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HomeMy WebLinkAbout07.15.24 Council PacketMeeting Location: Farmington City Hall, Council Chambers 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Monday, July 15, 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. Appointment of Additional Election Judges for the 2024 Election Cycle Agenda Item: Appointment of Additional Election Judges for the 2024 Election Cycle - Pdf 4 - 6 7.2. Amended Final Plat for Vermillion River Crossings Third Addition Agenda Item: Amended Final Plat for Vermillion River Crossings Third Addition - Pdf 7 - 10 7.3. Second Quarter Construction Report (2024) Agenda Item: Second Quarter Construction Report (2024) - Pdf 11 - 13 7.4. Payment of Claims Agenda Item: Payment of Claims - Pdf 14 - 15 Payment of Claims 7.5. Staff Changes and Recommendations Agenda Item: Staff Changes and Recommendations - Pdf 16 7.6. City of Farmington - Firewall Upgrade 17 - 22 Page 1 of 114 Agenda Item: City of Farmington - Firewall Upgrade - Pdf 7.7. Accepting A Donation of a Park Sign for Daisy Knoll Park Agenda Item: Accepting A Donation of a Park Sign for Daisy Knoll Park - Pdf 23 - 24 7.8. Additional Services Authorization with JLG Architects for Building Commissioning Agenda Item: Additional Services Authorization with JLG Architects for Building Commissioning - Pdf 25 - 28 7.9. Professional Services Agreement with Alliant Engineering, Inc. for Staff Augmentation Agenda Item: Professional Services Agreement with Alliant Engineering, Inc. for Staff Augmentation - Pdf 29 - 41 7.10. Professional Services Agreement with Alliant Engineering, Inc. for the 2025 Street Improvements Preliminary Design Agenda Item: Professional Services Agreement with Alliant Engineering, Inc. for the 2025 Street Improvements Preliminary Design - Pdf 42 - 64 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 10.1. Public Park, Trails and Open Space Dedication Ordinance Approve and pass Ordinance 2024-08, amending Title 11, Chapter 4, of the Farmington City Code regarding Public Park, Trails and Open Space Dedication. Agenda Item: Public Park, Trails and Open Space Dedication Ordinance - Pdf 65 - 79 11. UNFINISHED BUSINESS 12. NEW BUSINESS 12.1. Authorizing Issuance and Awarding Sale of General Obligation Bonds, Series 2024A Staff recommends adoption of updated Resolution 2024-63, awarding sale of General Obligation Bonds, Series 2024A to the low bidder, as presented by Northland Securities. Agenda Item: Authorizing Issuance and Awarding Sale of General Obligation Bonds, Series 2024A - Pdf 80 - 114 13. CITY COUNCIL ROUNDTABLE Page 2 of 114 14. ADJOURN Page 3 of 114 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Appointment of Additional Election Judges for the 2024 Election Cycle Meeting: Regular Council - Jul 15 2024 INTRODUCTION: For Council approval is a resolution appointing additional Election Judges for the 2024 election cycle. DISCUSSION: Per Minnesota Statutes 204B.21, "Election Judges for precincts in a municipality shall be appointed by the governing body of the municipality. Appointments shall be made at least 25 days before the election at which the election judges will serve, except that the appointing authority may pass a resolution authorizing the appointment of additional election judges within the 25 days before the election if the appointing authority determines that additional election judges will be required." Additional Election Judges are needed to serve our voters in the city of Farmington during the upcoming 2024 elections. Staff is requesting that Council adopt Resolution 2024-61 approving the hiring of the following persons to serve in positions of Head Judge, Election Judge, Health Care Facility Judge, and Student Judge: Pamela Barrows, Katlyn Brown (Student Judge), Linda Fowler, Emily Harmon (Student Judge), Nathan Haskin, Patricia Ibinger, Douglas Johnson, Christina Lindstrom (Student Judge), David McMillen, Jacki Meliza, Charles O'Connor (Student Judge), Karen St. John, Karla Sundt, and Janet Tharp. The City of Farmington is proud to have such an amazing group of individuals who step up to serve their community in this capacity, and most continue to come back to serve year after year. We also have four Student Judges joining us this year, and everyone is looking forward to them joining our Team. Staff would like to thank all of our judges for choosing to join Team Farmington! BUDGET IMPACT: Costs included in the City's 2024 budget. ACTION REQUESTED: Adopt Resolution 2024-61 Appointing Additional Election Judges for the August 13, 2024 State Primary, and the November 5, 2024 General Election. Page 4 of 114 ATTACHMENTS: 2024-61 Appointing Additional Election Judges for the 2024 Election Cycle Page 5 of 114 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-61 A RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE AUGUST 13, 2024 STATE PRIMARY, AND THE NOVEMBER 5, 2024 GENERAL ELECTION WHEREAS, pursuant to Minnesota Statutes 204B.21, Subdivision 2, the City Council must appoint Election Judges to serve in upcoming elections at least 25 days prior to the election, with the exception of appointing additional Election Judges within the 25 days before the election if it is determined that additional Election Judges will be required; and WHEREAS, additional Election Judges are needed to serve voters in the city of Farmington during the upcoming 2024 elections. NOW, THEREFORE, BE IT RESOLVED, that the Farmington City Council hereby appoints the following person(s) to serve in positions of Head Judge, Election Judge, Health Care Facility Judge, and Student Judge at any and all elections, in the capacity given by the City Clerk and conducted by the City of Farmington, subject to change as needed in order to maintain major political party balance, pursuant to Minnesota Statute 204B.19, subdivision 5: Pamela Barrows Christina Lindstrom Katlyn Brown David McMillen Linda Fowler Jacki Meliza Emily Harmon Charles O’Connor Nathan Haskin Karen St. John Patricia Ibinger Karla Sundt Douglas Johnson Janet Tharp BE IT FURTHER RESOLVED that the City Clerk is authorized to assign Election Judges to specific precincts, in accordance with statutory requirements, and to make substitutions or additions as deemed necessary in order to fill vacancies. Adopted by the City Council of the City of Farmington, Minnesota, this 15th day of July 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 6 of 114 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Amended Final Plat for Vermillion River Crossings Third Addition Meeting: Regular Council - Jul 15 2024 INTRODUCTION: Yellow Tree Development (Farmington Apartments LLC) is requesting the review and approval of an amended final plat for Vermillion River Crossings Third Addition. The plat is necessary to convey property for the construction of a 168-unit apartment building at the northwest intersection of Dushane Parkway and Spruce Street. DISCUSSION: Council approved the preliminary and final plat for Vermillion River Crossings Third Addition on May 20, 2024. Since the time of approval, additional conversations have occurred between the applicant, the current property owner (Hy-Vee Inc.) and the City that resulted in the need to amend the final plat. At the request of Hy-Vee Inc., the amended plat only contains the parcel to be acquired by Yellow Tree Development (Lot 1, Block 1) along with the dedicated right-of-way for Dushane Parkway and Spruce Street. The remaining portion of the parent parcel owned by Hy-Vee Inc. is left off the amended final plat. This does require a waiver of plat (lot split) be administratively approved and the parcel be conveyed from Hy-Vee Inc. to Yellow Tree Development prior to recording the amended final plat. A waiver of plat application has been submitted and approved by Staff. BUDGET IMPACT: Not applicable ACTION REQUESTED: Adopt Resolution 2024-64 Approving the Amended Final Plat for Vermillion River Crossings Third Addition, subject to the following:  All Engineering comments are satisfied.  A Development Contract between the developer and the City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. ATTACHMENTS: 23423-VERMILLION RIVER CROSSINGS THIRD ADDITION-Farmington-AMENDED FINAL PLAT_Dakota-7-8-2024 Page 7 of 114 2024-64 Vermillion River Crossings 3rd Addition Amended Final Plat Page 8 of 114 Dakota County Aluminum Monument E 1/4 Corner of Sec. 36, Twp. 114, Rng. 20 N89°50'14"E 136.19 379.17 Δ=62°04'13" R=350.00 S6 5 ° 2 4 ' 2 4 " E 3 3 4 . 2 8 106.5 8 Δ=24° 2 5 ' 3 5 " R=25 0 . 0 0 S89°49'59"E 389.38 N89°50'14"E 571.87 S6 5 ° 2 4 ' 2 4 " E 2 9 5 . 3 6 270.83 Δ=62°04'13" R=250.00 N52 ° 3 1 ' 2 3 " E 1 5 7 . 5 2 N89°50'14"E 556.43 WEST 320.00 WEST 100.00 SO U T H 3 0 0 . 9 3 S 3 7 ° 4 7 ' 5 2 " E 1 8 6 . 9 2 N52 ° 3 1 ' 2 3 " E 108 . 4 2 S89°50'14"W 3388.86 Dakota County Cast Iron Monument W 1/4 Corner of Sec. 36, Twp. 114, Rng. 20 Wi d t h V a r i e s Ea s t L i n e o f O U T L O T C , VE R M I L L I O N R I V E R C R O S S I N G S SO U T H 4 0 2 . 7 6 50 5 . 0 7 C=49.34 CB=S2°29'45"E R=1839.86 Δ=1°32'12" 49.34 LOT 1 BLOCK 1 20.31 50 4 . 1 6 Me t r o p o l i t a n W a s t e C o n t r o l Co m m i s s i o n S e w e r E a s e m e n t Per D o c . N o . 4 8 5 8 4 Pip e l i n e E a s e m e n t Per D o c . N o . 4 6 8 9 0 8 East-West 1/4 Line of Sec. 36, Twp. 114, Rng. 20 S89°50'14"W 320.00 SO U T H 5 2 3 . 5 4 East-West 1/4 Line of Sec. 36, Twp. 114, Rng. 20 SPRUCE STREET DU S H A N E PA R K W A Y SPRUCE STREET 95. 2 4 N40 ° 3 3 ' 3 5 " E 10 4 . 8 1 5.7 1Δ= 1 ° 1 8 ' 3 1 " 5.54 Δ=1°16'14" 407.15 South Line of OUTLOT C, VERMILLION RIVER CROSSINGS NE Corner of OUTLOT C, VERMILLION RIVER CROSSINGS N1 5 ° 3 2 ' 0 0 " E 10 1 . 2 7 52.64 N11°02' 0 0 " E 12 0 . 7 7 35 . 0 0 100.00 Drainage & Utility Easement Width Varies Width Varies Drainage & Utility Easement V e r m i l l i o n R i v e r SO U T H 19 . 3 8 Point of Beginning SO U T H 5 4 0 . 0 7 Described Line Road, Drainage & Utility Easement Per Doc. No. _________________ VERMILLION RIVER CROSSINGS THIRD ADDITION N OFFICIAL PLAT Denotes a Dakota County Monument. Bearings are based on the south line of OUTLOT C, VERMILLION RIVER CROSSINGS, having an assumed bearing of N 89°50'14" E. Denotes a 1/2 inch by 14 inch Rebar Marked "RLS 44565" Found 1/2 Inch Iron Pipe Monument with Cap No. 42299 (unless otherwise noted) 160408004080 SCALE IN FEET KNOW ALL PERSONS BY THESE PRESENTS: That Farmington Apartments LLC, a Colorado limited liability company, fee owner of the following described property: That part of OUTLOT C, VERMILLION RIVER CROSSINGS, Dakota County, Minnesota, which lies southerly and easterly of the following described line: Commencing at the northeast corner of said OUTLOT C; thence on an assumed bearing of South, along the east line of said OUTLOT C for 402.76 feet to the point of beginning of the line to be described; thence West for 320.00 feet; thence South for 540.07 feet to the south line of said OUTLOT C and said line there terminating. And that the City of Farmington, a municipal corporation under the laws of the state of Minnesota, fee owner of the following described property: OUTLOT J, VERMILLION RIVER CROSSINGS, Dakota County, Minnesota. Have caused the same to be surveyed and platted as VERMILLION RIVER CROSSINGS THIRD ADDITION and does hereby dedicate to the public, for public use, the public ways and the drainage and utility easements as created by this plat. In witness whereof said Farmington Apartments LLC, a Colorado limited liability company, has caused these presents to be signed by its proper officer this day of , 20 . Farmington Apartments LLC By:, its STATE OF , COUNTY OF This instrument was acknowledged before me this day of , 20 , by , the of Farmington Apartments LLC, a Colorado limited liability company, on behalf of the company. Notary Public, Signature Notary Public, Printed Name Notary Public County, My Commission Expires: In witness whereof said the City of Farmington, a Minnesota municipal corporation, has caused these presents to be signed by its proper officers this day of , 20 . City of Farmington By:, Mayor By: , Clerk STATE OF , COUNTY OF This instrument was acknowledged before me this day of , 20 , by , the Mayor of the City of Farmington, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public, Signature Notary Public, Printed Name Notary Public County, My Commission Expires: STATE OF , COUNTY OF This instrument was acknowledged before me this day of , 20 , by , the Clerk of the City of Farmington, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public, Signature Notary Public, Printed Name Notary Public County, My Commission Expires: SURVEYORS CERTIFICATE I Rory L. Synstelien do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on the plat; that all monuments depicted on the plat have been or will be set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 . Rory L. Synstelien, Licensed Land Surveyor Minnesota License No. 44565 STATE OF MINNESOTA, COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 20 , by Rory L. Synstelien, Licensed Land Surveyor, Minnesota License Number 44565. Notary Public, Signature Notary Public, Printed Name Notary Public County, My Commission Expires: PLANNING COMMISSION, CITY OF FARMINGTON, COUNTY OF DAKOTA, MINNESOTA Reviewed by the Planning Commission of the City of Farmington this day of , 20 . Signed: Chair CITY COUNCIL, CITY OF FARMINGTON, COUNTY OF DAKOTA, MINNESOTA We do hereby certify that on the day of , 20 , the City of Farmington, Minnesota, approved this plat. Signed: Mayor Clerk COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 . By Todd B. Tollefson, Dakota County Surveyor DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA Pursuant to Minnesota Statutes, Section 505.021, Subdivision 9, taxes payable in the year on real estate hereinbefore described, have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfers entered on this day of , 20 . By Amy A. Koethe, Director, Department of Property Taxation and Records COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that this plat of VERMILLION RIVER CROSSINGS THIRD ADDITION was filed in the office of the County Recorder for public record on this day of , 20 , at o'clock M. and was duly filed in Book of Plats, Page , as Document Number . By Amy A. Koethe, County Recorder VICINITY MAP SEC. 36 - T114 - R20 DAKOTA COUNTY, MINNESOTAN NOT TO SCALE Pa g e 9 o f 1 1 4 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-64 A RESOLUTION APPROVING VERMILLION RIVER CROSSINGS 3RD ADDITION AMENDED FINAL PLAT WHEREAS, an amended final plat for Vermillion River Crossings 3rd Addition is now before the City Council for review and approval; and WHEREAS, the amended final plat includes only the dedication of right-of-way for Dushane Parkway and Spruce Street along with the parcel to be acquired by Farmington Apartments, LLC; and WHEREAS, the Planning Commission held a public hearing at their May 14, 2024 regular meeting after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners for preliminary and final plat; and WHEREAS, the Planning Commission reviewed and recommended City Council approval of the preliminary and final plat on May 14, 2024; and WHEREAS, the City Council reviewed and approved the preliminary and final plat on May 20, 2024; and WHEREAS, due to the substantial nature of the above-mentioned changes included in the amended final plat, it is appropriate that the City Council review and approve the amended final plat. NOW, THEREFORE, BE IT RESOLVED, that Farmington Mayor and City Council hereby approve the requested amended final plat for Vermillion River Crossings 3rd Addition and authorize the requisite signatures be affixed to the amended final plat with the following stipulations: • All Engineering comments are satisfied. • A Development Contract between the developer and the City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. Adopted by the City Council of the City of Farmington, Minnesota, this 15th day of July 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 10 of 114 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Josh Lawrenz, Building Official Department: Community Development Subject: Second Quarter Construction Report (2024) Meeting: Regular Council - Jul 15 2024 INTRODUCTION: The following report summarizes the new construction permits issued during the second quarter of 2024 and a current projected population estimate. DISCUSSION: Second Quarter Building Permit Information: During the second quarter of the 2024 building construction season (April 1st through June 30th), the City issued:  24 New single-family permits  60 Multifamily townhouse building permits Included in the 60 multifamily townhouse permits were 40 individual CDA Workforce Center Housing unit(s), with a total project valuation of $10,000,000. Ebert Companies is the contractor for this project, a pre-construction meeting has been set with construction starting in July. The average building valuation for single family homes during the second quarter of 2024 was $234,366 showing a slight increase over the same quarter in 2023. (Note that the valuation averages do not represent the average sale price or average market value of the homes in question, since they do not include the value of the lot, or any amenities added to the home that are not part of the building code formula). Projected second quarter population estimate is 24,540 (Certificate of Occupancies x 2.93 factor). Second Quarter Inspection Activity - A total of 30 inspections performed daily Building Inspections 1746 Electrical 238 Plumbing Inspections 63 Mechanical 76 Page 11 of 114 BUDGET IMPACT: None ACTION REQUESTED: For information only. No action is required. ATTACHMENTS: 2nd Quarter Chart Page 12 of 114 Inspections Performed -lst &2nd Quarter at a Glance law 1800 1746 1600 1382 1400 1200 1000 800 600 731 575 400 237 238 200 75 52 53 7a 0 -— _- lst Quarter 2nd Quarter l Building Inspections l Plumbing Inspections l Mechanical Inspections l Electrical Inspections l Permits Issued/Quarterly Pa g e 1 3 o f 1 1 4 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Payment of Claims Meeting: Regular Council - Jul 15 2024 INTRODUCTION: Attached is the list of check and electronic payments for the period of 06/25/2024-07/09/2024 for approval. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve payment of claims. ATTACHMENTS: Council Summary Payment of Claims 07-15-2024 Page 14 of 114 CLAIMS FOR APPROVAL 06/26/2024 ‐ 07/09/2024: CHECK PAYMENTS 619,303.03$           ELECTRONIC PAYMENTS 388,994.32$           TOTAL 1,008,297.35$        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 July 15, 2024 Page 15 of 114 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 - Jul 15 2024 INTRODUCTION: Approve the appointment of Eric Whitmer as the Public Works Superintendent and Gavin Janovsky as a Police Officer. DISCUSSION: Staff is recommending Eric Whitmer be appointed as the City's new Public Works Superintendent. Eric has worked for the City of Prior Lake for 12 years in progressively responsible roles. He holds a Public Works Certificate and a Management and Supervisory Leadership Certificate. Eric will join our team in late July. Staff is also recommending Gavin Janovsky be appointed as a Police Officer. Gavin recently graduated from Alexandria Technical and Community College with a degree in Law Enforcement. BUDGET IMPACT: Wages are included in the 2024 budget. ACTION REQUESTED: Approve the appointment of Eric Whitmer as the Public Works Superintendent and Gavin Janovsky as a Police Officer. Page 16 of 114 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Peter Gilbertson, IT Director Department: IT Subject: City of Farmington - Firewall Upgrade Meeting: Regular Council - Jul 15 2024 INTRODUCTION: City of Farmington IT Staff recommend the purchase new Palo Alto firewalls due to current firewalls being past their end of their life cycle. DISCUSSION: In 2018, Sophos firewalls were purchased and implemented for the City of Farmington by previous IT Staff. This product was not something which LOGIS supported and, while they offered best-effort support, the end result led to current Farmington IT Staff to find a third-party vendor to troubleshoot more complex issues. In addition to the added professional services charges, this led to consistent problems trying to optimize our firewall security due to the advanced configuration LOGIS has on our network infrastructure. Because the Sophos firewalls are past their end of their life cycle, City IT Staff recommend that the City purchase Palo Alto firewalls, of which LOGIS uses and supports. LOGIS Staff will then migrate the firewall rules over from our Sophos firewalls into the new devices. This purchase will include the 5-year life cycle of software support and licensing for the devices from Palo Alto. LOGIS will procure the firewalls during their annual bulk purchasing to net the City a 25% discount from normal pricing. They will then pass through the actual costs to the City of Farmington. This negates the need to seek multiple bids. The labor billed by the LOGIS Network Engineering team for the configuration and installation of the firewalls is not to exceed 80 hours, billed at the 2024 LOGIS rate of $145/hour for a total of $11,600 in labor cost. This labor includes the configuration of all necessary firewall rules, standard intrusion prevention policies, and site-to-site VPN tunnels to substantially duplicate the current Farmington firewall functionality. LOGIS will bill actual hours worked, so the final labor charge for the above may be less. If additional features beyond the above are to be configured, that work will begin after the substantial duplication of functionality is complete and will incur additional labor time if the 80 hours has already been exhausted. Page 17 of 114 BUDGET IMPACT: Utilize $42,656 of IT funds budgeted to firewall replacement, and supplement with up to $10,000 of ARPA funds to cover the remaining implementation costs. Total cost is not expected to exceed $49,000. ACTION REQUESTED: City IT Staff request the Mayor and Councilmembers approve the purchase of new Palo Alto firewalls and associated implementation costs. ATTACHMENTS: 2024 Farmington Firewall Replacement Quote for Council Action 2024 Farmington Firewall Replacement Hardware Quote Page 18 of 114 June 21, 2024 Peter Gilbertson IT Director City of Farmington 430 Third Street Farmington, MN 55024 Firewall Replacement Quote As requested, the quote for the purchase of the replacement Farmington firewall, and LOGIS professional services for configuration and installation is a cost not to exceed $49,000. LOGIS will be coordinating the purchase of the firewall hardware and passing through the actual costs billed to LOGIS. The most recent estimate for the hardware was $37,346. LOGIS is working to bundle multiple purchases to realize a modest additional discount. If we receive such a discount on the hardware purchase, the savings will be passed on to Farmington. The labor billed by the LOGIS Network Engineering team for the configuration and installation of the firewalls is not to exceed 80 hours billed at the 2024 LOGIS rate of $145/hour for a total of $11,600 in labor cost. This labor includes the configuration of all necessary firewall rules, standard intrusion prevention policies, and site-to-site VPN tunnels to substantially duplicate the current Farmington firewall functionality. LOGIS will bill actual hours worked, so the final labor charge for the above may be less. If additional features beyond the above are to be configured that work will begin after the substantial duplication of functionality is complete and will incur additional labor time if the 80 hours has already been exhausted. I would like to thank you and the City of Farmington for your continued support of the LOGIS intergovernmental consortium, and the opportunity to quote this service. If you have any questions, feel free to contact me. Mark Mayfield LOGIS Network Architect Supervisor 5750 Duluth Street, Golden Valley, MN 55422 763-543-2668 Page 19 of 114 Quote Information: Quote #: 141006 Version: 1 Delivery Date: 06/21/2024 Expiration Date: 07/21/2024Farmington PA-460 Proposal Summary PA-400 SERIES DATA SHEET [PA-415 & PA-450]: PA-400 Series - Palo Alto Networks PA-1420 DATA SHEET: PA-1400 Series - Palo Alto Networks MODEL COMPARISON: Compare Next-Generation Firewalls - Palo Alto Networks SUPPORT OPTIONS PREMIUM VS. PLATINUM: Premium Support - Palo Alto Networks Page 20 of 114 Quote Information: Quote #: 141006 Version: 1 Delivery Date: 06/21/2024 Expiration Date: 07/21/2024Farmington PA-460 Prepared for:Prepared by: Local Government Information Systems High Point Networks, LLC Attn: Mark Mayfield 5750 Duluth Street Golden Valley, MN 55422 Jess Fredrickson Direct: 952-715-3491 jess.fredrickson@highpointnetworks.com Palo Alto Minnesota Networking 147091 Contract. Discounts: 28% off Hardware, 25% off Software, 10% off Maintenance PA-460 BUILD Platinum Support Qty Item Description Price Ext. Price MSRP: $47,900 HARDWARE 2 PAN-PA-460 PA-460 system MSRP: $5,025/EACH $3,618.00 $7,236.00 2 PAN-PA-400- RACKTRAY Palo Alto Networks Rackmount Tray - 1 Per MSRP: $210/EACH $151.20 $302.40 SUBSCRIPTIONS & SUPPORT 2 PAN-PA-460- BNDCORESEC- 5YR PA-460, Core Security Subscription Bundle (Advanced Threat Prevention, Advanced URL Filtering, Advanced Wildfire, DNS Security and SD -WAN ), 5 years (60 months) term MSRP: $12,930/EACH $9,697.50 $19,395.00 2 PAN-SVC-PLAT- 460-5YR PA-460, Platinum support, 5 years (60 months), term. MSRP: $5,785/EACH $5,206.50 $10,413.00 Subtotal:$37,346.40 Quote Summary Description Amount PA-460 BUILD Platinum Support $37,346.40 Total:$37,346.40 For questions related to your quotation, please contact us using the information above. Acceptance of the quote online is considered acceptance of an offer and binding. All quotes are subject to shipping costs that may not be listed on the quote. Prices quoted are valid for 30 days from Quotation Date. Limitation of Liability for Consequential Damages. High Point Networks, LLC shall not be liable for any indirect, incidental, consequential, exemplary, or punitive damages of any kind or nature. Orders will be invoiced when shipped. Orders may be partially invoiced as items ship and thus there may be multiple invoices per order. “Projects” will be invoiced in the same method. Professional services may be progress billed over the term of the project. All licensing and subscription orders will be invoiced immediately upon customer approval. Payment for all orders are due in 30 days subject to credit approval. Finance charges will be charged at the rate of 1.5% per month if not paid by the due date. If payment is not received within 45 days of the invoice date, we reserve the right to suspend or terminate your service without further notice. Credit card usage as a form of payment may be accepted on a pre-approval basis and may be subject to a convenience fee. "Optional" items on the above quote are not included in the total pricing at the bottom of the quote. This offer to sell the listed products is subject to product availability and High Point Networks standard terms and conditions and prices are subject to change without notice. Please consult your Account Representative prior to placing an order for timely, updated pricing. High Point Networks reserves the right to adjust pricing based on any error or omission. Note: Once product is ordered and shipped there is NO right of return and may be subject to a restocking fee. Orders can be subject to extreme product delays. Product cannot be returned if ordered in error. Product cannot be returned if next generation product has been released. Page 21 of 114 Quote Information: Quote #: 141006 Version: 1 Delivery Date: 06/21/2024 Expiration Date: 07/21/2024Farmington PA-460 Signature Date Page 22 of 114 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Accepting A Donation of a Park Sign for Daisy Knoll Park Meeting: Regular Council - Jul 15 2024 INTRODUCTION: A new park sign for Daisy Knoll Park was donated by Finch & Daisy Consulting. DISCUSSION: Finch & Daisy Consulting donated a park sign for Daisy Knoll Park. They adopted this park this spring. The value of the park sign is $4,000.85. Staff will communicate the City’s appreciation on behalf of the City Council to Finch & Daisy Consulting for this generous donation. ACTION REQUESTED: Adopt Resolution 2024-60 Accepting a Donation of a Park Sign for Daisy Knoll Park from Finch & Daisy Consulting. ATTACHMENTS: 2024-60 Accepting Donation from Finch & Daisy Consulting Page 23 of 114 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-60 A RESOLUTION ACCEPTING A DONATION OF A PARK SIGN FOR DAISY KNOLL PARK FROM FINCH & DAISY CONSULTING 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: Finch & Daisy Consulting has donated a park sign for Daisy Knoll Park valued at $4,000.85; 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 a new park sign for Daisy Knoll Park valued at $4,000.85 from Finch & Daisy Consulting. Adopted by the City Council of the City of Farmington, Minnesota, this 15th day of July 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 24 of 114 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Additional Services Authorization with JLG Architects for Building Commissioning Meeting: Regular Council - Jul 15 2024 INTRODUCTION: The City Council approved an agreement with JLG Architects for schematic design through construction phase for the Rambling River Center at their May 6, 2024 meeting. It was recently discovered by the architect (JLG Architects) and engineering (Paulson & Clark) team additional services are required that are outside of the current agreement. DISCUSSION: The new Minnesota (MN) Commercial Energy Code, which went into effect January 5, 2024 requires commissioning services. This includes commissioning of new mechanical and electrical building systems. As part of the new code, we are also required to complete air barrier design and installation verification for areas where we are impacting an exterior wall. This will occur where the garage is being converted to the fitness center. The new requirement for commissioning is for buildings with a 10,000 square foot size or greater. The Rambling River Center is approximately 12,670 square feet so is required to comply with the new MN Commercial Energy Code. Joshua Lawrenz, Building Official, reviewed the additional fees identified by JLG Architects and confirmed the building commissioning and air barrier review / inspection are consistent with the new MN Commercial Energy Code that was effective January 5, 2024. His report is attached. Attached is the Additional Services Authorization, which includes the commissioning information and breakdown of additional fees. BUDGET IMPACT: The additional fees for commissioning are $15,350. The cost of these services JLG Architects will be providing to the city will be reimbursed through the Community Project Funding grant. ACTION REQUESTED: Approve the attached Additional Services Authorization with JLG Architects for commissioning services. ATTACHMENTS: Building Official Report Page 25 of 114 Additional Services Authorization with JLG Architects Page 26 of 114 At the request of Kellee Omlid, I reviewed the additional fees that were identified by JLG Architects reference: JLG Prog 23148. MN rules Chapter 1323 adopted by reference ASHRAE Standard 90.1 with MN Amendments into a new MN Commercial Energy Code ANSI/ASHRAE/IED Standard 90.1-2019 which became effective 01/05/2024. The new MN Commercial Energy Code wasn’t available in print until 05/27/2024, at which point the City of Farmington took receipt of two copies. New MN amendments and clarifying language were added, specifically 4.2.5.1.1 pertaining to the information required on the Building Permit Application items (a) to (r) with (q) requiring the construction documents to provide air sealing details clearly delineating the air barrier location and showing continuity between roof, wall, foundation, around frames and sleeves and at other similar openings. In addition, the MN amendments require Commissioning in accordance with 4.2.5.2, the commissioning report shall provide sufficient