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Home My WebLink About20230821 - CC PacketSign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy CITY OF HASTINGS CITY COUNCIL AGENDA Monday, August 21, 2023 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM Sue Vento, Metropolitan Council V. APPROVAL OF MINUTES Approve Minutes of the City Council workshop and regular meeting on August 7, 2023. VI. COMMENTS FROM THE AUDIENCE Comments from the audience may include remarks about items listed on the Consent Agenda. VII. COUNCIL ITEMS TO BE CONSIDERED VIII. CONSENT AGENDA The items on the Consent Agenda are items of routine nature or no perceived controversy to be acted upon by the City Council in a single motion. There will be no discussion on these items unless a Councilmember so requests, in which event the items will be removed from the Consent Agenda to the appropriate Department for discussion. 1. Pay Bills as Audited 2. Special Event Designation: Historic Hastings Car Show – Date Addition 3. Appoint Public Safety Advisory Commissioner Mary Nehring 4. 2023 2nd Quarter Financial Report 5. Authorize Signature: 2nd Amendment to Development Agreement – Heritage Ridge 3rd Addition 6. Resolution: Minor Subdivision – City of Hastings – Spiral and Glendale 7. Authorize Signature: Agreement for Professional Services and Business Associate Addendum for Protected Health Information with Emergency Service Perspectives 8. Approve Pay Estimate No. 3 for the 2023 Neighborhood Infrastructure Improvements Project – BCM Construction, Inc. ($578,940.10) 9. Approve Labor Agreement with Local 49ers (2024 –2026) 10. Authorize Signature: Monsido Agreement (2024-2026) 11. Authorize Signature: Artwork Leasing Agreement with Dale Lewis IX. AWARDING OF CONTRACTS AND PUBLIC HEARING These are formal proceedings that give the public the opportunity to express their concern, ask questions, provide additional information, or support on a particular matter. Once the public hearing is closed, no further testimony is typically allowed and the Council will deliberate amongst itself and with staff and/or applicant on potential action by the Council. X. REPORTS FROM CITY STAFF These items are intended primarily for Council discussion and action. It is up to the discretion of the Mayor as to what, if any, public comment will be heard on these agenda items. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy A. Public Works B. Parks and Recreation 1. Agreement Amendment #1 with Apex Facility Solutions, LLC C. Community Development D. Public Safety E. Administration 1. Administration of Absentee Ballots 2. Budget Pre-Approval of Pick-Up Trucks XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Tuesday, September 5, 2023 7:00 p.m. Hastings, Minnesota City Council Workshop August 7, 2023 The City Council of the City of Hastings, Minnesota met in a workshop on Monday, August 7, 2023 at 5:30 p.m. in the Volunteer Room at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Folch, Fox, Haus, Lawrence, Leifeld, Pemble Members Absent: None Staff Present: City Administrator Dan Wietecha Interim Public Works Director Ryan Stempski Assistant City Administrator Kelly Murtaugh Community Development Director John Hinzman Mayor Fasbender called the workshop to order at 5:30 p.m., welcoming Council members and Public Works Director Ryan Stempski to provide an update on PFAS. Stempski provided an outline of the topics to be presented: status of the environmental review, the goals, an evaluation of the options to address the issue, the costs associated with the preferred option, funding sources, and next steps. Stempski reminded Council that the current measurement standards that the six City wells adhere to the current index and levels have been steady. However, the new standards are expected to be released by the end of this year. Stempski reported on the status of the Environmental Review by MPCA. Phase 1 is complete and Phase 2 has started. They meet monthly to discuss the activities. The deliverables that we are waiting on include modeling results, MGS complexities, and investigations of other potential sites. The study goals are to evaluation options to mitigate PFAS from drinking water, update the water model to determine feasibility and cost estimates, and provide recommendations on the most cost-effective solution. The options include blending existing wells to dilute below the limits, construct deeper wells, purchase treated water from St. Paul Regional Water Services, or implement treatment on existing wells. Treatment is the only feasible option. Several treatment options were reviewed to treat PFAS and continue to treat nitrates. The most common treatment technologies include Granular Activated Carbon (GAC) and Ion Exchange (IX). The next recommendation is that the system be decentralized (three vs one plant). This is preferred because the construction can be phased, it provides operational flexibility and resiliency, wells can continue to pump into existing pressure zones, and existing distribution mains are adequately sized. Treatment facilities can be built alongside existing wells on City property and would be located to accommodate City growth. Stempski indicated that the City needs to consider not only project costs but also the operation and maintenance costs. The capital cost for the treatment facilities is expected to be nearly $70M, with annual operating and maintenance costs estimated to be $800K to $1M. The Veteran’s Home wells also have PFAS concerns and the City may also serve this location in the future. The potential funding sources include water rates, 3M settlement funds, funds approved in the Governor’s Budget, bonding through the state legislature, federal funding through the Community Projects Funds or infrastructure law, or the state project priority list. Stempski indicated that a lot of groundwork has been done to put the City in a good position to continue moving forward. They will continue working with the Co-Trustees of the 3M settlement funds and environmental attorney, prepare for upcoming state/federal grants, and continue to be transparent with the public about the upcoming advisory and progress toward treatment. Council support to continue these steps will be needed. Council discussion on transparency and communication with residents and general support for continuing to move forward. The workshop adjourned at 6:47 pm. ____________________________ ______________________________ Mary D. Fasbender, Mayor Kelly Murtaugh, City Clerk Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Hastings, Minnesota City Council Meeting Minutes August 7, 2023 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, August 7, 2023 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Folch, Fox, Haus, Lawrence, Leifeld, and Pemble Members Absent: None Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh City Attorney Kori Land Community Development Director John Hinzman Community Development Intern Madelyn Swanson Oath of Office: Tim Lawrence, Ward 4 Councilmember Sue Vento, Metropolitan Council – rescheduled for August 21, 2023 Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the City Council regular meeting on July 17, 2023 and the special meetings on July 24, 2023 and July 25, 2023. Minutes were approved as presented. Consent Agenda Councilmember Pemble motioned to approve the Consent Agenda as presented, seconded by Councilmember Haus. 7 Ayes, 0 Nays 1. Pay Bills as Audited 2. Resolution No. 08-01-23: Accept Donation from the Hastings Class of 1988 to the Parks and Recreation Department 3. Resolution No. 08-02-23: Approve One-Day Temporary Charitable Gambling Request for St. Elizabeth Ann Seton 4. Resolution No. 08-03-23: Approve Commercial Waste Hauler License for Hidden Haven LLC dba Redbox+ Dumpsters of Twin Cities South Metro 5. Authorize Signature: Utility Abandonment Agreement – KFC 6. Committee Appointments 7. Authorize Signature: Escrow Agreement – Augustine Farms LLC 8. Authorize Signature: Artwork Leasing Agreement with Dale Lewis City Hall Project Resolution No. 08-04-23: Award Contract – City Hall Annex Roof Resolution No. 08-05-23: Award Contract – City Hall Masonry Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Resolution No. 08-06-23: Award Contract – City Hall Plaster Repair and Vapor Barrier Hinzman provided an overview of the renovation requests that are part of the larger City Hall project. The City has secured State funds to support the renovation costs for these projects. The bids have come in and have been reviewed by staff. Council discussion on who oversees the contractors for these projects, the remaining project bids, and cost estimates for those remaining projects. Hinzman indicated Miller Dunwiddie Architecture is the general contractor for these projects. Miller Dunwiddie Architecture assembled the contract documents for bids and will provide oversight of the crews. Councilmember Folch motioned to approve as presented, seconded by Councilmember Haus. 7 Ayes, 0 Nays. Marijuana Usage in Parks and Public Spaces Wietecha referenced the recent recreational marijuana legislation and the initial focus on licensing and zoning. The law does not allow adult use of cannabis in public spaces (parks, sidewalks), but there is no penalty associated with use. Cities are allowed to determine the extent of public use. The City of Hastings has a 2007 tobacco free policy in parks that could be reviewed and expanded into an ordinance. It is recommended that this be referred to the Parks & Recreation Commission. Council discussion on which Commission to refer this topic to for deliberation, indicating Public Safety Advisory Commission as another option. Councilmember Fox motioned to a move deliberation to Parks & Recreation Commission and make unified with the tobacco-free policy in parks, seconded by Councilmember Lawrence. Council discussion on keeping the Parks and Recreation Commission to just the smoking of marijuana since beer and wine are allowed in the parks presently. Council discussion on supporting medical marijuana use throughout the discussions the Commission has as well. 7 Ayes, 0 Nays. Resolution No. 08-07-23: Special Use Permit – Neighborhood Commercial (315 Pine Street) Hinzman provided an overview of the Special Use Permit request. Limited uses of Neighborhood Commercial are allowed and has worked in the past. The SUP would allow for the first floor of the building to be used for social gatherings, with the remaining floors of the building would be residential. The Planning Commission has reviewed and recommended the SUP. During a public hearing, some neighboring residents expressed concern about potential parking issues. Council discussion on the timing of the reconstruction and the impact of the SUP on that timing. Council discussion on change of ownership throughout the years. Hinzman indicated the property owner purchased the property a few years ago and has been working on improvements such as the structural integrity of the building, continued demolition as well as approval of the architectural plans by the Heritage Preservation Commission. Hinzman indicated the intent is continue project to the point where the building Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes will be covered for the winter months to avoid additional damage. Additional concerns raised to councilmembers about parking due to speed of motorists on 4th Street. Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Fox. 7 Ayes, 0 Nays. Downtown Parking Study Hinzman introduced Maddie Swanson who is interning with the Community Development Department. Swanson provided the history of parking studies in the City. Swanson provided map visuals to create distinct areas for the study. The goal was to continue calculating the average usage of parking spots in the downtown area. Swanson highlighted the changes since the 2021 study. Approximately 33% of available parking spaces are used during the weekday times studied. Highest usage areas are 2nd Street (between Hwy 61 and Sibley), City Hall parking lot, and the downtown parking lot. Swanson closed with a comment about the Makers Market. Council discussion on the number of public versus private parking spots. Council expressed appreciation for the study and Swanson’s work on Makers Market. Council emphasized main points from the study that the City’s parking is free and underutilized. Council discussed whether the study was done with evening and weekend data, expressing an additional study to include that information may be helpful. Council wished Maddie well as her internship comes to an end. Micromobility Permit Update Hinzman provided an update on Spin and Bird Rides Scooters. Council had asked for a mid-year update since two vendors were approved. Bird Rides Scooters did not execute the contract this year. Spin is the only vendor to follow-through on approval. The Spin manager is in the Twin Cities area and manages fleets in several cities. Council wanted PSAC and staff to comment on the usage and some of the feedback includes lack of availability in certain areas of the City, riders not following road rules, underage riders, and scooters left in inconvenient places. Hinzman indicated that there have not been many complaints. Spin management indicates that the utilization rate is strong. Council discussion on usage, underage riders, and liability. Approve Change Order No. 1 – City Hall HVAC Project Hinzman reminded Council of the approval of the HVAC project earlier. As the project was getting close, several issues were identified that led to an alternate plan. The request is to increase the funds available to take advantage of the proximity of City Hall and the Police Department and put the new system in the Police Department to handle the HVAC needs of both buildings. This would realize savings in the future as the Police Department boilers need to be replaced in the next two years and reduce costs for installation in City Hall. No Council discussion. Councilmember Pemble motioned to approve as presented, seconded by Councilmember Lawrence. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes 7 Ayes, 0 Nays. Announcements • Summer Rec Programs at Levee Park… o Wednesday, August 9, Storytime in the Park with the theme “Numbers.” A partnership with Pleasant Hill Library. o Thursday, August 10, Music in the Park with “Hailey James Band – Country.” Supported by the Ruth and George Doffing Charitable Fund. o Thursday, August 17, Music in the Park with “Chico Chavez Orchestra - Cumbia.” Supported by the Ruth and George Doffing Charitable Fund. o Friday, August 18, Movie in the Park “DC League of Super Pets.” Sponsored by Ardent Mills. Please bring a non-perishable food donation. • The Rec + Art + Police will be at Roadside Park on Wed, August 9, featuring nature printing and inflatable hungry hippos. Recommended for elementary and middle schoolers. Supported by SC Toys, Country Financial, Hastings Lions Club, Hastings Family Service, Community Ed, and Hastings Prescott Arts Council. • Makersway Alley Market will be in Levee Park on Thursday, August 10. Support area makers and artisans within our historic downtown and riverfront park by shopping at the markets. • Concerts in the Orchard at the LeDuc Historic Estate will feature “Shotgun Johnson and the Mississippi 7” on August 13 and “Darlene and the Boys” on August 20. Sponsored by Merchants Bank. • Ride the 10-mile loop guided by a Park Ranger on Saturday, August 19. Learn history and wildlife fun facts. Free event with pre-registration required. Recommended for teens and adults. A partnership with National Park Service. Meetings • Finance Committee Meeting on Wednesday, August 9, 2023 at 5:00 p.m. • Arts & Culture Commission Meeting on Wednesday, August 9, 2023 at 6:00 p.m. • HEDRA Meeting on Thursday, August 10, 2023 at 6:00 p.m. • Operations Committee Meeting on Monday, August 14, 2023 at 7:00 p.m. • Planning Commission Meeting on Monday, August 14, 2023 at 7:00 p.m. - Cancelled • Heritage Preservation Commission Meeting on Tuesday, August 15, 2023 at 7:00 p.m. • Finance Committee Meeting on Wednesday, August 16, 2023 at 5:00 p.m. • Parks and Recreation Commission Meeting on Wednesday, August 16, 2023 at 6:00 p.m. • City Council Regular Meeting on Monday, August 21, 2023 at 7:00 p.m. Councilmember Fox motioned to adjourn the meeting at 8:04 PM, seconded by Councilmember Folch. Ayes 7; Nays 0. _____________________________ ______________________________ Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor City Council Memorandum To: Mayor Fasbender & City Council Members From: Connie Lang – Accountant Date: 08/17/2023 Item: Disbursements Council Action Requested: Staff requests: Council review of July 2023 CenterPoint, Xcel, Wex, Health Insurance payments. Council review of weekly routine disbursements issued 08/15/2023. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 08/22/2023. Background Information: Disbursements for routine items are made weekly. Disbursements for capital purchases and employee reimbursements are made twice a month, subsequent to Council approval. Financial Impact: July 2023 Centerpoint Payment $ 4,855.56 July 2023 Xcel Payment $ 50,720.15 July 2023 Wex Admin Fee Payment $ 288.75 July 2023 Health Ins Payment $ 171,268.21 Disbursement Checks & EFT on 08/15/2023 $ 370,840.21 Disbursement Checks, Hedra & EFT to be issued on 08/22/2023 $ 123,317.49 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Disbursement Reports VIII-01 Dept Account Amount Police 101-140-1403-6345 89.17 City Hall 101-140-1404-6345 300.63 City Storage 101-140-1407-6345 125.42 Alt Learning Ctr 101-401-4143-6345 108.13 Parks 200-401-4440-6345 172.71 Jt Maint 200-401-4447-6345 297.15 Pool 201-401-4240-6345 72.95 Fire 213-210-2100-6345 472.85 Le Duc 220-450-4160-6345 299.53 Water 600-300-3300-6345 318.12 Water 600-300-3302-6345 284.43 Garage 601-300-3400-6345 220.53 Arena 615-401-4103-6345 2093.94 4855.56 CENTERPOINT ENERGY July Payment VIII-01 Xcel Acct #Amount Date Paid Account # 51-6960213-7 3,669.09 3-Jul 101-140-1403-6343 51-6960208-0 1,559.18 14-Jul 101-140-1404-6343 51-8110141-1 18.35 14-Jul 101-140-1407-6343 51-6960219-3 59.23 13-Jul 101-201-2016-6343 51-6960210-4 160.84 14-Jul 101-300-3100-6343 51-6960210-4 804.21 14-Jul 101-301-3200-6343 51-0263715-0 184.53 14-Jul 101-302-3201-6343 51-0011278454-9 36.56 14-Jul 101-302-3201-6343 51-6960218-2 13,653.93 20-Jul 101-302-3201-6343 51-6960215-9 1,147.73 12-Jul 200-401-4440-6343 51-0011082067-5 176.86 14-Jul 200-401-4440-6343 51-0010048093-4 15.40 14-Jul 200-401-4440-6343 51-6960220-6 861.46 13-Jul 200-401-4447-6343 51-6960209-1 3,165.83 3-Jul 201-401-4240-6343 51-6960214-8 1,082.65 13-Jul 213-210-2100-6343 51-7216831-9 413.34 14-Jul 220-450-4160-6343 51-6960216-0 16,279.94 3-Jul 600-300-3300-6343 51-6960210-4 643.37 14-Jul 600-300-3300-6343 51-6960216-0 5,737.38 3-Jul 600-300-3302-6343 51-6960217-1 1,050.27 10-Jul 601-300-3400-6343 TOTAL 50,720.15 XCEL AUTOMATIC PAYMENTS July 2023 Payments VIII-01 Description Account #Amount Employer Paid HRA/HSA Admin Fee - Administration 101-105-1051-6131 8.25 Employer Paid HRA/HSA Admin Fee - City Clerk 101-107-1071-6131 10.59 Employer Paid HRA/HSA Admin Fee - Finance 101-120-1201-6131 19.25 Employer Paid HRA/HSA Admin Fee - Maintenance 101-140-1401-6131 0.00 Employer Paid HRA/HSA Admin Fee - Planning 101-150-1501-6131 2.75 Employer Paid HRA/HSA Admin Fee - IT 101-160-1601-6131 5.50 Employer Paid HRA/HSA Admin Fee - Police 101-201-2010-6131 93.50 Employer Paid HRA/HSA Admin Fee -Building Safety 101-230-2301-6131 11.00 Employer Paid HRA/HSA Admin Fee-Code Enforcement 101-230-2302-6131 2.75 Employer Paid HRA/HSA Admin Fee - Engineering 101-300-3100-6131 6.46 Employer Paid HRA/HSA Admin Fee - Streets 101-301-3200-6131 12.10 Employer Paid HRA/HSA Admin Fee - Parks 200-401-4440-6131 27.50 Employer Paid HRA/HSA Admin Fee - Aquatic 201-401-4240-6131 0.00 Employer Paid HRA/HSA Admin Fee - Cable 205-420-4201-6131 0.41 Employer Paid HRA/HSA Admin Fee - Historical 210-170-1702-6131 0.69 Employer Paid HRA/HSA Admin Fee - Fire 213-210-2100-6131 9.76 Employer Paid HRA/HSA Admin Fee - Ambulance 213-220-2200-6131 39.74 Employer Paid HRA/HSA Admin Fee - Leduc 220-450-4160-6131 0.00 Employer Paid HRA/HSA Admin Fee - HRA 404-500-6003-6131 0.00 Employer Paid HRA/HSA Admin Fee - Econ. Develop. 407-180-6003-6131 2.06 Employer Paid HRA/HSA Admin Fee - Water 600-300-3300-6131 12.65 Employer Paid HRA/HSA Admin Fee - Wastewater 601-300-3400-6131 8.94 Employer Paid HRA/HSA Admin Fee - Storm Water 603-300-3600-6131 7.98 Employer Paid HRA/HSA Admin Fee - Arena 615-401-4103-6131 5.50 Employer Paid HRA/HSA Admin Fee - Hydro 620-300-3500-6131 1.38 TOTAL 288.75 WEX PAYMENTS July Payment VIII-01 ACCOUNT DESCRIPTION ACCOUNT #Amount Medical Insurance Withholding 101-000-0000-2185 15,522.51 COBRA Paid Insurance 101-000-0000-2185 6,703.89 Employer Paid Health Ins. - Administration 101-105-1051-6131 723.81 Employer Paid Health Ins. - Communications 101-107-1061-6131 1,378.53 Employer Paid Health Ins. - City Clerk 101-107-1071-6131 2,329.83 Employer Paid Health Ins. - Finance 101-120-1201-6131 4,125.83 Employer Paid Health Ins. - Maintenance 101-140-1401-6131 1,695.27 Employer Paid Health Ins. - Planning 101-150-1501-6131 992.67 Employer Paid Health Ins. - IT 101-160-1601-6131 3,777.41 Employer Paid Health Ins. - Police 101-201-2010-6131 35,936.79 Employer Paid Health Ins. -Building Safety 101-230-2301-6131 5,174.96 Employer Paid Health Ins.