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HomeMy WebLinkAbout05.19.25 Council Packet Meeting Location: Farmington City Hall, Council Chambers 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Monday, May 19, 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 5.1. Retirement Recognitions Agenda Item: Retirement Recognitions - Pdf 3 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS (This time is reserved for citizen comments regarding non-agenda items. No official action can be taken on these items. Speakers are limited to five minutes to address the city council during citizen comment time.) 7. CONSENT AGENDA 7.1. Minutes of the May 5, 2025 Council Work Session Agenda Item: Minutes of the May 5, 2025 Council Work Session - Pdf 4 - 6 7.2. Minutes of the May 5, 2025 Regular City Council Meeting Agenda Item: Minutes of the May 5, 2025 Regular City Council Meeting - Pdf 7 - 14 7.3. Development Contract Release - Vermillion River Crossings Lot 2, Block 3 Agenda Item: Development Contract Release - Vermillion River Crossings Lot 2, Block 3 - Pdf 15 - 18 7.4. Payment of Claims Agenda Item: Payment of Claims - Pdf 19 - 20 Payment of Claims Page 1 of 104 7.5. Selection of Health Insurance Broker Agenda Item: Selection of Health Insurance Broker - Pdf 21 - 82 7.6. Staff Approvals and Recommendations Agenda Item: Staff Approvals and Recommendations - Pdf 83 7.7. Professional Services Agreement with WSB LLC for the Northeast Area Trunk Utilities Preliminary Design Agenda Item: Professional Services Agreement with WSB LLC for the Northeast Area Trunk Utilities Preliminary Design - Pdf 84 - 104 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN Page 2 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: David Chanski, Asst City Admin/HR Director Department: HR Subject: Retirement Recognitions Meeting: Regular Council - May 19 2025 INTRODUCTION: Police Chief Gary Rutherford and Public Works Maintenance Worker Jeff Jones both retire at the end of the month. We would like to recognize their achievement and wish them a happy retirement. Page 3 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the May 5, 2025 Council Work Session Meeting: Regular Council - May 19 2025 INTRODUCTION: For Council approval are the minutes of the May 5, 2025 Council Work Session. ACTION REQUESTED: Approve the minutes of the May 5, 2025 Council Work Session. ATTACHMENTS: 05.05.25 Work Session Minutes Page 4 of 104 Work Session Minutes of May 5, 2025 Page 1 of 2 City of Farmington City Council Work Session Minutes Monday, May 5, 2025 The City Council met in a work session on Monday, May 5, 2025, at Farmington City Hall, 430 Third Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the meeting to order at 5 pm. 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, City Administrator/HR Director Kim Sommerland, Finance Director Matt Price, Fire Chief Kellee Omlid, Parks & Recreation Director John Powell, Public Works Director Shirley Buecksler, City Clerk 2. APPROVE AGENDA Motion was made by Councilmember Bernatz and seconded by Councilmember Cordes to approve the agenda, as presented. Motion carried: 5 ayes / 0 nays 3. DISCUSSION ITEMS 3.1 Full-Time Staffing for the Fire Department Chief Price presented detailed information and possible courses of action for full-time staffing options for the Fire Department, with a preference for six (6) full-time Fire Staff to start in January 2026. Doing so would provide the Fire Department with staffing coverage 24 hours a day, 7 days per week. Fire Station #1 would need remodeling of the restroom facilities and the addition of sleeping quarters. The City Council was in full support of Chief Price’s recommendation. Options for funding will be discussed at the next work session. Page 5 of 104 Work Session Minutes of May 5, 2025 Page 2 of 2 4. COUNCIL COMMITTEE UPDATE 5. CITY ADMINISTRATOR UPDATE Administrator Gorski discussed: a. City Hall Summer Hours: • Monday through Thursday 7:30 am – 5 pm • Friday 8 am – Noon • Memorial Day through Labor Day City Council is in support of the summer hours, as presented, and discussed how it may affect each department. b. Market on Oak submitted a request for a social district in Farmington to provide an opportunity for patrons of on-sale liquor establishments to walk around with an alcoholic beverage. Discussion: • No glass containers and no lids. • Policing is on the establishment. • Additional receptacles for recycling/trash to be emptied and maintained by the establishment. Staff will research this item and bring back to Council at a future date. c. On tonight’s regular agenda is the promotion for Nate Siem from Deputy Chief to Police Chief. 6. ADJOURNMENT Motion was made by Councilmember Wilson and seconded by Councilmember Lien to adjourn the meeting at 6:04 pm. Motion carried: 5 ayes / 0 nays Respectfully submitted, Shirley R Buecksler City Clerk Page 6 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the May 5, 2025 Regular City Council Meeting Meeting: Regular Council - May 19 2025 INTRODUCTION: For Council approval are the minutes of the May 5, 2025 Regular City Council Meeting. ACTION REQUESTED: Approve the minutes of the May 5, 2025 Regular City Council Meeting ATTACHMENTS: 05.05.25 Council Minutes Page 7 of 104 Regular City Council Meeting Minutes of May 5, 2025 Page 1 of 7 City of Farmington Regular Council Meeting Minutes Monday, May 5, 2025 The City Council met in regular session on Monday, May 5, 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 Kim Sommerland, Finance Director Matt Price, Fire Chief Joshua Threet, Fire Lieutenant and Fire Relief President Kellee Omlid, Parks & Recreation Director Gary Rutherford, Police Chief Nate Siem, Deputy Police Chief John Powell, Public Works Director Shirley Buecksler, City Clerk Also Present: Emersyn Siem, Daughter of Deputy Police Chief Nate Siem 4. APPROVE AGENDA Motion was made by Councilmember Bernatz and seconded by Councilmember Cordes to approve the agenda, as presented. Motion carried: 5 ayes / 0 nays Page 8 of 104 Regular City Council Meeting Minutes of May 5, 2025 Page 2 of 7 5. ANNOUNCEMENTS / COMMENDATIONS 5.1 Peace Officers Memorial Day Proclamation A proclamation was read by the City Council to proclaim May 15, 2025 as Peace Officers Memorial Day in Farmington. 5.2 National Public Works Day Proclamation A proclamation was read by the City Council to proclaim the week of May 18 to 24, 2025 as National Public Works Week in Farmington. 5.3 Top the Tater Days Proclamation A proclamation was read by the City Council to proclaim an exception to City Code, Section 3-11-4, for Top the Tater Days – Thursday, June 26, through Sunday, June 29. 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS The following citizen(s) addressed the Council: • Gary Johnson, 22280 Berring Ave, Castle Rock Township • Nancy Aarestad, 22165 Beaumont Ave, Castle Rock Township • Eszter Varga, 3094 225th St, Castle Rock Township • Nate Ryan, 22390 Cambrian Way, Castle Rock Township • Terrie Pearson, 2475 225th St W, Castle Rock Township 7. CONSENT AGENDA 7.1 Application for Gambling Event Permit for Farmington Area Education Foundation June 13, 2025 7.2 Application for Gambling Event Permit for Farmington Youth Football Association – Raffle 7.3 Application for Gambling Event Permit for Farmington Youth Hockey Association June 26-29, 2025 during Top the Tater Days 7.4 Minutes of the April 21, 2025 Council Work Session 7.5 Minutes of the April 21, 2025 Regular City Council Meeting 7.6 Temporary On-Sale Liquor License for The Rotary Club of Farmington June 27-29, 2025 7.7 Temporary On-Sale Liquor License for The Rotary Club of Farmington August 23, 2025 7.8 Financial Review for the Quarter Ending December 31, 2024 7.9 Payment of Claims 7.10 Bylaws of the Farmington Firefighters Relief Association Page 9 of 104 Regular City Council Meeting Minutes of May 5, 2025 Page 3 of 7 7.11 Staff Recommendations and Approvals, including the appointment(s) of: • Corey Ley as Seasonal Public Works Maintenance Worker • Alexandria Sanders as Skate Instructor • Lukas Harries as Seasonal Park Maintenance Worker • Karina Short as Senior Administrative Support Technician • Promotion of Deputy Police Chief Nathaneal Siem to Police Chief (effective May 31, 2025) 7.12 Agreement with Wayzata Results for Race Result Timing Services 7.13 Donation from Minnwest Bank to the Rambling River Center 7.14 Donations to the Tater Trot 7.15 Request to Waive Fees for 2025 Top the Tater Days Motion was made by Councilmember Bernatz and seconded by Councilmember Lien 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 11. UNFINISHED BUSINESS 12. NEW BUSINESS 12.1 Amend Title 8, Chapter 11, of the Farmington City Code Regarding Right - of-Way Management Director Powell presented the ordinance amendment and answered questions for the Council. Motion was made by Councilmember Wilson and seconded by Councilmember Cordes to pass Ordinance 2025-002 Amending Title 8, Chapter 11, of the Farmington City Code Regarding Right -of-Way Management. Motion carried: 5 ayes / 0 nays 13. CITY COUNCIL ROUNDTABLE City Attorney Schmidt: Just a point of clarification on the Mayor’s request to follow up with one of the speakers from public comment. On the assumption that the follow-up Page 10 of 104 Regular City Council Meeting Minutes of May 5, 2025 Page 4 of 7 would be regarding the ethics complaints that were filed, I would note that the City has a separate attorney for employment. With your permission, I would defer to that attorney to make the response, and I can work with the City Administrator to make sure that either I or that attorney respon d appropriately. Mayor: please and thank you. Administrator Gorski: Thank you for the clarification. We’ll work with Flaherty & Hood. And to prove that I don’t take myself too seriously, as a follow-up to your last meeting, I would just say (as she dons her Kentucky Derby hat) that I have nothing further to report. This hat is one of many in my collection from my hometown. For anybody else’s reference, I grew up on a horse farm in the horse business in Kentucky. That ’s why it’s my favorite holiday. Councilmember Bernatz: In the consent agenda was a pretty bi g and pretty special change to the Police Department, and just a robust and exciting congratulations. As hard as it is going to be to not have Chief Rutherford’s antics and sense of humor as a part of my regular interactions, I could not be more pleased than to welcome you into that position. Congratul ations. Councilmember Cordes: Congratulations, Nate, on this well-deserved honor. Councilmember Wilson: I want to congratulate the high school theater program for the amazing worth they did and all the talented high school men and women who were part of ‘Guys and Dolls.’ It was pretty darn amazing. For anybody who drives the roundabouts, Pilot & 195th, Akin & 195th, from my perspective, it’s terrifying in the sense of the crosswalks where the people cross and where the bikes cross and cars are watching. I ’m waiting to get rear-ended because I’m going to slow down and stop. We ’ve talked to Dakota County about moving those crossing area further back so that traffic can see them, especially in the blind area. Kellee, even though we’re at the biking and running season already, maybe there ’s a possibility they can throw up a sign of some type. I just want it to be on their radar that it ’s a big issue. Lastly, Nate, I’m super excited to have you promoted. I know the acknowledgement on our agenda today is really just kind of the formal announcement, but we have your celebration and swearing in coming soon. Looking forward to you taking over. Obviously, we ’re going to miss the Chief, too. So it’s an exciting transition. Page 11 of 104 Regular City Council Meeting Minutes of May 5, 2025 Page 5 of 7 Administrator Gorski: I, too, would like to congratulate Chief Rutherford on his official retirement on May 30th. And I’m guessing we’re going to have a big party. So, congratulations, and thank you for setting us up for success in the Police Department. Nate, we’re looking forward to your new role, and you have big shoes to fill. So, thank you and congratulations. Clerk Buecksler: Congratulations, Nate. Director Chanski: We’re looking forward to Karina Short joining us as our newest Senior Administrative Support Technician at the front desk. She is scheduled to join us on Wednesday, so we are very excited for that. Congratulations, Nate, looking forward to working with you for many more years. Gary, we still got you on payroll for 24 days. Director Kuennen: I just echo what everyone else has said. Congratul ations, Nate, and congratulations, Gary. Director Powell: The 2025 Street Improvements Project will have the pre-construction meeting tomorrow so residents in that neighborhood can expect us to send out a notice for a neighborhood meeting where they can meet the contractor and the inspector that will be working on the project. Also, on this project, we’ve initiated a process where we’re doing inspections of houses prior to construction starting to look for cracks and deficienc ies in the foundations, thinks like that, and documenting it , and making that available to the resident. So, if there’s an issue that comes up during construction, we have some point of reference for that information. Congratulations to Nate, well deserved. And well deserved to you, Chief. Director Omlid: Friday, May 16th, is the 4th Annual Spring Food Truck event at Stelzel Fields in Empire. We have eight confirmed food trucks, and it will be from 5 to 8 pm. I do want to send a huge thank you to both the Farmington Park s and Recreation Commission and the City of Empire Par ks and Recreation Page 12 of 104 Regular City Council Meeting Minutes of May 5, 2025 Page 6 of 7 Commission. It’s a great joint effort to do that event and last year was great. We probably had over 1,300 people there. So, hope to see you next Friday. On Saturday, May 17th, the Veteran Steak Fry at the VFW is for the Rambling River Center. This is from 4 – 8 pm, and $17 gets you a grilled Von Hansen steak, potato, salad, and dessert. (Looking towards Chief Rutherford) I do believe there will be lemon bars there if you’re available on that Saturday. Hope to see you there. I also want to congratulate Nate and look forward to working with you. Gary, I’m going to miss you but congratulations. Well deserved. Director Sommerland: I, too, want to extend my congratulations to both Nate and the Chief . Also, I want to highlight on tonight ’s consent agenda, the preliminary 2024 financial statements. It looks to be a strong performance with the General Fund. The auditors are still working on the final statements and they will be back probably in the next couple months t o present those statements to the City Council. Chief Price: Gary, it’s been an honor and a privilege. I wish you the best of luck. Nate, we got some work to do. Chief Rutherford: If I had known my antics were going to get called out, I totally would have brought my own Kentucky Derby hat. Thank you for all the kind words. I will close with – excellent choice. Congratulations, Nate. Chief Siem is going to serve the City well for many years to come. You guys are in good hands, for sure. Mayor Hoyt: I’ll save my remarks for Gary until the 23 rd. I don’t know if everybody knew you still had a meeting to go – it made it sound like this is your last one, but it’s not. Chief Rutherford: I feel like I’ve been reminded that I have 24 days of work left to do. Mayor: the guy who’s had the clock going for six years, or whatever it is. Nate, the pool was very good, and you had some very good competition. Early on, there was a lot of talk about internal or external but, at the end of the day, when you do the right thing, you always end up with the right result. Page 13 of 104 Regular City Council Meeting Minutes of May 5, 2025 Page 7 of 7 And we absolutely ended up with the right result. You did exactly as we expected you to do. You’ve taken over the Deputy Chief position and made it your own already. The way that the team has responded, and the feedback that’s been received, is nothing short of amazing. And I ’m not going to say you have big shoes to fil l, because I think his are technically smaller than yours. However, Chief Rutherford has provided exceptional leadership in a time of transition for our community. There is no doubt that you will continue on, and you’ll make it yours and you will lead in the best way possible – in the way that the men and women that you serve with eed to be led. And you’ll take that Department to the next level. I couldn’t be more fortunate and privileged to be in the jump seat to that ride and watching how you’re going to continue to develop that team. So, congratulations, and there will be more at your official Oath of Office . But, in the interim, and now because it’s public, congratulations, Chief -appoint. 