HomeMy WebLinkAbout5-27-2026 HUCCPHUTCHINSON UTILITIES COMMISSION
AGENDA
REGULAR MEETING
May 27, 2026
3:00 p.m.
1. CONFLICT OF INTEREST
2. APPROVE CONSENT AGENDA
a. Approve Minutes
b. Ratify Payment of Bills
3. APPROVE FINANCIAL STATEMENTS
4. OPEN FORUM
5. COMMUNICATION
a. City Administrator
b. Divisions
C. Human Resources
d. Legal
e. General Manager
6. POLICIES
a. Review Policies
i. Section 5 of Exempt Handbook
ii. Section 5 of Non -Exempt Handbook
b. Approve Changes
7. UNFINISHED BUSINESS
8. NEW BUSINESS
a. Approve Natural Gas Custody Transfer Agreement with 3M
b. Approve Natural Gas Maintenance Agreement with City of Fairfax
C. Approve Amendment #2 to the Heartland Corn Reservation Agreement
d. Approve Amendment #2 to the Heartland Corn Firm Transportation
Agreement
9. ADJOURN
MINUTES
Regular Meeting — Hutchinson Utilities Commission
Wednesday, April 29, 2026
Call to order — 3:00 p.m.
President Don Martinez called the meeting to order. Members present: President Don
Martinez; Secretary Matt Cheney; Vice President Tom Lambert; Commissioner Kathy
Silvernale; Commissioner Jeremy Crosby; GM Jeremy Carter; Attorney Marc Sebora
1. Conflict of Interest
2. Approve Consent Agenda
a. Approve Minutes
b. Ratify Payment of Bills
Motion by Commissioner Cheney, second by Commissioner Lambert to Approve the
Consent Agenda. Motion carried unanimously.
3. Approve Financial Statements
Mr. Martig presented the Financial Statements. Electric Division net loss increased
by $129k over March 2025. Revenues and usage were up but offset by an increase
in purchased power, transmission and operating costs. Increase in operating costs
included new cylinder heads that were taken out of inventory for Units 6 & 7. PCA
brought in an addition $159k for the month of March, there was no PCA for March
2025. Natural Gas Division similar from last year.
GM Carter highlighted Electric and Gas customer revenue is increased from last
year which relates to the power cost and fuel cost mechanisms. GM Carter reviewed
wholesale rates and transmission costs. Large General is carrying classes. Cash
and investments were also reviewed.
Motion by Commissioner Silvernale, second by Commissioner Crosby to Approve
the Financial Statements. Motion carried unanimously.
4. Open Forum
5. Communication
a. City Administrator— Matthew Jaunich —Absent
b. Divisions
i. Dan Lang, Engineering Services Manager — Nothing to Report
ii. Dave Hunstad, Electric Transmission/Distribution Manager
1. Construction has started up
2. Inverter on solar field was replaced, which was under warranty
3. Transformer was removed from the hotel building being torn down on
Main St.
4. Solar Grant program - Update
iii. Mike Gabrielson, Production Manager
1
1. GE will be onsite the week of May 11 to remove Unit 1
2. Plant 1 cooling tower pipe leak update
iv. Byron Bettenhausen, Natural Gas Manager - Absent
v. Jared Martig, Financial Manager —
1. Talking with insurance on Plant 1 cooling tower pipe leak
c. Human Resources — Angie Radke -
i. Compensation Study Update
ii. Welder position has been posted
d. Legal — Marc Sebora —
i. Nothing to report
e. General Manager — Jeremy Carter
i. Gave update for Byron on projects coming up, MNOPS Audit the week of
May 18t" and Fairfax Operating Agreement.
ii. Continuing to work on cooling tower project, reviewing bid documents and
gathering information
iii. COS Study update -working through modeling
6. Policies
a. Review Policies
i. Section 4 of Exempt Handbook
ii. Section 4 of Non -Exempt Handbook
No changes recommended at this time.
7. Unfinished Business
8. New Business
a. Approval of Highland Park Industrial, LLC Natural Gas Transportation and
Commodity Purchase Agreement
GM Carter presented Approval of Highland Park Industrial, LLC Natural Gas
Transportation and Commodity Purchase Agreement. Highland Park currently
transports base load and daily swing supplies of natural gas on HUC's
transmission and distribution systems. The current agreement in place expires
May 1, 2026. GM Carter reviewed the amended changes to the new agreement
which include 1) New contract will run for 10 months vs 12 months, which will
place both retail transport customers on the same contract cycle for ease of
administration, 2) All prepay language pertaining to a 4 cent discount on half the
base -load has been removed as the agreement is no longer in place, and 3) The
meter price has changed to reflect the last rate increase approved by the
commission.
Motion by Commissioner Lambert, second by Commissioner Cheney to Approve
2
Highland Park Industrial, LLC Natural Gas Transportation and Commodity
Purchase Capacity Agreement. Motion carried unanimously.
b. Approval of 1st Amendments to UFC's Transportation and Commodity
Agreements
GM Carter presented Approval of 1st Amendments to UFC's Transportation and
Commodity Agreements. There are two agreements in place with United Farmers
Co-op (UFC), which include the transportation agreement and commodity
agreement, and both expire on 10/31/2033. During the duration of the existing
contracts, UFC merged with Central Region Cooperative to form Central United
Cooperative. As a result of the merger, Central United Cooperative is assigned
the rights and obligations under the existing contracts. The 1st amendments to
both agreements reflect the amended changes to the agreements and
acknowledge the obligations placed upon the newly formed organization.
Motion by Commissioner Lambert, second by Commissioner Crosby to Approve
1st Amendments to UFC's Transportation and Commodity Agreements. Motion
carried unanimously.
c. Approval of 1 Year Extension on Current UNG Transportation Contract
GM Carter presented Approval of 1 Year Extension on Current UNG
Transportation Contract. HUC has a transportation agreement in place with
United Natural Gas (UNG), which the current contract expires on May 31, 2026.
UNG is currently in the process of selling its natural gas -related infrastructure. In
lieu of renewing a new long-term agreement, per section 3 in the existing
agreement, UNG is requesting a 1-year extension of the current agreement until
the acquisition is complete. Upon final acquisition of the natural gas assets, new
contracts will be put in place with the new buyers of the infrastructure.
Motion by Commissioner Silvernale, second by Commissioner Cheney to
Approve 1 Year Extension on Current UNG Transportation Contract. Motion
carried unanimously.
d. Approval of Fairfax Interconnect Agreement
GM Carter presented Approval of Fairfax Interconnect Agreement. This
agreement has been in place for years, however it was in New Ulm's name since
New Ulm was the main agency for Fairfax when the interconnect stations were
put in place after HUC built the pipeline. New Ulm has been taken care of New
3
Ulm's Interconnect station and Fairfax's Interconnect station. New Ulm reached
out and would like HUC to have a separate agreement with Fairfax. The
interconnect agreement establishes the commodity custody transfer point and the
interconnection point between Hutchinson's natural gas pipeline facilities and
Fairfax's natural gas pipeline facilities. The agreement also spells out the
equipment necessary at the interconnection station to transport and read the flow
of natural gas at predetermined pressures.
Motion by Commissioner Cheney, second by Commissioner Lambert to Approve
the Fairfax Interconnect Agreement. Motion carried unanimously.
e. Approval of Sterling Energy LLC Contract 1st Amendment.
Mr. Gabrielson presented Approval of Sterling Energy LLC Contract 1st
Amendment. The amendment states Sterling Energy agrees to remove Units 3, 4
and 8 from HUC's facility no later than December 31st, 2026. Any generating set
and auxiliary equipment still left on the premise as of December 31st, 2026 will
resort back in rights, title and possession to HUC.
Motion by Commissioner Lambert, second by Commissioner Crosby to Approve
Sterling Energy LLC Contract 1st Amendment. Motion carried unanimously.
f. Review of 2025 Annual Benchmarking Report
Mr. Hunstad presented the 2025 Annual Benchmarking Report. The report this
year includes HUC's data in comparison to 121 utilities in the region. The report
focuses on distribution system reliability across the country and is customized to
each utility that participates in the APPA TRX Reliability. Mr. Hunstad reviewed
the SAIDI, SAIFI, and CAIDI Summary along with where HUC ranks to others in
the region.
Commissioners thanked and congratulated Staff for the hard work.
g. Review of 2025 Safety Award of Excellence
Mr. Hunstad presented the 2025 Safety Award of Excellence. HUC has earned
the Diamond (Top) designation of the American Public Power Association Safety
Award of Excellence for safe operating practices in 2025.
h. Award Contract for Plant #1 Substation 47MVA Transformer
Mr. Lang presented Awarding Contract for Plant #1 Substation 47MVA
12
Transformer. On April 15t", HUC held a bid opening for a 115/13.8kV 47MVA
transformer for the Plant #1 Substation 115kV rebuild project. Four bids were
received, of the 4 bids, the lowest bid was disqualified for not providing a
performance bond in the amount of 100%, which is required. Staff and DGR
Engineering are recommending awarding the contract to Hitachi Energy. If
approved, Staff will look into entering into a contract with Hitachi Energy once all
documents have been reviewed.
Motion by Commissioner Silvernale, second by Commissioner Lambert to Award
Contract for Plant #1 Substation 47MVA Transformer. Motion carried
unanimously.
9. Adjourn
There being no further business, a motion by Commissioner Lambert, second by
Commissioner Crosby to adjourn the meeting at 3:38p.m. Motion carried
unanimously.
ATTEST:
Don Martinez, President
5
Matt Cheney, Secretary
Special Meeting Minutes
Special Meeting — Hutchinson Utilities Commission
Tuesday, May 19, 2026
Call to order — 7:30 a.m.
President Don Martinez called the meeting to order. Members present: President Don
Martinez; Secretary Matt Cheney; Vice President Tom Lambert; GM Jeremy Carter
Others Present: Mayor Gary Forcier; Byron Bettenhausen; and Angie Radke
Absent: Commissioner Kathy Silvernale
The purpose of the special meeting is to Approve the Crow River Parallel Project.
Mr. Bettenhausen thanked the Commissioners for coming in and presented Approval of
the Crow River Parallel Project. Three proposals were received to directional bore and
install approximately 6700' of 6" HDPE. The work was quoted based on the map provided
that shows the work starting at highway 15 on the Southwest corner of Plant 1 property,
extending to the West and ending at AFS park and tying into the line installed last year
crossing the Crow River. HUC will be purchasing all the materials for the project.
Approximate start date will be August V, 2026.
Conversation was held on DRS pressure and the depth of the piping.
Motion by Commission Cheney, second by Commissioner Lambert to Approve the Crow
River Parallel Project, Req#10586. Motion carried unanimously.
Adjourn
There being no further business, a motion by Commissioner Lambert, second by
Commissioner Cheney to adjourn the meeting at 7:36a.m. Motion carried unanimously.
ATTEST:
Don Martinez, President
Matt Cheney, Secretary
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HUTCHINSON UTILITIES COMMISSION
COMBINED DIVISIONS
FINANCIAL REPORT FOR APRIL, 2026
Combined Division
Customer Revenue
Sales for Resale
NG Transportation
Electric Division Transfer
Other Revenues
Interest Income
TOTAL REVENUES
Salaries & Benefits
Purchased Commodities
Transmission
Generator Fuel/Chem.
Depreciation
Transfers (Elect./City)
Operating Expense
Debt Interest
TOTAL EXPENSES
NET PROFIT/(LOSS)
33.3% of Year Comp.
2026 2025 Di %Chna 2026 2025 Di %Chna Full Yr Bud %of Bud
$ 2,963,233 $ 2,707,820 $ 255,413
$ 315,916 $ 713,426 $ (397,510)
$ 177,910 $ 168,307 $ 9,604
$ 60,667 $ 60,639 $ 28
$ 75,970 $ 45,839 $ 30,131
$ 47,793 $ 64,375 $ (16,582)
$ 3,641,489 $ 3,760,405 $ (118,917)
9.4%
$ 15,076,653
$ 13,128,102
$ 1,948,551
14.8%
$ 40,209,447
37.5%
(55.7%)
$ 1,432,860
$
1,615,373
$ (182,513)
(11.3%)
$ 4,339,200
33.0%
5.7%
$ 674,698
$
685,672
$ (10,974)
(1.6%)
$ 2,037,588
33.1%
0.0%
$ 242,667
$
242,555
$ 111
0.0%
$ 728,000
33.3%
65.7%
$ 246,075
$
187,949
$ 58,126
30.9%
$ 573,955
42.9%
(25.8%)
$ 177,886
$
268,562
$ (90,676)
(33.8%)
$ 583,457
30.5%
(3.2%)
$ 17,850,839
$
16,128,212
$ 1,722,626
10.7%
$ 48,471,647
36.8%
$ 691,467
$ 665,079
$ 26,388
3.97%
$ 2,771,687
$
2,555,447
$ 216,240
8.5%
$ 8,524,717
32.5%
$ 1,425,493
$ 1,404,100
$ 21,394
1.5%
$ 9,066,599
$
7,592,277
$ 1,474,322
19.4%
$ 20,816,157
43.6%
$ 294,168
$ 208,523
$ 85,645
41.1%
$ 1,143,943
$
757,058
$ 386,885
51.1%
$ 4,200,000
27.2%
$ 64,214
$ 140,121
$ (75,907)
(54.2%)
$ 316,514
$
352,376
$ (35,863)
(10.2%)
$ 2,008,656
15.8%
$ 353,650
$ 353,683
$ (34)
(0.0%)
$ 1,414,892
$
1,410,168
$ 4,724
0.3%
$ 4,190,000
33.8%
$ 222,552
$ 222,524
$ 28
0.0%
$ 890,209
$
890,097
$ 111
0.0%
$ 2,670,626
33.3%
$ 360,004
$ 345,466
$ 14,537
4.2%
$ 1,182,079
$
1,173,801
$ 8,278
0.7%
$ 3,791,274
31.2%
$ 38,805
$ 49,688
$ (10,883)
(21.9%)
$ 155,219
$
198,752
$ (43,533)
21.9%
$ 465,657
33.3%
$ 3,450,351
$ 3,389,185
$ 61,167
1.8%
$ 16,941,141
$
14,929,976
$ 2,011,165
13.5%
$ 46,667,087
36.3%
$ 191,137
$ 371,221
$ (180,083)
(48.5%)
$ 909,698
$
1,198,237
$ (288,539)
(24.1%)
$ 1,804,560
50.4%
April
April
i,
YTD
YTD
2026
2025
Change
2026
2025
Change
Gross Margin %:
36.1%
40.8%
-4.8%
29.4%
34.1%
-4.7%
Operating Income Per Revenue $ (%):
3.6%
9.0%
-5.4%
4.0%
6.5%
-2.5%
Net Income Per Revenue $ (%):
5.2%
9.9%
-4.6%
5.1%
7.4%
-2.3%
2026
HUC
Budget
Target
32.2%
2.8%N
3.7%N
uuIIUuIINNI
HUTCHINSON UTILITIES COMMISSION
ELECTRIC DIVISION
FINANCIAL REPORT FOR APRIL, 2026
333% of Year Comp.
2026
2025
Di .
%Chna
2026
2025
Di
%Chna
FullYrBud
%of Bud
Electric Division
Customer Revenue
$
1,963,394
$ 1,832,316
$
131,077
7.2%
$ 8,445,633
$
7,640,277
$ 805,356
10.5%
$ 27,471,918
30.7%
Sales for Resale
$
315,916
$ 713,426
$
(397,510)
(55.7%)
$ 1,432,860
$
1,615,373
$ (182,513)
(11.3%)
$ 4,339,200
33.0%
Other Revenues
$
51,094
$ 20,025
$
31,069
155.2%
$ 131,060
$
80,313
$ 50,747
63.2%
$ 202,862
64.6%
Interest Income
$
25,291
$ 33,582
$
(8,291)
(24.7%)
$ 94,519
$
139,857
$ (45,338)
(32.4%)
$ 308,457
30.6%
TOTAL REVENUES
$
2,355,694
$ 2,599,349
$
(243,654)
(9.4%)
$ 10,104,072
$
9,475,819
$ 628,253
6.6%
$ 32,322,437
31.3%
Salaries & Benefits $ 485,229 $ 504,645 $ (19,416)
Purchased Power $ 862,720 $ 866,430 $ (3,711)
Transmission $ 294,168 $ 208,523 $ 85,645
Generator Fuel/Chem. $ 64,214 $ 140,121 $ (75,907)
Depreciation $ 254,443 $ 255,673 $ (1,230)
Transfers (Elect./City) $ 172,817 $ 172,789 $ 28
Operating Expense $ 176,266 $ 204,744 $ (28,477)
Debt Interest $ 30,138 $ 32,771 $ (2,633)
TOTAL EXPENSES $ 2,339,994 $ 2,385,697 $ (45,703)
NET PROFIT/(LOSS) $ 15,700 $ 213,652 $ (197,952)
Electric Division
(3.8%)
$
2,023,941
$ 1,944,428
$ 79,514
4.1%
$ 6,178,442
(0.4%)
$
4,434,366
$ 3,961,827
$ 472,539
11.9%
$ 13,035,315
41.1%
$
1,143,943
$ 757,058
$ 386,885
51.1%
$ 4,200,000
(54.2%)
$
316,514
$ 352,376
$ (35,863)
(10.2%)
$ 2,008,656
(0.5%)
$
1,018,064
$ 1,018,660
$ (596)
(0.1%)
$ 3,060,000
0.0%
$
691,267
$ 691,156
$ 111
0.0%
$ 2,073,802
(13.9%)
$
777,178
$ 761,650
$ 15,528
2.0%
$ 2,553,967
(8.0%)
$
120,552
$ 131,085
$ (10,533)
jLgL
$ 361,657
$ 33,471,839
(1.9%)
$ 10,525,826 $ 9,618,240 $ 907,586 9.4%
(92.7%)
$
(421,753)
$ (142,421)
$ (279,333)
196.1%
$ (1,149,402
32.8%
34.0%
27.2%
15.8%
33.3%
33.3%
30.4%
33.3%
31.4%
36.7%
2026 2025 Di . %Chna 2026 2025 Di %Chna FullYrBud %of Bud
Residential
3,609,307
3,517,841
91,466
2.60%
16,299,549
16,366,399
(66,850)
(0.41%)
54,016,284
30.2%
All Electric
165,134
158,531
6,603
4.17%
1,043,197
1,091,516
(48,319)
(4.43%)
2,281,979
45.7%
Small General
1,310,369
1,309,504
865
0.07%
5,631,581
5,880,914
(249,333)
(4.24%)
17,753,235
31.7%
Large General
7,772,090
7,077,880
694,210
9.81%
30,073,320
26,117,730
3,955,590
15.15%
92,221,607
32.6%
Industrial
7,690,000
7,371,000
319,000
4.33%
30,739,000
32,320,000
(1,581,000)
(4.89%)
97,880,814
31.4%
Total KWH Sold
20,546,900
19,434,756
1,112,144
5.72%
83,786,647
81,776,559
2,010,088
2.46%
264,153,919
31.7%
April
April
YTD
YTD
2026
HUC
2026
2025
Change
2026
2025
Change
Budget
Target
Gross Margin %:
28.3%
36.9%
-8.7%
23.4%
28.6%
-5.2%
24.7%
24%-28%
Operating Income Per Revenue $ (%):
-0.6%
8.1%
-8.7%
-4.9%
-1.9%
-3.0%
-3.6%
0%- 1%
Net Income Per Revenue $ (%):
0.7%
8.2%
-7.6%
-4.2%
-1.5%
-2.7%
-3.6%
0%- 1%
Customer Revenue per KWH:
$0.0956
$0.0943
$0.0013
$0.1008
$0.0934
$0.0074
$0.1040
$0.1040
Total Power Supply Exp. per KWH:
$0.0801
$0.0831
-$0.0029
$0.0907
$0.0813
$0.0094
$0.0911
$0.0911
Net Profit decreased by $197,952 over April 2025. Customer revenue and usage was up but total revenues were still down due to less generation sales.
Transmission costs were higher and will continue to be all year.
Sales for Resale of $315,916 consisted of $84,916 in market sales, $98,000 in capacity sales to Rice Lake, $70,000 in capacity sales to AEP, and $63,000 in
capacity sales to Nextera. April 2025 Sales for Resale of $713,426 included $469,176 in market sales, $98,000 in capacity sales to Rice Lake and $146,250 in
capacity sales to AEP. Aprili 2024 Sales for Resale of $246,030 consisted of $1,780 in market sales, $98,000 in capacity sales to Rice Lake and $146,250 in
capacity sales to AEP.
Overall Purchased Power decreased by $3,711. MRES purchases increased by $35,740 and market purchases/MISO costs decreased by $39,451.
The average cost of MISO power was $19.57/mwh (1,910 mwh's purchased), compared to $21.26/mwh (1,750 mwh's purchased) in April 2025.