-Code Enforcement 101-230-2302-6131 1,621.80 Employer Paid Health Ins. - Engineering 101-300-3100-6131 2,249.73 Employer Paid Health Ins. - Streets 101-301-3200-6131 3,628.89 Medical Insurance Withholding 200-000-0000-2185 2,085.18 Employer Paid Health Ins. - Parks 200-401-4440-6131 11,067.70 Medical Insurance Withholding 205-000-0000-2185 104.26 Employer Paid Health Ins. - Cable 205-420-4201-6131 243.27 Employer Paid Health Ins. --Heritage 210-170-1702-6131 180.95 Medical Insurance Withholding 213-000-0000-2185 4,747.63 Employer Paid Health Ins. - Fire 213-210-2100-6131 4,003.05 Employer Paid Health Ins. - Ambulance 213-220-2200-6131 16,025.32 Medical Insurance Withholding 220-000-0000-2185 128.22 Employer Paid Health Ins. - Leduc 220-450-4160-6131 299.16 Medical Insurance Withholding 407-000-0000-2185 578.33 Employer Paid Health Ins. - Econ. Dev.407-180-6003-6131 1,349.43 Medical Insurance Withholding 600-000-0000-2185 290.60 Employer Paid Health Ins. - Water 600-300-3300-6131 4,775.03 Medical Insurance Withholding 601-000-0000-2185 282.08 Employer Paid Health Ins. - Wastewater 601-300-3400-6131 3,454.43 Medical Insurance Withholding 603-000-0000-2185 629.62 Employer Paid Health Ins. - Storm Water 603-300-3600-6131 3,433.26 Medical Insurance Withholding 615-000-0000-2185 695.06 Employer Paid Health Ins. - Arena 615-401-4103-6131 2,424.81 Employer Paid Heatlh Ins. - Hydro 620-300-3500-6131 402.30 Employer Paid Health.Ins. - Retirees 701-600-6002-6131 28,206.58 TOTAL 171,268.21 Medica Health Insurance Premiums July 2023 VIII-01 08-10-2023 10:37 AM Council Report AUGUST 15TH PYMTS, 2023 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ CITY CLERK GENERAL I/O SOLUTIONS, INC. FAX ANSWER SHEETS FOR SCOR 100.00 MINNESOTA OCCUPATIONAL HEALTH PRE-EMPLOYMENT DRUG SCREEN 292.00 ASL INTERPRETING SERVICES, INC. INTERPRETING SERVICES-TEST 135.00_ TOTAL: 527.00 FACILITY MANAGEMENT GENERAL GILBERT MECHANICAL CONTRACTORS, INC. PD LUNCH ROOM ACTUATORS/VA 4,379.72 HOMETOWN ACE HARDWARE P.D. SCREWS 4.27 DOWNTOWN TIRE & AUTO F.C. TRUCK REPAIRS 616.49 STATE SUPPLY CO C.H. BOILER PARTS 63.17 TERRYS HARDWARE, INC. F.C. SUPPLIES AND TOOLS 26.65_ TOTAL: 5,090.30 I.T. GENERAL LOGIS/LOCAL GOVERNMENT INFORMATION SYS CISCO CSE ANNUAL MTC/4 ENT 2,885.50 CISCO CSE ANNUAL MTC/4 ENT 60.00 MARCO TECHNOLOGIES, LLC PHONE SYSTEM VIRTUALIZATIO 2,494.84 DAKOTA COUNTY FINANCIAL SERVICES AUGUST IT SERVER LEASE 250.00_ TOTAL: 5,690.34 POLICE GENERAL DAKOTA COUNTY FINANCIAL SERVICES 2023 ANNUAL FEE - ECU 21,000.00 STALKER RADAR REPAIRS TO RADAR SQUAD 141 368.25 SCHILLER CONSTRUCTION SERVICES HPD KITCHEN REMODEL 16,344.94 SHRED RIGHT JULY - 2 SERVICE FEES 17.73 DAKOTA 911 DCC FEE / 2023 SEPTEMBER 29,679.33_ TOTAL: 67,410.25 BUILDING & INSPECTIONS GENERAL KLETSCHKA INSPECTIONS, LLC ELECTRICAL INSPECTIONS 7,669.60_ TOTAL: 7,669.60 PUBLIC WORKS GENERAL FOCUS ENGINEERING, INC. PW EXPERT & CONSULTANT 7,950.00 TH 61 STUDY 1,110.00_ TOTAL: 9,060.00 PUBLIC WORKS STREETS GENERAL TRI-STATE BOBCAT, INC. HARNESS 305.89 HOSES, HYDRAULIC FLUID 339.51 ASTECH / ASPHALT SURFACE TECHNOLOGIES 2023 S METRO JPA-DRIVEWAY 10,200.00 PRECISE MOBILE RESOURCE MGMT. LLC 2023-06 SUBSCRIPTION 150.00 FOCUS ENGINEERING, INC. STREETS EXPERT & CONSULTAN 1,440.00 HOMETOWN ACE HARDWARE MISC FASTENERS 18.32 MIDWEST MACHINERY CO THERMOSTAT PARTS & SERVICE 1,498.12 GROMMET 4.32 HI-LINE ELECTRIC COMPANY, INC. MISCELLANEOUS PARTS 300.95 BOYER FORD TRUCKS/DBA ALLIANCE WIRE ASSEMBLY 35.64 COOLANT, SWITCH ASSEMBLY 42.87 BRAKE RETURNS 175.00- CENTER BEARING, U-JOINTS 116.09 SWITCH, HARNESS 47.94 NIEBUR TRACTOR & EQUIPMENT, INC. CARBURETOR 61.55 TERRYS HARDWARE, INC. PROPANE 176.65_ TOTAL: 14,562.85 PUBLIC WORKS STR. LIGH GENERAL HOMETOWN ACE HARDWARE TESTER, WIRE BRUSHES 19.95 DAKOTA ELECTRIC ASSN ELECTRIC 3,024.53_ TOTAL: 3,044.48 PARKS & RECREATION GENERAL HOMETOWN ACE HARDWARE EAB SUPPLIES 38.67 HASTINGS SCHOOL DISTRICT #200 AUG TILDEN CENTER COST SHA 2,500.00 VIII-01 08-10-2023 10:37 AM Council Report AUGUST 15TH PYMTS, 2023 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ RAINBOW TREE CO. TAPE FOR TREE 48.05_ TOTAL: 2,586.72 PARKS & RECREATION PARKS CINTAS CORPORATION NO 2 JMF FIRST AID SUPPLIES 144.62 INNOVATIVE OFFICE SOLUTIONS, LLC WIRE SORTER 8.86 HOMETOWN ACE HARDWARE BEE KILLER 22.46 DRUM REPAIR AT LEVEE 23.37 INDEPENDENT BLACK DIRT & SOD COMPANY I BLACK DIRT 350.00 ANNA RUDER RUDER VOLLEYBALL REF 88.00 THE JOURNAL PARKS AERATION ADS 298.50 MICHAEL A. PATRICK PATRICK SOFTBALL UMPIRE 178.00 THIERRY AUGE AUGE - SOFTBALL UMPIRE 168.00 GERLACH, ANNA GERLACH VOLLEYBALL REF 72.00 DANIEL JAMES PETERS PETERS SOFTBALL UMPIRE 72.00 MCKENZIE LANGENFELD LANGENFELD VOLLEYBALL REF 88.00 GERLACH OUTDOOR POWER EQUIP IGNITION SWITCH FOR FERRIS 33.80 MTI DISTRIBUTING COMPANY FILTERS FOR 5910 249.49 TERRYS HARDWARE, INC. BATTERIES 17.98 CHANNEL LOCK 59.97 BEE KILLER 39.60 IRRIGATION REPAIR 11.97 SUPPLIES FOR LEVEE BATHROO 33.45 SHOP SUPPLIES 37.54 PVC CAP FOR DRUM 9.99_ TOTAL: 2,007.60 PARKS & RECREATION AQUATIC CENTER INNOVATIVE OFFICE SOLUTIONS, LLC LOGO TUMBLERS 293.49 OFFICE SUPPLIES / GLOVES 28.53 OFFICE SUPPLIES / GLOVES 102.15 HORIZON COMMERCIAL POOL SUPPLY CHEMICAL 3,511.90 FOX'S FLOWRITE GUTTERS BOX GUTTERS FOR POOL 934.00 SYSCO, MINNESOTA FOOD FOR CONCESSIONS 1,818.75 FOOD FOR CONCESSIONS 103.38_ TOTAL: 6,792.20 FIRE FIRE & AMBULANCE IMAGE TREND, INC. MONTHLY FEE 675.00 PHASE 2 HOSTING FEE 289.83 DAKOTA 911 DCC FEE / 2023 SEPTEMBER 14,839.67 POMP'S TIRE SERVICE, INC. REPAIR ENGINE 4 297.74 ALEX AIR APPARATUS 2 4-GAS CALIBRATION GAS 289.00 ASPEN MILLS UNIFORMS 796.34 UNIFORMS 190.28 MACQUEEN EQUIPMENT, INC. SMALL FACEPIECE 477.86 MN FIRE SERVICE CERT.BRD RETEST FEE - KUSANT 25.00 ZEP MANUFACTURING CO. CLEANING SUPPLIES 846.44_ TOTAL: 18,727.16 AMBULANCE FIRE & AMBULANCE DANIELS HEALTH HAZARDOUS WASTE 197.28 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 90.26 MEDICAL SUPPLIES 34.50 BOYER FORD TRUCKS/DBA ALLIANCE GASKET-AIR CLEANER FOR MED 221.37 NORTHERN SAFETY TECHNOLOGY STROBE LAMP - MEDIC 3 127.13 LINDE GAS & EQUIPMENT INC. OXYGEN 192.52 OXYGEN 163.91_ TOTAL: 1,026.97 VIII-01 08-10-2023 10:37 AM Council Report AUGUST 15TH PYMTS, 2023 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ PUBLIC WORKS 2023 IMPROVEMENTS U.S. BANK 2023A FISCAL AGENT FEE 850.00 FOCUS ENGINEERING, INC. 2023-1 NEIGHBRHD INFRASTR 1,950.00 BARR ENGINEERING CO. 2023 IMPROVEMENTS PROJECT 1,225.00_ TOTAL: 4,025.00 PUBLIC WORKS WATER HAWKINS INC CHEMICALS 3,352.62 INNOVATIVE OFFICE SOLUTIONS, LLC ENVELOPES, TAPE 33.88 UPS 89.86 FOCUS ENGINEERING, INC. WATER FUND 780.00 WATER FUND 3,270.00 CORE & MAIN LP METER REPLACEMENT PROG 25,431.84 METER REPLACEMENT PROG 18,165.60 METER REPLACE PROG 9,520.00 GOPHER STATE ONE-CALL INC JULY 2023-FTP BILLABLE TIC 437.40 TERRYS HARDWARE, INC. KEYS 3.93 VACUUM BREAKER,TAPE,HOSE B 27.11 PLIERS 17.99 TOTAL TOOL SUPPLY 23 CRANE/HOIST INSP/LIFT R 1,050.00_ TOTAL: 62,180.23 PUBLIC WORKS WASTEWATER CRESCENT ELECTRIC SUPPLY COMPANY WESTWOOD GENERATOR PROJECT 636.61 WESTWOOD GENERATOR 36.54 FOCUS ENGINEERING, INC. WASTEWATER FUND 1,920.00 HOMETOWN ACE HARDWARE ADAPTER,UNION,PVC,WASP KIL 53.57 PVC,UNION,ADAPTR,DUSTPAN,B 56.82 VAN METER INC WESTWOOD GENERATOR 57.99 MCES WASTEWATER SERVICES DEF RE 138,272.63_ TOTAL: 141,034.16 PUBLIC WORKS STORM WATER UTILIT FOCUS ENGINEERING, INC. STORM WATER FUND 3,120.00 BARR ENGINEERING CO. 2023 IMPROVEMENTS PROJECT 3,894.50_ TOTAL: 7,014.50 PARKS & RECREATION ARENA HUEBSCH LAUNDRY CO. ENTRY RUG SERVICE 53.78 ISG ARENA PLANNING-FACILITY AS 4,935.00 BECKER ARENA PRODUCTS,INC REPLACEMENT RINK GLASS 3,081.96_ TOTAL: 8,070.74 PUBLIC WORKS HYDRO ELECTRIC AVANT ENERGY, INC. REC MANAGEMENT FEES 515.76 L & S ELECTRIC MOTOR REPAIR JOB 2,856.39 QUALITY FLOW SYSTEMS, INC. PUMP PARTS 337.00 TERRYS HARDWARE, INC. CABLES, TURNBUCKLE, TOWELS 100.96_ TOTAL: 3,810.11 NON-DEPARTMENTAL ESCROW - DEV/ENG/T FOCUS ENGINEERING, INC. SOUTH OAKS 4TH ADDITION 270.00 HERITAGE RIDGE 3RD ADDN DE 120.00 HERITAGE RIDGE 4TH ADDN DE 120.00_ TOTAL: 510.00 VIII-01 08-10-2023 10:37 AM Council Report AUGUST 15TH PYMTS, 2023 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ =============== FUND TOTALS ================ 101 GENERAL 115,641.54 200 PARKS 2,007.60 201 AQUATIC CENTER 6,792.20 213 FIRE & AMBULANCE 19,754.13 483 2023 IMPROVEMENTS 4,025.00 600 WATER 62,180.23 601 WASTEWATER 141,034.16 603 STORM WATER UTILITY 7,014.50 615 ARENA 8,070.74 620 HYDRO ELECTRIC 3,810.11 807 ESCROW - DEV/ENG/TIF-HRA 510.00 -------------------------------------------- GRAND TOTAL: 370,840.21 -------------------------------------------- TOTAL PAGES: 4 VIII-01 08-17-2023 09:21 AM Council Report AUGUST 22ND PYMTS, 2023 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL VISION SERVICE PLAN INSURANCE CO. AUG 2023 VISION PREMIUM 222.94 AUG 2023 VISION PREMIUM 18.30_ TOTAL: 241.24 ADMINISTRATION GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES - CITY HAL 44.67 OFFICE SUPPLIES - CITY HAL 124.66 OFFICE SUPPLIES - CITY HAL 28.74 CRAIG RAPP LLC STRATEGIC PLANNING 4,875.00 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE - CITYWIDE 447.98 GRAPHIC DESIGN LAWRENCE - BUSINESS CARDS 82.00_ TOTAL: 5,603.05 FINANCE GENERAL NORTHLAND SECURITIES, INC. LONG-TERM FINANCIAL PLAN 2,232.50_ TOTAL: 2,232.50 LEGAL GENERAL CAMPBELL KNUTSON, P.A. JULY LEGAL FEES 11,996.48 LEVANDER, GILLEN & MILLER, P.A. RETAINER/SERVICES THRU 7/2 2,258.50 RETAINER/SERVICES THRU 7/2 122.25 RETAINER/SERVICES THRU 7/2 356.50 RETAINER/SERVICES THRU 7/2 573.50_ TOTAL: 15,307.23 FACILITY MANAGEMENT GENERAL M. JUDGE ELECTRIC LLC P.D. LIGHTING REPLACED 1,015.00 ECOLAB PEST ELIMINATION DIVISION P.D. PEST 97.50 F.D. PEST 82.12 MN DEPT LABOR & INDUSTRY F.D. PRESSURE VESSEL CER 10.00 MOSENG LOCKSMITHING C.S. FRONT DOOR LOCK KEYPA 632.78 STATE SUPPLY CO C.H. BOILER PARTS 77.83 TERRYS HARDWARE, INC. BACK TO BACK TAPE, HEAT GU 153.49_ TOTAL: 2,068.72 I.T. GENERAL OFFICE OF MN.IT SERVICES WAN/USAGE JUL-23 529.62_ TOTAL: 529.62 POLICE GENERAL TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE - CITYWIDE 297.46 SOUTH EAST TOWING OF HASTINGS INC CASE #23001215 465.00 AUGUST 2023 LOT RENT 195.00_ TOTAL: 957.46 BUILDING & INSPECTIONS GENERAL DUNN SOLUTIONS LLC BUILDING DEPT CONSULTATION 85.00 BUILDING DEPT CONSULTATION 212.50 BUILDING DEPT CONSULTATION 127.50 BUILDING DEPT CONSULTATION 211.19 BUILDING DEPT CONSULTATION 255.00 BUILDING DEPT CONSULTATION 85.00 BUILDING DEPT CONSULTATION 42.50 BUILDING DEPT CONSULTATION 3,981.25 BUILDING DEPT CONSULTATION 148.75 BUILDING DEPT CONSULTATION 318.75 BUILDING DEPT CONSULTATION 2,769.42 BUILDING DEPT CONSULTATION 403.75 BUILDING DEPT CONSULTATION 170.00 BUILDING DEPT CONSULTATION 42.50 BUILDING DEPT CONSULTATION 85.00 BUILDING DEPT CONSULTATION 42.50 BUILDING DEPT CONSULTATION 85.00 VIII-01 08-17-2023 09:21 AM Council Report AUGUST 22ND PYMTS, 2023 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ BUILDING DEPT CONSULTATION 85.00 BUILDING DEPT CONSULTATION 42.50 BUILDING DEPT CONSULTATION 85.00 BUILDING DEPT CONSULTATION 85.00 BUILDING DEPT CONSULTATION 63.75 BUILDING DEPT CONSULTATION 127.50 BUILDING DEPT CONSULTATION 42.50 BUILDING DEPT CONSULTATION 127.50 BUILDING DEPT CONSULTATION 42.50 EDMISON, TANYA EDMISON BOOT REIMBURSEMENT 244.98_ TOTAL: 10,011.84 SAFETY GENERAL G.L. BERG ENTERTAINMENT DEPOSIT-STAFF COMEDY SHOW 150.00 MIKE BRODY COMEDY LLC COMEDY SHOW-STAFF LUNCH 9/ 600.00_ TOTAL: 750.00 PUBLIC WORKS GENERAL TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE - CITYWIDE 39.23_ TOTAL: 39.23 PUBLIC WORKS STREETS GENERAL RCM SPECIALTIES, INC. EMULSION 758.08 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE - CITYWIDE 39.23_ TOTAL: 797.31 PUBLIC WORKS STR. LIGH GENERAL CITY OF ST PAUL REPLACE COUNT DOWN TIMERS 840.32 LABOR & EQUIPMENT - SIGNAL 316.00_ TOTAL: 1,156.32 NON-DEPARTMENTAL PARKS VISION SERVICE PLAN INSURANCE CO. AUG 2023 VISION PREMIUM 12.20_ TOTAL: 12.20 PARKS & RECREATION PARKS TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE - CITYWIDE 165.10_ TOTAL: 165.10 NON-DEPARTMENTAL CABLE TV VISION SERVICE PLAN INSURANCE CO. AUG 2023 VISION PREMIUM 3.12_ TOTAL: 3.12 HERITAGE PRESERVATION HERITAGE PRESERVAT DAKOTA COUNTY HISTORICAL SOCIETY SUSTAINING MEMBERSHIP 100.00_ TOTAL: 100.00 NON-DEPARTMENTAL FIRE & AMBULANCE VISION SERVICE PLAN INSURANCE CO. AUG 2023 VISION PREMIUM 64.40_ TOTAL: 64.40 FIRE FIRE & AMBULANCE PHIL NELSON P NELSON BOOT REIMBURSEMEN 250.00 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE - CITYWIDE 174.44 MICHAEL WAGNER WAGNER BOOT REIMBURSEMENT 210.73 EMERGENCY APPARATUS MAINT REPAIR TO ENGINE 2 2,169.06 REPAIR TO ENGINE 4 1,972.84 REPAIR TO LADDER 1 2,036.75 REPAIR TO TENDER 1 1,225.29 REPAIR TO LADDER 1 478.60 MACQUEEN EQUIPMENT, INC. LOCKER 2,489.60 MN FIRE SERVICE CERT.BRD OFFICER II CERT EXAM 273.00_ TOTAL: 11,280.31 AMBULANCE FIRE & AMBULANCE DAKOTA COUNTY FINANCIAL SERVICES 2023 EMS TRANSPORT FEE 2,212.00 ALLINA HOSPITALS & CLINICS 3RD QTR MED DIRECTOR&EDUCA 3,340.50 VIII-01 08-17-2023 09:21 AM Council Report AUGUST 22ND PYMTS, 2023 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ EXPERT BILLING, LLC JUNE REVENUE 1,532.95 DIGITECH COMPUTER LLC JULY 2023 BILLING 5,311.97_ TOTAL: 12,397.42 PARKS & RECREATION PARKS CAPITAL PROJ WSB & ASSOCIATES INC HWY 55 TRAIL PROJECT 10,054.50_ TOTAL: 10,054.50 ECONOMIC DEVELOPMENT HEDRA LEVANDER, GILLEN & MILLER, P.A. RETAINER/SERVICES THRU 7/2 382.50 RETAINER/SERVICES THRU 7/2 431.15_ TOTAL: 813.65 INVALID DEPARTMENT TIF 9 BLOCK 28 LEVANDER, GILLEN & MILLER, P.A. RETAINER/SERVICES THRU 7/2 60.00 RETAINER/SERVICES THRU 7/2 24.00_ TOTAL: 84.00 NON-DEPARTMENTAL WATER VISION SERVICE PLAN INSURANCE CO. AUG 2023 VISION PREMIUM 5.70_ TOTAL: 5.70 PUBLIC WORKS WATER WATER CONSERVATION SERVICES, INC. LEAK LOCATES + MILEAGE 757.58 HOMETOWN ACE HARDWARE BAKING SODA, LIME RUST REM 37.76 ELBOWS, VINEGAR, BAKING SO 28.76 CLOROX WIPES 13.66 PIPE, UNION ADAPTER CREDIT 27.51- CORE & MAIN LP METER REPLACEMENT PROGRAM 16,822.76 ROBERT CLARK CLARK BOOTS REIMBURSEMENT 169.99 CLARK - PANTS REIMBURSEMEN 270.00 LEVANDER, GILLEN & MILLER, P.A. RETAINER/SERVICES THRU 7/2 317.75 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE - CITYWIDE 39.23 CITY OF BLOOMINGTON LAB TESTING SERVICES 476.00 DOWNTOWN TIRE & AUTO 2008 CHEV SILVERADO REPAIR 1,326.49 GRAPHIC DESIGN TIL BILL STATEMENTS/POSTAG 297.00 TIL BILL STATEMENTS/POSTAG 1,508.83 NINE EAGLES PROMOTIONS KIEFFER CLOTHING 50.00_ TOTAL: 22,088.30 NON-DEPARTMENTAL WASTEWATER VISION SERVICE PLAN INSURANCE CO. AUG 2023 VISION PREMIUM 5.56_ TOTAL: 5.56 PUBLIC WORKS WASTEWATER CRESCENT ELECTRIC SUPPLY COMPANY WESTWOOD GENERATOR PROJECT 8.70 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE - CITYWIDE 39.23 GRAPHIC DESIGN TIL BILL STATEMENTS/POSTAG 297.00 QUALITY FLOW SYSTEMS, INC. LIFT STATION PUMPS-CAPITAL 22,777.00 LIFT STATION SERVICE CHECK 1,600.00_ TOTAL: 24,721.93 NON-DEPARTMENTAL STORM WATER UTILIT VISION SERVICE PLAN INSURANCE CO. AUG 2023 VISION PREMIUM 5.56_ TOTAL: 5.56 PUBLIC WORKS STORM WATER UTILIT GRAPHIC DESIGN TIL BILL STATEMENTS/POSTAG 297.00_ TOTAL: 297.00 NON-DEPARTMENTAL ARENA VISION SERVICE PLAN INSURANCE CO. AUG 2023 VISION PREMIUM 13.04_ TOTAL: 13.04 PARKS & RECREATION ARENA BECKER ARENA PRODUCTS,INC NETTING FOR GOAL FRAMES 920.18_ TOTAL: 920.18 VIII-01 08-17-2023 09:21 AM Council Report AUGUST 22ND PYMTS, 2023 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL ESCROW - DEV/ENG/T LEVANDER, GILLEN & MILLER, P.A. RETAINER/SERVICES THRU 7/2 237.50 RETAINER/SERVICES THRU 7/2 223.50 RETAINER/SERVICES THRU 7/2 130.00_ TOTAL: 591.00 =============== FUND TOTALS ================ 101 GENERAL 39,694.52 200 PARKS 177.30 205 CABLE TV 3.12 210 HERITAGE PRESERVATION 100.00 213 FIRE & AMBULANCE 23,742.13 401 PARKS CAPITAL PROJECTS 10,054.50 407 HEDRA 813.65 413 TIF 9 BLOCK 28 84.00 600 WATER 22,094.00 601 WASTEWATER 24,727.49 603 STORM WATER UTILITY 302.56 615 ARENA 933.22 807 ESCROW - DEV/ENG/TIF-HRA 591.00 -------------------------------------------- GRAND TOTAL: 123,317.49 -------------------------------------------- TOTAL PAGES: 4 VIII-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: August 21, 2023 Item: Special Event Designation – Date Addition Council Action Requested: Designate October 8, 2023 as an additional Historic Hastings Car Show date. Background Information: The Downtown Business Association (DBA) planned the 2023 Car Show events. The event dates included the 3rd Sunday of each month: May 21, June 18, July 16, August 20 and September 17 from 11:00 a.m. to 4:00 p.m. The DBA is asking for an additional date to be added: Sunday, October 8, 2023. Conditions • Street closure of the area barricaded in red (reference map) from 9:00 a.m. – 5:00 p.m. for event. Sibley St. should stay open until 9:30 a.m. to allow for public parking and Legion access. This would be consistent with 2021 & 2022 Car Shows. • Event Organizers will post ‘No Parking’ signs 24-hrs. prior to the event. Hastings Police will tag/tow any cars in restricted area starting at 9:00 a.m. This is consistent with other special events. • Area to block-off include: 2nd Street from Tyler Street to the cross street near The Lock and Dam Eatery. Ramsey Street from Oliver’s Grove Park to the Levee Park Entrance. Sibley Street from Level Up Games area to the Alley by the previous ‘Onion Grille’ restaurant. • Barricade at 3rd Street and blocking the East Frontage Road. Barricade can open as the show ends for exiting traffic. • Volunteers will direct cars to appropriate open parking spaces on 2nd, filling from end to end then filling the center of 2nd between Sibley and Tyler. When full, volunteers will place street barricades, blocking the entrance. • Volunteers will direct cars North on Tyler St. and shown other public parking areas nearby. • Hastings Police Department will continue to provide Reservists and Police Officers for the Car Show events. • The Hastings Parks Department will provide 5 picnic tables under the HWY 61 bridge south of 2nd St. next to the artwork area and 3 picnic tables on the Levee Park sidewalk area near the public restrooms; allowing for proper handicap access. VIII-02 • Event Organizers will coordinate for a food truck and tent under the bridge (where picnic tables are placed) and on 2nd street under the bridge. The truck window will face west so guests line up on the sidewalk and not the street. • DBA to provide additional trash and recycling receptacles for attendees. • DBA to provide portable bathrooms for attendees. • Levee Park restrooms will be cleaned and stocked Sunday mornings by Parks Department Staff. Restrooms are on an automated timer unlocked 7:00 a.m. – 10:00 p.m. daily, unless an issue arises. • No vehicles newer than 1985 allowed in designed event area. • No animals (unless certified service animals) allowed in designed event area. Financial Impact: The DBA has been independent in the organization of these events, there are some City resources used including Police Reservists and a full-time Police Officer to assist. Advisory Commission Discussion: n/a Council Committee Discussion: n/a Attachments: ▪ 2023 Car Show Packet VIII-02 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: April 3, 2023 Item: Special Event Designation Council Action Requested: Designate the Historic Hastings Car Shows as Special Events with the following conditions recommended by City staff. Background Information: The Downtown Business Association (DBA) is planning for the 2023 Car Show events. The event dates will be the 3rd Sunday of each month: May 21, June 18, July 16, August 20 and September 17 from 11:00 a.m. to 4:00 p.m. The event has the same footprint as last year. Conditions • Street closure of the area barricaded in red (reference map) from 9:00 a.m. – 5:00 p.m. for event. Sibley St. should stay open until 9:30 a.m. to allow for public parking and Legion access. This would be consistent with 2021 & 2022 Car Shows. • Event Organizers will post ‘No Parking’ signs 24-hrs. prior to the event. Hastings Police will tag/tow any cars in restricted area starting at 9:00 a.m. This is consistent with other special events. • Area to block-off include: 2nd Street from Tyler Street to the cross street near The Lock and Dam Eatery. Ramsey Street from Oliver’s Grove Park to the Levee Park Entrance. Sibley Street from Level Up Games area to the Alley by the previous ‘Onion Grille’ restaurant. • Barricade at 3rd Street and blocking the East Frontage Road. Barricade can open as the show ends for exiting traffic. • Volunteers will direct cars to appropriate open parking spaces on 2nd, filling from end to end then filling the center of 2nd between Sibley and Tyler. When full, volunteers will place street barricades, blocking the entrance. • Volunteers will direct cars North on Tyler St. and shown other public parking areas nearby. • Hastings Police Department will continue to provide Reservists and Police Officers for the Car Show events. • The Hastings Parks Department will provide 5 picnic tables under the HWY 61 bridge south of 2nd St. next to the artwork area and 3 picnic tables on the Levee Park sidewalk area near the public restrooms; allowing for proper handicap access. VIII-02 • Event Organizers will coordinate for a food truck and tent under the bridge (where picnic tables are placed) and on 2nd street under the bridge. The truck window will face west so guests line up on the sidewalk and not the street. • DBA to provide additional trash and recycling receptacles for attendees. • DBA to provide portable bathrooms for attendees. • Levee Park restrooms will be cleaned and stocked Sunday mornings by Parks Department Staff. Restrooms are on an automated timer unlocked 7:00 a.m. – 10:00 p.m. daily, unless an issue arises. • No extra dates be added to this request; only dates specified. • No vehicles newer than 1985 allowed in designed event area. • No animals (unless certified service animals) allowed in designed event area. Financial Impact: The DBA has been independent in the organization of these events, there are some City resources used including Police Reservists and a full-time Police Officer to assist. Advisory Commission Discussion: n/a Council Committee Discussion: n/a Attachments: ▪ 2023 Car Show Special Event Application ▪ 2023 Car Show Map & Route VIII-02 SPECIAL EVENT PERMIT APPLICATION ADHERE TO COVID-19 GUIDELINES. The User represents & confirms that all requirements of the City and State of Minnesota related to COVID-19, including, but not limited to, Governor’s Executive Order & State Agency Guidance, have been included in the User’s COVID-19 Preparedness Plan which will be implemented and enforced while using any Facility in accordance this Agreement. User is responsible for monitoring & updating their COVID-19 Preparedness Plan should the requirements of the City or State of Minnesota be altered, updated, or otherwise changed. General Event Information Event Name: Name of Event Coordinator: Home Phone: ( ) Work Phone: ( ) Cell Phone: ( ) E-mail: Mailing Address: Website: On Site Contact Name: On Site Contact Cell Phone: ( ) Date(s) Requested: Date Day of Week Time Total Hours am/pm to am/pm am/pm to am/pm am/pm to am/pm Is this event: Open to the public Private Will this be an annual event? Yes No Has this event been held in another City? Yes No If yes, when was it held and where? ___________________________________________________________________________ Will an admission fee be charged? Yes No Will donations be accepted? Yes No What will proceeds from the event be used for? Anticipated Attendance: Total Per Day Will there be a tent(s) at the event? Yes No If yes, how many and how big? Event Location Information Location of the event (including the starting line, finish line and staging/disbanding areas): List of any City parks/facilities to be used for the event: Number of vehicles expected at the event: Describe where participants will park: /Business Hosting Event: Name of Organization Fundraiser Other: Type of Event (mark all that apply): Downtown Event Race/Run/Walk Concert/Performance VIII-02 If the event will take place on private property, has approval been obtained from the property owner(s)? Yes No Please include a site plan for the event location that show the location of the starting line, finishing line, staging areas, tents, vendors, parking areas, sound amplification equipment and any other areas that will be setup as part of the event. Recycling and Trash are required for collection at all events with waste. Recycling and Trash must follow the Best Management Practices including: paired and labeled containers. Questions? Please contact our City Recycling Coordinator 651-480-6182 Will your event generate waste? If yes, we recommend contacting a Hauler for bins and waste pick-up. Yes No Event Route Information Does the event propose to require the use of any public right of way (crossing or traveling within)? List all public right of way that will be used during the event: City Streets ______________________________________________________________________________________________ ________________________________________________________________________________________________________ Trails/Sidewalks __________________________________________________________________________________________ ________________________________________________________________________________________________________ County Roads ___________________________________________________________________________________________ State Road ___________________________________________________________________________________________ Other Right of Way _______________________________________________________________________________________ Have you received approval for the use of any County or State right-of-way? Yes No Not applicable Please include a detailed map showing the proposed route. The route map must show what roadways, trails and sidewalks will be used and the direction the participants will travel. All street names must be clearly labeled. Event Safety Information Number of volunteers assisting with the event: Will alcohol be served or sold at the event? No Yes (a temporary beer or liquor license is required) Will there be a raffle or other regulated gambling activity at the event? No Will the event include the sale of any food or beverages? No Yes (health department permits are required, please provide a list of your approved food vendors):_____________________________________________________________________________ Yes No (The City of Hastings reserves the right to require street closings) __________________________________________________________________________________________________________ If yes, please describe: _______________________________________________________________________________________ Does the route require the closing or partial closing of any streets, intersections or crossings? Yes No __________________________________________________________________________________________________________ If yes, please summarize: _____________________________________________________________________________________ Is the promoter aware of any problems that may arise during the event? Yes No __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ If yes, please summarize: _____________________________________________________________________________________ Have arrangements been made for emergency medical services? Yes No __________________________________________________________________________________________________________ If yes, please summarize: _____________________________________________________________________________________ Do you have a contingency plan if volunteers don’t show up? Yes No Yes (a temporary gambling permit is required) __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ Will the event include the sale of any products or services? No Yes (please provide a list of your approved event vendors): VIII-02 I have read and agree to all ordinances and rules associated with this special event permit. I certify that the answers are true and correct to the best of my knowledge. _______________________________________________________ ______________________________ Signature Date Please return completed form to Paige Marschall-Bigler at pmarschall@hastingsmn.gov or mail in to Parks Department 920 10th St W, Hastings MN 55033. Call 651-480-6182 with any questions. Date application submitted: _____________________________________________ Date application approved by CC:_________________________________________ Required resources: - Police Reservists:_________________________________________________ - Equipment:______________________________________________________ - City staff:________________________________________________________ Insurance information received:___________________________________________ Licenses/permits obtained:_______________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ Event Signage and Sound Information Please include a route map detailing where all DIRECTIONAL signage will be placed for the event. Please include a map detailing where all signs ADVERTISING the event will be placed. Will any sound amplification equipment be used at the event? Yes No If yes, please describe where in the event area the equipment will be used and what time the equipment will be used: Insurance Information Insurance coverage shall be maintained for the duration of the event with a minimum $1,000,000 combined single limit and a minimum $2,000,000 aggregate limit. If food or non-alcoholic beverages are sold or provided at the event the insurance policy shall also include an endorsement for product liability in an amount not less than $1,000,000. Proof of insurance coverage must be provided at least 5 days prior to the event. OFFICE USE ONLY VIII-02 Public Parking  95 Units Public Parking  43 Units Public Parking  130 Units Public Parking  85 Units (15 reserved for Car Show Volunteers) Car Show Car Spaces Available: ~105 Street Barricades Public Parking   All Public Parking lots have accessible parking spaces reserved. Food Trucks Restrooms One way traffic Car Show Cars  Enter HERE If you would like to display your car at the Historic HasJngs Car Show, please follow the guidelines below: •Spaces are available on a first come, first serve basis. •Please enter the event area on Tyler & 2nd •Gates open at 10:00 a.m. •Classic cars from 1985 and older.  T y l e r S t 2nd Street R a m s e y S t S i b l e y S t . Overflow parking offered by Branchline Church VIII-02 2nd Street E E d d y S t r e e t T y l e r S t r e e t 4th Street Street Barricades 3rd Street Route op3ons VIII-02 City Council Memorandum To: Mayor Fasbender & City Council Members From: David D. Wilske, Chief of Police Date: August 21st, 2023 Item: Public Safety Advisory Commissioner Appointment Council Action Requested: Council is asked to appoint Mary Nehring to complete a partial term on the Public Safety Advisory Commission. Background Information: Mrs. Nehring participated in an oral interview before a panel consisting of City Councilmember Fox, PSAC Chair Dolores Pemble, City Administrator Dan Wietecha, and Police Chief Dave Wilske. At the conclusion of the interview, the panel unanimously recommended Nehring. Mary will begin her term commencing 9/21/23 to 12/31/2023 and will complete the term for Victoria Baukel, who stepped down from the Commission after relocating to another city. Financial Impact: None Advisory Commission Discussion: Public Safety Advisory Commission Chair, Pemble. Council Committee Discussion: N /A Attachments: N/A VIII-03 City Council Memorandum To: Mayor Fasbender & City Council Members From: Chris Eitemiller, Finance Manager and Ashley Bertrand, Assistant Finance Manager Date: August 21, 2023 Item: 2023 2nd Quarter Financial Report Council Action Requested: Review and approve the attached second quarter financial report. Background Information: The second quarter financial report is a quarterly update of 2023 activity through June 30, 2023. Consistent with past practice, some numbers in the report are adjusted to take into consideration the effects of year-end accruals and year- to-year allocation differences. Detail of the City’s investments holdings is provided in Appendix A. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ▪ 2023 2nd Quarter Financials ▪ Appendix A – 2023 Investment Holdings as of June 30, 2023 VIII-04 2023 2nd Quarter Financial Update 2 | P a g e 2023 2nd Quarter Financial Update Governmental Funds General Fund General Fund Revenue Summary: • The largest source of revenue is property tax levy. The City received an advance payment in June, while the second half will be received in July. • Our investments have begun performing better in the second quarter this year, and represents the best performance since prior to the pandemic. • Public Works-Engineering charges a fee for engineering work related to the annual street project in the fall. Because that has not yet been charged, Engineering shows at just 2% of budgeted revenue. • Public Works-Streets has state aid payments for summer street maintenance and construction budgeted but not yet charged. • Building Inspection fees continue to perform strongly, and are on track to meet an increased budget for 2023. VIII-04 2023 2nd Quarter Financial Update 3 | P a g e General Fund Expense Summary: • None of the General Fund Departments have any budget concerns at this point in the year. • Variances from the typical mid-year spending pattern are largely due to capital or supplies purchases that are expected to be close to budget by year-end. VIII-04 2023 2nd Quarter Financial Update 4 | P a g e Parks - Fund 200 • Income is tracking as expected with investment earnings better than recent years. • Joint Facility revenue is lower than anticipated; we are awaiting the second quarter payment. • Expenditures look on target at 37% of budget spent at the mid-point during the year. VIII-04 2023 2nd Quarter Financial Update 5 | P a g e Aquatic Center – Fund 201 • Budgeted Capital Outlay, including lifeguard stands and shade structures, remains mostly unspent as of June 30, which is the most significant reason that spending so low at mid-year. • This fund will expend the bulk of its budget by the end of August. VIII-04 2023 2nd Quarter Financial Update 6 | P a g e Fire & Ambulance – Fund 213 Fire & Ambulance Revenue Summary: • In early 2023, a new Rural Fire Contract was agreed to. Payments in 2023, will be about $33,000 higher than budgeted, due to the timing of negotiations. • None of the $505,078 in transfers have been made as of June 30. These funds will be transferred from the General Fund to support capital outlay purchases. VIII-04 2023 2nd Quarter Financial Update 7 | P a g e Fire & Ambulance Expense Summary: • Fire expense is more in 2023, due primarily to capital outlay. Fire purchased a new Tender truck at $453,000. • Other Services & Charges expense is higher in Ambulance for 2023. Increased paramedic training accounts for this increase. • Capital Outlay is higher in Fire for 2023. Purchase of a new Tender truck accounts for the variance. Additional equipment budgeted for 2023, at approximately $233,000 remains to be spent in 2023. VIII-04 2023 2nd Quarter Financial Update 8 | P a g e Arena – Fund 615 • Arena Sales Income has increased from 2022, appears to be on pace to meet budget. VIII-04 2023 2nd Quarter Financial Update 9 | P a g e Enterprise Funds The Enterprise funds consist of our three utility funds and the hydro plant. Water – Fund 600 • Water revenue is steady with 24% collected as of June 30th. • Personnel expense is again lower than budgeted in 2023, due to the vacancy of the PW Director position, which has been filled with a consultant. This trend is seen in the other enterprise funds as well. VIII-04 2023 2nd Quarter Financial Update 10 | P a g e Sewer – Fund 601 • The sewer revenue is also steady at 31% collected since June 30th. • Expense is in line with the budget. Capital outlay expects a large increase in the second half of the year. Storm Water – Fund 603 • The storm water fund revenue in line with the other utilities. • A street sweeper was purchased in the first half of 2022, which accounts for the large decrease from 2022-23. VIII-04 2023 2nd Quarter Financial Update 11 | P a g e Hydro – Fund 620 • A study examining the long-term viability of the Hydro Plant, at a cost of $100,000 accounts for the budget increase from 2022. Current year spending is on track to remain within budget for 2023. City-Wide Debt Service • Debt Service expenditures are as anticipated. The principal payment due date is February 1st; all principal payments were made as of the end of the first quarter. Interest payments are made on February 1st as well as August 1st. VIII-04 2023 2nd Quarter Financial Update 12 | P a g e Transfers 2023 Transfers • Quarterly transfers are made for administrative charges, internal funding, and savings needs. Transfers posted for 2nd quarter 2023 were all budgeted transfers or budgeted use of stabilization funds. VIII-04 2023 2nd Quarter Financial Update 13 | P a g e Cash and Investments Balances • Cash balances fluctuate throughout the year based on planned spending, receipt of fund revenues and the timing of property tax payments. The cash balance within a fund can be one indicator of the health of the fund. FUND DESCRIPTION June 30, 2022 June 30, 2023 General Fund 7,463,718 8,499,951 Parks 1,497,847 608,025 Aquatic Center 448,166 464,744 Cable TV 105,617 103,444 Cable Access 37,852 39,601 Heritage Preservation 88,136 95,371 Fire & Ambulance 189,198 (1,053,152) LeDuc Historical Estate Operations 145,641 129,403 Police Reserves 23,437 33,517 DUI Enforcement & Forfeitures 44,944 44,444 2013 Equipment Certificates 64,042 63,146 Parks Capital Projects 99,266 963,940 Budget Stabilization Fund 352,232 345,514 HEDRA 948,209 556,559 TIF 3 Guardian Angels (099) 570 9,840 TIF 5 NAPA (116) 23,226 517 TIF 4 Downtown Redevelopment (007) (21,288) (21,288) TIF 7 Hudson Sprayers 12,161 12,976 TIF 8 Schoolhouse Square 6 2,610 PW Cold Storage Building 902,106 192 2022 Improvements 3,252,840 171,508 2023 Improvements 0 (454,683) Debt Redemption 989,875 961,761 2022 Cold Storage Building 0 (13,183) 2016A GO TIF (quasi refunding) Bonds 125,992 129,523 2012 GO Improvement Bonds 70,525 36,516 2013 GO Improvement Bonds 35,414 13,234 2014 GO Improvement Bonds 76,621 60,458 2015 GO Improvement Bonds 105,414 103,572 2016 GO Improvement Bonds 168,600 138,317 2017 GO Improvement Bonds 75,566 66,010 2018 GO Improvement Bonds (25,301) (37,315) 2019 GO Improvement Bonds 896,429 833,266 2020 GO Improvement Bonds 430,148 455,011 2021 GO Improvement Bonds 308,624 288,275 2022 GO Improvement Bonds 0 588,420 Water 3,997,077 3,076,098 Wastewater 1,840,306 1,781,675 Storm Water 934,673 1,256,066 Arena 575,908 518,616 Hydro Electric 116,825 264,974 Retiree Health 252,219 255,237 Compensated Absences 78,013 118,257 Vehicle Revolving Fund 605,891 708,288 Insurance Fund 508,367 771,269 VIII-04 2023 2nd Quarter Financial Update 14 | P a g e Escrow -Dev/Eng/TIF-HRA 556,236 451,575 Ruth Doffing Trust Fund-Library 89,930 89,797 C. Simmons Trust 214,505 218,958 C. Simmons Residuary (358) (10,126) VIII-04 2023 2nd Quarter Financial Update 15 | P a g e Investments • The City’s total investment portfolio was valued at $32,896,386 as of June 30, 2023. • Allocation of the City’s portfolio is as follows. Additional detail is available in Appendix A. Additional Information Further detail of the information presented here may be obtained by contacting the Finance Department. The Finance Manager may be reached for questions at 651-480-2347 or CEitemiller@hastingsmn.gov. The Assistant Finance Manager may be reached at 651-480-2354 or ABertrand@hastingsmn.gov. VIII-04 2023 2nd Quarter Financial Update 16 | P a g e Appendix A – Investment Holdings Detail of Municipal Bonds, Agencies and CDs VIII-04 2023 2nd Quarter Financial Update 17 | P a g e VIII-04 1 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: August 21, 2023 Item: Authorize Signature: 2nd Amendment to Development Agreement - Heritage Ridge 3rd Addition Council Action Requested: Authorize signature of the attached 2nd Amendment to the Development Agreement between the City and Creative Homes for the development of Heritage Ridge 3rd Addition containing 40 lots located at the northwest corner of General Sieben Drive and Fallbrooke Drive. The amendment extends the date for installation of bituminous wear course (final course) after the first course (base course) until October 31, 2024. Approval would be subject to minor modifications by staff. A simple majority is necessary for action. Background Information: The City Council authorized signature of the original agreement on April 18, 2022. Final Plat approval was granted on September 7, 2021 to TC Land, LLC. The assignment of TC Land’s approval to Creative Homes was approved by the Council on February 7, 2022. The City Council authorized signature of the 1st Amendment on May 2, 2022. Financial Impact: The addition of 40 home sites will add to the tax base and create needed housing opportunities. Advisory Commission Discussion: N\A Attachments: • 2nd Amendment to Development Agreement VIII-05 1 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (this “Second Amendment”) is made and entered into on the day of , 2023 (“Effective Date”), by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Creative Home Construction Investments LLC, a Wisconsin limited liability company (“Developer”). RECITALS: WHEREAS, the City and Developer entered into a Development Agreement for the plat of Heritage Ridge 3rd Addition dated April 28, 2022, recorded as Document No. 3546022 on June 24, 2022 in the Dakota County Recorder’s Office, as amended by the First Amendment to Development Agreement dated May 2, 2022, recorded as Document No. 3546023 on June 24, 2022 in the Dakota County Recorder’s Office (collectively “Development Agreement”), for the real property identified in the Development Agreement; and WHEREAS, the Developer has requested an extension of installing the bituminous wear course; and WHEREAS, the City does not object to the requested extension. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Second Amendment and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: 1. The entire Development Agreement is hereby incorporated into this Second Amendment, except as modified below. 2. Section 4.5 of the Development Agreement shall be removed and replaced in its entirety as follows: 4.5. INTERIM BITUMINOUS STREET. The DEVELOPER will construct a bituminous wedge for the roadways within the FINAL PLAT. The DEVELOPER shall install the bituminous wear course of streets after the first course (base course) has VIII-05 2 weathered a winter season, consistent with warranty requirements, but no later than October 31, 2024. A bituminous ramping wedge to protect the concrete lip from snowplow damage shall be installed with the bituminous base course. Prior to paving the bituminous wear course, the ramping wedge must be milled off. The CITY will thoroughly inspect all curb and gutter for damage prior to the installation of the bituminous wear course and may require repairs and/or replacement by DEVELOPER depending on the severity of damage. Final acceptance of the required improvements by the CITY will not be granted until all work, including final wear course, is completed. 3. Except as provided for above, the terms and provisions of the Development Agreement shall remain in full force and effect. 4. This Second Amendment and all disputes or controversies arising out of or relating to this Second Amendment or the transactions contemplated hereby shall be governed by, and construed in accordance with, the internal laws of the State of Minnesota, without regard to the laws of any other jurisdiction that might be applied because of the conflicts of laws principles of the State of Minnesota. 5. Nothing contained herein shall be deemed a waiver by the CITY of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Developer or its successors or assigns, shall be subject to any governmental immunity defenses of the CITY and the maximum liability limits provided by Minnesota Statutes, Chapter 466. 6. This Second Amendment may be executed in two or more counterparts, all of which shall be considered one and the same instrument and shall become effective when one or more counterparts have been signed by the parties and delivered to the other parties. 7. This Second Amendment shall not be amended, modified or supplemented, except by a written instrument signed by an authorized representative of each party. [remainder of page intentionally blank] VIII-05 3 IN AGREEMENT, the parties hereto have hereunto set their hands as of the Effective Date. CITY: CITY OF HASTINGS By: Mary Fasbender Its Mayor By: Kelly Murtaugh Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2023, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the said instrument was signed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public VIII-05 4 DEVELOPER: CREATIVE HOME CONSTRUCTION INVESTMENTS LLC By: Nicholas R. Hackworthy Its Manager STATE OF _____________________) ) ss. COUNTY OF ) On this _____ day of _____________, 2023, before me a Notary Public within and for said County, personally appeared Nicholas R. Hackworthy to me personally known, who being by me duly sworn, did say that he is the Manager of Creative Home Construction Investments LLC, a Wisconsin limited liability company, the entity named in the foregoing instrument, and that said instrument was signed on behalf of said entity and said Nicholas R. Hackworthy acknowledged said instrument to be the free act and deed of the entity. Notary Public THIS INSTRUMENT DRAFTED BY AND AFTER RECORDING PLEASE RETURN TO: Korine Land, #262432 LeVander, Gillen, & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 (651) 451-1831 VIII-05 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: August 21, 2023 Item: Resolution: Minor Subdivision – Glendale and Spiral Council Action Requested: Adopt the attached resolution granting a minor subdivision of City owned land located at the northwest corner of Glendale Road and Spiral Blvd (PID 19-03500-84-010). Approximately five acres from Spiral Blvd northward would be split and sold to Northern State Services LLC (Rick Ries) for incorporation into Ries Addition. The City would retain the remaining 15 acres south of Spiral Blvd. A simple majority is necessary for action. Background Information: The Minor Subdivision is necessary to separate the northern +/-5.0 acres platted as Ries Addition from the remaining property prior to recording of the Plat. The City Council approved the sale of property to Northern State Services on June 26, 2023 and the Plat of Ries Addition, a two-lot rural residential subdivision, on July 17, 2023. Financial Impact: The subdivision will allow for sale of the property and generate $60,960 in revenue as well as an increase in the community’s annual tax base. City maintenance expenses for the property will cease. Advisory Commission Discussion: N/A Council Commission Discussion: N\A Attachments: • Location Map • Resolution VIII-06 LOCATION MAP Split for Ries Addition Remain City Owned VIII-06 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION _______________ A RESOLUTION APPROVING THE PROPERTY SPLIT OF PARCEL IDENTIFICATION NUMBER 19-03500-84-010 IN HASTINGS, MINNESOTA Council member ____________________ introduced the following resolution and moved its adoption: WHEREAS, Dakota County Parcel Identification Number 19-03500-84-010 is located in the City of Hastings, Dakota County, Minnesota, legally described on Exhibit A (“the Property”), attached hereto and incorporated herein; and WHEREAS, the Property is owned by the City of Hastings (“City”); and WHEREAS, the City desires to split the Property, resulting in two separate tax parcels legally described as Parcel A and Parcel B on Exhibit B, attached hereto and incorporated herein; and WHEREAS, the City Council has reviewed the proposed lot split and has no objection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings, Minnesota, approval is given to the split of the Property into two separate lots of record legally described as Parcel A and Parcel B on Exhibit B. Council member ______________________ moved a second to this resolution and upon being put to a vote it was adopted by the Council Members present. Adopted by the Hastings City Council this _______ day of ________________, 2023, with the following vote: Ayes: Nays: Absent: _________________________________ Mary D. Fasbender, Mayor ATTEST: ___________________________ Kelly Murtaugh, City Clerk VIII-06 I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the day of , 2023, as disclosed by the records of the City of Hastings on file and of record in the office. Kelly Murtaugh, City Clerk SEAL VIII-06 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY That part of the Southwest Quarter of the Southeast Quarter of Section 35, Township 115, Range 17, Dakota County, Minnesota lying west of Glendale Road and subject to highway easement Parcel 1 on County Right-of-Way Map 108. Abstract Property PID: 19-03500-84-010 A-1 VIII-06 EXHIBIT B LEGAL DESCRIPTIONS OF PARCEL A AND PARCEL B Parcel A: That part of the Southwest Quarter of the Southeast Quarter of Section 35, Township 115, Range 17, described as BEGINNING at the northwest corner of said Southwest Quarter of the Southeast Quarter; thence