14. ADJOURNMENT Motion was made by Councilmember Cordes and seconded by Councilmember Wilson to adjourn the meeting at 7:47 pm. Motion carried: 5 ayes / 0 nays Respectfully submitted, Shirley R Buecksler City Clerk Page 14 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Development Contract Release - Vermillion River Crossings Lot 2, Block 3 Meeting: Regular Council - May 19 2025 INTRODUCTION: Farmington, MN (4640 Knutsen) LLC has entered into a purchase agreement for the property located at 4640 Knutsen Drive (Lot 2, Block 3 Vermillion River Crossings) and is proposing the construction of a 10,081 square foot commercial child daycare and learning facility. DISCUSSION: For purposes of closing on the property, Farmington, MN (4640 Knutsen) LLC is requesting that the property be released from the obligations under the current development contract between the City and the Developer. All public improvements covered under the Development Contract for service of this site have been completed. ACTION REQUESTED: By motion, approve the attached Release of Development Contract for Lot 2, Block 3 Vermillion River Crossings. ATTACHMENTS: Vermillion River Crossings Release - InSite v2 04.30.25 Page 15 of 104 1 235723v1 (Reserved for Recording Data) RELEASE OF LAND FROM DEVELOPMENT CONTRACT AND CONFIRMATION OF DEDICATION This RELEASE OF LAND FROM DEVELOPMENT CONTRACT AND CONFIRMATION OF DEDICATION is granted this 19th day of May, 2025, by the CITY OF FARMINGTON, a Minnesota municipal corporation (“City”). WHEREAS, the City and Vermillion River Crossing, LLC (“Original Developer”) entered into a Development Contract dated August 1, 2005, filed of record in the Office of the Dakota County Recorder on October 26, 2005, as Document No. 2374405 (the “Original Contract”), relating to certain real property shown on the plat of Vermillion River Crossings filed of record in the Office of the Dakota County Recorder on October 7, 2005, as Document No. 2368326. WHEREAS, subsequent amendments to the Original Contract were approved and entered into, including the following, each one filed of record in the Office of the Dakota County Recorder on the date and with the Document Number indicated: First Amendment to Development Contract dated May 15, 2006, recorded on May 22, 2006, as Document No. 2431735; as amended by a Second Amendment to Development Contract dated September 24, 2007, recorded on October 4, 2007, as Document No. 2548303; as amended by a Third Amendment to Development Contract dated December 15, 2008, recorded on January 27, 2009, as Document No. 2632971; as amended by a Fourth Amendment to Development Contract dated May 4, 2009, recorded September 2, 2009, as Document No. 2682049; as amended by a Fifth Amendment to Development Contract dated May 16, 2016, recorded on May 20, 2016, as Document No. 3128523; and as amended by a Sixth Amendment to Development Contract dated September 19, 2016, recorded on October 21, 2016, as Document No. 3157106 (the Original Contract, as so amended is hereinafter referred to as the “Development Contract”). WHEREAS, the City has been requested to grant a release and discharge Lot 2, Block 3, Vermillion River Crossings from the Development Contract. WHEREAS, there is no present need to have the Development Contract recorded against Lot 2, Block 3, Vermillion River Crossings. WHEREAS, the City accepted a Warranty Deed dated December 18, 2009, filed of record in the Office of the Dakota County Recorder on January 12, 2010, as Document No. 2707234, from the successor to the Original Developer under the Development Contract, which conveyed Page 16 of 104 2 235723v1 Outlots H, I and J, Vermillion River Crossings and those portions of Outlots B and E, Vermillion River Crossings not replatted into Vermillion River Crossings Second Addition (collectively, the “City Outlots”) to the City. WHEREAS, the City has dedicated, or intended to dedicate, the City Outlots to the public, for public use forever, and wishes to confirm the same by recording this instrument. NOW, THEREFORE, BE IT RESOLVED by the City of Farmington: 1. Lot 2, Block 3, Vermillion River Crossings is released and discharged from the Development Contract, including, without limitation, all assessments, fees and other obligations and liabilities thereunder. 2. To the extent not previously dedicated to the public (and excluding the portion of Outlot J, Vermillion River Crossings replatted into Lot 1, Block 1, Vermillion River Crossings Third Addition), the City hereby donates and dedicates the City Outlots to the public, for public use forever. CITY OF FARMINGTON By: Joshua Hoyt, Mayor By: Shirley R Buecksler, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of ____, 2025, by Joshua Hoyt, the Mayor of the City of Farmington, a Minnesota municipal corporation pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of ____, 2025, by Shirley R Buecksler, the City Clerk of the City of Farmington, a Minnesota municipal corporation pursuant to the authority granted by its City Council. Notary Public Page 17 of 104 3 235723v1 THIS INSTRUMENT WAS DRAFTED BY: City of Farmington 430 Third Street Farmington, MN 55024 Page 18 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Payment of Claims Meeting: Regular Council - May 19 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 05/01/2025 to 05/13/2025 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 05-19-2025 Page 19 of 104 CLAIMS FOR APPROVAL 05/01/2025-05/13/2025 CHECK PAYMENTS 892,247.82$ ELECTRONIC PAYMENTS 443,023.37$ TOTAL 1,335,271.19$ 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 May 19, 2025 Page 20 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: David Chanski, Asst City Admin/HR Director Department: HR Subject: Selection of Health Insurance Broker Meeting: Regular Council - May 19 2025 INTRODUCTION: Staff recommends the selection of National Insurance Services (NIS) as the City's health insurance broker beginning with benefit year 2026. DISCUSSION: In April, the City Council authorized the publication of an RFP for health insurance broker services. The City received 4 proposals, and each firm was interviewed by Staff. Upon reviewing the proposals and conducting the interviews, Staff recommends the selection of National Insurance Services (NIS) to be the City's health insurance broker beginning with benefit year 2026. Once approved, Staff will begin working with NIS to develop new health insurance plans for 2026. Staff anticipates presenting such plans for Council approval in July. BUDGET IMPACT: Costs included in 2025 Budget ACTION REQUESTED: Accept the proposal from National Insurance Services to be the City's health insurance broker beginning with benefit year 2026. ATTACHMENTS: NIS Response to City of Farmington - RFP for Health Insurance Broker - 4-25-25_Optimized Page 21 of 104 Proposal for Full Benefit Consulting Services Prepared for City of Farmington April 25, 2025 300 North Corporate Drive, Suite 300, Brookfield, WI 53045 800.627.3660 | aacasper@NISBenefits.com | www.NISBenefits.com Page 22 of 104 PROPOSAL | BENEFITS CONSULTING Welcome David Chanski City of Farmington 430 Third Street Farmington, MN 55024 Thank you for allowing National Insurance Services (NIS) the opportunity to respond to City of Farmington’s RFP for Health Insurance Broker Services. We currently provide your MNL Long Term Disability Insurance and because of our exclusive commitment to serve only public sector organizations since 1969, NIS is uniquely qualified to expand our services as the City’s benefit consultant. As the City of Farmington’s current LTD provider, we are familiar with your benefit structure and administrative practices. We are also in touch with the political atmosphere, budgetary constraints, and negotiations you face. And we won’t just give you the standard checklists and “to-dos” so typical in commercial business consulting. We will partner with you every step of the way – at the negotiating table, in front of your board, at insurance committee meetings – wherever you need us. When you partner with us, our Full Benefits Consulting Service Model includes: ▪ Addressing your budget concerns, and helping you contain costs. ▪ Leveraging our carrier relationships to best represent the City of Farmington in negotiations. ▪ Reviewing your contracts to help avoid employer liability and grievances. ▪ Building a strategic benefit plan specific to your culture and plan analytics. ▪ Thoroughly evaluating your early retiree benefits and help you find the best ways to honor public employees as they transition into retirement while considering plan sustainability. Improving outcomes for local government employers, cities, and schools is our exclusive focus. That’s all we do. We look forward to working with you in the expanded capacity of Health Insurance Broker. Sincerely, Aaron A. Casper Employee Benefits Consultant 2 Page 23 of 104 PROPOSAL | BENEFITS CONSULTING Table of Contents • Welcome!  Tab 1: Your Questions  Tab 2: About NIS  Tab 3: Your NIS Team  Tab 4: Consulting Services  Tab 5: Restructuring Retiree Benefits  Tab 6: Additional Consulting Services  Tab 7: Agreement • Sample Consulting Agreement • Compensation Agreement • Sample Business Associate Agreement 3 Page 24 of 104 PROPOSAL | BENEFITS CONSULTING Your Questions NIS response to City of Farmington RFP Questionnaire 1. Firm History and Experience a. History of firm including size and any specialty areas. National Insurance Services (NIS) isn’t just an insurance agency – we are a collection of some of the foremost experts in public sector employee benefits in the country. NIS is a broker, consultant, and administrator all rolled into one. We began by offering affordable disability insurance catering to the unique needs of Wisconsin teachers in 1969. We have continued to meet and exceed the expectations of our nation’s teachers and public sector employees, including cities, counties, and other municipalities, ever since. NIS Brief History, Area of Expertise, and Summary of Services NIS has been providing peace of mind since 1969, partnering with public sector organizations such as cities, schools, counties, municipalities, libraries, and community mental health organizations. NIS provides employee benefit consulting services, as well as brokerage services for medical, dental, life, disability, and vision insurance benefits. We also specialize in early retiree benefit restructuring services, tax-free options for retiree payouts, as well as on-site and near-site medical clinics. NIS is an independent consultant/broker that can represent any medical insurance company or provider network. We are licensed with all major carriers in Minnesota, conduct RFPs for clients, host public bid openings, negotiate with insurance carriers on renewals, and handle other issues on the client’s behalf. b. Background firm data, including financial references. National Insurance Services’ primary focus remains solely on the products and services that meet cities, schools, counties, and municipalities' unique challenges and issues. We are trusted by more than 2,800 public sector organizations and 530,000 insured individuals in 42 states. In addition, as many as 750 cities, school districts, and counties have entrusted our Retirement Income Division with over $800 million in assets under management on behalf of employees and retirees. NIS is part of the Accretive Insurance Solutions family of companies. Accretive provides NIS with access to resources and experts spanning 46 states in the specialty, program, and wholesale insurance market, ensuring that NIS can provide clients with the most favorable plans and solutions in the market. Offices and Employees NIS employs over 110 total employees in the corporate headquarters and regional offices. We are headquartered in Brookfield, WI with regional offices in Minnesota, Indiana, Iowa, Michigan, Nebraska, and Pennsylvania. c. Expertise or involvement in the insurance/employee benefits industry. There are 4 areas of expertise and competence in the insurance and employee benefits industry that differentiate NIS from other consultants: Our public-sector expertise, our unique proprietary service model, benefit integration expertise, and our experience with retiree benefits. 4 Page 25 of 104 PROPOSAL | BENEFITS CONSULTING Public Sector Expertise We are trusted by over 2,800 public sector organizations and 530,000 insured individuals in 42 states. In addition, as many as 750 school districts, cities and counties have entrusted our Retirement Income Division with over $800 million dollars in deposits on behalf of employees and retirees. Not only do we work with benefit structures like yours every day, we are also in touch with the insurance marketplace, political atmosphere, and budgetary constraints you face. We will partner with you every step of the way – in front of your board, at insurance committee meetings – wherever you need us. The NIS Proprietary Service Model Our proprietary service model allows us to guide you through a step-by-step plan for all your benefit offerings from an initial written strategic plan through end-of-year annual reviews. During the plan year, we assess your medical plan for funding solutions, evaluate your retiree benefits and help you set goals. Your consultant will create a communication plan not only to keep you up to date with compliance and legal issues but also communicate benefit information to your employees. Your consultant will lead or join your insurance committee, working through wellness planning, renewal strategies, and bidding options. Benefit Integration Expertise While your medical plan is clearly the most important benefit, your NIS Consultant, Aaron Casper, will review your entire benefits package and look at how all of your plans work together. For example, the NIS Consultant was working with a client and learned that they were paying for a benefit on their medical plan that waived the participant’s medical premium if they were to become disabled. The consultant suggested that they remove that benefit, and instead, add a similar benefit onto their disability plan. The new plan fulfilled the client’s obligation under the bargained contracts and was half the cost. Retiree Benefit Experience Our extensive experience with retiree benefits is also a differentiator that makes us uniquely qualified to serve your needs. NIS has developed a number of solutions dating back to 2001 when we began offering retirement-focused solutions, and in 2003 when we began helping clients with defined contribution plans. In fact, we were a pioneer in some of our retiree-only HRA applications that are still relatively unknown in the marketplace today. These programs help ensure plan sustainability of your retiree benefits, as well as honor public employees as they transition into retirement. Influence in the public sector employee benefits industry Our consultants have been asked to lobby within their own states on insurance industry issues and have presented seminars on employee benefits at state and regional trade conferences. d. Municipality experience. For more than 50 years NIS has been committed to serving the needs of the public sector including municipalities such as the City of Farmington, MN. We know the needs of your staff and have the resources, experience, and knowledge to service the benefits offered to employees, while being an extension of your benefits team. We will develop and implement a benefits strategy that is specific to the City of Farmington and your staff. We are a true partner. We will help you and your organization every step of the way – in front of your board, at insurance committee meetings – wherever and whenever you need us. Improving outcomes for local cities, counties, schools, government employers, and municipalities is our exclusive focus. You can trust your NIS team to step up to any challenge and help you and your employees find a plan that works for years to come. 5 Page 26 of 104 PROPOSAL | BENEFITS CONSULTING e. List of providers the firm is associated with. NIS is an independent consultant/broker that can represent any medical insurance company or provider network. We likely have relationships with all your carriers and vendors and will get assigned with those carriers if we are not currently working with them. f. Identification of the offering firm(s), including name, address, and telephone number of the offering firm(s). Aaron Casper, Employee Benefits Consultant National Insurance Services 14852 Scenic Heights Rd, Suite 210 Eden Prairie, MN 55344 800.627.3660 | Direct: 262.780.1361 | Cell: 651.283.6418 Aacasper@nisbenefits.com www.NISBenefits.com 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. NIS can meet the requirements of this RFP. g. Name, title, telephone number, and email address of the contact person during the RFP proposal evaluation. Aaron Casper, Employee Benefits Consultant National Insurance Services 14852 Scenic Heights Rd, Suite 210 Eden Prairie, MN 55344 800.627.3660 | Direct: 262.780.1361 | Cell: 651.283.6418 Aacasper@nisbenefits.com www.NISBenefits.com h. Conflict of Interest Statement – The Firm must identify any potential conflict of interest it may have providing the services outlined in the RPF. We have no potential conflict of interest to identify in order to provide the services outlined in this RFP. 2. Qualifications/Cost a. Description of service philosophy. Aaron Casper, Consultant and Alora Blaser, Account Executive will be your main points of contact for claims issues or questions, and for all plan and administration inquiries related to your employee benefits plans. Aaron and Alora are available for in-person visits including benefit meetings, open enrollments, board meetings, or anytime you request. Aaron and Alora and other NIS representatives are available via phone or email for day-to-day claims issues or questions, and administrative and billing support. Our central focus is our customers. This means… 6 Page 27 of 104 PROPOSAL | BENEFITS CONSULTING • When you call during business hours, our phones are answered by a person. • If the customer's representative is out of the office, we will attempt to route the call to another representative. • We make every effort to return calls within 4 business hours and emails within 24 hours or explain why a reply may take longer. We strive to deeply understand our customer’s needs. This means… • We seek to understand before being understood. • We meet with our Full Benefit Consulting clients in-person, by telephone, and through email as often as possible. • We meet on a regular basis with our other customers, based on their needs. • We survey our customers regularly to ask what we can do better. • We hold client counsels so that we can truly appreciate our customer's world. Our customers’ needs drive our internal decision making. That means… • We put ourselves in our customer’s shoes whenever we make a decision. • Our customer’s wants and needs inspire product and service innovation. We use our public-sector expertise to proactively deliver solutions instead of waiting for problems to happen. That means… • We share strategic insight from what works for other public-sector organizations with our clients. • We do not rely on quick fixes. We advise and guide our clients, passing on short-term opportunities if it doesn’t make long-term sense. • We use a proactive “Best Practices Checklist” (gathered from years of public-sector expertise) to be sure our clients are administering their plans correctly to help them avoid liability. b. Introduction of the account team, by name with specific roles, qualifications and experience, and distribution of responsibilities including support capabilities. The City of Farmington, MN would be serviced by Aaron Casper and his team. Your NIS full benefits consulting team will include the following representatives: • Aaron Casper, Primary Consulting Contact, Employee Benefits Consultant • Alora Blaser, Account Executive • Natalie Owen, Senior Account Representative • Ashley Veenendaal, FBC Service Supervisor • Pierre Guilfoile, Director of Health Plan Analytics 7 Page 28 of 104 PROPOSAL | BENEFITS CONSULTING Aaron Casper, Employee Benefits Consultant As your lead Employee Benefits Consultant at NIS, Aaron brings 28 years of employee benefit experience and is responsible for the overall assessment, management, and strategic planning for your benefit plans. He is also well versed in compliance, benefit integration, health insurance, PEIP split group integration, and early retiree benefits. Alora Blaser, Account Executive Alora is your main point of contact for all your benefit plans. Performs implementation and maintenance of the NIS Service Model, attends, or leads employee meetings and insurance committee as requested, performs annual Best Practice visits for life and disability insurance plans, implements Benefit Bridge, resolves employee claim issues with carriers, takes policy-related questions, and assists the Consultant with the medical carrier during renewal. Natalie Owen, Senior Account Representative As Senior Account Representative, Natalie works with public sector organizations in Minnesota. She specializes in life and disability insurance and is a licensed insurance agent. Natalie also has a Patient Protection & Affordable Care Act (PPACA) certification and a Group Benefits Disability Specialist (GBDS) designation. Ashley Veenendaal, FBC Service Supervisor As the Full Benefits Consulting Service Supervisor, Ashley oversees the FBC Client Relations team, streamlining and improving implementation processes, and working on various departmental projects. She is a licensed insurance agent with a Group Benefits Disability Specialist (GBDS) designation. Ashley has a background in billing, underwriting, and customer service. Pierre Guilfoile, Director of Health Plan Analytics Pierre will be your medical and dental utilization specialist. He monitors the financial health of your health insurance plan, runs utilization analytics, and presents solutions based on your data, and handles medical and dental renewals, policy changes, and claim reconciliation. Along with his expertise, Pierre will utilize Springbuk to review and analyze your claims data, projected claims experience, plan design changes, your risk/reward profile, and your renewal from your current carrier. He also has full capability for evaluating and analyzing RFP responses for pharmacy, medical, dental, vision, life, disability, worksite benefits, and other products and services which eliminates any limitations. c. Current use of technology, especially capability for computerized legal benefit design research and for sharing and editing documents electronically. Online Employee Services NIS offers several public sector-oriented benefit administration systems that suit a variety of needs. Benefit Bridge or BSwift (optional) Through our exclusive partnership with Keenan, you can get access to a benefit administration system specifically engineered for governmental organizations to automate your benefit administration, enroll online, check eligibility, engage employees to learn about their benefits online and utilize self-service features. This benefit administration system is offered for an additional fee. Building Blocks (optional) Building Blocks provides clients with a suite of supplemental benefits, and an array of technology and enrollment services and value-add services. Technology services include HRIS, onboarding and PTO administration resources, Total Compensation Statements, Benefit Administration Buildouts, and education focused enrollment technology. Value-add options include HR Support Center, Employee WellCard Savings Program, Section 125 (POP) plans, and wholesale TPA services for payroll, COBRA and retiree billing, and FSA, HSA, and HRA services. This system is available for no additional fee. NIS Client Website 8 Page 29 of 104 PROPOSAL | BENEFITS CONSULTING National Insurance Services’ (NIS) secure Client website (www.nisclients.com) makes it easy to manage your life, long-term disability and short-term disability insurance coverage with our partner carriers. There is no additional fee for access to this client website. • Online forms – Easy access to administrative insurance forms and certificates. • Online administration – Enroll, view, and modify employee information. • Generate and print bills. Employee Education Whether it is promoting open enrollment, explaining plan changes, or educating on how to use benefits, communicating benefits information to employees is a top priority for NIS. With all the possible channels for communication today, there are plenty of opportunities to supply employees with timely and accurate information. An employee communication plan is a vital aspect of our service model. Our first action is to survey employees to get a baseline on their health insurance literacy. From there, a communications program is built that may include on-site meetings, newsletter campaign, posters, videos, or more on the following topics: • Open enrollment information • Plan changes • Benefit education • Healthcare consumerism • Wellness programs 9 Page 30 of 104 PROPOSAL | BENEFITS CONSULTING Springbuk NIS utilizes Springbuk, the leading Health Intelligence Solution in benefits data analytics. Springbuk provides more significant and personalized insight into the City’s needs through identified opportunities and member engagement. With Springbuk, the City can expect improved turnaround times for requests and questions, insights, and assessments into specific types of risk, as well as a proprietary financial forecast designed to predict a specific spending forecast. Claros NIS also utilizes Claros Analytics Health Benefits Consulting Suite. Claros provides capabilities to model changes to your plan or provider networks, evaluates stop loss dynamics, and allows for claims and enrollment projection for budgeting purposes. Using this tool, we review and analyze your claims data, projected claims experience, plan design changes, your group’s risk/reward profile, and your renewal from your current carrier. We also have full capability for evaluating and analyzing RFP responses for pharmacy, medical, dental, vision, life, disability, worksite benefits, and other products and services which eliminates any limitations. By comparing multiple plan design changes, provider networks, demographics, and stop-loss levels in real time, you will know the details about what drives the costs changes and model the impact of adding things such as health reimbursement arrangements (HRAs). Aaron will compare versions of a plan on a side-by-side basis including the relative value and dollar impact of each change. You can archive these scenarios as well, to access later and modify. The following software tools, HealthJoy and BenefitsApp, are available at proprietary pricing: HealthJoy HealthJoy is a benefits experience platform that helps employees make smarter healthcare decisions through personalized guidance and AI technology, giving employees access to on -demand help for all their employee benefits, right form their mobile device. Innovative features of HealthJoy include: • 24/7 online medical consultations • Healthcare concierge that can answer benefit questions and schedule appointments • Medical bill reviews • Expert provider and facility recommendations • Prescription savings reviews • HSA, FSA, HRA, and 401k support • Digital benefits wallet with all necessary benefit cards BenefitsApp BenefitsApp is the mobile solution for increasing employee engagement with their company benefit plans and general health and wellness information, providing employees with on-demand benefit information throughout the entire year. Through the app, employees can share benefit and provider information with their family members, quickly access their family benefit cards, and utilize content and services for all aspects of daily healthy living. HR Professionals can also benefit from the app, as it reduces HR benefit questions and frustration surrounding benefit plans. BenefitsApp also tracks employee usage and engagement, providing valuable insight into employee preferences and popular content. 10 Page 31 of 104 PROPOSAL | BENEFITS CONSULTING HealthiestYou HealthiestYou Complete Bundle is a robust virtual care program through Teledoc which covers general medicine, mental health, dermatology, neck and back care, nutrition and second opinion expert medical, all at no cost to the employee and dependents. d. Detail of services that will be provided to the City. NIS provides consulting services using our proprietary Full Benefits Consulting Service Model (FBCSM). Our Strategic Plan Document is a detailed step-by-step action plan that becomes the blueprint for our work. Each line item on the plan has an anticipated start date and end date and who the task is assigned to. There is also a place for actual start and end dates which will be reviewed with the City of Farmington, MN on an annual basis to make any needed improvements. Aaron Casper is your point person for the Brokerage and Consulting Services outlined in our proprietary NIS Service Model designed specifically for public sector groups. Our Full Benefits Consulting Service Model work plan is what differentiates us from other responses. The outline of the NIS service model is shown in the below diagram and provides a brief overview of our approach in the three core areas; a comprehensive strategic plan, service modules, and an annual review. NIS Full Benefits Consulting Service Model: 11 Page 32 of 104 PROPOSAL | BENEFITS CONSULTING Our service model includes all of the re quested service activities listed in your RFP: • 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. • Advise the City on potential gaps or overlaps in coverages. • Advise the City on long-term strategies for premium stability. • Analyze value-added services available to the City. • Assist the City with reviewing claims data and determining premium impact of any cover changes. • Analyze and report utilization trends and costs. Provide management and staff overview education on how to best utilize and limit premium increases. • Assist with writing, reviewing, analyzing, and presenting health insurance requests for proposals. Provide side-by-side reporting for City review. Prepare and/or review and advise on contract proposals. 12 Page 33 of 104 PROPOSAL | BENEFITS CONSULTING • Assist the City with your 2026 Health Insurance Benefit selection by reviewing the city’s needs, soliciting and reviewing proposals, ensuring that the provider/proposal meets the City needs, and seek alternate coverage if requested. We will provide the same service for 2027 and 2028. • Assist the City with health insurance benefit plan design with a focus on containing costs and maximizing benefit effectiveness. • Be in contact with and address the City’s Management Team, Personnel & Finance Committee, and City Council as the need arises. • Promptly respond to questions and requests. We provide a team of experts that are capable of addressing concerns and questions from the City. • Review coverage documents and invoices to assure coverage has been correctly issued and billed. e. Indicate current responsibilities of person designated to serve as lead contact for the City. We are growing fast and we are proud of that growth. We have a message and an approach that resonates with public sector organizations. We have metrics in place to ensure the high -quality service our clients expect. We provide every NIS region with the appropriate number of Consultants and Service Representatives based on the amount of business in that particular area. As our client list grows, we have a system in place to add employees as soon as we reach each milestone to continue to meet the changing needs of our clients. f. Action-plan and timetable for assuming responsibilities and design/cost containment plans. Your Employee Benefits Consultant, Aaron Casper, and Account Executive, Alora Blaser, will meet with you to present you with a strategic plan which will outline all the actions they will take, responsibilities, and a time table for the year. Below you will find the standard implementation schedule for the first year with NIS. We are fanatical about documenting everything and making sure the work is done according to the strategic plan. At the end of the day, we want to be accountable for what we have done for you, your employees, and the taxpayers. 13 Page 34 of 104 PROPOSAL | BENEFITS CONSULTING g. Conceptual program structure and pricing including a not-to-exceed amount. Please clarify how the cost will be paid. Our pricing methodology is derived from the value of our services, expertise, and resources we bring to bear to ensure your entire Employee Benefit plan and administration perform at the highest, most efficient level and you and your employees get the best ROI on the most competitive spend. NIS is very flexible when it comes to compensation. Most insurance companies have standard commission, and we’ll accept the standard. If there’s no commission built in, we’re up for discussion on how that is fair to the City of Farmington. The City of Farmington, MN may choose this option. Or the city may wish a flat fee. We will adhere to any option that best fits you. 14 Page 35 of 104 PROPOSAL | BENEFITS CONSULTING We pride ourselves on being completely transparent. Our fees are clearly outlined in the agreement and can be referenced at any point throughout the relationship. We are recommending a consulting fee of $30,000 for the first year, with 2% inflationary increases in years 2 and 3. Three year rate guarantee, with option to renew at the same inflationary increase in years 4 and 5. Plus carrier commissions on ancillary, non-medical lines of coverage. Consulting Fees are billed quarterly. 3. References a. List of cities you currently represent and for what type of service. Provide contact names and information. Active Group References 1) City of Owatonna, MN Emily Thamert, Director of Human Resources 540 W. Hills Circle Owatonna, MN 55060 Emily.thamert@owatonna.gov 507-774-7346 Participants: 174 eligible employees 2) City of Marshall, MN Sheila Dubs, Human Resource Manager 344 West Main Street Marshall, MN 56258 Sheila.Dubs@ci.marshall.mn.us 507-537-6790 Participants: 106 eligible employees 3) City of Maplewood, MN – Retirement Income reference Nancy Steele, Human Resource Manager 1830 E. County Road B Maplewood, MN 55109 Nancy.steele@maplewoodmn.gov 651-249-2054 NIS provides Retirement Income services 4) City of Roseville, MN – Retirement Income reference Rebecca Olson, Assistant City Manager, or Dawn O’Connor, Senior Office Assistant 2660 Civic Center Drive Roseville, MN 55113 Rebecca.olson@cityofroseville.com 651-792-7446 Dawn.oconnor@cityofroseville.com 651-792-7024 NIS provides Retirement Income services With over 50 years of experience working with cities throughout the state of Minnesota, we have great relationships and market clout to negotiate the broadest terms and conditions with the lowest premiums for municipalities such as the City of Farmington. We have at least one line of business with 40% of cities in Minnesota, and 85% of school districts in Minnesota. 15 Page 36 of 104 PROPOSAL | BENEFITS CONSULTING We spend an extensive amount of time developing the City of Farmington’s story and underwriting data to present to carriers. Our approach is to provide the answers before vendors ask questions to ensure that there is absolute clarity with the City of Farmington’s submission and program objectives, to develop viable economic coverage options to present to the City of Farmington. Submission Development NIS specialists will work with the City of Farmington’s management staff to: • Review and ensure that all underwriting data is collected, and applications are completed as needed to meet underwriting criteria • Understand any significant changes in exposure or losses • Work with the City of Farmington to understand what changes have been made to address new exposures and significant changes to claim activity, as a result thereof. Once the underwriting information is received and processed, our placement specialists will prepare the submission that includes the objectives outlined during the strategic plan development. Pre-Renewal Meeting The NIS Service team will meet with the City of Farmington’s staff to provide a current update of the insurance marketplace, present projected rate changes, and renewal premium indications to allow the City of Farmington to manage the budget development. Any new potential coverage options shall be discussed at that time including providing thorough education for any options that may be unfamiliar to City of Farmington from its current program structure. Carrier Negotiations Our leadership team and placement specialists will work with markets to develop the best possible coverage, terms, and conditions for City of Farmington. Renewal Presentation The NIS Service team will present a proposal outlining City of Farmington’s expiring program and proposed renewal options in a clear and concise manner. A coverage comparison will be included along with the carrier quotations, coverage forms, and compensation disclosure for full transparency. The Service team is always available to attend the meetings to present proposals and answer any questions or concerns that may arise. Coverage Finalization The Service team will work with City of Farmington in submitting the formal bind order and coverage subjectivities at City of Farmington’s request. All insurance binders, invoices, and certificates of insurance shall be issued to confirm the coverage placement selected. Stewardship Report Deliver stewardship report based upon the standards set at the strategic plan development and identified throughout the year. The results are presented in a format that can be understood by key stakeholders. NIS is the best fit for the City of Farmington, MN because we know your world and we speak your language. We have a 97% retention rate as evidence to our Employee Benefits Consulting expertise. We only work with Public Sector clients, and after 50 plus years are the experts. We look forward to hearing from you about a presentation in front of your board. Please contact Aaron Casper at aacasper@nisbenefits.com. 16 Page 37 of 104 Client Focused. Solution Driven. 5.np.rev.5.24 National Insurance Services offers tailored employee benefit solutions exclusively for schools, cities, and counties. Our mission is to provide a sense of security and peace of mind to employers, employees, and their loved ones. We achieve this by delivering quality and cost-effective products and services, valuable employee education, exceptional customer service, and protection against unforeseen circumstances. Exclusive Public Employer Focus Since 1969, NIS has been committed to the needs of schools, cities, and counties. Benefit Expertise Whether it’s Health, Disability, ACA, 403(b), 401(a), HRA, HSA, or any employee benefit, we have an expert on hand at your service. Trusted in 42 States We are trusted by over 2,800 public sector organizations and 530,000 insured individuals in 42 states. Proven Record 97% of our customers renew with us every year. They renew because they get the service and pricing they expect. • Attract and retain a quality workforce • Promote a healthy and productive workplace • Honor public employees as they transition into retirement • Make good use of tax payer funds Our solutions empower public sector organizations to: Our Purpose Providing Public Sector Peace of Mind Since 1969 17 Page 38 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. Why NIS Is Different Exclusive Public Sector Focus Since 1969, NIS has exclusively served public employers such as schools, cities, and counties. • We understand your culture, political atmosphere, budgetary constraints, and challenges. • We don’t wait for problems to happen. We proactively address common public sector issues before they take place. • We bring state and federal compliance and regulation to your attention and guide you to solutions. 01 Early Retiree Solutions We understand the unique needs of early retirees. • NIS has developed a number of solutions that ensure plan sustainability, as well as honor public employees as they transition into retirement. • Retiree Payout Solutions: Save all wage- related costs including FICA for both employer and employee. • Retiree Health Insurance Solutions: Cost/ funding options, restructuring solutions, and implementation. 03 Proactive Service Model We don’t wait for your renewal, we’ve already done the analytics and predictive modeling. • Rigorous, step-by-step strategic plan with built-in accountability • Enrollment planning • Insurance committee design/leadership • Wellness plan staging/consulting • Compliance notifications • Employee education • HR support 02 Benefit Integration We understand how retiree benefits impact OPEB balances, how medical costs relate to negotiations, and how contributions affect cash flow. • Conventional plans don’t fit your unique structure. We find plans that do. • We look at the entire benefits plan as a whole and assess how each benefit impacts the other. This allows us to eliminate duplicate benefits, reduce costs, and improve health outcomes. 04 Four things that make NIS unique 18 Page 39 of 104 Client Focused. Solution Driven. We Live Our Core Values by Being . . . Ethical We will: • Be honest and maintain the highest ethical standards. • Make only agreements we are willing, able and intend to keep. • Communicate any potential broken agreement at the first appropriate opportunity to all parties concerned. • Ask clarifying questions if we disagree or do not understand. • Never say anything about anyone that you would not say directly to him or her. • Do the right thing. Team Oriented We are respectful and interact professionally with co-workers, customers, and business partners. This means: • Treating others as we would like to be treated. • Listening with the intent to understand what is being said and acknowledging that what is said is important to the speaker. Customer Focused We will maintain an almost fanatical approach to customer service. When making any decision, we will ask ourselves, “Is this the right thing for the customer?” Caring We will strive to provide a work environment that is rewarding to all and allows the flexibility needed for everyone to have balance between their personal and professional lives. Hard Working We are passionate about our work so our internal and external customers are served well. NIS Corporate Commitment to Charity NIS will strive to support our community through its actions, talents, and resources with a focus on providing opportunity for our employees to participate. Noble Purpose Providing Public Sector Peace of Mind Since 1969 PROPOSAL | BENEFITS CONSULTING19Page 40 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. Your NIS Team NIS is your team of school, city, and county employee benefit experts whose experience spans over five decades. 20 Page 41 of 104 PROPOSAL | BENEFITS CONSULTING Aaron Casper Employee Benefits Consultant Role: Your full benefit expert and coach: Responsible for overall assessment and management of all your benefit plans. Experience: 27 years Focus: Public Sector Organizations in MN Specialties: Compliance, benefit integration, health insurance, and early retiree benefits Licenses: • Licensed Insurance Agent • Certified Patient Protection and Affordable Care Act Professional (NAHU) • Financial Planning Certificate, Minnesota State University • Certified Financial Planner Certification Board of Standards Biography: Aaron Casper understands the unique way public sector organizations operate, manage risk, and develop budgets; hence, he delivers reliable solutions for his clients without short cuts or temporary fixes. He advocates for his clients and prides himself on building authentic relationships, even passing up potential short-term opportunities if it doesn’t make long-term sense for his clients. Aaron’s straightforward nature, integrity, and astute sense of humor are why his customers consider him a valued strategic resource. As an Employee Benefits Consultant, Aaron specializes in health insurance consulting for Minnesota public sector organizations including fully insured, self-insured, and stop-loss plans. Additionally, he has experience implementing OPEB liability reduction strategies as well as ensuring his clients are ACA compliant. 21 Page 42 of 104 PROPOSAL | BENEFITS CONSULTING Alora Blaser Account Executive Role: Your main point of contact for all your benefit plans. Performs implementation and maintenance of the NIS Service Model, attends or leads employee meetings and insurance committee as requested, performs annual Best Practice visits for life and disability insurance plans, implements Benefit Bridge, resolves employee claim issues with carriers, takes policy-related questions, and assists the Consultant with the medical carrier during renewal. Experience: 13 years Focus: Public Sector Organizations in MN License: Licensed Insurance Agent Biography: Alora is dedicated to building strong relationships, ensuring accountability, and following through in a timely manner. She believes that relationships are the cornerstone of successful partnerships, and she prioritizes being present and proactive in her interactions. Her experience and background in customer service and education have equipped her with the skills to navigate challenges and foster trust, making it easier to achieve mutual goals. As an Account Executive, Alora works with public sector organizations in Minnesota on their health insurance, wellness plans, benefit communication, and strategic planning. She oversees new client implementation, takes policy-related questions, and meets directly with clients to explain their benefits. 22 Page 43 of 104 PROPOSAL | BENEFITS CONSULTING Natalie Owen Senior Account Representative – Insured Products Role: Your life, disability, and ancillary benefit resource for policy changes, renewals, and claim reconciliation. Experience: 20+ years Focus: Schools, Cities, and Counties in the Midwest Region Licenses: • Licensed Insurance Agent • Certified Patient Protection and Affordable Care Act Professional (NAHU) • Group Benefits Disability Specialist (GBDS) Designation Biography: Natalie Owen’s career has a common thread: serving people and solving problems. She delivers solutions to clients while taking a personal interest in the issues they face. That kind of commitment has resulted in lasting relationships with customers for more than 20 years. As a Senior Account Representative at National Insurance Services, Natalie brings a high level of passion and professionalism. She is a licensed Health, Life, and Accident insurance agent with both a PPACA (Patient Protection & Affordable Care Act) certification and a GBDS (Group Benefits Disability Specialist) designation. Natalie works with schools, cities, and counties in Minnesota. 23 Page 44 of 104 PROPOSAL | BENEFITS CONSULTING Ashley Veenendaal Full Benefits Consulting Service Supervisor Role: Oversees the FBC Client Relations Team, streamlining and improving implementation processes, and working on department projects Experience: 17 years Licenses: • Licensed Insurance Agent • Group Benefits Disability Specialist (GBDS) Biography: Ashley Veenendaal’s energy and enthusiasm are the first things you notice about her. She’s a problem solver who doesn’t mind going out of her way to help a customer. “I aim to provide the solution that works for them,” says Ashley, “not the one that’s easiest for me.” As the Full Benefits Consulting Service Supervisor, Ashley oversees the FBC Client Relations team, streamlining and improving implementation processes, and working on various departmental projects. She is a licensed insurance agent with a Group Benefits Disability Specialist (GBDS) designation. Ashley has a background in billing, underwriting, and customer service. 24 Page 45 of 104 PROPOSAL | BENEFITS CONSULTING Pierre Guilfoile Director of Health Plan Analytics Role: Your medical and dental utilization specialist: Monitors the financial health of your health insurance plan. Runs utilization analytics and presents solutions based on your data. Handles medical and dental renewals, policy changes, and claim reconciliation. Experience: 24 years Focus: Public Sector Organizations Specialties: Compliance, Cost Mitigation, Utilization Data, and Health Insurance Licenses: • Licensed Insurance Agent • Certified Patient Protection and Affordable Care Act Professional (NAHU) Memberships: • Member of Minnesota Association of Health Underwriters (MAHU) • Member of Self-Insurance Institute of America, Inc. (SIIA) Biography: Pierre Guilfoile believes that “every situation, positive or negative, provides an opportunity to learn and to grow.” Clients will appreciate his overall expertise, communication skills, and his willingness to dig deep to find the right solution. As Director of Health Plan Analytics, Pierre monitors the financial health of client's health insurance plans, evaluating medical renewals, overseeing claim evaluation creation and delivery, and working closely with our Employee Benefits Consultants. Pierre is a licensed insurance agent, a member of the Minnesota Association of Health Underwriters (MAHU) and has a background in health and dental insurance. 25 Page 46 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. How We Work with You During implementation, your NIS team will analyze the following to identify areas for improvement: 01 Strategy Initial Claim Analysis: We will analyze claims to detect trends for planning purposes. Funding Assessment: We will assess your plans to determine suitability of a self-funded or fully-insured plan. Retiree Benefits: We will evaluate your retiree benefits to help you plan for restructuring, if desired. Written Strategic Plan: We create a comprehensive strategic plan after the initial benefit plan analysis. Annually, we work with you on the following service modules based on priorities you determine. Communication Plan: We will help you communicate your benefit plan with emails, newsletters, posters, etc. Insurance Committee: We will guide you in setting up an insurance committee.  Enrollment: We will evaluate past enrollments and work with you to improve your upcoming enrollment. Wellness Planning: We will help you launch or plan your wellness program from A to Z. Bidding & Renewal: 120 days prior to renewal, we will benchmark your plan, run claim analysis, and perform cost modeling/renewal estimates to be sure you are being charged appropriately. 02 Service Modules On an annual basis, your NIS consultant will meet with you to: • Analyze the prior year’s strategic plan to review the completed work. • Assess results. • Discuss how things went. • Review areas of concern and areas of improvement. • Review industry trends and current issues. After the annual review, another comprehensive strategic plan is drafted and presented to your team. 03 Annual Review NIS keeps your plan in line with all compliance- related updates and guidance. • We tell you how the new regulations will affect your specific type of plan and which ones don’t apply. • We’re on top of the latest trends, solutions, and strategies, helping you stay in touch with your political atmosphere, budgetary constraints, and negotiations. • Our on-staff attorney can help address any concerns or issues. 04 Compliance 26 Page 47 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. 01 Implementation Account Manager Meeting Your Account Manager meets with you by phone to gather Information about all of your benefit plans, entering the information into our propriety software system. The system generates a benefit summary for you and your Consultant. Your Account Manager then schedules the Team Meeting and Strategic Plan Presentation. WEEK 1 NIS Team & Client Meeting Your NIS Consulting team meets face-to- face with the key decision makers at your organization to review the benefit summary, learn about your objectives, set goals, and identify any pressing HR needs. WEEK 2-3 NIS Brainstorm Strategy Your NIS Consulting team meets to brainstorm a benefit strategy, solutions, support plan, etc. based on the initial meeting. The Strategic Plan is developed and written. WEEK 3-4 Present Strategic Plan NIS meets with you to present the Strategic Plan and make any adjustments. WEEK 5-8 Annual Modules The NIS Service Modules are executed throughout the year. The modules include work plans for communication, wellness, committees, enrollment, and renewal. ALL YEAR Annual Review & New Strategic Plan During the final month of the plan year, you will meet with NIS to discuss the prior year’s work as well as future objectives, goals, scope, budget, and HR concerns. The annual strategic plan is updated and the plan is set for the following year. END OF YEAR 01 Strategy 02 Service Modules 03 Annual Review 27 Page 48 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. 01 Plan Analysis During implementation, your NIS team will analyze the following areas to identify areas for improvement. NIS will analyze claims to detect trends for planning purposes. Initial Claims Analysis NIS will assess your plans to determine suitability of a self-funded or fully-insured plan. Funding Assessment NIS will evaluate your retiree benefits to help you plan for restructuring, if desired. Retiree Evaluation 01 Strategy 02 Service Modules 03 Annual Review 28 Page 49 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. 01 The Strategic Plan After initial benefit plan analysis or the annual review process, a comprehensive strategic plan is created and stored in our custom-built software application. Your NIS Consultant discusses the results of the benefit analysis with you and confirms your goals. Next, a detailed step-by-step action plan is drawn up and becomes the blueprint for the work. If your organization is bargained, your consultant will schedule a time to go through your master agreements* to find ways you can improve and save. • Bargaining Review NIS will schedule a one-time GAP Analysis to sure your policies match your employee contracts. • Gap Analysis *We will review up to two agreements. 01 Strategy 02 Service Modules 03 Annual Review 29 Page 50 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. 01 Initial Claims Analysis 01 Strategy 02 Service Modules 03 Annual Review Appropriate Health Plan Utilization NIS will thoroughly analyze your health plan claims through our impartial third party claim analytics tools to find areas where we can encourage appropriate utilization. Step I Benchmark If your organization is bargained, your consultant will schedule a time to pour through your master agreements to find ways you can improve and save. Step III Explore Solutions Example: Possible solutions - Increase the Emergency Room copay (model cost impact), initiate an education campaign, and/or create awareness of nearby urgent care centers. Step II Dig Deeper Example: Analysis shows that a common reason for ER visits is ear/nose/throat issues. Step IV Implement Solutions You can decide based on our analysis and modeling whether you want to implement one or more of the solutions. We will help you implement! 30 Page 51 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. 02 Service Modules 01 Strategy 02 Service Modules 03 Annual Review Once the strategic plan is in place, we will also work with you on the following service modules based on priorities you determine. Communication Plan NIS will help you communicate your benefit plan with emails, newsletters, posters, etc. Wellness Planning NIS will help you launch or plan your wellness program from A to Z. Insurance Committee NIS will participate in or guide you in setting up an insurance committee. Compliance NIS will keep you up to date and walk you through new issues step-by-step. Enrollment NIS will evaluate past enrollments and work with you to improve your upcoming enrollment. Bidding and Renewal 60-90 days prior to renewal, NIS will help you determine if you will be staying with the same carrier or going out to bid. Either way, we will benchmark your plan, run claim analysis, and perform cost modeling/ renewal estimates to be sure you are being charged appropriately. 31 Page 52 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. 02 Service Modules: Communication Plan NIS will help you communicate your benefit plan with meetings, newsletters, posters, etc. Empower Your Employees Effective employee communication is a vital aspect of the employer-employee relationship. Whether it is promoting open enrollment, explaining plan changes, or educating on how to use benefits, communicating benefits information to employees is a perennial challenge for employers. With all the possible channels for communication today, there are plenty of opportunities to supply employees with timely and accurate information. NIS can meet with your staff, set up email newsletter campaigns on a variety of topics from benefit education to wellness (Optionally, you can use MyWave Connect and schedule these on your own.). Understanding Benefits Answering Questions Open Enrollment Education Newsletters, Flyers, Posters 01 Strategy 02 Service Modules 03 Annual Review 32 Page 53 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. 02 Service Modules: Wellness Plan Option I: Launch your Wellness Program. Provide information and set up campaigns. NIS will provide you and your wellness committee with a variety of guides to get your wellness program off the ground. We can also provide you with monthly newsletters as well as specific turnkey campaigns promoting health goals such as quitting smoking, walking, fitness, or weight loss. These turnkey campaigns come with ready-made emails, posters, paycheck stuffers, scoring, and more. Option II: Add carrier-provided medical screenings. In addition, with the newsletters, campaigns, and guides, you can add wellness services your health insurance carrier is likely to provide such as health coaching, screenings (health evaluations based on paper or online questionnaires), challenges, and workshops/webinars. Option III: Add biometrics. In addition, with the newsletters, campaigns, and guides, you can add wellness services your health insurance carrier is likely to provide such as health coaching, screenings (health evaluations based on paper or online questionnaires), challenges, and workshops/webinars. Option IV: Take your program to the next level by adding a wellness program partner. Now that you have your screenings, biometrics, and campaigns to address problem areas, you can take your program to another level by working with one of our wellness program partners who can provide services including life and health coaching. Option V: Install an on-site or near-site wellness clinic. An on-site clinic provides care for employees right at their work site location. Smaller employers may join together and establish a near-site clinic. Depending upon the choice of clinic provider, free or reduced cost services may include: acute, occupational, primary care, routine laboratory work, pharmacy and even dental, chiropractic, or vision services. Option I Information Option II Screenings Option III Biometrics Option IV Outsource Option V On-Site Clinic Low Involvement High Involvement 01 Strategy 02 Service Modules 03 Annual Review 33 Page 54 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. 02 Service Modules: Insurance Committee Purpose What is the stated purpose of your insurance committee? Meetings Prep? Agenda? Frequency? Size? What is the ideal for the committee? Powers What powers should an insurance committee have? Do they need to be enumerated by the board? Members Who are ideal members on an insurance committee? 01 Strategy 02 Service Modules 03 Annual Review 34 Page 55 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. 02 Service Modules: Compliance With all the political legislative changes, bargained and non-bargained contracts, early retiree benefits … no one person can know all there is to know. Chances are your current broker or consultant has provided you with checklists and articles. And while those may address minor problems, you don’t want to read through 30 pages of compliance documents only to find it doesn’t apply to your type of organization. When you work with NIS, not only do we walk you through new compliance issues step-by-step, we translate them into your language. That is, we tell you how the new regulations affect your specific type of plan and which ones don’t apply. We can do this because our public employer experience spans over five decades! We are on top of the latest trends, solutions, and strategies just as all consultants are – but more importantly, we are in touch with the political atmosphere, budgetary constraints, and negotiations so unique to your world. Consultant Your consultant is available at any time by phone or in person to discuss any compliance concerns. Blog & News Our blog and newsletter will regularly update you on what’s happening. Online Portal MyWave Connect provides legislative briefs on all issues that affect you. Webinars Our webinars will walk you through new regulations or legislation. 01 Strategy 02 Service Modules 03 Annual Review 35 Page 56 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. 02 Service Modules: Annual Enrollment 1 Evaluate NIS will evaluate past enrollments and communication materials. 4 Timeline NIS will help you determine your enrollment timeline. 2 Identify NIS will identify any areas of need you have around open enrollment. 5 Schedule NIS will help you schedule your vendor presentations. 3 Determine NIS will help you determine if there are any voluntary benefits that would help round out your offering. 6 Review Within a short period of time after enrollment, NIS will meet with you to discuss what went well and what could be improved for the next enrollment. Prior to your annual enrollment, NIS will evaluate past enrollments and work with you to improve your upcoming enrollment. 01 Strategy 02 Service Modules 03 Annual Review 36 Page 57 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. 02 Service Modules: Bidding and Renewal Calculate Budget Rates Using up to three years of your claims data, your NIS Consultant will calculate your budget rates, that is, what your rates should be based on your past claims. Our methodology predicts medical and Rx costs, adjusts for demographic changes and plan changes, forecasts the expected employee enrollment, rates, and can highlight scenarios where a change in plan(s) may cost more than expected. This provides your NIS Consultant valuable data to support renewal decisions when negotiating with your carrier during renewal time. Self-Funding Profile During your annual review, your NIS Consultant will evaluate the suitability of your group moving from a fully-insured to a self-funded plan. In addition they will analyze current and alternative structures if you are already self-funded. You will receive personalized recommendations based on your current and renewal rates, as well as current and prior claims experience. Seeing the relative risk/reward characteristics of various self-funded structures will allow you to make more informed and educated decisions based on your risk tolerance. You will be able to evaluate the capital at risk, return on capital, and the likelihood of outperforming a fully insured (riskless) alternative. Several months prior to your renewal, your NIS Consultant will gather your claims data and utilize a powerful tool employed by the health insurance industry to model the impact of any plan changes you want to make, identify the risk/reward profile of self-funding, and calculate your projected claims experience. Our suite of tools is built on Actuarial Advisor, an instrument used by underwriters, TPAs, stop-loss insurers, reinsurance carriers, and consulting actuaries. 01 Strategy 02 Service Modules 03 Annual Review 37 Page 58 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. 02 Service Modules: Bidding and Renewal, continued Compare, Evaluate, Analyze, and Customize Plan Design Options Wouldn’t it be useful to be able to see how different plan designs will affect your overall cost and future claims? Your NIS Consultant will help you compare multiple plan design changes, provider network, demographics and stop-loss levels, in real time. You will know the details about what drives the costs changes and model the impact of adding things such as health reimbursement arrangements (HRAs). Your Consultant will compare versions of a plan on a side-by-side basis including the relative value and dollar impact of each change. You can archive these scenarios as well, to access later and modify. RFP Process If it is decided to go out to bid, NIS will manage the entire process for you from A to Z. We will set a timeline, prepare and distribute the RFP, answer questions, and present you with the bids and a recommended carrier. 01 Strategy 02 Service Modules 03 Annual Review 38 Page 59 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. 03 Annual Review 01 Strategy 02 Service Modules 03 Annual Review On an annual basis, your NIS consultant will meet with you to review the prior year’s strategic plan to show what was completed, assess results, and discuss how things went. Areas of concern and areas of improvement are also reviewed, as well as industry trends and current issues. After the annual review, a comprehensive strategic plan is created and stored in our custom- built software application 39 Page 60 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. Retirement Benefits Retiree Payout Solutions Problem: It is common for public sector employers to pay unused sick leave, vacation, or other early-retirement incentives to employees upon retirement. When these benefits are distributed as wages, the employer will pay all wage-related costs, including FICA tax. The retiree’s benefit is also taxed, so the value of the incentive is diminished. Solution: A contribution into a Retiree HRA or our Special Pay Plan can save taxes for both the employer and the participant. This increases the value of the benefit, which may help employees afford to retire early. • Payouts for accumulated leave, OPEB buyouts, and retirement incentives into a Retiree-Only HRA • Payouts for accumulated leave, OPEB buyouts, and retirement incentives into a 403(b)/401(a) Special Pay Plan • 415 excess benefits trust Early Retiree/OPEB Solutions Problem: Keeping retirees on an employer’s health insurance plan can significantly increase premiums for everyone on the plan. Unfunded retiree benefits are becoming unsustainable, and employers who offer them are likely accumulating large OPEB (Other Post Employment Benefit) liabilities. Solution: In lieu of group retiree health insurance, employees can use a Retiree HRA to pay for individual insurance. If paid during active employment and combined with a vesting schedule, this plan can be a powerful retention tool. • Payments in lieu of retiree health insurance using a Retiree-Only HRA • Defined contribution plan using a Retiree-Only HRA • Post-Employment Benefit Trust 㐰 Page 61 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. Retirement Restructuring Restructuring your retiree benefit plan to reduce unfunded benefits and OPEB (Other Post Employment Benefit) liability. Why Restructure? Because of unprecedented rate increases, the practice of providing traditional health insurance benefits to early retirees has become financially untenable and can affect an organization’s financial sustainability. The good news is that restructuring your retiree benefits now can help ensure sustainability, as well as help maintain your commitment to employee satisfaction and retention. NIS will help you identify your needs, assess costs, funding options, explore restructuring solutions, and implement your new plan. 1 2 3 4 5 6 Form a Committee Evaluate Restructuring Options Inform Stakeholders Benchmark Your Benefits Implement Assess 41 Page 62 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. Handles Complex Eligibility Standard & Custom Reporting Auto Carrier Transmission Online Enrollment Benefit Administration System Have several different employee classes with multiple plan options? Don’t waste time using multiple administration systems or “workarounds”. A Benefit Administration System can handle it. 42 Page 63 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. Access HR Policies and Forms: • Improve your employee handbook with the workplace and safety policies you need. • Save time with access to a library of HR, benefits and governmental forms, and more. Simplify Open Enrollment: Find everything you need to manage open enrollment from start to finish: forms, policies, employee communications, and much more. Take Control of Compliance: Access comprehensive compliance information on ACA, COBRA, HIPAA, FMLA, employment laws, and more. Support Your Wellness Initiatives: Create or maintain your program with wellness newsletters, monthly health and safety observances, employee communications, and comprehensive programs. MyWave Connect Your all-access pass to all the valuable business resources you need on demand, 24/7. 43 Page 64 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. • Employee benefits • Leaves of absence • Federal compliance • State employment law • Wage and hour issues • Discipline and terminations • Recruiting and hiring • Employee relations • Workers’ compensation • Performance management • Investigations • More Answers When You Need Them The HR Hotline is a service staffed by HR professionals, available by phone or email, to answer your HR- related questions. As a valued client, you have access to personalized, professional HR consultation and expertise every month through your MyWave Connect Portal. What Can You Ask Them About? HR Hotline As a valued customer, you will have access to HR Hotline for on-demand HR expertise and information. 44 Page 65 of 104 8/9/24, 8:26 AM Sircon Platform https://platform.sircon.com/#/license-print 1/1 LICENSE NUMBER: 7996 NPN: 661354 Issue Date: 02/14/1990 Expiration Date: 10/31/2026 Non-Resident Agency NATL INS SERVICES WI INC NPN: 661354 , is authorized to transact business as described above License No: 7996 Issue Date: 02/14/1990 Expiration Date: 10/31/2026 Generated by Sircon 326732283 THIS IS TO CERTIFY THAT NATL INS SERVICES WI INC , IS HEREBY AUTHORIZED TO TRANSACT BUSINESS IN ACCORDANCE TO THE LICENSE DESCRIPTION SHOWN BELOW: Non-Resident Agency Generated by Sircon 326732283 㐵 Page 66 of 104 PROPOSAL | BENEFITS CONSULTING Client Focused. Solution Driven. 2023-2024 Anoka Hennepin School District New Hire Open Enrollment PSEA Group Voluntary Long Term Disability Insurance Plan Learn More About Your FSA & HRA Employee Education Videos Click on links below to see examples of employee education videos we have created: 46 Page 67 of 104 8/23 PROPOSAL | BENEFITS CONSULTING Consulting Agreement This Consulting Agreement (Agreement) is between City of Farmington (Client) and National Insurance Services (NIS) (Consultant), effective as of July 1, 2025. WHEREAS, Client wishes to obtain the assistance of Consultant with strategic benefit planning, design, funding, administration and communication with respect to its employee benefit programs; WHEREAS, Consultant has superior knowledge and expertise in assisting employers with designing and servicing employee benefit plans; and WHEREAS, the parties wish to set forth their respective expectations; Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the parties hereby agree as follows: 1. Scope of Services to be provided by Consultant. Scope of service actions will be mutually agreed upon annually through our Full Benefits Consulting Service Model. 2. Client's Responsibilities. Client will make available such reasonable information as required for Consultant to conduct its services. Such data will be made available as promptly as possible. It is understood by Consultant that the time of Client’s personnel is limited, and judicious use of that time is a requirement of this Agreement. Client will make timely payments of the service fees as set forth elsewhere in this Agreement. 3. Disclosure and Recordkeeping. a. Full Disclosure. Client has the right to approve any arrangements and/or the utilization of any intermediaries in connection with, or arising out of, or in any way related to Client's insurance and risk management program. Consultant must seek approval from Client prior to the use of any of the above in connection with the Client's insurance and risk management program. b. Recordkeeping. Consultant will maintain accurate and current files including, but not limited to, insurance policies and correspondence with insurers or brokers in accordance with industry standard record retention practice or as otherwise directed by Client. 4. Term & Termination. a. Term. The initial term of this Agreement shall be [# of] year[s], commencing on July 1, 2025 and ending [insert date] (Initial Term). Thereafter, this Agreement will remain in effect until terminated as described below. b. Termination. This Agreement may be terminated by either party only as follows: 47 Page 68 of 104 8/23 PROPOSAL | BENEFITS CONSULTING I. Effective upon thirty (30) days’ advance written notice to the other party stating that such other party is in breach of any of the provisions of this Agreement, provided such breach (if able to be cured) is not cured within fifteen (15) days after the notice is received; II. effective upon sixty (60) days’ advance written notice to the other party given with or without reason; provided such notice is given after the Initial Term; or III. By mutual written agreement of the parties. IV. If contract is termed prior to the agreed upon contractual time frame. Any uncompleted services will cease. 5. Compensation. Subject to any changes as may be mutually agreed by the parties, NIS will receive, as compensation for its services under this Agreement, fees illustrated in Exhibit 1. Consistent with industry practices, insurers may also pay insurance brokers, such as NIS, indirect compensation based upon volume efficiencies, client renewals, marketing services, product development, technology investments and other additional services. NIS seeks written assurances from insurers that any such indirect compensation will not adversely impact the pricing or coverage terms that NIS is able to obtain for its clients. The amount of any available indirect compensation shall not be included in the calculation of any commission that may be due to NIS as a result of the placement of an insurance product. NIS shall comply with all applicable state and/or federal laws and regulations regarding disclosure of compensation and embraces industry efforts for transparency. We believe it is important that clients have access to information that may be relevant to their choice of insurance products, including the cost of such insurance and services, and, the compensation that may be directly or indirectly paid to NIS in connection with the products or services that are selected. Your NIS account representative will be happy to address any questions you have regarding this matter. 6. Personnel. NIS will assign its personnel according to the needs of Client and according to the disciplines required to complete the appointed task in a professional manner. NIS retains the right to substitute personnel with reasonable cause. Primary Service Team: ▪ Consultant: Responsible for overall assessment and management of all your benefit plans, medical and dental utilization analytics, renewals, policy changes, and claim reconciliation. ▪ Account Manager: Performs implementation and maintenance of the NIS Service Model, attends or leads employee meetings and insurance committee as requested, performs annual Best Practice visits for life and disability insurance plans, implements benefit administration system, resolves employee claim issues with carriers, takes policy-related questions, 48 Page 69 of 104 8/23 PROPOSAL | BENEFITS CONSULTING and assists the Consultant with the medical carrier during renewal. ▪ Director of Health Plan Analytics: Monitors the financial health of your health insurance plan. Runs utilization analytics and presents solutions based on your data. Handles medical and dental renewals, policy changes, and claim reconciliation. ▪ Inside Service Representative: Medical and ancillary benefit resource for assistance with policy changes, renewals, claim reconciliation, and benefit administration system implementation. Additional Key Resources: ▪ Client Relations: Client Relations: Your life, disability, and ancillary benefit resource for day-to-day policy-related questions and enrollment. 7. Records and Information. Consultant agrees to keep any information provided by Client confidential and to exercise reasonable and prudent cautions in protecting the confidentiality of such information. If the services provided by Consultant involve the use of protected health information, Client and Consultant agree to enter into an appropriate business associate agreement. 8. Independent Contractor. It is understood and agreed that Consultant is engaged by Client to perform services under this Agreement as an independent contractor. Consultant shall use its best efforts to follow written, oral or electronically transmitted (i.e., sent via facsimile or email) instructions from Client as to policy and procedure. 9. Fiduciary Responsibility. Client acknowledges that: (i) Consultant shall have no discretionary authority or discretionary control respecting the management of any of the employee benefit plans; (ii) Consultant shall exercise no authority or control with respect to management or disposition of the assets of Client's employee benefit plans; and (iii) Consultant shall perform services pursuant to this Agreement in a non- fiduciary capacity. Client agrees to notify Consultant as soon as possible of any proposed amendments to the plans' legal documents to the extent that the amendments would affect Consultant in the performance of its obligations under this Agreement. Client agrees to submit (or cause its agent, consultants or vendors to submit) all information in its (or their) control reasonably necessary for Consultant to perform the services covered by this Agreement. 10. Entire Agreement. This constitutes the entire Agreement between the parties, and any other warranties or agreements are hereby superseded. Subsequent amendments to this Agreement shall only be in writing signed by both parties. 49 Page 70 of 104 8/23 PROPOSAL | BENEFITS CONSULTING For National Insurance Services: Signature Date For City of Farmington: Signature Date 50 Page 71 of 104 8/23 PROPOSAL | BENEFITS CONSULTING EXHIBIT 1 Compensation Agreement Client: City of Farmington Client State: Minnesota Client has agreed that National Insurance Services will be compensated for the above services as follows: Consulting fee of $30,000/ annual (billed quarterly) plus carrier commissions on non-medical lines of business. Consulting fee increases 2% a year on the effective date of this agreement. Analytics fee of $_[$]/ annual (billed quarterly). Compensation embedded in the monthly cost of the insurance plan/s. Details below. For National Insurance Services: Name (print) Title Signature Date For City of Farmington: Name (print) Title Signature Date 51 Page 72 of 104 Page 1 of 10 BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement is entered into between the employee health plans of City of Farmington (the “Plan Sponsor”) and National Insurance Services of Wisconsin (“Business Associate”), effective, except as otherwise provided in this Agreement, as of July 1, 2025. The parties wish to enter into this Agreement to enable Covered Entity to meet applicable requirements of the regulations issued under administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and this Agreement shall be interpreted accordingly. This Agreement also is intended to satisfy certain requirements of the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), included in the American Recovery and Reinvestment Act of 2009 (“ARRA”), when and as they become applicable to either Covered Entity or Business Associate and this Agreement shall be interpreted accordingly. ARTICLE 1 DEFINITIONS The following terms, for purposes of this Agreement, have the meanings indicated, unless the context clearly requires otherwise: 1.1 Business Associate means National Insurance Services of Wisconsin. 1.2 Breach has the same meaning as the term “breach” under 45 CFR Section 164.402. 1.3 Covered Entity means the employee health plans sponsored by City of Farmington 1.4 Individual has the same meaning as the term “individual” in 45 CFR Section 160.103 and includes a person who qualifies as a personal representative in accordance with 45 CFR Section 164.502(g). 1.5 Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. 1.6 Protected Health Information or PHI means information that qualifies as protected health information under 45 CFR Section 160.103 with respect to Covered Entity. 1.7 Required by Law has the meaning set forth in 45 CFR Section 164.103. 1.8 Secretary means the Secretary of the Department of Health and Human Services or his or her designee. 1.9 Security Standards means the federal regulations issued as Health Insurance Reform: Security Standards and codified at 45 CFR parts 160, 162 and 164. 52 Page 73 of 104 Page 2 of 10 1.10 Security Incident means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system, but only to the extent that the incident involves electr onic PHI. 1.11 Unsecured Protected Health Information has the same meaning as that term has under 45 CFR Section 164.402, but limited to information that is accessed, maintained, retained, modified, recorded, stored, destroyed or otherwise held, used or disclosed by Business Associate on behalf of Covered Entity. 1.12 Terms used, but not otherwise defined, in this Agreement have the same meaning as those terms have in 45 CFR Sections 160.103, 164.103, 164.402 and 164.501 or in Section 13400 of ARRA. ARTICLE 2 OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE 2.1 Business Associate agrees that it will not use or further disclose PHI other than as permitted or required by this Agreement or as Required by Law. 2.2 Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the PHI other than as provided for by this Agreement. 2.3 Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement. 2.4 Business Associate agrees to report to Covered Entity any use or disclosure of PHI not provided for by this Agreement of which it becomes aware. 2.5 Business Associate agrees to ensure that any agent, including a subcontractor, that creates, receives, maintains or transmits PHI on behalf of Business Associate, agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to that information by entering into an agreement with the subcontractor or other agent that satisfies the requirements of 45 CFR Section 164.504(e)(5). To the extent that a subcontractor or other agent of Business Associate creates, receives, maintains or transmits electronic PHI on behalf of Business Associate, Business Associate will ensure that the subcontractor or agent agrees to comply with the applicable requirements of the Security Standards by entering into an agreement that complies with 45 CFR Section 164.314. 2.6 If Business Associate has PHI in a Designated Record Set, Business Associate agrees to provide access, at the request of Covered Entity or an Individual, and in the time and manner designated by Covered Entity, to such PHI, to Covered Entity or, as di rected by Covered Entity, to an Individual, in order to meet the requirements under 45 CFR Section 164.524. 2.7 To the extent reasonably necessary for Covered Entity to comply with 45 CFR Section 164.524(c)(2), if Business Associate maintains PHI in an electronic format for any Individual, Business Associate agrees to provide, at the request of an Individual, and in the time 53 Page 74 of 104 Page 3 of 10 and manner designated by the Individual, a copy of such information in the electronic format designated by the Individual to that Individual or, if clearly, conspicuously and specifically directed by the Individual to transmit an electronic copy of that information directly to an entity or person designated by the Individual. If electronic information described in the preceding sentence is not readily producible in the form and format requested by the Individual, it will be provided in a readable electronic form and format as agreed to by Business Associate and the individual, or, if no agreement is reached in a hard copy format. Any fee charged by Business Associate to the Individual for providing such information (or a summary or explanation of such info rmation) cannot exceed the amount described in 45 CFR Section 164.524(c)(4). Except as otherwise expressly provided in this Section 2.7, any information provided pursuant to this Section will comply with the requirements of 45 CFR Section 164.524 as they apply to Covered Entity. If a request described in this Section 2.7 is made by the Individual to Covered Entity instead of Business Associate, Business Associate agrees to work with Covered Entity to allow Covered Entity to respond to the request in accordance with Section 164.524. 2.8 If Business Associate has PHI in a Designated Record Set, Business Associate agrees to make any amendment to such information that Covered Entity directs or agrees to pursuant to 45 CFR Section 164.526 at the request of Covered Entity or an Individual , and in the time and manner designated by Covered Entity. 2.9 Business Associate agrees to make internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of, Covered Entity available to the Covered Entity, or at the requ est of the Covered Entity to the Secretary, in a time and manner designated by the Covered Entity or the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule. 2.10 Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR Section 164.528. In addition, effective beginning on the date the requirements of regulations issued pursuant to Section 13405(c) of ARRA become applicable to Covered Entity, if Business Associate maintains information in an electronic format, to the extent necessary for Covered Entity to comply with ARRA Section 13405(c) and applicable regulations, Business Associate agrees to document access to and disclosures of PHI in electronic form, including applicable disclosures for payment, treatment or health care operation purposes and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR Section 164.528, as modified in accordan ce with ARRA Section 13405(c). Business Associate agrees to provide to Covered Entity or an Individual, in a reasonable time and manner designated by Covered Entity, information collected in accordance with this Section 2.10, to permit Covered Entity to respond to a request by an Indi vidual for an accounting of disclosures of PHI in accordance with 45 CFR Section 164.528. 54 Page 75 of 104 Page 4 of 10 2.11 In conducting any electronic transaction that is subject to the Electronic Transaction Regulations on behalf of Covered Entity, Business Associate agrees to comply with all requirements of the Electronic Transaction Regulations that would apply to Covered Entity if Covered Entity were conducting the transaction itself. 2.12 To the extent that Business Associate creates, receives, maintains or transmits electronic PHI on behalf of Covered Entity, Business Associate agrees to maintain administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of all electronic PHI and to otherwise comply with applicable requirements of the Security Standards. 2.13 To the extent that Business Associate creates, receives, maintains or transmits electronic PHI on behalf of Covered Entity, Business Associate agrees to report to Covered Entity any Security Incident of which it becomes aware. For any successful Security Incident, i.e. any Security Incident that results in the unauthorized access, use, disclosure, modification, or destruction of electronic PHI or interference with system operations on an information system on which electronic PHI is maintained, the report will be provided without unreasonable delay and in no event later than ten days after Business Associate becomes aware of the incident. For any unsuccessful Security Incidents (i.e., all Security Incidents not described in the previous paragraph), following a written request by Covered Entity, Business Associate will promptly provide to Covered Entity a report summarizing all such previously unreported incidents. Also, no later than the next January 31 following the end of each calendar year, Business Associate will provide to Covered Entity a written report summarizing all unsuccessful Security Incidents that have not previously been reported to Covered Entity. Unsuccessful Security Incidents include but are not limited to pings on the Business Associate’s firewall, port scans, attempts to log onto a system or enter a database with an invalid password or username, denial-of-service attacks that do not result in the system being taken off-line, or malware such as worms or viruses and similar failed attempts to access systems that include electronic PHI. For successful Security Incidents, each incident report will: 1. Identify each individual whose PHI is known to have been, or is reasonably believed by Business Associate to have been accessed, acquired, or disclosed during the incident; 2. Identify the nature of the non-permitted access, use, or disclosure and the date of the incident and the date of discovery; 3. Identify the PHI accessed, used, or disclosed; 4. Identify who made the non-permitted access, use, or received the non- permitted disclosure; 5. Identify any corrective action Business Associate has taken or will take to prevent similar Security Incidents in the future; 55 Page 76 of 104 Page 5 of 10 6. Identify any actions Business Associate has taken or will take to mitigate any harmful effects of the Security Incident; and 7. Provide such other information, as Covered Entity may reasonably request. To the extent that any of the above information is not available to be included in the Security Incident report, the report must include an explanation of why such information is not available to Business Associate. For unsuccessful Security Incidents, each annual or requested incident report will summarize the types and number of occurrences or frequency of unsuccessful Security Incidents; will indicate whether Business Associate believes its current security measures are adequate to address all unsuccessful Security Incidents, given the scope and nature of such attempts; and if existing security measures are not adequate, the report will describe the measures Business Associate will implement to address the security inadequacies. Notwithstanding the preceding, to the extent that the parties agree that no report of an unsuccessful Security Incident (or of specific types of unsuccessful Security Incidents) is required under applicable law, no such report will be required under this Agreement. 2.14 To the extent that Business Associate accesses, maintains, retains, modifies, records, stores, destroys, or otherwise holds, uses or discloses Unsecured Protected Health Information on behalf of Covered Entity, Business Associate agrees to notify Cov ered Entity of any Breach of such information. Such notification will comply with 45 CFR Section 164.410 including, to the extent possible, identifying each individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired or disclosed during the Breach. In addition, the notice described in the preceding sentence will include all information that is reasonably available to Business Associate that Covered Entity would reasonably be expected to need to fulfill its legal obligations with respect to the Breach, including the information required to be provided in a report of a successful Security Incident as described in this Agreement. If additional information described in the preceding sentence becomes available after the original notice is provided to Covered Entity, Business Associate agrees to promptly provide the additional information to Covered Entity as it becomes available. Business Associate agrees to provide notice of the Breach without unreasonable delay and in no case later than 60 calendar days after Business Associate discovers the Breach. For purposes of the preceding sentence, Business Associate will be treated as discovering the Breach on the first day on which the Breach is known (or should reasonably have been known) to Business Associate (including any employee, officer or other agent of Business Associate other than the person committing the Breach). Whether a Breach has occurred will be determined in accordance with applicable regulations or other authoritative guidance issued pursuant to the HITECH Act. A delay in notification of a Breach that qualifies as a “law enforcement delay” under 45 CFR Section 164.412 or other applicable guidance will not be treated as a violation of this Agreement. 56 Page 77 of 104 Page 6 of 10 2.15 To the extent that Business Associate agrees, under the terms of this Agreement or a general services agreement or otherwise, to carry out any obligation that the Covered Entity may have under the Privacy Rule at 45 CFR part 164, subpart E, Business Associate agrees to comply with the requirements of subpart E that would apply to Covered Entity in performing that obligation. ARTICLE 3 PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE 3.1 Except as otherwise limited in this Agreement, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the general service agreement between Business Associate and Covered Entity, provided that such use or disclosure would not violate the Privacy Rule, the Security Standards or the HITECH Act if done by Covered Entity. 3.2 Except as otherwise limited in this Agreement, Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. 3.3 Except as otherwise limited in this Agreement, Business Associate may disclose PHI for the proper management and administration of the Business Associate, provided that disclosures are Required by Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. 3.4 Except as otherwise limited in this Agreement, Business Associate may use PHI to provide Data Aggregation services to Covered Entity as permitted by 45 CFR Section 164.504(e)(2)(i)(B). 3.5 Business Associate may use PHI to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR Section 164.502(j)(1). ARTICLE 4 OBLIGATIONS OF COVERED ENTITY 4.1 Covered Entity shall notify Business Associate of any limitation in its notice of privacy practices that Covered Entity produces in accordance with 45 CFR Section 164.520, to the extent that that limitation may affect Business Associate's permitted or required uses and disclosures. 4.2 Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by an Individual to use or disclose PHI, if those changes affect Business Associate's permitted or required uses and disclosures. 57 Page 78 of 104 Page 7 of 10 4.3 Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR Section 164.522. ARTICLE 5 PERMISSIBLE REQUESTS BY COVERED ENTITY 5.1 Except as permitted under Sections 3.2, 3.3 or 3.4 of this Agreement, Covered Entity shall not request that Business Associate use or disclose PHI in any manner that would not be permitted under the Privacy Rule, the Security Standards or the HITECH Act if done by Covered Entity, unless such use or disclosure is otherwise permitted under the Privacy Rule, the Security Standards or the HITECH Act if done by the Business Associate on behalf of Covered Entity and is consistent with the requirements of the general services agreement between Covered Entity and Business Associate. ARTICLE 6 TERM AND TERMINATION 6.1 Term. This Agreement is effective beginning July 1, 2025 and will terminate when all of the PHI provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions of this Article 6. 6.2 Termination for Cause. If Covered Entity becomes aware of a material breach of this Agreement by Business Associate, Covered Entity shall (1) provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Agr eement (and any applicable portion of a general services agreement between the parties) if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity, or (2) immediately terminate this Agreement (and any applicable portion of a general services agreement that covers the services that Business Associate performs for Covered Entity) if Business Associate has breached a material term of this Agreement and cure is not possible. 6.3 Effect of Termination. (a) Except as provided in paragraph (b) of this Section, upon termination of this Agreement for any reason, Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision applies to PHI that is in the possession of subcontractors or agents of Business Associate. Except as provided in paragraph (b) of this Section, Business Associate shall retain no copies of the PHI. (b) If Business Associate determines that returning or destroying PHI is infeasible, Business Associate shall notify Covered Entity of the conditions that make return or destruction infeasible and Business Associate will extend the protections of this Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such PHI. 58 Page 79 of 104 Page 8 of 10 ARTICLE 7 MISCELLANEOUS 7.1 Regulatory and Statutory References. A reference in this Agreement to a regulation or a statute means that regulation or statute as in effect and as amended at the time of reference and as interpreted pursuant to any applicable guidance provided by the Secretary or other responsible regulatory authority and any applicable case law. 7.2 Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Covered Entity and Business Associate to comply with the requirements of the Administrative Simplification provisions of HIPAA or the HITE CH Act, and of the regulations issued pursuant to those laws. The Parties may agree to amend this Agreement from time to time in any other respect as they deem appropriate. This Agreement shall not be amended except by written instrument executed by Covered Entity and Business Associate. 7.3 Survival. The respective rights and obligations of Business Associate under Section 6.3 of this Agreement shall survive the termination of this Agreement. 7.4 Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Covered Entity to comply with applicable requirements of the HIPAA Administrative Simplification regulations and with the applicable requirements of the HITECH Act. Also, nothing in this Agreement shall be construed to require Business Associate to violate its obligations to comply with any requirements of the Privacy Rule or the Security Standards that apply directly to Business Associate. 7.5 Effective Date. Notwithstanding any other provision of this Agreement, Business Associate shall not be required to comply with any obligation imposed on it by this Agreement which is intended to provide for a Covered Entity’s compliance with a requirement of the Administrative Simplification Regulations or the HITECH Act or regulations or other guidance issued pursuant to the HITECH Act until the date on which Covered Entity is first required to comply with that requirement. 7.6 Relationship of Parties. None of the provisions of this Agreement are intended to create or shall be deemed to create any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of this Agreement and any other Arrangement between the Parties. 7.7 No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person or entity other than Plan Sponsor, Business Associate and their respective successors and assigns, any rights, remedies, obligations or liabilities whatsoever. 7.8 Successors and Assigns. This Agreement shall be binding on the parties and their successors, but neither party may assign the Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld. 59 Page 80 of 104 Page 9 of 10 7.9 Waiver. No change, waiver or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation, on any occasion. 7.10 Severability. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect. 7.11 Notice. Any notice to the other party pursuant to this Agreement shall be deemed provided if sent by first class United States mail, postage prepaid, as follows: To Business Associate: National Insurance Services of Wisconsin 300 North Corporate Drive Brookfield, WI 53045 Attn: Hank Ehrsam, President Attn: Al LeGrand, COO To Plan Sponsor: Privacy Officer ____________ ____________ ____________ 7.12 Indemnification. i. Plan Sponsor shall indemnify and hold harmless Business Associate from and against any and all losses, expense, damage or injury that Business Associate may sustain as a result of, or arising out of a breach of this Agreement by Plan Sponsor or its agents or subcontractors, including but not limited to any unauthorized use, disclosure, damage, or destruction of PHI. ii. Business Associate shall indemnify and hold harmless Plan Sponsor from and against any and all losses, expense, damage or injury that Plan Sponsor may sustain as a result of, or arising out of a breach of this Agreement by Business Associate or its agents or subcontractors, including but not limited to any unauthorized use, disclosure, damage, or destruction of PHI. 60 Page 81 of 104 Page 10 of 10 7.13 Entire Agreement. This Agreement sets forth the entire understanding of the Parties with respect to its subject matter and supersedes all prior agreements, arrangements and communications, whether oral or written, pertaining to the subject matter of this Agreement. The parties have caused this Agreement to be executed by their authorized representatives. City of Farmington By: _______________________________________ Print Name: ________________________________ Print Title: _________________________________ Date: _____________________________________ NATIONAL INSURANCE SERVICES OF WISCOSNIN By: _______________________________________ Print Name: Hank Ehrsam Print Title: President Date: _____________________________________ 61 Page 82 of 104 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 - May 19 2025 INTRODUCTION: Staff recommends the following:  Promotion of Damon Hoppe from Mechanic to Lead Mechanic (effective 7/4/25)  Appointment of Bryce Aguilar as Public Works Maintenance Worker  Appointment of Addyson Duff and Norah Zey as Seasonal Recreation Program Assistant  Rehire of Sawyer Hoffman as Seasonal Public Works Maintenance Worker DISCUSSION: With the retirement of Ron Ley effective July 3, we are happy to recommend the promotion of Mechanic Damon Hoppe to Lead Mechanic, effective July 4. Damon has been a part of Team Farmington since November 2018, and we are excited to see him advance into this role. Bryce Aguilar previously served the City as a Seasonal Public Works Maintenance Worker, and we are happy to welcome him back as a full-time member of Team Farmington. BUDGET IMPACT: All positions are included in the 2025 Budget. ACTION REQUESTED: Approval of the promotion of Damon Hoppe from Mechanic to Lead Mechanic effective 7/4/25, appointment of Bryce Aguilar as Public Works Maintenance Worker, appointment of Addyson Duff and Norah Zey as Seasonal Recreation Program Assistants, and the rehire of Sawyer Hoffman as Seasonal Public Works Maintenance Worker. Page 83 of 104 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreement with WSB LLC for the Northeast Area Trunk Utilities Preliminary Design Meeting: Regular Council - May 19 2025 INTRODUCTION: In July of 2024, the City of Empire contacted Farmington Staff indicating that they are very interested in an emergency water interconnect with Farmington in the vicinity of 190th Street/TH 3. The likely location for Farmington's next water storage tank is on the west side of TH 3, about 0.60 miles north of the 190th Street intersection. City Staff is requesting authorization to prepare a study to extend trunk water and sanitary sewer along 190th Street and TH 3, generally in the location shown on the attached graphic. DISCUSSION: Location As shown on the attached graphic, the proposed alignment runs along the north side of 190th Street from the railroad tracks to TH 3; and along the west side of TH 3 to the likely water storage site. The railroad property is owned by Chicago, Milwaukee, St. Paul and Pacific Railroad and is currently used by the Union Pacific Railroad. The proposed trunk utilities would serve development areas northwest of 190th Street/TH 3 and will also provide an emergency water interconnect to the City of Empire. The property owners that would be directly affected by this study have been contacted about the proposed scope and reasons for the study. They are aware that the City will be requesting permission for surveyors to enter the corridor area to prepare topographic surveys and permission for a geotechnical firm to obtain soil borings. If the project proceeds, we will likely need to discuss easements, both permanent and temporary (for construction). Emergency Water Interconnect The interconnection of neighboring water systems is commonplace in the metropolitan area and is sound water system planning. Similar to looping of watermains in new developments, water interconnections allow for service to be maintained if a portion of the system is taken out of service. Per the City of Empire, they expect this connection would be for emergency services only such as high-water demand, a water main break, or system contamination. An interconnect vault will be constructed in Farmington and maintained by Public Works Staff. The underground vault will include any valving necessary to account for water system pressure differentials, and metering of the water flow. We understand that the City of Empire is also pursuing a water storage tank, to be located on the east side of TH 3, north of 190th Street. We asked Empire staff if the urgency of the interconnect is Page 84 of 104 lessened at all by Empire’s proposed storage tank to the northeast. They responded that they still desire to have the interconnect. To facilitate discussions regarding the interconnect, we will draft a Joint Powers Agreement or Cooperative Agreement that addresses the following:  Construction cost sharing  Ownership, repair, and maintenance (by Farmington)  System maintenance expectations  Rates to be charged for any water provided to the adjoining city.  Invoicing and payment  Any constraints on access to Farmington water  Agreement term  Indemnification  Notice  Severability The initial draft agreement will incorporate cost estimates resulting from this study. Water Storage Site In February of 2020, a Water Storage Tank Siting Study was completed. Based on the projected demand of the Farmington water system, existing storage capacity, and typical water tank manufacturing, the study indicated 2.5 MG of additional storage be constructed. The 2020 study also included storage siting analysis. It was recommended that the next water storage tank be located on the west side of TH 3, about 0.60 miles north of the 190th Street intersection. The City is in the process of updating out comprehensive land use plan. Based on land use information available to date, and updated water system analysis, the same site is recommended for the next water storage site. City Staff has met with the owner of Parcel 14-01800-02-040, the preferred site of new water storage. The original area to be acquired for the tank site was 7.25 acres. The property owner would like the City to review our needs and possibly reduce the area needed for the water tank site. We also need to review the site access location within the context of future access management along TH 3 in this area. For efficiency, this preliminary site analysis is included in the work scope for this study. Sanitary Sewer As much of the effort used to evaluate the feasibility of trunk water extensions, such as topographic surveys, soil borings, etc. can also be used for sanitary sewer, both utilities have been included in this study. Addressing trunk sanitary sewer at the same time was also preferred by the adjacent property owners. Specification Review The work scope also includes a review of the City's standard specifications for sanitary sewer and water main any updates that should be incorporated into this trunk project and for ways to increase cost effectiveness without reducing our standards. Work Scope and Schedule Early in 2023, the City Council approved the Consultant Pool for 2023-2027. WSB is one of the firms based budget and scope attached the and has on Pool Consultant the in prepared discussions with City Staff. Major tasks included in the scope are the following: Page 85 of 104  Topographic Survey  Geotechnical Evaluation  Feasibility Study/Preliminary Design  City Specification Review  Preliminary Water Tower Site Layout Staff anticipates completion of the feasibility study later this summer, which would allow construction of the water interconnect to begin later this year. BUDGET IMPACT: Work under this contract will be billed hourly for a cost not to exceed $70,762. The approved 2025- 2029 Capital Improvement Plan includes PW-25-012, Farmington East - Trunk Sanitary Sewer and Water with the funding sources for 2025 as follows: Funding Source Amount Sewer Fund $ 875,000 Water Fund $ 875,000 Total $ 1,750,000 Out of the total amount for 2025, $250,000 was identified for Planning/Design. This project is one of multiple trunk utility projects that may need to be undertaken in the eastern area of the city to support future development. ACTION REQUESTED: Approve a Professional Services Agreement with WSB LLC for the Northeast Area Trunk Utilities Preliminary Design ATTACHMENTS: NE Area Trunk Utilities project area 051425 051925 PSA WSB NE Area Trunk Utilities prelim design Page 86 of 104 Page 87 of 104 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 19th day of May, 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 WSB LLC, a Limited Liability Company, whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416 (hereinafter "Engineer"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit “A” attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated John Powell, Public Works Director/City Engineer (the “City Representative”), and the Engineer has designated Mark Erichson, Director of Municipal Services (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 $70,762 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the Page 88 of 104 224345v1 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by September 30, 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 Page 89 of 104 224345v1 negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. c. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. Page 90 of 104 224345v1 d. Engineer shall maintain “stop gap” coverage if Engineer obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Farmington” as an additional insured. f. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. l. The Engineer’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. m. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer’s Work. Upon request a copy of the Engineer’s insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Engineer of any deficiencies in such documents and Page 91 of 104 224345v1 receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section o, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed Page 92 of 104 224345v1 services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, partners’, employees’, volunteers’, assignees’, or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Page 93 of 104 224345v1 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR. Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Page 94 of 104 224345v1 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: May 19, 2025 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Shirley R Buecksler City Clerk Dated:__________________, 20___ ENGINEER: WSB LLC By: [print name] Its: [title] Page 95 of 104 224345v1 EXHIBIT “A” SCOPE OF SERVICES AND EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 96 of 104 A PROPOSAL FOR Northeast Area Trunk Utilities Project FOR THE CITY OF FARMINGTON Page 97 of 104 190th Street Trunk Water and Sewer Project 1 May 12, 2025 Mr. John Powell, PE Public Works Director / City Engineer City of Farmington 430 Third Street Farmington MN 55024 Re: Proposal to Provide Professional Engineering Services for Northeast Area Trunk Utilities Project Dear Mr. Powell: WSB is pleased to submit the following proposal to provide professional consulting services for the 190th Street Trunk Water and Sewer Project. We have assembled a multidisciplinary team that can provide the City of Farmington with all the necessary professional services to deliver a successful project. WSB’s Approach | Our approach will deliver a project that conforms to the City of Farmington’s design standards, meets requirements of current MnDOT and Dakota County design guidelines (where applicable). The City will have access to an experienced team of WSB staff that have successfully delivered similar projects for surrounding communities throughout the Minneapolis and St. Paul metro area. Our proposed design team will partner with the City of Farmington to identify potential design challenges, discuss possible alternatives, and then communicate with City staff to develop solutions that all project stakeholders can stand behind. Experienced Team | Mark Erichson and Katie Koscielak have served as the primary design engineers and project managers for numerous urban infrastructure improvement projects. In addition to their comprehensive understanding of the technical aspects of the project, the team also understands the need to engage stakeholders early and often during design to ensure successful delivery during construction. Enclosed you will find a proposal to complete the tasks associated with the 190th Street Trunk Water and Sewer Project. The proposal includes an hourly breakdown to complete each of the tasks associated with the project. The terms of this proposal shall remain valid for the duration of the project. We are excited about the prospect of continuing a lasting, collaborative, and trusting relationship with the City of Farmington. We believe the successful delivery of any improvement project hinges on developing a partnership with the City, and we look forward to continuing that partnership with the City of Farmington. Page 98 of 104 190th Street Trunk Water and Sewer Project 2 Thank you for the opportunity to propose on this project. If you have questions about the content of this proposal, please feel to reach out at merichson@wsbeng.com or 612.360.1278. Sincerely, WSB Mark Erichson, PE Director of Municipal Services Attachment - Project Budget Worksheets Page 99 of 104 190th Street Trunk Water and Sewer Project 3 PROJECT UNDERSTANDING The City of Farmington is requesting a proposal for engineering services related to the extension of trunk watermain and sanitary sewer along the north side of 190th Street and along the west side of Chippendale Avenue to the future water tower site. The extension of 20-inch trunk watermain is a continuation of watermain previously constructed as part of the 195th Street (Co. Rd. 64) project with as-builts dated 1/4/2010. Trunk watermain is proposed to be extended from the Canadian Pacific Railway east approximately 3,000 feet to the east side of Chippendale Avenue. This watermain extension is consistent with the Comprehensive Plan and previous water tower siting studies. The trunk watermain is proposed to extend to the east side of Chippendale Avenue allowing for an interconnect with Empire Township. This work will include pressure reducing valve and jacking a casing pipe underneath Chippendale Avenue. The project will also include a trunk watermain extension along the west side of Chippendale Avenue, north to the future water tower site. WSB will review past reports, data and drawings on the City of Farmington and Empire Township water systems to verify the preliminary design of a Pressure Regulating Valve (PRV) Vault on the 20-inch diameter watermain between the City of Farmington and Empire Township. Based on the review of background information, WSB will provide a preliminary design and costs for a PRV Vault, to include preliminary sizing and specifications for the PRV, design and preliminary drawings of the valve vault piping and isolation (gate) valves and the valve vault structure, including access hatch. WSB will also provide a preliminary valve vault overall site layout, identifying the means for accessing the valve vault. It is assumed the agreement between Farmington and Empire will be completed by City Staff, supported by cost estimates prepared by WSB as part of the preliminary design. The scope of services will include a preliminary layout for the water tower site to aid in determining the necessary size needed for the tower site. The proposed scope of services will also include review of City Specifications/Details and Engineering Guidelines providing updates to ensure they correlate correctly with new MNDOT 2025 specifications and are consistent throughout. Through an investigation of the scope of work, meetings with City Staff, and conducting site visits, WSB is familiar with the vision, expectations, and goals for this project. Based on our extensive expertise with similar projects and our project understanding, we are confident about successfully and professionally undertaking this project. PROJECT APPROACH/SCOPE OF SERVICES Our team has both the experience and the expertise necessary to complete the preliminary design of this project seamlessly. WSB takes pride in delivering a quality design that reduces risk during construction and allows the project to be delivered on time and on budget. WSB utilizes the latest technology to complete designs in a cost-effective manner and has a robust internal review process that involves a thorough review of construction documents at the 30% level, which will include developing a preliminary alignment and profile. This will include identification of construction limits and necessary easement acquisition needs. WSB creates high-quality plans and has experienced staff to complete the project on time and on budget. WSB utilizes the latest technology to enhance efficiency and communication throughout the design and construction process. The combination of our knowledge of the design process with our construction expertise will allow us to deliver a successful project to the City of Farmington. The following approach will describe the professional services necessary to complete the requested scope of services. Task 1 |Topographic Survey WSB will perform a field control survey and develop horizontal and vertical control points at convenient intervals throughout the project and perform topographic survey of the utility project boundaries. Page 100 of 104 190th Street Trunk Water and Sewer Project 4 Subtask 1.1: Control Points WSB will establish control points on the project, which will eventually be utilized for the construction staking. Control points will be placed beyond expected construction limits so that they can be utilized during construction. Sufficient control points will be placed on the project so that if certain control points are vandalized or otherwise lost, the control can easily be re-established. Control points will be set up using Dakota County coordinates. City/County/State benchmarks will be utilized for vertical control. Subtask 1.2: Utility Location WSB will submit a Gopher State One Call Ticket for the project area to assemble utility information which will be shown on the plans. Subtask 1.3: Topographic Features We will provide shot data for all topographic features including but not limited to: trees, tree lines, roadway edges, private and public utility locations, all curb stops, hydrants, manholes, catch basins, inverts of manholes, inverts of catch basins, inverts of flared end sections, culverts, gate valves, adjacent streets, roadway edges, street signs, property corners, and light poles. Available plats will be used to verify property corners found are valid. It is assumed that the City will coordinate all right-of-entries to obtain shots in areas outside of public right of way. Subtask 1.4: Base Mapping Utilizing Civil 3D, WSB will create the base map for the project. The base map will be created to show all topographic features from the field data. Utilizing existing plats or property surveys, WSB will show property lines on the base map adjacent the roadway. WSB will create the TIN for the project and create contours in the appropriate AutoCAD layer and provide a digital copy of the base map to the City. Subtask 1.5: Documentation Upon completion and acceptance of the base map by the City Engineer, WSB will provide a copy of all field notes, Gopher State design locate drawings and any other project documentation. Task 2 |Geotechnical Evaluation WSB will conduct a Geotechnical Evaluation which will include soil borings and summary report complete with professional recommendations necessary for the contractor to know what materials exist for both open excavation and jacking operations and if groundwater can be expected to be encountered during construction. Based on the project limits, WSB is recommending 8 borings at/to 10-20-foot depth. City staff will be provided with a map showing the locations of the proposed borings for their review and comment. WSB will also: Obtain geotechnical report with recommendations Participate in a Gopher State One site meet. Perform Standard Penetration Test borings and sampling Evaluate soils from the borings samples to determine corrosivity of the soils throughout the project area and depth to groundwater Classify soils with USCS and prepare boring logs Preparation of a Geotechnical Report with recommendations The scope of work assumes the City has approved the work and provides WSB the right to drill within the proposed corridor. No permits are anticipated as this work is directly for the City and outside of State and County Right of Way. The scope of work included within the fee estimate does not include any services in connection with the discovery of potential contamination during drilling and sampling operations. This study is not designed to detect or identify such materials. In the event that such material is suspected, WSB will notify the City Page 101 of 104 190th Street Trunk Water and Sewer Project 5 immediately for direction before proceeding on any out-of-scope services. The field investigation could be resumed only after the appropriate health and safety issues are addressed and the scope and fee are modified to address this change in condition. Preparation of supplemental reports, addendum letters, and/or review of plans and specifications are not included in the base geotechnical study fee; and responses to the project design team, review agencies or additional work that may be requested are also not included. Task 3 |Feasibility Study Prior to commencing the preparation of the feasibility report, our team will visit and inspect the project area with City staff. The results of the preliminary site through and the additional preliminary analysis completed will be an in-depth understanding of the project conditions and issues and we will provide recommendations for the proposed improvements. Based on the preliminary recommendations developed, our team will prepare a feasibility report which outlines the project necessity, feasibility of constructing the improvements, and estimated cost. As part of this process WSB will develop 30% preliminary design documents which will aid in identifying construction limits and corresponding easement needs. Easement sketches, legal descriptions and final design will take place as part of a separate or expanded contract. SCHEDULE It is understood that the City desires the project to start construction during the Fall of 2025, provided the necessary easements are acquired by that time. To meet the desired project completion date, we propose the following schedule: Kick off meeting with City ................................................................................................................ May 2025 Data collection & topographic survey ...................................................................................... June-July 2025 Accept Feasibility Study .............................................................................................................. August 2025 WSB will begin work immediately upon receiving your Notice to Proceed. WSB proposes to begin the topographic survey and data collection for the project as soon as the weather permits. PROPOSED FEE WSB will provide the services as outlined in Project Approach / Scope of Services. Our budget was developed based on our understanding of the scope and experience with similar type projects. The following is a summary of the costs for each phase of the project: Task Description Fee 1 Topographic Survey $5,764 2 Geotechnical Evaluation $9,000 3 Feasibility Study/Preliminary Design $29,388 4 City Specification Review $3,218 5 Preliminary Water Tower Site Layout $4,142 Total $70,762 We propose to conduct the work listed above on an hourly not-to-exceed fee of $70,762. If additional work outside of the above-described scope is determined necessary, we will proceed only after City approval. WSB will work with the City to define the scope of any additional work for City approval. Page 102 of 104 190th Street Trunk Water and Sewer Project 6 If this proposal is acceptable, please execute the signature block below and return as our authorization to proceed. ACCEPTED BY: CITY OF FARMINGTON, MN Signature: Name/Title: Date: Page 103 of 104 Mark Erichson Katie Koscielak Nate Kock Kris Keller Kendra Fallon Tim Cartony Steve Gazdik Dan Perron John Lapointe Smita Jadhav Steve Nelson TBD TBD Jim Barich Anne Sill 1 Topographic Survey 1.1 Field Survey 18 18 4,770.00$ 1.2 Office Survey 4 4 612.00$ 1.3 Coordination 2 2 382.00$ 24 5,764.00$ 2 Geotechnical 2.1 Soil Borings (4) 2.2 Soil Classification and Labs 2.3 Geotechnical Report with Recommendations 14,000.00$ 3 Feasibility Study 3.1 City Meeting 4 4 1,056.00$ 3.2 Project Management 4 2 6 1,556.00$ 3.3 Data Collection 4 4 8 1,544.00$ 3.4 Report 2 4 16 4 26 4,304.00$ 3.5 Figures 2 2 350.00$ 3.6 Project Costs / Funding 8 12 20 3,540.00$ 3.7 Utility Coordination/Prelim Permit Requirements 2 2 4 720.00$ 3.8 Preliminary Design 2 8 78 4 48 2 10 10 162 30,178.00$ 232 43,248.00$ 4 City Specification Review 4.1 Specifications 2 8 8 18 3,608.00$ 18 3,608.00$ 5 Water Tower Site Layout 5.1 Preliminary Design 2 2 8 4 4 20 4,142.00$ 20 4,142.00$ 16 36 108 8 4 56 2 2 14 14 2 18 4 6 4 294 264.00$ 195.00$ 165.00$ 190.00$ 195.00$ 218.00$ 175.00$ 138.00$ 220.00$ 150.00$ 250.00$ 265.00$ 153.00$ 191.00$ 89.00$ 4,224.00$ 7,020.00$ 17,820.00$ 1,520.00$ 780.00$ 12,208.00$ 350.00$ 276.00$ 3,080.00$ 2,100.00$ 500.00$ 4,770.00$ 612.00$ 1,146.00$ 356.00$ 70,762.00$ Farmington - Northeast Area Trunk Utilities Project Detailed Cost Breakdown of Tasks Task Description Principal Project Manager Project Engineer Water Resources Engineer Engineering Technician GIS Specialist Task Cost Subtotal = Lump Sum 14,000.00$ Environmental Scientist Two-Person Survey Crew Survey Technician Survey Coordinator Administrative Total Hours Subtotal = Labor Costs Total Costs Water/Wastewater Project Engineer Water/Wastewater Project Engineer Water/Wastewater Project Manager Project Engineer Subtotal = Subtotal = Total Hours Hourly Cost Subtotal = Pa g e 1 0 4 o f 1 0 4