets 4 Work 8 Create,assign,and track tasks from anywhere with a truly mobile workforce 8 Work Management 8 Resources 13 Estimate,assign,and track labor,equipment,materials and vendors.13 Infrastructure Planning 17 Analytics &Reporting 19 Add-Ons 21 Platform 22 Solution Domains 25 Transportation 26 Qualifications &Experience 27 Awards &Credentials 28 Company History 29 Customer Stories 30 Minnesota Partners 34 Professional Services Overview 35 Support Overview 39 Functional Training 41 Cartegraph Campus 42 Partnership Investment Summary 44 Confidential &Proprietary Information -DO NOT DISCLOSE Page 46 of 122 City of Farmington,MN 430 3rd St Farmington,MN 55024 RE:Project Plan Letter Cartegraph Asset Management Dear City of Farmington,MN team, On behalf of OpenGov,we are excited about the opportunity to partner with the City of Farmington, MN by proposing OpenGov Cartegraph Asset Management (Asset Management),the industry ’s most user-friendly cloud-based integrated asset management and work order management solution that has helped hundreds of state and local governments,utilities,and parks to better manage their assets,track work,spend smarter,and drive results.The enclosed proposal details how we will similarly work with you,delivering: ●A comprehensive asset management solution with an easy-to-use interface ●A cloud-based solution that securely stores and receives data,available to any person at any time ●A mobile-enabled solution that allows facility staff to spend less time filling out paperwork and more time doing the work that matters ●A “one stop shop”ser vices experience that will support the City of Farmington,MN during implementation,go-live,and beyond Asset Management is more than just an asset and work order management system.We’re a company devoted to your success throughout your high-performance government journey:an experienced implementation team who will take the time to learn your processes and share best practices,a support team that gets rave reviews and unmatched first-call resolution,a customer success team who checks in and offers practical advice for continued improvement,and a products team that uses customer feedback to shape ever y release. We are on a mission to power more effective and accountable government,and we seek to produce long-term partnerships with the communities we serve.We look forward to putting our entire organization behind the City of Farmington,MN to ensure this engagement exceeds expectations.I look forward to meeting with you and your team very soon. Sincerely, Elliott Pipkin Account Executive epipkin@opengov.com (331)425-0242 Confidential &Proprietary Information -DO NOT DISCLOSE Page 47 of 122 Executive Summary OpenGov is proposing Cartegraph Asset Management for consideration.We look for ward to demonstrating how our solution will meet and exceed your needs and expectations. We understand that the City of Farmington,MN is a growing area in Minnesota and we can appreciate the volume of people in your town and the stress it can take on fleet and transportation-related assets. Managing these assets can be a daunting challenge.Identifying and locating the individual assets alone requires detailed and comprehensive record processes.What is equally complicated is the ability to track maintenance activities and their associated costs.We appreciate the responsibility required with moving from a combination of forms,spreadsheets,and older technology to modern software that addresses these challenges. OpenGov is in the business of helping government agencies become high performing.More than just a software provider,we are a client-centric organization demonstrating a passion for helping you solve real government problems with real experience.Asset Management has helped many dozens of cities like yours move forward toward becoming high performing.We only provide solutions designed to manage asset infrastructure,improve asset performance and condition in a fiscally responsible way,and improve the value of those assets. Confidential &Proprietary Information -DO NOT DISCLOSE 1 Page 48 of 122 As highlighted in our proposal,we will provide to you: ●Technical capabilities to meet your needs.In addition to full enterprise asset management,Asset Management provides deep inspection capabilities and the industr y ’s best reporting and executive dashboard capabilities.Information is available across the enterprise and available to those who need it,whenever they need it.This reduces the cost associated with “looking”for information and provides asset transparency across the organization. ●Mobile solution that mobile crews will use.Asset Management’s mobile app,Cartegraph Asset Management,is designed specifically for those in the field.Data entr y is clear and easy,encouraging mobile crews to use the tools to make them more productive.As a native mobile app in the App Store or Google Play for your phone or tablets,Asset Management’s mobile app has the features of your mobile device built in: ○GPS:Know exactly where you are at in relation to your infrastructure ○Camera:Take a before and after picture of work performed ○Attachments:Attach and view pictures,documents,videos,and links ●Consultative and collaborative client service experience.Our relationship does not cease upon software purchase.It’s actually the beginning.Our in-house team will design and implement your EAMS to your specifications.We will train your team on the effective use and best practices of the solution,with post-implementation support including a client success team for strategic consultation,and a help desk to answer users’daily questions. The City of Farmington,MN will receive a solution that can meet your asset management needs and move Farmington forward as a leader in managing infrastructure.We look forward to working with you on your high-performance journey. Confidential &Proprietary Information -DO NOT DISCLOSE 2 Page 49 of 122 Why Cartegraph Asset Management? Cartegraph Asset Management delivers deep work order and inspection capabilities,a comprehensive mobile solution,inventory management from multiple locations,facility/equipment management,and strong reporting dashboards.Relevant information is available across the enterprise and delivered to stakeholders appropriate to their needs. ●Build an inventory of all your asset needs ●Create tasks to maintain your assets ●Track labor,equipment,materials,and overall costs ●Inspect your assets proactively,giving you visibility on how your equipment is performing ●Integrate seamlessly with GIS,finance,and other systems you already own ●Use the data for budget proposals ●Set up preventative maintenance schedules and use automations to save time in your day ●Monitor performance with easy-to-use dashboard gadgets ●Plan for the future with proactive work plans and budgeting tools Trusted by Leading Governments Salt Lake City,UT Frederick County,MD Cobb County,GA City of Santa Barbara, CA Bay County,FL Newcastle,WA City of Pittsburgh,PA Penn State University, PA “The Cartegraph support team has been super supportive in everything that we’ve done.They actually try to implement the things that we suggest.I’ve never seen a company that actually is this responsive to ideas that their customers have.This has been the most effective way for us to perform asset management at a high level.”-Salt Lake City,Utah Confidential &Proprietary Information -DO NOT DISCLOSE 3 Page 50 of 122 Core Functionality Assets Know what you have,where it is,and what condition it’s in Asset Management Create a full and comprehensive inventor y of all your assets with Cartegraph Asset Management, which provides for multi-site,multi-organization and multi-level asset tree capabilities,enabling users to create asset hierarchy for searching,tracking,and managing assets across locations or portfolios.Asset management functionality lets the City of Farmington,MN track any asset type including playgrounds,play structures,trees,trails,signs,fleet,and facilities. All asset applications also integrate with Asset Management’s work management functionality to associate work activities,costs,and resources.Key features include: ●Uniquely identify and quickly create any asset ●View asset hierarchy ●View floorplans of facilities and drill down to see additional detail ●Document inspection results and calculate asset conditions ●Estimate the remaining life of assets Confidential &Proprietary Information -DO NOT DISCLOSE 4 Page 51 of 122 ●View graphs of the actual and predicted performance of individual assets ●Review cost to maintain assets based on completed work ●Add and view attachments ●View asset details to see an automated total cost to maintain an asset ●Use container/component relationship to manage assets within assets ●Set up preventative maintenance schedules on assets to trigger work automatically based on condition,time,and usage GIS Integration Cartegraph Asset Management is a 100%GIS-centric solution.This means that Cartegraph Asset Management and Esri work seamlessly together,combining your organization’s existing GIS web maps and asset inventories with rich operations and asset management functionality.If you have data in one system,but not the other,the integration will fill your missing pieces. Esri has developed a set of partner specialties to help their users find the best software and service providers to fit their needs.Asset Management has given GIS-centric specialties and designations that are highly sought-after in our customer database. Confidential &Proprietary Information -DO NOT DISCLOSE 5 Page 52 of 122 Asset Management’s Esri Specialty… …and Its Benefit to the City of Farmington,MN Asset Management works as seamlessly with ArcGIS Online as it does with ArcGIS Enterprise,shown by our experience and track record with existing users. With 25+years of experience working with government customers on asset management,work management,and overall infrastructure operations,we have the expertise to develop,configure,and implement ArcGIS-friendly solutions.Asset Management combines domain experience and intimate ArcGIS system knowledge to set up the City of Farmington,MN for success. Asset Management’s solutions are built to manage every infrastructure asset:indoors,outdoors,above,and below ground.Our suite of tools and expertise will help the City of Farmington,MN get more effective, ecient,and productive results from their facility operations efforts. We update our solution on all new releases within the ArcGIS system, so the City of Farmington,MN will not need to wait on Asset Management before upgrading their enterprise ArcGIS to the latest offerings. The ArcGIS Marketplace features products and services that embed and extend the capabilities of ArcGIS in a million different ways.Asset Management offers a range of infrastructure management solutions that empower the City of Farmington,MN to do more with their maps and GIS data. “Partners like Cartegraph are critical to providing deep,effective solutions for customers.They extend Esri’s powerful platform technology to deliver valuable and meaningful business solutions.We are pleased to play a key role in extending Cartegraph’s robust ‘under the roof’offerings to provide a truly comprehensive solution for infrastructure owners.”-Robert Laudati,director,Global Alliances and Partners,Esri Condition Manager Understand where an asset is in its overall lifecycle.The Asset Condition Manager uses the data captured in the Condition Category,Condition Group,and its Prediction Group to quickly and accurately calculate the asset’s current Estimated Condition,helping you reduce maintenance costs and plan better for the future. Confidential &Proprietary Information -DO NOT DISCLOSE 6 Page 53 of 122 Asset Inspections Inspections are the key to understanding the condition of your assets and becoming proactive about maintaining them.Cartegraph Asset Management’s Advanced Inspection tools give organizations more control,more flexibility,and more precision. Asset Risk With Cartegraph Asset Management,better understand where an asset is at in its overall lifecycle. Use age,predicted performance,and inspection data to schedule proactive,condition-based maintenance tasks.Cartegraph Asset Management allows customization of risk factors and weighted values to determine a cumulative risk score per asset type. Container/Component Relationships Cartegraph Asset Management supports a “Container/Component”relationship where a user-defined asset hierarchy can be established to different levels.As an example,this functionality will allow the City of Farmington,MN to define the relationships of Facilities assets to the Facility or floor they are located in/on. Total Cost of Ownership Cartegraph Asset Management compliments organizations on their journeys to long-range asset management planning.The City of Farmington,MN can ensure total cost of ownership by tracking cost information such as labor,equipment,material,and vendors with Asset Management. Confidential &Proprietary Information -DO NOT DISCLOSE 7 Page 54 of 122 Work Create,assign,and track tasks from anywhere with a truly mobile workforce Work Management Cartegraph Asset Management’s Work Management functionality lets you reduce paper work and optimize how work is completed.Using the Cartegraph Asset Management mobile app,facility workers can see assigned tasks for the day and new tasks in real time on an Esri map.All materials, resources,and labor hours related to a task are all done right in the app.Less time spent on paper work gives teams more opportunities to work on other important projects. Some of those projects might be preventative maintenance plans,all of which can be automated based on periodic increments to ensure all your equipment is in top condition. Not only will your facilities stay in great condition longer,but everyone using the equipment you manage will be safer and happier.With all records noting install and repair dates,the solution provides the City of Farmington,MN with added protection and peace of mind knowing exactly how their work is making a difference.Plus,this work can be viewed at different levels in a calendar view to see what upcoming work days and weeks look like if other work comes up or if weather delays one of your projects. Work Management View of All Work on a Facility Confidential &Proprietary Information -DO NOT DISCLOSE 8 Page 55 of 122 Task Tracking Cartegraph Asset Management can assign and track projects and tasks,associate general ledger accounts to specific tasks or projects and track activities as project milestones are reached.Using the Asset Mobile App,facility workers can see assigned tasks for the day and new tasks in real time on an Esri map.All materials,resources,and labor hours related to a task are all done right in the app.Our reporting dashboard includes charts and graphs that can track task completion. Paperless Work Orders Cartegraph Asset Management is a mobile-enabled solution that allows facility staff to spend less time filling out paperwork and more time doing the work that matters.Our software solution replaces paper maps and work orders with a mobile solution that works when you are connected and when you are oine. Crew Assignments Cartegraph Asset Management has robust