South 0 degrees 15 minutes 13 seconds East along the west line of said Southwest Quarter of the Southeast Quarter 578.64 feet; thence northeasterly 535.96 feet along a curve that is concave to the northwest having a radius of 707.00 feet, central angle of 35 degrees 01 minute 17 seconds, chord distance of 425.45 feet, and the chord of said curve bears North 52 degrees 26 minutes 53 seconds East; thence North 34 degrees 56 minutes 16 seconds East, tangent to the last described curve, 104.02 feet; thence northeasterly 253.80 feet along a curve concave to the southeast, having a radius of 260.00 feet, central angle of 55 degrees 55 minutes 45 seconds, chord distance of 243.84 feet, and the chord of said curve bears North 62 degrees 54 minutes 08 seconds East; thence South 89 degrees 58 minutes 45 seconds East, not tangent to the last described curve; 50.00 feet to the centerline of Dakota County Road 91, as now traveled; thence North 0 degrees 01 minute 15 seconds East along said centerline of County Road 91 a distance of 125.04 feet to the north line of said Southwest Quarter of the Southeast Quarter; thence South 89 degrees 49 minutes 32 seconds West along said north line of the Southwest Quarter 666.55 feet to the point of beginning. Subject to highway easement Parcel B: That part of the Southwest Quarter of the Southeast Quarter of Section 35, Township 115, Range 17, Dakota County, Minnesota lying west of Glendale Road and subject to highway easement Parcel 1 on County Right-of-Way Map 108; except that portion lying northerly and westerly of the following described line: Commencing at the northwest corner of said Southwest Quarter of the Southeast Quarter of Section 35, Township 115, Range 17, Dakota County, Minnesota; thence South 0 degrees 15 minutes 13 seconds East along the west line of said Southwest Quarter of the Southeast Quarter 578.64 feet to the point of beginning of the line to be described; thence northeasterly 535.96 feet along a curve that is concave to the northwest having a radius of 707.00 feet, central angle of 35 degrees 01 minute 17 seconds, chord distance of 425.45 feet, and the chord of said curve bears North 52 degrees 26 minutes 53 seconds East; thence North 34 degrees 56 minutes 16 seconds East, tangent to the last described curve, 104.02 feet; thence northeasterly 253.80 feet along a curve concave to the southeast, having a radius of 260.00 feet, central angle of 55 degrees 55 minutes 45 seconds, chord distance of 243.84 feet, and the chord of said curve bears North 62 degrees 54 minutes 08 seconds East; thence South 89 degrees 58 minutes 45 seconds East, not tangent to the last described curve; 50.00 feet to the centerline of Dakota County Road 91, as now traveled and thence terminating. B-1 VIII-06 City of Hastings  101 Fourth Street East  Hastings, MN 55033-1944  Phone: 651-480-2350  www.hastingsmn.gov City Council Memorandum To: Mayor Fasbender & City Council Members From: John Townsend, Fire Chief Date: August 15, 2023 Item: Approve Agreement for Professional Services and Business Associate Addendum for Protected Health Information with Emergency Service Perspectives. Council Action Requested: Approve Professional Services Agreement and Addendum for Protected Health Information with Emergency Service Perspectives. Background Information: The agreement with Emergency Service Perspectives is part of upgrading the Image Trend records management system. The addendum is for access to our records management system and protected health information. Financial Impact: 2023 budgeted records management upgrade; no impact to budget Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: 1. Professional Services Agreement 2. Business Associate Addendum VIII-07 1 of 5 224667v1 PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) made this 21st day of August 2023 (“Effective Date”), by and between the CITY OF HASTINGS, a Minnesota municipal corporation (“City”) and EMERGENCY SERVICE PERSPECTIVES (ESP), a Minnesota business (“Consultant”). IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The Contract consists of the following documents: A. This Professional Services Agreement; B. Business Associate Addendum 2. SCOPE OF SERVICES. The City retains Consultant and Consultant agrees to provide the following services (the “Project”): A. From the date of this Agreement through one calendar year, Consultant shall: i. Provide the City with five (5) Arc GIS pre-built Dashboards, including departmental customizations without additional data fields (“Dashboard”). ii. Provide hosting services for the Dashboards. iii. Present ten (10) monthly RMS/GIS in-person meetings lasting 90 to 150 minutes long (“Trainings”). ESP and the City will work cooperatively to determine the topics of and schedule the Trainings to best meet the City’s needs. 3. COMPENSATION. A. For Project services, the City shall pay Consultant as follows: i. Training sessions and dashboards are a combination price. Dashboard hosting comes with the trainings. Package price is $5000 for one calendar year. The dashboards are software as a service. This is a one-year agreement on hosting this software. Trainings will be completed monthly for 10 months. If additional training is requested, a new contract will be offered. The City will pay this amount in one payment. This amount will be paid in accordance with Paragraph 3.C. B. Consultant shall be paid at a rate of $150.00 per hour for any work requested and performed above and beyond the scope of the Project. Such hourly rate will be effective for the Term of the Agreement. City will receive a formal VIII-07 2 of 5 224667v1 proposal before any billable work is performed above and beyond the scope of this Agreement. C. The City will pay Consultant within thirty (30) days upon receipt of a properly itemized invoice for work completed, unless the City has a good faith dispute over the amount of the bill, in which case the City must pay the amount that is not in dispute. 4. TERM. The term of this Agreement shall be effective on the Effective Date of this Agreement for a Term of one year. This Agreement will not be automatically renewed or extended. This Agreement may be extended upon mutual written agreement of the parties. Upon the completion of the term of this Agreement, the City shall be liable to Consultant for services performed and unpaid under this Agreement. 5. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Consultant in conjunction with this contract. Except as provided herein, Consultant shall exclusively own all work Consultant provides to the City, including exclusive rights to dashboard designs and lay-outs. The City agrees not to copy, retain, or share dashboards owned or developed by Consultant, unless required pursuant to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13. The City shall use its best efforts to protect any data identified as trade secret data as confidential data. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. The City shall not be responsible for discovering deficiencies in the accuracy of Consultant’s services. 8. INSURANCE. Consultant shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Consultant, if such legal liability is caused by an intentional or negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. The policy shall provide minimum limits of $1,000,000.00 per incident with a deductible maximum of $125,000.00. Before commencing work, Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. The certificate shall provide that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insurer’s intention to cancel this insurance. 9. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall VIII-07 3 of 5 224667v1 furnish any and all supplies, equipment, and incidentals necessary for Consultant's performance under this Agreement. The City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 10. ENTIRE AGREEMENT. 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. 11. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. 12. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant 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 Consultant pursuant to this Agreement. Consultant 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 Consultant receives a request for data related in any way to this agreement or the services provided hereunder, Consultant must immediately notify the City. Consultant shall not release any data without the written consent of the City. Consultant agrees to defend, indemnify, and hold the City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant’s officers’, agents’, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 15. TERMINATION OF THE AGREEMENT. Either City or Consultant may terminate this Agreement upon thirty (30) days’ written notice (including delivery by facsimile or electronic mail) to the other party or as provided in Article 4 of the Business Associate Addendum. IN WITNESS WHEREOF, the parties have entered into this Agreement on the dates shown below. By signing below each party specifically acknowledges that it has read this Agreement, that it has been advised to review the terms of this Agreement with legal counsel, that it has received all necessary approvals from governing bodies to enter into such Agreement, and that it agrees to be legally bound by all terms of the Agreement. VIII-07 4 of 5 224667v1 EMERGENCY SERVICE PERSPECTIVES Dated: , 2023 Brian DesLauriers, Owner ESP VIII-07 5 of 5 224667v1 CITY OF HASTINGS Mary Fasbender, Mayor Kelly Murtaugh, City Clerk VIII-07 Page 1 of 11 BUSINESS ASSOCIATE ADDENDUM THIS BUSINESS ASSOCIATE ADDENDUM (“Addendum”), is made and entered into by and between The City of Hastings, Minnesota (“Covered Entity”) and Emergency Service Perspectives. (“Business Associate”). This Addendum shall form a part of all agreements and other engagements as are currently in effect between the parties under which Protected Health Information (“PHI”) (as defined in Article 1 of this Addendum) is provided, created or received by Business Associate from or on behalf of Covered Entity, and shall supersede and replace any business associate agreement or amendment previously entered into between Covered Entity and Business Associate in accordance with the requirements of HIPAA (as defined below) and/or the HITECH Act (as defined below). This Addendum is effective as of the effective date of the Professional Services Agreement (the “Effective Date”). RECITALS WHEREAS, in connection with the performance of their respective obligations under the terms of the Professional Services Agreement, Covered Entity may disclose certain information to Business Associate, and Business Associate may use and/or disclose certain information, some of which may constitute PHI; and WHEREAS, Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI disclosed to, or created, utilized or disclosed by, Business Associate pursuant to the Professional Services Agreement in compliance with the Health Insurance Portability and Accountability Act of 1996, and its implementing regulations and guidance issued by the Secretary of the U.S. Department of Health and Human Services (the “Secretary”), all as amended from time to time (“HIPAA”), as well as the requirements of the Health Information Technology for Economic and Clinical Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009, and its implementing regulations and guidance issued by the Secretary, all as amended from time to time (the “HITECH Act”), and other applicable laws; The parties do hereby agree as follows: Article 1: Definitions 1.1 Definitions. For the purposes of this Addendum, the following defined terms shall have the following definitions. All capitalized terms used in this Addendum but not otherwise defined herein shall have the meaning given in HIPAA or the HITECH Act, as applicable. (a) “Breach” has the meaning given to such term under HIPAA and the HITECH Act, including, but not limited to, at § 13400(1) of the HITECH Act and 45 CFR § 164.402. (b) “Data Aggregation” has the meaning given to such term under the Privacy VIII-07 Page 2 of 11 Standards (as defined below), including, but not limited to, at 45 CFR § 164.50l. (c) “Designated Record Set” has the meaning given to such term under the Privacy Standards, including, but not limited to, at 45 CFR § 164.501. (d) “Health Care Operations” has the meaning given to such term under the Privacy Standards, including, but not limited to, at 45 CFR § 164.501. (e) “Limited Data Set” has the meaning given to such term under the Privacy Standards, including, but not limited to, at 45 CFR § 164.514. (f) “Privacy Standards” means the HIPAA Privacy Rule and HIPAA Security Rule codified at 45 CFR Parts 160, 162 and 164. (g) “Protected Health Information” or “PHI” has the meaning given to such term under HIPAA, the HITECH Act, and the Privacy Standards, including, but not limited to, at 45 CFR § 160.103. (h) “Unsecured Protected Health Information” has the meaning given to such term under HIPAA and the HITECH Act, including, but not limited to, at § 13402(h) of the HITECH Act and 45 CFR §164.402. Article 2: Duties of Business Associate 2.1 Compliance with Privacy Provisions. Business Associate shall only use and disclose PHI in performance of its obligations under the Professional Services Agreement and as permitted or required by law. Business Associate agrees to be in compliance with each applicable requirement of 45 CFR § 164.504(e) and all requirements of the HITECH Act applicable to Business Associate. 2.2 Compliance with Security Provisions. Business Associate shall: (a) implement and maintain administrative safeguards as required by 45 CFR § 164.308, physical safeguards as required by 45 CFR § 164.310 and technical safeguards as required by 45 CFR § 164.312; (b) implement and document reasonable and appropriate policies and procedures as required by 45 CFR § 164.316; (c) use its best efforts to implement and maintain technologies and methodologies that render PHI unusable, unreadable or indecipherable to unauthorized individuals as specified in the HITECH Act; and (d) be in compliance with all requirements of the HITECH Act related to security and applicable to Business Associate. 2.3 Breach of Unsecured PHI. (a) With respect to any suspected or actual unauthorized acquisition, access, use or disclosure (“Acquisition”) of Covered Entity’s PHI by Business Associate, its agents or subcontractors, and/or any Acquisition of data in violation of any applicable federal or state law, Business Associate shall (i) VIII-07 Page 3 of 11 investigate such Acquisition; (ii) determine whether such Acquisition constitutes a reportable Breach under HIPAA, the HITECH Act, and/or applicable federal or state law ; (iii) document and retain its findings under clauses (i) and (ii); and (iv) take any action pertaining to such Acquisition required by applicable federal or state law. (b) If Business Associate discovers that a Breach has occurred, Business Associate shall notify Covered Entity in writing without unreasonable delay and in no case later than five (5) days after discovery of the Breach. Business Associate’s written notice shall include all available information required by 45 CFR § 164.410 and other applicable law. Business Associate’s written report shall be promptly supplemented with any new or additional information. Business Associate agrees to cooperate with Covered Entity in meeting Covered Entity’s obligations under the HITECH Act and other applicable law with respect to such Breach. Covered Entity shall have sole control over the timing and method of providing notification of such Breach to the affected individual(s) or others as required by the HITECH Act and other applicable law. 2.4 Permitted Uses of PHI. Satisfactory performance of its obligations under the Professional Services Agreement by Business Associate may require Business Associate to receive or use PHI obtained from Covered Entity, or created or received by Business Associate on behalf of Covered Entity; provided, however, that Business Associate shall not use PHI other than for the purpose of performing Business Associate’s obligations under the Professional Services Agreement (including this Addendum), as permitted or required under the Professional Services Agreement (including this Addendum), or as required by law. Business Associate shall not use PHI in any manner that would constitute a violation of HIPAA if so used by Covered Entity. 2.5 Permitted Disclosures of PHI. Business Associate shall not disclose PHI other than for the purpose of performing Business Associate’s obligations under the Professional Services Agreement (including this Addendum), as permitted or required under the Professional Services Agreement (including this Addendum), or as required by law. Business Associate shall not disclose PHI in any manner that would constitute a violation of HIPAA if so disclosed by Covered Entity. To the extent that Business Associate discloses PHI to a third party in carrying out its obligations under the Professional Services Agreement, Business Associate must obtain, prior to making any such disclosure, (i) reasonable assurances from such third party that such PHI will be held confidential as provided pursuant to this Addendum and only disclosed as required by law or for the purposes for which it was disclosed to such third party, and (ii) an agreement from such third party to immediately notify Business Associate of any breaches of confidentiality of the PHI, to the extent the third party has obtained knowledge of such breach. 2.6 Minimum Necessary. Business Associate shall limit its use, disclosure or request VIII-07 Page 4 of 11 of PHI to only the minimum necessary as required by law. 2.7 Retention of PHI. Unless otherwise specified in the Professional Services Agreement, Business Associate shall maintain and retain PHI for the term of the Professional Services Agreement, and make such PHI available to Covered Entity as set forth in this Addendum. 2.8 Safeguarding PHI. Business Associate shall use appropriate safeguards to prevent the use or disclosure of PHI other than as permitted by the Professional Services Agreement and this Addendum. Business Associate will appropriately safeguard electronic PHI in accordance with the standards specified at 45 CFR § 164.314(a). In particular, Business Associate will implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of electronic PHI that it creates, receives, maintains or transmits on behalf of Covered Entity. 2.9 Agents and Subcontractors. Business Associate shall ensure that any agents (including subcontractors) of Business Associate to whom Business Associate provides PHI received from Covered Entity, or PHI created or received by Business Associate on behalf of Covered Entity, agree in writing to the same restrictions and conditions that apply to Business Associate with respect to such PHI, including the requirement to implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of PHI. Business Associate shall implement appropriate sanctions against agents and subcontractors that violate such restrictions and conditions, including termination of the agency or subcontractor relationship, if feasible, and shall mitigate the effects of any such violations. 2.10 Reporting Unauthorized Use or Disclosure. Business Associate shall report in writing to Covered Entity any use or disclosure of PHI not provided for under the Professional Services Agreement or this Addendum as soon as possible after Business Associate becomes aware of such an incident but in no case later than five (5) days after the date on which Business Associate becomes aware of any such incident; provided, however, that the Parties acknowledge and agree that this Section constitutes notice by Business Associate to Covered Entity of the ongoing existence and occurrence of attempted but Unsuccessful Security Incidents (as defined below). “Unsuccessful Security Incidents” will include, but not be limited to, pings and other broadcast attacks on Business Associate’s firewall, port scans, unsuccessful log-on attempts, denials of service and any combination of the above, so long as no such incident results in unauthorized access, use or disclosure of PHI. Business Associate shall take (i) prompt corrective action to cure any deficiencies that caused the unauthorized use or disclosure, and (ii) any corrective action required by applicable federal and state law. 2.11 Access to Information. Within five (5) days of Covered Entity’s request, Business Associate shall provide Covered Entity with access to Covered Entity’s PHI VIII-07 Page 5 of 11 maintained by Business Associate or its agents or subcontractors to enable Covered Entity to fulfill its obligations under the Privacy Standards, including, but not limited to, 45 CFR § 164.524. 2.12 Availability of PHI for Amendment. The parties acknowledge that the Privacy Standards permit an individual who is the subject of PHI to request certain amendments of their records. Upon Covered Entity’s request for an amendment of PHI or a record about an individual contained in a Designated Record Set, but not later than five (5) days after receipt of such request, Business Associate and its agents or subcontractors shall make such PHI available to Covered Entity for amendment and incorporate any such amendment to enable Covered Entity to fulfill its obligations under the Privacy Standards, including, but not limited to, 45 CFR § 164.526. If any individual requests an amendment of PHI directly from Business Associate or its agents or subcontractors, Business Associate must notify Covered Entity in writing within five (5) days of the request. Covered Entity has the sole authority to deny a request for amendment of PHI received or created under the terms of the Professional Services Agreement and maintained by Business Associate or its agents or subcontractors. 2.13 Accounting of Disclosures. Upon Covered Entity’s request, Business Associate, its agents and subcontractors shall make available the information required to provide an accounting of disclosures to enable Covered Entity to fulfill its obligations under the Privacy Standards, including, but not limited to, 45 CFR § 164.528. For this purpose, Business Associate shall retain a record of disclosure of PHI for at least six (6) years from the date of disclosure. Business Associate agrees to implement a process that allows for an accounting to be collected and maintained by Business Associate and its agents or subcontractors for at least six (6) years prior to the request, but not before the effective date of the Professional Services Agreement. At a minimum, such information shall include: (i) the date of disclosure; (ii) the name of the entity or person who received PHI and, if known, the address of the entity or person; (iii) a brief description of PHI disclosed; and (iv) a brief statement of the purpose of the disclosure that reasonably informs the individual of the basis for the disclosure, or a copy of the individual’s authorization, or a copy of the written request for disclosure. Where a request for an accounting is delivered directly to Business Associate or its agents or subcontractors, Business Associate shall within five (5) days of a request forward it to Covered Entity in writing. It shall be Covered Entity’s responsibility to prepare and deliver any such reply to the requested accounting. 