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HomeMy WebLinkAbout06.15.26 Council Packet Meeting Location: Farmington City Hall, Council Chambers 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Monday, June 15, 2026 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. Minnesota RE Journal 2026 City of the Year Receive Minnesota RE Journal 2026 City of the Year Award Agenda Item: Minnesota RE Journal 2026 City of the Year - Pdf 4 - 5 6. CONSENT AGENDA 6.1. Application for Gambling Event Permit for Farmington Youth Football Association - Raffle Agenda Item: Application for Gambling Event Permit for Farmington Youth Football Association - Raffle - Pdf 6 - 12 6.2. Election Judge Appointments for the 2026 Election Cycle Agenda Item: Election Judge Appointments for the 2026 Election Cycle - Pdf 13 - 15 6.3. Minutes of the June 1, 2026 City Council Work Session Agenda Item: Minutes of the June 1, 2026 City Council Work Session - Pdf 16 - 18 6.4. Minutes of the June 1, 2026 Regular City Council Meeting Agenda Item: Minutes of the June 1, 2026 Regular City Council Meeting - Pdf 19 - 23 6.5. Payment of Claims Agenda Item: Payment of Claims - Pdf 24 - 25 Page 1 of 233 Payment of Claims 6.6. Approve the Shared Fit Test Machine Joint Powers Agreement Agenda Item: Approve the Shared Fit Test Machine Joint Powers Agreement - Pdf 26 - 30 6.7. Staff Approvals and Recommendations Agenda Item: Staff Approvals and Recommendations - Pdf 31 6.8. Agreement with DSM Excavating for Soil Correction for Skatepark Agenda Item: Agreement with DSM Excavating for Soil Correction for Skatepark - Pdf 32 - 39 6.9. Active Transportation Grant Applications for Trail Projects Agenda Item: Active Transportation Grant Applications for Trail Projects - Pdf 40 - 42 6.10. Donation from Farmington Greenhouse to the Rambling River Center Agenda Item: Donation from Farmington Greenhouse to the Rambling River Center - Pdf 43 - 44 6.11. Donation of Flowers for Downtown from the Farmington Rotary Agenda Item: Donation of Flowers for Downtown from the Farmington Rotary - Pdf 45 - 46 6.12. Donation from Happy Harry’s Furniture to the Rambling River Center Agenda Item: Donation from Happy Harry’s Furniture to the Rambling River Center - Pdf 47 - 48 6.13. Professional Services Agreement with WSB for Construction Materials Testing and Special Inspections Agenda Item: Professional Services Agreement with WSB for Construction Materials Testing and Special Inspections - Pdf 49 - 63 6.14. State of Minnesota Grant Agreement for Skatepark Agenda Item: State of Minnesota Grant Agreement for Skatepark - Pdf 64 - 99 6.15. RFQ for Police Department Expansion and Remodel Project Agenda Item: RFQ for Police Department Expansion and Remodel Project - Pdf 100 - 117 6.16. Joint Powers Agreement with Dakota County for Traffic Signal Replacement at the CSAH 31 and CSAH 50 Intersection Agenda Item: Joint Powers Agreement with Dakota County for Traffic Signal Replacement at the CSAH 31 and CSAH 50 Intersection - Pdf 118 - 138 6.17. Metropolitan Council Clean Water Grant Agreement for 2026-2028 Agenda Item: Metropolitan Council Clean Water Grant Agreement for 2026-2028 - Pdf 139 - 178 6.18. Purchase of a 2021 John Deere 324L Compact Wheel Loader, Bucket Attachment, and Tires Agenda Item: Purchase of a 2021 John Deere 324L Compact Wheel Loader, Bucket Attachment, and Tires - Pdf 179 - 187 Page 2 of 233 6.19. Real Estate Sale Contract for Real Property in the City of Farmington, Dakota County, Minnesota PID:14-77000-31-023 and PID 14-77000-31- 010 Agenda Item: Real Estate Sale Contract for Real Property in the City of Farmington, Dakota County, Minnesota PID:14-77000-31-023 and PID 14-77000-31-0 - Pdf 188 - 207 6.20. Receive Quotes and Award a Contract for the 2026 Summer Ash Tree & Stump Removal Agenda Item: Receive Quotes and Award a Contract for the 2026 Summer Ash Tree & Stump Removal - Pdf 208 - 212 6.21. Vermillion River Watershed Joint Powers Organization Stewardship Grant Agreement Agenda Item: Vermillion River Watershed Joint Powers Organization Stewardship Grant Agreement - Pdf 213 - 228 7. PUBLIC HEARINGS 8. AWARD OF CONTRACT 9. PETITIONS, REQUESTS AND COMMUNICATIONS 10. UNFINISHED BUSINESS 11. NEW BUSINESS 11.1. Letter of Support - Minnesota Valley Transit Authority's Regional Solicitation Application Authorize the Mayor to send a letter of support for Minnesota Valley Transit Authority's Regional Solicitation Application to expand their Connect microtransit services to the south metro, serving Farmington. Agenda Item: Letter of Support - Minnesota Valley Transit Authority's Regional Solicitation Application - Pdf 229 - 233 12. 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.) 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN Page 3 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Deanna Kuennen, Community & Economic Development Director Department: Community Development Subject: Minnesota RE Journal 2026 City of the Year Meeting: Regular Council - Jun 15 2026 INTRODUCTION: The City of Farmington was awarded the City of the Year at the 2026 Minnesota RE Journal awards on May 7, 2026. Annually the Real Estate Journal presents their Commercial Real Estate Awards, celebrating achievements and successes of projects, people, and entities throughout the state. This year the three city/county finalists included Lakeville, Owatonna, and Farmington - with Farmington being named the winner. DISCUSSION: The RE Journal Real Estate Awards celebrate achievements and successes of projects, people, and entities throughout the state who work within the commercial real estate industry. One category included within the awards is City/County of the Year, recognizing that real estate projects and developments cannot happen without the community partners and their participation. Over the years, Rosemount, Apple Valley, Faribault, and Fridley are some of the communities that have been recognized as MN RE Journal City of the Year for their role in fostering development and supporting real estate investments. In 2026, three communities were named as finalists, and Farmington was announced as the winner at the awards ceremony on May 7th. Included in the write-up for Farmington was the following: Farmington is redefining itself. In the past year, Farmington advanced projects that are expanding opportunities and transforming the community. The Emery, the first market- rate apartment in more than 30 years opened, earning awards and putting Farmington on the map. Yellow Tree has now opened Rye Apartments, and upscale 168-unit development, facilitated city The also housing Farmington's expanding options. significant infrastructure investments, completed environmental review on 600+ acres increasing available land supply, processed complex development applications, and enhanced efforts. its business support ecosystem through targeted and creative Collectively, this demonstrates Farmington's bold leadership, strategic approach to growth, and ongoing commitment to community resilience. Page 4 of 233 It isn't just one big project or one big thing that makes Farmington worthy of this award. Instead, Farmington's accomplishments reflect steady, strategic progress, resilience and unity, a collaborative culture, and a commitment to process and professionalism that welcomes quality growth and investment. ACTION REQUESTED: Receive Minnesota RE Journal 2026 City of the Year Award Page 5 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Melissa Geis, City Clerk Department: Administration Subject: Application for Gambling Event Permit for Farmington Youth Football Association - Raffle Meeting: Regular Council - Jun 15 2026 INTRODUCTION: For Council approval is a Gambling Event Permit application from Farmington Youth Football Association for a Raffle on August 17, 2026. DISCUSSION: The City has received an application from Farmington Youth Football Association for approval of an application to conduct a raffle on August 17, 2026. Per Minnesota Statute, City approval is required prior to the Applicant submitting their application to the Gambling Control Board. A background investigation is not required for a Gambling Event Permit. Staff recommends approval of this application and adoption of Resolution 2026-055 ACTION REQUESTED: Adopt Resolution 2025-055 Concurring with the Issuance of a Minnesota Lawful Gambling Exempt Permit for Farmington Youth Football Association to Conduct Off-Site Gambling, Raffle Street Spruce 114 Lot, Parking East Arena Schmitz-Maki at 2026 17, August Farmington. ATTACHMENTS: 2026-055 Gambling Event Permit Farmington Youth Football Assoc 2026-055 Gambling Event Permit, Farmington Youth Football Assn Page 6 of 233 MINNESOTA LAWFULGAMBLING 4,23 LG220 Application for Exempt Permit Page 1 of3 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that:...... ..Applications are processed in the order received.If the application I conducts IanUI gambling on five or fewer days,and is postmarked or received 30 days or more before the event,the -awards less than $50,000 in prizes during a calendar application fee is $100;otherwise the fee is $150_ year.._. If total raffle prize value for the calendar year will be Due t0 the h'gh volume 0f exempt applications,paymentOf _additional fees prior to 30 days before your event Will not expedite $1,500 or less,contact the Licensing Specialist assigned to ,_, your county by calling 651-539-1900.sewice,nor are telephone requests for expedited serwce accepted. Organization .._Previous Gambling Name:Farmington Youth Football Assoaation Permit Number:x- Minnesota Tax ID Federal Employer ID Number,if any:Number (FEIN),if any:82-3242425 Mailing Address:PO Box 293 City:Farmington State:MN Zip:55024 County:Dakota Name of Chief Executive Officer (CEO):Brian Stender CEO Daytime Phone:612-298-8680 CEO Email;brianstender22@gmail.com (permit will be emailed to this email address unless otherwise indicated below) Type of Nonprofit Organization (check one): [:1 Fraternal |:]Religious :1 Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: h———(_DONOT attach a sales tax exempt status or federal employer ID number,as they are not proof of nonprofit status.) i A current calendar year Certificate of Good Standing Don’t have a copy?Obtain this certificate from: MN Secretary of State,Business Services Division Secretary of State website,phone numbers: 60 Empire Drive,Suite 100 www.sgs.state.mn.us St.Paul,MN 55103 651—296-2803,or toll free 1-877-551-6767 IRS income tax exemption (501(c))letter in your organization’s name Don’t have a copy?To obtain a copy of your federal income tax exempt letter,have an organization officer contact the IRS toll free at 1-877-829—5500.D IRS -Af?liate of national,statewide,or international parent nonprofit organization (charter) If your organization falls under a parent organization,attach copies of b_ot_hof the following: 1.IRS letter showing your parent organization is a nonpro?t 501(c)organization with a group ruling;and 2.the charter or letter from your parent organization recognizing your organization as a subordinate. Name of premises where the gambling event will be conducted _. (for raffles,list the site where the drawing will take place):SChm'tZ'Mak'Arena Physical Address (do not use P.O.box):114 Spruce Street Check one: .City:Farmington Zip:55024 County:Dakota D Township:Zip:County: Date(s)of activity (for raffles,indicate the date of the drawing):August 17L2026 Check each type of gambling activity that your organization will conduct: EBingo DPaddlewheels1:]Pull—Tabs |:]Tipboards Raf?e Gambling equipment for bingo paper,bingo boards,raffle boards,paddlewheels,pull—tabs,and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board.EXCEPTION:Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo.To find a licensed distributor,go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab,or call 651-539—1900. l—— Page 7 of 233 4/23 LG220 Application for Exempt Permit Page 2 of 3 COUNTY APPROVAL for a gambling premises located in a townshipDTheapplicationisacknowledgedwithno waiting period. The application is acknowledged with a 30-day waiting period,and allows the Board to issue a permit after 30 days.[:lTheapplication is denied. Print County Name: CITY APPROVAL for a gambling premises located within city limitsDTheapplicationisacknowledgedwithnowaiting period. The application is acknowledged with a 30-day waiting period,and allows the Board to issue a permit after 30 days (60 days for a lst class city).[:lTheapplication is denied. Print City Name: Signature of City Personnel:Signature of County Personnel: Date:Title: TOWNSHIP (if required by the county) On behalf of the township,I acknowledge that the organization is applying for exempted gambling activity within the township limits.(A township has no statutory authority to approve or deny an application,per Minn.Statutes,section 349.213.) Title:Date: The city or county must sign before submitting application to the Gambling Control Board.Print Township Name: Signature of Township Officer: Title: The information provided in this application is complete and accurate to the best of my knowledge.I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Date:5/21/2025ChiefExecutiveOfficer‘s Signature: Print Name:Brian Stender Mail application with: a copy of your proof of nonpro?t status;and application fee (non-refundable).If the application is postmarked or received 30 days or more before the event, the application fee is $100;otherwise the fee is $150. Make check payable to State of Minnesota. Complete a separate application for:.all gambling conducted on two or more consecutive days;or.all gambling conducted on one day. Only one application is required if one or more raffle drawings are conducted on the same day. Financial report to be completed within 30 days after the gambling activity is done: A financial report form will be mailed with your permit.Complete and return the financial report form to the Gambling Control Board. To:Minnesota Gambling Control Board 1711 West County Road B,Suite 300 South Roseville,MN 55113 Questions? Call the Licensing Section of the Gambling Control Board at 651-539-1900. Your organization must keep all exempt records and reports for 3-1/2 years (Minn.Statutes,section 349.166,subd.2(f)). Data privacy notice:The information requested application.Your organization’s name and ment of Public Safety;Attorney General; on this form (and any attachments)will be used address will be public information when received Commissioners of Administration,Minnesota by the Gambling Control Board (Board)to by the Board.All other information provided will Management &Budget,and Revenue;Legislative determine your organization's quali?cations to be private data about your organization until the Auditor,national and international gambling be involved in lawful gambling activities in Board issues the permit.When the Board issues regulatory agencies;anyone pursuant to court Minnesota.Your organization has the right to the permit,all information provided will become order;other individuals and agencies specifically refuse to supply the information;however,if public.If the Board does not issue a permit,all authorized by state or federal law to have access your organization refuses to supply this information provided remains private,with the to the information;individuals and agencies for information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's quali?cations and,address which will remain public.Private data sharing of information after this notice was as a consequence,may refuse to issue a permit.about your organization are available to Board given;and anyone with your written consent. If your organization supplies the information members,Board staff whose work requires requested,the Board will be able to process the access to the information;Minnesota‘s Depart— This form will be made available in alternative format (i.e.large print,braille)upon request. An equal opportunity Employer Page 8 of 233 Application for Gambling Event Permit (Form GE2009) APPLICANT INFORMATION NICOIeA Halvorson Title"Youth Fundraising Coordinatorm——————_— 20322 Erickson Path,Farmington,MN 55024 (Street)(City,State,ZIP) Applicant Name: Applicant Address: Applicant Home Phone: BUSINESS INFORMATION Business Name,Orgsnizs?snsFarmmgtonYouthFootball Assocuatlon AddresszpoBox 293,FarmingtOn,MN 55024 (Street)(City,State,ZIP) Business Phone:FAX:Email: PROPOSED GAMBLING EVENT LOCATION INFORMATION Address:Schmitz-Maki Arena,East Lot Telephone Number:FAX: Property Owner: PropsnyOwnsr Address:114 Spruce Street,Farmington,MN 55024 (Street)(City,State,ZIP) Property Owner Telephone Number: Description of gambling activities to be conducted on premises by organization;including days &hours: Raffle drawing on Monday 8/17/26 at 6:30 pm. PROVIDE ALL RELEVANT INFORMATION SUPPORITNG THE BASIS FOR EXCLUSION OR EXEMPTION FROM LICENSE REQUIREMENT UNDER ONE OF THE FOLLOWING APPLICABLE SECTIONS: Page 9 of 233 Minnesota Statute §349.166,subd.1 (a): Name of fair or civic celebration: Number of consecutive days of bingo operation: Number of bingo occasions conducted by organization during the current calendar year: Minnesota Statute §349.166,subd.1 (b): Value of prizes for a single bingo game:$ Value of total prizes awarded at a single bingo occasion:$ Number of bingo occasions held by the organization or at the facility each week: Participants allowed to play in a bingo game: Name and address of manager appointed to supervise the bingo and registered with the Gambling Control Board: Minnesota Statute §349.166,subd.1 (c): Value of all raffle prizes awarded by the organization during calendar year:35 Minnesota Statute §349.166,subd.2 (a): Number of lawful gambling events during the year: 5150.00 Value of prizes for lawful gambling in a calendar year:$ Exemption identification number: I hereby certify that all statements made in this application are true and complete to the best of my knowledge.I understand that any misstatements or omissions of material facts may result in the disqualification or denial of the license.I authorize the City of Farmington to investigate the information and contact persons/organizations named on this application.The undersigned agrees that the gambling event will conform to all applicable state laws,Gambling Control Board regulations,and ordinances of the City of Farmington. Name oprplicant(please print)NiCOISHalvorson Signature M!(2AgWVJ Date 6&1WW APPROVALS Department Signature Date Comments Police City Clerk Applicant will need copy of permit and signed resolution to send to the State of Minnesota. Page 10 of 233 CITY OF FARMINGTON —DATA PRACTICES ACT NOTICE Minnesota law requires that you be informed of your rights as they pertain to private information (“private data”)collected from you by the City of Farmington (“the City”).Private data is that information held by the City which is available to you,but not to the public. You have the right to refuse to provide the information requested on this application form,however,without certain information,the City may be unable to approve the license applied for.If you feel that certain information requested is an unwarranted invasion of privacy,please contact the Human Resources Director. The dissemination and the use of private data we collect is limited to that necessary for the administration and management of the City’s licensing program.Persons or agencies with whom this information may be shared include: City personnel,including law enforcement personnel,administering the license program; The Bureau of Criminal Apprehension; The City Attorney and support staff of the City Attomey’s of?ce; Federal,state,local,and contracted private auditors; Federal and State agencies with oversight or responsibility related to the licensed business; Those individuals or agencies as to whom you give your express written permission for release of the information. Unless otherwise authorized by state statute or federal law,other governmental agencies utilizing the reported private data must also treat the information as private. You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act.These rights include: o The right to see and obtain copies of data maintained about you; 0 The right to be told the contents and meaning of the data;and o The right to contest the accuracy and completeness of the data. To exercise these rights,contact the Farmington Human Resources Director at 430 Third Street, Farmington,MN 55024 (651)280-6800.I have read and I understand the above information regarding my rights as a subject of government data. Nicole Halvorson @l?l?o?g? Applicant Date Page 11 of 233 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2026-055 A RESOLUTION CONCURRING WITH THE ISSUANCE OF A MINNESOTA LAWFUL GAMBLING EXEMPT PERMIT FOR FARMINGTON YOUTH FOOTBALL ASSOCIATION TO CONDUCT OFF-SITE GAMBLING, RAFFLE, AUGUST 17, 2026 AT SCHMITZ-MAKI ARENA, 114 SPURCE STREET, FARMINGTON WHEREAS, the Farmington Youth Football Association has made application for a Lawful Gambling Exempt Permit to the Gambling Control Board to conduct off-site gambling in the form of a raffle on August 17, 2026 at Schmitz-Maki Arena, 114 Spruce Street, Farmington; and WHEREAS, the City of Farmington has no objections to the said activity. NOW, THEREFORE, BE IT RESOLVED that the Farmington Mayor and City Council hereby concur with the issuance of a Lawful Gambling Exempt Permit by the Gambling Control Board to the Farmington Youth Football Association for a raffle August 17, 2026 at Schmitz-Maki Arena, 114 Spruce Street, Farmington. Adopted by the City Council of the City of Farmington, Minnesota, this 15 th day of June 2026. ATTEST: _____________________________ ____________________________ Nicholas Lien, Mayor Melissa Geis, City Clerk Page 12 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Melissa Geis, City Clerk Department: Administration Subject: Election Judge Appointments for the 2026 Election Cycle Meeting: Regular Council - Jun 15 2026 INTRODUCTION: For Council approval is a resolution appointing Election Judges for the August 11, 2026 State Primary and the November 3, 2026 General Election. DISCUSSION: Pursuant to Minnesota Statutes 204B.21, Election Judges for precincts in a municipality shall be appointed by the governing body of the municipality. The persons named in the attached resolution will receive training and certification to serve as Election Judge, Health Care Facility Absentee Judge, Head Judge, and Election Assistant for the 2026 elections to be held in the city of Farmington which include: State Primary: August 11, 2026 General Election: November 3, 2026 BUDGET IMPACT: Costs are included in the City's 2026 Elections budget. ACTION REQUESTED: Adopt Resolution 2026-039 Appointing Election Judges for the August 11, 2026 State Primary and the November 3, 2026 General Election. ATTACHMENTS: 2026-039 Appointing Additional Election Judges for the 2026 Election Cycle Page 13 of 233 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2026-039 A RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE AUGUST 11, 2026 STATE PRIMARY AND THE NOVEMBER 3, 2026 GENERAL ELECTION WHEREAS, pursuant to Minnesota Statutes 204B.21, subdivision 2, the City Council must appoint Election Judges to serve in upcoming elections at least 25 days prior to the election, with the exception of appointing additional Election Judges within the 25 days before the election if it is determined that additional Election Judges will be required; and WHEREAS, elections to be held in the City of Farmington, County of Dakota, State of Minnesota, include the State Primary scheduled for August 11, 2026 and the General Election scheduled for November 3, 2026. IT BE THEREFORE, NOW, RESOLVED, Council City the that Farmington appoints the persons listed below to varied positions, such as Head Judge, Election Judge, Health Care Facility Absentee Judge, and Election Assistant to serve at any and all elections in the capacity given by the City Clerk and conducted by the City of Farmington, subject to change as needed in order to maintain major political party balance, pursuant to Minnesota Statutes 204B.19, subdivision 5. BE IT FURTHER RESOLVED that the City Clerk is authorized to assign Election Judges to the precincts, in accordance with statutory requirements, and to make substitutions or additions as deemed necessary in order to fill vacancies. Anita Burris Alissa Cobb Daniel Buysse Damian De La Torre Rebecca Goodsell Darlene Grabowski Anthony Jensen Kim Lomis Jason Nolte Mark Rendahl Robin Rummel Amy Suchon Page 14 of 233 Resolution 2026-039 Page 2 of 2 Adopted by the City Council of the City of Farmington, Minnesota, this 15th day of June 2026. ATTEST: ____________________________ ______________________________ Nicholas Lien, Mayor Melissa Geis, City Clerk Page 15 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Melissa Geis, City Clerk Department: Administration Subject: Minutes of the June 1, 2026 City Council Work Session Meeting: Regular Council - Jun 15 2026 INTRODUCTION: For approval are the minutes of the June 1, 2026 City Council Work Session. ACTION REQUESTED: Approve the minutes of the June 1, 2026 City Council Work Session. ATTACHMENTS: 06.01.26 Work Session Minutes Page 16 of 233 Page 1 of 2 Work Session Minutes of June 1, 2026 City of Farmington City Council Work Session Minutes Monday, June 1, 2026 The City Council met in a work session on Monday, June 1, 2026, at Farmington City Hall, 430 Third Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Lien called the meeting to order at 5:30 pm. Members Present: Mayor Nick Lien Councilmembers Holly Bernatz, Steve Wilson and Phil Windschitl Members Absent: Councilmember Cordes Staff Present: Lynn Gorski, City Administrator Kim Sommerland, Finance Director Kellee Omlid, Parks & Recreation Director John Powell, Public Works Director/City Engineer Melissa Geis, City Clerk 2. APPROVE AGENDA Motion was made by Councilmember Bernatz and seconded by Councilmember Wilson to approve the agenda, as presented. Motion carried: 4 ayes / 0 nays 3. DISCUSSION ITEMS 3.1 CSAH 31 and CSAH 74 Corridor Study and Preliminary Engineering Update Public Works Director Powell provided an update for the City Council on CSAH Preliminary and Study Corridor 74 and 31 CSAH the design, 2028 Engineering. He presented preliminary estimating Construction. Separate meetings with ISD 192 have been held with their representatives. Discussion ensued. 4. COUNCIL COMMITTEE UPDATE Page 17 of 233 Page 2 of 2 Work Session Minutes of June 1, 2026 5. CITY ADMINISTRATOR UPDATE Administrator Gorski discussed the upcoming budget timelines.  August 3rd – First Work Session  September 7th – Present Preliminary Budget  September 21st – Council Adopt Budget She then shared the upcoming hearing on June 12 th via zoom. Castle Rock Township Farmington, LLC, Two, Farmington MNLCO, LLC, City of vs Independent School District 192 6. ADJOURNMENT Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to adjourn the meeting at 6:13 pm. Motion carried: 4 ayes / 0 nays Respectfully submitted, Melissa Geis City Clerk Page 18 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Melissa Geis, City Clerk Department: Administration Subject: Minutes of the June 1, 2026 Regular City Council Meeting Meeting: Regular Council - Jun 15 2026 INTRODUCTION: For approval are the minutes of the June 1, 2026 Regular City Council Meeting. ACTION REQUESTED: Approve the minutes of the June 1, 2026 Regular City Council Meeting. ATTACHMENTS: 06.01.26 Council Minutes Page 19 of 233 Regular City Council Meeting Minutes of June 1, 2026 Page 1 of 4 City of Farmington Regular Council Meeting Minutes Monday, June 1, 2026 The City Council met in regular session on Monday June 1, 2026, at Farmington City Hall, 430 Third Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Lien called the meeting to order at 7 pm. 2. PLEDGE OF ALLEGIANCE Mayor Lien led everyone in the Pledge of Allegiance. 3. ROLL CALL Members Present: Mayor Lien Councilmembers Holly Bernatz, Steve Wilson, and Phil Windschitl Members Absent: Councilmember Jake Cordes Staff Present: Lynn Gorski, City Administrator Amy Schmidt, City Attorney Kim Sommerland, Finance Director Matt Price, Fire Chief Kellee Omlid, Parks & Recreation Director John Powell, Public Works Director Robert Sauter, Police Captain Melissa Geis, City Clerk 4. APPROVE AGENDA Motion was made by Councilmember Bernatz and seconded by Councilmember Windschitl to approve the agenda as presented. Motion carried: 4 ayes / 0 nays 5. ANNOUNCEMENTS / COMMENDATIONS 6. CONSENT AGENDA 6.1 Bylaws of the Farmington Firefighters Relief Association Resolution 2026-048 6.2 Minutes of the May 18, 2026 Council Work Session Closed Session 6.3 Minutes of the May 18, 2026 Regular City Council Meeting 6.4 Payment of Claims Page 20 of 233 Regular City Council Meeting Minutes of June 1, 2026 Page 2 of 4 6.5 Resolution 2026-053 Establishing Compliance with Reimbursement Bond Regulations 6.6 Staff Approvals and Recommendations 6.7 Agreements with AV for You Outdoor Movie Services 6.8 Donation from Happy Harry’s Furniture to the Rambling River Center 6.9 Donation from Marlene Swantek to the Rambling River Center 6.10 Donation from Minnesota Society Sons of the American Revolution, American Legion Post 189, and Farmington VFW Post 7662 to the City of Farmington 6.11 Donations to the Tater Trot 6.12 Receive Quotes and Award a Contract for the 2026 Shade Tree Bond Gran Planting Phase 3 Motion was made by Councilmember Bernatz and seconded by Councilmember Windschitl to approve the Consent Agenda, as presented. Motion carried: 4 ayes / 0 nays 7. PUBLIC HEARINGS 8. AWARD OF CONTRACT 9. PETITIONS, REQUESTS AND COMMUNICATIONS 10. UNFINISHED BUSINESS 11. NEW BUSINESS 11.1 Resolution Authorizing the Submittal of the Staffing for Adequate Fire and Emergency (SAFER) Grant Program Application Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to Adopt Resolution 2026-054 Authorizing to Act as Legal Sponsor and Authorization for Adequate Dire and Emergency Response Grant Program Application – for hiring 6 full-time fire department staffing and approve the matching fund of 25% for ears 1 and 2, and for year 3 at 65% Motion carried: 4 ayes / 0 nays 12. CITIZENS COMMENTS / RESPONSES TO COMMENTS The following citizen(s) addressed the Council: Page 21 of 233 Regular City Council Meeting Minutes of June 1, 2026 Page 3 of 4  David Pritzlaff, Farmington  Nancy Aarestad, Castle Rock Township  Caroline Kiefer, Castle Rock Township  Terrie Pearson, Castle Rock Township  Jenny Groden, Farmington Councilmember Bernatz requested an opportunity to share some thoughts prior to the roundtable. Mayor Lien agreed. Councilmember Bernatz spoke about the purpose of the AUAR and that the current project does not have a finalized end user, so they are unable to move onto the EIS. She then spoke about the use of Data Centers and how we use the digital infrastructure daily and that the need won’t be going away for these types of projects, all while understanding the concerns about visual impact. She reiterated they are not bypassing environmental review; they are following the process under Minnesota Law. Councilmember Wilson addressed the Mayor and Council commented that Councilmember Bernatz’s statement was out of order, her comment should have happened in the City Council Roundtable, not outside of the agenda. Councilmember Bernatz understood his concerns and acknowledged the reason for her choosing to make that statement was due to how hard it is to discuss these items after Citizen Comments. Councilmember Wilson suggested having a community dialogue and agreed the transition from Citizen Comments to the Roundtable is uncomfortable. He did say her comments were accurate but wants to make sure we adhere to agenda. 13. CITY COUNCIL ROUNDTABLE City Attorney Amy Schmidt stated that regarding the petition it is up to the Councilmembers on how they respond to the petition. There is no legal requirement to respond. Councilmember Wilson acknowledged the approval of the benefit increase to the Fire Relief. He then thanked the various Veteran organizations in the community and for their contributions to our community and for their participation in last week’s celebrations. City Administrator Gorski congratulated Councilmember Jake Cordes and his wife Bridgit on the birth of their daughter. Page 22 of 233 Regular City Council Meeting Minutes of June 1, 2026 Page 4 of 4 Director Powell spoke about the reconstruction starting this summer on Willow Street between 5th and 8th Street. Director Omlid thanked various individuals and businesses for their generous donations to the Rambling River Center and the Parks & Recreation Department. She shared that the Helmet Heroes event is this Saturday, June 6 th from 9:00-11:00 am at Farmington Lutheran Church. Chief Price thanked council for approving the Fire Relief benefit increase. Mayor Lien thanked everyone who made financial donations and all the people who assisted with Monday’s ceremony and recommended everyone go see the new bench at the Farmington Area Veterans Memorial. He then congratulated the Class of 2026 on their upcoming graduation. Mayor Lien stated he is available for dialogue during his office hours, not during the meeting. 14. ADJOURNMENT Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to adjourn the meeting at 7:47 pm. Motion carried: 4 ayes / 0 nays Respectfully submitted, Melissa Geis City Clerk Page 23 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Payment of Claims Meeting: Regular Council - Jun 15 2026 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 05/27/2026 to 06/09/2026 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: 061526 COUNCIL SUMMARY Page 24 of 233 CLAIMS FOR APPROVAL 05/27/2026-06/09/2026 CHECK PAYMENTS 532,800.65$ ELECTRONIC PAYMENTS 417,372.51$ TOTAL 950,173.16$ 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 June 15, 2026 Page 25 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Matt Price, Fire Chief Department: Fire Subject: Approve the Shared Fit Test Machine Joint Powers Agreement Meeting: Regular Council - Jun 15 2026 INTRODUCTION: The Farmington Fire Department participates in a Shared Fit Test Machine to help keep costs our authorizes (JPA) agreement powers joint An City. the for down existing participation. That existing JPA has not been updated as of March 8th, 2012. The City of Eagan has decided to leave the JPA and purchase a fit test machine on their own. The updated JPA is attached for your review. DISCUSSION: The existing JPA needed to be updated due to the City of Eagan leaving the JPA and with the participating units of government needing to periodically have an opportunity to revise or modify the agreement as needed. The proposed agreement has been reviewed by the Fire Chief and the City Attorney and has been recommended for approval. BUDGET IMPACT: No impact to the budget due to acquisition, joint ownership, cost sharing, maintenance, and service of the fit test machine is always included in the current operating budget. ACTION REQUESTED: Approve the Shared Fit Test Machine Joint Powers Agreement ATTACHMENTS: 2026.05.08 Fit Test JPA Page 26 of 233 1 JOINT POWERS AGREEMENT FOR SHARED FIT TEST MACHINE This Joint Powers Agreement for Shared Fit Test Machine (this "Agreement") is effective upon complete execution of this Agreement (the “Effective Date”), by and between the City of Apple Valley, a Minnesota municipal corporation ("Apple Valley"), the City of Farmington, a Minnesota municipal corporation ("Farmington"), and the City of Rosemount, a Minnesota municipal corporation ("Rosemount"). Apple Valley, Farmington, and Rosemount are referred to collectively as the "Cities" and individually as a "City." RECITALS WHEREAS, the Cities, together with the City of Eagan, previously executed agreements relating to the acquisition, ownership, cost sharing, maintenance, and shared use of respiratory fit testing equipment, including an Agreement dated July 7, 1998, an Amendment dated June 21, 1999, and a Second Amendment dated March 8, 2012 (collectively, the "Prior Agreements"). WHEREAS, the Cities desire to replace the fit testing equipment addressed in the Prior Agreements, now to be governed by this Agreement which the City of Eagan is not a party, with a new fit test machine (the “Fit Test Machine”) to be used by the Cities for respiratory fit testing and related fire department purposes. WHEREAS, Apple Valley has obtained a quote for the Fit Test Machine and, unless otherwise agreed in writing by the Cities, will purchase the Fit Test Machine on behalf of the Cities on or before December 31, 2026. The reference to any quote is intended to identify anticipated cost and purchasing documentation only and does not limit the Fit Test Machine to a specific manufacturer, model, or brand; and WHEREAS, it is in the best interest of the Cities to agree concerning the ownership, use and cost of the Fit Test Machine. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and pursuant to the authority granted to Minnesota cities to enter into joint powers agreements, the Cities agree as follows: 1. PURPOSE. The purpose of this Agreement is to provide for the acquisition, joint ownership, cost sharing, maintenance, service, rotation, and use of one Fit Test Machine by the Cities. 2. OWNERSHIP OF THE FIT TEST MACHINE. The Fit Test Machine shall be owned jointly by the Cities so long as each City remains a party to this Agreement, unless otherwise agreed by the Cities, or unless this Agreement is otherwise terminated by the Cities. 3. USE OF FIT TEST MACHINE. Apple Valley shall purchase the Fit Test Machine on behalf of the Cities on or before December 31, 2026. The device is used for testing the quantitative respirator fit for half-masks, N95 masks, gas masks, and full-facepieces for self-contained breathing apparatus (“SCBAs”). Each City shall be entitled to four consecutive months of use and possession every calendar year. The Cities shall agree to each City’s designated four-month period prior to January 1. In the event an agreement is not reached by January 1, the Fit Test Machine shall be returned to Apple Page 27 of 233 2 Valley, and Apple Valley shall decide each City’s designated four-month period. During each four-month period, one City shall maintain possession of the Fit Test Machine and keep it in good operating condition. If a non-possessing City seeks to use the Fit Test Machine, it may schedule reasonable use of the Fit Test Machine by contacting the possessing City through its fire chief. 4. FINANCIAL RESPONSIBILITY. The Cities shall make equal contributions for the purchase of the Fit Test Machine based on the total purchase price of the machine. Unless otherwise agreed by the Cities or unless Apple Valley withdraws from this Agreement, Apple Valley will maintain the Fit Test Machine and invoice all Cities in equal shares for the cost thereof. The Cities shall promptly remit the amount due to Apple Valley. 5. MAINTENANCE. Apple Valley shall coordinate routine maintenance, service, calibration, and repairs for the Fit Test Machine. Unless otherwise agreed in writing, the Cities shall share equally the costs of routine maintenance, service, calibration, repairs, necessary software updates, replacement parts, and other costs reasonably necessary to keep the Fit Test Machine in good operating condition. Apple Valley shall invoice Farmington and Rosemount for their respective shares of such costs, and each invoiced City shall remit payment within thirty (30) days after receipt of the invoice. Notwithstanding the foregoing, if damage or loss is caused by the negligence, misuse, improper transport, or failure to follow operating instructions by a City or its employees, agents, volunteers, or contractors, the responsible City shall be responsible for the resulting repair, replacement, or related costs to the extent permitted by law. 6. INSURANCE AND INDEMNIFICATION. Each of the Cities shall maintain in full force and effect appropriate insurance coverage on its use of the Fit Test Machine. Each of the Cities shall indemnify, defend and hold harmless the other Cities against any and all claims, demands, losses, expenses, costs, interest, penalties, including but not limited to, reasonable attorney’s fees that such other Cities may incur or suffer, which arise or relate to that City’s use, operation, or maintenance of the Fit Test Machine, provided, however, nothing herein shall be deemed a waiver by any of the Cities of the limitations on liability set forth in Minnesota Statutes, Chapter 466. The Cities agree that each City is independently responsible to determine the adequacy and appropriateness of the operation of the Fit Test Machine. The Cities are cooperating in the acquisition and sharing of the Fit Test Machine. Other than the responsibilities described in this Agreement, the Cities have no duty, obligation nor liability toward each other as a result of entering into this Agreement. Each City shall independently conduct its own use of the Fit Test Machine. Neither execution of this Agreement nor the cooperative purchase or use of the Fit Test Machine shall constitute creation of an entity among the Cities. 7. DURATION. The duration of this Agreement shall be perpetual, provided that any City may remove itself or may terminate this Agreement upon 90 days written notice to the other Cities. No City shall be released from its obligations under Paragraph 6 above nor shall any withdrawing City be entitled to any reimbursement of funds paid under Paragraph 4 above. Page 28 of 233 3 In the event all the remaining Cities at any time agree to terminate this Agreement, unless otherwise agreed upon by such Cities, the Fit Test Machine shall be sold, and, after paying all expenses incurred through the date of such sale, the proceeds shall be divided equally among the remaining Cities, whereupon this Agreement shall be terminated and of no further force and effect; provided, however, that the obligation of Paragraph 6 above shall survive termination of this Agreement. 8. EFFECTIVE DATE. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. The signed Agreements along with a certified resolution authorizing the Agreement, shall be filed with the City of Apple Valley, which shall notify all Cities in writing of the Effective Date of this Agreement. 9. ENTIRE AGREEMENT As of the Effective Date, this Agreement supersedes and replaces the Prior Agreements as between the Cities. The City of Eagan is not a party to this Agreement and shall have no right to possession, use, reimbursement, proceeds, or other benefits under this Agreement. The Cities intend that their respective rights and obligations regarding the Fit Test Machine be governed solely by this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the dates written below. CITY OF APPLE VALLEY, a Minnesota municipal corporation By: Name: Clint Hooppaw Its: Mayor Date: _____________________________________ By: Name: Christina M. Scipioni Its: City Clerk Date: _____________________________________ Page 29 of 233 4 CITY OF FARMINGTON, a Minnesota municipal corporation By: Name: Nick Lien Its: Mayor Date: _____________________________________ By: Name: Melissa Geis Its: City Clerk Date: _____________________________________ CITY OF ROSEMOUNT, a Minnesota municipal corporation By: Name: Jeff Weisensel Its: Mayor Date: _____________________________________ By: Name: Erin Fasbender Its: City Clerk Date: _____________________________________ Page 30 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Samantha Hazelrigg, Human Resources Manager Department: HR Subject: Staff Approvals and Recommendations Meeting: Regular Council - Jun 15 2026 INTRODUCTION: Staff recommends the following appointments:  Jeremiah Baumann - Communications & Public Affairs Manager  Torey Christensen - Full-time Liquor Store Clerk  Nadia Young - Seasonal Skate Instructor  Mae Penney - Seasonal Skate Instructor  Drew Wolke - Paid-on-Call Firefighter  Elyse Shand - Paid-on-Call Firefighter  Lillian Wittek - Paid-on-Call Firefighter DISCUSSION: Council for appointments employee following pleased recommend to is Staff the approval. We are welcoming: Jeremiah Baumann as Communications & Public Affairs Manager; Torey Christensen as Full-time Liquor Store Clerk; Nadia Young and Mae Penney as Seasonal Skate Instructors; Drew Wolke, Elyse Shand, and Lillian Wittek as Paid-on-Call Firefighters. BUDGET IMPACT: Included in 2026 budget. ACTION REQUESTED: Approve the appointments of Jeremiah Baumann, Torey Christensen, Nadia Young, Mae Penney, Drew Wolke, Elyse Shand, and Lillian Wittek. Page 31 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Agreement with DSM Excavating for Soil Correction for Skatepark Meeting: Regular Council - Jun 15 2026 INTRODUCTION: Professional a approved meeting, 2025 Services November its at Council, City 3, Agreement with WSB to complete a geotechnical investigation for the site of the new skatepark. The investigation included three (3) soil borings to depths of approximately 10 feet. Based on an evaluation of the conditions encountered in the borings, WSB’s Geotechnical Report dated December 18, 2025 recommended removal and replacement of unsuitable soils through a soil correction process to ensure proper site preparation for the skatepark construction. DISCUSSION: Staff solicited quotes from qualified contractors for the soil correction work. Three quotes were received as follows: Contractor Quote Amount DSM Excavating $80,068 Krueger Excavating Inc. $93,844.08 Friedges Contracting, LLC $102,050 Staff recommends awarding the contract to DSM Excavating to complete the required soil correction work. The soil correction will be completed prior to June 29 when Spohn Ranch is anticipated to begin construction of the skatepark. Attached is the Agreement with DSM Excavating which includes the proposal to complete the soil correction. BUDGET IMPACT: The cost for DSM Excavating’s soil correction is $80,068. The originally adopted budget did not include this project; however, based on the recommendations provided in the Page 32 of 233 Geotechnical Report, these services are required to ensure proper construction of the skatepark. A budget amendment is required to cover this expense, which will be funded from the available fund balance within the Park Improvement Fund. ACTION REQUESTED: Approve the attached Agreement with DSM Excavating for soil correction for the skatepark project and amend the budget accordingly. ATTACHMENTS: Agreement City of Farmington and DSM Skate Park Page 33 of 233 AGREEMENT AGREEMENT made this 6th day of June ,, 2026 between the CITY OFF ARMINGTON, a Minnesota municipal corporation ("City"), and DSM EXCAVATING, a Minnesota limited liability corporation ("Contractor"). IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1.CONTRACT DOCUMENTS. The following documents shall be refen-ed to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A.This Agreement B.Contractor Proposal submitted on May 27, 2026, attached as Exhibit "A." In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document 11B 11 having the last priority. 2.OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perfom1 the work in accordance with the Contract Documents and in compliance with federal, state, and local laws. 3.OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance with the bid and inclusive of sales tax. 4.SOFTWARE LICENSE. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 5.ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such tenns and conditions as both parties may agree to and set fo1th in writing. 