HomeMy WebLinkAbout04.07.25 Council Packet
Meeting Location:
Farmington City Hall, Council
Chambers
430 Third Street
Farmington, MN 55024
CITY COUNCIL REGULAR MEETING AGENDA
Monday, April 7, 2025
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. Application for Gambling Event Permit for Farmington Rotary Club
September 9, 2025
Agenda Item: Application for Gambling Event Permit for Farmington
Rotary Club September 9, 2025 - Pdf
4 - 10
7.2. Minutes of the March 17, 2025 Regular City Council Meeting
Agenda Item: Minutes of the March 17, 2025 Regular City Council
Meeting - Pdf
11 - 18
7.3. Pilot Knob Liquor Store Lease Renewal
Agenda Item: Pilot Knob Liquor Store Lease Renewal - Pdf
19 - 21
7.4. Declaration and Conservation Easement - MNLCO Farmington, LLC
Agenda Item: Declaration and Conservation Easement - MNLCO
Farmington, LLC - Pdf
22 - 31
7.5. Development Contract - Vermillion Commons 5th Addition
Agenda Item: Development Contract - Vermillion Commons 5th Addition
- Pdf
32 - 50
Page 1 of 195
7.6. Resolution Granting a Time Extension for Recording of Final Plat -
Farmington Technology Park
Agenda Item: Adopt Resolution Granting a Time Extension for
Recording of Final Plat - Farmington Technology Park - Community
Development - Pdf
51 - 53
7.7. Agreement with BS&A Software for Financial Software and Services
Agenda Item: Agreement with BS&A Software for Financial Software
and Services - Pdf
54 - 71
7.8. Final 2024 Interfund Transfers
Agenda Item: Approve Final 2024 Interfund Transfers - Pdf
72 - 74
7.9. Payment of Claims
Agenda Item: Payment of Claims - Pdf
75 - 76
Payment of Claims
7.10. Updated Capital Asset Policy
Agenda Item: Updated Capital Asset Policy - Pdf
77 - 92
7.11. Health Insurance Broker Request for Proposal
Agenda Item: Health Insurance Broker Request for Proposal - Pdf
93 - 99
7.12. Staff Approvals and Recommendations
Agenda Item: Staff Approvals and Recommendations - Pdf
100
7.13. Agreements with AV for You for Outdoor Movie Services
Agenda Item: Agreements with AV for You for Outdoor Movie Services -
Pdf
101 - 119
7.14. Donation from Nancy and David Toensing to the Parks and Recreation
Department
Agenda Item: Donation from Nancy and David Toensing to the Parks
and Recreation Department - Pdf
120 - 121
7.15. Professional Services Agreement with INSPEC for Roofing Consultation
Services for Fire Station #1 Reroof Project
Agenda Item: Professional Services Agreement with INSPEC for
Roofing Consultation Services for Fire Station #1 Reroof Project - Pdf
122 - 139
7.16. Professional Services Agreement with Bolton & Menk, Inc. for
Topographic Survey Services – Farmington Police Security Fence
Agenda Item: Professional Services Agreement with Bolton & Menk, Inc.
for Topographic Survey Services – Farmington Police Security Fence -
Pdf
140 - 161
7.17. Resolution Declaring Surplus Property-Police
Agenda Item: Resolution Declaring Surplus Property-Police - Pdf
162 - 163
7.18. Professional Services Agreement with Short Elliott Hendrickson, Inc. for
the CR 50 & Pilot Knob Road Traffic Signal Replacement Design
Services
Agenda Item: Professional Services Agreement with Short Elliott
164 - 180
Page 2 of 195
Hendrickson, Inc. for the CR 50 & Pilot Knob Road Traffic Signal
Replacement Design Se - Pdf
7.19. Resolution Declaring Surplus Equipment-Public Works
Agenda Item: Resolution Declaring Surplus Equipment-Public Works -
Pdf
181 - 182
8. PUBLIC HEARINGS
8.1. Application for Beer & On-Sale Wine License from Grace Filled Table
LLC dba Lighthouse Kitchen + Cafe
Conduct the public hearing and motion to approve the Beer & On-Sale
Wine License for Grace Filled Table LLC dba Lighthouse Kitchen +
Cafe, located at 953 8th Street, Farmington, MN.
Agenda Item: Application for Beer & On-Sale Wine License from Grace
Filled Table LLC dba Lighthouse Kitchen + Cafe - Pdf
183 - 195
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. CITY COUNCIL ROUNDTABLE
14. ADJOURN
Page 3 of 195
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Shirley Buecksler, City Clerk
Department: Administration
Subject: Application for Gambling Event Permit for Farmington Rotary Club September 9,
2025
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
For Council approval is a Gambling Event Permit application from Farmington Rotary Club for a
raffle on September 9, 2025.
DISCUSSION:
The City has received an application from Farmington Rotary Club for approval of an application to
conduct a raffle on September 9, 2025 at the Rambling River Center, 325 Oak Street, Farmington.
Per Minnesota Statute, City approval is required prior to the Applicant submitting their application to
the Gambling Control Board. A background investigation is not required for a Gambling Event
Permit.
Staff recommends approval of this application and adoption of Resolution 2025-022.
ACTION REQUESTED:
Adopt Resolution 2025-022 Concurring with the Issuance of a Minnesota Lawful Gambling Permit
for the Farmington Rotary Club to Conduct a Raffle at the Rambling River Center, 325 Oak Street,
Farmington, September 9, 2025.
ATTACHMENTS:
Gambling Event Permit, Farmington Rotary Club 9.09.25
2025-022 Gambling Event Permit, Farmington Rotary Club
Page 4 of 195
CITY OF
FARMINGTON
Application for Gambling Event Permit
Form GE2009)
APPLICANT INFORMATION
Applicant Name: Joy Kresin Omlid Title:
President
First) Middle) Last)
Applicant Address. 819 7th Street, Farmington MN 55024
Street) City, State, ZIP)
Applicant Home Phone: 952-221-6723 Date of Birth:
BUSINESS INFORMATION
Business Name/Organization: Farmington Rotary Club
Address: PO BOX 175, Farmington MN 55024
Street) City, State, ZIP)
Business Phone:9522216723 FAX: Email:
jkresinomlid@finchanddaisy.com
PROPOSED GAMBLING EVENT LOCATION INFORMATION
Address: 325 Oak Street, Farmington MN 55024
Telephone Number: 651 -280-6800 FAX:
Property owner: City of Farmington
Property Owner Address: 430 Third Street, Farmington MN 55024
Street) City, State, ZIP)
Property Owner Telephone Number: 651 -280-6800
Description of gambling activities to be conducted on premises by organization; including days & hours:
Raffle tickets to be sold May thru September 8; drawing to be held on September 9
PROVIDE ALL RELEVANT INFORMATION SUPPORITNG THE BASIS FOR EXCLUSION OR
EXEMPTION FROM LICENSE REQUIREMENT UNDER ONE OF THE FOLLOWING APPLICABLE
SECTIONS:
Page 5 of 195
Minnesota Statute § 349.166, subd. 1 (a):
Name of fair or civic celebration:
Number of consecutive days of bingo operation.-
Number of bingo occasions conducted by organization during the current calendar year:
Minnesota Statute § 349.166, subd. 1 (b):
Value of prizes for a single bingo game: $
Value of total prizes awarded at a single bingo occasion: $
Number of bingo occasions held by the organization or at the facility each week:
Participants allowed to play in a bingo game:
Name and address of manager appointed to supervise the bingo and registered with the Gambling Control
Board:
Minnesota Statute § 349.166, subd. 1 (c):
Value of all raffle prizes awarded by the organization during calendar year: $
6 200
Minnesota Statute § 349.166, subd. 2 (a):
Number of lawful gambling events during the year:
Value of prizes for lawful gambling in a calendar year: $
Exemption identification number:
I hereby certify that all statements made in this application are true and complete to the
best of my knowledge. I understand that any misstatements or omissions of material facts
may result in the disqualification or denial of the license. I authorize the City of Farmington
to investigate the information and contact persons/organizations named on this
application. The undersigned agrees that the gambling event will conform to all applicable
state laws, Gambling Control Board regulations, and ordinances of the City of Farmington.
Name of Applicant (please print) Joy Kresin Omlid
Signature
A111,' 0,,/
Date 2/28/25
APPROVALS
Department Signature Date Comments
Police
City Clerk
Applicant will need copy of permit and signed resolution to send to the State of Minnesota.
Page 6 of 195
CITY OF FARMINGTON—DATA PRACTICES ACT NOTICE
Minnesota law requires that you be informed of your rights as they pertain to private information("private
data") collected from you by the City of Farmington ("the City"). Private data is that information held by
the City which is available to you, but not to the public.
You have the right to refuse to provide the information requested on this application form, however, without
certain information, the City may be unable to approve the license applied for. If you feel that certain
information requested is an unwarranted invasion of privacy, please contact the Human Resources Director.
The dissemination and the use of private data we collect is limited to that necessary for the administration
and management of the City's licensing program. Persons or agencies with whom this information may be
shared include:
City personnel, including law enforcement personnel, administering the license program;
The Bureau of Criminal Apprehension;
The City Attorney and support staff of the City Attorney's office;
Federal, state, local, and contracted private auditors;
Federal and State agencies with oversight or responsibility related to the licensed business;
Those individuals or agencies as to whom you give your express written permission for release of
the information.
Unless otherwise authorized by state statute or federal law, other governmental agencies utilizing the
reported private data must also treat the information as private.
You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act. These
rights include:
The right to see and obtain copies of data maintained about you;
The right to be told the contents and meaning of the data; and
The right to contest the accuracy and completeness of the data.
To exercise these rights, contact the Farmington Human Resources Director at 430 Third Street,
Farmington, MN 55024 (651) 280-6800. I have read and I understand the above information regarding my
rights as a subject of government data.
3/18/25
Applicant Date
Page 7 of 195
MINNESOTA LAWFUL GAMBLING 4/23
LG220 Application for Exempt Permit Page 1 of 3
An exempt permit may be issued to a nonprofit Application Fee (non-refundable)
organization that: Applications are processed in the order received. If the application
conducts lawful gambling on five or fewer days, and
is postmarked or received 30 days or more before the event, the
awards less than $50,000 in prizes during a calendar
application fee is $100; otherwise the fee is $150.
year.
If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of
1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite
your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted.
ORGANIZATION INFORMATION
Organization Previous Gambling
Name:Farmington Rotary Club Permit Number: X-3431-23-011
Minnesota Tax ID Federal Employer ID
Number, if any: 1700646 Number(FEIN), if any: 36-4631800
Mailing Address: PO Box 175
City: Farmington State: MN Zip: 55024 County: Dakota
Name of Chief Executive Officer (CEO): Joy Kresin Omlid
CEO Daytime Phone:9522216723 CEO Email: jkresinomlid@finchanddaisy.com
permit will be emailed to this email address unless otherwise indicated below)
Email permit to (if other than the CEO):
NONPROFIT STATUS
Type of Nonprofit Organization (check one):
Fraternal Religious Veterans E71 Other Nonprofit Organization
Attach a copy of one of the following showing proof of nonprofit status:
DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.)
A current calendar year Certificate of Good Standing
Don't have a copy? Obtain this certificate from:
MN Secretary of State, Business Services Division Secretary of State website, phone numbers:
60 Empire Drive, Suite 100 www.sos.state.mn.us
St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767
IRS income tax exemption (501(c)) letter in your organization's name
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the
IRS toll free at 1-877-829-5500.
IRS -Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and
2. the charter or letter from your parent organization recognizing your organization as a subordinate.
GAMBLING PREMISES INFORMATION
Name of premises where the gambling event will be conducted
for raffles, list the site where the drawing will take place): Rambling River Center
Physical Address (do not use P.O. box): 325 Oak Street
Check one:
PI City: Farmington Zip: 55024 County: Dakota
Township: Zip: County:
Date(s) of activity (for raffles, indicate the date of the drawing): September 9th, 2025
Check each type of gambling activity that your organization will conduct:
Bingo =Paddlewheels =Pull-Tabs =Tipboards Raffle
Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained
from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection
devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to
www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900.Page 8 of 195
4/23
LG220 Application for Exempt Permit Page 2 of 3
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to
the Minnesota Gambling Control Board)
CITY APPROVAL COUNTY APPROVAL
for a gambling premises for a gambling premises
located within city limits located in a township
The application is acknowledged with no waiting period. The application is acknowledged with no waiting period.
The application is acknowledged with a 30-day waiting The application is acknowledged with a 30-day waiting
period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after
60 days for a 1st class city). 30 days.
The application is denied. The application is denied.
Print City Name: Farmington Print County Name:
Signature of City Personnel: Signature of County Personnel:
Title: Date:Title: Date:
TOWNSHIP (if required by the county)
On behalf of the township, I acknowledge that the organization
is applying for exempted gambling activity within the township
The city or county must sign before limits. (A township has no statutory authority to approve or
submitting application to the
deny an application, per Minn. Statutes, section 349.213.)
Gambling Control Board.
Print Township Name:
Signature of Township Officer:
Title: Date:
CHIEF EXECUTIVE OFFICER'S SIGNATURE (required)
The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial
report will be completed and returned to the Board within 30 days of the event date.
Chief Executive Officer's Signature: d Date: 2/27/2025
Signature must be CEO's signature; designee may not sign)
Print Name: Joy Kresin Omlid
REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS
Complete a separate application for: Mail application with:
all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and
all gambling conducted on one day.
application fee (non-refundable). If the application is
Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event,
conducted on the same day. the application fee is $100; otherwise the fee is $150.
Financial report to be completed within 30 days after the Make check payable to State of Minnesota.
gambling activity is done: To: Minnesota Gambling Control Board
A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South
and return the financial report form to the Gambling Control Roseville, MN 55113
Board.
Questions?
Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at
3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900.
Data privacy notice: The information requested application. Your organization's name and ment of Public Safety; Attorney General;
on this form (and any attachments) will be used address will be public information when received Commissioners of Administration, Minnesota
by the Gambling Control Board (Board) to by the Board. All other information provided will Management&Budget,and Revenue; Legislative
determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling
be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court
Minnesota. Your organization has the right to the permit, all information provided will become order; other individuals and agencies specifically
refuse to supply the information; however, if public. If the Board does not issue a permit,all authorized by state or federal law to have access
your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for
information, the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or
determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was
as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent.
If your organization supplies the information members, Board staff whose work requires
requested,the Board will be able to process the access to the information; Minnesota's Depart-
This form will be made available in alternative format(i.e. large print, braille) upon request.
An equal opportunity employer Page 9 of 195
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2025-022
A RESOLUTION CONCURRING WITH THE ISSUANCE
OF A MINNESOTA LAWFUL GAMBLING PERMIT
FOR THE FARMINGTON ROTARY CLUB
TO CONDUCT A RAFFLE
AT THE RAMBLING RIVER CENTER, 325 OAK STREET, FARMINGTON,
SEPTEMBER 9, 2025
WHEREAS, the Farmington Rotary Club has made application for a Lawful Gambling
Permit to the Gambling Control Board to conduct a raffle; and
WHEREAS, the raffle will be held at the Rambling River Center, located at 325 Oak
Street, Farmington, Minnesota, on September 9, 2025; and
WHEREAS, the City of Farmington has no objections to said activity.
NOW, THEREFORE, BE IT RESOLVED that the Farmington Mayor and City Council
hereby concur with the issuance of a Lawful Gambling Exempt by the Gambling Control Board to
the Farmington Rotary Club to conduct a raffle at 325 Oak Street, Farmington, Minnesota, on
September 9, 2025.
Adopted by the City Council of the City of Farmington, Minnesota, this 7th day of April 2025.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 10 of 195
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Shirley Buecksler, City Clerk
Department: Administration
Subject: Minutes of the March 17, 2025 Regular City Council Meeting
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
For Council approval are the minutes of the March 17, 2025 Regular City Council Meeting.
ACTION REQUESTED:
Approve the minutes of the March 17, 2025 Regular City Council Meeting.
ATTACHMENTS:
03.17.25 Council Minutes
Page 11 of 195
Regular City Council Meeting Minutes of March 17, 2025 Page 1 of 7
City of Farmington
Regular Council Meeting Minutes
Monday, March 17, 2025
The City Council met in regular session on Monday, March 17, 2025, at Farmington
City Hall, 430 Third Street, Farmington, Minnesota.
1. CALL TO ORDER
Mayor Hoyt called the meeting to order at 7 pm.
2. PLEDGE OF ALLEGIANCE
Mayor Hoyt led everyone in the Pledge of Allegiance.
3. ROLL CALL
Members Present: Mayor Joshua Hoyt
Councilmembers Holly Bernatz, Jake Cordes, Nick Lien,
and Steve Wilson
Members Absent: None
Staff Present: Lynn Gorski, City Administrator
David Chanski, HR Director/Assistant City Administrator
Amy Schmidt, City Attorney
Deanna Kuennen, Economic & Community Development
Director
Tony Wippler, Planning Manager
Kim Sommerland, Finance Director
Kellee Omlid, Parks & Recreation Director
Jeremy Pire, Parks & Facilities Supervisor
Missie Kohlbeck, Recreation Supervisor
Emilee Shearer, Recreation Supervisor
Gary Rutherford, Police Chief
McKenna Rodine, Water Resources Specialist
Shirley Buecksler, City Clerk
Also Present: Steve Troskey, Lennar – Land Entitlement Manager
4. APPROVE AGENDA
Administrator Gorski requested that a Public Works Building Lease Agreement
with the City of Empire be added to the Consent Agenda as Item 7.15.
Page 12 of 195
Regular City Council Meeting Minutes of March 17, 2025 Page 2 of 7
Motion was made by Councilmember Wilson and seconded by
Councilmember Lien to approve the agenda with the addition of Item 7.15.
Motion carried: 5 ayes / 0 nays
5. ANNOUNCEMENTS / COMMENDATIONS
5.1 Parks and Recreation Department’s 2024 Annual Report
Director Omlid, Parks & Facilities Supervisor Pire, Recreation Supervisor
Shearer, and Recreation Supervisor Kohlbeck presented the Parks and
Recreation Department’s 2024 annual report for Council.
5.2 Municipal Separate Storm Sewer System (MS4) Annual Review
Water Resources Specialist Rodine presented the MS4 annual review for
Council.
6. CITIZENS COMMENTS / RESPONSES TO COMMENTS
The following citizen(s) addressed the Council:
• Nancy Aarestad, 22165 Beaumont Ave, Castle Rock Township
• Citizen (did not provide name and address)
• Citizen (did not provide name and address)
• Jeff Schottler, 22420 Calico Ct, Farmington
• Mark Pearson, 2475 225th St W, Castle Rock Township
• Terrie Pearson, 2475 225th St W, Castle Rock Township
7. CONSENT AGENDA
7.1 Minutes of the March 3, 2025 Joint City Council and Parks & Recreation
Commission Work Session
7.2 Minutes of the March 3, 2025 Regular City Council Meeting
7.3 Temporary On-Sale Liquor License for Corinthian Lodge, April 26, 2025
7.4 Dakota County Community Development Agency – City of Farmington
Local Affordable Housing Aid Agreement
7.5 2024 Investment Portfolio Overview
7.6 Payment of Claims
7.7 Apple Valley / Farmington / Rosemount Cable Commission PEG Payment
Agreement
7.8 Staff Approvals and Recommendations, including the appointment of:
• Torri Wolf as Senior Administrative Support Technician within the Public
Works Department
7.9 Joint Powers Agreement for the 4th and Willow TSS Reduction Project
Between the Vermillion River Watershed Joint Powers Organization, the
City of Farmington, and Dakota County
Page 13 of 195
Regular City Council Meeting Minutes of March 17, 2025 Page 3 of 7
7.10 Plans and Specifications and Authorize the Advertisement for Bids for the
2025 Street Improvement Project
7.11 Professional Services Agreement with Alliant Engineering, Inc. for the
Dushane Parkway / Spruce Street Intersection Construction Services
7.12 Professional Services Agreement with Emmons & Olivier Resources, Inc. for
the Devonshire Pont Maintenance Feasibility Study
7.13 Professional Services Agreement with TKDA, Inc. for the Natural Resources
Inventory Update
7.14 Receive Bids and Award a Contract for the Dushane Parkway / Spruce
Street Improvements
7.15 Lease Agreement with City of Empire for Use of Public Works Building
Motion was made by Councilmember Wilson and seconded by
Councilmember Bernatz to approve the Consent Agenda, as presented.
Motion carried: 5 ayes / 0 nays
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
10.1 Vermillion Commons 5th Addition Final Plat
Planning Manager Wippler presented an application for final plat
submitted by U.S. Home, LLC (Lennar) for Vermillion Commons 5th Addition.
The 5th Addition is located to the southeast of the Vermillion Commons 4th
Addition and is just to the west of the intersection of Denmark Avenue and
220th Street W. The final plat consists of 66 townhome lots on 7.25 acres.
Steve Troskey of Lennar was available for questions and invited everyone
to tour the model single family home when it’s finished.
Motion was made by Councilmember Cordes and seconded by
Councilmember Bernatz to adopt Resolution 2025-021 Approving Final Plat
for Vermillion Commons 5th Addition, contingent upon the following:
1) The satisfaction of all engineering comments related to the
construction plans for grading utilities.
2) 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.
Motion carried: 5 ayes / 0 nays
Page 14 of 195
Regular City Council Meeting Minutes of March 17, 2025 Page 4 of 7
11. UNFINISHED BUSINESS
12. NEW BUSINESS
12.1 Resolution Authorizing to Request Funding from the Environmental and
Natural Resources Trust Fund
The Legislative-Citizen Commission on Minnesota Resources (LCCMR)
announced funding opportunities for projects of all sizes that address
several priorities including Education and Outdoor Recreation and that
aim to protect, conserve, preserve, and enhance Minnesota’s air, water,
land, fish, wildlife, and other natural resources. Director Omlid stated that,
during the Rambling River Park master planning process, public and
stakeholder engagement showed a strong desire for trails and more
facilities to support popular events. Trail improvements were ranked as the
highest priority. In addition, responses included trail loops, better trail
conditions, wayfinding, care for trails, landscaping, and seating adjacent
to trails. Improved restrooms were ranked as the second highest priority
and new restrooms were ranked as the fourth highest priority. Additional
restrooms were identified as a specific need to support popular events at
the park. One of the requirements for a proposal to be considered is the
submission of an adopted resolution demonstrating the local
government’s authorization of submission of the proposal.
Motion was made by Councilmember Bernatz and seconded by
Councilmember Wilson to adopt Resolution 2025-18 Authorizing Approval
for the City of Farmington to Request Funding from the Environmental and
Natural Resources Fund.
Motion carried: 5 ayes / 0 nays
13. CITY COUNCIL ROUNDTABLE
City Attorney Schmidt:
The Office of Cannabis Management is currently accepting their business
applications, but they haven’t issued any licenses, yet, because the rule-
making process is not complete. They expect to send a draft of the rules to
the Office of Administrative Hearings in the coming weeks. If the timeline
holds by the end of April, they could start issuing license and all the work that
the City has done to get ready will have to move into position.
A fun fact for St. Patrick’s Day: in 2022, 12.1% of Dakota County residents
reporting their Irish ancestry. That is .1% more than Washington County. The
U.S. average was 9.5%, so Dakota County is well represented on St. Patrick’s
Day.
Page 15 of 195
Regular City Council Meeting Minutes of March 17, 2025 Page 5 of 7
Councilmember Lien:
At the last meeting, I gave an example of life lessons that I’ve learned and
shouldn’t repeat, so I’ll give another example. If you notice that I have a
giant bandage on my face and don’t want to be a 40-year-old that a
dermatologist wags his finger at, please wear sunscreen.
Councilmember Bernatz:
The Currents is out and, if you’re like my family, you open this up and you
start identifying all the things you want to do all summer long and jotting
them down in your calendars. There is a lot going on in here. There are ways
that you can support ways, that you can impact ways, and ways that you
can have a little bit of fun in Farmington. When we talk about putting
Farmington first, we don’t mean just business, we also mean recreational.
There is so much going on and so many opportunities to engage.
And since it’s St. Patty’s Day, Ireland is home to the oldest known bar in the
world. Sean’s Bar located in Athlone has been serving pints since 900 A.D.
That’s over 1,100 years of continuous operation. Archaeologists even found
ancient coins and wattle and daub walls during renovations, confirming its
history. The hope is that in 1,100 years from now, someone will be sitting here
and saying something magnificent about a business that’s in Farmington
and how crazy it is that it’s been in continuous operation for 1,100 years.
Mayor – and it will likely be the Steakhouse.
Councilmember Cordes:
I want to congratulate a bunch of happy looking children and our own
Kellee Omlid and Steve Wilson for their debut as cover models of the
Farmington Currents.
I was ambitious this morning and wanted to say Happy St. Patrick’s Day in
Irish, but I realized that isn’t going to happen, so in English, Happy St. Patrick’s
Day.
Councilmember Wilson:
I also want to comment about The Currents. I had my wife call me and say
I didn’t realize you had seven kids. And I really don’t, we have three
together, Josh, Ben, and Elizabeth. In all seriousness, the Police Department
did a really good job of promoting this last year and it was pointed out that
the weather wasn’t as ideal. I don’t remember a 10-mile bike ride, Kellee, I
remember it ended up being about two blocks because it was raining. But
what I would honestly encourage everybody that is watching (and we
already know that the Arbitron rating for the Farmington Council meetings
is really, really high) that when you get this, look through it, put an event or
two that you want to partake in for yourself, with your family, with your kids,
Page 16 of 195
Regular City Council Meeting Minutes of March 17, 2025 Page 6 of 7
or maybe with your parents at the senior center. There is just so many good
things in here, and I also like the fact that Caryn did something really nice
here, too, which she always does. She highlights our new employees, so we
get to meet the new employees. This is a really good, packed edition of The
Currents, so thank you to Caryn and everybody who helped put that
together.
Director Chanski:
Tonight, you approved the appointment of Torri Wolf to the Senior
Administrative Support Technician in the Public Works Department. While we
are very excited to see Torri take on some new challenges in Public Works, it
does open up a key vacancy at the front desk. That position really is truly a
central service that is both physically located smack dab in the middle of
the City Hall, as one of the first faces visitors to City Hall see. But also,
operationally – as it supports Administration, Human Resources, Finance,
Parks & Recreation, Liquor Operations, and serves as a back-up to
Community and Economic Development. Kim, Kellee, and I did take some
time to review the job description and ensure it still best serves the needs of
the City, especially with Torri’s new position in Public Works. This position
should be posted tomorrow and, should all go well, we are excited to
hopefully have a new team member join us mid- to late May.
Other than that, I continue my dive down the rabbit hole and, needless to
say, there is no twiddling of the thumbs occurring in my office.
Director Kuennen:
At our EDA meeting today, we had the leadership from Dakota County
Technical College (DCTC) and Inver Hills Community College (IHCC) come
in and talk with the EDA about the partnership and collaboration that
currently exists between the City and the colleges. But then we also had an
opportunity to have a robust discussion about ways that we can enhance
their offerings and the relationship that we have to continue to better the
community. I’m really thankful for the participation that you all had with that
conversation, and I’m also very excited to see where that partnership and
collaboration can go. We will also be bringing in additional partners to the
EDA meetings, just so we can continue to have these kinds of conversations.
So, thank you for that.
Director Omlid:
With the delivering of the summer Currents as mentioned earlier, program
registration is now up and going. As of this morning, we already had seven
signed up for the Helmet Heroes Day. That is a free event but we do ask for
registration just so we know how many and who’s going to be there.
Page 17 of 195
Regular City Council Meeting Minutes of March 17, 2025 Page 7 of 7
The Open Door Food Pantry pop-up is tomorrow from 3 – 4:30 pm at Faith
United Methodist Church on 7th Street.
14. ADJOURNMENT
Motion was made by Councilmember Cordes and seconded by
Councilmember Wilson to adjourn the meeting at 8:47 pm.
Motion carried: 5 ayes / 0 nays
Respectfully submitted,
Shirley R Buecksler
City Clerk
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Lynn Gorski, City Administrator
Department: Administration
Subject: Pilot Knob Liquor Store Lease Renewal
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
The City of Farmington’s lease amendment for the Pilot Knob Liquor Store space is set to expire on
December 1, 2025. Jon Einess, the owner of the leased space, has offered a renewal amendment
to the City, extending the lease from December 1, 2025 through December 1, 2030.
DISCUSSION:
The Farmington Liquors Pilot Knob location has been in operation for over 20 years, experiencing
significant growth throughout this time. Over the years, the store has undergone changes in square
footage but, thanks to a strong and positive relationship with the landlord, the base rent has
remained consistently low. Notably, during the global recession in 2011, the landlord reduced the
rent to $16 per square foot and has never raised it since. Even with the proposed annual increases
in the lease amendment, the cost per square foot will remain well below the rent adjusted for CPI,
which would be $26.51 per square foot.
Base Rent
The Base Rent for the lease period from December 1, 2025 to December 1, 2030 is outlined as
follows:
December 1, 2025 – December 1, 2026: $7,137/month ($18/sf/year)
December 1, 2026 – December 1, 2027: $7,335.25/month ($18.50/sf/year)
December 1, 2027 – December 1, 2028: $7,533.50/month ($19.00/sf/year)
December 1, 2028 – December 1, 2029: $7,731.75/month ($19.50/sf/year)
December 1, 2029 – December 1, 2030: $7,930/month ($20/sf/year)
The City of Farmington greatly values its longstanding relationship with Mr. Einess and looks
forward to extending the lease, ensuring Farmington Liquors continues to serve the community at
its Pilot Knob location.
BUDGET IMPACT:
The increase will be included in the expenses within the liquor operations budget.
ACTION REQUESTED:
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Approve the renewal amendment for the Farmington Liquors Pilot Knob location from December 1,
2025 through December 1, 2030.
ATTACHMENTS:
Amend. No. 6 to Shopping Center Lease Agreement 011625
Page 20 of 195
AMENDMENT NUMBER SIX TO SHOPPING CENTER LEASE AGREEMENT
THIS AMENDMENT NUMBER SIX TO SHOPPING CENTER LEASE AGREEMENT
(“Amendment Six”) is made and entered into on April____, 2025, by and between Schwiness, LLC
(hereinafter referred to as “Landlord”) a Minnesota limited liability company, and the City of
Farmington (“Tenant”). This Amendment amends the Shopping Center Lease Agreement between the
parties as previously amendment by Amendment Number One, Amendment Number Two, Amendment
Number Three, Amendment Number Four and Amendment Number Five. Unless otherwise stated, all
capitalized terms have the same meaning as in the Lease Agreement.
1.Extension of Lease Term. The Term of the Lease Agreement is extended until December 1,
2030.