2.14 Agreement to Restriction on Disclosure. If Covered Entity is required to comply with a restriction on the disclosure of PHI pursuant to § 13405 of the HITECH Act, then Covered Entity shall provide written notice to Business Associate of the name of the individual requesting the restriction and the PHI affected thereby. Business Associate shall, upon receipt of such notification, not disclose the identified PHI to any health plan for the purposes of carrying out Payment or Health Care Operations, except as otherwise required by law. VIII-07 Page 6 of 11 2.15 Accounting of Disclosures of Electronic Health Records (“EHR”). If Business Associate is deemed to use or maintain an EHR on behalf of Covered Entity, then Business Associate shall maintain an accounting of any disclosures made through an EHR for Treatment, Payment and Health Care Operations, as required by law. Upon request by Covered Entity, Business Associate shall provide such accounting to Covered Entity in the time and manner specified by law. Alternatively, if Covered Entity responds to an individual’s request for an accounting of disclosures made through an EHR by providing the requesting individual with a list of all business associates acting on behalf of Covered Entity, then Business Associate shall provide such accounting directly to the requesting individual in the time and manner specified by the HITECH Act. 2.16 Access to Electronic Health Records. If Business Associate is deemed to use or maintain an EHR on behalf of Covered Entity with respect to PHI, then, to the extent an individual has the right to request a copy of the PHI maintained in such EHR pursuant to 45 CFR § 164.524 and makes such a request to Business Associate, Business Associate shall provide such individual with a copy of the PHI in the EHR in an electronic format and, if the individual so chooses, transmit such copy directly to an entity or person designated by the individual. Business Associate may charge a fee, not to exceed Contractor’s labor costs to respond, to the individual for providing the copy of the PHI. The provisions of 45 CFR § 164.524, including the exceptions to the requirement to provide a copy of PHI, shall otherwise apply and Business Associate shall comply therewith as if Business Associate were Covered Entity. At Covered Entity’s request, Business Associate shall provide Covered Entity with a copy of an individual’s PHI maintained in an EHR in an electronic format and in a time and manner designated by Covered Entity in order for Covered Entity to comply with 45 CFR § 164.524, as amended by the HITECH Act. 2.17 Remuneration for PHI. Business Associate agrees that it shall not, directly or indirectly, receive remuneration in exchange for any PHI of Covered Entity except as otherwise permitted by law. 2.18 Limitations on Use of PHI for Marketing Purposes. Business Associate shall not use or disclose PHI for the purpose of making a communication about a product or service that encourages recipients of the communication to purchase or use the product or service, unless such communication: (a) complies with the requirements of subparagraph (i), (ii) or (iii) of paragraph (1) of the definition of marketing contained in 45 CFR § 164.501, and (b) complies with the requirements of subparagraphs (A), (B) or (C) of § 13406(a)(2) of the HITECH Act. Covered Entity shall cooperate with Business Associate to determine if the foregoing requirements are met with respect to any such marketing communication. VIII-07 Page 7 of 11 2.19 Governmental Access to Books and Records. For purposes of determining Covered Entity’s compliance with the HIPAA, Business Associate agrees to make available to the Secretary its internal practices, books, and records relating to the use and disclosure of PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. 2.20 Data Ownership. Business Associate acknowledges that Business Associate has no ownership rights with respect to the PHI. 2.21 Insurance. Business Associate shall maintain commercial general liability insurance, with commercially reasonable liability limits, that includes coverage for damage to persons or property arising from any breach of the terms of this Addendum. 2.22 Audits, Inspection and Enforcement. Within ten (10) days of a written request by Covered Entity, Business Associate and its agents or subcontractors shall allow Covered Entity to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of PHI pursuant to this Addendum for the purpose of determining whether Business Associate has complied with this Addendum; provided, however, that (i) Business Associate and Covered Entity shall mutually agree in advance upon the scope, timing and location of such an inspection; (ii) Covered Entity shall protect the confidentiality of all confidential and proprietary information of Business Associate to which Covered Entity has access during the course of such inspection; and (iii) Covered Entity shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by Business Associate. Covered Entity and its authorized agents or contractors, may, at Covered Entity’s expense, examine Business Associate’s facilities, systems, procedures and records as may be necessary for such agents or contractors to certify to Covered Entity the extent to which Business Associate’s security safeguards comply with HIPAA, the HITECH Act or this Addendum, to the extent that Covered Entity determines that such examination is necessary to comply with Covered Entity’s legal obligations pursuant to HIPAA or the HITECH Act relating to certification of its security practices. The fact that Covered Entity inspects, or fails to inspect, or has the right to inspect, Business Associate’s facilities, systems, books, records, agreements, policies and procedures does not relieve Business Associate of its responsibility to comply with this Addendum, nor does Covered Entity’s (i) failure to detect or (ii) detection, but failure to notify Business Associate or require Business Associate’s remediation of any unsatisfactory practices, constitute acceptance of such practices or a waiver of Covered Entity’s enforcement rights under the Professional Services Agreement or this Addendum. 2.23 Return of PHI at Termination. Upon termination of the Professional Services Agreement, Business Associate shall, where feasible, destroy or return to Covered Entity all PHI received from Covered Entity, or created or received by Business Associate or its agents or subcontractors on behalf of Covered Entity. Where return VIII-07 Page 8 of 11 or destruction is not feasible, the duties of Business Associate under this Addendum shall be extended to protect the PHI retained by Business Associate. Business Associate agrees not to further use or disclose information for which the return or destruction is infeasible. Business Associate shall certify in writing the destruction of the PHI and to the continued protection of PHI that is not feasible to destroy. 2.24 Retention of PHI. Business Associate and its contractors or agents shall retain communications and documents required to be maintained by HIPAA for six (6) years after termination of the Professional Services Agreement. 2.25 Business Associate’s Performance of Obligations of Covered Entity. To the extent the Business Associate is to carry out one or more of Covered Entity’s obligation(s) under the HIPAA Privacy Rule, Business Associate shall comply with the requirements of the Privacy Rule that apply to Covered Entity when it carries out such obligation(s). Article 3: Duties of Covered Entity 3.1 Using Appropriate Safeguards. Covered Entity shall be responsible for using appropriate safeguards to maintain and ensure the confidentiality, privacy and security of PHI transmitted to Business Associate pursuant to the Professional Services Agreement, in accordance with the standards and requirements of HIPAA. Article 4: Term and Termination 4.1 Term. The provisions of this Addendum shall become effective on the Effective Date and shall continue in effect until all of the PHI provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy the PHI, protections are extended to such information in accordance with the termination provisions in Section 4.2 of this Addendum. 4.2 Termination by Covered Entity. (a) A breach by Business Associate of any material provision of this Addendum, as determined by Covered Entity, shall constitute a material breach of the Professional Services Agreement and shall provide grounds for immediate termination of the Professional Services Agreement by Covered Entity. (b) If Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate’s obligations under the provisions of this Addendum or another arrangement and does not terminate the Professional Services Agreement pursuant to Section 4.2(a) of this Addendum, then Business Associate shall take reasonable steps to cure such breach or end such violation, as applicable. If Business Associate’s efforts to cure such breach or end such VIII-07 Page 9 of 11 violation are unsuccessful, Covered Entity shall either (i) terminate the Professional Services Agreement, if feasible or (ii) if termination of the Professional Services Agreement is not feasible, Covered Entity shall report Business Associate’s breach or violation to the Secretary. 4.3 Termination by Business Associate. If Business Associate knows of a pattern of activity or practice of Covered Entity that constitutes a material breach or violation of Covered Entity’s obligations under the Professional Services Agreement or this Addendum, then Business Associate shall immediately notify Covered Entity. With respect to such breach or violation, Business Associate shall (i) take reasonable steps to cure such breach or end such violation, if possible; or (ii) if such steps are either not possible or are unsuccessful, upon written notice to Covered Entity, terminate the Professional Services Agreement; or (iii) if such termination is not feasible, report Covered Entity’s breach or violation to the Secretary. 4.4 Termination by Either Party. Either party may terminate the Professional Services Agreement, effective immediately, if (i) the other party is named as a defendant in a criminal proceeding for a violation of HIPAA, the HITECH Act or other security or privacy laws, or (ii) a finding or stipulation that the other party has violated any standard or requirement of HIPAA, the HITECH Act or other security or privacy laws is made in any administrative or civil proceeding in which the party has been joined. Article 5: Miscellaneous 5.1 Acknowledgment. Business Associate recognizes and agrees that it is obligated by law to comply with the applicable provisions of the HITECH Act. 5.2 Change in Law. The parties agree to promptly enter into negotiations concerning the terms of the Professional Services Agreement (including this Addendum), and to negotiate in good faith, if, in either party’s business judgment, modification of the Professional Services Agreement (including this Addendum) becomes necessary due to legislative, regulatory, or judicial developments regarding HIPAA or the HITECH Act. Covered Entity may terminate the Professional Services Agreement upon thirty (30) days written notice in the event (i) Business Associate does not promptly enter into negotiations to amend the Professional Services Agreement when requested by Covered Entity pursuant to this § 5.2, or (ii) Business Associate does not enter into an amendment to the Professional Services Agreement providing assurances regarding the safeguarding of PHI that Covered Entity, in its sole discretion, deems sufficient to satisfy the standards and requirements of HIPAA and the HITECH Act. 5.3 Disclaimer. Covered Entity makes no warranty or representation that compliance by Business Associate with HIPAA, the HITECH Act or this Addendum will be adequate or satisfactory for Business Associate’s own purposes. Business Associate is solely responsible for all decisions made by Business Associate regarding the safeguarding of PHI. VIII-07 Page 10 of 11 5.4 Assistance in Litigation or Administrative Proceedings. Business Associate shall make itself, and any subcontractors, employees or agents assisting Business Associate in the performance of its obligations under the Professional Services Agreement or this Addendum, available to Covered Entity, at no cost to Covered Entity, to testify as witness, or otherwise, in the event of litigation or administrative proceedings being commenced against Covered Entity, its members/shareholders, managers/directors, officers or employees based upon a claimed violation of HIPAA or the HITECH Act or other laws relating to security and privacy, except where Business Associate, or its subcontractor, employee or agent is a named adverse party. 5.5 No Third-Party Beneficiaries. Nothing express or implied in this Addendum is intended to confer, nor shall anything herein confer, upon any person other than Covered Entity, Business Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 5.6 Interpretation. Section titles in this Addendum are for convenience only, and shall not be used in interpreting this Addendum. Any ambiguity in this Addendum shall be resolved to permit the parties to comply with the requirements of HIPAA and the HITECH Act. In the event of conflict between the Professional Services Agreement and this Addendum, the provisions of this Addendum shall prevail. Any reference in this Addendum to a section in the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E, the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR part 164, subpart C, or the HITECH Act means the section as in effect or as amended. The parties hereto have executed this Rider on the day and year first above written on the Professional Services Agreement. THE CITY OF HASTINGS MN EMERGENCY SERVICE PERSPECTIVES (Covered Entity) (Business Associate) By: ____________________________ By: ____________________________ Name: __________________________ Name: BRIAN DESLAURIERS Title: ___________________________ Title: SOLE PROPRIETOR VIII-07 Page 11 of 11 Date: ________________________ Date: 03/19/2023 VIII-07 Quantity Unit Price Amount Quantity Amount Quantity Amount Pay Estimate #3 Quantity Amount 1 CLEARING TREE 14 650.00$ 9,100.00$ 17 11,050.00$ 17 11,050.00$ -$ 2 GRUBBING TREE 15 315.00$ 4,725.00$ 19 5,985.00$ 19 5,985.00$ -$ 3 REMOVE EXISTING GATE VALVE EA 25 200.00$ 5,000.00$ 22 4,400.00$ 20 4,000.00$ 2 400.00$ 4 REMOVE EXISTING HYDRANT & GATE VALVE EA 4 515.00$ 2,060.00$ 2 1,030.00$ -$ 2 1,030.00$ 5 REMOVE EXISTING STORM SEWER STRUCTURE (ALL DEPTHS & SIZES) EA 60 415.00$ 24,900.00$ 54 22,410.00$ 35 14,525.00$ 19 7,885.00$ 6 REMOVE EXISTING SANITARY MANHOLE EA 4 350.00$ 1,400.00$ 4 1,400.00$ -$ 4 1,400.00$ 7 REMOVE EXISTING CONCRETE PEDESTRIAN RAMP EA 39 170.00$ 6,630.00$ 37 6,290.00$ 21 3,570.00$ 16 2,720.00$ 8 SALVAGE AND REINSTALL MAIL BOX EA 7 185.00$ 1,295.00$ -$ -$ -$ 9 INSTALL MAIL BOX EA 3 185.00$ 555.00$ -$ -$ -$ 10 SAWCUT EXISTING BITUMINOUS PAVEMENT LF 750 4.00$ 3,000.00$ -$ -$ -$ 11 SAWCUT EXISTING CONCRETE PAVEMENT LF 50 8.00$ 400.00$ -$ -$ -$ 12 REMOVE CONCRETE CURB & GUTTER LF 10670 3.60$ 38,412.00$ 10670 38,412.00$ 4500 16,200.00$ 6170 22,212.00$ 13 REMOVE EXISTING STORM SEWER PIPE (ALL DEPTHS & SIZES) LF 1358 8.50$ 11,543.00$ 1358 11,543.00$ 835 7,097.50$ 523 4,445.50$ 14 REMOVE EXISTING SANITARY SEWER PIPE (ALL DEPTHS & SIZES) LF 80 8.50$ 680.00$ 80 680.00$ -$ 80 680.00$ 15 SAND FILL AND ABANDON WATER MAIN LF 800 7.00$ 5,600.00$ 396 2,772.00$ -$ 396 2,772.00$ 16 REMOVE EXISTING WATER MAIN (ALL DEPTHS & SIZES) LF 243 14.00$ 3,402.00$ 243 3,402.00$ -$ 243 3,402.00$ 17 REMOVE CONCRETE SIDEWALK SY 2100 9.00$ 18,900.00$ 1038 9,342.00$ 1029 9,261.00$ 9 81.00$ 18 REMOVE CONCRETE DRIVEWAY SY 469 9.00$ 4,221.00$ 135 1,215.00$ 135 1,215.00$ -$ 19 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 60 11.00$ 660.00$ -$ -$ -$ 20 REMOVE BITUMINOUS PAVEMENT SY 25450 0.80$ 20,360.00$ 25450 20,360.00$ 25450 20,360.00$ -$ 21 REMOVE MAIL BOX SPECIAL EA 2 350.00$ 700.00$ -$ -$ -$ 22 SUBGRADE PREPARATION OF RECLAIMED SURFACE SY 11140 1.10$ 12,254.00$ -$ -$ -$ 23 COMMON EXCAVATION (EV) CY 6330 19.75$ 125,017.50$ 5850 115,537.50$ 1963 38,769.25$ 3887 76,768.25$ 24 COMMON EXCAVATION TRAIL (EV) CY 1040 17.00$ 17,680.00$ 225 3,825.00$ -$ 225 3,825.00$ 25 HAUL EXCESS RECLAIM MATERIAL (LV) CY 1014 9.50$ 9,633.00$ -$ -$ -$ 26 SUBGRADE CORRECTION (EV) CY 1650 6.50$ 10,725.00$ 118 767.00$ 98 637.00$ 20 130.00$ 27 CRUSHED ROCK BORROW MATERIAL (LV) CY 1650 15.60$ 25,740.00$ -$ -$ -$ 28 GRANULAR PIPE BEDDING (LV) CY 50 30.00$ 1,500.00$ -$ -$ -$ 29 SALVAGE AGGREGATE FROM STOCKPILE (MILLINGS) CY 50 25.00$ 1,250.00$ -$ -$ -$ 30 AGGREGATE BASE CLASS 5 (STREET) TON 10511 12.75$ 134,015.25$ 8434 107,533.50$ 2343 29,873.25$ 6091 77,660.25$ 31 AGGREGATE BASE CLASS 5 (TRAIL OR WALK) TON 1281 21.00$ 26,901.00$ 405 8,505.00$ -$ 405 8,505.00$ 32 BIT JOINT SAWING AND SEALING LF 6780 4.20$ 28,476.00$ -$ -$ -$ 33 JOINT ADHESIVE LF 17065 0.80$ 13,652.00$ -$ -$ -$ 34 FULL DEPTH PAVEMENT RECLAMATION - 8-10 INCHES SY 11140 3.25$ 36,205.00$ -$ -$ -$ 35 BITUMINOUS MATERIAL FOR TACK COAT GAL 5264 5.25$ 27,636.00$ -$ -$ -$ 36 BITUMINOUS DRIVEWAY SPWEB240B/SPNW230B SY 60 63.00$ 3,780.00$ -$ -$ -$ 37 BITUMINOUS WEAR COURSE MIX SPWEB340C (STREET) TON 3847 78.50$ 301,989.50$ -$ -$ -$ 38 BITUMINOUS NON WEAR COURSE MIX SPNWB330C (STREET) TON 6370 78.50$ 500,045.00$ 1814 142,399.00$ 1814 142,399.00$ -$ 39 BITUMINOUS WEAR COURSE MIX: SPWEB340B (TRAIL) TON 755 84.00$ 63,420.00$ -$ -$ -$ 40 12" RCP DES 3006 CL III LF 58 127.00$ 7,366.00$ 23 2,921.00$ 23 2,921.00$ -$ 41 15" RCP DES 3006 CL III LF 1911 84.50$ 161,479.50$ 1763 148,973.50$ 1519 128,355.50$ 244 20,618.00$ 42 18" RCP DES 3006 CL III LF 111 101.00$ 11,211.00$ 94 9,494.00$ 94 9,494.00$ -$ 43 21" RCP DES 3006 CL III LF 15 108.00$ 1,620.00$ 15 1,620.00$ -$ 15 1,620.00$ 44 CONNECT TO EXISTING STORM SEWER STRUCTURE EA 1 1,500.00$ 1,500.00$ 1 1,500.00$ 1 1,500.00$ -$ 45 CONNECT TO EXISTING STORM SEWER EA 29 400.00$ 11,600.00$ 25 10,000.00$ 13 5,200.00$ 12 4,800.00$ 46 CONST DRAINAGE STRUCTURE 24" X 36" EA 40 3,350.00$ 134,000.00$ 36 120,600.00$ 24 80,400.00$ 12 40,200.00$ COMPLETED Total To Date Previous Payments This Pay Period Request For Payment Date: 7/31/2023 Project: 2023 Neighborhood Infrastructure Improvements Contractor: BCM Construction Inc. Request Number: 3 Payment Period: 7/1/2023 - 7/31/2023 ITEM NO. DESCRIPTION UNIT ORIGINAL BID Hastings Project 2023-1 2023 Neighborhood Infrastructure Improvements Page 1 of 4 VIII-08 Quantity Unit Price Amount Quantity Amount Quantity Amount Pay Estimate #3 Quantity Amount 47 CONST DRAINAGE STRUCTURE 4020 48" DIA EA 20 4,150.00$ 83,000.00$ 17 70,550.00$ 12 49,800.00$ 5 20,750.00$ 48 REPLACE EXISTING STORM SEWER CASTING SPECIAL EA 8 1,350.00$ 10,800.00$ -$ -$ -$ 49 ADJUST FRAME RING AND CASTING (SPECIAL) EA 21 700.00$ 14,700.00$ -$ -$ -$ 50 HYDRODYNAMIC SEPARATOR EA 3 18,200.00$ 54,600.00$ 1 18,200.00$ -$ 1 18,200.00$ 51 GEOTEXTILE FILTER MATERIAL TYPE IV SY 50 5.00$ 250.00$ -$ -$ -$ 52 4" CONCRETE SIDEWALK SF 2750 7.30$ 20,075.00$ 1413 10,314.90$ -$ 1413 10,314.90$ 53 6" CONCRETE SIDEWALK SF 390 9.40$ 3,666.00$ 335 3,149.00$ 335 3,149.00$ -$ 54 B618 CONCRETE CURB & GUTTER LF 10920 19.60$ 214,032.00$ 7699 150,900.40$ 3672 71,971.20$ 4027 78,929.20$ 55 CONCRETE VALLEY GUTTER LF 400 37.00$ 14,800.00$ -$ -$ -$ 56 REMOVE & REPLACE EXISTING CURB & GUTTER (ALL TYPES & SIZES) LF 1485 31.25$ 46,406.25$ 398 12,437.50$ 398 12,437.50$ -$ 57 6" CONCRETE DRIVEWAY PAVEMENT SY 530 67.00$ 35,510.00$ 135 9,045.00$ 135 9,045.00$ -$ 58 CONCRETE PEDESTRIAN RAMP EA 44 2,150.00$ 94,600.00$ 13 27,950.00$ -$ 13 27,950.00$ 59 TRAFFIC CONTROL LS 1 12,600.00$ 12,600.00$ 0.5 6,300.00$ 0.5 6,300.00$ -$ 60 ROCK CONSTRUCTION EXIT EA 7 700.00$ 4,900.00$ -$ -$ -$ 61 STORM DRAIN INLET PROTECTION EA 65 125.00$ 8,125.00$ 65 8,125.00$ 22 2,750.00$ 43 5,375.00$ 62 SILT FENCE, TYPE MS LF 250 5.00$ 1,250.00$ -$ -$ -$ 63 FLOTATION SILT CURTAIN, TYPE MOVING WATER LF 50 25.00$ 1,250.00$ -$ -$ -$ 64 EROSION & SEDIMENT CONTROL LS 1 4,500.00$ 4,500.00$ 1 4,500.00$ 1 4,500.00$ -$ 65 LOAM TOPSOIL BORROW (LV) CY 1550 25.00$ 38,750.00$ -$ -$ -$ 66 EROSION CONTROL BLANKETS CATEGORY 4 SY 50 4.20$ 210.00$ -$ -$ -$ 67 SEEDING, BLOWN COMPOST SY 12025 5.50$ 66,137.50$ -$ -$ -$ 68 PAVEMENT MESSAGE PAINT (RIGHT OR LEFT ARROW) EA 4 84.00$ 336.00$ -$ -$ -$ 69 4" SOLID LINE PAINT LF 10850 0.20$ 2,170.00$ -$ -$ -$ 70 12" SOLID LINE PAINT LF 80 12.00$ 960.00$ -$ -$ -$ 71 4" BROKEN LINE PAINT LF 1040 0.20$ 208.00$ -$ -$ -$ 72 CROSSWALK PAINT SF 108 9.50$ 1,026.00$ -$ -$ -$ 73 TEMPORARY BYPASS PUMPING LS 1 2,500.00$ 2,500.00$ 1 2,500.00$ -$ 1 2,500.00$ 74 CONNECT TO EXISTING SANITARY SEWER STRUCTURE EA 1 1,300.00$ 1,300.00$ -$ -$ -$ 75 CONNECT TO EXISTING SANITARY SEWER EA 1 980.00$ 980.00$ 1 980.00$ -$ 1 980.00$ 76 CONNECT TO EXISTING SANITARY SEWER SERVICE EA 10 500.00$ 5,000.00$ -$ -$ -$ 77 4" ON 8" PVC WYE EA 10 340.00$ 3,400.00$ 10 3,400.00$ -$ 10 3,400.00$ 78 4" PVC SDR 26 (FOR SERVICES) LF 330 48.00$ 15,840.00$ 15 720.00$ -$ 15 720.00$ 79 8" PVC SDR 35 LF 658 59.00$ 38,822.00$ 638 37,642.00$ -$ 638 37,642.00$ 80 10" PVC SDR 35 LF 306 72.00$ 22,032.00$ 306 22,032.00$ -$ 306 22,032.00$ 81 8" DIP SANITARY SEWER (ALL DEPTHS) LF 20 180.00$ 3,600.00$ 20 3,600.00$ -$ 20 3,600.00$ 82 CONSTRUCT 8" OUTSIDE DROP LF 4 1,200.00$ 4,800.00$ 4 4,800.00$ -$ 4 4,800.00$ 83 TELEVISE SANITARY SEWER LF 964 4.00$ 3,856.00$ -$ -$ -$ 84 REPLACE EXISTING SANITARY SEWER CASTING EA 4 1,100.00$ 4,400.00$ -$ -$ -$ 85 48" DIA. SSMH EA 5 6,000.00$ 30,000.00$ 5 30,000.00$ -$ 5 30,000.00$ 86 EXTRA DEPTH MH 10'+ LF 3 420.00$ 1,260.00$ 3 1,260.00$ -$ 3 1,260.00$ 87 CONNECT TO EXISTING WATERMAIN EA 18 900.00$ 16,200.00$ 18 16,200.00$ 17 15,300.00$ 1 900.00$ 88 CONNECT TO EXISTING WATER SERVICE EA 11 300.00$ 3,300.00$ -$ -$ -$ 89 1" CORP STOP EA 10 550.00$ 5,500.00$ -$ -$ -$ 90 2" CORP STOP EA 1 880.00$ 880.00$ -$ -$ -$ 91 1" CURB STOP AND BOX EA 10 600.00$ 6,000.00$ -$ -$ -$ 92 2" CURB STOP AND BOX EA 1 1,060.00$ 1,060.00$ -$ -$ -$ 93 HYDRANT 7.5' BURY W/GATE VALVE EA 5 8,400.00$ 42,000.00$ 3 25,200.00$ 2 16,800.00$ 1 8,400.00$ 94 REPLACE EXISTING GATE VALVE BOX EA 7 750.00$ 5,250.00$ 6 4,500.00$ 6 4,500.00$ -$ 95 CURB STOP COVER CASTING EA 3 360.00$ 1,080.00$ -$ -$ -$ 96 ADJUST GATE VALVE SPECIAL - BOLT REPLACEMENT EA 7 1,650.00$ 11,550.00$ 6 9,900.00$ 6 9,900.00$ -$ 97 ADJUST EXISTING GATE VALVE BOX EA 24 160.00$ 3,840.00$ -$ -$ -$ 98 6" GATE VALVE & BOX EA 15 2,225.00$ 33,375.00$ 14 31,150.00$ 13 28,925.00$ 1 2,225.00$ 99 8" GATE VALVE & BOX EA 7 3,050.00$ 21,350.00$ 8 24,400.00$ 8 24,400.00$ -$ 100 12" GATE VALVE & BOX EA 2 5,350.00$ 10,700.00$ 2 10,700.00$ 2 10,700.00$ -$ 101 CURB STOP BOX REPAIR/EXTENSION EA 1 650.00$ 650.00$ -$ -$ -$ 102 CONSTRUCT TEMPORARY WATERMAIN & SERVICES LF 1850 6.75$ 12,487.50$ 3141 21,201.75$ 3141 21,201.75$ -$ ITEM NO. DESCRIPTION UNIT ORIGINAL BID COMPLETED Total To Date Previous Payments This Pay Period Hastings Project 2023-1 2023 Neighborhood Infrastructure Improvements Page 2 of 4 VIII-08 Quantity Unit Price Amount Quantity Amount Quantity Amount Pay Estimate #3 Quantity Amount 103 CURB STOP EXTRA DEPTH LF 1 415.00$ 415.00$ -$ -$ -$ 104 1" TYPE K COPPER W/FITTINGS LF 300 54.00$ 16,200.00$ -$ -$ -$ 105 2" HDPE (CTS) WATER SERVICE LF 38 75.00$ 2,850.00$ -$ -$ -$ 106 6" C-900 PVC W/FITTINGS LF 1460 56.00$ 81,760.00$ 841 47,096.00$ 523 29,288.00$ 318 17,808.00$ 107 6" DIP W/FITTINGS LF 70 120.00$ 8,400.00$ 130 15,600.00$ 130 15,600.00$ -$ 108 8" C-900 PVC W/FITTINGS LF 2940 65.00$ 191,100.00$ 2940 191,100.00$ 2940 191,100.00$ -$ 109 12" C-900 PVC W/FITTINGS LF 92 180.00$ 16,560.00$ 83 14,940.00$ 83 14,940.00$ -$ 110 2" INSULATION 4'X8' SHEET SY 15 38.00$ 570.00$ -$ -$ -$ 111 REMOVE ORNAMENTAL METAL RAILING LF 116 37.00$ 4,292.00$ -$ -$ -$ 112 REMOVE CONCRETE APPROACH PANELS SF 180 48.00$ 8,640.00$ -$ -$ -$ 113 REMOVE CONCRETE SIDEWALK SF 220 8.00$ 1,760.00$ -$ -$ -$ 114 SIDEWALK CONCRETE (3S52) SF 878 59.00$ 51,802.00$ -$ -$ -$ 115 REINFORCEMENT BARS (EPOXY COATED) LB 3315 3.15$ 10,442.25$ -$ -$ -$ 116 BRIDGE APPROACH PANELS SY 45 800.00$ 36,000.00$ -$ -$ -$ 117 REMOVE CONCRETE BRIDGE DECK SF 6 210.00$ 1,260.00$ -$ -$ -$ 118 REMOVE CONCRETE BRIDGE SIDEWALK LF 115 28.00$ 3,220.00$ -$ -$ -$ 119 ANCHORAGES TYPE REINF BARS EA 254 48.00$ 12,192.00$ -$ -$ -$ 120 RECONSTRUCT EXPANSION JOINT TYPE B LF 7 1,575.00$ 11,025.00$ -$ -$ -$ 121 CONCRETE SURFACE REPAIR, TYPE 2 SF 6 210.00$ 1,260.00$ -$ -$ -$ 122 WIRE FENCE, DESIGN S-1 (VINYL COATED) LF 111 260.00$ 28,860.00$ -$ -$ -$ 3,368,721.25$ ORIGINAL BID PROJECTS: This Period Total to Date 2023-1 Neighborhood Infrastructure Improvements $578,940.10 $1,654,360.05 SUBTOTALS: $1,654,360.05 $1,075,419.95 $578,940.10 TOTAL TO DATE PREVIOUS PAYMENTS CURRENT PERIOD ITEM NO. DESCRIPTION UNIT ORIGINAL BID COMPLETED Total To Date Previous Payments This Pay Period Hastings Project 2023-1 2023 Neighborhood Infrastructure Improvements Page 3 of 4 VIII-08 Pay Estimate Number Period Retainage Payment 1 5/1/2023 - 5/31/2023 $412,385.00 2 6/1/2023 - 6/30/2023 $663,034.953 (Current) 7/1/2023 - 7/31/2023 $578,940.10 TOTALS TO DATE: $1,654,360.05 $1,654,360.05 $1,075,419.95 $578,940.10 Application for Payment Number: 3 BCM Construction Inc. _________________________________________________________ __________________ Contractor Date _________________________________________________________ __________________ Engineer Date ___________________________________________________________________________ Approved by Owner Date Total Amount Due: Contractor: CITY OF HASTINGS2023 Neighborhood Infrastructure ImprovementsPayment Summary Total Completed to Date: Less Retainage: Less Previous Payment: Hastings Project 2023-1 2023 Neighborhood Infrastructure Improvements Page 4 of 4 8/14/23 8/14/23 Aaron Miller Digitally signed by Aaron MillerDN: C=US, E=amiller@bcmgrading.com, CN=Aaron MillerDate: 2023.08.14 10:16:19-05'00' VIII-08 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: August 21, 2023 Item: 2024-2026 Local 49ers Union Contract Council Action Requested: Approve the 2024-2026 union contract for Local 49ers. Background Information: It is recommended that the Council approve the 2024-2026 collective bargaining agreement for the Local 49er’s union. The contract term is for January 1, 2024 – December 31, 2026. Proposed changes include: • 4.0% cost of living adjustment on January 1, 2024, and 3.5% on January 1, 2025 and January 1, 2026. • Increase Stand-by pay by $5.00. • Note that employer will cover costs of required training. • Adjust maximum vacation accrual amount. • Incorporate wage study and city policy update MOU language into contract. • Renewal of Memorandum of Understanding for Commercial Driver’s License. • Renewal of Memorandum of Understanding for Alternative Work Week. All other provisions of the contract will remain unchanged. Financial Impact: Wage adjustments and stand-by pay are included in the 2024 budget. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: International Union of Operating Engineers Local No. 49 Collective Bargaining Agreement VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 VIII-09 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Kelly Murtaugh, Assistant City Administrator Date: Item: Council Action Requested: Authorize signature on three-year agreement with Monsido. Background Information: The City has been utilizing a tool for monitoring and managing the useability of the website. The tool has some limitations and staff have been looking at other options. The agreement to use the Monsido tool expands staff capabilities of managing and monitoring web activity, ensuring compliance, effectiveness, and useability. It is user-friendly for staff and supports timely updates to information without coding knowledge. It also expands the tools available to ensure the website provides current content to external users. Financial Impact: Year 1 (2023) $0; Year 2 $3393; Year 3 $4524 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: Agreement VIII-10 August 21, 2023 Authorize Signature: Monsido Agreement Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! Sales Order Form Current Date: Jan 13, 2023 Expiration Date: August 31, 2023 Prepared by: Jake Andrade, jake.andrade@optimere.com Customer Primary Contact City of Hastings, MN 101 4th Street East Hastings, MN, 55033 Dave Hokstad dhokstad@hastingsmn.gov Term Start Date Invoicing Date Renewal Date Invoicing Contact September 1, 2023 September 1, 2024 (Net 30) September 1, 2026 Dave Hokstad dhokstad@hastingsmn.gov YEAR 1 OF 3 (CONCEDED) PRICE (USD) Monsido Platform - Standard New Web Scanning: 2,500 Pages Accessibility PDF Scanning: 250 PDF Credits Heat Maps: 25 Users: Unlimited Features: Quality Assurance, Accessibility, Mobile Accessibility, PDF Accessibility Site Inventory, Heartbeat, Policy, SEO, Statistics, Heat Maps, Compliance ShieldTM (PageAssistTM & PageCorrectTM), Training & Support $4,524.00 Monsido Platform - Service Credit Credit of $377 applied for 12 months of service. (Optional: Credit applied pending receipt of executed order form by 8/31/2023. -$4,524.00 Total (USD) $0.00 YEAR 2 OF 3 (12 MONTHS FOR 9 MONTHS) PRICE (USD) Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 1 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! Monsido Platform - Standard New Web Scanning: 2,500 Pages Accessibility PDF Scanning: 250 PDF Credits Heat Maps: 25 Users: Unlimited Features: Quality Assurance, Accessibility, Mobile Accessibility, PDF Accessibility Site Inventory, Heartbeat, Policy, SEO, Statistics, Heat Maps, Compliance ShieldTM (PageAssistTM & PageCorrectTM), Training & Support $4,524.00 Monsido Platform - Service Credit Credit of $377 applied for 3 months of service. (Optional: Credit applied pending receipt of executed order form by 1/25/2023. -$1,131.00 Total (USD) $3,393.00 YEAR 3 OF 3 PRICE (USD) Monsido Platform - Standard New Web Scanning: 2,500 Pages Accessibility PDF Scanning: 250 PDF Credits Heat Maps: 25 Users: Unlimited Features: Quality Assurance, Accessibility, Mobile Accessibility, PDF Accessibility Site Inventory, Heartbeat, Policy, SEO, Statistics, Heat Maps, Compliance ShieldTM (PageAssistTM & PageCorrectTM), Training & Support $4,524.00 Total (USD) $4,524.00 This SOFTWARE AS A SERVICE AGREEMENT (“the Agreement”) is entered into and shall become effective on the earlier of either the date of signature or date of issuance of a purchase order referencing this Order Form and the terms and conditions herein (the “Effective Date”). This Agreement is entered into between Monsido, Inc., a Florida corporation with a principal place of business located at 5880 Oberlin Dr. 6th Fl, San Diego, CA 92121, (“Service Provider”), and the Customer listed above (“Customer”). This Agreement includes and incorporates the above Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 2 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! Order Form, as well as the attached Terms of Service and Data Protection and Privacy Policy Statement and contains, among other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof. CITY OF HASTINGS, MN By: Name, Title: Date: 2023-08-03 Kelly Murtaugh, acahr Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 3 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! TERMS OF SERVICE BY EXECUTING AN ORDER FORM AND OTHERWISE USING THE MONSIDO SERVICES, YOU HEREBY AGREE TO BE BOUND TO THE FOLLOWING TERMS OF SERVICE. SECTION I: DEFINITIONS As used herein, the following terms shall have the following definitions: a) References to “Customer” mean a registered User of the Services. b) References to “Customer Website” mean those publicly-available pages of Customer’s Website. c) References to “Dispute” mean any claim, conflict, controversy, disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms. d) References to “Effective Date” mean the date the Services are to start as set forth on the Order Form. e) References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching Party would wish to immediately terminate these Terms because of that breach. f) References to an “Order Form” mean an Order Form signed by a Customer. g) References to the “Services” mean any and all services offered by Service Provider, including but not limited to those Web governance and Web page crawling services provided to Service Provider’s Customers and any add-on services as set forth on the Order Form. h) References to the “Terms” and/or “Agreement,” mean this, these Terms of Service as set forth herein. i) References to “Service Provider” and/or “Monsido,” mean Monsido, LLC., and its subsidiaries, parents and affiliates. j) References to the “Web site” mean the Web sites bearing the URL http://www.monsido.com and app.monsido.com as well as any other Web site owned and/or operated by Service Provider related to the Services. SECTION II: GENERAL PROVISIONS 2.1. About the Services. Service Provider provides an online tool suite and optional add-on services to scan the Customer's Web site once every seven (7) days, or more frequently, if requested and included in Customer’s plan as set forth on the Order Form. Each scan shall produce a status report via email, which is thereafter accessible via the online dashboard available via the Web site. Via this same dashboard, Customer can also grant access to an unlimited number of permitted users within its own organization (each an “Authorized User,”) to find and solve issues and make improvements related to Quality Assurance (“QA,”) Search Engine Optimization (“SEO”) and Web Governance. A current list of the Services provided via the tool suite can be found online at http://monsido.com/features/ and is subject to change from time-to-time, without notice, and pursuant to Service Provider's sole and exclusive discretion. Notwithstanding the foregoing, in the event that such features are downgraded, Customer shall have the option to terminate this Agreement without penalty. In addition to the tool suite, Customer may purchase additional add-on tools, including but not limited to the PageAssist software widget and the PageCorrect feature. 2.2. Reliance on the Services; Assumption of the Risk. Customer acknowledges that the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Customer acknowledges further that any reliance on the Services is at Customer’s own risk. Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 4 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! 2.3.Restrictions and Responsibilities. In addition to the other restrictions on use set forth herein, Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Service Provider or authorized within the Services); or use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. Further, Customer may not remove or export from the United States or any other authorized territory or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, the EU embargoed countries list set forth by the E.U. Common Foreign and Security Policy, or any other United States or European Union or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Service Provider’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent. 2.4. Restriction on Pages and Information Scanned. The Services are intended to be used to scan only Customer's public-facing web pages. For the avoidance of doubt, in no event shall Customer utilize the Services to scan private areas of Customer's Web sites, such as those areas that are password protected or contain private information about Customer and/or its users, employees, contractors, officers, directors, and/or other agents. In the event Customer so utilizes the Services in such a manner, Customer agrees and acknowledges that Monsido shall not be held liable for any damages arising from or related to the same, including but not limited to damages that may arise related to the failure to comply with data protection rules and regulations. Customer shall utilize the Software to scan only those URLs and domains belonging to Customer and/or for which Customer has a license to operate and manage the same. In no event shall the Software be used to scan URLs and domains outside of Customer's control or otherwise in bad faith. 2.5.System Updates. The Services will include all updates and new versions of the Software for no additional price increases through the duration of the Term. In the event Service Provider releases new services, products or modules, which were not a part of Customer’s original service plan, Customer may elect to add such services, products or modules to its plan upon the payment of additional fees. 2.6.Technical Support. Service Provider will provide Technical Support to Customer via both telephone and electronic mail on weekdays during the hours of 7:00 am through 5:00 pm U.S. Pacific time, with the exclusion of U.S. Federal Holidays (“Support Hours.”) Customer may initiate a helpdesk ticket during Support Hours by calling +1 858-281-2185 (United States Customer,) +44 20 3808 5496 (European Customer,) or +45 89 88 19 15 (Scandinavian Customer,) via email at info@monsido.com or via chat support available online at https://monsido.com/services/help-center. Customer may also send us a message at any time via our support ticket system on Customer’s Account dashboards or via the form available at http://monsido.com/contact/. Service Provider will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day. We further provide technical support and product training as well as help center support. For more information see http://monsido.com/services/product-training/ and http://monsido.com/services/help-center/, respectively. SECTION III: ACCOUNTS, USE OF THE SERVICES 3.1.Online Accounts. Customer shall be given the opportunity to register via an online registration form to create an account, (hereinafter Customer’s “Account,”) that will allow Customer and Customer’s Authorized Users to receive information from Service Provider and/or to participate in certain features of the Services. Service Provider will use the information Customer provides in accordance with Service Provider’s Data Protection and Privacy Policy Statement, attached hereto. Customer represents and warrants that all information Customer provides on the registration form is current, complete and accurate to the best of Customer’s knowledge. Customer agrees to maintain and promptly update Customer’s registration information so that it remains current, complete and accurate. During the registration process, Customer may be required to choose a password. Customer acknowledges and agrees that Service Provider may rely on this password to identify Customer. Customer is responsible for all use of Customer’s Account as well as any action taken thereunder by an Authorized User, regardless of whether Customer authorized such access or use, and for ensuring that all use of Customer’s Account complies fully with the provisions of these Terms of Service. Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 5 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! 3.2.Multiple Accounts, Transfer Prohibited. Customer shall not have more than one (1) Account and shall not sell, trade or transfer that Account to any other person or entity. 3.3.Right to Monitor. Service Provider shall have the right to monitor Customer’s Account in Service Provider’s sole and exclusive discretion. 3.4. Customer Responsibilities. Customer shall ensure that any of Customer's Web sites are compatible with the Service Provider’s tools. If Customer is using an AJAX application, the AJAX application must be designed to allow a crawler to access its content. Customer must use a current version of a major internet browser (e.g. Firefox, Chrome, Safari, Internet Explorer, Edge or some similar, well-known browser.) Regardless of the Web browser or coding language used, Customer shall ensure that the Service Provider’s crawler is not blocked by any of the Customer’s technology. 3.5. Data Confidentiality. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Service Provider includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Service Provider to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance or development of the Services or as otherwise permitted herein or in the Service Provider’s Data Protection and Privacy Policy Statement, attached hereto) or divulge to any third person any such Proprietary Information, unless required by law. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law. Customer shall own all right, title and interest in and to the Customer Data. Service Provider shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with the Services, Customer feedback or technical support, except for any pre-existing intellectual property rights owned by Customer and (c) all intellectual property rights related to any of the foregoing. Nothing in this provision shall be read to require Customer to provide any feedback. Notwithstanding anything to the contrary, Service Provider shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Service Provider will be free (during and after the term hereof) to use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Service Provider offerings. No rights or licenses are granted except as expressly set forth herein. 3.6. Service Levels. The Services shall be available Ninety-Nine Percent (99.0%) of the time, measured monthly, excluding holidays and weekends and scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Service Provider’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and Service Provider's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Service Provider will credit Customer Five Percent (5%) of the service fees for each period of sixty (60) or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to Service Provider) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, Customer must notify Service Provider in writing within three (3) business days from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of service fees in any one (1) calendar month in any event. Service Provider will only apply a credit to the month in which the incident occurred. Service Provider’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Service Provider to provide adequate service levels under this Agreement. SECTION IV: FEES; TERMS OF PAYMENT; REFUNDS 4.1.Service Fee. Subject to the terms of the Order Form together with any trial offer set forth thereon, Customer must pay the service fee and any additional add-on service fee each year during the Term in advance. Payment of the first (1st) service fee shall be due and owing as set forth in Section 4.3 of this Agreement. Service Provider reserves the right to change the service fee, or any other applicable fees and charges and to institute new charges and service fees at the end of the Initial Term or then current renewal term, upon thirty (30) calendar days’ prior notice to Customer (which may be sent by email). Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 6 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! 4.2.Invoicing. All service fees as set forth herein shall be pre-paid, in full, on a monthly, annual or per-Term basis, (the “Billing Cycle,”) as set forth on the Order Form, on the first (1st) day of the Billing Cycle, where the first (1st) day of the first (1st) Billing Cycle shall be the Effective Date set forth in the Software as a Service Agreement entered into by and between the parties. Payment shall be due and owing, in full, within thirty (30) calendar days of the Billing Date. 4.3.Form of Payment. Payment shall be made by Automated Clearing House (“ACH”) or wire transfer, check, or recurring credit/debit card payment. A W9 form is available upon request. 4.4.Taxes. Customer is not responsible to collect or withhold any such taxes, including income tax withholding and social security contributions, for Service Provider as a result of Customer’s payment of any and all fees. Any and all taxes, interest, or penalties, including any federal, state, or local withholding or employment taxes, imposed, assessed, or levied as a result of these Terms shall be paid or withheld by Service Provider. To the extent such taxes apply to Customer, Customer is responsible for any applicable taxes, including, without limitation, any sales, use, levies, duties, or any value added or similar taxes payable with respect to Customer's subscription and assessable by any local, state, provincial, federal, or foreign jurisdiction. Unless expressly specified otherwise in the Order Form, all fees, rates, and estimates exclude sales taxes and/or any indirect taxes including, but not limited to, VAT/GST/JCT. If Monsido believes any such tax applies to Customer's subscription and Monsido has a duty to collect and remit such tax, the same may be set forth on an invoice to Customer unless Customer provides Monsido with a valid tax exemption certificate, direct pay permit, or multi-state use certificate, and shall be paid by Customer immediately or as provided in such invoice. Customer shall indemnify, defend, and hold harmless Monsido and its officers, directors, employees, shareholders, agents, partners, successors, and permitted assigns against any and all actual or threatened claims, actions, or proceedings of any taxing authority arising from or related to the failure to pay taxes owed by Customer, except to the extent that any such claims, action, or proceeding is directly caused by a failure of Monsido to remit amounts collected for such purpose from Customer. Monsido is solely responsible for taxes based upon Monsido's net income, assets, payroll, property, and employees. 4.5. Suspension of Services. In the event a balance remains unpaid by Customer thirty-one (31) calendar days following the first (1st) day of the Billing Cycle for the Fees set forth above, Customer agrees and acknowledges that the Services shall be automatically suspended, without notice, until such payments are made, in arrears. Where permitted by law, unpaid amounts are subject to a finance charge of One-and-a-Half Percent (1.5%) per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. 4.6. Refunds. Due to the electronic nature of the Services, in no event other than material breach of these Terms by Service Provider shall a refund be granted, in whole or in part, for any reason or no reason whatsoever, including but not limited to Customer’s cancellation of the Services prior the end of the Term, Customer’s failure to utilize the Services, or Service Provider’s failure to meet any Service Level as set forth herein unless such failure is intentional or malicious. SECTION V: TERM AND TERMINATION 5.1. Term and Termination; Renewals. These Terms are legally binding as of the Effective Date and shall continue for a term as set forth in the Order Form or until otherwise terminated as provided for herein, (the “Initial Term.”) Following the Initial Term and unless otherwise terminated as provided for herein the Term may be renewed for successive terms, (each, a “Renewal Term,”) with the Service Fees due under this Renewal Term shall be (i) the Service Provider’s then-current Service Fees for the Services; or (ii) the Service Fee of the previous Term or Renewal Term plus three percent (3%); provided, however, that: (a) such notice be given no fewer than thirty (30) calendar days prior to the last day of the then-current term; and, (b) any such termination shall be effective as of the date that would have been the first day of the next Renewal Term. Without limiting the right of a party to terminate these Terms, a party may terminate this Agreement for convenience upon prior written notice to the other party with no fewer than thirty (30) calendar days prior written notice. Further, without limiting the right of a party to immediately terminate these Terms for cause as provided for in this Agreement, if either party materially breaches any of its duties or obligations hereunder and such breach is not cured, or the breaching party is not diligently pursuing a cure to the non breaching party’s sole satisfaction, within thirty (30) calendar days after written notice of the breach, the non breaching party may terminate these Terms for cause as of a date specified in such notice. The Initial Term may be modified by agreement of the parties via the Order Form in which case the Term set forth on the Order Form shall control. 5.2. Payments upon Termination. In the event that Customer terminates use of the Services, except for in instances of Service Provider’s material breach of these Terms, prior to the end of the Term, the remainder of the service fees and other fees shall immediately become due and owing and shall be paid in full no later than thirty (30) calendar days days following Customer’s notice of termination. In no event shall any fees paid be refunded, in whole or in part, for any reason or no reason whatsoever, where Customer terminates use of the Services Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 7 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! prior the end of the Term, Customer failures to utilize the Services, or Service Provider fails to meet any Service Level as set forth herein unless such failure is intentionally or malicious. Notwithstanding the foregoing, in the event of termination by Service Provider without cause, Service Provider shall refund to Customer any pre-paid fees, pro-rata, from the date of termination. SECTION VI: DISCLAIMERS; LIMITATIONS OF LIABILITY 6.1. DISCLAIMER OF WARRANTY. Service Provider shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Service Provider or by third-party providers, or because of other causes beyond Service Provider’s reasonable control, but Service Provider shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT PROVIDED THE SAME IS NOT MALICIOUS OR WILLFUL. 6.2. LIMITATION OF LIABILITY. SUBJECT TO THE LAST SENTENCE OF SECTION 6.1 ABOVE, (A) CUSTOMER AGREES THAT USE OF THE SERVICES (INCLUDING ANY RELATED SOFTWARE PRODUCT PROVIDED BY SERVICE PROVIDER PURSUANT TO THESE TERMS OF SERVICE) IS AT CUSTOMER SOLE RISK. NEITHER SERVICE PROVIDER NOR SERVICE PROVIDER’S AFFILIATES NOR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE USE OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE; NOR DOES SERVICE PROVIDER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED. (B) SUBJECT TO THE LAST SENTENCE OF SECTION 6.1, ANY DOWNLOADABLE SOFTWARE, PRODUCTS OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, PROVIDED THE SAME IS NOT MALICIOUS OR WILLFUL, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. (C) ALTHOUGH ALL INFORMATION AND MATERIALS PROVIDED VIA THE SERVICES ARE BELIEVED TO BE RELIABLE, SERVICE PROVIDER MAKES NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE SERVICES. (D) EXCEPT WHERE THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 6.2 ARE PROHIBITED BY LAW, IN NO EVENT SHALL SERVICE PROVIDER, SERVICE PROVIDER’S EMPLOYEES, SUBSIDIARIES, PARENTS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, VENDORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OR MEMBERS, BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT (EXCEPT FOR INSTANCES OF SERVICE PROVIDER'S SOLE NEGLIGENCE), INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES. (E) SERVICE PROVIDER DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF CUSTOMER’S CUSTOMER DATA INFORMATION EXCEPT FOR INSTANCES OF SERVICE PROVIDER'S SOLE NEGLIGENCE AS TO NON-CONFORMITY WITH INDUSTRY DATA PROTECTION STANDARDS. BY UTILIZING THE SERVICES CUSTOMER ACKNOWLEDGES AND AGREES TO SERVICE PROVIDER’S DISCLAIMER OF ANY SUCH LIABILITY. (F) EXCEPT WHERE THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 6.2 ARE PROHIBITED BY LAW, SERVICE PROVIDER’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SERVICE PROVIDER’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO CUSTOMER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THREE TIMES THE AMOUNT OF FEES CUSTOMER PAYS TO SERVICE PROVIDER IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE THOUSAND U.S. DOLLARS AND NO/CENTS ($1,000.00,) WHICHEVER IS GREATER. (G) FOR THE AVOIDANCE OF DOUBT, THE FORGOING LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SHALL APPLY TO ANY AND ALL ADDITIONAL SOFTWARE PRODUCTS, TOOLS, OR WIDGETS ("OPTIONAL SOFTWARE PRODUCTS.") BY PURCHASING THE SAME, CUSTOMER AGREES AND ACKNOWLEDGES THAT THE MISUSE OF SUCH OPTIONAL SOFTWARE PRODUCTS MAY POSE SIGNIFICANT RISK TO CUSTOMER AND CUSTOMER’S END-USERS, AND CUSTOMER HEREBY ACCEPTS FULL LIABILITY FOR THE SAME, SUBJECT TO THIS SECTION 6.2. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN CUSTOMERS. The above limitations shall survive these Terms and inure to the benefit of Service Provider and Service Provider’s employees, subsidiaries, parents, agents, partners, third- party content providers, vendors and their respective directors, officers, and members. Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 8 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! SECTION VII: GOVERNING LAW; ARBITRATION 7.1.Governing Law. For governmental agencies: These Terms shall be governed and construed in accordance with the laws of your jurisdiction. For non-governmental customers: These Terms shall be governed and construed in accordance with the laws of the state of Florida without regard to its conflicts of law provisions. Customer agrees to submit to the personal jurisdiction of the courts located in Broward County, Florida, and any cause of action that relates to or arises from these Terms and/or the Services must be filed therein unless subject to the binding arbitration provisions of Section 7.2, infra. 7.2. Arbitration. Applicable only to non-governmental customers: The Parties agree that any dispute concerning, relating, or referring to these Terms and/or the Services shall be resolved exclusively by binding arbitration in accordance with the substantive laws of the state of Florida and shall be brought for arbitration in Broward County, Florida, pursuant to the rules of the American Arbitration Association. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either Party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction. SECTION VIII: INTELLECTUAL PROPERTY 8.1. Ownership. All proprietary software, third party licensed software, software libraries, services, methodologies, techniques, algorithms, tools, materials, products, ideas, designs, and know-how used by Service Provider in providing the Services (including all reports and their copies, enhancements, modifications, revisions, and derivative works of any of the foregoing) and deliverables (whether oral or written) are, and shall remain, the sole and exclusive property of Service Provider. Nothing herein shall cause or imply any sale, license, or other transfer of proprietary rights of or in any third party software or products from Service Provider to Customer. 8.2. Grant of License by Customer. Service Provider reserves the right to reference Customer on public customer lists and to use Customer’s name and logo on the Service Provider’s Web site for marketing purposes. Additionally, Service Provider may request the use of Customer’s name and/or logo in press releases, advertising material and other promotional material. Any such intent for use of Customer marks will be presented to the Customer in advance. 8.3. Grant of License by Service Provider. In consideration of the payment of the service fee, subject to the terms and conditions hereof and for the duration of the Term, Service Provider grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable right and license to access and use the software and Services. 8.4.Restriction on Grant of License. Section 8.3, supra, shall only apply to the extent that Customer is using the Services for legitimate business use as intended by the purpose of the Services and not for the purpose of comparing the Services to a competitor or similar product of Monsido. Customer hereby warrants and affirms its purpose in accessing or otherwise using the Services is for their intended purpose only, and understands and agrees that any other use shall be considered fraud. Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 9 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! SECTION IX: THIRD-PARTY ADVERTISEMENTS, PROMOTIONS, AND LINKS 9.1. Use of Third-Party Tools, Services, and Products. We may provide you with access or refer you to Third-Party tools, services, and products over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to or refer you to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional Third-Party tools, services or products. Any use by you of optional tools, products, or services offered through the Services or otherwise referred to you by us is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools, services, and products are provided by the relevant Third-Party provider(s). SECTION X: MISCELLANEOUS 10.1.Authority. Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms. 10.2. Waiver. Any waiver of a right under these Terms of Service shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law. 10.3. Force Majeure. Service Provider shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond our control, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, pandemics, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). Service Provider shall use all reasonable efforts to notify Customer of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay. 10.4. Assignment. Service Provider shall have the right to assign and/or transfer these Terms of Service and Service Provider's rights and obligations hereunder to any wholly-owned subsidiary, parent company, or affiliate after notifying Customer as provided for herein. Notwithstanding the forgoing, Services Provider shall not assign and/or transfer these Terms of Service and Service Provider's rights and obligations hereunder to any other third party except for as referenced above without providing thirty (30) calendar days' written notice to Customer who shall have the option to terminate the Agreement at its option. In the event Customer divests all or any part of its businesses to a third party (whether direct or indirect or by sale, merger, consolidation, or otherwise) or reorganizes its businesses, Customer may assign or duplicate its rights and obligations under this Agreement so as to retain the benefits of this Agreement for both Customer and such third party. No terms added to any purchase order issued by the Customer shall have any force or effect unless expressly consented to, in signed writing, by an authorized representative of Service Provider. In the event Service Provider does so expressly consent to such PO terms, this Agreement shall control. 10.5. Rights of Third Parties. These Terms do not give any right to any Third Party unless explicitly stated herein. Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 10 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! 10.6. Relationship of the Parties. The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party. 10.7. Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. 10.8. Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to the address first set forth above, as amended from time-to-time. 10.9. Entire Agreement. This Agreement, together with the Order Form represents the complete and exclusive statement of the Agreement between the Parties as to the subject matter hereof. No other Agreements, covenants, representations or warranties, express or implied, oral or written, have been made by the Parties concerning this Agreement. Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 11 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 12 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 13 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 14 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 15 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 16 of 17 VIII-10 Monsido LLC PO Box 737311 Dallas, TX 75373-7311 A web governance platform that helps you maintain your site through accessibility, QA, SEO, content policies and more! Document Ref: F5TDJ-JVWPU-GEBRW-YM3JO Page 17 of 17 VIII-10 Signature Certificate Reference number: F5TDJ-JVWPU-GEBRW-YM3JO Document completed by all parties on: 03 Aug 2023 18:15:18 UTC Page 1 of 1 Signer Timestamp Signature Email: kmurtaugh@hastingsmn.gov Recipient Verification: Sent:31 Jul 2023 16:55:09 UTC Viewed:03 Aug 2023 18:12:46 UTC Signed:03 Aug 2023 18:15:18 UTC ✔Email verified 03 Aug 2023 18:12:46 UTC IP address: 207.171.110.153 Location: Hastings, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 40,000+ companies worldwide. VIII-10 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: August 21, 2023 Item: Art Lease Agreement with Dale Lewis Council Action Requested: Approve the attached lease agreement with Dale Lewis. Background Information: Hastings Environmental Protectors (HEP) submitted for and was awarded $3,000.00 in Community Investment Fund funding to support leasing one piece of art from Dale Lewis for a duration of 3 years. The art piece will be switched out each year, and will be located along Hastings’ trail system, within Vermillion Linear Park. Members of HEP have worked with members of the Arts Commission and Mr. Lewis to select the first years’ art piece. Final placement will be coordinated with Parks & Recreation Staff and HEP, and installation assistance will be provided by the City. Financial Impact: Budgeted and allocated funds being used, no additional impact. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ▪ Lease Agreement VIII-11 1 ARTWORK LEASING AGREEMENT This Artwork Leasing Agreement (“Agreement”) is made and entered into this ___ day of_________, 20___, (“Effective Date”), by and between Dale Lewis (“Lessor”) and the City of Hastings, MN (“Lessee”). WHEREAS, the Lessor would like to display and the Lessee would like to accept the display of certain sculpture artwork on property owned by the Lessee subject to the terms of this Agreement. Now therefore, the parties hereby agree as follows: AGREEMENT 1. Lease of Artwork and Term: Subject to the terms and conditions set forth below, the Lessor rents to the Lessee the following Sculpture: No-Iron Dragonfly (purchase price $12,000) (“Sculptures” or “Artwork”) for the term of one year commencing from the Effective Date of this Agreement. 2. Rental Rate: The Lessee shall pay a lump sum of $1,000 per sculpture for the term of the Agreement, due and payable within 30 days following installation. 3. Location, Installation and De-installation: The location of the Sculptures shall be on Lessee’s property (“City Property”), at a mutually agreed upon location. Installation will be arranged between the Lessor and the Lessee depending upon the weather, availability of Hastings equipment, park access and personal, and dates the Sculptures are available. At least 14 days' notice is required. No fixtures or other materials needed for the installation and ongoing display of the Sculptures may be affixed to City Property without prior consent of the Lessee. Should any Artwork be required to be moved after installation Lessee will notify the Lessor of the intent to relocate the sculpture and the Lessor must give permission before Artwork is relocated. 4. Ownership and Use: The Artwork shall at all times be the sole and exclusive property of the Lessor. The Lessee shall have no rights or property interest in the Artwork, except for the right to display the Artwork in its intended manner and to market the Artwork to encourage visitors to enjoy Hastings’ trail system . The Lessee recognizes the copyright interests of the Lessor in the Artwork and shall not infringe or allow an infringement of the Lessor’s rights. VIII-11 2 5. Repairs, Maintenance. Should a sculpture require a repair the Lessee will immediately notify the Lessor. No repairs shall be done without expressed approval of the Lessor. The Lessor shall have the right to perform any maintenance to the Sculptures, but may not intentionally alter, modify, or make changes to any City Property without the prior approval of the Lessee. Maintenance of the site around the Artwork will be subject to the Lessee’s or 3rd party agreements created at the time of installation. 6. Insurance. The Lessee shall carry insurance to cover the replacement cost of the Artwork in regard to theft, natural disasters, and liability and will pay over the proceeds of such insurance to the Lessor upon receipt of proceeds. 7. Default. Neither Lessee nor Lessor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. A default in payment of more than seven (7) days be the Lessee or violation of any other term of this agreement shall allow the Lessor to retake possession of the Artwork. The Lessor shall retain all its rights in law and equity and is entitled to reasonable attorney’s fees and cost upon the default of the Lessee. 8. Indemnity. Lessor and Lessee each agree to indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. 9. Continuation or Purchase. With the Lessee’s consent, the Lessor may offer to leave the Artwork in place after the term of this lease for no additional fee with the understanding that the Artwork may remain in the location throughout the winter and most likely not be removed or replaced until spring. The Lessee acknowledges that the Artwork is for sale and may exercise the right to purchase the Artwork at any time. Also, should the Artwork be sold to a third party during the lease term the Lessee is entitled to a commission fee equivalent to 20% of the purchase price. 10. Recall or Exchange of Leased Artwork: Occasionally, Leased Artwork may be recalled by Lessor because of a sale or exhibit. A fourteen (14) day notice will be provided to exchange the Artwork. Following the installation de-installation provisions, the Lessor will, coordinate with the City of Hastings to retrieve leased Artwork from City of Hastings and replace leased Artwork with other artwork that is mutually acceptable to Lessee for the remaining term of the lease. 11. Amendments. This agreement is the only agreement of the parties and may only be amended in writing or by a separate written agreement of the parties. 12. Application of Laws: This agreement shall be construed under Minnesota law and shall be binding on the heirs, successors and assigns of the parties. VIII-11 3 13. Notices: Notices shall be communicated to the following addresses: If to City: City of Hastings 101 4th Street East Hastings, MN 55033 Attn: City Administrator Or e-mailed: dwietecha@hastingsmn.gov If to Artist: Dale Lewis 802 Reuter Drive Hastings, MN 55033 Or e-mailed: ArtistDaleLewis@gmail.com [remainder of page left blank] VIII-11 4 Lessor Dale Lewis Dale Lewis Date Lessee – City of Hastings By: Mayor, Mary Fasbender Date By: __________________________ City Clerk, Kelly Murtaugh Date VIII-11 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: August 21, 2023 Item: Agreement Amendment #1 with Apex Facility Solutions, LLC Council Action Requested: Approve Amendment #1 for the Guaranteed Energy Savings Agreement with Apex Facility Solutions, LLC for the Refrigeration Plant Replacement, West Rink Roof Replacement, and Solar System Installation projects at the Hastings Civic Arena. Background Information: These projects have been identified as needed facility upgrades, and Council has provided their commitment to completing both of these projects in 2024. The refrigeration plant replacement requires up front design and engineering services to be completed, and the plants motor control center also needs to be ordered well in advance of the project due to long lead times for specialty equipment. The design and engineering have been completed and we are prepared to order the motor control center, and lock in a roofing contractor for a 2024 West Rink roof replacement with this amendment. Minnesota Statute 471.345 subd. 13 allows the City to enter into a Guaranteed Energy Savings Agreement such as what is proposed. Using this statute does require the City to publish our intent to enter into this agreement, which was completed in the June 22, 2023 edition of the Hastings Journal. This agreement must also guarantee energy savings over the 20-year life of the agreement, which it does. Entering this agreement with Apex allows them to act as our general contractor, solicit quotes from pre-qualified contractors for each individual component of the project, which city staff will review and approve as appropriate, and allows each of the major components of the project to be added by amendment. X-B-01 Financial Impact: The motor control centers are guaranteed at a cost of $258,929.00, and as long lead items (50-70 weeks), it is time to place the order. The West Rink roofing replacement project is guaranteed at a cost of $1,161,746.00 for a 2024 project. Advisory Commission Discussion: N/A Council Committee Discussion: Attachments: ▪Amendment #1 ▪Roofing bid tabulation ▪Refrigeration project bid tab for MCC breakout ▪Apex Facility Solutions, LLC agreement (fully executed) X-B-01 AmendmentApex Facility Solutions, LLC Client: City of Hastings Amendment No: 1 Project: Hastings Civic Arena Upgrades 8/16/2023 Apex Project No: 30323036 The Contract is Amended as Follows: This Amendment 1 modifiys the existing Agreement to add more detailed scope of work and costs for the roofing and MCC line itmes on the agreement. The following changes to the agreement are included in this Amenedment. 1. Replace the Agreement Exhibit A Scope of Work with the attached new Exhibit A. 2. Replace the Agreement Exhibit B Schedule of Payments with the attached new Exhibit B. 3. Section 10.0 Compensation and Payment: replace the Construction Work list with the following updated list. Construction Work Refrigeration System Motor Control Center (long lead item)$258,929.00 Refrigeration System TBD and added by Amendment Roof Replacment West Rink $1,161,746.00 Solar on West Rink TBD and added by Amendment Original Contract Value:$217,391.00Net Prior Amendments:$0.00Contract Value Prior to this Amendment:$217,391.00 This Amendment Add (Deduct):$1,420,675.00New Contract Value after Change Order:$1,638,066.00 NOT VALID UNTIL SIGNED BY THE CONTRACTOR AND CLIENT Apex Facility Solutions, LLC City of Hastings Contractor Client By (Signature)By (Signature) By (Printed)By (Printed) Date Date Attachments: Exhibit A Summary of Work Exhibit B Payments Schedule 3495 Northdale Blvd. NW, Suite 230, Coon Rapids, MN 55448 www.apex-co.us Page 1 X-B-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 1 of 6 Exhibit A – Summary of Work Definitions: CLIENT shall also be referred to as OWNER and/or HOST. CONTRACTOR shall also be referred to as APEX and/or DEVELOPER. Scope General: Scope of work shall be development and construction of the following major scopes of work: •Refrigeration Design •Long Lead Equipment Procurement •Replacement of Existing Refrigeration System •Replacement of West Rink Roof •Install Solar on the West Rink Roof Refrigeration Design: Refrigeration design shall include design required for the replacement of the existing refrigeration system located at Hastings Civic Arena with a new two rink industrial grade ammonia refrigeration system and identification and specification of any long lead equipment required to support a Summer 2024 installation schedule. Work Included: •Ice System engineering includes one industrial grade refrigeration system and waste heat recovery systems (subfloor heating, snow melt pit system). •Mechanical engineering including ventilation system for new ice equipment room, eyewash shower systems, connection to fire alarm system, and plumbing modifications as necessary. Apex Facility Solutions Location Cost Guaranteed Utility Savings Annual O&M Savings One Time O&M Savings Potential Incentives Net Cost Simple Payback Ice Arena $258,929 $0 $0 $200,000 $0 $58,929 N/A Ice Arena $217,391 $16,241 $7,000 $0 $0 $217,391 9.4 West Ice Sheet $1,161,746 $0 $0 $800,000 $0 $1,161,746 N/A Ice Arena $0 $0 $0 $0 $0 $0 N/A Ice Arena $0 $0 $0 $0 $0 $0 N/A $1,638,066 $16,241 $7,000 $1,000,000 $0 $1,438,066 18.8Totals Refigeration Design - Design of the ice rink refigeration system to size the MCC Roofing - Replace existing Roof with new built up roof, new drains, and parapits Other Scope Items Ice Arena Long Lead Items Work Description MCC - Purchasing of new Motor Control Center for the ice plant Refrigeration system - Replace existing R22 system with new refigeration system Solar System - Install new Solar PV System on the West Roof X-B-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 2 of 6 •Electrical engineering including new electrical feeder to new ice equipment motor control center if needed and to the new mechanical equipment, convenience receptacles, and lighting modifications in the new ice equipment room. •Architectural and structural design for enclosing the existing mechanical room for code compliant room, condenser supports, pipe penetrations, etc. •Demolition drawings for systems mentioned above. MCC: As part of the development of the ice arena refrigeration plant, two MCCs were necessary to provide the plant with power. One of the units would be located in the Ammonia refrigeration room to power the compressors and accessories in that room. The second would be in the pump room that would power the main rink pumps, and other aspects of the refrigeration plant. These electrical parts are critical to the function of the plant. X-B-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 3 of 6 Replacement of Refrigeration System: Replacement of the existing refrigeration system shall include replacement of the existing refrigeration system with a new two rink ammonia refrigeration system. The final cost of this work shall be added to the Agreement by Amendment after scope of work is rebid and final price is established. X-B-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 4 of 6 Replacement of West Rink Roof: Work under this scope item shall include replacement of the existing west rink flat roof with a new modified built-up roof, and new metal perimeter roofing with flashing. A new ladder would be installed from the lower roof for safe access to the higher roof. In addition to the new flat roof, perimeter edging will be installed to eliminate the flat roof water from going over the edge. With new sloped insulation and roof drainage, new interior roof drains will be installed to take the water away. The water will be discharged into an existing rain water system in the parking lot. Below is the scope of work for the roofing project: X-B-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 5 of 6 X-B-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 6 of 6 Solar on West Rink Roof: Work under this scope item shall include installation of new Solar PV system that will be tied into the building electrical system. The photo below represents the approximate location of the new system. Work shall be code compliant, and the final cost of this work shall be added to the Agreement by Amendment after scope of work is rebid and final price is established. X-B-01 EXHIBIT B PAYMENTS SCHEDULE EXHIBIT B Page 1 of 1 Exhibit B – Estimated Payments Schedules Item Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 1 Design $223,826 $111,913 $111,913 2 Long Lead Equipment (MCC) $258,929 $129,465 $129,465 3 Roofing $1,161,746 $290,437 $290,437 $290,437 $290,437 4 Refrigeration TBD Install Install Install Install Install Install Install 5 Solar PV TBD Install Install Totals $1,644,501 $111,913 $111,913 $0 $129,465 $0 $0 $290,437 $0 $0 $0 $290,437 $419,901 $290,437 $0 $0 $0 Spring Roof Option X-B-01 Roofing Contractors Berwald Roofing Mc Phillips Bro Peterson Bro Palmber West Base Bid 1,121,689$ 1,076,677$ 1,017,680$ 1,081,056$ Ladder Add 16,592$ 16,930$ 15,395$ 15,689$ Sub Total 1,138,281$ 1,093,607$ 1,033,076$ 1,096,745$ Plumbing Contractors Commercial Plumbing Signature Mechanical Base Bid 129,607$ 128,670$ Selected Contractors Total Cost Peterson Bro 1,033,076$ Signature 128,670$ Total 1,161,746$ City of Hasting Roofing Project Bid Tab Confidential 8/17/2023 Page 1 X-B-01 Refrigeration Contractors Rink Tec International Gartner Refrigeration SCR Base Bid 2,677,574$ 2,734,850$ No Bid MCC - Breakout 258,929$ 264,467$ Alt - Temp Chiller 3 Months 104,628$ 152,383$ Sub Total 2,782,202$ 2,887,233$ Mechanical Contractors NAC Kraft Mechanical SCR Base Bid 215,235$ 188,330$ 220,526$ Electrical Contractors CAP Electric Phaser Electric Base Bid 85,496$ 121,070$ General Construction Guptil Construction 4 Others no Bid Base Bid 46,449$ -$ Concrete Construction Fritz Concrete KPW Concrete Base Bid 53,002$ 8,324$ Fencing Contractors Superior Fencing Dakota Unlimited Base Bid 9,664$ 11,784$ Selected Contractors Rink Tec International 2,782,202$ Kraft Mechanical 188,330$ CAP Electric 85,496$ Guptil Construction 46,449$ KPW Concrete 8,324$ Superior Fencing 9,664$ City of Hasting Refrigeration Project Bid Tab Confidential 8/17/2023 Page 1 X-B-01 X - B - 0 1 X - B - 0 1 X - B - 0 1 X - B - 0 1 X - B - 0 1 X - B - 0 1 X - B - 0 1 X - B - 0 1 X - B - 0 1 X - B - 0 1 X - B - 0 1 X - B - 0 1 X - B - 0 1 X - B - 0 1 X - B - 0 1 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: August 21, 2023 Item: Administration of Absentee Ballots Council Action Requested: Support participating with Dakota County and other municipalities for administration of absentee ballots. Background Information: A workgroup with representatives from our election partners has been working over the summer to formulate a JPA cost-share plan, under which Dakota County Elections would perform absentee voting services. The actual draft of the JPA is pending, but Dakota County would appreciate knowing each municipalities intent, since the JPA is based on most/all municipalities participating. The draft cost-share proposal is as follows: 1. A 2-year JPA between Dakota County and Cities and Townships. 2. Odd year School Districts will have a separate agreement for odd year service only. All special elections would also be subject to a separate agreement. 3. FTE costs form a base cost, which is proportioned by registered voter count. Base costs are shared annually, actual cost of absentee services would be paid in the year of election. 4. We have applied VOTER funds appropriated by the State to offset the costs of providing this service, so the reduction is reflected in this proposal. 5. For 2024 and future even-years, the cost-share model would be as follows: a. County assumes 55% of base costs, Cities/Townships assume 45% of base costs b. County assumes 55% of Absentee Voting costs, Cities/Townships assume 45% of Absentee Voting costs 6. For 2025 and future odd-years, the cost-share model would be as follows: a. County assumes 75% of base costs, Cities/Townships assume 25% of base costs X-E-01 b. Odd-year election partners assume 100% of Absentee Voting costs (unless a shared election is held, in which case costs would be shared) 7. Estimated costs for 2024 (two elections) and 2025 are attached. Also attached is a high- level summary that reflects a 2-year cost for each city. The Dakota County Elections Office believes this service has many benefits: • It will ease the growing responsibility on City Clerks. • It will streamline Election Night reporting as absentee ballots will already be at the County. • It will enhance the voter experience to have consistent and uniform handling for absentee voting services across all jurisdictions. In 2024, there will be three elections (Presidential Nominating Primary, Primary, General). Absentee balloting begins 46 days prior to any election. Even with the County handling administration of absentee ballots, the City will still have some staffing costs associated with Election Judges, such that the net savings is estimated at $12K. Financial Impact: Estimate $12K savings Committee Discussion: Not applicable Attachments: • 2024-2025 JPA Costs for Absentee Services (draft 8/7/23) • 2024 Elections (draft 8/8/23) • 2025 Elections (draft 8/8/23) X-E-01 Ba s e Co s t s Ab s e n t e e Co s t s Ba s e Co s t s Absentee Costs Da k o t a Co u n t y Sh a r e 55 % D a k o t a Co u n t y Sh a r e 55 % Da k o t a Co u n t y Sh a r e 75 % D a k o t a County Share 0% Pa r t n e r Sh a r e 45 % P a r t n e r Sh a r e 45 % Pa r t n e r Sh a r e 25 % P a r t n e r Share 100% Mu n i c i p a l i t y # of Vo t e r s as of Ju n e 2, 20 2 2 B a s e Co s t Sh a r e (2 0 2 4 ‐20 2 5 ) * Es t i m a t e d Ab s e n t e e Ba l l o t i n g Co s t (2 0 2 4 ‐20 2 5 ) * * Re d u c t i o n fr o m On g o i n g VO T E R Fu n d s * * * Total Estimated Costs 2024 ‐2025 IS D 19 6 ‐ Ro s e m o u n t / A p p l e Va l l e y / E a g a n 10 5 , 6 3 5 15 , 2 4 8 $ $ 13 , 3 6 7 $ 28,614 IS D 19 7 ‐ We s t St . Pa u l / M e n d o t a He i g h t s / E a g a n 29 , 6 9 8 4, 2 8 7 $ $ 4, 5 7 6 $ 8,863 IS D 19 9 ‐ In v e r Gr o v e He i g h t s 18 , 2 2 6 2, 6 3 1 $ $ 1, 7 7 6 $ 4,406 IS D 20 0 ‐ Ha s t i n g s 19 , 9 5 7 2, 8 8 1 $ $ 3, 9 4 6 $ 6,827 La k e v i l l e 46 , 1 3 4 26 , 0 2 1 $ 29 , 1 4 6 $ (1 3 , 4 1 9 ) $ $ 41,747 Ea g a n 45 , 2 7 4 25 , 5 3 5 $ 35 , 6 1 6 $ (1 3 , 1 6 9 ) $ $ 47,982 Bu r n s v i l l e 37 , 8 8 3 21 , 3 6 7 $ 26 , 1 9 4 $ (1 1 , 0 1 9 ) $ $ 36,542 Ap p l e Va l l e y 35 , 7 3 5 20 , 1 5 5 $ 26 , 3 3 9 $ (1 0 , 3 9 5 ) $ $ 36,100 In v e r Gr o v e He i g h t s 22 , 5 3 4 12 , 7 1 0 $ 16 , 8 1 8 $ (6 , 5 5 5 ) $ $ 22,973 Ro s e m o u n t 17 , 2 4 5 9, 7 2 7 $ 13 , 4 0 5 $ (5 , 0 1 6 ) $ $ 18,115 Ha s t i n g s 14 , 5 7 1 8, 2 1 8 $ 8, 7 0 4 $ (4 , 2 3 8 ) $ $ 12,684 Fa r m i n g t o n 13 , 8 4 4 7, 8 0 8 $ 8, 0 0 8 $ (4 , 0 2 7 ) $ $ 11,789 We s t St . Pa u l 12 , 5 2 3 7, 0 6 3 $ 7, 7 0 6 $ (3 , 6 4 3 ) $ $ 11,127 So u t h St . Pa u l 12 , 1 9 0 6, 8 7 5 $ 4, 9 8 7 $ (3 , 5 4 6 ) $ $ 8,316 Me n d o t a He i g h t s 9, 1 5 4 5, 1 6 3 $ 10 , 2 9 9 $ (2 , 6 6 3 ) $ $ 12,800 Em p i r e 2, 0 1 7 1, 1 3 8 $ 57 3 $ (5 8 7 ) $ $ 1,124 Ra v e n n a Tw p 1, 7 3 1 97 6 $ 70 5 $ (5 0 4 ) $ $ 1,177 Eu r e k a Tw p 1, 0 9 6 61 8 $ 29 8 $ (3 1 9 ) $ $ 598 Ca s t l e Ro c k Tw p 98 3 55 4 $ 22 6 $ (2 8 6 ) $ $ 495 No r t h f i e l d 96 7 54 5 $ 87 1 $ (2 8 1 ) $ $ 1,135 Ve r m i l l i o n Tw p 93 3 52 6 $ 22 6 $ (2 7 1 ) $ $ 481 Ma r s h a n Tw p 89 3 50 4 $ 26 5 $ (2 6 0 ) $ $ 509 Li l y d a l e 80 1 45 2 $ 76 3 $ (2 3 3 ) $ $ 982 Ni n i n g e r Tw p 65 4 36 9 $ 16 3 $ (1 9 0 ) $ $ 341 Ha m p t o n Tw p 63 3 35 7 $ 14 8 $ (1 8 4 ) $ $ 321 Gr e e n v a l e Tw p 61 3 34 6 $ 23 6 $ (1 7 8 ) $ $ 404 Ra n d o l p h Tw p 55 3 31 2 $ 19 9 $ (1 6 1 ) $ $ 350 Do u g l a s Tw p 52 3 29 5 $ 11 5 $ (1 5 2 ) $ $ 257 Su n f i s h La k e 43 6 24 6 $ 25 0 $ (1 2 7 ) $ $ 369 Ha m p t o n Ci t y 40 6 22 9 $ 57 $ (1 1 8 ) $ $ 168 Wa t e r f o r d Tw p 37 8 21 3 $ 15 5 $ (1 1 0 ) $ $ 258 Sc i o t a Tw p 32 7 18 4 $ 66 $ (9 5 ) $ $ 156 Ve r m i l l i o n Ci t y 31 2 17 6 $ 54 $ (9 1 ) $ $ 139 Ra n d o l p h Ci t y 28 6 16 1 $ 33 $ (8 3 ) $ $ 111 Me n d o t a Ci t y 12 9 73 $ 12 $ (3 8 ) $ $ 47 Co a t e s 10 1 57 $ 22 6 $ (2 9 ) $ $ 254 Mi e s v i l l e 86 49 $ 29 2 $ (2 5 ) $ $ 316 Ne w Tr i e r 56 32 $ 11 2 $ (1 6 ) $ $ 127 TO T A L 45 5 , 5 1 7 18 4 , 1 0 0 $ 21 6 , 9 3 3 $ (8 2 , 0 2 8 ) $ 319,005 $ *B a s e co s t s co n t e m p l a t e a Pr i m a r y & Ge n e r a l El e c t i o n in ev e n ye a r s an d a Ge n e r a l El e c t i o n in od d ye a r s . PN P co s t s to be re i m b u r s e d se p a r a t e l y fr o m th i s ag r e e m e n t . ** U s e d ac t u a l ab s e n t e e vo t i n g ut i l i z a t i o n fr o m pa s t el e c t i o n s to es t i m a t e . ** * R e d u c t i o n of St a t e VO T E R fu n d s is at th e di s c r e t i o n of ea c h mu n i c i p a l i t y . Ev e n Ye a r Od d Year 20 2 4 ‐20 2 5 JP A Co s t s fo r Ab s e n t e e Se r v i c e s ‐ Dr a f t 08 / 0 7 / 2 0 2 3 DRAFT 10 0 % of FT E Co s t s 2 6 3 , 0 0 0 $ AB Ma i l e d Co s t 10 . 0 0 $ AB Da k C o Sh a r e 5 5 % AB In Pe r s o n Co s t 4. 5 0 $ AB Pa r t n e r Sh a r e 4 5 % Ba s e co s t pe r re g vo t e r 0 . 9 3 $ $ 4. 5 0 $ 2. 0 3 $ 20 , 5 0 7 $ 20 , 5 0 7 Mu n i c i p a l i t y Vo t e r s as of Ju n e 2, 20 2 2 (p e r VO T E R Fu n d i n g ru l e s ) Pr o p o r t i o n of Re g i s t e r e d Vo t e r s An n u a l Ba s e Co s t ‐ sh a r e (4 5 % ) Es t i m a t e d Co s t s of AB Ba l l o t ma i l e d * Es t i m a t e d Co s t s of IP AB Ba l l o t * 25 % Re d u c t i o n fr o m On g o i n g VO T E R Fu n d s fo r Pr o p o r t i o n e d # of Vo t e r s 25 % Re d u c t i o n fr o m On g o i n g VO T E R Fu n d s fo r AB To t a l Es t i m a t e d Co s t s ‐ 20 2 4 Estimated Cost Per Reg Voter La k e v i l l e 46 , 1 3 4 0. 1 6 4 19 , 3 6 1 $ 17 , 4 0 1 $ 11 , 7 4 5 $ (3 , 3 5 5 ) $ (3 , 3 5 5 ) $ 41 , 7 9 8 $ 0.89$ Ea g a n 45 , 2 7 4 0. 1 6 1 19 , 0 0 1 $ 21 , 2 6 3 $ 14 , 3 5 3 $ (3 , 2 9 2 ) $ (3 , 2 9 2 ) $ 48 , 0 3 2 $ 1.07$ Bu r n s v i l l e 37 , 8 8 3 0. 1 3 4 15 , 8 9 9 $ 15 , 6 3 8 $ 10 , 5 5 6 $ (2 , 7 5 5 ) $ (2 , 7 5 5 ) $ 36 , 5 8 3 $ 0.98$ Ap p l e Va l l e y 35 , 7 3 5 0. 1 2 7 14 , 9 9 7 $ 15 , 7 2 5 $ 10 , 6 1 4 $ (2 , 5 9 9 ) $ (2 , 5 9 9 ) $ 36 , 1 3 9 $ 1.02$ In v e r Gr o v e He i g h t s 22 , 5 3 4 0. 0 8 0 9, 4 5 7 $ 10 , 0 4 0 $ 6, 7 7 7 $ (1 , 6 3 9 ) $ (1 , 6 3 9 ) $ 22 , 9 9 7 $ 1.03$ Ro s e m o u n t 17 , 2 4 5 0. 0 6 1 7, 2 3 7 $ 8, 0 0 3 $ 5, 4 0 2 $ (1 , 2 5 4 ) $ (1 , 2 5 4 ) $ 18 , 1 3 4 $ 1.02$ Ha s t i n g s 14 , 5 7 1 0. 0 5 2 6, 1 1 5 $ 5, 1 9 7 $ 3, 5 0 8 $ (1 , 0 6 0 ) $ (1 , 0 6 0 ) $ 12 , 7 0 0 $ 0.87$ Fa r m i n g t o n 13 , 8 4 4 0. 0 4 9 5, 8 1 0 $ 4, 7 8 1 $ 3, 2 2 7 $ (1 , 0 0 7 ) $ (1 , 0 0 7 ) $ 11 , 8 0 4 $ 0.85$ We s t St . Pa u l 12 , 5 2 3 0. 0 4 4 5, 2 5 6 $ 4, 6 0 1 $ 3, 1 0 6 $ (9 1 1 ) $ (9 1 1 ) $ 11 , 1 4 1 $ 0.90$ So u t h St . Pa u l 12 , 1 9 0 0. 0 4 3 5, 1 1 6 $ 2, 9 7 7 $ 2, 0 1 0 $ (8 8 6 ) $ (8 8 6 ) $ 8, 3 3 0 $ 0.70$ Me n d o t a He i g h t s 9, 1 5 4 0. 0 3 2 3, 8 4 2 $ 6, 1 4 9 $ 4, 1 5 0 $ (6 6 6 ) $ (6 6 6 ) $ 12 , 8 1 0 $ 1.40$ Em p i r e 2, 0 1 7 0. 0 0 7 84 6 $ 34 2 $ 23 1 $ (1 4 7 ) $ (1 4 7 ) $ 1, 1 2 6 $ 0.57$ Ra v e n n a Tw p 1, 7 3 1 0. 0 0 6 72 6 $ 40 9 $ 27 6 $ (1 2 6 ) $ (1 2 6 ) $ 1, 1 5 9 $ 0.67$ Eu r e k a Tw p 1, 0 9 6 0. 0 0 4 46 0 $ 14 2 $ 96 $ (8 0 ) $ (8 0 ) $ 53 9 $ 0.49$ Ca s t l e Ro c k Tw p 98 3 0. 0 0 3 41 3 $ 13 5 $ 91 $ (7 1 ) $ (7 1 ) $ 49 6 $ 0.50$ No r t h f i e l d 96 7 0. 0 0 3 40 6 $ 52 0 $ 35 1 $ (7 0 ) $ (7 0 ) $ 1, 1 3 7 $ 1.20$ Ve r m i l l i o n Tw p 93 3 0. 0 0 3 39 2 $ 13 5 $ 91 $ (6 8 ) $ (6 8 ) $ 48 2 $ 0.53$ Ma r s h a n Tw p 89 3 0. 0 0 3 37 5 $ 14 2 $ 96 $ (6 5 ) $ (6 5 ) $ 48 3 $ 0.54$ Li l y d a l e 80 1 0. 0 0 3 33 6 $ 45 5 $ 30 7 $ (5 8 ) $ (5 8 ) $ 98 2 $ 1.26$ Ni n i n g e r Tw p 65 4 0. 0 0 2 27 4 $ 97 $ 66 $ (4 8 ) $ (4 8 ) $ 34 2 $ 0.52$ Ha m p t o n Tw p 63 3 0. 0 0 2 26 6 $ 88 $ 60 $ (4 6 ) $ (4 6 ) $ 32 1 $ 0.52$ Gr e e n v a l e Tw p 61 3 0. 0 0 2 25 7 $ 45 $ 30 $ (4 5 ) $ (4 5 ) $ 24 3 $ 0.40$ Ra n d o l p h Tw p 55 3 0. 0 0 2 23 2 $ 11 9 $ 80 $ (4 0 ) $ (4 0 ) $ 35 1 $ 0.64$ Do u g l a s Tw p 52 3 0. 0 0 2 21 9 $ 68 $ 46 $ (3 8 ) $ (3 8 ) $ 25 8 $ 0.50$ Su n f i s h La k e 43 6 0. 0 0 2 18 3 $ 14 9 $ 10 1 $ (3 2 ) $ (3 2 ) $ 37 0 $ 0.86$ Ha m p t o n Ci t y 40 6 0. 0 0 1 17 0 $ 34 $ 23 $ (3 0 ) $ (3 0 ) $ 16 9 $ 0.40$ Wa t e r f o r d Tw p 37 8 0. 0 0 1 15 9 $ 85 $ 57 $ (2 7 ) $ (2 7 ) $ 24 5 $ 0.65$ Sc i o t a Tw p 32 7 0. 0 0 1 13 7 $ 40 $ 27 $ (2 4 ) $ (2 4 ) $ 15 6 $ 0.46$ Ve r m i l l i o n Ci t y 31 2 0. 0 0 1 13 1 $ 32 $ 22 $ (2 3 ) $ (2 3 ) $ 14 0 $ 0.46$ Ra n d o l p h Ci t y 28 6 0. 0 0 1 12 0 $ 20 $ 13 $ (2 1 ) $ (2 1 ) $ 11 2 $ 0.39$ Me n d o t a Ci t y 12 9 0. 0 0 0 54 $ 7 $ 5 $ (9 ) $ (9 ) $ 47 $ 0.36$ Co a t e s 10 1 0. 0 0 0 42 $ 13 5 $ 91 $ (7 ) $ (7 ) $ 25 4 $ 2.54$ Mi e s v i l l e 86 0. 0 0 0 36 $ 17 5 $ 11 8 $ (6 ) $ (6 ) $ 31 6 $ 3.85$ Ne w Tr i e r 56 0. 0 0 0 24 $ 67 $ 45 $ (4 ) $ (4 ) $ 12 7 $ 2.19$ TO T A L 28 2 , 0 0 1 1. 0 0 11 8 , 3 5 0 $ 11 5 , 2 1 6 $ 77 , 7 7 1 $ (2 0 , 5 0 7 ) $ (2 0 , 5 0 7 ) $ 27 0 , 3 2 3 $ 0.96$ Ba s e co s t s pr o p o r t i o n e d by re g i s t e r e d vo t e r 20 2 4 El e c t i o n s ‐ Dr a f t 08 / 0 8 / 2 0 2 3 DRAFT 10 0 % of FT E Co s t s 26 3 , 0 0 0 $ AB Mailed Cost 10.00 $ AB DakCo Share 0% Ba s e co s t pe r re g i s t e r e d vo t e r 0. 5 8 $ AB In Person Cost 4.50 $ AB Partner Share 1 0 0 % $ 10.00 $ 4.50 $ 20,507 $ 20,507 Mu n i c i p a l i t y # of Vo t e r s fo r Ba s e Co s t s Pr o p o r t i o n of Re g i s t e r e d Vo t e r s fo r Ba s e Co s t s Vo t e r s as of Ju n e 2, 20 2 2 (p e r VO T E R Fu n d i n g ru l e s ) Pr o p o r t i o n of Re g i s t e r e d Vo t e r s fo r VO T E R fu n d s An n u a l Ba s e Co s t (1 0 0 % ) An n u a l Ba s e Co s t ‐ 25 % Sh a r e AB s Ca s t in Mo s t Re c e n t El e c t i o n Estimated Costs of AB Ballot mailed*Estimated Costs of IP AB Ballot*25% Reduction from Ongoing VOTER Funds for AB25% Reduction from Ongoing VOTER Funds for Proportioned # of VotersTotal Estimated Costs ‐ 2025Estimated Cost Per Reg Voter IS D 19 6 ‐ Ro s e m o u n t / A p p l e Va l l e y / E a g a n 10 5 , 6 3 5 0. 2 3 2 60 , 9 9 0 $ 15 , 2 4 8 $ 1,995 $ 7,980 $ 5,387 $ 28,614 $ 0.27 IS D 19 7 ‐ We s t St . Pa u l / M e n d o t a He i g h t s / E a g a n 2 9 , 6 9 8 0. 0 6 5 17 , 1 4 7 $ 4, 2 8 7 $ 683 $ 2,732 $ 1,844 $ 8,863 $ 0.30 IS D 19 9 ‐ In v e r Gr o v e He i g h t s 18 , 2 2 6 0. 0 4 0 10 , 5 2 3 $ 2, 6 3 1 $ 265 $ 1,060 $ 716 $ 4,406 $ 0.24 IS D 20 0 ‐ Ha s t i n g s 19 , 9 5 7 0. 0 4 4 11 , 5 2 2 $ 2, 8 8 1 $ 589 $ 2,356 $ 1,590 $ 6,827 $ 0.34 La k e v i l l e 46 , 1 3 4 0. 1 0 1 46 , 1 3 4 0. 1 6 4 26 , 6 3 6 $ 6, 6 5 9 $ ‐$ ‐$ (3,355)$ (3,355)$ $ (51)(0.00)$ Ea g a n 45 , 2 7 4 0. 0 9 9 45 , 2 7 4 0. 1 6 1 26 , 1 4 0 $ 6, 5 3 5 $ ‐$ ‐$ (3,292)$ (3,292)$ $ (50)(0.00)$ Bu r n s v i l l e 37 , 8 8 3 0. 0 8 3 37 , 8 8 3 0. 1 3 4 21 , 8 7 2 $ 5, 4 6 8 $ ‐$ ‐$ (2,755)$ (2,755)$ $ (42)(0.00)$ Ap p l e Va l l e y 35 , 7 3 5 0. 0 7 8 35 , 7 3 5 0. 1 2 7 20 , 6 3 2 $ 5, 1 5 8 $ ‐$ ‐$ (2,599)$ (2,599)$ $ (39)(0.00)$ In v e r Gr o v e He i g h t s 22 , 5 3 4 0. 0 4 9 22 , 5 3 4 0. 0 8 0 13 , 0 1 0 $ 3, 2 5 3 $ ‐$ ‐$ (1,639)$ (1,639)$ $ (25)(0.00)$ Ro s e m o u n t 17 , 2 4 5 0. 0 3 8 17 , 2 4 5 0. 0 6 1 9, 9 5 7 $ 2, 4 8 9 $ ‐$ ‐$ (1,254)$ (1,254)$ $ (19)(0.00)$ Ha s t i n g s 14 , 5 7 1 0. 0 3 2 14 , 5 7 1 0. 0 5 2 8, 4 1 3 $ 2, 1 0 3 $ ‐$ ‐$ (1,060)$ (1,060)$ $ (16)(0.00)$ Fa r m i n g t o n 13 , 8 4 4 0. 0 3 0 13 , 8 4 4 0. 0 4 9 7, 9 9 3 $ 1, 9 9 8 $ ‐$ ‐$ (1,007)$ (1,007)$ $ (15)(0.00)$ We s t St . Pa u l 12 , 5 2 3 0. 0 2 7 12 , 5 2 3 0. 0 4 4 7, 2 3 0 $ 1, 8 0 8 $ ‐$ ‐$ (911)$ (911)$ $ (14)(0.00)$ So u t h St . Pa u l 12 , 1 9 0 0. 0 2 7 12 , 1 9 0 0. 0 4 3 7, 0 3 8 $ 1, 7 6 0 $ ‐$ ‐$ (886)$ (886)$ $ (13)(0.00)$ Me n d o t a He i g h t s 9, 1 5 4 0. 0 2 0 9, 1 5 4 0. 0 3 2 5, 2 8 5 $ 1, 3 2 1 $ ‐$ ‐$ (666)$ (666)$ $ (10)(0.00)$ Em p i r e 2, 0 1 7 0. 0 0 4 2, 0 1 7 0. 0 0 7 1, 1 6 5 $ 29 1 $ ‐$ ‐$ (147)$ (147)$ $ (2)(0.00)$ Ra v e n n a Tw p 1, 7 3 1 0. 0 0 4 1, 7 3 1 0. 0 0 6 99 9 $ 25 0 $ 3 12 $ 8 $ (126)$ (126)$ $ 18 0.01$ Eu r e k a Tw p 1, 0 9 6 0. 0 0 2 1, 0 9 6 0. 0 0 4 63 3 $ 15 8 $ 9 36 $ 24 $ (80)$ (80)$ $ 59 0.05$ Ca s t l e Ro c k Tw p 98 3 0. 0 0 2 98 3 0. 0 0 3 56 8 $ 14 2 $ ‐$ ‐$ (71)$ (71)$ $ (1)(0.00)$ No r t h f i e l d 96 7 0. 0 0 2 96 7 0. 0 0 3 55 8 $ 14 0 $ ‐$ ‐$ (70)$ (70)$ $ (1)(0.00)$ Ve r m i l l i o n Tw p 93 3 0. 0 0 2 93 3 0. 0 0 3 53 9 $ 13 5 $ ‐$ ‐$ (68)$ (68)$ $ (1)(0.00)$ Ma r s h a n Tw p 89 3 0. 0 0 2 89 3 0. 0 0 3 51 6 $ 12 9 $ 4 16 $ 11 $ (65)$ (65)$ $ 26 0.03$ Li l y d a l e 80 1 0. 0 0 2 80 1 0. 0 0 3 46 2 $ 11 6 $ ‐$ ‐$ (58)$ (58)$ $ (1)(0.00)$ Ni n i n g e r Tw p 65 4 0. 0 0 1 65 4 0. 0 0 2 37 8 $ 94 $ ‐$ ‐$ (48)$ (48)$ $ (1)(0.00)$ Ha m p t o n Tw p 63 3 0. 0 0 1 63 3 0. 0 0 2 36 5 $ 91 $ ‐$ ‐$ (46)$ (46)$ $ (1)(0.00)$ Gr e e n v a l e Tw p 61 3 0. 0 0 1 61 3 0. 0 0 2 35 4 $ 88 $ 24 96 $ 65 $ (45)$ (45)$ $ 160 0.26$ Ra n d o l p h Tw p 55 3 0. 0 0 1 55 3 0. 0 0 2 31 9 $ 80 $ ‐$ ‐$ (40)$ (40)$ $ (1)(0.00)$ Do u g l a s Tw p 52 3 0. 0 0 1 52 3 0. 0 0 2 30 2 $ 75 $ ‐$ ‐$ (38)$ (38)$ $ (1)(0.00)$ Su n f i s h La k e 43 6 0. 0 0 1 43 6 0. 0 0 2 25 2 $ 63 $ ‐$ ‐$ (32)$ (32)$ $ (0)(0.00)$ Ha m p t o n Ci t y 40 6 0. 0 0 1 40 6 0. 0 0 1 23 4 $ 59 $ ‐$ ‐$ (30)$ (30)$ $ (0)(0.00)$ Wa t e r f o r d Tw p 37 8 0. 0 0 1 37 8 0. 0 0 1 21 8 $ 55 $ 2 8 $ 5 $ (27)$ (27)$ $ 13 0.03$ Sc i o t a Tw p 32 7 0. 0 0 1 32 7 0. 0 0 1 18 9 $ 47 $ ‐$ ‐$ (24)$ (24)$ $ (0)(0.00)$ Ve r m i l l i o n Ci t y 31 2 0. 0 0 1 31 2 0. 0 0 1 18 0 $ 45 $ ‐$ ‐$ (23)$ (23)$ $ (0)(0.00)$ Ra n d o l p h Ci t y 28 6 0. 0 0 1 28 6 0. 0 0 1 16 5 $ 41 $ ‐$ ‐$ (21)$ (21)$ $ (0)(0.00)$ Me n d o t a Ci t y 12 9 0. 0 0 0 12 9 0. 0 0 0 74 $ 19 $ ‐$ ‐$ (9)$ (9)$ $ (0)(0.00)$ Co a t e s 10 1 0. 0 0 0 10 1 0. 0 0 0 58 $ 15 $ ‐$ ‐$ (7)$ (7)$ $ (0)(0.00)$ Mi e s v i l l e 86 0. 0 0 0 86 0. 0 0 0 50 $ 12 $ ‐$ ‐$ (6)$ (6)$ $ (0)(0.00)$ Ne w Tr i e r 56 0. 0 0 0 56 0. 0 0 0 32 $ 8 $ ‐$ ‐$ (4)$ (4)$ $ (0)(0.00)$ TO T A L 45 5 , 5 1 7 1. 0 0 28 2 , 0 0 1 1. 0 0 26 3 , 0 0 0 $ 65 , 7 5 0 $ 3,574 $ 14,296 $ 9,650 $ (20,507)$ (20,507)$ 48,682 $ 0.11$ 20 2 5 El e c t i o n s ‐ Dr a f t 08 / 0 8 / 2 0 2 3 Co s t s pr o p o r t i o n e d by re g i s t e r e d vo t e r DRAFT City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: August 21, 2023 Item: 2024 Budget Pre-approval of Pick-up Trucks Council Actions Requested: Authorization to order 6 pick-up trucks for lease as part of 2024 budget. Background Information: Regarding the 2024 budget plan, there are supply chain delays that will impact a number of the items included in the proposed budget, and vehicle orders with state-bid pricing have early and short windows for ordering (which does not guarantee delivery and purchase). The window for ordering Dodge pick-up trucks through Enterprise is presently open without an identified closure date. As we are changing our fleet management practice to replacing vehicles on a 5-year basis, the budget recommends purchasing some vehicles outright and leasing several vehicles in order to transition into the added upfront cost. All purchases and leases would be at state/consortium bid pricing. In addition to financing the lease, working through Enterprise Fleet Management gives us additional access to vehicle availability. In order to avoid missing the window, I request authorization to order these 6 vehicles for lease as part of the 2024 budget recommendation. Facilities Dept. – Pick Up Truck –$11,000 lease per year plus $6,000 upfitting, toolbox, and registration: The current 2007 pickup truck is 2-wheel drive which limits its ability for afterhours calls during winter. X-E-02 Public Works Dept. – 5 Pick Up Trucks – $55,000 per year lease plus $35,000 upfitting, toolbox, liftgate (on one), and registration: The current pickup trucks are 2001, 2001, 2003, 2006, and 2007 models in the Streets and Engineering Departments. Financial Impact: Estimated $66,000 annual lease plus $41,000 upfitting, toolbox, liftgate (on one), and registration. Committee Discussion: N/A Attachments: N/A X-E-02