6.TIME OF PERFORMANCE. The Contractor shall complete its obligations for the project on or before June 28, 2026. Page 34 of 233 7. PAYMENT. a. When the obligations of the Contractor have been fulfilled, inspected, and accepted, the City shall pay the Contractor an amount not to exceed $80,068. Such payment shall be made not later than thirty (30) days after completion, certification thereof, and invoicing by the Contractor. b. Before a final invoice is submitted by Contractor Contractor must show satisfactory compliance with Minnesota Statutes § 290.92, which requires the withholding of state income taxes for wages paid to employees on the Project. Submittal of a Certificate of Compliance from the Minnesota Commissioner of Revenue will sati sfy this requirement. 8. CONTRACTOR'S REPRESENTATIONS. a. Contractor has examined and carefully studied the Contract Documents and other related data identified in the contract documents. b. Contractor has visited the site and become familiar w ith and is satisfied to the general , local, and Site conditions that may affect cost, progress, and performance of the work. c. Contractor is familiar with and is satisfied as to all federal , state, and local laws and regulations that may affect cost, progress, and perfonnance of the work. d. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, in vestigations, explorations, tests, studies, and data co ncerning conditions at or contiguous to the site which may affect cost, progress , or performance of the work or which relate to any aspect of the means , methods, techniques , sequences, and procedures of construction to be employed by Contractor, including any specific means , methods, technique s, sequences, and procedures of construction expressly required by the Bidding Documents , and safety precautions and programs incident thereto. e. Contractor does not consider that any further examinations, in vestigations, explorations, tests, studies, or data are necessary for the perfonnance of the work at the Contract price , within the time of performance, and in accordance with the other terms and conditions of the Contract Documents. f. Contractor has con-elated the information known to Contractor, information and observations obtained from v isits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations , investigations, explorations, tests, studies, and data with the Contract Documents. g. The Contract Documents are generally s ufficient to indi cate and convey understanding of all terms and conditions for performance and furnishing of the work. 9. EXTRA SERVICES. No claim will be honored for compensation for extra serv ices or beyond the scope of th.i s Agreement or the not-to-exceed price for the services identified in the 2 Page 35 of 233 proposal without wiitten submittal by the Contractor, and approval of an amendment by the City, with specific estimates of type, time, and maximum costs , prior to commencement of the work . 10. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to M innesota Statute 471.425 , Subdivis ion 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services prov ided by the subcontractor. The Contractor must pay interest of one and one-half percent ( I ½ % ) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the s ubcon tractor. A subcontractor who prevails in a civ il action to collect interest penalties from the Contractor shall be awarded its costs and disbursements , including attorney's fees, incurred in bringing th e action. 11. CNSURANCE REQUIREMENTS. The Contractor, at is expense, s hall procure and maintain in force for the duration of thi s Agreement the following minimum insurance coverages: a . General Liability. The Contractor agrees to maintain Commercial General Liability ins urance in a minimum amount of$ 1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premi ses , operations, produc ts-completed operations, p er sonal injury, adve rti sing injury, and contractually assumed liability. The City, including its elect e d and appointed officials , emp loyees, and agents, s ha ll be endorsed as additional ins ured . b. Automobile Liability. If the Contractor operates a motor vehicle in p erforming the Services under this Agreement, the Contractor sha ll maintain commercial automobile liability insurance, including owned, hired, and non -owned automobi les, with a minimum liability limit of$ 1,000,000 , combined single limi t. c. Workers' Compensation. The Contractor agrees to pro vide Workers ' Co mpen sation insurance for all its employees in accordance with the statutory requirements o f the State of Minnesota. The Contractor s hall also carry Employers' Liability Coverage with minimum limits are as follows : • $500,000 -Bodily Inju ry by Disease per employee • $5 00 ,000 -Bodily Inju ry by Di sea se aggregate • $500 ,000 -Bodily Inju ry by Accident The Contractor shall , prior to commencing the Services , deli ver to the City a Certificate of Insurance as evidence that the above coverages are in full force a nd effect. The insurance requirements may b e m e t through any combination of primary a nd umbrella/excess insurance. The City must be named as an additional insured on an y umbre ll a/excess poli cy. The Contractor's policies s hall be primary in s urance and non-contribut ory to a ny other va lid and collectible insurance available to the C ity w ith respect to any claim arising out of the C ontract or's perfonnance under this Agre ement. 3 Page 36 of 233 The Contractor's policies and Certificate oflnsurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (3 0) days' advanced written notice to the City, or ten (10) days ' written notice for nonpayment of premium. 12. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor 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 Contractor pursuant to this Agreement. Contractor 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 Contractor recei ves a request to release data, Contractor must immediately notify City. City will give Contractor instrnctions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers ', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The tenns of this paragraph shall survive the cancellation or termination of this Agreement. 13. RECORDS. Contractor shaJI maintain complete and accurate records of expenses involved in the performance of services. 14. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and tran sferred to th e City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship , materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the s ame in accordance with the bid specifications. The Contractor further warrants to the City that all goods and services furnished under the Contract will be in confonnance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. This warranty is in addition to any manufacturer's standard warranty, and any warranty provided by law. 15. NONDISCRIMINATION. All Contractors and subcontractors employed shall comply with all applicable provis ions of all federal , state and municipal law s which prohibit discrimination in employment to members of a protected class and all rules and regul ations, promulgated and adopted pursuant thereto. The Contractor will in c lude a similar provision in all subcontracts entered into for the perfonnance of this contract. 16. INDEMNITY. The Contractor agrees to defend, hold harmless, and indemnify the City, its officers, agents , and employees, for and against any and all claims, demands, actions , or causes of action, of whatever nature or character, arising from the Consultant's performan ce of work or services provided for herein. The Contractor shall take all reasonable precautions for the safety of all its e mployees on the site and shall prov ide reasonable protection to prevent damage or loss to the property on the site or properties adjacent thereto and to work, material s and equipment under the Contractor's control. 4 Page 37 of 233 17. WAIVER. In the particular event that either p arty s h al I at an y time or times waive any breach of this Contract by the other, such waiver sha ll not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition, or obligation. 18 . GOVERNING LAW. The laws of the State of Minnesota govern the interpretat ion of thi s Contract. 19. SEVERABILlTY. If any provi sio n, term, or condition of this Contract is found to be or become unenforceab le or in vali d, it shall not effect the remaining provisions, term s, and conditions of thi s Contract, unless such invalid or unenforceable provision, term, or condition renders this Contract impossib le to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and s hall continue to operate as the parties' e ntire contract. 20. ENTIRE AGREEMENT . Thi s Contract represen ts the entire agreement of the parties and is a final, compl ete, and all -inclusive statement of the terms thereof, and sup ersede s and terminates a ny prior agreement(s), understandings, or written or verba l representations made between the parties with respect thereto. 21. TERMINATION. This Agreement may be terminated by the City fo r any reason or for convenience upon written not ice to the Contrac tor. In the event of tennination, th e City shall be obligated to the Contractor for payment of amounts due and owing for materials pro vided or for services performed or furni s hed to the date a nd time of termination. Dated: ______ , 2026 CITY OF FARMINGTON B y :---------------N icholas Lien , Mayor By: ___________ _ Melissa Gei s, C ity C lerk Dated: (; -3 , 2026 CONTRACTOR: DSM EXCAVATING By:_~.:..___-~----- . Its: --=V _&(..,(-=· ._____.__e.!......:~c.=Jo<=-=-~---- 5 Page 38 of 233 lJ)SN!l Exhi bit A EXCAVA'rING 2916 Enterprise Avenue• Hastings, MN 55033 Phone: 651-480-1355 • Fax: 651-480-1385 27 May 2026 R 2 Quote for Sitework Skate Park Farmington, MN Sitework Solberg Class 5 Recycle 12716 SF 6.19 SF $ 80 .068.00 Mobilization 8 H our Topsoil 156 CY Site Cut 1648 CY Site Fi l l IMPORT Rec ycle C5 3297 Ton Ex port Excess Site Cut 1 104 CY Price increase due to fuel prices. Exclusions: Bond, Staking/Layout/Survey ing, Permits, Winter Condi t ions, Street R estoration, As-Builts, concrete flatwork , curb-gutter, Dewatering, Unforeseen Conditi ons, Traffic Control. Quote valid for 30 days Es timator: Jeff Tilden 612-723-2435 jeff(al,dsmexcavating.com Page 39 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Active Transportation Grant Applications for Trail Projects Meeting: Regular Council - Jun 15 2026 INTRODUCTION: The Metropolitan Council (Met Council) announced the 2026 Regional Solicitation, a competitive grant process to award transportation funding to projects that meet regional transportation needs. It includes three programs: •Regional Solicitation for federal transportation funding •Active Transportation Solicitation •Highway Safety Improvement Program Solicitation The Active Transportation Solicitation provides regional funding for bicycle and pedestrian projects. This is funded with a portion of the Regional Transportation Sales and Use Tax allocated to the Transportation Advisory Board (TAB) and is expected to generate more than $21 million annually. For the 2026 funding cycle, local bicycle facility projects are eligible for grants ranging from $150,000 to $3,500,000. There is no local match requirement. The City of Farmington (City) currently has Active Transportation funding secured for the final segment of the North Creek Greenway extending from Riverview Elementary School to Mystic Meadows. Staff regularly looks for and is notified of funding opportunities that support projects identified + Bike the plans, master documents including planning approved in park Pedestrian Plan, and the Park, Trail, and Open Space Plan. DISCUSSION: The City and Dakota County (County) are collaborating on three Active Transportation applications for projects within the City. The City will serve as the applicant for two projects including the North Creek Greenway and Pilot Knob Road (CSAH 31) trail gap. The County will serve as the applicant for the Denmark Avenue (CSAH 31) trail project, which extends from CSAH 74 to CSAH 50. During the Rambling River Park Master Plan process, public and stakeholder engagement Page 40 of 233 indicated strong support for trails and more facilities to support popular events. Trail improvements were ranked as the highest priority. Feedback also highlighted interest in trail loops, improved trail conditions, wayfinding, enhanced trail maintenance, landscaping, and seating along trails. The City’s application for the North Creek Greenway includes the replacement of existing Rambling currently is County trails. greenway The 10-feet with trails Park River wide contracting with KLG Engineering to complete design engineering for several greenway segments throughout the County. This work includes final design for the trails located within Rambling River Park, which is anticipated to be completed in 2026. In 2024, Bolton and Menk developed 30% design plans for a new multi-use trail along Pilot Knob Road (CSAH 31) from CSAH 50 to CSAH 64 and a trail underpass to provide a safe crossing opportunity. In addition, design included addressing a trail gap along Pilot Knob Road on the west side between 200th Street and 197th Street. The need for this project was identified by the Parks and Recreation Commission, which observed the challenges and safety concerns associated with crossing Pilot Knob Road near 206th Street and 203rd Street. Commission members witnessed pedestrians, including children, attempting to cross the roadway to access the existing trail network. With vehicle speeds reaching 55 mph in this corridor, crossing opportunities are limited and present significant safety risks. Thus, the City and County collaborated on the preliminary design of the trail improvements and underpass crossing. The City’s Active Transportation grant application for the Pilot Knob Road trail gap project includes construction of 10-feet wide trails, an underpass, and final design services. Design and engineering are eligible project elements and are included in the application as the 30% plans must be advanced to 100% final design prior to construction. The County is currently completing a corridor study and preliminary engineering for Denmark Avenue (CSAH 31) from CSAH 74 to CSAH 50. This effort includes pedestrian and bicycle a trail separated grade with and improvements locations crossing along connection across Denmark Avenue. The County is proposing trails on both sides of Denmark Avenue from 220th Street (CSAH 74) to CSAH 50. As part of the project, the existing bridge on Denmark Avenue will be replaced, and a trail underpass will be constructed in conjunction with the bridge improvements. The County will submit the Active Transportation grant application for this project, and the City will collaborate on the application and provide a letter of support. For all three proposed projects, the County will own the trails and be responsible for long- term pavement and sealing, fog crack sealing, including maintenance patching, replacement. The City will be responsible for routine maintenance activities such as snow removal and mowing. The County has retained the services of Hoisington Koegler Group, Inc (HKGi) to prepare the three Active Transportation grant applications, so there is no cost to the City for this service. Kari Kubicek, Regional Funding Manager, is collaborating with HKGi in the Page 41 of 233 development and submission of the applications. The grant application deadline is June 25, 2026. Application review, scoring, and evaluation will occur throughout the summer, with project selections anticipated during the winter of 2026–2027. This funding solicitation is intended for projects that will be completed in 2027, 2028, or 2029. BUDGET IMPACT: There is no local match requirement for the Active Transportation Solicitation funding. However, if the grant applications are awarded at less than the estimated project costs, the City and County will need to determine the allocation of resources to fully fund and complete the proposed project(s). ACTION REQUESTED: Approve allowing the City of Farmington’s name to be listed as the applicant for the North Creek Regional Greenway Trail and the Pilot Knob Road Trail Gap projects through the Met Council’s 2026 Active Transportation Solicitation. The City Council further supports the submittal of the grant applications and authorizes the Mayor to sign Letters of Support for inclusion in the application materials. In addition, authorize the City to prepare and submit a Letter of Support for inclusion in Dakota County’s application for Active Transportation Funding for Denmark Avenue (CSAH 31) from CSAH 74 to CSAH 50 trail. Page 42 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Donation from Farmington Greenhouse to the Rambling River Center Meeting: Regular Council - Jun 15 2026 INTRODUCTION: A donation was recently made to the Rambling River Center (RRC) by the Farmington Greenhouse. DISCUSSION: A donation in the amount of $141.88 was recently made by the Farmington Greenhouse to the RRC. The donation was generated through a Farmington Greenhouse fundraising program in which 20% of sales made through a dedicated RRC ordering link were donated to the RRC. Customers had the opportunity to purchase hanging baskets, flowers, grasses, and a limited selection of vegetable plants. The donation has been deposited into the RRC Capital Improvement Fund to fund future building improvements and/or purchase new equipment and furniture. Staff will communicate the City’s appreciation on behalf of the City Council to the Farmington Greenhouse for their generous donation to the RRC. ACTION REQUESTED: Adopt Resolution 2026-058 Accepting a Donation of $141.88 from the Farmington Greenhouse to the Rambling River Center. ATTACHMENTS: 2026-058 Accepting $141.88 from Farmington Greenhouse Page 43 of 233 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2026-058 A RESOLUTION ACCEPTING A DONATION OF $141.88 FROM FARMINGTON GREENHOUSE TO THE RAMBLING RIVER CENTER WHEREAS, the City of Farmington is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts, as allowed by law; and WHEREAS, the following persons and entities have offered to contribute to the City: Farmington Greenhouse has donated $141.88 to the Rambling River Center ; and WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE, BE IT RESOLVED that Mayor Lien and the Farmington City Council hereby accept with gratitude the generous donation of $141.88 from Farmington Greenhouse to the Rambling River Center. Adopted by the City Council of the City of Farmington, Minnesota, this 15th day of June 2026. ATTEST: ____________________________ ______________________________ Nicholas Lien, Mayor Melissa Geis, City Clerk Page 44 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Donation of Flowers for Downtown from the Farmington Rotary Meeting: Regular Council - Jun 15 2026 INTRODUCTION: Flowers for the downtown were donated by the Farmington Rotary. DISCUSSION: The Farmington Rotary paid for the flowers planted throughout the downtown area; these are all 14 planters including those at the Rambling River Center and Rambling River Park. The total value of the donated flowers is $1,164.28. Staff will communicate the City’s appreciation on behalf of the City Council to the Farmington Rotary for this generous donation. ACTION REQUESTED: Adopt Resolution 2026-056 Accepting the Donation of Flowers for Downtown, valued at $1,164.28, from the Farmington Rotary. ATTACHMENTS: 2026-056 Accepting Downtown Flowers from Farmington Rotary Page 45 of 233 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2026-056 A RESOLUTION ACCEPTING A DONATION OF FLOWERS FOR DOWNTOWN FROM THE FARMINGTON ROTARY WHEREAS, the City of Farmington is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts, as allowed by law; and WHEREAS, the following persons and entities have offered to contribute to the City: The Farmington Rotary has donated flowers for downtown valued at $1,164.28; and WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE, BE IT RESOLVED that Mayor Lien and the Farmington City Council hereby accept with gratitude the generous donation of flowers for downtown valued at $1,164.28 from the Farmington Rotary. Adopted by the City Council of the City of Farmington, Minnesota, this 15th day of June 2026. ATTEST: ____________________________ ______________________________ Nicholas Lien, Mayor Melissa Geis, City Clerk Page 46 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Donation from Happy Harry’s Furniture to the Rambling River Center Meeting: Regular Council - Jun 15 2026 INTRODUCTION: A donation was recently made to the Rambling River Center (RRC) by Happy Harry’s Furniture. DISCUSSION: A donation in the amount of $540.66 was recently made by Happy Harry’s Furniture to the RRC. The donation was made through a program created in 2011 in which a customer of Happy Harry’s Furniture can select a charity of their choice to receive a donation when merchandise is purchased from the store. Then 10% from the sale to the customer is donated to the charity. The RRC is one of the charities that can be selected by customers. With these donations, Happy Harry’s Furniture has donated a total of $19,040.59 to the RRC since the program’s inception. This partnership with Happy Harry’s Furniture has been very beneficial over the long term given the funds that have been donated to the RRC. The donation has been deposited into the RRC Capital Improvement Fund to fund future building improvements and/or purchase new equipment and furniture. Staff will communicate the City’s appreciation on behalf of the City Council to Happy Harry’s Furniture for their generous donation to the RRC. ACTION REQUESTED: Adopt Resolution 2026-057 Accepting a Donation of $540.66 from Happy Harry’s Furniture to the Rambling River Center. ATTACHMENTS: 2026-057 Accepting $540.66 from Happy Harry's Furniture Page 47 of 233 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2026-057 A RESOLUTION ACCEPTING A DONATION OF $540.66 FROM HAPPY HARRY’S FURNITURE TO THE RAMBLING RIVER CENTER WHEREAS, the City of Farmington is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts, as allowed by law; and WHEREAS, the following persons and entities have offered to contribute to the City: Happy Harry’s Furniture has donated $540.66 to the Rambling River Center ; and WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE, BE IT RESOLVED that Mayor Lien and the Farmington City Council hereby accept with gratitude the generous donation of $540.66 from Happy Harry’s Furniture to the Rambling River Center. Adopted by the City Council of the City of Farmington, Minnesota, this 15th day of June 2026. ATTEST: ____________________________ ______________________________ Nicholas Lien, Mayor Melissa Geis, City Clerk Page 48 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Professional Services Agreement with WSB for Construction Materials Testing and Special Inspections Meeting: Regular Council - Jun 15 2026 INTRODUCTION: Professional a approved meeting, 2025 Services November its at Council, City 3, Agreement (PSA) with WSB to complete a geotechnical investigation for the site of the new skatepark. This and design the support to was information geotechnical site-specific required construction of the skatepark. The purpose of the investigation was to understand the subsurface the site. project across The exploration selected at conditions locations investigation evaluated these conditions with respect to their potential impact on proposed construction recommendations for use in design and construction. DISCUSSION: summarizing report a prepared and geotechnical the completed WSB investigation findings and providing recommendations for site preparation, grading, fill materials and drainage, and slab-on-grade concrete slabs. The findings from the geotechnical investigation identified organic materials within the fill materials, support concrete of slabs. for were not likely they indicating intended Construction on poorly compacted existing fills has a higher risk of differential settlement. As a result, WSB recommended removal of the existing unsuitable fill materials and replacement with engineered fill. To verify that unsuitable materials are properly removed and that subsurface conditions are suitable for construction, WSB recommended that excavations be observed by a qualified soil engineer or technician prior to placement of fill, backfill, or foundation elements. In addition, field density testing of engineered fill and backfill is recommended to confirm materials the that and compaction are requirements that meet achieved specified density, strength, and compressibility standards. Proposed fill and backfill materials will also be tested by WSB's laboratory to verify compliance with project specifications. Page 49 of 233 WSB will provide materials testing and special inspection services during construction, including soil observations, field density testing, laboratory testing of fill materials, and concrete field and laboratory testing, to help ensure the project is constructed in accordance with the geotechnical recommendations and project specifications. Attached is the PSA with WSB which includes the proposal to complete the construction materials testing and special inspections. The City Attorney reviewed the attached PSA and found it to be acceptable. BUDGET IMPACT: The cost for WSB’s materials testing and special inspections is $15,015. The originally adopted budget did not include this project; however, based on the recommendations provided in the geotechnical investigation, these services are necessary to ensure proper construction. A budget amendment is required to cover this expense, which will be funded from the available fund balance within the Park Improvement Fund. ACTION REQUESTED: Approve the attached Professional Services Agreement with WSB for construction materials testing and special inspections for the skatepark project and amend the budget accordingly. ATTACHMENTS: Professional Service Agreement with WSB for Testing and Inspections WSB Signed Page 50 of 233 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this ____ day of June, 2026, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and WSB, a Minnesota corporation, is address business whose BoulevardGateway 540 , Burnsville 55, MN 337 (hereinafter "Engineer"). 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 precedence be shall of the listed above, the Documents Contract between the order following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated Kellee Omlid, Parks and Recreation Director, (the designated Engineer “City Representative”), and the has LundquistSam , Area Manager, Materials, (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” in accordance with the attached fee schedule, Exhibit “B”, a lump sum fee not to exceed $15,015 inclusive of taxes and reimbursable costs. A. which in may result an increase to the Work scope of in the Any changes the compensation due the Engineer shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by October 27, 2026. 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. Page 51 of 233 224345v1 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold 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. Work, the to Prior General Liability. starting 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 be may be liable. Such insurance shall include, but not limited to, Page 52 of 233 224345v1 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. coverages In addition to the listed above, Professional Liability Insurance. Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. d. Engineer shall maintain “stop gap” coverage if Engineer obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. 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. Page 53 of 233 224345v1 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 this under required coverages insurance effect in maintain shall all 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. copy of A the Engineer Certificate of the evidences ’s Insurance which 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 to advise insurance, or Engineer and in such documents any deficiencies of 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 litigation) (including reasonable attorney's fees and expenses of 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 Page 54 of 233 224345v1 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 considered be then the indemnity, indemnity will of any aspect precludes this limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section p, the City may require Engineer to: i. guaranteeing surety bond, satisfactory to the City, Furnish and pay for a 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 with other provided herein. as entities to contract the City and is of an employee not free r be shall Engineer work. of and methods means selecting the performing the esponsible for 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- if any such employment taxes payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. this Neither party shall assign 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. Page 55 of 233 224345v1 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 assignees’ Engineer’s officers’, agents’, partners’, employees’, volunteers’, , or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and effective d the until reimbursable expenses If the terminates City termination. the ate of Agreement because the Engineer has failed to perform in accordance with this Agreement, no further Enginee made be shall payment to the to engineer City may and the r, retain another 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 status, status origin, sex, marital with regard to public Page 56 of 233 224345v1 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- consideration will receive applicants that all qualified discrimination and clause for stating 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 express representations, waivers, indemnifications, and . All 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 party’s non. A - a constitute not provision shall any enforcement of waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated:__________________, 2026 CITY: CITY OF FARMINGTON By: Nicholas Lien Mayor Page 57 of 233 224345v1 By: Melissa Geis City Clerk Dated:__________________, 2026 WSB: By: _____________________________ [print name] Its __________________________ [title] Tumer Akakin Director of Materials May 31 Page 58 of 233 224345v1 EXHIBIT “A” SCOPE OF SERVICES Page 59 of 233 5 4 0 G A T E W A Y B L V D | B U R N S V I L L E , MN | 55 3 3 7 | 9 5 2 . 7 3 7 . 4 6 6 0 | W S B E N G . C O M May 19, 2026 Kellee Omlid Parks and Recreation Director City of Farmington, MN 430 3rd St Farmington, MN, 55024 Re: Proposal for Construction Materials Testing & Special Inspections Rambling River Skatepark Dear Kellee, WSB is pleased to present this proposal to provide professional services for construction materials testing and special inspections for the Rambling River Skatepark. The following includes our understanding of the project, an outline of the scope of work, and a fee estimate for our services. PROJECT INFORMATION It is our understanding that this project will consist of soil corrections and concrete placement for a skatepark. The following documents were received and reviewed to aid in the development of our proposed cost estimate. Special inspections will be provided in accordance with the documents outlined below. • Project Plans, dated April 27, 2026 • Geotechnical Report, prepared by WSB, dated December 18, 2025 As the Geotechnical Engineer of record for this project and WSB’s history with the City of Farmington we are the ideal candidate for providing materials testing and special inspections on this project. This project will require a small soil correction to remove unsuitable soils and we will be working directly with our geotechnical engineer Mark Osborn to ensure all design requirements are met. In the past 4 years WSB has performed special inspections and materials testing on skateparks for the City of Rosemount and the City of Shakopee and worked directly with Spohn Ranch during construction of these projects. Enclosed is an overview of WSB, and outline of similar projects we have worked on in the past, and the Cost Estimate totaling $15,015 for the various phases of the work being proposed. If there are additional services necessary for this project that are not included in th e Cost Estimate we would be happy to discuss how WSB can assist. We look forward to continuing our partnership with the City of Farmington to finish the delivery of the Rambling River Skatepark. Please contact us with any questions. Sincerely, Sam Lundquist Tumer Akakin, PE Area Operations Manager - Materials Director, Materials 612.214.5949 651.627.5160 slundquist@wsbeng.com tumer.akakin@wsbeng.com Page 60 of 233 5 4 0 G A T E W A Y B L V D | B U R N S V I L L E , MN | 55 3 3 7 | 9 5 2 . 7 3 7 . 4 6 6 0 | W S B E N G . C O M Project Examples and Experience WSB has an extensive history providing the requested materials testing, geotechnical and environmental services, and pavement management, for municipalities, counties, agencies, and private companies throughout the State and Metro Area. In 2025, our Burnsville laboratory performed more than 6,500 concrete cylinder breaks, 480 aggregate gradations, and 340 Proctor tests for public and private clients, consistently providing test results and final reports within 24 to 36 hours of test completion. Recent examples of our experience providing field and laboratory material testing, as well as geotechnical and pavement management services are included below. City of Shakopee, MN Skatepark June 2023-September 2023 - WSB provided both field and laboratory construction materials testing for the construction of a Spohn Ranch designed skatepark for the City of Shakopee. o Soils Field and Lab Testing o Concrete Field and Lab Testing City of Farmington, MN 2026 Street Improvements April 2026 - present - WSB is providing materials testing for the City of Farmington’s 2026 street improvements for 2nd Street from Ash Street to Spruce Street, and the Willow Street project. o Soils Field and Lab Testing o Concrete Field and Lab Testing o Bituminous Field and Lab Testing Three Rivers Parks District Mississippi Gateway Regional Park 2022-2024 - WSB provided special inspections and materials testing for a new, 2 story visitor center, maintenance building, cold storage building, and multiple parking lot expansions, pedestrian improvements, splashpad, and the installation of a raised treetop trail walkway supported by helical piers. o Soils Field and Lab Testing o Concrete Field and Lab Testing o Floor Flatness & Levelness o Helical Pier Installation o Reinforcing Steel Inspections o Structural Steel Inspections Page 61 of 233 CMT Unit Hourly or Unit Cost Total Unit Cost CMT03 8.00 hours 140.00$ 1,120.00$ at trips 2 4.00 hours each CMT02 9.00 hours 115.00$ 1,035.00$ trips at 3.003 hours each 3510 5 tests 40.00$ 200.00$ 5 tests 55.002 tests 3500 $ 110.00$ 2 tests 3.00 hours 100.00CMT01 $ 300.00$ 2 trips at 1.50 hours each 80.002140 7 trips $ 560.00$ 165.003025 1 tests $ 165.00$ 1 tests 3260 1 tests 250.00$ 250.00$ tests1 Subtotal 3,740.00$ 36.00 hours 115.00CMT02 $ 4,140.00$ Concrete at pours 5 3.00 hours each Shotcrete at pours 7 3.00 hours each CMT01 12.00 hours 100.00$ 1,200.00$ 8 at 1.50trips hours each 80.002140 20 trips $ 1,600.00$ 48 cylinders 40.002040 $ 1,920.00$ 12 sets at 4 cylinders each Subtotal 8,860.00$ CMT80 3.00 hours 215.00$ 645.00$ CMT85 1.00 hours 275.00$ 275.00$ CMT70 8.00 hours 175.00$ 1,400.00$ CMT90 1.00 hours 95.00$ 95.00$ Subtotal 2,415.00$ 3,740.00$ 8,860.00$ 2,415.00$ 15,015.00$ Estimated Total Reinforcement Observations and Concrete Testing Aggregate and Soils Project Supervision, Review and Management Excavation Observations Compaction Testing of Fill and Backfill Nuclear Density Testing Dynamic Cone Penetrometer (DCP) on sand subbase Laboratory Testing on aggregate base Sieve Analysis through no. 200 Sieve on sand subbase Trip Charge Sample Pick Up on aggregate base Field Testing Construction Materials Testing Estimate of Costs City of Farmington Parks and Recreation Rambling River Skatepark May 18, 2026 Service Description Estimated Units Aggregate and Soils Standard Proctor Testing of Concrete Field Testing Reinforcement Observations and Concrete Testing Project Assistant Project Administrator Project Engineer/Manager Project Supervision, Review and Management Inspection and Testing Project Summary Principal Engineer Laboratory Testing Trip Charge Sample Pickup Concrete Curing and Compressive Strength Testing Page 62 of 233 224345v1 EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Consultant shall be paid by the City for the services described in Exhibit “A” a lump sum fee not to exceed $15,015 inclusive of taxes and reimbursable costs. Payments are due to Consultant within thirty (30) days after City’s receipt of Consultant’s monthly invoice for Services performed. Page 63 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: State of Minnesota Grant Agreement for Skatepark Meeting: Regular Council - Jun 15 2026 INTRODUCTION: The City of Farmington applied for a FY 2026 Outdoor Recreation Grant for the construction of a skatepark. In June 2025, Staff learned the City had been awarded an Outdoor Recreation Grant in the amount of $350,000. The Outdoor Recreation Grant program is administered by the Minnesota Department of Natural Resources (DNR). Funding for the program is provided through both federal and state funds. Federal funds come from the Land and Water Conservation Fund (LWCF), provided by the National Park Service (NPS). DISCUSSION: The Outdoor Recreation Grant Program’s purpose is “To increase and enhance recreation facilities in local and community parks throughout the state.” The program provides matching grants to local units of government for up to 50% of the cost of acquisition, development, and/or redevelopment of local parks and recreation areas. The maximum grant award is $350,000 for a total project cost of at least $700,000. The program requires a one-to-one match which can consist of cash, value of materials, labor, and equipment usage by the local sponsor, donations, or any combination thereof. At its February 18, 2025 meeting, City Council adopted Resolution 2025-16 Authorizing to Act as Legal Sponsor and Authorization for DNR Outdoor Recreation Grant Program Application - for design and construction of a skatepark and support facilities and approve the matching funds of up to $350,000 to come from the Liquor Operations Community Projects fund. Following notification of the grant award, City Council approved an agreement with Spohn Ranch for the design and construction of the skatepark. Spohn Ranch conducted three public design workshops and provided two online surveys to gather community input. Based on the feedback received, Spohn Ranch developed the final skatepark design, which is attached. Spohn Ranch has recently completed the 100 percent Page 64 of 233 construction documents and anticipates beginning construction during the last week of June. Before the City can begin construction of the skatepark or receive reimbursement funds, the DNR grant contract must be approved and fully executed, including signatures from both the City and the DNR. The Grant Agreement, including the City's Project Budget, is attached. The Effective Date and Expiration Date in the Grant Agreement may change due to delays in the issuance of the NPS award to the DNR. However, the terms and conditions in the Grant Agreement will not change between now and the date of issuance. The City Attorney reviewed the attached Grant Agreement and found it acceptable. BUDGET IMPACT: The grant will provide a total of $350,000 in reimbursable funding for construction of the skatepark and purchase of supporting facilities. The City will provide the required 50 percent matching funds through the Liquor Operations Community Project funds. ACTION REQUESTED: Approve the attached Grant Agreement with the State of Minnesota. If the Effective and Expiration Dates change, authorize the Mayor and City Clerk to execute the updated Grant Agreement. ATTACHMENTS: Skatepark Final Design State of Minnesota Grant Agreement Page 65 of 233 Pa g e 6 6 o f 2 3 3 February 2024 1 STATE OF MINNESOTA GRANT AGREEMENT Federal Sub-Award Agreement LW27-01495 This grant agreement is between the State of Minnesota, acting through its Commissioner of Natural Resources ("State") and City of Farmington, NKYGNRF4NTS7, 430 3rd St., Farmington, MN, 55024 ("Grantee"). Recitals 1. Under the Land and Water Conservation Fund, National Park Service, 15.916-Outdoor Recreation Acquisition, Development and Planning and Federal Award and P26008448, the State received a federal award of $350,000 on June 25, 2026 for 27-01495 Farmington Rambling River Improvements. The purpose of the federal grant is to develop a skatepark in Rambling River Park. This project is not a research and development award. 2. Under 27-01495 and Minn. Stat. 84.026, the State subawards $350,000 to the Grantee NKYGNRF4NTS7 for the purpose of conducting the project entitled LW27-01495 Farmington Rambling River Park for the purpose of constructing a skatepark and a paved trail; installing a shelter, a raingarden, trees, and site amenities 3. The commissioner of natural resources is authorized to enter into contractual agreements with any public or private entity for the provision of statutorily prescribed natural resources services by the department. 4. Pursuant to Minn. Stat. 84.0264, the state is empowered to receive and administer grants under the Land and Water Conservation Fund grant program authorized by Congress in the Land and Water Conservation Fund Act of 1965, as amended, and the Local Grants program authorized by the State of Minnesota. Fifty percent of the funds granted under subdivision 1 shall be distributed for projects to be acquired, developed, and maintained by local units of government, providing that any project approved is consistent with a statewide or a county or regional recreational plan and compatible with the statewide recreational plan. All money received by the commissioner for local units of government is appropriated annually to carry out the purposes for which the funds are received. 5. The Grantee has made application to the State for a portion of the allocation for the purpose of conducting the project entitled Rambling River Park. 6. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to the satisfaction of the State. Grant Agreement 1. Term of Grant Agreement 1.1. Effective date: 1.1 June 25, 2026, Notwithstanding Minnesota Statutes §16B.98, Subd. 5, and MS §16A.41, the Commissioner may make payments for otherwise eligible grant-program expenditures that are made on or after the effective date of the contract. Pursuant to Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract agreement is fully executed. This is the Performance and Budget Period start date. 1.2. Expiration date: June 24, 2029, or, in the event this Grant Contract Agreement is continued by way of amendment or new agreement, the date the amendment or new agreement is fully executed, whichever is later. In the event an amendment or new agreement is not fully executed within 60 calendar days of the stated expiration date, this grant agreement will expire on August 23, 2029. This is the Performance and Budget Period end date. 1.3. Survival of Terms: The following clauses survive the expiration or cancellation of this grant agreement: 9 Liability; 10 Audits; 11 Government Data Practices and Intellectual Property; 13 Endorsement; 14 Governing Law, Jurisdiction, and Venue; 16 Data Disclosure; 17 American Disabilities Act; 19 Monitoring; 23 Land Retention and Deed Restriction; 24 Resource Management and Protection; and 40 Additional Program Page 67 of 233 February 2024 2 Requirements. 2. Grantee’s Duties The Grantee, who is not a state employee, will: The Grantee will comply with required grants management policies and procedures set forth through Minnesota Statutes Section 16B.97, subdivision 4 (a) (1) and comply with Attachment A, Project Budget, which is incorporated and made a part of this contract. The Grantee agrees to complete the program in accordance with the approved budget to the extent practicable and within the program period specified in the grant agreement. Any material change in the grant agreement shall require an amendment by the State (see Section 7.2). The Grantee shall be responsible for the administration, supervision, management, record keeping and program oversight required for the work performed under this agreement. The Grantee is responsible for maintaining a written conflict of interest policy. Throughout the term of this agreement, the Grantee shall monitor and report any actual, potential, or perceived conflicts of interest to the State's Authorized Representative. 3. Time The Grantee must comply with all the time requirements described in this grant agreement. 4. Consideration and Payment. Funds made available pursuant to this Agreement shall be used only for expenses incurred in performing and accomplishing the purposes and activities specified herein. Notwithstanding all other provisions of this Agreement, it is understood that any reduction or termination of funds allocated to the State may result in a like reduction to the Grantee 4.1. Consideration. Consideration for all services performed by Grantee pursuant to this grant agreement shall be paid by the State as follows: 4.1.1. Compensation. Compensation in an amount not to exceed $350,000. 4.1.2. Total Federal Funds. The total amount of federal funds obligated to the Grantee by the State is $350,000, including the current financial obligation. 4.1.3. Matching Requirements. Grantee certifies that the following matching requirement for the grant will be met by Grantee. The total project cost is $700,000. Grantee agrees to provide a match of at least $350,000. Grant funds cannot be used by the Grantee as match or for reimbursement for any other grant or program without prior written authorization from the State’s Authorized Representative. 4.1.4. Indirect Cost Rate. Federal indirect costs are not eligible for reimbursement in the State’s federal award or this sub-award agreement. 4.1.5. Travel Expenses. Travel expenses are not eligible for reimbursement in the State’s federal award or this sub-award agreement. 4.2. Payment. The State shall disburse funds to the Grantee pursuant to this agreement on a reimbursement basis and will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: upon completion of services or up to four requests during the contract Page 68 of 233 February 2024 3 period. A final reimbursement of not more than 10% may be withheld until final completion of services. 4.2.1. Federal funds. Payments under this grant agreement will be made from federal funds obtained by the State through the National Park Service of the United States Department of Interior, Land and Water Conservation Fund, 15.916, Act of 1965 as amended thereto, and under Assistance Listing Number 15.916 and P26008448. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee’s failure to comply with federal requirements. 