12026 PCA was $.00228/kwhr bringing in an additional $46,603 for the month and $668,493 YTD. The 4 month average PCA is $.008142
re was no PCA for April 2025 leaving the total collected at $151,798 YTD.
Gas Division
Customer Revenue
Transportation
Electric Div. Transfer
Other Revenues
Interest Income
TOTAL REVENUES
Salaries & Benefits
Purchased Gas
Operating Expense
Depreciation
Transfers (City)
Debt Interest
TOTAL EXPENSES
NET PROFIT/(LOSS)
HUTCHINSON UTILITIES COMMISSION
GAS DIVISION
FINANCIAL REPORT FOR APRIL, 2026
33.3% of Year Comp.
2026
2025
Di
%Chna
2026
2025
Di .
%Chna
Full YrBud
%of Bud
$ 999,839
$ 875,503
$
124,335
14.2%
$ 6,631,020
$
5,487,825
$
1,143,195
20.8%
$ 12,737,529
52.1%
$ 177,910
$ 168,307
$
9,604
5.7%
$ 674,698
$
685,672
$
(10,974)
(1.6%)
$ 2,037,588
33.1%
$ 60,667
$ 60,639
$
28
0.0%
$ 242,667
$
242,555
$
111
0.0%
$ 728,000
33.3%
$ 24,876
$ 25,814
$
(938)
(3.6%)
$ 115,015
$
107,636
$
7,379
6.9%
$ 371,093
31.0%
$ 22,503
$ 30,794
$
(8,291)
(26.9%)
$ 83,367
$
128,705
$
(45,338)
(35.2%)
$ 275,000
30.3%
$ 1,285,794
$ 1,161,056
$
124,738
10.7%
$ 7,746,766
$
6,652,393
$
1,094,373
16.5%
$ 16,149,210
48.0%
$ 206,237
$ 160,433
$
45,804
28.5%
$ 747,745
$
611,019
$
136,726
22.4%
$ 2,346,275
31.9%
$ 562,774
$ 537,669
$
25,104
4.7%
$ 4,632,233
$
3,630,449
$
1,001,784
27.6%
$ 7,780,842
59.5%
$ 183,737
$ 140,723
$
43,015
30.6%
$ 404,901
$
412,151
$
(7,250)
(1.8%)
$ 1,237,307
32.7%
$ 99,207
$ 98,010
$
1,197
1.2%
$ 396,828
$
391,508
$
5,320
1.4%
$ 1,130,000
35.1%
$ 49,735
$ 49,735
$
-
0.0%
$ 198,941
$
198,941
$
0
0.0%
$ 596,824
33.3%
$ 8,667
$ 16,917
$
(8,250)
0.0%
$ 34,667
$
67,667
$
(33,000)
48.8%
$ 104,000
33.3%
$ 1,110,357
$ 1,003,488
$
106,869
10.6%
$ 6,415,315
$
5,311,736
$
1,103,579
20.8%
$ 13,195,248
48.6%
$ 175,437
$ 157,569
$
17,868
11.3%1
1,331,451
$
1,340,657
$
(9,206)
(0.7%)
$ 2,953,962
45.1%
o 33.3° .
f Year Comp.
� P
2026
2025
Di .
%Chnq
2026
2025
Di
%Chnq
Full YrBud
%of Bud
Gas Division
Residential 30,974,409
30,068,592
905,817
3.01%
227,301,973
238,730,515
(11,428,542)
(4.79%)
410,283,000
55.4%
Commercial 22,894,952
22,140,903
754,049
3.41%
163,418,462
169,485,559
(6,067,097)
(3.58%)
317,957,000
51.4%
Industrial 67,365,215
66,749,489
615,726
0.92%
338,057,568
349,337,519
(11,279,951)
(3.23%)
820,578,000
41.2%
Total CF Sold 121,234,576
118,958,984
2,275,592
1.91%1
728,778,003
757,553,593
(28,775,590)
(3.80%)l
1,548,818,000
47.1%
April
April
YTD
YTD
2026
HUC
2026
2025
Change
2026
2025
Change
Budget
Target
Gross Margin %:
50.5%
49.8%
0.7%
37.2%
42.0%
-4.8%
47.7%
Operating Income Per Revenue $ (%):
11.4%
11.1%
0.3%
15.6%
18.5%
-2.9%
15.9%
Net Income Per Revenue $ (%):
13.6%
13.6%
0.1%
17.2%
20.2%
-3.0%
18.3%
Contracted Customer Rev. per CF:
$0.0067
$0.0067
$0.0001
$0.0079
$0.0068
$0.0011
$0.0069
Customer Revenue per CF:
$0.0099
$0.0081
$0.0018
$0.0101
$0.0076
$0.0025
$0.0095
Total N.G. Supply Exp. per CF:
$0.0051
$0.0047
$0.0004
$0.0065
$0.0049
$0.0016
$0.0053
Notes/Graphs:
April Net Income increased by $17,868. Usage and revenues were increased compared to April 2025. The increased revenue was offset some by higher
purchased gas and employee costs. Operating expenses were higher due to backhoe repairs and sandblasting and painting of stations.
There was no Fuel Cost Adjustment for April 2026 leaving the amount collected from customers at $556,747 YTD.
April 2025 Fuel Cost "Credit" Adjustment was $1.83612/MCF crediting customers $102,739 for the month and $457,193 YTD.
HUTCHINSON UTILITIES COMMISSION
BALANCE SHEET - CONSOLIDATED
APRIL 30, 2026
Electric
Gas
Total
Total
Net Change
Division
Division
2026
2025
Total (YTD)
Current Assets
UnrestrictedlUndesignated Cash
Cash
(9,212,464.54)
15,996,333.50
6,783,868.96
12,586,205.85
(5,802,336.89)
Petty Cash
680.00
170.00
850.00
850.00
-
Designated Cash
Capital Expenditures - Five Yr. CIP
2,750,000.00
700,000.00
3,450,000.00
3,450,000.00
-
Payment in Lieu of Taxes
1,345,802.00
596,824.00
1,942,626.00
1,942,626.00
-
Rate Stabilization - Electric
1,301,838.58
-
1,301,838.58
749,832.41
552,006.17
Rate Stabilization - Gas
-
356,816.18
356,816.18
615,294.19
(258,478.01)
Catastrophic Funds
800,000.00
200,000.00
1,000,000.00
1,000,000.00
-
Restticted Cash
Bond & Interest Payment 2017
492,356.80
-
492,356.80
493,423.43
(1,066.63)
Bond & Interest Payment 2012
-
910,000.00
910,000.00
909,583.31
416.69
Debt Service Reserve Funds
1,175,000.00
2,072,000.00
3,247,000.00
3,255,256.00
(8,256.00)
Total Current Assets
(1,346,787.16)
20,832,143.68
19,485,356.52
25,003,071.19
(5,517,714.67)
Receivables
Accounts (net of uncollectible allowances)
2,066,939.62
977,819.58
3,044,759.20
2,638,428.48
406,330.72
Interest
49,785.32
49,785.33
99,570.65
148,628.57
(49,057.92)
Total Receivables
2,116,724.94
1,027,604.91
3,144,329.85
2,787,057.05
357,272.80
Other Assets
Inventory
2,389,452.54
510,043.12
2,899,495.66
2,628,938.49
270,557.17
Prepaid Expenses
265,453.85
80,376.19
345,830.04
464,126.86
(118,296.82)
Sales Tax Receivable
138,513.88
-
138,513.88
408,613.58
(270,099.70)
Deferred Outflows- Electric
371,991.00
-
371,991.00
342,759.00
29,232.00
Deferred Outflows - Gas
-
123,997.00
123,997.00
114,253.00
9,744.00
Total Other Assets
3,165,411.27
714,416.31
3,879,827.58
3,958,690.93
(78,863.35)
Total Current Assets
3,935,349.05
22,574,164.90
26,509,513.95
31,748,819.17
(5,239,305.22)
Capital Assets
Land & Land Rights
690,368.40
3,899,918.60
4,590,287.00
4,590,287.00
-
Depreciable Capital Assets
95,283,676.09
45,149,321.56
140,432,997.65
139,422,804.27
1,010,193.38
Accumulated Depreciation
(52,074,313.96)
(23,778,224.51)
(75,852,538.47)
(71,893,347.77)
(3,959,190.70)
Construction - Work in Progress
10,900,038.13
24,108.87
10,924,147.00
2,834,446.34
8,089,700.66
Total Net Capital Assets
54,799,768.66
25,295,124.52
80,094,893.18
74,954,189.84
5,140,703.34
Total Assets 58,735,117.71 47,869,289.42 106,604,407.13 106,703,009.01 (98,601.88)
Current Liabilities
Current Portion of Long-term Debt
Bonds Payable
Bond Premium
Lease Liability - Solar Array
Accounts Payable
Accrued Expenses
Accrued Interest
Accrued Payroll
Total Current Liabilities
Long -Term Liabilities
Noncurrent Portion of Long-term Debt
2017 Bonds
2012 Bonds
Bond Premium 2012
Pension Liability- Electric
Pension Liability - Electric OPEB
Pension Liability - Nat Gas
Pension Liability - Nat Gas OPEB
Accrued Vacation Payable
Accrued Severance
Deferred Outflows - Electric
Deferred Outflows - Nat Gas
Total Long -Term Liabilities
Net Position
Retained Earnings
Total Net Position
HUTCHINSON UTILITIES COMMISSION
BALANCE SHEET - CONSOLIDATED
APRIL 30, 2026
Electric Gas Total
Division Division 2026
820,000.00
19, 546.00
2,421,649.16
150,690.15
112,959.97
3,524,845.28
10,930,000.00
387,543.12
1, 585, 328.00
42,211.00
635,863.89
224,153.38
1,087,158.00
14,892,257.39
2,080,000.00
185,608.32
952,757.85
43,333.25
50,781.58
3,312,481.00
(77,337.17)
528,443.00
14,071.00
224,492.28
44,404.41
362,386.00
1,096,459.52
2,900,000.00
185,608.32
19, 546.00
3,374,407.01
194,023.40
163,741.55
6,837,326.28
10,930,000.00
310,205.95
1, 585, 328.00
42,211.00
528,443.00
14,071.00
860,356.17
268,557.79
1,087,158.00
362,386.00
15,988,716.91
Total Net Change
2025 Total (YTD)
2, 770, 000.00 130, 000.00
185,608.32 -
- 19,546.00
3,217,597.96 156,809.05
248,440.10 (54,416.70)
144,886.39 18,855.16
6,566,532.77 270,793.51
11,750,000.00
(820,000.00)
2,080,000.00
(2,080,000.00)
529,271.23
(219,065.28)
1,832,248.00
(246,920.00)
39,880.00
2,331.00
610,749.00
(82,306.00)
13,293.00
778.00
739,330.02
121,026.15
245,721.73
22,836.06
1,294,449.00
(207,291.00)
431,483.00
(69,097.00)
19,566,424.98 (3,577,708.07)
40,318,015.04 43,460,348.90 83,778,363.94 80,570,051.26 3,208,312.68
40,318,015.04 43,460,348.90 83,778,363.94 80,570,051.26 3,208,312.68
Total Liabilities and Net Position 58,735,117.71 47,869,289.42 106,604,407.13 106,703,009.01 (98,601.88)
Hutchinson Utilities Commission
Cash -Designations Report, Combined
4/30/2026
Financial
Institution
Current Interest Rate
Annual
Interest
Balance,
April 2026
Balance,
March 2026
Change in
Cash/Reserve
Position
Savings, Checking, Investments varies varies varies 19,485,356.52 18,667,762.15 817,594.37
Total Operating Funds 19,485,356.52 18,667,762.15 817,594.37
Debt Reserve Requirements Bond Covenants - sinking fund
Debt Reserve Requirements Bond Covenants -1 year Max. P & I
Total Restricted Funds
Operating Reserve
Rate Stabalization Funds
PILOT Funds
Catastrophic Funds
Capital Reserves
Total Designated Funds
Min 60 days of 2026 Operating Bud.
Charter (Formula Only)
Risk Mitigation Amount
5 Year CIP (2026-2030 Fleet & Infrastructure Maintenance)
1,402,356.80 1,121,885.44 280,471.36
3,247,000.00 3,247,000.00 -
4,649,356.80 4,368,885.44 280,471.36
7,079,514.50
7,079,514.50 -
1,658,654.76
1,621,415.37 37,239.39
1,942,626.00
1,942,626.00 -
1, 000, 000.00
1, 000, 000.00
3,450,000.00
3,450,000.00 -
15,130,795.26
15,093,555.87 37,239.39
YE
YE
YE
YE
YTD
HUC
2022
2023
2024
2025
2026
Target
Debt to Asset 31.4%
28.6%
26.0%
22.3%
21.4%
Current Ratio 4.47
4.48
3.67
3.10
3.13
RONA -1.38%
1.96%
2.63%
3.23%
0.96%
Historical Change
in Cash Balance
Month End
Electric
Elec. Change
Natural Gas
Gas Change
Total
Total Change
4/30/2026
(1,346,787)
20,832,144
19,485,357
12/31/2025
(416,323)
(930,464)
18,975,091
1,857,053
18,558,768
926,589
12/31/2024
6,134,710
(6,551,033)
17,717,453
1,257,638
23,852,164
(5,293,396)
12/31/2023
12,158,338
(6,023,628)
15,622,242
2,095,211
27,780,580
(3,928,416)
12/31/2022
11,633,212
525,126
15,450,554
171,688
27,083,766
696,815
12/31/2021
12,870,253
(1,237,041)
15,086,000
364,554
27,956,253
(872,487)
12/31/2020
14,239,233
(1,368,981)
15,019,173
66,827
29,258,406
(1,302,153)
12/31/2019
12,124,142
2,115,092
13,837,040
1,182,133
25,961,181
3,297,225
12/31/2018
15,559,867
(3,435,725)
12,335,998
1,501,042
27,895,864
(1,934,683)
12/31/2017
23,213,245
(7,653,378)
10,702,689
1,633,309
33,915,934
(6,020,070)
12/31/2016
8,612,801
14,600,444
9,500,074
1,202,615
18,112,875
15,803,059
12/31/2015
6,170,790
2,442,011
9,037,373
462,701
15,208,163
2,904,712
12/31/2014
3,598,821
2,571,969
6,765,165
2,272,208
10,363,986
4,844,177
* 2017's Significant increase in cash balance is due to issuing bonds for the generator project.
Hutchinson Utilities Commission
Cash -Designations Report, Electric
4/30/2026
Change in
Financial
Annual
Balance,
Balance,
Cash/Reserve
Institution
Current Interest Rate
Interest
April 2026
March 2026
Position
�' Rr
Savings, Checking, Investments varies varies varies 19,485,356.52 18,667,762.15 817,594.37
Total HUC Operating Funds 19,485,356.52 18,667,762.15 817,594.37
Debt Restricted Requirements
Debt Restricted Requirements
Total Restricted Funds
Bond Covenants - sinking fund
Bond Covenants -1 year Max. P & 1
492,356.80
1,175,000.00
1,667,356.80
393,885.44
1,175,000.00
1,568,885.44
98,471.36
-
98,471.36
Excess Reserves Less Restrictions,
Electric
(3,014,143.96)
(3,175,345.19)
161,201.23
J11J! !!1 1 !1
J
Operating Reserve
Min 60 days of 2026 Operating Bud.
5,068,639.83
5,068,639.83
-
Rate Stabalization Funds
$400K-$1.2K
1,301,838.58
1,301,838.58
PILOT Funds
Charter (Formula Only)
1,345,802.00
1,345,802.00
Catastrophic Funds
Risk Mitigation Amount
800,000.00
800,000.00
Capital Reserves
5 Year CIP (2026-2030 Fleet & Infrastructure Maintenance)
2,750,000.00
2,750,000.00
Total Designated Funds
11,266,280.41
11,266,280.41
-
Excess Reserves Less Restrictions
& Designations, Electric
:0
YE YE YE YE
YTD
APPA Ratio
HUC
2022 2023 2024 2025
2026
5K-10K Cust.
Target
Debt to Asset Ratio (* w/Gen.)
34.8% 34.0% 33.9% 31.6%
31.4%
39.8%
pp ppppp
ryry NNNNNNNNNNNN
Current Ratio
4.96 4.35 2.38 0.80
0.54
3.75
>2.0
RONA
-4.2% -0.9% -2.1% 0.4%
-0.8%
NA
>0%
Hutchinson Utilities Commission
Cash -Designations Report, Gas
4/30/2026
Change in
Financial
Annual
Balance,
Balance,
Cash/Reserve
Institution
Current Interest Rate
Interest
April 2026
March 2026
Position
F�' Rr
Savings, Checking, Investments varies varies varies 19,485,356.52 18,667,762.15 817,594.37
Total HUC Operating Funds 19,485,356.52 18,667,762.15 817,594.37
Debt Restricted Requirements
Bond Covenants - sinking fund
910,000.00
728,000.00
182,000.00
Debt Restricted Requirements
Bond Covenants -1 year Max. P & 1
2,072,000.00
2,072,000.00
-
Total Restricted Funds
2,982,000.00
2,800,000.00
182,000.00
Excess Reserves Less Restrictions,
Gas
17,850,143.68
17,474,221.90
375,921.78
1 1 JJJ1 111 1 11
J J
Operating Reserve
Min 60 days of 2026 Operating Bud.
2,010,874.67
2,010,874.67
-
Rate Stabalization Funds
$200K-$600K
356,816.18
319,576.79
37,239.39
PILOT Funds
Charter (Formula Only)
596,824.00
596,824.00
-
Catastrophic Funds
Risk Mitigation Amount
200,000.00
200,000.00
Capital Reserves
5 Year CIP (2026-2030 Fleet & Infrastructure Maintenance)
700,000.00
700,000.00
-
Total Designated Funds
3,864,514.85
3,827,275.46
37,239.39
YE
YE
YE
YE
YTD
HUC
2022
2023
2024
2025
2026
AGA Ratio
Target
Debt to Asset 26.5%
21.0%
15.5%
10.6%
9.2%
35%-50%
Current Ratio 4.06
4.61
5.08
5.18
5.88
1.0-3.0
RONA 3.0%
6.2%
9.1%
7%
3.2%
2%-5%
Notes/Graphs:
ELECTRIC DIVISION
Operating Revenue
April 2026
CLASS
AMOUNT
KWH
/KWH
Street Lights
20.88
383
$0.0545
Electric Residential Service
$446,073.80
3,609,307
$0.1236
All Electric Residential Service
$19,765.39
165,134
$0.1197
Electric Small General Service
$152,164.67
1,310,369
$0.1161
Electric Large General Service
$731,307.91
7,772,090
$0.0941
Electric Large Industrial Service
$614,061.20
7,690,000
$0.0799
Total
$1,963,393.85
20,547,283
$0.0956
Power Adjustment
$0.00228
Rate Without Power Adjustment
$0.09328
Electric Division Year -to -Date
® 2026 $ Amount ❑ 2025 $ Amount ® 2026 KWH110 ❑ 2025 KWH110
12,000,000
10,000,000
8,000,000
6,000,000
4,000,000
2,000,000
0 EM
Residential All Elec. Resid. Small Gen. Srv. Large Gen. Srv. Large Industrial Sales For Resale Total
NOTE: This graph includes sales for resale (capacity and energy sales) but excludes street lights and security lights
NATURAL GAS DIVISION
Operating Revenue
April 2026
CLASS
AMOUNT
MCF
/MCF
Residential
$319,104.16
30,974
$10.3022
Commercial
$221,397.32
22,895
$9.6701
Large Industrial
$29,711.46
3,591
$8.2734
Large Industrial Contracts
$429,625.85
63,774
$6.7367
Total
$999,838.79
121,235
$8.2471
Fuel Adjustment $0.00000
Rate Without Fuel Adjustment $8.24714
Natural Gas Division Year -to -Date
❑ 2026 $ Amount ❑ 2025 $ Amount m 2026 MCF ❑ 2025 MCF
7,000,000
6,000,000
5,000,000
4,000,000
3,000,000
2,000,000
1,000,000
0
Gas Residential Gas Commercial Large Industrial Large Industrial Total
Contracts
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HUTCHINSON UTILITIES COMMISSION
Board Action Form
�rre tit'
Agenda Item: Review Policies
Presenter: Angie Radke
Agenda Item Type:
Time Requested (Minutes): 5
Review Policies
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
As part of HUC's standard operating procedures, a continual policy review is practiced.
This month, the following policies were reviewed and no changes are recommended on
these policies at this time:
i. Section 5 of Exempt Handbook
ii. Section 5 of Non -Exempt Handbook
BOARD ACTION REQUESTED:
None
Fiscal Impact:
Included in current budget: Budget Change:
PROJECT SECTION:
Total Project Cost: Remaining Cost:
EXEMPT
VACATION
Exempt employees shall accrue paid vacation on the employment anniversary date according
to the following schedule:
Years Employed
Upon Hire
After 6 months
1
6
10
11
12
13
14
15
16
17
18
19+
Total Hrs.