2.Base Rent. The Base Rent during the period from December 1, 2025, until December 1,
2030, shall be as follows:
December 1, 2025, until December 1, 2026: $7,137/month ($18/sf/year)
December 1, 2026, until December 1, 2027: $7,335.25/month ($18.50/sf/year)
December 1, 2027, until December 1, 2028: $7,533.50/month ($19.00/sf/year)
December 1, 2028, until December 1, 2029: $7,731.75/month ($19.50/sf/year)
December 1, 2029, until December 1, 2030: $7,930/month ($20/sf/year)
ACCEPTED AND AGREED TO:
City of Farmington Schwiness LLC
By:______________________________ By:____________________________
Jon Einess
Title:__Mayor_____________________ Title: Chief Manager
Joshua Hoyt
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Tony Wippler, Planning Manager
Department: Community Development
Subject: Declaration and Conservation Easement - MNLCO Farmington, LLC
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
Attached for Council's consideration and acceptance is a Declaration and Conservation Easement
that is being granted to the City by MNLCO Farmington, LLC.
DISCUSSION:
The approved Farmington Technology Park final plat provides for the recording of a conservation
easement through the southern portion of the ISD 192 property (formerly known as the Angus
property) and the northeast corner of the Fountain Valley Golf Course property (please see
attached plat showing the easement areas). The conservation easement is a permanent easement
that covers the south branch of the Vermillion River, along with the associated 100-year floodplain
within the School District property and wetland on the Fountain Valley Golf Course property.
The City Attorney has reviewed the attached easement document and finds it acceptable.
ACTION REQUESTED:
Approve and accept the Declaration and Conservation Easement, as presented.
ATTACHMENTS:
Combined easement
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GRANTEE:
CITY OF FARMINGTON
By:
By:
Joshua Hoyt
Its: Mayor
Shirley R Buecksler
Its: City Clerk
ST A TE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of ______ ,
2025, by Joshua Hoyt, Mayor of the City of Farmington, a Minnesota municipal corporation,
on behalf of the corporation and pursuant to the authority granted by its City Council.
THIS INSTRUMENT WAS DRAFTED BY:
Larkin Hoffinan Daly & Lindgren, Ltd.
8300 Norman Center Drive, Suite 1000
Minneapolis, Minnesota 55437
(952) 835-3800
Notary Public
4.
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of ______ ,
2025, by Shirley R Buecksler, City Clerk of the City of Farmington, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
_______________
Notary Public
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EXHIBIT B
Description of Easement
(INSERT DESCRIPTION PRIOR TO RECORDING)
7.
Page 29 of 195
4906-5414-5073, V. 1
8.
Page 30 of 195
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Tony Wippler, Planning Manager
Department: Community Development
Subject: Development Contract - Vermillion Commons 5th Addition
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
The City Council approved the final plat for Vermillion Commons 5th Addition on March 17, 2025. A
condition of approval was that a Development Contract between the Developer and City of
Farmington must be executed, and security fees and costs must be paid.
DISCUSSION:
Attached for Council's consideration and approval is the Development Contract for Vermillion
Commons 5th Addition. The attached contract is a standard Development Contract that spells out
the requirements for development of the land, including timelines to complete platting process,
defining development charges and fees, addressing construction of the public infrastructure
required to serve the development together with the associated sureties.
The Developer has reviewed the attached contract and finds it acceptable.
BUDGET IMPACT:
Below are the fees that will be collected as part of the Development Contract:
Surface Water Quality Management Fee: $870
Surface Water Management Fee: $153,475
Watermain Trunk Area Charge: $36,178
Sanitary Sewer Trunk Area Charge: $19,394
Park Dedication (cash in lieu): $8,484
Sealcoating: $8,533
ACTION REQUESTED:
Adopt the attached Development Contract and authorize its execution.
ATTACHMENTS:
VC 5th DC signed
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7th
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OlY:
CllY OF FARMINGTON
SIGNATURE PAGE
FOR THE CITY
By:----------------
Joshua Hoyt, Mayor
By: _______________ _
Shirley R B ueck sler, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this __ day of ______ _, 20 __ by Joshua Hoyt,
Mayor of the Oty of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by the City Council.
Notary Public
Page 11 of 13
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of _____________, 20___ by Shirley R
Buecksler, City Clerk of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by the City Council.
______________________________________
Notary Public
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Page 50 of 195
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Tony Wippler, Planning Manager
Department: Community Development
Subject: Resolution Granting a Time Extension for Recording of Final Plat - Farmington
Technology Park
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
Jacob Steen, of the law firm Larkin Hoffman, has submitted a request on behalf of MNLCO
Farmington, LLC and MNLCO Farmington Two, LLC for an extension to the timeframe for recording
the Farmington Technology Park final plat with Dakota County.
DISCUSSION:
The Farmington Technology Park final plat was approved by the City Council on November 18,
2024. Section 11-2-3(E) of the City Code requires that, upon approval of the final plat by the City
Council, said final plat shall be recorded with the Dakota County Recorder within 6 months of the
approval or the approval is considered void, unless a time extension is requested and submitted in
writing and approved by the City Council. Therefore, the Farmington Technology Park final plat
needs to be recorded by May 18, 2025 to meet this requirement.
The submitted request dated March 28, 2025 (see attached letter) is for the City Council to grant an
extension for the recording of the final plat to May 18, 2026. As stated in the attached letter, the
extension request is due to the fact that the City approvals for the rezoning and PUD are subject to
approval of a Comprehensive Plan Amendment by the Metropolitan Council, which the Metropolitan
Council's review has resulted in delays to the project timeline. Additionally, there are anticipated
delays in closing on the properties due to ongoing litigation.
ACTION REQUESTED:
Adopt Resolution 2025-023 Allowing an Extension for the Recording of the Final Plat Farmington
Technology Park (May 18, 2026).
ATTACHMENTS:
Tract Capital Management LP - LT to T. Wippler Planning Manager Farmington re Tract
2025-023 Final Plat Recording Extension Farmington Tech Park
Page 51 of 195
March 28, 2025
City of Farmington
Attn: Tony Wippler
Planning Manager
430 Third Street
Farmington, MN 55024
Via Email
TWippler@FarmingtonMN.gov
Re: MNLCO Farmington, LLC and MNLCO Farmington Two, LLC – Final Plat Extension
Dear Mr. Wippler:
I represent MNLCO Farmington, LLC and MNLCO Farmington Two, LLC (“Tract”) regarding the
Final Plat of Farmington Technology Park (“Plat”) approved by the City of Farmington (“City”) on
November 18, 2024. Please accept this letter as formal request for an extension of the Plat
recording deadline.
The Plat is one of multiple land use approvals for the Tract project (“Project”), including a
Comprehensive Plan amendment, rezoning, and planned unit development (PUD). The
rezoning, and PUD are subject to the approval of the Comprehensive Plan amendment by the
Metropolitan Council. The Metropolitan Council’s review has resulted in delays to the Project
timeline. Tract also anticipates delays in closing due to certain lawsuits related to the City
approval of the Project. In order to accommodate these delays and in accordance with the
Farmington Code of Ordinances, section 11-2-3(E), Tract is requesting an additional one (1)
year extension of the current plat recording deadline from May 18, 2025 to May 18, 2026.
Please contact me with any questions about this request.
Sincerely,
Jacob W. Steen, for
Larkin Hoffman
Direct Dial: 952-896-3239
Direct Fax: 952-842-1738
Email: jsteen@larkinhoffman.com
cc: Client
4924-7775-6975, v. 1
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2025-023
ALLOWING AN EXTENSION FOR
THE RECORDING OF THE FINAL PLAT
FARMINGTON TECHNOLOGY PARK
WHEREAS, pursuant to Resolution No. 2024-109, the City Council approved the Final
Plat of Farmington Technology Park subject to the following condition:
1. A Development Contract between the Developer and City of Farmington shall be executed
and security and fees paid. Submission of all other documents required under the
Development Contract shall be required.
; and
WHEREAS, the Developer of Farmington Technology Park has requested the City
Council approve an extension for filing a final plat at Dakota County.
NOW, THEREFORE, BE IT RESOLVED, that after due consideration, the requested
extension for filing of the final plat for the aforementioned subdivision to May 18, 2026 is hereby
approved.
Adopted by the City Council of the City of Farmington, Minnesota, this 7th day of April 2025.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 53 of 195
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kim Sommerland, Finance Director
Department: Finance
Subject: Agreement with BS&A Software for Financial Software and Services
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
This memo seeks approval from the City Council to discontinue LOGIS's services related to
financial management, payroll, and utility billing software and support, and to independently select a
new software system that better aligns with the City’s needs. The existing system, shared with the
LOGIS consortium, is outdated, inefficient, and poorly integrated, creating significant operational
challenges. Transitioning to an independent Enterprise Resource Planning (ERP) system will
provide substantial improvements in functionality, user experience, and cost savings.
DISCUSSION:
Currently, the City uses ERP software systems managed by the LOGIS consortium for financial
management, payroll, utility billing, and several other applications. The financial management,
payroll, and utility billing applications are 20+ years old and in need of a major version update. In
2021, LOGIS and its members issued a Request for Proposals (RFP) and, in 2022, selected Oracle
Fusion (for financial management and payroll) and SpryPoint (for utility billing) as replacements for
the pilot two with phase Oracle implementation during However, software. outdated the
organizations, it became evident that the Oracle-assigned implementation team was unprepared
and unable to meet agreed-upon timelines, leading to the project being terminated in September
2024. While the conversion to SpryPoint continues for the rest of the consortium, the City has not
yet begun this transition.
The City’s current ERP system, part of the shared consortium platform, presents several significant
drawbacks:
Outdated Technology: The system is built on legacy software that is no longer effective or
compatible with modern needs and tools.
Lack of Intuition: The system is difficult for Staff to navigate, requiring extensive training
and causing delays in day-to-day operations.
Poor Integration: The ERP does not integrate well with other systems, resulting in manual
data entry, higher error rates, and inefficiencies.
Given these challenges and the potential for annual cost savings, Staff believes that transitioning to
an independent ERP system is in the best interest of the City.
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Staff surveyed other Minnesota Cities the same size of Farmington up to populations of 50,000 to
identify the financial software systems commonly used. The systems most reported were BS&A
Software, Civic Systems, Springbrook, and Tyler Technologies. After inviting three vendors for
software demonstrations, two provided quotes. While the other quote was lower than BS&A
Software's, Staff concluded that BS&A Software offers superior long-term value.
BS&A Software has successfully converted former LOGIS members, which ensures familiarity with
the needs of Cities transitioning from the consortium's system. Additionally, the City has current
Staff who have used BS&A Software systems in previous roles and have recommended it based on
their positive experiences. This prior knowledge will be an asset in the transition and
implementation process. Despite not being the lowest bidder, after considering these factors and
conducting reference checks, Staff is recommending BS&A Software as the best choice for the
City’s new ERP system.
BS&A Software is based in Bath, Michigan, and exclusively serves the public sector with all 2,000+
customers in either local, county or other government entities, with a growing number of customers
from Minnesota. Many former LOGIS members are now BS&A Software customers.
The new system will:
Enhance User Experience: The new ERP will be intuitive, improving productivity and
reducing training time.
Improve Integration: The selected system will integrate more effectively with other software
we use, automating processes and improving data accuracy.
Generate Cost Savings: A modern ERP will reduce long-term maintenance costs, increase
operational efficiency, and provide better analytics for decision-making.
The decision to transition away from LOGIS for financial management, payroll, and utility billing
software and services is based on the realization that the shared system no longer meets our
needs. While it may have served the City well in the past, it now restricts our potential for growth
and operational efficiency.
The new ERP system will reduce manual processes, eliminate inefficiencies, and enhance data
management. financial long-term the considerable, initial investment and the Although is
operational benefits will justify the cost. Within three years, this transition should lead to net savings
and more effective use of taxpayer funds, ultimately resulting in annual savings of more than
$100,000.
The terms of the agreement have been reviewed and approved by the City’s attorney.
BUDGET IMPACT:
The estimated cost to convert to BS&A Software's solution for the Financial Management,
Personnel Management, and Utility Billing modules, including implementation and training, is
$190,780. (While the quote includes pricing for the Community Development module, those costs
are not included in this estimate as the Community Development Department is planning to pursue
a different software solution. Additionally, the City is not committed to paying for any modules that
we do not implement.) The annual software license cost for the selected modules will be $62,685.
For comparison, the City paid nearly $169,000 to LOGIS in 2024 for comparable annual software
services.
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The cost of converting financial systems was not included in the 2025 budget. However, in 2024,
$263,120 was transferred from the Closed Bonds Fund to the IT Fund in preparation for the LOGIS
transition to Oracle. This amount is sufficient to cover the conversion costs to BS&A Software.
ACTION REQUESTED:
The City Council is requested to approve the agreement with BS&A Software and to approve an
amendment to the 2025 budget using reserves from the IT Fund to cover the identified expenses.
ATTACHMENTS:
BS&A Agreement 4.1.25
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Page 1 of 15
BS&A
CUSTOMER ORDER FORM
This Customer Order Form (this “Order”) is entered into as of the “Effective Date” identified below between BS&A
Software, LLC, a Delaware limited liability company with offices located at 14965 Abbey Lane, Bath, MI 48808 (“BS&A”)
and the “Customer” identified below. Capitalized terms used but not defined in this Order have the meanings given them
elsewhere in the Agreement (as defined below). BS&A and Customer may be referred to herein collectively as the “Parties”
or individually as a “Party”. The Parties hereby agree as follows:
Customer Name: City of Farmington, Dakota County MN Sponsor Contact:
Billing Address:
Sponsor Phone:
Accounts Payable Email:
Sponsor Email:
Platform and Fee Information
Effective Date:
Platform Description: Those modules and feature packs of BS&A’s proprietary hosted enterprise resource planning
service for managing local government functions that are identified in the Pricing Sheet.
“Usage Limitations”:
☐ Number of Authorized Users: [INSERT # OF SEATS]
☐ Other: [INSERT OTHER USAGE LIMITATIONS, IF ANY]
“Initial Subscription Period”: [One (1) year]
Subscription Fees:
$79,710, payable [annually].
Professional Services (if any): $225,110 Service Fees (if any):
Other Customer Terms:
The Customer Agreement (the “Agreement”), made and entered into as of the Effective Date between BS&A and
Customer, includes and incorporates: (i) the above Order; (ii) any Orders previously or subsequently entered into by the
Parties; and (iii) the Customer Terms and Conditions, which are attached to this Order as Exhibit A (the “Terms and
Conditions”); and (iv) the Pricing Sheet attached to this Order as Exhibit B (the “Pricing Sheet”).
BS&A acknowledges and agrees that Customer, in its sole discretion, may choose not to purchase certain Cloud Module(s)
and associated services as listed in the Pricing Sheet. If Customer chooses not to purchase all Cloud Modules and
associated services, the Subscription Fees and the Professional Services amounts listed above shall be reduced in the
amounts listed for such Subscription Fees and the Professional Services on the Pricing Sheet. Professional Services shall
only be reduced to the extent such services have not already been performed by BS&A. In the event such Cloud Module(s)
and associated services are still provided by BS&A, Module(s) and associated services may be added by Customer at any
time during any Renewal Subscription Period, as defined herein. If Customer chooses to add Cloud Module(s) and
associated services, the cost for the added Module(s) and associated services shall be the amount listed in the Pricing
Sheet plus any increase in Fees as set forth in Section 7 of the Terms and Conditions.
[The rest of this page is left blank intentionally; signature page follows]
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Page 2 of 15
BS&A SOFTWARE, LLC CITY OF FARMINGTON, DAKOTA COUNTY MN
Name:
Title:
Name:
Title:
Name:
Title:
Joshua Hoyt
Mayor
Shirley R Buecksler
City Clerk
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Page 3 of 15
EXHIBIT A
CUSTOMER TERMS AND CONDITIONS
The Parties agree as follows:
1. Definitions.
1.1 “Authorized User“ means Customer’s employees, consultants, contractors, and agents: (i) who are
authorized by Customer to access and use the Platform under this Agreement; and (ii) for whom access to the Platform
has been purchased hereunder.
1.2 “BS&A IP” means the Platform and any and all intellectual property provided to Customer or any
Authorized User in connection with the foregoing. For the avoidance of doubt, BS&A IP includes Usage Data and any
information, data, or other content derived from BS&A’s provision of the Platform but does not include Customer Data.
1.3 “Business Contact Data” means Personal Information that relates to BS&A’s relationship with
Customer, including, by way of example and without limitation, the names and contact information of Authorized Users
and any other data BS&A collects for the purpose of managing its relationship with Customer, identity verification, or as
otherwise required by applicable laws, rules, or regulations.
1.4 “Customer Data” means information, data, and other content, in any form or medium, that is
submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Platform,
including Business Contact Data; provided that, for purposes of clarity, Customer Data as defined herein does not include
Business Contact Data or Usage Data.
1.5 “Documentation” means Company’s end user documentation relating to the Platform, including any
user guides.
1.6 “Harmful Code” means any software, hardware, or other technology, device, or means, including any
virus, worm, malware, or other malicious computer code, the purpose or effect of which is to permit unauthorized access
to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software,
firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the security, integrity,
confidentiality, or use of any data processed thereby.
1.7 “Order” means: (i) a purchase order, order form, or other ordering document entered into by the Parties
that incorporates this Agreement by reference; or (ii) if Customer registered for the Platform through BS&A’s online
ordering process, the results of such online ordering process.
1.8 “Personal Information” means any information that, individually or in combination, does or can identify
a specific individual or by or from which a specific individual may be identified, contacted, or located, including without
limitation all data considered “personal data”, “personally identifiable information”, or something similar under applicable
laws, rules, or regulations relating to data privacy.
1.9 “Platform” ’has the meaning set forth on the Order.
1.10 “Professional Services” means training, migration, implementation, integration, or other professional
services that are included in Exhibit B and provided to Customer in connection with its use of the Platform hereunder.
1.11 “Subscription Period” means the time period identified on the Order during which Customer’s
Authorized Users may access and use the Platform.
1.12 “Third-Party Products” means any third-party products provided with, integrated with, or incorporated
into the Platform.
1.13 “Usage Data” means usage data collected and processed by BS&A in connection with Customer’s use
of the Platform, including without limitation test configuration metadata, activity logs, and data used to optimize and
maintain performance of the Platform, and to investigate and prevent system abuse. For purposes of clarity, Customer
Data is not Usage Data and Usage Data does not contain Personal Information or any other Customer Data.
1.14 “Usage Limitations” means the usage limitations set forth in this Agreement and the Order, including
without limitation any limitations on the number of Authorized Users (if any), and the applicable product, pricing, and
support tiers agreed-upon by the Parties.
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Page 4 of 15
2. Access and Use.
2.1 Provision of Access. Subject to and conditioned on Customer’s compliance with the terms and
conditions of this Agreement, including without limitation the Usage Limitations, Customer may, solely through its
Authorized Users, access and use the Platform during the Subscription Period on a non-exclusive, non-transferable (except
in compliance with Section 15.9), and non-sublicensable basis. Such use is limited to Customer’s internal business purposes
and the features and functionalities specified in the Order. Each Authorized User must have its own unique account on the
Platform and Authorized Users may not share their account credentials with one another or any third party. Customer will
be responsible for all of the acts and omissions of its Authorized Users in connection with this Agreement and for all use
of Authorized Users’ accounts.
2.2 Documentation License. Subject to and conditioned on Customer’s compliance with the terms and
conditions of this Agreement, Company hereby grants to Customer a non-exclusive, non-transferable (except in
compliance with Section 15.9), and non-sublicensable license to use the Documentation during the Subscription Period
solely for Customer’s internal business purposes in connection with its use of the Platform.
2.3 Use Restrictions. Customer shall not use the Platform for any purposes beyond the scope of the access
granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users
to: (i) copy, modify, or create derivative works of any BS&A IP, whether in whole or in part; (ii) rent, lease, lend, sell, license,
sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform or Documentation to any third
party; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any
software component of the Platform, in whole or in part; (iv) remove any proprietary notices from any BS&A IP; (v) use
any BS&A IP in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual
property right or other right of any person, or that violates any applicable law; (vi) access or use any BS&A IP for purposes
of competitive analysis of BS&A or the Platform, the development, provision, or use of a competing software service or
product, or any other purpose that is to BS&A’s detriment or commercial disadvantage; (vii) bypass or breach any security
device or protection used by the Platform or access or use the Platform other than by an Authorized User through the use
of valid access credentials; (viii) input, upload, transmit, or otherwise provide to or through the Platform any information
or materials, including Customer Data, that are unlawful or injurious or that infringe or otherwise violate any third party’s
intellectual property or other rights, or that contain, transmit, or activate any Harmful Code; or (ix) use any BS&A IP for
any activity where use or failure of the BS&A IP could lead to death, personal injury, or environmental damage, including
life support systems, emergency services, nuclear facilities, autonomous vehicles, or air traffic control.
2.4 Reservation of Rights. BS&A reserves all rights not expressly granted to Customer in this Agreement.
Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by
implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right,
title, or interest in or to the BS&A IP.
2.5 Suspension. Notwithstanding anything to the contrary in this Agreement, BS&A may temporarily
suspend Customer’s and any Authorized User’s access to any portion or all of the Platform if: (i) BS&A reasonably
determines that (a) there is a threat or attack on any of the BS&A IP; (b) Customer’s or any Authorized User’s use of the
BS&A IP disrupts or poses a security risk to the BS&A IP or to any other customer or vendor of BS&A; (c) Customer, or any
Authorized User, is using the BS&A IP for fraudulent or illegal activities; (d) subject to applicable law, Customer has ceased
to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its
assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; (e) BS&A’s
provision of the Platform to Customer or any Authorized User is prohibited by applicable law; or (f) any Customer Data
submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Platform may
infringe or otherwise violate any third party’s intellectual property or other rights; (ii) any vendor of BS&A has suspended
or terminated BS&A’s access to or use of any Third-Party Products required to enable Customer to access the Platform; or
(iii) in accordance with Section 7.1 (any such suspension described in subclauses (i), (ii), or (iii), a “Service Suspension”).
BS&A shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to
provide updates regarding resumption of access to the Platform following any Service Suspension. BS&A shall use
commercially reasonable efforts to resume providing access to the Platform as soon as reasonably possible after the event
giving rise to the Service Suspension is cured. BS&A will have no liability for any damage, liabilities, losses (including any
loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of a Service
Suspension.
2.6 Business Contact Data and Usage Data. Notwithstanding anything to the contrary in this Agreement,
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BS&A may process Business Contact Data: (i) to manage BS&A’s relationship with Customer; (ii) to carry out BS&A’s core
business operations, such as, by way of example and without limitation, accounting, audits, tax preparation and for filing
and compliance purposes; (iii) to monitor, investigate, prevent and detect fraud, security incidents and other misuse of
the Platform, and to prevent harm to BS&A, Customer, and BS&A’s other customers; (iv) for identity verification purposes;
and (v) to comply with applicable laws, rules, and regulations relating to the processing and retention of Personal
Information to which BS&A may be subject. BS&A may process Usage Data for any lawful purpose, including to monitor,
maintain, and optimize the Platform. ’
3. Customer Responsibilities.
3.1 General. Customer is responsible and liable for all uses of the Platform and Documentation resulting
from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this
Agreement. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of
Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken
by Customer will be deemed a breach of this Agreement by Customer. Customer shall use reasonable efforts to make all
Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Platform and
shall cause Authorized Users to comply with such provisions.
3.2 Third-Party Products. BS&A may from time to time make Third-Party Products available to Customer or
BS&A may allow for certain Third-Party Products to be integrated with the Platform to allow for the transmission of
Customer Data from such Third-Party Products into the Platform. For purposes of this Agreement, such Third-Party
Products are subject to their own terms and conditions. BS&A is not responsible for the operation of any Third-Party
Products and makes no representations or warranties of any kind with respect to Third-Party Products or their respective
providers. If Customer does not agree to abide by the applicable terms for any such Third-Party Products, then Customer
should not install or use such Third-Party Products. By authorizing BS&A to transmit Customer Data from Third-Party
Products into the Platform, Customer represents and warrants to BS&A that it has all right, power, and authority to provide
such authorization.
3.3 Customer Control and Responsibility. Customer has and will retain sole responsibility for: (i) all
Customer Data, including its content and use; (ii) all information, instructions, and materials provided by or on behalf of
Customer or any Authorized User in connection with the Platform; (iii) Customer’s information technology infrastructure,
including computers, software, databases, electronic systems (including database management systems), and networks,
whether operated directly by Customer or through the use of third-party platforms or service providers (“Customer
Systems”); (iv) the security and use of Customer’s and its Authorized Users’ access credentials; and (v) all access to and
use of the Platform directly or indirectly by or through the Customer Systems or its or its Authorized Users’ access
credentials, with or without Customer’s knowledge or consent, including all results obtained from, and all conclusions,
decisions, and actions based on, such access or use. For purposes of clarity, Customer Systems do not include BS&A’s
information technology infrastructure, including computers, software, databases, electronic systems (including database
management systems, and networks operated directly by BS&A and its third-party service providers.
4. Support. Subject to and conditioned on Customer’s compliance with the terms and conditions of this Agreement,
including payment of applicable Fees, BS&A will use commercially reasonable efforts to provide Customer with basic
customer support via BS&A’s standard support channels during BS&A’s normal business hours.
5. Professional Services. BS&A will perform Professional Services as described in an Order. Customer will provide
BS&A all reasonable cooperation required for BS&A to perform the Professional Services, including without limitation
timely access to any reasonably required Customer materials, information, or personnel. Subject to any limitations
identified in an Order, Customer will reimburse BS&A’s reasonable travel and lodging expenses incurred in providing
Professional Services. To the extent the Professional Services result in any work product of any kind or character (“Work
Product”), all such Work Product will remain owned solely and exclusively by BS&A and, to the extent any such Work
Product consists of enhancements, improvements, or other modifications to the Platform, such Work Product may be used
by Customer solely in connection with Customer’s authorized use of the Platform under this Agreement.
6. Insurance. During the Subscription Period, BS&A shall procure and maintain appropriate insurance policies with
coverage limits that are commensurate with industry standards and sufficient to protect against potential risks associated
with this Agreement. Such insurance policies and coverage shall include but not limited to cyber liability insurance with
minimum limits of $2,000,000 per occurrence and $2,000,000 annual aggregate, with Customer named as an additional
insured, with the following endorsement: “The City of Farmington, its employees and agents are included as an Additional
Insured under the policy on a Primary/Non-Contributory basis when required by written contract. 30 days’ notice (other
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than non-payment of premium) applies to the Certificate Holder.” The insurance policies shall be obtained from reputable
and financially sound insurance providers, and BS&A shall provide proof of such insurance upon execution of this
Agreement.
7. Fees and Taxes.
7.1 Fees. The Platform may be provided for a fee or other charge. Customer shall pay BS&A the fees (“Fees”)
identified in the Order without offset or deduction at the cadence identified in the Order (e.g., monthly or annually). BS&A
may increase the Fees annually, provided that BS&A will provide Customer at least thirty (30) days’ notice of such increase
prior to the end of the then-current Term. The amount of the Fee increase will be no more than four percent (4%) as
compared to the Fees applicable during then-current Term. Fees paid by Customer are non-refundable. Customer shall
make all payments hereunder in US dollars by ACH or via another reasonable method chosen by BS&A, to such account as
BS&A may specify in writing from time to time, or by another mutually agreed-upon payment method. If Customer pays
via invoice, Customer will pay the invoiced amount within thirty (30) calendar days of the invoice date. If Customer fails to
make any payment when due, and Customer has not notified BS&A in writing within ten (10) days of the payment becoming
due and payable that the payment is subject to a good faith dispute, without limiting BS&A’s other rights and remedies,
and to the fullest extent permissible under applicable law: (i) BS&A may charge interest on the undisputed past due amount
at the rate of 1.5% per month, calculated daily and compounded monthly or, if lower, the highest rate permitted under
applicable law; (ii) Customer shall reimburse BS&A for all reasonable costs incurred by BS&A in collecting any late payments
or interest, including attorneys’ fees, court costs, and collection agency fees; and (iii) if such failure continues for ten (10)
days or more, BS&A may suspend Customer’s and its Authorized Users’ access to all or any part of the Platform until such
amounts are paid in full.
7.2 Taxes. All Fees and other amounts payable by Customer under this Agreement are exclusive of taxes
and similar assessments. Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties,
and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts
payable by Customer hereunder, other than any taxes imposed on BS&A’s income.
8. Confidential Information.
8.1 Definition. From time to time during the Subscription Period, either Party may disclose or make available
to the other Party information about its business affairs, products, confidential intellectual property, trade secrets, third-
party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or
other form or media that: (i) is marked, designated or otherwise identified as “confidential” or something similar at the
time of disclosure or within a reasonable period of time thereafter; or (ii) would be considered confidential by a reasonable
person given the nature of the information or the circumstances of its disclosure (collectively, “Confidential Information”).
Except for Personal Information, Confidential Information does not include information that, at the time of disclosure is:
(a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving
Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party without use of,
reference to, or reliance upon the disclosing Party’s Confidential Information. BS&A acknowledges that Customer is
required to comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13; its associated
Rules; and other state and federal laws and rules applicable to government data (collectively, the “Act”). BS&A agrees that
Customer’s obligations under the Act and its classifications of government data shall supersede the provisions of this
Section 8 if a circumstance where Customer must reply to a request for government data submitted pursuant to the Act.
8.2 Duty. The receiving Party shall not disclose the disclosing Party’s Confidential Information to any person
or entity, except to the receiving Party’s employees, contractors, and agents who have a need to know the Confidential
Information for the receiving Party to exercise its rights or perform its obligations hereunder (“Representatives”). The
receiving Party will be responsible for all the acts and omissions of its Representatives as they relate to Confidential
Information hereunder. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited
extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to
comply with applicable law, including the Act as set forth in Section 8.1, provided that the Party making the disclosure
pursuant to the order shall first have given written notice to the other Party and allow the other party the opportunity to
obtain a protective order prior to disclosure ; or (ii) to establish a Party’s rights under this Agreement, including to make
required court filings. Further, notwithstanding the foregoing, each Party may disclose the terms and existence of this
Agreement to its actual or potential investors, debtholders, acquirers, or merger partners under customary confidentiality
terms.
8.3 Return of Materials; Effects of Termination/Expiration. On the expiration or termination of the
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Agreement, the receiving Party shall promptly return to the disclosing Party all copies, whether in written, electronic, or
other form or media, of the disclosing Party’s Confidential Information, or destroy all such copies and certify in writing to
the disclosing Party that such Confidential Information has been destroyed. Each Party’s obligations of non-use and non-
disclosure with regard to Confidential Information are effective as of the Effective Date and will expire three (3) years from
the date of termination or expiration of this Agreement; provided, however, with respect to any Confidential Information
that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the
termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret
protection under applicable law. Notwithstanding the foregoing, if any of the Confidential Information in the control of
Customer constitutes an official record of the City of Farmington, such official records shall be retained by Customer as
required by Minnesota Statutes § 15.17 and the Records Retention Schedule of the City of Farmington.
9. Data Security and Processing of Personal Information.
9.1 Customer Data. Customer hereby grants to BS&A a non-exclusive, royalty-free, worldwide license to
reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer
Data as may be necessary for BS&A to provide the Platform and otherwise perform its obligations hereunder. Customer
may export the Customer Data at any time through the features and functionalities made available via the Platform. For
the avoidance of doubt, aggregated, de-identified, and anonymized portions, sets, or other combinations of Customer
Data that do not contain personally identifying elements of Customer’s identity or of any Authorized Users are Usage Data
and not Customer Data.