5. Conditions of Payment All services provided by the Grantee under this grant agreement must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6. Authorized Representative The State's Authorized Representative is Sarah Wennerberg, Grants Specialist Coordinator, 500 Lafayette Rd., St. Paul, MN 55155, 651-259-5579, sarah.wennerberg@state.mn.us, or their successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this grant agreement. If the services are satisfactory, the State's Authorized Representative or their designee will certify acceptance on each invoice submitted for payment. The Grantee Authorized Representative is Kellee Omlid, Parks and Recreation Director, 430 3rd St., Farmington MN 55024, 651-280-6851, komlid@farmingtonmn.gov, or their successor. If the Grantee’s Authorized Representative changes at any time during this grant agreement, the Grantee must immediately notify the State. 7. Assignment, Amendments, Waiver, and Grant Agreement Complete 7.1. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant agreement, or their successors in office. 7.2. Amendments. Any amendment to this grant agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant agreement, or their successors in office. 7.3. Waiver. If the State fails to enforce any provision of this grant agreement, that failure does not waive the provision or its right to enforce it. 7.4. Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant agreement, whether written or oral, may be used to bind either party. 8. Subcontractors, Contracting, and Bidding Requirements The Grantee agrees that if it subcontracts any portion of this project to another entity, the agreement with the subcontractor will contain all provisions of the agreement with the State. The Grantee also agrees to comply with Title 2 Code of Federal Regulations (CFR) 200.318 through 2 CFR 200.326. 8.1 Uniform Municipal Contracting Law Per Minn.Stat. § 471.345, Grantees that are municipalities as defined in Subd. 1 must follow the law. 8.1.1. For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn.Stat. § 177.41 through 177.44 consequently, the bid request must state the project is subject to prevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. Page 69 of 233 February 2024 4 8.2 The Grantee must not contract with vendors who are suspended or debarred in MN. 8.3 The Grantee may not issue a subaward or contract to any Federal employee, department, or agency, without advance permission from the State’s Authorized Representative. 8.4 Domestic Sourcing Preferences. Per 2 CFR 200.322, Grantees should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States in every contract, purchase order, or sub-award. 8.5 Prohibition on certain telecommunications and video surveillance service or equipment. Per Public Law 115- 232, section 889; 2 CFR 200.216, Grantees are prohibited from obligating or expending grant funds on telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 9. Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant agreement by the Grantee or the Grantee agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant agreement. 10. Audits (State and Single) Under Minn. Stat. §16B.98, subd. 8 and 2 CFR 200.331, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant contract agreement or transaction are subject to examination by the Commissioner of Administration, by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. All state and local governments, colleges and universities, and non-profit organizations that expend $750,000 or more of Federal awards in a fiscal year must have a single audit according to the new OMB Uniform Guidance: Cost Principles, Audit, and Administrative Awards Requirements for Federal Awards. This is $750,000 total Federal awards received from all sources. If an audit is completed, forward a copy of the report to both the State's Authorized Representative and the State Auditor. 11. Government Data Practices and Intellectual Property 11.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law. 11.2 Intellectual Property Rights (if applicable). 11.2.1. Intellectual Property Rights. (A) Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this contract. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created, or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this contract. Works includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or Page 70 of 233 February 2024 5 other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this contract. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be “works made for hire.” The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the Works and Documents. (B) Obligations 1. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Grantee, including its employees and subcontractors, in the performance of this contract, the Grantee will immediately give the State’s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 2. Representation. The Grantee must perform all acts and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the State, and that neither Grantee nor its employees, agents, or subcontractors retain any interest in and to the Works and Documents. The Grantee represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 8, the Grantee will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless the State, at the Grantee’s expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. The Grantee will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or action arises, or in the Grantee’s or the State’s opinion is likely to arise, the Grantee must, at the State’s discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of other remedies provided by law. (C) The federal awarding agency may receive royalty-free, non-exclusive and an irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so as noted in 2 CFR 200.315. 12. Workers’ Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 13. Publicity and Endorsement 13.1 Publicity Any publicity regarding the subject matter of this grant contract agreement must identify the sponsoring agencies; and must not be released without prior written approval from the State’s Authorized Representative or their designee. For purposes of this provision, publicity includes websites, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the grantee’s website when practicable. Page 71 of 233 February 2024 6 13.2 Signage Any site funded by this grant contract shall display a sign at a prominent location at the entrance to the site and in a form approved by the State that acknowledges funding through this grant. 13.3 Endorsement The Grantee must not claim that the State endorses its products or services and the Grantee must adhere to the terms of 2 CFR 200.315. 14. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant agreement. Venue for all legal proceedings out of this grant agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15. Termination 15.1 (a) Termination by the State The State may immediately terminate this grant contract agreement with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. (b) Termination by The Commissioner of Administration The Commissioner of Administration may unilaterally cancel this grant contract agreement if further performance under the agreement would not serve agency purposes or is not in the best interest of the State. 15.2 Termination for Cause. The State may immediately terminate this grant contract agreement if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 15.3 Termination for Insufficient Funding The State may immediately terminate this grant contract agreement if: (a) Funding for Grant No. P26008448 is withdrawn; or (b) Funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice. 16 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 17 American Disabilities Act The Grantee is subject to complying with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.) and all applicable regulations and guidelines. Grantee must comply with the 2010 American Disabilities Act Standards for Accessible Design, or any updated version of these requirements in effect at the time of this grant, and all applicable regulations and guidelines. The Grantee shall construct, operate, and maintain all facilities and programs in compliance with all state and federal accessibility laws, regulations, and guidelines including the Final Guidelines for Outdoor Developed Areas. Information on compliance with the Page 72 of 233 February 2024 7 Americans with Disabilities Act is available at U.S. Access Board. 18 Non-Discrimination Requirements No person in the United States must, on the ground of race, color, national origin, handicap, age, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under, any program or activity receiving Federal financial assistance. Including but not limited to: a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and DOC implementing regulations published at 15 C.F.R. Part 8 prohibiting discrimination on the grounds of race, color, or national origin under programs or activities receiving Federal financial assistance; Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.) prohibiting discrimination on the basis of sex under Federally assisted education programs or activities; b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and DOC implementing regulations published at 15 C.F.R. Part 8b prohibiting discrimination on the basis of handicap under any program or activity receiving or benefiting from Federal assistance. c) The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), and DOC implementing regulations published at 15 C.F.R. Part 20 prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance; d) Title II of the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination against qualified individuals with disabilities in services, programs, and activities of public entities. e) Rules and relevant orders of the Minnesota Department of Human Rights issues pursuant to the Minnesota Human Rights Act f) Minn. Stat. 363A.02 prohibiting discrimination against any employee or applicant because of race, color, creed, religion, national origin, sex, marital status, status in regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age and requiring affirmative steps to be taken to employ, advance in employment, upgrade, train, and recruit minority persons, women, and persons with disabilities. g) Any other applicable non-discrimination law(s). 19 Reporting Requirements The Grantee shall submit a progress report, in a form prescribed by the State, by January 1 of each year during the term of this grant contract. A final report must be submitted with the request for final reimbursement. Forms will be provided by the State. 20 Monitoring The State shall be allowed at any time to conduct periodic site visits and inspections to ensure work progress in accordance with this grant agreement, including a final inspection upon program completion. At least one monitoring visit per grant period on all state grants of over $50,000 will be conducted and at least annual monitoring visits on grants of over $250,000. Following closure of the program, the State’s authorized representatives shall be allowed to conduct post-completion inspections of the site to ensure that the site is being properly operated and maintained and that no conversion of use has occurred. 21 Conflict of Interest It is the policy of the State to work to deliberately avoid actual and potential conflict of interests related to grant making at both the individual and organizational levels. A conflict of interest (actual or potential) occurs when a person has actual or apparent duty or loyalty to more than one organization and the competing duties or loyalties may result in actions which are adverse to one or both parties. A conflict of interest exists even if no unethical, improper, or illegal act results from it. The Grantee, by signing this contract with the State, certifies it has read and understands the Office of Grants Management Conflict of Interest Policy 08-01, will maintain an adequate Conflict of Interest Policy and, throughout the term of the contract, monitor and report any actual or potential conflicts of interest to the State’s Authorized Representative. 22 Minnesota Historical Sites Act and Minnesota Field Archaeology Act Page 73 of 233 February 2024 8 For projects involving land acquisition and/or construction, the State Historic Preservation Office must review the project to determine if the site is a potential location for historical or archeological findings. If the State Historic Preservation Office determines that a survey is required, the survey would need to be completed prior to any site disturbance for development projects and prior to the final reimbursement of the grant funds for acquisition projects. 23 Land Retention and Deed Restriction 23.1 Land Retention Any lands acquired or developed with assistance from the Outdoor Recreation grant program must be retained solely for public outdoor recreation use. The lands subject to this contract are shown in Attachment B – Boundary Map which is attached and incorporated into this contract. No other use can be made of these lands without prior written approval of the State and the Secretary of Interior. The State will consider requests to convert these lands to other uses only if all practical alternatives have been evaluated and rejected on a sound basis and replacement lands of equal or greater fair market value and reasonably equivalent usefulness are acquired and dedicated to public outdoor recreation use. 23.2 Deed Restriction The Grantee shall have the following condition recorded with the deed to all lands within the park as described in Attachment B – Boundary Map and submit an attested copy of the deed and the condition to the State: In order to comply with the Department of Natural Resources Outdoor Recreation Project Contract LW27-01495, the City of Farmington does hereby impose the following restrictions on the property described in Attachment B to that contract: 1. The property shall be permanently managed and maintained for public outdoor recreation use. 2. The property has been acquired and/or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the State acting through its Commissioner of Natural Resources and the Secretary of the Interior. 24 Resource Management and Protection The Grantee shall protect, manage and maintain, or cause to maintain, the property acquired and/or developed pursuant to this grant contract. Properties shall be kept reasonably safe for public use, if applicable. All state and federal accessibility laws, regulations and standards shall be adhered to. Vegetation management and similar safeguards and supervision shall be provided to the extent feasible. Buildings, roads, trails and other structures and improvements, if any, shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration. The Grantee shall keep the facility open to the general public at reasonable hours and at times of the year consistent with the purpose and type of use of the property and appropriate management and protection of natural resources. 25 Invasive Species Prevention The DNR requires active steps to prevent or limit the introduction, establishment, and spread of invasive species during contracted work. The contractor shall prevent invasive species from entering into or spreading within a project site by cleaning equipment prior to arriving at the project site. If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned by contractor furnished tool or equipment (brush/broom, compressed air or pressure washer) at the staging area. The contractor shall dispose of material cleaned from equipment and clothing at a location determined by the DNR Contract Administrator. If the material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. The contractor shall ensure that all equipment and clothing used for work in infested waters has been adequately decontaminated for invasive species (ex. zebra mussels) prior to being used in non-infested waters. All equipment and clothing including but not limited to waders, tracked vehicles, barges, boats, turbidity curtain, sheet pile, and pumps that comes in contact with any infested waters must be thoroughly decontaminated. Page 74 of 233 February 2024 9 26 Pollinator Best Management Practices Habitat restorations and enhancements conducted on DNR lands and prairie restorations on state lands or on any lands using state funds are subject to pollinator best management practices and habitat restoration guidelines pursuant to Minnesota Statutes, section 84.973. Practices and guidelines ensure an appropriate diversity of native species to provide habitat for pollinators through the growing season. Current specific practices and guidelines to be followed for contract and grant work can be found here: Link to December 2014 version. 27 Force Majeure Neither party shall be responsible to the other or considered in default of its obligations within this Contract to the extent that performance of any such obligation is prevented or delayed by acts of God, war, riot, disruption of government, or other catastrophes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party relying on this provision to excuse performance must provide the other party prompt written notice of the inability to perform and take all necessary steps to bring about performance as soon as practicable. 28 Program Requirements The grantee will comply with the provisions of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897), and Attachment C, Federal Land and Water Conservation Fund Program General and Special Provisions, attached and incorporated into this contract. 29 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a. The prospective lower tier participant certifies, by submission of this agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. 30 Department of Interior Standard (DOI) Terms and Conditions. DOI Standard Terms and Conditions apply and are located at https://www.doi.gov/grants/doi-standard-terms-and- conditions (version effective April 1, 2025), except the provision related to the Davis-Bacon Act in Section VII. 31 2 C.F.R. 200.92 Subaward; 200.101 Applicability; and 200.331 Subrecipients and contractor determinations. Requirements for passthrough entities applies. 32 Lobbying Prohibition. 18 U.S.C. § 1913, Lobbying with Appropriated Moneys, as amended by Public Law 107–273, Nov. 2, 2002 Violations of this section shall constitute violations of section 1352(a) of title 31. In addition, the related restrictions on the use of appropriated funds found in Div. F, § 402 of the Omnibus Appropriations Act of 2008 (P.L. 110–161) also apply. 33 Byrd Anti-Lobbying Amendment Certification and Disclosure: a. The Grantee certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352 b. The Grantee shall comply with Interim Final Rule, New Restrictions on Lobbying, found in Federal Register Vol. 55, No. 38, February 26, 1990, and any permanent rules that are adopted in place of the Interim Final Rule. The Interim Final Rule requires the Grantee to certify as to their lobbying activity. Further definition of lobbying can be found in 2 CFR 200.450. c. If the Grantee engages in lobbying activities with non-Federal funds that takes place in connection with obtaining any Federal award, they will promptly inform the authorized representative, and complete any certifications the authorized representative requires. 34 Whistleblower Protection Rights 41 USC §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection Page 75 of 233 February 2024 10 (a) This award and employees working on this financial assistance agreement will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub.L. 112-239) (b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 USC 4712. (c) The recipient shall insert this clause, including this paragraph (c), in all subawards and in contracts over the simplified acquisition threshold related to this award. 35 ENSURING THE FUTURE IS MADE IN ALL OF AMERICA BY ALL OF AMERICA’S WORKERS PER E.O. 14005. Per Executive Order 14005, entitled "Ensuring the Future Is Made in All of America by All of America's Workers” the Recipient shall maximize the use of goods, products, and materials produced in, and services offered in, the United States, and whenever possible, procure goods, products, materials, and services from sources that will help American businesses compete in strategic industries and help America’s workers thrive. 36 Clean Air Act and Federal Water Pollution Act The Contractor must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the EPA. 37 Procurement of Recovered Materials A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]. 38 Build America Buy America The following terms apply for financial assistance agreements for infrastructure that currently or are anticipated to exceed the Simplified Acquisition Threshold (SAT), currently $250,000. This threshold applies for the duration of the award and obligations made for infrastructure projects when additional funds are obligated through modification or renewal. For more information on DOI’s approved waiver, see: https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program. Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: 1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; 2. all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and Page 76 of 233 February 2024 11 3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. For further information on the Buy America preference, please visit https://www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: https://www.whitehouse.gov/omb/management/made-in-america Waivers When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies: 1. Non-availability Waiver: the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; 2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent; or 3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest. There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at: https://www.doi.gov/grants/BuyAmerica/ GeneralApplicabilityWaivers. If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the recipient is not required to request a separate waiver for non-domestic materials. If a general applicability waiver does not already apply, and a recipient believes that one of the above circumstances applies to an award, a request to waive the application of the domestic content procurement preference may be submitted to the financial assistance awarding officer in writing. Waiver requests shall include the below information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their waiver request. Waiver requests will be posted to https://www.doi.gov/grants/buyamerica and are subject to public comment periods of no less than 15 days. Waiver requests will also be reviewed by the Made in America Office. 3. Type of waiver requested (non-availability, unreasonable cost, or public interest) 4. Requesting entity and Unique Entity Identifier (UEI) submitting the request. 5. Department of Interior Bureau or Office who issued the award. 6. Federal financial assistance listing name and number (reference block 2 on DOI Notice of Award) 7. Financial assistance title of project (reference block 8 on DOI Notice of Award). 8. Federal Award Identification Number (FAIN). Page 77 of 233 February 2024 12 9. Federal funding amount (reference block 11.m. on DO Notice of Award). 10. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent known). 11. Infrastructure project description(s) and location(s) (to the extent known). 12. List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if known), and relevant PSC or NAICS code for each. 13. A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. 14. A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America-compliant bids received in response to a solicitation. 13. Anticipated impact if no waiver is issued. Approved waivers will be posted at https://www.doi.gov/grants/BuyAmerica/ApprovedWaivers; recipients requesting a waiver will be notified of their waiver request determination by an awarding officer. Questions pertaining to waivers should be directed to the financial assistance awarding officer. Definitions “Construction materials” includes an article, material, or supply that is or consists primarily of: • non-ferrous metals; • plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • lumber; or • drywall. “Construction Materials” does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. “Domestic content procurement preference’’ means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. “Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. ‘‘Project’’ means the construction, alteration, maintenance, or repair of infrastructure in the United States 39 Domestic Preference for Procurements As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. Page 78 of 233 February 2024 13 40 Additional Program Requirements a. Minority Business Enterprise Development Pursuant to Executive Order 12432 it is national policy to award a fair share of contracts to small and minority firms. NPS is strongly committed to the objectives of this policy and encourages all recipients of its Cooperative Agreements to take affirmative steps to ensure such fairness by ensuring procurement procedures are carried out in accordance with the Executive Order. b. Program Income If the Grantee earns program income, as defined in 2 CFR § 200.1, during the period of performance of this agreement, to the extent available the Grantee must disburse funds available from program income, and interest earned on such funds, before requesting additional cash payments (2 CFR § 200.305 (5)). As allowed under 2 CFR § 200.307, program income may be added to the Federal award by the Federal agency and the non-Federal entity. The program income must be used for the purposes, and under the conditions of, the Federal award. Disposition of program income remaining after the end of the period of performance shall be negotiated as part of the agreement closeout process. c. Rights in Data The Grantee must grant the United States of America a royalty–free, non–exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this Agreement by the Recipient, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. d. Conflict of Interest Applicability i. This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements. ii. In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 2 CFR §200.318 apply. Requirements a) Non-Federal entities must avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a Federal financial assistance agreement. b) In addition to any other prohibitions that may apply with respect to conflicts of interest, no key official of an actual or proposed recipient or subrecipient, who is substantially involved in the proposal or project, may have been a former Federal employee who, within the last one (1) year, participated personally and substantially in the evaluation, award, or administration of an award with respect to that recipient or subrecipient or in development of the requirement leading to the funding announcement. c) No actual or prospective recipient or subrecipient may solicit, obtain, or use non-public information regarding the evaluation, award, or administration of an award to that recipient or subrecipient or the development of a Federal financial assistance opportunity that may be of competitive interest to that recipient or subrecipient. d) Notification. Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass- through entity in accordance with 2 CFR § 200.112, Conflicts of interest. e) Grantees must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is Page 79 of 233 February 2024 14 responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by subrecipients. Restrictions on Lobbying. Non-Federal entities are strictly prohibited from using funds under this grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR Part 18 and 31 USC § 1352. f) Review Procedures. The Financial Assistance Officer will examine each conflict-of-interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it. g) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the Government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR § 200.338, Remedies for Noncompliance, including suspension or debarment (see also 2 CFR Part 180). Attachments: A. Project Budget B. Boundary Map C. LWCF General Provisions D. Conflict of Interest Disclosure E. Requirements for DNR Grantees Page 80 of 233 February 2024 15 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Statutes 16A.15. By: _______________________________________________ (with delegated authority) Signed: _____________________________________________ Title: ______________________________________________ Date: _______________________________________________ Date: ______________________________________________ SWIFT PO No. _______________ 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: ________________________________________________ By: ________________________________________________ Title: ______________________________________________ Title: ______________________________________________ Date: _______________________________________________ Date: _______________________________________________ Page 81 of 233 Attachment A - Project Budget Project Component FarmingtonRecipient:City of Rambling River Park (skatepark)LW27-01495Grant: Project Scope The recipient, the Minnesota Department of Natural Resources, will pass through a subaward/subgrant to the subrecipient, the City of Farmington, to improve Rambling River Park. This project will: construct a skatepark; install a shelter and site amenities. Grant Amount:$350,000 Skatepark (4 inch skate plaza (99’ x 104’, approx 7,900 SF), with features including concrete pumptrack elements Shelter (12’ x 12’ shelter with footing and installation) Site Amenities (Fixed in place amenities: Bike racks, benches, bike fix-it station, picnic tables, trash/recycling) $612,891 $60,580 $26,529 Total Cost Cost $700,000 Notes / Conditions Local Match: Total Cost: $350,000 $700,000 May 29, 2026 Page 82 of 233 Attachment B - Boundary Map -  Sarah Wennerberg Digitally signed by Sarah Wennerberg Date: 2025.10.08 10:02:10 -05'00'Page 83 of 233 February 2024 16 ATTACHMENT C LWCF GENERAL PROVISIONS Part I – Definitions A. The term "NPS" as used herein means the National Park Service, United States Department of the Interior (DOI). B. The term "Director" as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for such Director. C. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary. D. The term "State" as used herein means the State, Territory, or District of Columbia that is a party to the grant agreement to which these general provisions are attached, and, when applicable, the political subdivision or other public agency to which funds are to be subawarded pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it applies solely to the State. For purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed synonymous. E. The term “Land and Water Conservation Fund” or “LWCF” as used herein means the Financial Assistance to States section of the LWCF Act (Public Law 88-578, 78 Stat 897, codified at 54 U.S.C. § 2003), which is administered by the NPS. F. The term "Manual" as used herein means the Land and Water Conservation Fund State Assistance Program Manual, Volume 72.1 (April 21, 2025). A. The term "project" as used herein refers to an LWCF grant, which is subject to the grant agreement and/or its subsequent amendments. Part II - Continuing Assurances The parties to the grant agreement specifically recognize that accepting LWCF assistance for the project creates an obligation to maintain the property described in the agreement and supporting application documentation consistent with the LWCF Act and the following requirements. Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance will use the monies granted hereunder for the purposes of this program, and that assistance granted from the LWCF will result in a net increase, commensurate at least with the Federal cost-share, in a participant's outdoor recreation. It is intended by both parties hereto that the LWCF assistance will be added to, rather than replace or be substituted for, the State and/or local outdoor recreation funds. A. The State agrees, as the recipient of the LWCF assistance, that it will meet these LWCF General Provisions, and the terms and provisions as contained or referenced in, or attached to, the NPS grant agreement and that it will further impose these terms and provisions upon any political subdivision or public agency to which funds are subawarded pursuant to the grant agreement. The State also agrees Page 84 of 233 February 2024 17 that it shall be responsible for compliance with the terms and provisions of the agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply. B. The State agrees that the property described in the grant agreement and depicted on the signed and dated project boundary map made part of that agreement is being acquired or developed with LWCF assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of property leased from a federal agency. The Secretary shall approve such a conversion only if it is found to be in accord with the then existing statewide comprehensive outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location (54 U.S.C. 200305(f)(3)). The LWCF post-completion compliance regulations at 36 C.F.R. Part 59 provide further requirements. The replacement land then becomes subject to LWCF protection. The approval of a conversion shall be at the sole discretion of the Secretary, or her/his designee. Prior to the completion of this project, the State and the Director may mutually agree to alter the area described in the grant agreement and depicted in the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded LWCF protection as soon as reimbursement is provided. In the event the NPS provides LWCF assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation use as a result of such right or interest being exercised will occur. In receipt of this approval, the State agrees to notify the NPS of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and the program regulations. The provisions of this paragraph are also applicable to: leased properties developed with LWCF assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the NPS; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the NPS. C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality and quantity of public outdoor recreation facilities and resources that are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement or the submission and approval of a conversion request as described in Part II.B above. D. The State agrees to comply with the policies and procedures set forth in the Manual. Provisions of said Manual are incorporated into and made a part of the grant agreement. E. The State agrees that the property and facilities described in the grant agreement shall be operated and maintained as prescribed by Manual requirements and published post-completion compliance regulations (36 C.F.R Part 59). Page 85 of 233 February 2024 18 F. The State agrees that a notice of the grant agreement shall be recorded in the public property records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the property described and shown in the scope of the grant agreement and the signed and dated project boundary map made part of that agreement, has been acquired or developed with LWCF assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary as described in Part II.B above. G. Nondiscrimination 1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in Section V of the Department of the Interior Standard Award Terms and Conditions. 2. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence, as set forth in 54 U.S.C. § 200305(i) and the Manual. Part III - Project Assurances A. Project Application 1. The Application for Federal Assistance bearing the same project number as the Grant Agreement and associated documents is by this reference made a part of the agreement. 2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion, or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required. 3. The State has the capability to finance the non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. B. Project Execution 1. The State shall transfer to the project sponsor identified in the Application for Federal Assistance all funds granted hereunder except those reimbursed to the State to cover eligible expenses derived from a current approved negotiated indirect cost rate agreement. 2. The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. 3. The State will provide for and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS Page 86 of 233 February 2024 19 may require. 4. In the event the project cannot be completed in accordance with the plans and specifications for the project, the State shall bring the project to a point of recreational usefulness agreed upon by the State and the Director or her/his designee in accord with Section III.C below. 5. As referenced in the DOI Standard Terms and Conditions, the State will ensure the project’s compliance with applicable federal laws and their implementing regulations, including: the Architectural Barriers Act of 1968 (P.L. 90-480) and DOI’s Section 504 Regulations (43 CFR Part 17); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91- 646) and applicable regulations; and the Flood Disaster Protection Act of 1973 (P.L. 93-234). 6. The State will comply with the provisions of: Executive Order (EO) 11988, relating to evaluation of flood hazards; EO 11288, relating to the prevention, control, and abatement or water pollution, and EO 11990 relating to the protection of wetlands. 7. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108) and the Advisory Council on Historic Preservation regulations (36 C.F.R. Part 800) by adhering to procedural requirements while considering the effect of this grant award on historic properties. The Act requires federal agencies to take into account the effects of their undertaking (grant award) on historic properties by following the process outlined in regulations. That process includes (1) initiating the process through consultation with the State Historic Preservation Officer and others on the undertaking, as necessary, by (2) identifying historic properties listed on or eligible for inclusion on the National Register of Historic Places that are subject to effects by the undertaking, and notifying the NPS of the existence of any such properties, by (3) assessing the effects of the undertaking upon such properties, if present, and by (4) resolving adverse effects through consultation and documentation according to C.F.R. §800.11. If an unanticipated discovery is made during implementation of the undertaking, the State in coordination with NPS shall consult per provisions of 36 C.F.R. §800.13. 8. The State will assist the NPS in its compliance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. §4321 et seq) and the CEQ regulations (40 C.F.R. §1500-1508), by adhering to procedural requirements while considering the consequences of this project on the human environment. This Act requires Federal agencies to take into account the reasonably foreseeable environmental consequences of all grant-supported activities. Grantees are required to provide the NPS with a description of any foreseeable impacts to the environment from grant-supported activities or demonstrate that no impacts will occur through documentation provided to the NPS. The applicant must submit an Application & Revision Form in order to assist the NPS in determining the appropriate NEPA pathway when grant-assisted development and other ground disturbing activities are expected. If a Categorical Exclusion (CE) is the appropriate NEPA pathway, the NPS will confirm which CE, according to NPS Director's Order 12, applies. C. Project Termination 1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the NPS. 2. The State may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the State only by Page 87 of 233 February 2024 20 mutual agreement with the NPS. 3. The Director may terminate the project in whole, or in part, at any time before the date of completion whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the State in writing of the determination and the reasons for the termination, together with the effective date. Payments made to States or recoveries by the NPS under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Director or State may terminate grants in whole or in part at any time before the date of completion when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. The NPS may allow full credit to the State for the Federal share of the non-cancelable obligations, properly incurred by the grantee prior to termination. 5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the NPS be returned. D. Project Closeout 1. The State will determine that all applicable administrative actions, including financial, and all required work as described in the grant agreement has been completed by the end of the project’s period of performance. 2. Within 120 calendar days after completing the project or the Expiration Date of the period of performance, whichever comes first, the State will submit all required documentation for closeout as outline in the Manual, and Federal Financial Report (SF-425) as outline in Article IX of the Agreement, for approval by the NPS prior to requesting final reimbursement. 