Earned
20
40
80
120
128
136
144
152
160
168
176
184
192
200
Vacation Earned Per Pay Period
First 12 Pa Period
Accruals
1.53
3.08
First 25 Pa Period
Accruals
3.08
4.62
4.93
5.24
5.54
5.85
6.16
6.47
6.77
7.08
7.39
7.70
Last Pa Period
Accrual
1.64
3.04
Last Pa Period
Accrual
3.00
4.50
4.75
5.00
5.50
5.75
6.00
6.25
6.75
7.00
7.25
7.50
Vacation may be used after completion of the probationary period. Employees must receive prior
approval of their vacation requests from their Manager or Supervisor.
A vacation request for more than one day must be submitted at least two workdays in advance.
(For example, if an employee is scheduled to work Wednesday, Thursday, Monday and the
employee wants to take Monday afternoon as vacation, the employee must submit a request in
person by Wednesday afternoon.)
An employee may carry over up to a maximum of two times their annual vacation accrual into the
subsequent calendar year. Vacation year is defined as a calendar year. After the first year of
employment an employee is required to use a minimum of 40 hours of vacation per calendar year.
If the Employer determines that due to workload, an employee cannot utilize sufficient accrued
vacation, by mutual agreement between the employee and the Employer, either a temporary
extension beyond the maximum carryover amount may be granted or a vacation payout of not to
exceed 40 hours will be granted.
Employees who are on vacation and experience a disabling accident or illness may use sick leave
instead of vacation upon providing their Manager or Supervisor appropriate proof of the accident
or illness.
HOLIDAYS
Employees are eligible for holiday pay effective immediately upon hire. HUC shall observe the
following days as holidays:
• New Year's Day
• Martin Luther King Day
• President's Day
• Memorial Day
• Juneteenth
• Fourth of July
• Labor Day
• Veteran's Day
• Thanksgiving Day
• Christmas Day
If the holiday falls on a Sunday, the following Monday shall be the holiday. If the holiday falls on
a Saturday, the preceding Friday shall be the holiday.
If Christmas falls on a Tuesday, Wednesday, Thursday or Friday, then the preceding day shall be
a Christmas Eve Day holiday. Additionally, there shall be two (2) floating holidays determined by
mutual agreement between the employee and Manager or Supervisor. If Christmas falls on a
Saturday, Sunday, or Monday, there shall be no Christmas Eve Day holiday but there shall be three
(3) floating holidays determined by mutual agreement between the employee and Manager or
Supervisor. Floating holidays must be used by the end of each calendar year.
Employees shall be paid eight (8) hours straight time for each of the holidays.
Temporary employees who work on a holiday shall be paid at the employee's regular base pay rate
and shall not receive holiday pay for hours not worked.
LIFE INSURANCE
HUC provides group term life insurance with accidental death and dismemberment for all full-
time employees. HUC also offers voluntary term life insurance for all full-time employees.
Information on life insurance is available through human resources/payroll.
HEALTH/DENTAL INSURANCE
HUC provides an opportunity for employees to participate in a group health (HSA)/dental
insurance program. Employees are eligible for coverage the first of the month following hire date.
Contact human resources/payroll for information regarding benefits and participation levels.
Contact the human resources/payroll for information about continuation of health/dental insurance
coverage after leaving.
For those employees who participate in the high deductible family plan, HUC will contribute
$4,000 annually into the HSA and for those employees participating in the high deductible single
plan, HUC will contribute $2,000 annually into the HSA. Contributions are made in bi-weekly
installments.
Based on Internal Revenue Service rules, an employee must be an eligible individual to qualify for
an HSA including generally having no other health coverage that is not a high deductible health
plan.
Veterans of the United States armed forces who receive medical benefits from the Veterans
Administration (VA) or employees who are enrolled in TRICARE, which is health insurance
available to active duty and retired service and reserve members and their dependents, are therefore
not eligible to qualify for an HSA, but are eligible to participate in the high deductible health plan.
A veteran who receives medical benefits from the Veterans Administration (VA) or employees
who are enrolled in TRICARE who participate in the high deductible family plan, but who is/are
not eligible to qualify for an HSA, shall receive $4,000 annually in two equal installments in lieu
of said monies being deposited in an HSA.
A veteran who receives medical benefits from the Veterans Administration (VA) or employees
who are enrolled in TRICARE who participates in the high deductible single plan, but who is/are
not eligible to qualify for an HSA, shall receive $2,000 annually in two equal installments in lieu
of said monies being deposited in an HSA.
DISABILITY INSURANCE
HUC pays the entire premium of a long-term disability insurance policy for all employees.
Information on disability insurance is available through human resources/payroll.
FAMILY AND MEDICAL LEAVE (FMLA)
Pursuant to the Family and Medical Leave Act, employees are allowed up to 12 weeks unpaid
leave during a 12-month period for the following reasons:
• Birth or care of the newborn child of the employee
• Placement with the employee of a child for adoption or foster care
• Serious health condition of the employee that makes the employee unable to perform the
functions of the position of such employee
• In order to care for an employee's dependent child, spouse, or parent suffering from a
serious health condition
• Any qualifying exigency arising out of the fact that the spouse, or a son, daughter or parent
of the employee is on active duty, or has been notified of an impending call or order to
active duty) in the Armed Forces in support of a contingency operation.
Up to twenty-six (26) weeks of protected leave per twelve (12) month period shall be granted to
all eligible employees for the following reasons:
• An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered
service member shall be entitled to a total of 26 workweeks of leave during a twelve (12)
month period to care for the service member. The leave described in this paragraph shall
only be available during a single twelve (12) month period.
• A covered service member is defined as a member of the Armed Forces, including a
member of the National Guard or Reserves, who is undergoing medical treatment,
recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary
disability retired list, for a serious injury or illness. The term "serious injury or illness", in
the case of a member of the Armed Forces, including a member of the National Guard or
Reserves, means an injury or illness incurred by the member in the line of duty on active
duty in the Armed Forces that may render the member medically unfit to perform the duties
of the member's office, grade, rank, or rating.
Spouses employed by HUC, both in regular positions, are jointly entitled to a combined total of
12 work weeks of family leave for the birth and care of a newborn child, for placement of a child
for adoption or foster care, and to care for a parent who has a serious health condition. Spouses are
entitled to a combined total of 26 weeks during a single twelve (12) month period to care for an
eligible service member.
During the single twelve (12) month period, an eligible employee shall be entitled to a combined
total of 26 work weeks of total leave allowed under the FMLA.
To be eligible for FMLA leave, the employee must have worked at least one year for HUC and
worked at least 1,040 hours during the previous 12 months.
In order to receive FMLA leave, the employee must request the leave by providing human
resources/payroll 30-day's notice prior to the requested starting date of the leave. If 30-day's notice
is not possible, the employee must provide as much notice as possible. Human resources/payroll
shall provide the employee a "Medical Certificate" which must be completed by the employee's
physician and returned to human resources/payroll. Pursuant to the FMLA, HUC may request a
second opinion from another medical provider at HUC's expense. If the second opinion is different
from the employee's physician's opinion, HUC shall seek a third opinion at HUC's expense. The
third opinion shall prevail. HUC may require that a request for leave related to active duty or call
to active duty be supported by a certification issued by the health care provider of the service
member being cared for by the employee.
The 12 weeks of available FMLA leave extend over 12 months. To determine whether the
employee has any FMLA leave remaining, human resources/payroll shall review the 12 months
preceding the request for FMLA. An employee may use the 12 weeks of FMLA leave
intermittently over the 12-month period if necessary and may take the leave in increments of one
hour or more.
HUC may require a medical certificate attesting to the employee's fitness for duty prior to return
to work. The fitness for duty report must be based on the particular health condition(s) for which
the leave was approved and must address whether the employee can perform the essential functions
of his/her regular position.
An employee on FMLA leave for serious illness of the employee, the employee's spouse,
dependent child or parent shall be required to use vacation or sick leave concurrent with the FMLA
leave.
HUC shall continue to pay its contribution toward health and dental insurance while an employee
is on FMLA leave. The employee shall be required to continue payment of the employee portion
of the premiums during the leave. If the employee fails to pay their portion of the premiums, HUC
may terminate their insurance coverage subject to COBRA requirements. At the end of FMLA
leave, an employee shall be returned to his/her former position or an equivalent position.
For more information on FMLA leave, see human resources/payroll.
PREGNANCY AND PARENTING LEAVE
Pursuant to the Minnesota Pregnancy and Parenting Act, all employees are entitled to take an
unpaid leave of absence. Female employees are eligible for prenatal care, or incapacity due to
pregnancy, childbirth, or related health conditions as well as a biological or adoptive parent in
conjunction with the birth or adoption of a child are eligible for up to twelve (12) weeks of unpaid
leave. Any paid or unpaid leave taken for prenatal care medical appointments will not count toward
the 12-week leave. Additionally, leave under this section must begin within twelve (12) months
of the birth or adoption of the child. In the case where the child must remain in the hospital longer
than the mother, the leave must begin within twelve (12) months after the child leaves the hospital.
Eligible employees should provide reasonable notice, which is at least thirty (30) days written
notice to human resources/payroll of their desire to take parental leave. Employees may choose to
use their paid leave banks, such as sick leave or vacation.
If the employee is also eligible for FMLA leave, the pregnancy and parenting leave under this
section and FMLA leave shall run concurrently.
The employee is entitled to return to work in the same position and at the same rate of pay the
employee was receiving prior to commencement of the leave. Group insurance coverage will
remain available while the employee is on leave pursuant to the Pregnancy and Parenting Leave
Act, but the employee will be responsible for the employee share of the premium unless otherwise
provided in this policy (i.e., where leave is also FMLA qualifying). For employees on an FMLA
leave absence as well, the employer contributions toward insurance benefits will continue during
the FMLA leave absence.
REASONABLE PAID WORK TIME FOR NURSING MOTHERS
Nursing mothers will be provided reasonable paid break times to express milk for nursing her child
for one year after the child's birth. HUC will provide a room (other than a bathroom) as close as
possible to the employee's work area, that is shielded from view and free from intrusion from
coworkers and the public and includes access to an electrical outlet, where the nursing mother can
express milk in private.
REASONABLE ACCOMMODATIONS TO AN EMPLOYEE FOR HEALTH
CONDITIONS RELATING TO PREGNANCY
HUC will attempt to provide a female employee who requests reasonable accommodation with
the following for her health conditions related to her pregnancy or childbirth. Without advice of a
licensed health care provider or certified doula:
• More frequent restroom, food and water breaks;
Seating; and/or
Limits on lifting over 20 pounds and/or
Additionally, an employer must provide reasonable accommodations, including, but not limited
to, temporary leaves of absence, modification in work schedule or job assignments, seating, more
frequent or longer break periods and limits to heavy lifting to an employee for health conditions
related to pregnancy or childbirth upon request, with the advice of a licensed health care provider
or certified doula, unless the employer demonstrates the accommodation would impose an undue
hardship on the operation of the employer's business. In accordance with state law, no employee
is required to take a leave of absence for a pregnancy nor accept a pregnancy accommodation.
An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or
discriminate against an employee for asserting reasonable accommodations pregnancy rights or
remedies
SICK LEAVE
1. Sick leave shall be granted to all probationary and non -probationary employees at a rate of
eight (8) hours per month.
2. Sick leave may be granted for absence from duty due to personal illness, or for the illness of
an immediate family (See Definitions) member on the same terms the employee is able to use
sick leave benefits for their own illness, including appointments for necessary medical, dental
or eye care, legal quarantine, or brief emergency situation (not to exceed one day) in the
immediate family (See Definitions).
3. Sick leave cannot be accumulated beyond 720 hours. After the accumulation of 720 hours, a
payback of one-half of the amount over 720 hours shall be made annually on or about February
1.
4. Upon retirement or death before retirement, a payback of one-third of any unused sick leave
which has been accumulated shall be made. If the employee resigns or is dismissed, the above
payment shall not be made. In case of death during employment, the unused sick leave shall
be paid to his/her estate on the same percentage as above.
5. Requests for sick leave consideration in case of other emergency situations may be brought to
the Manager or Supervisor.
6. A maximum of five days funeral leave may be allowed when necessary in the case of death in
the immediate family (See Definitions).
7. If an employee becomes ill and must stay home from work, he/she shall notify their Manager
or Supervisor before their work day begins.
8. If an employee becomes ill during his/her regular work day, they shall notify their Manager or
Supervisor that it is necessary to leave due to illness.
9. Employees may be required to submit a medical certificate for any sick leave, at the discretion
of the Manager or Supervisor.
10. The use or claim of sick leave for apurpose not authorized may be cause for disciplinary action.
11. For the purpose of accumulating additional vacation or sick leave, an employee using earned
vacation or sick leave is considered to be in a paid or working status.
12. Employees that are injured while engaged in after hours' employment of others or while self
employed, shall not be covered under HUC's Sick Leave Policy, or Worker's Compensation
benefits.
13. An employee who is determined to be eligible for workers compensation benefits during
absence from duty shall receive such benefits pursuant to "Worker's Compensation" in the
Employee Handbook.
14. HUC shall comply with the Family and Medical Leave Act, the Minnesota Parental Leave Act
and the Americans with Disabilities Act.
15. Safety leave. Employees are authorized to use sick leave for reasonable absences for
themselves or immediate family (See Definitions) who are providing or receiving assistance
because they, or a relative, is a victim of sexual assault, domestic abuse, or stalking. Safety
leave for those listed, other than the employee and the employee's child, is limited to 160 hours
in any calendar year. After accrued sick leave has been exhausted, vacation leave may be used
upon approval of the General Manager, to the extent the employee is entitled to such leave.
EARNED SICK AND SAFE LEAVE
This Policy defines Hutchinson Utilities' compliance with the Minnesota Earned Sick and Safe
Time (ESST) law outlined in Minnesota Statutes, §§ 181.9445 to 181.9448, effective January 1,
2024. Earned Sick and Safe Leave (ESST) is paid leave employers must provide to employees
in Minnesota that can be used for certain reasons. The hourly rate of paid ESST is the same
hourly rate an employee earns from employment with Hutchinson Utilities.
This ESST Policy applies to employees who work in the State of Minnesota as an employee of the
County for at least eighty (80) hours in a year, including seasonal, temporary, on -call, casual
employees; and all full-time and part-time employees.
For purposes of ESST compliance, the leave year is defined as the calendar year — January 1
through December 31.
FOR FULL-TIME EMPLOYEES:
For purposes of satisfying ESST, Hutchinson Utilities has previously negotiated or provided to
employees paid vacation and sick leave which meets or exceed ESST minimum requirements
under the law.
The first 48 hours of paid vacation/sick leave used will be cross -designated as ESST. If the
employee chooses to use paid vacation/sick leave for reasons other than those outlined in this
policy as ESST eligible hours, the employee will not be provided with additional ESST
hours. While an employee may use paid vacation/sick leave hours for an ESST purpose, the
employee will not be provided with additional ESST hours once available hours have been
exhausted.
Once an employee has used their yearly 48 hours of ESST (or up to a maximum of 80 hours if an
employee has any ESST carry over from prior years), none of their remaining vacation/sick leave
they subsequently accrue or use in that year will be designated as ESST. Accordingly, the
provisions of Minn. Stat. §§ 181.9445 — 181.9448 or this policy do not apply to paid vacation/sick
leave taken after an employee has used their yearly ESST entitlement.
FOR SEASONAL EMPLOYEES:
All seasonal employees are eligible to earn ESST when at least 80 hours of work are performed in
a calendar year (January 1 — December 31).
An employee who works at least 80 hours in a calendar year will earn one (1) hour of ESST leave
for every 30 hours worked, up to a maximum accrual of 48 hours per calendar year. Employees
begin accruing ESST on their first day of employment. Employees may roll over unused ESST to
the next year up to a maximum accrual of 80 ESST hours. For the purposes of this policy, ESST
leave used by an employee does not count towards hours worked.
Accrued and unused ESST will not be paid out to seasonal employees upon separation from
employment.
Earned Sick and Safe Leave Use
The leave may be used as it is accrued in the smallest increment of time tracked by the employer's
payroll system and may be used for the following circumstances:
• An employee's own:
o Mental or physical illness, injury or other health condition
o Need for medical diagnosis, care or treatment, of a mental or physical illness
o injury or health condition
o Need for preventative care
o Closure of the employee's place of business due to weather or other public
emergency
o The employee's inability to work or telework because the employee is prohibited
from working by the city due to health concerns related to the potential
transmission of a communicable illness related to a public emergency, or seeking
or awaiting the results of a diagnostic test for, or a medical diagnosis of, a
communicable disease related to a public emergency and the employee has been
exposed to a communicable disease or the city has requested a test or diagnosis.
o Absence due to domestic abuse, sexual assault, or stalking of the employee
provided the absence is to:
■ Seek medical attention related to physical or psychological injury or
disability caused by domestic abuse, sexual assault, or stalking
■ Obtain services from a victim services organization
■ Obtain psychological or other counseling
■ Seek relocation or take steps to secure an existing home due to domestic
abuse, sexual assault or stalking
■ Seek legal advice or take legal action, including preparing for or
participating in any civil or criminal legal proceeding related to or
resulting from domestic abuse, sexual assault, or stalking
o Care of a family member:
o With mental or physical illness, injury or other health condition Who needs
medical diagnosis, care or treatment of a mental or physical illness, injury or other
health condition Who needs preventative medical or health care Whose school or
place of care has been closed due to weather or other public emergency When it
has been determined by health authority or a health care professional that the
presence of the family member of the employee in the community would
jeopardize the health of others because of the exposure of the family member of
the employee to a communicable disease, whether or not the family member has
actually contracted the communicable disease
o Absence due to domestic abuse, sexual assault or stalking of the employee's
family member provided the absence is to:
■ Seek medical attention related to physical or psychological injury or
disability caused by domestic abuse, sexual assault, or stalking
Obtain services from a victim services organization
■ Obtain psychological or other counseling
■ Seek relocation or take steps to secure an existing home due to domestic
abuse, sexual assault or stalking
■ Seek legal advice or take legal action, including preparing for or
participating in any civil or criminal legal proceeding related to or
resulting from domestic abuse, sexual assault, or stalking
For Earned Sick and Safe Leave burnoses_ familv member includes an emblovee's:
• Spouse or registered domestic partner
• Child, foster child, adult child, legal ward, child for whom the employee is legal
guardian, or child to whom the employee stands or stood in loco parentis
• Sibling, step sibling or foster sibling
• Biological, adoptive or foster parent, stepparent or a person who stood in loco parentis
when the employee was a minor child
• Grandchild, foster grandchild or step grandchild
• Grandparent or step grandparent
• A child of a sibling of the employee
• A sibling of the parent of the employee or
• A child -in-law or sibling -in-law
• Any of the above family members of a spouse or registered domestic partner
• Any other individual related by blood or whose close association with the employee is the
equivalent of a family relationship
• Up to one individual annually designated by the employee
Advance Notice for use of Earned Sick and Safe Leave
If the need for sick and safe leave is foreseeable, RUC requires seven days' advance notice.
However, if the need is unforeseeable, employees must provide notice of the need for Earned
Sick and Safe time as soon as practicable.
When an employee uses Earned Sick and Safe time for more than three consecutive days, HUC
may require appropriate supporting documentation (such as medical documentation supporting
medical leave, court records or related documentation to support safety leave). However, if the
employee or employee's family member did not receive services from a health care professional,
or if documentation cannot be obtained from a health care professional in a reasonable time or
without added expense, then reasonable documentation may include a written statement from the
employee indicating that the employee is using, or used, Earned Sick and Safe Leave for a
qualifying purpose. HUC will not require an employee to disclose details related to domestic
abuse, sexual assault, or stalking or the details of the employee's or the employee's family
member's medical condition. In accordance with state law, HUC will not require an employee
using Earned Sick and Safe leave to find a replacement worker to cover the hours the employee
will be absent.
Retaliation prohibited
HUC shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or
discriminate against an employee for asserting Earned Sick and Safe Leave rights, requesting an
Earned Sick and Safe Leave absence, or pursuing remedies. Additionally, it is unlawful to report
or threaten to report a person or a family member's immigration status for exercising a right
under Earned Sick and Safe Leave.
Any employee who believes that they have been wrongfully denied ESST, retaliated, or
discriminated against for requesting or using ESST must immediately notify Human Resources.
The use of ESST will not be factored into any attendance point system the Utility may use. An
employee has the right to file a complaint or bring a civil action if ESST is denied by the Utility
or if the employee is retaliated against for requesting or using ESST.
An employee injured by a violation of this policy pursuant to sections §§ 181.9445 - 181.9448 may
file a complaint with the Minnesota Department of Labor and Industry and bring a civil action to
recover any and all damages recoverable by law.