detail and compliance of the building systems, controls, and building envelope and such provisions and standards shall be incorporated into the construction documents. The Rambling River Project with a 12,000 sf size falls outside of a two prong exception that would negate the commissioning requirement. Exceptions to 4.2.5.2 • Buildings, additions, or alterations with less than 10,000 sf of conditioned space and combined heating, cooling, and service water heating equipment totaling less than 960,000 Btu/h in capacity. Summary The building commissioning, design of a continuous air barrier system and inspections by a commissioning provider (third-party not associated with the building project) are consistent with the requirements of the (New) MN Commercial Energy code – Effective 01/05/2024. Building Official - 07/10/2024 Page 27 of 114 ADDITIONAL SERVICES AUTHORIZATION DATE: June 21, 2024 (revised June 28, 2024 and July 3, 2024 TO: Kellee Omlid, Parks & Recreation Director, City of Farmington FROM: Pam Anderson, Senior Principal RE: Rambling River Center Renovation JLG Proj. No. 23148 SUBJECT: Additional Fees and Services Authorization – Commissioning Kellee: As we have noted in recent meetings and communications, our AE Team has identified additional services that are outside of our current contract. This includes the following required basic services and additional scopes of work: Commissioning Our initial scope of work for renovation of the building had not anticipated mechanical system replacements and when this was added to the project based on the KA assessment, we should have included commissioning services in the original fee proposal. Our square footage was also right at the 10,000 sf size that the recently updated building codes now require commissioning services. As part of this code, we also need to complete air barrier design and installation verification for areas where we are impacting an exterior wall (which will occur at the area where the garage is converted to the fitness center). I have attached the fee proposals from Paulson & Clark and Inspec for reference. Additional Fees Building Commissioning - Paulson & Clark $9,700 Air Barrier Review/Inspection – Inspec $4,250 Coordination of Services – JLG $1,400 The foregoing services (total additional fee of $15,350) will be provided in accordance with our contract. Please provide acknowledgement by written response for these additional contract costs. If you have any questions, or require additional information, please contact this office. JLG Architects City of Farmington Signature: Signature: Printed Name/Title: Printed Name/Title: Date: Date: Senior Principal 07/03/2024 Page 28 of 114 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreement with Alliant Engineering, Inc. for Staff Augmentation Meeting: Regular Council - Jul 15 2024 INTRODUCTION: Due to Staff transitions, in November of 2023, the City Council approved a consultant contract for staff augmentation for 2023 and 2024 with a total budget of $105,400. Of this total budget, $55,417 remains Staff support. staffing outside for need to have is continue we and unspent, a recommending a contract for professional services with Alliant Engineering to provide staff augmentation on a short-term basis. DISCUSSION: Alliant submitted the attached proposal to provide staff Augmentation to assist City Staff in completing project related tasks, permit administration, construction observation, programs and to support the overall workload within Public Works, including Engineering. The proposed staff person from Alliant is able to provide support in these areas. The staff augmentation individual will complete tasks as assigned and will average 30 hours per week over the next 15 weeks. The 15- week time frame will provide much needed assistance during the ongoing construction season. The individual will not office at City Hall. On February 21, 2023, the City Council approved the Consultant Pool for 2023-2027. Alliant is one of the firms in the Consultant Pool and has prepared the attached scope and budget based on discussions with City Staff regarding our staff support needs. BUDGET IMPACT: Work under this contract will be billed hourly. The total expected cost for this staff augmentation is $51,060, which is less than the $55,417 budget remaining from the previous approval. The consultant costs will be offset by the budget savings due to open Engineering Staff positions we have experienced in 2024. ACTION REQUESTED: Approve a Professional Services Agreement with Alliant Engineering, Inc. for Staff Augmentation. ATTACHMENTS: 071524 PSA Alliant Staff Augmentation Page 29 of 114 Page 30 of 114 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 15th day of July, 2024, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and Alliant Engineering, Inc., a Minnesota Corporation, whose business address is 733 Marquette Avenue, Suite 700, Minneapolis, MN 55402 (hereinafter "Engineer"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit “A” attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated John Powell, Public Works Director/City Engineer (the “City Representative”), and the Engineer has designated Eric Nelson, Client Services Manager (the “Engineer Representative”). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $51,060 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the Page 31 of 114 224345v1 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by November 15, 2024. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any Page 32 of 114 224345v1 negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. c. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. Page 33 of 114 224345v1 d. Engineer shall maintain “stop gap” coverage if Engineer obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Farmington” as an additional insured. f. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. l. The Engineer’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. m. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer’s Work. Upon request a copy of the Engineer’s insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Engineer of any deficiencies in such documents and Page 34 of 114 224345v1 receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section o, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed Page 35 of 114 224345v1 services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, partners’, employees’, volunteers’, assignees’, or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Page 36 of 114 224345v1 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR. Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Page 37 of 114 224345v1 27.COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: July 15, 2024 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Shirley R Buecksler City Clerk Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________ [title] Page 38 of 114 224345v1 EXHIBIT “A” SCOPE OF SERVICES AND EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 39 of 114 Proposal for Staff Augmentation // 1 RE: Proposal for Staff Augmentation Dear Mr. Powell: Alliant Engineering understands the City of Farmington has a need for staff augmentation to oversee utility work within public right-of-way and provide general support to city public works staff. This letter documents our assumptions, proposed staffing, and estimated costs to provide these services to the city. SCOPE OF SERVICES Alliant will make a graduate engineer (EIT) available for up to 30 hours per week to provide support services to the city. Work tasks will be coordinated through you or other city staff throughout the duration. Based on our discussion, there will not be a need for Alliant staff to permanently reside at City Hall. SCHEDULE Per our discussion, we will plan on a kickoff meeting at City Hall during the week of July 15, 2024. For the purposes of this estimate, support services are assumed to be needed from July 22 to November 1, 2024 (15 weeks). We intend to be flexible and tailor our services to meet the needs of the city throughout the process. KEY STAFF The Alliant design team will consist of the following individuals: ● Eric Nelson, PE — Project Manager ● Peter Dehnert, EIT — City Staff Support Peter is a 2024 graduate of the University of Minnesota with a degree in civil engineering. He was an intern with Alliant in the summer of 2023 and started full-time employment in June 2024. He holds a Minnesota Engineer-in- Training Certificate. FEE ESTIMATE · Kickoff Meeting at City Hall with city staff: o Nelson – 3 hours @ $240/hour = $720 o Dehnert – 3 hours @$110/hour = $330 SUBTOTAL: $1,050 · City Support Services: o Dehnert – 30 hours/week x 15 weeks x $110/hour = $49,050 o Nelson – review of invoices, routine administration: Assume 1 hour/month x 4 months x $240/hour = $960 SUBTOTAL: $50,010 TOTAL PROPOSED NOT-TO-EXCEED FEE: $51,060 July 3, 2024 John Powell, PE Public Works Director/City Engineer City of Farmington 430 Third Street Farmington, MN 55024 Alliant Engineering, Inc. 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com Page 40 of 114 Proposal for Staff Augmentation // 2 We again thank you for the opportunity to work with the city on this project and are ready and eager to get started. If you have any questions about this scope and fee or want to discuss in further detail, please contact me at the email address or phone number listed on the following page. Sincerely, Alliant Engineering, Inc. Eric Nelson, PE Project Manager EMAIL enelson@alliant-inc.com DIRECT 612.767.9380 Building better communities with excellence and passion Page 41 of 114 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreement with Alliant Engineering, Inc. for the 2025 Street Improvements Preliminary Design Meeting: Regular Council - Jul 15 2024 INTRODUCTION: At the June 3, 2024 City Council meeting, a public hearing was conducted, after which the City Council approved the Five-Year Street Reconstruction Plan and the issuance of General Obligation Street Reconstruction Bonds for same. The approved 2025 Street Improvement project area includes the following roadways:  Sunnyside Drive - Ash Street (CSAH 74) to Centennial Drive  Fairview Lane - Sunnyside Drive to Park Drive  Centennial Drive - Fairview Lane to Sunnyside Drive  Centennial Court - Centennial Drive to north end  Sunnyside Circle - Sunnyside Drive to west end We are initiating the preliminary design at this time in order to have the bid documents completed and issued early in the 2025 project bidding season. DISCUSSION: Early in 2023, the City Council approved the Consultant Pool for 2023-2027. Alliant Engineering is one of the firms in the Consultant Pool and has prepared the attached scope and budget based on discussions with City Staff. Major tasks included in the scope are the following:  Project Management  Data Collection and Base Mapping  Public Engagement  Feasibility Report  Geotechnical Evaluation  30% Design plans and Cost Estimate Among other items, the detailed proposed scope includes:  Bi-weekly check in meetings with the City.  Full topographic surveys of the project area.  Preparation of a base map that includes private utilities.  Two open houses for the public.  Project communication including open house invites.  Soil borings  Draft and final geotechnical reports. Page 42 of 114  Preparation of draft and final feasibility reports.  30% design plans. Staff anticipates that the first open house will be scheduled for August with completion of the feasibility report and 30% design plans by mid-October. BUDGET IMPACT: Work under this contract will be billed hourly for a cost not to exceed $93,155. As identified in the approved 2024-2028 Capital Improvement Plan, the funding sources for this project area are as follows: Funding Source Amount G.O. Bonds $ 1,500,000 Sewer Fund $ 450,000 Stormwater Fund $ 450,000 Water Fund $ 600,000 Total $ 3,000,000 The funding allocation includes construction costs, as well as other costs such as engineering, surveying, soil borings, materials testing, sewer televising, permits, etc. The G.O. Bond amount noted above is the same as the amount presented at the Five-Year Street Reconstruction Plan public hearing. ACTION REQUESTED: Approve a Professional Services Agreement with Alliant Engineering, Inc. for the 2025 Street Improvements Preliminary Design ATTACHMENTS: 071524 Alliant PSA 2025 Street Improvements Preliminary Design Page 43 of 114 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 15th day of July, 2024, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and Alliant Engineering, Inc., a Minnesota Corporation, whose business address is 733 Marquette Avenue, Suite 700, Minneapolis, MN 55402 (hereinafter "Engineer"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit “A” attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated John Powell, Public Works Director/City Engineer (the “City Representative”), and the Engineer has designated Eric Nelson, Client Services Manager (the “Engineer Representative”). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $93,155 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the Page 44 of 114 224345v1 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by November 1, 2024. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any Page 45 of 114 224345v1 negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. c. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. Page 46 of 114 224345v1 d. Engineer shall maintain “stop gap” coverage if Engineer obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Farmington” as an additional insured. f. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. l. The Engineer’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. m. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer’s Work. Upon request a copy of the Engineer’s insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Engineer of any deficiencies in such documents and Page 47 of 114 224345v1 receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section o, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed Page 48 of 114 224345v1 services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, partners’, employees’, volunteers’, assignees’, or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Page 49 of 114 224345v1 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR. Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Page 50 of 114 224345v1 27.COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: July 15, 2024 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Shirley R Buecksler City Clerk Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________ [title] Page 51 of 114 224345v1 EXHIBIT “A” SCOPE OF SERVICES AND EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 52 of 114 Proposal for 2025 Street Improvements // 1 RE: Proposal for 2025 Street Improvements Dear Mr. Powell: Alliant Engineering appreciates the opportunity to provide the City of Farmington with a feasibility study and preliminary design services for your 2025 Street Improvements Project. Based on the information you have provided and our previous discussions, we have prepared the following scope of services. The sections below describe each major task along with key assumptions, information or participation needed from the city, and major deliverables. A detailed spreadsheet documenting the hours and fee associated with each task is also included with this letter. PROJECT UNDERSTANDING The City of Farmington intends to reconstruct residential city streets shown on Exhibit A. The feasibility and design process will occur in 2024, with construction planned for 2025. The purpose of the first phase of this project included in this scope is to develop a Feasibility Report and preliminary design plans to solidify the project scope and estimate costs. Public engagement will be conducted to identify design issues and discuss potential solutions. Final design will occur under a future phase later in 2024. SCOPE OF SERVICES TASK 1 – PROJECT MANAGEMENT Eric Nelson will be the Project Manager for the Alliant Team and will serve as the single point of contact for the city. Eric will prepare monthly progress reports and invoices for review and approval by the city. Throughout the design process, Eric will conduct bi-weekly meetings with the city project manager to provide status updates and review design decisions needed. CITY OF FARMINGTON RESPONSIBILITIES: ● Participate in bi-weekly check in meetings. CONSULTANT DELIVERABLES: ● Monthly progress reports and invoices Design Fee: $4,320.00 TASK 2 – DATA COLLECTION AND BASEMAPPING Alliant survey crews will perform a full topographic survey of the project area, including collection and mapping of private utilities through the GSOC process. We plan to use GIS linework as the basis of right-of-way mapping and will locate and survey property pins where feasible to confirm this linework. The collected data will be compiled into an AutoCAD base map that will serve as the foundation of our design work. CITY OF FARMINGTON RESPONSIBILITIES: ● Provide any public notification or private property access permission needed to perform survey work. ● Provide any available record drawings for the project area. July 3, 2024 John Powell, PE Public Works Director/City Engineer City of Farmington 430 Third Street Farmington, MN 55024 Alliant Engineering, Inc. 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com Page 53 of 114 Proposal for 2025 Street Improvements // 2 CONSULTANT DELIVERABLES: ● AutoCAD base map (if requested) Design Fee: $23,450.00 TASK 3 – PUBLIC ENGAGEMENT As discussed with the city, our approach to public engagement will include two in-person open house meetings for the project. The first will occur at the beginning of the process and is intended to share high-level goals for the project and to collect feedback on issues within the project area that could be addressed or improved. The second open house meeting will present the potential design alternatives, demonstrate how issues are being addressed, and provide information on construction schedule and impacts. Using a distribution list provided by the city, Alliant will prepare and distribute a mailer for each open house meeting providing logistical information about the meeting and a preview of its messaging. We will also prepare layouts, display boards, or other printed materials needed to convey the project intent and to facilitate discussion. Attendance and feedback at each meeting will be compiled in a summary document that can be included with the feasibility report to demonstrate the engagement process. We have also included time to attend up to two in-person meetings with individual property owners if needed, assuming city staff would be in attendance as well. CITY OF FARMINGTON RESPONSIBILITIES: ● Provide mailing list for meeting invite distribution. ● Review and comment on draft mailer and open house materials. ● Secure meeting venue and pay any associated fees. ● Attend open house meetings with Alliant staff. ● Attend individual property owner meetings (if needed) CONSULTANT DELIVERABLES: ● Draft and final mailers for open house meetings ● Draft and final printed open house materials ● Meeting Summary Documents Design Fee: $19,460.00 TASK 4 – FEASIBILITY REPORT We will prepare a Feasibility Report that summarizes the feasibility, major design challenges and constraints, estimated cost, and planned schedule for the project. The report will have similar content and format to previous City projects and will contain all information needed for Council approval. CITY OF FARMINGTON RESPONSIBILITIES: ● Review and comment on draft report. CONSULTANT DELIVERABLES: ● Draft and final Feasibility Report Design Fee: $8,820.00 Page 54 of 114 Proposal for 2025 Street Improvements // 3 TASK 5 – GEOTECHNICAL EVALUATION Our team includes Braun Intertec to provide a geotechnical evaluation of the project area and design recommendations for the reconstructed streets. Their proposal is attached to this document as Exhibit B. CITY OF FARMINGTON RESPONSIBILITIES: ● Review and comment on draft report. CONSULTANT DELIVERABLES: ● Draft and final Geotechnical Evaluation Report Design Fee: $960.00 (Alliant only) TASK 6 – 30% DESIGN PLANS AND COST ESTIMATE We will prepare 30% complete design plans that include the following sections at a minimum. Any additional sections requested by the city can be incorporated as needed as the design process progresses. · Title sheet · Typical sections · Existing topography and utility plans · Removal plans · Construction plans · Preliminary cross sections (if needed to confirm construction limits/ROW impacts) A cost estimate based on the 30% design will be prepared with appropriate level of contingency to confirm the scope is consistent with dedicating city funding. This cost estimate will be included with the Feasibility Report. CITY OF FARMINGTON RESPONSIBILITIES: ● Review and comment on draft plan submittal. CONSULTANT DELIVERABLES: ● 30% complete plans and cost estimate Design Fee: $27,040.00 Subtotal of Design Fees $84,050 Subconsultant Expenses (Braun Intertec) $7,855 Reimbursable Expenses $1,250 Total Project Fee $93,155 Page 55 of 114 Proposal for 2025 Street Improvements // 4 SCHEDULE The following is an estimate of our schedule based on the available information. We will be flexible and can adjust this schedule to meet the City’s needs. ● Notice to Proceed — Week of July 15, 2024 ● Open House No. 1 – Week of August 12, 2024 (allows 4 weeks from NTP for creation of mailer and distribution with sufficient notice) ● Submit draft Feasibility Report and draft 30% plans to City – September 13, 2024 ● Open House No. 2 – Week of September 23, 2024 ● Submit final Feasibility Report and 30% plans to City – October 11, 2024 KEY STAFF The Alliant design team will consist of the following individuals: ● Eric Nelson, PE — Project Manager ● Katie Becker, PE — Design Lead We again thank you for the opportunity to work with the city on this project and are ready and eager to get started. If you have any questions about this scope and fee or want to discuss in further detail, please contact me at the email address or phone number listed on the following page. Sincerely, Alliant Engineering, Inc. Eric Nelson, PE Project Manager EMAIL enelson@alliant-inc.com DIRECT 612.767.9380 Building better communities with excellence and passion Page 56 of 114 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Map Scale 1 inch = 200 feet 4/26/2024 FARMINGTON - 2025 STREET IMPROVEMENT (DRAFT 4/26/24) Exhibit A - Project Map Page 57 of 114 AA/EOE Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com July 1, 2024 Proposal QTB199295 Eric Nelson, PE Alliant Engineering, Inc. 733 Marquette Avenue, Suite 700 Minneapolis, MN 55402 Re: Proposal for a Geotechnical Evaluation 2025 Street Improvements Sunnyside Drive, Fairview Lane, Centennial Drive, Centennial Court, Sunnyside Circle Farmington, Minnesota Dear Mr. Nelson: Braun Intertec Corporation respectfully submits this proposal to complete a geotechnical evaluation for the City of Farmington’s (City) 2025 Street Improvements Project. Project Information Per your e-mail request for proposal and supplied project area map received June 25, 2024, we understand the proposed project will include the reconstruction of several streets within the City. The project consists of the following streets: ▪ Sunnyside Drive - Ash Street (CSAH 74) to Centennial Drive. ▪ Fairview Lane - Sunnyside Drive to Park Drive. ▪ Centennial Drive - Fairview Lane to Sunnyside Drive. ▪ Centennial Court - Centennial Drive to north end. ▪ Sunnyside Circle - Sunnyside Drive to west end. We anticipate the project will be limited to pavement reconstruction and will not include utility replacements. Purpose The purpose of our geotechnical evaluation will be to characterize subsurface geologic conditions at selected exploration locations, evaluate their impact on the project, and provide geotechnical recommendations for the design and reconstruction of the project area pavements. Scope of Services We propose the following tasks to help achieve the stated purpose. If we encounter unfavorable or unforeseen conditions during the completion of our tasks that lead us to recommend an expanded scope of services, we will contact you to discuss the conditions before resuming our services. Exhibit B - Braun Intertec Proposal Page 58 of 114 Alliant Engineering, Inc. Proposal QTB199295 July 1, 2024 Page 2 Site Access Based on aerial photographs, it appears that the site is accessible to a truck-mounted drill rig. We assume there will be no cause for delays in accessing the exploration locations. We are not including tree clearing, debris or obstruction removal, grading of navigable paths, or snow plowing. Depending on access requirements, ground conditions or potential utility conflicts, our field crew may alter the exploration locations from those proposed to facilitate accessibility. Our drilling activities may also impact the vegetation and may rut the surface to access boring locations. Restoration of vegetation and turf is not part of our scope of services. Staking We will stake prospective subsurface exploration locations, as selected in consultation with the project team, and obtain surface elevations at those locations using GPS (Global Positioning System) technology. For purposes of linking the GPS data to an appropriate reference, we request that you provide CAD files indicating location/elevation references appropriate for this project. Utility Clearance Prior to drilling or excavating, we will contact Gopher State One Call and arrange for notification of the appropriate utility vendors to mark and clear the exploration locations of public underground utilities. You, or your authorized representative, are responsible to notify us before we begin our work of the presence and location of any underground objects or private utilities that are not the responsibility of public agencies. Permits We will obtain a right-of-way permit with City prior to beginning our fieldwork. We assume the City will waive permit fees as we will be completing the work for them. Traffic Control Based on the residential nature of the project area, we propose to limit our traffic control to warning signs that will alert motorists to our work within the roadway. If a higher level of traffic control is required to safely facilitate the fieldwork, we will contact you prior to preparing a change order for a subcontractor to provide traffic control services. Penetration Test Borings We propose to drill 10 standard penetration test (SPT) borings for the project to depths of 6 feet below existing grade. We will perform standard penetration tests continuously to a depth of about 6 feet, and at 2 1/2-foot intervals at greater depths if required. If the intended boring depths do not extend through unsuitable material, we will extend the borings at least 5 feet into suitable material at greater depths. The additional information will help evaluate such issues as excavation depth, consolidation settlement, and subgrade preparation alternatives, among others. If we identify a need for deeper (or additional) borings, we will contact you prior to increasing our total estimated drilled footage and submit a Change Order summarizing the anticipated additional effort and the associated cost, for your review and authorization. Page 59 of 114 Alliant Engineering, Inc. Proposal QTB199295 July 1, 2024 Page 3 Groundwater Measurements If the borings encounter groundwater during or immediately after drilling of each boring, we will record the observed depth on the boring logs. MDH Notification and Sealing Record Since our planned exploration will be less than 15 feet in depth, the Minnesota Statutes will not require that we complete any notifications or sealing records. If we extend any of the borings to a depth of 15 feet or greater, the Statutes requires that we seal the boreholes and complete a Sealing Record. If 25 feet or greater, the Statutes also require us to complete a Sealing Notification Form. If the Record or Form are required, we will contact you to discuss the additional fees and sealing requirements. Borehole Abandonment We will backfill our exploration locations immediately after completing the drilling at each location. Minnesota Statutes require sealing temporary borings that are 15 feet deep or deeper. We currently do not anticipate having to seal any of the boreholes. Upon backfilling or sealing exploration locations, we will fill holes in pavements with a temporary patch. Over time, subsidence of borehole backfill may occur, requiring releveling of surface grades or replacing bituminous or concrete patches. We are not assuming responsibility for re-leveling or re-patching after we complete our fieldwork. Sample Review and Laboratory Testing We will return recovered samples to our laboratory, where a geotechnical engineer will visually classify and log them. To help classify the materials encountered and estimate the engineering properties necessary to our analyses, we have budgeted to perform the following laboratory tests. Table 1. Laboratory Tests Test Name ASTM Test Method Purpose Moisture content D2216 Soil classification, moisture condition, and engineering properties Percent passing #200 sieve D1140 Soil classification, and evaluate frost susceptibility We will determine the actual laboratory testing for the project depending on the encountered subsurface conditions. If we identify a laboratory testing program that exceeds the budget included in this proposal but provides additional value to the project, we will request authorization for the additional fees through a Change Order. Engineering Analyses We will use data obtained from the subsurface exploration and laboratory tests to evaluate the subsurface profile and groundwater conditions, and to perform engineering analyses related to pavement design and performance. Page 60 of 114 Alliant Engineering, Inc. Proposal QTB199295 July 1, 2024 Page 4 Report We will prepare a report including: ▪ A sketch showing the exploration locations. ▪ Logs of the borings describing the materials encountered and presenting the results of our groundwater measurements and laboratory tests. ▪ A summary of the subsurface profile and groundwater conditions. ▪ Discussion identifying the subsurface conditions that will impact design and construction. ▪ Discussion regarding the reuse of on-site materials during construction. ▪ Recommendations for preparing structure and pavement subgrades, and the selection, placement and compaction of fill. ▪ Recommendations for pavement section design, including an assumed R-value. We will only submit an electronic copy of our report to you. At your request, we can also send the report to additional project team members. Schedule We anticipate performing our work according to the following schedule. ▪ Drill rig mobilization – Within about 8 weeks following receipt of written authorization. ▪ Field exploration – 1 day on site to complete the work. ▪ Classification and laboratory testing – Within 1 to 2 weeks after completion of field exploration. ▪ Preliminary results – Within 1 week after completion of field exploration. ▪ Final report submittal – Within 3 weeks of completion of field exploration and laboratory testing. If we cannot complete our proposed scope of services according to this schedule due to circumstances beyond our control, we may need to revise this proposal prior to completing the remaining tasks. Fees We will furnish the services described in this proposal on a time and materials basis for an estimated fee of $7,855. Table 2 provides a breakdown of the proposed fees. Page 61 of 114 Alliant Engineering, Inc. Proposal QTB199295 July 1, 2024 Page 5 Table 2. Proposed Fee Breakdown Service Fee Staking and Utility Clearance $ 900 Drilling 3,450 Laboratory Testing 675 Coordination, Engineering Analysis, and Report 2,335 Total $7,360 Our work may extend over several invoicing periods. As such, we will submit partial progress invoices for work we perform during each invoicing period. Additional Services Our fees do not include potential costs due to the need for snow plowing, towing, stand-by time or work that is not included in the above Scope of Services. We will charge costs for snow plowing or towing (if necessary) at a rate of 1.15 times the actual cost. For stand-by time (defined as time spent by our field crew due to circumstances that are beyond the control of our field crew or its equipment, or beyond the scope of services indicated above), we will charge a rate of $400 per hour. General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. We based the proposed fee on the scope of services described and the assumptions that you will authorize our services within 30 days and that others will not delay us beyond our proposed schedule. Page 62 of 114 Alliant Engineering, Inc. Proposal QTB199295 July 1, 2024 Page 6 This proposal was prepared under the understanding a Subconsultant Agreement will be prepared by Alliant Engineering, Inc. This agreement will outline the terms and conditions of our services. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Kevin Zalec at 952.995.2223 (kzalec@braunintertec.com) or Josh Kirk at 952.995.2222 (jkirk@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION Kevin S. Zalec, PE Senior Engineer Joshua L. Kirk, PE Director, Senior Engineer Page 63 of 114 Alliant Engineering City of Farmington - 2025 Street Improvements Project Hours and Fee Estimate Principal Professional Engineer Professional Land Surveyor Graduate Engineer Graphics/ Admin Survey Office Technician Survey Field Crew Nelson Becker Ekrem 1.0 Project Management 18 0 0 0 0 0 0 18 $4,320.00 1.1 Routine project management 8 8 $1,920.00 1.2 Monthly invoices and progress reports 4 4 $960.00 1.3 Bi-weekly update meetings (1)6 6 $1,440.00 2.0 Data Collection and Basemapping 0 4 6 4 0 60 80 154 $23,450.00 2.1 Compilation and review of existing background information 4 4 8 $1,000.00 2.2 Topographic survey and basemapping 6 60 80 146 $22,450.00 3.0 Public Engagement 28 44 0 0 68 0 0 140 $19,460.00 3.1 Open House Meetings (2)16 8 8 32 $5,720.00 3.2 Preparation and distribution of mailers 2 8 12 22 $2,760.00 3.3 Preparation of meeting exhibits 2 16 40 58 $6,640.00 3.4 Open House Summary Documents 4 12 8 24 $3,380.00 3.5 Individual property owner meetings (3)4 4 $960.00 4.0 Feasibility Report 4 48 0 12 0 0 0 64 $8,820.00 4.1 Draft and Final Feasibility Report 4 48 12 64 $8,820.00 5.0 Geotechnical Evaluation 4 0 0 0 0 0 0 4 $960.00 5.1 Coordination and administration 4 4 $960.00 5.2 Geotechnical evaluation and report 6.0 30% Design Plans and Cost Estimate 6 84 0 124 0 0 0 214 $27,040.00 6.1 Develop 30% complete plans 4 80 120 204 $25,560.00 6.2 30% level construction cost estimate 2 4 4 10 $1,480.00 PROJECT TOTAL HOURS 60 180 6 140 68 60 80 594 Hourly Billing Rates 240.00$ 135.00$ 125.00$ 115.00$ 100.00$ 95.00$ 200.00$ DIRECT LABOR $14,400 $24,300 $750 $16,100 $6,800 $5,700 $16,000 $84,050 SUBTOTAL LABOR COST 84,050.00 Direct Expenses: Subconsultant - Braun Intertec (Geotechnical)$7,855.00 Printing fees and postage $1,250.00 SUBTOTAL DIRECT EXPENSES $9,105.00 PROJECT COST NOT TO EXCEED Notes: (1) Assumes a Microsoft Teams meeting. Assumes one meeting in July, two meetings per month August through September, and one meeting in October 2024. (2) Assumes two in-person meetings. Assumes venue will be secured and paid for (if needed) by City. (3) Assumes two in-person meetings. $93,155.00 Task Description Hours TASK TOTAL COST Alliant Engineering TEAM TOTAL Listed as reimburseable expense for Braun Intertec Exhibit C - Detailed Alliant Fee Estimate Pa g e 6 4 o f 1 1 4 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Public Park, Trails and Open Space Dedication Ordinance Meeting: Regular Council - Jul 15 2024 INTRODUCTION: The City of Farmington (city) has an ordinance that pertains to dedicating land for parks, trails, and open space. The parks and recreation commission reviewed and submitted a draft ordinance to the planning commission for a public hearing that repealed the existing park dedication ordinance and created a new Public Park, Trails and Open Space Dedication Ordinance. DISCUSSION: The city hired Hoisington Koegler Group Inc. (HKGi) to complete a park dedication study to review the city’s existing park dedication requirements, identify any needed changes to the existing ordinance, and ensure compliance with state statute. The study started in March 2023 and kicked off with a joint work session with the city council, planning commission, and parks and recreation commission as an introduction to park dedication and an overview of the city’s current ordinance. Since then, city staff have been collaborating with HKGi on possible revisions to the current ordinance. HKGi presented the park dedication study findings and recommendations at a joint planning commission and parks and recreation commission work session on June 10, 2024. Following this, the parks and recreation commission reviewed the attached draft ordinance at their June 12, 2024 meeting. They recommended approval of the draft Public Park, Trails and Open Space Dedication Ordinance and planning commission to hold a public hearing and forward to city council for consideration with a vote of 3-0. The planning commission reviewed the attached draft Ordinance 2024-08 and held a public hearing at its July 9, 2024 meeting. They recommended city council approve Ordinance 2024-08, amending Title 11, Chapter 4, of the Farmington City Code regarding Public Park, Trails and Open Space dedication with a vote of 5-0. Rita Trapp from HKGi will be attending the meeting to present the park dedication study findings and recommended ordinance amendments. Included in the packet is a report from HKGi. The city attorney reviewed the attached draft Ordinance 2024-08 and found it to be acceptable. ACTION REQUESTED: Page 65 of 114 Approve and pass Ordinance 2024-08, amending Title 11, Chapter 4, of the Farmington City Code regarding Public Park, Trails and Open Space Dedication. ATTACHMENTS: City Council Report from HKGi 2024-08 Amending Title 11 Ch 4 Public Park Trails and Open Space Dedication Page 66 of 114 800 Washington Avenue North, Suite 103 Minneapolis, MN 55401 City Council Report To: Farmington City Council From: Rita Trapp and Beth Richmond, Consulting Planners Date: July 9, 2024 Subject: Park Dedication Study and Adoption of Revised Public Park, Trails and Open Space Dedication Ordinance Meeting Date: July 15, 2024 Park Dedication Overview Page 67 of 114 City Council Report Park Dedication Study July 15, 2024 2 Puce v. Burnsville Case Park Dedication Findings Essential Nexus • • Page 68 of 114 City Council Report Park Dedication Study July 15, 2024 3 Planned Park, Trail, and Open Space System System Costs Page 69 of 114 City Council Report Park Dedication Study July 15, 2024 4 Park Dedication Requirements • • • Page 70 of 114 City Council Report Park Dedication Study July 15, 2024 5 Page 71 of 114 City Council Report Park Dedication Study July 15, 2024 6 Page 72 of 114 City Council Report Park Dedication Study July 15, 2024 7 Page 73 of 114 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE 2024-08 AN ORDINANCE AMENDING TITLE 11, CHAPTER 4, OF THE FARMINGTON CITY CODE REGARDING PUBLIC PARK, TRAILS, AND OPEN SPACE DEDICATION The City Council of the City of Farmington ordains: SECTION 1. Title 11, Chapter 4 Section 9 of the Farmington City Code is hereby repealed and replaced as follows: 11-4-9: PUBLIC PARK, TRAILS, AND OPEN SPACE DEDICATION: (A) Land Dedication Required for Parks, Trails, and Open Space: 1. In every subdivision of land, a reasonable portion of such land shall be dedicated to the public or preserved for conservation purposes or for public use as parks, playgrounds, trails, wetlands, or open space. 2. It is hereby found and declared that, pursuant to Minnesota Statutes Annotated section 462.358, subdivision 2b, it is reasonable to require dedication of an amount of land equal in value to that set forth in subsection (C) of this section. 3. This dedication shall be in addition to the land dedicated for streets, alleys, storm water ponds, or other public purposes. 4. Previously subdivided property from which a park dedication has been received, being re-subdivided with the same number of lots, is exempt from park dedication requirements. If, as a result of re-subdividing the property, the number of lots is increased, then the park dedication or per-lot cash fee must apply only to the net increase of lots. 5. For purposes of this section, the term "developer" includes all owners, developers or subdividers who have an interest in or control over the land to be subdivided. (B) Land to be Dedicated 1. Land dedicated under this section shall reasonably conform to the City's comprehensive plan. 2. Land Suitability i. Land to be dedicated shall be suitable for public use as parks, trails, and open space or for one of those purposes as shall be determined in the sole discretion of the City. Page 74 of 114 Ordinance 2024-08 Page 2 of 6 ii. The City shall not be required to accept land which will not be usable for parks, trails or open space or which would require extensive expenditures on the part of the City to make them usable. iii. The City will not give park dedication credit for floodplains, wetlands, stormwater ponding areas, land encumbered by gas pipeline or other utility easements, slopes of more than twenty percent (20%) grade or for required sidewalks or walkways within road rights of way. iv. All land dedicated for parks shall have at least one hundred fifty feet (150') of street frontage on at least one side. All trails shall have at least a twenty foot (20') wide access where the trail connects to a street, sidewalk, or trail. v. All land dedicated for parks, trails, and/or open space shall be designed to incorporate natural features as much as possible, such as rivers, streams, wildlife habitats, woodlands, and ponding areas. 3. If the amount of land required to be dedicated is more than the amount of land being subdivided, the City will accept a combination of land dedication and cash payment. 4. If the City accepts park dedication in an amount less than the amount required by subsection (C) of this section, the developer shall pay to the City the appraised fair market value of the remaining land required to be dedicated. The appraised value of the remaining land required to be dedicated shall be determined by the method specified in subsection (D)4 of this section. 5. Prior to the dedication of the required property, the developer shall: i. Provide a survey with topographic data, including contours at vertical intervals of at least two feet, watercourses, wetlands, marshes, rock outcrops, easements, utilities and vegetative data. Portions of any property dedicated to the public for park and recreation purposes to be used for borrow and fill activities elsewhere in the development shall be clearly identified. ii. Provide the City with evidence of title in a form acceptable to the City Attorney or a title insurance policy insuring the City's interest in the property. In any dedication of required land, the developer must have good and marketable title to the land, free and clear of any mortgages, liens, encumbrances or assessments, except easements or minor imperfections of title acceptable to the City. (C) Dedication Formula for Park Land, Trails, and Open Space: 1. Residential Development: The amount of land to be dedicated shall satisfy the City’s parkland standard of 0.02 acres per person as established, and as may be amended, in the City’s Comprehensive Plan. The total amount of land to be dedicated shall be determined by multiplying the proposed number of dwelling units in each land use designation by the required acres of land to be dedicated per dwelling unit as shown in the formula below. The formula uses the number of persons per dwelling unit, as Page 75 of 114 Ordinance 2024-08 Page 3 of 6 determined by the estimate provided in the most recent American Community Survey for the City of Farmington. The dedication rate shall be determined at the time of preliminary plat approval. Land Use Designation Acres of land dedicated per person Persons per household Acres of land dedicated per dwelling unit Low Density Residential 0.02 X 2.90 = 0.058 Low/Medium Density Residential 0.02 X 1.60 = 0.032 Medium or High Density Residential 0.02 X 1.15 = 0.023 2. Industrial Development: In industrial developments, five percent (5%) of the net area (gross area minus wetland and floodplain) included in the land to be subdivided shall be dedicated for parks, trails and open space. 3. Commercial Development: The park, trail, and open space dedication requirement of the land to be subdivided for a commercial, light industrial and/or nonresidential subdivision or development shall be five percent (5%) of the net area (gross area minus wetland and floodplain) included in the land to be subdivided. 4. Manufactured Home Park Development: The park, trail and open space dedication requirement for a manufactured home park shall be based the low/medium density residential requirements in subsection (C)1 of this section and shall be determined prior to the developer receiving approval of the site plan for such development. 5. Mixed Use Development: The amount of land to be dedicated shall be based on the calculation of the individual uses within the development as described in subsections (C)1 through 4 above. In the case of mixed use projects within the same building, the amount of land to be dedicated shall be calculated based on the percentage of square feet devoted to the nonresidential uses and the total number of dwelling units being created for the residential use. (D) Cash In Lieu of Land: 1. The City shall have the option to require cash contributions in lieu of accepting dedication of land or may accept a combination of land dedication and cash payment. Page 76 of 114 Ordinance 2024-08 Page 4 of 6 2. Contributions of cash in lieu of land shall be placed in a special reserve park fund which shall be held and used by the city to acquire land for, or to improve, parks, playgrounds, trails, or public open space. Cash payments will not be used for ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or open space. 3. The City shall require a cash payment in lieu of park, trail, and open space dedication whenever: i. The proposed dedication of land for public use is not needed; ii. The proposed dedication of land for public use is not suitable for the intended use; iii. The proposed dedication of land is too small for practical maintenance; or iv. The cash payment would be more beneficial to the development of the overall park system than dedication of the land within the property to be developed. 4. Determination of Cash Payment i. If the City elects to accept a cash payment in lieu of land, the developer shall pay to the City the same percentage of the appraised fair market value of the land that would otherwise be dedicated for park, trail, and open space under subsection (C) of this section. ii. The appraised fair market value of the land shall be determined by a qualified licensed appraiser of the developer’s choosing at the time of final subdivision approval and shall meet the uniform standards of professional appraisal practice. The appraiser fee shall be paid by the developer. iii. If the City disputes such appraisal, the City may, at the developer’s expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land. (E) Modification of Requirements: The dedication requirements based on the development's proportional share of the city park system are presumptively appropriate. A developer may request a deviation from the presumptive requirements based upon: the anticipated impact of that particular subdivision; existing park and recreational facilities; or proposed parks, open space, recreational, or common areas and facilities open to the public as designated on development plans. The request must be made to the City Council as part of an application for final plat approval. The City Council, after consideration of the request, may modify or reduce the requirements of this section. (F) Credit for Private Park and Open Space: No credit to the requirements of subsection (C) of this section will be given for private park, recreational facilities, or trails. (G) Timing: The requirements of this section for dedication of land or for contribution of cash in lieu of land shall apply at the time of final plat approval, replat, minor subdivision, Page 77 of 114 Ordinance 2024-08 Page 5 of 6 or waiver of platting, and shall apply to any plat, replat, subdivision, waiver of platting, or development which receives final approval. (H) Improvements to Dedicated Land: 1. As part of the subdivision approval, the developer shall be responsible for making certain improvements to dedicated park land, including, but not limited to, finish grading, ground cover, construction of trails, and clearly identifying park and trail boundaries with City-approved markers. 2. Park Tree Requirements: The developer is subject to Section 10-6-11, Woodland and Tree Preservation. The developer shall preserve all existing trees to the greatest extent possible during the grading process on the land that is to be dedicated for a park, trail, or open space. In cases where a significant tree or trees, as defined in Section 10-6- 11 Woodland and Tree Preservation, are lost during the grading process on the land that is to be dedicated for parks, trails, or open space, the developer shall be required to replace each significant tree lost with two (2) new trees that are at least two inches (2") in caliper. 3. Trail Construction: When the City's trail master plan identifies a trail or trails to be constructed in the land to be subdivided, the developer shall be required to pay for the construction of the trail improvements. The construction specifications of trails shall be determined by the City Engineer and Parks and Recreation Director. Whenever possible, trails shall connect with existing trails and/or sidewalks. The City's Planning Division, Parks and Recreation Department, and Engineering Department shall determine when it is feasible for trails to be constructed to encircle ponding or wetland areas. 4. Utilities: The developer shall bring utilities a reasonable distance inside the property line of the future park, as determined by the City Engineer, and shall cap them off at no cost to the City. Utilities shall include gas, storm sewer, water, electricity, and sanitary sewer. The location where such utilities are to be brought into the future park shall be determined by the City Engineer and Parks and Recreation Director. SECTION 2. 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 11, Chapter 4, Public Park, Trails, and Open Space Dedication: • Land dedication required for parks, trails, and open space • Land to be dedicated; dedication formula • Cash in lieu of land; modification of requirements • Credit for private park and open space • Improvements to dedicated land Page 78 of 114 Ordinance 2024-08 Page 6 of 6 SECTION 3. EFFECTIVE DATE. This Ordinance shall be effective upon adoption and publication according to law. Passed by the City Council of the City of Farmington, Minnesota, this 15th day of July 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 79 of 114 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Authorizing Issuance and Awarding Sale of General Obligation Bonds, Series 2024A Meeting: Regular Council - Jul 15 2024 INTRODUCTION: At the June 3, 2024 City Council meeting, the City Council authorized the City’s financial advisor, Northland Securities, to solicit proposals for the Series 2024A General Obligation Bonds. The bond proceeds will be used to fund improvements at the Rambling River Center and the reconstruction of Maple and 6th Streets. DISCUSSION: To facilitate the sale of bonds, the City sought a bond rating from Standard & Poor’s. Rating agencies such as Standard & Poor’s assess the City’s financial health, economic conditions, and fiscal management practices. They assign a grade indicating the City's likelihood of repaying borrowed funds through bonds. A higher rating signifies lower risk for investors, enabling the City to secure financing at reduced interest rates, resulting in long-term cost savings. The most recent assessment by Standard & Poor’s reaffirmed the City’s current AA+ bond rating, which is the second highest rating possible. The rating report has been provided for your reference. Northland Securities will accept competitive bids on the morning of Monday, July 15, 2024. They will report the number of bidders and the interest rates received during the City Council meeting. The draft resolution provided will be finalized with the final amounts. BUDGET IMPACT: The debt levy required to pay the bond principal and interest will be included in future budgets, beginning in 2025. ACTION REQUESTED: Staff recommends adoption of updated Resolution 2024-63, awarding sale of General Obligation Bonds, Series 2024A to the low bidder, as presented by Northland Securities. ATTACHMENTS: RatingsDirect_SummaryFarmingtonMinnesotaGeneralObligation_58640846_Jul-03-2024 2024-63 General Obligation Bonds, Series 2024A Page 80 of 114 Summary: Farmington, Minnesota; General Obligation Primary Credit Analyst: Scott Nees, Chicago + 1 (312) 233 7064; scott.nees@spglobal.com Secondary Contact: Alison Kaye, Chicago (1) 312-233-7162; alison.kaye@spglobal.com Table Of Contents Credit Highlights Outlook Credit Opinion Related Research WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 3, 2024 1 Page 81 of 114 Summary: Farmington, Minnesota; General Obligation Credit Profile US$3.36 mil GO bnds ser 2024A dtd 08/15/2024 due 02/01/2040 Long Term Rating AA+/Stable New Credit Highlights • S&P Global Ratings assigned its 'AA+' long-term rating to Farmington, Minn.'s $3.36 million series 2024A general obligation (GO) bonds. • At the same time, we affirmed our 'AA+' rating on the city's existing GO debt. • The outlook is stable. Security The bonds are secured by the city's full faith and credit, unlimited-tax GO pledge. Officials will use proceeds for improvements to the Rambling River Center facility and for street reconstruction projects and plan to pay debt service from tax abatements for the Rambling River Center portion of the project and from ad valorem taxes for the street reconstruction portion. Credit overview Farmington continues to experience steady economic growth and again saw positive operating performance in fiscal 2023, continuing a lengthy record of surplus operations. The fiscal 2024 budget is balanced and largely reflects only incremental changes over the prior year, and we expect that the city will likely continue to see balanced or better results in most years and will maintain reserves aligned with its 40% minimum policy requirement. We also expect that the combination of a stable economic base and strong financial profile will continue to provide credit stability through at least the two-year outlook horizon, while upside rating potential will largely turn on sustained improvements in the city's key economic metrics to levels that better align with those of more highly rated peers. The 'AA+' rating further reflects our assessment of the city's: • Economy that is seeing strong valuation growth amid a surge in new home construction, though with per capita wealth and incomes remaining below peer levels; • Strong financial profile with a noteworthy record of consecutive operating surpluses and an operating budget that is funded primarily through property taxes; • Strong financial policies and practices under our Financial Management Assessment (FMA) methodology, and a strong institutional framework; and • Strong debt and liabilities profile with modest pension and other postemployment benefit (OPEB) costs that we believe are unlikely to accelerate meaningfully in the medium term. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 3, 2024 2 Page 82 of 114 Environmental, social, and governance The city's environmental, social, and governance risks are neutral in the credit analysis. Outlook The stable outlook reflects our expectation that Farmington will continue to enjoy stable operations, with balanced budgets in most years and reserves remaining at or above the 40% required by its fund balance policy. The outlook also reflects our expectation that despite strong recent and ongoing economic growth, the city's economic metrics will likely remain well below levels that are typical of more highly rated peers through at least the two-year outlook horizon. Downside scenario We could lower the rating if the city's reserves were to fall materially below the 40% minimum required by its reserve policy without a plan for timely replenishment. Upside scenario We could raise the rating if the city's economy strengthens so that per capita income and market value better align with more highly rated peers. Credit Opinion Bedroom community experiencing strong residential development, though below-peer per capita wealth and income remain constraints Farmington is at the southern end of the Twin Cities metropolitan area and about a 45-minute commute to either downtown Minneapolis or St. Paul. The city has seen a surge in residential permitting that began at the start of the COVID-19 pandemic, which has amplified the trend of organic growth it was already seeing as development extends outward from the city center. Year-to-date permitting activity through May 2024 shows new development continuing to significantly outpace pre-pandemic growth rates, and management reports several multi-residential and commercial projects that are underway (or soon to be) that we expect will contribute to ongoing valuation growth in the coming few years and add several hundred more units to the city's housing stock. We expect, however, that post-pandemic economic normalization and elevated interest rates will likely translate to slower growth than was seen in 2021 and 2022, as was evident beginning in 2023 when economic market value grew by just 3.6%, compared to double-digit growth rates in the previous two years. The Dakota County labor market has typically outperformed both the state and the U.S., and the unemployment rate in 2022 was just 2.4%. Farmington's per capita wealth and income metrics, while above the national average, are below average compared to its peer group, and, in our view, will likely continue to represent an upside rating constraint without marked improvement. Long-standing record of surplus budgets with no likely challenges to budgetary balance within the outlook horizon Tight budget monitoring and controls, a predictable revenue profile, and a growing economy have enabled Farmington to consistently outperform budget and to run operating surpluses each year since 2011. The $18.8 million fiscal 2024 budget is balanced and reflects some decline in licenses and permitting revenue due to anticipated slower home WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 3, 2024 3 Summary: Farmington, Minnesota; General Obligation Page 83 of 114 construction, offset by additional intergovernmental revenue, higher charges for services due to increases in fire charges, and higher transfers in from utility funds to pay for administration and human resource costs. Expenditures primarily reflect incremental changes from the prior year, and management reports no significant year-to-date variances from budget. Labor contracts for all the city's collective bargaining units expire at the end of this calendar year and could lead to additional cost growth in the 2025 budget cycle, but we expect that outyear budgets will remain balanced given the size of the city's structural budget surplus the past few years as well as management's track record of keeping spending aligned with recurring revenue. About 75% of general fund revenue comes from property taxes and the city is not currently subject to rate limitations, which provides substantial flexibility on the revenue side to manage prospective budget gaps should they emerge. Reserves and liquidity remain very strong, with available general fund reserves totaling 54% of expenditures at the end of fiscal 2023 and with about $2 million dollars in unrestricted cash in the city's liquor store fund that could provide additional operating liquidity if needed. Management reports no plans to spend down reserves and we expect that, at minimum, the general fund balance will remain aligned with the city's 40% formal fund balance policy requirement. Very strong management with formalized policies in most key areas Highlights of the FMA include: • Strong budget assumptions for the annual budget forecast, which is formulated using at least three years of historical data and information from external sources; • Quarterly budget-to-actual and annual investment reporting to the city council with the ability to amend the budget as needed; • A detailed, 10-year financial projection that is updated annually and used to assess long-term effects of current-year budget decisions; • Capital planning through the 10-year financial plan and through a separate five-year street reconstruction plan, where both plans are updated annually and funding for projects is explicitly identified; • Formal debt management, investment, and reserve policies. The city's cyber-security protocols align with those of sector peers. Some future bonding plans pursuant to the capital plan and limited pension and OPEB exposure Farmington's net direct debt totals just over $12 million, and nearly all of it is scheduled to roll off within the next 10 years. The city periodically issues debt pursuant to its capital and street reconstruction plans, which, beyond the 2024A series, call for about $1.5 million each year for typical projects. It is also in the early stages of planning a major expansion and renovation of its police building, which management estimates could cost around $14 million. Management indicates that the project will likely be pushed back and scaled in view of future tax base growth with a goal of minimizing taxpayer burden. Farmington has no direct-purchase or variable-rate debt. The city's pension and OPEB liabilities are not a source of medium-term credit pressure as its defined-benefit plans are reasonably well funded and required contributions, which represent only a modest share of the budget, are unlikely to accelerate in a meaningful way in the next few years. It contributes to the General Employees Retirement Fund (GERF) and Police and Fire Fund (PEPFF), both of which were over 80% funded as of June 30, 2023, with Farmington's share WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 3, 2024 4 Summary: Farmington, Minnesota; General Obligation Page 84 of 114 of the net pension liability totaling about $8 million across both plans. The city also sponsors a single-employer defined-benefit OPEB plan that it funds on a pay-as-you-go basis with a liability of $1.2 million (as of Dec. 31, 2021). Strong institutional framework The institutional framework score for Minnesota cities with populations greater than 2,500 is strong. Farmington, Minnesota -- Key credit metrics Most recent Historical information 2023 2022 2021 Strong economy Projected per capita EBI % of U.S.103 Market value per capita ($)138,283 133,447 110,856 100,132 Population 24,137 25,026 24,782 County unemployment rate(%)2.4 Market value ($000)3,337,728 3,221,022 2,774,294 2,481,473 Ten largest taxpayers % of taxable value 6.5 Strong budgetary performance Operating fund result % of expenditures 6.9 8.2 5.2 Total governmental fund result % of expenditures 8.0 14.0 1.8 Very strong budgetary flexibility Available reserves % of operating expenditures 68.5 64.2 60.6 Total available reserves ($000)11,339 9,466 8,373 Very strong liquidity Total government cash % of governmental fund expenditures 167 192 157 Total government cash % of governmental fund debt service 2,025 1,380 1,218 Very strong management Financial Management Assessment Strong Strong debt & long-term liabilities Debt service % of governmental fund expenditures 8.3 13.9 12.9 Net direct debt % of governmental fund revenue 40 Overall net debt % of market value 2.1 Direct debt 10-year amortization (%)87 Required pension contribution % of governmental fund expenditures 3.8 OPEB actual contribution % of governmental fund expenditures 0.0 Strong institutional framework EBI--Effective buying income. OPEB--Other postemployment benefits. Related Research • Through The ESG Lens 3.0: The Intersection Of ESG Credit Factors And U.S. Public Finance Credit Factors, March 2, 2022 WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 3, 2024 5 Summary: Farmington, Minnesota; General Obligation Page 85 of 114 • S&P Public Finance Local GO Criteria: How We Adjust Data For Analytic Consistency, Sept. 12, 2013 Ratings Detail (As Of July 3, 2024) Farmington GO bnds Long Term Rating AA+/Stable Affirmed Farmington GO imp rfdg bnds Long Term Rating AA+/Stable Affirmed Farmington GO street reconstruction bnds Long Term Rating AA+/Stable Affirmed Certain terms used in this report, particularly certain adjectives used to express our view on rating relevant factors, have specific meanings ascribed to them in our criteria, and should therefore be read in conjunction with such criteria. Please see Ratings Criteria at www.spglobal.com/ratings for further information. Complete ratings information is available to RatingsDirect subscribers at www.capitaliq.com. All ratings affected by this rating action can be found on S&P Global Ratings' public website at www.spglobal.com/ratings. WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 3, 2024 6 Summary: Farmington, Minnesota; General Obligation Page 86 of 114 WWW.STANDARDANDPOORS.COM/RATINGSDIRECT JULY 3, 2024 7 STANDARD & POOR’S, S&P and RATINGSDIRECT are registered trademarks of Standard & Poor’s Financial Services LLC. S&P may receive compensation for its ratings and certain analyses, normally from issuers or underwriters of securities or from obligors. S&P reserves the right to disseminate its opinions and analyses. S&P's public ratings and analyses are made available on its Web sites, www.spglobal.com/ratings (free of charge), and www.ratingsdirect.com (subscription), and may be distributed through other means, including via S&P publications and third-party redistributors. 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The Content shall not be used for any unlawful or unauthorized purposes. S&P and any third-party providers, as well as their directors, officers, shareholders, employees or agents (collectively S&P Parties) do not guarantee the accuracy, completeness, timeliness or availability of the Content. S&P Parties are not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, for the results obtained from the use of the Content, or for the security or maintenance of any data input by the user. The Content is provided on an “as is” basis. S&P PARTIES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, FREEDOM FROM BUGS, SOFTWARE ERRORS OR DEFECTS, THAT THE CONTENT’S FUNCTIONING WILL BE UNINTERRUPTED OR THAT THE CONTENT WILL OPERATE WITH ANY SOFTWARE OR HARDWARE CONFIGURATION. In no event shall S&P Parties be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs or losses caused by negligence) in connection with any use of the Content even if advised of the possibility of such damages. Copyright © 2024 by Standard & Poor’s Financial Services LLC. All rights reserved. Page 87 of 114 CERTIFICATION I, Shirley R Buecksler, being the City Clerk for the City of Farmington, do hereby certify that the attached is a true and exact copy of Resolution 2024-63 Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $[PAR] General Obligation Bonds, Series 2024A, adopted by the City Council of the City of Farmington, Minnesota, at an authorized meeting held on July 15, 2024, and shown in the minutes of the meeting in my possession. Signed this 15th day of July 2024. ________________________ Shirley R Buecksler City Clerk (Seal) DO NOT REMOVE THIS COVER SHEET IS NOW A PERMANENT PART OF THE CERTIFIED DOCUMENT Page 88 of 114 4891-7174-1879\3 It was reported that [__] ([__]) proposals for the purchase of $[PAR] General Obligation Bonds, Series 2024A were received prior to 10:30 a.m., Central time, on Monday, July 15, 2024, pursuant to the Official Statement distributed to potential purchasers of the Bonds by Northland Securities, Inc., municipal advisors to the City. The proposals have been publicly opened, read and tabulated and were found to be as follows: See Attached Page 89 of 114 4891-7174-1879\3 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-63 A RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $[PAR] GENERAL OBLIGATION BONDS, SERIES 2024A BE IT RESOLVED by the City Council (this “Council”) of the City of Farmington, Minnesota (the “City”), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.01. Authorization. This Council, by resolution adopted June 3, 2024, authorized the issuance and sale of its General Obligation Bonds, Series 2024A, in the approximate principal amount of $3,965,000 (the “Bonds”), pursuant to Minnesota Statutes, Sections 469.1812 – 469.1815 (the “Abatement Act”) and 475.58 subdivision 3b (the “Street Reconstruction Act”), and Chapter 475, upon the terms and conditions hereinafter set forth. The portion of the Bonds ($[______]) that is being issued pursuant to the Abatement Act (the “Abatement Bonds”) will be used to finance certain improvements to the Rambling River Center (the “Abatement Projects”). This Council, by resolution duly adopted on June 3, 2024, authorized the issuance of the Abatement Bonds for the purpose of financing the Abatement Projects. To finance the Abatement Projects, this Council, by resolution adopted after a public hearing held June 3, 2024, granted a fifteen (15) year abatement of property taxes to be imposed by the City on certain parcels in the City (the “Tax Abatement”), pursuant to the Abatement Act. The revenues received by the City from such Tax Abatement are herein referred to as the “Tax Abatement Revenue.” The portion of the Bonds ($[_____]) that is being issued pursuant to the Street Reconstruction Act (the “Street Reconstruction Plan Bonds”) will be used to finance the cost of certain street reconstruction projects (the “Street Reconstruction Projects”; together with the Abatement Projects, the “Projects”) described in the City’s Five-Year Street Reconstruction Plan for the period of March 1, 2024 through March 1, 2029 (the “Street Reconstruction Plan”) adopted by this Council, following a public hearing, on June 3, 2024. A petition requesting a vote on the question of issuing the Street Reconstruction Plan Bonds, signed by voters equal to five percent of the votes cast in the last municipal general election, was not filed with the City within 30 days of the public hearing. Accordingly, the issuance of the Street Reconstruction Plan Bonds is authorized without an election. Maturity schedules for each portion of the Bonds are attached hereto as Exhibit B. 1.02. Sale. Pursuant to the Notice of Sale and the Official Statement prepared on behalf of the City by Northland Securities, Inc., sealed proposals for the purchase of the Bonds were Page 90 of 114 received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of [Purchaser], in [City, State] (the “Purchaser”), to purchase the Bonds at a price of $[purchase price], plus accrued interest, if any, on all Bonds to the day of issuance and delivery, on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Administrator are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Bonds in accordance with the notice of sale. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered, and shall be deducted from the purchase price paid at settlement. SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be originally dated as of August 15, 2024, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows [to come]: Year Amount Rate Year Amount Rate 2026 $ % 2034 $ % 2027 2035 2028 2036 2029 2037 2030 2038 2031 2039 2032 2040 2033 [TO BE ADJUSTED FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest on and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein, provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of Page 91 of 114 authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing August 1, 2025, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar’s close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a business day. 2.04. Redemption. Bonds maturing on or after February 1, 2033, shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000, on February 1, 2032, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Administrator shall cause notice of the call for redemption thereof to be published if and as required by law, and, at least thirty (30) and not more than sixty (60) days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the Registrar and registered holders of any Bonds to be redeemed at their addresses as they appear on the register described in Section 2.06 hereof, provided that notice shall be given to any securities depository in accordance with its operational arrangements. No defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing on February 1, 20__ and 20__ (the “Term Bonds”) shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: Term Bonds Maturing in 20__ Term Bonds Maturing in 20__ Sinking Fund Payment Date Aggregate Principal Amount Sinking Fund Payment Date Aggregate Principal Amount *stated maturity *stated maturity Notice of redemption shall be given as provided in the preceding paragraph.] Page 92 of 114 2.05. Appointment of Initial Registrar. The City hereby appoints U.S. Bank Trust Company, National Association, St. Paul, Minnesota, as the initial bond registrar, transfer agent and paying agent (the “Registrar”). The Mayor and City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty (30) days’ written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a register (the Bond Register) in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. The term Holder or Bondholder as used herein shall mean the person (whether a natural person, corporation, association, partnership, trust, governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. All Bonds surrendered for payment, transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for Page 93 of 114 the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes; and all payments made to any registered owner or upon the owner’s order shall be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. (j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and City Administrator, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Page 94 of 114 resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been prepared, executed and authenticated, the City Administrator shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: “Beneficial Owner” shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person’s subrogee. “Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. “DTC” shall mean The Depository Trust Company of New York, New York. “Participant” shall mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. “Representation Letter” shall mean the Representation Letter pursuant to which the City agrees to comply with DTC’s Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Page 95 of 114 Co. in accordance with DTC’s Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City’s obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of physical certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor or City Administrator, if not previously filed with DTC, is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of physical certificates and the method of payment of principal of and interest on such Bonds in the form of physical certificates. 2.09. Form of Bonds. The Bonds shall be printed in substantially the form found at Exhibit A hereto. SECTION 3. GENERAL OBLIGATION BONDS, SERIES 2024A CONSTRUCTION FUND. There is hereby established on the official books and records of the City a General Obligation Bonds, Series 2024A Construction Fund (the “Construction Fund”) to be held and administered by the City Administrator separate and apart from all other funds of the City. Within the Construction Fund are established the following accounts: (a) Abatement Account. The Abatement Account shall be credited with (i) $[____], representing the estimated cost of the Abatement Projects ($[____]) and costs of issuance of the Abatement Bonds ($[____]), from the proceeds of the Abatement Bonds. The City Administrator shall maintain the Abatement Account until payment of all costs and expenses incurred in connection with the Abatement Projects have been paid. Page 96 of 114 (b) Street Reconstruction Account. The Street Reconstruction Account shall be credited with $[____], representing the estimated cost of the Street Reconstruction Projects ($[____]) and costs of issuance of the Street Reconstruction Plan Bonds ($[____]), from the proceeds of the Street Reconstruction Plan Bonds. The City Administrator shall maintain the Street Reconstruction Account until all costs and expenses incurred by the City in connection with Street Reconstruction Projects have been paid. From the Construction Fund there shall be paid all costs and expenses related to the construction and acquisition of the Projects, including costs of issuance of the Bonds. After payment of all such costs and expenses, the Construction Fund shall be terminated. All funds on hand in the Construction Fund when terminated shall be credited to the Bond Fund described in Section 4.01 hereof, unless and except as such proceeds may be transferred to some other fund or account as to which the City has received from bond counsel an opinion that such other transfer is permitted by applicable laws and does not impair the exemption of interest on the Bonds from federal income taxes. SECTION 4. GENERAL OBLIGATION BONDS, SERIES 2024A BOND FUND. 4.01. General Obligation Bonds, Series 2024A Bond Fund. The Bonds shall be payable from a separate General Obligation Bonds, Series 2024A Bond Fund (the “Bond Fund”) of the City, which shall be created and maintained on the books of the City as a separate debt redemption fund until the Bonds, and all interest thereon, are fully paid. Within the Debt Service Account (described below) within the Bond Fund are established the following subaccounts: (a) Abatement Subaccount. There shall be credited to the Abatement Subaccount the following: (i) the amounts specified in Section 3(a) above, after payment of all costs of the Abatement Projects; (ii) Tax Abatement Revenues collected in accordance with this Resolution and allocable to the Abatement Bonds; (iii) any taxes levied and collected in accordance with this Resolution and allocable to the Abatement Bonds; and (iv) any other funds appropriated by the Council for the payment of the Abatement Bonds. (b) Street Reconstruction Subaccount. There shall be credited to the Street Reconstruction Subaccount the following: (i) the amounts specified in Section 3(b) above, after payment of all costs of the Street Reconstruction Projects; (ii) taxes levied and collected in accordance with Section 5 of this Resolution and allocable to the Street Reconstruction Plan Bonds; and Page 97 of 114 (iii) any other funds appropriated by this Council for the payment of the Street Reconstruction Plan Bonds. The principal of and interest on the Bonds shall be payable from the Bond Fund, and the money on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. On or before each principal and interest payment date for the Bonds, the City Administrator is directed to remit to the Registrar from funds on deposit in the Bond Fund the amount needed to pay principal and interest on the Bonds on the next succeeding principal and interest payment date. There are hereby established two accounts in each Subaccount of the Bond Fund, designated as the “Debt Service Account” and the “Surplus Account.” There shall initially be deposited into the Debt Service Accounts upon the issuance of the Bonds the amount of $[___]. Thereafter, during each bond year (each twelve month period commencing on February 2 and ending on the following February 1, a “Bond Year”), as monies are received into the Bond Fund, the City Administrator shall first deposit such monies into the applicable Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal and interest due on the respective Bonds through the end of the Bond Year. All subsequent monies received in the Bond Fund during the Bond Year shall be appropriated to the Surplus Accounts. If at any time the amount on hand in the Debt Service Accounts is insufficient for the payment of principal and interest then due, the City Administrator shall transfer to the Debt Service Accounts amounts on hand in the Surplus Accounts to the extent necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to time held in the Debt Service Accounts and Surplus Accounts shall be credited or charged to said accounts. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Surplus Accounts when the balance therein is sufficient, and the City covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. SECTION 5. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts not less than five percent in excess of amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City, said taxes to be levied and collected in the following years and amounts: Levy Years Collection Years Amount See attached levy computation Said taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce said levies from other legally available funds in accordance with the provisions of Minnesota Statutes, Section 475.61. Page 98 of 114 SECTION 6. RESERVED. SECTION 7. DEFEASANCE. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the registered owners of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full, or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms by depositing with the Registrar on or before that date an amount equal to the principal, redemption premium, if any, and interest then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at th e holder’s option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an earlier designated redemption date, provided, however, that if such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City shall have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 8. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING DISCLOSURE. 8.01. General Tax Covenant. The City covenants and agrees with the registered owners of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any actions that would cause interest on the Bonds to become includable in the gross income of the recipient under the Internal Revenue Code of 1986, as amended (the “Code”) and applicable Treasury Regulations (the “Regulations”), and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. In particular, the City covenants and agrees that all proceeds of the Bonds deposited in the Construction Fund will be expended solely for the payment of the costs of the Projects. All improvements so financed will be owned and maintained by the City as part of the public infrastructure of the City and available for use by members of the general public on a substantially equal basis. The City has not entered and will not enter into any lease, management, use or other agreement or contract relating to the use of the Projects, or any portion thereof, or security for the payment of the Bonds which might cause the Bonds to be considered “private activity bonds” or “private loan bonds” pursuant to Section 141 of the Code. Page 99 of 114 8.02. Arbitrage Certification. The Mayor and City Administrator, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148 of the Code and applicable Regulations stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be “arbitrage bonds” within the meaning of the Code and Regulations. 8.03. Arbitrage Rebate. (a) It is hereby found that the City has general taxing powers, that no Bond is a “private activity bond” within the meaning of Section 141 of the Code, that 95% or more of the net proceeds of the Bonds are to be used for local governmental activities of the City, and that the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the City and all subordinate entities thereof during the year 2024 is not reasonably expected to exceed $5,000,000. Therefore, pursuant to Section 148(f)(4)(D) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code. (b) Notwithstanding the provisions of paragraph (a) of this Section 8.03, if the arbitrage rebate provisions of Section 148(f) of the Code apply to the Bonds, the City hereby covenants and agrees to make the determinations, retain records and rebate to the United States the amounts at the times and in the manner required by said Section 148(f) and applicable Regulations. 8.04. Qualified Tax-Exempt Obligations. The City Council hereby designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of tax-exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for the purpose of this representation) and are not excluded from this calculation by Section 265(b)(3)(C)(ii) of the Code which will be issued by the City and all subordinate entities during calendar year 2024 does not exceed $10,000,000. 8.05. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Projects which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations, provided that this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Projects meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to “preliminary expenditures” for the Projects as defined in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the “issue price” of the Bonds. 8.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time Page 100 of 114 to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein , Beneficial Owner means, in respect of a Bond, any person or entity which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before twelve (12) months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2024, the following financial information and operating data in respect of the City (the Disclosure Information): (A) the audited financial statements of the City for such fiscal year, prepared in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under the headings: “Economic and Financial Information—Valuations,” “—Tax Capacity Rates” and “—Tax Levies and Collections” and “Summary of Debt and Debt Statistics,” which information may be unaudited. Page 101 of 114 Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to the Municipal Securities Rulemaking Board (the MSRB) through its Electronic Municipal Market Access System (EMMA) or the SEC. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, not in excess of 10 business days after the occurrence of the event, to the MSRB through EMMA, notice of the occurrence of any of the following events (each a “Material Fact,” as hereinafter defined): (A) principal and interest payment delinquencies; (B) non-payment related defaults, if material; (C) unscheduled draws on debt service reserves reflecting financial difficulties; (D) unscheduled draws on credit enhancements reflecting financial difficulties; (E) substitution of credit or liquidity providers, or their failure to perform; (F) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Bonds or other material events affecting the tax status of the Bonds; (G) modifications to rights of Bond holders, if material; (H) Bond calls, if material and tender offers; (I) defeasances; (J) release, substitution, or sale of property securing repayment of the Bonds if material; (K) rating changes; (L) bankruptcy, insolvency, receivership, or similar event of the obligated person; (M) the consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the Page 102 of 114 obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (N) appointment of a successor or additional trustee or the change of name of a trustee, if material; (O) Incurrence of a financial obligation of the obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the obligated person, any of which affect security holders, if material; “financial obligation” means a (a) debt obligation; (b) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that “financial obligation” shall not include municipal securities as to which a final official statement (as defined in the Rule) has been provided to the MSRB consistent with the Rule; and (P) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the obligated person, any of which reflect financial difficulties. As used herein, for those events that must be reported if material, an event is material if a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also material if it would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (3) In a timely manner, to the MSRB through EMMA, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; Page 103 of 114 (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. (1) The City agrees to make available to the MSRB through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(2) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted Page 104 of 114 at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. SECTION 9. CERTIFICATION OF PROCEEDINGS. 9.01. Registration of Bonds. The City Administrator is hereby authorized and directed to file a certified copy of this resolution in the records of Dakota County, together with such additional information as is required, and to issue a certificate that the Bonds have been duly entered upon the County Treasurer-Auditor’s bond register and the tax required by law has been levied. 9.02. Authentication of Transcript. The officers of the City and the City Administrator are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 9.03. Official Statement. The Preliminary Official Statement relating to the Bonds prepared and distributed by Northland Securities, Inc., is hereby approved. Northland Securities, Inc. is hereby authorized on behalf of the City to prepare and distribute to the Purchaser within seven business days from the date hereof, a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds as is required to be included in the Official Statement by Rule l5c2-12 adopted by the Securities and Exchange Commission (the SEC) under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Page 105 of 114 Adopted by the City Council of the City of Farmington, Minnesota, this 15th day of July 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 106 of 114 4891-7174-1879\3 APPENDIX I Taxes Levied [to come] Page 107 of 114 4891-7174-1879\3 EXHIBIT A UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF FARMINGTON GENERAL OBLIGATION BOND, SERIES 2024A R-___ $_________ Interest Rate Maturity Date Date of Original Issue CUSIP No. __% February 1, 20__ August 15, 2024 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF FARMINGTON, MINNESOTA (the “City”), acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above, and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual interest rate specified above, payable on February 1 and August 1 in each year, commencing August 1, 2025 (each such date, an “Interest Payment Date”), to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding calendar month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the agent of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on U.S. Bank Trust Company, National Association, St. Paul, Minnesota, as bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein (the “Registrar”) or other agreed-upon means of payment by the Registrar. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue (the “Bonds”) in the aggregate principal amount of $[PAR], issued pursuant to a resolution adopted by the City Council (the Council) on July 15, 2024 (the “Resolution”) to provide funds to finance certain street reconstruction projects and improvements to the Rambling River Center in the City, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475 and Sections 469.1812 – 469.1815 and 475.58, subdivision 3b. The Bonds are issuable only in fully registered form, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing on or after February 1, 2033 shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with Page 108 of 114 4891-7174-1879\3 A-3 its customary procedures) in multiples of $5,000, on February 1, 2032, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Administrator shall cause notice of the call for redemption thereof to be published if and as required by law, and, at least thirty (30) and not more than sixty (60) days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the Registrar and registered holders of any Bonds to be redeemed at their addresses as they appear on the register, provided that notice shall be given to any securities depository in accordance with its operational arrangements. No defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upo n partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. [Bonds maturing in the years 20__ and 20__ shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on February 1 in each of the years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing in 20__ Term Bonds Maturing in 20__ Sinking Fund Payment Date Aggregate Principal Amount Sinking Fund Payment Date Aggregate Principal Amount *stated maturity *stated maturity Notice of redemption shall be given as provided in the preceding paragraph.] The Bonds have been designated as “qualified tax-exempt obligations” pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized denom inations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest Page 109 of 114 4891-7174-1879\3 A-4 on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof, the City Council has by the Resolution covenanted and agreed to collect and apply to payment of the Bonds ad valorem taxes levied on all taxable property in the City and tax abatement revenues, which taxes and tax abatement revenues are estimated to be collectible in years and amounts sufficient to produce sums not less than 5% in excess of the principal of and interest on the Bonds when due, and has appropriated such revenues and taxes to its General Obligation Bonds, Series 2024A Bond Fund for the payment of such principal and interest; that if necessary for the payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the projects financed by this Bond have been or will be taken according to law and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of th e City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. Page 110 of 114 4891-7174-1879\3 A-5 IN WITNESS WHEREOF, the City of Farmington, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. CITY OF FARMINGTON, MINNESOTA (facsimile signature – Mayor) (facsimile signature – City Administrator) ____________ CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: _________________ U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Registrar By Authorized Representative ____________ Page 111 of 114 4891-7174-1879\3 A-6 TEN COM --as tenants in common UTMA ………….…. as Custodian for ………….….. (Cust) (Minor) TEN ENT --as tenants by the entireties under Uniform Transfers to Minors Act ...................…….. (State) JT TEN --as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ____________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto _____________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint ______________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other “signature guaranty program” as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. Please insert social security or other identifying number of assignee:______________________ Page 112 of 114 4891-7174-1879\3 EXHIBIT B MATURITY SCHEDULES Year Street Reconstruction Plan Bonds Abatement Bonds Total Total Page 113 of 114 4891-7174-1879\3 DAKOTA COUNTY TREASURER-AUDITOR’S CERTIFICATE AS TO REGISTRATION AND TAX LEVY The undersigned, being the duly qualified and acting County Treasurer-Auditor of Dakota County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on July 15, 2024, by the City Council of Farmington, Minnesota, setting forth the form and details of an issue of $[PAR] General Obligation Bonds, Series 2024A, dated as of August 15, 2024, and levying taxes for the payment of the Bonds. I further certify that the issue has been entered on my bond register and the tax levy has been filed as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal this _____ day of _____________, 2024. Dakota County Treasurer-Auditor (SEAL) Page 114 of 114