3. After review, including any adjustments, and approval from the NPS, the State will request through ASAP the final allowable payment of reimbursable costs. The State will submit a completed “LWCF Record of Electronic Payment” form to the NPS within 24 hours (before or after) of initiating the request for payment in ASAP. 4. The NPS retains the right to disallow costs and recover funds on the basis of later audit or other review within the record retention period. Page 88 of 233 Conflict of Interest Disclosure Form for Grantees: Updated February 2021 1 Conflict of Interest Disclosure Form for Grantees Conflict of Interest A conflict of interest occurs when a person has actual or apparent duty or loyalty to more than one organization and the competing duties or loyalties may result in actions which are adverse to one or both parties. A conflict of interest exists even if no unethical, improper or illegal act results from it. There are several types of conflicts of interest. Actual Conflict of Interest An actual conflict of interest occurs when a person’s decision or action would compromise a duty to a party without taking immediate appropriate action to eliminate the conflict. Potential Conflict of Interest A potential conflict of interest may exist if a person has a relationship, affiliation, or other interest that could create an inappropriate influence if the person is called on to make a decision or recommendation that would affect one or more of those relationships, affiliations, or interests. Individual Conflict of Interest A conflict of interest that may benefit an individual employee or a grant reviewer is any situation in which their judgment, actions or non-action could be interpreted to be influenced by something that would benefit them directly or through indirect gain to an immediate family member, business, or organization with which they are involved. Organizational Conflict of Interest A conflict of interest can also occur with an organization that is a grant applicant in a competitive grant process or grantee of a state agency. Organizational conflicts of interest occur when: •A grantee’s objectivity in carrying out the grant is impaired or compromised due to competing duties or loyalties •A grantee, potential grantee or grant applicant has an unfair competitive advantage through being furnished unauthorized proprietary information or source selection information that is not available to all competitors. Attachment D Page 89 of 233 Conflict of Interest Disclosure Form for Grantees: Updated February 2021 2 This section to be completed by Grantee’s Authorized Representative I certify that we will maintain an adequate Conflict of Interest Policy, and throughout the term of our agreement will report any actual or potential conflicts of interests by individual employees or our organization as a whole to the State’s Authorized Representative. Organization Name: City of Farmington Project Name: Rambling River Park Skatepark Development Project Number: LW27-01495 Authorized Representative Printed Name: Authorized Representative Signature/Date: Page 90 of 233 Requirements for DNR Grantees 1 Requirements for DNR grantees Effective date: January 31, 2026 The following policies apply to all DNR grants, except where specifically noted. These requirements are in addition to requirements in program-specific manuals. In case of any conflicts with an existing grant program manual, the stricter document will control. Questions about these requirements should be directed to the grant specialist for your grant program. Questions may also be directed to grantsteam.dnr@state.mn.us. When sending an email to this address, please include information on your grant funding source, program, and question. Admin’s Office of Grants Management policies Under Minn. Statutes, section 16b.97 subd. 2, the Minnesota Department of Administration is required to create general grants management policies and procedures applicable to all state agencies. Admin’s OGM implemented grant policies for the State of Minnesota. Please review OGM grant policies (select the Current Policies tab). Information especially relevant to grantees is summarized below. Unless otherwise noted, these policies do not apply to bonding grants and grants under Minn. Statutes section 16A.86 or section 16A.642. Grants conflict of interest (OGM Policy 08-01) All grantees must sign a conflict-of-interest disclosure form or certify they will disclose conflicts of interest when signing their grant agreements/grant award notifications. Grantees must also maintain a written standard of conduct covering conflicts of interest and governing the actions of their employees or board members engaged in the selection, award, and administration of contracts. State staff may request this written standard when conducting grant monitoring activities or if otherwise relevant. These requirements apply to all grants, including bonding grants and grants under Minn. Statutes section 16A.86 and section 16A.642. OGM Policy 08-01 states that a conflict of interest occurs “when a person has actual or apparent duty or loyalty to more than one organization and the competing duties or loyalties may result in actions which are adverse to one or both parties. A conflict of interest exists even if no unethical, improper, or illegal act results from it.” Per the OGM policy, there are several types of conflicts of interest: Actual conflict of interest An actual conflict of interest occurs when a person’s decision or action would compromise a duty to a party without taking immediate appropriate action to eliminate the conflict. Attachment E Page 91 of 233 Requirements for DNR Grantees 2 Potential conflict of interest A potential conflict of interest may exist if a person has a relationship, affiliation, or other interest that could create an inappropriate influence if the person is called on to make a decision or recommendation that would affect one or more of those relationships, affiliations, or interest. Individual conflict of interest A conflict of interest that may benefit an individual employee or a grant reviewer is any situation in which their judgement, actions, or non-action could be interpreted to be influenced by something that would benefit them directly or through indirect gain to an immediate family member, business, or organization with which they are involved. Organizational conflict of interest A conflict of interest can also occur with an organization that is a grant applicant in a competitive grant process or grantee of a state agency. Organizational conflicts of interest occur when: • A grantee’s objectivity in carrying out the grant is impaired or compromised due to competing duties or loyalties • A grantee, potential grantee, or grant applicant has an unfair competitive advantage through being furnished unauthorized proprietary information or source selection information that is not available to all competitors Use of grant contract agreements and grant award notifications (OGM Policy 08-04) All grants need a written grant contract agreement or grant award notification. State agencies cannot award a grant to a grantee that is on either the suspension or debarment lists for the state of Minnesota or the federal government. If a grantee becomes suspended or debarred, that may be cause for the State to cancel their grant. Grant agreements/GANs must contain a provision for the grantee to clearly post on the grantee’s website the names and contact information for the grantee organization’s leadership and the person(s) who directly manages and oversees the grant. A fully executed copy of the grant agreement or GAN and all relevant records must be kept on file for a minimum of six years from the end date, receipt, and approval of all final reports, OR the period of time required to satisfy all state and program retention requirements, whichever is later. Grantees must complete work in accordance with the terms and conditions of their grant agreement/GAN. Work not covered under the grant agreement/GAN will not be reimbursed without a prior amendment request. Page 92 of 233 Requirements for DNR Grantees 3 Public questions and comments concerning fraud and waste in state grants (OGM Policy 08-05) OGM will serve as the central point of contact for questions and comments about fraud and waste in state grants and about the violation of statewide grants policies. OGM will also respond to other public questions and concerns about state grants. Grant payments (OGM Policy 08-08) State agencies may not issue grant payments until the funds are encumbered, and the grant agreement is fully executed, or the GAN is completed. Reimbursement is the State’s preferred method for making grant payments. DNR grants operate on a reimbursement basis, unless the grant agreement/GAN contains explicit language specifying otherwise. Grantee reimbursement requests must correspond to the line items in the approved grant budget. Grant managers must review each reimbursement request against the approved grant budget, grant expenditures to date, and the latest grant progress report before approving payment. If grant managers see a discrepancy or have any questions about reimbursement requests and/or related documentation, they will follow up with the grantee. Any deviation from this policy must be approved by the agency wide grants manager prior to signing a grant agreement/GAN and must be in accordance with state laws and OGM policies. Grants in which the payment terms are defined in statute are not covered by this policy. DNR reimbursement procedures • Grantees must pay for project expenses before seeking reimbursement from the grant and should only request reimbursement for paid expenses. Expenses are reviewed and those deemed eligible are then reimbursed under the terms of the agreement/GAN with the State of Minnesota. • Grantees are not allowed to request reimbursement for invoices from a vendor that have not yet been paid by the grantee. Please also see the Proof of Payment section below. • Grantees can expect to be reimbursed within 30 days of the DNR receiving a complete and accurate reimbursement request. If documentation to process the request is missing, or the request has discrepancies or incorrect information, the 30-day clock does not start until all necessary information has been submitted to the DNR and the request has been deemed complete and whole. • The DNR will pay final reimbursement when the state determines that the grantee has satisfactorily fulfilled all the terms of their grant agreement/GAN, unless a grant term is altered or excluded by the DNR in writing. Grantees should keep the following documentation on file for monitoring and audit purposes: • Proof of payment of grant expenses (e.g. copies of cancelled checks, electronic bank statements, etc.) • Contracting/purchasing bidding documentation • Organization’s conflict of interest policy Page 93 of 233 Requirements for DNR Grantees 4 • Prevailing wage documentation (if applicable): project assessment form, certified payroll reports, etc. Grant progress reports (OGM Policy 08-09) Grantees are required to submit written progress reports at least annually until all grant funds have been expended and all the terms in the grant agreement/GAN have been met. Information requested in a grant progress report may include (but is not limited to): goals and objectives, activities, outcomes, challenges, lessons learned, and financial information. State agencies cannot make grant payments on grants with past due progress reports (unless the agency has given the grantee a written extension). Grant monitoring (OGM Policy 08-10) All state grants over $50,000 are required to have at least one monitoring visit before final payment is made. All state grants over $250,000 are required to have annual monitoring visits. In-person visits are preferred where possible, but telephone or virtual visits are also used where reasonable. The purpose of a monitoring visit is to review and ensure progress towards the grant’s goals, address any problems or issues before the end of the grant period, and build a relationship between the agency and grantee. For state grants over $50,000, state agencies must conduct a financial reconciliation of grantees’ expenditures at least once before final payment is made. A financial reconciliation involves reconciling a grantee’s request for payment for a given period with supporting documentation (e.g. purchase orders, receipts, payroll records, etc.) for that request. If previously reimbursed costs are found to be ineligible upon further review during monitoring (or at any other point during the grant period), repayment of those costs or other corrective action may be required. Proof of payment The State requires proof of payment documentation to ensure that funds are being provided on a reimbursement basis. The grantee must maintain proof of payment documentation and make it available when requested by the State. Proof of payment documentation may include: • A copy of a bank statement with photocopies of cleared checks • An electronic bank statement • A copy of cancelled checks or other certified financial records • Employee original time records and payroll documentation Cost share/required match For grants which require cost share or match, the requirements for documenting work completed or expenses incurred as match are the same as for expenses for which grantees are requesting reimbursement. The State may disallow otherwise-eligible costs for reimbursement if the grantee cannot provide proof of the expenses being used as match. Page 94 of 233 Requirements for DNR Grantees 5 For grants with in-kind match (i.e. non-cash donations of a good or service), grantees should provide documentation similar to a payment request. If the in-kind match is volunteer time, grantees will need volunteer logs and to show the calculation used to convert volunteer hours to time. If the in-kind match is something other than volunteer time (e.g. use of equipment, or donated materials), grantees must perform due diligence to determine how much the in-kind match would cost. For example, if the in-kind match is a land donation, the documentation should include an appraisal. If the in-kind match is use of equipment, the documentation should demonstrate a realistic cost for the type of equipment and amount of time. Legislatively mandated grants (OGM Policy 08-11) State agencies must manage legislatively mandated grants with the same level of oversight (including monitoring) applied to other state grants, while respecting and maintaining the legislative intent. Grantees for legislatively mandated grants must submit a work plan and budget. The grant agreement/GAN must be based on the legislation, the grantee’s work plan and budget, and negotiations between the state agency and the grantee. Grant amendments (OGM Policy 08-12) During the grant period, it may be necessary to make changes to the grant contract agreement/GAN. Generally, these modifications could include changes to the grant timeframe, to the scope of work, or to the budget categories. A formal grant contract amendment is required for any changes. Should a situation arise that requires any changes to the project, it is the grantee’s responsibility to communicate immediately with the DNR grants specialist. The purpose of grant amendments must be similar to the original purpose of the grant and the grantee duties should be within the scope of the original RFP/notice of grant opportunity/application. If an amendment is allowed, it must be fully executed before additional costs can be incurred. Contracting and bidding Competitive bidding needs to follow a fair and transparent public process. Grantees must not contract with vendors or subcontractors who are on the suspension or debarment lists for either the State of Minnesota or the federal government. Grantees must take all necessary affirmative steps to assure that targeted vendors from businesses with active certifications through the entities below are used when possible: • Minnesota Department of Administration’s Certified Target Group, Economically Disadvantaged, and Veteran-Owned Vendor List Page 95 of 233 Requirements for DNR Grantees 6 • Metropolitan Council’s Targeted Vendor list: Minnesota Unified Certification Program • Small Business Certification Program through Hennepin County, Ramsey County, and the City of St. Paul: Central Certification Program Grantees must maintain support documentation of the purchasing and/or bidding process utilized to contract services in their financial records, including support documentation justifying a single/sole source bid, if applicable. Grantees must retain the following documentation in the project file: • Copies of executed subcontract agreements • A copy of the request for proposal/request for quote, all submitted bids, and the bid tabulation (if applicable) • Written documentation that describes the rationale for selection of each subcontractor • Documentation of the contract/bid approval, if required by grantee internal controls (such as meeting minutes) This documentation may be reviewed during monitoring visits or when requested by the state. Contracting and bidding for political subdivisions of the state In addition to the general contracting and bidding requirements above, municipalities (defined in Minn. Statutes, chapter 471.345 subd. 1 as a county, town, city, school district, or other municipal corporation or political subdivision of the state authorized by law to enter into contracts) must also follow the Uniform Municipal Contracting Law. Contracting and bidding for non-governmental organizations In addition to the general contracting and bidding requirements at the beginning of this section, non- government organizations must follow the contracting policies/procedures below. Contracting and bidding for Tribal governments Tribal governments are subject to neither the Uniform Municipal Contracting Law nor the DNR contracting policies/procedures below. Tribal governments are subject to the contracting and bidding procedures of their own governance. Contracting and bidding thresholds and process • Services and/or materials that are expected to cost between $10,000 and $24,999 must be competitively awarded, based on a minimum of two verbal quotes or bids or awarded to a targeted vendor. • Services and/or materials that are expected to cost between $25,000 and $99,999 must be competitively awarded based on a minimum of three verbal quotes or bids. • Any services or materials that are expected to cost $100,000 or more must undergo a formal notice and bidding process. • Grantees must use an RFP/RFQ process to competitively select professional and technical services. Page 96 of 233 Requirements for DNR Grantees 7 • The advertisement for bid processes must allow for fair competition among potential qualified bidders. Prevailing wage Prevailing wage (Minn. Statutes, sections 177.41-177.45) is the minimum hourly wage employers must pay certain workers who work on construction and public works projects funded by state dollars. Prevailing wage includes the employer’s cost of benefits. Other prevailing wage information can be found at the Minnesota Department of Labor and Industry. Prevailing wage rules apply to any grant award of $25,000 or more that qualifies as a “project” per the following definition: Project: demolition, erection, construction, alteration, improvement, restoration, remodeling, or repairing of a public building, structure, facility, land, or other public work, which includes any work suitable for and intended for use by the public, or for the public benefit, financed in whole or part by state funds. “Project” also includes demolition, erection, construction, alteration, improvement, restoration, remodeling, or repairing of a building, structure, facility, land, or public work when the acquisition of property, predesign, design, or demolition is financed in whole or part by state funds (Minn. Statutes, section 177.42). If the award is $25,000 or more and contains activities in the work/accomplishment plan that qualify as a “project” per the definition above, prevailing wage rules in Minn. Statutes, sections 177.41-177.44 apply. If you are unsure if a project is subject to prevailing wage, ask the grant specialist for a copy of DLI’s Project Assessment Form. Grantees must complete the form and return it to the grant specialist. Once ready, the DNR grant specialist will submit it to DLI and copy the grantee on the e-mail. When prevailing wage applies, all bid requests and RFPs must state that the project is subject to prevailing wage to ensure that incoming bids have factored prevailing wage rates into their submittal. A prevailing wage form should accompany these bid submittals. Grantees must retain documentation in the project file either the prevailing wage forms, or a notice from DLI that the project is not subject to prevailing wage. Fraud reporting In addition to OGM policy, various state statutes govern reporting of suspected fraud or misuse of state dollars. State workers with information indicating that public resources (including public money) may have been used for an unlawful purpose must report that information. Any other person with such information is strongly urged to report that information. The DNR takes a “no wrong door” approach for reporting suspected fraud; essentially, the DNR encourages its workforce to report suspected fraud to any DNR supervisor or member of agency leadership, who will connect the person reporting to the correct contact or procedure, as needed. All state agencies are required to report suspected fraud cases to the Department of Revenue for tax fraud investigation, in addition to referring all allegations of suspected fraud to the Office of the Legislative Auditor and the Minnesota Bureau of Criminal Apprehension’s Financial Crimes and Fraud section Page 97 of 233 Requirements for DNR Grantees 8 (mnfraud.bureau@state.mn.us or 651-739-3750). Grantees may report suspected fraud directly to these agencies, as well, or to their DNR grant manager or any DNR employee. Requirements for working on state land When working on state land, grantees must follow all applicable policies and requirements of that land. Grantees should work with the appropriate management staff for the state land to determine these requirements. Insurance is required to do work on state land, following the requirements of Admin. Audits Under Minn. Statutes, chapter 16B.98 subd. 8, the state (the grantmaking agency, state auditor, attorney general, legislative auditor, Admin, etc.) has the right to perform programmatic or financial audits of the grantee. The grantee’s books, records, documents, and accounting procedures and practices relevant to the grant are subject to state examination for a minimum of six years from the expiration or termination of the grant agreement/GAN, receipt and approval of all final reports, or the required period of time to satisfy state and program retention requirements, whichever is later. This provision is also included in grant agreements/GANs. Records retention Grantees must maintain a file for each project with all project agreements, correspondence, and the records pertaining to project expenses requested for reimbursement. Project records are required for monitoring/audit purposes and must be readily available for review. As with all provisions of the grant agreement/GAN, if the state finds a failure to comply, the State may take action, including immediate termination of the grant agreement/GAN with cause, refusal to disburse additional funds, and/or requiring the return of all or part of the funds already disbursed. All records related to the project must be retained for a minimum of six years from the grant agreement/GAN end date, or the receipt and approval of all final reports, whichever is later. Some grant funds require permanent retention of the grant records, and in those cases, that requirement supersedes the six-year standard. Data practices • Grantees must comply with the Minnesota Government Data Practices Act as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the grantee under their grant agreement/GAN. If a grantee receives a request to release this data, the grantee must immediately notify the State. Following this notification, the State will provide instructions to the grantee concerning the release of data. • Grantees should instruct and train their staff regarding the governing privacy and data practices provisions; maintaining data in a secure manner; and limiting access to work duties and assignments. Page 98 of 233 Requirements for DNR Grantees 9 • Grantees must mitigate risks associated with the unauthorized access or data breach and report to the DNR any real or perceived security or privacy incident regarding any private data in accordance with MGDPA. • Grantees are not permitted to use private data with artificial intelligence services unless it is approved through the DNR/Minnesota IT vendor security risk and compliance process. AI services are reviewed and verified through a process that includes understanding the AI’s training, ownership of data and level of security. Page 99 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Nate Siem, Police Chief Department: Police Subject: RFQ for Police Department Expansion and Remodel Project Meeting: Regular Council - Jun 15 2026 INTRODUCTION: The City is preparing for the Police Department Expansion and Remodel Project and seeks to procure Construction Management at Risk (CMAR) services. The proposed project will address long-term facility needs, deferred maintenance, operational efficiencies, and future growth of the Police Department. Staff, in coordination with BKV Group, has prepared a Request for Qualifications (RFQ) to solicit qualified CMAR firms to assist with preconstruction services, project budgeting, scheduling, constructability review, and eventual construction management of the project. DISCUSSION: The Farmington Police Department facility, located at 19500 Municipal Drive, was constructed in 2001 and is approximately 15,000 square feet. The proposed project will address facility needs identified through the City's planning process and include expanded workspace, a 30-stall indoor vehicle garage, additional locker room facilities, staff wellness spaces, training and community meeting space, fitness facilities, roof replacement, and building system upgrades. The project will also address deferred maintenance needs related to HVAC, plumbing, and electrical systems. Minnesota Statute 471.463 allows public entities to utilize the Construction Manager at Risk (CMAR) delivery method. Under this approach, the selected CMAR firm collaborates with the City and design team during the design phase to provide cost estimating, scheduling, value engineering, and constructability expertise. The CMAR later assumes responsibility for delivering the project under a Guaranteed Maximum Price (GMP). The selected CMAR will be prohibited from self-performing construction work and will be required to competitively bid all subcontracted work. The RFQ establishes the first step of a two-phase selection process. Following evaluation of qualifications, two to five firms will be shortlisted and invited to submit detailed proposals through a Request for Proposals (RFP) process. Staff anticipates returning to the City Council with a recommendation for contract negotiations following completion of the selection process. Page 100 of 233 BUDGET IMPACT: Issuance of the RFQ does not authorize construction expenditures but initiates the procurement process necessary to advance the project. ACTION REQUESTED: Motion to authorize Staff to issue the Request for Qualifications (RFQ) for Construction Manager at Risk (CMAR) services for the Police Department Expansion and Remodel Project and proceed with the consultant selection process. ATTACHMENTS: CMAR RFQ-Farmington Police Expansion-26-0617-v2 Page 101 of 233 Page 1 of 16 REQUEST FOR QUALIFICATIONS (RFQ) CONSTRUCTION MANAGEMENT at RISK (CMAR) SERVICES FOR CITY OF FARMINGTON, MN POLICE DEPARTMENT REMODEL & EXPANSION June 17, 2026 Page 102 of 233 City of Farmington Police Department Remodel & Expansion – CMAR RFQ Page 2 of 16 TABLE OF CONTENTS A. Introduction 3 B. Background and Nature of Project 3 Project Overview 3 Project Organization 4 Project Process 4 Project Budget 4 Tentative Project Schedule 5 C. Scope of Services to be Provided 5 Preconstruction 5 Construction and Post-Construction 8 D. RFQ Information, Qualification Evaluation Criteria 9 Questions and Inquiries 9 Schedule of Critical Dates 10 E. Qualifications Response Requirements 10 F. Qualifications Evaluation and CMAR Selection Process 13 Overview of RFP Phase of Final CMAR Selection 13 G. General Provisions 13 Page 103 of 233 City of Farmington Police Department Remodel & Expansion – CMAR RFQ Page 3 of 16 A. INTRODUCTION 1. The City of Farmington, MN (Owner) is interested in receiving qualifications from firms that possess qualifications to provide Construction Management at Risk (CMAR) services for a proposed remodel and expansion of the Police Station located at 19500 Municipal Drive. 2. The Selection of the CMAR will be done through a two-step process: a. In the first step, the Selection Committee will evaluate the qualifications of each respondent using uniform criteria (Section F below) and choose a short-list of two (2) to five (5) respondents as “CMAR finalists”. b. In the second step, the short-listed respondents will be solicited to submit a proposal responding to a Request for Proposal (RFP) CMAR services. The Selection Committee will score each respondent’s proposal based on RFP published criteria and interview up to the three (3) highest scoring respondents. 3. The Selection Committee is comprised of the City Administrator, Chief of Police, Police Administrative Captain, Building Official, Finance Director, Facilities Director, and Architect of Record (BKV Group). 4. The Owner will enter contract negotiations with the highest-scoring respondent. 5. The award of a contract to the selected CMAR will be subject to the CMAR and Owner agreeing to a Guaranteed Maximum Price (GMP) for the Project work, as per the Construction Documents. 6. The Owner will use Owner-modified AIA Document A133-2019 and A201-2017, as the form of agreements between Owner and the selected CMAR. A copy of the Owner-modified AIA A133 will be provided with the Request for Proposals solicitation. B. BACKGROUND AND NATURE OF PROJECT Project Overview The Farmington Police Department is located at 19500 Municipal Drive. The facility was constructed in 2001 and has experienced only minor renovations and maintenance projects since then. The facility is one-story and approximately 15,000 square feet. A recent site improvement project was completed which included adding security fencing and gates around the site. In May 2026, the City hired BKV Group to be the Architect of Record for the Project. Core goals to address with this Project include: • Meeting the 2046 Police Department space needs as developed with the Architect, including: o 30-stall indoor garage for Police fleet and equipment o Additional office and workspace to accommodate staffing changes Page 104 of 233 City of Farmington Police Department Remodel & Expansion – CMAR RFQ Page 4 of 16 o Additional locker room space o Improvements to staff wellness and support functions o Shared multi-use training space for City staff and community meetings o Shared fitness room o Roofing replacement • Address deferred maintenance– HVAC system, plumbing, electrical– for cost effective improvements or replacement. Project Organization Owner Project Lead/Responsible Party: The following individual is responsible to lead, coordinate, direct, and oversee this project in whole: Chief Nate Siem Farmington Police Department 19500 Municipal Drive Farmington, MN 55024 Project Committees The selected Construction Manager will work with a Project Executive Committee (PEC) that includes staff from the Police Department, City Administration, Architectural & Engineering team, and sub-committees from the Police Department. Project Process The Owner will contract separately for services related to furniture, fixtures, and equipment (FFE), surveying, geotechnical engineering, HVAC and building envelope commissioning, and special inspections. Work contracted separately by the Owner shall be coordinated by and with the Construction Manager to align with the project schedule and other construction activities. Project Budget The City has established the following project budget: Funding Description CIP Budget G.O. Bonds Building Expansion and Remodel $16,000,000* *These budgets are for delivery of the project (cost of work) including AV, security, and low- voltage; exclusive of soft costs (fees and inspections) and Owner provided FFE. Page 105 of 233 City of Farmington Police Department Remodel & Expansion – CMAR RFQ Page 5 of 16 Tentative Project Schedule Project Phase Schedule Space Programming May – June 2026 Schematic Design Phase June – July 2026 Design Development Phase August - October 2026 Construction Documents Phase October – January 2027 Bidding and CMAR GMP January – February 2027 Construction & Closeout Phases Spring 2027 – to be confirmed with selected CMAR C. SCOPE OF SERVICES TO BE PROVIDED The services to the Owner may include multi-phased or multiple bid packages and have complicated scheduling and coordination issues. The CMAR will assist the Owner and Architect to determine the best process for the project, to include scheduling and bid packaging opportunities. The selected Construction Manager will not be allowed to self-perform any work. PRECONSTRUCTION During pre-construction, the CMAR shall actively participate with the Owner, the Architect, and other design consultants in completing the Construction Documents. Additionally, the selected CMAR is expected to help define and prioritize the scope of work within the allocated budgets while working collaboratively with the Architect from Schematic Design through the completion of the Construction Documents phase. The Preconstruction phase services include, but are not limited to, the following: • Evaluate and assess the project program, schedule, and construction budget established by Owner and Architect. • Engage actively with Owner, Architect, and other design professionals in a manner that encourages and supports collaboration, cooperation, open communication, and trust. • Attend and participate in regular planning and design meetings to advise Owner of compatibility of the project’s program, costs, and schedule. • Actively participate in the design team meetings as required to facilitate and advance the design process. • Provide information, suggestions and assessments requested or required by Owner and/or Architect to facilitate decision making with the project team which are intended to Page 106 of 233 City of Farmington Police Department Remodel & Expansion – CMAR RFQ Page 6 of 16 deliver the utmost quality in construction, utilizing sustainable materials and practices, all within the allocated budget and schedule. • Provide information, suggestions, and assessments requested or required by the subcontractors, and gather input regarding constructability specific to trade expertise and industry conditions. • Assist to educate Owner in maintenance and operations protocol to be expected for proposed building systems and assemblies. The information and education provided should assist decision making in the decision-making process. • Identify sustainable strategies and alternatives that are feasible and financially appropriate for the project budget and intent; as part of this, participate in life cycle analysis to assist project team. • Collaborate with and make recommendations to Owner and Architect on development of scope of work, division of work, and subcontractor lists as early as feasible to promote maximum participation of subcontractors and suppliers. Actively engage the subcontractor market to increase interest in the project. • Develop and maintain a risk management plan to identify and manage (qualitatively and quantitatively) the probability and impact of risk throughout the Project, including the use of a risk matrix in a form acceptable to Owner. • Thoroughly evaluate the design plans and project specifications for completeness, constructability, maintainability, problems and or other errors, etc.; review project drawings and specifications to eliminate areas of conflict, gaps in work and /or overlap in the work to be performed by subcontractors. • Provide written comments and discuss outcome of such reviews with Owner and Architect at 100% SD phase, 100% DD and 60% CD Phases. Budget • Assist in maintaining the overall project budget with Owner for all activities from Design through occupancy. • Develop and maintain a budget management plan to identify and manage (qualitatively and quantitatively) the probability and cost impacts throughout the project, including use of a tool/matrix in a form acceptable to Owner. • Advise Owner of ways to achieve efficiencies in project delivery and costs, identify and evaluate alternative materials, systems and methods as may be requested or required by Owner and or A/E to increase cost-effectiveness of the design, reduce the construction schedule and increase the project value to Owner. • Assist the Owner with determining the potential impact to schedule and cost to determine decision if the Police Department maintains operations at the facility during construction or relocates and vacates the building during construction. • Conduct on-going value-engineering services to identify value-based cost options that will improve quality and value while achieving the A/E’s design within the project budget. • Provide long-lead procurement studies and initiate early procurement of long-lead items. • Prepare, as requested by Owner, detailed cost-estimate reports (anticipate (4) four – 100% SD, 100% DD and 60% CD) for the construction of the project; conduct reviews of Page 107 of 233 City of Farmington Police Department Remodel & Expansion – CMAR RFQ Page 7 of 16 such estimates with Owner and Architect to determine reasonableness of the project design and budget. • Consult with Owner and Architect on circumstances which may indicate construction costs in excess of the available Budget; provide recommendations for alternatives to be considered to either align construction costs with the available construction budget or to reconcile cost estimates with Architect estimates. • Provide information, suggestions, and assessments requested or required by Owner and/or Architect on allowances, unit price, and alternate opportunities. Schedule • Develop, collaborate, and maintain the overall project schedule with Owner for all activities from design through occupancy. • Provide information regarding the availability of materials and labor, provide information on procurement of materials and equipment which have long lead times, and other factors which impact the time of construction. • Assist Owner in planning the move-out, deconstruction, construction, owner vendor work, turnover, move-in, owner training, and opening of the project to determine optimal phasing. • Develop and maintain a detailed critical path method (CPM) schedule that identifies all design activities, permits, and all other activities required to be completed before construction activities. • Collaborate with Owner and Architect to identify and evaluate opportunities to accelerate the construction schedule through early bid packages; assess related risks and benefits. • Provide constructability review and planning with Owner that includes site planning, phasing, staging and logistics to ensure appropriate staff and public access, safety, and security. • File construction documents with the applicable code officials and authorities, while monitoring and seeking expedited approvals during the permitting process. • Obtain all permits, including sewer access charges (SAC) and water access charges (WAC); administer utility locate and relocate services. Subcontractor Procurement • Provide an open, competitive, and objective subcontractor pre-qualification process for approval by the Owner, and instructions to align with Architect and Owner’s Division 0, Division 1, and technical CSI specifications. • Recommend prequalification criteria and generate list of prequalified subcontractors and materials suppliers, including strategies to promote and maximize small-business participation among subcontractors and suppliers from the local area. • Prepare bid packages for advertising and bidding instructions; prepare bid solicitation documentation for all trades, and solicit bids from subcontractors using an open, competitive, and objective bidding process approved by the Owner. • Respond to all requests for information or questions from prospective subcontractors regarding bid packages. • Conduct pre-bid conferences, in coordination with Owner and Architect. Page 108 of 233 City of Farmington Police Department Remodel & Expansion – CMAR RFQ Page 8 of 16 • After contracts are awarded, provide Owner with a GMP using the standard Exhibit A to Owner-Modified AIA Document A133-2019. GMP is to be itemized by CSI division of work to enable Owner and Architect to assess all cost for the work. CONSTRUCTION AND POST-CONSTRUCTION During the construction phase, the CMAR will assume the responsibilities similar to those of a general contractor as set forth in the Owner-Modified AIA Document A133-2019 and A201. The CMAR must assume the risk of delivering the project through a fixed GMP accepted by Owner. Construction and Post-Construction Phase services include, but are not limited to, the following: • Upon execution of the GMP amendment to the contract, assume the responsibility and risk of delivering the work in accordance with the contract requirements within the GMP. • Address all federal, state and city permitting requirements; coordinate all inspection and testing as required by the project and the authorities with jurisdiction. • Obtain necessary permits for disposal of construction and demolition waste and disposal of materials in accordance with state laws. • Implement a formal Safety Plan. • Establish and maintain a cloud-based project communication and documentation site with internet-based project-management software for administrative functions that include process for plan reviews, purchase orders, change orders, payment applications, requests for information, and document and schedule management. • Manage the construction budget and identify changes as 1. owner directed, 2. unforeseen conditions or 3. A/E errors and omissions. • Manage the detailed CPM schedule and the GMP documentation. • Provide change order and contingency fund request, Owner expenditure approval and control methods, including use of a cost-control matrix in a form acceptable to Owner, update owner and Architect regularly on status of the construction contingency. • Manage and coordinate all trade contractors, their subcontractors and others engaged in the performance of the work. • Coordinate all Owner vendors or contractors engaged in the performance of the work. • In collaboration with Architect, provide BIM coordination to assist shop drawing accuracy and production prior to submitting for Owner and Architect review. • Actively participate in the submittal review meetings as required to facilitate and advance the review and approval process. • Continuously supervise and observe all work in progress to ensure that it proceeds in accordance with the construction contract documents; and provide monthly updated detailed CPM Schedules. • Coordinate Owner, Architect, Engineer, Contractor construction meetings and prepare meeting minutes for those meetings; all meetings to be held at a location and time convenient to Owner. • Furnish monthly reports to Owner with cost and schedule status that include the progress of the work which address: Page 109 of 233 City of Farmington Police Department Remodel & Expansion – CMAR RFQ Page 9 of 16 1. Compliance with the construction schedule. 2. Site and building logistics plan. 3. Status of testing and inspection activities performed by the CMaR and subcontractors. 4. Status of shop drawings and submittals. 5. Status of change orders. 6. Work force participation. 7. Subcontractor expenditures. 8. Status of Owner’s vendor and 3rd party commissioning agents. 9. Other matters related to the progress of the work. • Maintain construction field documents and provide updated copies to A/E. • Coordinate all inspections and testing required by the project and Owner’s 3rd party testing, building systems, and building envelope commissioning agents. • Determine when each CMAR subcontractor’s work is substantially completed and prepare a list of incomplete work and work which does not conform to the requirements of the construction documents. • Develop and implement procedures for orderly completion of punch list items, checkout of utilities, operational systems and equipment and initial startup. Ensure full performance and conformance of all testing, training, and commissioning log(s) resolutions along with closeout requirements. • Prepare a punch list for review by Architect prior to substantial completion. • Prepare and deliver approved shop drawings, warranties, as-built drawings, and maintenance manuals; administer closeout of the project. • Ensure performance of all warranty obligation, resolution of all claims, and other post construction requirements. • Assist Owner in the turnover, move-in and building opening. • Cooperate with Owner’s construction cost auditor; furnish all requested cost documentation; assist Owner in submittals and data required for tax incentives. • Demonstrate and train Owner’s maintenance personnel prior to submitting certificate of contract completion. Actively support and participate in one year warranty walk with Owner and Architect. D. RFQ INFORMATION, QUALIFICATION EVALUATION OVERVIEW Questions and Inquiries Questions and inquiries regarding this RFQ should be directed to: Name: Michael Healy Project Manager, BKV Group Email: mhealy@bkvgroup.com (Preferred method of contact) Phone: 651-955-7555 Please do not direction questions regarding this RFQ to the City. Page 110 of 233 City of Farmington Police Department Remodel & Expansion – CMAR RFQ Page 10 of 16 The City reserves the right to disregard questions received after the date and time noted below. A copy of all written questions submitted, with responses, will be e-mailed to the contact person for each firm by 4:00 p.m. on July 1, 2026. Schedule of Critical Dates CMAR Item RFQ Date Request for Qualifications Issued June 17, 2026 Pre-Qualification Tour of Police Department (Mandatory) June 24, 2026 @ 8:00 am Questions Regarding RFQ due prior to June 29, 2026 @ 4:00 p.m. Answers to Questions Regarding RFQ July 1, 2026 RFQ Submittals due prior to July 7, 2026 @ 4:00 p.m. Notify Short-listed firms for RFP July 15, 2026 RFP due prior to July 23, 2026 @ 2:00 p.m. Notify CMAR firms to be interviewed July 29, 2026 Interview of CMAR firms August 5, 2026 (afternoon) City Council Approve Contract Negotiations / Award August 18, 2026 E. QUALIFICATIONS RFQ RESPONSE REQUIREMENTS Your Qualifications should be a demonstration of your ability to communicate concisely and succinctly. Proposals are to be organized in the same sequence as outlined below and sections should be tabbed and clearly identifiable. Failure to include requested information may have a negative impact on the evaluation of the Qualifications. The minimum contents are as follows: 1. Cover Letter • Legal Name of Firm, address, and phone number. • Name, title, address, telephone number, and email of contact person during the period of proposal and/or contract evaluation. • Type of business organization. • Confirmation of receipt of any Addenda to the RFQ. • Confirm ability to start project as noted in the included timeline. • Signature of a person authorized to bind the offering firm to the terms of the proposal. Page 111 of 233 City of Farmington Police Department Remodel & Expansion – CMAR RFQ Page 11 of 16 2. Surety and Insurance • Confirm ability to meet the following insurance requirements: Commercial General Liability Limits Per Occurrence $1,000,000 Annual Aggregate (per project/per location) $2,000,000 Annual Aggregate for Products, & Completed Operations $2,000,000 Fire Damage $50,000 Medical Expenses $5,000 Contractors Pollution Liability Per Occurrence $2,000,000 Aggregate $2,000,000 Employers Liability Bodily Injury Accident $1,000,000 Bodily Injury by Disease Aggregate $2,000,000 Bodily Injury by Disease per Employee $100,000 Other Coverage Automobile Liability (Combined Single Limit) $1,000,000 Umbrella or Excess Liability may be used to supplement Respondent’s policy limits to satisfy full policy limits required above Workers’ Compensation Statutory Additional Insured-Primary/Non-Contributory, to the extent permitted by law, for both ongoing and completed operations. Yes Builder’s Risk - “All Risk” Construction Cost Professional Liability Per Occurrence $1,000,000 $1,000,000 Aggregate $2,000,000 $2,000,000 • Confirm ability to obtain a surety bonds with a minimum of $18M bonding for this project. • Explanation of measures taken to protect against subcontractor work default and subcontractor nonpayment claims. 3. Firm, Experience and References • Provide at least three examples of previous comparable projects in scale and nature completed in the last five (5) years, while acting as Construction Manager at Risk. • Provide Project name, project size in GSF, total project cost in dollars, project type. • Highlight which projects are local that the PEC could tour as example facilities. • Provide references for each project including name of contact, title, and phone. Proposers may provide preprinted brochures or other literature you feel will be helpful in understanding your firm’s unique capabilities and experience. Do not include this material in the body of your proposal. Page 112 of 233 City of Farmington Police Department Remodel & Expansion – CMAR RFQ Page 12 of 16 4. Project Team and Team Member Experience • Provide an organizational chart showing involvement and correlation of project key members including Senior Project Manager, Project Manager, Site Superintendent, and Safety Director. • Experience/Resume of Team Members to be assigned to this project: o Name o Email Address o Firm Name o Firm Location o Professional Licensure(s), Education, and Professional Affiliations o Number of years working for current firm and total number of years of professional work experience. o Job title/role for this project o Percent time on this project o Number of projects completed with other team members o Recent experience on similar projects and responsibilities for those projects. 5. Safety Program and Record • List your workers’ compensation EMR for the last 3 years. • Has your firm had any accidents which resulted in construction fatalities on any of your construction sites in the last 5 years? If so, please provide details. If not, this should be noted. • Has your firm received from OSHA any willful or repeated safety citations for which a final order has been issued within the last 5 years? • For the past five years please provide details of alleged violations associated with penalties and corrective action taken on your project sites as a result of inspections by OSHA, other applicable health and safety agencies and any environmental agencies. 