Questions regarding ESST or this policy should be directed to Human Resources. Employees may
contact the Minnesota Department of Labor and Industry's Labor Standards Division at 651-284-
. a s (i),state.mn.�us or visit the department's earned sick and safe time
5075 or ..... l ............
webpage at 1..:.��n..:.aoy/sick....ieave.
Benefits and return to work protections
During an employee's use of Earned Sick and Safe Leave, an employee will continue to receive
HUC's employer insurance contribution as if they were working, and the employee will be
responsible for any share of their insurance premiums.
An employee returning from time off using accrued Earned Sick and Safe Leave is entitled to
return to their HUC employment at the same rate of pay received when their leave began, plus
any automatic pay adjustments that may have occurred during the employee's time off.
Seniority during Earned Sick and Safe Leave absences will continue to accrue as if the employee
has been continually employed.
When there is a separation from employment with HUC and the employee is rehired again within
180 days of separation, previously accrued Earned Sick and Safe Leave that had not been used
will be reinstated. An employee is entitled to use and accrue Earned Sick and Safe Leave at the
commencement of reemployment.
Disclaimer
This policy is not a contract for employment. The Utility periodically may update this policy and
reserves the right to interpret the policy as well as replace, modify, or revoke it at any time, upon
reasonable notice.
MINNESOTA PAID LEAVE
HUC provides time off to eligible employees who qualify for Minnesota Paid Leave
(MNPL) benefits under Minnesota law. HUC is a participant in an equivalent plan through
an approved private insurance carrier. MNPL benefits are funded through premium
contributions payable to the equivalent plan through an approved private insurance carrier.
The premium cost will be split between HUC and employees as follows: HUC will pay 50%
of the required premium and employees will pay 50% of the premium cost through payroll
deductions starting January 1, 2026.
ELIGIBILITY:
Eligibility determinations for MNPL benefits are made by the approved private insurance carrier.
Generally, to be eligible for MNPL, the employee must:
• Work at least 50% of the time from a location in Minnesota, including employees who work
from home or spend time in other states occasionally.
• Meet the financial eligibility requirements by having earned over a specific amount of wages
as defined by Minnesota law at the time of the requested leave.
BENEFIT AMOUNT:
HUC does not determine eligibility or benefit amount. Benefit amount is determined by the
approved private insurance carrier.
LEAVE ENTITLEMENT AND USAGE:
The approved private insurance carrier may approve MNPL leave for the following
conditions in a benefit year:
• Up to 12 weeks of medical leave (for yourself) to take care of yourself for a serious
health condition, including pregnancy, childbirth, recovery, or surgery.
• Up to 12 weeks of family leave to:
o Bond with a child through birth, adoption, or foster placement within 12
months of birth or placement of a child
o Care for a family member with a serious health condition
o Support a military family member called to active duty
o Receive covered types of care for yourself or a family member because of
domestic abuse, sexual assault, or stalking
You can take both types of leave in the same year, but you cannot exceed 20 weeks total
within a single benefit year. For example, an employee may be entitled to 12 weeks of family
leave to bond with a child and another 8 weeks of medical leave for their serious health
condition.
Benefit year starts the first day Paid Leave is taken. There is no waiting period for MNPL if
MNPL is granted.
MNPL INTERMITTENT LEAVE:
Employees may apply for intermittent leave in most cases, provided the leave is reasonable and
appropriate to the needs of the individual requiring care.
A. Eligibility
In addition to the other eligibility requirements under the MN Paid Leave law,
employees seeking intermittent leave must have at least eight hours of accumulated
leave (unless more than 30 days have lapsed since taking the initial leave).
B. Notice
In situations where employees seek MNPL on an intermittent basis, employees must
make a reasonable effort to provide written notice to HUC Admin/HR Coordinator of
the need for intermittent leave before applying for MNPL benefits through the
approved private insurance carrier. As part of the notice, employees must provide
HUC with the following:
1. proposed intermittent leave schedule; and
2. a completed certification from a health care provider identifying the leave
as necessary and a reasonable estimate of the frequency, duration, and
treatment schedule for the leave.
C. Increments of Leave & Maximum Number of Hours
Consistent with other forms of leave provided by HUC, employees may take
intermittent leave in increments of .25 hours. If eligible for intermittent leave, HUC
allows a maximum of 480 hours of intermittent leave in any 12-month period. After
reaching the maximum amount of allowed intermittent leave, employees may request
continuous MNPL provided the continuous leave does not exceed the maximum
amount of MNPL allowed by law.
DEFINITIONS:
• Family member
c•7 Spouse or partner
• Child (including biological, adopted, step, or foster children, or a child you
raise even if you are not legally related)
r:> Parent or person who raised you
o Sibling
r:> Grandchild or Grandparent
r:> In-laws (including son, daughter, father, or mother)
o Anyone close to you who depends on you like family, even if not
related by blood.
• A Serious health condition means a physical or mental illness, injury, impairment,
condition, or substance use disorder. Taking care of yourself for this serious
condition may involve evaluation, treatment, inpatient care, recovery, or not being
able to perform regular work, attend school, or do regular daily activities. This
includes childbirth, conditions related to pregnancy, or surgery. Please see
Admin/HR Coordinator for more information regarding a serious health condition.
NOTICE:
Prior to starting a claim with the equivalent plan through an approved private insurance carrier,
employees should reach out to HR to notify the intention to take leave. If the need is
foreseeable, HUC asks that the employee provide at least 2 weeks' notice prior to taking leave.
If the leave is not foreseeable the employee will still be able to take leave under MNPL. HUC
asks that the employee provide as much notice as possible.
HOW TO APPLY FOR MINNESOTA PAID LEAVE:
After leave has been discussed with HR/Admin Coordinator, employee may apply for MNPL
through the equivalent plan that HUC has received approval on from the State. Please see
Admin/HR Coordinator for more information regarding where to apply.
INTERACTION WITH OTHER LAWS AND BENEFITS:
MNPL will run concurrently with any leave and/or wage supplement for which you may
be eligible for under local, state, or federal law which may include: FMLA and Pregnancy
and Parenting Leave.
SUPPLEMENTING MNPL BENEFITS WITH ACCRUED PAID LEAVE:
If receiving MNPL benefits, HUC allows the employee to supplement, or "top off," MNPL
benefits with any accrued but unused paid leave. If an employee chooses to supplement
MNPL benefits in this way, the combined weekly sum of MNPL benefits and HUC paid
leave benefits cannot exceed the employees' Individual Average Weekly Wage (IAWW).
For more information contact Admin/HR Coordinator.
MAINTAINING HEALTH COVERAGE DURING LEAVE:
Unless the employee revokes coverage while on MNPL, HUC will continue to provide
group health insurance coverage for an employee on MNPL under the same conditions as the
coverage was provided before the employee took leave. The employee must continue to
make timely payments for his/her share of the premiums for such coverage. If the employee
is not using paid time off to cover part or all the leave, the employee will be responsible for
remitting his/her portion of health premiums to HUC in order to ensure continuation of
benefits.
Group health insurance may be cancelled if an employee's premium payment is 30 days late.
Before terminating coverage, HUC will provide written notice to the employee at least 15
days before the coverage is terminated listing the final date payment is due (30 days past the
due date) to avoid cancellation and the date coverage will end if payment is not received.
An employee's share of premium payments for his/her group health insurance coverage may,
at the employee's option, be:
1. Prepaid at or before the start of the leave in which his/her health deductions
may be modified to accept the agreed upon amounts and frequency of premium
deductions;
2. Arranged to write a check every 2-4 weeks for the duration that the employee may be out;
3. Be postpaid after the leave ended in which his/her health deductions may be
modified to accept the agreed upon amounts and frequency of premium deductions.
Coverage that lapses due to nonpayment of premiums will be reinstated immediately upon
return to work without a waiting period.
REINSTATEMENT:
Upon return from covered MNPL, the employee will be reinstated to his/her previous position
or to an equivalent position, with the same status, pay, employment benefits, length -of
service credit, and seniority credit as of the date of leave as long as he/she has worked for
HUC for a minimum of 90 calendar days.
Upon return to work, if it becomes evident that the employee is unable to perform the key
essential functions of his/her position (with or without reasonable accommodation), HUC
may engage in an interactive process, consistent with the American with Disability Act
(ADA) and/or Minnesota Human Rights Act (MHRA) and other applicable workplace
policies, including workplace safety protocols, to determine appropriate next steps.
RETALIATION:
HUC will not interfere or retaliate against employees who request or take leave in
accordance with the MN Paid Leave law.
Disclaimer
This policy is not a contract for employment. The Utility periodically may update this policy
and reserves the right to interpret the policy as well as replace, modify, or revoke it at any time,
upon reasonable notice.
SICKNACATION LEAVE DONATION
The HUC recognizes that a catastrophic illness and/or serious health condition of an employee or
immediate family member (spouse or dependent child) may deplete an employee's available paid
leave (sick/vacation/compensatory time). This policy is meant to provide employees with the
option of assisting fellow employees at such a time.
HUC employees having accrued sick or vacation leave shall be allowed to donate a portion of such
accrued leave to fellow employees experiencing a catastrophic illness and/or serious health
condition suffered by the employee, the employee's spouse, or the employee's dependent
child(ren). A catastrophic illness and/or serious health condition includes but is not limited to,
heart attack, stroke, organ transplant, or other life threatening illness or debilitating condition as
defined by a physician's diagnosis.
The donation of leave from one employee to another shall be subject to the following terms and
conditions.
1. An employee is only eligible to receive donated leave for time lost from normal work hours
due to a life threatening disease or condition as defined above.
2. An employee shall be eligible to receive donated leave only after the employee's accrued
sick, vacation, and compensatory time have been exhausted.
3. All requests to receive donated leave must be in writing to human resources/payroll and
must be accompanied by supporting medical data. No full time employee shall be allowed
to receive more than a total of twenty (20) work days or 160 hours of donated leave per
single major life threatening disease or condition unless requested and approved by the
General Manager. There is no limit on catastrophic events per year.
4. An employee may only use donated leave up to the time of eligibility for a long-term
disability benefit (if applicable), or for the maximum number of days allowed to be
donated, whichever occurs first.
5. A full time employee may donate no more than sixteen (16) hours of leave per calendar
year to a single fellow employee. This shall not be construed to prohibit donating sixteen
(16) hours per year to additional employees. Leave donation shall be calculated using time
and not an equivalent cash amount.
6. An employee who is donating paid leave must do so from the employee's accrued sick
and/or vacation leave balance. A written request to donate leave must be made to human
resources/payroll on forms designated by HUC for that purpose. All donations made shall
be kept confidential.
7. The General Manager shall have the right to deny use of donated leave or limit its use if it
is determined to be in the best interests of HUC.
Donated leave shall be subtracted from the donor's accumulated balance and added to the
requested employee as part of the payroll function. Donated time shall be processed and used by
the date of submission until the eligible amount of donated leave is reached. Contributions of leave
hours exceeding the eligible amount shall be returned to the donating employee, and shall not be
transferred. Donated hours shall be used in the order they are received.
TRAINING AND EDUCATION ASSISTANCE
HUC encourages its employees to seek individual and career development through job -related
training and education. HUC provides financial assistance for successful completion of qualifying
programs and courses. Tuition, registration fees and other course -related fees would be reimbursed
after successful completion of a course. To apply for education assistance, employees must submit
a request to their Manager, or Supervisor no later than five working days prior to registration. The
Manager or Supervisor and the General Manager must approve the course, seminar, or program.
Only courses that are job -related and provide potential for career advancement with HUC are
eligible for reimbursement.
The following criteria must be met:
The maximum amount of reimbursement will be $6,000 per calendar year. If coursework
or tuition exceeds this amount, then the General Manager will approach the Commission
to request a waiver. To request a waiver, the coursework must be directly related to the
employee's position within the company, or if the degree the employee is seeking is
beneficial to the company; in other words, it would be difficult to hire someone who already
has that degree.
Reimbursement is contingent on receiving a "pass" or minimum grade of "C".
Employee must study on their own time. Use of HUC computers is allowed in accordance
with the IT policy.
An employee must remain employed at HUC for twenty-four (24) calendar months after
completion of a course, or must repay HUC all reimbursements received for the course.
WORKPLACE ACCOMMODATION
HUC shall make workplace accommodations in accordance with state and federal law. An
employee who believes he or she qualifies for a reasonable accommodation under the Americans
with Disabilities Act (ADA) shall submit a request for accommodations to the General Manager.
HUC shall engage in an interactive process with employees who request accommodation in order
to identify the specific physical and mental abilities and limitations as they relate to essential job
functions; barriers to the performance of essential job functions; and how these barriers could be
overcome with reasonable accommodation. The employee may be requested to provide written
documentation from a healthcare provider relating to the employee's medical condition and
request for accommodation. If an employee refuses to provide such written documentation and/or
sign an authorization allowing HUC to contact the healthcare provider, HUC will evaluate the
employee's request based on the information available to HUC. HUC shall, in the process of
evaluating potential accommodations, determine which, if any, potential accommodations present
an undue hardship to HUC or the department in which the employee works.
UNPAID EXTENDED LEAVE OF ABSENCE
The General Manager may grant an employee's request for an extended leave of absence without
pay. The unpaid leave of absence shall be a minimum length of one month and a maximum length
of six months. Employees on an extended leave of absence for one month or longer which is not
governed by the FMLA, are required to pay the full cost of any health, long-term disability or life
insurance premium during the leave of the absence. Employees on unpaid leave of absence shall
not earn vacation and sick leave.
No employee shall be granted a leave of absence in order to accept a different position with another
employer. Acceptance of a full-time position with another employer shall be deemed a resignation
of the employee's position with RUC.
FAMILY DEATH
Employees may take a leave of absence with pay in the event of a death in the employee's
immediate family. Time allowed with pay for exempt employees may not exceed five (5) days per
family member. Employees may be allowed up to twenty (20) hours of paid leave for the
employee's aunt or uncle. The paid time off will not be deducted from the employee's paid leave
banks.
If an employee is called to participate in the funeral services for the death of a person who is not a
member of the employee's immediate family, an employee will receive four hours paid leave of
absence.
EMERGENCY LEAVE
The General Manager may approve time off without pay to an employee who has no vacation or
compensatory time available, if in the General Manager's discretion, the employee is experiencing
an emergency requiring the employee's attention.
MILITARY LEAVE
HUC shall comply with Minnesota statutes relating to military leave.
JURY, WITNESS OR BOARD DUTY
A regular full-time and part-time employee called to jury duty will be granted paid leaves of
absence. Employees are required to notify their supervisor as soon as possible after receiving
notice to report for jury duty. Such employees will be required to turn over any compensation they
receive for jury duty, minus mileage reimbursement, to HUC in order to receive their regular wages
for the period. Time spent on jury duty will not be counted as time worked in computing overtime.
Employees excused or released from jury duty during their regular working hours will report to
their regular work duties as soon as reasonably possible or will take accrued vacation or
compensatory time to make up the difference.
Employees will be paid their regular wage to testify in court for HUC-related business or to serve
on a work -related board or committee which pays a per diem. Any compensation received for
court appearances (e.g. subpoena fees) or as meeting per diems arising out of or in connection with
HUC employment, minus mileage reimbursement, must be turned over to HUC.
VOLUNTEER FIRE OR RESCUE SQUAD DUTY
In the event of an HUC emergency, the General Manager reserves the right to retain essential
employees from Hutchinson volunteer fire or rescue squad duties or require employees to return
to their HUC duties and assist the operation of HUC.
HUC employees who are called out as members of the Hutchinson volunteer fire or rescue squad
while on duty with HUC will be paid up to four hours regular pay while on the emergency call.
SCHOOL CONFERENCE LEAVE
Any employee who has worked half-time or more may take unpaid leave for up to a total of
sixteen (16) hours during any 12-month period to attend school conferences or classroom
activities related to the employee's child (under 18 or under 20 and still attending secondary
school), provided the conference or school related activities cannot be scheduled during non -
work hours. When the leave cannot be scheduled during non -work hours and the need for the
leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a
reasonable effort to schedule the leave so as not to disrupt unduly the operations of HUC.
Employees may choose to use vacation leave hours or compensatory time for this absence, but
are not required to do so.
BONE MARROW/ORGAN DONATION LEAVE
Employees working an average of 20 or more hours per week must be granted paid leave, not to
exceed 40 hours unless agreed to by HUC, to undergo medical procedures to donate bone marrow
or to donate an organ or partial organ. HUC may require a physician's verification of the purpose
and length of the leave requested. If there is a medical determination that the employee does not
qualify as a bone marrow or organ donor, the paid leave of absence granted to the employee prior
to that medical determination is not forfeited.
RETIREMENT PROGRAM
HUC is a member of the State Public Employees Retirement Association ("PERA") and also
participates in the federal FICA (Social Security) program. Full-time employees must become
members of PERA effective the date of employment. Both HUC and the employee contribute to
PERA. Information on PERA is available from Human Resources.
DEFERRED COMPENSATION
HUC offers a 457 deferred compensation plan, which allows employees to place a portion of their
earnings through payroll deduction into a tax deferred investment program. Taxes on money set
aside are deferred until the time the money is withdrawn. HUC does not contribute to this 457
deferred compensation plan. For enrollment information, contact payroll.
PERSONAL USE OF UTILITY FACILITIES AND EQUIPMENT
No employee may use HUC facilities or equipment for personal use.
RECOGNITION POLICY - SERVICE AWARDS AND RETIREMENT GIFTS
Obiective
Service awards and retirement gifts are provided to recognize and reward employees for service
with the company. Awards are granted without regard to position or salary.
Scope of Policy
Full-time, active employees are eligible for a service award for every five (5) years of service
completed. The service awards may increase in value based on longevity, per the table listed in
Service Award Procedures below.
Service Credit
Service credit for service awards will count from the first day an individual is considered a full-
time employee of HUC and continue while the employee remains on full-time, active status. If an
individual has a break in service, their service credit may resume accumulating when they return
to full-time status, depending on the nature of the break.
Service Award Procedures
HUC will inform the individual employee of their eligibility for a service award. Eligible
employees may select a gift card in the amount noted on the table below. Employee will receive
a Certificate of Appreciation signed by the General Manager and presented to them at the
Recognition Banquet. Gift cards must be for personal, tangible property and may not be redeemed
for cash.
Amount
Years of Service
$50
5 Years
$100
10 Years
$125
15 Years
$150
20 Years
$175
25 Years
$200
30 Years
$250
35 Years
$300
40 Years
Retirement Recognition Procedures
Retirees have the option of a potluck luncheon in their honor. A gift from HUC valued at no
greater than $300 will be given to the retiree. The immediate supervisor will be responsible for
coordinating the purchase of the gift.
NON-EXEMPT
VACATION
See Union Contract.
HOLIDAYS
Employees are eligible for holiday pay effective immediately upon hire. HUC shall observe the
following days as holidays:
• New Year's Day
• Martin Luther King Day
• President's Day
• Memorial Day
• Juneteenth
• Fourth of July
• Labor Day
• Veteran's Day
• Thanksgiving Day
• Christmas Day
If the holiday falls on a Sunday, the following Monday shall be the holiday. If the holiday falls on
a Saturday, the preceding Friday shall be the holiday.
If Christmas falls on a Tuesday, Wednesday, Thursday or Friday, then the preceding day shall be
a Christmas Eve Day holiday. Additionally, there shall be two (2) floating holidays determined by
mutual agreement between the employee and or Manager. If Christmas falls on a Saturday,
Sunday, or Monday, there shall be no Christmas Eve Day holiday but there shall be three (3)
floating holidays determined by mutual agreement between the employee and or Manager.
Floating holidays must be used by the end of each calendar year.
Employees shall be paid eight (8) hours straight time for each of the holidays. However, those
employees governed by the Memorandum of Agreement, must comply with section 13.2 of that
Agreement.
Temporary employees who work on a holiday shall be paid at the employee's regular base pay rate
and shall not receive holiday pay for hours not worked.
LIFE INSURANCE
HUC provides group term life insurance with accidental death and dismemberment for all full-
time employees. HUC also offers voluntary term life insurance for all full-time employees.
Information on life insurance is available through human resources/payroll.
HEALTH/DENTAL INSURANCE
HUC provides an opportunity for employees to participate in a group (HSA)/dental insurance
program. Employees are eligible for coverage the first of the month following hire date. Contact
human resources/payroll for information regarding benefits and participation levels.
Contact human resources/payroll for information about continuation of health/dental insurance
coverage after leaving.
See Union Contract.
DISABILITY INSURANCE
HUC pays the entire premium of a long-term disability insurance policy for all employees.
Information on disability insurance is available through human resources/payroll.