9.2 Security Measures. BS&A will implement and maintain commercially reasonable administrative,
physical, and technical safeguards designed to protect Customer Data (including Personal Information provided as part of
Business Contact Data) from unauthorized access, use, alteration, or disclosure.
9.3 Processing of Personal Information. BS&A’s rights and obligations with respect to Personal Information
that it collects directly from individuals (if any) are set forth in BS&A’s Privacy Policy (as amended from time to time in
accordance with its terms). Personal Information processed by BS&A on behalf of Customer is considered Customer Data
and is governed by the terms of this Agreement.
10. Intellectual Property Ownership; Feedback.
10.1 BS&A IP. Customer acknowledges that, as between Customer and BS&A, BS&A owns all right, title, and
interest, including all intellectual property rights, in and to the BS&A IP and, with respect to Third-Party Products, the
applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the
Third-Party Products.
10.2 Usage Data. Customer acknowledges that, as between BS&A and Customer, BS&A owns all right, title,
and interest, including all intellectual property rights, in and to the Usage Data.
10.3 Customer Data. BS&A acknowledges that, as between BS&A and Customer, Customer owns all right,
title, and interest, including all intellectual property rights, in and to the Customer Data, including all Business Contact
Data.
10.4 Feedback. If Customer or any of its employees or contractors sends or transmits any communications
or materials to BS&A by mail, email, telephone, or otherwise, suggesting or recommending changes to the BS&A IP,
including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or
the like (“Feedback”), BS&A is free to use such Feedback irrespective of any other obligation or limitation between the
Parties governing such Feedback.
11. Mutual Warranties; Disclaimer of Other Warranties.
11.1 Mutual Warranties. Each party hereby represents and warrants to the other that: (i) it has the full right,
power, and authority to enter into, execute, and perform its obligations under this Agreement without any conflict with
or violation of any other obligations to which it may be subject; and (ii) this Agreement is binding on such party in
accordance with its terms.
11.2 Disclaimer of Other Warranties. THE BS&A IP IS PROVIDED “AS IS” AND BS&A HEREBY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BS&A SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL
WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BS&A MAKES NO WARRANTY OF ANY
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KIND THAT THE BS&A IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER
PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR
WORK WITH ANY SOFTWARE, SYSTEM OR OTHER PLATFORM, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL
CODE, OR ERROR FREE.
12. Indemnification.
12.1 BS&A Indemnification.
(a) BS&A shall indemnify, defend, and hold harmless Customer from and against any and all
losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Customer resulting from any
third-party claim, suit, action, or proceeding (“Third-Party Claim”) brought against Customer alleging that the Platform, or
any use of the Platform in accordance with this Agreement, infringes or misappropriates such third party’s US intellectual
property rights; provided that Customer promptly notifies BS&A in writing of the claim, cooperates with BS&A, and allows
BS&A sole authority to control the defense and settlement of such claim.
(b) If such a claim is made or appears possible, Customer agrees to permit BS&A, at BS&A’s sole
discretion: to (i) modify or replace the Platform, or component or part thereof, to make it non-infringing; or (ii) obtain the
right for Customer to continue use. If BS&A determines that neither alternative is reasonably commercially available, BS&A
may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on
written notice to Customer, and as Customer’s sole and exclusive remedy therefor, BS&A will provide to Customer a
prorated refund of prepaid, unused Fees attributable to the Platform (and not including any one-time Fees for Professional
Services).
(c) This Section 12.1 will not apply to the extent that the alleged infringement arises from: (i) use
of the Platform in combination with data, software, hardware, equipment, or technology not provided by BS&A or
authorized by BS&A in writing; (ii) modifications to the Platform not made by BS&A; (iii) Customer Data; or (iv) Third-Party
Products.
12.2 Customer Data Security. Notwithstanding any other provision in this Agreement, any of the following,
if committed by a Customer or any Authorized User shall be a breach of this Agreement: (i) negligence or willful
misconduct; (ii) use of the Platform in a manner not authorized by this Agreement; or (iii) use of the Platform in
combination with data, software, hardware, equipment or technology not provided by BS&A or Authorized by BS&A in
writing. Any such breach shall result in termination of this Agreement pursuant to Section 14.2 herein.
12.3 Sole Remedy. THIS SECTION 12 SETS FORTH CUSTOMER’S SOLE REMEDIES AND BS&A’S SOLE LIABILITY
AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE PLATFORM INFRINGE,
MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
13. Limitations of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS
AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY,
SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS,
PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS,
INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF
REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER BS&A WAS ADVISED OF THE POSSIBILITY
OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL
’EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR
EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND
OTHERWISE EXCEED THE TOTAL AMOUNTS PAID AND/OR PAYABLE TO BS&A UNDER THIS AGREEMENT IN THE TWELVE
(12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY WILL NOT APPLY WITH
RESPECT TO LIABILITIES ARISING FROM: (A) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 8;
(B) A PARTY’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT; OR (C) A PARTY’S INDEMNIFICATION OBLIGATIONS
UNDER SECTION 12 (PROVIDED THAT BS&A’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH SUCH
INDEMNIFICATION OBLIGATIONS WILL NOT EXCEED THREE TIMES (3X) THE TOTAL AMOUNTS PAID AND/OR PAYABLE TO
BS&A UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM).
14. Subscription Period and Termination.
14.1 Subscription Period. The initial term of this Agreement begins on the Effective Date and, unless
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terminated earlier pursuant to this Agreement’s express provisions, will continue in effect for the period identified in the
Order (the “Initial Subscription Period”). This Agreement will automatically renew for additional successive terms equal
to the length of the Initial Subscription Period unless earlier terminated pursuant to this Agreement’s express provisions
or either Party gives the other Party written notice of non-renewal at least thirty (30) days prior to the expiration of the
then-current term (each a “Renewal Subscription Period” and together with the Initial Subscription Period, the
“Subscription Period”).
14.2 Termination. In addition to any other express termination right set forth in this Agreement:
(a) BS&A may terminate this Agreement, effective on written notice to Customer, if Customer: (i)
fails to pay any amount when due hereunder, and such failure continues more than ten (10) calendar days after BS&A’s
delivery of written notice thereof; or (ii) breaches any of its obligations under Section 2.3 or Section 8;
(b) either Party may terminate this Agreement, effective on written notice to the other Party, if
the other Party materially breaches this Agreement, and such breach: (i) is incapable of cure; or (ii) being capable of cure,
remains uncured thirty (30) calendar days after the non-breaching Party provides the breaching Party with written notice
of such breach; or
(c) either Party may terminate this Agreement, effective immediately upon written notice to the
other Party, if the other Party: (i) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become
due; (ii) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject,
voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (iii) makes or
seeks to make a general assignment for the benefit of its creditors; or (iv) applies for or has appointed a receiver, trustee,
custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material
portion of its property or business.
14.3 Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, Customer
shall immediately discontinue use of the BS&A IP and, subject to the provisions and limitations set forth in Section 8,
Customer shall delete, destroy, or return all copies of the BS&A IP and certify in writing to the BS&A that the BS&A IP has
been deleted or destroyed. No expiration or termination will affect Customer’s obligation to pay all Fees that may have
become due before such expiration or termination or entitle Customer to any refund.
14.4 Survival. This Section 14.4 and Sections 1, 5, 8, 10, 11, 12, 13, 14.3, and 15 survive any termination or
expiration of this Agreement. No other provisions of this Agreement survive the expiration or earlier termination of this
Agreement.
15. Miscellaneous.
15.1 Relationship of the Parties. BS&A performs its obligations hereunder as an independent contractor and
not a partner, joint venture, or agent of Customer and shall not bind nor attempt to bind Customer to any contract without
Customer’s prior written approval on a case-by-case basis. BS&A is responsible for hiring, firing, and supervising its
personnel is solely responsible hereunder for its personnel, including without limitation for: (a) payment of compensation
to such personnel; (b) withholding (if applicable), paying, and reporting, for all personnel assigned to perform services
(including Professional Services) in connection with this Agreement, applicable tax withholding, social security taxes,
employment head taxes, unemployment insurance, and other taxes or charges applicable to such personnel; and (c) health
or disability benefits, retirement benefits, or welfare, pension, or other benefits (if any) to which such personnel may be
entitled. For purposes of clarity, BS&A’s personnel will not be eligible to participate in any of Customer’s employee benefit
plans, fringe benefit programs, group insurance arrangements, or similar programs.
15.2 Entire Agreement. This Agreement, together with any other documents incorporated herein by
reference, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement
and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both
written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in
the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following
order of precedence governs: (i) first, this Agreement; and (ii) second, any other documents incorporated herein by
reference.
15.3 Notices. All notices, requests, consents, claims, demands, waivers, and other communications
hereunder (each, a “Notice”) must be in writing and addressed to the Parties at the addresses set forth on the first page
of this Agreement (or to such other address that may be designated by the Party giving Notice from time to time in
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accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized overnight courier
(with all fees pre-paid), facsimile or email (with confirmation of transmission) or certified or registered mail (in each case,
return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only: (i)
upon receipt by the receiving Party; and (ii) if the Party giving the Notice has complied with the requirements of this
Section.
15.4 Force Majeure. In no event shall either Party be liable to the other Party, or be deemed to have breached
this Agreement, for any failure or delay in performing its obligations under this Agreement (except for any obligations to
make payments), if and to the extent such failure or delay is caused by any circumstances beyond such Party’s reasonable
control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other
civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken
by a governmental or public authority, including imposing an embargo.
15.5 Amendment and Modification. No amendment or modification to this Agreement is effective unless it
is in writing and signed by an authorized representative of each Party.
15.6 Waiver. No failure or delay by either Party in exercising any right or remedy available to it in connection
with this Agreement will constitute a waiver of such right or remedy. No waiver under this Agreement will be effective
unless made in writing and signed by an authorized representative of the Party granting the waiver.
15.7 Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction,
such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or
render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other
provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to
effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions
contemplated hereby be consummated as originally contemplated to the greatest extent possible.
15.8 Governing Law; Submission to Jurisdiction. To the extent permissible under applicable laws, this
Agreement is governed by and construed in accordance with the internal laws of the State of Minnesota without giving
effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any
jurisdiction other than those of the State of Minnesota. To the extent permissible under applicable laws, any legal suit,
action, or proceeding arising out of or related to this Agreement must be instituted in the federal courts of the United
States or the courts of the State of Minnesota in each case located in Dakota County, Minnesota and each Party irrevocably
submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
15.9 Assignment. Neither Party may assign any of its rights or delegate any of its obligations hereunder
(except in the case of either Party utilizing authorized subcontractors and consultants), in each case whether voluntarily,
involuntarily, by operation of law or otherwise, without the prior written consent of the other Party. Any purported
assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve the
assigning or delegating Party of any of its obligations hereunder. This Agreement is binding upon and inures to the benefit
of the Parties and their respective permitted successors and assigns. Notwithstanding the foregoing, either Party may
freely assign this Agreement to an affiliate or successor in interest in the event of a merger, acquisition, sale of all or
substantially all of its assets, corporate reorganization, or other change in control, without the prior consent of the other
Party.
15.10 Export Regulation. The Platforms utilize software and technology that may be subject to US export
control laws, including the US Export Administration Act and its associated regulations. Customer shall not, directly or
indirectly, export, re-export, or release the Platform or the underlying software or technology to, or make the Platform or
the underlying software or technology accessible from, any jurisdiction or country to which export, re-export, or release is
prohibited by law, rule, or regulation. Customer shall comply with all applicable federal laws, regulations, and rules, and
complete all required undertakings (including obtaining any necessary export license or other governmental approval),
prior to exporting, re-exporting, releasing, or otherwise making the Platform or the underlying software or technology
available outside the US.
15.11 US Government Rights. Each of the Documentation and software components that constitute the
Platform is a “commercial item” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software”
and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if
Customer is an agency of the US Government or any contractor therefor, Customer only receives those rights with respect
to the Documentation and the Platform as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201
Page 66 of 195
Page 11 of 15
through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212,
with respect to all other US Government users and their contractors.
15.12 Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party
of any of its obligations under Section 8 or, in the case of Customer, Section 2.3, would cause the other Party irreparable
harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or
threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific
performance and any other relief that may be available from any court, without any requirement to post a bond or other
security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not
exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
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Page 12 of 15
EXHIBIT B
PRICING SHEET
(Based on proposal dated 12/9/2024)
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Page 13 of 15
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Page 14 of 15
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Page 15 of 15
Page 71 of 195
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kim Sommerland, Finance Director
Department: Finance
Subject: Final 2024 Interfund Transfers
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
Transfers between funds serve various purposes, such as supporting long-term funding strategies,
building equipment or trucks fire (e.g., replacements), large for balances fund purchases
reimbursing administrative costs, or closing inactive funds. Following the end of the year, Staff
provides the Council with a summary of the actual transfers made for review.
DISCUSSION:
The attached spreadsheet outlines the 2024 interfund transfers totaling $7,457,129 categorized by
color:
Blue: $4,663,630 – Transfers included in the 2024 budget with no changes.
Purple: $761,796 – Budgeted transfers adjusted based on actual expenses.
Yellow: $96,000 – Listed as a transfer for budgeting but recorded as an interfund loan.
Green: $377,792 – Transfers not included in the 2024 budget, including:
o $215,000 from the Public Safety Aid Fund to Fire Capital to partially fund a new fire
truck.
o $103,336 from Sewer, Storm Water, and Water Funds to cover residual costs related
to Spruce Street Reconstruction project.
o $37,456 to the Employee Expense Fund to reimburse actual insurance premiums,
eliminating an annual deficit.
o $22,000 to the Fleet Fund to reimburse for actual fleet expense eliminating an annual
deficit.
Orange: $1,800 – A transfer for budgeting, recorded as an interfund loan, to be repaid in
2025 with TIF funds.
Gray: $1,556,111 – Transfers to close inactive funds:
o $43,940 from the 2019A GO Capital Improvement Bond Fund to the Closed Bond
Fund.
o $1,512,171 from the Solid Waste Fund to the Emerald Ash Borer Mitigation Fund.
No further transfers are expected for 2024, though adjustments may occur as the audit is finalized.
BUDGET IMPACT:
Any variances to the adopted budget have been addressed in the discussion above.
Page 72 of 195
ACTION REQUESTED:
Approve the final list of 2024 interfund transfers.
ATTACHMENTS:
2024 Fund Transfers Final
Page 73 of 195
2024 OPERATING TRANSFERS
General Fund Debt Svc
1000 2000 2055 2300 2500 3000 4300 4400 5600 5600.5 5701 5800 5803 5810 5811 5812 7000 7100 7200 7400
General Fund EDA TIF 15 - Ebert Park Imp Ice Arena Closed Bonds Fire Capital
Storm Water
Trunk
General
Capital Equip
(Vehicles)
General
Capital Equip
(Police
Vehicles) Maintenance
Spruce Street
Reconst
2024 Street
Imp
Trail
Maintenance
Building
Maintenance
Emerald Ash
Borer
Mitigation
Employee
Expense
Property &
Casualty
Insurance Fleet IT Fund
Total
Transfers
Out
General Fund
1000 Tax Levy 50,000 20,000 450,000 100,000 684,000 170,000 75,000 300,000 37,456 20,000 22,000 1,928,456
Special Revenue Funds
2000 EDA 1,800 1,800
2250 Public Safety Aid 215,000 215,000
Debt Service Funds
3000 Closed Bonds 200,000 263,120 463,120
3130 2005C Bonds 96,000 96,000
3138 2019A GO Capital Imp Bond 43,940 43,940
Capital Project Funds
4050 Capital Project Reserve 100,000 100,000
Enterprise Funds
6100 Municipal Liquor 97,890 125,000 1,000 223,890
6202 Sewer 536,390 40,000 14,183 44,812 1,000 636,385
6302 Solid Waste 1,512,171 1,512,171
6402 Storm Water 562,920 40,000 35,678 403,304 1,041,902
6502 Water 537,310 40,000 53,475 313,681 944,466
Internal Service Funds
7000 Employee Expense Fund 250,000 250,000
2,284,510 50,000 1,800 125,000 20,000 43,940 215,000 96,000 450,000 100,000 804,000 103,336 761,796 170,000 75,000 1,812,171 37,456 22,000 22,000 263,120 7,457,129
4,663,630 Transfers included in the adopted 2024 budget.
761,796 Transfers included in the adopted 2024 budget and amended based on actual project costs.
96,000 Amounts included in the adopted 2024 budget as transfers, though, for accounting purposes they are recorded as interfund loans.
377,792 Transfers that occurred during the year but were not included in the 2024 budget.
1,800 Amounts not included in the adopted 2024 budget as transfers, and for accounting purposes they are recorded as interfund loans.
1,556,111 Amounts transferred to close out funds.
7,457,129
Internal Service Funds
Total Transfers In
Special Revenue Funds Capital Project Funds
FUND
TRANSFERS IN
T
R
A
N
S
F
E
R
S
O
U
T
Pa
g
e
7
4
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9
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kim Sommerland, Finance Director
Department: Finance
Subject: Payment of Claims
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
Minnesota Statutes require that all claims for payment be presented to the City Council for review
and approval.
DISCUSSION:
The City Council has established a process to review and approve claims for payment at each
regular meeting. The list of claims for the period of 03/12/2025 to 04/01/2025 is being presented for
consideration, ensuring compliance with State law and maintaining proper financial oversight.
BUDGET IMPACT:
The claims paid will reduce the available budget for the accounts listed in the detailed report
provided to the Council.
ACTION REQUESTED:
Approve payment of claims.
ATTACHMENTS:
Council Summary Payment of Claims 04-07-2025
Page 75 of 195
CLAIMS FOR APPROVAL 03/12/2025-04/01/2025
CHECK PAYMENTS 762,226.98$
ELECTRONIC PAYMENTS 786,478.15$
TOTAL 1,548,705.13$
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
April 7, 2025
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kim Sommerland, Finance Director
Department: Finance
Subject: Updated Capital Asset Policy
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
City Council is asked to consider and approve an update to the Capital Asset Policy, last approved
in March 2023. The main changes include an increase to the minimum capitalization threshold,
adjustments to thresholds for different asset types, and changes to ensure alignment with new
accounting standards.
DISCUSSION:
The primary change to the Capital Asset Policy centers around adjustments to the capitalization
thresholds. The minimum threshold for capitalizing assets will be raised from $5,000 to $10,000, in
alignment with recent federal guidelines. Additionally, the policy introduces varying thresholds for
different is municipalities, in uncommon is not approach, This categories. asset which
recommended by the Government Finance Officers Association (GFOA) as a best practice.
According to the GFOA, capital asset management systems that attempt to track numerous smaller
items can become costly and difficult to maintain. By implementing varying thresholds for different
asset the asset of efficiency improve reduce can municipalities categories, complexity,
management, and focus resources on tracking more significant assets. These adjustments will also
help enhance financial reporting and ensure compliance with evolving accounting standards.
The updated policy also addresses the need to align with emerging accounting requirements,
further practices reporting financial for standards our meet and that ensuring new asset
management.
The draft policy has been reviewed by the City's auditor, and revisions have been made based on
their comments.
BUDGET IMPACT:
The policy change is not expected to have a direct budgetary impact. The revised thresholds will
likely reduce the number of small-value assets tracked as capital, improving efficiency in asset
management and financial reporting.
ACTION REQUESTED:
Staff requests that City Council review and approve the updated Capital Asset Policy.
Page 77 of 195
ATTACHMENTS:
POLICY Capital Asset DRAFT 2025.04.07
POLICY Capital Asset approved 3-6-2023
Page 78 of 195
FINANCE POLICY
CAPITAL ASSET POLICY
Purpose
The purpose of this Capital Asset Policy is to provide clear guidelines for the identification, accounting,
and reporting of capital assets owned by the City of Farmington. This policy is intended to ensure
compliance with applicable accounting standards, promote consistent and accurate reporting, and
provide a framework for safeguarding the assets.
Overview
Capital assets are critical to the City’s operations, providing long-term benefits to the community. These
assets include both tangible and intangible items that are expected to be used in City operations for
more than five years. Proper management of these assets is critical for maintaining transparency,
ensuring financial accuracy, and complying with regulatory requirements. This policy covers the
following key areas:
Definition and categorization of capital assets
Capitalization thresholds
Asset valuation
Depreciation method
Reporting and accountability requirements
Scope
This policy applies to all capital assets owned or controlled by the City of Farmington. The Finance
Department is responsible for establishing and maintaining an asset accounting system, ensuring
accurate financial reporting, and safeguarding these assets. Department Directors, Division Managers,
and Supervisors are accountable for managing and protecting the capital assets under their control. All
City employees are responsible for using City property solely for official City purposes and must exercise
due diligence in safeguarding these assets to prevent loss, damage, or misuse.
CAPITALIZATION OVERVIEW
Capitalization is the process of allocating the cost of an asset, tangible or intangible, over its estimated
life. Tangible assets have physical substance and include items such as land and land improvements,
buildings and building improvements, machinery and equipment, vehicles, and infrastructure. Intangible
assets lack physical substance but provide long-term benefits to the City. Intangible assets include
easements and purchased software. The Finance Department will capitalize assets that have an
expected useful life of more than five years and a value above the established threshold for their specific
asset category.
CAPITAL ASSET CATEGORIES
Land & Land Improvements
Land refers to real property, excluding structures and land improvements.
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Capital Asset Policy 2 Approved XXX XX, 2025
FINANCE POLICY
Land improvements are non-building assets that enhance the quality or facilitate the use of land and do
not have an indefinite useful life. Examples of depreciable land improvements include fencing, outdoor
lighting, playgrounds, and athletic fields.
Land improvements such as fill, grading, and excavation that provide permanent benefits and incur
limited deterioration with use or the passage of time are to be classified with land as non-depreciable.
Building and Building Improvements
Buildings are structures that are physical property of a permanent nature that enclose people,
equipment, services or functions. Buildings may include major high cost components such as boilers,
elevators, HVAC systems and roofs. If practical, these components should be recorded separately in the
capital asset system to simplify future replacement transactions and because their useful lives can differ
from buildings.
Building Improvements are additions or improvements to buildings that increase the value or extend the
useful life of a building. Examples include replacing major building components, structural additions to a
building, major energy conservation projects, installation of upgraded plumbing or electrical systems,
and major renovations of exterior structural deterioration.
Machinery, Equipment, and Vehicles
Machinery, equipment, and vehicles include physical, movable personal property used in the operations
of the organization. These assets are typically not permanently affixed to buildings or land and are
essential for day-to-day operations. They include a wide variety of items that support different functions
within the organization, ranging from tools and machinery to motorized vehicles. Examples include
machines, tools, furniture, computers, servers, lawn mowers, snowblowers, skid steers, street sweepers,
cars, trucks, emergency vehicles (e.g., fire trucks, police vehicles), and specialized vehicles (e.g., plow
trucks, construction vehicles).
Infrastructure
Infrastructure is categorized as assets that are long-lived, generally stationary in nature, and normally
preserved for a significantly greater number of years than most capital assets. Examples are pavements,
curbs, gutters, and sidewalks associated with roadways, bridges, sewer systems, water distribution
systems, and water drainage systems.
Intangible Assets
Intangible assets are non-physical assets that have value due to their legal, economic, or intellectual
property rights. Software and easements are typical examples. These assets are typically amortized over
their useful lives, which can vary based on the asset type and contractual or legal terms.
Construction In Progress
Construction in Progress refers to costs incurred for assets that are in the process of being built or
developed but are not yet ready for use or service. These assets are recorded in this category until the
asset is substantially ready to be placed into service. Once substantially completed, the accumulated
costs are transferred to the appropriate capital asset category (e.g., buildings, infrastructure, machinery)
and at that time depreciation can begin.
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FINANCE POLICY
CAPITALIZATION THRESHOLDS
The following thresholds apply for the various asset categories:
Asset Category Single Purchase
Land All
Land Improvements $50,000
Building and Building Improvements $50,000
Machinery, Equipment, and Vehicles $25,000
Infrastructure $100,000
Intangible Assets* $10,000
Other Capital Assets $10,000
*Though leases under Governmental Accounting Standards Board (GASB) Statement No. 87 and
software-based IT arrangements (SBITAs) under GASB Statement No. 96 may be considered intangible,
their capitalization should follow the thresholds of the applicable category of their underlying asset as
described later. Additionally, permanent easements are considered intangible assets but are not
depreciated or amortized, regardless of their value.
Assets below the thresholds stated may still be capitalized when there are secondary benefits or
requirements for doing so (e.g. Federal grant thresholds below those shown).
Exceptions to the Capitalization Threshold
BULK/AGGREGATED ITEMS
According to GASB, some assets individually may fall below the capitalization threshold but may be
purchased in large quantities. In cases where tangible assets are acquired together as a part of routine
replacement with an aggregate value of $200,000 or more, the total cost of the group will be capitalized.
The aggregated items may be maintained separately in the accounting system for easier identification
during inventorying and disposal.
GRANT-FUNDED EQUIPMENT
Many grantor agencies permit the acquisition of non-expendable equipment with project funds. It is
necessary to know who owns the equipment which is addressed in the sponsor’s guidelines and/or in
the property clause of the agreement. It is the responsibility of the primary department receiving the
grant to ascertain the specific requirements of the award prior to ordering equipment. Capitalization will
follow the grantor's requirements if they are specified.
ASSET VALUATION
Historical Cost
Capital assets are recorded at their historical cost, which includes the acquisition price and any
additional costs necessary to bring the asset into its intended location and condition for use. This may
include installation, testing, and professional fees. Costs should only be capitalized if they meet the
following two criteria:
1. The cost is directly identifiable with a specific asset.
2. The expenditure occurs after it becomes probable that the asset will be acquired. For example,
while a feasibility study or site selection study is not capitalized, legal costs incurred to acquire
property are capitalized.
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Subsequent Costs
Subsequent costs, such as improvements or additions, should be capitalized if they enhance the asset’s
functionality or extend its useful life. Routine repairs and maintenance, which restore the asset to its
original condition, should be expensed when incurred. For example, resurfacing a road would be a repair
and not capitalized, while reconstructing or adding a new lane would be capitalized as an addition.
For expenditures related to existing capital assets to be capitalized, they must meet at least one of the
following criteria and exceed the defined thresholds:
1. Significantly extend the asset's useful life beyond its initial estimate.
2. Increase the service capacity of the asset.
3. Materially improves the asset’s efficiency.
Expenditures that do not meet the above criteria but return the asset to its original condition (regardless
of cost) should be classified as maintenance or repairs and expensed.
Generally speaking, an extended useful life usually involves a significant
alteration or structural change. Also, if this does occur, be sure to dispose the
old asset value being replaced from the asset listing. For example, if a road
project is considered capital, the value of the existing road should be removed
since you won’t have two roads when the project is completed.
Capitalizable Costs
Costs incurred after acquisition becomes probable are capitalized. Typical costs include, but are not
limited to:
Purchase or Construction Cost: Actual costs related to acquiring or constructing the asset (e.g.,
land, building, equipment, or infrastructure).
Materials and Supplies: Items directly used in constructing, improving, or enhancing the asset
that become a permanent part of the finished asset (e.g., concrete for a building, steel for a
bridge).
Professional Fees: Fees for services such as architects, engineers, legal, or other professional
expertise required to acquire, design, or improve an asset.
Installation & Testing Costs: Expenses for installing the asset and testing it to ensure readiness
for its intended use.
Site Preparation Costs: Costs related to preparing land or other assets for use (e.g., excavation,
grading, demolition).
Permits, Licenses, and Taxes: Expenses related to required permits or taxes directly associated
with acquiring or constructing the asset.
General Exclusions from Capitalization
The following costs do not meet the criteria for capitalization and should be expensed as incurred:
Routine Repairs & Maintenance: Regular maintenance costs (e.g., plumbing repairs, repainting)
that do not extend the asset’s useful life or increase its value.
Decorative or Cosmetic Improvements: Non-essential aesthetic upgrades (e.g., drapes,
wallpaper).
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FINANCE POLICY
Extended Warranties & Maintenance Agreements: Separate costs for extended warranties or
maintenance contracts unrelated to the asset’s acquisition.
Operational Costs Unrelated to Capitalization: General administrative costs or operational
expenses not directly related to the acquisition or development of the asset (e.g., unrelated
employee wages).
Replacement with Like-Kind Parts: Replacing parts with the same type that do not enhance the
asset’s performance (e.g., replacing a boiler with one of the same type).
Donated Capital Assets
Assets acquired at a nominal amount or received as donations should be recorded at their estimated fair
value at the time of acquisition, plus any associated charges. If fair value is not easily obtainable, the City
should use the cost it would incur to acquire or contract for the asset.
DEPRECIATION
Depreciation is the process of allocating the cost of tangible property over a period of time rather than
deducting the cost as an expense in the year of acquisition.
All non-current assets with limited useful lives, including intangibles, shall be depreciated. Accurate
depreciation methods and estimated useful life is critical in correctly determining City financial
performance. Estimated useful lives shall be as accurate as possible and take into account physical wear
and tear, technical obsolescence and commercial obsolescence, and conform to any government
regulations.
Depreciation Method
The City will utilize the straight-line method for depreciation. Equal periodic depreciation charges are
therefore recognized over the life of the asset. The total amount depreciated will never exceed the
asset’s historical cost.
To simplify the process of depreciating assets, the City will use a half-year convention. This means that
any asset placed in service during a given year will be treated as if it were placed in service at the
midpoint of the fiscal year, regardless of the actual purchase or service date. Since the City’s fiscal year
aligns with the calendar year, will be considered in service starting July 1st.
LEASES AND SBITAS
For leases and Software-Based Information Technology Arrangements (SBITAs), the City will apply the
straight-line method of amortization over the full term of the agreement based on the date placed into
service.
Useful Life
The City’s capital assets will be depreciated based on the following schedule of estimated useful lives. If
a more accurate estimated life is known, that estimate should be used instead of the life shown below
for that asset.
Asset Category Useful Life
Land indefinite
Buildings 30-50 years
Improvements (Land & Building) 10-20 years
Machinery, Equipment, and Vehicles 5-20 years
Infrastructure 30-50 years
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LEASES
A lease is a contract granting the right to use another entity’s non-financial asset (e.g., land, buildings,
vehicles, equipment) for a set period in exchange for consideration. Any contract that meets this
definition should be accounted for under the GASB 87 guideline, unless specifically excluded by GASB
87. Leases do not include contracts that transfer ownership at the end of the contract or short-term
leases.
Lessee Accounting
When the City obtains the right to use a non-financial asset from another party and that meets the
following criteria shall be reported as a lease.
1. The lease term is more than one year.
2. The transaction is exchange-like (i.e., not a $1 lease).
3. The present value of lease payments is material to the financial statements, based on the nature of
the lease and the City's financial position.
Lessee accounting involves:
Record Asset and Liability: The City, as the lessee, must recognize the lease asset and
corresponding liability at the present value of future lease payments, which include fixed,
variable, and reasonably certain payments.
Interest and Liability Reduction: As lease payments are made, the principal portion reduces the
liability, and the interest portion is expensed.
Discount Rate: If the lease specifies an interest rate, that rate should be used to discount the
future payments. If no interest rate is specified, the City should use the lessor’s interest rate. If
the lessor’s rate is unavailable, the City may use either the City’s incremental borrowing rate
(IBR), which reflects the interest rate the City would pay if borrowing funds for a similar term
and with similar security, or an adjusted risk-free rate, such as the US Treasury yield rate plus
1%.
Lessor Accounting
When the City provides the right to use a non-financial asset to another party through a lease
agreement, the City, as the lessor, must report the leased asset in its financial statements and recognize
a lease receivable for the future payments expected from the lessee.
1. The lease term is more than one year.
2. The transaction is exchange-like (i.e., not a $1 lease).
3. The amount of the lease payments is material to the financial statements, based on the nature of
the lease and the City's financial position.
Lessor accounting involves:
Record Lease Receivable and Leased Asset: The City must record the lease receivable
(representing the future lease payments) and the leased asset on its books.
Deferring Upfront Payments: Any upfront cash payments received must be deferred and
recognized over the lease term.
Track Payments and Incentives: The City must track and measure lease payments, including
fixed and variable payments, residual value guarantees, and any incentives.
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FINANCE POLICY
Discount Rate: If the lease includes an interest rate, the City uses that rate to calculate the
present value of future lease payments. If no interest rate is specified, the City may use either
the City’s incremental borrowing rate (IBR), which reflects the interest rate the City would pay if
borrowing funds for a similar term and with similar security, or an adjusted risk-free rate, such
as the US Treasury yield rate plus 1%.
Lease Administrative Procedures
Departments must coordinate with the Finance Department when adding new leases or making any
significant changes to existing leases, such as contract modifications, payment adjustments, or other
updates, to ensure accurate reporting and compliance.
For leases that involve multiple assets, each asset should be accounted for separately unless it is
impractical to do so. In such cases, the lease can be consolidated based on professional judgment.
All lease-related records must be maintained for audit purposes.
SOFTWARE-BASED INFORMATION TECHNOLOGY ARRANGEMENTS
A Software-Based Information Technology Arrangement (SBITA) is a contract granting the right to use
another party’s IT software (often cloud-based or subscription software) and, in some cases, related
tangible assets. It applies to software acquisitions and excludes contracts transferring ownership.
SBITA Term
The subscription term includes the non-cancellable period and any options to extend or terminate,
based on reasonable certainty of their exercise. SBITAs with a term of 12 months or less cannot be
capitalized and should be recorded as current expenditures. Periods with mutual termination options
are considered cancelable and excluded from the term.
SBITA Accounting
SBITAs with expected total payments that are material to the City’s financial position must be
capitalized. This total includes all expected subscription payments, such as fixed, variable (based on
index/rate), termination penalties, and incentives, and is not limited to the upfront cost. Payments
based on performance or usage are expensed when incurred. Training costs are always expensed.
The intangible subscription asset is the sum of the subscription liability, upfront vendor payments, and
capitalizable implementation costs, minus any vendor incentives.
Future subscription payments will be discounted using the vendor's interest rate. If the vendor’s rate is
not available, the City may use either the City’s incremental borrowing rate (IBR), which reflects the
interest rate the City would pay if borrowing funds for a similar term and with similar security, or an
adjusted risk-free rate, such as the US Treasury yield rate plus 1%.
SBITA Administrative Procedures
Departments must work closely with the Finance Department when adding new SBITAs, as well as to
track and report any significant changes such as termination penalties, variable payments, or contract
modifications.
All records must be retained for audit purposes.
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FINANCE POLICY
ASSET MANAGEMENT
Record of Inventory
The City’s fixed asset system will serve as the inventory record for capital assets. Each asset in the fixed
asset system will include a description, year of acquisition, cost, estimated useful life, current net book
value and accumulated depreciation. The inventory record will also identify the department or division
responsible for the asset.
The responsibility for the custody, use, control and care of City property rests with each department.
Departments should track small and attractive assets that fall below the capitalization threshold but are
at higher risk for theft or misuse, as well as those that require special attention to ensure public safety
and mitigate potential liability (e.g., police weapons). Responsible departments should implement
appropriate measures, such as asset tagging, where feasible, to control and track these sensitive non-
capital assets.
Departments have the discretion to define what constitutes "small and attractive" assets. However, it is
recommended that, at a minimum, all weapons, regardless of cost, and assets with a unit cost of $1,000
or more be tracked. These assets include, but are not limited to:
Communications equipment (audio and video)
Optical devices (binoculars, infrared viewers, range finders)
Cameras and photographic projection equipment
Personal computers, laptops, notebooks, and cell phones
Data processing equipment and components (scanners, data displays, etc.)
Radios, televisions, and video/audio recorders
Power tools
If resources allow, an inventory of tracked assets, particularly critical capital assets, should be completed
annually. The Minnesota Office of the State Auditor recommends performing a full inventory at least
once every five years. Any discrepancies identified during the inventory process must be reported to the
Finance Director within 30 days.
It is the responsibility of every City employee to use property only for City purposes and exercise
reasonable care for its safekeeping.
Transfer or Disposal of Assets
The City will dispose of capital assets that are no longer needed, obsolete, or beyond repair.
Departments should regularly review their inventory and dispose of equipment deemed unnecessary or
obsolete within 12 months. This helps to minimize storage costs, avoid the accumulation of unnecessary
assets, and maintain accurate financial records.
Before disposing of any capital assets, departments must first obtain approval from the City Council.
After receiving Council approval, the department responsible for the asset must report the disposal to
the Finance Department within 30 days to ensure proper documentation in the fixed asset system.
Surplus capital assets that are suitable for sale must be sold through a public auction or a sealed bid
process. Assets not suitable for sale may be disposed of by following legal requirements for disposal. In
all instances, the City shall comply with applicable Minnesota Statutes regarding the disposal and sale of
capital assets.
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FINANCE POLICY
The disposition of capital assets purchased with Federal grant funds must adhere to the specific
guidelines of the grant, including the duration the asset must remain under the City's ownership and the
disposal of any proceeds from the sale.
Page 87 of 195
Attachment: Current Policy – Approved 3-6-2023
CAPITAL ASSET POLICY
Financial Policy
Subject: Capital Asset Policy
Introduction
The City maintains a large investment in it capital assets. It is the responsibility of the
City to maintain, preserve and replace these assets when needed as they play an
important role in providing basic services to our residents.
I. SCOPE
This fiscal policy provides the framework that will allow overall management of the City’s
capital assets.
The Finance Department is responsible for the establishment and maintenance of a
fixed asset accounting system that allows for the proper presentation of fixed assets in
the financial statements and the overall safeguarding of fixed assets.
All City employees are responsible for protecting City property entrusted to them and to
help protect all City assets in general. Department Directors, Division Managers, and
Supervisors are ultimately responsible for and held accountable for, assuming
proprietary control of all equipment and other fixed assets in their custody or assigned
to their department or division.
II. PURPOSE
The purpose of this policy is to set forth the guidelines for the physical and reporting
control of the City’s assets, including accountability over the assets.
III. CAPITAL ASSETS DEFINITION
Capital assets include land, land improvements, buildings, building improvements,
construction in progress, machinery and equipment, vehicles, infrastructure, and
intangible assets (software and easements) acquired by the City for use in providing
services to its citizens. Capital assets are reported and depreciated in the applicable
governmental or business-type activities columns in the governmental-wide financial
statements.
Infrastructure assets are long-lived capital assets that normally can be preserved for a
significantly greater number of years than most capital assets and are normally
stationary in nature. Examples include roads, bridges, tunnels, drainage systems, and
water and sewer systems.
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Capital assets are defined by the City as assets with an initial, individual cost of more
than $5,000 (amount not rounded) and an estimated useful life in excess of five years.
Such assets are recorded at historical cost or estimated historical cost if purchased or
constructed. Donated capital assets are recorded at estimated fair market value at the
date of donation.
The costs of normal maintenance and repairs that do not add to the value of the asset
or materially extend assets lives are not capitalized.
Major outlays for capital assets and improvements are capitalized as projects when
constructed. Interest incurred during the construction phase of capital assets of
business-type activities is included as part of the capitalized value of the assets
constructed.
Property, plant and equipment, and infrastructure assets are depreciated using the
straight-line method. Capital assets are depreciated over the following estimated useful
lives:
Assets
Buildings and structures 20-50 years
Improvements other than
buildings
20-50 years
Machinery and equipment 5-20 years
Infrastructure 30 years
Collection/Distribution systems 50 years
IV. INVENTORY RECORD OF ASSETS
The City’s fixed asset system will serve as the inventory record for capital assets. Each
asset in the fixed asset system will include: description, year of acquisition, cost or
estimated cost, estimated useful life, current net book value and accumulated
depreciation. The inventory record will also identify the division that uses the asset.
Land is capitalized (but not depreciated) and tracking is maintained by the City’s fixed
asset system.
V. DEPRECIATION DEFINITION
Depreciation is the process of allocating the cost of tangible property over a period of
time rather than deducting the cost as an expense in the year of acquisition.
It is the City’s policy to use the straight-line depreciation method. The basis of the asset
is written off evenly over the useful life of the asset. The same amount of depreciation is
taken each year. In general, the amount of annual depreciation is determined by
dividing an asset’s depreciable cost by its estimated life. The total amount depreciated
can never exceed the asset’s historic cost.
To avoid the complications of depreciating each asset from the specific date on which it
is placed in service, the City will utilize a Half Year Convention. Under this convention,
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property placed in service at any time during a given year is treated as if it had been
placed in service on the first day of the 7th month. If the property is disposed of before
the end of the estimated useful life, only 6 months depreciation is allowed for that final
year.
To calculate depreciation on a capital asset, the following factors must be known:
•Date the asset was placed in service
•Cost or acquisition value
•Estimated useful life, and
•Depreciation method (straight-line)
VI. Determining Assets Cost
Capital assets are recorded at historical cost and should include the cost of freight, site
preparation, architect and engineering fees, etc. If something other than cash is used to
pay for the asset, then fair-market value of the non-cash payment or consideration
determines the asset’s cost or acquisition value. When the value of consideration paid
can’t be determined, the asset’s fair-market value determines its cost. With few
exceptions, an asset’s cost should also include necessary costs incurred to place the
asset in service. These costs would include the invoice price plus incidental costs such
as insurance during transit, freight, capitalized interest, duties, title search, registration
fees, and installation costs. Exceptions to this rule include interest expenses associated
with deferred payments and real estate taxes paid, in any, in the acquisition of property.
VII. CAPITAL ASSET CLASSES
A. Recording of Land
Land is to be capitalized but not depreciated. It is recorded at historical cost and
remains at that cost until disposal. If there is a gain or loss on the sale of land, it is
reported as a special item in the statement of activities.
B. Recording of Infrastructure
These assets are long-lived, stationary in nature, and can be preserved for a
significantly greater number of years than most capital assets. Examples include roads,
bridges, tunnels, storm drainage systems, and water and sewer distribution and
collection systems. Included in this classification is the lining of water, sewer, or storm
drainage mains or pipes, that are at or near full depreciation, and the lining extends the
useful life 30 to 50 years.
C. Recording Intangible Assets
Intangible assets are to be capitalized and recorded based upon the historical cost.
Easements will be capitalized and depreciated with the project to which the easement
relates.
D. Recording Buildings
Buildings should be recorded at either their acquisition cost or construction cost. The
cost of new construction should be carefully evaluated because projects usually consist
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of major components such as land, land improvements, building construction (including
professional fees and permits), furniture, fixtures and equipment. In addition, buildings
include components such as roof, air conditioner system, etc. that should be recorded
separately when significant because these building components have different useful
lives. The value of each component needs to be determined and placed within its own
category.
E. Recording Building Improvements
Building improvements that extend the useful life should be capitalized. Examples of
building improvements include re-roofing projects, and major structural building
components. Items that are normal upkeep or replacements will be included in the
operating budget. Examples of these items are window replacement, carpet
replacement, and interior remodeling.
F. Recording Construction in Progress
Construction in progress should be capitalized and not depreciated. It should be
reported with land and other non-depreciating assets at the government wide level.
Unspent debt proceeds from capital assets related debt are reported in the net assets
section of the statement of net assets as “restricted for capital projects”.
G. Recording Machinery and Equipment (Including Office Equipment)
Assets such as machinery and equipment (that meet threshold levels) should be
capitalized and inventoried. Furniture that is purchased in conjunction with new
construction or with a purchase of a new building will be added to the full value of the
building at the completion of the project.
Assets such as a water meter system will be capitalized based on the total cost of the
system and depreciated over ten (10) years.
H. Recording Vehicles
Vehicles should be identified, inventoried, and depreciated.
I. Recording Easements
An easement is an interest in land owned by another that entitles its holder to a specific
limited use of the land. Therefore, easements are not required to be reported unless the
City paid for the easement (See Intangible Assets above).
VIII. Establishing and Setting the Threshold Levels for Recording Capital Assets
The following elements of useful life and asset costs are established for capitalization of
assets:
•Estimated Useful Life.
The first criterion is useful life. An asset must have an estimated useful life
greater than five (5) years to be considered for capitalization and depreciation.
Assets that are consumed, used-up, habitually lost or worn out in five years or
less will not be capitalized.
•Asset Cost
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The second criterion for determining depreciable capital assets is cost. The
capitalization threshold is established at an individual cost of $5,000 (amount not
rounded).
IX. Disposition/Sale of Capital Assets
The City shall dispose of capital assets if the assets are determined to be no longer
needed, obsolete, or in a condition beyond repair. When a capital asset is disposed of
the Finance Department must be notified by the responsible department or division that
had custody of the disposed asset.
Surplus capital assets in a condition for sale are to be sold either at a public auction or
using a sealed bid process. All other assets not in a condition for sale may be disposed
of by following are legal requirements for disposal. In all instances, the City shall abide
by Minnesota Statutes in regards to disposal/sale of capital assets.
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: David Chanski, Asst City Admin/HR Director
Department: HR
Subject: Health Insurance Broker Request for Proposal
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
Staff is seeking approval of the Request for Proposal (RFP) for Health Insurance Broker Services.
DISCUSSION:
Gallagher has been the City's health insurance broker for many years. While Staff is not dissatisfied
with the services Gallagher has provided, Staff is unsure of the last time the City reviewed
insurance broker services, and it is generally a good practice to review professional services every
few years. Additionally, new contracts will be negotiated with all four of the City's union groups this
year, which makes now the ideal time to conduct a full review of insurance benefits. The process
begins with reviewing insurance brokers services.
BUDGET IMPACT:
This request has no budgetary impact.
ACTION REQUESTED:
Approval of the Request for Proposal (RFP) for Health Insurance Broker Services.
ATTACHMENTS:
Health Insurance Broker Request for Proposal
Page 93 of 195
Request for Proposal (RFP)
Health Insurance Broker
Proposals are due:
April 25, 2025
4:00 p.m.
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Request for Proposal
Health Insurance Broker
1
A. Purpose of Request
The City of Farmington has issued this Request for Proposal (hereinafter, “RFP”) with the
sole purpose and intent of obtaining proposals from interested and qualified Firms offering
to provide broker services to solicit, review, and present health insurance benefit plan
options, assist with contract implementation services, and act as the City’s representative to
selected insurance companies.
B. Background
a. The Organization
i. The City of Farmington is a full-service community located within west
central Dakota County with an estimated population of 23,895.
ii. The City has 92 benefit eligible employees.
iii. Health Insurance benefits are currently provided by BlueCross BlueShield
through the Better Health Collective administered by Sourcewell.
iv. The City offers the following ancillary benefits administered by Integrity:
1. Life Insurance
2. Dental Insurance
3. Vision Insurance
4. Short Term Disability
5. Long Term Disability
6. Group Accident
7. Group Critical Illness
v. Employees have the option of selecting either an HSA or HRA as part of their
health insurance plan to which the City provides a monthly contribution.
C. Scope of Service, Major Roles, and Responsibilities
a. Firm
i. Develop, review, analyze, and present requests for proposals. Provide
side-by-side report for City review. Prepare and/or review and advise on
contract proposals based on the City’s needs. Seek alternative coverage
options as needed.
ii. Advise and assist the City in evaluating and selecting coverage among
available alternatives. Examples include plan coverages, deductibles, co-
payments, out-of-pocket payments, etc.
iii. Advise the City on potential gaps or overlaps in coverages.
iv. Advise the City on long-term strategies for premium stability.
v. Analyze value-added services available to the City.
vi. Analyze and report utilization trends and costs. Provide education on how
to best utilize and limit premium increases.
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Request for Proposal
Health Insurance Broker
2
vii. Review coverage documents and invoices to assure coverage has been
correctly issued and billed.
b. City of Farmington
i. Provide a staff project manager and additional city staff time and
knowledge;
ii. Provide information regarding current practices, processes, and policies;
iii. Generate and provide the Firm with a list of topics and items that should be
considered and reviewed for the Project;
iv. Providing all paper copies of agendas and materials for meetings and
handling content, mailings, and distributions for public hearings;
v. Review the Firm’s work products for the purpose of providing comments
and suggestions for improvements and/or changes; and
vi. Providing legal review of the Project if necessary.
D. Schedule and Timeline
The following schedule and timeline is anticipated:
- April 25: RFP responses due
- May 5 – 14: Proposals reviewed and selected firms interviewed
- May 19: Recommended firm presented to the City Council for approval
- Week of June 30: Insurance plan options presented to the City
- July 21: Recommended insurance plan presented to the City Council for approval
- Month of October: Open Enrollment
E. Written Proposal Submission
All questions regarding this RFP shall be directed to Assistant City Administrator/HR
Director David Chanski at dchanski@farmingtonmn.gov or 651-280-6804. Proposals should
be submitted no later than 4:00 p.m. on April 25, 2025. Electronic submission of proposals is
required.
Electronic Submission:
Subject Line: RFP Submittal – Health Insurance Broker Services
dchanski@farmingtonmn.gov
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Request for Proposal
Health Insurance Broker
3
Proposals shall include at least the following information:
Firm History and Experience
a. History of firm including size and any specialty areas.
b. Background firm data, including financial references.
c. Expertise or involvement in the insurance/employee benefits industry.
d. Municipality experience.
e. List of providers the firm is associated with.
f. Identification of the offering firm(s), including name, address, and telephone
number of the offering firm(s);
a. If a portion of the RFP cannot be met by the applicant’s Firm, please list
the outside Firm(s) which will be used by the applicant.
b. Name, title, telephone number, and email address of the contact person during the
RFP proposal evaluation; and
c. Conflict of Interest Statement – The Firm must identify any potential conflict of
interest it may have providing the services outlined in the RPF.
Qualifications/Cost
a. Description of service philosophy.
b. Introduction of the account team, by name with specific roles, qualifications and
experience, and distribution of responsibilities including support capabilities.
c. Current use of technology, especially capability for computerized legal benefit
design research and for sharing and editing documents electronically.
d. Detail of services that will be provided to the City.
e. Indicate current responsibilities of person designated to serve as lead contact for
the City.
f. Action-plan and timetable for assuming responsibilities and design/cost
containment plans.
g. Conceptual program structure and pricing including a not-to-exceed amount. Please
clarify how the cost will be paid.
References
a. List of cities you currently represent and for what type of service. Provide contact
names and information.
The City of Farmington reserves the right to expand the period for submittal of proposals or
release modifications to the RFP in the form of a written addendum. After the deadline for
submission, submitted proposals will be opened and reviewed for consideration.
Firms who choose to submit a proposal are doing so at their own risk and expense. The City
of Farmington will not reimburse any expense incurred by the Firm(s) submitting
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Request for Proposal
Health Insurance Broker
4
proposals, including, but not limited to, expenses associated with preparation and
submission of the response, submission of additional information requested by the City, or
attendance at interviews or consultation meetings.
Nothing in the proposal shall be deemed to commit the City of Farmington to select the
proposer. The City of Farmington reserves the right to reject any and all proposals, in whole
or in part, to waive any and all informalities, to disregard all non-conforming, non-
responsive or conditional proposals, or to request additional information from a proposer.
F. Selection Process & Evaluation
The City of Farmington will evaluate proposals and may conduct interviews of Firms who
submit completed proposals and display adequate qualifications. The City of Farmington has
the right to reject any or all Project proposals without explanation.
Proposals will be evaluated on the following factors:
a. Experience of Firm(s)
i. The quality, comprehensiveness, and appropriateness of the experience of
the Firm and its personnel;
ii. List of past similar communities served and products provided.
References may or may not be contacted; and
b. Experience of Personnel
i. Experience and qualifications of key personnel;
ii. Access and availability of the project manager and key personnel;
c. Work Plan for Scope of Services
i. Completeness and clarity proposal;
ii. Scope of service approach, timing, and deliverables;
iii. Understanding the objectives and work tasks;
iv. Proposed level of detail, documentation, and back-up material;
v. Ability to complete the proposal within the proposed timeline; and
vi. Ability to work as a team with other city consultants, city staff, and City
Council.
d. Cost Allocation
i. Cost relative to proposed level of effort and products;
ii. Allocation of resources and amount of work tasks; and
iii. Reasonability of costs.
e. Other Factors
i. Other factors deemed relevant by the City of Farmington.
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Request for Proposal
Health Insurance Broker
5
G. Other Information
The proposer shall understand and acknowledge that a submitted proposal is subject to the
Minnesota Governmental Data Practices Act. Proposals are private or nonpublic until they
are opened by the City. Once the proposals are opened, the name of the proposer becomes
public. All other data in the proposal is private or nonpublic data until the completion of the
evaluation process. After the City has completed the evaluation process, all remaining data
submitted by all proposers is public with the exception of trade secret data as defined and
classified in Minnesota Statutes Section 13.37. Data will at all times be governed by the
Minnesota Governmental Data Practices Act, Minnesota Statutes Chapter 13. The proposer
agrees to maintain all data obtained from the City consistent with the requirements of the
Data Practices Act. The proposer agrees to defend or indemnify the City from any claim,
liability, damage, or loss asserted against the City as a result of the proposer’s failure to
comply with the requirements of the Data Practices Act.
Submittals shall be submitted by 4 p.m. on April 25. 2025
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: David Chanski, Asst City Admin/HR Director
Department: HR
Subject: Staff Approvals and Recommendations
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
Staff recommends the rehire of Mason Conrad as a Seasonal Park Maintenance Worker and the
transfer of Maya Tracey from Seasonal Warming House Attendant to Seasonal Recreation Program
Supervisor.
DISCUSSION:
Staff is in the process of filling numerous seasonal positions within the Parks and Recreation
Department and the Public Works Department.
BUDGET IMPACT:
These positions were included in the 2025 Budget
ACTION REQUESTED:
Approve the rehire of Mason Conrad as a Seasonal Park Maintenance Worker and the transfer of
Maya Tracey from Seasonal Warming House Attendant to Seasonal Recreation Program
Supervisor.
Page 100 of 195
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Agreements with AV for You for Outdoor Movie Services
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
The Parks and Recreation Department hosts two movies in the park.
DISCUSSION:
Movies in the park for 2025 include:
IF (Invisible Friends) on Friday, July 18, at dusk at Lake Julia Park; and
Pirates of the Caribbean: The Curse of the Black Pearl on Saturday, September 6, at dusk at
Distad Park and Greenway.
AV for You will be providing equipment and technicians for both movies. This includes projection,
audio, power, safety, and back-up equipment. The agreements are attached. AV for You has
successfully provided outdoor movie services for Parks and Recreation in the past and are great to
work with.
The City Attorney reviewed the attached agreements and found them to be acceptable.
BUDGET IMPACT:
The cost for the services provided by AV for You is $1,874 for the movie at Lake Julia Park and
$1,874 for the movie at Distad Park and Greenway. The cost for the outdoor movie services will be
funded through generous donations from sponsors and the Parks and Recreation Department
approved operational budget for contractual services monies in the Recreation Program Services
budget.
ACTION REQUESTED:
Approve the attached agreements with AV for You to provide equipment and technicians to show
outdoor movies on July 18, 2025 at Lake Julia Park and September 6, 2025 at Distad Park and
Greenway.
ATTACHMENTS:
2025 Agreement with AV for You Lake Julia Park
2025 Agreement with AV for You Distad Park
Page 101 of 195
INDEPENDENT CONTRACTOR AGREEMENT
AGREEMENT made this ___ day of ________ , 2025, by and between the CITY
OF FARMINGTON, a Minnesota municipal corporation ("City") and AV FOR YOU, a Minnesota
Company ("Contractor"). The City and the Contractor are referred to herein individually as a "Party" and
collectively as the "Parties."
1.PURPOSE. The purpose of this agreement is to set forth the terms and conditions under
which the Contractor will provide certain services to the City.
2.SERVICES TO BE PERFORMED. The Contractor shall perform the work (the "Services)
as described in Exhibit A to this Agreement which is incorporated herein by reference.
a.The Contractor shall not enter into any subcontracts for Services provided under this
Agreement without the express written consent of the City.
b.This Agreement shall not preclude the City from engaging any other person or entity to
perform the Services, nor shall this Agreement preclude Contractor from providing
similar or related services for any other entity.
c.The Contractor agrees to comply with all federal, state, and local laws and ordinances
applicable to the Services to be performed under this Agreement, including all safety
standards. The Contractor shall be solely and completely responsible for conditions of the
job site, including the safety of all persons and property during the performance of the
Services. The Contractor represents and warrants that it has the requisite training, skills,
and experience necessary to provide the Services and is appropriately licensed by all
applicable agencies and governmental entities and will perform the Services with
reasonable care and skill.
d.The Contractor shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily possessed and exercised by a contractor under
similar circumstances.
e.The Contractor shall retain control over its employees, agents, servants, and
subcontractors, as well as control over its invitees, and its activities on and about the
subject premises and the manner in which such activities shall be undertaken and to that
end, the Contractor shall not be deemed to be an agent of the City.
f.The Contractor shall not perform any additional Services without the express written
permission of the City. The City will not pay additional compensation for Services that
do not have prior written authorization.
g.Claims for services furnished by the Contractor not specifically provided for herein shall
not be honored by the City.
3.TERM. This Agreement shall be effective on the date hereof and shall continue, unless
terminated sooner in accordance with the terms of this Agreement, until the Completion Date.
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a.Start date: The Contractor shall commence the provision of Services on: Friday, July 18,
2025 at 6 p.m.
b.Completion Date: The Contractor shall complete the Services by Friday, July 18, 2025 at
10:30 p.m.
c.The City may terminate this Agreement for convenience at any time. Termination shall
be effective upon ten (I 0) days' written notice to the Contractor.
4.COMPENSATION. As consideration for the provision of the Services, the City agrees to
pay the Contractor as follows: a flat fee of $1,874.00. The City will pay a $937.00 deposit to
reserve the date of July 18, 2025. The deposit will be applied to the flat fee of $1,874.00
a.The Contractor shall submit a detailed written invoice to the City upon completion of the
Services.
b.Each invoice shall include in detail the hours worked and a description of the Services
performed.
c.The City shall pay the invoice within 35 days of receipt.
d.If the City objects to all or any portion of any invoice, the City shall notify the Contractor
of the dispute with ten (10) days from the date of receipt and shall pay that portion of the
invoice not in dispute.
5.INDEPENDENT CONTRACTOR RELATIONSHIP. It is expressly understood that the
Contractor is an "independent contractor" and not an employee of the City. The Contractor
shall have control over the manner in which the Services are performed under this Agreement.
The Contractor shall supply, at its own expense, all materials, supplies, equipment and tools
required to accomplish the Services contemplated by this Agreement. The Contractor shall
not be entitled to any benefits from the City, including, without limitation, insurance benefits,
sick and vacation leave, workers' compensation benefits, unemployment compensation,
disability, severance pay, or retirement benefits. Nothing in this Agreement shall be deemed
to constitute a partnership, joint venture or agency relationship between the Parties.
6.INSURANCE REQUIREMENTS. The Contractor, at its expense, shall procure and
maintain in force for the duration of this Agreement the following minimum insurance
coverages:
a.General Liability. The Contractor shall maintain Commercial General Liability Insurance
in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The
policy shall cover liability arising from premises, operations, products-completed
operations, personal injury, advertising injury, and contractually assumed liability. The
City, including its elected and appointed officials, employees, and agents, shall be
endorsed as additional insured.
b.Automobile Liability. If the Contractor operates a motor vehicle in performing the
Services under this Agreement, the Contractor shall maintain Business Automobile
Liability Insurance, including owned, hired, and non-owned automobiles, with a
minimum combined single liability limit of $1,000,000 per occurrence.
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c.Workers' Compensation. The Contractor shall maintain Workers' Compensation
insurance for all its employees in accordance with the statutory requirements of the State
of Minnesota. The Contractor shall also carry Employers' Liability Coverage with
minimum limits as follows:
•$500,000 -Bodily Injury by Disease per employee
•$500,000-Bodily Injury by Disease aggregate
•$500,000 -Bodily Injury by Accident
d.Additional Insurance Conditions.
i.The Contractor shall, prior to commencing the Services, deliver to the City a
Certificate of Insurance as evidence that the above coverages are in full force and
effect.
ii.The insurance requirements may be met through any combination of primary and
umbrella/excess insurance. The City must be named as an additional insured on
any umbrella/excess policy.
iii.The Contractor's policies shall be primary insurance and non-contributory to any
other valid and collectible insurance available to the City with respect to any claim
arising out of the Contractor's performance under this Agreement.
iv.The Contractor'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, or ten (10) days' written
notice for non-payment of premium.
v.Contractor agrees to maintain all coverage required herein throughout the term of
the Agreement and for a minimum of two (2) years following.
7.INDEMNIFICATION. To the fullest extent permitted by law, the Contractor agrees to
defend, indemnify and hold harmless the City, and its employees, officials, and agents from
and against all claims, actions, damages, losses and expenses, including reasonable attorney
fees, arising out of the Contractor's negligence or the Contractor's performance or failure to
perform its obligations under this Agreement. The Contractor's indemnification obligation
shall apply to the Contractor's subcontractor(s), or anyone directly or indirectly employed or
hired by the Contractor, or anyone for whose acts the Contractor may be liable. The
Contractor agrees this indemnity obligation shall survive the completion or termination of this
Agreement.
8.DOCUMENTS. All reports, plans, models, software, diagrams, analyses, and information
generated in connection with performance of this Agreement shall be the property of the City.
The City may use the information for its purposes. The City shall be the copyright owner.
The vesting of the City's ownership of the copyright in materials created by the Contractor
shall be contingent upon the City's fulfillment of its payment obligations hereunder. The
Contractor shall be allowed to use a description of the services provided hereunder, including
the name of the City, and photographs or renderings of any projects which develop from the
planning or other services provided by the Contractor, in the normal course of its marketing
activities.
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9.GENERAL PROVISIONS.
a.Entire Agreement. This Agreement supersedes any prior or contemporaneous
representations or agreements, whether written or oral, between the Parties and contains
the entire agreement.
b.Assignment. The Contractor may not assign this Agreement to any other person unless
written consent is obtained from the City.
c.Amendments. Any modification or amendment to this Agreement shall require a written
agreement signed by both Parties.
d.Prompt Payment of Subcontractors. Pursuant to Minn. Stat. § 471.425, subd. 4a, the
Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of
payment from the City for undisputed services provided by the subcontractor. The
Contractor must pay interest of one and one-half percent (1 ½%)per month or any part of
a month to subcontractor on any undisputed amount not paid on time to the subcontractor.
The minimum monthly interest penalty payment for an unpaid balance of $100.00 or
more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the
actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to
collect interest penalties from Contractor shall be awarded its costs and disbursements,
including attorney's fees, incurred in bringing the action.
e.Nondiscrimination. In the hiring of employees to perform work under this Agreement,
the Contractor shall not discriminate against any person by reason of any characteristic or
classification protected by state or federal law.
f.Governing Law. This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Minnesota. All proceedings related to this Agreement shall be
venued in Dakota County, Minnesota.
g.Ownership of Documents. All reports, plans, specifications, data, maps, and other
documents produced by the Contractor in the performance of Services under this
Agreement shall be the property of the City. The City may use such information for its
purposes. The City shall be the copyright owner.
h.Government Data/Privacy. The Contractor agrees to abide by the applicable provisions of
the Minnesota Government Data Practices Act, Minnesota Statues, Chapter 13, and all
other applicable state or federal rules, regulations or orders pertaining to privacy or
confidentiality. The Contractor understands that all of the data created, collected,
received, stored, used, maintained or disseminated by the Contractor in performing those
functions that the City would perform is subject to the requirements of Chapter 13, and
the Contractor must comply with those requirements as if it were a government entity.
This does not create a duty on the part of the Contractor to provide the public with access
to public data if the public data is available from the City, except as required by the terms
of this Agreement.
i.Records. Contractor shall maintain complete and accurate records of time and expense
involved in the performance of services.
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j.Audits. Pursuant to Minn. Stat. Section 16C.05, subd. 5, the Contractor's boo ks, records,
documents, and accounting procedures and practices that are relevant to this Agreement,
are subject to examination by the City and either the Legislative Auditor or the State
Auditor for a minimum of six years from the end of this Agreement.
k.Waiver. The waiver by either party of any breach or failure to comply with any provision
of this Agreement by the other Party shall not be construed as, or constitute a continuing
waiver of such provision or a waiver of any other breach of or failure to comply with any
other provision of this Agreement.
I.Third Party Reliance. This Agreement is intended for the mutual benefit of Parties hereto
and no third-party rights are intended or implied.
m.Notices. All notices and other communications pursuant to this Agreement must be
delivered via email or delivered by registered or certified mail, postage prepaid, or
delivered by hand at the addresses set forth below:
Notice to City: Kellee Omlid, Parks and Recreation Director
komlid@fanningtonmn.gov
430 Third Street, Farmington, MN 55024
Notice to Contractor: TriStan Waters------------t ri st an @a vfo r ou.com n.Force Majeure. Except for payment of sums due, neither Party shall be liable to the other
or deemed in default under this Agreement, if and to the extent that Party's performance is
prevented by reason of force majeure. "Force majeure" includes war, an act of terrorism,
a pandemic or epidemic, fire, earthquake, flood and other circumstances which are
beyond the control and without the fault or negligence of the Party affected and which by
the exercise of reasonable diligence the Party affected was unable to prevent.
o.Savings Clause. If any court finds any portion of this Agreement to be contrary to law,
invalid, or unenforceable, the remainder of the Agreement will remain in full force and
effect.
p.Counterparts. This Agreement may be signed in counterparts, each of which shall be
deemed an original, and which taken together shall be deemed to be one and the same
document.
Page 106 of 195
I ).li.•d. 'II'"
�; 0Dated: -="""\::...,J_,____.)......;;;<...�---· 2025.
BY
fo,hua I loyt. Mayor
AND ------------------
Shirley R Rucckslcr, City Clerk
CONTRACTOR: AV FOR YOU
BY:/ ��v-
Page 107 of 195
Farmington Parks and Recreation
MN
Exhibit A
AV For You
3324 Winpark Drive
Crystal MN 55427
Rentals@avforyou.com
952-500-8839
www.AVforYou.com
Quotation: 7/18/25 Outdoor Movie at Lake Julia Park
Order
Date
Our
Reference
Your
Reference
Rental
Period
Setup
Use
Takedown
01-29-2025
24624
07-18-2025 6:00 PM to 07-
18-2025 10:30 PM
07-18-2025 6:00 PM to 07-
18-2025 6:00 PM
07-18-2025 7:30 PM to 07-
18-2025 10:30 PM
07-18-2025 10:30 PM to 07-
18-2025 10:30 PM
Quote
Valid
Until
Delivery Address 05-26-2025
3:40 PM Lake Julia Park
5108 187th St. W,
Farmington MN 55024
Collection Address
Lake Julia Park
5108 187th St. W,
Farmington MN 55024
Item Type Quantity Days Price Discount Total
Projection -Dusk Approx. 8:54pm
8.3' x 10.5' Outdoor Inflatable Screen (16:9 Format)
50 lb. Sandbag (accessory)
Sony VPL-PHZ50.B WUXGA Laser LCD Projector (Device)
Projector Stand (Da-Lite Deluxe "Project-0-Stand")
Projector Stand Skirting
Panasonic DMP-BD871 Blu-Ray DVD Player
Rental 1.0 150.00
Rental 8 1.0 5.00
Rental 1.0 250.00
Rental 1.0 10.00
Rental 1.0 10.00
Rental 1.0 20.00
Total for Projection -Dusk Approx. 8:54pm: $480.00
150.00
40.00
250.00
10.00
10.00
20.00
Page 108 of 195
Farmington Parks and Recreation
MN
Quotation: 7/18/25 Outdoor Movie at Lake Julia Park
AV For You
3324 Winpark Drive
Crystal MN 55427
Rentals@avforyou.com
952-500-8839
www.AVforYou.com
Item Type Quantity Days Price Discount Total
Audio
Mackie SRM550 1600W 12" Powered Speaker Rental 4 1.0 60.00 240.00
Speaker Stand (accessory) Rental 4 1.0 0.00 0.00
IEC Power Cord (accessory) Rental 4 1.0 0.00 0.00
Mackie DFX6 Stereo 4 Channel Mixer Rental 1.0 20.00 20.00
A/V Interface Direct Box Rental 1.0 5.00 5.00
Total for Audio: $265.00
Power
Honda EU7000iS 7000 Watt Portable Inverter Generator Rental 1.0 300.00 300.00
L-14-30 30 Amp 3 Prong Twist Lock Plug to Edison Breakout Rental 1.0 0.00 0.00
Cable (accessory)
Total for Power: $300.00
Safety
Zoro Single Track Cable Ramp Rental 6 1.0 5.00 30.00
Total for Safety: $30.00
BACKUP
Panasonic DMP-BD871 Blu-Ray DVD Player Rental 1.0 20.00 100% 0.00
Sony VPL-PHZ50.B WUXGA Laser LCD Projector (Device) Rental 1.0 250.00 100% 0.00 Page 109 of 195
Farmington Parks and Recreation
MN
Quotation: 7/18/25 Outdoor Movie at Lake Julia Park
AV For You
3324 Winpark Drive
Crystal MN 55427
Rentals@avforyou.com
952-500-8839
www.AVforYou.com
Item Type Quantity Days Price Discount Total
Carve 1x2 HDMI Splitter
Avedio HDMI 1 x2 DA
Crew
Technician
Setup 6pm, Onsite 7:30pm-10:30pm, Strike 10:30pm
Mileage
70 Miles Roundtrip
Rental charges
Sale charges
Service charges
$1,075.00
$0.00
$799.00
Rental
Rental
Service 2x5
Hours
Service 1 X 70
miles
Discount total
Charge total
Tax total
1.0 5.00
1.0 5.00
Total for BACKUP:
75.00
0.70
Total for Crew:
Charge and tax total
100% 0.00
100% 0.00
$0.00
750.00
49.00
$799.00
$280.00
$1,874.00
$0.00
$1,874.00
Page 110 of 195
INDEPENDENT CONTRACTOR AGREEMENT
AGREEMENT made this ___ day of ________ , 2025, by and between the CITY
OF FARMINGTON, a Minnesota municipal corporation ("City") and AV FOR YOU, a Minnesota
Company ("Contractor"). The City and the Contractor are referred to herein individually as a "Party" and
collectively as the "Parties."
1.PURPOSE. The purpose of this agreement is to set forth the terms and conditions under
which the Contractor will provide certain services to the City.
2.SERVICES TO BE PERFORMED. The Contractor shall perform the work (the "Services)
as described in Exhibit A to this Agreement which is incorporated herein by reference.
a.The Contractor shall not enter into any subcontracts for Services provided under this
Agreement without the express written consent of the City.
b.This Agreement shall not preclude the City from engaging any other person or entity to
perform the Services, nor shall this Agreement preclude Contractor from providing
similar or related services for any other entity.
c.The Contractor agrees to comply with all federal, state, and local laws and ordinances
applicable to the Services to be performed under this Agreement, including all safety
standards. The Contractor shall be solely and completely responsible for conditions of the
job site, including the safety of all persons and property during the performance of the
Services. The Contractor represents and warrants that it has the requisite training, skills,
and experience necessary to provide the Services and is appropriately licensed by all
applicable agencies and governmental entities and will perform the Services with
reasonable care and skill.
d.The Contractor shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily possessed and exercised by a contractor under
similar circumstances.
e.The Contractor shall retain control over its employees, agents, servants, and
subcontractors, as well as control over its invitees, and its activities on and about the
subject premises and the manner in which such activities shall be undertaken and to that
end, the Contractor shall not be deemed to be an agent of the City.
f.The Contractor shall not perform any additional Services without the express written
permission of the City. The City will not pay additional compensation for Services that
do not have prior written authorization.
g.Claims for services furnished by the Contractor not specifically provided for herein shall
not be honored by the City.
3.TERM. This Agreement shall be effective on the date hereof and shall continue, unless
terminated sooner in accordance with the terms of this Agreement, until the Completion Date.
Page 111 of 195
a.Start date: The Contractor shall commence the provision of Services on: Saturday,
September 6, 2025 at 6 p.m.
b.Completion Date: The Contractor shall complete the Services by Saturday, September 6,
2025 at I 0:30 p.m.
c.The City may terminate this Agreement for convenience at any time. Termination shall
be effective upon ten (10) days' written notice to the Contractor.
4.COMPENSATION. As consideration for the provision of the Services, the City agrees to
pay the Contractor as follows: a flat fee of $1,874.00. The City will pay a $937 deposit to
reserve the date of September 6, 2025. The deposit will be applied to the flat fee of $1,874.00
a.The Contractor shall submit a detailed written invoice to the City upon completion of the
Services.
b.Each invoice shall include in detail the hours worked and a description of the Services
performed.
c.The City shall pay the invoice within 35 days of receipt.
d.If the City objects to all or any portion of any invoice, the City shall notify the Contractor
of the dispute with ten (10) days from the date of receipt and shall pay that portion of the
invoice not in dispute.
5.INDEPENDENT CONTRACTOR RELATIONSHIP. It is expressly understood that the
Contractor is an "independent contractor" and not an employee of the City. The Contractor
shall have control over the manner in which the Services are performed under this Agreement.
The Contractor shall supply, at its own expense, all materials, supplies, equipment and tools
required to accomplish the Services contemplated by this Agreement. The Contractor shall
not be entitled to any benefits from the City, including, without limitation, insurance benefits,
sick and vacation leave, workers' compensation benefits, unemployment compensation,
disability, severance pay, or retirement benefits. Nothing in this Agreement shall be deemed
to constitute a partnership, joint venture or agency relationship between the Parties.
6.INSURANCE REQUIREMENTS. The Contractor, at its expense, shall procure and
maintain in force for the duration of this Agreement the following minimum insurance
coverages:
a.General Liability. The Contractor shall maintain Commercial General Liability Insurance
in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The
policy shall cover liability arising from premises, operations, products-completed
operations, personal injury, advertising injury, and contractually assumed liability. The
City, including its elected and appointed officials, employees, and agents, shall be
endorsed as additional insured.
b.Automobile Liability. If the Contractor operates a motor vehicle in performing the
Services under this Agreement, the Contractor shall maintain Business Automobile
Liability Insurance, including owned, hired, and non-owned automobiles, with a
minimum combined single liability limit of $1,000,000 per occurrence.
Page 112 of 195
c.Workers' Compensation. The Contractor shall maintain Workers' Compensation
insurance for all its employees in accordance with the statutory requirements of the State
of Minnesota. The Contractor shall also carry Employers' Liability Coverage with
minimum limits as follows:
•$500,000 -Bodily Injury by Disease per employee•$500,000-Bodily Injury by Disease aggregate•$500,000 -Bodily Injury by Accident
d.Additional Insurance Conditions.
1.The Contractor shall, prior to commencing the Services, deliver to the City a
Certificate of Insurance as evidence that the above coverages are in full force and
effect.
11.The insurance requirements may be met through any combination of primary and
umbrella/excess insurance. The City must be named as an additional insured on
any umbrella/excess policy.
m.The Contractor's policies shall be primary insurance and non-contributory to any
other valid and collectible insurance available to the City with respect to any claim
arising out of the Contractor's performance under this Agreement.
1v. The Contractor'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, or ten (10) days' written
notice for non-payment of premium.
v.Contractor agrees to maintain all coverage required herein throughout the term of
the Agreement and for a minimum of two (2) years following.
7.INDEMNIFICATION. To the fullest extent permitted by law, the Contractor agrees to
defend, indemnify and hold harmless the City, and its employees, officials, and agents from
and against all claims, actions, damages, losses and expenses, including reasonable attorney
fees, arising out of the Contractor's negligence or the Contractor's performance or failure to
perform its obligations under this Agreement. The Contractor's indemnification obligation
shall apply to the Contractor's subcontractor(s), or anyone directly or indirectly employed or
hired by the Contractor, or anyone for whose acts the Contractor may be liable. The
Contractor agrees this indemnity obligation shall survive the completion or termination of this
Agreement.
8.DOCUMENTS. All reports, plans, models, software, diagrams, analyses, and information
generated in connection with performance of this Agreement shall be the property of the City.
The City may use the information for its purposes. The City shall be the copyright owner.
The vesting of the City's ownership of the copyright in materials created by the Contractor
shall be contingent upon the City's fulfillment of its payment obligations hereunder. The
Contractor shall be allowed to use a description of the services provided hereunder, including
the name of the City, and photographs or renderings of any projects which develop from the
planning or other services provided by the Contractor, in the normal course of its marketing
activities.
Page 113 of 195
9.GENERAL PROVISIONS.
a.Entire Agreement. This Agreement supersedes any prior or contemporaneous
representations or agreements, whether written or oral, between the Parties and contains
the entire agreement.
b.Assignment. The Contractor may not assign this Agreement to any other person unless
written consent is obtained from the City.
c.Amendments. Any modification or amendment to this Agreement shall require a written
agreement signed by both Parties.
d.Prompt Payment of Subcontractors. Pursuant to Minn. Stat. § 471.425, subd. 4a, the
Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of
payment from the City for undisputed services provided by the subcontractor. The
Contractor must pay interest of one and one-half percent ( 1 ½ % ) per month or any part of
a month to subcontractor on any undisputed amount not paid on time to the subcontractor.
The minimum monthly interest penalty payment for an unpaid balance of $100.00 or
more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the
actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to
collect interest penalties from Contractor shall be awarded its costs and disbursements,
including attorney's fees, incurred in bringing the action.
e.Nondiscrimination. In the hiring of employees to perform work under this Agreement,
the Contractor shall not discriminate against any person by reason of any characteristic or
classification protected by state or federal law.
f.Governing Law. This Agreement shall be governed by and interpreted in accordance with
the laws of the State of Minnesota. All proceedings related to this Agreement shall be
venued in Dakota County, Minnesota.
g.Ownership of Documents. All reports, plans, specifications, data, maps, and other
documents produced by the Contractor in the performance of Services under this
Agreement shall be the property of the City. The City may use such information for its
purposes. The City shall be the copyright owner.
h.Government Data/Privacy. The Contractor agrees to abide by the applicable provisions of
the Minnesota Government Data Practices Act, Minnesota Statues, Chapter 13, and all
other applicable state or federal rules, regulations or orders pertaining to privacy or
confidentiality. The Contractor understands that all of the data created, collected,
received, stored, used, maintained or disseminated by the Contractor in performing those
functions that the City would perform is subject to the requirements of Chapter 13, and
the Contractor must comply with those requirements as if it were a government entity.
This does not create a duty on the part of the Contractor to provide the public with access
to public data if the public data is available from the City, except as required by the terms
of this Agreement.
i.Records. Contractor shall maintain complete and accurate records of time and expense
involved in the performance of services.
Page 114 of 195
j.Audits. Pursuant to Minn. Stat. Section 16C.05, subd. 5, the Contractor's books, records,
documents, and accounting procedures and practices that are relevant to this Agreement,
are subject to examination by the City and either the Legislative Auditor or the State
Auditor for a minimum of six years from the end of this Agreement.
k.Waiver. The waiver by either party of any breach or failure to comply with any provision
of this Agreement by the other Party shall not be construed as, or constitute a continuing
waiver of such provision or a waiver of any other breach of or failure to comply with any
other provision of this Agreement.
I.Third Party Reliance. This Agreement is intended for the mutual benefit of Parties hereto
and no third-party rights are intended or implied.
m.Notices. All notices and other communications pursuant to this Agreement must be
delivered via email or delivered by registered or certified mail, postage prepaid, or
delivered by hand at the addresses set forth below:
Notice to City: Kellee Omlid, Parks and Recreation Director
komlid@fanningtonmn.gov
430 Third Street, Farmington, MN 55024
Notice to Contractor:
n.Force Majeure. Except for payment of sums due, neither Party shall be liable to the other
or deemed in default under this Agreement, if and to the extent that Party's performance is
prevented by reason of force majeure. "Force majeure" includes war, an act of terrorism,
a pandemic or epidemic, fire, earthquake, flood and other circumstances which are
beyond the control and without the fault or negligence of the Party affected and which by
the exercise of reasonable diligence the Party affected was unable to prevent.
o.Savings Clause. If any court finds any portion of this Agreement to be contrary to law,
invalid, or unenforceable, the remainder of the Agreement will remain in full force and
effect.
p.Counterparts. This Agreement may be signed in counterparts, each of which shall be
deemed an original, and which taken together shall be deemed to be one and the same
document.
Tristan Waters
tristan@avforyou.com
3324 Winpark Dr. Crystal, MN 55427
Page 115 of 195
I ).1i,•d
"/ 0Dated: _J � I L . 2025.
< I I , 0 F I· \I{ i\ 11 'IJ < ; I O 'l
HY
fo<;hua I loyl. Mayor
AND ______________ _
Shirley R Bucckslcr, City Clerk
CONTRACTOR: AV FOR YOU
BY:/�------kr---1 r•s r-4n Wc,tr.::i l• Its !:> e O - ,'.;.,. Pr� ... • .. _ t (, •-• -
Page 116 of 195
Farmington Parks and Recreation
MN Exhibit A AV For You
3324 Winpark Drive
Crystal MN 55427
Rentals@avforyou.com
952-500-8839
www.AVforYou.com
Quotation: 9/6/25 Outdoor Movie at Distad Park
Order
Date
Our
Reference
Your
Reference
Rental
Period
Setup
Use
Takedown
01-29-2025
24625
09-06-2025 6:00 PM to 09-
06-2025 10:30 PM
09-06-2025 6:00 PM to 09-
06-2025 6:00 PM
09-06-2025 7:00 PM to 09-
06-2025 10:30 PM
09-06-2025 10:30 PM to 09-
06-2025 10:30 PM
Quote
Valid
Until
Delivery Address 07-04-2025
3:45 PM Distad Park
18200 Dunbury Ave
Farmington MN 55024
Collection Address
Distad Park
18200 Dunbury Ave
Farmington MN 55024
Item Type Quantity Days Price Discount Total
Projection -Dusk Approx. 7:30pm
8.3' x 10.5' Outdoor Inflatable Screen (16:9 Format)
50 lb. Sandbag (accessory)
Sony VPL-PHZ50.B WUXGA Laser LCD Projector (Device)
Projector Stand (Da-Lite Deluxe "Project-O-Stand")
Projector Stand Skirting
Panasonic DMP-BD75 Blu-Ray DVD Player
Rental 1.0 150.00
Rental 8 1.0 5.00
Rental 1.0 250.00
Rental 1.0 10.00
Rental 1.0 10.00
Rental 1.0 20.00
Total for Projection -Dusk Approx. 7:30pm: $480.00
150.00
40.00
250.00
10.00
10.00
20.00
Page 117 of 195
Farmington Parks and Recreation
MN
Quotation: 9/6/25 Outdoor Movie at Distad Park
AV For You
3324 Winpark Drive
Crystal MN 55427
Rentals@avforyou.com
952-500-8839
www.AVforYou.com
Item Type Quantity Days Price Discount Total
Audio
JBL VRX932 Line Array Speaker Rental 4 1.0 60.00 240.00
Speaker Stand (accessory) Rental 4 1.0 0.00 0.00
Mackie DFX6 Stereo 4 Channel Mixer Rental 1.0 20.00 20.00
A/V Interface Direct Box Rental 1.0 5.00 5.00
Total for Audio: $265.00
Power
Honda EU7000iS 7000 Watt Portable Inverter Generator Rental 1.0 300.00 300.00
L-14-30 30 Amp 3 Prong Twist Lock Plug to Edison Breakout Rental 1.0 0.00 0.00
Cable (accessory)
Total for Power: $300.00
Safety
Zoro Single Track Cable Ramp Rental 6 1.0 5.00 30.00
Total for Safety: $30.00
BACKUP
Panasonic DMP-BD871 Blu-Ray DVD Player Rental 1.0 20.00 100% 0.00
Sony VPL-PHZ50.B WUXGA Laser LCD Projector (Device) Rental 1.0 250.00 100% 0.00
Avedio HDMI 1 x2 DA Rental 1.0 5.00 100% 0.00
Total for BACKUP: $0.00
Page 118 of 195
Farmington Parks and Recreation
MN
AV For You
3324 Winpark Drive
Crystal MN 55427
Rentals@avforyou.com
952-500-8839
www.AVforYou.com
Quotation: 9/6/25 Outdoor Movie at Distad Park
Item Type Quantity Days Price Discount Total
Crew
Technician
Setup 6pm, Onsite 7pm-10:30pm, Strike 10:30pm
Mileage
70 Miles Roundtrip
Rental charges
Sale charges
Service charges
$1,075.00
$0.00
$799.00
Service 2x5
Hours
Service 1 X 70
miles
Discount total
Charge total
Tax total
Charge and tax total
75.00 750.00
0.70 49.00
Total for Crew: $799.00
$275.00
$1,874.00
$0.00
$1,874.00
Page 119 of 195
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Donation from Nancy and David Toensing to the Parks and Recreation
Department
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
Nancy and David Toensing recently gave a donation to the Parks and Recreation Department.
DISCUSSION:
Nancy and David Toensing made a generous donation of $100 to the Parks and Recreation
Department for future wood duck house maintenance. Their son, Quinn Toensing, recently
completed an Eagle Scout project with his Boy Scout Troop 119 to build 18 wood duck houses.
Quinn and Boy Scout Troop 119 also installed 10 of the 18 wood duck houses in parks and natural
areas. The remaining eight (8) will be installed by City Staff to replace other wood duck houses in
disrepair. The donated money will be placed in the Park Improvement Fund.
Staff will express the City’s appreciation on behalf of the City Council to Nancy and David Toensing
for this generous donation.
ACTION REQUESTED:
Adopt Resolution 2025-026 Accepting a Donation of $100 from Nancy and David Toensing - to the
Parks and Recreation Department.
ATTACHMENTS:
2025-026 Accepting $100 from Nancy and David Toensing
Page 120 of 195
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2025-026
A RESOLUTION ACCEPTING
A DONATION OF $100 FROM NANCY AND DAVID TOENSING
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:
Nancy and David Toensing have donated $100 to the Parks and Recreation
Department; and
WHEREAS, it is in the best interest of the City to accept this donation.
NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City
Council hereby accept with gratitude the generous donation of $100 from Nancy and David
Toensing to the Parks and Recreation Department.
Adopted by the City Council of the City of Farmington, Minnesota, this 7th day of April 2025.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 121 of 195
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Kellee Omlid, Parks & Recreation Director
Department: Parks & Recreation
Subject: Professional Services Agreement with INSPEC for Roofing Consultation Services
for Fire Station #1 Reroof Project
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
Fire Station #1 has three roof levels and a Kalwall skylight (Kalwall). The roofs and Kalwall are 20+
years old and have active leakage consistent with the age and system type. Thus, Fire Station #1
needs a roof and skylight replacement. Staff is proposing to hire INSPEC to provide roofing
consultation services for the reroof project.
DISCUSSION:
During the Facility Condition Assessments, Kraus-Anderson identified a necessary roof
replacement at Fire Station #1 to include a full roof and Kalwell replacement. This project was
included in the approved Capital Improvement Plan (CIP) to be completed in 2025.
Parks and Recreation Staff reached out to Kraus-Anderson for a recommendation for an
engineering firm to assist the City with design services including construction documents, bidding
administration, and construction administration. INSPEC was the recommendation; City Staff met
with INSPEC at Fire Station #1 and had a follow-up virtual meeting to review the project scope and
their proposal to complete the roof replacement. INSPEC has worked with the Farmington School
District for decades on their facility roofing projects and they have been pleased with their work and
responsiveness.
Attached is the Professional Services Agreement with INSPEC which includes the proposal to
complete the roofing consultation services. The proposal includes design services, construction
documents, bid process, and construction administration. Design services include verifying existing
roof system conditions using exploratory test openings using INSPEC staff and a roofing contractor.
The City Attorney reviewed the attached Professional Services Agreement and INSPEC’s terms in
their proposal and found them to be acceptable.
BUDGET IMPACT:
The cost for INSPEC roofing consultation services is $59,700 which includes design services,
construction documents, bid process, and construction administration. In addition, there will be
reimbursable expenses for Hazardous Materials (asbestos) for $2,500, Minnesota Department of
Labor and Industry fees for $2,300, and Roofing Contractor Assistance for $5,500. Thus, a lump
Page 122 of 195
sum fee not to exceed $70,000 inclusive of reimbursable expenses will be paid to INSPEC. The
cost of these professional services INSPEC will be providing to the City will be funded through the
Building Maintenance Fund.
ACTION REQUESTED:
Approve the attached Professional Services Agreement with INSPEC for roofing consultation
services for the Fire Station #1 reroof project.
ATTACHMENTS:
Professional Services Agreement - INSPEC
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Page 139 of 195
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Gary Rutherford, Police Chief
Department: Police
Subject: Professional Services Agreement with Bolton & Menk, Inc. for Topographic Survey
Services – Farmington Police Security Fence
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
The City is planning security enhancements at the Farmington Police Department, which includes
the installation of a security fence. In preparation for this project, the City requires topographic and
boundary survey services, as well as wetland delineation to ensure compliance with regulatory
requirements. The City received bids from 3 companies for these services. Based on these bid
proposals, we have engaged Bolton & Menk with a Professional Services Agreement. The scope
includes survey work in compliance with detailed specifications and mapping requirements, as well
as a Level 2 Wetland Delineation Report or a No Wetland Memo, depending on site findings.
DISCUSSION:
Bolton & Menk’s scope of services includes:
Completion of a topographic and boundary survey per attached specifications.
Wetland review and delineation (if applicable), including report preparation.
Preparation of digital and hardcopy deliverables, including AutoCAD files and survey maps.
Coordination of utility locates via Gopher One Call and a private utility locator.
Project deliverables within approximately 20 business days of authorization to proceed.
BUDGET IMPACT:
Bolton & Menk has proposed a lump sum fee for survey and wetland services:
Topographic and Boundary Survey: $8,400.00
Wetland Services:
• If wetlands are present: $2,800.00
• If no wetlands are present: $2,000.00
Funding for these services will be allocated from FY 2024 Community Project Funding Grant,
approved by the City Council on December 2, 2024.
ACTION REQUESTED:
Approve the Professional Services Agreement with Bolton & Menk for the completion of surveying
services for the Police Department security fence project.
Page 140 of 195
ATTACHMENTS:
BMI Survey Proposal
BMI Professional Services Agreement
Page 141 of 195
//
7
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ab
l
e
s
wi
l
l
in
c
l
u
d
e
al
l
it
e
m
s
ou
t
l
i
n
e
d
un
d
e
r
Se
c
t
i
o
n
De
l
i
v
er
a
b
l
es
”
inth
e
at
t
a
c
h
e
d
Ex
h
i
b
i
t
B
(To
p
o
g
r
ap
h
i
c
Su
r
v
e
ySp
e
c
i
?
c
a
t
i
o
n
s
).
Bo
l
t
o
n
Me
nk
,
In
c
.
wi
l
l
co
m
p
l
e
t
e
th
e
ne
c
e
s
s
a
r
y
we
t
l
a
n
d
s e r v i c e sou
t
l
i
n
e
d
inth
e
at
t
a
c
h
e
d
We
t
l
a
n
d
Sc
o
p
e
of
Se
r
v
ic
e
s
.
B ol
to n
&Me
n
k
,
ln
c
’
s
lu
m
p
su
m
fe
e
fo
r
th
e
ab
o
v
e
-
d
e
s
c
r
i
b
e
d
Sc
o
p
e
ofWo
r
k
isas
fo
l
l
o
w
s
:
S C O P E
OFWO
R
K
D E L I V E
T as k
1—To
p
o
g
r
ap
h
i
c
Su
r
v
e
y
T a s k
2-We
t
l
a
n
dSe
r
v
i
c
e
s
F E
Page 143 of 195
Su
b
m
i
t
te
d
byBo
l
t
o
n
&Me
n
k
,
In
c
.
N:
\Pr
o
p
o
s
al
s
\SS
u
r
v
e
y \Bu
r
n
s
v
i/
I
e
\2
0
2
5
\Pl
y
m
o
ut
h
Of
f
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e
\
F
a
r
m
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t
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l
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\
P
r
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Pr
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(
F
a
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m
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t
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c
u
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p
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nt
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n
t
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k
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o
w
l
e
d
g
e
s
th
a
t
itisle
g
a
l
l
y
au
t
h
o
r
i
z
e
d
re
p
r
e
s
e
n
t
a
t
i
v
e
of
th
e
pr
o
p
e
r
t
y
ow
n
e
r
wi
t
h
su
f
?
c
i
e
n
t
in
t
e
r
e
s
t
a n d
au
th or
it ytoen
t
e
r
in
t
o
th
i
s
ag
r
e
e
m
e
n
t
fo
r
th
e
pu
r
p
o
s
e
s
ofma
k
i
n
g
im
p
r
o
v
e
m
e
n
t
s
toan
d
up
o
n
th
e
pr
o
p
e
r
t
y
.
Bo
l
t
o
n
&
Me
n
k
,
In
c
.
an d
ag
r
e
e
toth
e
Te
r
m
s
an
d
Co
n
d
i
t
i
o
n
s
asst
a
t
e
d
ab
o
v
e
an
d
on
th
e
re
v
e
r
s
e
si
d
e
of
th
i
s
Ag
r
e
e
m
e
n
t
.
Th
e
un
d
e
r
s
i
gn
e
d
re
p
r
es
e
n
tsth
a
t
itisth
e
Cl
i
e
n
t
orha
s
be
e
n
au
t
h
o
r
i
z
e
d
toac
c
e
p
t
th
i
s
Ag
r
e
e
m
e
n
t
onbe
h
a
l
f
of
th
e
Cl
i
e
n
t
.
Un
l
e
s
s
al
s
o
e x e c u te d
by
ape
r
s
o
n
(
s
)
or?m
i
gu
a
r
a
n
t
e
e
i
n
g
pa
y
m
e
n
t
,
th
e
un
d
e
r
s
i
g
n
e
d
ac
c
e
p
t
s
?n
a
n
c
i
a
l
re
s
p
o
n
s
i
b
i
l
i
t
y
fo
r
al
l
se
r
v
ic
e
s
an
d
co
s
t
s
of
co
l
l
e
c
t
i
o
n
in
c
u
r
r
e
d
byBo
l
t
o
n
&Me
n
k
,
In
c
.
,
in
c
l
u
d
i
n
g
re
a
s
o
n
a
b
l
e
at
t
o
r
n
e
y
’
s
fe
e
s
,
in
th
e
ev
e
n
t
of
de
f
a
ul
t
by
th
e
Cl
i
e
n
t
.
Bo
l
t
o
n
&
Me
n
k
,
In c.
h a sth
e
st
a
f
f
tome
e
t
an
y
re
a
s
o
n
a
b
l
e
ti
m
e
fr
a
m
e
.
We
ex
p
e
c
t
th
e
pr
e
l
i
m
i
n
a
r
y
su
r
v
e
y
wi
l
l
bede
l
i
v
e
r
e
d
wi
t
h
i
n
ap
p
r
o
x
i
m
a
t
el
y
10bu
s
i
n
es
s
da
y
s
an
d
th
e
fi
n
a
l
co
m
p
l
e
t
e
su
r
v
e
y
wi
l
l
bede
l
i
v
e
r
e
d
wi
t
h
i
n
ap
p
r
o
x
i
m
a
t
e
l
y
20bu
s
i
n
e
s
s
da
y
s
,
af
t
e
r
au
t
h
o
r
i
z
at
i
o
n
topr
o
c
e
e
d
.
(N
o
t
e
Go
p
h
e
r
St
a
t
e
Ca
l
l
pr
o
v
i
d
e
s
4bu
s
i
n
e
s
s
da
y
s
fo
r
ut
i
l
i
t
y
co
m
p
a
n
i
e
s
toma
r
k
th
e
i
r
ut
i
l
i
t
i
e
s
inth
e
?e
l
d
al
o
n
g
wi
t
/
1
15
bu
s
i
n
e
s
s
da
y
s
fo r
u ti li t yco
m
p
a
n
ie
s
tose
n
d
us
th
e
i
r
ut
i
l
i
t
y
ma
p
s
.
Th
e
re
q
u
e
s
t
fo
r
ma
p
s
wi
l
l
be
su
b
m
i
t
t
e
d
af
t
e
r
th
e
fi
e
l
d
ma
r
k
i
n
g
re
q
u
e
s
t
cl ea
rs
.
)
ép
n
m
IZ u-
n —hl
?
?a
?
b
-Po
m
c
i
CH
I
L
F
‘h
:%
21
d
[d
o
c
g
j
’
A P P R O V A L S
AN
D
SI
G
N
A
T
U
R
E
S
P r m t
Na me
/
Ti
t
l
e
S i
n a t u r e aDa
t
e
A cc ep
te d
by
:
Page 144 of 195
Te
r
m
s
of
Pr
o
p
o
s
a
l
Bo
l
t
o
n
&
Me
n
k
,
In
c
.
Th
e
ac
c
o
m
p
a
n
y
i
n
g
Pr
o
p
o
s
a
l
(h
e
r
e
i
n
a
f
t
e
r
re
f
e
r
r
e
d
to
as
"P
r
o
p
o
s
a
l
"
)
is
su
b
j
e
c
t
to
th
e
fo
l
l
o
w
i
n
g
te
r
m
s
an
d
co
n
d
i
t
i
o
n
s
.
Th
e
s
e
Te
r
m
s
of
Pr
o
p
o
s
a
l
(h
e
r
e
i
n
a
f
t
e
r
re
f
e
r
r
e
d
to
as
"T
e
r
m
s
"
)
ar
e
an
in
t
e
g
r
a
l
pa
r
t
of
th
e
ac
c
o
m
p
a
n
y
i
n
g
Pr
o
p
o
s
a
l
as
if
st
a
t
e
d
di
r
e
c
t
l
y
th
e
r
e
i
n
.
No
ch
a
n
g
e
or
de
v
i
a
t
i
o
n
fr
o
m
th
e
s
e
Te
r
m
s
wi
l
l
be
bi
n
d
i
n
g
wi
t
h
o
u
t
th
e
wr
i
t
t
e
n
ap
p
r
o
v
a
l
of
Bo
l
t
o
n
&
Me
n
k
,
In
c
.
(B
M
I
)
.
Su
c
h
ch
a
n
g
e
s
ma
y
re
q
u
i
r
e
an
ad
j
u
s
t
m
e
n
t
in
th
e
pr
o
p
o
s
e
d
fe
e
,
sc
h
e
d
u
l
e
,
or
sc
o
p
e
of
Pr
o
p
o
s
a
l
.
A.
Se
r
v
i
c
e
s
:
BM
I
pr
o
p
o
s
e
s
to
pe
r
f
o
r
m
th
e
se
r
v
i
c
e
s
ou
t
l
i
n
e
d
in
th
e
Pr
o
p
o
s
a
l
fo
r
th
e
st
a
t
e
d
fe
e
ar
r
a
n
g
e
m
e
n
t
.
Ch
a
n
g
e
s
re
q
u
i
r
e
d
by
th
e
Cl
i
e
n
t
or
ot
h
e
r
co
n
t
r
o
l
l
i
n
g
en
t
i
t
i
e
s
(r
e
g
u
l
a
t
o
r
y
ag
e
n
c
i
e
s
,
co
n
t
r
a
c
t
o
r
s
,
co
u
r
t
s
,
et
c
.
)
fr
o
m
th
e
sc
o
p
e
or
sc
h
e
d
u
l
e
of
se
r
v
i
c
e
s
de
s
c
r
i
b
e
d
in
th
e
Pr
o
p
o
s
a
l
ar
e
"A
d
d
i
t
i
o
n
a
l
Se
r
v
i
c
e
s
”
an
d
wi
l
l
be
in
v
o
i
c
e
d
on
an
ho
u
r
l
y
ba
s
i
s
in
ad
d
i
t
i
o
n
to
th
e
st
a
t
e
d
fe
e
ar
r
a
n
g
e
m
e
n
t
.
B.
In
f
o
r
m
a
t
i
o
n
fr
o
m
Cl
i
e
n
t
:
Un
l
e
s
s
ot
h
e
r
w
i
s
e
st
a
t
e
d
,
Cl
i
e
n
t
ag
r
e
e
s
to
pr
o
v
i
d
e
BM
I
wi
t
h
al
l
si
t
e
in
f
o
r
m
a
t
i
o
n
ne
c
e
s
s
a
r
y
to
co
m
p
l
e
t
e
th
e
pr
o
p
o
s
e
d
se
r
v
i
c
e
s
.
Th
i
s
in
f
o
r
m
a
t
i
o
n
sh
o
u
l
d
in
c
l
u
d
e
cu
r
r
e
n
t
si
t
e
pr
o
p
e
r
t
y
de
s
c
r
i
p
t
i
o
n
s
(f
r
o
m
ab
s
t
r
a
c
t
,
ti
t
l
e
op
i
n
i
o
n
or
ti
t
l
e
co
m
m
i
t
m
e
n
t
)
;
ot
h
e
r
le
g
a
l
do
c
u
m
e
n
t
s
af
f
e
c
t
i
n
g
th
e
si
t
e
;
co
p
i
e
s
of
pr
e
v
i
o
u
s
su
r
v
e
y
s
,
ma
p
s
,
ut
i
l
i
t
y
lo
c
a
t
e
s
,
en
g
i
n
e
e
r
i
n
g
st
u
d
i
e
s
an
d
pl
a
n
s
;
ex
i
s
t
i
n
g
or
re
q
u
i
r
e
d
so
i
l
s
an
d
ge
o
t
e
c
h
n
i
c
a
l
re
p
o
r
t
s
;
go
v
e
r
n
m
e
n
t
a
l
,
re
g
u
l
a
t
o
r
y
an
d
ut
i
l
i
t
y
re
v
i
e
w
s
an
d
de
t
e
r
m
i
n
a
t
i
o
n
s
;
an
d
al
l
ot
h
e
r
pe
r
t
i
n
e
n
t
in
f
o
r
m
a
t
i
o
n
.
BM
I
ma
y
re
l
y
on
ac
c
u
r
a
c
y
of
Cl
i
e
n
t
pr
o
v
i
d
e
d
in
f
o
r
m
a
t
i
o
n
.
Cl
i
e
n
t
sh
a
l
l
pr
o
m
p
t
l
y
in
f
o
r
m
BM
I
of
an
y
al
l
e
g
e
d
de
f
e
c
t
s
in
th
e
se
r
v
i
c
e
s
.
C.
Ac
c
e
s
s
to
Si
t
e
:
Un
l
e
s
s
ot
h
e
r
w
i
s
e
st
a
t
e
d
,
Cl
i
e
n
t
ag
r
e
e
s
to
pr
o
v
i
d
e
BM
I
wi
t
h
ac
c
e
s
s
to
th
e
si
t
e
,
in
c
l
u
d
i
n
g
ad
j
o
i
n
i
n
g
pr
o
p
e
r
t
i
e
s
,
fo
r
ac
t
i
v
i
t
i
e
s
ne
c
e
s
s
a
r
y
fo
r
th
e
pe
r
f
o
r
m
a
n
c
e
of
se
r
v
i
c
e
s
.
It
is
un
d
e
r
s
t
o
o
d
th
a
t
in
th
e
no
r
m
a
l
co
u
r
s
e
of
wo
r
k
,
un
a
v
o
i
d
a
b
l
e
pr
o
p
e
r
t
y
da
m
a
g
e
ma
y
oc
c
u
r
du
e
to
ex
c
a
v
a
t
i
o
n
s
,
tr
e
e
an
d
br
u
s
h
tr
i
m
m
i
n
g
,
ma
r
k
i
n
g
li
n
e
s
,
et
c
.
BM
I
wi
l
l
ta
k
e
re
a
s
o
n
a
b
l
e
pr
e
c
a
u
t
i
o
n
s
to
mi
n
i
m
i
z
e
da
m
a
g
e
du
e
to
it
s
ac
t
i
v
i
t
i
e
s
.
Th
e
co
s
t
to
co
r
r
e
c
t
re
s
u
l
t
i
n
g
da
m
a
g
e
ha
s
no
t
be
e
n
in
c
l
u
d
e
d
in
th
e
fe
e
an
d
th
e
Cl
i
e
n
t
ag
r
e
e
s
to
re
i
m
b
u
r
s
e
BM
I
fo
r
an
y
co
s
t
s
as
s
o
c
i
a
t
e
d
wi
t
h
re
q
u
i
r
e
d
re
s
t
o
r
a
t
i
o
n
wo
r
k
.
D.
St
a
n
d
a
r
d
of
Ca
r
e
:
Pr
o
f
e
s
s
i
o
n
a
l
se
r
v
i
c
e
s
pr
o
v
i
d
e
d
un
d
e
r
th
i
s
Ag
r
e
e
m
e
n
t
wi
l
l
be
co
n
d
u
c
t
e
d
in
a
ma
n
n
e
r
co
n
s
i
s
t
e
n
t
wi
t
h
th
a
t
le
v
e
l
of
ca
r
e
an
d
sk
i
l
l
or
d
i
n
a
r
i
l
y
ex
e
r
c
i
s
e
d
by
me
m
b
e
r
s
of
BM
l
’
s
pr
o
f
e
s
s
i
o
n
cu
r
r
e
n
t
l
y
pr
a
c
t
i
c
i
n
g
un
d
e
r
si
m
i
l
a
r
co
n
d
i
t
i
o
n
s
.
BM
I
ma
k
e
s
no
wa
r
r
a
n
t
i
e
s
,
ex
p
r
e
s
s
e
d
or
im
p
l
i
e
d
,
or
ot
h
e
r
w
i
s
e
wi
t
h
re
s
p
e
c
t
to
an
y
se
r
v
i
c
e
s
pe
r
f
o
r
m
e
d
or
fu
r
n
i
s
h
e
d
.
be
l
i
e
f
s
av
a
i
l
a
b
l
e
to
BM
I
at
th
e
ti
m
e
of
ce
r
t
i
f
i
c
a
t
i
o
n
.
Su
c
h
ce
r
t
i
f
i
c
a
t
i
o
n
s
ar
e
no
t
in
t
e
n
d
e
d
as
an
d
sh
a
l
l
no
t
be
co
n
s
t
r
u
e
d
as
a
gu
a
r
a
n
t
e
e
or
wa
r
r
a
n
t
y
.
BM
I
sh
a
l
l
no
t
be
re
q
u
i
r
e
d
to
ce
r
t
i
f
y
th
e
ex
i
s
t
e
n
c
e
of
co
n
d
i
t
i
o
n
s
wh
o
s
e
ex
i
s
t
e
n
c
e
BM
I
ca
n
n
o
t
re
a
s
o
n
a
b
l
y
as
c
e
r
t
a
i
n
.
F.
Ut
i
l
i
t
i
e
s
:
Un
l
e
s
s
ot
h
e
r
w
i
s
e
ex
p
l
i
c
i
t
l
y
st
a
t
e
d
in
th
e
pr
o
p
o
s
a
l
,
if
ut
i
l
i
t
y
su
r
v
e
y
s
ar
e
in
c
l
u
d
e
d
in
sc
o
p
e
of
se
r
v
i
c
e
s
,
ut
i
l
i
t
i
e
s
wi
l
l
be
lo
c
a
t
e
d
fr
o
m
av
a
i
l
a
b
l
e
ut
i
l
i
t
y
re
c
o
r
d
s
,
ut
i
l
i
t
y
co
m
p
a
n
y
lo
c
a
t
e
s
an
d
su
r
f
a
c
e
ev
i
d
e
n
c
e
of
un
d
e
r
g
r
o
u
n
d
im
p
r
o
v
e
m
e
n
t
s
.
So
m
e
su
b
s
u
r
f
a
c
e
im
p
r
o
v
e
m
e
n
t
s
ma
y
no
t
be
di
s
c
l
o
s
e
d
by
su
c
h
me
t
h
o
d
s
an
d
Cl
i
e
n
t
as
s
u
m
e
s
re
s
p
o
n
s
i
b
i
l
i
t
y
fo
r
ex
p
l
o
r
a
t
o
r
y
ex
c
a
v
a
t
i
o
n
s
an
d
ot
h
e
r
wo
r
k
to
as
s
u
r
e
ut
i
l
i
t
y
lo
c
a
t
i
o
n
s
.
BM
I
as
s
u
m
e
s
no
li
a
b
i
l
i
t
y
fo
r
ma
t
t
e
r
s
ar
i
s
i
n
g
fr
o
m
su
b
s
u
r
f
a
c
e
ut
i
l
i
t
i
e
s
th
a
t
va
r
y
fr
o
m
lo
c
a
t
i
o
n
s
de
p
i
c
t
e
d
on
pr
e
v
i
o
u
s
pl
a
n
s
or
lo
c
a
t
e
s
pr
o
v
i
d
e
d
by
Cl
i
e
n
t
or
ut
i
l
i
t
y
co
m
p
a
n
i
e
s
.
G.
Pr
o
i
e
c
t
Ap
p
r
o
v
a
l
:
Du
e
to
si
t
e
li
m
i
t
a
t
i
o
n
s
,
co
d
e
in
t
e
r
p
r
e
t
a
t
i
o
n
,
re
g
u
l
a
t
o
r
y
re
v
i
e
w
s
,
po
l
i
t
i
c
a
l
co
n
s
i
d
e
r
a
t
i
o
n
s
,
an
d
Cl
i
e
n
t
di
r
e
c
t
e
d
de
s
i
g
n
an
d
im
p
r
o
v
e
m
e
n
t
s
;
BM
I
ma
k
e
s
no
re
p
r
e
s
e
n
t
a
t
i
o
n
s
as
to
ac
c
e
p
t
a
b
i
l
i
t
y
or
ap
p
r
o
v
a
b
i
l
i
t
y
of
th
e
pr
o
j
e
c
t
,
or
,
zo
n
i
n
g
re
q
u
e
s
t
s
,
pe
r
m
i
t
ap
p
l
i
c
a
t
i
o
n
s
,
si
t
e
an
d
de
v
e
l
o
p
m
e
n
t
pl
a
n
s
,
pl
a
t
s
an
d
si
m
i
l
a
r
do
c
u
m
e
n
t
s
.
Cl
i
e
n
t
’
s
ob
l
i
g
a
t
i
o
n
fo
r
pa
y
m
e
n
t
of
fe
e
s
ow
e
d
BM
I
is
no
t
co
n
t
i
n
g
e
n
t
up
o
n
pr
o
j
e
c
t
ap
p
r
o
v
a
l
.
H.
Op
i
n
i
o
n
s
or
Es
t
i
m
a
t
e
s
of
Pr
o
j
e
c
t
Co
s
t
s
:
Wh
e
r
e
in
c
l
u
d
e
d
as
pa
r
t
of
pr
o
j
e
c
t
sc
o
p
e
or
ot
h
e
r
w
i
s
e
,
op
i
n
i
o
n
s
or
es
t
i
m
a
t
e
s
of
pr
o
j
e
c
t
co
s
t
wi
l
l
ge
n
e
r
a
l
l
y
be
ba
s
e
d
up
o
n
pu
b
l
i
c
co
n
s
t
r
u
c
t
i
o
n
co
s
t
in
f
o
r
m
a
t
i
o
n
.
Si
n
c
e
BM
I
ha
s
no
co
n
t
r
o
l
ov
e
r
th
e
co
s
t
of
la
b
o
r
,
ma
t
e
r
i
a
l
s
,
co
m
p
e
t
i
t
i
v
e
bi
d
d
i
n
g
pr
o
c
e
s
s
,
we
a
t
h
e
r
co
n
d
i
t
i
o
n
s
an
d
ot
h
e
r
fa
c
t
o
r
s
af
f
e
c
t
i
n
g
th
e
co
s
t
of
co
n
s
t
r
u
c
t
i
o
n
,
al
l
co
s
t
es
t
i
m
a
t
e
s
ar
e
op
i
n
i
o
n
s
fo
r
ge
n
e
r
a
l
in
f
o
r
m
a
t
i
o
n
of
th
e
Cl
i
e
n
t
an
d
BM
I
do
e
s
no
t
wa
r
r
a
n
t
or
gu
a
r
a
n
t
e
e
th
e
ac
c
u
r
a
c
y
of
co
n
s
t
r
u
c
t
i
o
n
co
s
t
op
i
n
i
o
n
s
or
es
t
i
m
a
t
e
s
.
Pr
o
j
e
c
t
fi
n
a
n
c
i
n
g
sh
o
u
l
d
be
ba
s
e
d
up
o
n
ac
t
u
a
l
,
co
n
t
r
a
c
t
e
d
co
n
s
t
r
u
c
t
i
o
n
co
s
t
s
wi
t
h
ap
p
r
o
p
r
i
a
t
e
co
n
t
i
n
g
e
n
c
i
e
s
.
I.
Co
n
s
t
r
u
c
t
i
o
n
Ph
a
s
e
Se
r
v
i
c
e
s
:
Cl
i
e
n
t
is
no
t
i
f
i
e
d
th
a
t
BM
I
sh
a
l
l
no
t
be
re
s
p
o
n
s
i
b
l
e
fo
r
me
a
n
s
,
me
t
h
o
d
s
,
te
c
h
n
i
q
u
e
s
,
se
q
u
e
n
c
e
s
,
or
pr
o
c
e
d
u
r
e
s
of
co
n
s
t
r
u
c
t
i
o
n
se
l
e
c
t
e
d
by
an
y
co
n
t
r
a
c
t
o
r
em
p
l
o
y
e
d
on
th
e
pr
o
j
e
c
t
no
r
fo
r
th
e
sa
f
e
t
y
pr
e
c
a
u
t
i
o
n
s
or
pr
o
g
r
a
m
s
in
c
i
d
e
n
t
to
th
e
wo
r
k
of
an
y
co
n
t
r
a
c
t
o
r
.
I.
Ow
n
e
r
s
h
i
p
an
d
Al
t
e
r
a
t
i
o
n
of
Do
c
u
m
e
n
t
s
:
Al
l
do
c
u
m
e
n
t
s
,
in
c
l
u
d
i
n
g
re
p
o
r
t
s
,
dr
a
w
i
n
g
s
,
fi
e
l
d
da
t
a
,
no
t
e
s
,
pl
a
n
s
,
sp
e
c
i
f
i
c
a
t
i
o
n
s
an
d
do
c
u
m
e
n
t
s
or
el
e
c
t
r
o
n
i
c
me
d
i
a
pr
e
p
a
r
e
d
or
fu
r
n
i
s
h
e
d
by
BM
I
un
d
e
r
th
i
s
ag
r
e
e
m
e
n
t
re
m
a
i
n
th
e
pr
o
p
e
r
t
y
of
BM
I
.
Up
o
n
pa
y
m
e
n
t
of
al
l
am
o
u
n
t
s
ow
e
d
,
th
e
Cl
i
e
n
t
is
gr
a
n
t
e
d
a
li
m
i
t
e
d
li
c
e
n
s
e
to
BM
I
’
s
su
b
m
i
t
t
a
l
s
fo
r
Cl
i
e
n
t
’
s
re
a
s
o
n
a
b
l
e
us
e
an
d
pa
r
t
i
e
s
on
ot
h
e
r
pr
o
j
e
c
t
s
or
al
t
e
r
a
t
i
o
n
by
ot
h
e
r
s
wi
t
h
o
u
t
th
e
wr
i
t
t
e
n
co
n
s
e
n
t
of
BM
I
.
El
e
c
t
r
o
n
i
c
me
d
i
a
ma
y
be
fu
r
n
i
s
h
e
d
fo
r
co
n
v
e
n
i
e
n
c
e
of
Cl
i
e
n
t
;
ho
w
e
v
e
r
,
on
l
y
si
g
n
e
d
an
d
ce
r
t
i
f
i
e
d
pa
p
e
r
co
p
i
e
s
of
su
b
m
i
t
t
a
l
s
ma
y
be
re
l
i
e
d
up
o
n
as
do
c
u
m
e
n
t
a
t
i
o
n
of
pr
o
f
e
s
s
i
o
n
a
l
se
r
v
i
c
e
s
pr
o
v
i
d
e
d
.
K.
Bi
l
l
i
n
g
s
an
d
Pa
y
m
e
n
t
s
:
In
v
o
i
c
e
s
fo
r
BM
l
’
s
se
r
v
i
c
e
s
sh
a
l
l
be
su
b
m
i
t
t
e
d
,
at
BM
l
'
s
op
t
i
o
n
,
ei
t
h
e
r
up
o
n
co
m
p
l
e
t
i
o
n
of
su
c
h
se
r
v
i
c
e
s
or
on
a
mo
n
t
h
l
y
ba
s
i
s
.
Un
l
e
s
s
cr
e
d
i
t
to
Cl
i
e
n
t
is
ap
p
r
o
v
e
d
,
pa
y
m
e
n
t
is
du
e
up
o
n
re
c
e
i
p
t
of
se
r
v
i
c
e
s
an
d
de
l
i
v
e
r
a
b
l
e
s
.
If
,
at
so
l
e
di
s
c
r
e
t
i
o
n
of
BM
I
,
cr
e
d
i
t
is
ad
v
a
n
c
e
d
to
Cl
i
e
n
t
,
in
v
o
i
c
e
s
sh
a
l
l
be
du
e
an
d
pa
y
a
b
l
e
wi
t
h
i
n
30
da
y
s
af
t
e
r
th
e
in
v
o
i
c
e
da
t
e
.
If
th
e
in
v
o
i
c
e
is
no
t
pa
i
d
wi
t
h
i
n
30
da
y
s
,
BM
I
ma
y
,
Te
rm s
of
Pr
o
p
o
s
al
—Li
m
i
t
e
d
Ge
n
e
r
a
l
Sc
o
p
e
MN
M ar ch
17,20
2
5
Pa ge
1of
2
Page 145 of 195
wi
t
h
o
u
t
wa
i
v
i
n
g
an
y
cl
a
i
m
or
ri
g
h
t
ag
a
i
n
s
t
th
e
Cl
i
e
n
t
,
an
d
wi
t
h
o
u
t
li
a
b
i
l
i
t
y
wh
a
t
s
o
e
v
e
r
to
th
e
Cl
i
e
n
t
,
te
r
m
i
n
a
t
e
th
e
pe
r
f
o
r
m
a
n
c
e
of
it
s
se
r
v
i
c
e
s
.
BM
I
re
s
e
r
v
e
s
th
e
ri
g
h
t
to
wi
t
h
h
o
l
d
an
y
de
l
i
v
e
r
a
b
l
e
s
un
t
i
l
al
l
un
p
a
i
d
fe
e
s
ar
e
pa
i
d
in
fu
l
l
.
Am
o
u
n
t
of
re
t
a
i
n
e
r
(i
f
ap
p
l
i
c
a
b
l
e
)
wi
l
l
be
ap
p
l
i
e
d
to
am
o
u
n
t
ow
e
d
on
fi
n
a
l
in
v
o
i
c
e
.
L.
La
t
e
Pa
y
m
e
n
t
s
:
Ac
c
o
u
n
t
s
un
p
a
i
d
30
da
y
s
af
t
e
r
th
e
in
v
o
i
c
e
da
t
e
wi
l
l
be
su
b
j
e
c
t
to
a
mo
n
t
h
l
y
se
r
v
i
c
e
ch
a
r
g
e
of
1.
5
%
on
th
e
un
p
a
i
d
ba
l
a
n
c
e
.
If
an
y
po
r
t
i
o
n
or
al
l
of
an
ac
c
o
u
n
t
re
m
a
i
n
s
un
p
a
i
d
60
da
y
s
af
t
e
r
bi
l
l
i
n
g
,
th
e
Cl
i
e
n
t
sh
a
l
l
pa
y
al
l
co
s
t
s
of
co
l
l
e
c
t
i
o
n
,
in
c
l
u
d
i
n
g
re
a
s
o
n
a
b
l
e
at
t
o
r
n
e
y
fe
e
s
.
M.
Wa
i
v
e
r
:
To
th
e
fu
l
l
e
s
t
ex
t
e
n
t
pe
r
m
i
t
t
e
d
by
la
w
,
Cl
i
e
n
t
an
d
BM
I
wa
i
v
e
ag
a
i
n
s
t
ea
c
h
ot
h
e
r
,
an
d
th
e
ot
h
e
r
’
s
em
p
l
o
y
e
e
s
,
pa
r
t
n
e
r
s
,
of
f
i
c
e
r
s
,
ag
e
n
t
s
,
in
s
u
r
e
r
s
,
an
d
su
b
c
o
n
t
r
a
c
t
o
r
s
,
cl
a
i
m
s
fo
r
or
en
t
i
t
l
e
m
e
n
t
to
sp
e
c
i
a
l
,
in
c
i
d
e
n
t
a
l
,
in
d
i
r
e
c
t
,
or
co
n
s
e
q
u
e
n
t
i
a
l
da
m
a
g
e
s
ar
i
s
i
n
g
ou
t
of
,
re
s
u
l
t
i
n
g
fr
o
m
,
or
an
y
wa
y
re
l
a
t
e
d
to
th
i
s
Ag
r
e
e
m
e
n
t
,
fr
o
m
an
y
ca
u
s
e
or
ca
u
s
e
s
.
Cl
i
e
n
t
wa
i
v
e
s
cl
a
i
m
s
ag
a
i
n
s
t
BM
I
in
d
i
v
i
d
u
a
l
em
p
l
o
y
e
e
s
an
d
ag
r
e
e
s
an
y
cl
a
i
m
,
de
m
a
n
d
or
su
i
t
sh
a
l
l
be
as
s
e
r
t
e
d
on
l
y
ag
a
i
n
s
t
th
e
BM
I
co
r
p
o
r
a
t
e
en
t
i
t
y
.
N.
LI
M
I
T
A
T
I
O
N
OF
LI
A
B
I
L
I
T
Y
:
In
re
c
o
g
n
i
t
i
o
n
of
th
e
re
l
a
t
i
v
e
ri
s
k
s
,
re
w
a
r
d
s
,
an
d
be
n
e
f
i
t
s
of
th
e
pr
o
j
e
c
t
to
bo
t
h
th
e
Cl
i
e
n
t
an
d
BM
I
,
th
e
ri
s
k
s
ha
v
e
be
e
n
al
l
o
c
a
t
e
d
su
c
h
th
a
t
th
e
Cl
i
e
n
t
ag
r
e
e
s
th
a
t
BM
I
’
s
to
t
a
l
li
a
b
i
l
i
t
y
to
th
e
Cl
i
e
n
t
fo
r
an
y
an
d
al
l
in
j
u
r
i
e
s
,
cl
a
i
m
s
,
lo
s
s
e
s
,
ex
p
e
n
s
e
s
,
da
m
a
g
e
s
or
cl
a
i
m
e
d
ex
p
e
n
s
e
s
ar
i
s
i
n
g
ou
t
of
th
e
pe
r
f
o
r
m
a
n
c
e
of
th
i
s
ag
r
e
e
m
e
n
t
fr
o
m
an
y
ca
u
s
e
or
ca
u
s
e
s
,
sh
a
l
l
no
t
ex
c
e
e
d
to
t
a
l
co
m
p
e
n
s
a
t
i
o
n
pa
i
d
to
BM
I
.
Su
c
h
cl
a
i
m
s
in
c
l
u
d
e
,
bu
t
ar
e
no
t
li
m
i
t
e
d
to
,
BM
I
'
s
ne
g
l
i
g
e
n
c
e
,
er
r
o
r
s
,
om
i
s
s
i
o
n
s
,
st
r
i
c
t
li
a
b
i
l
i
t
y
,
br
e
a
c
h
of
co
n
t
r
a
c
t
,
or
br
e
a
c
h
of
wa
r
r
a
n
t
y
.
0.