6. Submission of Qualifications Five (5) bound copies of the proposal must be delivered by 4:00 p.m. on July 7, 2026, to the Assistant City Administrator (David Chanski) at Farmington City Hall located at 430 3rd Street, Farmington, MN 55024. No late submissions will be accepted. Proposals should be addressed to: David Chanski Assistant City Administrator 430 3rd Street, Farmington, MN 55024 Page 113 of 233 City of Farmington Police Department Remodel & Expansion – CMAR RFQ Page 13 of 16 F. QUALIFICATIONS EVALUATION AND CMAR SELECTION PROCESS The Selection Committee will review all responses received by the deadline for completeness, including all required signatures and requested data. Any response deemed incomplete will be rejected. All responses deemed complete will be evaluated on the following factors: Criteria Points Respondent firm’s experience with comparable projects including its ability to complete the projects on time and within budget as CMAR 40 Key Project Staff experience, past performance, technical competence, capacity, and capability to perform as CMAR 35 References 15 Respondent Firm’s safety record 10 Total Available Points 100 The Selection Committee will score each complete response by applying the above criteria, without interviews, looking for information relating to experience as CMAR. Owner may request additional or clarifying information from respondents, as necessary. Two (2) to five (5) of the highest-scoring respondents will comprise a short-list of firms (CMAR finalists) that will be solicited through an RFP to submit a proposal for CMAR services for the project(s). When the qualifications review process is complete the Owner will notify all respondents. Overview of RFP Phase of Final CMAR Selection The Selection Committee will score each proposal received from the RFP according to its stated evaluation criteria. The RFQ and RFP scores will be combined in this phase. Up to three (3) highest scoring proposers from the combined RFQ and RFP score will be invited to interview with the Selection Committee. The Selection Committee will determine a final score after the interviews. The highest-overall scored firm will be invited to enter into contract negotiations with Owner. G. GENERAL PROVISIONS Specific obligations of the CMAR described in this RFQ and in the RFP will be included in the final negotiated agreement between Owner and the selected Construction Manager at Risk. Duration of offer Proposals submitted in response to this RFQ are valid for ninety (90) days following the date of submission on proposals. This period may be extended by written mutual agreement between Owner and the respondent. Page 114 of 233 City of Farmington Police Department Remodel & Expansion – CMAR RFQ Page 14 of 16 Maximum Participation of Qualified Subcontractors The prequalification criteria must not consider the collective bargaining status of the subcontractor. The selected CMAR must follow Section 471.463 subd. 5 which requires the selected CMAR to procure subcontractors for the project work, with the City, through prequalification and in an open, competitive, and objective manner. The CMAR will be responsible for bidding out project work and entering into contracts with its subcontractors. The City must approve the procurement process. The selected CM will not be allowed to self-perform any work. Equity in Procurement – Subcontracting Requirements & Workforce Goals The selected CMAR must comply with Owner’s requirements for payment of prevailing wages and bidding of all trade/subcontracted work. These requirements will be described in Article 13 of Owner modified AIA Document A201-2017 General Conditions of the Contract for Construction. Completion of RFQ Responses An RFQ Response Package may be rejected if it is conditional; incomplete; contains conflicting, false, or misleading statements; or provides references that contradict or do not support an attribute or condition stated by the Respondent. Laws and Regulations Any and all services, articles or equipment offered and furnished shall comply fully with all State and federal laws and regulations, including Minnesota Statutes, Section 471.463. Government Data Practices A Qualifications Submittals Package or Proposal submitted to Owner is subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Such information is public unless it falls within one of the exceptions in the Act, such as security information or trade secret information pursuant to Minnesota Statutes, Section 13.37. If a Respondent believes any nonpublic information will be supplied in response to this RFQ, it must take reasonable steps to identify and provide reasonable justification to Owner regarding which data, if any, falls within an applicable exception under the Minnesota Government Data Practices Act. However, the Respondent agrees as a condition of submitting a Qualifications Submittal Package or a proposal that Owner will not be held liable or accountable for any loss or damage which may result from a breach of confidentiality or other disclosure as may be related to the submitted documents. The Respondent agrees, by submitting a Qualifications Submittal Package or proposal, to indemnify Owner from any liability resulting from any and all third-party claims and/or losses which may arise as a result of the disclosure of, or failure to disclose, information. Disposition of RFQ and RFP Responses All materials submitted in response to this RFQ and RFP will become property of Owner and will become a public record in accordance with Minnesota Statutes, Section 13.591, after the evaluation process is completed. Owner will not consider the prices submitted by a Respondent to be trade secret materials. Page 115 of 233 City of Farmington Police Department Remodel & Expansion – CMAR RFQ Page 15 of 16 Rights Reserved by Owner Notwithstanding anything to the contrary, Owner reserves the right to: • Negotiate any aspect of a proposal with any Respondent and negotiate with more than one Respondent. • Select for CMAR contract negotiation a proposal that is not the lowest cost. • Terminate negotiations with the highest scoring CMAR candidate if contract negotiation impasse is reached and negotiate with the next highest-scored Respondent, terminate this process, and prepare a new RFQ and RFP, or take such other action as Owner deems appropriate if negotiations fail to result in a successful contract. • Add subsequent or withdraw or reduce work packages to or from the CMAR’s contract when they are defined and funded. Qualifications and RFP Submittal Content The contents of responses to this RFQ and RFP of the selected CMAR will become contractual obligations, along with the final contract. Organizational Conflict of Interest The Respondent warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons or organizations: • A Respondent is unable, or potentially unable, to render impartial assistance or advice to Owner; • The Respondent’s objectivity in performing the work is or might be otherwise impaired; • The Respondent has an unfair competitive advantage. The Respondent agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to Owner, which shall include a description of the action the Respondent has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, Owner may, at its discretion, cancel the contract. In the event the Respondent was aware of an actual or perceived organizational conflict of interest prior to the award of the contract and did not disclose the conflict to the Contracts Administrator. The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms “Contract” and ”Contracts Administrator” modified appropriately to preserve Owner’s rights. Owner may, in its sole discretion, waive any conflict of interest. Addenda to RFQ Any Addendum issued will become part of the RFQ. Owner may modify or clarify the RFQ by publishing one or more addenda. Addenda will be numbered consecutively in the order they are issued. Respondents will be responsible for meeting the requirements of all addenda and will be required to acknowledge in their response their review of all addenda Page 116 of 233 City of Farmington Police Department Remodel & Expansion – CMAR RFQ Page 16 of 16 Acceptance of Qualifications Submittal Content The contents of this RFQ and the Responses of the successful Respondent will become contractual obligations, along with the final contract. Owner is solely responsible for rendering the decision in matters of interpretation of all terms and conditions. Contract The City will utilize Owner-modified AIA Document A201-2017 for the CMAR contract. End of Document Page 117 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Joint Powers Agreement with Dakota County for Traffic Signal Replacement at the CSAH 31 and CSAH 50 Intersection Meeting: Regular Council - Jun 15 2026 INTRODUCTION: The Vita Attiva at South Creek First Addition final plat was approved by the City Council on August 16, 2021. The Development Contract for this subdivision was executed by the City on October 5, 2021. Per the terms of this contract, among other things, the developer is responsible for the installation of Pilot Knob Road from CSAH 50 to Spruce Street. This work is now underway. The developer is also responsible, via an escrow deposit, for costs related to the design of the traffic signal upgrades at CSAH 50/CSAH 31 (Pilot Knob Road). A Joint Powers Agreement (JPA) must be executed with Dakota County to proceed with the bidding and construction of the new traffic signal. DISCUSSION: consultant, city a by completed been has work design signal traffic This addressing/incorporating comments from Dakota County. The work involves complete replacement of traffic signal system incorporating the fourth (south) leg of Pilot Knob Road. Pilot Knob Road south of the intersection will be a city roadway until such future time as a jurisdictional change to the county is appropriate. Dakota County has prepared a Joint Powers Agreement (JPA) for City consideration. The City Attorney has reviewed the proposed JPA and has no further changes. In case minor changes arise, JPA approval is subject to the City Attorney's final approval. Key aspects of the JPA include:  The City shall be the lead agency for design and construction of the Project.  All construction will be in accordance with applicable State Aid, Dakota County and City standards.  The cost participation for traffic signal revisions will be in accordance with adopted Cost Share Policy F.4 Cost Participation - Traffic Signals.  The County’s share is 75 percent (three approach legs under county jurisdiction), and the City’s cost share is 25 percent (one approach leg).  Updated cost estimates will be provided in a timely manner.  After the construction contract has been awarded, the City shall invoice the County Page 118 of 233 95% of the County’s estimated construction costs based on awarded contract amount.  The City will act as the paying agent for all payments to the Contractor. Payments to the Contractor will be made as work progresses and when certified by the City Engineer.  Upon completion, the City will reconcile the final contract amount and invoice the County for any additional amount owed under the JPA. Dakota County has requested that the JPA be signed and executed prior to bidding, they acknowledge that the costs in the JPA are estimates they have provided. Actual costs of the low bidder will be used for administration of the agreement. BUDGET IMPACT: 2040 County the with accordance Dakota funding provide will in County The Transportation Plan (July 2021) cost participation policies F.1 through F.19; a copy of these policies is attached. Specifically, the Replacement and Modernization language within Policy F.4 Cost Participation - Traffic Signals applies: Dakota County 75% $ 596,748.00 City of Farmington 25% $ 137,450.00 Total Cost 100% $ 734,198.00 The City's cost share is eligible for Municipal State Aid Construction Funds which will be requested upon contract award. ACTION REQUESTED: Joint Powers Agreement with Dakota County for Traffic Signal Replacement at the CSAH 31 and CSAH 50 Intersection subject to final review by the City Attorney. ATTACHMENTS: CITY OF FARMINGTON - JPA - DCA23959 - FINAL 2040 Transportation Plan F.1 thu F.19 Page 119 of 233 Dakota County Contract #DCA23959 CP 31-113 JOINT POWERS AGREEMENT FOR PRELIMINARY ENGINEERING/FINAL DESIGN ENGINEERING/CONSTRUCTION/MAINTENANCE, AND COST PARTICIPATION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF FARMINGTON FOR DAKOTA COUNTY PROJECT NO. 31-113 CITY PROJECT NO. 184646 SYNOPSIS: Dakota County and the City of Farmington agree to design engineering, construction, maintenance, and cost share of the aging traffic signal system replacement at County State Aid Highway (CSAH) 31 and CSAH 50 West junction intersection in the City of Farmington. Page 120 of 233 Dakota County Contract #DCA23959 CP 31-113 Page | 2 THIS JOINT POWERS AGREEMENT (“Agreement”), is made and entered into by and between the County of Dakota ("County"), a political subdivision of the State of Minnesota, and the CITY of FARMINGTON ("City"), a municipal corporation existing under the laws of the State of Minnesota, hereafter collectively referred to as “Parties”, and individually as “Party”, and witnesses the following: WHEREAS, under Minnesota Statutes sections 162.17, subd. 1 and 471.59, subd. 1, two governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, to provide a safe and efficient transportation system, the County and the City are proceeding with County Project 31-113 and City Project 184646; and WHEREAS County Project 31-113 (the “Project”) will include reconstructing the signal with new poles, ADA compliant ramps, Accessible Pedestrian signals, new controller/cabinet, flashing yellow arrow indications, and battery backup capabilities. These revisions will improve vehicle delay and safety, as well as allow flexibility of the left-turn operations to improve pedestrian crossing safety and vehicle interactions at the intersection. Additionally, battery backup improvements will ensure the signal will operate safely and effectively in the case of power outages.; and WHEREAS, to more efficiently deliver the Project, the County and the City mutually desire to partner with one another in exercising their joint powers to complete preliminary and final design, and maintenance of the Project, as well as to determine each parties’ respective share of Project costs; and WHEREAS, the County and City have included the Project in their Capital Improvement Programs and will jointly participate in the costs of said final design engineering, construction, and maintenance, per the Cost Sharing Policy within the Dakota County 2040 Transportation Plan (July 2021); and NOW, THEREFORE, it is agreed the County and City will share Project responsibilities as detailed in this Agreement and, in accordance with the County’s adopted cost share policy, Page 121 of 233 Dakota County Contract #DCA23959 CP 31-113 Page | 3 jointly participate in Project costs as set forth herein. The above recitals are incorporated by reference and are made a part hereof as if fully set forth below. 1. Project Administration. The City shall be the lead agency for design, right-of-way acquisition, construction, construction administration, and maintenance of the Project. Subject to the requirements below, the County and the City shall each retain final decision-making authority within their respective jurisdictions. 2. Engineering. Engineering costs shall include the cost of preparing preliminary/final designs, plans, proposalspecifications and s mapping, surveying, , consultant engineering, right-of-way mapping, construction engineering, construction management, construction inspection and all related materials testing, including the cost of County and City staff time, as well as the cost of facilitating public and/or third- party agency involvement. 3. Plans, Specifications and Award of Contract. The City will prepare plans and specifications consistent with County and City design standards, State-Aid design standards and MnDOT standards and specifications. The parties’ mutual concurrence with the plans and specifications is required prior to advertising for bids. Within 7 days of opening bids for the construction contract, the lead agency shall submit a copy of the low bid and an abstract of all bids together with the request for concurrence to the State and the award of the construction contract to the lowest responsible bidder. The lead agency may award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. If a bid is not awarded, this Agreement shall terminate for the specific project that is not awarded, and all costs incurred as of the date of termination shall be apportioned in accordance with the terms of this Agreement. The contract construction shall be performed in accordance with approved plans, specifications and special provisions which are made a part hereof by reference with the same force and effect as though fully set forth herein. 4. Street Lighting, Trail Lighting and Maintenance Costs. Upon completion of the Project, electrical power necessary for the operation of the streetlights (including roundabout lighting, trail lighting and underpass lighting) and maintenance of the streetlights will Page 122 of 233 Dakota County Contract #DCA23959 CP 31-113 Page | 4 be provided in accordance with County policies included in the current adopted 2040 Dakota County Transportation Plan Policy F.17 Street Lighting Maintenance. 5. Right-of-Way. If any easements are necessary for completion of the Project during construction, the City, as the lead agency, will undertake all actions necessary to acquire, including but not limited to, temporary highway right-of-way, wetland damage mitigation and banking, drainage and ponding, and water pollution control best management practices for the Project. The costs of acquiring any necessary right-of- way for the Project, shall be shared based on the County’s and City’s share of the final construction costs in accordance with the current Dakota County Transportation Plan and Cost Participation policy F.3 Right-of-Way. If necessary, the County shall convey to the City, at no cost, all necessary permanent highway and temporary easements, on forms approved by the County Attorney’s office, on all adjacent City -controlled real property for Project purposes. Additionally, if necessary, the County shall convey rights to the City, at no cost, all public easements, and rights-of-way necessary for Project purposes, including the right to grade within drainage and utility easements as necessary. Any right-of-way costs for new sanitary sewer, water mains and appurtenances, and aesthetic elements outside of the right-of-way needed for the highway improvements shall be the responsibility of the City. 6. Construction. Construction costs shall include all highway and roadway construction items, including removals; mobilization and traffic control, temporary widening or other measures if required as part of traffic control or project staging; mitigation as required by state and federal permits including accessibility requirements; replacement or restoration of fences, landscaping and driveways when affected by construction; replacement or adjustment of sanitary sewer, water and storm sewer systems, if required due to construction; wetland mitigation and banking; and all other construction aspects outlined in the plan except for elements as called out under this Agreement or County policies included in the current adopted Dakota County Transportation. Page 123 of 233 Dakota County Contract #DCA23959 CP 31-113 Page | 5 7. Construction Standards. be control, traffic including shall All construction, accomplished in accordance with applicable State Aid, County and City standards, specifications, and policies to the satisfaction of the County and City. The County and City reserves the right to inspect construction materials and methods as needed. 8. Municipal Construction Items. The City may elect to perform concurrent work outside what is necessary to complete the Project, such as new utility installation, utility servicing, improving adjacent streets and access modifications not required by the project. 9. ShareCost . applicable this of provisions cost all sharing application After of Agreement and the Dakota County 2040 Transportation Plan (July 2021) polices F.1 through F.19, the County will participate in the Project as shown in the Opinion of Cost Participation and as defined below after deducting federal and state cost participation amounts. It is understood that the Opinion of Cost Participation reflects an estimated cost share at the time of Agreement execution. Final costs will be based on actuals at the time of construction. The cost participation for traffic signal revisions will be in accordance with adopted Cost Share Policy F.4 Cost Participation - Traffic Signals. The County’s share is 75 percent (estimated $596,748.00), and the City’s cost share is 25 percent (estimated $137,450.00). County and City maintenance, operation, and energy cost responsibilities will remain as identified in Traffic Signal Agreement 01-05, Resolution No. 01-291 (April 9, 2001). 10. Project Cost Updates. The lead agency must provide updated cost estimates showing the and County City Capital of time the at annually Project of shares costs Improvement Program development. Updated cost estimates will also be provided by the lead agency at the following times: • At construction plan milestones (30%/60%/90%/Final) • prior to advertising a construction contract; • after bid opening (prior to contract award); • during construction if total contract changes exceed $25,000; • once per year following the construction season until the Project is complete. Page 124 of 233 Dakota County Contract #DCA23959 CP 31-113 Page | 6 Project cost estimate updates include actual and estimated costs for Engineering Costs, right-of-way acquisition, utility relocation, construction, and administration. The parties acknowledge that Project cost estimates are subject to numerous variables causing the estimates to be subject to change and the updates are provided for informational purposes in good faith. Each agency is responsible for informing their respective council or board regarding Project costs estimates. 11. Payment. The City shall administer the contract and act as the paying agent for all payments to the Contractor. Payments to the Contractor will be made as Project work progresses and when certified by the City Engineer. After the construction contract has been awarded, the City shall invoice the County 95% of the County’s estimated construction costs based on awarded contract amount. Upon Project completion, the City shall reconcile the final contract amount and invoice the County for any additional amount owed under this Agreement. In the event the County owes payment to the City, then the County shall invoice the City for the amount owed. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement upon receipt or within a maximum of 35 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any outstanding amount will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 12. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect any of the Project’s cost participation must be approved by the authorized representative of each party prior to execution of work. The City appointed representative is John Powell, Public Works Director, and the County’s appointed representative is Erin Laberee, Engineer, or their successors. Both Parties shall endeavor to provide timely approval of change orders and supplemental agreements so as not to delay construction operations. Page 125 of 233 Dakota County Contract #DCA23959 CP 31-113 Page | 7 13. Amendments. Any amendments to this Agreement will be effective only after approval by each governing body and execution of a written amendment document by duly authorized officials of each body. 14. Effective Dates for Design and Construction of Project. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Absent an amendment, however, in no event will this Agreement continue in effect after December 31, 2028. 15. Final Acceptance. Final completion of the Project must be approved by both the County and the City. 16. Pavement Maintenance. Upon acceptance of the Project, the City shall be responsible for all pavement maintenance within City-owned right-of-way. The County shall be responsible for all pavement maintenance within County-owned right-of-way unless necessitated by a failure of a City utility system or installation of new City-owned facilities. 17. Pavement Marking and Traffic Signing Maintenance. Pavement markings will be installed as applicable for the operation of the highway and intersections along the Project area as outlined in the plans. The City shall be responsible for all pavement marking and sign maintenance within City right-of-way and the County shall be responsible for all pavement marking and sign maintenance within the County right- of-way unless necessitated by installation of new City-owned facilities. 18. Drainage Area and Stormwater or Drainage Facilities Maintenance. Upon final acceptance of the Project, maintenance of any drainage areas and any stormwater or drainage facilities shall be provided in accordance with the current County and City Maintenance Agreement. 19. Sidewalks and Trails. Upon final acceptance of the Project, maintenance of sidewalks and trails shall be provided in accordance with the current adopted Dakota County Transportation Plan. The County and the City shall be responsible for the costs of trail Page 126 of 233 Dakota County Contract #DCA23959 CP 31-113 Page | 8 resurfacing or reconstruction in accordance with County policies included in the County’s current adopted Transportation Plan. 20. Subsequent Excavation. After completion of the Project, and after expiration of the warranty period regarding repair, if excavation within the County right-of-way is necessary to repair or install water, sanitary sewer, or other City utilities, the City shall apply for a permit from the County and shall be responsible to restore the excavated area and road surface to substantially the condition at the time of disturbance. If the City employs its own contractor for the above-described water, sewer or other utility repair or installation, the City shall hold the County harmless from any and all liability incurred due to the repair or installation of said water, sewer or other municipal utility including, but not limited to, the costs of repair as well as liability to third parties injured or damaged as a result of the work. If the City fails to have the highway properly restored, the County Engineer may have the work done and the City shall pay for the work within 35 days following receipt of a written claim by the County. 21. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules, and contract administration procedures unless amended by the contract specifications. 22. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which the City is responsible, including future operation and maintenance of facilities owned by the City and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps Page 127 of 233 Dakota County Contract #DCA23959 CP 31-113 Page | 9 from the individual parties. The County shall include the City as additional insured in the contract documents. 23. Employees of Parties. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City, for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of the County’s employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. Any and all persons engaged in the work to be performed by the City shall not be considered employees of the County for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employee while so engaged. Any and all claims made by any third party as a consequence of any act or omissions of the part of the City’s employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of t he County. 24. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to this Agreement are subject to examination by the County or the City and either the Legislative Auditor or the State Auditor as appropriate. The County and the City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 25. Integration and Continuing Effect. The entire and integrated agreement of the Parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the City and the County regarding the Project; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect in accordance with the Dakota County Transportation Plan after completion of the construction provided for in this Agreement. 26. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: Page 128 of 233 Dakota County Contract #DCA23959 CP 31-113 Page | 10 COUNTY OF DAKOTA Erin Laberee, Dakota County Engineer (or successor) 14955 Galaxie Ave. Apple Valley, MN 55124 Office: (952) 891-7100 Erin.Laberee@co.dakota.mn.us CITY OF FARMINGTON John Powell Public Works Director (or successor) 430 Third St Farmington, MN 55024 Office: (651) 280-6841 jpowell@farmingtonmn.gov All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. [SIGNATURE PAGE TO FOLLOW] Page 129 of 233 Dakota County Contract #DCA23959 CP 31-113 Page | 11 IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. CITY OF FARMINGTON By Mayor Date: (SEAL) By City Clerk Date: Page 130 of 233 Dakota County Contract #DCA23959 CP 31-113 Page | 12 COUNTY OF DAKOTA RECOMMENDED FOR APPROVAL: By __________________________ By Erin Laberee, County Engineer Georg T. Fischer, Assistant County Manager Physical Development Division Date: Date: COUNTY BOARD RESOLUTION No. _26-039_____ Date: _01/20/2026_ Page 131 of 233 A-3 PP.18 Hazardous Wastes and Materials Manage hazardous wastes and hazardous materials in accordance with Dakota County Ordinance No. 111, Hazardous Waste Regulation, and applicable state and federal hazardous waste and hazardous materials regulations. PP.19 Storm Water Pollution Prevention Plan Prepare a Storm Water Pollution Prevention Plan (SWPPP) for transportation construction projects in conformance with MPCA permit requirements and develop soil erosion control plans and practices for transportation projects. Work with local watersheds to implement their plans to clean, infiltrate and manage water. PP.20 State and Federal Requirements Adhere to state and federal requirements in soliciting comments regarding construction of the transportation network. PP.21 Minnesota Data Practices Act Make available to the public all policies, guidelines and plans concerning highways consistent with the Minnesota Data Practices Act. PP.22 Capital Improvement Program - Agency Involvement Involve affected units of government, transit providers and other partners in the annual development of the CIP. PP.23 Multi-Disciplinary Work Teams Solicit input from and involve all interested parties in the planning and design of transportation projects to properly reflect community and environmental values. PP.24 Manage the Adopt-a-Highway Program Manage a program whereby the public can adopt segments of the county highway system to assist in keeping the highway right-of-way clean. Goal 1: Limited Resources are Directed to the Highest Priority Needs of the Transportation System F.1 Cost Participation - Roadway For cities with populations over 5,000, the county will participate in engineering and construction costs for county highway and associated improvements as defined in Table 4 after deducting federal and state cost participation amounts, for the following cost-shared items, individually or in combination, for projects included in the adopted County CIP: 1. Highway construction. 2. Mitigation required by local, state and federal permits, including accessibility requirements. 3. Eligible storm sewer and other drainage facilities based on contributing flows meeting State Aid sharing factors. 4. Replacement or restoration of fences, landscaping, and driveways when affected by construction. 5. Centerline drainage culverts. 6. Existing traffic signals as part of a roadway project. Page 132 of 233 A-4 7. Replace or adjust sanitary sewer, water, and storm sewer systems, if required due to county highway construction. 8. Replace or adjust privately owned public utilities when utilities exist within privately held easements. 9. Eligible water pollution control best management practice items based on the county's share of contributing flows and meeting National Pollution Discharge Elimination System (NPDES) standards such as outlet structures, sedimentation basins and ponds, and temporary erosion control. This includes recognition of the best management practices and systems necessary to meet all local, county, state or federal storm water treatment requirements. 10. Trail and sidewalks along county highways including pedestrian crossing improvements such as beacons, median refuges and bump outs, and overpasses or underpasses, including the Transportation share of greenway crossings, as deemed necessary by the county for safe accommodation of pedestrians and bicycles in the highway right-of-way. 11. Lighting of sidewalks and trails adjacent to county highways in marked school zones and pedestrian crossings in county highways right-of-way. 12. Transit infrastructure improvements on highways, including bus pullouts, bus shelter pads, and other pedestrian facilities determined necessary to support transit. The county will be responsible for 100 percent of the costs of existing pavement retained and/or rehabilitated through mill and overlay, resurfacing, reclamation, or other methods, as part of the final project. Applicable cost share policies will be applied to all other new construction or reconstruction involving excavation, installation, and placement of other new or reconstructed infrastructure. All other maintenance responsibilities not stated within a policy are county responsibilities. This policy (F.1) also is applied to the county highway portion of trunk highway projects. Page 133 of 233 A-5 Investment Goal Activities by County/City Share NOTE: The county is responsible for operation, maintenance and power cost for enhanced or dynamic signing unless otherwise noted. F.2 Cost Participation - Aesthetic Participate in aesthetics up to three percent of the county share of highway construction costs (excluding right-of-way, bridges, ponds, and storm sewers) prior to application of federal, state, or jurisdictional transfer funds. The county share of aesthetic participation may not exceed the local cost share for aesthetics. Aesthetics may include landscaping, plantings, decorative pavements, surface treatments, or decorative fencing. The county will not participate in aesthetics on preservation or management projects. Aesthetic elements are subject to clear zone and sight line requirements, may not hinder normal maintenance operations, or degrade safety or operation of the highway, including trail or sidewalk facilities. The county will not participate in additional ri ght-of-way necessary for only aesthetic enhancements. The local agency is responsible for maintenance of all aesthetic elements. Failure to maintain aesthetic elements may result in the local agency no longer being eligible for aesthetic funding participation. The county reserves the right to remove non- maintained aesthetic elements and recover costs from the local agency. Please refer to individual policies for specific details. Investment County City Cost Share Goal Activities Share CommentsShare Policy Paved Highway Surface 100% 0% Gravel Highway Surface Bridge Rehabilitation Preservation Traffic Safety and Operation F.17 Pedestrian and Bicycle Facilities F.8 Retaining Wall Rail Crossings Storm Sewer Maintenance up to Up to 80% County for leads and up to 80% F.7 80%City for mainline Small Safety Projects up to 100%F.15 Management Roundabouts up to 15%+15% City share per City leg F.13 85% New Traffic Signals 55% 45%F.4 Highway Replacement 85% 15%Includes improvements such as turn lanes, F.1 Replacement and Bridge Replacement medians, shoulders, trails, sidewalks and F.2 Modernization Gravel Road Paving school zone and pedestrian crossing lighting. F.3 Lane Reductions Does not include additional through lanes, F.19 2- to 3-Lane Modernization small safety projects, traffic signals or interchanges. Signal Replacement and Modernization up to Cost split per leg F.4 100% Replacement and Aesthetics up to Up to 3% of construction cost F.2 Modernization 3% and Expansion Principal Arterials - non-Freeway 85% 15%Does not include small safety projects,F.1 traffic signals or interchanges F.2 10-ton Routes and 6-lane -1/2 mile spacing 75% 25%Does not include small safety projects,F.3 Expansion roundabouts, traffic signals or interchanges F.14 All Other Expansion Projects 55% 45% Interchanges avg. legs Average of legs Table 4. Dakota County Highway Cost Share Policy Overview Page 134 of 233 A-6 F.3 Cost Participation - Right-of-Way For cities with populations over 5,000, the county will participate in the cost of right-of-way for county highway and associated improvements as defined in Table 4 for existing highways where right-of-way is required for: 1. The construction of items described in F.1, (1-11), F.4 (Traffic Signals), and F.13 (Roundabouts) provided city land use decisions have supported right-of-way needs in the corridor. 2. The county's portion of storm sewer and other drainage facilities based on contributing flows meeting State Aid sharing factors. 3. The county portion of water pollution control best management practice items based on the county's share of the contributing flows and meeting NPDES standards. This includes recognition of the best management practices and systems necessary to meet all local, county, state or federal storm water treatment requirements. F.4 Cost Participation – Traffic Signals Traffic signals on county highways including construction costs for attached streetlights, interconnection, pre-emption, etc., will be eligible for the following county engineering and construction item participation after subtracting federal and/or state funds as follows: 1. New traffic signal installation, both independent installations or when included with a broader highway project, up to 55 percent county funds. 2. Existing traffic signal replacement or modernization including operational revisions for independent intersection projects such as flashing yellow arrows and pedestrian indications up to the percentage of intersection approach legs under county jurisdiction. 3. 100 percent of traffic signal removals and any directly associated intersection revision construction costs as independent or included in a broader highway project. 4. County standard for signal poles is galvanized. Initial painting and maintenance re-painting costs are aesthetic and is at city cost. F.5 Cost Participation Involving Federal and State Funds Subtract from the county eligible project costs, funds received from regional federal solicitation, Trunk Highway Fund, Trunk Highway Jurisdictional Transfer Fund, or federal or state grants, with the balance of remaining costs divided according to applicable county policies. F.6 Cost Participation for Populations Less Than 5,000 Pay all costs for eligible construction and reconstruction for county highway improvements in cities with populations less than 5,000 and all townships. F.7 Cost Participation for Storm Sewer System Maintenance Share the cost of city maintenance of the following elements of county transportation facility storm water drainage systems: 1. Roadway catch basins and pipes connecting catch basins to mainline pipes are eligible for up to 80 percent county participation, or the county share of contributing flows, whichever is less. 2. Mainline pipes at a minimum of 20 percent or the county’s share of contributing flows, whichever is greater. 3. Storm water treatment and mitigation facilities based on the county's share of contributing flows. Page 135 of 233 A-7 4. To be eligible for county participation, a system-wide maintenance agreement between the county and local agency will be required to identify system-wide storm water roles and cost responsibilities. These cost share agreements are for actual repair and replacement projects and not for routine maintenance activities such as cleaning. 5. To be eligible for county participation, storm sewer repair and maintenance projects must be included in the currently adopted CIP or be approved by the county prior to incurring costs. F.8 Multi-Use Trails and Sidewalk Maintenance Participate in pavement preservation, overlay, or reconstruction of trails and sidewalks along the county highway system up to 100 percent. The city is responsible for snow and ice removal. To be eligible for county participation in trails and sidewalks, a system-wide maintenance agreement between the county and local agency will be required to identify system-wide trail and sidewalk roles and cost responsibilities. F.9 Transit Capital and Operating Consider participation in transit capital and operating enhancements, or pilot projects, up to 50 percent after application of federal or state funds available for the project as determined by the county. F.10 Tax Increment Financing (TIF) Costs Subtract from the county eligible project costs, the costs of highway improvements or other highway costs (e.g. turn lanes, traffic controls, etc.), which are, in the determination of the county, the result of tax increment financing plan or an amendment to a TIF plan with the balance of costs divided according to policies. County Board resolution is required for any significant deviation from this policy. F.11 Township Allotment Fund As requested by the township and approved by the County Engineer, use the "township allotment" to fund: 1. 50 percent of township road or bridge construction projects. 2. Intersection lighting of county highways, including energy costs. (Energy costs will be submitted on an annual basis.) 3. Sign replacement funding. F.12 Capital Improvement Program Annually prepare and review the five-year Transportation, Transportation Sales and Use Tax and Regional Railroad Authority CIP’s. F.13 Cost Participation – Roundabouts Participate up to 85 percent of the costs for eligible engineering and construction items, including streetlights and other features determined as necessary for operation, for roundabouts as described in Policy F.1. as follows: o County Intersections: 25 percent base level of participation plus 15 percent for each county approach leg of the intersection. o Trunk Highway Intersections: 85 percent for each county leg of the intersection after application of federal and/or state funds. The county does not participate in strictly aesthetic elements for roundabout projects. Page 136 of 233 A-8 F.14 Cost Participation – Future County Road Segments At county discretion, participate in the construction and engineering costs in accordance with F.1 for constructing local roadways that are identified as future county highway segments to county standards, over and above the costs that would have been incurred to construct the segment to city collector street standards. F.15 Cost Participation – Small Safety Projects The county may participate up to 100 percent of the engineering and construction costs of the following project types based on county review or prioritization to improve the safety of the transportation system, provided that they would not otherwise be included in a larger management, replacement and modernization or expansion project, or permit request: 1. Median closures or modifications; 2. Access closures or modifications; 3. Streetlights at intersections, marked pedestrian crossing locations and lighting along county highway trails within school zones with demonstrated safety benefit based on county evaluation – Participate up to 100 percent for power and maintenance costs; 4. Turn lanes or channelization at the intersection of two county highways; 5. Pedestrian crossing improvements including median refuges, bump outs, and pavement markings; 6. Guardrail Installation; and 7. ADA required safety improvements including curb ramps, sidewalk and bus shelter pads, and sidewalk connections within county highway right-of-way. F.16 Cost Participation – Local Roadway System The county may participate up to 85 percent, as defined on Table 4, of the costs for construction of local roadways necessary to directly mitigate physical, safety or operational deficiencies on the county highway system. Actual participation amount shall be based on the quantifiable benefit to the county highway system, as determined by the county based on engineering study. Local roadway construction costs that will be considered include: 1. Costs associated with relocation and construction of portions of the local roadway system to provide for its continuity and operation at a level that approximates its condition prior to construction of a county highway project. 2. Costs associated with improvements necessary to adequately accommodate county highway traffic detoured onto a local roadway during county highway construction. 3. Costs to improve local roadways to adequately accommodate traffic turning from the county highway onto a local roadway due to the addition of turn lanes on the county highway. 4. Costs directly associated with removal or consolidation of existing access to the county highway system. 5. Costs associated with construction of a local roadway that directly mitigates an existing county highway safety or operational issue or directly eliminates or significantly delays the need to expand the county highway system. F.17 Traffic Signal and Street Lighting Power Costs and Maintenance Responsibilities Participate in the maintenance and power costs for new and replacement traffic signals and standard streetlights as follows. Aesthetically enhanced and decorative streetlights are subject to Policy F.2. A. New and Replacement Page 137 of 233 A-9 a. Installation (New and Replacement) Streetlights at intersections, marked pedestrian crossing locations and lighting along county highway trails within school zones with demonstrated safety benefit based on county evaluation – Participate up to 100 percent for power and maintenance costs. b. Street lighting at roundabouts – The county will be responsible for power costs and maintenance on county-county and state-county intersection roundabouts and the city will be responsible on city-county intersection roundabouts. c. Street lighting, maintenance and power costs for traffic signals – The county will participate in power costs for traffic signals including the streetlight up to the percentage of intersection approach legs under county jurisdiction. The streetlights must be energy saving and connected to the service cabinet. Street lighting is the luminaire, pole and all wiring located above the signal mast arm. The city is responsible for maintenance of streetlights and all costs for unmetered services. Painting maintenance of streetlights for signals is 100 percent city responsibility. B. Existing a. Energy saving light retrofits - The county does not participate. Cities may elect to retrofit streetlights at their cost and by permit through the county. F.18 County Advanced Funding for City Cost Participation The county will consider advancing the local share of a project, consistent with adopted county cost participation policies, in the approved CIP’s by agreement with the city involved when all the following criteria are met: 1. The county determines there is a need on the county transportation system that should be addressed sooner than city funding allows. 2. The county has the available funds to pay the city cost share at the time the cost will be incurred. 3. The city submits a request to the county explaining the reason(s) for the county to advance fund their share. 4. The plan for city repayment is defined in an agreement between the city and county. 5. County advance funding is limited to a maximum 3-year period. F.19 Left Turn Lane/Access Permit Process In cities over 5,000 in population, the county will participate up to 85 percent of one half (42.5 percent) of the engineering, right-of-way and construction costs for left turn lanes required by the county through the access permitting process on high speed, two-lane, undivided county highways to accommodate a new access across from an existing access that does not have an existing left turn or bypass lane. For locations in cities under 5,000 in population or townships, the county may participate up to 50 percent of the engineering, right-of-way and construction costs. Goal 2: Preservation of the Existing System P.1 Bridge Inspection and Maintenance Perform inspection and maintenance of bridges in compliance with state statutes, MnDOT, and federal requirements. Page 138 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Metropolitan Council Clean Water Grant Agreement for 2026-2028 Meeting: Regular Council - Jun 15 2026 INTRODUCTION: The City of Farmington has participated in the Metropolitan Council Water Efficiency Grant Program since early in 2020. This program will continue in the 2026-2028 biennium. The program provides a rebate to customers that replace clothes washers, toilets, dishwashers, and irrigation controllers, with more water-efficient versions. DISCUSSION: The proposed 2026-2028 grant agreement is attached and is very similar in form to previous agreements. The city has received over $29,000 in Metropolitan Council grants since the start of this program. This has been a very popular program for city residents and has resulted in the estimated annual reduction of hundreds of thousands of gallons of water. The overall grant program totals $17,500 for the 2026-2028 biennium; this includes $14,000 of Metropolitan Council grant funding and $3,500 for the city's 20% matching funds. The grant application is attached to the agreement. The original grant amount requested of the Metropolitan Council was $16,000; the awarded amount was about 12.5% lower at $14,000. Key aspects of the grant agreement include:  Grant period of July 1, 2026, to June 30, 2028 (or earlier if all the grant funds have been expended).  New construction and new developments are not eligible.  A portion of each eligible grant activity’s cost must be paid by the property owner (unless participating in the low-income cost assistance option).  Rebates are reported, and reimbursement is requested, on a quarterly basis to the Metropolitan Council.  