FAMILY AND MEDICAL LEAVE (FMLA)
Pursuant to the Family and Medical Leave Act, employees are allowed up to 12 weeks unpaid
leave during a 12-month period for the following reasons:
• Birth or care of the newborn child of the employee
• Placement with the employee of a child for adoption or foster care
• Serious health condition of the employee that makes the employee unable to perform the
functions of the position of such employee
• In order to care for an employee's dependent child, spouse, or parent suffering from a
serious health condition
• Any qualifying exigency arising out of the fact that the spouse, or a son, daughter or parent
of the employee is on active duty, or has been notified of an impending call or order to
active duty) in the Armed Forces in support of a contingency operation.
Up to twenty-six (26) weeks of protected leave per twelve (12) month period shall be granted to
all eligible employees for the following reasons:
• An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered
service member shall be entitled to a total of 26 workweeks of leave during a twelve (12)
month period to care for the service member. The leave described in this paragraph shall
only be available during a single twelve (12) month period.
• A covered service member is defined as a member of the Armed Forces, including a
member of the National Guard or Reserves, who is undergoing medical treatment,
recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary
disability retired list, for a serious injury or illness. The term "serious injury or illness", in
the case of a member of the Armed Forces, including a member of the National Guard or
Reserves, means an injury or illness incurred by the member in the line of duty on active
duty in the Armed Forces that may render the member medically unfit to perform the duties
of the member's office, grade, rank, or rating.
Spouses employed by HUC, both in regular positions, are jointly entitled to a combined total of
12 work weeks of family leave for the birth and care of a newborn child, for placement of a child
for adoption or foster care, and to care for a parent who has a serious health condition. Spouses are
entitled to a combined total of 26 weeks during a single twelve (12) month period to care for an
eligible service member.
During the single twelve (12) month period, an eligible employee shall be entitled to a combined
total of 26 work weeks of total leave allowed under the FMLA.
To be eligible for FMLA leave, the employee must have worked at least one year for HUC and
worked at least 1,040 hours during the previous 12 months.
In order to receive FMLA leave, the employee must request the leave by providing human
resources/payroll 30-day's notice prior to the requested starting date of the leave. If 30-day's notice
is not possible, the employee must provide as much notice as possible. Human resources/payroll
shall provide the employee a "Medical Certificate" which must be completed by the employee's
physician and returned to human resources/payroll. Pursuant to the FMLA, HUC may request a
second opinion from another medical provider at HUC's expense. If the second opinion is different
from the employee's physician's opinion, HUC shall seek a third opinion at HUC's expense. The
third opinion shall prevail. HUC may require that a request for leave related to active duty or call
to active duty be supported by a certification issued by the health care provider of the service
member being cared for by the employee.
The 12 weeks of available FMLA leave extend over 12 months. To determine whether the
employee has any FMLA leave remaining, human resources/payroll shall review the 12 months
preceding the request for FMLA leave. An employee may use the 12 weeks of FMLA leave
intermittently over the 12-month period if necessary and may take the leave in increments of one
hour or more.
HUC may require a medical certificate attesting to the employee's fitness for duty prior to return
to work. The fitness for duty report must be based on the particular health condition(s) for which
the leave was approved and must address whether the employee can perform the essential functions
of his/her regular position.
An employee on FMLA leave for serious illness of the employee, the employee's spouse,
dependent child or parent shall be required to use vacation or sick leave concurrent with the FMLA
leave.
HUC shall continue to pay its contribution toward health and dental insurance while an employee
is on FMLA leave. The employee shall be required to continue payment of the employee portion
of the premiums during the leave. If the employee fails to pay their portion of the premiums, HUC
may terminate their insurance coverage subject to COBRA requirements. At the end of FMLA
leave, an employee shall be returned to his/her former position or an equivalent position.
For more information on FMLA leave, see human resources/payroll.
PREGNANCY AND PARENTING LEAVE
Pursuant to the Minnesota Pregnancy and Parenting Act, all employees are entitled to take an
unpaid leave of absence. Female employees are eligible for prenatal care, or incapacity due to
pregnancy, childbirth, or related health conditions as well as a biological or adoptive parent in
conjunction with the birth or adoption of a child are eligible for up to twelve (12) weeks of unpaid
leave. Any paid or unpaid leave taken for prenatal care medical appointments will not count
toward the 12-week leave. Additionally, leave under this section must begin within twelve (12)
months of the birth or adoption of the child. In the case where the child must remain in the hospital
longer than the mother, the leave must begin within twelve (12) months after the child leaves the
hospital.
Eligible employees should provide reasonable notice, which is at least thirty (30) days written
notice to human resources/payroll of their desire to take parental leave. Employees may choose to
use their paid leave banks, such as sick leave or vacation.
If the employee is also eligible for FMLA leave, the pregnancy and parenting leave under this
section and FMLA leave shall run concurrently.
The employee is entitled to return to work in the same position and at the same rate of pay the
employee was receiving prior to commencement of the leave. Group insurance coverage will
remain available while the employee is on leave pursuant to the Pregnancy and Parenting Leave
Act, but the employee will be responsible for the employee share of the premium unless otherwise
provided in this policy (i.e., where leave is also FMLA qualifying). For employees on an FMLA
leave absence as well, the employer contributions toward insurance benefits will continue during
the FMLA leave absence.
REASONABLE PAID WORK TIME FOR NURSING MOTHERS
Nursing mothers will be provided reasonable paid break times to express milk for nursing her
child for one year after the child's birth. HUC will provide a room (other than a bathroom) as
close as possible to the employee's work area, that is shielded from view and free from intrusion
from coworkers and the public and includes access to an electrical outlet, where the nursing
mother can express milk in private.
REASONABLE ACCOMMODATIONS TO AN EMPLOYEE FOR HEALTH
CONDITIONS RELATING TO PREGNANCY
HUC will attempt to provide a female employee who requests reasonable accommodation with
the following for her health conditions related to her pregnancy or childbirth. Without advice of a
licensed health care provider or certified doula:
More frequent restroom, food and water breaks;
Seating; and/or
Limits on lifting over 20 pounds and/or
Additionally, an employer must provide reasonable accommodations, including, but not limited
to, temporary leaves of absence, modification in work schedule or job assignments, seating, more
frequent or longer break periods and limits to heavy lifting to an employee for health conditions
related to pregnancy or childbirth upon request, with the advice of a licensed health care provider
or certified doula, unless the employer demonstrates the accommodation would impose an undue
hardship on the operation of the employer's business. In accordance with state law, no employee
is required to take a leave of absence for a pregnancy nor accept a pregnancy accommodation.
An employer shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or
discriminate against an employee for asserting reasonable accommodations pregnancy rights or
remedies
SICK LEAVE
1. Sick leave shall be granted to all probationary and non -probationary employees at a rate of
eight (8) hours per month.
2. Sick leave may be granted for absence from duty due to personal illness, or for the illness of
an immediate family (See Definitions) member on the same terms the employee is able to use
sick leave benefits for their own illness, including appointments for necessary medical, dental
or eye care, legal quarantine, or brief emergency situation (not to exceed one day) in the
immediate family (See Definitions).
3. Sick leave cannot be accumulated beyond 720 hours. After the accumulation of 720 hours, a
payback of one-half of the amount over 720 hours shall be made annually on or about February
1. This will be deposited in the Health Care Savings Plan (HCSP).
4. Upon retirement or death before retirement, a payback of one-third of any unused sick leave
which has been accumulated shall be made. If the employee resigns or is dismissed, the above
payment shall not be made. In case of death during employment, the unused sick leave shall
be paid to his/her estate on the same percentage as above. This will be deposited in the Health
Care Savings Plan (HCSP).
5. Requests for sick leave consideration in case of other emergency situations may be brought to
the Manager or Supervisor.
6. A maximum of five days funeral leave may be allowed when necessary in the case of death in
the immediate family (See Definitions).
7. If an employee becomes ill and must stay home from work, he/she shall notify their Manager
or Supervisor before their work day begins.
8. If an employee becomes ill during his/her regular work day, they shall notify their Manager or
Supervisor that it is necessary to leave due to illness.
9. Employees may be required to submit a medical certificate for any sick leave, at the discretion
of the Manager or Supervisor.
10. The use or claim of sick leave for apurpose not authorized may be cause for disciplinary action.
11. For the purpose of accumulating additional vacation or sick leave, an employee using earned
vacation or sick leave is considered to be in a paid or working status.
12. Employees that are injured while engaged in after hours' employment of others or while self
employed, shall not be covered under HUC's Sick Leave Policy, or Worker's Compensation
benefits.
13. An employee who is determined to be eligible for workers compensation benefits during
absence from duty shall receive such benefits pursuant to "Worker's Compensation" in the
Employee Handbook.
14. HUC shall comply with the Family and Medical Leave Act, the Minnesota Parental Leave Act
and the Americans with Disabilities Act.
15. Safety leave. Employees are authorized to use sick leave for reasonable absences for
themselves or immediate family (See Definitions) who are providing or receiving assistance
because they, or a relative, is a victim of sexual assault, domestic abuse, or stalking. Safety
leave for those listed, other than the employee and the employee's child, is limited to 160 hours
in any calendar year. After accrued sick leave has been exhausted, vacation leave may be used
upon approval of the General Manager, to the extent the employee is entitled to such leave.
EARNED SICK AND SAFE LEAVE
This Policy defines Hutchinson Utilities' compliance with the Minnesota Earned Sick and Safe
Time (ESST) law outlined in Minnesota Statutes, §§ 181.9445 to 181.9448, effective January 1,
2024. Earned Sick and Safe Leave (ESST) is paid leave employers must provide to employees
in Minnesota that can be used for certain reasons. The hourly rate of paid ESST is the same
hourly rate an employee earns from employment with Hutchinson Utilities.
This ESST Policy applies to employees who work in the State of Minnesota as an employee of the
County for at least eighty (80) hours in a year, including seasonal, temporary, on -call, casual
employees; and all full-time and part-time employees.
For purposes of ESST compliance, the leave year is defined as the calendar year — January 1
through December 31.
FOR FULL-TIME EMPLOYEES:
For purposes of satisfying ESST, Hutchinson Utilities has previously negotiated or provided to
employees paid vacation and sick leave which meets or exceed ESST minimum requirements
under the law.
The first 48 hours of paid vacation/sick leave used will be cross -designated as ESST. If the
employee chooses to use paid vacation/sick leave for reasons other than those outlined in this
policy as ESST eligible hours, the employee will not be provided with additional ESST
hours. While an employee may use paid vacation/sick leave hours for an ESST purpose, the
employee will not be provided with additional ESST hours once available hours have been
exhausted.
Once an employee has used their yearly 48 hours of ESST (or up to a maximum of 80 hours if an
employee has any ESST carry over from prior years), none of their remaining vacation/sick leave
they subsequently accrue or use in that year will be designated as ESST. Accordingly, the
provisions of Minn. Stat. §§ 181.9445 — 181.9448 or this policy do not apply to paid vacation/sick
leave taken after an employee has used their yearly ESST entitlement.
FOR SEASONAL EMPLOYEES:
All seasonal employees are eligible to earn ESST when at least 80 hours of work are performed in
a calendar year (January 1 — December 31).
An employee who works at least 80 hours in a calendar year will earn one (1) hour of ESST leave
for every 30 hours worked, up to a maximum accrual of 48 hours per calendar year. Employees
begin accruing ESST on their first day of employment. Employees may roll over unused ESST to
the next year up to a maximum accrual of 80 ESST hours. For the purposes of this policy, ESST
leave used by an employee does not count towards hours worked.
Accrued and unused ESST will not be paid out to seasonal employees upon separation from
employment.
Earned Sick and Safe Leave Use
The leave may be used as it is accrued in the smallest increment of time tracked by the employer's
payroll system and may be used for the following circumstances:
• An employee's own:
o Mental or physical illness, injury or other health condition
o Need for medical diagnosis, care or treatment, of a mental or physical illness
o injury or health condition
o Need for preventative care
o Closure of the employee's place of business due to weather or other public
emergency
o The employee's inability to work or telework because the employee is prohibited
from working by the city due to health concerns related to the potential
transmission of a communicable illness related to a public emergency, or seeking
or awaiting the results of a diagnostic test for, or a medical diagnosis of, a
communicable disease related to a public emergency and the employee has been
exposed to a communicable disease or the city has requested a test or diagnosis.
o Absence due to domestic abuse, sexual assault, or stalking of the employee
provided the absence is to:
■ Seek medical attention related to physical or psychological injury or
disability caused by domestic abuse, sexual assault, or stalking
■ Obtain services from a victim services organization
■ Obtain psychological or other counseling
■ Seek relocation or take steps to secure an existing home due to domestic
abuse, sexual assault or stalking
■ Seek legal advice or take legal action, including preparing for or
participating in any civil or criminal legal proceeding related to or
resulting from domestic abuse, sexual assault, or stalking
o Care of a family member:
o With mental or physical illness, injury or other health condition Who needs
medical diagnosis, care or treatment of a mental or physical illness, injury or other
health condition Who needs preventative medical or health care Whose school or
place of care has been closed due to weather or other public emergency When it
has been determined by health authority or a health care professional that the
presence of the family member of the employee in the community would
jeopardize the health of others because of the exposure of the family member of
the employee to a communicable disease, whether or not the family member has
actually contracted the communicable disease
o Absence due to domestic abuse, sexual assault or stalking of the employee's
family member provided the absence is to:
■ Seek medical attention related to physical or psychological injury or
disability caused by domestic abuse, sexual assault, or stalking
Obtain services from a victim services organization
■ Obtain psychological or other counseling
■ Seek relocation or take steps to secure an existing home due to domestic
abuse, sexual assault or stalking
■ Seek legal advice or take legal action, including preparing for or
participating in any civil or criminal legal proceeding related to or
resulting from domestic abuse, sexual assault, or stalking
For Earned Sick and Safe Leave burnoses_ family member includes an emblovee's:
• Spouse or registered domestic partner
• Child, foster child, adult child, legal ward, child for whom the employee is legal
guardian, or child to whom the employee stands or stood in loco parentis
• Sibling, step sibling or foster sibling
• Biological, adoptive or foster parent, stepparent or a person who stood in loco parentis
when the employee was a minor child
• Grandchild, foster grandchild or step grandchild
• Grandparent or step grandparent
• A child of a sibling of the employee
• A sibling of the parent of the employee or
• A child -in-law or sibling -in-law
• Any of the above family members of a spouse or registered domestic partner
• Any other individual related by blood or whose close association with the employee is the
equivalent of a family relationship
• Up to one individual annually designated by the employee
Advance Notice for use of Earned Sick and Safe Leave
If the need for sick and safe leave is foreseeable, HUC requires seven days' advance notice.
However, if the need is unforeseeable, employees must provide notice of the need for Earned
Sick and Safe time as soon as practicable.
When an employee uses Earned Sick and Safe time for more than three consecutive days, HUC
may require appropriate supporting documentation (such as medical documentation supporting
medical leave, court records or related documentation to support safety leave). However, if the
employee or employee's family member did not receive services from a health care professional,
or if documentation cannot be obtained from a health care professional in a reasonable time or
without added expense, then reasonable documentation may include a written statement from the
employee indicating that the employee is using, or used, Earned Sick and Safe Leave for a
qualifying purpose. HUC will not require an employee to disclose details related to domestic
abuse, sexual assault, or stalking or the details of the employee's or the employee's family
member's medical condition. In accordance with state law, HUC will not require an employee
using Earned Sick and Safe leave to find a replacement worker to cover the hours the employee
will be absent.
Retaliation prohibited
HUC shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or
discriminate against an employee for asserting Earned Sick and Safe Leave rights, requesting an
Earned Sick and Safe Leave absence, or pursuing remedies. Additionally, it is unlawful to report
or threaten to report a person or a family member's immigration status for exercising a right
under Earned Sick and Safe Leave.
Any employee who believes that they have been wrongfully denied ESST, retaliated, or
discriminated against for requesting or using ESST must immediately notify Human Resources.
The use of ESST will not be factored into any attendance point system the Utility may use. An
employee has the right to file a complaint or bring a civil action if ESST is denied by the Utility
or if the employee is retaliated against for requesting or using ESST.
An employee injured by a violation of this policy pursuant to sections §§ 181.9445 - 181.9448 may
file a complaint with the Minnesota Department of Labor and Industry and bring a civil action to
recover any and all damages recoverable by law.
Questions regarding ESST or this policy should be directed to Human Resources. Employees may
contact the Minnesota Department of Labor and Industry's Labor Standards Division at 651-284-
. a s (i),state.mn.�us or visit the department's earned sick and safe time
5075 or ..... l ............
webpage at 1..:.��n..:.aoy/sick....ieave.
Benefits and return to work protections
During an employee's use of Earned Sick and Safe Leave, an employee will continue to receive
HUC's employer insurance contribution as if they were working, and the employee will be
responsible for any share of their insurance premiums.
An employee returning from time off using accrued Earned Sick and Safe Leave is entitled to
return to their HUC employment at the same rate of pay received when their leave began, plus
any automatic pay adjustments that may have occurred during the employee's time off.
Seniority during Earned Sick and Safe Leave absences will continue to accrue as if the employee
has been continually employed.
When there is a separation from employment with HUC and the employee is rehired again within
180 days of separation, previously accrued Earned Sick and Safe Leave that had not been used
will be reinstated. An employee is entitled to use and accrue Earned Sick and Safe Leave at the
commencement of reemployment.
Disclaimer
This policy is not a contract for employment. The Utility periodically may update this policy and
reserves the right to interpret the policy as well as replace, modify, or revoke it at any time, upon
reasonable notice.
MINNESOTA PAID LEAVE
HUC provides time off to eligible employees who qualify for Minnesota Paid Leave
(MNPL) benefits under Minnesota law. HUC is a participant in an equivalent plan through
an approved private insurance carrier. MNPL benefits are funded through premium
contributions payable to the equivalent plan through an approved private insurance carrier.
The premium cost will be split between HUC and employees as follows: HUC will pay 50%
of the required premium and employees will pay 50% of the premium cost through payroll
deductions starting January 1, 2026.
ELIGIBILITY:
Eligibility determinations for MNPL benefits are made by the approved private insurance carrier.
Generally, to be eligible for MNPL, the employee must:
• Work at least 50% of the time from a location in Minnesota, including employees who work
from home or spend time in other states occasionally.
• Meet the financial eligibility requirements by having earned over a specific amount of wages
as defined by Minnesota law at the time of the requested leave.
BENEFIT AMOUNT:
HUC does not determine eligibility or benefit amount. Benefit amount is determined by the
approved private insurance carrier.
LEAVE ENTITLEMENT AND USAGE:
The approved private insurance carrier may approve MNPL leave for the following
conditions in a benefit year:
• Up to 12 weeks of medical leave (for yourself) to take care of yourself for a serious
health condition, including pregnancy, childbirth, recovery, or surgery.
• Up to 12 weeks of family leave to:
o Bond with a child through birth, adoption, or foster placement within 12
months of birth or placement of a child
o Care for a family member with a serious health condition
o Support a military family member called to active duty
o Receive covered types of care for yourself or a family member because of
domestic abuse, sexual assault, or stalking
You can take both types of leave in the same year, but you cannot exceed 20 weeks total
within a single benefit year. For example, an employee may be entitled to 12 weeks of family
leave to bond with a child and another 8 weeks of medical leave for their serious health
condition.
Benefit year starts the first day Paid Leave is taken. There is no waiting period for MNPL if
MNPL is granted.
MNPL INTERMITTENT LEAVE:
Employees may apply for intermittent leave in most cases, provided the leave is reasonable and
appropriate to the needs of the individual requiring care.
D. Eligibility
In addition to the other eligibility requirements under the MN Paid Leave law,
employees seeking intermittent leave must have at least eight hours of accumulated
leave (unless more than 30 days have lapsed since taking the initial leave).
E. Notice
In situations where employees seek MNPL on an intermittent basis, employees must
make a reasonable effort to provide written notice to HUC Admin/HR Coordinator of
the need for intermittent leave before applying for MNPL benefits through the
approved private insurance carrier. As part of the notice, employees must provide
HUC with the following:
1. proposed intermittent leave schedule; and
2. a completed certification from a health care provider identifying the leave
as necessary and a reasonable estimate of the frequency, duration, and
treatment schedule for the leave.
F. Increments of Leave & Maximum Number of Hours
Consistent with other forms of leave provided by HUC, employees may take
intermittent leave in increments of .25 hours. If eligible for intermittent leave, HUC
allows a maximum of 480 hours of intermittent leave in any 12-month period. After
reaching the maximum amount of allowed intermittent leave, employees may request
continuous MNPL provided the continuous leave does not exceed the maximum
amount of MNPL allowed by law.
DEFINITIONS:
• Family member
c•7 Spouse or partner
• Child (including biological, adopted, step, or foster children, or a child you
raise even if you are not legally related)
r:> Parent or person who raised you
o Sibling
r:> Grandchild or Grandparent
r:> In-laws (including son, daughter, father, or mother)
o Anyone close to you who depends on you like family, even if not
related by blood.