scheduling,tracking,notification,and documentation capabilities.Incoming requests are routed to the Request Management section of Asset Management.Staff can view the requests,assign work to them,and the request can be tracked through completion.Notifications can be set automatically to notify requesters when a request has been received and completed.Supervisors can view all work for the day,week,and month on the dashboard.This data can be sorted in various ways and is updated as new work is created. Task Calendar The Task Calendar displays tasks on a calendar in a week of month view,allowing work to be quickly viewed.Each task’s status,priority image,ID,Activity and Asset are displayed,while a Summary tool tip is available by clicking on the task in the calendar. All tasks displayed in the calendar come from the list view where the calendar is opened.Any filters applied are used in the calendar,except Map Filter. The Task Calendar is available on the Task list view screen,the Work Order Tasks sections of a Work Order detail,Assigned Tasks in Labor detail,and the Tasks list on a Container Asset Summary tab. Preventative Maintenance Plans Cartegraph Asset Management can create and manage scheduled or recurring preventative maintenance plans.The City can manage inspections and automatically generate work orders when inspection results fall outside established ranges.Preventative maintenance work can be automatically created by the system based on time,condition,usage triggers,or any combination, thereof.When created,these preventative maintenance tasks can automatically be assigned to a manager or reassigned to a staff member. ●Predefined maintenance tasks,schedules,procedures,and processes to help them trim repair and replacement costs and ensure longevity Confidential &Proprietary Information -DO NOT DISCLOSE 9 Page 56 of 122 ●Proactive maintenance and/or predictive maintenance with ability to track and monitor asset usage and performance through trend analysis and condition-based monitors to predict any faults and create appropriate schedules ●Central repository of task templates for standard workflows and processes,that can be attached to various assets and maintenance activities ●Create and define a schedule based on date,time or any other condition with the option to schedule recurring maintenance activities such as inspections,repairs,updates,etc. ●Track compliance standards,health &safety standards,risk management,environmental regulations To take periodic maintenance a step further,the City can use Cartegraph Asset Management’s Scenario Builder to create budgetar y analysis plans that will project what maintenance activities need to be performed,and when,along with what the estimated costs will be. Here are some ways our customers are using Asset Management for preventive maintenance: ●Streets Maintenance:“Our budget doesn’t get cut.The reason it doesn’t get cut is because our council has a lot of confidence in the numbers.Council understands we can’t have brand-new streets covering the city,but they also understand the value of keeping our streets in good condition to save money down the road.”-City of West Des Moines,IA ●Pavement Management:“Asset Management has helped completely change the mindset on where we need to be investing our money in the City.We’re no longer guessing–we’re making educated decisions.”-City of Helotes,TX Planned Work Calendars are available in Cartegraph Asset Management with functionality to drag and drop planned work.Dashboards,reporting,and visualizations can be personalized and aligned with certain roles to assess planned work.Cartegraph Asset Management has a built-in management dashboard with analytics that include charts,graphs,numbers and KPIs to track key financial and operational performance metrics relevant to the role at hand.Different roles and users will have different dashboards.For instance,managers might have a KPI to track the performance of their team teams completing tasks before the due date against the goal of 85%. The dashboard is configurable for each user.Permissions are managed through a role-based security model.Users are assigned to roles that control access to screens,data,features,and reports.The dashboard allows users to create different gadget types (e.g.pie charts,column charts,KPIs). Confidential &Proprietary Information -DO NOT DISCLOSE 10 Page 57 of 122 Cartegraph Asset Management Mobile App Cartegraph Asset Management provides options for mobile access and is platform-agnostic, functional with both iOS and Android devices.Field staff can experience the full app interface with a smartphone or tablet.When using a device with GPS capabilities,users can identify their current location on the map and leverage that information to accomplish tasks such as creating assets or identifying nearby work.All mobile devices can be used in a real-time, always-connected state with an internet connection.An oine option is also available in the event service is dicult to maintain (all work performed will be synced once a connection is reestablished).A user can view,complete,and create new tasks and also enter labor,equipment, materials,and other resources while completing work. The mobile app is designed to ensure that “in the field”use is accounted for through touch-friendly interfaces,high visibility forms and UI elements,leveraging hardware-specific capabilities,such as voice-to-text,GPS,camera,file attachments,barcode scanner,and other accessibility features of the selected mobile device. Confidential &Proprietary Information -DO NOT DISCLOSE 11 Page 58 of 122 Request Management Cartegraph Asset Management can accept requests from multiple sources and can intake both internal and external requests.Internal requests can be submitted through an internal request portal which provides access to any City of Farmington, MN staff even if not an Asset Management user. Staff can create new requests to address incoming phone calls under the Request section of Asset Management.When documenting a new call,staff can review caller history as well as the location and details of similar requests.Instead of creating duplicate requests,staff can add new requesters to existing issues in one click.Requests can be completed (or routed)through a work order to completion. Incoming requests are routed to the Request section of Cartegraph Asset Management.Staff can review the requests,assign work to them,and the request can be tracked through completion. Notifications can be set to automatically notify requesters when a request has been received and completed.You can filter notifications to reflect desired information such as high-priority requests or work. Request Management view of a grati clean-up request related to a stop sign Confidential &Proprietary Information -DO NOT DISCLOSE 12 Page 59 of 122 Resources Estimate,assign,and track labor,equipment,materials and vendors. Resource Management Resource Management functionality allows the City of Farmington,MN to manage labor, equipment,materials,and vendor information.You can track attribute,rate,and historical information for each and apply these resources to work activities for accurate cost accounting.Key features include: ●Load multiple rates for an individual resource (e.g.,standard rate and overtime rate) ●Manage purchasing and inventory information for materials ●Track quantity-on-hand automatically decremented based on materials used. System-generated notifications remind staff when a material has hit its user-defined reorder point ●Specify inventor y method (LIFO,FIFO,Least Expensive,or Most Expensive) ●Identify vendor price quotes and set primary vendor as default price when stocking material ●Track equipment warranty information ●Track employee histor y including certifications,training,and other key events ●Manage equipment like other assets –including preventative maintenance schedules and current equipment condition Resource Manager view of materials with a high-level detail view of trash bags on hand Confidential &Proprietary Information -DO NOT DISCLOSE 13 Page 60 of 122 Labor Tracking and Costs As work is performed on assets,each work activity (or task)will have resource costs (e.g.,labor, equipment,materials).Those costs will be rolled up into the overall cost of maintaining that asset. Our reporting dashboards include charts and graphs to track key financial and operational performance metrics including a cost breakdown,asset condition,and task completion. Work Management view of all work on a facility Equipment Management Cartegraph Asset Management allows users to manage equipment like other assets -including preventative maintenance schedules,current equipment conditions,tracking equipment warranty information,and tracking equipment on tasks completed. Material Inventory The City of Farmington,MN can use Cartegraph Asset Management’s resource management capabilities to be strategic about using its resources.As your team enters materials on tasks and work orders Asset Management’s resource management software adjusts your inventory.Inventor y can be set up with minimum and maximum amounts in addition to reorder points.Further,when a piece of inventory needs to be re-ordered,a notification can be sent to an authorized user to re-order that item.Asset Management can manage materials,tools,and stock levels across locations.Users can quickly add multiple inventory items to work tasks.Asset Management supports inventory stored in multiple locations,including mobile warehouses.Users can specify inventory method (LIFO,FIFO,Least Expensive,or Most Expensive). Confidential &Proprietary Information -DO NOT DISCLOSE 14 Page 61 of 122 Contractor Management Cartegraph Asset Management’s resource management capabilities allows for managing all labor costs,including contractor costs. Vendor Costing Using Cartegraph Asset Management’s resource management capabilities,users can track vendor information and identify vendor price quotes and set primary vendor as default price when stocking material. Resource Estimates Use Resource Estimates to make better planning and budgeting decisions–you can use your own data to easily project how much a task activity will cost and how long it’ll take to complete. Use your own historical data.Track estimated resource costs based on historical work–broken out by labor,equipment,material,and other.For example,Asset Management will check to see if you’ve ever completed a specific task on an asset–Flush on Water Hydrant HYD-494–and then generate an estimate based on that data.The more times you flush that hydrant,the more accurate your estimates will be. Create Custom Estimates.Manually set resource estimates for any asset and activity combination. The next time a task is created for that specific combination,Asset Management will generate an estimate based on your settings. Estimate Per Unit.Distribute resource estimates by a unit to account for assets of various sizes, like a large park vs.the lawn outside the city hall. Visualize Your Data.We’ve added charts as a new default layout section on tasks and work orders, so you can compare Estimated vs.Actual costs across all four resource types–and view the total of those resources. You can also use four new dashboard gadgets to compare estimated and actual costs for tasks and work orders: ●Task Estimates vs.Actual Cost Comparison:Display estimate and actual costs broken out by resource type for the past year. ●Task Totals:Estimate vs.Actual–display the estimate and actual total cost for the past year. ●Work Order Estimates vs.Actuals Cost Comparison:Display estimate and actual costs broken out by resource type for the past year. ●Work Order Totals:Estimate vs.Actual–display the estimate and actual total cost for the past year Confidential &Proprietary Information -DO NOT DISCLOSE 15 Page 62 of 122 Material Planning The City of Farmington,MN can track materials at multiple locations,transfer them from one place to another,and organize the material ordering process. ●Material Location:The City of Farmington,MN can keep sight on its materials and where they ’re located.Users can click to see materials at any given location,from warehouses to trucks,with another click to show a list of all locations a particular material is stored.The City of Farmington,MN can review a rollup of the value of stocked materials,the number of materials that need to be reorders,and other helpful data ●Adjustable Inventory Settings:As the warehouse quantity is likely different than the quantity on the truck,the City of Farmington,MN can adjust inventory settings by location. The reorder point,reorder amount,maximum amount,and minimum amounts are editable fields ●Transfer:Similar to an online banking account,the City of Farmington,MN can choose where the materials are moving from ,where they ’re going,and how many to transfer ●Bulk Transfer:This simplifies restocking vehicles.Instead of transferring materials one-by-one,this pulls a list of all materials that need to be restocked. ●Material Order Tracking:The City of Farmington,MN can see the materials that were ordered,from where,and how much the City of Farmington,MN paid for them.All orders are organized by vendor for easy tracking. Advanced Material Management:When the shipment arrives,users simply select the vendor,click Receive,and Asset Management will update to display the newly stocked materials. Confidential &Proprietary Information -DO NOT DISCLOSE 16 Page 63 of 122 Infrastructure Planning Streamline Your Planning Process with Configurable Dashboards and Reports Budget Planning By leveraging the data in Cartegraph Asset Management,organizations can develop informed and accurate budgets that take into account the actual costs of maintaining,repairing,and upgrading their assets.With this data,organizations can better plan for future expenses and avoid unexpected costs that can disrupt operations or cause budget shortfalls. Moreover,Cartegraph Asset Management's software allows organizations to track their asset management activities and associated costs in real-time.This ensures that they have a complete and accurate picture of their spending and can adjust their budgets as needed.It also helps organizations to identify areas where they can optimize spending and improve overall operational eciency. Advanced Reports Cartegraph Asset Management has an embedded robust report writer (Combit)that allows basic and advanced reports to be created and shared.Reports are generated in a matter of seconds and highly customizable for users.Asset Management helps customers use the power of data to know how much they are spending on labor,resources,and assets each year,and also predict future expenses to maintain and improve their current infrastructure and assets. FEMA Reports Cartegraph Asset Management includes several standardized FEMA reports to help the City of Farmington,MN effectively respond to–and get reimbursed for–FEMA-related events and activities. The system also includes a tool to keep equipment FEMA rates up to date.All work related to FEMA activities can be exported out or compiled into a report. Report Designer Reporting options include dashboards,standard reports,and the ability to create ad-hoc reports. The dashboard includes charts,graphs, numbers and KPIs to track key financial and operational performance metrics relevant to the role at hand.Different roles and users will have different dashboards.For instance,managers might have a KPI like the one shown at Confidential &Proprietary Information -DO NOT DISCLOSE 17 Page 64 of 122 right,tracking the performance of their teams completing tasks before the due date against the goal of 85%. Graphs with bars show the volume and distribution of a variable over time;e.g.,average time spent per activity.The manager can easily identify the most time-consuming activities and review whether or not something can be done about it (see example below). Standard reports provide an additional way to collect and review diverse sets of data.Examples include Task Performance Measures,Asset Performance Charts,and Material Inventory Details. The system includes the capability to filter,sort,quer y,and report on any field. Organization-Specific Reporting Authorized users can create and publish an unlimited number of ad-hoc reports. Each user can also manipulate data on-screen through filters and sorts.These data views can then be exported with a single click to compatible file formats including Excel,PDF,JPG,etc. ArcGIS Dashboard Integration Integrating Cartegraph Asset Management with ArcGIS dashboards not only provides benefits for internal decision-making and budget planning but also enhances transparency for citizens.By making data accessible through interactive dashboards,citizens can see the current status of assets and infrastructure in their community,as well as the planned maintenance or improvement projects.This increased transparency allows citizens to have a better understanding of how their tax dollars are being spent and provides them with the opportunity to provide feedback or input on projects that affect their daily lives.Ultimately,this increased transparency can lead to improved trust between citizens and their local government. Confidential &Proprietary Information -DO NOT DISCLOSE 18 Page 65 of 122 Analytics &Reporting Create custom dashboards and reports.Budget and plan for the future. Dashboard for Ease of System Navigation High-performance teams don’t just capture good data;they analyze that data and use it to guide their decisions.Enter the Analytics Dashboard in Cartegraph Asset Management.Use this one-stop-shop to get quick access to the data you care about most,and make smarter decisions throughout your workday.The Analytics Dashboard is built your way–you choose the data you want to see and customize how you want to see it. Track things like: ●Where is each department spending its money? ●How many of our tasks are reactive vs.proactive? ●Are we meeting our goal of completing 90%of grati removal requests within 72 hours? ●What are the top service requests from citizens by council district? ●How many overdue tasks do we currently have? Our Analytics Dashboard is easy to use and customizable by role.Select from a variety of pre-built gadgets to start monitoring performance and evaluating success.Or,create your own gadget with just a few clicks.Select your chart style and the data points you want to see,then preview and save. Group multiple sets of data at the same time in a single bar or column chart.Quickly visualize data over time based on months,quarters,and years.Investigate and dig deeper into your metrics without ever leaving your dashboard with drill-down and robust search capabilities. Instead of running reports to see certain data points,create a gadget to display the data in real-time.Easily export the data from your gadget or save the image to share in a presentation. Confidential &Proprietary Information -DO NOT DISCLOSE 19 Page 66 of 122 The Analytics Dashboard includes several default gadgets,including: ●Overdue Tasks by Department ●Hours Logged Today by Team ●Average Cost Per Activity ●Open Requests More than One Week Old With the Analytics Dashboard,you can utilize your data to answer questions that may not have been possible before with traditional analysis methods. Confidential &Proprietary Information -DO NOT DISCLOSE 20 Page 67 of 122 Add-Ons Fleet Management Vehicles and equipment are resources.They are also assets.They need the same regular maintenance and management as your other municipal assets.Asset Management designed a smarter,easier way for you to manage them.Fleet Management is a core feature of Asset Management,and it introduces fleet managers and maintenance crews to methods of managing and maintaining vehicles and equipment.Use the Fleet Management features to create maintenance schedules,implement recurring maintenance tasks,gauge vehicle and equipment performance,and plan for future repairs and replacements.Track attributes such as manufacturer and warranty information,fuel type,and purchase costs. Asset Management also integrates with fuel management systems.This type of integration allows fuel logs to be automatically imported into Asset Management.When Preventative Maintenance is set up in conjunction with the fuel integration,Asset Management can automatically create work based on the usage (mileage)of the vehicle. Fleet/Equipment:Costs to date information from a mechanic and usage perspective along with the ribbon at the top of the screen,along with current Fuel Log entries indicating current MPG (miles per gallon). Confidential &Proprietary Information -DO NOT DISCLOSE 21 Page 68 of 122 Platform Automation Manager An administrator who sets up workflows can analyze what staff is doing and use the Automation Manager functionality to record the results of this analysis (recognizing redundancy)and create automated actions in the system to make staff assignments more eciently.Automation actions include: ●Send an email notification ●Create record(s) ●Edit existing record(s) ●Verify a field value and display an error message if necessary ●Perform a calculation and set a field value Cloud-Hosted Deployment Our solution is deployed as a hosted (cloud-based)solution for the City of Farmington,MN in a secure,hosted environment through AWS,which offers the highest level of cloud security and encryption,and is only available to government customers and organizations in highly regulated industries.Cartegraph Asset Management will manage your database,administration, maintenance,and new releases and hotfixes for the City of Farmington,MN.With a hosted solution, the City of Farmington,MN will always have its data securely stored and available in the event of a firewall breach,act of God,or other unique situations which render the City of Farmington,MN’s other systems temporarily unavailable.Other benefits of cloud-hosted deployment include: ●Technical support time savings ●Seamless upgrade path ●Version control ●Monitoring capabilities ●Customer resource allocation Confidential &Proprietary Information -DO NOT DISCLOSE 22 Page 69 of 122 Import/Export Tool Cartegraph Asset Management offers standard import/export functionality,which can read data from any comma-delimited file.Import/exports can be run manually or on an automated basis to support a wide variety of integrations.These automated data transfers often meet and exceed our clients’need for data integration. Confidential &Proprietary Information -DO NOT DISCLOSE 23 Page 70 of 122 Notification Manager Users can receive real-time automatic email notifications when a work order is submitted, assigned,scheduled,updated,and/or closed.The City of Farmington,MN can also receive email reminders and alerts for upcoming or past due tasks.An administrator can create automated actions to make staff assignments and asset management more ecient.The City of Farmington, MN can filter notifications on desired information such as high-priority requests or work. Confidential &Proprietary Information -DO NOT DISCLOSE 24 Page 71 of 122 Solution Domains Cartegraph Asset Management’s out-of-the-box request,work,asset,and resource management come standard for all of our domains listed in the following pages.Each domain comes with pre-built asset types,functionality,and reporting specific to areas like water treatment or transportation. Based on your functional requirements,we are recommending the following domains for the City of Farmington,MN.More details are provided on the following pages. Confidential &Proprietary Information -DO NOT DISCLOSE 25 Page 72 of 122 Transportation Asset Management’s Transportation domain expertise allows users to: ●Reduce the potholes and repairs needed with advanced insight on preventative maintenance schedules and PCI compliance information ●Work oine or on with Asset Management’s mobile application to upload documents, complete tasks,and inspect signs ●Justify their budget requests to show stakeholders exactly where,when,and why the funds they are requesting help positively impact a heavily relied upon domain All transportation assets with a high-level view of a pavement asset showing its total cost to date and remaining expected life on top of an Esri trac cameras map Confidential &Proprietary Information -DO NOT DISCLOSE 26 Page 73 of 122 Qualifications &Experience We take pride in our customer focus and realize that governing is one of the most challenging careers possible -that’s why we retain a passionate team that’s walked in your shoes -with backgrounds in the public-sector -because it’s critical to our ability to solve real problems,both in terms of our software development and customer ser vice we deliver. The OpenGov Team has over 550 years of combined Government experience.Check out just a few of our star players,and their specific experience in the public sector below. Confidential &Proprietary Information -DO NOT DISCLOSE 27 Page 74 of 122 Awards &Credentials As mentioned above,OpenGov employees have over 550 years of collective government employment experience,and many of our key personnel are members of government-focused organizations like GFOA and ICMA.OpenGov has consistently appeared on the GovTech 100 list for several years,was named to the Forbes 2022 list of America's Best Startup Employers and most recently was named as a 2023 Top Workplaces USA We focus our hiring on top-tier talent pools for individuals with proven track records in government and/or the government technology SaaS industr y. Confidential &Proprietary Information -DO NOT DISCLOSE 28 Page 75 of 122 Company Histor y After witnessing the City of Palo Alto spend over $10 million on an ERP system that was delivered on 20 discs and had green screens,OpenGov ’s founders learned that governments across the country were similarly hamstrung by outdated technology.The public sector has been underserved by its vendors for decades,while the digital era has transformed consumer experiences and private sector organizations. State and local governments deserve access to modern cloud software suited for their increasingly complex needs.Citizens deser ve to know that their tax dollars are being spent by effective and accountable organizations.Our public sector leaders deserve to be supported by companies who act as true partners.In order to address these needs,OpenGov was born in 2012. In September 2022,Cartegraph,which had been designing,implementing,and supporting its software solutions since 1994,was acquired by OpenGov.Over the past 10 years,OpenGov has built software to ser ve the budgeting and planning;permitting,licensing,and code enforcement, procurement and solicitation development;financial management;and reporting and transparency needs of local and state governments.Meanwhile,Asset Management has developed a powerful suite of public agency operations and infrastructure management solutions,including asset work management tools for public works,utilities,parks,and facilities teams.By bringing together these solutions,we can more effectively serve the key strategic functions of governments. Today we have over 1,600 government customers using our cloud-based suites.Below are the stories of just a few of our customers who have adopted OpenGov ’s Cartegraph Asset Management to transform their communities. Confidential &Proprietary Information -DO NOT DISCLOSE 29 Page 76 of 122 Customer Stories Frederick County,MD implements Asset Management for day-to-day management and long-term planning Founded in the 1700s,Frederick County spans approximately 670 square miles and is home to more than 250,000 residents.County government owns a wide range of assets,including parks,roads, water and wastewater systems,and solid waste transfer stations and landfills.Operation and maintenance are decentralized across multiple divisions–Parks and Recreation,Public Works, Water and Sewer Utilities–each serving a standalone unit. With no universal system in place,each division had previously developed different approaches to budgeting for and managing assets and resources,mostly relying on spreadsheets,file folders,and personal knowledge.Systems included a dated software application,a 2-year old custom database, numerous separate spreadsheets,and pen and paper-based maintenance order ticketing system. Additionally,during the annual budgeting process,little data was available to justify division needs for upgrades and replacements. After evaluating solutions based on the county ’s needs,the team embarked,with the help of a third-party specialist to spearhead the roll-out,on a multi-year,multi-phase implementation to meet the competing needs of eight different county divisions.Frederick County managers and staff were ready for the challenge thanks to the all-in nature of the organization’s culture.As a result of implementing Asset Management,the County is seeing the following results: ●Remote Work:Implementation was completed remotely through August 2021. ●Geo-Location:Existing computer-aided design (CAD)and drafting files for 40 buildings in GIS were simplified,geo-referenced,and imported into an Asset Management-specific database schema to provide spatial awareness of work being completed within the building. ●Eciency in the Field:Using the mobile application,Division of Water and Sewer Utilities staff are able to enter their time,equipment,and materials at the job site. ●New Insight:Supervisors are seeing the bigger picture in realizing actual costs associated with a facility or park’s events.This broad view aids in integrating high-level and long-range goals and is informing day-to-day decision-making. ●Accessible Information:Water and sewer users appreciate information,such as tasks completed and dollar value spent on an asset,that rolls up through the container-component relationship. ●Constituent Service:Through the integration with SeeClickFix,the public can initiate tickets for maintenance–they can take a picture of something they are concerned about and submit it from their smartphone. ●Knowledge Transfer:Asset Management is now capturing and documenting the operational history of individual infrastructure assets in Frederick County.It will ser ve as the system of record to ensure institutional knowledge is retained regardless of turnover or the impending retirement of long-term maintenance personnel. Confidential &Proprietary Information -DO NOT DISCLOSE 30 Page 77 of 122 ●Complete Suite:The team is projected to be utilizing all 11 out-of-the-box Asset Management asset domains within 1.5 years of initiation–as well as a custom domain created for landfill operations,including asset types for solid waste-specific infrastructure such as truck weight kiosks. ●Guide for Moving Forward:The County can manage the site without OpenGov or third-party support moving forward as a result of a guide that outlines implementation details for each division,overall management requirements of users,workflows,integrations,and GIS data management. ●Rethinking Existing Processes:Division managers are prioritizing systemic maintenance projects alongside new capital projects using rough data from the system to redefine the long-term planning process. Key Results for Frederick County,MD ●Within 9 months of the first go-live date,more than 275 users were managing 96 different asset types,for a total of over 156,000 infrastructure assets ●More than 22,000 tasks have been initiated ●Improved workflows within and across divisions For the full stor y,click here to read about how Cartegraph Asset Management modernized how Frederick County,MD managed and conducted long-term planning. “In order to invest in new assets,you must first invest in those you already own.If not,you are digging a deferred maintenance hole that you can’t pull yourself out of.” Multnomah County,OR implements culvert management that meets DOT protocol For Multnomah County,OR,population 807,555,having an up-to-date inventory of culverts is a high priority.They set off on a three-part mission to achieve this goal:collect data on existing infrastructure,inspect conditions,and schedule maintenance.Multnomah turned to Cartegraph Asset Management to unit their insights into one smart database. When a regional neighbor experienced a public culvert failure,Multnomah County had a wake-up call.They knew it was time to get a better handle on their culvert asset management in hopes of preventing a similar failure on their watch.Working with the Oregon Department of Transportation, the county decided to simplify the existing statewide protocol,then move it into Asset Confidential &Proprietary Information -DO NOT DISCLOSE 31 Page 78 of 122 Management’s culvert software to gather,asset,and prioritize repairs on culverts with high eciency. Now,with detailed information on 1,800 culverts,prioritizing maintenance became the next big step for Multnomah County.Using the critical stormwater asset data they collected in Asset Management,the county identified a matrix of factors that led to an overall condition rating score. These scores,which fell within benchmarks from critical to good,allowed the county to identify which culverts needed immediate attention and which would be covered through routine maintenance. Tapping into the power of Asset Management’s Automation Manager feature,Multnomah staff instantly generated emergency maintenance tasks based on their culvert inspection findings.As a result,road maintenance staff were automatically assigned clean up and repair tasks,streamlining county-wide culvert maintenance and avoiding future failures. Now,the county has a clear calendar of repairs for their culverts and is currently working on implementing a larger plan to prioritize the rehabilitation and replacement of culverts based on inspection condition ratings. Key Results for the Multnomah County ●The team won a county-wide innovation award for its operational eciencies ●Paper has been reduced to zero ●The county has a clear calendar of repairs for their culverts For the full story,click here to read about how Multnomah County modernized its asset management with Cartegraph Asset Management. “We are now at a point that we not only know where our culverts are located,but also what condition they are in and what repairs are needed. This data is invaluable in moving toward developing our levels of service and proactively managing our culvert assets” Lauren Spear Senior GIS Analyst |Multnomah County,OR High-Performance City touts 55%increase in work orders completed The capital and most populous city in Utah,with more than 200,000 residents,Salt Lake City is embodying “high-performance government”and working hard to be better today than they were yesterday.With Cartegraph Asset Management,they are reimagining their infrastructure management processes,breaking down departmental silos,and improving communication and collaboration across the organization. Confidential &Proprietary Information -DO NOT DISCLOSE 32 Page 79 of 122 Salt Lake City ’s infrastructure was disjointed across four departments using separate, incompatible software systems for decades.The Transportation,Streets,Parks and Public Lands, and Facilities groups operated out of different city buildings–and previously distributed work orders on paper through interoce mail.To further complicate matters,each department had a unique set of asset management terminology they used to refer to similar things.These issues made it impossible to calculate accurate condition indexes,develop preventative maintenance plans,and communicate budgetar y requirements to city leaders.Salt Lake City faced a dire need for operational cohesion and standardization when it came to infrastructure management. After implementing Asset Management operations management software,Salt Lake City transformed from a fractured,manual,four-system asset management process into a single enterprise platform.The digital transformation not only introduced an unprecedented level of technological cohesion within the organization but also facilitated the creation of a cross-departmental,collaborative approach to asset management among four city departments. Today,all four departments have a better understanding of the status of shared infrastructure assets and the ability to clearly communicate budgetar y needs to city leaders.This improvement allows the city to strategically manage assets based on OCIs,rather than on perceptions of the biggest needs.With Asset Management,Salt Lake City can strategically manage assets using reliable data for the first time in the organization’s history. Key Results for Salt Lake City,UT ●Paper →Paperless Work Order processing ●Cross-Department Communication and Collaboration ●Data-Driven budgeting ●Eliminating Legacy Databases ●Increased Productivity ●55%increase in work orders completed For the full story,click here to read about how Cartegraph Asset Management revolutionized how Salt Lake City,UT does business and moved the city into the future. “The Cartegraph support team has been super supportive in everything that we’ve done.They actually tr y and implement the things that we suggest.I’ve never seen a company that actually is this responsive to ideas that their customers have.This has been the most effective way for us to perform asset management at a high level.” For more customer stories on how Cartegraph Asset Management is driving success in communities around the country,please visit: https://https://opengov.com/customers/ Confidential &Proprietary Information -DO NOT DISCLOSE 33 Page 80 of 122 Minnesota Partners The SAFE and TRUSTED Choice of 2,000+Governments Minnesota Enterprise Asset Management Partners City of Prior Lake,MN City of Savage,MN City of Becker,MN City of Monticello,MN City of Orono,MN City of Golden Valley,MN City of Hokah,MN Three Rivers Park District,MN Minnesota Department of Natural Resources City of Hopkins,MN City of Saint Peter,MN City of Lino Lakes,MN City of Columbia Heights,MN City of Champlin,MN City of Apple Valley,MN City of Minnetrista,MN City of Mankato,MN City of St.Louis Park,MN City of Brooklyn Park,MN City of Maplewood,MN City of Lakeville,MN County of Sibley,MN County of Wright,MN Confidential &Proprietary Information -DO NOT DISCLOSE 34 Page 81 of 122 Professional Services Overview We Are Here to Support You Your success as a customer is OpenGov ’s top priority.We recognize the challenge of adding a new software implementation project to your already full-to-the-brim schedule.We’ve invested heavily in the key drivers of your agency ’s success so you can maximize the impact of your OpenGov software and arm you with insight,expertise,and industry-leading best practices. Experience Our team of over 150 Professional Ser vices experts have implemented over 1,600 customers -we have the experience to make your implementation a success. Expertise OpenGov shares your mission of effective government –and deploys over 550+years of previous public sector experience for your success. Fully-Supported No matter the expertise your project needs,our team of professionals are here to partner with you on even the most complex projects. Implementation Approach and Methodology Our approach to implementations extends beyond simply implementing software.We help you understand how to set goals,measure progress,and visualize results to ensure you receive a true return on investment by achieving success with our technology and solutions. We propose an implementation process that is based on our work with similar entities while also being specific to the city of Farmington,MN’s needs.We will begin by scheduling a project kick-off call which would include the city of Farmington,MN’s stakeholders along with our Business Development Manager,Project Manager,and an Implementation Specialist.The call allows introductions,discussion of project goals,review of scope,review of key project tasks,discussion of project timelines,scheduling of weekly status calls,and a discussion of the next steps. Define and Plan The first major milestone is a review and definition of your goals and objectives.We facilitate a discovery discussion and articulate SMART (Specific,Measurable,Attainable,Related,Time-based) goals that translate your objectives into tangible deliverables.Following goal definition(s),we will engage with the city of Farmington,MN’s project team and introduce them to your solution.These sessions will allow us to share recommendations on system design and use,as well as prepare you Confidential &Proprietary Information -DO NOT DISCLOSE 35 Page 82 of 122 for tasks such as normalizing source data,collecting report requirements,and internal workflow discussions. Design OpenGov ’s experts will conduct a detailed requirement gathering workshop.The workshop’s format and activities can include interviews,workflow diagrams,and/or rapid prototyping to support the discovery process.The exercises provide an excellent venue for OpoenGov ’s experts to learn workflow and business requirement details,so we can support your needs through configurations and training.In instances where data conversions or integrations are required for an effective go-live,these items are reviewed and incorporated into the resulting plan.OpenGov ’s discovery is documented and provided as a follow-up report to share findings,recommendations,and establish any adjustments to the overall implementation plan. Build and Test Following the requirement gathering workshops,OpenGov experts work on configuring roles, layouts,assets,attribute details,reports,and data loads into your sandbox environment.The result is a staged,test environment that (1)is unique to your requirements with your data attributes,and (2)contains data that is ready for training and testing.OpenGov experts provide detailed technical and scenario-based training to your core project team.Through our standard train-the-trainer approach,we support you in increasing the capability and ownership of your solution.This training serves as one of many knowledge transfers.Your staff can not only become “Asset Management champions”,but also are equipped to expand the solutions’capabilities without additional OpenGov assistance.Following your OpenGov-led training events,it’s time for your team to begin testing the solution.OpenGov facilitates weekly status meetings and supporting web-based engagements for refresher training,answer additional questions,perform configuration adjustments,and provide data-driven trends and feedback on system use and adoption.Typically,the testing lasts three to four weeks.Upon agreement that the solution meets your needs,OpenGov ’s project team coordinates a Go-Live event and test-to-production configurations are scheduled.OpenGov can provide end-user training and detailed use case or test scenarios if requested.Additional scope discussions and charges apply. Delivery and Support OpenGov will work with your project team to coordinate production steps including a production data conversion,GIS integration deployment,environment configurations,and any other agreed-upon setup and configuration.The production deployment phase also includes Go-Live support events such as refresher training,last-minute configurations,and other ad hoc support that provides added confidence and reassurance for your team.Following the go-live event,your team will be in a production state.OpenGov can provide remote support and guidance as needed. This team provides on-call remote support in addition to several scheduled work sessions that serve as Q&A and refreshers.This phase lasts for approximately 30 to 60 days as requested by your staff.Following the go-live events and on-call support,OpenGov ’s team will conduct a Project Retrospective and final Milestone review for the first stage of your Asset Management journey. Confidential &Proprietary Information -DO NOT DISCLOSE 36 Page 83 of 122 During these meetings,OpenGov will review each goal,its completion,and how the provided solutions fulfill them.This review also includes a project retrospective where we can evaluate what we did well and what we need to improve for future engagements.OpenGov will also share feedback on areas your staff could focus on to maintain continued success in the future. Project Schedule An average Asset Management implementation will span nine to twelve months.Refinement of this schedule can be expected during contract negotiations,as detail is added as part of the overall implementation planning process.A high-level draft timeline is presented below. DEFINE &PLAN JAN 24 -MAR 24 BUILD &TEST JUL 24 -SEP 24 DESIGN APR 24 -JUN 24 DELIVERY &lAUNCH OCT 24 -DEC 24 A subsequent weekly project plan reflects typical tasks and resource requirements for a project of this scope and scale.The timing of tasks is largely dependent upon client-side resource commitment and availability.The schedule will be updated as the project progresses. Project Team OpenGov ’s project team typically implements customers remotely and meets with customers via video conferencing during the regular meetings of the implementation project.Our Professional Ser vices organization consists of experienced staff that is “in-house”and includes numerous former government practitioners to ensure that we can exceed your expectations.We have an agile framework that enables us to remain flexible and kick off new projects as new customers begin their partnership with OpenGov.Current projects are completed as new ones come in,and our Professional Services Leadership team is actively engaged and monitoring staff workloads to ensure we have the appropriate headcount and bandwidth to take on new projects on a predictable basis and mitigate any potential risks due to staff vacations or sicknesses.Through ongoing project status updates and internal alignment meetings,our Professional Services leaders and executive management team is closely monitoring staff availability to ensure that no project is ever without key staff members to support the ongoing delivery of projects on time and within budget. Confidential &Proprietary Information -DO NOT DISCLOSE 37 Page 84 of 122 The image below provides a visualization of what OpenGov ’s project team typically looks like for a project of this size and complexity. Confidential &Proprietary Information -DO NOT DISCLOSE 38 Page 85 of 122 Support Over view Strategic Account Management Our Customer Success Team helps to transition customers from implementation through their continuous system evolution and maturation journey.They work with customers to adapt to the changing needs of their organization,to evolve and define new goals and outcomes,measure successes,and help them improve the quality of life of their customers. The Customer Success Team helps craft success plans for ongoing customer initiatives and projects to maximize cost-savings and operations eciency.A success plan would include several reviews to identify stakeholders,specific pain points,goals,and return-on-investment stories that help define and articulate success.Our Customer Success Team can help create specific metrics, KPI reports,and dashboards to monitor and measure how the program is working for the city of Farmington,MN. The city of Farmington,MN will have a customer support team that includes a Customer Success Manager (CSM)and an Account Manager.Usually meeting with a customer at least quarterly,the CSM will provide best-practice consultations,high-level system reviews,and analysis of system usage and overall health of customer software engagement,all to achieve the identified success factors.CSMs can also develop and support long-term roadmaps for each customer ’s unique journey.Roadmaps can include articulated goals and tactical action items needed to maintain progress and achieve goals,so customers receive maximum return on investment.CSMs can also provide community-level support through internal customer advocacy and facilitation of regional and national user conference events, which provide valuable learning and networking opportunities. The Account Manager will provide an added layer of support and communication.Account Managers may provide some of the engagements and consultations referenced above in addition to being the point of contact for additional software,licensing,expansion,or contracting needs. Confidential &Proprietary Information -DO NOT DISCLOSE 39 Page 86 of 122 Daily Operational Support OpenGov troubleshoots and provides resolution for all Asset Management software-related issues through our technical support team.Support includes three levels of technical experts as well as a channel to OpenGov ’s software engineering team for an in-depth assessment of any technical issues.We offer many ways for the city of Farmington,MN’s users to receive assistance from our team. ●Toll-free telephone,where we have a 97%live call (pick up)rate,and 70%of issues resolved on the first call. ●E-mail ●Submit a case within the Asset Management application ●Live chat Confidential &Proprietary Information -DO NOT DISCLOSE 40 Page 87 of 122 Functional Training OpenGov uses a train-the-trainer approach to help employees become subject matter experts. Through online and onsite training events,our experts will get the city of Farmington,MN up to speed quickly –teaching you how to use the software to be successful.As your user base grows, the city of Farmington,MN will have experts in-house to train new users eciently.Benefits of this approach are learning through teaching,reduced training hours needed,and increased focused training for end users. Following your OpenGov-led training,your team will continue testing the solution for any additional configuration adjustments and system optimization;during this time we support you through weekly sessions to ensure your team can successfully answer internal questions and fix any issues quickly.By learning best practices from an experienced professional,the city of Farmington,MN will have more consistent data in Asset Management–which will help you make better decisions down the road. Confidential &Proprietary Information -DO NOT DISCLOSE 41 Page 88 of 122 Cartegraph Campus A resource for ongoing training is Cartegraph Campus,our free 24/7 online resource of thousands of training videos,white papers,help topics,and more.The city of Farmington,MN’s users can get answers to their questions,learn new ways to use the system,and discover how their peers are using Asset Management to improve their daily operations.Viewable directly within Asset Management,users can use Campus to perform keyword searches to find specific items;browse Campus articles and videos;view step-by-step instructional onboarding tutorials and feature-specific guides;view Asset Management announcements;contact support;and share product feedback from any desktop or mobile device. Help,quick start onboarding guide,Ideas Portal,and contacting support are some of the many Campus features available inside Asset Management Confidential &Proprietary Information -DO NOT DISCLOSE 42 Page 89 of 122 Benefits of Cartegraph Campus Maximize your investment Save time by accelerating your team’s knowledge and confidence to apply the software and best practices to your government. Successful Change Management Shorten the time for a new team member to provide value to your department. Empower your teams Develop confidence in working with OpenGov by understanding how to use our tools to best improve your team’s effectiveness. Training that grows with you Ensure that new employees have easily accessible training as both your team grows and as your future-proof technology investment evolves. Available on your schedule On-demand training when you need it,to help get the entire team on the same page. Deliver modern software to your government Leading governments are deploying modern software to improve their process,reduce their costs and deliver more to their communities. “I’ve never had the pleasure of working with a company who cares as much as all of you do.I plan to keep pushing our city to greatness, especially since I have all of you and Cartegraph to be there when I need additional help.” Matt Tenold GIS Administrator |City of Lynnwood,WA Confidential &Proprietary Information -DO NOT DISCLOSE 43 Page 90 of 122 Partnership Investment Summary OpenGov ’s pricing model consists of both a fixed fee annual subscription for the software and a one-time cost for professional ser vices.Our professional services cost includes implementation, configuration,testing,deployment,account management,and technical support.OpenGov offers an unlimited user,unlimited usage pricing model,meaning customers are not limited to the number of users,logins,dashboards,reports,or usage of data.Rather,we charge an annually recurring subscription fee to encourage our customers to utilize the platform,increase adoption throughout their organization,get valuable unlimited usage,and have a predictable annual cost. Item Description Cost Payment Schedule Software Services Asset Management Suite Platform Asset Management Work Orders Resource Management Analytics &Reporting $13,800 Annual Domains Transportation (Fleet) Included in Subscription Cost Annual Professional Services Fee Software Implementation Initiation,Best Practices,Configuration, Validation,Deployment,and Project Completion of the above solutions. $29,346 One-Time Travel Expenses Remote Requirements Gathering 2-day Onsite Train the Trainer Remote Go-live $2,400 One-Time Post-Deployment Training &Support Standard Support Account Management:Designated human resource to support your journey as an OpenGov user with training,adoption,best practices,and general assistance throughout the OpenGov partnership Technical Support via telephone,chat, e-mail,and platform case Included Annual Confidential &Proprietary Information -DO NOT DISCLOSE 44 Page 91 of 122 Cartegraph Campus  Online resource of thousands of training videos,white papers,help topics,and more, available 24/7. Included Annual Total Year 1 $45,546.00 Year 2 $14,490.00 Year 3 $15,214.50 Implementation ser vices pricing is subject to change based on the opportunity for OpenGov to scope your full solution needs. All OpenGov contracts include an Annual Software Maintenance Price Adjustment.OpenGov shall increase the Fees payable for the Software Services during any Renewal Term by 5%each year of the Renewal Term. *In Person Training is available at an additional cost. Confidential &Proprietary Information -DO NOT DISCLOSE 45 Page 92 of 122 Statement of Work City of Farmington,MN Creation Date:2/8/2024 Document Number:PS-05294 Version Number:2 Created by:Dean Simpson 2023 Enterprise Asset Management Statement of Work v1 Page 93 of 122 Table of Contents 1.Overview and Approach 2 1.1.Agreement 2 2.Statement of Work 3 2.1.Project Scope 3 2.2.Facilities and Hours of Coverage 3 2.3.Key Assumptions 3 2.4.Exclusions 4 2.5.OpenGov Responsibilities 4 2.5.1.Activity 1 –Project Management 4 2.5.2.Activity 2 –Initialization 5 2.5.3.Activity 3 –OpenGov Domains 5 2.5.4.Activity 4 –Training 6 2.6.Your Responsibilities 6 2.6.1.Your Project Manager 6 2.7.Completion Criteria 7 2.8.Estimated Schedule 7 2.9.Illustrative Project Timelines 8 2.10.Charges 8 2.11.Offer Expiration Date 8 Appendix A:Engagement Charter 8 A-1:Communication and Escalation Procedure 8 A-2:Change Order Process 9 A-3:Deliverable Materials Acceptance Procedure 9 Appendix B:Implementation Activities 10 B-1:Phase I 10 2023 Statement of Work v1 2 Page 94 of 122 1.Over view and Approach 1.1.Agreement This Statement of Work (“SOW”)identifies services that OpenGov,Inc.(“OpenGov”or “we”)will perform for City of Farmington,MN (“Customer”or “you”)pursuant to that order for Professional Ser vices entered into between OpenGov and the Customer (“Order Form”)which references the Master Services Agreement or other applicable agreement entered into by the parties (the “Agreement”). ●Customer acknowledges and agrees that this Statement of Work is subject to the confidentiality obligations set forth in the Agreement between OpenGov and Customer. ●The Deliverables listed in Appendix B are the single source of the truth of the deliverables to be provided. ●Customer ’s use of the Professional Services is governed by the Agreement and not this SOW. ●Upon execution of the Order Form or other documentation referencing the SOW,this SOW shall be incorporated by reference into the Agreement. ●In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement,the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only.Unless other wise defined herein,capitalized terms used in this SOW shall have the meaning defined in the Agreement. ●This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party. ●OpenGov will be deployed as is,Customer has access to all functionality available in the current release. 2.Statement of Work This SOW is limited to the Implementation of the OpenGov Enterprise Asset Management as defined in the OpenGov Responsibilities section of this document (Section 2.5).Any additional services or support will be considered out of scope. 2.1.Project Scope Under this project,OpenGov will deliver cloud based Enterprise Asset Management solutions to help the Customer power a more effective and accountable government. OpenGov's estimated charges and schedule are based on performance of the activities listed in the “OpenGov Responsibilities”section below.Deviations that arise during the project will be managed through the procedure described in Appendix A-2:Project Change Control Procedure,and may result in adjustments to the Project Scope,Estimated Schedule,Charges and other terms.These adjustments may include charges on a time-and-materials or fixed-fee basis using OpenGov ’s standard rates in effect from time to time for any resulting additional work or waiting time. 2023 Statement of Work v1 3 Page 95 of 122 2.2.Facilities and Hours of Coverage OpenGov will: A.Perform the work under this SOW remotely,except for any project-related activity which OpenGov determines would be best performed at your facility in Customer Location in order to complete its responsibilities under this SOW. B.Provide the Services under this SOW during normal business hours,8:30am to 6:00pm local time,Monday through Friday,except holidays. 2.3.Key Assumptions The SOW and OpenGov estimates are based on the following key assumptions.Deviations that arise during the proposed project will be managed through the Project Change Control Procedure (see Appendix A-2),and may result in adjustments to the Project Scope, Estimated Schedule,Charges,and other terms. Per A.The OpenGov Suites are not customized beyond current capacities based on the latest release of the software. B.Individual software modules are configured based on discussions between OpenGov and Customer. C.Enterprise Asset Management i.OpenGov will provide all services remotely via audio;video;and web conferences unless otherwise noted. ii.OpenGov assumes that the customer is responsible for performing quality control measures on its data in EAM. iii.OpenGov assumes that the customer is responsible for testing its workflows,automations,integrations,and configurations within the EAM and will update the configurations as part of its testing and training activities. iv.OpenGov assumes that the customer accepts EAM upon the completion of the go-live event v.If a non-API integration is included in scope,Customer is responsible for engaging third party vendor to obtain data,configuration,and/or third party integration support. vi.If an API integration is included in scope,Customer is responsible for providing access to a test instance of the third party API including a URL, authentication credentials,and relevant documentation. vii.OpenGov best practice is to not exceed tested limits of the product. 2.4.Exclusions The following service items are not included in the scope of this project: A.Implementation of any custom modification or integration developed by OpenGov; your internal staff;or any third-party is not included in the scope of this project unless specifically listed in Appendix B. 2023 Statement of Work v1 4 Page 96 of 122 B.Data conversion ser vices from other software system(s)or sources (including Navigator databases)are not included in the scope of this project unless specifically listed in Appendix B. C.Any service items discussed during demonstrations;conference calls;or other events are not included in the scope of this project unless specifically listed in Appendix B. 2.5.OpenGov Responsibilities 2.5.1.Activity 1 –Project Management OpenGov will provide project management for the OpenGov responsibilities in this SOW. The purpose of this activity is to provide direction to the OpenGov project personnel and to provide a framework for project planning,communications,reporting,procedural and contractual activity.This activity is composed of the following tasks: Planning OpenGov will: A.review the SOW,contract and project plan with Customer ’s Project Manager and key stakeholders to ensure alignment and agreed upon timelines; B.maintain project communications through your Project Manager; C.establish documentation and procedural standards for deliverable Materials;and D.Collaborate with your Project Manager to prepare and maintain the project plan for the performance of this SOW which will include the activities,tasks,assignments, and project milestones. Project Tracking and Reporting OpenGov will: A.review project tasks,schedules,and resources and make changes or additions,as appropriate.Measure and evaluate progress against the project plan with your Project Manager; B.work with your Project Manager to address and resolve deviations from the project plan; C.conduct regularly scheduled project status meetings;and D.administer the Project Change Control Procedure with your Project Manager. Completion Criteria: This is an on-going activity which will be considered complete at the end of the Services contract. Deliverable Materials: ●Weekly status reports 2023 Statement of Work v1 5 Page 97 of 122 ●Project plan ●Project Charter ●Risk,Action,Issues and Decisions Register (R AID) 2.5.2.Activity 2 –Initialization OpenGov will provide the following: A.Customer Entity configuration B.System Administrators creation C.Solution Blueprint creation D.Data Validation strategy confirmation Completion Criteria: This activity will be considered complete when: ●Customer Entity is created ●System Administrators have access to Customer Entity ●Solution Blueprint is presented to Customer Deliverable Materials: ●Solution Blueprint ●Sign-off of Initial Draft Solution Blueprint 2.5.3.Activity 3 –OpenGov Domains OpenGov will provide the following: Enterprise Asset Management Domains A.Fleet B.Transportation Completion Criteria: This activity will be considered complete when: ●Instance setup is completed ●Requirements Gathering is completed ●Start up Data is loaded ●Asset Installation is completed ●Data conversion is completed Deliverable Materials: ●Formal sign off document 2.5.4.Activity 4 –Training Training will be provided in instructor-led virtual sessions unless otherwise specified in Appendix B.For any instructor-led virtual sessions,the class size is recommended to be 10, for class sizes larger than 10 it may be necessar y to have more than one instructor. 2023 Statement of Work v1 6 Page 98 of 122 Completion Criteria: ●Software training is delivered Deliverable Materials: ●Formal sign off document 2.6.Your Responsibilities The completion of the proposed scope of work depends on the full commitment and participation of your management and personnel.The responsibilities listed in this section are in addition to those responsibilities specified in the Agreement and are to be provided at no charge to OpenGov.OpenGov's performance is predicated upon the following responsibilities being managed and fulfilled by you.Delays in performance of these responsibilities may result in delay of the completion of the project and will be handled in accordance with Appendix A-2:Project Change Control Procedure. 2.6.1.Your Project Manager Prior to the start of this project,you will designate a person called your Project Manager who will be the focal point for OpenGov communications relative to this project and will have the authority to act on behalf of you in all matters regarding this project. Your Project Manager's responsibilities include the following: A.manage your personnel and responsibilities for this project (for example:ensure personnel complete any self-paced training sessions,configuration,validation or user acceptance testing); B.serve as the interface between OpenGov and all your departments participating in the project; C.administer the Project Change Control Procedure with the Project Manager; D.participate in project status meetings; E.obtain and provide information,data,and decisions within five (5)business days of OpenGov ’s request unless you and OpenGov agree in writing to a different response time; F.resolve deviations from the estimated schedule,which may be caused by you; G.help resolve project issues and escalate issues within your organization,as necessar y;and H.create,with OpenGov ’s assistance,the project plan for the performance of this SOW which will include the activities,tasks,assignments,milestones and estimates. 2023 Statement of Work v1 7 Page 99 of 122 2.7.Completion Criteria OpenGov will have fulfilled its obligations under this SOW when any of the following first occurs: A.OpenGov accomplishes the activities set forth in “OpenGov responsibilities”section and delivers the services in Appendix B as listed,if any;or B.The End date is reached 2.8.Estimated Schedule OpenGov will schedule resources for this project upon signature of the order form.Unless specifically noted,the OpenGov assigned project manager will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources,and the timeliness of deliverables provided by the Customer. The Ser vices are currently estimated to start within two (2)weeks but no later than four (4) weeks from signatures and have an estimated end date of nine months after signatures (“End Date”)or on other dates mutually agreed to between you and OpenGov. 2.9.Illustrative Project Timelines The typical project timelines are for illustrative purposes only and may not reflect your use cases. 2.10.Offer Expiration Date This offer will expire on March 8 2024 unless extended by OpenGov in writing. 2023 Statement of Work v1 8 Page 100 of 122 Appendix A:Engagement Charter A-1:Communication and Escalation Procedure Active engagement throughout the implementation process is the foundation of a successful deployment.To help assess progress,address questions,and minimize risk during the course of deployment both parties agree to the following: ●Regular communication aligned to the agreed upon project plan and timing. ○OpenGov expects our customers to raise questions or concerns as soon as they arise.OpenGov will do the same,in order to be able to address items when known. ●Executive involvement ○Executives may be called upon to clarify expectations and/or resolve confusion. ○Executives may be needed to steer strategic items to maximize the value through the deployment. ●Escalation Process: ○OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility,and documentation in the event an escalation is needed to support issues raised ●Identification of an issue impeding deployment progress,outcome or capturing the value proposition,that is not acceptable. ●Customer or OpenGov Project Manager summarizes the problem statement and impasse. ●Customer and OpenGov Project Managers jointly will outline solution, acceptance or schedule Executive review. ●Resolution will be documented and signed off following Executive review. ●Phase Sign-Off ○OpenGov requests sign-offs at various stages during the implementation of the project.Once the Customer has signed-off,any additional changes requested by Customer on that stage will require a paid change order for additional hours for OpenGov to complete the requested changes. A-2:Change Order Process This SOW and related efforts are based on the information provided and gathered by OpenGov. Customers acknowledge that changes to the scope may require additional effort or time, resulting in additional cost.Any change to scope must be agreed to in writing or email,by both Customer and OpenGov,and documented as such via a: ●Change Order -Work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change,it may or may not alter the original contract amount or completion date and be paid for by Customer.Changes might include: o Timeline for completion o Sign off process o Cost of change and Invoice timing o Amending the SOW to correct an error. 2023 Statement of Work v1 9 Page 101 of 122 o Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov. o Change in type of OpenGov resources to support the SOW. A-3:Deliverable Materials Acceptance Procedure Deliverable Materials as defined herein will be reviewed and accepted in accordance with the following procedure: ●The deliverable Material will be submitted to your Project Manager. ●Your Project Manager will have decision authority to approve/reject all project Criteria, Phase Acceptance and Engagement Acceptance. ●Within five (5)business days of receipt,your Project Manager will either accept the deliverable Material or provide OpenGov ’s Project Manager a written list of requested revisions.If OpenGov receives no response from your Project Manager within five (5) business days,then the deliverable Material will be deemed accepted.The process will repeat for the requested revisions until acceptance. ●All acceptance milestones and associated review periods will be tracked on the project plan. ●Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project. ●For any tasks not yet complete,OpenGov and/or Customer will provide sucient resources to expedite completion of tasks to prevent negatively impacting the project. ●Any conflict arising from the deliverable Materials Acceptance Procedure will be addressed as specified in the Escalation Procedure set forth in Appendix A-1.As set forth in the “Customer Delays”provision of the Agreement,if there are extended delays (greater than 10 business days)in Customer ’s response for requested information or deliverable;OpenGov may opt to put the project on an "On Hold"status.After the Customer has fulfilled its obligations,Professional Services can be resumed and the project will be taken off the "On-Hold"status. ●Putting a project “on Hold”may have several ramifications including,but not restricted,to the following: ○Professional Services to the customer could be stopped; ○Delay to any agreed timelines;or ○Not having the same Professional Services team assigned. 2023 Statement of Work v1 10 Page 102 of 122 Appendix B:Implementation Activities B-1:Phase I Setup OpenGov will: ●Setup a hosted,sandbox and production OpenGov Asset Management environment. ●Provide a template file to be utilized by your staff to populate Roles and Users to be utilized for OpenGov Asset Management. ●Utilize the template to create users and roles in OpenGov Asset Management.(Note: Subsequent User and/or Role changes will be your administrator ’s responsibility.) ●Setup the OpenGov Asset Management Platform,including the Request,Work,Resource, and Asset Management areas of the software.Asset Management solutions will be setup for all solutions referenced in the Assets section of the scope unless other wise noted. Requirements Gathering OpenGov will ●Provide a remote,up to eight (8)hours,requirement gathering workshop to increase our understanding of your business and functional goals.Through workshops and interviews, OpenGov will identify best fit scenarios for OpenGov Asset Management and provide a brief including any challenges as well as recommendations for OpenGov Asset Management best practices relevant to your implementation. Configurations OpenGov will: ●Provide configuration services,including: o Up to ten (10)custom fields and up to two (2)custom layouts per asset type listed in the Assets section below o Up to thirty (30)custom fields and up to ten (10)custom layouts to be utilized in any of the shared areas of the system,such as Tasks o Up to twenty (20)automations o Up to twenty (20)preventative maintenance plans Training OpenGov will: Foundational Training ●Provide remote train-the-trainer training,up to two (2)hours,on overall system navigation and functionality to help familiarize your staff with the software environment and its common functions.Training topics include: o Dashboards o Standard KPI/ROI Gadgets o Logins/Permission o Layers o Filters o Maps o Grids o System Navigation o Views (List &Detail) 2023 Statement of Work v1 11 Page 103 of 122 o Standard Reports o Attachments o Requests,Work,Assets,Resources,Reports,and Administrator Tabs ●Provide remote train-the-trainer training,up to one (1)hour,for an overview of Preventative Maintenance Plans. ●Provide remote train-the-trainer training,up to one (1)hour,for an overview of Asset Condition Manager and Advanced Inspections. ●Provide remote train-the-trainer training,up to two (2)hours,for an overview of Reporting. ●Provide remote train-the-trainer training,up to two (2)hours,on OpenGov Asset Management Esri integration functionality.Training topics include: o OpenGov Asset Management Esri integration configuration options o Integration functionality (basemap and feature) o Overall Esri integration requirements,considerations,and OpenGov recommended best practices Train the Trainer Training Event ●Provide a two day onsite "train-the-trainer"training event.The training agenda will be defined and agreed upon by both OpenGov and your project manager.To avoid redundancy, and to utilize service time eciently,training may cover a subset of the assets listed in the Asset section of the scope.Topics may include any of the following: o Request Management: ▪Requests ▪Requesters ▪Task Creation from Requests ▪Issue library (including settings such as Applies to Asset and Non-Location) ▪OpenGov recommended best practices for Request and Requester Management o Work Management: ▪Create Task(s)(Asset/Non-Asset) ▪Assignments (Add,Edit,Remove) ▪Task Menu Actions ▪Related Work Items ▪Create Work Order ▪Associate Task to WO ▪Repeat Work Orders ▪Work Order Menu Actions ▪Enter Resources ▪Timesheets ▪Activity librar y (including settings such as Applies to Asset,Inspection,Key Dates,Cost,and Productivity) ▪OpenGov recommended best practices for Work Management o Asset Management: ▪Asset Details ▪Preventative Maintenance Plans ▪Inspections ▪Linked assets (if applicable) ▪Container/Component Relationships (if applicable) ▪OpenGov recommended best practices for Asset Management 2023 Statement of Work v1 12 Page 104 of 122 o Resource Management: ▪Resource Details ▪Labor/Equipment Rates ▪Material Management (Stock,Usage,Adjustments) ▪Vendor Price Quotes ▪OpenGov recommended best practices for Resource Management o OpenGov Mobile: ▪Overall system functionality (Navigation,Interface,Maps,Attachments, Sorting) ▪Work Management ●Create and Update Tasks (Asset/Non-Asset) ●Assign Tasks ●Enter Resources ●Inspections ▪Asset Management ●Create and Update Assets ▪Request Management ●View and Update Requests ●View Requester information ●Create Task from Request ▪OpenGov recommended best practices for mobile device use o Fleet Management: ▪Preventative Maintenance ▪Task Management ▪Vehicle Replacement Ratings (VRR)Equipment Detail information ▪Fleet Reports ▪OpenGov recommended best practices for Fleet Management o Administrator: ▪Administrator: ●User Administration,Role Administration,Asset Administration,Record Filter Administration,Import/Export,Scheduled Process Log,Error Log ▪Settings: ●System Settings,Map Administration,Geocode Settings,Asset Color Manager ▪Manager: ●Layout Manager,Library Manager,Preventative Maintenance,Asset Condition Manager,Notification Manager,Structure Manager,Automation ●Manager Advanced Training Topics: ●Provide Preventative Maintenance Plans remote train-the-trainer training,up to three (3) hours.Training topics include: o Preventative Maintenance o OpenGov recommended best practices for proactive asset management Go-Live Support OpenGov will: ●Provide a remote,up to four (4)hours,web conferences,to be utilized for Go-Live Support. The agenda will be defined,and agreed upon,by both your and OpenGov ’s project managers. Topics may include any of the following: 2023 Statement of Work v1 13 Page 105 of 122 o Refresher training for items listed in the scope of work o Software and process support for staff during production roll out o Field,Layout,and Report configuration guidance,if applicable Data Services OpenGov will: ●Provide one sandbox and one production data load service through standard import/export functionality.OpenGov will provide template documents for data population.Once populated by your staff,OpenGov will load the data into your sandbox or production OpenGov Asset Management environment.Data loads may include data such as: o Parent level asset records o Asset location (spatial x/y)attributes o Parent level resource (Labor,Equipment Material,Vendor)records o Resource Rate (Labor,Equipment,Material)records o Standard system libraries ●Provide ser vice for your historical data listed below: o JetFleet data related to:current material inventory,equipment inventory &work history o For the custom data conversion service(s)listed above,OpenGov will provide: ▪A review of the historical data along with recommendations for OpenGov Asset Management best fit. ▪A field map workshop,which will identify where and how historical data will appear within OpenGov Asset Management ▪A test conversion service to facilitate data conversion validation and testing ▪One revision of the field map used for the test conversion service ▪A production conversion service utilizing the final,approved field map o All data must be accessible to OpenGov from a SQL DB,SQL View,Access DB or Comma Delimited Files. Assets OpenGov will: ●Provide installation and training on the following asset types: o Transportation (8) ▪Bridge;Light Fixture;Pavement;Sign;Guardrail;Marking;Pavement Area; Support o Fleet (1) ▪Fleet 2023 Statement of Work v1 14 Page 106 of 122 OpenGov Inc. 660 3rd Street, Suite 100 San Francisco, CA 94107 United States Order Form Number:OG-030028 Created On: 2/8/2024 Prepared By: Alex Martinez Order Form Expiration: 2/29/2024 Email: amartinez@opengov.com Subscription Start Date: 3/1/2024 Contract Term:36 Months Subscription End Date: 2/28/2027 Customer Information Customer:City of Farmington, MN Contact Name:John Powell Bill To/Ship To:430 3rd St Email:jpowell@farmingtonmn.gov Farmington, Minnesota 55024 United States Order Details Billing Frequency:Annually in Advance Payment Terms:Net Thirty (30) Days SOFTWARE SERVICES: Product / Service Start Date End Date Annual Fee Enterprise Asset Management Tramsportaton Domain, Asset Builder 3/1/2024 2/28/2025 $13,800.00) Enterprise Asset Management Tramsportaton Domain, Asset Builder 3/1/2025 2/28/2026 $14,490.00) Enterprise Asset Management Tramsportaton Domain, Asset Builder 3/1/2026 2/28/2027 $15,214.50) Annual Subscription Total: See Service Terms PROFESSIONAL SERVICES: Product / Service Description OpenGov Deployment — One Time Fee (Prepaid Hours)Product configuration, setup, and training described in the attached SOW. Includes $2,400.00 for Expense Reimbursement Professional Services Total:$31,746.00 Serivce Terms Service Date:Amount: March 1, 2024 $43,146.00)(Annual Software Fee + Professional Services) March 1, 2025 $14,490.00) March 1, 2026 $15,214.50) Billed As Incurred $2,400.00 (Expense Reimbursement) Order Form Legal Terms This Order Form incorporates the OpenGov Master Services Agreement ("MSA") attached here or available at https://opengov.com/terms-of-service/master-services-agreement/. The "Agreement" between OpenGov and the entity identified above ("Customer") consists of the Order Form, MSA, and, if Professional Services are purchased, the Statement of Work. Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, 30 days from receipt of the invoice. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the Agreement to the exclusion of all other terms. City of Farmington, MN OpenGov, Inc. Signature:Signature: Name:Name: Title:Title: Date:Date: Page 107 of 122 1 OpenGov Master Services Agreement City of Farmington, MN | February 16, 2024 229969v1 OpenGov Master Services Agreement The parties to this Master Services Agreement (this “Agreement”) are OpenGov, Inc., a Delaware corporation (“OpenGov”), and the City of Farmington, a Minnesota municipal corporation (“Customer”). This Agreement, which becomes binding when the parties have signed it (the “Effective Date”), sets forth the terms under which Customer will be permitted to use OpenGov’s hosted software services and receive professional services. 1. Definitions 1.1. “Customer Data” means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer’s software systems of record). Customer Data does not include any confidential personally identifiable information. 1.2. “Documentation” means materials produced by OpenGov that provide information about OpenGov’s software products and systems. Customers may access the most up-to-date Documentation on the Customer Resource Center page at opengov.zendesk.com. 1.3. “Intellectual Property Rights” means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature. 1.4. “Order Form” means the document executed by the parties that specifies the Software Services that OpenGov will provide to Customer under this Agreement. 1.5. “Term” refers to the Initial Term defined in Section 6.1 plus all Renewal Terms defined in Section 6.2. 2. Software Services, Support, and Professional Services 2.1. Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to provide the commercial off-the-shelf software solutions identified in the applicable Order Form (“Software Services”). 2.2. Support and Service Levels. Customer support is available by email to support@opengov.com or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov’s standard business hours. Customer may report issues any time. However, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at opengov.com/service-sla, as long as Customer is entitled to receive support under the applicable Order Form and this Agreement. 2.3. Professional Services 2.3.1. If OpenGov or its authorized independent contractors provides professional services Page 108 of 122 2 OpenGov Master Services Agreement City of Farmington, MN | February 16, 2024 229969v1 to Customer, such as implementation services, then these professional services (“Professional Services”) will be described in an applicable statement of work (“SOW”) agreed to by the parties. Unless otherwise specified in the SOW, any pre-paid Professional Services must be utilized within one year from the Effective Date. 2.3.2. Relevant travel expenses are provided in the SOW. Any other travel expenses related to the performance of the Professional Services shall be pre-approved by and reimbursed by Customer. 3. Restrictions and Responsibilities 3.1. Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement and Documentation. In addition, Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform. 3.2. Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party software systems of record (such as Customer’s ERP systems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov. 4. Intellectual Property Rights; License Grants; Access to Customer Data 4.1. Software Services. OpenGov owns all interests and Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov. Customer may not copy, imitate, or use them, in whole or in part, without OpenGov’s prior written consent. Subject to Customer’s obligations under this Agreement, OpenGov grants Customer a non-exclusive, royalty-free license during the Term to use the Software Services. 4.2. Customer Data. Customer Data and the Intellectual Property Rights therein belong to the Customer. Customer grants OpenGov and its partners (such as hosting providers) a non- exclusive, royalty-free license to use, store, edit, and reformat the Customer Data for the purpose of providing the Software Services. Customer further agrees that OpenGov and its partners may use aggregated, anonymized Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, and data Page 109 of 122 3 OpenGov Master Services Agreement City of Farmington, MN | February 16, 2024 229969v1 analysis. Insights gleaned from aggregated, anonymized Customer Data will belong to OpenGov. 4.3. Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, excluding during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer. 4.4. Deletion of Customer Data. Unless otherwise requested pursuant to this Section 4.4, upon the termination of this Agreement, the Customer Data shall be deleted pursuant to OpenGov’s standard data deletion and retention practices. Upon written request, Customer may request deletion of Customer Data prior to the date of termination of this Agreement. Such a request must be addressed to “OpenGov Vice President, Customer Success” at OpenGov’s address for notice in Section 10.2. 4.5. Feedback. “Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums. Customer grants OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer’s Feedback. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer’s Feedback including all Intellectual Property Rights in and to the improvements and modifications. 5. Confidentiality 5.1. “Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure. OpenGov’s Confidential Information includes, without limitation, the software underlying the Software Services, and all Documentation. 5.2. Confidential Information does not include: (a) data that the Customer has previously released to the public; (b) data that Customer would be required to release to the public upon request under applicable federal, state, or local public records laws; (c) Customer Data that Customer requests OpenGov make available to the public in conjunction with the Software Services; (d) information that becomes publicly known through no breach by either party; (e) information that was rightfully received by a party from a third party without restriction on use or disclosure; or (f) information independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information. 5.3. Each party agrees to obtain prior written consent before disclosing any of the other party's Confidential Information. Each party further agrees to use the other's Confidential Information only in connection with this Agreement. Each party further agrees to protect the other party's Confidential Information using the measures that it employs with respect to its own Confidential Information of a similar nature, but in no Page 110 of 122 4 OpenGov Master Services Agreement City of Farmington, MN | February 16, 2024 229969v1 event with less than reasonable care. If a party is required to disclose Confidential Information by law or court order, they must notify the other party in writing before making the disclosure to give the other party an opportunity to oppose or limit the disclosure. 5.4. The parties understand that the Minnesota Government Data Practices Act (MGDPA), Minn. Stat. Ch. 13 applies to all data created, collected, received, stored, used, maintained, or disseminated by the parties in the performance of their roles and responsibilities under this Agreement. 6. Term and Termination 6.1. Initial Term. This Agreement begins on the Effective Date and ends on the date the subscription ends (“Initial Term”), according to the Order Form, unless sooner terminated pursuant to Section 6.3. 6.2. Renewal. This Agreement shall automatically renew for another period of the same duration as the Initial Term (each one is a new “Renewal Term”) unless either party notifies the other party of its intent not to renew this Agreement in writing no less than 30 days before the end of the then-current term. 6.3. Termination. If either party materially breaches any term of this Agreement and fails to cure such breach within 30 days after receiving written notice by the non-breaching party (10 days in the case of non-payment), the non-breaching party may terminate this Agreement. Neither party shall have the right to terminate this Agreement early without a legally valid cause. 6.4. Effect of Termination. Upon termination of this Agreement pursuant to Section 6.1, 6.2, or 6.3: (a) Customer shall pay in full for all Software Services and Professional Services performed up to and including the date of termination or expiration, (b) OpenGov shall stop providing Software Services and Professional Services to Customer; and (c) each party shall (at the other party’s option) return or delete any of the other party’s Confidential Information in its possession, insofar as such return or deletion is compliant with relevant records laws. 7. Payment of Fees 7.1. Fees; Invoicing; Payment; Expenses. 7.1.1. Fees. Fees for Software Services and for Professional Services are set forth in the applicable Order Form, and OpenGov will invoice Customer accordingly. Customer agrees to pay invoices within 30 days without setoffs, withholdings or deductions of any kind. Invoices are deemed received when OpenGov emails them to Customer’s designated billing contact. Obligations to pay fees are non-cancelable, and payments are non-refundable. 7.1.2. Annual Software Maintenance Price Adjustment. OpenGov shall increase the fees for the Software Services during any Renewal Term by 5% each year of the Renewal Term. Page 111 of 122 5 OpenGov Master Services Agreement City of Farmington, MN | February 16, 2024 229969v1 7.1.3. Travel Expenses. OpenGov will invoice Customer for travel expenses provided in the SOW as they are incurred. Customer shall pay all such valid invoices within 30 days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice. 7.1.4. Customer Delays; On Hold Fee. 7.1.4.1. On Hold. Excluding delays caused by a force majeure event as described in Section 10.5, if OpenGov determines that Customer’s personnel or contractors are not completing Customer’s responsibilities described in the applicable SOW timely or accurately, OpenGov may place the Professional Services on hold. If OpenGov places a Customer on hold, OpenGov will ensure that Customer is made aware of its obligations necessary for OpenGov to continue performing the Professional Services. Upon placing a customer on hold, OpenGov may, without penalty, suspend Professional Services to the Customer and reallocate resources until the Customer has fulfilled its obligations. OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional Services occasioned by Customer’s failure to complete Customer’s responsibilities. 7.1.4.2. On Hold Notice; On Hold Fee. OpenGov may also issue an “On Hold Notice” specifying that the Customer will be invoiced for lost time in production (e.g., delayed or lost revenue resulting from rescheduling work on other projects, delay in receiving milestone payments from Customer, equipment, hosting providers and human resources idle) for a fee equal to 10% of the first year’s fee for Software Services. OpenGov may remove the on hold status and may rescind the fee in its discretion upon Customer’s fulfillment of its obligations set out in the On Hold Notice. And OpenGov may extend the timeline to complete certain Professional Services depending on the availability of qualified team resources (OpenGov cannot guarantee that these team resources will be the same as those who were working on the project prior to it being placed On Hold). 7.2. Consequences of Non-Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, (a) Customer will owe late interest penalty of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower and (b) If Customer’s account remains delinquent (with respect to payment of a valid invoice) for 30 days after receipt of a delinquency notice from OpenGov, which may be provided via email to Customer’s designated billing contact, OpenGov may temporarily suspend Customer’s access to the Software Service for up to 90 days to pursue good faith negotiations before pursuing termination in accordance with Section 6.3. Customer will continue to incur and owe all applicable fees irrespective of any such Service suspension based on such Customer delinquency. 7.3. Taxes. All fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes (“Sales Taxes”). Customer is solely responsible for any and all Sales Page 112 of 122 6 OpenGov Master Services Agreement City of Farmington, MN | February 16, 2024 229969v1 Taxes, not including taxes based solely on OpenGov’s net income. If any Sales Taxes related to the fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov. 8. Representations and Warranties; Disclaimer 8.1. By OpenGov. 8.1.1. General Warranty. OpenGov represents and warrants that it has all right and authority necessary to enter into and perform this Agreement. 8.1.2. Professional Services Warranty. OpenGov further represents and warrants that the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related SOW and generally prevailing industry standards. For any breach of the Professional Services warranty, Customer’s remedy will be the re-performance of the applicable services. If OpenGov is unable to re- perform such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must give written notice of any claim under this warranty to OpenGov within 90 days of performance of such work to receive such warranty remedies. 8.1.3. Software Services Warranty. OpenGov further represents and warrants that for a period of 90 days after the Effective Date, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error-free. Customer must give written notice of any claim under this warranty to OpenGov during the Term. OpenGov’s liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre-paid, unused portion of the fee for such Software Services. 8.2. By Customer. Customer represents and warrants that it has all right and authority necessary to enter into and perform this Agreement. 8.3. Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS” Page 113 of 122 7 OpenGov Master Services Agreement City of Farmington, MN | February 16, 2024 229969v1 AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 9. Limitation of Liability 9.1. By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 9.2. By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 9.3. Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party’s intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either party’s infringement of the other party’s Intellectual Property Rights. 9.4. No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer. 10. Miscellaneous 10.1. Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade names for marketing and promotional purposes in OpenGov’s website and marketing materials, subject to Customer’s trademark usage guidelines provided to OpenGov. 10.2. Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone. However, for notices, including legal notices, required by the Agreement (in sections where the word “notice” appears) the parties must communicate more formally in a writing sent via USPS certified mail and via email. OpenGov’s addresses for notice are: OpenGov, Inc., 6525 Crown Blvd #41340, San Jose, CA 95160, and legal@opengov.com. 10.3. Anti-corruption. Neither OpenGov nor any of its employees or agents has offered or provided any illegal or improper payment, gift, or transfer of value in connection with this Agreement. The parties will promptly notify each other if they become aware of any violation of any applicable anti-corruption laws in connection with this Agreement. Page 114 of 122 8 OpenGov Master Services Agreement City of Farmington, MN | February 16, 2024 229969v1 10.4. Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party’s intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief. 10.5. Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than undisputed payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing. 10.6. Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. 10.7. Survival. The following sections of this Agreement shall survive termination: Section 5. (Confidentiality), Section 7 (Payment of Fees), Section 4.4 (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous). 10.8. Assignment. There are no third-party beneficiaries to this Agreement. Except as set forth in this Section 10.8, neither party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's written consent, which consent may not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to its corporate affiliate or to any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement will benefit and bind permitted assigns and successors. 10.9. Independent Contractors. This Agreement does not create an agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other. 10.10. Governing Law and Jurisdiction. Minnesota laws govern this Agreement, without regard to conflict of laws principles. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent jurisdiction located in Dakota County, Minnesota, and the parties submit to the personal jurisdiction and venue therein. 10.11. Complete Agreement. OpenGov has made no other promises or representations to Page 115 of 122 9 OpenGov Master Services Agreement City of Farmington, MN | February 16, 2024 229969v1 Customer other than those contained in this Agreement. Any modification to this Agreement must be in writing and signed by an authorized representative of each party. Signatures Customer: City of Farmington, MN Signature: Name: Title: Date: OpenGov, Inc. Signature: Name: Title: Date: Page 116 of 122 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Resolution Authorizing the Submittal of a Minnesota Department of Natural Resources Outdoor Recreation Grant Program Application Meeting: Regular Council - Feb 20 2024 INTRODUCTION: The Minnesota Department of Natural Resources (DNR) announced grant funding opportunities for park and trail projects across Minnesota. Applications are now being accepted for grant programs including outdoor recreation, natural and scenic areas, regional trail, local trail connections, and federal recreational trails. These grants help local governments in the state create partnerships with the DNR to fund projects ranging from local parks to regional trails to trail connections. The DNR Outdoor Recreation Grant Program was identified as a funding option and source in the approved Rambling River Park Master Plan. DISCUSSION: The Outdoor Recreation Grant Program’s purpose is “To increase and enhance recreation facilities in local and community parks throughout the state.” This grant program provides matching grants to local and/or development, acquisition, of cost the of to up for government of units 50% redevelopment of local parks and recreation areas. The maximum grant award is $350,000 for a total project cost of at least $700,000. The program requires a one-to-one match which can consist of cash, value of materials, labor and equipment usage by the local sponsor, donations, or any combination thereof. Eligible recreation facilities must include one or more major recreation facilities as identified by the DNR in the project proposal. A permanent skatepark is one of the eligible recreation facilities. Support facilities are also eligible for funding as part of a grant application that contains at least one major facility as identified by the DNR. Support facilities include, but are not limited to, landscaping, lighting, park furnishings such as benches, drinking fountains, picnic tables, and trash receptacles, and walkways or accessible routes that connect facilities to one another. During the Rambling River Park master planning process, public and stakeholder engagement showed a strong desire for a skate park in the community to serve preteens and teens who are currently going to other communities for skating, scootering, and biking. The approved master plan for the park included constructing a skate park at Feely Fields as a short-term project. Also included in the master plan is support facilities of new shade structure, trails from the parking lot to the skate park and shade structure, and trees. In the last several years, the Parks and Recreation Commission’s priority, besides new inclusive Page 117 of 122 playground equipment at Rambling River Park, is adding a skate park to the park system. The playground equipment is ordered and should be installed by July 15, 2024. The Parks and Recreation Commission discussed the Outdoor Recreation Grant Program at their January 10, 2024 meeting. The Commission unanimously approved a recommendation to the City Council to authorize the City’s grant application for the Outdoor Recreation Grant Program for a skatepark and support facilities with matching funds of $350,000. Dakota County retained the services of Hoisington Koegler Group, Inc. (HKGi) to write the grant application for the City, so there is no cost to the City for this service. The grant application deadline is April 1, 2024. The DNR will provide feedback on draft applications submitted by February 29, 2024, which HKGi plans to do, so the City’s grant application can be as competitive as possible. Funding announcements will be made in the summer, and projects must be completed by June 30, 2026. One of the requirements to be submitted and for an application to be considered is the local government unit must adopt a resolution authorizing to act as a legal sponsor and authorizing the DNR Outdoor Recreation Grant Program application from the local government unit. Included in the packet is a resolution authorizing the City of Farmington to act as a legal sponsor and submit an application to the DNR for an Outdoor Recreation Grant that will be used for the design and construction of a skate park and support facilities. BUDGET IMPACT: This grant program requires a one-to-one match for up to 50% of the total project cost. The maximum grant is $350,000 for a total project cost of at least $700,000. HKGi’s cost estimate of the skate park in the Rambling River Park Master Plan was $500,000. This estimate doesn’t include the identified support facilities in the Master Plan. All facilities improved with this grant project must meet current Americans with Disabilities (ADA) standards including access routes to all recreation facilities must be provided. Thus, a bituminous walkway from the parking lot to the skate park and shade structure will need to be constructed. Based on the aforementioned, Staff recommend applying for the maximum grant amount of $350,000 for a total project cost of at least $700,000. This means the City would need to provide $350,000 to match the Outdoor Recreation Grant if it was approved for $350,000. Staff recommend using Liquor Operations Community Projects funds in the amount of up to $350,000 for the match. Currently, there is $389,328 in this fund. This number is prior to completion of the audit, and it appears the City could potentially have $459,000 in the Community Projects fund once the audit is finished. ACTION REQUESTED: Adopt Resolution 2024-21 Authorizing to Act as Legal Sponsor and Authorization for DNR Outdoor Recreation Grant Program Application for design and construction of a skate park and support facilities and approve the matching funds of up to $350,000 to come from the Liquor Operations Community Projects fund. ATTACHMENTS: 2024-21 Authorizing DNR Outdoor Recreation Grant Program Application Page 118 of 122 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-21 A RESOLUTION AUTHORIZING TO ACT AS LEGAL SPONSOR AND AUTHORIZATION FOR DNR OUTDOOR RECREATION GRANT PROGRAM APPLICATION BE IT RESOLVED that the City of Farmington act as legal sponsor for the project contained in the Outdoor Recreation Grant application to be submitted on 29 / March / 2024 and that Kellee Omlid, Parks and Recreation Director, is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of Farmington. BE IT FURTHER RESOLVED that the applicant maintains an adequate Conflict of Interest Policy and, throughout the term of the contract, will monitor and report any actual or potential conflicts of interest to the State, upon discovery. BE IT FURTHER RESOLVED that the City of Farmington has the legal authority to apply for financial assistance, and it has the financial capability to meet the match requirement (if any) and ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Farmington has not incurred any development costs and has not entered into a written purchase agreement to acquire the property described in the Cost Breakdown section on this application. BE IT FURTHER RESOLVED that the City of Farmington has or will acquire fee title or permanent easement over all the land described in the boundary map or recreational site plan included in the application. BE IT FURTHER RESOLVED that, upon approval of its application by the State, The City of Farmington may enter into an agreement with the State for the above- referenced project, and that the City of Farmington certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for uses consistent with the funding grant program into perpetuity. NOW, THEREFORE BE IT RESOLVED that THE PARKS AND RECREATION DIRECTOR is hereby authorized to execute such agreements as necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Farmington on 20 / February / 2024. Page 119 of 122 RESOLUTION 2024-21 Page 2 of 2 SIGNED: WITNESSED: ________________________________ _____________________________________ (Signature) (Signature) Joshua Hoyt, Mayor _______ Shirley R Buecksler, City Clerk_________ (Title) (Date) (Title) (Date) Page 120 of 122 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Deanna Kuennen, Community Dev Director Department: Community Development Subject: Community Development Department 2023 Recap and 2024 Goals Meeting: Regular Council - Feb 20 2024 INTRODUCTION: Staff will present an overview of 2023 accomplishments, and present 2024 goals. DISCUSSION: The Community Development Department consists of Community Development, Economic Development, Building Inspections, and Planning & Zoning. Together, these divisions touch all aspects of development in the community from ideation through permitting and actualization. The Community Development Team will provide an overview of recent accomplishments and identify goals and priorities for the upcoming year. BUDGET IMPACT: Not applicable ACTION REQUESTED: None. Page 121 of 122 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Public Works 2023 Annual Update Meeting: Regular Council - Feb 20 2024 INTRODUCTION: An overview of the 2023 accomplishments and activities for Public Works will be presented. DISCUSSION: The Public Works Director/City Engineer will review Public Works' 2023 accomplishments and will highlight goals for 2024. BUDGET IMPACT: Not applicable ACTION REQUESTED: Information only Page 122 of 122