All costs to be reimbursed must meet eligibility requirements and be documented via scanned receipts.  Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the Metropolitan Council logo on program-related web pages and paper communications. Page 139 of 233 Public Works staff are very familiar with the program requirements and reporting process. BUDGET IMPACT: The City provides a 20% match as part of this program out of Water Operations, not to exceed $3,500 over the two-year grant period. ACTION REQUESTED: Approve the Metropolitan Council Clean Water Grant Agreement for 2026-2028 and Authorize the Mayor to Execute the Grant Agreement. ATTACHMENTS: Farmington - Water Efficiency Grant Acceptance Letter - 2026-2028 City of Farmington - Grant Agreement - 2026-2028 Water Efficiency Grant Program Page 140 of 233 Metropolitan Council (Regional Office & Environmental Services) 390 Robert Street North, Saint Paul, MN 55101-1805 P 651.602.1000 | F 651.602.1550 | TTY 651.291.0904 metrocouncil.org An Equal Opportunity Employer Torri Wolf Senior Administrative Support Technician 430 Third St Farmington, MN 55024 May 19, 2026 The Metropolitan Council is pleased to award the City of Farmington the amount of $14,000 as part of our 2026-2028 Water Efficiency Grant Program. The amount of matching funds required from your city, based on the grant award above, is $3,500 (this amount will deviate from the 20% of the total program cost in cases where the community is including a low-income cost assistance option). The City of Farmington is one of 43 in the Twin Cities metro area accepted into this grant program. We are pleased to report that all available grant funds have been awarded and that all applicants will receive an award. The amount of funds requested totaled $1,683,575, while the amount of funds available is $1,400,000. Because funds requested exceed funds available, a set of ranking factors and an objective scoring system were used to distribute the available funds. Below are some critical points to remember: • New construction and new developments are not eligible • A portion of each eligible grant activity’s cost must be paid by the property owner (unless participating in the low-income cost assistance option) • Funds are for rebates or grants only; consulting and city staff time are ineligible • Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the Metropolitan Council logo on program-related web pages and paper communications • Funds must be spent down by June 30, 2028 (municipalities and Met Council will work together to monitor spending and adjust/reallocate funds as needed) • Grant activities on municipal properties must supplement and not supplant dedicated municipal funding sources The Clean Water, Land and Legacy Amendment is available here: https://www.legacy.mn.gov/download- legacy-logo To obtain electronic and print versions of the Metropolitan Council logo, please contact me at henry.mccarthy@metc.state.mn.us. Page 141 of 233 Page - 2 | May 19, 2026 | METROPOLITAN COUNCIL As you prepare your municipality’s program, please be aware that the following information must be reported on a quarterly basis, on forms to be provided by the Metropolitan Council: • Property address and property type (residential, commercial, municipal) • Low-income assistance (Y/N) (if applicable) • Grant activity (device replacement, audit, or municipal turfgrass conversion) • Brand/model info of new device • Purchase date (must be on or after effective date of grant agreement) • Cost per device/approved grant activity • Number of devices/activities • Rebate or grant per device • Estimated annual gallons of water saved per device installation/approved grant activity • Municipality matching funds disbursed • Number of unmet funding requests from property owners, if any Quarterly reporting instructions will be sent to participating communities in summer 2026. Quarterly reporting periods and reporting form due dates are shown below. Quarterly Period Reporting Form Due Date July 1, 2026 – September 30, 2026 October 31, 2026 October 1, 2026 – December 31, 2026 January 31, 2027 January 1, 2027 – March 31, 2027 April 30, 2027 April 1, 2027 – June 30, 2027 July 31, 2027 July 1, 2027 – September 30, 2027 October 31, 2027 October 1, 2027 – December 31, 2027 January 31, 2028 January 1, 2028 – March 31, 2028 April 30, 2028 April 1, 2028 – June 30, 2028 July 31, 2028 A Grant Legal Agreement will be sent to your city for signature in approximately two weeks. Completion instructions will be provided in that correspondence. Congratulations on your grant award! We look forward to working with you to increase the water efficiency of our region. Sincerely, Henry McCarthy Senior Environmental Scientist | Water Resources | Policy and Planning Phone: 651-602-1946 henry.mccarthy@metc.state.mn.us Jen Kostrzewski Assistant Manager | Water Resources | Policy and Planning Phone: 651-602-1078 jennifer.kostrzewski@metc.state.mn.us Judy Sventek Manager | Water Resources Phone: 651-602-1156 judy.sventek@metc.state.mn.us Page 142 of 233 City of Farmington METROPOLITAN COUNCIL CLEAN WATER FUND GRANT AGREEMENT Recipient: City of Farmington Grant No: SG-26E-03-10 Met Council Action: 2026-95 SW Maximum Grant Amount: $ 14000 Recipient Match (20% of total program excluding low-income option): $ 3500 Recipient’s Authorized Representative: Name: Torri Wolf Mailing Address: 430 Third St, Farmington, MN 55024 Phone: 651-280-6845 Email Address: TWolf@FarmingtonMN.gov This Clean Water Fund Grant Agreement (“Grant Agreement”) is entered into between the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota (“Met Council”) and the Recipient named above. RECITALS 1. Minnesota Session Laws 2025, Chapter 36, Article 2, Section 8(b), appropriated to the Met Council $1,400,000 in funds from the Legacy Amendment's Clean Water Fund ("Clean Water Fund") for State fiscal years 2026 and 2027, for water demand reduction grants to assist municipalities in the metropolitan area with implementing water demand reduction measures to ensure the reliability and protection of drinking water supplies. 2. The Met Council is authorized by Minnesota Statutes sections 473.129, subdivision 4 to apply for and use grants from the State for any Metropolitan Council purpose and may dispose of the money in accordance with the terms of the appropriation. 3. The Recipient is authorized to receive grants from the Clean Water Fund for a water demand reduction program to implement measures to reduce water demand to ensure the reliability and protection of drinking water supplies. 4. On May 13, 2026, the Met Council authorized the granting $1,399,000 of the appropriation to the Recipients participating in the grant program. 5. The Recipient is authorized to receive grants from the Clean Water Fund for a water demand reduction program to implement measures to reduce water demand to ensure the reliability and protection of drinking water supplies. 6. The Recipient represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to the reasonable satisfaction of the Met Council. Page 143 of 233 GRANT AGREEMENT 1. Term of Grant Agreement. 1.1. Effective Date. The Effective Date of this Grant Agreement is the date this agreement is fully executed, provided the Grant Agreement is fully executed on or after July 1, 2026. If the Grant Agreement is fully executed prior to July 1, 2026, the effective date shall be July 1, 2026. 1.2. Grant Activity Period. The Grant Activity Period runs from the Effective Date through the Expiration Date. 1.3. Expiration Date. The Expiration Date is the earlier of Recipient’s satisfactory fulfillment of obligations or June 30, 2028. 1.4. Survival of Terms. The following clauses survive the expiration, termination or cancellation of this Grant Agreement: • 9. Liability and Insurance; • 10. Audits; • 11. Government Data Practices; • 13. Data Availability; • 14. Governing Law, Jurisdiction, and Venue; • 16. Data Disclosure; and • 18.7 Future Eligibility. 2. Duties, Representations and Warranties of Recipient and Use of Grant Funds. 2.1. The Recipient will conduct, administer and complete in a satisfactory manner and in accordance with the terms of this Grant Agreement the program (“Recipient Program”) which is described in Recipient's application to the Met Council for assistance under the Met Council's Clean Water Fund grant program. The Recipient’s application is incorporated into this Grant Agreement as Exhibit A. Recipient will perform the Recipient Program in accordance with the timeline in Exhibit B of this Grant Agreement and to undertake the financial responsibilities described in Exhibit B which is incorporated into this Grant Agreement. The Recipient must complete the Recipient Program as described in Exhibits A and B. The Met Council makes no representation or warranties with respect to the success and effectiveness of the Recipient Program. The Met Council acknowledges that Recipient Program work may be limited to soliciting participation by its residents and businesses in the Recipient Program and requires additional work by the Recipient only to the extent that residents and businesses choose to participate in the Recipient Program, as described in Exhibit B. The Grant Funds must be entirely passed through and can only be used for authorized rebates or grants for qualifying activities. 2.2. Recipient Representations and Warranties. The Recipient represents and warrants to Met Council, as follows: A. It has the legal authority to enter into this Grant Agreement and to conduct and administer the Recipient Program and use the Grant Funds for the purpose or purposes described in this Agreement. B. It has taken all actions necessary for its execution of the Agreement and has provided to Met Council a copy of the resolution by its governing body authorizing Recipient to enter into this Agreement, if required. If a resolution is not required by the Recipient, Recipient shall provide the Met Page 144 of 233 Council documents acceptable to the Council indicating that the appropriate person(s) has authority to enter into this agreement on behalf of the Recipient, such as a city policy or city ordinance. C. It has the legal authority to undertake the Recipient Program, including the Recipient’s financial responsibilities in Exhibit B. D. Only its Authorized Representative may provide certifications required in this Grant Agreement and submit pay claims for reimbursement of Recipient Program costs. E. It will comply with all the terms of this Grant Agreement. F. It will comply with all requirements of Clean Water Funding legislation and appropriations, except for requirements that this Grant Agreement explicitly states will be handled by the Met Council. G. It has made no material false statement or misstatement of fact in connection with the Grant Funds, and all of the information it has submitted or will submit to the Met Council relating to the Grant Funds or the disbursement of any of the Grant Funds is and will be true and correct. It agrees that all representations contained in its application for the Clean Water Fund Grant are material representations of fact upon which the Met Council relied in awarding this Grant and are incorporated into this Agreement by reference. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no material actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it and is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Grant Agreement, or to perform any of the acts required of it in the Agreement. I. Compliance with the requirements of this Grant Agreement is not prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement to which it is bound. J. The Recipient Program will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Recipient Program will be conducted in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or political subdivisions having jurisdiction over the Recipient Program. L. It will comply with the financial responsibility requirements contained in Exhibit B. M. It will furnish satisfactory evidence regarding these representations if requested by the Met Council. 3. Time. Recipient must comply with all time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence. 4. Eligible Costs. Eligible costs are those costs incurred by parties within the jurisdiction of the Recipient for 80% of rebate or grant payments as defined in Exhibit B (and not including low-income cost assistance grant Page 145 of 233 activities). The Met Council will not reimburse Recipient for non-eligible costs. Any cost not defined as an eligible cost or not included in the Recipient Program or approved in writing by the Met Council is a non-eligible cost. 5. Consideration and Payment. 5.1 Consideration. The Met Council will reimburse the Recipient for eligible costs performed by the Recipient during the Grant Activity Period up to the Maximum Grant Amount as specified in this agreement. The Met Council bears no responsibility for any cost overruns that may be incurred by the Recipient or any sub-recipients. The Recipient may be eligible to receive additional grant amounts or an adjustment of the Maximum Grant Amount in accordance with the procedure in the Grant Amendment Form attached and incorporated as Exhibit C. A fully executed Exhibit C will amend this Grant by the amount in Exhibit C. 5.2. Advance. The Met Council will make no advance of the Grant Amount to Recipient. 5.3. Payment. To receive payment, the Recipient must submit a Reimbursement Request on forms provided by the Met Council, including electronically scanned receipts to verify the cost of eligible devices reported for each reporting period. Reimbursement Request must be submitted quarterly, even if there are no eligible costs to report. The Recipient must describe its compliance with its the financial requirements, work completed including specific addresses where work was done, and provide sufficient documentation of grant eligible expenditures and any other information the Met Council reasonably requests. The Met Council will promptly pay the Recipient after the Recipient presents to the Met Council a Reimbursement Request and scanned copies of all receipts verifying the cost for all eligible devices reported and the Met Council’s Authorized Representative accepts the invoiced services. 6. Conditions of Payment. 6.1. For each approved grant activity for which Recipient requests payment, Recipient must certify the following to the Met Council: (1) the device or other grant activity has been purchased or paid for during the Grant Activity Period; (2) Recipient has determined the device, grant activity, or resident (in cases of the low-income cost assistance option), is eligible; (3) Recipient received receipts for the device, installation cost, or other grant activity; and (4) the purchase was not performed in violation of federal, state, or local law, or regulation. 6.2. Conditions Precedent to Any Reimbursement Request. The obligation of the Met Council to make reimbursement payments is subject to the following conditions precedent: A. The Met Council’s receipt of a Reimbursement Request/Progress Report for the funds requested, and electronic copies of receipts verifying the cost for all eligible devices for that reporting period; B. If requested by the Met Council (in form and substance acceptable to the Met Council), evidence that (i) the Recipient has legal authority to and has taken all actions necessary to enter into this Agreement and (ii) this Agreement is binding and enforceable against the Recipient; C. There is no Event of Default under this Grant Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse; and Page 146 of 233 D. The Recipient has supplied to the Met Council all other items that the Met Council may reasonably require to assure good fiscal oversight of state's funding through the Clean Water Fund. 7. Authorized Representative. The Met Council’s Authorized Representative is: Name: Henry McCarthy or successor Title: Senior Environmental Scientist Mailing Address: 390 North Robert Street St. Paul, MN 55101 Phone: (651) 602-1946 E-Mail Address: henry.mccarthy@metc.state.mn.us The Met Council’s Authorized Representative has the responsibility to monitor the Recipient’s performance and the authority to accept the services provided under this Grant Agreement. If the services are satisfactory, the Met Council’s Authorized Representative will certify acceptance on each invoice submitted for payment. The Recipient’s Authorized Representative is noted on the first page of this Grant Agreement. If the Recipient’s Authorized Representative changes at any time during this Grant Agreement, the Recipient must immediately notify the Met Council and within 30 days provide a new City resolution (if such resolution is necessary) specifying the new Representative. If a resolution is not required by the City, the City’s notification to the Met Council must be in writing. 8. Assignment, Amendments, Waiver, Grant Agreement Complete, and Order of Precedence. 8.1 Assignment. The Recipient may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior written consent of the Met Council and a fully executed Assignment Agreement. 8.2 Amendments. Except as provided in this Section 8.2, any amendment to this Grant Agreement must be in writing and will not be effective until it has been executed and approved by the appropriate parties. If requested by the Recipient in writing, the Met Council may, at its sole discretion, authorize in writing a minor change (administrative, compliance, or operational adjustments that do not alter the core scope, objectives, or funding level of the award) to the Recipient Program in Exhibit A, without a formal executed amendment to this Grant Agreement. Met Council further reserves the right to amend grant agreements, in collaboration with grantee municipality, if quarterly reporting indicates rebate or grant programs will not fully utilize grant awards within the grant period or for other documented purposes that will advance the legislative objectives of the pilot program. 8.3 Waiver. If the Met Council fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it. 8.4 Grant Agreement Complete. This Grant Agreement contains all negotiations and agreements between the Met Council and the Recipient. No other understanding regarding this Grant Agreement, whether written or oral, may be used to bind either party. 8.5 Order of Precedence. This Grant Agreement will be interpreted in the following order of precedence: (1) Grant Agreement excluding exhibits; Page 147 of 233 (2) Exhibit B; and (3) Exhibit A. 9. Liability and Insurance. 9.1 Liability. The Recipient and the Met Council are each responsible for their own acts and the acts of their employees and the results thereof. To the extent authorized by law, a party is not responsible for the acts of the other party and the results thereof. The liability of the Parties is governed by Minnesota Statutes Chapter 466 and other applicable laws. Neither Party waives any applicable limits on liability or immunities. 9.2 Relationship of the Parties. Nothing contained in this Grant Agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners or a joint venture between the Recipient and the Met Council, nor will the Recipient be considered or deemed to be an agent, representative, or employee of the Met Council in the performance of this Grant Agreement, or the Recipient Program. The Recipient represents that it has already or will secure or cause to be secured all personnel required for the performance of this Grant Agreement and the Recipient Program. All personnel of the Recipient or other persons while engaging in the performance of this Grant Agreement or the Recipient Program will not have any contractual relationship with the Met Council related to the work of the Recipient Program and will not be considered employees of the Met Council. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Recipient, its officers, agents, contractors, or employees will in no way be the responsibility of the Met Council. Such personnel or other persons may not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the Met Council, including but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. 10. Audits. Under Minn. Stat. § 16C.05, subd. 5, the Recipient’s books, records, documents, and accounting procedures and practices relevant to this Grant Agreement are subject to examination by the Met Council and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the termination date of this Grant Agreement. 11. Government Data Practices. The Recipient and Met Council must comply with the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13, as it applies to all data provided by the Met Council under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Recipient under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Recipient or the Met Council. If the Recipient receives a request to release the data referred to in this Clause, the Recipient must immediately notify the Met Council. 12. Workers’ Compensation. The Recipient certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. The Recipient’s employees and agents will not be Page 148 of 233 considered Met Council employees. Any claims that may arise under the Minnesota Workers Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the Met Council’s obligation or responsibility. 13. Data Availability. To the extent and as requested by the Met Council, Recipient agrees to comply with Minn. Stat. § 114D.50, subd. 5 requirements for data collected by the Recipient Programs funded with money from the Clean Water Fund that have value for planning and management of natural resources, emergency preparedness and infrastructure investments, including but not limited to the requirement that to the extent practicable, summary data and results of Recipient Programs funded with money from the Clean Water Fund should be readily accessible on the internet and identified as a Clean Water Fund Recipient Program. The Met Council will put overall summary information on the internet and will encourage the Recipient put its municipality information on the web. Recipient understands and agrees that Met Council may list its name and summary information on the internet or in any other Grantor reporting. Data collected by the Recipient Program, if any, funded with money from the Clean Water Fund that have value for planning and management of natural resources, emergency preparedness, and infrastructure investments must conform to the enterprise information architecture developed by the Department of Information Technology Services. Spatial data must conform to geographic information system guidelines and standards outlined in that architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Minnesota Geospatial Information Office. A description of these data that adheres to the Department of Information Technology Services geographic metadata standards must be submitted to the Minnesota Geospatial Information Office to be made available online through the clearinghouse and the data must be accessible and free to the public unless made private under chapter 13. To the extent practicable, summary data and results of projects funded with money from the clean water fund should be readily accessible on the Internet and identified as a clean water fund project. 14. Governing Law, Jurisdiction, and Venue. This Grant Agreement will be construed and enforced under the laws of the State of Minnesota without regard to its conflict of law provisions. The venue for any legal proceedings arising out of this Grant Agreement will be the appropriate state or federal court in Ramsey County, Minnesota. 15. Termination. The Met Council may cancel this Grant Agreement at any time, with or without cause, upon 30 days’ written notice to the Recipient. Upon termination, the Recipient will be entitled to payment for services prequalified and satisfactorily performed before the termination notice. 16. Data Disclosure. Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Recipient consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the Met Council, to federal and state tax agencies and Met Council personnel involved in the payment of Met Council obligations. Recipient will require compliance with this Section 16 by Recipient’s subrecipient of Grant funds and shall submit evidence of such compliance to Met Council as requested. 17. Notices. Page 149 of 233 In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and must be personally served or sent by email or United States mail, to the Authorized Representative of the party to whom it is directed. 18. Miscellaneous. 18.1 Report to Legislature. As provided in Minn. Stat. § 3.195, the Met Council must submit a report on the expenditure and use of money appropriated under the Clean Water Fund to the legislature by January 15 of each year. The report must detail the outcomes in terms of additional use of Clean Water Fund resources, user satisfaction surveys, and other appropriate outcomes. The Recipient agrees to provide to the Met Council by January 1 of each year a report on any user satisfaction surveys it has related to this Recipient Program, and other appropriate outcomes of the Recipient Program as prescribed in Section 18.3 of this Agreement. 18.2 Supplement. The funds granted under this agreement are to supplement and shall not substitute for traditional sources of funding. Recipient certifies to the Met Council that there was and is no traditional Recipient sources of funding for the grant work, as described in Exhibit A. 18.3 Measurable Outcomes. A Recipient Program or program receiving funding from the Clean Water Fund must meet or exceed the constitutional requirement to protect, enhance, and restore water quality in lakes, rivers and streams and to protect groundwater and drinking water from degradation. A Recipient Program or program receiving funding from the Clean Water Fund must include measurable outcomes, as defined in Minn. Stat. § 3.303, subdivision 10, and a plan for measuring and evaluating the results. A Recipient Program or program must be consistent with current science and incorporate state-of-the-art technology. All information for funded Recipient Program work, including the proposed measurable outcomes, must be made available for publication on the web site required under Minn. Stat. § 3.303, subdivision 10, as soon as practicable and forwarded to the Met Council and the Legislative Coordinating Commission under the provisions of Minn. Stat. § 3.303, subd. 10. The Recipient must compile and submit all information for funded Recipient Programs or programs, including the proposed measurable outcomes and all other items required under Minn. Stat. § 3.303, subdivision 10, to the Met Council and, if requested by the Met Council, the Legislative Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year, whichever comes first. 18.4 Minn. Stat. § 16B.98. Grants funded by the Clean Water Fund must be implemented according to section 16B.98 and must account for all expenditures. 18.5 Benefit to Minnesota Waters. Money from the Clean Water Fund may only be spent on Recipient Programs that benefit Minnesota waters. 18.6 Website. If the Recipient has information on its website about the water efficiency grant program under Minn. Stat. § 114D.50, the Recipient will when practicable in accordance with Minn. Stat. § 114D.50, subd. 4(f) prominently display on the Recipient’s website home page the Legacy logo accompanied by the phrase "Click here for more information." When a person clicks on the Legacy logo image, the website must direct the person to a web page that includes both the contact information that a person may use to obtain additional information, as well as a link to the Met Council’s and Legislative Coordinating Commission Website required under section 3.303, subdivision 10. 18.7 Future Eligibility. Future eligibility for money from the Clean Water Fund is contingent upon the Recipient satisfying all application requirements related to Met Council’s fulfillment of Minn. Stat. § 114D.50 as well as any additional requirements contained in Minnesota Session Laws 2025, Chapter 36, Article 2, Section 8(b). Page 150 of 233 18.8 Prevailing Wages. The Recipient agrees to comply with all of the applicable provisions contained in chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.50, as they may be amended, modified or replaced from time to time with respect to the Recipient Program. By agreeing to this provision, the Recipient is not acknowledging or agreeing that the cited provisions apply to the Recipient Program. 18.9 Disability Access. Where appropriate, Recipient of clean water funds, in consultation with the Council on Disability and other appropriate governor-appointed disability councils, boards, committees, and commissions, should make progress toward providing greater access to programs, print publications, and digital media for people with disabilities related to the programs the recipient funds using appropriations made in this agreement. 18.10. General Provisions. (i) Lawsuit. This Grant shall be canceled if a court determines that the appropriation illegally substitutes for a traditional source of funding. (ii) Termination Due to Lack of Funds. Recipient recognizes that Met Council’s obligation to reimburse Recipient for eligible Recipient Program costs is dependent upon Met Council’s receipt of funds from the State of Minnesota appropriated to Met Council under 2025 Session Law, Chapter 40, Article 2, Section 8(b). Should the State of Minnesota terminate such appropriation or should such funds become unavailable to Met Council for any reason, Met Council shall, upon written notice to Recipient of termination or unavailability of such funds, have no further obligations for reimbursement or otherwise under this Grant Agreement. In the event of such written notice, Recipient has no further obligation to complete the Recipient Program as required by this Grant Agreement. 18.11. Counterparts and Electronic Signatures. This Grant Agreement may be executed in any number of counterparts, each of which when executed will be deemed to be an original and the counterparts will together constitute one agreement. A copy of this Grant Agreement, including its signature pages, will be binding and deemed to be an original. Electronic signatures using Adobe Sign or a similar program will be deemed an original signature. 19. Default and Remedies. 19.1 Defaults. The Recipient's failure to fully comply with any of the provisions contained in this Grant Agreement constitute an event of default ("Event of Default"). 19.2. Remedies. Upon an event of default, the Met Council may exercise any one or more of the following remedies: a. Refrain from disbursing the Grant; b. Demand that all or any portion of the Grant already disbursed be repaid to it, and upon such demand the Recipient shall repay such amount to the Met Council; and c. Enforce any additional remedies the Met Council may have at law or in equity. Page 151 of 233 IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives. METROPOLITAN COUNCIL By: ________________________________ Regional Administrator, successor, or delegate Date: _______________________________ RECIPIENT: The Recipient certifies that the appropriate person(s) have executed the this agreement on behalf of the Recipient as required by applicable articles, bylaws, resolutions, or ordinances. By: ________________________________ _____________________________________ Printed Name and Title Date: _______________________________ Page 152 of 233 EXHIBIT A: Application from community Page 153 of 233 Page 154 of 233 Page 155 of 233 Page 156 of 233 Page 157 of 233 Page 158 of 233 Page 159 of 233 Page 160 of 233 Page 161 of 233 Page 162 of 233 Page 163 of 233 Page 164 of 233 EXHIBIT B: Grant program guidelines Page 165 of 233 2026 – 2028 METROPOLITAN COUNCIL WATER EFFICIENCY GRANT PROGRAM GUIDELINES updated 02 / 26 / 2026 1. Overview The Metropolitan Council (Met Council) will implement a Water Efficiency Grant Program (WEGP) effective July 1, 2026 to June 30, 2028. Grants will be awarded on a competitive basis to municipalities that operate or are served by a municipal public water supply system. In this program, municipalities design and operate their own rebate or grant programs, which are funded by the Met Council with pass-through funds from the Clean Water Land & Legacy Amendment. The Met Council will provide 80% of the program cost; the municipality must provide the remaining 20% of the program cost. The WEGP focuses on grant activities that reduce existing water use at residential, commercial, and municipal properties. Met Council-approved grant activities include the replacement of specific water- using devices with more efficient alternatives, irrigation system audits, and the conversion of turfgrass to low-input, drought-tolerant landscapes at municipal properties. Residents and businesses participating in a municipality’s program must be connected to municipal water. Grants will be made available in amounts with a minimum of $5,000 and a maximum of $75,000. In the event that there are unused or returned funds, municipalities may apply for a grant amendment to increase their award beyond $75,000 (at the discretion of Met Council). Grantees will be required to submit quarterly reimbursement requests and provide actual or estimated water savings achieved through this program for Clean Water, Land & Legacy Amendment reporting purposes. Grant program goal The goal of the Water Efficiency Grant Program is to support technical and behavioral changes that improve municipal water use efficiency in the seven-county metropolitan area. Changes for 2026-2028 Several changes to the WEGP have been made from past grant cycles. These changes are outlined in the bulleted list below. • Maximum grant amount: $50,000  $75,000 • Clearer guidelines for grant activity/device eligibility and property type o Faucets and faucet accessories added o Flushing urinals and flushometer-valve toilets added o Commercial clothes washers and commercial dishwashers added • Met Council strongly encourages (not a requirement) that an irrigation system audit be conducted before the replacement of an irrigation controller or spray sprinkler bodies. An irrigation system audit from an Irrigation Professional certified by a US EPA WaterSense Page 166 of 233 program ensures the user has information for proper set-up and operation of their irrigation system. • Municipal facility grant activity option added o Replacement of water using devices in municipal properties o Property turfgrass conversion/replacement • Low-income cost assistance option added (additional $10,000 available to expand maximum grant amount to $85,000) o Full cost coverage for eligible residents on indoor water use devices • Updated reporting form • Standardized estimated water savings built into reporting for most grant activities (with option for municipalities to provide more specific water savings estimates) Additional detail about the low-income cost assistance option, newly eligible devices/grant activities, and new eligibility requirements is provided in the following pages. Critical points to remember • The applying municipality must be served by a municipal public water supply system • New construction and new developments are not eligible • A portion of each eligible grant activity’s cost must be paid by the property owner • Funds are for rebates or grants only; consulting and city staff time are ineligible • Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the Metropolitan Council logo on program-related web pages and paper communications • Applications are due April 13, 2026 • Funds must be spent down by June 30, 2028 (municipalities and Met Council will work together to monitor spending and adjust/reallocate funds as needed) • Grant activities on municipal properties must supplement and not supplant dedicated municipal funding sources 2. Grant program structure Administration and funding source The 2026-2028 WEGP will be administered by the Met Council and will be funded with $1,400,000 appropriated by the 2025 Minnesota Legislature. Grant applications will be reviewed and scored by Metropolitan Council Water Resources staff. Legislative Directive: Minnesota 2025 Session Law $650,000 the first year and $750,000 the second year are for grants that implement water demand reduction measures. The grants are to assist municipalities in the metropolitan area with implementing water demand reduction measures to ensure the reliability and protection of drinking water supplies. Grants will be awarded to municipalities in amounts ranging from $5,000 to $75,000 for providing rebates or grants to property owners and their renters. (An additional $10,000 will be available for Low Income Cost Assistance, as discussed below). Municipalities will be responsible for the design and operation of their rebate or grant program and its details. Grant payments to the municipality will be for 80% of approved program amounts. The municipality must provide the remaining 20% of the granted/rebated amount to the property owner. Municipality rebates or grants are eligible for reimbursement on device replacements and other approved grant activities conducted July 1, 2026 Page 167 of 233 through June 30, 2028 (purchases of eligible devices or grant activities must be made on or after the day the grant agreement is fully executed). Grant program components Each municipality is expected to design their own program to whatever meets their community needs. Three potential components are residential/commercial grant activities, municipal grant activities, and low-income cost assistance for residential properties. Municipalities may include any combination of property type and grant activity offering in their program design. Program design has varied by municipality among past participants, with some focusing on a single type of device replacement such as toilets, and others offering a range of options. In the application form and work plan, municipalities will be asked to lay out the grant activities and property types that would be included in the proposed program. While past grant cycles have occasionally included participants pursuing commercial- and municipal-focused grant activities, the 2026-2028 WEGP guidelines more clearly define, and expand, the options available to municipalities that are interested in designing commercial- or internal-facing programs. Residential and/or commercial grant activities Municipalities may choose to design their programs to include grant activities at residential and commercial properties. This the most common approach among participating communities. The participating community selects which devices or other approved grant activities (irrigation audits) to offer to residents or businesses within the municipality. The participating community also determines how much of an eligible grant activity’s cost is covered by the program. Property owners must pay a portion of the eligible grant activity’s cost. Eligible grant activities for residential and commercial properties are listed in the table in the Eligible Grant Activities section. Municipal grant activities Municipalities may also choose to design their programs to include grant activities occurring on municipal properties. Grant activities eligible for municipal properties are device replacements, irrigation system audits, and the conversion of existing turfgrass to low-input landscaping/drought-tolerant alternative turf. Municipalities that choose to conduct grant activities on municipal properties shall provide measured water savings (ideally) or calculated water savings estimates. These municipalities will also be required to display signage near the grant activity areas that includes the Metropolitan Council and Clean Water Fund logos as well as an explanation of the work done. Participating municipalities must cover the 20% “municipal match” as normal. This funding is intended to promote and supplement funding for device replacement or turf grass conversion efforts. It is not intended to supplant dedicated municipal funding sources for projects. Eligible grant activities for municipal properties are listed in the table in the Eligible Grant Activities section. Low-income cost assistance grant activities Municipalities operating a residential-facing rebate or grant program may elect to include a low-income cost assistance option in their program. Residents or households who meet a certain income threshold are eligible to receive full cost coverage* for the replacement of one indoor water-using device (toilet, clothes washer, dishwasher, showerhead, or faucet/faucet accessory) with a WaterSense or Energy Star alternative. If a municipality decides to offer the low-income cost assistance option, they can apply for an additional $10,000 (max grant amount of $85,000). Page 168 of 233 Municipalities that choose to include this option in their residential rebate or grant programs will be required to verify resident eligibility. No municipal match will be required. Residents are eligible for this cost assistance element if: • The resident is enrolled in a county assistance program o Hennepin County Water Assistance Program o Ramsey and Washington Counties Water Bill Assistance o Scott, Carver, Dakota Counties Energy Assistance Program  Scott County Financial Assistance  Carver County Emergency Programs  Dakota County Emergency Assistance o Anoka County Energy Assistance • The resident is enrolled in SNAP benefits Eligibility for low-income cost assistance can be verified with appropriate paperwork showing participation in one of the above programs. *Cost of device and installation is fully covered by Met Council up to: • $550 for toilets • $1200 for clothes washers • $1200 for dishwashers • $100 for showerheads • $100 for faucets and faucet accessories Application funding request The application form will include a table like the one below, where applying municipalities will lay out their funding request. Row A is the requested grant amount, which covers grant activities at any combination of property types and makes up 80% of the traditional grant program subtotal. Row B is the required municipality match of 20% of the traditional grant program subtotal. Row C is the traditional grant program subtotal. In Row D, applying municipalities may enter the low-income cost assistance amount they expect to spend. The funds in Row D do not require a municipality match. Row E is the sum of Rows C and D. A Requested grant amount for residential, commercial, or municipal grant activities (funding from Met Council) (80% of traditional grant program subtotal): $16,000 B Required municipality matching amount (20% of traditional grant program subtotal): $4,000 C Traditional grant program subtotal (sum of Met Council grant amount and required municipality match): $20,000 D (OPTIONAL) Low-income cost assistance requested amount (funding from Met Council) (100% covered by Met Council funds): $5,000 E Total program budget (sum of traditional grant program subtotal and low-income cost assistance funds): $25,000 Page 169 of 233 *in cases where municipalities have opted in to the low-income cost assistance element, the percent covered by Met Council may exceed 80% Eligibility Requirements for applying municipalities This grant program is limited to municipalities in the seven-county metropolitan area that operate or are served by a municipal public water supply system. Grants are only for water efficiency programs offering rebates or grants to property owners and their renters who are customers of the municipal water supply system and who replace specified water-using devices with approved devices that use substantially less water (or conduct other grant activities such as irrigation audits or, for municipalities, turfgrass conversion). In municipalities where only some neighborhoods or areas are served by a municipal public water supply system, only those served by the municipal public water supply system are eligible. Municipalities eligible per above must apply to participate and, if approved, sign a Met Council Grant Agreement, before any eligible rebates or grants can be submitted for reimbursement. Agreements shall require that municipalities: • Entirely pass through grants received (as is being done by Met Council) • Verify purchase of devices or other grant activities to receive grants • Retain records and cooperate with any audits • Conduct all communications with property owners and ensure all written communications to property owners include both the Clean Water, Land and Legacy Amendment and the Metropolitan Council’s logo • Provide quantitative information for state reporting purposes Page 170 of 233 Eligible grant activities The table below walks through the approved grant activities in the WEGP. Included in the table is information related to the property type (residential, commercial, municipal) where grant activities occur as well as information about estimated water savings. Expenses eligible for reimbursement are the out-of-pocket cost of the device and its installation only, not to include any owner labor costs. In addition, new construction and new developments are ineligible as this program is intended as a current infrastructure replacement program. Eligible grant activity (with hyperlink to product lookup tool) Estimated water savings Indoor water use Toilets Residential toilet replacement with a WaterSense labeled residential toilet 13,000 gallons per year (source) Commercial / Municipal toilet replacement with a WaterSense labeled commercial toilet 790 gallons when replacing a 1.6gpf model and 5,500 when replacing a 3.5gpf model Commercial / Municipal urinal replacement with a WaterSense labeled urinal 4,600 gallons per year (source) Clothes washing machines Residential clothes washing machine replacement with an Energy Star labeled residential clothes washer 2,700 gallons per year (based on WRF average clothes washer use and Energy Star estimated percent savings) Commercial clothes washing machine replacement with an Energy Star labeled commercial clothes washer 45% less water than standard models (source) Dishwashers Residential dishwasher replacement with an Energy Star labeled residential dishwasher 8,400 gallons per year (source) Commercial dishwasher replacement with an Energy Star labeled commercial clothes washer 5,600 gallons per year (source) Showerhead replacement with a WaterSense labeled showerhead 2,700 gallons per year (source) Faucet replacement or faucet accessory with a WaterSense labeled faucet or faucet accessory 700 gallons per year (source) Pa g e 1 7 1 o f 2 3 3 Outdoor water use Irrigation system audit by an Irrigation Professional certified by a US EPA WaterSense program See report from Irrigation Professional who conducted audit Irrigation controllers (Met Council strongly encourages an irrigation system audit before the installation of a new smart controller) Irrigation controller replacement with a WaterSense labeled weather-based controller (this type of controller is most common) 7,600 gallons per year (source) Irrigation controller replacement with a WaterSense labeled soil moisture-based controller 15,000 gallons per year (source) Irrigation spray sprinkler body replacement with a WaterSense labeled spray sprinkler body (Met Council strongly encourages an irrigation system audit before the installation of new spray sprinkler bodies) 5,600 per year (for an average household using 50,500 gallons outdoors, operating at or above 60 pounds per square inch) (source) Turfgrass conversion/replacement to a low-input, drought-tolerant landscape at municipal properties (Municipal properties only) Refer to municipality’s pre- and post- replacement water use to calculate water savings. If unable to measure specific water use, municipality will provide estimated annual water savings with explanation of calculation. Please note, the Met Council strongly encourages an irrigation system audit be conducted before the replacement of an irrigation controller or spray sprinkler bodies. An initial audit ensures the user has information for proper set-up and operation of their irrigation system. Pa g e 1 7 2 o f 2 3 3 Quarterly reporting Reporting requirements and payment process Utilizing a reporting form provided by Met Council, the following information about each grant activity must be reported on a quarterly basis: • Property address and property type (residential, commercial, municipal) • Low-income assistance (Y/N) (if applicable) • Grant activity (device replacement, audit, or municipal turfgrass conversion) • Brand/model info of new device • Purchase date (must be on or after effective date of grant agreement) • Cost per device/approved grant activity • Number of devices/activities • Rebate or grant per device • Estimated annual gallons of water saved per device installation/approved grant activity • Optional notes column for explaining water use calculations if different from those provided • Municipality matching funds disbursed • Number of unmet funding requests from property owners, if any Municipalities are required to submit a signed and dated quarterly reporting form as well as a PDF(s) of receipts corresponding to each entry in the quarterly reporting form. Upon review and confirmation of the above information, Met Council will process a grant payment in the amount of 80% of approved total rebates or grants for the reporting period (in cases where municipalities have opted in to the low-income cost assistance element, the percent covered by Met Council may exceed 80%). Met Council will provide confirmation of grant balances available upon request and reserves the right to amend grant agreements, in collaboration with grantee municipality, if quarterly reporting indicates rebate or grant programs will not fully utilize grant awards within the grant period. Determining estimated water savings Annual water savings estimates may come from a variety of sources. Manufacturers may include water savings estimates in their device descriptions or specifications, irrigation professionals report estimated savings after performing an irrigation system audit, and some past participants of the WEGP have calculated specific water savings estimates based on factors such as household size. Unless a city has specifically calculated estimated water savings or is referring to manufacturer or audit estimates, the recommended sources for estimated water savings are WaterSense and Energy Star. Water savings estimates from WaterSense and Energy Star are included in the table of eligible grant activities. In quarterly reports, municipalities will be asked to note the source of their estimates if they different from the estimates provided above. In the case of irrigation system audits and turfgrass conversion on municipal properties, estimates have not been provided by Met Council as these metrics will be calculated by an Irrigation Professional or the municipality, respectively. In any situation where it is possible to report actual water savings, this is preferred. Page 173 of 233 3. Application process Application requirements The application window for the 2026-2028 Water Efficiency Grant Program will open on Friday, March 13, 2026. Applications are due by Monday, April 13, 2026. The application form will be available on the Met Council website. Required information in the application form includes: o the municipality’s rebate or grant program design and work plan o proposed examples of communications to property owners o requested total grant amount o estimated annual amount of water saved by the applying municipality • Application form is available at: https://metrocouncil.org/Wastewater-Water/Funding- Finance/Available-Funding-Grants.aspx • Submit competed application to: henry.mccarthy@metc.state.mn.us • Metropolitan Council will notify municipalities of grant awards in approximately May 2026 Evaluating applications Program proposals will be evaluated based on the answers provided in the application form as well as the attached work plan. Strong applications will include clear answers to the questions in the application form and a thoughtful work plan that outlines strategies for structuring, administering, and promoting (if applicable) the program. For municipalities intending to conduct grant activities on municipal property, applications should include intended plans for device/landscape installation and estimated hours/cost of labor (whether being done by the municipality or a contractor). In the event that funds requested exceed funds available, the following criteria will be used to determine the amount granted to a given municipality: • Municipal residential per capita water use • Municipal ratio of peak month to winter month water use • Estimated water savings from proposed program Additionally, municipalities may be asked to provide additional information and/or be awarded less than their requested grant amount if their application is lacking detail, a clear work plan, etc. In future grant cycles, a past participant’s record of spending down their award may be used to inform award amounts. Page 174 of 233 EXHIBIT C: Grant amendment form Revision # METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES 2026-2028 CLEAN WATER FUND WATER EFFICIENCY GRANT PROGRAM GRANT AMENDMENT FORM NOTICE TO RECIPIENT: Submission of this form is required to modify the Maximum Grant Amount in your Grant Agreement with Metropolitan Council 2026-2028 Clean Water Fund Water Efficiency Grant Program (Grant Program). After determination of your municipality’s Maximum Grant Amount, completion and submission of this form is necessary when 1) you are requesting additional grant funds to meet unexpected rebate or grant demand, or 2) when your municipality has determined that the previously approved program’s rebate or grant demand will not be met, requiring less grant funds than anticipated when the agreement was signed, or 3) when your municipality wishes to substantially change the structure of its program from what was described in the application form and the work plan supplied in the application form. The process for modifying your Grant Agreement is as follows: 1. Your municipality’s authorized representative submits one signed copy of Exhibit C to the Met Council, with any additional information requested by Met Council. 