• A Serious health condition means a physical or mental illness, injury, impairment,
condition, or substance use disorder. Taking care of yourself for this serious
condition may involve evaluation, treatment, inpatient care, recovery, or not being
able to perform regular work, attend school, or do regular daily activities. This
includes childbirth, conditions related to pregnancy, or surgery. Please see
Admin/HR Coordinator for more information regarding a serious health condition.
NOTICE:
Prior to starting a claim with the equivalent plan through an approved private insurance carrier,
employees should reach out to HR to notify the intention to take leave. If the need is
foreseeable, HUC asks that the employee provide at least 2 weeks' notice prior to taking leave.
If the leave is not foreseeable the employee will still be able to take leave under MNPL. HUC
asks that the employee provide as much notice as possible.
HOW TO APPLY FOR MINNESOTA PAID LEAVE:
After leave has been discussed with HR/Admin Coordinator, employee may apply for MNPL
through the equivalent plan that HUC has received approval on from the State. Please see
Admin/HR Coordinator for more information regarding where to apply.
INTERACTION WITH OTHER LAWS AND BENEFITS:
MNPL will run concurrently with any leave and/or wage supplement for which you may
be eligible for under local, state, or federal law which may include: FMLA and Pregnancy
and Parenting Leave.
SUPPLEMENTING MNPL BENEFITS WITH ACCRUED PAID LEAVE:
If receiving MNPL benefits, HUC allows the employee to supplement, or "top off," MNPL
benefits with any accrued but unused paid leave. If an employee chooses to supplement
MNPL benefits in this way, the combined weekly sum of MNPL benefits and HUC paid
leave benefits cannot exceed the employees' Individual Average Weekly Wage (IAWW).
For more information contact Admin/HR Coordinator.
MAINTAINING HEALTH COVERAGE DURING LEAVE:
Unless the employee revokes coverage while on MNPL, HUC will continue to provide
group health insurance coverage for an employee on MNPL under the same conditions as the
coverage was provided before the employee took leave. The employee must continue to
make timely payments for his/her share of the premiums for such coverage. If the employee
is not using paid time off to cover part or all the leave, the employee will be responsible for
remitting his/her portion of health premiums to HUC in order to ensure continuation of
benefits.
Group health insurance may be cancelled if an employee's premium payment is 30 days late.
Before terminating coverage, HUC will provide written notice to the employee at least 15
days before the coverage is terminated listing the final date payment is due (30 days past the
due date) to avoid cancellation and the date coverage will end if payment is not received.
An employee's share of premium payments for his/her group health insurance coverage may,
at the employee's option, be:
1. Prepaid at or before the start of the leave in which his/her health deductions
may be modified to accept the agreed upon amounts and frequency of premium
deductions;
2. Arranged to write a check every 2-4 weeks for the duration that the employee may be out;
3. Be postpaid after the leave ended in which his/her health deductions may be
modified to accept the agreed upon amounts and frequency of premium deductions.
Coverage that lapses due to nonpayment of premiums will be reinstated immediately upon
return to work without a waiting period.
REINSTATEMENT:
Upon return from covered MNPL, the employee will be reinstated to his/her previous position
or to an equivalent position, with the same status, pay, employment benefits, length -of
service credit, and seniority credit as of the date of leave as long as he/she has worked for
HUC for a minimum of 90 calendar days.
Upon return to work, if it becomes evident that the employee is unable to perform the key
essential functions of his/her position (with or without reasonable accommodation), HUC
may engage in an interactive process, consistent with the American with Disability Act
(ADA) and/or Minnesota Human Rights Act (MHRA) and other applicable workplace
policies, including workplace safety protocols, to determine appropriate next steps.
RETALIATION:
HUC will not interfere or retaliate against employees who request or take leave in
accordance with the MN Paid Leave law.
Disclaimer
This policy is not a contract for employment. The Utility periodically may update this policy
and reserves the right to interpret the policy as well as replace, modify, or revoke it at any time,
upon reasonable notice.
SICKNACATION LEAVE DONATION
The HUC recognizes that a catastrophic illness and/or serious health condition of an employee or
immediate family member (spouse or dependent child) may deplete an employee's available paid
leave (sick/vacation/compensatory time). This policy is meant to provide employees with the
option of assisting fellow employees at such a time.
HUC employees having accrued sick or vacation leave shall be allowed to donate a portion of such
accrued leave to fellow employees experiencing a catastrophic illness and/or serious health
condition suffered by the employee, the employee's spouse, or the employee's dependent
child(ren). A catastrophic illness and/or serious health condition includes but is not limited to,
heart attack, stroke, organ transplant, or other life threatening illness or debilitating condition as
defined by a physician's diagnosis.
The donation of leave from one employee to another shall be subject to the following terms and
conditions.
1. An employee is only eligible to receive donated leave for time lost from normal work
hours due to a life threatening disease or condition as defined above.
2. An employee shall be eligible to receive donated leave only after the employee's accrued
sick, vacation, and compensatory time have been exhausted.
3. All requests to receive donated leave must be in writing to human resources/payroll and
must be accompanied by supporting medical data. No full time employee shall be allowed
to receive more than a total of twenty (20) work days or 160 hours of donated leave per
single major life threatening disease or condition unless requested and approved by the
General Manager. There is no limit on catastrophic events per year.
4. An employee may only use donated leave up to the time of eligibility for a long-term
disability benefit (if applicable), or for the maximum number of days allowed to be
donated, whichever occurs first.
5. A full time employee may donate no more than sixteen (16) hours of leave per calendar
year to a single fellow employee. This shall not be construed to prohibit donating sixteen
(16) hours per year to additional employees. Leave donation shall be calculated using time
and not an equivalent cash amount.
6. An employee who is donating paid leave must do so from the employee's accrued sick
and/or vacation leave balance. A written request to donate leave must be made to human
resources/payroll on forms designated by HUC for that purpose. All donations made shall
be kept confidential.
7. The General Manager shall have the right to deny use of donated leave or limit its use if
it is determined to be in the best interests of HUC.
Donated leave shall be subtracted from the donor's accumulated balance and added to the
requested employee as part of the payroll function. Donated time shall be processed and used by
the date of submission until the eligible amount of donated leave is reached. Contributions of leave
hours exceeding the eligible amount shall be returned to the donating employee, and shall not be
transferred. Donated hours shall be used in the order they are received.
TRAINING AND EDUCATION ASSISTANCE
HUC encourages its employees to seek individual and career development through job -related
training and education. HUC provides financial assistance for successful completion of qualifying
programs and courses. Tuition, registration fees and other course -related fees would be reimbursed
after successful completion of a course. To apply for education assistance, employees must submit
a request to their Manager, or Supervisor no later than five working days prior to registration. The
Manager or Supervisor and the General Manager must approve the course, seminar, or program.
Only courses that are job -related and provide potential for career advancement with HUC are
eligible for reimbursement.
The following criteria must be met:
The maximum amount of reimbursement will be $6,000 per calendar year. If coursework
or tuition exceeds this amount, then the General Manager will approach the Commission
to request a waiver. To request a waiver, the coursework must be directly related to the
employee's position within the company, or if the degree the employee is seeking is
beneficial to the company; in other words, it would be difficult to hire someone who already
has that degree.
Reimbursement is contingent on receiving a "pass" or minimum grade of "C".
Employee must study on their own time. Use of HUC computers is allowed in accordance
with the IT policy.
An employee must remain employed at HUC for twenty-four (24) calendar months after
completion of a course, or must repay HUC all reimbursements received for the course.
WORKPLACE ACCOMMODATION
HUC shall make workplace accommodations in accordance with state and federal law. An
employee who believes he or she qualifies for a reasonable accommodation under the Americans
with Disabilities Act (ADA) shall submit a request for accommodations to the General Manager.
HUC shall engage in an interactive process with employees who request accommodation in order
to identify the specific physical and mental abilities and limitations as they relate to essential job
functions; barriers to the performance of essential job functions; and how these barriers could be
overcome with reasonable accommodation. The employee may be requested to provide written
documentation from a healthcare provider relating to the employee's medical condition and
request for accommodation. If an employee refuses to provide such written documentation and/or
sign an authorization allowing HUC to contact the healthcare provider, HUC will evaluate the
employee's request based on the information available to HUC. HUC shall, in the process of
evaluating potential accommodations, determine which, if any, potential accommodations present
an undue hardship to HUC or the department in which the employee works.
UNPAID EXTENDED LEAVE OF ABSENCE
The General Manager may grant an employee's request for an extended leave of absence without
pay. The unpaid leave of absence shall be a minimum length of one month and a maximum length
of six months. Employees on an extended leave of absence for one month or longer which is not
governed by the FMLA, are required to pay the full cost of any health, long-term disability or life
insurance premium during the leave of the absence. Employees on unpaid leave of absence shall
not earn vacation and sick leave.
No employee shall be granted a leave of absence in order to accept a different position with another
employer. Acceptance of a full-time position with another employer shall be deemed a resignation
of the employee's position with RUC.
FAMILY DEATH
See Union Contract.
EMERGENCY LEAVE
The General Manager may approve time off without pay to an employee who has no vacation or
compensatory time available, if in the General Manager's discretion, the employee is experiencing
an emergency requiring the employee's attention.
MILITARY LEAVE
HUC shall comply with Minnesota statutes relating to military leave.
JURY, WITNESS OR BOARD DUTY
A regular full-time and part-time employee called to jury duty will be granted paid leaves of
absence. Employees are required to notify their supervisor as soon as possible after receiving
notice to report for jury duty. Such employees will be required to turn over any compensation they
receive for jury duty, minus mileage reimbursement, to HUC in order to receive their regular wages
for the period. Time spent on jury duty will not be counted as time worked in computing overtime.
Employees excused or released from jury duty during their regular working hours will report to
their regular work duties as soon as reasonably possible or will take accrued vacation or
compensatory time to make up the difference.
Employees will be paid their regular wage to testify in court for HUC-related business or to serve
on a work -related board or committee which pays a per diem. Any compensation received for
court appearances (e.g. subpoena fees) or as meeting per diems arising out of or in connection with
HUC employment, minus mileage reimbursement, must be turned over to HUC.
VOLUNTEER FIRE OR RESCUE SQUAD DUTY
In the event of an HUC emergency, the General Manager reserves the right to retain essential
employees from Hutchinson volunteer fire or rescue squad duties or require employees to return
to their HUC duties and assist the operation of HUC.
HUC employees who are called out as members of the Hutchinson volunteer fire or rescue squad
while on duty with HUC will be paid up to four hours regular pay while on the emergency call.
SCHOOL CONFERENCE LEAVE
Any employee who has worked half-time or more may take unpaid leave for up to a total of
sixteen (16) hours during any 12-month period to attend school conferences or classroom
activities related to the employee's child (under 18 or under 20 and still attending secondary
school), provided the conference or school related activities cannot be scheduled during non -
work hours. When the leave cannot be scheduled during non -work hours and the need for the
leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a
reasonable effort to schedule the leave so as not to disrupt unduly the operations of HUC.
Employees may choose to use vacation leave hours or compensatory time for this absence, but
are not required to do so.
BONE MARROW/ORGAN DONATION LEAVE
Employees working an average of 20 or more hours per week must be granted paid leave, not to
exceed 40 hours unless agreed to by HUC, to undergo medical procedures to donate bone marrow
or to donate an organ or partial organ. HUC may require a physician's verification of the purpose
and length of the leave requested. If there is a medical determination that the employee does not
qualify as a bone marrow or organ donor, the paid leave of absence granted to the employee prior
to that medical determination is not forfeited.
RETIREMENT PROGRAM
HUC is a member of the State Public Employees Retirement Association ("PERA") and also
participates in the federal FICA (Social Security) program. Full-time employees must become
members of PERA effective the date of employment. Both HUC and the employee contribute to
PERA. Information on PERA is available from Human Resources.
DEFERRED COMPENSATION
HUC offers a 457 deferred compensation plan, which allows employees to place a portion of their
earnings through payroll deduction into a tax deferred investment program. Taxes on money set
aside are deferred until the time the money is withdrawn. HUC does not contribute to this 457
deferred compensation plan. For enrollment information, contact payroll.
PERSONAL USE OF UTILITY FACILITIES AND EQUIPMENT
No employee may use HUC facilities or equipment for personal use.
REQUIRED CLOTHING
HUC will provide employees required uniforms and safety clothing at no cost to the employee.
This clothing may differ by Department. See Staff Personnel for a list of the clothing HUC will
provide to those employees.
All clothing issued to employees by HUC may only be worn while the employee is on -duty for
HUC. Failure to wear flame resistant clothing at the appropriate times is a violation of HUC policy
and will subject the employee to discipline.
SMALL HAND TOOLS
RUC shall furnish the hand tools specified by the Manager as necessary to perform the employee's
job duties. HUC will replace any small tools damaged or broken on the job. The damaged hand
tool must be turned into the employee's Manager. It is the responsibility of the employee to replace
any missing hand tools.
RECOGNITION POLICY — SERVICE AWARDS AND RETIREMENT GIFTS
Obiective
Service awards and retirement gifts are provided to recognize and reward employees for service
with the company. Awards are granted without regard to position or salary.
Scope of Policy
Full-time, active employees are eligible for a service award for every five (5) years of service
completed. The service awards may increase in value based on longevity, per the table listed in
Service Award Procedures below.
Service Credit
Service credit for service awards will count from the first day an individual is considered a full-
time employee of HUC and continue while the employee remains on full-time, active status. If an
individual has a break in service, their service credit may resume accumulating when they return
to full-time status, depending on the nature of the break.
Service Award Procedures
HUC will inform the individual employee of their eligibility for a service award. Eligible
employees may select a gift card in the amount noted on the table below. Employee will receive
a Certificate of Appreciation signed by the General Manager and presented to them at the
Recognition Banquet. Gift cards must be for personal, tangible property and may not be redeemed
for cash.
Amount
Years of Service
$50
5 Years
$100
10 Years
$125
15 Years
$150
20 Years
$175
25 Years
$200
30 Years
$250
35 Years
$300
40 Years
Retirement Recognition Procedures
Retirees have the option of a potluck luncheon in their honor. A gift from HUC valued at no
greater than $300 will be given to the retiree. The immediate supervisor will be responsible for
coordinating the purchase of the gift.
HUTCHINSON UTILITIES COMMISSION
^I'�xP61Tti'°"
Board Action Form
Agenda Item: Approve Natural Gas Chain of Custody Agreement with 3M
Presenter: Byron Bettenhausen
Agenda Item Type:
Time Requested (Minutes): 5
New Business
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
HUC needs to put in place a Custody Transfer Agreement with 3M to delineate the
custody transfer point of infrastructure by each party located at each meter set.
In addition, this agreement ensures both parties acknowledge the responsibilities set
forth for the ownership, maintenance, measuring and monitoring of the natural gas
facilities.
BOARD ACTION REQUESTED:
Approve Chain of Custody Agreement
Fiscal Impact: 0
Included in current budget: No El Budget Change: No
PROJECT SECTION:
Total Project Cost: 0 Remaining Cost:
CHAIN OF CUSTODY AGREEMENT
FOR NATURAL GAS PIPELINE TRANSFER
This Chain of Custody Agreement ("Agreement") is entered into as of ("Effective Date"), by and
between: Hutchinson Utilities Commission (HUC), ("Upstream Party") and 3M Company, (`"Downstream
Party"), collectively referred to as the "Parties."
1. PURPOSE
The purpose of this Agreement is to define the point at which custody, ownership, control, and liability for
natural gas transfers from HUC to 3M.
2. DEFINITIONS
• Custody Transfer Point (CTP): The physical location where ownership and responsibility for the
natural gas transfers between Parties.
• Gas: Natural gas delivered through the pipeline system to the 3M facility.
• Measurement Equipment: Metering, regulation, and associated instrumentation used to quantify gas
flow.
• Meter Set: Each individual metering installation where gas is measured and delivered to 3M.
3. CUSTODY TRANSFER POINT
Custody transfer shall occur at each meter set at the following defined point:
Custody Transfer Point Definition:
For each meter set, the Custody Transfer Point shall be the downstream flange of the custody transfer meter.
At this point:
• Ownership of the gas transfers from HUC to 3M
• All risk of loss transfers from HUC to 3M
• Operational control and responsibility transition to 3M downstream of this point
4. OWNERSHIP AND RESPONSIBILITY
4.1 HUC Responsibilities (Upstream)
HUC shall:
• Own, operate, and maintain all facilities upstream of the Custody Transfer Point at each meter set
• Ensure delivered gas meets agreed quality specifications prior to transfer
• Retain all risk, loss, and liability for gas prior to the CTP
4.2 3M Responsibilities (Downstream)
3M shall:
• Assume full ownership, control, and responsibility for gas upon passing the CTP at each meter set
• Own, operate, and maintain all facilities downstream of the Custody Transfer Point
• Assume all risk, loss, and liability for gas after the CTP
5. MEASUREMENT AND METERING
• Gas volumes shall be measured using metering equipment located at each meter set.
HUC shall be responsible for operation and maintenance of the primary metering equipment unless
otherwise agreed.
• Calibration and verification shall be performed at mutually agreed intervals, with 3M having the right to
witness testing.
• In the event of meter failure, volumes shall be determined using best available data and accepted
industry estimation methods.
6. LIABILITY AND RISK
• Risk of loss transfers at the Custody Transfer Point at each meter set.
• Each Party shall be responsible for damages, losses, or incidents arising from its respective facilities.
Each Party agrees to indemnify and hold harmless the other from claims resulting from its negligence or
failure to meet obligations under this Agreement.
7. ACCESS AND INSPECTION
• 3M shall have reasonable access to each Custody Transfer Point for inspection and verification of
measurement equipment.
• HUC shall maintain operational control of each meter set unless otherwise agreed.
• All access shall be coordinated to ensure safety and system reliability.
8. RECORDS AND REPORTING
• HUC shall maintain measurement and operational records for a minimum of 5..... ......_ years.
• 3M shall have access to relevant data upon reasonable request.
• Any discrepancies shall be reviewed and resolved collaboratively.
9. DISPUTE RESOLUTION
• Disputes shall first be addressed through good faith negotiations between the Parties and if the dispute is
not resolved through negotiations Then each party may proceed to file an action in Mcleod County,
Minnesota District Court.
10. INTERRUPTION AND CURTAILMENT OF SERVICES
• Right to ,Interrupt or Curtail
Hutchinson Utilities Commission ("HUC") reserves the right to interrupt, curtail, or discontinue the
delivery of natural gas, in whole or in part, at or upstream of the Custody Transfer Point (defined as the
downstream flange of the custody transfer meter), only under the following conditions:
(a) emergency conditions, including but not limited to system failures, equipment malfunctions, or
threats to public safety;
(b) force majeure events;
(c) compliance with applicable laws, regulations, or governmental or regulatory orders; or
(d) upstream supply curtailments that are beyond the reasonable control of HUC.
Curtailment for routine maintenance or economic reasons shall not apply to Firm Delivery
Customers like 3M except where no reasonable alternative exists.
• Applicability at Custody Transfer Point
Curtailment or interruption by HUC shall occur at or upstream of the Custody Transfer Point. All
Natural gas, equipment, and facilities downstream of the Custody Transfer Point remain the sole
responsibility of 3M. 3M acknowledges that any interruption of supply at the Custody Transfer Point
will directly impact downstream operations and assumes all associated risks beyond said point.
• Service Classification and Priority
Service provided to 3M under this Agreement is classified as Firm Delivery Service.
HUC shall make all reasonable efforts to maintain uninterrupted service to 3M and shall not curtail
deliveries except under the conditions outlined in Section 1. In the event of system curtailment, HUC
shall prioritize deliveries in accordance with applicable regulatory requirements and generally accepted
utility practices.
To the extent practicable, firm service customers, including 3M, shall receive priority over interruptible
customers.
• Notice oflnterruption or Curtailment
HUC shall provide as much advance notice as reasonably practicable prior to any planned interruption.
For emergency or unplanned events, notice shall be provided as soon as practicable. Notification may be
made via phone, email, or designated operational communication systems agreed upon by both parties.
• 3M Operational Coordination
In the event curtailment is necessary under Section 1, 3M shall cooperate with HUC to safely reduce or
cease gas usage as directed. HUC shall coordinate with 3M to minimize operational disruption to the
extent reasonably practicable.
• Restoration of Service
HUC shall restore service to 3M as soon as reasonably practicable following resolution of the condition
causing the interruption. Restoration priority shall be consistent with 3M's classification as a Firm
Delivery Customer, subject to system integrity and safety considerations.
• Upstream Curtailment Pass -Through
Any curtailment, restriction, or interruption imposed on HUC by its upstream supplier(s) may be passed
through to 3M; however, HUC shall use commercially reasonable efforts to mitigate such impacts on
Firm Delivery Customers.