Ce
r
t
i
f
i
c
a
t
e
s
of
In
s
u
r
a
n
c
e
:
BM
I
wi
l
l
ma
i
n
t
a
i
n
,
at
it
s
ex
p
e
n
s
e
,
st
a
t
u
t
o
r
y
wo
r
k
e
r
'
s
co
m
p
e
n
s
a
t
i
o
n
in
s
u
r
a
n
c
e
co
v
e
r
a
g
e
,
au
t
o
m
o
b
i
l
e
li
a
b
i
l
i
t
y
in
s
u
r
a
n
c
e
,
co
m
m
e
r
c
i
a
l
ge
n
e
r
a
l
li
a
b
i
l
i
t
y
in
s
u
r
a
n
c
e
an
d
pr
o
f
e
s
s
i
o
n
a
l
li
a
b
i
l
i
t
y
co
v
e
r
a
g
e
fo
r
cl
a
i
m
s
ar
i
s
i
n
g
fr
o
m
bo
d
i
l
y
in
j
u
r
y
,
de
a
t
h
or
pr
o
p
e
r
t
y
da
m
a
g
e
wh
i
c
h
ma
y
ar
i
s
e
fr
o
m
th
e
ne
g
l
i
g
e
n
t
pe
r
f
o
r
m
a
n
c
e
by
BM
I
or
it
s
em
p
l
o
y
e
e
s
.
BM
I
wi
l
l
,
up
o
n
re
q
u
e
s
t
,
fu
r
n
i
s
h
Ce
r
t
i
f
i
c
a
t
e
s
of
In
s
u
r
a
n
c
e
do
c
u
m
e
n
t
i
n
g
te
r
m
s
of
co
v
e
r
a
g
e
s
.
BM
I
wi
l
l
no
t
be
re
q
u
i
r
e
d
to
ex
t
e
n
d
co
v
e
r
a
g
e
s
be
y
o
n
d
th
o
s
e
wh
i
c
h
ar
e
us
u
a
l
an
d
cu
s
t
o
m
a
r
y
fo
r
si
m
i
l
a
r
fi
r
m
s
pr
a
c
t
i
c
i
n
g
si
m
i
l
a
r
su
r
v
e
y
i
n
g
an
d
en
g
i
n
e
e
r
i
n
g
se
r
v
i
c
e
s
un
l
e
s
s
BM
I
is
re
i
m
b
u
r
s
e
d
fo
r
ad
d
i
t
i
o
n
a
l
pr
e
m
i
u
m
ex
p
e
n
s
e
s
.
P.
Di
s
p
u
t
e
Re
s
o
l
u
t
i
o
n
:
An
y
cl
a
i
m
s
or
di
s
p
u
t
e
s
ma
d
e
du
r
i
n
g
or
wi
t
h
th
e
ex
c
e
p
t
i
o
n
of
cl
a
i
m
s
by
BM
I
fo
r
no
n
-
p
a
y
m
e
n
t
of
se
r
v
i
c
e
s
re
n
d
e
r
e
d
,
sh
a
l
l
fi
r
s
t
be
su
b
m
i
t
t
e
d
to
me
d
i
a
t
i
o
n
fo
r
re
s
o
l
u
t
i
o
n
pr
i
o
r
to
in
i
t
i
a
t
i
n
g
an
y
ot
h
e
r
le
g
a
l
pr
o
c
e
e
d
i
n
g
s
.
Q.
Ag
r
e
e
m
e
n
t
:
If
th
e
Pr
o
p
o
s
a
l
is
ac
c
e
p
t
e
d
,
th
e
Cl
i
e
n
t
an
d
BM
I
wi
l
l
en
t
e
r
in
t
o
an
Ag
r
e
e
m
e
n
t
in
c
o
r
p
o
r
a
t
i
n
g
th
e
ac
c
o
m
p
a
n
y
i
n
g
Pr
o
p
o
s
a
l
,
th
e
s
e
Te
r
m
s
an
d
su
c
h
ad
d
i
t
i
o
n
a
l
te
r
m
s
an
d
co
n
d
i
t
i
o
n
s
as
ma
y
be
mu
t
u
a
l
l
y
ac
c
e
p
t
a
b
l
e
to
BM
I
an
d
Cl
i
e
n
t
.
In
th
e
ab
s
e
n
c
e
of
a
se
p
a
r
a
t
e
,
ex
e
c
u
t
e
d
wr
i
t
t
e
n
ag
r
e
e
m
e
n
t
,
th
e
ac
c
o
m
p
a
n
y
i
n
g
Pr
o
p
o
s
a
l
an
d
th
e
s
e
Te
r
m
s
of
Pr
o
p
o
s
a
l
sh
a
l
l
co
n
s
t
i
t
u
t
e
th
e
wh
o
l
e
an
d
co
m
p
l
e
t
e
ag
r
e
e
m
e
n
t
be
t
w
e
e
n
BM
I
an
d
th
e
Cl
i
e
n
t
.
R.
Te
r
m
i
n
a
t
i
o
n
of
Se
r
v
i
c
e
s
:
Th
e
Ag
r
e
e
m
e
n
t
cr
e
a
t
e
d
un
d
e
r
Pa
r
a
g
r
a
p
h
Q
ma
y
be
te
r
m
i
n
a
t
e
d
by
th
e
Cl
i
e
n
t
or
BM
I
sh
o
u
l
d
th
e
ot
h
e
r
fa
i
l
to
pe
r
f
o
r
m
it
s
ob
l
i
g
a
t
i
o
n
s
he
r
e
u
n
d
e
r
;
or
,
by
BM
I
if
th
e
pr
e
s
e
n
c
e
of
an
un
k
n
o
w
n
or
un
d
i
s
c
l
o
s
e
d
fe
d
e
r
a
l
l
y
,
st
a
t
e
or
lo
c
a
l
l
y
re
g
u
l
a
t
e
d
ha
z
a
r
d
o
u
s
ma
t
e
r
i
a
l
is
en
c
o
u
n
t
e
r
e
d
.
In
th
e
ev
e
n
t
of
te
r
m
i
n
a
t
i
o
n
,
th
e
Cl
i
e
n
t
sh
a
l
l
pa
y
BM
I
fo
r
al
l
se
r
v
i
c
e
s
re
n
d
e
r
e
d
to
th
e
da
t
e
of
te
r
m
i
n
a
t
i
o
n
,
al
l
re
i
m
b
u
r
s
a
b
l
e
ex
p
e
n
s
e
s
,
an
d
re
i
m
b
u
r
s
a
b
l
e
te
r
m
i
n
a
t
i
o
n
ex
p
e
n
s
e
s
.
S.
Wi
t
h
d
r
a
w
a
l
of
Pr
o
p
o
s
a
l
:
Th
i
s
Pr
o
p
o
s
a
l
co
n
s
t
i
t
u
t
e
s
a
no
n
-
bi
n
d
i
n
g
of
f
e
r
to
pe
r
f
o
r
m
se
r
v
i
c
e
s
an
d
BM
I
re
s
e
r
v
e
s
th
e
ri
g
h
t
to
wi
t
h
d
r
a
w
or
mo
d
i
f
y
th
i
s
pr
o
p
o
s
a
l
,
wi
t
h
o
u
t
li
a
b
i
l
i
t
y
to
th
e
Cl
i
e
n
t
,
at
an
y
ti
m
e
pr
i
o
r
to
re
c
e
i
p
t
of
wr
i
t
t
e
n
ac
c
e
p
t
a
n
c
e
fr
o
m
th
e
Cl
i
e
n
t
an
d
ex
e
c
u
t
i
o
n
of
a
si
g
n
e
d
ag
r
e
e
m
e
n
t
in
ac
c
o
r
d
a
n
c
e
wi
t
h
Pa
r
a
g
r
a
p
h
0.
.
T.
LI
E
N
RI
G
H
T
S
:
Pu
r
s
u
a
n
t
to
th
e
re
p
r
e
s
e
n
t
a
t
i
o
n
s
by
th
e
CL
I
E
N
T
in
th
i
s
Ag
r
e
e
m
e
n
t
an
d
im
p
r
o
v
e
m
e
n
t
s
to
be
ma
d
e
to
th
e
pr
o
j
e
c
t
pr
o
p
e
r
t
y
,
BM
I
re
s
e
r
v
e
s
th
e
ri
g
h
t
to
fi
l
e
a
li
e
n
ag
a
i
n
s
t
th
e
pr
o
j
e
c
t
pr
o
p
e
r
t
y
in
th
e
ev
e
n
t
of
de
l
i
n
q
u
e
n
t
or
no
n
-
p
a
y
m
e
n
t
of
mo
n
i
e
s
ow
e
d
to
BM
I
by
th
e
CL
I
E
N
T
.
In
ac
c
o
r
d
a
n
c
e
wi
t
h
Mi
n
n
e
s
o
t
a
la
w
,
th
e
CL
I
E
N
T
an
d
PR
O
J
E
C
T
PR
O
P
E
R
T
Y
OW
N
E
R
ar
e
he
r
e
b
y
ad
v
i
s
e
d
:
”(
a
)
An
y
pe
r
s
o
n
or
co
m
p
a
n
y
su
p
p
l
y
i
n
g
la
b
o
r
or
ma
t
e
r
i
a
l
s
fo
r
th
i
s
im
p
r
o
v
e
m
e
n
t
to
yo
u
r
pr
o
p
e
r
t
y
ma
y
fi
l
e
a
li
e
n
ag
a
i
n
s
t
yo
u
r
pr
o
p
e
r
t
y
if
th
a
t
pe
r
s
o
n
or
co
m
p
a
n
y
is
no
t
pa
i
d
fo
r
th
e
co
n
t
r
i
b
u
t
i
o
n
s
.
(b
)
Un
d
e
r
Mi
n
n
e
s
o
t
a
la
w
,
yo
u
ha
v
e
th
e
ri
g
h
t
to
pa
y
pe
r
s
o
n
s
wh
o
su
p
p
l
i
e
d
la
b
o
r
or
ma
t
e
r
i
a
l
s
fo
r
th
i
s
im
p
r
o
v
e
m
e
n
t
di
r
e
c
t
l
y
an
d
de
d
u
c
t
th
i
s
am
o
u
n
t
fr
o
m
ou
r
co
n
t
r
a
c
t
pr
i
c
e
,
or
wi
t
h
h
o
l
d
th
e
am
o
u
n
t
s
du
e
th
e
m
fr
o
m
us
un
t
i
l
12
0
da
y
s
af
t
e
r
co
m
p
l
e
t
i
o
n
of
th
e
im
p
r
o
v
e
m
e
n
t
un
l
e
s
s
we
gi
v
e
yo
u
a
li
e
n
wa
i
v
e
r
si
g
n
e
d
by
pe
r
s
o
n
s
wh
o
su
p
p
l
i
e
d
an
y
la
b
o
r
or
ma
t
e
r
i
a
l
fo
r
th
e
im
p
r
o
v
e
m
e
n
t
an
d
wh
o
ga
v
e
yo
u
ti
m
e
l
y
no
t
i
c
e
.
”
T er m s
of
Pr
o
p
o
s
a
l—Li
m
i
t
e
d
Ge
n
e
r
a
l
Sc
o
p
e
MN
1720
2
5
P a g e
2of
2
Page 146 of 195
Z
I
.
.N
o
h‘
\
SU
R
V
E
Y
LI
M
I
T
S
40
0
'
ft
l E
A;
Le
g
e
n
d
Fa
r
m
in
g
t
o
n
Po
l
i
c
e
De
p
a
r
t
m
e
n
t
Fa
r
m
in
g
t
o
n
Po
l
i
c
e
De
p
a
r
t
m
e
n
t
Un
t
i
tl
e
d
Ma
p
Wr
i
t
e
a
fo
r
yo
u
r
ma
p
.
‘
'
nu
hm
m
c
v
p
a
Dr
v,
Go
og
l
e
Ea
r
t
h
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-
,n
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on
‘
’o
l
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c
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'r
.
.
A
;.
‘,
n
m
.
S E‘
Page 147 of 195
TO
P
O
G
R
A
P
H
I
C
SU
R
V
E
Y
SP
E
C
I
F
I
C
A
T
I
O
N
S
Th
e
To
p
o
g
r
a
p
h
i
c
Su
r
v
e
y
sh
a
l
l
in
c
l
u
d
e
th
e
fo
l
l
o
w
i
n
g
in
f
o
r
m
a
t
i
o
n
:
Su
r
v
e
y
Li
m
i
t
s
A.
As
sh
o
w
n
on
th
e
at
t
a
c
h
e
d
sk
e
t
c
h
.
To
p
o
g
r
a
p
h
i
c
Su
r
v
e
y
Re
q
u
i
r
e
m
e
n
t
s
A.
Sh
o
w
pr
o
p
e
r
t
y
li
n
e
s
an
d
ea
s
e
m
e
n
t
s
th
a
t
ar
e
wi
t
h
i
n
th
e
su
r
v
e
y
li
m
i
t
s
.
Pr
o
v
i
d
e
an
y
an
d
al
l
re
s
e
a
r
c
h
ne
c
e
s
s
a
r
y
to
ac
c
u
r
a
t
e
l
y
sh
o
w
an
d
de
s
c
r
i
b
e
ea
s
e
m
e
n
t
s
an
d
ot
h
e
r
en
c
u
m
b
r
a
n
c
e
s
on
th
e
pr
o
p
e
r
t
y
th
a
t
ar
e
wi
t
h
i
n
th
e
su
r
v
e
y
li
m
i
t
s
.
Mo
n
u
m
e
n
t
s
pl
a
c
e
d
(o
r
a
re
f
e
r
e
n
c
e
mo
n
u
m
e
n
t
or
wi
t
n
e
s
s
to
th
e
co
r
n
e
r
)
at
al
l
ma
j
o
r
co
r
n
e
r
s
of
th
e
bo
u
n
d
a
r
y
of
th
e
pr
o
p
e
r
t
y
,
un
l
e
s
s
al
r
e
a
d
y
ma
r
k
e
d
or
re
f
e
r
e
n
c
e
d
by
ex
i
s
t
i
n
g
mo
n
u
m
e
n
t
s
or
wi
t
n
e
s
s
e
s
.
Ve
r
t
i
c
a
l
re
l
i
e
f
at
on
e
fo
o
t
co
n
t
o
u
r
in
t
e
r
v
a
l
wi
t
h
th
e
so
u
r
c
e
of
in
f
o
r
m
a
t
i
o
n
,
da
t
u
m
,
an
d
or
i
g
i
n
a
t
i
n
g
be
n
c
h
m
a
r
k
id
e
n
t
i
f
i
e
d
.
(P
l
e
a
s
e
no
t
e
th
a
t
th
i
s
su
r
v
e
y
is
re
q
u
i
r
e
d
to
be
ma
d
e
on
th
e
gr
o
u
n
d
.
Th
e
us
e
of
Gl
S
/
L
i
D
A
R
in
f
o
r
m
a
t
i
o
n
wi
l
l
no
t
be
al
l
o
w
e
d
as
pa
r
t
of
th
i
s
su
r
v
e
y
)
.
Bu
i
l
d
i
n
g
s
1.
Ex
t
e
r
i
o
r
di
m
e
n
s
i
o
n
s
of
al
l
bu
i
l
d
i
n
g
s
at
gr
o
u
n
d
le
v
e
l
.
2.
Sq
u
a
r
e
fo
o
t
a
g
e
of
ex
t
e
r
i
o
r
fo
o
t
p
r
i
n
t
of
al
l
bu
i
l
d
i
n
g
s
at
gr
o
u
n
d
le
v
e
l
.
3.
Me
a
s
u
r
e
d
he
i
g
h
t
of
al
l
bu
i
l
d
i
n
g
s
ab
o
v
e
gr
a
d
e
.
Th
e
po
i
n
t
of
me
a
s
u
r
e
m
e
n
t
sh
a
l
l
be
id
e
n
t
i
f
i
e
d
.
4.
Fi
n
i
s
h
fl
o
o
r
el
e
v
a
t
i
o
n
of
ea
c
h
ex
t
e
r
i
o
r
bu
i
l
d
i
n
g
do
o
r
.
Su
b
s
t
a
n
t
i
a
l
fe
a
t
u
r
e
s
ob
s
e
r
v
e
d
in
th
e
pr
o
c
e
s
s
of
co
n
d
u
c
t
i
n
g
th
e
su
r
v
e
y
(i
n
ad
d
i
t
i
o
n
to
th
e
im
p
r
o
v
e
m
e
n
t
s
an
d
fe
a
t
u
r
e
s
re
q
u
i
r
e
d
ab
o
v
e
)
su
c
h
as
pa
r
k
i
n
g
lo
t
s
,
bi
l
l
b
o
a
r
d
s
,
si
g
n
s
,
la
n
d
s
c
a
p
e
d
ar
e
a
s
,
ce
n
t
e
r
l
i
n
e
of
st
r
e
e
t
s
,
to
p
of
cu
r
b
s
,
to
p
of
ca
t
c
h
ba
s
i
n
s
an
d
ma
n
h
o
l
e
s
,
si
d
e
w
a
l
k
s
,
ed
g
e
of
pa
v
i
n
g
,
et
c
.
Id
e
n
t
i
f
y
an
d
la
b
e
l
on
su
r
v
e
y
,
al
l
vi
s
i
b
l
e
si
t
e
fe
a
t
u
r
e
s
an
d
li
m
i
t
s
of
ea
c
h
(e
.
g
.
as
p
h
a
l
t
pa
v
e
m
e
n
t
,
co
n
c
r
e
t
e
wa
l
k
,
co
n
c
r
e
t
e
sl
a
b
,
co
n
c
r
e
t
e
cu
r
b
an
d
St
r
i
p
i
n
g
,
an
d
ty
p
e
(e
.
g
.
ac
c
e
s
s
i
b
l
e
)
of
pa
r
k
i
n
g
sp
a
c
e
s
in
pa
r
k
i
n
g
ar
e
a
s
,
lo
t
s
an
d
st
r
u
c
t
u
r
e
s
.
Lo
c
a
t
i
o
n
of
ut
i
l
i
t
i
e
s
ex
i
s
t
i
n
g
on
or
se
r
v
i
n
g
th
e
su
r
v
e
y
e
d
pr
o
p
e
r
t
y
as
de
t
e
r
m
i
n
e
d
by
:
1.
Ob
s
e
r
v
e
d
ev
i
d
e
n
c
e
to
g
e
t
h
e
r
wi
t
h
ev
i
d
e
n
c
e
fr
o
m
pl
a
n
s
ob
t
a
i
n
e
d
fr
o
m
ut
i
l
i
t
y
co
m
p
a
n
i
e
s
,
as
-
b
u
i
l
t
pl
a
n
s
,
or
pr
e
v
i
o
u
s
pl
a
n
s
re
s
e
a
r
c
h
e
d
by
th
e
su
r
v
e
y
o
r
,
an
d
ma
r
k
i
n
g
s
by
ut
i
l
i
t
y
co
m
p
a
n
i
e
s
an
d
ot
h
e
r
ap
p
r
o
p
r
i
a
t
e
so
u
r
c
e
s
(w
i
t
h
re
f
e
r
e
n
c
e
as
to
th
e
so
u
r
c
e
of
in
f
o
r
m
a
t
i
o
n
)
.
Pr
i
v
a
t
e
ut
i
l
i
t
y
lo
c
a
t
e
s
wi
l
l
be
re
q
u
i
r
e
d
.
a)
Ga
s
ma
i
n
s
b)
We
l
l
s
c)
Wa
t
e
r
m
a
i
n
,
hy
d
r
a
n
t
s
an
d
va
l
v
e
s
(1
)
Wh
e
r
e
wa
t
e
r
m
a
i
n
ca
n
n
o
t
be
vi
s
u
a
l
l
y
lo
c
a
t
e
d
bu
t
is
sh
o
w
n
on
pl
a
n
s
or
dr
a
w
i
n
g
s
re
s
e
a
r
c
h
e
d
by
th
e
Su
r
v
e
y
o
r
,
sh
o
w
th
e
s
e
wa
t
e
r
m
a
i
n
s
an
d
fe
a
t
u
r
e
s
on
th
e
su
r
v
e
y
an
d
in
d
i
c
a
t
e
”p
e
r
pl
a
n
"
on
th
e
su
r
v
e
y
.
Fa
r
m
i
n
g
t
o
n
Po
l
i
c
e
-
Wa
l
d
\
F
a
I
m
i
n
g
t
o
n
Po
l
i
c
e
Su
r
v
e
y
BM
I
RF
P
d
x
Bo
l
t
o
n
&
Me
n
k
\\Pl y m ou
l M \n \Pr
ap es al
s
\$ur
RF
P
s
\
.OC
Is
an
op
p
o
r
t
un
i
t
y
em
p
l
o
y
e
r
Page 148 of 195
St
o
r
m
an
d
sa
n
i
t
a
r
y
se
w
e
r
ma
n
h
o
l
e
s
,
ca
t
c
h
ba
s
i
n
s
,
va
l
v
e
va
u
l
t
s
,
an
d
ot
h
e
r
su
r
f
a
c
e
in
d
i
c
a
t
i
o
n
s
of
su
b
t
e
r
r
a
n
e
a
n
ut
i
l
i
t
i
e
s
e)
Wi
r
e
s
an
d
ca
b
l
e
s
(i
n
c
l
u
d
i
n
g
th
e
i
r
fu
n
c
t
i
o
n
,
if
re
a
d
i
l
y
id
e
n
t
i
f
i
a
b
l
e
)
cr
o
s
s
i
n
g
th
e
su
r
v
e
y
e
d
pr
o
p
e
r
t
y
,
an
d
al
l
po
l
e
s
on
or
wi
t
h
i
n
te
n
fe
e
t
of
th
e
su
r
v
e
y
e
d
pr
o
p
e
r
t
y
.
Wi
t
h
o
u
t
ex
p
r
e
s
s
i
n
g
a
le
g
a
l
op
i
n
i
o
n
as
to
th
e
ow
n
e
r
s
h
i
p
or
na
t
u
r
e
of
th
e
po
t
e
n
t
i
a
l
en
c
r
o
a
c
h
m
e
n
t
,
th
e
di
m
e
n
s
i
o
n
s
of
al
l
en
c
r
o
a
c
h
i
n
g
ut
i
l
i
t
y
po
l
e
cr
o
s
s
m
e
m
b
e
r
s
or
ov
e
r
h
a
n
g
s
f)
Ut
i
l
i
t
y
co
m
p
a
n
y
in
s
t
a
l
l
a
t
i
o
n
s
on
th
e
su
r
v
e
y
e
d
pr
o
p
e
r
t
y
.
g)
In
c
l
u
d
e
th
e
co
s
t
of
hi
r
i
n
g
a
pr
i
v
a
t
e
ut
i
l
i
t
y
lo
c
a
t
o
r
wi
t
h
th
i
s
su
r
v
e
y
pr
o
p
o
s
a
l
.
Lo
c
a
t
i
o
n
of
we
t
l
a
n
d
ar
e
a
s
as
de
l
i
n
e
a
t
e
d
by
ap
p
r
o
p
r
i
a
t
e
au
t
h
o
r
i
t
i
e
s
.
1.
A
le
t
t
e
r
af
f
i
r
m
i
n
g
we
t
l
a
n
d
s
ar
e
no
t
pr
e
s
e
n
t
on
th
e
si
t
e
,
sh
a
l
l
be
ob
t
a
i
n
e
d
fo
r
th
e
si
t
e
.
We
t
l
a
n
d
se
r
v
i
c
e
s
sh
a
l
l
be
su
b
c
o
n
t
r
a
c
t
e
d
;
th
e
r
e
f
o
r
e
,
al
l
co
s
t
s
sh
a
l
l
be
in
c
l
u
d
e
d
in
th
e
lu
m
p
su
m
pr
o
p
o
s
a
l
.
Lo
c
a
t
e
im
p
r
o
v
e
m
e
n
t
s
wi
t
h
i
n
an
y
of
f
s
i
t
e
ea
s
e
m
e
n
t
s
or
se
r
v
i
t
u
d
e
s
be
n
e
f
i
t
t
i
n
g
th
e
su
r
v
e
y
e
d
pr
o
p
e
r
t
y
th
a
t
ar
e
di
s
c
l
o
s
e
d
in
th
e
Re
c
o
r
d
Do
c
u
m
e
n
t
s
or
pr
e
v
i
o
u
s
pl
a
n
s
re
s
e
a
r
c
h
e
d
by
th
e
su
r
v
e
y
o
r
an
d
th
a
t
ar
e
ob
s
e
r
v
e
d
in
th
e
pr
o
c
e
s
s
of
co
n
d
u
c
t
i
n
g
th
e
su
r
v
e
y
(s
u
r
v
e
y
o
r
sh
a
l
l
ob
t
a
i
n
ne
c
e
s
s
a
r
y
pe
r
m
i
s
s
i
o
n
s
)
.
Th
i
s
su
r
v
e
y
is
be
i
n
g
pr
e
p
a
r
e
d
fo
r
en
g
i
n
e
e
r
i
n
g
an
d
de
s
i
g
n
pu
r
p
o
s
e
s
,
th
e
r
e
f
o
r
,
in
ad
d
i
t
i
o
n
to
th
e
af
o
r
e
m
e
n
t
i
o
n
e
d
it
e
m
s
,
we
ar
e
re
q
u
e
s
t
i
n
g
th
e
fo
l
l
o
w
i
n
g
:
1.
Pr
o
v
i
d
e
a
mi
n
i
m
u
m
of
t
h
r
e
e
(3
)
pe
r
m
a
n
e
n
t
be
n
c
h
m
a
r
k
s
wi
t
h
i
n
th
e
ma
p
p
i
n
g
li
m
i
t
s
wi
t
h
de
t
a
i
l
e
d
de
s
c
r
i
p
t
i
o
n
s
an
d
el
e
v
a
t
i
o
n
s
to
ne
a
r
e
s
t
0.
0
1
'
.
Th
e
ve
r
t
i
c
a
l
da
t
u
m
us
e
d
sh
a
l
l
co
r
r
e
s
p
o
n
d
to
se
a
le
v
e
l
da
t
u
m
.
Pr
o
v
i
d
e
a
ta
b
u
l
a
r
i
z
e
d
li
s
t
of
be
n
c
h
m
a
r
k
s
on
th
e
su
r
v
e
y
.
2.
As
a
mi
n
i
m
u
m
re
q
u
i
r
e
m
e
n
t
,
fo
r
th
e
pu
r
p
o
s
e
of
es
t
a
b
l
i
s
h
i
n
g
co
n
t
o
u
r
li
n
e
s
at
a
on
e
fo
o
t
in
t
e
r
v
a
l
s
,
de
t
e
r
m
i
n
e
an
d
sh
o
w
le
g
i
b
l
y
on
th
e
su
r
v
e
y
sp
o
t
el
e
v
a
t
i
o
n
s
on
a
50
fo
o
t
(m
a
x
)
gr
i
d
.
In
ad
d
i
t
i
o
n
to
th
i
s
re
q
u
i
r
e
m
e
n
t
,
lo
c
a
t
e
(h
o
r
i
z
o
n
t
a
l
l
y
an
d
10
0
'
of
th
e
ma
p
p
i
n
g
li
m
i
t
s
.
Al
s
o
,
pr
o
v
i
d
e
th
e
lo
c
a
t
i
o
n
of
ca
t
c
h
ba
s
i
n
s
,
ma
n
h
o
l
e
s
,
un
d
e
r
g
r
o
u
n
d
ta
n
k
s
,
et
c
.
an
d
in
v
e
r
t
s
of
pi
p
e
at
ea
c
h
pi
p
e
.
Pl
a
c
e
ut
i
l
i
t
y
la
b
e
l
s
on
su
r
v
e
y
ad
j
a
c
e
n
t
to
re
l
e
v
a
n
t
st
r
u
c
t
u
r
e
(
s
)
.
4.
Tr
e
e
s
:
Pr
o
v
i
d
e
lo
c
a
t
i
o
n
an
d
di
a
m
e
t
e
r
(a
t
3'
ab
o
v
e
th
e
gr
o
u
n
d
)
of
al
l
in
d
i
v
i
d
u
a
l
tr
e
e
s
ex
c
e
p
t
in
th
i
c
k
l
y
wo
o
d
e
d
ar
e
a
s
.
a)
In
th
i
c
k
l
y
wo
o
d
e
d
ar
e
a
s
,
pr
o
v
i
d
e
an
ou
t
l
i
n
e
of
th
e
wo
o
d
e
d
ar
e
a
(
s
)
.
b)
Fo
r
in
d
i
v
i
d
u
a
l
tr
e
e
s
,
pr
o
v
i
d
e
sp
e
c
i
e
s
an
d
gr
o
u
n
d
el
e
v
a
t
i
o
n
to
ne
a
r
e
s
t
0.
1
'
at
th
e
up
p
e
r
sl
o
p
e
si
d
e
.
5.
Re
c
o
r
d
an
d
pe
r
p
e
t
u
a
t
e
fi
e
l
d
co
n
t
r
o
l
us
e
d
to
co
n
d
u
c
t
th
i
s
su
r
v
e
y
,
su
c
h
th
a
t
su
p
p
l
e
m
e
n
t
a
l
wo
r
k
an
d
/
o
r
ve
r
i
f
i
c
a
t
i
o
n
of
su
r
v
e
y
,
ma
y
be
ac
c
o
m
p
l
i
s
h
e
d
by
ot
h
e
r
s
.
Th
e
us
e
of
re
c
t
i
?
e
d
or
t
h
o
p
h
o
t
o
g
r
a
p
h
y
,
ph
o
t
o
g
r
a
m
m
e
t
r
i
c
ma
p
p
i
n
g
,
ai
r
b
o
r
n
e
/
m
o
b
i
l
e
la
s
e
r
sc
a
n
n
i
n
g
or
ot
h
e
r
si
m
i
l
a
r
pr
o
d
u
c
t
s
,
sh
a
l
l
no
t
be
us
e
d
as
a
ba
s
i
s
fo
r
sh
o
w
i
n
g
th
e
lo
c
a
t
i
o
n
of
th
e
su
r
v
e
y
e
d
fe
a
t
u
r
e
s
fo
r
th
i
s
su
r
v
e
y
or
fo
r
de
t
e
r
m
i
n
i
n
g
to
p
o
g
r
a
p
h
y
an
d
el
e
v
a
t
i
o
n
s
on
si
t
e
.
\\Pl
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o
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lM
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o
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s
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u
r
v
e
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F
a
r
m
ng
t
o
n
Po
l
i
c
e
Wo
l
d
\
F
a
r
m
i
n
g
t
o
n
Po
l
i
c
e
Su
r
v
e
y
BM
I
RF
P
.
d
o
c
x
Bo
l
t
o
n
8:Me
n
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ISaneq
u
a
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p
o
r
t
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t
y
em
p
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Page 149 of 195
IV
.
VI
,
mm
Su
r
v
e
y
i
n
g
St
a
n
d
a
r
d
s
an
d
St
a
n
d
a
r
d
s
of
Ca
r
e
A.
Th
e
ma
x
i
m
u
m
al
l
o
w
a
b
l
e
Re
l
a
t
i
v
e
Po
s
i
t
i
o
n
a
l
Pr
e
c
i
s
i
o
n
fo
r
th
i
s
su
r
v
e
y
sh
a
l
l
be
2
cm
(0
.
0
7
fe
e
t
)
pl
u
s
50
pa
r
t
s
pe
r
mi
l
l
i
o
n
(b
a
s
e
d
on
th
e
di
r
e
c
t
di
s
t
a
n
c
e
be
t
w
e
e
n
th
e
tw
o
co
r
n
e
r
s
be
i
n
g
te
s
t
e
d
)
.
It
is
re
c
o
g
n
i
z
e
d
th
a
t
in
ce
r
t
a
i
n
ci
r
c
u
m
s
t
a
n
c
e
s
,
th
e
si
z
e
or
co
n
f
i
g
u
r
a
t
i
o
n
of
th
e
su
r
v
e
y
e
d
pr
o
p
e
r
t
y
,
or
th
e
re
l
i
e
f
,
ve
g
e
t
a
t
i
o
n
or
im
p
r
o
v
e
m
e
n
t
s
on
th
e
su
r
v
e
y
e
d
pr
o
p
e
r
t
y
wi
l
l
re
s
u
l
t
in
su
r
v
e
y
me
a
s
u
r
e
m
e
n
t
s
fo
r
wh
i
c
h
th
e
ma
x
i
m
u
m
al
l
o
w
a
b
l
e
Re
l
a
t
i
v
e
Po
s
i
t
i
o
n
a
l
Pr
e
c
i
s
i
o
n
ma
y
be
ex
c
e
e
d
e
d
.
If
th
e
ma
x
i
m
u
m
al
l
o
w
a
b
l
e
Re
l
a
t
i
v
e
Po
s
i
t
i
o
n
a
l
Pr
e
c
i
s
i
o
n
is
ex
c
e
e
d
e
d
,
th
e
su
r
v
e
y
o
r
sh
a
l
l
no
t
e
th
e
re
a
s
o
n
i
n
g
.
Re
s
e
a
r
c
h
A.
Th
e
Su
r
v
e
y
o
r
sh
a
l
l
be
re
s
p
o
n
s
i
b
l
e
fo
r
ob
t
a
i
n
i
n
g
th
e
ap
p
r
o
p
r
i
a
t
e
da
t
a
to
co
m
p
l
e
t
e
th
i
s
su
r
v
e
y
.
Th
i
s
sh
a
l
l
in
c
l
u
d
e
bu
t
no
t
be
li
m
i
t
e
d
to
th
e
fo
l
l
o
w
i
n
g
:
pl
a
t
s
,
ma
p
s
,
re
c
o
r
d
ma
p
s
,
ut
i
l
i
t
y
ma
p
s
,
ut
i
l
i
t
y
lo
c
a
t
i
o
n
s
,
re
c
o
r
d
do
c
u
m
e
n
t
s
,
re
c
o
r
d
le
g
a
l
de
s
c
r
i
p
t
i
o
n
s
,
an
d
re
c
o
r
d
ea
s
e
m
e
n
t
s
.
Th
i
s
in
f
o
r
m
a
t
i
o
n
sh
a
l
l
be
ob
t
a
i
n
e
d
fr
o
m
th
e
ap
p
r
o
p
r
i
a
t
e
au
t
h
o
r
i
t
y
su
c
h
as
ut
i
l
i
t
y
op
e
r
a
t
o
r
s
an
d
go
v
e
r
n
m
e
n
t
ag
e
n
c
i
e
s
.
Ex
p
e
n
s
e
s
A.
Pr
o
v
i
d
e
a
lu
m
p
su
m
fe
e
fo
r
th
i
s
su
r
v
e
y
.
Al
l
ex
p
e
n
s
e
s
to
co
m
p
l
e
t
e
th
i
s
su
r
v
e
y
sh
a
l
l
be
in
c
l
u
d
e
d
in
sa
i
d
fe
e
.
Th
i
s
sh
a
l
l
in
c
l
u
d
e
bu
t
no
t
be
li
m
i
t
e
d
to
th
e
fo
l
l
o
w
i
n
g
:
1.
Ti
t
l
e
Wo
r
k
2.
Tr
e
e
id
e
n
t
i
f
i
c
a
t
i
o
n
3.
Mi
l
e
a
g
e
4.
Pr
i
n
t
s
5.
Pr
i
v
a
t
e
lo
c
a
t
e
s
De
l
iv
e
r
a
b
l
e
s
A.
Th
e
su
r
v
e
y
o
r
sh
a
l
l
fu
r
n
i
s
h
co
p
i
e
s
of
th
e
pl
a
t
or
ma
p
.
Di
g
i
t
a
l
co
p
i
e
s
of
th
e
pl
a
t
or
ma
p
sh
a
l
l
be
pr
o
v
i
d
e
d
in
ad
d
i
t
i
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Page 151 of 195
224345v1
2.REPRESENTATIVES. City has designated ______________________ (the
“City Representative”), and the Engineer has designated ________________________ (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 $___________ 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
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.
Nate Siem
Damian Erickson
11,200.00
Eric Wilfahrt
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is made this 7th day of
April, 2025, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation,
whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter “City”) and Bolton &
Menk, a Land Surveying Company, whose business address is 12224 Nicollet Ave,
Burnsville, MN 55337 (hereinafter “Engineer”).
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide
a variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose of
this Agreement is to set forth the terms and conditions for the provision of professional services
by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on
Exhibit “A” attached hereto.
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set
forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall
provide all personnel, supervision, services, materials, tools, equipment and supplies and do all
things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under
this Agreement shall be done under the review of a professional engineer licensed in the State of
Minnesota, who shall attest that the Work will be performed in compliance with all applicable
codes and engineering standards. The Work shall be performed in accordance with the Contract
Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of
Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or
conflict between the Contract Documents listed above, the order of precedence shall be the
following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”.
Page 152 of 195
224345v1
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
______________, 20___. 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
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
Page 153 of 195
224345v1
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.
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.
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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
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.
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o. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the
specified insurance, then Engineer will defend, indemnify, and hold harmless the
City, the City's officials, agents, and employees from any loss, claim, liability, and
expense (including reasonable attorney's fees and expenses of litigation) to the
extent necessary to afford the same protection as would have been provided by the
specified insurance. Except to the extent prohibited by law, this indemnity applies
regardless of any strict liability or negligence attributable to the City (including sole
negligence) and regardless of the extent to which the underlying occurrence (i.e.,
the event giving rise to a claim which would have been covered by the specified
insurance) is attributable to the negligent or otherwise wrongful act or omission
(including breach of contract) of Engineer, its subcontractors, agents, employees or
delegates. Engineer agrees that this indemnity shall be construed and applied in
favor of indemnification. Engineer also agrees that if applicable law limits or
precludes any aspect of this indemnity, then the indemnity will be considered
limited only to the extent necessary to comply with that applicable law. The stated
indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity in section p, the City may require
Engineer to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's
insurance company.
Engineer will take the action required by the City within fifteen (15) days of receiving
notice from the City.
10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an
independent contractor upon the terms and conditions set forth in this Agreement. The Engineer
is not an employee of the City and is free to contract with other entities as provided herein.
Engineer shall be responsible for selecting the means and methods of performing the work.
Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's
performance under this Agreement. City and Engineer agree that Engineer shall not at any time
or in any manner represent that Engineer or any of Engineer's agents or employees are in any
manner agents or employees of the City. Engineer shall be exclusively responsible under this
Agreement for Engineer's own FICA payments, workers compensation payments, unemployment
compensation payments, withholding amounts, and/or self-employment taxes if any such
payments, amounts, or taxes are required to be paid by law or regulation.
11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services
provided under this Agreement without the express written consent of the City. Engineer shall
comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed
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.
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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.
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
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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.
27. COUNTERPARTS. This Agreement may be executed in multiple counterparts,
each of which shall be considered an original.
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Dated:__________________, 20___ CITY: CITY OF FARMINGTON
By:
Joshua Hoyt
Mayor
By:
Shirley R Buecksler
City Clerk
Dated:__________________, 20___ ENGINEER:
By:
_____________________________ [print name]
Its __________________________ [title]
April 1 25
BOLTON & MENK, INC.
Eric Wilfahrt
Principal Survey Manager
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EXHIBIT “A”
SCOPE OF SERVICES
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EXHIBIT “B”
SCHEDULE OF PAYMENT AND FEE SCHEDULE
Page 161 of 195
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Gary Rutherford, Police Chief
Department: Police
Subject: Resolution Declaring Surplus Property-Police
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
The Police Department recommends declaring it's 2006 Chevy Impala as surplus equipment.
DISCUSSION:
Vehicle 0557, a 2006 Chevrolet Impala, was originally purchased by the Police Department for use
by Investigators. After being rotated out of regular investigative service, it has been used for
surveillance and training purposes.
and costs maintenance increasing experienced vehicle decreased the years, recent In has
utilization. Due to these factors, we are requesting that Vehicle 0557 be declared surplus.
BUDGET IMPACT:
Our intention is to request fleet management to list the vehicle and sell it on GovDeals, with any
sale price returning to the Vehicle Equipment Fund.
ACTION REQUESTED:
Staff recommends adopting Resolution 2025-024 Declaring Items as Surplus and Authorizing
Disposal of Vehicle 0557, 2006 Chevy Impala.
ATTACHMENTS:
2025-024 Declaring Property Surplus - '06 Impala
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2025-024
A RESOLUTION DECLARING ITEMS AS SURPLUS
AND AUTHORIZING DISPOSAL
WHEREAS, the Police Department is requesting authorization to dispose of the following
vehicle that is no longer in use and is requesting to dispose of the vehicles by sale at auction with
funds being deposited into the Vehicle Equipment Fund:
2006 Chevrolet Impala
VIN: 2G1WS581269360182
WHEREAS, Vehicle 0557 was originally purchased by the Police Department for use by
investigators and has since been used for surveillance and training purposes; and
WHEREAS, in recent years, the vehicle has experienced increasing maintenance costs
and decreased utilization; and
WHEREAS, the Police Department recommends that Vehicle 0557 be listed for sale on
GovDeals, with any sale proceeds returning to the Vehicle Equipment Fund.
NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the
above listed items are declared surplus and authorize their disposal with any proceeds to be placed
into the Vehicle Equipment Fund.
Adopted by the City Council of the City of Farmington, Minnesota, this 7th day of April 2025.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: John Powell, Public Works Director
Department: Engineering
Subject: Professional Services Agreement with Short Elliott Hendrickson, Inc. for the CR 50
& Pilot Knob Road Traffic Signal Replacement Design Services
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
The developer has submitted Preliminary and Final Plat applications for Vita Attiva at South Creek
Fourth Addition, and Vita Attiva at South Creek Fifth Addition. These are the final phases of this
development. The Development Contract for the first phase of the project required the Developer to
construct Pilot Knob Road from CR 50 to Spruce Street as part of the final phase. This included
upgrading the traffic signal at CR 50 and Pilot Knob Road. Dakota County required that the City
manage the design of the traffic signal replacement. The Developer has provided a cash escrow to
the City in the amount of $45,000 to pay professional costs associated with the design.
DISCUSSION:
On February 21, 2023, the City Council approved the Consultant Pool for 2023-2027. Short Elliott
Hendrickson is one of the firms in the Consultant Pool and has prepared the attached scope and
budget based on meetings and discussions with City Staff regarding this project. The scope
includes these major tasks:
Task 1 Project Management and Meetings
Task 2 Field Review of Intersection and Topographic Survey
Task 3 Prepare 30% Plans and Estimate
Task 4 Prepare 60% Plans, Technical Specifications, and Estimate
Task 5 Prepare 90-100% Plans, Specifications, and Estimate
As stated in the PSA, the anticipated construction scope includes the following:
Upgrading pedestrian curb ramps to be Americans with Disabilities Act (ADA) and Public
Right-of-Way Accessibility Guidelines (PROWAG) compliant.
Adjusting median noses on the east and west legs of CSAH 50 to accommodate pedestrian
crossings of both legs of CSAH 50.
Curb ramps designed to accommodate proper drainage on each quadrant (no existing catch
basins are likely to be impacted by the project work).
Accessible Pedestrian Signals (APS) pedestrian push button upgrades (in conjunction with
pedestrian curb ramp improvements at the intersection).
Flashing yellow arrow upgrades for all intersection approaches.
Page 164 of 195
Non-intrusive vehicular detection for each intersection approach.
Emergency Vehicle Preemption (EVP) capabilities.
Interconnection to adjacent signal systems (if facilities already exist along CSAH 50).
Battery back-up service cabinet capabilities.
Signing and pavement marking modifications to accommodate construction at the
intersection
Dakota County Staff has also reviewed and approves of the proposed work scope.
BUDGET IMPACT:
Work under this contract will be billed hourly for a cost not to exceed $46,000. While the escrow
deposit is only $45,000, the Developer remains responsible for all professional costs associated
with the design.
ACTION REQUESTED:
Approve a Professional Services Agreement with Short Elliott Hendrickson, Inc. for the CR 50 &
Pilot Knob Road Traffic Signal Replacement Design Services.
ATTACHMENTS:
040725 PSA SEH CR 50 & Pilot Knob Road design
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is made this 7th day of April, 2025,
by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose
business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and Short Elliott
Hendrickson, Inc., a Minnesota Corporation, whose business address is 3535 Vadnais Center
Drive, St. Paul, MN 55110 (hereinafter "Engineer").
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide
a variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose of
this Agreement is to set forth the terms and conditions for the provision of professional services
by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on
Exhibit “A” attached hereto.
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set
forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall
provide all personnel, supervision, services, materials, tools, equipment and supplies and do all
things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under
this Agreement shall be done under the review of a professional engineer licensed in the State of
Minnesota, who shall attest that the Work will be performed in compliance with all applicable
codes and engineering standards. The Work shall be performed in accordance with the Contract
Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of
Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or
conflict between the Contract Documents listed above, the order of precedence shall be the
following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”.
2. REPRESENTATIVES. City has designated John Powell, Public Works
Director/City Engineer (the “City Representative”), and the Engineer has designated Jen Desrude,
Client Service Manager (the “Engineer Representative”). The City Representative and the
Engineer Representative shall be available as often as is reasonably necessary for reviewing the
Services and Work to be performed.
3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the
services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule,
Exhibit “B”, but not to exceed $46,000 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
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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
August 31, 2025. 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
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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.
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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
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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
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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.
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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.
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27. COUNTERPARTS. This Agreement may be executed in multiple counterparts,
each of which shall be considered an original.
Dated: April 7, 2025 CITY: CITY OF FARMINGTON
By:
Joshua Hoyt
Mayor
By:
Shirley Buecksler
City Clerk
Dated:__________________, 20___ ENGINEER:
By:
_____________________________ [print name]
Its
__________________________ [title]
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March 27
Principal
25
Jim Hall
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EXHIBIT “A”
SCOPE OF SERVICES
AND
EXHIBIT “B”
SCHEDULE OF PAYMENT AND FEE SCHEDULE
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Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110
SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax
January 21, 2025 RE: Farmington, Minnesota
Signal and Curb Ramp Design Services
CSAH 50 (212st Street) at
CSAH 31 (Pilot Knob Road)
Dakota County Project No. 31-113
SEH No. FARMC P-178074
Mr. John Powell, PE
Public Works Director / City Engineer
City of Farmington
430 Third Street
Farmington, Minnesota 55024
Dear Mr. Powell:
Short Elliott Hendrickson Inc.® (SEH) appreciates the opportunity to submit this proposal to the City of Farmington
for design services related to the full replacement of the existing traffic control signal system and also pedestrian curb
ramp improvements at the intersection of CSAH 50 (212th Street West) and CSAH 31 (Pilot Knob Road). The scope
of this project will be from initial design to agency approval (City, County, and State Aid) to allow for this project to
proceed to advertising, letting and construction under a future City project scope.
This letter proposal can be the basis for an agreement for the work on this project and all subsequent services. As part
of the project, we have put together the following work program for performing the services of this project. The work
program is fairly well defined based on anticipated cooperative efforts between SEH, the City of Farmington, and
Dakota County for traffic signal and ADA improvement work. The work program does, however, provide flexibility
to make the most efficient use of SEH, City, and County staff.
Background
In 2021, the City was presented with a proposed new residential development plan (“Vita Attiva at South Creek” by
Bloch Engineering) that would require construction of a new south leg of the CSAH 50-CSAH 31 intersection to
access the new development site. As part of this site work, the developer would be responsible for the construction
of the new south leg of Pilot Knob Road (future CSAH 31) along with the construction of a new eastbound right turn
lane off of CSAH 50. Constructing a new south leg of the intersection would have significant impacts to the
existing traffic signal system, and would also require that pedestrian provisions be constructed on the southeast and
southwest quadrants of the intersection to connect to existing trails on the northeast and northwest quadrants.
During the 2022 CIP process, the City and the County engaged in discussions regarding potential improvements at
this intersection including the full replacement of an aged traffic signal system that was originally designed to
accommodate the current 3-legged intersection. Given the number of modifications to the signal system that would
be required to accommodate the construction of a fourth leg of the intersection (as well as the age and condition of
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Mr. John Powell, PE
January 21, 2025
Page 2
the existing signal system), the City and County agreed that full signal replacement was necessary with any potential
development to the south.
Full signal replacement was programmed as County Project 31-113 in the County’s 2023 CIP, with the County
providing 25% of the construction funds (via County State Aid funds). The City of Farmington proposes to have
these modifications completed as part of a stand-alone project potentially during the 2025 construction season (or in
2026 depending on time line for the next phase of development).
Work anticipated to be included in the full replacement of this signal system will include but not be limited to:
• Upgrading pedestrian curb ramps to be ADA and PROWAG compliant,
• Adjusting median noses on the east and west legs of CSAH 50 to accommodate pedestrian crossings of both
legs of CSAH 50,
• Curb ramps designed to accommodate proper drainage on each quadrant (note that no existing catch basins
are likely to be impacted by the project work),
• APS pedestrian push button upgrades (in conjunction with pedestrian curb ramp improvements at the
intersection),
• Flashing yellow arrow upgrades for all intersection approaches,
• Non-intrusive vehicular detection for each intersection approach,
• Emergency Vehicle Preemption (EVP) capabilities,
• Interconnection to adjacent signal systems (if facilities already exist along CSAH 50),
• Battery back-up service cabinet capabilities, and
• Signing and pavement marking modifications to accommodate construction at the intersection.
SEH will provide the City of Farmington with all plan and specification design services needed to deliver the
proposed traffic signal project up through State Aid approval (and to bring the project up to advertising and letting
of the construction work). Bidding and construction services would be covered under a separate project scope and
are not included in this proposed work scope. All improvements will be completed to meet all local, County, and
Municipal State Aid requirements for traffic signals, and all plans and specifications will be compiled in an
approved format to meet these requirements to the City’s and County’s satisfaction.
Scope of Work
Task 1 - Project Management and Meetings
SEH will provide all required project management and coordination including setting up, attending, and
documenting minutes for all required meetings, project invoicing on a monthly basis, and all other project
management related tasks.
Meetings are anticipated to include a design kick-off meeting with City and County staff, regular design meetings at
appropriate times (including after 30%, 60%, and 90% plan submittals) – up to 4 additional regular design meetings
during project design – and bi-weekly calls with the City to discuss project issues and progress.
In addition, one utility coordination meeting will be scheduled between 30 and 60% designs so that all local utilities
within the construction area are informed of the impending construction. Any impacts to their facilities can then be
discussed early in the design process to allow for any potential utility relocations or adjustment of the signal and
intersection designs to avoid conflicts with these facilities.
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Task 2 - Field Review of Intersection and Survey
In order to prepare detailed plans for pedestrian curb ramp improvements and signal replacement, survey information
will be required to be obtained for all four corners of the intersection.
SEH will perform a detailed survey of the intersection as part of our project scope. This work will entail an updated
utility locate (through Gopher State One Call), on-site survey of all intersection topography (including marked
utilities), curb and sidewalk elevations, horizontal control, and other miscellaneous work needed to obtain detailed
site information for approximately 100 feet in each direction on each of the four corners of the intersection included
in this work.
A field walk and review of the existing topography and pedestrian facilities will be completed by SEH’s civil design
engineer prior to starting any ADA curb ramp design to determine recommended ramp types and other ADA design
considerations.
SEH will obtain the latest design information from the developer regarding the proposed south leg construction and
the eastbound CSAH 50 right turn lane construction, so that this information can be included in our overall design
files and accounted for with the overall ADA curb ramp design on all corners of the intersection.
From this information, a base layout in AutoCAD will be prepared for our use in preparing an updated detailed
pedestrian curb ramp and sidewalk plan for construction to ADA/PROWAG requirements as well as for the detailed
signal design layout.
At this time, it is not anticipated that additional right of way will be needed to construct this project, and thus no
services related to any right of way designation or acquisition are included in our scope of services. The County will
provide their available right of way map base files and final right of way mapping information for existing right of
way areas, which will be utilized in the overall design to keep all intersection and signal components within this
right of way.
Using existing signal plans to be obtained by SEH from the County, SEH will perform a brief site visit of this signal
system to determine locations of existing signal components and requirements for signal construction work needed
to upgrade this signal system within the confines of the intersection area.
Task 3 - Prepare 30% Plans and Estimate
Using the survey information compiled by SEH as well as our detailed field review work, SEH will prepare a 20
scale base drawing of the intersection area for use in developing plan sheets. SEH will prepare a preliminary (30%)
signal layout for City (and County) review. This layout will include proposed signal pole, push button, cabinet,
source of power, handhole, and curb ramp locations along with proposed signal phasing information.
At the beginning of this task, SEH will contact the local power company to confirm the source of power location to
be used for the replacement signal system.
Plans at this stage will also include ADA construction, in-place utilities, drainage considerations, ADA details, along
with a preliminary plan title sheet. A 30% opinion of estimated construction costs will be prepared for agency
review and comments. SEH will also conduct QA/QC of the plans to confirm that plans and designs between each
design group are coordinated and consistent through the overall design.
It is not anticipated that geotechnical investigation services (soil borings) or permit application preparation will be
required as part of this project and thus these items are not included as part of our project scope.
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Mr. John Powell, PE
January 21, 2025
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Task 4 – Prepare 60% Plans, Technical Specifications, and Estimate
After receiving comments from the City and County, SEH will prepare a 60% design for the signal system and
intersection. Plan sheets to be included at this design stage will include all sheets expected to be in the final plan set
including but not limited to:
• Updated plan title sheet.
• Statement of Estimated Quantities.
• Construction notes and details.
• Standard Plates, Standard Plans, and other details as applicable (including standard ADA plans).
• In-place utility tabulation and plan as needed.
• Traffic control information and layout as needed.
• Intersection construction plans, including removals and proposed construction plan views.
• Drainage plans as needed.
• ADA pedestrian curb ramp and APS intersection details.
• Pavement marking and signing plans and details.
• Full traffic signal design including intersection layout, field wiring diagram, traffic signal details (including
overhead signing details), interconnect layouts as needed, and “For Information Only” plan sheets of the
existing signal system.
Note that no design services or plan preparation is included in this project scope as related to the design and
construction of the south leg of Pilot Knob Road and the design and construction of the eastbound CSAH 50 right
turn lane onto Pilot Knob Road. These services are being provided by others, and SEH will coordinate getting
updated information on these designs from the developer and including applicable information in the overall signal
and curb ramp plan set.
SEH will utilize sample County specifications and signal plans/details in the compilation of the full 60% plan set (to
be provided by the County early in the project).
ADA calculations and plans will be updated based on City and County comments received at 30% design. Any
coordination needed with the MnDOT ADA office will also be completed at this stage as required.
An updated opinion of estimated construction costs will be prepared using the proposed Statement of Estimated
Quantities bid items. In addition, technical specifications (including the Division S and SS sections) will be
prepared at this stage for initial City and County review.
Using the latest available traffic count information to be provided to SEH by the County (no traffic counts will be
taken by SEH as part of the project scope), along with intersection crash data to be obtained by SEH from the City
and the State, SEH will compile these traffic counts and compare them against Minnesota Manual on Uniform
Traffic Control Devices (MnMUTCD) traffic signal warrants for compliance and justification of the signal system.
SEH will then prepare a draft Signal Justification Report (in a typical County approved format) for City and County
review and comments. Upon receipt of all comments, SEH will finalize the SJR, provide an electronic copy of the
SJR to the City for signatures, and assist the City in submittal of the SJR to the County and to MnDOT State Aid.
Any comments on the SJR received from the above mentioned agencies will be addressed by SEH as needed, and a
revised electronic copy of the SJR will be submitted to each agency for final approval and signatures.
SEH will conduct a second QA/QC session of the plans and any other related project documents with each design
group and document this process through Bluebeam.
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Mr. John Powell, PE
January 21, 2025
Page 5
Task 5 – Prepare 90-100% Plans, Specifications, and Estimate
All items submitted to the City and County for review at 60% will be revised based on comments received from
each agency. This includes any plan, technical specification, estimate, and SJR comments received. A final QA/QC
session will be completed by SEH staff leading up to the 90% submittal of the project documents.
After the 90% internal QA/QC process has been completed, SEH will submit updated plans, technical specifications,
estimate, and SJR to the City, County, and MnDOT Metro State Aid for review and comments. Cost estimate
information will be provided to each agency in both Excel and PDF formats.
Comments received from each agency on the 90% submittal will be addressed, and final documents will be
submitted to the City, County, and State Aid for approval and signatures.
Specific items that should be included in the project design will be discussed with the City and County as needed.
The plan sheets will be signed by a licensed civil engineer. The plans and specifications will meet all applicable
requirements of the Minnesota Manual on Uniform Traffic Control Devices, the MnDOT State-Aid Standards, and
all applicable state and local electrical codes.
SEH will prepare formal bid documents using all applicable City, County, and State Aid sections (for advertising the
project either online and/or in local publications). These will be provided with all approved plans and technical
specifications to the City, so that the City can advertise and bid the project.
As mentioned above, bidding and construction services are not included in this project scope, but can be provided by
SEH at a fee to be negotiated between the City and SEH (should the City desire to have SEH provide these services).
Schedule
SEH proposes to begin work upon notice-to-proceed, and will provide a more detailed schedule upon authorization to
proceed on this project. However, we will work to have all design components of the project completed to allow for
this project to be bid in 2025 and constructed either in the fall of 2025 or in 2026.
All of the staff assigned to the project has time available to adequately meet project needs.
Compensation
The proposed work program includes project management and coordination, survey, plan-technical specification-
estimate-SJR preparation, and assistance with all project submittals and approvals. We propose to be paid for the
work we do on an hourly basis based on direct labor costs, plus the actual cost of reimbursable expenses.
All work, as defined above, will be done on an hourly basis (plus reimbursable expenses) for an overall cost-not-to-
exceed of $46,000. This cost will not be exceeded except as otherwise approved by the City.
Estimated Work Hours and Costs
Task Project
Manager
Civil
Engineer
Survey/
Admin.
Asst.
Technician Labor/
Task Expenses Cost/
Task
Task 1 - Project Mgmt 20 3 3 8 $7,510 $90 $7,600
Task 2 – Survey, Field 8 2 27 6 $6,940 $560 $7,500
Task 3 – 30% Submittal 25 4 28 $11,565 $35 $11,600
Task 4 – 60% Submittal 34 4 18 $12,500 $100 $12,600
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Mr. John Powell, PE
January 21, 2025
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Task 5 – Final Submittals 18 2 10 $6,660 $40 $6,700
Total Project Hours 105 15 30 70
Cost $27,825 $3,300 $3,900 $10,150 $45,175 $825 $46,000
Average Hourly Rates $265 $220 $130 $145
We appreciate the opportunity to submit this letter proposal to the City of Farmington, and look forward to being
able to work with you and the City on this project. Feel free to contact John Gray at 651.403.4383 or at
jgray@sehinc.com if you have any questions or comments regarding any of the above mentioned information.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
John M. Gray, PE Jen Desrude, PE
Project Manager Client Service Manager
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: John Powell, Public Works Director
Department: Engineering
Subject: Resolution Declaring Surplus Equipment-Public Works
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
Public Works is requesting authorization to dispose of equipment that has exceeded its useful life
and which has been replaced.
DISCUSSION:
A complete listing of the item(s) proposed to be declared surplus, and the reason why, is provided
below:
2001 Sterling Dump Truck (0706); truck has been replaced
Eight police squad light bars; equipment has been replaced
Six police squad push bumpers; equipment has been replaced
Staff proposes to put the truck and equipment up for auction or dispose of it via direct sale.
BUDGET IMPACT:
None; any proceeds received will be forwarded to the Finance Department.
ACTION REQUESTED:
Adopt Resolution 2025-025 Declaring Items as Surplus and Authorizing Disposal.
ATTACHMENTS:
Resolution 2025-025 Declaring Property Surplus - Public Works - Copy
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2025-025
A RESOLUTION DECLARING ITEM AS SURPLUS
AND AUTHORIZING DISPOSAL
WHEREAS, the Public Works Department is requesting authorization to dispose of the
following equipment that is no longer in use due to the condition and usefulness of the equipment
and is requesting to dispose of the equipment via auction or sale:
2001 Sterling Dump Truck (0706)
Eight police squad light bars
Six police squad push bumpers
NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the
above listed item is declared surplus and authorize its disposal.
Adopted by the City Council of the City of Farmington, Minnesota, this 7th day of April 2025.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
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AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From: Shirley Buecksler, City Clerk
Department: Administration
Subject: Application for Beer & On-Sale Wine License from Grace Filled Table LLC dba
Lighthouse Kitchen + Cafe
Meeting: Regular Council - Apr 07 2025
INTRODUCTION:
For Council approval is an application from Grace Filled Table LLC dba Lighthouse Kitchen + Cafe
for a Beer & On-Sale Wine License at 953 8th Street, Farmington.
DISCUSSION:
The City received an application from Katherine Thovson for a Beer & On-Sale Wine License for
Grace Filled Table LLC dba Lighthouse Kitchen + Cafe, located at 953 8th Street in Farmington. All
required applications, fees, and insurance have been received and approved by the Police Chief.
Per City Code, a public hearing must be held. Notice of public hearing was published in the Dakota
County Tribune's March 28, 2025 edition.
Staff recommends approval of the Beer & On-Sale Wine License for Grace Filled Table LLC dba
Lighthouse Kitchen + Cafe. Upon City Council approval, Staff will forward the applicable license
materials to the Minnesota Department of Public Safety, Alcohol & Gambling Enforcement Division.
This license will be effective as of the date of State approval through December 31, 2025.
The Applicant, Katherine Thovson, is planning to attend the public hearing to answer any questions
Council may have.
BUDGET IMPACT:
The Applicant has paid the license fee in full for 2025:
On-Sale Beer: $250
On-Sale Wine: $300
Investigation Fee: $100
Total paid: $650
ACTION REQUESTED:
Conduct the public hearing and motion to approve the Beer & On-Sale Wine License for Grace
Filled Table LLC dba Lighthouse Kitchen + Cafe, located at 953 8th Street, Farmington, MN.
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ATTACHMENTS:
Liquor License App, Lighthouse Kitchen and Cafe, redacted
2025 AGE Wine License, Lighthouse Kitchen + Cafe
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2025-17LL
550.00
Farmington
Dakota
Grace Filled Table LLC
Lighthouse Kitchen + Cafe
953 8th Street, Farmington, Minnesota 55024
April 7, 2025 December 31, 2025
X
Farmington April 7, 2025
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