2. Upon receipt and any Met Council approval of signed Exhibit C, the Met Council’s authorized representative will obtain Met Council authorized signatures returns a fully executed copy of Exhibit C indicating the new Maximum Grant Amount to Municipality’s designated authorized representative. --------------------------------------------------------------------------------------------------------------------------------- Instructions: Indicate the date of your change request in #1 box. Indicate the number of this particular change request in #2 box (and in box at top of page – must match). Enter the current grant agreement amount (as Met Council approved) in #3 box. If you wish to increase your municipality’s grant amount, enter the amount you are requesting in #4 box. If you wish to decrease your grant amount due to less demand than anticipated, enter the amount in #5 box. Enter in #6 box the amount derived from adding #3 to #4 or derived from subtracting #5 from #3. If you do not wish to modify your municipality’s Maximum Grant Amount, leave boxes #4, #5, and #6 blank or enter “N/A.” If you wish to secure approval for changes to the scope of the approved project in the Water Efficiency Grant Program application form, please document the reasons for the amendment in box #7. Please specify what changes are desired in box #8. Please note that all other requirements as found in the Grant Agreement continue to apply. Page 175 of 233 Grant Agreement # 1. Date of change request: 2. Change request number: 3. Current Grant Agreement Amount (as Met Council approved): 4. Increase due to request for additional funding: 5. Decrease due to less demand: 6. Amended Maximum Grant Agreement Amount requested: 7. Reasons for modifying program structure: 8. Proposed changes to program structure: MUNICIPALITY NAME:_________________________________________________________________ MUNICIPALITY AUTHORIZED REPRESENTATIVE (signature and date): Page 176 of 233 ______________________________________________________________________________________ METROPOLITAN COUNCIL PROGRAM ADMINISTRATOR APPROVAL (signature and date): ______________________________________________________________________________________ METROPOLITAN COUNCIL AUTHORIZED SIGNATURE AND DATE ______________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------- Questions may be directed to the Met Council Authorized Representative: Page 177 of 233 Page 178 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Purchase of a 2021 John Deere 324L Compact Wheel Loader, Bucket Attachment, and Tires Meeting: Regular Council - Jun 15 2026 INTRODUCTION: The City recently completed the installation of a salt storage building at the Central Maintenance Facility site. To efficiently move material within the storage area and load trucks with salt during snow events, a new piece of equipment is needed. DISCUSSION: During snow events, all of the Public Work's equipment is utilized including the dump trucks, grader, skid steer, and existing front-end loader. An additional piece of equipment is needed with the ability to reach high enough to load dump trucks yet small enough to maneuver within more confined spaces; a compact wheel loader. BUDGET IMPACT: The cost of this purchase is summarized as follows: Midwest Machinery Co. John Deere 324L Compact Wheel Loader (used) $ 74,900.00 Heartland Tire Alliance Tires (including mounting) $ 4,400.00 Total $ 79,300.00 an for equipment of piece new Staff purchasing recommended had Originally, a estimated cost of $130,000. However, prior to finalizing the 2026-2030 Capital Improvement Plan it was determined that a used loader in good condition could meet the City's needs for an estimated cost of $75,000. After considering the condition and cost of multiple used loaders after the end of the snow season, Staff found a 2021 John Deere 324L with 2,500 hours of use in good condition. While the loader is in acceptable condition, all four tires need replacement, so Staff obtained quotes for replacement tires, with the lower cost coming from Heartland Tire in Page 179 of 233 the amount of $4,400. The approved 2026-2030 Capital Improvement Plan includes $75,000 for purchase of this equipment in 2026. Even though it is used, this loader with new tires will serve the city for years to come. ACTION REQUESTED: Approve the purchase of a used 2021 John Deere 324L Compact Wheel Loader, Bucket Attachment, and Tires for the quoted amounts totaling $79,300. ATTACHMENTS: MIdwest Machinery compact wheel loader quote 052126 Heartland Tire Quote 060226 Page 180 of 233 I. MIDWEST MACHINERY co -JOHN DEERE Page 181 of 233 I. MIDWEST MACHINERY co -JOHN DEERE Page 182 of 233 I. MIDWEST MACHINERY co -JOHN DEERE Page 183 of 233 I. MIDWEST MACHINERY co -JOHN DEERE Page 184 of 233 I. MIDWEST MACHINERY co -JOHN DEERE Page 185 of 233 FY I Jo h n , Da m o n ha s re c e i v e d a be t t e r qu o t e fo r at$4 4 0 0 . Th i s ti r e ha s mi n o r di f f e r e n c e s th a n th e pr e v i o u s ti r e qu o t e d , bu t we do be l i e v e th e s e w ou ld fi t ou r ne e d s . Th a n k yo u , Er i c Wh i t m e r Pu b l i c Wo r k s Su p e r i n t e n d e n t 0 Ma i n : 65 1 - 2 8 0 - 6 8 0 0 | Di r e c t : +1 65 1 - 28 0 - 69 0 4 O 43 0 Th i r d St . Fa r m i n g t o n , MN 55 0 2 4 F RM I N G T N Jo h n Po w e l l Fr o m : Er i c Wh i t m e r Se n t : We d ne s d ay , Ju n e 3,20 2 6 7: 2 8 AM To : Jo h n Po w e l l Cc : Da m onHo p p e Su b j e c t : Lo a d er ti r e qu o t e Fo l l o w Up Fl a g : Fo l l o wup Fl a g St a t u s : Fl a g ge d Fr o m : Da m o n Ho pp e <dh o pp e @ fa r mi n gt o nm n.go v > Se n t : Tu e s d a y , Ju ne 2,20 2 6 2: 5 0 PM To : Er i c Wh i t m e r Co l e Al b e r t s <c a | b e r t s @ f a r m i n g t o n m n . g o v > Su b j e c t : FW : [EX TE RN AL ] Lo a de r ti r e qu o t e By my ma t h th i s aup to$4 4 0 0 fo r awh o l e se tmo u n t e d Da m n Ho p p e Le a d Me c h a n i c 0 Ma i n : 65 1 - 2 8 0 - 68 0 0 |Di r e c t : +1 65 1 - 2 8 0 - 6 9 0 7 0 43 0 Th i r d St . Fa r mi ng to n, MN 55 0 2 4 FA R IN G T Fr o m : R o nPe s k a r< Se n t : Ju n e 2,20 2 6 2: 4 5 PM r9 es k ar C I T Y OF Page 186 of 233 rl e s k n r ? h w —I ' I R E To : Da m o n Ho p p e < > Su b j e c t : [E X T E R N A L ] L o a d e r ti r e qu o t e Yo u do n ' t of t e n ge t em a i l fr o m Go o d af t e r n o o n Da m i o n , Pe r ou r co n v e r s a t i o n th i s mo r n i n g , I fo u n d a hi g h pe r f o r mi n g lo a d e rti r e th a t wo r k s gr e a t insn o w aswe l l as of f - r o a d . Al l i a n c e is ow n e d by Yo k o h a m a , an d th i s is th e i r go - t o ti r e f o rsn o w ti r e s . Qu o t e fo r th e ti r e s is $9 2 5 . 0 0 ea c h . Mo u n t i n g a ti r e wi t h a ne w O- R i n g is $1 7 5 . 0 0 ea c h . It wo u l d ta k e ab o u t a we e k to ge t th e ti r e s in ou r wa r e h o u se . Le t me kn o w ifyo u ha v e an y ot h e r qu e s t i o n s . Th a n k s ag a i n , Ro n Pe s k a r 61 2 - 2 1 0 - 3 6 0 7 CA U TI O N: Th i s em a i l or i g i n a t e d fr o m ou t s i d e of th e or g a n i z a t i o n . Do no t cl i c k li n k s orop e n at t a c h m e n t s un l e s s yo ure c o g n i ze th e se n d e r an d kn o w th e co n t e n t issa f e . PL E A S E RE P O R T SU S P I C I O U S EM A I L S TO : HE AR TL AN D [7 R 5WECADO d h o p gl ea r m in gt o n r he rt l nd t i r e . c o m Le a r n wh th i s isimor t a n t ti r . Page 187 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Real Estate Sale Contract for Real Property in the City of Farmington, Dakota County, Minnesota PID:14-77000-31-023 and PID 14-77000-31-010 Meeting: Regular Council - Jun 15 2026 INTRODUCTION: In March of 2025, the City entered into a Joint Powers Agreement (JPA) with the Vermillion River Watershed Joint Powers Organization and Dakota County for a water quality improvement project located at the northwest corner of the 4th Street/Willow Street intersection. The City intends to purchase two parcels owned by Kemps, LLC to accommodate the proposed construction project and future storm water maintenance and operation activities. DISCUSSION: An existing 66-inch diameter storm sewer flows from south to north along 4th Street, curves to the northwest through Parcel 14-77000-31-010, then discharges into the Vermillion River. A copy of the plan sheet showing this storm sewer is attached, also highlighting the two Kemps, LLC parcels. The goal of this project is to reduce the volume of Total Suspended Solids (TSS) being discharged to the Vermillion River via this storm sewer. TSS are very small particles carried in the water, adversely effecting water quality. The project involves the installation of a filtration structure adjacent to the 66-inch pipe, a diversion structure, and about 80 feet of 30-inch diameter storm sewer. The concrete filtration structure has an interior diameter of 10-feet; installation will require an excavation about 26-feet in depth. The two parcels proposed for purchase include the following: West parcel PID 14-77000-31-023 23,486 SF East parcel PID 14-77000-31-010 4,270 SF 27,756 SF The Dakota County estimated 2026 land value for these two parcels totals $80,800. A Market Value Appraisal prepared in late 2025 yielded a value of $78,000 for both parcels. After a brief negotiation with the property owner, a price of $80,000 was agreed upon. At a City Council Work Session held April 6, 2026, Staff was directed to work with the property Page 188 of 233 owner to prepare a purchase agreement for these two parcels. While the purchase agreement was being prepared, the City also completed a Phase II Environmental Site Assessment. Based on the expected land use, no further site evaluation is needed. The attached Real Estate Sale Contract has been prepared by DFA Dairy Brands Fluid, LLC, and has been reviewed by the City Attorney with no further changes needed. The action requested is subject to final approval by the City Attorney in case any minor issue arises before the closing. BUDGET IMPACT: The estimated project cost in the JPA was $117,120. The estimated project cost in the Feasibility Report recently prepared by the city is $302,250. Neither of these cost estimates included property or easement acquisition costs. As indicated at the April 6, 2026, Work Session, the source of the funding for this property purchase is the Storm Water Fund. ACTION REQUESTED: Approve the Real Estate Sale Contract for Real Property in the City of Farmington, Dakota County, Minnesota PID:14-77000-31-023 and PID 14-77000-31-010 subject to final review by the City Attorney. ATTACHMENTS: Storm sewer plan with Marigold Foods parcels highlighted Marigold Food Purchase Agreement Page 189 of 233 Pa g e 1 9 0 o f 2 3 3 238964v1 REAL ESTATE SALE CONTRACT 1. Purchaser. CITY OF FARMINGTON, MINNESOTA, a Minnesota municipal corporation, ("Purchaser"), agrees to purchase at a purchase price of Eighty Thousand and 00/100 Dollars ($80,000.00) ("Purchase Price"), upon the terms, covenants, conditions and agreements set forth herein, the "Premises" consisting of the following: (a) the parcels of land located in Farmington, MN, which are legally described on Exhibit A attached hereto and made a part hereof (the "Land"); (b) any improvements thereon ("Improvements"); (c) all rights, easements and interests appurtenant to the Land and Improvements; and (d) all fixtures, appliances, equipment, machinery and/or personal property owned by Seller actually located on the Land or Improvements upon the Closing Date (collectively, "Equipment"). 2. Seller. KEMPS, LLC, a Delaware limited liability company, (“Seller”) agrees to sell the Premises for the Purchase Price, upon the terms, covenants, conditions and agreements set forth herein, and to convey title thereto (other than the Equipment) to Purchaser by a Limited Warranty Deed, (the "Deed") in the form attached hereto as Exhibit B. The Equipment shall be conveyed by Bill of Sale in the form attached hereto as Exhibit C (the "Bill of Sale"). 3. Purchase Price. The Purchase Price (plus or minus prorations, credits or other adjustments) shall be payable by wire transfer or other immediately available funds on the Closing Date (as defined below). 4. Title: (a) Within five (5) days of execution of this Contract (herein so called) by both parties (such date being referred to herein as the "Effective Date"), Purchaser shall order through Escrowee (as defined below) a commitment for an owner's policy of title insurance with respect to the Premises (the "Commitment"). The Commitment shall be issued giving the current condition of title to the Premises, together with copies of all documents of record whereby Escrowee is bound to issue to Purchaser or its nominee for the full amount of the Purchase Price a standard owner's title policy subject to the Permitted Exceptions (as defined below) ("Title Policy"). (b) From the date of receipt by Purchaser of the (i) Commitment, and, to the extent timely ordered by Purchaser, (ii) Survey (as defined below) provided for in Section 4(c) hereof, whichever occurs last, Purchaser shall have five (5) days to examine them. If, in Purchaser's opinion, the Commitment (and any items shown on the Survey) show good and merchantable title in fee simple in Seller such that Escrowee will insure as provided herein, and Purchaser does not terminate this Contract per Section 11(c) below, this transaction shall be closed (herein the "Closing") on the Closing Date (as defined herein). Page 191 of 233 2 238964v1 If, within the above title examination period, Purchaser notifies Seller of Purchaser's title and/or survey objections, Seller shall have five (5) days of receipt of notice Purchaser(to cure to or remove attempt to otherwise 'such satisfaction) s objections. If Seller does not remove or otherwise cure (to Purchaser's satisfaction) any item to which Purchaser objects within such five (5) day period, Purchaser may, prior to the PeriodInspection the of expiration either transaction the close to , elect notwithstanding the objections or terminate this Contract and the Earnest Money deposit shall be returned to Purchaser, except that, with respect to liens secured by deeds of trust securing loans made to Seller, mechanics' liens relating to work authorized by Seller, judgment liens against Seller, delinquent taxes and any voluntary liens created by or on behalf of Seller (herein "Monetary Liens"), Seller shall have same removed on or before the Closing Date. (c) At Purchaser's expense, Purchaser may, at its option, obtain a current as- built survey for the Premises ("Survey"); provided that any Survey must be ordered within five (5) business days after the Effective Date and received no later than the expiration of the Inspection Period. Any objections by Purchaser to anything shown on the Survey shall be treated as title objections pursuant to Section 4(b) above and handled consistently therewith. (d) For purposes of this Contract, the term "Permitted Exceptions" shall mean (i) any matters of record or "survey exceptions" which do not materially interfere with the use or ownership of the Premises, including, but not limited to, current taxes and assessments years; subsequent for assessments and taxes delinquent yet not and covenants, restrictions, reservations, rights, rights-of-way, easements and other matters of record; and any encroachments, (ii) any "preprinted" exceptions and (iii) to the extent Purchaser does not object within such period (or otherwise waives as set forth above), any other items therein. Monetary Liens shall not be considered to be Permitted Exceptions and shall be removed by Seller on or before the Closing Date without notice or demand from Purchaser or Escrowee. 5. Earnest Money. Purchaser shall deposit One Thousand Five Hundred and No/00 Dollars ($1,500.00) (collectively, "Earnest Money") with Land Title Roseville, 2200 W county Road C, Suite 2205, Roseville, MN 55113, Attn: Vanessa Bourgoin,vbourgoin@landtitleinc.com ("Escrowee") within five (5) business days after the Effective Date. The Earnest Money shall be applied as a credit towards the Purchase Price at Closing (as defined below) or paid to Purchaser or Seller in accordance with the terms of this Contract. The Earnest Money shall be applied as a credit towards the Purchase Price at Closing or paid to Purchaser or Seller in accordance with the terms of this Contract. 6. Default. In the event this transaction fails to close: (a) due to Seller’s default or other failure of Seller to perform the material terms set forth in this Contract, Purchaser shall have the right to (i) seek the specific performance of this Contract, (ii) terminate the Contract and receive the Earnest Money, and/or (iii) pursue any other right or remedy which may be available at law, or in equity; however, if due to Purchaser's termination of this transaction Page 192 of 233 3 238964v1 pursuant to Section 8 or Section 11(c) and not as a result of Seller’s default, this Contract shall terminate and Purchaser shall receive the Earnest Money, as its sole remedy, and Seller and Purchaser shall be thereby released from all liability or obligation hereunder, except to the extent arising in connection with Section 11(b) or Section 17; (b) due to Purchaser's default or other failure of Purchaser to perform the material terms set forth in this Contract, Seller shall have the right to (i) seek the specific performance of this Contract, (ii) terminate the Contract and receive the Earnest Money, and/or (iii) pursue any other right or remedy which may be available at law, or in equity; and/or (c) pursuant to Section 8, Purchaser shall have the additional remedies set forth in Section 8. 7. Closing. The Closing shall take place on the date (the "Closing Date") which is thirty (30) days following the expiration of the Inspection Period, or such earlier date as may be approved by Seller and Purchaser in writing. Notwithstanding anything herein to the contrary, this Contract, and Seller’s obligation to proceed with Closing, is expressly conditioned upon Seller obtaining approval of the purchase and sale transaction contemplated herein from its Board of Directors. If Seller is unable to obtain approval from its Board of Directors prior to the Closing Date, then Seller may terminate this Contract. Upon such termination, the Earnest Money shall be returned to Purchaser. 8. Condemnation and Casualty. If, prior to Closing, all or any material part of the Premises are destroyed ("Material Casualty") or are taken by eminent domain/condemnation ("Significant Taking"), Purchaser shall have the right to terminate this Contract and to recover all Earnest Money within five (5) days after receipt of written notice of such occurrence from Seller. In the event of a non-Significant Taking (or a Significant Taking, if Purchaser elects to close the subject transaction), Purchaser shall, at Seller's election, be credited with (and the Purchase Price adjusted accordingly), or be assigned (without recourse to Seller) Seller 's right to, any condemnation proceeds received or to be received therefrom (in each case not to exceed the Purchase Price). In the event of an assignment of any such condemnation proceeds, the Purchase Price shall remain unaffected. In addition, in the event of a non-Material Casualty (or a Material Casualty where Purchaser does not terminate this Contract), there will be no obligation on Seller's part to make repairs and no adjustment to the Purchase Price, but all applicable insurance proceeds shall be assigned to Purchaser at the Closing (in each case not to exceed the Purchase Price). For purposes of this Section 8, the term "material" shall mean that the cost to repair and restore any damage caused by such condemnation or casualty is greater than $10,000.00. 9. Closing Documents. The Closing shall be conducted on the Closing Date or such earlier date as may be mutually acceptable to Seller and Purchaser at the offices of Escrowee. (a) On the Closing Date, Seller shall deliver to Purchaser, through Escrow: (i) Limited Warranty Deed; (ii) Bill of Sale; Page 193 of 233 4 238964v1 (iii) Closing Statement; (iv) FIRPTA Affidavit; and (v) any and all other customary Seller's documents and other documents referenced herein. (b) On the Closing Date, Purchaser shall deliver to Seller through Escrow: (i) The Purchase Price, by wire transfer; (ii) Closing Statement; and (iii) any and all other customary Purchaser's documents and other documents referenced herein. 10. "As-Is, Where-Is"; Waiver/Release. (a) Purchaser and Seller agree that (i) Seller is making no representation as to the condition of the Premises, and (ii) at, and as a condition of, Closing, Purchaser accepts the Premises on an “AS IS, WHERE IS AND WITH ALL FAULTS” BASIS AND WAIVES, RELEASES, ACQUITS AND, FOREVER DISCHARGES Seller from any and all matters of any kind in connection with the Premises. (b) PURCHASER HEREBY EXPRESSLY ACKNOWLEDGES THAT IT HAS OR WILL PERIOD, THE OF END INSPECTION TO PRIOR HAVE, THE THOROUGHLY INSPECTED AND EXAMINED THE PREMISES TO THE EXTENT DEEMED NECESSARY BY PURCHASER IN ORDER TO ENABLE PURCHASER THE TO EVALUATE THE PURCHASE OF PREMISES. A KNOWLEDGEABLE IS IT THAT REPRESENTS PURCHASER PURCHASER OF DEVELOPMENTS SUCH AS THE PREMISES AND THAT IT IS RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF PURCHASER'S CONSULTANTS. PURCHASER WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PREMISES, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL RELY UPON SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK OF ANY ADVERSE MATTERS, INCLUDING, AND ADVERSE TO, PHYSICAL NOT BUT LIMITED ENVIRONMENTAL CONDITIONS, THAT MAY NOT HAVE BEEN REVEALED BY PURCHASER'S INSPECTIONS AND INVESTIGATIONS. PURCHASER THAT AGREES FURTHER ACKNOWLEDGES AND PURCHASER IS ACQUIRING THE PROPERTY ON AN AS IS, WHERE IS AND WITHOUT WITH ALL FAULTS BASIS, REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, EXCEPT FOR WARRANTIES OF TITLE CONTAINED IN THE DEED DELIVERED AT CLOSING. PURCHASER HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES) RESULTING OR ARISING FROM OR RELATING Page 194 of 233 5 238964v1 TO THE OWNERSHIP, USE, CONDITION, LOCATION, MAINTENANCE, REPAIR, OR OPERATION OF THE PREMISES. (c) AND THE THAT UNDERSTOOD TERMS AGREED IS IT AND PROVISIONS OF THIS SECTION SHALL EXPRESSLY SURVIVE THE CLOSING AND NOT MERGE THEREIN. 11. Scope of Inspection. (a) Seller agrees that, beginning on the Effective Date and continuing for fourteen (14) days thereafter (the "Inspection Period"), Purchaser may conduct such inspections (collectively, audits and "Investigations"Purchaser may as ) reasonably desire with respect to the Premises, including, without limitation, engineering and economic feasibility studies and any environmental testing or studies laws, local or state any federal, compliance to respect with with regulations or codes, including, but not limited to, any of the foregoing applicable to environmental compliance, enforcement or regulation (collectively, "Legal Requirements"); provided, however, (i) Purchaser shall provide Seller at least twenty-four (24) hours prior written notice of its election to conduct any such on-site Investigation (such written notice may be delivered electronically via email); and (ii) Purchaser shall not undertake any invasive testing procedures with respect to the Improvements or any portion of the Premises without Seller's additional prior written permission, which consent may be withheld by Seller in its sole and absolute discretion. In undertaking any Investigation hereunder: (i) Purchaser will cause it agents and contractors to, maintain during the course liability insurance general commercial Investigations, the of coverage on an "occurrence" basis (endorsed to include hazards of underground and collapse coverage, including operations explosion, independent contractor, broad form property damage liability coverage, products/completed operations coverage, and contractual liability of than less not amount combined single limit a in coverage) $1,000,000.00, with a general aggregate for all occurrences within such policy year of not less than $1,000,000.00; Limit may be provided with a combination of underlying and Umbrella coverage. (ii) all such Investigations shall be performed on the Premises by a State of California nationally recognized environmental company, during normal business hours (8:00 AM to 5:00 PM), and in such a manner which will minimize interference with the normal operation of the Premises by Seller and prevent injury to both person (including death) and property; (iii) Purchaser agrees to provide Seller, at Seller’s expense, with copies of all non-proprietary environmental test reports, site assessment reports, surveys and/or any other reports or documentation relating to the Investigations concerning the Premises; (iv) Seller reserves the right, at its expense, to have its consultant observe any Investigations, provided that, in no event, shall such observation be Page 195 of 233 6 238964v1 deemed an approval by Seller or its consultant of (or waiver of any rights of Seller in connection with) any such activities conducted by Purchaser; (v) if any soil/groundwater tests or asbestos samples (or other "invasive" Investigations) have been pre-approved by Seller and are to be performed by Purchaser in, on, under or above the Premises or any improvement thereon as part of the Investigations, Purchaser shall provide Seller, at Seller's request and expense, with "split samples" thereof; (vi) if the Closing does not occur for any reason, Purchaser will repair any damage to the Premises (including any improvements thereon) as a result of its Investigations any (including Premises the restore will and improvements thereon) to its prior condition existing immediately prior to Purchaser's performance of the Investigations; and (vii) a regarding information ll these Investigations strictly kept will be confidential by Purchaser and shall not be disclosed to any third party, except on a "need to know basis" in connection with the evaluation of this transaction. Any such third party to whom this information is revealed must agree to keep the information strictly confidential, in accordance herewith. Purchaser will be responsible for any Damages (as defined below) for the breach of the foregoing, whether by Purchaser or any one to whom it has been revealed. (b) Purchaser hereby indemnifies, defend and holds Seller harmless from and against any and all losses, liabilities, expenses (including attorneys and/or consultants fees), damages for injury to persons (including death) or property, claims, suits or causes of action (collectively, "Damages") arising out of, related to or resulting in whole part in or from Purchaser'employeesPurchaser's or s 'agents, ' or independent contractors' presence on the Premises or any acts or omissions thereof in connection therewith or any failure thereof to comply with the provisions of this Section 11, however, Purchaser shall have no liability nor any obligation to indemnify Seller should Purchaser’s activities merely discover the existence of any adverse physical condition at or of the Premises. (c) Notwithstanding anything in this Contract to the contrary, Purchaser may notify Seller in writing on or before the expiration of the Inspection Period that Purchaser, for any reason or no reason whatsoever, does not desire to consummate this Contract and, in such event, this Contract shall terminate, whereupon the Earnest Money shall be immediately returned to Purchaser by the Escrowee and the parties hereto shall have no further obligations one to the other hereunder, except to the extent arising in connection with Section 11(b) or Section 17. 12. Equipment. Purchaser and Seller acknowledge and agree that Seller shall have the right, but have no obligation, to remove any portion of the personal property from the Land at any time prior to the Closing Date. The parties hereto agree that all fixtures, appliances, equipment, machinery and/or personal property owned by Seller that are actually located on the Land or Improvements upon the Closing Date shall be deemed to be the Equipment that is conveyed to Purchaser in accordance with the terms of Section 2 hereof in its “AS-IS, WHERE- Page 196 of 233 7 238964v1 IS” condition and that Seller makes no warranties whatsoever as to the Equipment’s condition or fitness for a particular purpose. 13. Survival. It is agreed and understood that the terms and provisions of Sections 10(a) and 11 shall expressly survive the Closing forever and not merge therein. 14. Expenses. Seller shall be responsible for the payment of all (a) expenses associated with releases of unpermitted title exceptions, (b) recording fees associated with recording the deed, and (c) 50% of all escrow fees. Purchaser shall be responsible for the following: (a) all costs associated with its pre-closing Investigations, including but not limited to, the cost of the natural hazard zone disclosure report, (b) premiums and charges for the issuance of the Commitment and Title Policy, including all costs associated with title search and exam fees and expenses associated with releases of unpermitted title exceptions, and (c) recording fees associated with recording of any mortgage or deed of trust to be recorded against the Premises, (d) all premiums and charges in connection with any mortgagee commitments or policies, and (e) 50% of all escrow fees. Seller and Purchaser shall each pay the fees and expenses of their respective legal counsel. All real estate taxes for the tax year in which this transaction closes shall be prorated as of the Closing Date. 15. Notices. All notices required or to be given pursuant hereto shall be in writing and either delivered personally or by a nationally recognized "overnight" courier service or mailed by United States certified or registered mail, postage prepaid, addressed to Seller and Purchaser as follows, or sent by electronic mail: The proper address for Purchaser is as follows: City of Farmington, MN 430 Third Street Farmington, MN 55024 Attention: John Powell Public Works Director/City Engineer E-Mail: jpowell@FarmingtonMN.gov Telephone: (651) 280-6841____ with a copy to: Campbell Knutson, PA Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Attention: Amy Schmidt Farmington City Attorney E-mail: aschmidt@ck-law.com Telephone: (651) 234-6232 Page 197 of 233 8 238964v1 The proper address for Seller is as follows: DFA Dairy Brands Fluid, LLC 8401 N. Central Expressway Suite 400 Dallas, Texas 75225 Attention: Matt Smoot Voice No. (214) 721-1141 Email: matt.smoot@dfamilk.com with copy to: DFA Dairy Brands Fluid, LLC 8401 N. Central Expressway Suite 400 Dallas, Texas 75225 Attention: Legal Department Voice No. (214) 721-1146 Email: greg.packer@dfamilk.com 16. Successors and Assigns. This Contract shall inure to the benefit of and shall be binding upon Purchaser and Seller, their respective heirs, executors, administrators, successors, nominees, assigns, grantees and legal representatives. Purchaser may not assign or transfer this Contract or any right or interest therein without the consent of Seller, which consent will not be unreasonably withheld, conditioned or delayed; provided that (a) Purchaser, without Seller’s consent, shall have the right to assign its interest in this Contract and the Escrow to any entity controlled, controlled by or under common control with Purchaser, and (b) Purchaser shall not be released from any obligations hereunder with respect to any events accruing prior to the date of such transfer. 17. Commissions. Seller and Purchaser covenant and agree one with the other that, (i) each such respective party has not authorized any broker or finder to act on such party's behalf in connection with the sale and purchase hereunder and (ii) no real estate commissions, finders' fees or brokers' fees ("Commission") have been or will be incurred in connection with the Contract or the sale contemplated hereby, in each case. Each party hereto agrees to indemnify, defend, and hold harmless the other party from and against any and all Damages arising out of or resulting from any agreement, arrangement, or understanding alleged to have been made by such party with any broker or finder in connection with this Contract or the transaction contemplated hereby. This obligation shall survive the Closing or any earlier termination of this Contract. 18. Entire Contract. This Contract merges all prior negotiations and understandings between the parties and constitutes their entire Contract. This Contract may be executed in one Page 198 of 233 9 238964v1 or more counterparts, each of which shall be an original, and all of which together shall constitute a single instrument. 19. Time is of the Essence. Time is of the essence with respect to all aspects of this Contract. Notwithstanding the foregoing, should either party be in default under this Contract, and such default is curable (it being agreed that Purchaser’s failure to timely notify Seller of Purchaser’s and/or 11(c), Section per Contract, above, consummate to not election this Purchaser’s failure to timely close Escrow, per Section 7, above, are not curable defaults and Seller shall not be obligated to provide Purchaser with any notice should Purchaser default under such Sections), the non-defaulting party shall give written notice to the defaulting party of the claimed default and the defaulting party shall have three (3) business days from its receipt of notice to cure such default. 20. Waiver. No failure or delay on the part of either party in exercising any power or right under this Contract shall operate as a waiver of such power or right, nor shall any single or partial exercise of any power or right preclude any other or further exercise of such power or right, or the exercise of any other power or right. No waiver by any party of any provision of this Contract, or of any default, shall be effective unless in writing and signed by the party against whom the waiver is to be enforced. 21. Partial Invalidity. If any clause or provision of this Contract is or should ever be held to be illegal, invalid, or unenforceable under any present or future law applicable to the terms hereof, it is the intention of the parties hereto that the remainder of this Contract shall not be affected thereby, and that in lieu of each such clause or provision of this Contract that is illegal, invalid, or unenforceable, there be added as a part of this Contract a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible to effectuate the intention of the parties hereto. 22. No Oral Modification. This Contract may not be modified or amended except by an agreement in writing signed by both Seller and Purchaser. 23. [Reserved.] 24. Governing Law. The parties hereto expressly agree that this Contract shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of Minnesota. 25. Attorneys’ Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Contract, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit and any appeals therefrom, and enforcement of any judgment in connection therewith, including reasonable attorneys' and expert witness fees. [EXECUTED ON FOLLOWING PAGE] Page 199 of 233 10 238964v1 EXECUTED by Seller this _________ day of __________________, 2026. SELLER: KEMPS, LLC, a Delaware limited liability company By: Name: Title: EXECUTED by Purchaser this ___________ day of ___________, 2026. PURCHASER: CITY OF FARMINGTON, MINNESOTA By: Nicholas Lien, Mayor By: Melissa Geis, City Clerk Page 200 of 233 11 238964v1 The Contract has been received by the Escrowee this the ____ day of ___________, 2026. The undersigned Escrowee agrees to be bound by the terms and provisions of this Contract. LAND TITLE ROSEVILLE By: Name: Title: Page 201 of 233 238964v1 EXHIBIT A LEGAL DESCRIPTION Lot One (1), in Block Thirty-one (31), excepting therefrom the South Three Hundred Fifty-three (353) feet and the west Twenty (20) feet of said Lot One (1), Lots Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9) and Ten (10) in Block Thirty -two (32). Lots Eleven (11) and Twelve (12) in Block Thirty-two (32), excepting therefrom a part of Lot Eleven (11), bounded and described as follows, to-wit: Beginning at the Southwest corner of said Lot Eleven (11) in Block Thirty-two (32), running thence easterly along the south line of said Lot, to the Southeast corner thereof, thence North along the East line of said Lot, Sixty (60) feet; thence westerly and parallel with the South line of said Lot, to the West line thereof, thence South along the said West line of said Lot, Sixty (60) feet to the place of beginning. All the above lots are located in the Town of Farmington, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Dakota County. AND The South 400 feet of Lots 1 and 2 in Block 31 in the Town of Farmington, excepting therefrom the South 228 feet thereof, and also excepting that part thereof commencing at a point 353 feet North of the Southeast corner of said Lot 1; thence West 40 feet; thence North 47 feet; thence East, parallel to the South boundary line of said Lot 1, a distance of 40 feet to the East line of said Lot 1, and thence South to the point of beginning, according to the recorded plat thereof in Dakota County, Minnesota. Page 202 of 233 238964v1 EXHIBIT B SPECIAL WARRANTY DEED STATE OF MINNESOTA § § KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF DAKOTA § KEMPS, LLC, a Delaware limited liability company, (whether one or more, "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration paid by the CITY OF FARMINGTON, MINNESOTA, (whether one or more, "Grantee"), the receipt and sufficiency of which are hereby acknowledged and confessed, subject to the exceptions, liens, encumbrances, terms and provisions hereinafter set forth and described, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby GRANT, BARGAIN, SELL and CONVEY, unto Grantee all of that certain lot, tract or parcel of land located in Dakota County, MN, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference for all purposes. TOGETHER WITH, all and singular, the rights, benefits, privileges, easements, tenements, hereditaments, appurtenances and interests thereon or in anywise appertaining thereto and with all improvements located thereon (said land, rights, benefits, privileges, easements, tenements, hereditaments, appurtenances, improvements and interests being hereinafter referred to as the "Property"). For the same consideration recited above, Grantor hereby BARGAINS, SELLS and TRANSFERS, without warranty, express or implied, all interest, if any, of Grantor in (i) strips or gores, if any, between the Property and abutting or immediately adjacent properties, and (ii) any land lying in or under the bed of any street, alley, road or right-of-way, opened or proposed, abutting or immediately adjacent to the Property. This conveyance is made subject and subordinate to the following permitted exceptions ("Permitted Exceptions"): current taxes and assessments not yet due and payable and taxes and assessments for subsequent years; covenants, restrictions, reservations, rights, rights-of-way, easements and other matters of record; all zoning ordinances or statutes and building, use and occupancy restrictions of public record; all public and private roads and easements; all matters that would be disclosed or apparent on a current survey, all of the foregoing without limitation or expansion of the scope of the special warranty herein contained. TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions as aforesaid, unto Grantee, and Grantee's heirs, executors, administrators, personal representatives, successors and assigns, forever. Grantor does hereby covenant with Grantee and it assigns that, subject to the Permitted Exceptions, Grantor is lawfully seized of said Property and that Grantor has the good right and lawful authority to convey the same. Grantor does hereby bind Grantor, and Grantor's successors and assigns, to WARRANT and FOREVER DEFEND, all and singular, Page 203 of 233 238964v1 the Property, subject to the Permitted Exceptions, unto Grantee, and Grantee's heirs, executors, administrators, personal representatives, successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. Except as specifically stated herein, Grantor hereby specifically disclaims any warranty, guaranty, or representation, oral or written, past, present or future, of, as, to, or concerning (i) the nature and condition of the Property, including but not by way of limitation, the water, soil, geology and the suitability thereof, and of the Property, for any and all activities and uses which Grantee may elect to conduct thereon or any improvements Grantee may elect to construct thereon, income to be derived therefrom or expenses to be incurred with respect thereto, or any obligations or any other matter or thing relating to or affecting the same; (ii) the manner of construction and condition and state of repair or lack of repair of any improvements located thereon; (iii) except for any warranties contained herein, the nature and extent of any easement, right-of-way, lease, possession, lien, encumbrance, license, reservation, condition or otherwise; and (iv) the compliance of the Property or the operation of the Property with any laws, rules, ordinances, or regulations of any government or other body. THE CONVEYANCE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS" BASIS, AND GRANTEE ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENTS OF GRANTOR HEREIN, EXCEPT AS OTHERWISE SPECIFIED HEREIN, GRANTOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF A FOR FITNESS CONDITION, MERCHANTABILITY, HABITABILITY, OR PARTICULAR PURPOSE OF THE PROPERTY. EXECUTED as of the _______ day of _______________, 2026. GRANTOR: KEMPS, LLC, a Delaware limited liability company By: Name: Title: Page 204 of 233 238964v1 STATE OF _________ § § COUNTY OF _______ § This instrument was ACKNOWLEDGED before me, on the _____ day of _______________, 2026, by __________________________________of Kemps, LLC, a Delaware limited liability company, on behalf of said company. [S E A L] Notary Public, State of __________ My Commission Expires: Printed Name of Notary Public: GRANTEE'S ADDRESS FOR TAX NOTICES: ____________________________ ____________________________ ____________________________ When recorded, return to: ____________________________ ____________________________ ____________________________ Page 205 of 233 238964v1 EXHIBIT A LEGAL DESCRIPTION Lot One (1), in Block Thirty-one (31), excepting therefrom the South Three Hundred Fifty-three (353) feet and the west Twenty (20) feet of said Lot One (1), Lots Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9) and Ten (10) in Block Thirty -two (32). Lots Eleven (11) and Twelve (12) in Block Thirty-two (32), excepting therefrom a part of Lot Eleven (11), bounded and described as follows, to-wit: Beginning at the Southwest corner of said Lot Eleven (11) in Block Thirty-two (32), running thence easterly along the south line of said Lot, to the Southeast corner thereof, thence North along the East line of said Lot, Sixty (60) feet; thence westerly and parallel with the South line of said Lot, to the West line thereof, thence South along the said West line of said Lot, Sixty (60) feet to the place of beginning. All the above lots are located in the Town of Farmington, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Dakota County. AND The South 400 feet of Lots 1 and 2 in Block 31 in the Town of Farmington, excepting therefrom the South 228 feet thereof, and also excepting that part thereof commencing at a point 353 feet North of the Southeast corner of said Lot 1; thence West 40 feet; thence North 47 feet; thence East, parallel to the South boundary line of said Lot 1, a distance of 40 feet to the East line of said Lot 1, and thence South to the point of beginning, according to the recorded plat thereof in Dakota County, Minnesota. Page 206 of 233 238964v1 EXHIBIT C FORM OF BILL OF SALE BILL OF SALE KEMPS, LLC, ("Seller"), for and in consideration of the sum of TEN DOLLARS, to it paid by CITY OF FARMINGTON, MINNESOTA, ("Purchaser"), the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto Purchaser, all Equipment, as such term is defined in that certain Contract dated ______________ by and between Seller and Purchaser, subject to the provisions and caveats set forth therein, including, but not limited to Section 10 thereof. TO HAVE AND TO HOLD the same unto Purchaser forever. IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ____________________, 2026. SELLER: KEMPS, LLC By: Name: Title: Page 207 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Receive Quotes and Award a Contract for the 2026 Summer Ash Tree & Stump Removal Meeting: Regular Council - Jun 15 2026 INTRODUCTION: The City continues to implement the approved Emerald Ash Borer (EAB) Management Plan in a manner that prioritizes public safety. Staff has identified the specific location and diameters of 67 ash trees to be removed as part of the 2026 Summer Ash Tree & Stump Removal project. DISCUSSION: For the 67 locations identified in the bid documents, the bid includes:  Contractor shall inform residents of tree removal one week in advance of work; renotification is required if schedule is altered.  Stumps are to be ground and shavings removed.  Quality fill and seed are to be used for restoration according to City specifications.  Allowable working hours are weekdays from 7 am to 7 pm. City Staff forwarded the Request for Quote documents to 16 area contractors; two responsive bids were received as shown on the attached tabulation and summarized as follows: Contractor Total Amount Carr's Tree Service $ 41,205.00 Castle Rock Contracting & Tree Service $ 50,250.00 The low bid is from Carr's Tree Service for the total amount of $41,205.00; the completion date for this work is August 28, 2026. Carr's Tree Service has successfully completed similar projects for the City. BUDGET IMPACT: Emerald Ash Borer related costs are funded via Natural Resources Capital; with costs charged to the Contractual Services account. Page 208 of 233 ACTION REQUESTED: Staff recommends acceptance of the quotes and award of a contract for the 2026 Summer Ash Tree & Stump Removal project to Carr's Tree Service for the quoted amount of $41,205.00 and authorizes the Mayor and City Administrator to execute same. ATTACHMENTS: 26-15 Quote Tabulation Page 209 of 233 QUOTE TABULATION QUOTES DUE: JUNE 9, 2026 AT 10:00 AM 2026 SUMMER ASH TREE AND STUMP REMOVAL CITY OF FARMINGTON CP 26-15 TREE STUMP TREE STUMP REMOVAL REM/REST THIS TREE REMOVAL REM/REST THIS TREE TREE ID ADDRESS DBH AMOUNT AMOUNT TOTAL PRICE AMOUNT AMOUNT TOTAL PRICE 8985 19499 ELKRIDGE TRL 17 382.50$ 187.00$ 569.50$ 400.00$ 350.00$ 750.00$ 9003 19301 EMBERS AVE 21 472.50$ 231.00$ 703.50$ 400.00$ 350.00$ 750.00$ 9011 4901 193RD ST W 25 562.50$ 275.00$ 837.50$ 400.00$ 350.00$ 750.00$ 9015 4950 193RD ST W 20 450.00$ 220.00$ 670.00$ 400.00$ 350.00$ 750.00$ 9018 4955 193RD ST W 16 360.00$ 176.00$ 536.00$ 400.00$ 350.00$ 750.00$ 9019 4943 193RD ST W 17 382.50$ 187.00$ 569.50$ 400.00$ 350.00$ 750.00$ 9020 4915 193RD ST W 22 495.00$ 242.00$ 737.00$ 400.00$ 350.00$ 750.00$ 9025 4936 193RD ST W 17 382.50$ 187.00$ 569.50$ 400.00$ 350.00$ 750.00$ 9027 19394 ELKRIDGE TRL 16 360.00$ 176.00$ 536.00$ 400.00$ 350.00$ 750.00$ 9028 19402 ELKRIDGE TRL 20 450.00$ 220.00$ 670.00$ 400.00$ 350.00$ 750.00$ 9039 19250 DUNBURY AVE 18 405.00$ 198.00$ 603.00$ 400.00$ 350.00$ 750.00$ 9040 across from 19229 Dunbury Ave 19 427.50$ 209.00$ 636.50$ 400.00$ 350.00$ 750.00$ 9043 4818 192ND ST W 18 405.00$ 198.00$ 603.00$ 400.00$ 350.00$ 750.00$ 9045 19229 DUNBURY AVE 17 382.50$ 187.00$ 569.50$ 400.00$ 350.00$ 750.00$ 9046 19247 DUNBURY AVE 18 405.00$ 198.00$ 603.00$ 400.00$ 350.00$ 750.00$ 9047 19263 DUNBURY AVE 17 382.50$ 187.00$ 569.50$ 400.00$ 350.00$ 750.00$ 9048 19295 DUNBURY AVE 20 450.00$ 220.00$ 670.00$ 400.00$ 350.00$ 750.00$ 9049 19097 DUNBURY AVE 15 337.50$ 165.00$ 502.50$ 400.00$ 350.00$ 750.00$ 9051 19097 DUNBURY AVE 18 405.00$ 198.00$ 603.00$ 400.00$ 350.00$ 750.00$ 9053 19094 DUNBURY AVE 15 337.50$ 165.00$ 502.50$ 400.00$ 350.00$ 750.00$ 9057 19157 DUNBURY AVE 17 382.50$ 187.00$ 569.50$ 400.00$ 350.00$ 750.00$ 9058 4818 191ST ST W 20 450.00$ 220.00$ 670.00$ 400.00$ 350.00$ 750.00$ 9059 4826 191ST ST W 19 427.50$ 209.00$ 636.50$ 400.00$ 350.00$ 750.00$ 9060 4833 191ST ST W 15 337.50$ 165.00$ 502.50$ 400.00$ 350.00$ 750.00$ 9061 4817 191ST ST W 18 405.00$ 198.00$ 603.00$ 400.00$ 350.00$ 750.00$ 9062 4817 191ST ST W 18 405.00$ 198.00$ 603.00$ 400.00$ 350.00$ 750.00$ TOTAL QUOTE:$41,205.00 CARR'S TREE SERVICE $50,250.00 CASTLE ROCK CONTRACTING Pa g e 2 1 0 o f 2 3 3 9063 4826 191ST ST W 16 360.00$ 176.00$ 536.00$ 400.00$ 350.00$ 750.00$ 9065 4833 191ST ST W 15 337.50$ 165.00$ 502.50$ 400.00$ 350.00$ 750.00$ 9067 4849 191ST ST W 22 495.00$ 242.00$ 737.00$ 400.00$ 350.00$ 750.00$ 9068 4854 191ST ST W 23 517.50$ 253.00$ 770.50$ 400.00$ 350.00$ 750.00$ 9071 4873 191ST ST W 19 427.50$ 209.00$ 636.50$ 400.00$ 350.00$ 750.00$ 9073 4873 191ST ST W 15 337.50$ 165.00$ 502.50$ 400.00$ 350.00$ 750.00$ 9080 19165 EMBERS AVE 16 360.00$ 176.00$ 536.00$ 400.00$ 350.00$ 750.00$ 9081 19165 EMBERS AVE 20 450.00$ 220.00$ 670.00$ 400.00$ 350.00$ 750.00$ 9084 19165 EMBERS AVE 22 495.00$ 242.00$ 737.00$ 400.00$ 350.00$ 750.00$ 9085 19195 EMBERS AVE 17 382.50$ 187.00$ 569.50$ 400.00$ 350.00$ 750.00$ 9088 4875 192ND ST W 21 472.50$ 231.00$ 703.50$ 400.00$ 350.00$ 750.00$ 9092 4862 192ND ST W 18 405.00$ 198.00$ 603.00$ 400.00$ 350.00$ 750.00$ 9093 4851 192ND ST W 19 427.50$ 209.00$ 636.50$ 400.00$ 350.00$ 750.00$ 9094 4839 192ND ST W 18 405.00$ 198.00$ 603.00$ 400.00$ 350.00$ 750.00$ 9095 19193 DUNBURY AVE 16 360.00$ 176.00$ 536.00$ 400.00$ 350.00$ 750.00$ 9096 4834 192ND ST W 19 427.50$ 209.00$ 636.50$ 400.00$ 350.00$ 750.00$ 9097 19295 DUNBURY AVE 19 427.50$ 209.00$ 636.50$ 400.00$ 350.00$ 750.00$ 9101 19229 EMBERS AVE 18 405.00$ 198.00$ 603.00$ 400.00$ 350.00$ 750.00$ 9102 19229 EMBERS AVE 24 540.00$ 264.00$ 804.00$ 400.00$ 350.00$ 750.00$ 9342 19990 ENGLISH AVE 17 382.50$ 187.00$ 569.50$ 400.00$ 350.00$ 750.00$ 9343 19904 ENGLISH CT 15 337.50$ 165.00$ 502.50$ 400.00$ 350.00$ 750.00$ 9344 19985 ENGLISH AVE 18 405.00$ 198.00$ 603.00$ 400.00$ 350.00$ 750.00$ 9345 19997 ENGLISH AVE 15 337.50$ 165.00$ 502.50$ 400.00$ 350.00$ 750.00$ 9351 20240 ENGLISH AVE 18 405.00$ 198.00$ 603.00$ 400.00$ 350.00$ 750.00$ 9352 20240 ENGLISH AVE 18 405.00$ 198.00$ 603.00$ 400.00$ 350.00$ 750.00$ 9353 20240 ENGLISH AVE 17 382.50$ 187.00$ 569.50$ 400.00$ 350.00$ 750.00$ 9357 20187 ENGLISH AVE 19 427.50$ 209.00$ 636.50$ 400.00$ 350.00$ 750.00$ 9358 20293 ENGLISH AVE 13 315.00$ 154.00$ 469.00$ 400.00$ 350.00$ 750.00$ 9359 20293 ENGLISH AVE 14 337.50$ 165.00$ 502.50$ 400.00$ 350.00$ 750.00$ 9364 5421 203RD ST W 16 360.00$ 176.00$ 536.00$ 400.00$ 350.00$ 750.00$ 9365 20298 ERICKSON PATH 16 360.00$ 176.00$ 536.00$ 400.00$ 350.00$ 750.00$ 9383 20102 ERICKSON PATH 17 382.50$ 187.00$ 569.50$ 400.00$ 350.00$ 750.00$ 9384 20082 ERICKSON PATH 18 405.00$ 198.00$ 603.00$ 400.00$ 350.00$ 750.00$ 9386 20082 ERICKSON PATH 17 382.50$ 187.00$ 569.50$ 400.00$ 350.00$ 750.00$ 9387 20034 ERICKSON PATH 19 427.50$ 209.00$ 636.50$ 400.00$ 350.00$ 750.00$ 9388 20034 ERICKSON PATH 18 405.00$ 198.00$ 603.00$ 400.00$ 350.00$ 750.00$ 9389 20025 ERICKSON PATH 17 382.50$ 187.00$ 569.50$ 400.00$ 350.00$ 750.00$ Pa g e 2 1 1 o f 2 3 3 9645 4945 204TH ST W 28 630.00$ 308.00$ 938.00$ 400.00$ 350.00$ 750.00$ 9647 4855 203RD ST W 25 562.50$ 275.00$ 837.50$ 400.00$ 350.00$ 750.00$ 10725 4901 193rd St W 27 607.50$ 297.00$ 904.50$ 400.00$ 350.00$ 750.00$ 11852 20035 English Ave 16 360.00$ 176.00$ 536.00$ 400.00$ 350.00$ 750.00$ 41,205.00$ 50,250.00$ Indicates error In original quote document Pa g e 2 1 2 o f 2 3 3 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Vermillion River Watershed Joint Powers Organization Stewardship Grant Agreement Meeting: Regular Council - Jun 15 2026 INTRODUCTION: The City of Farmington applied for a Vermillion River Watershed Joint Powers Organization (VRWJPO) management involves work The 2026. April and in Grant Stewardship of restoration of vegetated areas south of Spruce Street, and west and north of the Vermillion River. Specifically, the work occurs on Outlot I and Outlot O of Vermillion River Crossings, both of which are owned by the City of Farmington. The Stewardship Grant amount awarded to the City is $10,000. DISCUSSION: The proposed grant agreement, which is very similar in form to other agreements with the VRWJPO includes detailed description of the proposed work activity to initiate new vegetation and stabilize erosion. In summary, the project stabilizes eight acres near the Vermillion River forestry via invasive and species of removal the through buckthorn mulching, followed by installation of wet prairie seed mixes in Outlot O, and a cover crop. This approach is consistent with the City's previous efforts along the Vermillion River west of Denmark Avenue. The overall grant totals $12,500; this includes $10,000 of VRWJPO grant funding, and $2,500 in cash and in-kind contribution by the City. The grant application is attached to the agreement. Key aspects of the grant agreement include:  The term of the agreement ends on December 31, 2026; work will begin in the Fall of 2026. If the work is not completed in 2026 due to site conditions, VRWJPO will reimburse the City via the grant for materials (such as seed) purchased by year end applied in the Spring of 2027.  After signing the agreement, grantees may receive up to 50 percent of the total award prior to the event or activity. Expenditures accrued prior to the signing of the grant agreement will not be eligible for reimbursement.  Maintain regular contact with VRWJPO staff during implementation. Page 213 of 233  Acknowledge the VRWJPO as a source of funding in publications, media coverage, and other public materials, including the VRWJPO logo and website.  Submittal of a final report within 30 days of completion that includes photographs, achieved project outcomes, and ways the project engaged the community. Public Works Staff are very familiar with the program requirements, the reporting process, and can deliver the work within the grant constraints. BUDGET IMPACT: The City will provide the $2,500 match as part of this program out of the Natural Resources budget. ACTION REQUESTED: Approve the Vermillion River Watershed Joint Powers Organization Stewardship Grant Agreement and Authorize the Mayor to Execute the Grant Agreement. ATTACHMENTS: DCA24310 - VRWJPO - CITY OF FARMINGTON - GRANT AGREEMENT (Approved as to Form 6.8.2026) - COMBINED Page 214 of 233 VRWJPO Contract #DCA24310 Page 1 of 8 AGREEMENT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITY OF FARMINGTON FOR PARTICIPATION IN THE VERMILLION RIVER WATERSHED STEWARDSHIP GRANT PROGRAM This agreement (Agreement) is made on ________, 2026 (Effective Date), by and between the Vermillion River Watershed Joint Powers Organization (VRWJPO), a watershed management organization consisting of Dakota and Scott Counties, and the City of Farmington (Participant), hereafter collectively referred to as “Parties.” WHEREAS, the VRWJPO is charged with carrying out the duties set forth in Minn. Stats. § 103B.211 to 103B.255 and as otherwise provided by law; and WHEREAS, Minn. Stat. § 103B.211, subd. 1 (a)(1) provides the VRWJPO with the authority and other powers necessary to implement its 2026-2035 Vermillion River Watershed Management Plan (Management Plan), including the power to enter into contracts/agreements for the performance of functions with governmental units or persons; and WHEREAS, by VRW Resolution #26-08, the Vermillion River Watershed Joint Powers Board (VRWJPB) adopted the 2026-2035 Vermillion River Watershed Management Plan (WMP) on April 22, 2026; and WHEREAS, the WMP’s Implementation Table identifies the Stewardship Grant Program (Program) as a High Priority Action item; and WHEREAS, the Program is intended to support eligible public stewardship activities by providing, in part, reimbursement-based funding assistance to eligible participants, contingent upon availability of funds and VRWJPO administrative approval; and WHEREAS, the VRWJPB allocated funds to the Program in the current VRWJPO Budget; and WHEREAS, by VRWJPB Resolution #26-03 (January 22, 2026) the VRWJPB authorized the VRWJPO Administrator and Co-administrator to execute contracts and grants up to $100,000; and WHEREAS, a grant agreement is required for with those eligible participants that timely apply for and are selected in accordance with the Program; and WHEREAS, the Program guidelines outline key program elements, including goals, eligible and ineligible activities, minimum requirements for funding eligibility, types and timing of assistance, a process for providing assistance, and criteria for prioritizing funding decisions; and WHEREAS, Participant has applied for reimbursement-based financial assistance in accordance with the Program to offset the costs associated with Program-eligible expenses incurred during the term of this Agreement for Participant project(s) and/or activities that align(s) with at least one (1) of the goals in the WMP and Program guidelines; and Page 215 of 233 VRWJPO Contract #DCA24310 Page 2 of 8 WHEREAS, Participant is not guaranteed funding under the Program in any given VRWJPO fiscal year; and WHEREAS, VRWJPO staff has evaluated the Participant’s timely application pursuant to funding on a that informed Participant and has Effective Date of year in the Program the the reimbursement basis for Eligible Activities will be provided to Participant subject to the terms of this Agreement. THEREFORENOW, , Participant a with funding on provide VRWJPO has agreed to reimbursement basis pursuant to the Program guidelines for Eligible Activities associated with the Participant project(s) and activities, subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the P herein arties contained. AGREEMENT SECTION 1 PURPOSE the responsibilities and duties respective the out of is Agreement this of purpose The to set VRWJPO and Participant as it relates to the VRWJPO’s providing the funding identified in Section 3 herein to the Participant to perform Eligible Activities under the Program associated with the activity identified in as hereto attached the Participant’s application Exhibit 1, which is incorporated herein by reference. Participant warrants that any funds provided by the VRWJPO pursuant to this Agreement are for the sole purpose of reimbursing Participant for the activity identified in Exhibit 1. SECTION 2 PARTIES The Parties to this Agreement are the VRWJPO and Participant. SECTION 3 FUNDING Participant represents to the VRWJPO that Exhibit 1 accurately shows the proposed total cost of the Eligible Activities and all the funds that are available to Participant for those Eligible Activities. Based on those representations, the total obligation of the VRWJPO for all reimbursements to Participant under this Agreement shall not exceed Ten Thousand Dollars ($10,000), which is the amount appropriated by the VRWJPO staff to Participant pursuant to the Program for the year of the Effective Date (Maximum Reimbursement). ☒ Participant requested and VRWJPO staff has approved an advancement of the funds equal to fifty percent (not to exceed fifty percent (50%)) of the Maximum Reimbursement prior to the completion of the Eligible Activities identified in Exhibit 1. (check if applicable) Participant shall provide matching funds/in-kind contributions toward the proposed total cost of Eligible Activities: Page 216 of 233 VRWJPO Contract #DCA24310 Page 3 of 8 ☒ Two Thousand and Five Hundred Dollars ($2,500), which may include funds from other entities, such as municipality-issued grants or rebates. ☒ In-kind contributions identified in Exhibit 1. (check all that apply) Participant agrees that it is solely responsible as between the VRWJPO and Participant for any costs that are either ineligible for reimbursement under the Program or reimbursable costs that exceed the Maximum Reimbursement. SECTION 4 TERM This Agreement shall be effective as of the Effective Date and shall remain in effect until December 31st of the year of the Effective Date, unless amended in writing or earlier terminated by law or according to the provisions of this Agreement. SECTION 5 COOPERATION The VRWJPO and Participant agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 6 RESPONSIBILITIES OF THE PARTIES 6.1 comply with to Participant agrees including Agreement, this of terms the the Program guidelines attached hereto as Exhibit 2 and incorporated herein by reference, and use the funds received to reimburse itself for those Eligible Activities permitted by the Program and identified in Exhibit 1. Participant acknowledges that it shall act as a fiscal agent for purposes of receiving the funds disbursed to Participant pursuant to Section 7. The VRWJPO will review reimbursement forms timely submitted and make payment(s) in accordance with Section 7. 6.2 and an URL logo and VRWJPO’s website to incorporate agrees Participant the acknowledgment of the Program funding source into any promotional materials about the project funded by the Program. The provisions of Section 6.2 shall survive the expiration or termination of this Agreement. SECTION 7 FUND DISTRIBUTION 7.1 If an advancement of funds has been requested and approved as identified in Section 3, VRWJPO will advance those funds to Participant within thirty (30) calendar days of the Effective Date subject to the terms of this Agreement. Participant shall submit reimbursement requests to the VRWJPO liaison for an amount up to any remaining amount of the Maximum Reimbursement for Eligible Activities identified in Exhibit 1, along with evidence Activities, including those of proof of payment for Eligible Eligible Activities for which any funding advancement was provided hereunder, proof of completion of Page 217 of 233 VRWJPO Contract #DCA24310 Page 4 of 8 Eligible Activities, proof of expenditure of any match funds or providing of in-kind services toward the proposed total cost of Eligible Activities, and a final report required by the Program Guidelines (collectively Reimbursement Documents) on or before December 31st of the year of the Effective Date Deadline)(Reimbursement . for reimbursement request cannot Participant otherwise Eligible Activities after the December 31 of the year of the Effective Date. 7.2 After VRWJPO staff reviews and confirms the adequacy and timeliness of Participant’s Reimbursement Documents, VRWJPO shall reimburse Participant for those remaining incurred eligible costs for those Eligible Activities up to the Maximum Reimbursement. VRWJPO staff shall sole authority as have the if determine Participant to and the between VRWJPO Reimbursement Documents are complete and adequate. Reimbursement Documents will be reviewed by VRWJPO staff and a determination as to final payment shall be made within sixty (60) calendar days of receipt. 7.3 VRWJPO shall provide Participant with written notice of any deficiencies in the and/or costs to Section 7.1 ineligibility of Documents Reimbursement submitted pursuant identified therein. Participant shall provide VRWJPO staff with additional information and/or documentation deemed necessary by the days calendar (7) of staff VRWJPO within seven Participant’s receipt of the written notice of deficiency/ineligibility. If Participant fails to provide additional information and/or documentation determined by VRWJPO staff that adequately address the deficiencies or ineligibility, the VRWJPO staff will provide Participant with written notice their of final determination. pay back shall Participant any advanced funds VRWJPO provided pursuant to Section 3 within seven (7) calendar days of Participant’s receipt of written notice of VRWJPO staff’s final determination as to deficiencies in the Reimbursement Documents or ineligible costs associated with the advanced funds. Participant is obligated to pay all attorney fees and costs incurred by VRWJPO to recover any advanced funds that Participant fails to pay back within seven (7) calendar days of Participant’s receipt of written notice of VRWJPO staff’s final determination. 7.4 Any balance of the Maximum Reimbursement remaining after the VRWJPO’s review and approval of all timely requests for reimbursements in accordance with Sections 7.1 and 7.2 shall be forfeited by Participant. SECTION 8 INDEMNIFICATION 8.1 IN GENERAL. Each party to this Agreement shall be liable for the acts of its officers, employees be not and shall law authorized by extent results thereof and the agents or to the responsible for the acts of the other party, its officers, employees or agents. 8.2 LIMITATIONS. The provisions of Minn. Stat. § 471.59, the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable law govern liability of the VRWJPO. 8.3 SURVIVORSHIP. The provisions of Section 8 shall survive the expiration or termination of this Agreement. Page 218 of 233 VRWJPO Contract #DCA24310 Page 5 of 8 SECTION 9 AUTHORIZED REPRESENTATIVE AND LIAISON 9.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized representatives of the Parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the stated in th unless and addresses following named persons otherwise an or is Agreement, amendment of this Agreement. TO THE VRWJPO: Travis Thiel, VRWJPO Administrator, or successor 4100 220th Street West #103 Farmington, MN 55024 Telephone: (952) 891-7546 Email: travis.thiel@co.dakota.mn.us TO THE PARTICIPANT: Nicholas Lien, Mayor, or successor 430 Third Street Farmington, MN 55024 Telephone: (651) 238-0690 Email: nlien@farmingtonmn.gov 9.2 LIAISONS. To assist the Parties in the day-to-day performance of this Agreement and to shall designated by the be liaison provide and compliance ensure ongoing consultation, a VRWJPO and Participant. The VRWJPO and the Participant shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: VRWJPO Liaison: Brita Moore-Kutz, Communications and Outreach Specialist, or successor 4100 220th Street West #103 Farmington, MN 55024 Telephone: (952) 891-7967 Email: brita.moore-kutz@co.dakota.mn.us Participant Liaison: Benjamin Humlie, Natural Resources Specialist, or successor 430 Third Street Farmington, MN 55024 Telephone: (651) 280-6842 Email: bhumlie@farmingtonmn.gov In addition, notification to the VRWJPO by the regarding termination of this Agreement Participant shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. Page 219 of 233 VRWJPO Contract #DCA24310 Page 6 of 8 SECTION 10 COMPLY WITH REGULATIONS The Participant shall comply with all applicable federal, state, and local laws, rules, ordinances, and permits when performing the Eligible Activities identified in Exhibit 1 for which the funding is being provided. Failure to do so may, at the VRWJPO’s sole discretion, subject the Participant to termination of this Agreement or reductions in funding reimbursement in an amount determined by the VRWJPO. SECTION 11 TERMINATION 11.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice, or without cause by giving thirty (30) days’ written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of of date effective the to prior Agreement of terms the to adequately perform failure or this termination. 11.2 TERMINATION BY VRWJPO FOR LACK OF FUNDING. This Agreement is subject to the availability of funding as determined by the VRWJPB through the annual budget process. Notwithstanding any provision of contrary, the to the Agreement this VRWJPO may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if its budget funding allocation under due amounts the of payment this sufficient level a continued at be cannot to allow Agreement. The VRWJPO is not obligated to provide reimbursement for reimbursement requests submitted after funding. The termination for lack of notice written of VRWJPO will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. SECTION 12 MODIFICATIONS Any alterations variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by the Parties’ Authorized Representatives. SECTION 13 ASSIGNMENT Neither party may assign any of its rights under this Agreement without the prior written consent of the other party. Consent under this section may be subject to conditions. Page 220 of 233 VRWJPO Contract #DCA24310 Page 7 of 8 SECTION 14 DATA For purposes of this Agreement, all data that is collected, created, received, maintained or disseminated shall be administered consistent with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13. SECTION 15 RECORDS RETENTION AND AUDITS Each party’s bonds, records, documents, papers, accounting procedures and practices, and other records relevant to this Agreement are subject to the examination, duplication, transcription and audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. § 16C.05, subd. 5. If any funds provided under this Agreement use federal funds these records are also subject to review by the Comptroller General of the United States and his or her approved representative. Following termination of this Agreement, the Parties must keep these records for at least three years or longer if any audit-in-progress needs a longer retention time. SECTION 16 MINNESOTA LAW TO GOVERN with the governed by and construed in accordance shall Agreement This be and substantive procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County Dakota, State of Minnesota. The this termination of expiration or survive the this of provisions section shall Agreement. SECTION 17 MERGER This Agreement is the final expression of the agreement of the Parties and the complete and supersede negotiations, prior all and shall statement terms the of agreed upon exclusive understandings, or agreements. There are no representations, warranties, or provisions, either oral or written, not contained herein. SECTION 18 SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, the affect not validity and unenforceable, or such rendering shall enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. SECTION 19 ELECTRONIC SIGNATURES this in included the Parties of that agrees party Each Agreement the electronic signatures are intended to authenticate this writing and to have the same force and effect as wet ink signatures. Page 221 of 233 VRWJPO Contract #DCA24310 Page 8 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION By: ________________________________ Travis Thiel, Administrator Date of Signature: __________________ APPROVED AS TO FORM: /s/ Brian J. Wisdorf 6/8/2026 Assistant County Attorney/Date County Attorney File No. KS-26-286 PARTICIPANT CITY OF FARMINGTON By: ________________________________ Nicholas Lien, Mayor Date of Signature: __________________ EXHIBITS Exhibit 1: Participant’s Stewardship Grant Application Exhibit 2: Stewardship Grant Program Guidelines Page 222 of 233 Vermillion River Watershed Joint Powers Organization Stewardship Grant Application Primary Applicant Information Name: Organization: Address: Phone: Email: Project Information Project Name: Project Location (must be in the VRWJPO): Please craft a description of your proposed project and its desired outcomes and submit alongside this form. Include any planning documents, sketches, photos, and anticipated eligible expenses (see guidelines for what is eligible). Budget summary Total estimated project cost: Stewardship Grant funds requested: Applicant matching funds: Match will be provided by: ☐ Cash In-kind X Both Publicity Are you willing to allow a sign, or other interpretive materials, placed near the project? X Yes ☐ No Allow site visits? XYes ☐ No Electronic Signature Signing below certifies that the information contained in this application is true, complete, and accurate. X Exhibit 1. Participant's Stewardship Grant Application VRWJPO Contract #DCA24310 Exhibit 1 - Page 1 of 3 Page 223 of 233 1 VRWJPO Stewardship Grant Project Information Vermillion River Wet Prairie Restoration Project Project Description and Desired Outcomes The City of Farmington proposes to restore a segment of the Vermillion River floodplain currently dominated by buckthorn and other invasive vegetation. Historically, this area supported wet prairie habitat; this project will reestablish that ecological function while preparing portions of the site for future greenway development. The project will stabilize 8 acres in Farmington—Outlot I of Vermillion River Crossings Development and portions of Outlot O of Vermillion Commons 2nd Addition—through invasive species removal via forestry mulching, followed by cover crop installation to reduce soil erosion. Restoration will focus on Outlot O and includes site stabilization (mulching and cover crop) followed by installation of native wet prairie seed mixes beneath the cover crop to initiate long-term habitat establishment. Based on recent native seed purchases and contractor quotes, restoration costs are estimated at approximately $2,000 per acre. With a maximum grant request of $10,000, funding will prioritize restoration activities within Outlot O. The final acreage seeded, up to 5 acres, will depend on bid results and seed pricing at the time of purchase. If costs are lower than anticipated, remaining funds will be used to expand stabilization efforts, including mulching and cover crop installation, within Outlot I to further reduce erosion and prepare the site for future greenway development. Restoration will begin in early fall 2026 with contracted forestry mulching across the determined area to remove buckthorn and prepare for seeding. A cover crop will then be applied across all disturbed areas for stabilization. Native wet prairie seed mixes will be installed in Outlot O (targeting up to 5 acres) beneath the cover crop. Seeding will occur in late fall or early spring as conditions allow, with seed procured prior to year-end. Following seeding, the site will be managed through two to three establishment mowing cycles at a higher cut height to control invasive regrowth, including reed canary grass, and support native plant establishment. Community engagement will be incorporated through volunteer participation, including coordination with partners such as Trout Unlimited to assist with seeding. This effort will increase community awareness of and connection to the Vermillion River while promoting long-term stewardship. Desired Outcomes •Up to 5 acres of native wet prairie established within the Vermillion River corridor (dependent on seed costs) •8 acres stabilized through invasive removal and cover crop to reduce erosion and runoff •Improved water quality and infiltration through deep-rooted native vegetation •Reduced invasive species presence, including buckthorn and reed canary grass •Enhanced riparian habitat supporting overall watershed health •Increased community engagement and stewardship through volunteer involvement Anticipated Eligible Expenses •Contracted forestry mulching (site preparation) VRWJPO Contract #DCA24310 Exhibit 1 - Page 2 of 3 Page 224 of 233 2 • Native seed purchase for wet prairie restoration • In-Kind Contributions • Cover crop seed and supplemental native seed (if needed) • Staff and volunteer labor for seeding and establishment • Ongoing site management, including establishment mowing Map of Proposed Work Area Outlot I Outlot O VRWJPO Contract #DCA24310 Exhibit 1 - Page 3 of 3 Page 225 of 233 Vermillion River Watershed Joint Powers Organization Stewardship Grant Program The Vermillion River Watershed Joint Powers Organization (VRWJPO) Stewardship Grant program provides financial assistance for community-based best management practices (BMPs) that restore, protect, and/or enhance the Vermillion River Watershed’s natural resources. Activities funded through VRWJPO Stewardship Grants must have tangible, on-the-ground water resource benefits aligning with Goals of the 2026 – 2035 Vermillion River Watershed Management Plan. Project examples may include, but are not limited to: •Low input turfgrass in a city park that requires less watering, chemicals, and mowing than traditional turf •Native plant pollinator garden with water quality benefits •Curb cut rain gardens •Stream habitat restorations, including invasive species removal and native plantings •Stormwater pond stabilization activities, including cleanup and native plantings, to promote resilience against heavy precipitation events Secondarily, the VRWJPO strongly encourages applicants to include plans to engage community members about environmental stewardship as part of their proposals. This could include activities like: •Organizing volunteers to assist with planting •Promoting the activity in a local publication or on social media •Installing signage at the project site Eligible Entities This grant program is intended for use by groups including, but not limited to: •Community and civic organizations •Non-profit organizations, including faith-based organizations •Neighborhood or lake associations •Schools and school districts •Local government units (LGUs) •Businesses and professional associations •Libraries Criteria Applications must meet the following criteria to be funded: •The project takes place within the Vermillion River Watershed geographic area. •The project aligns with at least one (1) of the following Goals in the 2026-2035 Vermillion River Watershed Management Plan (Plan): o Protect and improve surface water quality. o Protect and improve groundwater quality. Exhibit 2. VRWJPO Stewardship Grant Guidelines VRWJPO Contract #DCA24310 Exhibit 2 - Page 1 of 3 Page 226 of 233 o Reduce stormwater runoff rate and volume. o Protect and improve groundwater aquifer supply. o Improve the resilience of the watershed’s natural and built environments. o Adapt stormwater infrastructure to changing precipitation patterns. o Mitigate impacts from human-caused ecosystem disruptions. o Protect and enhance natural environments. • Additional consideration will be given to projects that align with the following Community Relationships Goals in the Plan: o Improve the awareness and understanding of the VRWJPO. o Increase community connection to the watershed’s natural resources. o Increase community understanding of environmental issues. • The work tasks and desired outcomes are clearly stated. Applicants are encouraged to provide quantifiable measures as much as possible. • The timeline and budget are reasonable and cost-effective. • The grant amount requested is between $2,500 and $10,000 and lists proposed matching funds between 10 and 25 percent of the total project cost. o In-kind contributions may be included in the match. o Funds from other entities, such as city-issued grants or rebates, may be used as part of the match. Actions required to comply with permits, rules, or legal mandates are not eligible for Stewardship Grants. Maintenance of previously existing projects is also ineligible. Eligible Expenses Your application must list all anticipated expenses that are eligible for reimbursement. These may include: • Contractor costs relating to site preparation, project installation, fabrication, or others as approved by the VRWJPO • Materials and supplies that will not be used beyond the scope of the project (e.g. plants, compost) • Project signage • Promotional materials How to apply Download the application here. Email completed applications to brita.moore-kutz@co.dakota.mn.us, with the subject line “Stewardship Grant Application.” You will receive an email confirmation when your application is received. Alternatively, applications may be mailed to: Vermillion River Watershed Joint Powers Organization Stewardship Grant Program 4100 220th St. W #103 Farmington, MN 55024 VRWJPO Contract #DCA24310 Exhibit 2 - Page 2 of 3 Page 227 of 233 Applications are accepted anytime until and unless funds for the calendar year are gone. If so, this will be noted on the VRWJPO website. VRWJPO staff will review each application and respond on whether it is approved or not in a timely manner. Reimbursement of grant funds Once an application is approved, a grant agreement will be prepared by the VRWJPO and sent to the grantee for signature. The grant agreement must be signed before any expenditures can be billed to the grant. After signing the agreement, grantees may receive up to 50 percent of the total award prior to the event or activity. Any expenditures accrued prior to the signing of the grant agreement will not be eligible for reimbursement. Remaining funds will be reimbursed up to the agreed-upon amount for documented costs, with reimbursement requests up to monthly until project completion. Grantees must provide copies of receipts and paid invoices when requests for reimbursement are submitted. Staff have the authority to review and approve all expenses. Expectations Grantees are expected to: • Maintain regular contact with VRWJPO staff during implementation. • Acknowledge the VRWJPO as a source of funding in publications, media coverage, and other public materials, including the VRWJPO logo and website (will be sent to grantee via email). • Submit a final report within 30 days of completion that includes photographs, achieved project outcomes, and ways the project engaged the community. • Optional: Grantees may present on their projects at a Vermillion River Watershed Community Advisory Committee meeting. Contact Brita Moore-Kutz, Communications and Outreach Specialist for the VRWJPO Email: brita.moore-kutz@co.dakota.mn.us Phone: (952) 891-7967 This activity satisfies Action CMR-1 in the 2026-2035 Vermillion River Watershed Management Plan. VRWJPO Contract #DCA24310 Exhibit 2 - Page 3 of 3 Page 228 of 233 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Deanna Kuennen, Community & Economic Development Director Department: Community Development Subject: Letter of Support - Minnesota Valley Transit Authority's Regional Solicitation Application Meeting: Regular Council - Jun 15 2026 INTRODUCTION: The Regional Solicitation is one way that the Metropolitan Council and the Transportation Advisory Board provide transportation funding for local projects. The Regional Solicitation happens once every two years and awards about $250 million in federal funds. In 2024, the Transportation Advisory Board granted $264 million in federal funding to 59 projects, and $19 million in Active Transportation funding adding 17 more projects. These projects were located in 52 cities and townships, throughout all 7 metro region counties. Transportation Active and Solicitation Regional 2026 the for process application The Solicitation is now open. The Minnesota Valley Transit Authority (MVTA) is requesting a letter of Solicitation Regional their with include to of City the from support Farmington application. MVTA is seeking funding to expand MVTA Connect microtransit service to serve Farmington. DISCUSSION: Once every two years the Metropolitan Council and the Transportation Advisory Board award federal and regional transportation funds across the region through the Regional Solicitation. process Transit Valley Minnesota the and application is 2026 The open, Authority (MVTA) is preparing an application to support their efforts to expand their Connect microtransit services. MVTA is interested in expanding their services to serve Farmington and are seeking a letter of support from the City of Farmington. MVTA Connect is an "on-demand ride-share service" that provides a flexible option for riders in the south metro to access the MVTA system and dedicated routes MVTA Connect - MVTA. The concept being explored would provide on-demand transportation service connecting customers between Farmington and designated destinations and transit hubs within MVTA's existing service area. By creating new connections to the broader regional transit network, the service will improve mobility, expand transportation choice, and increase access to opportunities both within Farmington and throughout the south metro. In addition to helping Farmington residents reach destinations across the region, the Page 229 of 233 service would also improve access to Farmington employers, businesses, services, and community destinations for residents of neighboring communities. Both the City of Farmington and MVTA have heard from residents about the need for additional transportation options and improved access to destinations throughout the south metro. This concept represents a collaborative response to that feedback and an opportunity to explore innovative mobility solutions that expand transportation choice and improve access to jobs, services, businesses, and community destinations. BUDGET IMPACT: Not applicable ACTION REQUESTED: Authorize the Mayor to send a letter of support for Minnesota Valley Transit Authority's Regional Solicitation Application to expand their Connect microtransit services to the south metro, serving Farmington. ATTACHMENTS: MVTA letter of support MVTA ConnectFlyer Page 230 of 233 June 15, 2026 Metropolitan Council Regional Solicitation Program 390 Robert Street North St. Paul, MN 55101 Dear Regional Solicitation Review Committee: On behalf of the City of Farmington, I am pleased to provide this letter of support for Minnesota Valley Transit Authority's (MVTA) efforts to expand MVTA Connect microtransit service to serve Farmington. The City of Farmington recognizes the importance of providing convenient, reliable, and accessible transportation options that connect people to employment, education, healthcare, shopping, recreation, and other essential destinations throughout the region. As Farmington continues to grow, expanding access to regional transportation opportunities remains an important community priority. The concept being explored would provide on-demand transportation service connecting customers between Farmington and designated destinations and transit hubs within MVTA's existing service area. By creating new connections to the broader regional transit network, the service will improve mobility, expand transportation choice, and increase access to opportunities both within Farmington and throughout the south metro. In addition to helping Farmington residents reach destinations across the region, the service would also improve access to Farmington employers, businesses, services, and community destinations for residents of neighboring communities. Both the City of Farmington and MVTA have heard from residents about the need for additional transportation options and improved access to destinations throughout the south metro. This concept represents a collaborative response to that feedback and an opportunity to explore innovative mobility solutions that expand transportation choice and improve access to jobs, services, businesses, and community destinations. We believe this partnership represents a promising opportunity to enhance mobility, strengthen regional connections, and support economic activity throughout the south metro while complementing existing transit services. The City of Farmington supports MVTA's 2026 Regional Solicitation application and encourages support for funding that would allow this concept to be implemented for the benefit of Farmington, neighboring communities, and the broader south metro region. Sincerely, Nicholas Lien, Mayor Page 231 of 233 100 Highway 13 E, Burnsville mvta.com/connect mvta@mvta.com (952) 882-7500 MVTA Connect is an on-demand ride-share service that delivers flexibility and more options for riders in the south metro to access the MVTA system of dedicated routes. What is MVTA Connect? 7 days a week Hours of Operation 3-Hour Advance Booking Window Features to enhance your ride Amenities Bike Racks Stroller Storage $3 One-way Cost Free Transfer to Fixed Routes Accepts Cash, Credit Cards, Or Go-To Cards for Payment All buses are ADA compliant Accessibility Mobility Devices Service Animals Try MVTA Connect by Downloading the FREE RideMVTA App. 6 AM - 9 PM Page 232 of 233 100 Highway 13 E, Burnsville mvta.com/connect mvta@mvta.com (952) 882-7500 Shakopee/Prior Lake Zone Main Zone Eagan Zone Rides can only be booked within the service zone. The map below shows the three different zones where riders may book a ride. Both origin and destination must be in the zone. Riders must be dropped off in the zone they were picked up in. Service Zone How to Book 1.Open the RideMVTA App 2.Select “Plan your trip” 3.Select “Plan & Route” 4.Type your destination 5.Tap My location and type in your starting address 6. Choose the Connect trip 7.Select “Start Booking” 8.Select “Buy Tickets” or if paying cash onboard, tap “Pay with Cash” 9. Use the + to indicate number of riders 10. Select “Add to Cart” 11. If necessary, add your credit card or use a stored one, including Apple Pay 12. Slide to activate the ticket 13. Tap X to close the ticket 14. Click “Request Ride Now” Page 233 of 233