Limitation of Liability
HUC shall not be liable for any damages, losses, or expenses (including but not limited to lost
production, loss of profits, or business interruption) resulting from interruption or curtailment of service
implemented in accordance with this Agreement, except in cases of HUC's gross negligence or willful
misconduct.
11. TERM AND TERMINATION
• This Agreement shall remain in effect until terminated by either Parry with * * * * 90* * * * days written
notice.
• Provisions related to liability and indemnification shall survive termination.
12. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Minnesota.
13. ENTIRE AGREEMENT
This Agreement represents the entire understanding between HUC and 3M regarding custody transfer of natural
gas and supersedes any prior agreements.
SIGNATURES
Hutchinson Utilities Commission (RUC)
Name:
...............
Title:
Signature:
Date:
Name:
Title: _
Signature:
Date:
3M Company
Name:de
Title:
Signature:
Date: 5 fl aw 204-6
HUTCHINSON UTILITIES COMMISSION
^I'�xP61Tti'°"
Board Action Form
Agenda Item: Approve Natural Gas Maintenance Agreement with City of Fairfax
Presenter: Byron Bettenhausen
Agenda Item Type:
Time Requested (Minutes): 5
New Business
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
The Maintenance Agreement with the City of Fairfax has been updated to reflect the new
contract terms as well as provide revisions to the routine work performed by HUC
(Exhibit C).
BOARD ACTION REQUESTED:
Approve Fairfax Maintenance Agreement
Fiscal Impact: 0
Included in current budget: No El Budget Change: No
PROJECT SECTION:
Total Project Cost: 0 Remaining Cost:
HUTCHINSON UTILITIES COMMISSION
MAINTENANCE AGREEMENT
NATURAL GAS FACILITIES
City of Fairfax
5/15/2026
This document sets forth the terms and conditions of service for operation and maintenance of
the City of Fairfax's natural gas transmission/distribution metering, regulating, odorizing, water
bath heater and line control facilities provided to the City of Fairfax by Hutchinson Utilities
Commission.
NATURAL GAS FACILITIES MAINTENANCE AGREEMENT
THIS NATURAL GAS FACILITIES MAINTENANCE AGREEMENT ("Agreement") is
made and entered into on this 1st day of June 2026, by and between the City of Fairfax ("Owner")
with offices located at 18 pt Ave SE, Fairfax, Minnesota, 55332 and Hutchinson Utilities
Commission ("Operator") a Minnesota municipal utility located at 225 Michigan St. SE,
Hutchinson, Minnesota, 55350. Owner and Operator shall hereinafter sometimes be referred to
separately as 'Party" or jointly as 'Parties."
WITNESSETH:
WHEREAS, Owner has constructed or is constructing the Natural Gas Facilities (as
hereinafter defined);
WHEREAS, Owner desires to retain Operator to Maintain the Natural Gas Facilities on
behalf of Owner, and Operator is willing to provide said services on the terms and conditions set
forth herein.
NOW, THEREFORE, in consideration of the premises, mutual covenants, conditions and
agreements herein contained the parties hereto, intending to be legally bound, hereby agree as
follows:
ARTICLE L DEFINED TERMS
Section 1.1 Definitions.
The defined terms used in this Agreement shall, unless the context otherwise requires, have the
meanings specified in this Article I.
"Agreement" means this Natural Gas Facilities Maintenance Agreement, as the same may
from time to time be amended with written consent of Owner and Operator.
"Business Day" means any day except Saturday, Sunday or Federal Reserve Bank
Holidays.
"Commencement Date" shall mean "Nine a.m. Central Clock Time" on June 1, 2026.
"Emergency" means any suspected or actual abnormal condition that has already caused,
1
or represents an imminent threat to cause, Facility failure or damage, danger to or loss of
life, pollution, or any hazardous condition
"Facility" or "Facilities" means the natural gas metering and regulation equipment
belonging to Owner, including all apparatuses, located at the Fairfax Interconnect station
on the Hutchinson Pipeline, the District Regulator Stations serving the Cities of Fairfax and
Gibbon as well as two block valve sites located on the Owner's high-pressure
transmission/distribution line.
"Gas" shall mean natural gas, manufactured, artificial or synthetic gas, or any mixture or
combination thereof.
"Gas Day" shall mean a period beginning and ending at 9:00 a.m., Central Clock Time. The
reference date for any day shall be the date of the beginning of such day
"Governmental Authority" means (1) the United States of America, (ii) any state, county,
parish, municipality or other governmental subdivision within the United States of America,
and (iii) any court or tribunal or any governmental department, commission, board, bureau,
agency or other instrumentality of the United States of America or of any state, county,
parish, municipality or other governmental subdivision within the United States of America.
"Law" means any applicable statute, law, ordinance, regulation, rule, ruling, order, decree,
writ, injunction, judgment or other official act of or by any Governmental Authority.
"Maintenance Fee" means the fee for Operator performing Maintenance of the Facilities
and Routine Work.
"Maintenance" means all work or services required to be furnished or performed by
Operator pursuant to this Agreement.
"Operator" means Hutchinson Utilities Commission and its permitted successors and
assigns hereunder.
"Owner" means City of Fairfax and its permitted successors and assigns hereunder.
2
"Permits" means all licenses, permits, certificates, orders, approvals and authorizations of
any Governmental Authority necessary for or obtained in connection with operation of the
Facilities or performance of the Operations.
"Person" means any individual, firm, corporation, partnership, joint venture, association,
trust or other entity or organization, including a government or political subdivision or an
agency or instrumentality thereof.
"Routine Work" includes day-to-day maintenance, testing and repair and more particularly
defined in Exhibit C of this Agreement.
"Non -Routine Work" includes work not included in the Routine Work, but shall be provided
on an as -needed basis. Said services and fees are set forth in Exhibit D.
"Year" or 'year" means aperiod of 12 consecutive months commencing on June 1st and
ending on the following June l"
Section 1.2 References, Gender, Number.
Unless the context requires otherwise, all references in this Agreement to an "Article," "Section" or
"Subsection" shall be to an Article, Section or Subsection of this Agreement, and the words "this
Agreement," "hereof," "hereunder," "herein," "hereby," or words of similar import shall refer to this
Agreement as a whole and not to a particular Article, Section, subsection, clause or other
subdivision hereof. Whenever the context requires, the words used herein shall include the
masculine, feminine and neuter gender, and the singular and the plural.
ARTICLE II: RESPONSIBILITIES OF OPERATOR
Section 2.1 General Res7nonsibilities.
(a) General.
Operator is here by appointed to perform the Maintenance according to prudent practices
generally followed by the gas pipeline industry under similar circumstances. To the extent
necessary to carry out its duties hereunder, Operator certifies that it is qualified under the
3
Operator Qualification Program as required by the federal Department of Transportation
and the Minnesota Office of Pipeline Safety. Operator also certifies that it complies with
the Federal requirements outlined in 49 CFR Parts 40 and 199 pertaining to alcohol and
controlled substance testing. Operator shall provide Owner with the services required for
the testing, maintenance and repair of the Facilities as more fully described below and in
Exhibit C and D. Owner and Operator shall have unrestricted access to the Facilities. It is
expressly understood and agreed that in the performance of its obligations under this
Agreement, Operator is and shall at all times be an independent contractor. Operator, as an
independent contractor, shall be solely responsible for its employees and equipment. Owner
acknowledges that Maintenance is dependent upon Owner providing Operator access to the
Facilities.
(b) Routine Work.
On and after the Commencement Date, Operator shall perform or cause to be performed all
Routine Work for the Facilities, including but not limited to, repair, improvement,
maintenance, alteration, inspection, testing, protection and other operations and activities
with respect to the Facilities as are reasonably necessary to maintain the Facilities in a "first-
class operating condition" in accordance with the federal safety and maintenance standards
promulgated under 49 CFR Part 192 and the regulations of the Minnesota Office of Pipeline
Safety. The Routine Work is described in greater detail in Exhibit C.
(c) Emergency Work.
Operator will perform all Emergency maintenance and repair of the Facilities consistent
with prudent practices generally followed by the gas pipeline industry under similar
circumstances. Operator will notify Owner of any Emergency condition affecting the
Facilities promptly after Operator learns of such condition and will consult with Owner, as
far as practical, concerning the actions that are necessary. If Owner fails to respond or if
Operator is otherwise unable to consult with Owner, the Operator shall take those actions
that Operator believes are necessary consistent with prudent utility practices and will
contact Owner as soon as possible after the fact.
C!
Owner will notify Operator after Owner learns of any Emergency condition affecting the
Facilities promptly after Owner learns of such conditions and will consult with Operator,
as far as practical, concerning the actions that are necessary. Operator shall take those
actions that the Operator believes are necessary consistent with prudent utility practices and
will respond promptly to remedy emergency situation.
(d) Scheduling.
To the extent reasonably possible, the performance of repair or maintenance that affects the
operations of the Facilities shall be scheduled to be performed only at times acceptable to
Owner. Except for Emergency or unplanned work, in the event it is necessary to either
interrupt or curtail the gas supply or to otherwise impose abnormal operating conditions on
the Facilities, Owner shall be notified in advance and an agreement must be reached as to
the time scheduled for such work.
(e) Work by Others.
If any part of the Maintenance is dependent upon the quality and completeness of work
performed under another contract unrelated to Operator, Operator shall not be responsible
if the work performed under the other contract is defective or unsuitable and such condition
affects the timing, scheduling or quality of the Operations performed by Operator hereunder.
Section 2.2 Personnel.
Operator may employ or, contract for, the services of and be responsible for the supervision of
Persons (including consultants and professional, service or other organizations) reasonably required
by Operator to perform the Maintenance in an efficient and prudent manner. The number of Persons
used by Operator in conducting the Maintenance, their hours of work and their compensation for
services performed shall be determined by Operator. All employees and other personnel provided
by Operator pursuant to this Agreement shall be the employees or independent contractors of
Operator and in no event shall such employees or other personnel be deemed employees or
contractors of Owner. On or before the Commencement Date, Operator shall
5
designate to Owner in writing a representative who shall be authorized to act on behalf of Operator
as to the Maintenance and with whom Owner may consult at all reasonable times. Operator may
change its representative by written notice to Owner
Section 2.3 Operator Warranties.
Operator warrants and represents to Owner as follows: Operator shall perform the Maintenance,
and shall require all contractors, subcontractors and materialmen furnishing labor, material or
services for the Maintenance to perform their services and carry out their responsibilities, in a
diligent, safe and efficient manner in accordance with good workmanlike and prudent practices
generally followed by the gas pipeline industry under similar circumstances, but such practices
shall not be less than as may be specifically required by this Agreement. In carrying out such
responsibilities, Operator shall comply, and shall use its reasonable efforts to require all contractors,
subcontractors and material to comply, with all Laws of Governmental Authorities having
jurisdiction. All policies and procedures to be developed by Operator hereunder shall be available
to Owner for its review at Operator's office during normal business hours.
THESE WARRANTIES- ARE EXCLUSIVE AND GIVEN IN LIEU OF ALL OTHER
WARRANTIES WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY
RIGHTS, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR
TRADE PRACTICE).
Section 2.4 Owner Warranties.
Owner warrants and represents to Operator that the information it supplies to Operator upon which
the Operations may be based is true and correct to the best of Owner's knowledge.
Section 2.5 Fee for Routine Work.
Fees for Routine work are stated in Exhibit "C".
Section 2.6 Compensation for Non -Routine Work.
Except for any non -routine expenditure that results from Operator's breach of this Agreement,
negligence, or willful misconduct, Owner shall bear the cost of any direct out-of-pocket expenditure
reasonably incurred by Operator for Non -Routine Work performed in connection with the Facilities,
including labor and materials, plus Operator's overhead as stated in Exhibit "D". Any Non -Routine
Work that is in excess of $500.00 per event and that is not the result of an Emergency, will be
reviewed and approved by the Owner in advance, subject to Section 2.1(c). "Non -Routine Work" is
defined in more detail in Exhibit D attached hereto.
Section 2.7 PaylLient.
On or before the twentieth (20th) day of each calendar month, Operator shall render an
invoice to Owner indicating all fees payable under this Agreement for the preceding
calendar month. Payment is due from Owner on or before the thirty fifth day following the
date the bill is issued by Operator. A late payment charge of one and one-half percent per
month, or the legally authorized maximum interest rate, whichever is lower, shall be levied
on any unpaid balances.
Section 2.8 Owner Duties.
Owner shall fully cooperate with Operator in performing Maintenance. Owner hereby
grants Operator the non-exclusive right to access and use the Facilities, for purposes of and
subject to the terms of this Agreement.
ARTICLE III: TRANSFERS OF RESPONSIBILITIES OF OPERATOR
Section 3.1 Transfer of Responsibilities.
(a) Upon the expiration of this Agreement or the removal of Operator under Section 7.2, the
Operator shall assign, transfer and deliver to the Person selected by Owner to succeed
Operator (or to such other Persons as Owner shall direct) (1) possession and control of the
Facilities and all Operations and (2) to the extent requested by Owner, all contracts,
warranties, operating and maintenance manuals, designs, drawings, operational plans,
7
proprietary information and operational rights obtained or entered into by Operator
exclusively with respect to the Facilities or exclusively in _connection with the
Maintenance, in each case without giving rise to any penalty, charge, restriction, lien,
security interest, encumbrance, cancellation, termination, acceleration or change in terms
not previously approved by Owner. Operator shall fully cooperate with Owner in transfer
of Maintenance hereunder to Owner or a successor operator designated by Owner. Upon
termination, Operator shall return to Owner all original records and any materials
purchased by Operator and paid for by Owner, such as pretested pipe, valves and other
miscellaneous materials and supplies.
(b) As soon as practicable after the date on which the Operator is required to transfer its
responsibilities as provided in Article Ill (a), Owner may conduct an audit and inventory of
the Facilities and all of Owner's assets and properties operated, managed or controlled by
Operator. Such audits and inventory shall be used in the return of and the accounting for
the Facilities and Owner's properties and assets by Operator for the purposes of the transfer
of responsibilities under Article III. All costs and expenses incurred in connection with such
audits and inventory shall be borne by Owner.
ARTICLE IV: INSURANCE
Section 4.1 Owner's Insurance.
Owner shall procure and maintain in full force and effect, at the Owner's cost, all risk property
insurance in an amount equal to the full insurable value of the Facilities.
Section 4.2 Operator's Insurance.
Operator shall procure and maintain in full force and effect at the Operator's cost, the following
insurance coverage:
(a) Worker's Compensation and Employer's Liability insurance in accordance with the laws
of Minnesota with limits for Employer's Liability of $1,500,000 per accident or disease,
aggregate as disease.
8
(b) Business automobile liability insurance covering owned, non -owned and hired vehicles
with minimum combined single limits for bodily injury and property damage for any single
loss of $2,000,000.
(c) Commercial general liability insurance with completed operations coverage for claims
alleging bodily injury including death and damage to property of others, with a combined
single limit of $2,000,000 for bodily injury and property damage per occurrence and
$3,000,000 in the aggregate.
(d) Excess liability insurance for claims alleging bodily injury including death and damage to
property with a combined single limit of $5,000,000 for bodily injury and property damage
per occurrence and in the aggregate.
Section 4.3 Other Insurance Requirements.
Each Party shall be listed as an additional insured with respect to the insurance coverage required
under this Article IV. All insurance policies shall be endorsed to provide that all insureds and
additional insureds hereunder be given thirty (30) days' advance notice of cancellation or material
change. Within thirty (30) days of the date of this Agreement, each Party shall furnish to the other
Party certificates as evidence showing that the insurance policies to be carried in accordance with
this provision have been obtained.
Section 4.4 Maximum Liability.
Operator's maximum liability is limited to a combined single limit of $1,500,000 by Minnesota
Statute.
ARTICLE V: FORCE MAJEURE
Section 5.1 Performance Excused.
If any Party is rendered unable, wholly or in part, by force majeure to carry out its obligations under
this Agreement, other than the obligation to make money payments or to furnish security, that party
shall give to all other parties prompt written notice of the force majeure with reasonably full
particulars concerning it; and thereupon, the obligations of the party giving notice, so far as they
are affected by the force majeure, shall be suspended during, but no longer than, the
01
continuance of the force majeure. The party claiming force majeure shall notify the other parties
of the force majeure situation within a reasonable time after the occurrence of the facts relied on
and shall keep all parties informed of all significant developments. Such notice shall give
reasonably full particulars of said force majeure, and also estimate the period of time, which said
party will probably require to remedy the force majeure. Force Majeure does not relieve the
operator of the contractual responsibilities to operate the Facilities; provided that, the Facilities can
be operated utilizing reasonable and safe methods. The affected party shall use all reasonable
diligence to remove the force majeure situation as quickly as practicable in an economic manner.
The requirement that any force majeure shall be remedied with all reasonable dispatch, shall not
require the settlement of strikes, lockouts or other labor difficulty by the party involved, contrary
to its wishes; how all such difficulties shall be handled shall be entirely within the discretion of the
party concerned.
Section 5.2 Force Majeure Defined.
The term "force majeure", as here employed, shall mean an act of God, strike, lockout or other
industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, storm,
flood, earthquake, explosion, pandemic, governmental action, governmental delay, restraint or
inaction, unavailability of equipment/supply chain issues and any other cause, whether of the kind
specifically enumerated above or otherwise, which is not reasonably within the control of the party
claiming suspension.
ARTICLE VI: ASSIGNMENT
Section 6.1 Assignment by Owner.
Owner may not assign all or any part of its rights or obligations under this Agreement without
prior written consent of Operator.
Section 6.2 Assignment by
Operator may not assign all or any part of its rights or obligations under this Agreement without
the prior written consent of Owner. Such approvals shall not be unreasonably delayed, withheld or
conditioned.
10
ARTICLE VII: TERM
Section 7.1 Term.
This Agreement shall become effective on the Commencement Date and shall continue in force
and effect until "Nine a.m. Central Clock Time" on June 1, 2027, and year-to-year thereafter,
subject to termination.
(a) Owner shall notify Operator in writing ninety (90) days prior to the expiration date of this
Agreement as to Owner's desire for Operator to continue maintenance of the Facility.
Operator shall respond in writing to Owner within thirty (30) days of receipt of Owner's
notice and on or before sixty (60) days prior to the expiration of this Agreement regarding
the Operator's desire to continue as Operator.
Section 7.2 Default and Termination.
Upon failure by either Party in the performance of any provision, condition or requirement herein,
the other Party may give notice in writing to the defaulting party specifying the default. Unless
such default is cured within thirty (30) days following receipt of such notice to the defaulting Party,
or if such default is susceptible of being cured and such cure cannot be completed with such thirty
(30) days period, then if the cure thereof is not undertaken promptly upon receipt of such notice
and diligently prosecuted thereafter, this Agreement may be terminated within sixty (60) days of
the date of the notice claiming default was written at the option of the Party serving such notice of
default.
Section 7.3 Effect of Termination.
Termination of this Agreement shall not relieve either Party from any obligation including
payments due for Operations as provided in this Agreement, accruing to the date of such termination
or relieve any Party of any liability for its breach of this Agreement. Article III shall survive any
termination of this Agreement.
1
ARTICLE VIIL• MISCELLANEOUS
Section 8.1 Governima Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Minnesota without reference to the choice or conflict of law, rules or principals thereof which
would refer the matter to the laws of another jurisdiction.
Each Parry shall abide by the Laws of any Governmental Authorities with jurisdiction over the
matters of this Agreement, as maybe amended from time to time.
Section 8.2 Entire Agreement.
This Agreement and the Schedules and Exhibits hereto contain the entire agreement between the
Parties with respect to the subject matter hereof and there are no agreements, understanding,
representations or warranties between the parties other than those set forth or referred to herein.
Section 8.3 Notices.
Except as otherwise specifically provided, all notices authorized or required between the Parties by
any of the provisions of this Agreement, shall be in writing, in English and delivered in person or
by registered mail or by courier service or by any electronic means of transmitting written
communications that provides confirmation of complete transmission, and addressed to such Parties
as designated below. The originating notice given under any provision of this Agreement shall be
deemed delivered only when received by the Party to whom such notice is directed, and the time
for such Party to deliver any notice in response to such originating notice shall run from the date
the originating notice is received. The second or any response notice shall be deemed delivered
when received. 'Received", for purposes of this Section with respect to written notice delivered
pursuant to this Agreement, shall be actual delivery of the notice to the address of the Party to be
notified, specified in accordance with this Section. Each Party shall have the right to change its
address at any time and/or designate that copies of all such notices be directed to another Person at
another address, by giving written notice thereof to all other Parties.
12
City of Fairfax
18 pt St. SE
Fairfax, MN 5539655332
Attention: Andrea Merkel
City Administrator
E-Mail: Admin(cr�fairfax-mn.gov
Telephone No.: 507-426-7255
Hutchinson Utilities Commission
225 Michigan St. SE
Hutchinson, Minnesota 55350
Attention: Byron Bettenhausen
E-Mail: bbettenhausenL&hutchinsommn.goy
Telephone No.: 320-234-0507
Fax No.: 320-587-4721
Section 8.4 Successors and As
Subject to- the restrictions and requirements on assignment and transfer contained in this
Agreement, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and
their respective successors and assigns.
Section 8.5 Headin
The headings to Articles, Sections and other subdivisions of this Agreement are inserted for
convenience of reference only and will not affect the meaning or interpretation of this Agreement.
Section 8.6 Amendments and Waivers.
This Agreement may not be modified or amended except by an instrument or instruments in
writing, signed by all Parties. Any Party may, only by an instrument in writing, waive compliance
by another Party hereto with any term or provision of this Agreement on the part of such other Party
hereto to be performed or complied with. The waiver by any Party of a breach of any term or
provision of this Agreement shall not be construed as a waiver of any subsequent breach.
13
Section 8.7 Schedules and Exhibit.
All Schedules and Exhibits to this Agreement are hereby incorporated by reference.
Section 8.8 Agreement for the Parties' Benefit Only
This Agreement is not intended to confer upon any Person not a party hereto or a permitted
successor or assign of a Party any rights or remedies hereunder, and no Person, other than the
Parties or a permitted successor or assign thereof, is entitled to rely on any covenant or agreement
contained herein.
Section 8.9 Severability.
If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced
by any rule of law or public policy, all other conditions and provisions of this Agreement shall
nevertheless remain in full force and effect so long as the economic or legal substance of the
transactions contemplated hereby is not affected in any adverse manner to any party. Upon such
determination that any term or other provision is invalid, illegal or incapable of being enforced, the
parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent
of the parties as closely as possible in an acceptable manner to the end that the transactions
contemplated hereby are fulfilled to the extent possible.
Section 8,.10 Independent Contractor, No Partnership
Operator shall perform its duties and obligations hereunder as an independent contractor, and
nothing contained herein shall be deemed to create a relationship of employer/employee,
master/servant, agency, partnership or joint venture. This Agreement is not intended to create, and
shall not be construed to create, a relationship of partnership or an association for profit between
Operator and Owner.
Section 8.11 Data Practices Act.
The Parties acknowledge that Operator is subject to Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13 (the "Act"), including limiting public access to trade secret and
14
other protected data. Each Parry agrees to defend, indemnify, and hold harmless the other Party,
its officials, officers, agents, employees, contractors, and subcontractors from any claims resulting
from unlawful disclosure and/or use of such protected data. Owner agrees to promptly notify
Operator if Owner receives a request to access the terms of this Agreement, and to cooperate with
Operator if Operator seeks a protective order, at Operator's expense. Owner agrees to promptly
notify Operator if Owner becomes aware of any potential claim, or facts giving rise to potential
claims, under the Act. The terms of this section shall survive the termination of this Agreement.
Section 8.12 News Releases.
News releases concerning the Maintenance or the Facilities shall only be made in accordance with
the following guidelines, subject to the requirements of applicable laws and governmental rules
and regulations:
No public announcement or statement shall be issued by Operator unless prior to its release Owner
has been furnished with a copy of such statement or announcement and the reasonable approval of
the Owner has been obtained. Where a public announcement or statement becomes necessary or
desirable because of an Emergency as a result of activities arising under this Agreement, Operator
is authorized to issue and make such announcements or statements without prior reasonable
approval of the Owner but shall promptly furnish Owner with a copy of the announcement or
statement.
Section 8.13 Authority„to Enter Agreement.
Each parry to this Agreement represents and warrants that it has full and complete authority to enter
into and perform this Agreement. Each person who executes this Agreement on behalf of either
party represents and warrants that it has full and complete authority to do so and that such parry
will be bound thereby.
Section 8.14 Alternative Dispute Resolution.
Whenever the Parties disagree on the interpretation or enforcement of this Agreement, or upon
calculations or payments, then upon written request of either Party, representatives with settlement
authority for each Party shall meet in person and confer in good faith to resolve the dispute. If the
1
Parties are unable to resolve the dispute; they shall submit their dispute to mediation pursuant to
the Minnesota Civil Mediation Act. If the dispute is not resolved by mediation, the Parties may
invoke their legal remedies available by law.
Section 8.15 CounterpArtss.
This Agreement may be executed in counterparts, and each executed counterpart shall have the
same force and effect as an original instrument.
ARTICLE IX: LIABILITY; INDEMNITY
Section 9.1 Indemnification byOwner
Owner shall defend, protect, indemnify, and hold harmless Operator, and its members, directors,
officers, employees and agents from and against all liability, claims, liens, costs, expenses,
demands, fines or other actions imposed by any Governmental Agency with jurisdiction, suits and
causes of action of every kind and character arising in favor of any third party on account of
personal injuries or death, or damages to property (including without limitation claims for pollution
and environmental damage) in any way directly resulting from the negligent acts or omissions of
the Owner, its agents, employees, representatives, or contractors, or from the failure of Owner, its
agents, employees, representatives, or contractors to perform its obligations under this Agreement
and in compliance with all applicable Laws. This indemnity includes Owner's agreement to pay all
costs of defense, including without limitation attorneys' fees, incurred by any person or party
indemnified herein.
Owner acknowledges that utility equipment malfunction or failure may occur notwithstanding the
inspection, maintenance, and repair work performed hereunder, and hereby indemnifies, releases,
and holds Operator harmless from any claim or liability, and any direct or indirect damages claimed
or actually suffered (including, without limitation, consequential damages and loss of profits),
resulting from any utility equipment malfunction or failure occurring during the term of this
Agreement, except such claims or liability directly resulting from the negligent acts or omissions
of Operator.
IGol
Section 9.2 Indemnification by Operator
Subject to Section 2.1 (c), Operator shall defend, protect, indemnify, and hold harmless Owner, and
its members, directors, officers, employees and agents from and against all liability, claims, liens,
costs, expenses, demands, fines or other actions imposed by any Governmental Agency with
jurisdiction, suits and causes of action of every kind and character arising in favor of any third parry
on account of personal injuries or death, or damages to property (including without limitation claims
for pollution and environmental damage) in any way directly resulting from the negligent acts or
omissions of Operator, its agents, employees, representatives, or contractors, or from the failure of
Operator, its agents, employees, representatives, or contractors to perform its obligations under this
Agreement and in compliance with all applicable Laws. This indemnity includes Operator's
agreement to pay all costs of defense, including without limitation attorneys' fees, incurred by any
person or party indemnified herein.
Operator agrees that the obligations of indemnification herein include, but are not limited to, liens
by third parties against Owner and its property because of labor, services, materials, or any other
subject of lien, furnished to Operator or its assignees or subcontractors, in connection with any work
performed by Operator hereunder.
Section 9.3 No Consequential Damages
Under no circumstances shall either Party hereto be liable to the other hereunder for indirect,
special, consequential or similar damages, or for loss of profits.
17
WHEREFORE, the Parties have executed this Agreement in two (2) duplicate originals by their
duly authorized, respective officers, effective as of the date specified above.
CITY OF FAIRFAX
HUTCHINSON UTILITIES
COMMISSION
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
Witness:
Witness:
Date:
Date:
HUTCHINSON UTILITIES
COMMISSION
By:
Name:
Title:
Date:
Witness:
Date:
18
This Exhibit "A" is attached to and made part of that certain Maintenance Agreement - Natural
Gas Facilities (the "Agreement") by and between City of Fairfax ("Owner") and Hutchinson
Utilities Commission ("Operator").
OPERATOR'S PAYMENT INSTRUCTIONS:
For the purpose of this Agreement, Owner shall make all payments provided in the Agreement to
Operator via Check to the following:
Hutchinson Utilities Commission
225 Michigan St SE
Hutchinson, Minnesota 55350
EXHIBIT "B"
This Exhibit "B" is attached to and made part of that certain Maintenance Agreement - Natural
Gas Facilities (the "Agreement") by and between City of Fairfax ("Owner") and Hutchinson
Utilities Commission ("Operator").
Owner has constructed (or will construct) and own the natural gas facilities, including all
apparatuses, located at the Fairfax Interconnect station on the Hutchinson Pipeline, the District
Regulator Stations serving the Cities of Fairfax and Gibbon as well as the two Block Valve Sites
located on the Owner's high-pressure transmission/distribution line, appurtenances thereto,
("Facility" or "Facilities") serving City of Fairfax, Fairfax, Minnesota.
Each interconnected third -party natural gas operator shall operate their respective pipeline facilities
connected to the Facilities.
EXHIBIT "C"
This Exhibit "C" is attached to and made part of that certain Maintenance Agreement - Natural Gas
Facilities (the "Agreement") by and between City of Fairfax ("Owner") and Hutchinson Utilities
Commission ("Operator").
ROUTINE WORK
All labor shall be charged at a cost plus 50% of the Operator hourly rate in affect at the time of
the work being performed multiplied by the number of hours required by the employee(s) to
complete Maintenance work for Owner.
Hours required to complete Maintenance includes travel time from Operators' work center to job
site including return trip to Operator's work center.
Operator non -overtime rate - $63/hour
Operator vehicle hourly rate - $47/hour
All materials shall be charged at a cost plus 15% to cover all inventory and purchasing fees.
LIST OF ROUTINE ITEMS:
1. Inspect Fairfax Reg Station
a. Operate valves
b. Atmospheric corrosion check / CP
c. Switch regulator nuns every year to operate on other nun/check locktip
d. Check operation of relief valve
e. Rebuild Regulators per manufacture recommendations (every 6 yrs)
f. Rebuild Relief valve per manufacture recommendations (every 6 yrs)
2. Inspect Gibbon Reg Station
a. Operate valves
b. Atmospheric corrosion check / CP
c. Switch regulator nuns every year to operate on other nun/check locktip
d. Check operation of relief valve
e. Rebuild Regulators per manufacture recommendations (every 6 yrs)
f. Rebuild Relief valve per manufacture recommendations (every 6 yrs)
3. Inspect and operate all valves at Interconnect Gas shed
4. Inspect Top Run
a. Switch to other nun for the year and check for locktip operation
b. Rebuild regulator every 6 years unless we have mechanical failure of regulator
5. Inspect Bottom Run
a. Switch to other nun for the year and check for locktip operation
b. Rebuild regulator every 6 years unless we have mechanical failure of regulator
6. Rebuild Odorizer
a. Yearly rebuild (manufacture recommendation)
b. Replace battery every 2 yrs (manufacture recommendation)
7. Help work on line -heater only as requested by City of Fairfax
8. Help with odor transfer only as requested by City of Fairfax
EXHIBIT "C", continued
A. Legal and Regulatory Compliance
1. Maintain DOT System records
2. Maintain Training & DOT Operator Qualification Program and records
3. Maintain Anti -Drug and Alcohol compliance programs
4. Maintain operating procedures, maintenance procedures, and training plans and
procedures to be followed for Maintenance, and ensure procedures and plans are
available for review by Owner in Operator's office during normal business hours
5. Maintain Emergency Response Plan, Operation & Maintenance Manual, and
Operator Qualification Plan, including annual updates
6. Reporting to Owner any notices of violations of any Laws or Permit provisions
7. Maintain the Facilities' and Operations' ongoing compliance with all Laws and Permits
B. Monitoring and Testing
1. Witness third party meter calibrations at the request of Owner.
2. Perform monthly odorization monitoring
3. Maintain proper documentation on all inspections, tests and calibrations completed by HUC
C. Other
1. Maintain in force and effect and require all contractors (and their subcontractors)
performing services for the benefit of Owner to maintain in force and effect, insurance
of the types and in the amounts specified by Owner.
2. Undertake all reasonable efforts to keep the Facilities, all contracts relating to the
Maintenance, and all property and rights of Owner free and clear of any and all liens,
encumbrances, security interests, charges, claims and restrictions arising out of or on
account of the Operations
3. Maintain 24-hour emergency telephone number
4. Procure and furnish all equipment, services, supplies, labor and supervision necessary
to carry out Operator's responsibilities under this Agreement.
EXHIBIT "D"
This Exhibit "D" is attached to and made part of that certain Maintenance Agreement - Natural
Gas Facilities (the "Agreement") by and between City of Fairfax ("Owner") and Hutchinson
Utilities Commission ("Operator").
NON -ROUTINE WORK
EXAMPLE OF NON -ROUTINE ITEMS:
After-hours, holidays, weekends emergency response
2. Additional personnel as may be
required during emergencies
3. Additional contractors as may be required
during emergencies
Any and all other items relevant to the
metering and regulation facility operation and
maintenance that are neither listed above
nor included in the attached Exhibit C.
Expense"
Cost + 80%
Cost + 80%
Cost + 50%
Cost + 50%
** "Expense", as referenced above, shall be the cost of materials, equipment and third -
party labor to complete the applicable work or project. Operator shall invoice such cost plus
listed overhead. In addition, thereto, Operator shall charge $63.00 per man-hour for non -
overtime work. All vehicles and equipment shall be charged by the amount reflected in the
following table. All labor shall be billed at the appropriate hourly rate; straight time, time and
one-half or double time dependent on time of day and day of week work was required.
EXHIBIT "D", continued
Labor and E ui ment Rates Der Hour
AIR COMPRESSOR
$42.00
WELDER
$52.00
BACKHOE
$80.00
VEHICLE
$47.00
OPERATOR
$63.00
HUTCHINSON UTILITIES COMMISSION
^I'�xP61Tti'°"
Board Action Form
Agenda Item: Approve Amendment #2 to the Heartland Corn Reservation Agreement
Presenter: Jeremy
Agenda Item Type:
Time Requested (Minutes): 5
New Business
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
HCP entered into a Firm Capacity Reservation agreement on December 20, 2023 to
earmark an additional 4,700 Dth's/day of capacity to account for future growth and
natural gas needs in their operations.
The first amendment converted 400 Dth's/day from the reservation agreement to the firm
transportation agreement leaving the reservation agreement amount at 4,300 Dth's/day.
At this time, HCP is requesting to convert an additional 1000 Dth's/day from the
reservation agreement to the firm transportation agreement.
This will bring the reservation agreement down from 4,300 Dth/day to 3,300 Dth/day.
BOARD ACTION REQUESTED:
Approve Amendment #2
Fiscal Impact: - $21,350
Included in current budget: No Budget Change: No
PROJECT SECTION:
Total Project Cost: Remaining Cost:
�rtCHINS
utchinson
Utilities
vrraln��
Commission
2ND AMENDMENT TO HEARTLAND CORN PRODUCTS
NATURAL GAS FIRM CAPACITY RESERVATION AGREEMENT
THIS AMENDMENT (THE "AMENDMENT") IS MADE AND ENTERED INTO THIS
TH DAY OF MAY, 2026 BY HEARTLAND CORN PRODUCTS ("HCP"),
LOCATED AT MN-1 9, WINTHROP, MINNESOTA, 55396 AND HUTCHINSON
UTILITIES COMMISSION ("HUC") A MINNESOTA MUNICIPAL UTILITY
LOCATED AT 225 MICHIGAN ST SE, HUTCHINSON, MINNESOTA, 55350,
PARTIES TO THE AGREEMENT DATED DECEMBER 20TH, 2023.
2. THE AGREEMENT IS AMENDED AS FOLLOWS:
• EFFECTIVE .JUNE 1 ST, 2026 HEARTLAND CORN PRODUCTS ELECTS
TO REDUCE THE FIRM NATURAL GAS CAPACITY RESERVATION AMOUNT
FROM 4,300 DTH PER DAY TO 3,300 DTH PER DAY FOR 365 DAYS
PER YEAR.
EXCEPT AS SET FORTH IN THIS AMENDMENT, THE AGREEMENT 1S
UNAFFECTED AND SHALL CONTINUE IN FULL FORCE AND EFFECT IN
ACCORDANCE WITH ITS TERMS AND CONDITIONS. IN THE EVENT THERE IS A
CONFLICT BETWEEN THIS AMENDMENT AND THE AGREEMENT, THE TERMS
OF THIS AMENDMENT SHALL PREVAIL.
THIS AMENDMENT SETS FORTH ALL TERMS AGREED UPON BETWEEN THE
PARTIES, AND NO PRIOR ORAL AMENDMENTS SHALL., BE BINDING. THIS
AMENDMENT SHALL NOT' BE ALTERED, AMENDED OR MODIFIED EXCEPT AS IN
WRITING AND EXECUTED BY BOTH PARTIES.
HUTCHINSON UTILITIES COMMISSION
BY:
NAME: _
TITLE:
DATE: _
WITNESS:
TITLE:
DATE:
HEARTLAND N PRODUCTS
d
By: -
NAME:
TITLE: Cam.
DATE:
HUTCHINSON UTILITIES COMMISSION
^I'�xP61Tti'°"
Board Action Form
Agenda Item: Approve Amendment #2 to the Heartland Corn Firm Transportation Agreement
Presenter: Jeremy
Agenda Item Type:
Time Requested (Minutes): 5
New Business
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
Hutchinson Utilities Commission entered into a Natural Gas Firm Transportation
Capacity Agreement with Heartland Corn Products (HCP) on November 1, 2023 to
provide firm transportation capacity in the amount of 12,300 Dth's/day through
11 /30/2043.
HCP also entered into a Firm Capacity Reservation agreement on December 20, 2023 to
earmark an additional 4,700 Dth/day of capacity to account for future growth and natural
gas needs in their operations. This agreement expires on 9/30/2027.
The first amendment converted 400 Dth's/day from the reservation agreement to the firm
transportation agreement which currently totals 12,700 Dth's/day.
At this time, HCP is requesting to convert an additional 1000 Dth's/day from the
reservation agreement to the firm transportation agreement.
This change will adjust the current firm transportation agreement from 12,700 to 13,700
Dth's/day of firm capacity on the pipeline.
BOARD ACTION REQUESTED:
Approve Amendment #2
Fiscal Impact: + $42,700
Included in current budget: No Budget Change: No
PROJECT SECTION:
Total Project Cost: Remaining Cost:
�cCHINS
Hutchinson
Utilities
"Commission
Utit Itts
2ND AMENDMENT TO HEARTLAND CORN PRODUCTS
NATURAL GAS FIRM TRANSPORTATION CAPACITY AGREEMENT
THIS AMENDMENT (THE "AMENDMENT") IS MADE AND ENTERED INTO THIS
�) TH DAY OF MAY, 2026 BY HEARTLAND CORN PRODUCTS ("HCP"),
LOCATED AT MN-1 9, WINTHROP, MINNESOTA, 55396 AND HUTCHINSON
UTILITIES COMMISSION ("HUC") A MINNESOTA MUNICIPAL UTILITY
LOCATED AT 225 MICHIGAN ST SE, HUTCHINSON, MINNESOTA, 55350,
PARTIES TO THE AGREEMENT DATED NOVEMBER 1, 2023.
2. THE AGREEMENT IS AMENDED AS FOLLOWS:
EFFECTIVE JUNE 1 ST, 2026 HEARTLAND CORN PRODUCTS ELECTS TO
CONVERT 1,000 DTH PER DAY FROM THE NATURAL GAS FIRM CAPACITY
RESERVATION AGREEMENT ENTERED INTO ON THE 20TH DAY OF DECEMBER
23, 2023 TO THE NATURAL GAS FIRM TRANSPORTATION AGREEMENT.
THIS AMENDMENT CONSTITUTES HUC SHALL PROVIDE TO HCP FIRM
NATURAL GAS TRANSPORTATION CAPACITY IN THE AMOUNT OF 13,700 DTH
PER DAY FOR 365 DAYS PER YEAR.
EXCEPT AS SET FORTH IN THIS AMENDMENT, THE AGREEMENT IS
UNAFFECTED AND SHALL CONTINUE IN FULL FORCE AND EFFECT IN
ACCORDANCE WITH ITS TERMS AND CONDITIONS. IN THE EVENT THERE IS A
CONFLICT BETWEEN THIS AMENDMENT AND THE AGREEMENT, THE TERMS
OF THIS AMENDMENT SHALL PREVAIL.
THIS AMENDMENT SETS FORTH ALL TERMS AGREED UPON BETWEEN THE
PARTIES, AND NO PRIOR ORAL AMENDMENTS SHALL BE BINDING. THIS
AMENDMENT SHALL NOT BE ALTERED, AMENDED OR MODIFIED EXCEPT AS IN
WRITING AND EXECUTED BY BOTH PARTIES.
HUTCHINSON UTILITIES COMMISSION
BY:
NAME: _
TITLE:
DATE:
WITNESS:
TITLE:
DATE:
HEARTLAND.c
RN PRODUCTS
BY:
NAM E:4._..i�O(V\ W'
TITLE: 0_:r
DATE: