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cp12-23-2014No Workshop
AGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, DECEMBER 23, 2014
1. CALL TO ORDER — 5:30 P.M.
2. INVOCATION — Riverside Assembly of God Church
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
5. PUBLIC COMMENTS
6. MINUTES
(a) REGULAR MEETING OF DECEMBER 9, 2014
[Action] — Move to approve/reject the minutes of the regular meeting of December 9, 2014
7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would
otherwise have been delegated to the City Administrator. Traditionally, items are not discussed.)
5 min. (a) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 14376 — TRANSFER OF FUNDS TO 2014 CONSTRUCTION FUND
AND GENERAL FUND
(b) CONSIDERATION FOR APPROVAL OF 2015 LICENSE RENEWALS
(c) CONSIDERATION FOR APPROVAL OF REVISING CITY OF HUTCHINSON POSITION
CLASSIFICATION TABLE
(d) BOARD/COMMISSION APPOINTMENTS
- REAPPOINTMENT OF MATT BUTLER TO PRCE BOARD TO AUGUST 2017
- APPOINTMENT OF MARSHA ANDERSON TO PRCE BOARD TO AUGUST 2017
- APPOINTMENT OF CHERYL DOOLEY TO AIRPORT COMMISSION TO
SEPTEMBER 2019
- APPOINTMENT OF TAMMY FIELD TO CREEKSIDE ADVISORY BOARD TO
OCTOBER 2017
(e) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER A
[Action] — Motion to approve/rej ect those items contained under the consent agenda.
8. PUBLIC HEARINGS — 6:00 P.M. - NONE
9. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra t wise policy. Always looking toward t e uture, not monitoring past)
CITY COUNCIL AGENDA DECEMBER 23, 2014
10 min. (a) DISCUSSION OF ADOPTING CODE OF CONDUCT FOR CITY COUNCIL AND
BOARDS/COMMISSIONS
[Action] -
10. UNFINISHED BUSINESS
10 min. (a) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14358 — RESOLUTION
ADOPTING 2015 FEE SCHEDULE
[Action] — Motion to approve/reject adoption of Resolution No. 14358
11. NEW BUSINESS
15 min. (a) CONSIDERATION FOR APPROVAL OF RESOLUTION NOS. 14366 — 14375 — ADOPTING
2015 CITY OF HUTCHINSON BUDGETS AND TAX LEVIES
[Action] — Motion to approve/reject Resolution Nos. 14366 — 14375, adopting City budgets and tax
levies
5 min. (b) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON FIVE-YEAR CAPITAL
IMPROVEMENT PLAN
[Action] — Motion to approve/reject five-year capital improvement plan
10 min. (c) CONSIDERATION FOR APPROVAL OF AMERESCO ENERGY SERVICES AGREEMENT
FOR WASTEWATER TREATMENT FACILITY SOLAR PV INSTALLATION PROJECT
[Action] — Motion to approve/rej ect Ameresco energy services agreement for wastewater treatment
facility solar photovoltaic installation project
5 min. (d) CONSIDERATION FOR APPROVAL OF XCEL ENERGY RDF GRANT AGREEMENT FOR
WASTEWATER TREATMENT FACILITY SOLAR PV INSTALLATION PROJECT
[Action] - Motion to approve/rej ect Xcel energy grant agreement for wastewater treatment facility solar
photovoltaic installation project
20 min. (e) CONSIDERATION FOR APPROVAL OF CEMETERY COLUMBARIA SHELTER PROJECT
[Action] -Motion to approve/reject cemetery columbaria shelter project
5 min. (f) CONSIDERATION FOR APPROVAL OF CONDUCTING "NATIONAL CITIZEN SURVEY" IN
2015
[Action] — Motion to approve/reject conducting "National Citizen Survey" in 2015
5 min. (g) CONSIDERATION FOR APPROVAL OF PURCHASE OF THE 2014 SCULPTURE WALK PIECE
"JACK"
[Action] — Motion to approve/reject purchase of 2014 Sculpture Walk piece, "Jack"
12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the
organization an ouncil and manage the logistics of the Council. May include monitoring reports, policy
development and governance process items.)
(a) EDA BOARD MINUTES FROM OCTOBER 22, 2014
2
CITY COUNCIL AGENDA DECEMBER 23, 2014
(b) RESIDENTIAL LEAF VACUUM SERVICE — 2014 ANNUAL SERVICE REPORT
(c) SNOW REMOVAL — ICE CONTROL REPORT — NOVEMBER 2014
(d) CITY OF HUTCHINSON FINANCIAL REPORT AND INVESTMENT REPORT FOR
NOVEMBER 2014
(e) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM SEPTEMBER
8, 2014
(f) PLANNING/ZONINGBUILDING DEPARTMENT MONTHLY REPORT FOR NOVEMBER
2014
(g) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM
NOVEMBER 18, 2014
(h) CITY OF HUTCHINSON SIDEWALK SNOW REMOVAL REPORT FOR NOVEMBER 2014
(i) RESOURCE ALLOCATION COMMITTEE MINUTES FROM NOVEMBER 6, 2014
13. MISCELLANEOUS
14. ADJOURN
3
MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, DECEMBER 9, 2014
1. CALL TO ORDER — 5:30 P.M.
Mayor Steve Cook called the meeting to order. Members present were Gary Forcier, Bill Arndt, Mary
Christensen and Chad Czmowski. Others present were Marc Sebora, Interim City Administrator, Kent
Exner, City Engineer and Jody Winters, Attorney
2. INVOCATION — Pastor from Riverside Assembly of God Church provided the invocation.
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
5. PUBLIC COMMENTS
6. MINUTES
(a) REGULAR MEETING OF NOVEMBER 25, 2014
Motion by Forcier, second by Arndt, approve the minutes of the regular meeting of November 25,
2014. Motion carried unanimously.
7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would
otherwise have been delegated to the City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 14358 —RESOLUTION ADOPTING 2015 FEE SCHEDULE
2. RESOLUTION NO. 14359 —RESOLUTION AUTHORIZING FUNDING FOR THE
WASTEWATER TREATMENT FACILITY SOLAR PV INSTALLATION PROJECT
(LETTING NO. 4, PROJECT NO. 15-04)
(b) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY CONSUMPTION &
DISPLAY PERMIT TO CENTER FOR THE ARTS ON DECEMBER 19, 2014
(c) BOARD APPOINTMENTS/REAPPOINTMENTS
- REAPPOINTMENT OF JOSHUA SCHROEDER AND JON OTTESON TO THE PUBLIC
ARTS COMMISSION TO AUGUST 2017
- APPOINTMENT OF COREY STEARNS TO THE EDA BOARD TO DECEMBER 2020
(d) CONSIDERATION FOR APPROVAL OF SETTING RECOGNITION EVENT FOR MAYOR
STEVE COOK AND COUNCIL MEMBER BILL ARNDT ON TUESDAY, DECEMBER 23,
2014, AT 4:00 P.M. AT THE HUTCHINSON CITY CENTER
(e) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER A
Items 7(a)1 and 7(a)2 were pulled for separate discussion. Motion carried unanimously.
Motion by Christensen, second by Cook, to approve those items contained under the consent agenda
with the exception of the items noted above. Motion carried unanimously.
CITY COUNCIL MINUTES DECEMBER 9, 2014
Item 7(a)1 had further discussion. Andy Reid, Interim Finance Director, presented before the
Council. Mr. Reid explained that some revisions had been made to the fee schedule from the
printing of the Council packet. Mr. Reid reviewed these revisions, which included items to the
rental inspection program, police department items, storm water utility, and HATS facility.
Council Member Christensen asked what the load charge is included with the water rates. John
Olson, Public Works Manager, explained that the load charge is associated with bulk water.
Contractors are typical users of bulk water. Council Member Christensen also asked about the new
water meter fees. Mr. Olson explained that the new T2 and C2 water meters are different types and
styles of water meters that area newer size being used by contractors. Council Member Christensen
asked about some cemetery fees, specifically the inurnment fee at the columbarium. Mr. Olson
explained the differences between an inground and inurnment columbarium, which have different
associated fees. Council Member Christensen also asked about the winter rates that are applied to
the inurnments. Mr. Olson explained there are additional costs in the wintertime due to the extra
efforts required mainly due to snow removal and other labor tasks.
Mayor Cook also mentioned that a change to the fee schedule is a reduction to the on -sale
intoxicating liquor license fee from $3700 to $2000. Mayor Cook clarified that the City has the
discretion to issue club liquor license fees. Mayor Cook also noted that as part of the discussions
that have been going on regarding liquor licensing, discussion was held that clubs should be
adhering to the club liquor license laws. This was stressed at the workshop held in September in
which several on -sale intoxicating liquor license holders were present. Clubs liquor license fees are
set by statute and are substantially lower than on -sale intoxicating liquor license fees. However,
clubs which hold a club liquor license are to only be selling liquor to members and bona fide guests
as stated in statute. On -sale intoxicating liquor license holders asked that this be enforced or at least
have the on -sale intoxicating liquor license fee reduced in order to attempt to have a more level
playing field with clubs. Some discussion was held that clubs should perhaps get an on -sale license
like the restaurants. Council Member Czmowski expressed that club liquor licenses should still be
available and stated that the police department should conduct compliance checks at the clubs just
like they do at other liquor establishments. Chief Hatten stated the police department will conduct
checks at clubs if directed to do so by the Council, however he noted that the clubs will be unhappy
as the laws have not been followed for years (selling to non-members). In essence, Chief Hatten
stated that if the clubs truly followed the law to the letter, most of the clubs would have to close their
doors because they would not be able to stay open by only servicing members and guests of the club
which would bring hardships to the City as no one wants to see the clubs go out of business.
Marty Barnes, VFW, presented before the Council. Mr. Barnes stated that the VFW understands the
Council's goal with evening out the competition amongst those in the food and beverage business.
Mr. Barnes understands that clubs would not make it under the strict club rules and is acceptable
with the $2000 liquor license fee if the Council would do away with club liquor licenses and only
issue on -sale intoxicating liquor licenses. Mr. Barnes stated that most likely the clubs' insurance
will be effected by this and they may very well see an increase in their insurance by having to obtain
an on -sale intoxicating liquor license.
Motion by Forcier, second by Arndt, to table this item to gain more input from interested parties on
the club liquor licenses. Motion carried unanimously.
Item 7(a)2 had further discussion. Kent Exner, City Engineer, noted that a revised Resolution was
distributed noting that the project will be funded by wastewater funds and is subject to final grant
contract and project approval, which is scheduled to be considered at the December 23, 2014,
Council meeting.
Motion Czmowski, second by Christensen, to approve Item 7(a)2, revised Resolution No. 14359.
Motion carried unanimously.
7A. CONSENT AGENDA
(a) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER B
Motion by Arndt, second by Christensen, with Forcier abstaining, to approve Council Check
Register
2
CITY COUNCIL MINUTES DECEMBER 9, 2014
B. Motion carried unanimously.
8. PUBLIC HEARINGS — 6:00 P.M.
(a) CONSIDERATION OF GIVING HOST APPROVAL TO THE ISSUANCE OF HOUSING AND
HEALTH CARE REVENUE REFUNDING BONDS
Marc Sebora, Interim City Administrator, presented before the Council. Mr. Sebora explained that
back in 2006 the City approved acting as a conduit for health care financing bonds for Ecumen,
which owns the Oaks and Pines facility in the city. Ecumen is now refinancing those bonds and is
requesting that the City again act as a conduit. As last time, there is no financial liability on the part
of the City, however the law requires that a public hearing is held because the program is part of the
Minnesota Housing and Financing Agency.
Motion by Arndt, second by Cook, to close public hearing. Motion carried unanimously.
Motion by Christensen, second by Arndt, to approve giving host approval to the issuance of housing
and health care revenue refunding bonds. Motion carried unanimously.
(b) SECOND AVENUE SE RECONSTRUCTION PROJECT (LETTING NO. 1, PROJECT NO. 15-01)
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this is the first
public hearing for the Second Avenue SE reconstruction project. Mir. Exner explained that this
project is from Hwy 15/Main Street east to 150-200 feet west of the 2 Avenue bridge. Mr. Exner
stated that there has also been discussion of improving gravel trails to bituminous trails in this area
as part of the project. The assessments for this project will be relatively limited. Financing will
continue to be visited due to the limited assessments. Mr. Exner explained that a neighborhood
meeting was held on November 13, 2014, in which five property owners attended. If the project
proceeds this evening, an assessment hearing will be held most likely in April 2015. Mr. Exner
explained the scope of the project which is a street reconstruction project with an estimated cost of
$1,516,200.
Motion by Forcier, second by Christensen, to close public hearing. Motion carried unanimously.
Motion by Forcier, second by Christensen, to approve ordering improvement and preparation of
plans and specifications and ordering advertisement for bids. Motion carried unanimously.
(c) AUTOMATIC WATER METER READING IMPLEMENTATION PROJECT (LETTING No. 7,
PROJECT NO. 15-07)
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff has been
seriously researching an automatic water meter reading infrastructure since 2009. Mr. Exner
explained that 2009 was when HUC installed their meter reading infrastructure. At that time, a
telecommunications agreement was entered into with HUC for the City to utilize
technology/equipment that was installed on two water towers for a meter reading infrastructure. Mr.
Exner explained that at this time, the City can cost-effectively install an infrastructure that works
with the City's current water meters. Now a transmitter can be installed over the water meter touch
pads which can send the meter readings to the infrastructure system. Over $60,000 annually is
estimated to be saved with installing this infrastructure/program. Mr. Exner also reviewed other
benefits to installing this program. Mr. Exner also reviewed other communities and the Sensus
systems that they use for water meter reading. The total project cost is estimated at $725,000. The
funding of this project could be addressed through a variety of funding sources such as
water/wastewater funds budgeted capital outlay amounts and water/wastewater funds cash reserves.
Bonding is also an option that could be considered for funding the project.
Council Member Arndt asked if there would be additional costs to the homeowner for the extra
equipment. Mr. Exner explained there is no additional cost to the homeowner for this project,
however the City should start thinking about a meter replacement project since the majority of the
water meters are over 15 years old.
CITY COUNCIL MINUTES DECEMBER 9, 2014
Motion by Arndt, second by Forcier, to close public hearing. Motion carried unanimously.
Motion by Forcier, second by Christensen, to approve ordering improvement and preparation of
plans and specifications and ordering advertisement for bids, Resolution Nos. 14363 and 14364.
Motion carried unanimously.
(d) WASTEWATER TREATMENT FACILITY SOLAR PV INSTALLATION PROJECT (LETTING
NO. 4, PROJECT NO. 15-01)
John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson explained that
project discussions began in 2009. Mr. Paulson explained that as things progressed, the City began
working with Ameresco on a solar project. Mr. Paulson provided specifics related to the solar PV
project. Mr. Paulson also spoke about the Xcel RDF grant award and the project cost savings and
benefits.
Motion by Christensen, second by Arndt, to close public hearing. Motion carried unanimously.
No action required.
9. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra t wise policy. Always looking toward the Juture, not monitoring past)
10. UNFINISHED BUSINESS
11. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14360 — RESOLUTION
ADOPTING 2015 COMPENSATION PLAN AND POSITION CLASSIFICATION TABLE
AND PAY GRID
Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that
the compensation plan comes before the Council annually. The proposal is to adjust the pay grid
upward 2%, however an employee's compensation is dependent on their performance review. The
only compensation increase would be to those employees whose wages fall below the minimum on
their grade level. This is the budgeted increase which has been proposed with the 2015 budget.
Motion by Czmowski, second by Cook, to approve Resolution No. 14360. Motion carried
unanimously.
(b) CONSIDERATION FOR APPROVAL OF ENTERING INTO EMPLOYMENT CONTRACT
WITH MATTHEW MUNICH, CITY ADMINISTRATOR
Marc Sebora, Interim City Administrator, presented before the Council. Mr. Sebora explained that
the packet contains the proposed contract being offered to Matthew Jaunich. The proposed salary is
$103,000, with 40 hours of sick leave and 40 hours of vacation along with the other benefits that are
offered to city employees. The contract also addresses an incentive for funding continuation of
education should Mr. Jaunich wish to pursue his Master's degree. In addition, should Mr. Jaunich
wish to cease employment with the City, the contract requires a 30 -day notice. Should the City wish
to terminate the contract, the contract allows for a 3 -month severance package. The terms of the
contract also take into account his years of public service and credit him as a seven-year employee
when it comes to vacation and sick time.
Motion by Christensen, second by Arndt, to approve entering into employment contract with
Matthew Jaunich for City Administrator. Motion carried unanimously.
Matt Jaunich introduced himself to the Council and the public. Mr. Jaunich expressed his
excitement on the opportunity. Mr. Jaunich noted his anticipated start date is January 12, 2015.
Mr. Sebora explained that, with the Council's approval, he will continue in an administrative role for
.19
CITY COUNCIL MINUTES DECEMBER 9, 2014
the next few months to transition Mr. Jaunich into his role.
12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the
organization and Council and manage the logistics of the Council. May include monitoring reports, policy
development and governance
process items.)
(a) PUBLIC LIBRARY BOARD MINUTES FROM OCTOBER 27, 2014
13. MISCELLANEOUS
Bill Arndt — Council Member Arndt commented that he has received many comments that the
Christmas lights on Main Street are blase and he would like funding to be included to update the
Christmas lights. Mayor Cook also mentioned decorating the trees in the downtown area and
perhaps requesting donated labor. Perhaps a couple of Council Members could work with staff on
updating downtown Christmas lights and decorating. Christensen and Forcier showed interest in
working on this.
Steve Cook — Mayor Cook expressed that the last time a community survey was completed was
2011 and perhaps 2015 would be a good year to have another survey completed. Questions to be
included would be related to recreation and communication, amongst other things. Mayor Cook
suggested working with the National Citizen Survey company again and bringing forth a proposal at
the next meeting.
14. ADJOURN
Motion by Arndt, second by Cook, to adjourn at 7:10 p.m. Motion carried unanimously.
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: Resolution 14376 Transfer Funds to 2014 Construction Fund and General Fund
Department: Finance
LICENSE SECTION
Meeting Date: 12/23/2014
Application Complete N/A
Contact: Andy Reid
Agenda Item Type:
Presenter:
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes):
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
This resolution identifies transfers from various funds to the 2014 Construction Fund to finance project costs that
were not financed by assessments, bond proceeds or other aid dollars. Also identified is a transfer from the 2014
Construction Fund to the General Fund to cover Engineering Fees. Lastly, a transfer from the 2014 Construction
Fund to the Capital Projects fund as the funding source for comprehensive planning and other planning projects as
approved by council from time to time.
BOARD ACTION REQUESTED:
Approve fund transfers per Resolution 14376.
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
CITY OF HUTCHINSON
RESOLUTION NO. 14376
TRANSFERRING FROM WATER, WASTEWATER,
COMMUNITY IMPROVEMENT AND CAPITAL PROJECTS FUNDS
TO THE 2014 IMPROVEMENT BOND CONSTRUCTION FUND
AND
FROM THE 2014 IMPROVEMENT BOND CONSTRUCTION FUND
TO THE GENERAL FUND & CAPITAL PROJECTS FUND
FOR ENGINEERING AND ADMINISTRATION FEES
THAT, $272,362 is hereby transferred from the Water Fund to the 2014 Construction Fund.
THAT, $104,375 is hereby transferred from the Sewer Fund to the 2014 Construction Fund.
THAT, $54,343 is hereby transferred from the Community Improvement Fund to the 2014
Construction Fund.
THAT, $241,985 is hereby transferred from the Capital Project Fund to the 2014 Construction Fund.
THAT, $428,621 is hereby transferred from the 2014 Construction Fund to the General Fund for
Engineering Fees.
THAT, $85,724 is hereby transferred from the 2014 Construction Fund to the Capital Projects Fund
for the purpose of Comprehensive Planning and other planning needs.
THAT, said transfers are hereby effective and apply to the 2014 fiscal year.
Adopted by the City Council this 23rd day of December 2014.
Steve W. Cook
Mayor
ATTESTED:
Marc Sebora
Interim City Administrator
To:
Mayor and City Council
From:
Stephanie Nelson, Legal Technician
Date:
December 17, 2014
Subject:
License Renewals for 2015
The following establishments have applied for 2015 license renewals. The appropriate
paperwork has been submitted. Please approve the following licenses:
On -Sale Intoxicating
Applebee's
Buffalo Wild Wings
El Loro's
Lamplighter Lounge II, Inc
Little Crow Bowling Lanes
Main Street Sports Bar
Sonora's
Zella's
Wine/Strong Beer License
Country Kitchen
Tokyo Grill AA, Inc
Club On -Sale Intoxicating
Crow River Golf Club
Fraternal Order of Eagles
Hutchinson Elks
V.F.W. Post 906
Tobacco
Casey's
Coborn's Inc - Cash Wise Foods
Coborn's Inc - Holiday Station
Crow River Golf Club
Hutchinson Co -Op —Adams
Hutchinson Co -Op - Hwy 7
Hutchinson Outpost, Inc
Hutchinson Smokes4Less
Hutchinson Tobacco & Accessories Plus
Kwik Trip
Lamplighter Lounge 11, Inc Kwik Trip
Main Street Sports Bar
Murphy Oil
Northern Tier Retail LLC (SA -West)
Viking Oil Corp (SA -East)
Walgreens
Wal-Mart Stores Inc
Sunday Liquor License
Applebee's
Buffalo Wild Wings
Coborn's Inc - Cash Wise Foods
Country Kitchen
Crow River Golf Club
El Loro's
Fraternal Order of Eagles
Hutchinson Huskies Baseball
Kwik Trip
Little Crow Bowling Lanes
Main Street Sports Bar
Northern Tier Retail LLC (SA -West)
Tara Tepley - The Paint Factory
Tokyo Grill AA, Inc
V.F.W. Post 906
Viking Oil Corp (SA -East)
Wal-Mart Stores Inc
Off -Sale 3.2 Malt Liquor
Coborn's Inc - Cash Wise Foods
Kwik Trip
Northern Tier Retail LLC (SA -West)
Viking Oil Corp (SA -East)
Wal-Mart Stores Inc
On -Sale 3.2 Malt Liquor
Hutchinson Huskies Baseball
Tara Tepley - The Paint Factory
Pawn Licenses
Security Coin & Pawn Shop Inc
Taxi Cab
Eric Labraaten (ACC Midwest Trans)
Duane Buske (Quality Transportation)
Garbage/Hauling Licenses
Renville -Sibley Sanitation, LLC
Waste Management
West Central Sanitation, Inc
Food Vendor
Taqueria Del Buen Pastor
Massage Services
Balance Center LLC
Catherine's Massage
Genesis Salon & Enso Spa, LLC
Hutchinson Therapeutic Massage Center
Liz Lindemeier
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: Adoption of the Revised 2015 Position Classification Table
Department: Administration
LICENSE SECTION
Meeting Date: 12/23/2014
Application Complete N/A
Contact: Marc Sebora
Agenda Item Type:
Presenter: Marc Sebora
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes):
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
Attached is the proposed revision to the 2015 Position Classification Table that the Council adopted on 12/9/2014 as
part of the 2015 City of Hutchinson Compensation Plan.
The proposed revision is due to the administrative reclassification of the position of Compost Manager. Per the City
Compensation Plan, the City Administrator and Human Resources Director may jointly approve a reclassification of a
position provided the reclassification does not exceed two grades upward or two grades downward from the current
pay grade. The reclassification that was approved administratively is a one grade adjustment from Grade 11 to Grade
12.
Over time, this position has evolved and as the CreekSide operation has developed and increased in scope and
capacity, and has been previously reclassified upward one grade. This current move is intended to place the position
in a grade consistent with other like management positions within the City, particularly the Liquor Sales Manager
position.
BOARD ACTION REQUESTED:
Adoption of the revised 2015 Position Classification Table
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
City of Hutchinson
Position Classification Table
January 2015
Grade Position Title
PT Office Specialist (Event Center)
PT Compost Scale Operator
PT Custodian (Fire Station/Library/Event Center)
PT Permit Technician
PT Human Resources Administrative Technician
PT Liquor Sales Clerk
PT Licensing Clerk
PT Meter Technician
PT Senior Office Specialist (PRCE & W/WW)
PT Recreation Facility Maintenance Technician
Administrative Secretary (Engineering)
Administrative Secretary (Public Works)
Compost Equipment Operator
General Maintenance Worker (City Center/Event Center)
General Maintenance Worker (HATS)
Heavy Equipment Operator
Hospital Security Guard (FT/PT)
Police Records Specialist
Police Supplemental Services Specialist
Parks Maintenance Equipment Operator
Water Maintenance Technician
Senior Liquor Sales Clerk
Wastewater Services Operator
Senior Accounting Specialist
Utility Billing Specialist (FT/PT )
Accountant
Compost Operations Specialist
Emergency Dispatcher (FT/PT)
Engineering Specialist
Equipment Mechanic
Lab Technician/WW Operator
Lead Compost Equipment Operator
Payroll/Benefits Specialist
Planning and Building Specialist
Police Investigations Specialist
Plant Equipment Mechanic II
Senior Public Works Maintenance Specialist
Water Plant Operator
Grade Position Title
Event Center Coordinator
Executive Assistant/Paralegal
GIS Specialist
Information Technology Specialist
Parks Maintenance Specialist
Police Officer (FT/PT)
Maintenance Lead Operator/Supervisor
Sales & Marketing Specialist
Senior Engineering Specialist
Senior Wastewater Operator
Server/Network Technician
Natural Resources Specialist
Environmental Specialist
Recreation Services Coordinator
Building Official
Motor Vehicle Deputy Registrar
Parks Supervisor
Police Sergeant
Recreation Facilities Operations Manager
10 Police Lieutenant
Fire Chief
11
Controller
Public Works Manager
Water/Wastewater Superintendent
12 Compost Manager
Economic Development Director
Human Resources Director
IT Director
Liquor Sales Manager
Planning Director
14 Police Chief/Emergency Management Director
PRCE Director
16 City Attorney
Public Works Director/City Engineer
19 City Administrator
December 17, 2014
Dear City Council Members,
Troy Scotting's term is up on the Park, Recreation, Community Education Board and while he
appreciated the opportunity to serve he does not wish to be reappointed at this time. To fill that
vacancy I would like to appoint Marsha Anderson.
Marsha is a seventeen year resident of the Hutchinson school district and operates the business
Adventures in Animal Sitting. In 2002 Marsha founded Equul Access, Inc., a non-profit dedicated to
partnering humans and horses to improve lives and which works with various local agencies, including
community education as part of their programs. Marsha also works part time with Lynn Card Company
and Ann McMahon, CPA. Marsha has served on the board of the Foundation for Challenged Children
and was a member of the 2012/2013 Hutchinson Leadership Institute class. As part of the institute she
was a member the group that was responsible for the dog waste station project that was completed for
the benefit of our local parks
I have talked to Parks and Rec Director Dolf Moon and he supports Marsha's appointment. I ask for your
approval.
Thank you, Mayor Steve Cook
October 17, 2014
Dear City Council Members,
Doug McGraw recently completed his second full term on the Airport Commission. To fill that vacancy I
would like to appoint Cheryl Dooley. Cheryl has a long history of involvement with the airport and has a
strong interest in seeing it continue to be an asset to the community.
I have talked to Airport Manager John Olson and he supports Cheryl's appointment. I ask for your
approval.
Thank you, Mayor Steve Cook
December 18, 2014
Dear City Council Members,
Robert Anderson has recently completed his second full term on the Creekside Advisory Board. To take
his place I would like to appoint Tammy Field to fill that position. Tammy has twenty years of
experience in the retail gardening and nursery sales industry and is currently the manager and head
grower at Hutchinson's Dundee Nursery and Floral, where she has been the head grower for eight years.
Tammy has been very involved in 4H and the Boy Scouts in the Hutchinson area and also served two
years on the New Century School Board.
Tammy's background will provide a valuable perspective to the board and Creekside Manager Andy
Kosek supports Tammy's appointment. I ask for your approval.
Thank you, Mayor Steve Cook
CITY OF HUTCHINSON
Council Check Register -A
Check Issue Dates: 12/10/2014 - 12/24/2014 12/17/2014
Check Number
Check Date
Amount
Vendor
Account Description
183789
12/23/2014
5,000.00
ABDO EICK & MEYERS
Auditing Services
183790
12/23/2014
857.50
ACE HARDWARE
Operating Supplies
183791
12/23/2014
615.21
AEM MECHANICAL SERVICES INC
Equipment Parts
183792
12/23/2014
135.00
AIM ELECTRONICS INC
Operating Supplies
183793
12/23/2014
133.00
AITKIN COUNTY SHERIFFS OFFICE
Other Professional Services
183794
12/23/2014
848.19
ALPHA WIRELESS
Phone Services
183795
12/23/2014
172.02
AMERICAN BOTTLING CO
Cost of Sales - Miscellaneous
183796
12/23/2014
20.10
AMERICAN WELDING & GAS
Automotive R&M
183797
12/23/2014
81.33
AMERIPRIDE SERVICES
Contractual R&M
183798
12/23/2014
1,092.00
ANIMAL MEDICAL CENTER ON CROW RIVER
Other Professional Services
183799
12/23/2014
141.30
ARCTIC GLACIER USA INC.
Cost of Sales - Miscellaneous
183800
12/23/2014
742.07
ARNESON DISTRIBUTING CO
Cost of Sales - Beer
183801
12/23/2014
68.85
ARROWHEAD SCIENTIFIC INC
Operating Supplies
183802
12/23/2014
567.25
ARTISAN BEER COMPANY
Cost of Sales - Beer
183803
12/23/2014
5,107.05
ASSURANT EMPLOYEE BENEFITS
Dental Claims
183804
12/23/2014
316.80
AUTO VALUE - GLENCOE
Equipment Parts
183805
12/23/2014
465.00
B & C PLUMBING & HEATING INC
Contractual R&M
183806
12/23/2014
821.00
BEACON ATHLETICS
Improv other than Buildings
183807
12/23/2014
19,894.77
BEACON BANK
TIF Repayment
183808
12/23/2014
1,405.28
BECKER ARENA PRODUCTS
Operating Supplies
183809
12/23/2014
817.92
BELLBOY CORP
Freight
183810
12/23/2014
20.00
BEN MEADOWS
Safety Supplies
183811
12/23/2014
187.56
BERGER PLUMBING HEATING AC
Contractual R&M
183812
12/23/2014
239.60
BERNICK'S
Cost of Sales - Miscellaneous
183813
12/23/2014
470.00
BIG COUNTRY 100.1 FM
Advertising
183814
12/23/2014
10.00
BLOCK, GERALD
Animal Licenses
183815
12/23/2014
9,750.00
BOB AHLGREN ELECTRIC INC.
Improv otherthan Buildings
183816
12/23/2014
4,000.00
BOLTON & MENK INC.
Other Professional Services
183817
12/23/2014
125.00
BOTZET, LARRY
Safety Supplies
183818
12/23/2014
346.50
BRANDON TIRE CO
Automotive R&M
183819
12/23/2014
72.00
BUCKYS BAR
Cost of Sales - Miscellaneous
183820
12/23/2014
19.80
BUFFALO CREEK ENTERPRISES
Cost of Sales - Miscellaneous
183821
12/23/2014
125.00
BURMEISTER, JEROME
Safety Supplies
183822
12/23/2014
225.65
BUSHMAN, RAQUEL
Concession Supplies
183823
12/23/2014
16,672.87
C & L DISTRIBUTING
Cost of Sales - Beer
183824
12/23/2014
115.00
CARS ON PATROL SHOP LLC
Other Professional Services
183825
12/23/2014
56.00
CARTER, DION
Travel/Conference Expense
183826
12/23/2014
35.00
CASH DRAWER #4
Miscellaneous Expense
183827
12/23/2014
30.23
CENTRAL HYDRAULICS
Repair & Maintenance Supplies
183828
12/23/2014
587.34
CENTRAL MCGOWAN
Operating Supplies
183829
12/23/2014
10.00
COMMUNITY OF LAKERIDGE
Other Fees
183830
12/23/2014
1,376.00
CREATIVE INFORMATION SYSTEMS
Software & Licensing
183831
12/23/2014
131.76
CREEKSIDE SOILS
Operating Supplies
183832
12/23/2014
773.82
CROW RIVER AUTO & TRUCK REPAIR
Automotive R&M
183833
12/23/2014
360.00
CROW RIVER OFFICIALS ASSN
Other Professional Services
183834
12/23/2014
106.82
CROW RIVER PRESS INC
Printing & Publishing
183835
12/23/2014
546.32
CROW RIVER WINERY
Cost of Sales - Wine
183836
12/23/2014
45.00
DAVE GRIEP CLEANING
Contractual R&M
183837
12/23/2014
4,940.00
DAVE'S PALLET SERVICE
Inventory - Process Material
183838
12/23/2014
5,585.35
DAY DISTRIBUTING
Cost of Sales - Beer
183839
12/23/2014
100.00
DEHN, PETER
Safety Supplies
183840
12/23/2014
395.00
DIGITAL ALLY INC
Operating Supplies
183841
12/23/2014
265.22
DOMINO'S PIZZA
Operating Supplies
183842
12/23/2014
24.70
DROP -N -GO SHIPPING INC
Postage
183843
12/23/2014
65.22
DUNDEE
Flowers -funeral
183844
12/23/2014
383.08
E2 ELECTRICAL SERVICES INC
Street Maintenance Materials
183845
12/23/2014
11,388.41
EARTHLY DELIGHTS LTD
TIF Repayment
183846
12/23/2014
125.00
EBERT, RICHARD
Safety Supplies
183847
12/23/2014
196.12
ECOLAB PEST ELIMINATION
Contractual R&M
CITY OF HUTCHINSON
Council Check Register -A
Check Issue Dates: 12/10/2014 - 12/24/2014 12/17/2014
Check Number
Check Date
Amount
Vendor
Account Description
183848
12/23/2014
199.00
ELECTRONIC SERVICING
Contractual R&M
183849
12/23/2014
532.50
EXTREME BEVERAGE LLC
Cost of Sales - Miscellaneous
183850
12/23/2014
1,787.19
FARM -RITE EQUIPMENT
Contractual R&M
183851
12/23/2014
171.45
FASTENAL COMPANY
Safety Supplies
183852
12/23/2014
41.50
FIRST ADVANTAGE LNS OCC HEALTH SOLUTIONS
Drug Testing
183853
12/23/2014
228.00
FIRST CHOICE FOOD & BEVERAGE SOLUTIONS
Office Supplies
183854
12/23/2014
350.12
G & K SERVICES
Operating Supplies
183855
12/23/2014
1,250.00
G R DANIELS TRUCKING INC
Contractual R&M
183856
12/23/2014
10,652.40
GARICK CORPORATION
Inventory - Process Material
183857
12/23/2014
5,000.00
GAVIN WINTERS TWISS THIEMANN & LONG LTD
Other Professional Services
183858
12/23/2014
72.50
GEB ELECTRICAL INC
Contractual R&M
183859
12/23/2014
380.20
GEMPLER'S INC
Uniforms & Personal Equip
183860
12/23/2014
1,510.02
GLENCOE POLICE DEPT
Miscellaneous Expense
183861
12/23/2014
359.85
GOPHER STATE FIRE EQUIPMENT CO.
Operating Supplies
183862
12/23/2014
66.00
HAGER JEWELRY INC.
Operating Supplies
183863
12/23/2014
4,278.20
HANSEN TRUCK SERVICE
Automotive R&M
183864
12/23/2014
972.30
HARPER BROOMS
Equipment Parts
183865
12/23/2014
454.25
HAWK PERFORMANCE SPECIALITIES
Contractual R&M
183866
12/23/2014
12.54
HERGENRADER, LISA
Operating Supplies
183867
12/23/2014
242.00
HEWLETT-PACKARD CO
Small Tools & Minor Equipment
183868
12/23/2014
450.10
HILLYARD / HUTCHINSON
Cleaning Supplies
183869
12/23/2014
512.50
HJERPE CONTRACTING
Contractual R&M
183870
12/23/2014
33.00
HOFF, RANDY
Miscellaneous Expense
183871
12/23/2014
2,566.50
HOLT MOTORS INC
Automotive R&M
183872
12/23/2014
525.00
HOLT TOUR AND CHARTER INC.
Other Professional Services
183873
12/23/2014
100.02
HOT WIRE ELECTRIC
Contractual R&M
183874
12/23/2014
5,230.48
HUTCHINSON CONVENTION & VISITORS BUREAU
Lodging Tax Reimb
183875
12/23/2014
8,987.08
HUTCHINSON CO-OP
Chemicals & Chemical Products
183876
12/23/2014
648.00
HUTCHINSON HEALTH
Miscellaneous Expense
183877
12/23/2014
4,364.95
HUTCHINSON LEADER
Advertising
183878
12/23/2014
1,778.80
HUTCHINSON SENIOR ADVISORY BOARD
Other Professional Services
183879
12/23/2014
95,298.09
HUTCHINSON UTILITIES
Utilities
183880
12/23/2014
120.92
HUTCHINSON WHOLESALE
Automotive R&M
183881
12/23/2014
136.82
HUTCHINSON, CITY OF
Utilities
183882
12/23/2014
199.05
HUTCHINSON, CITY OF
Replenish petty cash
183883
12/23/2014
4.47
HUTCHINSON, CITY OF
Refunds & Reimbursements
183884
12/23/2014
125.00
HUTTON, CHRIS
Uniforms & Personal Equip
183885
12/23/2014
2,758.00
IFCO SYSTEMS NA INC.
Inventory - Process Material
183886
12/23/2014
8.35
INDEPENDENT EMERGENCY SERVICES
Equipment Rental
183887
12/23/2014
749.74
INTERSTATE BATTERY SYSTEM MINNEAPOLIS
Equipment Parts
183888
12/23/2014
337.94
JACK'S UNIFORMS & EQUIPMENT
Uniforms & Personal Equip
183889
12/23/2014
21,778.67
JOHNSON BROTHERS LIQUOR CO.
Cost of Sales - Liquor
183890
12/23/2014
8,588.60
JUUL CONTRACTING CO
Improv otherthan Buildings
183891
12/23/2014
736.00
KDUZ KARP RADIO
Operating Supplies
183892
12/23/2014
2,300.00
KERI'S CLEANING
Other Professional Services
183893
12/23/2014
18.58
L & P SUPPLY CO
Equipment Parts
183894
12/23/2014
352.90
LANO EQUIPMENT OF NORWOOD
Automotive R&M
183895
12/23/2014
315.00
LEAGUE OF MN CITIES
Travel/Conference Expense
183896
12/23/2014
147.00
LEXISNEXIS
Other Professional Services
183897
12/23/2014
178.70
LITCHFIELD BUILDING CENTER
Operating Supplies
183898
12/23/2014
24,835.75
LOCHER BROTHERS INC
Cost of Sales - Miscellaneous
183899
12/23/2014
7,662.00
LOGIS
Due from Utilities
183900
12/23/2014
111.56
LYNDE & MCLEOD INC.
Inventory- Bulk Product
183901
12/23/2014
125.00
MAGNUSSON, BRIAN
Uniforms & Personal Equip
183902
12/23/2014
836.46
MANZANITA MICRO LLC
Contractual R&M
183903
12/23/2014
13.65
MATHESON TRI -GAS INC
Operating Supplies
183904
12/23/2014
145.19
MAYTAG LAUNDRY & CAR WASH
Other Professional Services
183905
12/23/2014
50.00
MCLEOD COUNTY AUDITOR -TREASURER
Equipment Parts
183906
12/23/2014
250.00
MCLEOD COUNTY COURT ADMINISTRATOR
Other Revenues
CITY OF HUTCHINSON
Council Check Register -A
Check Issue Dates: 12/10/2014 - 12/24/2014 12/17/2014
Check Number
Check Date
Amount
Vendor
Account Description
183907
12/23/2014
1,050.00
MCLEOD COUNTY FAIRGROUNDS
Equipment Rental
183908
12/23/2014
138.00
MCLEOD COUNTY RECORDER
Printing & Publishing
183909
12/23/2014
812.94
MCLEOD COUNTY SHERIFF'S OFFICE
3rd QTR Safe & Sober
183910
12/23/2014
10.00
MCLEOD COUNTY SOLID WASTE MANAGEMENT
Refuse- Recycling
183911
12/23/2014
115.20
MCLEOD PUBLISHING INC
Advertising
183912
12/23/2014
104.27
MCRAITH, JOHN
Operating Supplies
183913
12/23/2014
1,031.58
MEEKER COUNTY SHERIFF'S OFFICE
3rd QTR Safe & Sober
183914
12/23/2014
10,664.21
MEEKER WASHED SAND & GRAVEL
Inventory - Bulk Product
183915
12/23/2014
645.96
MENARDS HUTCHINSON
Operating Supplies
183916
12/23/2014
30.00
MESSAGE MEDIA
Phone Services
183917
12/23/2014
1,904.02
MILLER, LEE
Travel/Conference Expense
183918
12/23/2014
532.20
MILLNER HERITAGE VINEYARD & WINERY
Cost of Sales - Wine
183919
12/23/2014
2,548.00
MILLWOOD INCORPORATED
Inventory - Process Material
183920
12/23/2014
77.25
MINI BIFF
Equipment Rental
183921
12/23/2014
7,461.00
MINNESOTA DEPT OF HEALTH
Water -State Testing Fee
183922
12/23/2014
2,849.03
MINNESOTA DEPT OF MOTOR VEHICLE
Machinery & Equipment
183923
12/23/2014
495.00
MINNESOTA SAFETY COUNCIL
Dues & Subscriptions
183924
12/23/2014
1,299.20
MINNESOTA VALLEY TESTING LAB
Other Professional Services
183925
12/23/2014
4,104.96
MMC
Contractual R&M
183926
12/23/2014
100.00
MN DEPT OF LABOR & INDUSTRY/CODE
Safety Supplies
183927
12/23/2014
750,000.00
MN DEPT OF NATURAL RESOURCES
Luce Line Trail
183928
12/23/2014
282.13
MNDRIVERSMANUALS.COM
Operating Supplies
183929
12/23/2014
75.00
MODERN TOWING
Other Professional Services
183930
12/23/2014
859.14
M -R SIGN
Sign Repair Materials
183931
12/23/2014
138.50
NEW FRANCE WINE
Cost of Sales - Wine
183932
12/23/2014
866.96
NOBLE INDUSTRIAL SUPPLY CORP
Repair & Maintenance Supplies
183933
12/23/2014
84.85
NORTH CENTRAL LABORATORIES
Chemicals & Chemical Products
183934
12/23/2014
173.09
NORTHERN SAFETY & INDUSTRIAL
Safety Supplies
183935
12/23/2014
128.82
NORTHERN STATES SUPPLY INC
Equipment Parts
183936
12/23/2014
1,361.74
OLSON'S LOCKSMITH
Contractual R&M
183937
12/23/2014
167.94
O'REILLY AUTO PARTS
Automotive R&M
183938
12/23/2014
2,877.74
PAUSTIS WINE COMPANY
Freight
183939
12/23/2014
153.52
PENKE, JACKIE
Council Canvas prints
183940
12/23/2014
20,023.65
PHILLIPS WINE & SPIRITS
Cost of Sales - Liquor
183941
12/23/2014
18.90
POSITIVE ID INC
ID Card
183942
12/23/2014
440.00
POSTMASTER
Postage
183943
12/23/2014
2,280.15
PREMIER TECH PACKAGING
Equipment Parts
183944
12/23/2014
12,171.97
PRINCE OF PEACE SENIOR APT INC
TIF Repayment
183945
12/23/2014
114.64
QUADE ELECTRIC
Equipment Parts
183946
12/23/2014
310.45
QUALITY SALES & SERVICE INC
Repair & Maintenance Supplies
183947
12/23/2014
450.00
R & S INSPECTIONS INC.
Loans Made
183948
12/23/2014
1,408.73
RANDY'S REPAIR SERVICE
Contractual R&M
183949
12/23/2014
496.89
RBSCOTT EQUIPMENT
Equipment Parts
183950
12/23/2014
140.00
REDLINE SYSTEMS INC.
Automotive R&M
183951
12/23/2014
41,946.07
REINER ENTERPRISES INC
Freight -in
183952
12/23/2014
84.92
RELIABLE OFFICE SUPPLIES
Cleaning Supplies
183953
12/23/2014
111.79
RUNNING'S SUPPLY
Automotive R&M
183954
12/23/2014
280.00
SAM'S TIRE SERVICE
Contractual R&M
183955
12/23/2014
1,778.31
SATO AMERICA INC
Contractual R&M
183956
12/23/2014
3,956.67
SCHOOL DIST # 423
Other Revenues
183957
12/23/2014
1,148.55
SCHWEISS BI -FOLD DOORS
Contractual R&M
183958
12/23/2014
94.58
SHRED -IT USA INC
Refuse - Recycling
183959
12/23/2014
200.00
SIBLEY COUNTY COURT ADMINISTRATOR
Other Revenues
183960
12/23/2014
28.42
SIMONSON LUMBER HUTCHINSON
Repair & Maintenance Supplies
183961
12/23/2014
6,743.48
SKYVIEW DAIRY INC
Inventory - Bulk Product
183962
12/23/2014
310.00
SCRENSEN'S SALES & RENTALS
Equipment Parts
183963
12/23/2014
98.59
SOUTH DAKOTA DEPT OF AGRICULTURE
Licenses & Permits
183964
12/23/2014
11,752.40
SOUTHERN WINE & SPIRITS OF MN
Cost of Sales - Liquor
183965
12/23/2014
7,193.98
SPARTAN STAFFING
Other Professional Services
CITY OF HUTCHINSON
Council Check Register -A
Check Issue Dates: 12/10/2014 - 12/24/2014 12/17/2014
Check Number
Check Date
Amount
Vendor
Account Description
183966
12/23/2014
19,300.00
SPRINGSTED INC
Other Professional Services
183967
12/23/2014
89.00
SPS COMMERCE
Dues & Subscriptions
183968
12/23/2014
1,105.78
STAPLES ADVANTAGE
Operating Supplies
183969
12/23/2014
5,985.00
STREICH TRUCKING
Freight - Bulk
183970
12/23/2014
125.00
STYLE, CASEY
Uniforms & Personal Equip
183971
12/23/2014
25.00
TAPS-LYLE SCHROEDER
Other Professional Services
183972
12/23/2014
131.18
TEK MECHANICAL
Contractual R&M
183973
12/23/2014
125.00
TELECKY, DAVE
Safety Supplies
183974
12/23/2014
682.30
THOMSON REUTERS -WEST
Other Professional Services
183975
12/23/2014
21,464.58
TREBELHORN & ASSOC
Motor Fuels & Lubricants
183976
12/23/2014
48.00
TRI COUNTY WATER
Operating Supplies
183977
12/23/2014
125.00
TRNKA, JAMES
Safety Supplies
183978
12/23/2014
40.74
TRUE FABRICATIONS
Cost of Sales - Miscellaneous
183979
12/23/2014
370.00
UNIVERSITY OF MINNESOTA
Travel/Conference Expense
183980
12/23/2014
415.45
US BANK EQUIPMENT FINANCE
Copy Machine
183981
12/23/2014
2,394.84
VERIZON WIRELESS
Phone Services
183982
12/23/2014
159.80
VIK, BRANDON
Travel/Conference Expense
183983
12/23/2014
9,264.75
VIKING BEER
Cost of Sales - Beer
183984
12/23/2014
245.00
VIKING COCA COLA
Cost of Sales - Miscellaneous
183985
12/23/2014
1,243.00
VINOCOPIA INC
Freight
183986
12/23/2014
9,551.20
WASTE MANAGEMENT OF WI -MN
Refuse - Recycling
183987
12/23/2014
49,938.05
WASTE MANAGEMENT OF WI -MN
Refuse - Services
183988
12/23/2014
60.00
WELCOME NEIGHBOR
Advertising
183989
12/23/2014
479.03
WELLS FARGO
Operating Supplies
183990
12/23/2014
3,500.00
WESTAFER ENTERPRISES
Other Professional Services
183991
12/23/2014
125.00
WICHTERMAN, KEN
Safety Supplies
183992
12/23/2014
3,091.40
WINE COMPANY, THE
Freight
183993
12/23/2014
494.50
WINE MERCHANTS INC
Cost of Sales - Wine
183994
12/23/2014
1,544.60
WINSTED POLICE DEPARTMENT
3rd QTR Safe & Sober
183995
12/23/2014
6,654.11
WIRTZ BEVERAGE MINNESOTA
Cost of Sales - Miscellaneous
183996
12/23/2014
230.63
ZELLAS
Operating Supplies
Grand Totals:
1,366,880.23
CITY OF HUTCHINSON Check Register - Council Check Register Page: 1
Report Dates: 11/23/2014-12/6/2014 Dec 10, 2014 09:29AM
Report Criteria:
Transmittal checks included
Pay Period Journal Check Check
Date Code Issue Date Number Payee
Amount
12/06/2014
CDPT
12/12/2014
183787
HART
589.59-
12/06/2014
CDPT
12/12/2014
183788
NCPERS Minnesota
352.00-
12/06/2014
CDPT
12/12/2014
1212140
AFLAC
131.77-
12/06/2014
CDPT
12/12/2014
1212140
EFTPS
12,656.95-
12/06/2014
CDPT
12/12/2014
1212140
EFTPS
12,656.95-
12/06/2014
CDPT
12/12/2014
1212140
EFTPS
4,339.62-
12/06/2014
CDPT
12/12/2014
1212140
EFTPS
4,339.62-
12/06/2014
CDPT
12/12/2014
1212140
EFTPS
30,336.86-
12/06/2014
CDPT
12/12/2014
1212140
ICMA
1,505.00-
12/06/2014
CDPT
12/12/2014
1212140
ING
975.00-
12/06/2014
CDPT
12/12/2014
1212140
Minnesota Dept. of Revenue
13,114.80-
12/06/2014
CDPT
12/12/2014
1212140
MN Child Support System
41.87-
12/06/2014
CDPT
12/12/2014
1212140
MNDCP
250.00-
12/06/2014
CDPT
12/12/2014
1212140
PERA
12,486.15-
12/06/2014
CDPT
12/12/2014
1212140
PERA
12,486.15-
12/06/2014
CDPT
12/12/2014
1212140
PERA
10,029.73-
12/06/2014
CDPT
12/12/2014
1212140
PERA
15,044.62-
12/06/2014
CDPT
12/12/2014
1212140
PERA
36.16-
12/06/2014
CDPT
12/12/2014
1212140
PERA
36.16-
12/06/2014
CDPT
12/12/2014
1212140
PERA
1,997.78-
12/06/2014
CDPT
12/12/2014
1212140
TASC-Flex
225.00-
12/06/2014
CDPT
12/12/2014
1212140
TASC-Flex
1,322.25-
12/06/2014
CDPT
12/12/2014
1212141
TASC-HSA
4,116.17-
12/06/2014
CDPT
12/12/2014
1212141
TASC-HSA
3,445.76-
12/06/2014
CDPT
12/12/2014
1212141
TASC-HSA
913.44-
12/06/2014
CDPT
12/12/2014
1212141
TASC-HSA
592.24-
12/06/2014
CDPT
12/12/2014
1212141
TASC-HSA
849.22 -
Grand
Totals:
27
144,870.86-
ELECTRONIC FUNDS TRANSFERS
12/23/2014
TAX
FUND
PAYABLE TO
AMOUNT
FUEL
HATS
MN DEPT OF REV
$2,170.56
SALES TAX
LIQUOR
MN DEPT OF REV
$46,154.00
SALES TAX
PRCE CIVIC ARENA
MN DEPT OF REV
$341.00
SALES & USE TAX
WATER SEWER CREEKSIDE
MN DEPT OF REV
$11,301.00
$59,966.56
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: Discussion of Code of Conduct
Department: Administration
LICENSE SECTION
Meeting Date: 12/23/2014
Application Complete N/A
Contact: Marc Sebora
Agenda Item Type:
Presenter: Marc Sebora
Reviewed by Staff ✓❑
Communications, Requests
Time Requested (Minutes): 10
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
Earlier this year, a Council workshop was held regarding ethics and how they apply to city council members and
board/commission members. As a result of this workshop, the Council discussed considering formally adopting a
code of conduct. Although the City already has an ordinance in place related to a code of ethics (which I have
included for your reference), the Council may wish to consider adopting a Code of Conduct through a separate
ordinance, resolution, policy or otherwise.
BOARD ACTION REQUESTED:
Discuss adoption of City Code of Conduct
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: 0.00 Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
Code of Conduct
1. Purpose.
The City Council of the City of Hutchinson determines that a code of conduct for its members, as
well as the members of the various boards and commissions of the City of Hutchinson, is essential
for the public affairs of the city. By eliminating conflicts of interest and providing standards for
conduct in city matters, the City Council hopes to promote the faith and confidence of the citizens
of Hutchinson in their government and to encourage its citizens to serve on its Council and
commissions.
2. Standards of Conduct.
Subd. 1. No member of the City Council or a City board or commission may knowingly:
a. Violate the open meeting law.
b. Participate in a matter that affects the person's financial interests or those of a business
with which the person is associated, unless the effect on the person or business is no greater
than on other members of the same business classification, profession, or occupation.
c. Use the person's public position to secure special privileges or exemptions for the person
or for others.
d. Use the person's public position to solicit personal gifts or favors.
e. Use the person's public position for personal gain.
f. Except as specifically permitted pursuant to Minn. Stat. 471.895, accept or receive any gift
of substance, whether in the form of money, services, loan, travel, entertainment,
hospitality, promise, or any other form, under circumstances in which it could be
reasonably expected to influence the person, the person's performance of official action, or
be intended as a reward for the person's official action.
g. Disclose to the public, or use for the person's or another person's personal gain,
information that was gained by reason of the person's public position if the information
was not public data or was discussed at a closed session of the city council.
h. Disclose information that was received, discussed, or decided in conference with the city's
legal counsel that is protected by the attorney-client privilege unless a majority of the city
council has authorized the disclosure.
i. Represent private interests before the city council or any city committee, board,
commission or agency.
Subd. 2. Except as prohibited by the provisions of Minn. Stat Sec. 471.87, there is no violation of
Subd. 1(b) of this section for a matter that comes before the Council, board, or commission if the
member of the Council, board, or commission publicly discloses the circumstances that would
violate these standards and refrains from participating in the discussion and vote on the matter.
Nothing herein shall be construed to prohibit a contract with a member of the City Council under
the circumstances described under Minn. Stat. Sec. 471.88, if proper statutory procedures are
followed.
3. Complaint, Hearing.
Any person may file a written complaint with the city administrator alleging a violation of the
standards of conduct in section 2. The complaint must contain supporting facts for the allegation.
The City Council may hold a hearing after receiving the written complaint or upon the Council's
own volition. A hearing must be held only if the City Council determines (1) upon advice of the
city attorney, designee, or other attorney appointed by the Council, that the factual allegations state
a sufficient claim of a violation of these standards or rise to the level of a legally -recognized
conflict of interest, and (2) that the complaint has been lodged in good faith and not for
impermissible purposes such as delay. The City Council's determination must be made within 30
days of the filing of the allegation with the city administrator. If the Council determines that there
is an adequate justification for holding a hearing, the hearing must be held within 30 days of the
City Council's determination. At the hearing, the person accused must have the opportunity to be
heard. If after the hearing, the Council finds that a violation of a standard has occurred or does
exist, the Council may censure the person, refer the matter for criminal prosecution, request an
official not to participate in a decision, or remove an appointed member of an advisory board or
commission from office.
§ 30.34 CODE OF ETHICS.
(A) Purpose.
(1) It is imperative that all persons acting in the public service not only maintain the
highest possible standards of ethical conduct in the transaction of public business but that those
standards be clearly defined and known to the public as well as the person acting in public service.
(2) The proper operation of democratic government requires that elected officials
be independent, impartial and responsible to the people; that governmental decisions and policy be
made in the proper channels of the government structure; that public office not be used for personal
gain; and that the public have confidence in the integrity of its government. In recognition of these
goals, there is hereby established a code of ethics for all elected officials whether elected or appointed.
The purpose of the code of ethics is to establish ethical standards of conduct for all elected officials by
setting forth those types of activities that are incompatible with the best interests of the city.
(B) Responsibilities of public office. Elected officials are agents of public purpose and hold
office for the benefit of the public. They are bound to uphold the Constitution of the United States and
the Constitution of this state and to carry out impartially the laws of the nation, state and the
municipality and thus to foster respect for all government. They are bound to observe in their official
acts the highest standards of morality and to discharge faithfully the duties of their offices.
(C) Dedicated service.
(1) All officials of the city shall be dedicated to fulfilling their responsibilities of
office described herein. They shall be dedicated to the public purpose and all programs developed by
them shall be in the community interest.
(2) Elected officials shall not exceed their authority or breach the law or ask others
to do so and they shall work in full cooperation with other public officials unless prohibited from so
doing by law or by officially recognized confidentiality of their work.
(D) Avoidance of conflict of interest and appearance of impropriety. No person covered by
this code of ethics shall use his or her office or position or otherwise act in any manner which would give
the appearance of or result in any impropriety or conflict of interest.
(E) Scope. The provisions of this code of ethics shall be applicable to the members of the
City Council.
(F) Definitions. For the purpose of this section, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
CONFLICT OF INTEREST. Any treatment by an official, of a matter in which the official
has an interest, whether the interest does or does not result in a director indirect benefit to the official.
DIRECT SUBSIDY. Any and only direct financial support by the city, any grant or gift by
the city, any taxation benefits granted by the city including tax increment financing or forgiveness of
taxes, special assessments, interest or penalties.
INTEREST. Having a personal or financial relationship to a matter, including but not
limited to association in any capacity, other than as a customer, with a person, partnership, firm or
corporation or other entity doing business with the city.
MATTER. Anything upon which an elected official of the city, individually or in concert
with other elected officials, is empowered to act.
OFFICIAL or ELECTED OFFICIAL. Any person who has been elected to the City Council
and is authorized to vote or take other official action.
(G) Prohibited conduct.
(1) No person covered by this code of ethics may use public funds, public work
time, personnel, facilities or equipment for private gain or for political campaign activities unless that
use is authorized or required by law.
(2) No person covered by this code of ethics shall request or permit the use of city
owned vehicles, equipment, machinery or property for personal convenience or profit, except when
those services are available to the public generally or are provided as municipal policy for the use of
those persons in the conduct of official business.
(3) No person covered by this code of ethics shall directly or indirectly solicit,
accept or receive any compensation, gift, reward or gratuity with a fair market value of $50 or more,
whether in the form of money, services, loan, travel, entertainment, hospitality, promise or any other
form in connection with any matter or proceeding connected with or related to the duties of his or her
office, except as may otherwise be provided by law.
(4) No person covered by this code of ethics who is not seeking re-election or
otherwise intends to leave his or her elected office, shall seek reimbursement for travel and
transportation expenses from the city regardless of whether the expenses are directly or indirectly
related to official city business. Failure to comply with appropriate deadlines for election filings or
failure to win re-election, shall create a rebuttable presumption that a person is not seeking re-election
or otherwise intends to leave his or her elected office.
(5) No person covered by this code of ethics, within one year of his or her service
on the City Council, shall knowingly serve as an employee, consultant or owner of any business, firm or
organization which business, firm or organization has been directly subsidized by the city unless the
former City Council member did not participate personally or substantially as an elected official in any
decisions, approvals, disapprovals, recommendations, investigation or otherwise, while serving on the
City Council.
(6) No person covered by this code of ethics, within one year of his or her service as
a Council member, shall contract to provide goods or services to the city. This prohibition shall extend
to any business, firm or organization in which the former Council member holds at least a 50%
ownership interest. This prohibition shall not extend, however, to any contract competitively bid
pursuant to M.S. §§ 471.345(1) - 471.345(3), 1988 edition, as it may be amended from time to time, or
its successor statute and further shall not apply to any contract which the city, by its actions, mandates
will be subject to the provisions of M.S. § 471.345, as it may be amended from time to time.
(H) Violations.
(1) Upon the written complaint of any person alleging violation of division (G)
above, the City Council may hold a hearing at which hearing the person who is alleged to have violated
division (G) shall have the opportunity to respond to the allegations. If, after hearing and after stating
on the record the reasons for action, the City Council may take any lawful action it deems appropriate,
including but not limited to, referring the matter for criminal prosecution. No City Council member
alleged to have violated division (G) of this section shall participate in the deliberation or voting of the
City Council.
(2) Any person who shall violate the provisions of division (G) of this section shall be
guilty of a misdemeanor. Only violations of division (G) of this section shall be considered
misdemeanors.
('89 Code, § 2.13) (Ord. 89-15, passed 1-23-90) Penalty, see § 10.99
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: Resolution 14358 Adopting the 2015 Fee Schedule
Department: Finance
LICENSE SECTION
Meeting Date: 12/23/2014
Application Complete N/A
Contact: Andy Reid
Agenda Item Type:
Presenter: Andy Reid
Reviewed by Staff ❑
Unfinished Business
Time Requested (Minutes): 5
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
Attached is the 2015 Fee Schedule for City operations with all 2015 changes shown in red font.
Several changes were discussed at the previous council meeting, however there is one addition since last week which
is highlighted in yellow. The Police Department has been aware of a new state law that basically allows citizens to
bring personal weapons to a law enforcement facility for safekeeping. Chief Hatten is proposing a daily fee of $1.00
for such storage with the belief that such storage would most likely be a long-term situation. The daily fee would be
very easy to manage from a billing perspective.
Any questions regarding this new fee can be addressed directly to Chief Hatten.
BOARD ACTION REQUESTED:
Approve Resolution 14358 Adopting the 2015 Fee Schedule
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
CITY OF HUTCHINSON
RESOLUTION NO. 14358
ADOPTING 2015 FEE SCHEDULE
WHEREAS, the City of Hutchinson is empowered by previously passed ordinances to
impose fees for services, and
WHEREAS, based upon the recommendation of costs for providing the services for
various city departments
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA THAT THE FOLLOWING FEE SCHEDULES ARE ADOPTED AND
THAT THESE FEE SCHEDULES REPLACE ANY FEE SCHEDULES PREVIOUSLY APPROVED
BY THE HUTCHINSON CITY COUNCIL.
2015 Building Permit Fee Schedule
2015 Compost/Transfer Facility Fee Schedule
2015 Event Center Fee Schedule
2015 Evergreen Reservation Fee Schedule
2015 Finance Department Fee Schedule
2015 Fire Department Fee Schedule
2015 HRA Fee Schedule
2015 Legal Department Fee Schedule
2015 Licenses and Permits Fee Schedule
2015 Liquor License Fee Schedule
2015 Mapping and Printing Service Fee Schedule
2015 Parks, Recreation, and Community Education Fee Schedule
2015 Planning and Land Use Fee Schedule
2015 Police Department Fee Schedule
2015 Public Works Fee Schedule
* Fee Schedules attached
Adopted by the City Council this 23rd day of December 2014.
ATTESTED:
Marc Sebora
Interim City Administrator
Steve W. Cook
Mayor
City of Hutchinson
2015 Fee Schedule
Fee Schedule includes the following (in alphabetical order)
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 1 Of 22 12/17/2014
Page
- Building/Plumbing/Mechanical permits
2
- Creekside
4
- Event Center
5
- Evergreen Senior Dining
6
- Finance
6
- Fire Department
7
- HRA
7
- Legal
8
- Licenses (general and liquor)
8
- Mapping/Printing
9
- Parks, Recreation, Community Education
11
- Plan Reviews
13
- Planning/Land Use
14
- Police Department
15
- Public Works
16
engineering, assessments, water, water meter, sewer, storm water, garbage, cemetery
H.A.T.S., airport, operations & maintenance
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 1 Of 22 12/17/2014
City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees
Notes
2014 Fees
%
Increase
Last
Chan e
Building/Plumbing/Mechanical Permits
Fixed Fees:
1 & 2 Family Residential Reroofing
$50.00
plus surcharge fee
$50.00
0.0%
2011
1 & 2 Family Residential Residing
$50.00
plus surcharge fee
$50.00
0.0%
2011
1 & 2 Family Residential Window/Door
$50.00
plus surcharge fee
$50.00
0.0%
2011
Replacement
Manufactured (Mobile) Home Install
$185.00
plus surcharge fee. Separate mechanical & plumbing permit
$185.00
0.0%
2011
required.
Utility Sheds
$50.00
under 200 sq. ft - surcharge does not apply.
$50.00
0.0%
2011
$20.88 /sq.ft.
Sheds over 200 sq. ft. valuation of $20.88 / sq. ft.
Moving Permit
$175.00
plus surcharge fee, includes excavation permit fee,
$175.00
0.0%
2011
if applicable
Demolition Permit
$50.00
Residential remodels & accessory structures
$125.00
-60.0%
2011
$125.00
Residential demolition
$250.00
Commercial demolition
Curb Cut, Driveway Apron, and Hard
$50.00
$50.00
0.0%
2011
Surfacing Driveway Permit
Residential Square Foot Valuation:
Dwellings
$98.16 /sq.ft.
$88.46 /sq.ft.
11.0%
2011
Basements
Finished
$10.00 /sq.ft.
$10.00 /sq.ft.
0.0%
2011
Semi-Finished
$10.00 /sq.ft.
$10.00 /sq.ft.
0.0%
2011
Unfinished
$20.00 /sq.ft.
$20.00 /sq.ft.
0.0%
2011
Porches
3 Season Porch
$69.16 /sq.ft.
$62.33 /sq.ft.
11.0%
2011
4 Season Porch
$98.16 /sq.ft.
$88.46 /sq.ft.
11.0%
2011
Screened Porch
$39.26 /sq.ft.
$35.38 /sq.ft.
11.0%
2011
Garages
Attached
$37.81 /sq.ft.
$33.74 /sq.ft.
12.1%
2011
Detached
$20.88 /sq.ft.
$18.63 /sq.ft.
12.1%
2011
Gazebo
$19.00 /sq.ft.
$19.00 /sq.ft.
0.0%
2011
Deck
$10.00 /sq.ft.
$7.00 /sq.ft.
42.9%
2011
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 2 Of 22 12/17/2014
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 3 of 22 12/17/2014
City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees Notes
2014 Fees
%
Increase
Last
Chan e
Construction Valuation:
$1-$1,200
$49.88 minimum valuation and permit amount
$49.88
0.0%
2011
$1,201 - $2,000
$53.03 for the first $1,200 plus $3.20 for each additional $100
or fraction thereof to and including $2,000
$53.03
0.0%
2011
$2,001 - $25,000
$76.35 for the first $2,000 plus $14.70 for each additional $1,000
or fraction thereof to and including $25,000
$76.35
0.0%
2011
$25,001 - $50,000
$431.35 for the first $25,000 plus $10.61 for each additional $1,000
or fraction thereof to and including $50,000
$431.35
0.0%
2011
$50,001 - $100,000
$709.74 for the first $50,000 plus $7.35 for each additional $1,000
or fraction thereof to and including $100,000
$709.74
0.0%
2011
$100,001 - $500,000
$1,095.61 for the first $100,000 plus $5.88 for each additional $1,000
or fraction thereof to and including $500,000
$1,095.61
0.0%
2011
$500,001 - $1,000,000
$3,565.21 for the first $500,000 plus $5.00 for each additional $1,000
or fraction thereof to and including $1,000,000
$3,565.21
0.0%
2011
$1,000,001 and Up
$6,183.65 for the first $1,000,000 plus $3.31 for each additional
$1,000 or fraction thereof.
$6,183.65
0.0%
2011
Penalty Fee
Double the Permit Fee - per City Administrator's
memo of 5-17-88
Refund Policy
Refunds may be available atthe discretion of the
Building Official.
Plumbing Permit Fees:
Fixture of Item Fee
$12.00 $12 per roughed-in fixture or item. Minimum of $50.00
$12.00
0.0%
2011
Mechanical Permit Fees:
Gas Conversion Connection (switch)
$125.00 plus surcharge fee
$125.00
0.0%
2011
Gas Appliance Replacement
$50.00 plus surcharge fee
$50.00
0.0%
2011
Mechanical Fee
1.25% Valuation X1.25%- plusStatesurcharge.
Minimum of $50.00 plus State surcharge.
1.25%
0.0%
2011
Miscellaneous Fees:
Rental registration/inspection
$10.00 /unit Initial inspection and 1 follow up inspection, if needed.
$10.00 /unit
0.0%
2010
Rental Unit Reinspection
$50.00 /unit Second follow-up inspection
Double the cost of Subsequent additional/follow-up inspections
previous inspection
N/A new in 2015
Double the cost
of prev. inspection
Failure to Appear at Scheduled Rental Inspection
$50.00 Fee for not showing up at scheduled inspection
N/A new in 2015
Rental Complaint Inspection
$50.00
$50.00
0.0%
2011
Existing Home Inspection (FMHA)
$75.00
$75.00
0.0%
2011
Parkland Dedication
Per subdivision ordinance
Temporary Certificate of Occupancy
Refundable Deposit Add'I staff time and follow-up is required for temp C.O.s.
Deposit of $500.00 required and will be refunded if final
within timeframe established by Building Department
Refundable Deposit
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 3 of 22 12/17/2014
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 4 Of 22 12/17/2014
City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees
Notes
2014 Fees
%
Increase
Last
Chan e
Temporary Permits, including footing and foundation
permits and preconstruction demolition
$125.00
Temporary permits allow limited work to be done prior to
complete plan submittal and review
$125.00
0.0%
2011
All other non-specified inspections*
$60.00
Minimum fee plus State surcharge
* or the total hourly costs of the jurisdiction, whichever is
the greatest. The cost shall include supervision, overhead
equipment, hourly wages, and fringe benefits of the
employees involved.
$60.00
0.0%
2011
Fire Sprinkler Fees:
New or Additional Fire Sprinkler Systems
1.25%
Fee is equal to 1.25% (.0125) of the total fire sprinkler
contract amount, plus a State surcharge.
Minimum of $40 plus State surcharge.
1.25%
0.0%
2011
Creekside
Gate Fee:
McLeod County resident leaves, grass clippings,
and brush (under 6" in diameter)
No Charge ID required and bags emptied
No Charge
2001
Commercial Leaves and Grass Clippings
(bio-corp/paper bag - no plastic)
$10.00 /ton
$10.00 /ton
0.0%
2001
Commercial Leaves and Grass Clippings (plastic)
Not Accepted Plastic determination is at the discretion of the monitor
and determined on a per load basis
Not Accepted
2001
Commercial Brush (under 6" in diameter)
No Charge
No Charge
2001
Logs (6" diameter or greater)
No Charge
No Charge
2001
Pallets and Crates
$24.00 /ton
$24.00 /ton
0.0%
2001
Stump Chips
No Charge
No Charge
2001
Clean Wood
No Charge
No Charge
2001
Concrete (Dirty)
$5.00 /ton
$5.00 /ton
0.0%
2001
Asphalt (Dirty)
$5.00 /ton
$5.00 /ton
0.0%
2001
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 4 Of 22 12/17/2014
City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees
Notes
2014 Fees
%
Last
Increase
Chan e
Event Center
Great Room:
Seating up to 525 dinner or 1,100 theatre
Monday- Thursday
$325.00
$325.00
0.0%
2014
Friday, Saturday, Holidays
$600.00
$600.00
0.0%
2014
Sunday
$400.00
$400.00
0.0%
2014
Linen Service Fee
$95.00
$95.00
0.0%
2013
Half Great Room:
Seating up to 250 dinner or 550 theatre
Monday- Thursday
$180.00
$180.00
0.0%
2014
Friday, Saturday, Holidays
$350.00
$350.00
0.0%
2014
Sunday
$275.00
$275.00
0.0%
2014
Linen Service Fee
$50.00
$50.00
0.0%
2013
Quarter Great Room:
Seating up to 100 dinner or 125 theatre
Monday- Thursday
$90.00
$90.00
0.0%
2001
Friday, Saturday, Holidays
$225.00
$225.00
0.0%
2014
Sunday
$150.00
$150.00
0.0%
2014
Linen Service Fee
$25.00
$25.00
0.0%
2013
Meeting Room:
Seating for 40 - two hour minimum
Ambassador
$20.00
$20.00
0.0%
2001
Westlund
$20.00
$20.00
0.0%
2001
McCormick
$20.00
$20.00
0.0%
2001
Program Room:
Cash Wise
$125.00
Seating for 75 - two hour minimum
$125.00
0.0%
2013
MidCountry
$20.00
Seating for 15 - two hour minimum
$20.00
0.0%
2001
Steans
$20.00
Seating for 15 - two hour minimum
$20.00
0.0%
2001
Hoefer
$20.00
Seating for 15 - two hour minimum
$20.00
0.0%
2001
LCD Projector 3500 Lumen
$300.00
$300.00
0.0%
2001
LCD Projector 1100 Lumen
$100.00
$100.00
0.0%
2001
Overhead Projector
$27.00
$27.00
0.0%
2001
Slide Projector
$27.00
$27.00
0.0%
2001
Front Truss Screen 9X12
$83.00
$83.00
0.0%
2001
Rear Truss Screen 9X13
$117.00
$117.00
0.0%
2001
Podium
$10.00
$10.00
0.0%
2001
Podium with Microphone
$35.00
$35.00
0.0%
2001
Wireless Microphone
$35.00
$35.00
0.0%
2001
TV & VCR Lap top
$30.00
$30.00
0.0%
2001
VCR/DVD/CD Player
$20.00
$20.00
0.0%
2001
Internet Connection
$20.00
$20.00
0.0%
2001
Piano
$25.00
$25.00
0.0%
2001
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I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 6 of 22 12/17/2014
City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees Notes
2014 Fees
%
Increase
Last
Chan e
Security
$51 /hr/officer For events with alcohol, we require at least one Hutchinson
police officer on duty until the end of the event (minimum of 4
hours). For groups of 250 or more, a second officer may be
required for the final 4 hours of the event. The fee for each
officer is $51/hr. Please refer to "Rental Policy".
$51 /hr/officer
0.0%
2012
Refundable Damage Deposit
$300 /event
$300 /event
0.0%
2014
White Board/Stand 3X4
$11.00 /day
$11.00 /day
0.0%
2001
White Board/Stand 4X6
$14.00 /day
$14.00 /day
0.0%
2001
Coffee
$15.00 /30 cups Hutchinson Event Center catered events
$20.00 /50 cups Non HEC catered events
$15.00 /30 cups
$20.00 /50 cups
0.0%
0.0%
2014
2014
Tripod Screen 6'
$10.00 /day
$10.00 /day
0.0%
2001
Tripod Screen 8'
$15.00 /day
$15.00 /day
0.0%
2001
Food Fee-Large Group
$75.00 /day
$75.00 /day
0.0%
2001
Food Fee-Small Group
$50.00 /day
$50.00 /day
0.0%
2014
China/Flatware
$1.00 /place setting Food vendor may add additional fees
$1.00 /place setting
0.0%
2013
Draper Easels
$5.00 /day
$5.00 /day
0.0%
2001
Speaker Phone
$20.00 /day
$20.00 /day
0.0%
2001
Evergreen Senior Dining
Dining Room & Kitchenette
$100.00
$100.00
0.0%
2009
Carpeted Room
$60.00
$60.00
0.0%
2009
After Hours Open or Lock-up
$50.00
$50.00
0.0%
2007
Damage Deposit
$100.00 Separate check to be returned when keys are returned
and if rooms are cleaned up and no damage has occurred
$100.00
0.0%
2007
Finance
Returned check from the bank (NSF or Closed Account)
$30.00 Covers bank charge
$30.00
0.0%
2010
Returned electronic payment (ACH) from the bank
$30.00 Covers bank charge
$30.00
0.0%
2010
Returned on-line bank payments (PSN - Utility Billing)
$35.00 Covers bank charge
$35.00
0.0%
2014
Lodging Tax - City of Hutchinson
3.00% per City ordinance 116.01
3.00%
0.0%
1989
Lodging Tax - penalty for late payment
10.00% per City ordinance 116.22
10.00%
0.0%
1989
Local Option Sales Tax:
Applied to debt service on water and sewer facilities.
Local Sales Tax Rate
0.50% On retail sales made within, or delivered within, the city limits
of Hutchinson. The tax applies to the same items that are
taxable under the Minnesota sales and use tax laws.
0.50%
0.0%
2012
Local Excise Tax
$20.00 Per new or used vehicle sold by a dealer located within
Hutchinson in lieu of Local Sales Tax Rate.
$20.00
0.0%
2012
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I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 7 of 22 12/17/2014
City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees
Notes
2014 Fees
%
Increase
Last
Chan e
Fire Department
Fire Engine
$200.00 /hr each hour on scene
$200.00 /hr
0.0%
2014
Grass Truck/Unit
$100.00 /hr each hour on scene
$100.00 /hr
0.0%
2010
HERT Trailer (Haz-Mat)
$50.00 /hr Plus material and/or equipment used
$50.00 /hr
0.0%
2010
Incident Commander (IC)
$50.00 /hr each hour on scene
$50.00 /hr
0.0%
2014
Certified Firefighter
$30.00 /hr each hour on scene
$30.00 /hr
0.0%
2014
Platform Truck
$350.00 /hr each hour on scene
$350.00 /hr
0.0%
2014
Rescue
$200.00 /hr First hour on scene
$100.00 /hr Each hour after the first hour on scene
$200.00 /hr
$100.00 /hr
0.0%
0.0%
2014
2014
Water Tanker Truck
$150.00 /hr each hour on scene
$150.00 /hr
0.0%
2010
Fireworks:
Fireworks Only Business & Tent Sales
Other retailers
$350.00 License fee is non-refundable, cannot be prorated,
(Jan 1 - Dec 31) and cannot be waived
$100.00 License fee is non-refundable, cannot be prorated,
(Jan 1 - Dec 31) and cannot be waived
$350.00
(Jan 1 - Dec 31)
$100.00
(Jan 1 - Dec 31)
0.0%
0.0%
2010
2010
HRA
Pre Energy Audit $300 Post Energy Audit $150
$450.00
$400.00
- "
2013
Subordination Request Processing Fee
$100.00
$100.00
0.0%
2003
Duplicate Document Fee
$50.00
$50.00
0.0%
2007
Loan Processing:
CRPI Rehab Loan Admin Fee
CRNPI Rehab Loan Document Preparation
$2,600.00
$350.00 Owner match to CRPI
$1,500.00
$700.00
73.3%
-50.0%
2006
2003
GMHF & CRV Gap Loan Admin Fee
$350.00
$350.00
0.0%
2006
SCDP Rental Rehab Project Loan Admin Fee
13.00% % of SCDP Loan
$2,600.00
-100.0%
2008
HRA Loan Admin Fee
$400.00
$400.00
0.0%
2014
Credit Report Fee
$15.00
$15.00
0.0%
2000
Lead Risk Assessment
$450.00 Lead Risk Assessment for RLP $550
(additional samples required)
$450.00
0.0%
2008
Lead Clearance Testing
$150.00
$150.00
0.0%
2008
MHFA Rehab Loan Program Admin Fee
14.00% % of loan amount (changed from specific dollar amount)
14.00%1
0.0%
1 2008
FUF/CFUF & HHILP Title Search Fee
$25.00
$25.00
0.0%
2008
FUF/CFUF & HHILP Loan Document Preparation Fee
$50.00
$50.00
0.0%
2008
FUF/CFUF & HHILP Loan Origination Fee
1.00% % of loan amount
1.00%1
0.0%
1 2008
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I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 8 Of 22 12/17/2014
City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees
Notes
2014 Fees
%
Increase
Last
Chan e
Legal
Attorney's Fees for Litigation
$100.00 /hr Charged per 1/4 hour
$100.00 /hr
0.0%
2008
Paralegal's Fees for Litigation
$50.00 /hr Charged per 1/4 hour
$50.00 /hr
0.0%
2008
Contract Review Fee
$100.00 /hr Charged per 1/4 hour
$100.00 /hr
0.0%
2008
Attorney's Fees for Rental Registration Prosecution
$100.00 /hr Charged per 1/4 hour
$100.00 /hr
0.0%
2008
Paralegal's Fees for Rental Registration Prosecution
$50.00 /hr Charged per 1/4 hour
$50.00 /hr
0.0%
2008
Dangerous Dog Designation Hearing
Upto $1,000.00
Upto $1,000.00
0.0%
2008
Licenses
Carnival
$525.00 Refundable deposit
$525.00
0.0%
2009
Dance Permit
$55.00 Short Term
$55.00
0.0%
2009
Short-Term Gambling
$30.00 Short Term
$30.00
0.0%
2009
Garbage & Refuse Haulers:
Commercial
Residential
Recycling
Recycling
$125.00 January 1 -December 31
$125.00 January 1 - December 31
$55.00 January 1 - December 31
$30.00 /day Per Day
$125.00
$125.00
$55.00
$30.00 /day
0.0%
0.0%
0.0%
0.0%
2009
2009
2009
2009
Massage Services
$175.00 January 1 -December 31
$175.00
0.0%
2009
Motorized Golf Cart
$10.00 January 1 - December 31
$10.00
0.0%
2009
Notary Fee
$1.00 Per Notarized Item
$1.00
0.0%
2009
Parade
$0.00 Short Term
$30.00
2009
Peddler/Solicitor/Transient Merchant
$125.00 Per License
$125.00
0.0%
2009
Pawn Shops and Precious Metal Dealers
$125.00 January 1 - December 31
$125.00
0.0%
2009
Public Property Use:
No alcohol use
Alcohol use
$525.00
$1,100.00
$525.00
$1,100.00
0.0%
0.0%
2009
2009
Second Hand Goods Dealers
$125.00 January 1 - December 31
$125.00
0.0%
2009
Shows/Exhibitions
$100.00 Short Term
$100.00
0.0%
2010
Tattoo License
$175.00 January 1 - December 31
$175.00
0.0%
2009
Taxi Cab License (per cab)
$5.00 /cab January 1 -December 31
$5.00 /cab
0.0%
2009
Tobacco License
$175.00 January 1 - December 31
$175.00
0.0%
2009
Rental Housing Registration
$10.00 /unit
$10.00 /unit
0.0%
2009
Food Cart
$125.00
$125.00
0.0%
2013
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 8 Of 22 12/17/2014
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 9 of 22 12/17/2014
City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees Notes
2014 Fees
%
Increase
Last
Chan e
Liquor:
Club Liquor License
Under 200 Members
201 - 500 Members
501 - 1000 Members
1001 - 2000 Members
2001 - 4000 Members
4001 - 6000 Members
Over 6000 Members
Maximum fee amount set by state statute
$300.00 January 1 - December 31
$500.00 January 1 - December 31
$650.00 January 1 - December 31
$800.00 January 1 - December 31
$1,000.00 January 1 - December 31
$2,000.00 January 1 - December 31
$3,000.00 January 1 - December 31
$300.00
$500.00
$650.00
$800.00
$1,000.00
$2,000.00
$3,000.00
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
2009
2009
2009
2009
2009
2009
2009
Consumption & Display
$250.00 January 1 - December 31
$25.00 /event Temporary
$250.00
$25.00 /event
0.0%
0.0
2012
Wine License
$425.00 January 1 -December 31
$425.00
0.0%
2009
On -Sale Intoxicating Malt Liquor & Wine License
$600.00 January 1 - December 31
$600.00
0.0%
2009
On -Sale Intoxicating Liquor License
$2,000.00 January 1 - December 31 (prorate, refundable)
$3,700.00
-45.9%
2009
On -Sale Sunday Intoxicating Liquor License
$125.00 January 1 - December 31
$100.00 Temporary License (One Day)
$125.00
$100.00
0.0%
0.0%
2009
2009
On -Sale 3.2 Malt Liquor License
$425.00 January 1 - December 31 (nonrefundable)
$75.00 Short Term
$425.00
$75.00
0.0%
0.0%
2009
2013
Off -Sale 3.2 Malt Liquor License
$300.00 January 1 - December 31 (nonrefundable)
$300.00
0.0%
2009
Temporary Liquor License
$125.00 minimum
$125.00 minimum
0.0%
2013
Intoxicating Liquor Investigations
$375.00 Nonrefundable
$375.00
0.0%
2009
3.2 Malt Liquor Investigations
$125.00 Nonrefundable
$125.00
0.0%
2009
Caterer's Permit
$100.00 Per Event
$300.00 Annual
$100.00
$300.00
0.0%
0.0%
2010
2010
Brewer (off -sale)
$375.00 Annual
$375.00
0.0%
2014
Brew pub off -sale
$375.00 Annual
$375.00
0.0%
2014
Taproom (on -sale)
$600.00 Annual
$600.00
0.0%
2014
Mapping and Printing
Comprehensive Plan
Book
DC
Color Copy with Foldouts
Web Copy
$25.00
$15.00
$75.00 Four books
No Charge
$25.00
$15.00
$75.00
No Charge
0.0%
0.0%
0.0%
2009
2009
2009
Subdivision Ordinance
$20.00
$20.00
0.0%
2009
Zoning Manual
$20.00
$20.00
0.0%
2009
Zoning/Shoreland/Subdivision Manual
$40.00
$40.00
0.0%
2009
Joint Planning Area Zoning Manual
$20.00
$20.00
0.0%
2009
Subdivision Agreement
$1.00 /page
$1.00 /page
0.0%
2009
8 1/2" X 11"- Black & White print
$0.25 /page
$0.25 /page
0.0%
2009
8 1/2" X 11"- Color print
$1.50 /page
$1.50 /page
0.0%
2009
Legal or Tabloid Size - Black & White print
$1.00 /page
$1.00 /page
0.0%
2009
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 9 of 22 12/17/2014
City of Hutchinson
2015 Fee Schedule
Fee Type 2015 Fees Notes
2014 Fees
%
Increase
Last
Chan e
Legal or Tabloid Size - Color print $3.00 /page
$3.00 /page
0.0%
2009
18" X 24" - Black & White print $1.50 /page
$1.50 /page
0.0%
2009
18" X 24" - Color print $4.50 /page
$4.50 /page
0.0%
2009
24" X 36" - Black & White print $3.00 /page
$3.00 /page
0.0%
2009
24" X 36" - Color print $9.00 /page Small city zoning map
$9.00 /page
0.0%
2009
36" X 36" - Black & White print $4.50 /page
$4.50 /page
0.0%
2009
36" X 36" - Color print $14.00 /page
$14.00 /page
0.0%
2009
36" X 48" - Black & White print $6.00 /page
$6.00 /page
0.0%
2009
36" X 48" - Color print $18.00 /page
$18.00 /page
0.0%
2009
Roll Paper Printing $1.50 /sq.ft.
$1.50 /sq.ft.
0.0%
2009
Specialty Map preparation $27.50 /hr Map printing at charges noted above, one hour minimum,
1/4 hour increments thereafter, must be approved by
the City IT Director
$27.50 /hr
0.0%
2009
8 1/2" X 11" $5.00 Color orthophoto prints
$5.00
0.0%
2009
Legal or Tabloid $9.00 Color orthophoto prints
$9.00
0.0%
2009
18" X 24" $20.00 Color orthophoto prints
$20.00
0.0%
2009
24" X 36" $30.00 Color orthophoto prints
$30.00
0.0%
2009
36" X 36" $40.00 Color orthophoto prints
$40.00
0.0%
2009
36" X 48" $50.00 Color orthophoto prints
$50.00
0.0%
2009
Digital Data Orthophoto $550 /sq.mile Minimum charge of $550.00
$550 /sq.mile
0.0%
2009
Digital Data Contours $550 /sq.mile IMinimum charge of $550.00
$550 /sq.mile
0.0%
2009
Digital Data Planimetrics $250 /sq.mile IMinimum charge of $250.00
$250 /sq.mile
0.0%
2009
- Purchase a combination of all three data sets for $1,350 /sq.mile not to exceed a maximum charge of $18,100
- Special mapping requests = Data Price + $50 /hr
- All data is provided in Arcview Shape File format on a CD
- An additional $50 charge will be applied to digital data converted to a .dxf format for CAD systems
- The City reserves the right to waive fees by Council direction for other governmental organizations. Commercial-type printing of private,
non-city materials (i.e. building plans, site drawings, etc) or map preparation for private use is not allowed.
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 10 of 22 12/17/2014
City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees
Notes
2014 Fees
%
Last
Increase
Chan e
Parks, Recreation & Community Education
Youth Sports/Activities:
Adaptive Recreation
$4.00 /session
per session
$4.00 /session
0.0%
2009
T-Ball / Baseball (K - Grade 2)
$40.00
14 sessions
$40.00
0.0%
2013
Girls Softball (Grades 1 - 4)
$40.00
14 sessions
$40.00
0.0%
2013
Baseball (Grades 2 - 5)
$40.00
14 sessions
$40.00
0.0%
2013
Basketball:
Preschool
$20.00
7 sessions
$20.00
0.0%
2011
K - Grade 2
$30.00
7 sessions
$30.00
0.0%
2011
Grades 3 - 4
$40.00
14 sessions
$40.00
0.0%
2013
Grades 5 - 6
$70.00
24 sessions
$70.00
0.0%
2013
Football:
Flag
$30.00
7 sessions
$30.00
0.0%
2013
Tackle
$50.00
14 sessions
$50.00
0.0%
2013
Soccer:
Indoor
$25.00
6 sessions
$25.00
0.0%
2013
Outdoor: Grades K-3
$35.00
6 sessions
$35.00
0.0%
2011
Outdoor: Grades 4-6
$40.00
12 sessions
$40.00
0.0%
2013
Figure Skating:
Tots-Delta
$57.00
14 sessions
$57.00
0.0%
2013
Sunday Practice
$67.00
14 sessions
$67.00
0.0%
2013
Open Skating Pass:
Students/Seniors
$45.00
$45.00
0.0%
2011
Adults
$55.00
$55.00
0.0%
2011
Families
$75.00
$75.00
0.0%
2011
Open Skating:
Sunday
$2.00 /day
per youth per day
$2.00 /day
0.0%
2001
Non -School Days
$3.00 /day
per adult per day
$3.00 /day
0.0%
2001
School Days
$2.00 /day
per adult per day
$2.00 /day
0.0%
2001
School Days
$3.00 /day
per family per day
$3.00 /day
0.0%
2001
Family Hour
$3.00 /day
per adults
$3.00 /day
0.0%
2001
Family Hour
$5.00 /day
per family
$5.00 /day
0.0%
2001
Swimming Lessons
$38.00
10lessons
$38.00
0.0%
2011
Open Swim
$3.00 /day
per person per day
$3.00 /day
0.0%
2001
Open Swim Family Hour
$6.00 /day
per family
$6.00 /day
0.0%
2001
Swim Package
$25.00
10 swims
$25.00
0.0%
2001
Swim Package
$30.00
senior citizen
$30.00
0.0%
2001
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 11 of 22 12/17/2014
City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees
Notes
2014 Fees
%
Last
Increase
Chan e
Household Swim Package:
1 member
$50.00
$50.00
0.0%
2011
2members
$60.00
$60.00
0.0%
2011
3members
$70.00
$70.00
0.0%
2011
4members
$80.00
$80.00
0.0%
2011
5members
$90.00
$90.00
0.0%
2011
6members
$100.00
$100.00
0.0%
2011
7members
$110.00
$110.00
0.0%
2011
Adult Sports:
Men's Basketball
$12.00
per game per team
$12.00
0.0%
2013
Slowpitch Softball (Umpired Leagues)
$12.00
per game per team
$12.00
0.0%
2013
Volleyball:
Co-Rec
$12.00
per match per team
$12.00
0.0%
2013
Men's
$12.00
per match per team
$12.00
0.0%
2013
Sand
$50.00
per team 10 matches
$50.00
0.0%
2013
Women's
$12.00
per match per team
$12.00
0.0%
2013
Open Basketball
$2.00
per person
$2.00
0.0%
2001
Open Hockey
$5.00 /day
per person per day
$5.00 /day
0.0%
2001
Other Fees:
West River Park Camping:
Electric Hook-Up
$20.00
$20.00
0.0%
2014
Water, Sewer, Electric
$25.00
$25.00
0.0%
2014
Field Rental
$15.00
1 1/2 hours
$15.00
0.0%
2014
VMF Field:
Day Game
$40.00
$40.00
0.0%
2014
Night Game
$80.00
$80.00
0.0%
2014
Shelter reservation
$20.00
per day
$20.00
0.0%
2007
$40.00
or or
$40.00
0.0%
2014
Bleachers
$20.00
per 3 rows
$20.00
0.0%
2007
Picnic Tables
$10.00
With three-day rental, will move tables, four table minimum
$10.00
0.0%
2007
Garden Plot
$35.00
10' x 20'
$35.00
0.0%
2009
Open Gym Daily
$3.00
per person
$3.00
0.0%
2014
Open Gym Pass
$45.00
per person
$45.00
0.0%
2014
Indoor Playground:
Child
$2.00
per child
$2.00
0.0%
2009
Family
$3.00
per family
$3.00
0.0%
2009
Family Playground Pass
$45.00
$45.00
0.0%
2014
Rec Center and Civic Arena (dry floor):
First Full Day
$600.00
per day
$600.00
0.0%
2001
Half Day
$350.00
1/2 day
$350.00
0.0%
2010
Additional Day
$300.00
each additional day
$300.00
0.0%
2001
Youth
$40.00 /hr
per hour
$40.00 /hr
0.0%
2013
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 12 of 22 12/17/2014
City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees
Notes
2014 Fees
%
Increase
Last
Chan e
Rec Center:
Basketball Rental
$20.00
per court per hour
$20.00
0.0%
2013
Volleyball Rental
$17.50
per court per hour
$17.50
0.0%
2009
Swimming Pool
$60.00
per hour
$60.00
0.0%
2009
Lobby
$15.00
per hour
$15.00
0.0%
2009
Civic Arena:
Ice Time
$150.00 /hr
per hour
$150.00 /hr
0.0%
2013
Summer Ice
$150.00 /hr
per hour
$150.00 /hr
0.0%
2013
Roberts Park Tournament Fee
$45.00
per field per day
$45.00
0.0%
2013
Transfers
$4.00
per person per class
$4.00
0.0%
2010
Cancellations
$4.00
deducted from refund
$4.00
0.0%
2010
***Team Fees Are Non-Refundable***
Plan Review
Plan Review is 65% of the building permit fee
Plan Review Fee for similar plans is 25% of Building Permit Fee (per MN Rule 1300.0160)
All other non-specified valuations to be determined by Building Official.
State Surcharge Fee:
Permits with Fixed Fees
$5.00
Surcharge for mobile home, demolition, moving, excavation,
$5.00
0.0%
2011
$1.00 after 6/30/2015
residential reroof, residential reside, residential window or
door replacement, and utility sheds over 200 sq.ft.
Valuation up to $1,000,000
Mil (.0005) X
Mil (.0005) X Valuations up to $1,000,000
Mil (.0005) X
2011
Valuations
Valuations
$1,000,000 to $2,000,000
Valuation -
Valuation - $1,000,000 X.0004 + $500.00
Valuation -
2011
$1,000,000 X.0004
$1,000,000 X.0004
+$500.00
+$500.00
$2,000,000 to $3,000,000
Valuation -
Valuation - $2,000,000 X.0003 + $900.00
Valuation -
2011
$2,000,000 X.0003
$2,000,000 X.0003
+$900.00
+$900.00
$3,000,000 to $4,000,000
Valuation -
Valuation - $3,000,000 X.0002 + $1,200.00
Valuation -
2011
$3,000,000 X.0002
$3,000,000 X.0002
+$1,200.00
+$1,200.00
$4,000,000 to $5,000,000
Valuation -
Valuation - $4,000,000 X.0001 + $1,400.00
Valuation -
2011
$4,000,000 X.0001
$4,000,000 X.0001
+$1,400.00
+$1,400.00
$5,000,000 and over
Valuation -
Valuation - $5,000,000 X.00005 + $1,500.00
Valuation -
2011
$5,000,000 X.00005
$5,000,000 X.00005
+$1,500.00
+$1,500.00
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City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees
Notes
2014 Fees
%
Increase
Last
Chan e
Planning and Land Use
Variances
$300.00 Includes recording fees
$300.00
0.0%
2011
Conditional Use Permits
$300.00 Includes recording fees
$300.00
0.0%
2011
Rezoning
$375.00 Includes recording fees
$375.00
0.0%
2011
Vacation of street, alley, or easement
$375.00 Includes recording fees
$375.00
0.0%
2011
Lot Splits (Single and Two Family)
$175.00 Includes recording fees
$175.00
0.0%
2011
Lot Splits (Multiple Family, Commercial, Industrial)
$250.00 Includes recording fees
$250.00
0.0%
2011
Comprehensive Plan Amendment
$300.00
$300.00
0.0%
2011
Planned Unit Development
$500.00 Includes recording fees
$500.00
0.0%
2011
Platting:
Preliminary Plat
$400.00 Plus recording and legal fees
+ $10 per lot
$400.00
+ $10 per lot
0.0%
2011
Final Plat
$200.00 Plus recording and legal fees
+ $10 per lot
$200.00
+ $10 per lot
0.0%
2011
Site Plan
$250.00
$250.00
0.0%
2011
Annexation
$450.00 Includes annexation fee to be paid to State
+$5 per acre
$450.00
+$5 per acre
0.0%
2011
Sign Permit
$1.00 /sq.ft. Per square foot with a minimum fee of $60.00
$60.00 minimum
$1.00 /sq.ft.
$60.00 minimum
0.0%
2011
Sandwich Board Sign Permit
$60.00 Per year
$60.00
0.0%
2011
Portable/Temporary Sign Permit
$60.00 Per permit, three permits per calendar year
$60.00
0.0%
2011
Fence Permit
$50.00
$50.00
0.0%
2011
After the Fact
Double permit fee
Double permit fee
Special Meeting
Double permit fee Includes $30 payment to Planning Commissioners
in attendance
Double permit fee
Zoning Letters
$30.00 Per property address
$30.00
0.0%
2011
Flood Zoning Letters
$30.00 Per property address
$30.00
0.0%
2011
Trees
$300.00 1 Per tree
$300.00
0.0%
2012
NOTE: Application fees include public hearing publication, preparation of maps, public notice mailings, agenda preparation, meetings, site visits,
filing fees for the County, administrative expenses, etc.
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City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees
Notes
2014 Fees
%
Increase
Last
Chan e
Police Department
Animal License Tag (Dog/Cat)
$10.00
$10.00
0.0%
2007
Dangerous Dog Designation Registration
$50.00
$50.00
0.0%
2009
Animal Impound
$50.00
$50.00
0.0%
2007
Animal Maintenance/Kennel Fee:
Initial kennel fee - first day
Dogs - kennel fee after first day
Cats - kennel fee after first day
Vaccination fee
Testing fee
$35.00 applies to both cats and dogs
$16.00 /day per dayfollowing the initial kennel fee
$11.00 /day per day following the initial kennel fee
$5.00 applies to both cats and dogs
$25.00 applies to cats only
N/A - new in 2015
$15.00 /day
$13.00 /day
N/A - new in 2015
N/A - new in 2015
6.7%
-15.4%
2009
2009
Vehicle Impound Storage
$10.00 /day Per day
$10.00 /day
0.0%
2007
Court Ordered Breath Tests
$25.00 /week Per week
$25.00 /week
0.0%
2007
Finger Printing
$20.00
$20.00
0.0%
2007
Police Report Copies:
Walk In
Mail or Fax
$0.25 /page Per page
$5.00
$0.25 /page
$5.00
0.0%
0.0%
2007
2007
Police Service of Papers
$45.00
$35.00
28.6%
2007
Photographs
$2.00 /page Per page
$2.00 /page
0.0%
2007
Audio/Video Magnetic Media
$30.00 /item Per item
$30.00 /item
0.0%
2007
Bicycle Licenses
$5.00
$5.00
0.0%
2007
Automated Pawn Services
$1.50
$1.50
0.0%
2007
Citizen Weapon Storage
$1.00 /day New state law allows citizens to bring personal weapons into
the Police Department for safekeeping.
N/A new in 2015
The following are court assessed fees for violation of specific ordinances.
ATV Traffic Control Regulations
$125.00 73.15
$125.00
0.0%
2012
City Parking Lots & Rams
$25.00 72.08
$25.00
0.0%
2012
Dog at Large
$50.00 Ordinance No. 93.18
$50.00
0.0%
2012
Dog Without License
$25.00 93.18
$25.00
0.0%
2012
Drive through private property to avoid traffic control device $85.00 71.08
$85.00
0.0%
2012
Emergency Parking Prohibition
$100.00 72.05
$100.00
0.0%
2012
Equipment Reuirements/Muffler
$50.00 73.03
$50.00
0.0%
2012
Excessive Vehicle Noise Prohibited
$85.00 71.11
$85.00
0.0%
2012
Fail to Remove Animal Waste
$30.00 93.01
$30.00
0.0%
2012
Fire Lanes, Rush Hour Traffic
$50.00 72.13
$50.00
0.0%
2012
Loading Zone
$25.00 72.09
$25.00
0.0%
2012
Moto r-home/Trailer/Rec vehicle park restriction
$25.00 72.07
$25.00
0.0%
2012
Motorized Scooters
$85.00 73.17
$85.00
0.0%
2012
No Burning Permit in Possession
$100.00 92.62
$100.00
0.0%
2012
No Parking
$25.00 Ordinance No. 72.04 (b) 3
$25.00
0.0%
2012
No Parking-Bike Lane
$25.00 70.05
$25.00
0.0%
2012
No Parkin -Snow Emergency
$50.00 72.15
$50.00
0.0%
2012
Nuisance Parking
$25.00 Ordinance No. 92.19
$25.00
0.0%
2012
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City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees Notes
2014 Fees
%
Increase
Last
Chan e
Parallel Parking
$25.00 72.02
$25.00
0.0%
2012
Parking for Advertising or Sale Prohibited
$50.00 72.11
$50.00
0.0%
2012
Parking/Standing/Stopping Prohibited
$25.00 72.01
$25.00
0.0%
2012
Physically Handicapped Parking
$200.00 72.12
$200.00
0.0%
2012
Possession of uncased loaded firearm
$125.00 130.05
$125.00
0.0%
2012
Residential zoning district violation
$40.00 154.056
$40.00
0.0%
2012
Traffic Congestion Street/Restriction/Exemption
$25.00 71.06
$25.00
0.0%
2012
Truck Parking Restricted
$25.00 72.06
$25.00
0.0%
2012
Use of Bike/Skateboards/Rollerskates/Like
$25.00 73.31
$25.00
0.0%
2012
U-Turns Restriction
$25.00 71.04
$25.00
0.0%
2012
Vehicle repair on street/public parking lot restriction
$85.00 72.1
$85.00
0.0%
2012
Violate Angle Parking Ordinance
$25.00 72.03
$25.00
0.0%
2012
Violate motorized golf cart ordinance
$50.00 73.16
$50.00
0.0%
2012
Violation of Time Limit Parking
$25.00 72.04
$25.00
0.0%
2012
Water Shortages/Rest Use/Hours
$100.00 Ordinance No. 52.06
$100.00
0.0 %
2012
Public Works
Engineering:
* Design Review
3.00%
Review of site and grading plans and/or plans and
specifications prepared by developer, or preliminary
engineering of reconstruction plans.
3.00%
0.0%
2002
Final Design
6.00%
Preparation of project plans and specifications in-house.
6.00%
0.0%
2002
Construction Review and Staking
6.00%
Includes on-site and off-site construction services. Private
developers must provide survey control and may complete
this work with a consultant approved by the City and pay
these costs directly.
6.00%
0.0%
2002
* Preliminary Development
1.00%
Plan review, City approval process, and preparation of
developer, subdivision and/or development agreements.
1.00%
0.0%
2002
Contact Administration
2.00%
Assessment roll preparation, MN Statute 429 review, and
contract administration and review.
2.00%
0.0%
2002
* Comprehensive Planning
2.00%
Comprehensive/infrastructure/system planning and
improvement project studies/reports.
2.00%
0.0%
2014
Topographic Mapping
1.00%
GIS system and topographic mapping administration.
1.00%
0.0%
2014
* Housing needs fund
1.00%
Funding for HRA program supporting housing needs within
the community. The HRA Board may waive this fee on
projects meeting HRA Housing goals. Not applied to
reconstruction or trunk utility improvements.
1.00%
0.0%
2002
Standard City Rate:
Redevelopment/Newly Annexed
21.00%
Redevelopment and newly annexed (does not include
"Housing Needs Fund")
21.00%
0.0%
2014
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City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees
Notes
2014 Fees
%
Increase
Last
Chan e
New Development
22.00%
New development(includes"Housing Needs Fund"). The
City retains the right to approve which projects will be
completed utilizing municipal financing based on guidelines
approved by the City Council.
22.00%
0.0%
2014
Developer Designed & Financed Rate
7.00%
Minimum rate, including all items noted with asterisk (*).
Private development projects utilizing more City services will
be charged based on rates noted above.
7.00%
0.0%
2014
Hutchinson HRA may waive the 1 % Housing Needs Fund fee
based on low-income housing being included in the project.
Engineering: Plans & Specs (paper)
$80.00
Per set fee
$80.00
0.0%
2002
Engineering: Plans & Specs (download set)
$20.00
Per set fee
$20.00
0.0%
2002
The City retains the right to engage a consultant to complete a portion of the Engineering and Project Administration. The developer shall have the
preliminary and final plat approved prior to work commencing on final design. Financial assumnce7bonding maybe required for improvement being
completed by private developers. The developer shall meet all design standards and financial surety requirements of the City.
Typical Residential Improvement Assessment Rates:
Total street reconstruction
$80.00 Per adjusted front foot
$80.00
0.0%
2010
Partial street reconstruction
$65.00 Per adjusted front foot
$65.00
0.0%
2013
Street rehabilitation
$52.50 Per adjusted front foot
$52.50
0.0%
2013
Mill/overlay of street
$30.00 Per adjusted front foot
$30.00
0.0%
2010
Water service lateral
$3,000.00 replaced during construct/reconstruct
$3,000.00
0.0%
2010
Sewer service lateral
$3,000.00 replaced during construct/reconstruct
$3,000.00
0.0%
2010
Water service lateral - new tap
$1,425.00 tap into existing PVC water main
$1,425.00
0.0%
2010
Sewer service lateral - new tap
$2,135.00 tap into existing PVC sewer main
$2,135.00
0.0%
2010
SAC (Sewer Availability Charge)
$2,300.00 Residential per MCES criteria & Commercial/Industrial per
MCES with initial unit + 50% of additional units
$2,300.00
0.0%
2011
WAC (Water Availability Charge)
$1,750.00 Residential per MCES criteria & Commercial/Industrial per
MCES with initial unit + 50% of additional units
$1,750.00
0.0%
2011
Assessment Search
$30.00
$30.00
0.0%
2011
Water Rates:
Base charge
$7.35 Per water meter
$7.35
0.0%
2011
Usage (Residential, Retail, Commercial, Industrial)
To 150,000 gallons per month
151,000 to 3,000,000 gallons per month
Over 3,000,000 gallons per month
$4.34
$3.18
$2.36
$4.34
$3.18
$2.36
0.0%
0.0%
0.0%
2011
2011
2011
Water Service Repair
$0.50 Per water meter per month
$0.50
0.0%
2011
Bulk water
$45.00 Deposit for key rental
$45.00
0.0%
2011
Key rental fee (Month or partial month)
$45.00 Month or partial month
$45.00
0.0%
2011
Lost key
$585.00
$585.00
0.0%
2011
Per load
$20.00 South Park loaded by City staff
$20.00
0.0%
2011
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City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees Notes
2014 Fees
%
Increase
Last
Chan e
Per load
$20.00 2load/day, hydrant fills
$20.00
0.0%
2011
Load Charge
$8.00 per 1,000 gallon (rounded to nearest 1,000 ga.)
$20 minimum
N/A new in 2015
Disconnect/Reconnecting Accounts
Leaving for Winter, or foreclosures (scheduled)
Delinquent Accounts
Reconnect after hours, weekends, holiday
$30.00 $30 for disconnect, $30 for reconnect
$40.00 $40 for disconnect, $40 for reconnect
$100.00
$30.00
$40.00
$100.00
0.0%
0.0%
0.0%
2011
2011
2011
Water Meter Fees:
3/4"
$140.00 Connections and flanges included
$140.00
0.0%
2011
1"
$235.00
$235.00
0.0%
2011
1-1/2"
$495.00
$495.00
0.0%
2011
1-1/2" T2
$830.00
N/A new in 2015
1-1/2" C2
$1,180.00
N/A new in 2015
2" Compound
2" Turbo
3" Compound
3" Turbo
4" Compound
4" Turbo
6" Compound
6" Turbo
$1,600.00
$915.00
$2,150.00
$1,200.00 Water department staff will approve or disapprove or
$3,250.00 require application of turbo or compound meters.
$2,400.00
$5,900.00
$3,900.00
$1,600.00
$915.00
$2,150.00
$1,200.00
$3,250.00
$2,400.00
$5,900.00
$3,900.00
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
2011
2014
2011
2014
2011
2011
2011
2014
Water meter testing fee
$50.00 Plus all direct costs for testing by others
$50.00
0.0%
2012
Water meter transmitter
$125.00 As needed, determined by the Water Dept.
N/A new in 2015
Telecommunications Application Fee:
Single User per frequency pair
$336.00
$336.00
0.0%
2012
Multi-user PCS
$775.00
$775.00
0.0%
2012
Multi-userESMR$1,059.00
$1,059.00
0.0%
2012
Lease rates
Negotiated
Negotiated
Sewer Rates:
Base charge (CATEGORY A)
$6.41 Per connection
$6.41
0.0%
2011
Usage (CATEGORY A)
$6.42 Based upon January/February 30 day avg water usage
$6.42
0.0%
2011
Base charge (CATEGORY B)
$6.41 Per connection
$6.41
0.0%
2011
Usage (CATEGORY B)
$5.75 Based upon January/February 30 day avg water usage
$5.75
0.0%
2011
Load charges:
Biochemical Oxygen Demand (BOD)
Total Kjedahl Nitrogen (TKN)
Suspended Solids
Phosphorous (P)
$0.43 Greater than 140 mg/I
$1.16 Greater than 50 mg/I
$0.40 Greater than 310 mg/I
$5.82 Greater than 6 mg/I
$0.43
$1.16
$0.40
$5.82
0.0%
0.0%
0.0%
0.0%
2010
2010
2010
2010
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City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees Notes
2014 Fees
%
Increase
Last
Chan e
Industrial Pretreatment Program Fees:
New permit application fee
Sewer users < 25,000 galstday and Haulers
Sewer users > 25,000 galstday
$100.00 Permit application fee
$400.00 Permit application fee
$100.00
$400.00
0.0%
0.0%
2006
2006
Annual Permit Fee
Haulers
Sewer Users < 25,000 gals/day
Sewer Users 25,000 to 100,000 gals/day
Sewer Users> 100,000 gals/day
Annual site inspection fee
$100.00 per year
$700.00 per year
$1,400.00 per year
$2,100.00 per year
$100.00
$100.00
$700.00
$1,400.00
$2,100.00
$100.00
0.0%
0.0%
0.0%
0.0%
0.0%
2006
2006
2006
2006
2006
Sampling and Lab costs
at Cost
at Cost
2006
State and Legal Costs
at Cost
at Cost
2006
Limits Exceedance Fees
$150.00 per pollutant per sampling period
$150.00
0.0%
2006
Hauling Waste Fees
Portable Toilets Waste
Truck tipping fee
$6.00 per 100 gallons
$6.00
0.0%
2006
Municipal WWTP Sludge
Truck tipping fee
Sludge volume fee
$50.00 per truck load
$325.00 per dry ton
$50.00
$325.00
0.0%
0.0%
2006
2006
Storm Water Utility:
Golf Course, Park, Open Space
$4.84
$4.47
8.3%
2014
Single & Two-Family Residential
$3.72
$3.43
8.5%
2014
Public/Private School & Institutional
$18.79
$17.35
8.3%
2014
Multi-Family Residential & Church
$26.71
$24.66
8.3%
2014
Commercial & Industrial
$47.80
$44.12
8.3%
2014
Lots 1 to 2 acres
$6.47
$5.97
8.4%
2014
Lots 2 to 3 acres
$11.29
$10.42
8.3%
2014
Lots 3 to 4 acres
$16.09
$14.85
8.4%
2014
Lots 4 to 5 acres
$20.92
$19.31
8.3%
2014
Lots over 5 acres
See Resolution No. 11637
Drainage/Erosion Control permit
$35.00 Drainage connection
$35.00
0.0%
2012
$35.00 < 5,000 ft 2 disturbed
$35.00
0.0%
2012
$100.00 5,000 ft2 - 1 acre disturbed
$100.00
0.0%
2012
$200.00 1 to 5 acres disturbed
$200.00
0.0%
2012
$300.00 More than 5 acres disturbed
1 $300.00
0.0%
2012
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City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees
Notes
2014 Fees
%
Last
Increase
Chan e
Garbage Rates:
Standard weekly service
30-gallon container
$20.12
per month charge
$20.12
0.0%
2008
60-gallon container
$29.02
per month charge
$29.02
0.0%
2008
90-gallon container
$39.92
per month charge
$39.92
0.0%
2008
Standard bi-weekly service
30-gallon container
$14.16
per month charge
$14.16
0.0%
2008
60-gallon container
N/A
not available
N/A
90-gallon container
N/A
not available
N/A
Weekly valet service
30-gallon container
$28.46
per month charge
$28.46
0.0%
2008
60-gallon container
$37.36
per month charge
$37.36
0.0%
2008
90-gallon container
$48.26
per month charge
$48.26
0.0%
2008
Senior Citizens/Low Income Rate
Bi-weekly standard service
$14.16
30-gallon container, per month charge
$14.16
0.0%
2008
Bi-weekly valet service (low income)
$19.79
30-gallon container, per month charge
$19.79
0.0%
2008
Senior citizen reduced rate (low income)
$2.50
per month charge
$2.50
0.0%
2008
Senior citizen reduced valet
$10.84
per month charge
$10.84
0.0%
2008
Senior citizen reduced bi-weekly valet
$6.67
per month charge
$6.67
0.0%
2008
Cemetery:
Flush marker grave space
$750.00
$750.00
0.0%
2012
Upright memorial grave space
$980.00
$980.00
0.0%
2012
Second right of interment
$410.00
$410.00
0.0%
2012
Baby section grave space
$135.00
$135.00
0.0%
2012
Flush marker cremation grave space
$410.00
$410.00
0.0%
2012
Upright memorial cremation grave space
$980.00
$980.00
0.0%
2012
Cremation grave space
$410.00
$410.00
0.0%
2012
Columbarium Niches
Unit G - (Upper 3 rows)
$1,450.00
$1,450.00
0.0%
2012
Unit G - (Lower 2 rows)
$1,295.00
$1,295.00
0.0%
2012
Unit E - (Upper 3 rows)
$1,650.00
$1,650.00
0.0%
2012
Unit E - (Lower 2 rows)
$1,295.00
$1,295.00
0.0%
2012
Columbarium Shelter
$1,950.00
N/A new in 2015
Replacement Bronze Plaque
$360.00
$360.00
0.0%
2012
Weekday interment
$750.00
$750.00
0.0%
2012
Weekend/Holiday interment
$980.00
$980.00
0.0%
2012
Winter weekday interment
$880.00
$880.00
0.0%
2012
Winter weekend/holiday interment
$1,085.00
$1,085.00
0.0%
2012
Weekday Baby interment
$285.00
$285.00
0.0%
2012
Weekend/Holiday Baby interment
$515.00
$515.00
j 0.0%
j 2012
Winter weekday Baby interment
$570.00
$570.00
0.0%
2012
Winter weekend/holiday Baby interment
$620.00
$620.00
0.0%
2012
Weekday cremation in-ground inurnment
$395.00
$360.00
9.7%
2012
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 20 Of 22 12/17/2014
City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees
Notes
2014 Fees %
Increase
Last
Chan e
Weekend/Holiday cremation in-ground inurnment
$625.00
$570.00 9.6%
2012
Winter weekday cremation in-ground inurnment
$510.00
$465.00 9.7%
2012
Winter weekend/holiday cremation in-ground inurnment
$735.00
$670.00 9.7%
2012
Vaulted cremains (additional charge)
$230.00
$230.00 0.0%
2012
Inurnment - Columbaria
Weekday
$360.00
N/A new in 2015
Weekend/Holiday
$570.00
N/A new in 2015
Winter weekday
$465.00
N/A new in 2015
Winter weekend/holiday
$670.00
N/A new in 2015
Disinterment
$1,550.00
$1,550.00 0.0%
2012
Holding vault fee
$130.00
$130.00 0.0%
2012
Stone setting permit
$80.00
$80.00 0.0%
2012
Cemetery deed transfer
$15.00
Rate set by Statute
$15.00 0.0%
2008
Chapel rental
$260.00
Per 1/2 day
$260.00 0.0%
2012
Memorial Bench Program
Single bronze plaque
$520.00
$520.00 0.0%
2012
Double bronze plaque
$725.00
$725.00 0.0%
2012
Engraved name/date per space
$260.00
$260.00 0.0%
2012
Commemorative Bench Program
No memorial on bench, placed by Cemetery
$2,375.00
$2,375.00 0.0%
2012
Recording fee
$80.00
$80.00 0.0%
2012
Affidavit of Ownership
$80.00
Claim of ownership by decent of title
$80.00 0.0%
2012
H.A.T.S. Facility:
Building Service Charge (Hutchinson)
$96,850.00
per year
$94,030.00 3.0%
2014
Building Service Charge (Mn/DOT)
$74,500.00
per year
$72,330.00 3.0%
2014
Building Service Charge (McLeod)
$77,000.00
per year
$74,740.00 3.0%
2014
Fuel Charges
$0.12
$0.12 0.0%
2009
Airport:
City-owned hangars:
Hangars #1/9-1/18
$40.00
Per month. Add $5 for tenants who don't pay property
$40.00 0.0%
2014
taxes within City limits.
Hangars #2/1-2/8
$85.00
Per month. Add $10 for tenants who don't pay property
$75.00 13.3%
2014
taxes within City limits.
Hangars #3/2-3/4, 3/6-3/8
$120.00
Per month. Add $10 for tenants who don't pay property
$120.00 0.0%
2014
taxes within City limits.
Hangars #3/1 & 3/5
$210.00
Per month. Add $10 for tenants who don't pay property
$210.00 0.0%
2014
taxes within City limits.
Hangars #4/1-4/8
$110.00
Per month. Add $10 for tenants who don't pay property
$120.00 -8.3%
2014
taxes within City limits.
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 21 of 22 12/17/2014
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 22 of 22 12/17/2014
City of Hutchinson
2015 Fee Schedule
Fee Type
2015 Fees Notes
2014 Fees
%
Increase
Last
Chan e
City -owned storage spaces - Hangar #4
$40.00 Per month. Add $5 for tenants who don't pay property
taxes within City limits.
$40.00
0.0%
2014
Privately -owned hangar spaces:
General Aviation
Commercial
$0.0363 per sq. ft. every other year (next adjustment in 2016)
$0.1202 per sq. ft. every other year (next adjustment in 2016)
$0.0363
$0.1202
0.0%
0.0%
2014
2014
Operations & Maintenance:
Labor rate
$50.00 /hr Add $20/hr for premium pay
$50.00 /hr
0.0%
2012
Administrative fee
$50.00
$50.00
0.0%
2010
Mailbox reimbursement
$200.00 Reimbursement to property owners for damaged mailbox not
repaired by City staff.
N/A new in 2015
Asphalt patching material
$250.00 /ton Per ton
$250.00 /ton
0.0%
2012
Other materials
Quoted I
Quoted
Equipment rental rates
See most recent FEMA reimbursement rates + 20
and Operator Cost
I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 22 of 22 12/17/2014
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October, 2011: Westwood: Renewable Energy Suitability Study
June — Sept, 2012: Staff and Council discussions regarding Solar PV project
UcLotiluil-� 2012: Signed "Agreement Letter" to Develop a Solar PV System
■ March, 2013: Xcel Energy RDF Proposal Submitted
■ March 12, 2014: Acel Award Letter received by the City
■ April 23, 2014: Planning meeting to move forward
■ May — September: Updated Xcel Award requirements
— Further developments per the Term Sheet and site requirements
■ October 14, 2014: Term Sheet executed with AMERESCO
■ Nov. & Dec. 2104: Final Xcel submittals — awaitin-q Formal Approval
■ December 9, 2014: City Council Public Hearing and Financial Approval
■ December 19, 2014: Contract Agreement and Finalization
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WWTP Annual Load
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Solar System Payback = 18 years (-14 years using higher than
guaranteed system output)
At year 30, system has generated $370,000 - after paying for
itself
■ Pricing = Now = $1,4679000
- Xcel Grant = $958,360
■ Ameresco is using the same Team for this Project as at the
Minneapolis Airport Project (tenKsolar, Hunt Elec. and
Ameresco Project Management Team)
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Jeremy C aver
City of Hutchinson
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Hutchinson, MN 55350
Re: RDF Gram Award EP4– 1
Dear Jcremv
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Congratulations: Your project .ifunwiprrl 1,omjfd1 Soho Emryr Denwmirarinn has been approved
by the Minrawma Public Utililics Commission to receive funding from the Renewable Development
Fuad ("RDF ) by wriUen Order dated March H. 2014. Please note that this Order may be subject to
reconsideration or rehearing by the Commission. the next step in Ute funding process is to ncg sti tc
a grant contract between you and Xcel Energy.
With the assistance of legal counsel, we ure beginning preparation of the RDI- grant contract. In
order to finalize these "'oractx, we need to perform due diligence for which certain information is
required. 'I a that end, enclosed pkase rind a list of items that we will need to review for the
development of the grant contract. Your prompt attention to this request will help at expedite the
process. I he nAacruds may be submitted as they become available and all do not need to he
submitted at the same time.
As the RDF grant contract is a legally binding agreement and may affect your legal rights, we
creouragc you retain a lawyer to represent you throughout this process. Ifyou would like to have
future communwati.ws directed through your lawyer. or a copy of those communications copied to
your lawyer, please let us know.
If you proposed modifications to the standard RDF grant contract we nay he requesting additional
information which may he dependent upon the unique characteristics of your request. That request
will be made at a later date. After the grant contract has been finalized and executed. we will submit
the contract to the Department of Commerce for the required compliance review.
We look forward to working with you so that your project can begin as soon as possible. Please feel
free to contact me at 612.330.6739 if you have any guostktns.
Sincerely,
M1�
Mark G. Ritter
RDF Cham Administrator
Atwhment
ameresco.com
Xcel Due Diligence Submittals
■ Currently all required info has been
submitted by City
■ Final submittal document will be the Signed
contract between the City and Ameresco.
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■ 18 year payback for the City
■ After payback is met, the system generates up to $370,000 in free electricity to
the city through year 30
■ 18 Year Performance Guarantee from Ameresco
— Solar Panel output per year / 30 year life expectancy
— Full design, construction, permitting, installation, maintenance and
measurement & verification by Ameresco.
■ Ameresco is using the same Team for this Project as at the Minneapolis Airport
project (tenKsolar, Hunt Elec. and Ameresco Project Management Team)
■ Hedge Against Electricity Rate Volatility: The proposed Solar PV project (city owned
Power Plant) will provide electricity at a set price over the next 30 years
■ Project Marketing: Ameresco will promote this project via Press releases, Ground
Breaking and Ribbon cutting events.
■ City Sustainability Program: This project along with other city-wide efforts showcases
the City as a leader in sustainability
Non Polluting Power Plant owned by the City
AMERESCO
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HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: 2015 Budget & Tax Levy Approvals
Department: Finance
LICENSE SECTION
Meeting Date: 12/23/2014
Application Complete N/A
Contact: Andy Reid
Agenda Item Type:
Presenter: Andy Reid
Reviewed by Staff ❑
New Business
Time Requested (Minutes): 15
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
Attached are the 2015 Budgets and Tax levies for council's review and approval.
The following budgets have had no changes made since council's last review at the budget workshops or Truth in
Taxation Meeting:
- Resolution No. 14366 - Liquor Fund
- Resolution No. 14367 - Water Fund
- Resolution No. 14368 - Sewer Fund
- Resolution No. 14369 - Storm Water Fund
- Resolution No. 14372 - HRA Levy (1.3% incr) - $155,553
- Resolution No. 14373 - EDA Levy (1.3% incr) - $152,442
- Resolution No. 14375 - General Fund Levy (0% incr) & Debt Levy (5% incr) - $6,656,639
The following budgets have had some changes since council's last review at the budget workshops:
- Resolution No. 14370 - Refuse Fund - wages & benefits increase of $3,406 due to the reclassification of Andy
Kosek to a grade 12.
- 25% of Andy's wages & benefits are charged to Refuse and 75% to Compost.
- Resolution No. 14371 - Compost Fund - wages & benefits increase of $10,198 due to the reclassification of Andy
Kosek to a grade 12.
- Freight expense was reduced $80,000 due to the Ramsey County material going elsewhere
- Freight revenue was reduced $75,000 due to the Ramsey County material issue.
- Resolution No. 14374 - General Fund - Planning & Zoning revenues were increased $1,500 and expenses
increased $1,500 to account for additional training opportunities.
BOARD ACTION REQUESTED:
Approve Resolution Nos. 14366 - 14375, adopting each Budget and setting each Tax Levy per resolution, or with any
changes as council may decide.
Fiscal Impact: Funding Source:
FTE Impact: 0.00 Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
CITY OF HUTCHINSON
RESOLUTION NO. 14366
ADOPTING 2015 LIQUOR FUND BUDGET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
THAT the annual Liquor Fund Budget for the City of Hutchinson for the fiscal
year 2015, which has been submitted by the City Administrator and approved by the
City Council is hereby adopted. The total of said budget and major division thereof
being as follows:
REVENUES AVAILABLE
REVENUES
Liquor Sales $ 1,907,000
Beer Sales 2,753,000
Wine Sales 925,000
Miscellaneous Sales 110,000
Other Revenues 3,000
TOTAL REVENUES $ 5,698,000
REQUIREMENT
EXPENSES
Cost of Sales
$ 4,271,071
Wages & Benefits
521,408
Supplies
16,600
Services & Charges
196,793
Miscellaneous Expenses
5,500
Depreciation Expense
82,075
Capital Outlay
27,000
Debt Service
128,305
Transfers -Out
465,000
TOTAL EXPENSES
$ 5,713,752
Adopted by the City Council this 23rd day of December 2014.
Steve W. Cook
Mayor
ATTESTED:
Marc Sebora
Interim City Administrator
REVENUES:
Sales - Liquor
Sales - Beer
Sales - Wine
Sales - Other
Total Sales
Liquor Fund Budget
Actual
Budget
Forecast
Budget
2015 BUD vs 2014 FC
2013
2014
2014
2015
Amount
% Chg Comment
1,806,978
1,811,000
1,883,349
1,907,000
23,651
1.3%
2,640,792
2,631,000
2,720,232
2,753,000
32,768
1.2%
932,432
951,000
913,209
925,000
11,791
1.3%
4,242
2,000
65,216
110,000
44,784
68.7% Discounts applied to actual sales categories
5,384,444
5,395,000
5,582,006
5,695,000
112,994
2.0% Budgeted 2% increase over the 2014 Forecasted
74,834
73,600
77,960
82,075
sales
Other Revenues
5,449
3,000
3,408
3,000 (408) -12.0%
TOTAL REVENUES
5,389,894
5,398,000
5,585,414
5,698,000 112,586 2.0%
Gross Margin %
24.8%
25.0016
24.8%
25.0016 Target margin of 25%
EXPENDITURES:
Cost of Sales
Wages & Benefits
Supplies
Services & Charges
Miscellaneous Expenses
Depreciation Expense
Capital Outlay
Debt Service
Transfers -Out
TOTAL EXPENDITURES
NET REVENUE / (LOSS)
True Net Income
Estimated Cash Flow
4,049,417
4,045,650
4,199,752
4,271,071
71,319
1.7%
492,622
502,400
504,686
521,408
16,722
3.3%
Predominately part-time labor; 3 full-time employees
16,361
15,600
16,475
16,600
125
0.8%
190,842
186,264
186,371
196,793
10,422
5.6%
Credit card fees $79,000; Advertising $40,000
Utilties $36,000; Liability Insurance $10,000
5,305
5,500
5,302
5,500
198
3.7%
74,834
73,600
77,960
82,075
4,115
5.3%
-
27,000
31,579
27,000
(4,579)
-14.5%
Replace cooling unit on the import beer cooler
35,969
128,385
128,385
128,305
(80)
-0.1%
Loan from Water & Sewer funds
435,000
450,000
450,000
465,000
15,000
3.3%
Increase supported by cash flow
5,300,350
5,434,399
5,600,509
5,713,752
113,243
2.0%
89,544
(36,399)
(15,096)
(15,752)
(656)
86,601 112,483 111,248
37,201 62,864 66,323
CITY OF HUTCHINSON
RESOLUTION NO. 14367
ADOPTING 2015 WATER BUDGET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
THAT the annual Water Fund Budget for the City of Hutchinson for the fiscal
year 2015, which has been submitted by the City Administrator and approved by the
City Council is hereby adopted. The total of said budget and major division thereof
being as follows:
REVENUES AVAILABLE
REVENUES
Water Revenues $2,300,000
Local Sales Tax Revenue 725,000
Charges for Services 50,000
Interest Earnings 34,153
Reimbursements 50,000
TOTAL REVENUES $3,159,153
REQUIREMENT
EXPENSES
Wages & Benefits
$ 500,766
Supplies
123,250
Services & Charges
457,724
Miscellaneous Expenses
16,700
Depreciation Expense
1,104, 000
Capital Outlay
543,750
Debt Service
1,312,414
Transfers -Out
43,145
TOTAL EXPENSES
$4,101,749
Adopted by the City Council this 23rd day of December 2014.
Steve W. Cook
Mayor
ATTESTED:
Marc Sebora
Interim City Administrator
Water Fund Budget
Actual
Budget
Forecast
Budget
2015 BUD vs 2014 FC
2013
2014
2014
2015
Amount
% Used
Comment
REVENUES:
Local Sales Tax
568,960
650,000
709,000
725,000
16,000
2.3%
2.3% incr over 2014 forecast
Water Sales
2,449,865
2,381,500
2,365,802
2,300,000
(65,802)
-2.8%
No rate increases - last increase in 2011
Decrease due to the reduction in Industrial
consumption
Intergovernmental Revenue
-
-
-
-
-
0.0%
Charges for Services
55,173
42,500
48,641
50,000
1,359
2.8%
Antenna rent
Investment Earnings
6,867
20,000
26,164
34,153
7,989
30.5%
Includes Liquor Loan interest received $14K
Reimbursements
11,442
64,192
50,782
50,000
(782)
-1.5%
Liquor loan principal received $50K
Other Financing Sources
11,326
-
-
-
-
0.0%
Fund Balance
-
-
-
-
0.0%
TOTAL REVENUES
3,103,634
3,158,192
3,200,388
3,159,153
(41,235)
-1.3%
EXPENDITURES:
Wages & Benefits
456,784
427,480
403,101
500,766
97,665
24.2%
2015 has 1 FTE supervisor; .5 FTE in 2014
Supplies
118,538
124,250
120,075
123,250
3,175
2.6%
Chemicals $65K; Equipment & Meters $27,500
Services & Charges
448,849
409,618
452,627
457,724
5,097
1.1%
Utilities $230K, Contracted Services $100K
Miscellaneous Expenses
9,751
22,000
14,389
16,700
2,311
16.1%
Permits for operations
Depreciation Expense
1,088,642
1,105,500
1,100,000
1,104,000
4,000
0.4%
Capital Outlay
-
250,000
272,362
543,750
271,388
99.6%
AMR project; $725K total - 75% Water $543,750
25% Sewer $181,250
Debt Service
487,890
1,229,916
1,229,691
1,312,414
82,723
6.7%
PFA loan principal pmts start in 2015; $100K
Transfers -Out
120,359
43,145
43,145
43,145
-
0.0%
General fund transfer
TOTAL EXPENDITURES
2,730,813
3,611,909
3,635,390
4,101,749
466,359
12.8%
NET REVENUE / (LOSS)
372,821
(453,717)
(435,002)
(942,596)
(507,594)
True Net Income / (Loss)
530,283
571,360
464,154
Cash Flow
651,783
664,998
161,404
CITY OF HUTCHINSON
RESOLUTION NO. 14368
ADOPTING 2015 SEWER BUDGET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
THAT the annual Sewer Fund Budget for the City of Hutchinson for the fiscal
year 2015, which has been submitted by the City Administrator and approved by the
City Council is hereby adopted. The total of said budget and major division thereof
being as follows:
REVENUES AVAILABLE
REVENUES
Sewer Revenues $ 3,203,000
Local Option Sales Tax Revenue 725,000
Permits 7,000
Charges for Services 4,000
Investment Earnings 39,153
Reimbursements 62,000
TOTAL REVENUES $ 4,040,153
REQUIREMENT
EXPENSES
Wages & Benefits
$ 679,626
Supplies
249,300
Services & Charges
762,511
Miscellaneous Expenses
24,000
Depreciation Expense
1,495,000
Capital Outlay
691,250
Debt Service
1,573,470
Transfers -Out
43,145
TOTAL EXPENSES
$ 5,518,302
Adopted by the City Council this 23rd day of December 2014
Steve W. Cook
Mayor
ATTESTED:
Marc Sebora
Interim City Administrator
REVENUES:
Local Sales Tax
Sewer Sales
Permits
Charges for Services
Investment Earnings
Reimbursements
Other Financing Sources
Fund Balance
TOTAL REVENUES
Sewer Fund Budget
Actual Budget Forecast Budget 2015 BUD vs 2014 FC
2013 2014 2014 2015 Amount % Used Comment
785,707 650,000 709,000 725,000 16,000 2.3% 2.3% incr over 2014 est
3,372,238 3,132,000 3,201,740 3,203,000 1,260 0.0% No rate increases - last increase in 2011
Budgeted sales assumed flat from 2014 forecast
6,978
7,000
6,700
7,000
300
4.5%
2,608
7,000
6,119
4,000
(2,119)
-34.6%
83,840
(1,176)
20,000
24,997
39,153
14,156
56.6%
Includes Liquor Loan interest received $14K
29,092
64,192
78,342
62,000
(16,342)
-20.9%
Liquor loan principal received $50K
Supplies $22K
Services & Charges
718,401
Other entities dumping into system $12K
11,410
-
-
-
Utilities $415K; Contract R&M $130K
0.0%
-
0.0%
Miscellaneous Expenses
4,206,856 3,880,192 4,026,898 4,040,153 13,255 0.3%
EXPENDITURES:
Wages & Benefits
597,014
608,184
595,786
679,626
83,840
14.1%
2015 has 1 FTE supervisor; .5 FTE in 2014
Supplies
208,036
249,810
230,343
249,300
18,957
8.2%
Chemicals $140K; Eqiupment Parts $42K
Supplies $22K
Services & Charges
718,401
743,765
752,062
762,511
10,449
1.4%
Utilities $415K; Contract R&M $130K
Professional Services $120K; Liability Ins $23K
Miscellaneous Expenses
134,053
26,100
26,651
24,000
(2,651)
-9.9%
Permits for operations
Depreciation Expense
1,637,557
1,589,300
1,572,000
1,495,000
(77,000)
-4.9%
Capital Outlay
-
350,000
195,375
691,250
495,875
253.8%
AMR project; $725K total - 75% Water $543,750
25% Sewer $181,250
Solar Project $510,000
Debt Service
452,099
1,590,266
1,584,374
1,573,470
(10,904)
-0.7%
Transfers -Out
368,191
43,145
43,145
43,145
-
0.0%
General fund transfer
TOTAL EXPENDITURES
4,115,350
5,200,570
4,999,736
5,518,302
518,566
10.4%
NET REVENUE / (LOSS)
91,506
(1,320,378)
(972,838)
(1,478,149)
(505,311)
True Net Income / (Loss)
162,706
355,621
385,612
Cash Flow
268,922
599,162
16,851
CITY OF HUTCHINSON
RESOLUTION NO. 14369
ADOPTING 2015 STORM WATER UTILITY BUDGET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
THAT the annual Storm Water Utility Budget for the City of Hutchinson for the fiscal
year 2015, which has been submitted by the City Administrator and approved by the
City Council is hereby adopted. The total of said budget and major division thereof
being as follows:
REVENUES AVAILABLE
REVENUES
Storm Water Revenues $ 790,200
Interest Earnings 5,000
Other Revenues 1,000
TOTAL REVENUES $ 796,200
REQUIREMENT
EXPENSES
Wages & Benefits
$ 241,318
Supplies
34,175
Services & Charges
146,350
Miscellaneous Expenses
11,250
Depreciation Expense
116,000
Capital Outlay
128,000
Debt Service
193,992
TOTAL EXPENSES
$ 871,085
Adopted by the City Council this 23rd day of December 2014.
Steve W. Cook
Mayor
ATTESTED:
Marc Sebora
Interim City Administrator
Storm Water Fund Budget
Actual
Budget
Forecast
Budget
2015 BUD vs 2014 FC
2013
2014
2014
2015
Amount
% Used
Comment
REVENUES:
Storm Water Sales
671,082
719,500
726,077
790,200
64,123
8.8%
Budgeted 8.3% increase for 2015 rates as year 4 of a
5 year rate increase plan
Licenses & Permits
2,915
-
810
-
(810)
0.0%
Charges for Services
-
1,000
-
-
-
0.0%
Investment Earnings
(5,947)
1,000
1,082
5,000
3,918
362.0%
Reimbursements
3,424
250
2,918
1,000
(1,918)
-65.7%
Fund Balance
-
-
-
-
-
0.0%
TOTAL REVENUES
671,474
721,750
730,887
796,200
65,313
8.9%
EXPENDITURES:
Wages & Benefits
135,951
208,737
188,183
241,318
53,135
28.2%
Budgeted .6 FTE to replace seasonal street sweeper
position
Supplies
16,621
33,150
29,648
34,175
4,527
15.3%
Leaf vacuum program - Fuel & Equip R&M
Services & Charges
84,872
146,450
137,639
146,350
8,711
6.3%
Contract R&M $80K; Auto R&M $20K
Professional Services $20K; Equip Rental $9K
Miscellaneous Expenses
8,548
8,050
9,412
11,250
1,838
19.5%
County ditch assessments $6,250
Depreciation Expense
112,437
111,200
114,500
116,000
1,500
1.3%
Capital Outlay
-
128,000
8,000
128,000
120,000
1500.0%
Annual allowance $120K; Trash pumps $8K
Debt Service
42,262
193,932
195,600
193,992
(1,608)
-0.8%
Transfers -Out
150,468
-
-
-
-
0.0%
TOTAL EXPENDITURES
551,159
829,519
682,982
871,085
188,103
27.5%
NET REVENUE / (LOSS)
120,315
(107,769)
47,905
(74,885)
(122,790)
True Net Income / (Loss)
175,383
211,058
220,032
Cash Flow
3,431
162,405
41,115
CITY OF HUTCHINSON
RESOLUTION NO. 14370
ADOPTING 2015 REFUSE FUND BUDGET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
THAT the annual Refuse Fund Budget for the City of Hutchinson for the fiscal
year 2015, which has been submitted by the City Administrator and approved by the
City Council is hereby adopted. The total of said budget and major division thereof
being as follows:
REVENUES AVAILABLE
REVENUES
Refuse Services $1,133,700
SCORE 12,500
Other Revenues 27500
TOTAL REVENUES $ 1,148,700
REQUIREMENT
EXPENSES
Wages & Benefits
$ 179,288
Supplies
65,400
Services & Charges
702,650
Miscellaneous Expenses
3,250
Depreciation Expense
131,500
Capital Outlay
159,418
Debt Service
24,261
Transfers -Out
55,000
TOTAL EXPENSES
$ 1,320,767
Adopted by the City Council this 23rd day of December 2014
Steve W. Cook
Mayor
ATTESTED:
Marc Sebora
Interim City Administrator
Refuse Fund Budget
TOTAL EXPENDITURES
Actual
Budget
Forecast
Budget
2015 BUD vs 2014 FC
2,746
(96,046)
2013
2014
2014
2015
Amount
%
Comment
REVENUES:
34,715
30,903
8,937
Cash Flow
125,322
20,054
40,841
Refuse Sales
1,130,817
1,138,287
1,132,300
1,133,700
1,400
0.1%
No rate increase. Last increase in 2008.
Intergovernmental
12,231
12,500
12,428
12,500
72
0.6%
County reimbursement of Scale monitoring
Investment Earnings
(5,619)
2,500
2,500
2,500
0
0.0%
Reimbursements
-
1,172
-
(1,172)
0.0%
Transfers -In
-
-
-
-
-
0.0%
TOTAL REVENUES
1,137,429
1,153,287
1,148,399
1,148,700
301
0.0%
EXPENDITURES:
Wages & Benefits
187,828
165,230
177,225
179,288
2,063
1.2%
Supplies
62,970
68,500
64,344
65,400
1,056
1.6%
Compost Bags $35K; Fuel $20K
Services & Charges
664,662
708,993
691,032
702,650
11,618
1.7%
Refuse Hauling $493K; Disposal Fees $145K
Utilities $38K
WM Contract expires 9/30/2015
Miscellaneous Expenses
11,570
1,250
2,884
3,250
366
12.7%
Depreciation Expense
148,656
116,100
125,700
131,500
5,800
4.6%
Capital Outlay
-
110,000
95,000
159,418
64,418
67.8%
Upgrades to Source Separated Bldg $132K
Pickup truck replacement $27K
Debt Service
3,996
24,260
22,073
24,261
2,188
9.9%
2012 Lease Purchase agreement on John Deere
Wheel Loader; last payment in 2017.
Transfers -Out
55,000
55,000
55,000
55,000
-
0.0%
Transfer to General fund reserves as funding source
for the Tree Disease Infestation & Mitigation plan
TOTAL EXPENDITURES
1,134,683
1,249,333
1,233,258
1,320,767 87,509 7.1%
NET REVENUE / (LOSS)
2,746
(96,046)
(84,859)
(172,067) (87,208)
True Net Income / (Loss)
2,746
34,715
30,903
8,937
Cash Flow
125,322
20,054
40,841
(40,567)
CITY OF HUTCHINSON
RESOLUTION NO. 14371
ADOPTING 2015 COMPOST FUND BUDGET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
THAT the annual Compost Fund Budget for the City of Hutchinson for the fiscal
year 2015, which has been submitted by the City Administrator and approved by the
City Council is hereby adopted. The total of said budget and major division thereof
being as follows:
REVENUES AVAILABLE
REVENUES
Sales $ 2,729,160
Other Charges & Fees 58,500
Other Revenues 6,000
TOTAL REVENUES $ 2,793,660
REQUIREMENT
EXPENSES
Cost of Sales
$ 2,357,500
Inventory Cost Adjustment
(1,054,568)
Wages & Benefits
818,164
Supplies
154,500
Services & Charges
170,350
Freight
153,000
Miscellaneous Expenses
13,500
Depreciation Expense
142,600
Capital Outlay
250,000
Transfers -Out
110,000
TOTAL EXPENSES
$ 3,115,046
Adopted by the City Council this 23rd day of December 2014
Steve W. Cook
Mayor
ATTESTED:
Marc Sebora
Interim City Administrator
REVENUES:
Sales - Bagged Product
Sales - Bulk Product
Sales - Other
Total Sales
Charges for Services
Investment Earnings
Reimbursements
Other Revenues
TOTAL REVENUES
EXPENDITURES:
Cost of Sales
Inventory Cost Adjustment
Wages & Benefits
Supplies
Services & Charges
Freight
Miscellaneous Expenses
Depreciation Expense
Capital Outlay
Transfers -Out
TOTAL EXPENDITURES
NET REVENUE / (LOSS)
True Net Income / (Loss)
Net Cash Flow
Gross Margin
Compost Fund Budget
Actual Budget Forecast Budget
2013 2014 2014 2015
2015 BUD vs 2014 FC
Amount %
Comment
2,335,968
2,288,300
2,513,332
2,497,000
(16,332)
-0.6%
Production level assumed similar to 2014 Forecast at
(1,225,745)
(972,802)
(1,042,743)
(1,054,000)
(11,257)
1.1%
2.42M bags
245,284
175,000
274,185
187,160
(87,025)
-31.7%
allocated to Inventory as a Cost of producing the
97,278
45,550
135,008
45,000
(90,008)
-66.7%
finished product that is Sold.
2,678,531
2,508,850
2,922,525
2,729,160
(193,365)
-6.6%
Pay grade increase for A. Kosek; 100% of J. Vacek's
161,252
133,500
121,751
58,500
(63,251)
-52.0%
Tip fee revenue. St. Cloud $38K; Wacona $7K;
Miscellaneous $1 K ($75K from Ramsey lost)
(7,313)
5,000
5,000
5,000
0
0.0%
Fuel $85K; Equipment R&M Parts $50K
3,512
1,000
244
1,000
756
309.9%
Contract R&M $50K; Utilities $30K; Insur. $15K
-
-
440
-
(440)
0.0%
Freight cost for incoming raw material
2,835,981
2,648,350
3,049,959
2,793,660
(256,299)
-8.4%
2,060,770
1,947,380
2,304,067
2,357,500
53,433
2.3%
Bagged $2.047M; Bulk $117K; Other $193.5K
(1,225,745)
(972,802)
(1,042,743)
(1,054,000)
(11,257)
1.1%
Portion of current year's operating expenses that is
allocated to Inventory as a Cost of producing the
finished product that is Sold.
792,802
780,684
750,363
818,096
67,733
9.0%
Pay grade increase for A. Kosek; 100% of J. Vacek's
time for cost accounting. Prior budgets had Vacek
25% in Refuse.
195,635
134,500
154,746
154,500
(246)
-0.2%
Fuel $85K; Equipment R&M Parts $50K
207,551
151,555
154,121
170,350
16,229
10.5%
Contract R&M $50K; Utilities $30K; Insur. $15K
263,222
180,000
210,413
153,000
(57,413)
-27.3%
Freight cost for incoming raw material
11,697
13,000
7,487
13,500
6,013
80.3%
142,385
140,500
136,300
142,600
6,300
4.6%
-
157,888
140,780
250,000
109,220
77.6%
Allowance - need to prioritize critical needs
90,775
102,847
102,847
110,000
7,153
7.0%
Transfer to General fund
2,539,091
2,635,552
2,918,380
3,115,546
197,166
6.8%
296,890
12,798
131,579
(321,886)
(453,465)
170,686 272,359 (71,886)
153,298 267,879 (179,286)
22% 21% 14%
CITY OF HUTCHINSON
RESOLUTION NO. 14372
CITY OF HUTCHINSON, MINNESOTA
SETTING 2015 FINAL TAX LEVY
FOR
SPECIAL TAXING DISTRICT
HUTCHINSON REDEVELOPMENT AUTHORITY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
THAT the City of Hutchinson hereby establishes a special taxing district
for the purpose of Hutchinson Housing Redevelopment Authority
(Hutchinson HRA) and the financing of such district as authorized under
Minn. Stat. 469.033
WHEREAS the Minn Stat 469.033 authorizes a levy to be set for an HRA special tax of
.000185 times estimated market value of the city.
AND for 2015 the authorization yields: .000185 x $840,826,100 = $155,553; the HRA
Board requests for 2015 a levy of $155,553.
THAT the City of Hutchinson hereby establishes a final tax levy for the
above named special taxing district of:
$155,553
Adopted by the City Council this 23rd day of December 2014.
Steve W. Cook
Mayor
ATTESTED:
Marc Sebora
Interim City Administrator
CITY OF HUTCHINSON
RESOLUTION NO. 14373
CITY OF HUTCHINSON, MINNESOTA
SETTING 2015 FINAL TAX LEVY
FOR
SPECIAL TAXING DISTRICT
HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
WHEREAS the City of Hutchinson hereby establishes a special taxing district
for the purpose of Hutchinson Economic Development Authority
(Hutchinson EDA) and the financing of such district as authorized under
Minn. Stat. 469.107
WHEREAS the Minn Stat 469.107 authorizes a levy to be set for an EDA special tax of
.0001813 times estimated market value of the city.
AND for 2015 the authorization yields- .0001813 x $840,826,100 = $152,442; the EDA
Board requests for 2015 a levy of $152,442.
THAT the City of Hutchinson hereby establishes a final tax levy for the
above named special taxing district of:
$152,442
Adopted by the City Council this 23rd day of December 2014.
Steve W. Cook
Mayor
ATTESTED:
Marc Sebora
Interim City Administrator
CITY OF HUTCHINSON
RESOLUTION NO. 14374
RESOLUTION ADOPTING THE GENERAL FUND BUDGET FOR FISCAL YEAR 2015
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
THAT the annual General Fund budget of the City of Hutchinson for fiscal year 2015
which has been submitted by the City Administrator and approved by the City Council is
hereby Adopted; the total of said budget and the major division thereof being as follows:
REVENUES AVAILABLE
CURRENT REVENUES
Taxes
Other Taxes
Licenses & Permits
Intergovernmental Revenue
Charges for Services
Fines & Forfeitures
Miscellaneous Revenues
Transfers from Other Funds
Fund Balance
TOTAL REVENUES
REQUIREMENT
APPROPRIATIONS
Wages & Benefits
Supplies
Services & Charges
Miscellaneous Expenses
Transfers to Other Funds
TOTAL APPROPRIATIONS
Adopted by the City Council this 23rd day of December 2014.
ATTESTED:
Marc Sebora
Interim City Administrator
GENERALFUND
$ 4,491,446
257,500
267,900
1,225,766
2,031,070
55,000
666,225
2,160, 537
25,000
$ 11,180,444
$ 7,491,996
782,636
2,310,846
498,116
96,850
$ 11,180,444
Steven W. Cook
Mayor
General Fund Budget
Actual
Budget
2015 Budget
2014 / 2015 Change
2013
2014
TNT Meeting
Proprosed
Amount
%
Comment
REVENUES:
Taxes
4,493,128
4,491,446
4,491,446
4,491,446
-
0.0%
No levy increase
Other Taxes
168,940
245,000
257,500
257,500
12,500
5.1%
Licenses & Permits
278,629
240,000
266,400
267,900
27,900
11.6%
Intergovernmental Revenue
1,167,586
1,094,270
1,225,766
1,225,766
131,496
12.0%
LGA increase of $103K to a total of $825K
Charges for Services
2,095,649
2,045,923
2,031,070
2,031,070
(14,853)
-0.79/6
Engineering fees for Project Administration were
reduced by 50% ($34K); Passport application
revenue eliminated $15K.
Fines & Forfeitures
60,012
50,000
55,000
55,000
5,000
10.0%
Miscellaneous Revenues
427,562
646,500
666,225
666,225
19,725
3.1%
Transfers -In
2,167,013
2,066,653
2,160,537
2,160,537
93,884
4.5%
HUC Transfer issue / Self Insurance +$36K
Fund Balance
-
-
25,000
25,000
25,000
100.0%
Reserves used to fund tree disease mitigation
TOTAL REVENUES
10,858,519
10,879,792
11,178,944
11,180,444
300,652
2.8%
EXPENDITURES:
Wages & Benefits
7,152,195
7,009,709
7,491,996
7,491,996
482,287
6.9%
Add Finance Director position +$126K (1.8%)
Health Premiums +8.5%; HSA +$36K
The 2014 budget did not backfill the early retiree
positions until mid -year, which makes the 2015
percent increase look larger than it really is.
Supplies
738,359
781,887
782,636
782,636
749
0.1%
Services & Charges
2,375,581
2,262,536
2,309,346
2,310,846
48,310
2.1%
Tree disease mitigation +$25K
Miscellaneous Expenses
495,354
533,068
498,116
498,116
(34,952)
-6.6%
ATM Expense offsetting Revenue in 2015
Transfers -Out
93,236
96,000
96,850
96,850
850
0.9%
City funding of HATS facility operating exp.
Capital Outlay
6,304
-
-
-
0.0%
TOTAL EXPENDITURES
10,861,029
10,683,200
11,178,944
11,180,444
497,244
4.7%
NET REVENUE / (LOSS)
(2,509)
196,592
-
-
(196,592)
CITY OF HUTCHINSON
RESOLUTION NO. 14375
2015 FINAL TAX LEVY FOR CITY OF HUTCHINSON, MINNESOTA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
THAT A NET tax levy for the City of Hutchinson for 2015 is hereby set in the amount
of: $6,656,639.
The detail for this levy is as follows:
I I AT1'/_ 11'T•1Riv
General Fund $ 4,479,446
Improvement Bonds
2003
149,600
2004
301,324
2005
395,466
2006
339,646
2007
41,031
2008
129,322
2009
57,400
2010
81,472
2011
140,424
2012
266,567
2013
143,961
2014
130,981
Levy Reduction (Debt Management Plan)
-
Total Improvement Bonds
$ 2,177,193
TOTAL TAX LEVY $ 6,656,639
Adopted by the City Council this 23rd day of December 2014.
Steve W. Cook
Mayor
ATTESTED:
Marc Sebora
Interim City Administrator
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: 5 Year Capital Improvement Plan (CIP Plan)
Department: Finance
LICENSE SECTION
Meeting Date: 12/23/2014
Application Complete N/A
Contact: Andy Reid
Agenda Item Type:
Presenter:
Reviewed by Staff ❑
New Business
Time Requested (Minutes): 5
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
Attached are the Department and Funding Source reports reflecting the 5-year (2015— 2019) Capital Improvement
Plan (CIP). The entire document, consisting of several reports and details of each project, will be placed on the City
website upon approval by City Council. The 5-year Capital Improvement Plan serves as a guide that lays out on-going
capital expenditures over the next 5 years and the potential funding sources for those expenditures. The CIP plan is
meant as a guide for Council and Management but does not give authorization for the projects until formally approved
based on purchasing authorization thresholds.
The attached documents are comprised of (1) Department Summary and Department Detail reports and (2) Summary
and Detail Funding reports. The Department reports simply show potential projects within the department requesting
the project. The funding reports detail the funding sources currently being proposed for the potential projects. There
may be several funding sources for a project, depending on available grants, bonding, assessments, etc.
The 5-year CIP plan is a fluid document that gets updated on an annual basis. Some projects get pushed back to later
years, some projects drop off and some projects move up years depending on priorities. Ultimately, the funding of
potential projects is a major factor in determining which projects within the 5-year CIP plan get completed. In addition,
the Facilities Committee, Fleet Committee and Resource Allocation Committee are instrumental in continually shaping
the priorities of several major components of the 5-year CIP.
If there are any questions ahead of time or the council would like to see further details of the 5-year CIP plan please
let me know.
BOARD ACTION REQUESTED:
Approve and adopt the five-year capital improvement plan.
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
5 -YEAR CAPITAL IMPROVEMENT PLAN
2015-2019
Draft 12/23/2014
-1-
CITY OF HUTCHINSON - CAPITAL PLAN
Administrative Summary
VISIONS AND GOALS
Each year, as part of the annual budgeting process, the City of Hutchinson prepares a five-year
Capital Improvement Plan (CIP) that includes the following years' capital budget. The CIP
identifies projects that will support existing and projected needs in the following areas:
transportation, parks & recreation and public safety, etc. It is based upon numerous long range
planning documents that are updated regularly as identified by the Facilities Committee, Fleet
Committee, Resource Allocation Committee and City staff. The CIP prioritizes the use of limited
resources that are available for capital items by identifying which projects will be funded, how
they will be paid for and when they will be purchased. It establishes a comprehensive
development program that is used to maximize outside revenue sources and effectively plan for
the growth and maintenance of the City's infrastructure.
POLICIES
Criteria identified for inclusion of capital items in the CIP plan are as follows:
1) Capital Item must have a minimum cost of $10,000
2) Project must define year proposed
3) Funding source should be identified
4) Detail should include annual operating costs or savings for proposed capital item
5) Department priority should be established
6) Must have a life greater than one year
The plan encompasses projects using the following priority levels:
Priority 1: (Urgent) Projects currently underway or those that are considered essential to the
departments of City operations, and should not be delayed beyond the year requested. Failure to fund
these projects will seriously jeopardize City's ability to provide service to the residents and/or expose the
City to a potential liability and negative legal exposure.
Priority 2: (Very Important) Projects that are needed by a department or the City to improve or
maintain their operations, and to delay would cause deterioration or further deterioration of their current
operation and/or level of service to the residents of the City. These should not be delayed beyond the
year requested.
Priority 3: (Important) Projects that are needed by a department or the City to improve or maintain
their operations, and should be done as soon as funds can reasonably be made available.
Priority 4: (Less Important) Projects, which are desirable, but needing further study.
Priority 5: (Future Consideration) Projects, which sometime in the future will need to be funded to
maintain operations, safety or infrastructure desired within the community.
-2-
CIP PROCESS
1) Finance distributes CIP forms and the prior year's data to departments for updating. Any
new capital items should be requested at this time.
2) Departments add, remove and update CIP data from the prior year's report.
3) Finance updates the CIP database with current years' information.
4) Initial draft is reviewed with Department directors; corrections or adjustments are made.
5) Final CIP plan is reviewed and adopted by City council.
PROCESSCALENDAR
March/April - Departments work on updating CIP Plan. Any new capital items should be
requested at this time. The Facilities, Fleet and Resource Allocation Committees begin meeting
to review and prioritize potential improvement projects submitted by Departments.
May/June - Departments return updated CIP items. The Facilities and Fleet Committees submit
a recommended five year plan to the City Administrator. An initial CIP draft is reviewed with
Department directors and corrections or adjustments are made. Current year CIP items are
incorporated into the early stages of the budgeting process during this time frame.
December 31st - Final CIP plan is adopted by City council prior to year-end.
-3-
City of Hutchinson, MN
CITY OF HUTCHINSON - CAPITAL PLAN
2015 thm 2019
DEPARTMENT SUMMARY
Department 2015 2016 2017 2018 2019 Total
Airport
2,232,650
1,300,000
750,000
1,400,000
3,000,000
8,682,650
Cemetery
10,000
10,000
10,000
10,000
91,955
131,955
Civic Arena
481,400
170,000
680,000
500,000
1,831,400
Compost
504,785
392,500
593,000
309,227
180,000
1,979,512
Engineering
60,804
60,804
Fire
150,000
440,000
29,000
104,000
723,000
Information Technology
24,586
24,586
Infrastructure Improvements
4,582,610
5,772,040
5,216,650
4,397,880
4,830,580
24,799,760
Liquor Fund
27,000
27,000
Parks
271,131
580,000
51,000
92,000
86,000
1,080,731
Police
107,000
177,080
38,192
98,333
81,036
507,647
Pool & Recreation Building
75,000
250,000
640,000
965,000
Public Works
31,976
31,976
Refuse
159,418
156,078
145,374
85,000
91,500
637,370
Storm Water
20,000
20,000
20,000
307,095
68,500
435,595
Streets
65,000
685,150
398,814
192,476
535,672
1,877,772
Wastewater
1,537,500
162,000
50,428
270,000
11,013
2,030,947
Water
650,000
672,500
211,300
160,000
500,000
2,793,800
TOTAL 10,796,494
10,561,934
6,266,756
6,103,967
10,261,060
48014,233
City of Hutchinson, MN
CITY OF HUTCHINSON - CAPITAL PLAN
2015 thru 2019
PROJECTS BY DEPARTMENT
Department Project# Priority 2015 2016 2017 2018 2019 Total
Airport
Runway, taxiway, apron Rehabilitation
AIR -1401
2
1,832,650
1,832,650
Safety Area Grading
AIR -1402
3
400,000
400,000
T -Hangar Site Preparation
AIR -1601
3
300,000
300,000
T -Hangar Construction
AIR -1602
3
1,000,000
1,000,000
Environmental Assessment for Crosswind Runway
AIR -1701
3
150,000
150,000
Snow Removal Equipment Building
AIR -1702
3
600,000
600,000
Land Acquisition for Crosswind Runway
AIR -1801
3
1,200,000
1,200,000
Engineering/Design for Crosswind Runway
AIR -1802
3
200,000
200,000
Construct Crosswind Runway
AIR -1901
3
3,000,000
3,000,000
Airport Total
2,232,650
1,300,000
750,000
1,400,000
3,000,000
8,682,650
Cemeter
Cemetery Fencing/Roadway
CEM -01
3
10,000
10,000
10,000
10,000
10,000
50,000
Tractor/Loader/Backhoe
CEM -1701
3
81,955
81,955
Cemetery Total
10,000
10,000
10,000
10,000
91,955
131,955
Civic Arena
Replace Dehumidification Units
CA -1501
2
680,000
680,000
Replace East Rink Roof
CA -1502
1
300,000
300,000
East Rink Insulation Resurface
CA -1504
2
200,000
200,000
Replace East dasher boards
CA -1505
3
170,000
170,000
East Rink Tough Flex Flooring
CA -1506
1
86,400
86,400
West Rink low emissivity ceiling
CA -1507
2
90,000
90,000
East Rink Locker Room Improv
CA -1509
3
80,000
80,000
HVAC system upgrades
CA -1510
2
225,000
225,000
Civic Arena Total
481,400
170,000
680,000
500,000
1,831,400
Compost
Blending line & Pad enclosure
COMP -1501
4
225,000
225,000
3/4 Ton 4X4 pickup ext cab
COMP -1502
3
32,785
32,785
Bituminous Improvements
COMP -1503
3
50,000
50,000
50,000
150,000
Bagging Line Upgrades
COMP -1504
3
32,000
30,000
35,000
97,000
Front End Wheel Loader
COMP -1505
3
165,000
165,000
Portable Go -Bagger
COMP -1601
4
50,000
50,000
Truck, semi -tractor 9300
COMP -1603
3
50,000
50,000
Skidsteer Loader
COMP -1604
3
51,227
51,227
Maintenance Shop Upgrades
COMP -1605
4
62,500
62,500
Blacktop for Bag Storage Site
COMP -1701
5
150,000
150,000
Office Building Upgrades
COMP -1702
5
50,000
50,000
Grinder replacement
COMP -1703
3
400,000
400,000
Mack truck (used)
COMP -1704
4
58,000
58,000
Cold Storage Building
COMP -1801
3
100,000
100,000
Loading Dock
COMP -1802
4
50,000
50,000
Department Project# Priority 2015 2016 2017 2018 2019 Total
Turner - Face Replacement
COMP -1803
3
50,000
50,000
Mack truck (used)
COMP -1804
4
58,000
58,000
Stacking Conveyor (2 used)
COMP -1901
4
100,000
100,000
Walking Floor Trailer
COMP -1902
4
80,000
80,000
Compost Total
504,785
392,500
593,000 309,227
180,000
1,979,512
Engineering
1/2 ton work truck
ENGR-1501
3
29,504
29,504
Car or van
ENGR-1701
3
31,300
31,300
Engineering Total
60,804
60,804
Fire
New Engine/Heavy Rescue
FD -1701
3
150,000
440,000
590,000
New Command Vechicle
FD -1703
3
29,000
29,000
Rescue 8 - 1 ton truck
FD -1901
3
80,000
80,000
Rescue 8 - slide -in skid unit
FD -1902
3
24,000
24,000
Fire Total
150,000
440,000
29,000
104,000
723,000
Information Technology
New Minivan
IT -1501
4
24,586
24,586
Information Technology Total
24,586
24,586
Infrastructure Improvements
Seal Coating
PMP -1207
3
332,750
332,750
665,500
Pavement Management
PMP -1300
2
605,000
605,000
605,000 605,000
605,000
3,025,000
2nd Ave SE Bridge
PMP -1302
3
1,149,500
1,149,500
2nd Ave SE (Main St S to Adams St S)
PMP -1303
2
354,530
354,530
2nd Ave SE (Adams St to Bridge)
PMP -1304
3
573,540
573,540
Century Ave SE (Hwy 15 -Jefferson)
PMP -1501
3
1,000,000
1,000,000
5th Ave SW (Lynn -Main)
PMP -1502
3
448,910
448,910
5th Ave SE (Main -SE bridge)
PMP -1503
3
1,074,480
1,074,480
South Central Trunk Storm Sewer
PMP -1504
3
487,630
400,000
400,000
1,287,630
Golf Course Rd NW (School -North High)
PMP -1505
3
588,000
588,000
Roberts Rd SW (McDonald to School)
PMP -1601
3
693,250
693,250
Washington Ave W (Lynn Rd -Main St)
PMP -1602
3
665,500
665,500
School Rd SW (SGR-Hwy 7)
PMP -1701
3
1,600,400
1,600,400
McDonald Dr SW (Lakewood -School)
PMP -1702
3
816,750
816,750
Linden Ave SW (Dale -Lynn)
PMP -1703
3
484,000
484,000
Hassan St SE/NE (5th Av S to 1 st Av N)
PMP -1704
3
484,000
484,000
Dale St SW (Century -Roberts)
PMP -1801
3
1,001,880
1,001,880
Michigan St SE/NE (5th -Hwy 7)
PMP -1802
3
457,380
457,380
Roberts Rd SW (School -Dale)
PMP -1803
3
486,500
486,500
Shady Ridge Rd NW
PMP -1901
3
635,250
635,250
Hilltop Dr NE
PMP -1902
3
580,800
580,800
Morningside Dr NE
PMP -1903
3
50,820
50,820
Pauls Rd NE
PMP -1904
3
133,100
133,100
Mark Dr NE
PMP -1905
3
123,420
123,420
Garden Rd NE
PMP -1906
3
290,400
290,400
Lindy Ln NE
PMP -1907
3
320,650
320,650
Genes Dr NE
PMP -1908
3
41,140
41,140
Monroe St SE/Adams St E Business Pk
PW -35
3
342,430
342,430
Automated meter reading
UTIL-1503
3
725,000
725,000
Meter replacement program
UTIL-1603
3
150,000
150,000 150,000
150,000
600,000
Department Project# Priority 2015 2016 2017 2018 2019 Total
5th Ave Utilities
UTL-1202
3
400,000 400,000 800,000
Pvmt Mgmt Utilities
UTL-1300
3
400,000 400,000 400,000 400,000 400,000 2,000,000
Century Ave SE Utilities
UTL-1501
3
500,000 500,000
School Rd SW Utilities
UTL-1701
3
400,000 400,000
Dale St Utilities
UTL-1801
3
400,000 400,000
Infrastructure Improvements Total
Liquor Fund
5,772,040
Liquor Store cooler improvements
LIQ -04
Liquor Fund Total
PD -1402
Squad Car #3 replacement
PD -1501
Parks
Roberts Park-backstops/fencing
PARK -1401
VMF-Backstops/dugouts
PARK -1402
1 Ton Truck w/water apparatus
PARK -1501
Parks Garage Parking Lot Improv
PARK -1502
Roberts Park -lighting improvements
PARK -1601
North Park -tennis court improv
PARK -1602
Northwoods-rink improvements
PARK -1603
1/2 Ton 42 pickup
PARK -1604
F350 plow truck & blade
PARK -1801
1/2 Ton 4X2 pickup
PARK -1802
1/2 Ton 4X4 Pickup
PARK -1901
1/2 Ton 4X2 Pickup
PARK -1902
Portable Fences (8)
PARK -1903
Rail Line Purchase Debt (Exp 2020)
PARK -2020
Parks Total
lPolice
5,772,040
Squad car #2 replacement
PD -1401
Squad car #6 replacement
PD -1402
Squad Car #3 replacement
PD -1501
Squad Car #7 replacement
PD -1502
Police Special Response Vehicle
PD -1503
Squad car #5 replacement
PD -1601
Squad car #8 replacement
PD -1602
Replace Minivan
PD -1703
Police/Investigations Camera System
PD -22
Police Total
Pool & Recreation Building
125,000
Pool improvements
PR -1601
Recreation Center Roof
PR -1701
Rec Center/Civic Arena Parking Lot
PR -1702
Pool & Recreation Building Total
50,000
Public Works
HATS Facility Forklift
PW -1801
Public Works Total
Refuse
4,582,610
5,772,040
5,216,650
4,397,880
4,830,580
24,799,760
2 27,000
27,000
27,000
27,000
2
125,000
125,000
1 110,000
110,000
4
50,000
50,000
1 81,131
81,131
1
350,000
350,000
3 50,000
50,000
4
25,000
25,000
3
21,000
21,000
4
40,000
40,000
4
22,000
22,000
4
22,000
22,000
4
22,000
22,000
4
12,000
12,000
3 30,000
30,000
30,000
30,000
30,000
150,000
271,131
580,000
51,000
92,000
86,000
1,080,131
2
39,338
39,338
2
39,338
39,338
2 36,000
40,518
76,518
2 36,000
40,518
76,518
3
140,000
140,000
2
37,080
37,080
2
38,192
38,192
4
19,657
19,657
1 35,000
35,000
107,000
177,080
38,192
98,333
81,036
501,641
1
75,000
75,000
2
250,000
250,000
3
640,000
640,000
75,000
250,000
640,000
965,000
3
31,976
31,976
31,976
31,976
Department
1/2 Ton 4X4 Pickup
Skidsteer Loader
Bi -fold Doors
ECS Control System Upgrade
Tipping Building Tin replacement
Stacking Conveyor
Maintenance Shop Upgrades
Leaf Vacuum
Office Building Upgrades
Airlift Separator for plastics
Truck, TA w/hooklift
Walking Floor Trailer
Refuse Total
Storm Water
Project# Priority 2015 2016 2017 2018 2019 Total
REFS -1501
3
27,318
27,318
REFS -1502
3
48,578
48,578
REFS -1503
2
20,000
20,000
REFS -1504
3
62,100
62,100
REFS -1505
2
50,000
50,000
REFS -1601
3
45,000
45,000
REFS -1605
4
62,500
62,500
REFS -1701
3
45,374
45,374
REFS -1702
4
50,000
50,000
REFS -1703
3
50,000
50,000
REFS -1801
3
85,000
85,000
REFS -1901
3
91,500
91,500
Storm Sewer System Repairs
STWT-02
Leaf Vacuum
STWT-1801
Vac -All Street Sweeper/CB Cleaner
STWT-1802
Leaf Vacuum
STWT-1901
Storm Water Total
WW -1301
1 -Ton truck w/plow
WW -1401
Streets
Vibratory roller
STRT-1302
Heavy snow blower
STRT-1401
Brush chipper
STRT-1402
Snowplow Truck
STRT-1403
Air compressor w/ jackhammer
STRT-1405
1 -ton 44 truck
STRT-1406
1 -ton 44 truck
STRT-1407
Wheel Loader
STRT-1409
Wheel Loader
STRT-1410
Commercial mower
STRT-1502
1 Ton 44 w/ aerial bucket
STRT-1503
1/2 Ton 44 pickup
STRT-1601
Snowplow Truck
STRT-1701
1/2 Ton 44 pickup
STRT-1702
1 -Ton 44 w/flatbed dump
STRT-1703
1 -Ton 44 w/flatbed dump
STRT-1704
1 -Ton w/service body & crane
STRT-1705
1 -Ton 44 pickup
STRT-1706
Wheel loader w/ attach
STRT-1801
Tandem -axle Dump Truck
STRT-1802
Streets Total
Wastewater
Harmony Ln Lift Station
PW -65
WWTF MBR Membranes
PW -70
Tractor Mower
WW -1101
UV Bulb Replacements -Bank B
WW -1202
UV Bulb Replacements -Bank A
WW -1301
1 -Ton truck w/plow
WW -1401
Pumps & Generators
WW -1402
Boiler Replacement
WW -1404
Solar PV Installation
WW -1501
159,418
156,078
145,374
85,000
91,500
637,370
3 20,000
20,000
20,000
20,000
20,000
100,000
3
48,500
48,500
3
238,595
238,595
3
48,500
48,500
20,000
20,000
20,000
307,095
68,500
435,595
3 35,000
35,000
2
230,150
230,150
4
36,282
36,282
3
226,000
226,000
4
10,927
10,927
3
51,655
51,655
3
44,558
44,558
3
183,000
183,000
3
199,407
199,407
3 30,000
30,000
3
46,000
46,000
3
30,389
30,389
3
226,058
226,058
3
31,300
31,300
4
48,690
48,690
3
48,690
48,690
4
55,645
55,645
3
39,415
39,415
3
199,407
199,407
3
104,539
104,539
65,000
685,150
398,814
192,476
535,672
1,877,112
4
40,000
40,000
3
250,000
250,000
1
20,000
20,000
3 10,000
10,000
3
10,000
10,000
2
39,415
39,415
2
16,000
16,000
3
70,000
70,000
3 1,500,000
1,500,000
Department Project# Priority 2015 2016 2017 2018 2019 Total
Car or van
WW -1502
3
26,000
26,000
Pavement repair & maintenance
WW -1602
3
27,500
27,500
Utility vehicle - Gator
WW -1701
4
11,013
11,013
Utility vehicle - Bobcat
WW -1702
4
11,013
11,013
Wastewater Total
1,537,500
162,000
50,428
270,000
11,013
2,030,941
Water
Commercial mower, snow blower
W-1102
3
10,000
10,000
Automated Meter Reading
W-1103
2
650,000
650,000
Garage roof replacement
W-1301
3
10,000
10,000
Toolcat Loader
W-1303
3
45,000
45,000
Water Tower Rehab -Golf Course
W-1401
3
450,000
450,000
Pavement repairs & maintenance
W-1402
3
27,500
27,500
Meter Replacement Program
W-1601
3
150,000
150,000
150,000
150,000
600,000
1/2 Ton 44 pickup
W-1701
3
31,300
31,300
Roof & building repairs
W-1702
3
20,000
20,000
Well Replacement
W-1801
3
350,000
350,000
Water Total
650,000
672,500
211,300
160,000
500,000
2,193,800
GRAND TOTAL
10,798,494
10,561,934
8,268,758
8,103,987
10,281,060
48,014,233
City of Hutchinson, MN
CITY OF HUTCHINSON - CAPITAL PLAN
2015 thm 2019
FUNDING SOURCE SUMMARY
Source 2015 2016 2017 2018 2019 Total
Airport Construction Fund
246,415
15,000
15,000
15,000
15,000
306,415
Assessments
682,000
1,115,700
1,119,000
796,616
838,674
4,551,990
Capital Projects - Facilities Plan
757,531
670,000
755,000
750,000
640,000
3,572,537
Capital Projects Fund
30,000
497,750
90,000
487,750
315,000
1,420,500
Cash
31,976
31,976
Cash - Liquor Fund
27,000
27,000
Compost Fund
504,785
392,500
593,000
296,727
180,000
1,967,012
Equipment Replacement Fund
212,000
1,156,816
487,006
352,809
855,467
3,064,098
G. O. Improvement Bonds
1,687,980
2,073,590
1,847,650
1,953,514
1,941,906
9,504,640
General Fund
12,000
72,000
Grants -Federal
1,969,895
150,000
875,000
1,360,000
3,200,000
7,554,895
Grants - Other
950,000
950,000
Grants - State
16,340
1,000,000
665,000
1,681,340
Municipal State Aid
600,000
500,000
700,000
500,000
2,300,000
Perpetual Care Fund
10,000
10,000
10,000
10,000
10,000
50,000
Refuse Funding
159,418
156,078
145,374
97,500
91,500
649,870
Rural Fire Depart. Fund
75,000
220,000
52,000
347,000
Storm Water Utility
207,630
620,000
620,000
407,095
168,500
2,023,225
Wastewater Fund
1,105,000
698,250
350,428
420,000
411,013
2,984,697
Water Fund
1,557,500
1,286,250
661,300
460,000
1,050,000
5,015,050
GRAND TOTAL
10,798,494
10,561,934
8,268,758
8,103,987
10,281,060
48,014,233
City of Hutchinson, MN
CITY OF HUTCHINSON - CAPITAL PLAN
2015 thm 2019
PROJECTS BY FUNDING SOURCE
Source Project# Priority 2015 2016 2017 2018 2019 Total
Airport Construction Fund 1
Runway, taxiway, apron Rehabilitation
AIR -1401
2
206,415
206,415
Safety Area Grading
AIR -1402
3
40,000
40,000
T -Hangar Site Preparation
AIR -1601
3
15,000
15,000
Environmental Assessment for Crosswind Runway
AIR -1701
3
15,000
15,000
Engineering/Design for Crosswind Runway
AIR -1802
3
15,000
15,000
Construct Crosswind Runway
AIR -1901
3
15,000
15,000
Airport Construction Fund Total
246,415
15,000
15,000
15,000
15,000
306,415
Assessments
Pavement Management
PMP -1300
2
186,000
186,000
186,000
186,000
186,000
930,000
2nd Ave SE (Main St S to Adams St S)
PMP -1303
2
44,000
44,000
2nd Ave SE (Adams St to Bridge)
PMP -1304
3
172,000
172,000
5th Ave SW (Lynn -Main)
PMP -1502
3
130,000
130,000
5th Ave SE (Main -SE bridge)
PMP -1503
3
320,000
320,000
Golf Course Rd NW (School -North High)
PMP -1505
3
150,000
150,000
Roberts Rd SW (McDonald to School)
PMP -1601
3
175,000
175,000
Washington Ave W (Lynn Rd -Main St)
PMP -1602
3
199,000
199,000
School Rd SW (SGR-Hwy 7)
PMP -1701
3
460,000
460,000
McDonald Dr SW (Lakewood -School)
PMP -1702
3
295,000
295,000
Linden Ave SW (Dale -Lynn)
PMP -1703
3
149,000
149,000
Hassan St SE/NE (5th Av S to 1st Av N)
PMP -1704
3
149,000
149,000
Dale St SW (Century -Roberts)
PMP -1801
3
308,000
308,000
Michigan St SE/NE (5th -Hwy 7)
PMP -1802
3
140,616
140,616
Roberts Rd SW (School -Dale)
PMP -1803
3
175,000
175,000
Shady Ridge Rd NW
PMP -1901
3
190,575
190,575
Hilltop Dr NE
PMP -1902
3
174,240
174,240
Morningside Dr NE
PMP -1903
3
15,246
15,246
Pauls Rd NE
PMP -1904
3
39,930
39,930
Mark Dr NE
PMP -1905
3
37,026
37,026
Garden Rd NE
PMP -1906
3
87,120
87,120
Lindy Ln NE
PMP -1907
3
96,195
96,195
Genes Dr NE
PMP -1908
3
12,342
12,342
Monroe St SE/Adams St E Business Pk
PW -35
3
102,700
102,700
Assessments Total
682,000
1,115,700
1,119,000
796,616
838,674
4,551,990
Capital Projects - Facilities Pla�
Replace Dehumidification Units
CA -1501
2
680,000
680,000
Replace East Rink Roof
CA -1502
1
300,000
300,000
East Rink Insulation Resurface
CA -1504
2
200,000
200,000
Replace East dasher boards
CA -1505
3
170,000
170,000
East Rink Tough Flex Flooring
CA -1506
1
86,400
86,400
Source Project# Priority
2015
2016
2017
2018
2019
Total
West Rink low emissivity ceiling
CA -1507
2 90,000
90,000
East Rink Locker Room Improv
CA -1509
3 80,000
80,000
HVAC system upgrades
CA -1510
2 225,000
225,000
Roberts Park-backstops/fencing
PARK -1401
2
125,000
125,000
VMF-Backstops/dugouts
PARK -1402
1 110,000
110,000
Parks Garage Parking Lot Improv
PARK -1502
1 81,131
81,131
Roberts Park -lighting improvements
PARK -1601
1
350,000
350,000
North Park -tennis court improv
PARK -1602
3 50,000
50,000
Northwoods-rink improvements
PARK -1603
4
25,000
25,000
Police/Investigations Camera System
PD -22
1 35,000
35,000
Pool improvements
PR -1601
1
75,000
75,000
Recreation Center Roof
PR -1701
2
250,000
250,000
Rec Center/Civic Arena Parking Lot
PR -1702
3
640,000
640,000
Capital Projects - Facilities Plan Total
757,531
670,000
755,000
750,000
640,000
3,572,531
Capital Projects Fund
T -Hangar Site Preparation
AIR -1601
3
135,000
135,000
Snow Removal Equipment Building
AIR -1702
3
60,000
60,000
Land Acquisition for Crosswind Runway
AIR -1801
3
120,000
120,000
Engineering/Design for Crosswind Runway
AIR -1802
3
5,000
5,000
Construct Crosswind Runway
AIR -1901
3
285,000
285,000
Rail Line Purchase Debt (Exp 2020)
PARK -2020
3 30,000
30,000
30,000
30,000
30,000
150,000
Seal Coating
PMP -1207
3
332,750
332,750
665,500
Capital Projects Fund Total
30,000
497,750
90,000
487,750
315,000
1,420,500
Cash
HATS Facility Forklift
PW -1801
3
31,976
31,976
Cash Total
31,976
31,976
Cash - Liquor Fund
Liquor Store cooler improvements
LIQ -04
2 27,000
27,000
Cash -Liquor Fund Total
27,000
27,000
Compost Fund
Blending line & Pad enclosure
COMP -1501
4 225,000
225,000
3/4 Ton 4X4 pickup ext cab
COMP -1502
3 32,785
32,785
Bituminous Improvements
COMP -1503
3 50,000
50,000
50,000
150,000
Bagging Line Upgrades
COMP -1504
3 32,000
30,000
35,000
97,000
Front End Wheel Loader
COMP -1505
3 165,000
165,000
Portable Go -Bagger
COMP -1601
4
50,000
50,000
Truck, semi -tractor 9300
COMP -1603
3
50,000
50,000
Skidsteer Loader
COMP -1604
3
51,227
51,227
Maintenance Shop Upgrades
COMP -1605
4
62,500
62,500
Blacktop for Bag Storage Site
COMP -1701
5
150,000
150,000
Office Building Upgrades
COMP -1702
5
50,000
50,000
Grinder replacement
COMP -1703
3
400,000
400,000
Mack truck (used)
COMP -1704
4
58,000
58,000
Cold Storage Building
COMP -1801
3
100,000
100,000
Loading Dock
COMP -1802
4
50,000
50,000
Source Project# Priority
Turner- Face Replacement
COMP -1803 3
Mack truck (used)
COMP -1804 4
Stacking Conveyor (2 used)
COMP -1901 4
Walking Floor Trailer
COMP -1902 4
Compost Fund Total
100,000
100,000
Equipment Replacement Fund
Tractor/Loader/Backhoe
CEM -1701 3
1/2 ton work truck
ENGR-1501 3
Car or van
ENGR-1701 3
New Engine/Heavy Rescue
FD -1701 3
New Command Vechicle
FD -1703 3
Rescue 8 - 1 ton truck
FD -1901 3
Rescue 8 - slide -in skid unit
FD -1902 3
New Minivan
IT -1501 4
1 Ton Truck w/water apparatus
PARK -1501 4
1/2 Ton 42 pickup
PARK -1604 3
F350 plow truck & blade
PARK -1801 4
1/2 Ton 4X2 pickup
PARK -1802 4
1/2 Ton 4X4 Pickup
PARK -1901 4
1/2 Ton 4X2 Pickup
PARK -1902 4
Squad car #2 replacement
PD -1401 2
Squad car #6 replacement
PD -1402 2
Squad Car #3 replacement
PD -1501 2
Squad Car #7 replacement
PD -1502 2
Police Special Response Vehicle
PD -1503 3
Squad car #5 replacement
PD -1601 2
Squad car #8 replacement
PD -1602 2
Replace Minivan
PD -1703 4
Vibratory roller
STRT-1302 3
Heavy snow blower
STRT-1401 2
Brush chipper
STRT-1402 4
Snowplow Truck
STRT-1403 3
Air compressor w/ jackhammer
STRT-1405 4
1 -ton 44 truck
STRT-1406 3
1 -ton 44 truck
STRT-1407 3
Wheel Loader
STRT-1409 3
Wheel Loader
STRT-1410 3
Commercial mower
STRT-1502 3
1 Ton 44 w/ aerial bucket
STRT-1503 3
1/2 Ton 44 pickup
STRT-1601 3
Snowplow Truck
STRT-1701 3
1/2 Ton 44 pickup
STRT-1702 3
1 -Ton 44 w/flatbed dump
STRT-1703 4
1 -Ton 44 w/flatbed dump
STRT-1704 3
1 -Ton w/service body & crane
STRT-1705 4
1 -Ton 44 pickup
STRT-1706 3
Wheel loader w/ attach
STRT-1801 3
Tandem -axle Dump Truck
STRT-1802 3
Equipment Replacement Fund Total
40,518
G. O. Improvement Bonds
2015 2016 2017 2018
2019
Total
37,500
81,955
37,500
58,000
58,000
100,000
100,000
80,000
80,000
504,785 392,500 593,000 296,727
180,000
1,967,012
81,955
81,955
29,504
29,504
31,300
31,300
75,000
220,000
295,000
29,000
29,000
40,000
40,000
12,000
12,000
24,586
24,586
50,000
50,000
21,000
21,000
40,000
40,000
22,000
22,000
22,000
22,000
22,000
22,000
39,338
39,338
39,338
39,338
36,000
40,518
76,518
36,000
40,518
76,518
140,000
140,000
37,080
37,080
38,192
38,192
19,657
19,657
35,000
35,000
230,150
230,150
36,282
36,282
226,000
226,000
10,927
10,927
51,655
51,655
44,558
44,558
183,000
183,000
199,407
199,407
30,000
30,000
46,000
46,000
30,389
30,389
226,058
226,058
31,300
31,300
48,690
48,690
48,690
48,690
55,645
55,645
39,415
39,415
199,407
199,407
104,539
104,539
212,000
1,156,816
487,006
352,809
855,467
3,064,098
Source Project# Priority 2015 2016 2017 2018 2019 Total
Pavement Management
PMP -1300
2
419,000
419,000 419,000
419,000
419,000
2,095,000
2nd Ave SE Bridge
PMP -1302
3
484,500
484,500
2nd Ave SE (Main St S to Adams St S)
PMP -1303
2
10,530
10,530
2nd Ave SE (Adams St to Bridge)
PMP -1304
3
101,540
101,540
5th Ave SW (Lynn -Main)
PMP -1502
3
318,910
318,910
5th Ave SE (Main -SE bridge)
PMP -1503
3
754,480
754,480
South Central Trunk Storm Sewer
PMP -1504
3
400,000
400,000
Golf Course Rd NW (School -North High)
PMP -1505
3
438,000
438,000
Roberts Rd SW (McDonald to School)
PMP -1601
3
418,250
418,250
Washington Ave W (Lynn Rd -Main St)
PMP -1602
3
466,500
466,500
School Rd SW (SGR-Hwy 7)
PMP -1701
3
340,400
340,400
McDonald Dr SW (Lakewood -School)
PMP -1702
3
421,750
421,750
Linden Ave SW (Dale -Lynn)
PMP -1703
3
335,000
335,000
Hassan St SE/NE (5th Av S to 1st Av N)
PMP -1704
3
335,000
335,000
Dale St SW (Century -Roberts)
PMP -1801
3
193,880
193,880
Michigan St SE/NE (5th -Hwy 7)
PMP -1802
3
316,764
316,764
Roberts Rd SW (School -Dale)
PMP -1803
3
311,500
311,500
Shady Ridge Rd NW
PMP -1901
3
444,675
444,675
Hilltop Dr NE
PMP -1902
3
406,560
406,560
Morningside Dr NE
PMP -1903
3
35,574
35,574
Pauls Rd NE
PMP -1904
3
93,170
93,170
Mark Dr NE
PMP -1905
3
86,394
86,394
Garden Rd NE
PMP -1906
3
203,280
203,280
Lindy Ln NE
PMP -1907
3
224,455
224,455
Genes Dr NE
PMP -1908
3
28,798
28,798
Monroe St SE/Adams St E Business Pk
PW -35
3
239,730
239,730
G. O. Improvement Bonds Total
1,687,980
2,073,590 1,847,650
1,953,514
1,941,906
9,504,640
General Fund
Portable Fences (8)
PARK -1903
4
12,000
12,000
General Fund Total
12,000
12,000
Grants - Federal
Runway, taxiway, apron Rehabilitation
AIR -1401
2
1,609,895
1,609,895
Safety Area Grading
AIR -1402
3
360,000
360,000
T -Hangar Site Preparation
AIR -1601
3
150,000
150,000
Environmental Assessment for Crosswind Runway
AIR -1701
3
135,000
135,000
Snow Removal Equipment Building
AIR -1702
3
540,000
540,000
Land Acquisition for Crosswind Runway
AIR -1801
3
1,080,000
1,080,000
Engineering/Design for Crosswind Runway
AIR -1802
3
180,000
180,000
Construct Crosswind Runway
AIR -1901
3
2,700,000
2,700,000
Century Ave SE (Hwy 15 -Jefferson)
PMP -1501
3
500,000
500,000
Roberts Rd SW (McDonald to School)
PMP -1601
3
100,000
100,000
School Rd SW (SGR-Hwy 7)
PMP -1701
3
100,000
100,000
McDonald Dr SW (Lakewood -School)
PMP -1702
3
100,000
100,000
Grants - Federal Total 1,969,895 150,000 875,000 1,360,000 3,200,000 7,554,895
Grants - Other
Solar PV Installation WW -1501 3 950,000 950,000
Source Project# Priority
Grants - Other Total
Grants - State
Runway, taxiway, apron Rehabilitation
AIR -1401
T -Hangar Construction
AIR -1602
2nd Ave SE Bridge
PMP -1302
Grants - State Total
27,318
3
1,000,000
Municipal State Aid
2nd Ave SE (Main St S to Adams St S)
PMP -1303
2nd Ave SE (Adams St to Bridge)
PMP -1304
Century Ave SE (Hwy 15 -Jefferson)
PMP -1501
School Rd SW (SGR-Hwy 7)
PMP -1701
Dale St SW (Century -Roberts)
PMP -1801
Municipal State Aid Total
2 300,000
2 50,000
Perpetual Care Fund
Cemetery Fencing/Roadway
CEM -01
Perpetual Care Fund Total
45,000
Refuse Funding
Turner- Face Replacement
COMP -1803
1/2 Ton 4X4 Pickup
REFS -1501
Skidsteer Loader
REFS -1502
Bi -fold Doors
REFS -1503
ECS Control System Upgrade
REFS -1504
Tipping Building Tin replacement
REFS -1505
Stacking Conveyor
REFS -1601
Maintenance Shop Upgrades
REFS -1605
Leaf Vacuum
REFS -1701
Office Building Upgrades
REFS -1702
Airlift Separator for plastics
REFS -1703
Truck, TA w/hooklift
REFS -1801
Walking Floor Trailer
REFS -1901
Refuse Funding Total
10,000
10,000
10,000
Rural Fire Depart. Fund
New Engine/Heavy Rescue
FD -1701
Rescue 8 - 1 ton truck
FD -1901
Rescue 8 - slide -in skid unit
FD -1902
Rural Fire Depart. Fund Total
295,000
3
Storm Water Utility
South Central Trunk Storm Sewer
PMP -1504
Storm Sewer System Repairs
STWT-02
Leaf Vacuum
STWT-1801
2015 2016 2017 2018 2019 Total
950,000 950,000
2 16,340
12,500
12,500
16,340
3
1,000,000
27,318
3
1,000,000
3
48,578
665,000
665,000
16,340
1,000,000
3 62,100
665,000
1,681,340
2 300,000
2 50,000
300,000
3 300,000
45,000
45,000
300,000
3
62,500
500,000
500,000
3
700,000
4
700,000
3
500,000
3
50,000
500,000
600,000
500,000
700,000
500,000
2,300,000
3 10,000
10,000
10,000
10,000
10,000
50,000
10,000
10,000
10,000
10,000
10,000
50,000
3
12,500
12,500
3 27,318
27,318
3
48,578
48,578
2 20,000
20,000
3 62,100
62,100
2 50,000
50,000
3
45,000
45,000
4
62,500
62,500
3
45,374
45,374
4
50,000
50,000
3
50,000
50,000
3
85,000
85,000
3
91,500
91,500
159,418
156,078
145,374
97,500 91,500
649,870
3 75,000
220,000
295,000
3
40,000
40,000
3
12,000
12,000
75,000
220,000
52,000
347,000
3 87,630 400,000 400,000 887,630
3 20,000 20,000 20,000 20,000 20,000 100,000
3 48,500 48,500
Source Project# Priority 2015 2016 2017 2018 2019 Total
Vac -All Street Sweeper/CB Cleaner
Leaf Vacuum
Pvmt Mgmt Utilities
School Rd SW Utilities
Dale St Utilities
Storm Water Utility Total
Wastewater Fund
STWT-1802 3
STWT-1901 3
UTL-1300 3
UTL-1701 3
UTL-1801 3
Harmony Ln Lift Station
PW -65
WWTF MBR Membranes
PW -70
Automated meter reading
UTIL-1503
5th Ave Utilities
UTL-1202
Pvmt Mgmt Utilities
UTL-1300
Century Ave SE Utilities
UTL-1501
School Rd SW Utilities
UTL-1701
Dale St Utilities
UTL-1801
Toolcat Loader
W-1303
Pavement repairs & maintenance
W-1402
Tractor Mower
WW -1101
UV Bulb Replacements -Bank B
WW -1202
UV Bulb Replacements -Bank A
WW -1301
1 -Ton truck w/plow
WW -1401
Pumps & Generators
WW -1402
Boiler Replacement
WW -1404
Solar PV Installation
WW -1501
Car or van
WW -1502
Pavement repair & maintenance
WW -1602
Utility vehicle - Gator
WW -1701
Utility vehicle - Bobcat
WW -1702
Wastewater Fund Total
150,000
10,000
Water Fund
Automated meter reading
UTIL-1503
Meter replacement program
UTIL-1603
5th Ave Utilities
UTL-1202
Pvmt Mgmt Utilities
UTL-1300
Century Ave SE Utilities
UTL-1501
School Rd SW Utilities
UTL-1701
Dale St Utilities
UTL-1801
Commercial mower, snow blower
W-1102
Automated Meter Reading
W-1103
Garage roof replacement
W-1301
Toolcat Loader
W-1303
Water Tower Rehab -Golf Course
W-1401
Pavement repairs & maintenance
W-1402
Meter Replacement Program
W-1601
1/2 Ton 44 pickup
W-1701
Roof & building repairs
W-1702
Well Replacement
W-1801
Pavement repair & maintenance
WW -1602
Water Fund Total
2
238,595 238,595
48,500 48,500
100,000 100,000 100,000 100,000 100,000 500,000
100,000 100,000
100,000 100,000
207,630
620,000
620,000
407,095
168,500
2,023,225
4
40,000
150,000
150,000
150,000
40,000
3
200,000
250,000
250,000
3 181,250
150,000
150,000
150,000
150,000
181,250
3 200,000
200,000
250,000
400,000
3 150,000
150,000
150,000
150,000
150,000
750,000
3
150,000
250,000
250,000
3
150,000
10,000
150,000
3
150,000
150,000
3
22,500
10,000
22,500
3
13,750
13,750
1
450,000
20,000
20,000
3 10,000
13,750
10,000
3
10,000
150,000
150,000
150,000
10,000
2
39,415
39,415
2
16,000
20,000
16,000
3
70,000
350,000
70,000
3 550,000
550,000
3
26,000
661,300
460,000
1,050,000
26,000
3 13,750
13,750
4
11,013
11,013
4
11,013
11,013
1,105,000
698,250
350,428
420,000
411,013
2,984,691
3 543,750
543,750
3
150,000
150,000
150,000
150,000
600,000
3 200,000
200,000
400,000
3 150,000
150,000
150,000
150,000
150,000
750,000
3
250,000
250,000
3
150,000
150,000
3
150,000
150,000
3
10,000
10,000
2 650,000
650,000
3
10,000
10,000
3
22,500
22,500
3
450,000
450,000
3
13,750
13,750
3
150,000
150,000
150,000
150,000
600,000
3
31,300
31,300
3
20,000
20,000
3
350,000
350,000
3 13,750
13,750
1,557,500
1,286,250
661,300
460,000
1,050,000
5,015,050
Source Project# Priority 2015 2016 2017 2018 2019 Total
GRAND TOTAL
10,798,494 10,561,934 8,268,758 8,103,987 10,281,060 48,014,233
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: AMERESCO Energy Services Agreement for VVWTF Solar PV Project (L4/P15-Cd
Department: PW/Eng
LICENSE SECTION
Meeting Date: 12/23/2014
Application Complete N/A
Contact: Kent Exner
Agenda Item Type:
Presenter: John Paulson
Reviewed by Staff F1
New Business
Time Requested (Minutes): 10
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
City staff has been working with AMERESCO to develop a Energy Services Agreement. The attached Energy
Services Agreement have been included for your information and consideration.
Additional design work of the solar photovoltaic system was recently done by AMERESCO to obtain more accurate
system cost estimates to be included in the final project budget.
The Term Sheet (approved 10-14-14) included variables that were to be included in the development of the Energy
Services Agreement. Items such as insurance and operation & maintenance costs are based on estimates that have
been obtained. Additional project design was completed, after approval of the Term Sheet, to solidify cost estimates
and clarify remaining project details needed to meet Xcel RDF Grant submittal requirements.
City staff welcomes your comments and will assist the City Council in any way we can.
We recommend approval of the AMERESCO Energy Services Agreement for the WWTF Solar PV Project.
BOARD ACTION REQUESTED:
Approval of AMERESCO Energy Services Agreement
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost: $ 1,469,000.00
Total City Cost: $ 510,631.00 Funding Source: Wastewater Utility Funds
Remaining Cost: $ 958,369.00 Funding Source: Xcel RDF Grant
AMERESCO40
ENERGY SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF HUTCHINSON, MINNESOTA
AND
AMERESCO, INC.
Confidential & Proprietary Information of Ameresco, Inc.
EXECUTION VERSION
Page I
TABLE OF CONTENTS
SECTIONS
1 Scope of Services
2 Ownership of System
3 Conditions Precedent
4 Compensation and Payment
5 Term
6 Project Guarantee
7 O&M Agreement
8 Changes in Services
9 Warranties
10 Customer Role and Responsibilities
11 Defaults by Customer and Ameresco
12 Remedies for Default
13 Data Acquisition System (DAS)
14 Insurance and Bonds
15 Indemnification and Limitation of Liability
16 Agreement Interpretation and Performance
17 Privileged and Proprietary Information
18 Severability
19 Assignment and Subcontracting
20 Waiver
21 Force Majeure
22 Contract Documents
23 Notices
24 Records
25 Representations and Warranties
26 Independent Contractor
27 Additional Representation and Warranties of Customer
28 Negligent/Wrongful Acts
29 Further Documents and Events
30 Third Party Beneficiaries
31 Notifications of Governmental Action - Occupational Safety and Health
32 References
SCHEDULES
SCHEDULE 1 DEFINITIONS
SCHEDULE 2 CUSTOMER DEVELOPMENT WORK
ATTACHMENTS
ATTACHMENT A PROPERTY DESCRIPTION
ATTACHMENT B-1 SCOPE OF SERVICES
ATTACHMENT B-2 CUSTOMER'S SITE PREPARATION RESPONSIBILITIES
Confidential & Proprietary Information of Ameresco, Inc.
Page 2
ATTACHMENT C PROJECT GUARANTEE
ATTACHMENT D DELIVERY AND ACCEPTANCE CERTIFICATE
ATTACHMENT D (1) PERCENT COMPLETE ACKNOWLEDGEMENT
CERTIFICATE
ATTACHMENT D (2) CERTIFICATE OF SUBSTANTIAL COMPLETION
ATTACHMENT E NOTICE TO PROCEED
ATTACHMENT F CHANGE ORDER FORM
ATTACHMENT G FORM OF O&M AGREEMENT
ATTACHMENT H DAVIS-BACON REQUIREMENTS
ATTACHMENT I CUSTOMER'S MAINTENANCE RESPONSIBILITIES
ATTACHMENT J tenKSolar WARRANTY
Confidential & Proprietary Information of Ameresco, Inc.
Page 3
ENERGY SERVICES AGREEMENT
BY AND BETWEEN
CITY OF HUTCHINSON, MN
AND
AMERESCO, INC.
THIS ENERGY SERVICES AGREEMENT (the "Agreement") is entered into on December
_, 2014, by and between the City of Hutchinson, Minnesota, having its principal place of business
located at 111 Hassan Street, Hutchinson, MN 55350, (hereinafter referred to as "Customer") and
Ameresco, Inc. a Delaware corporation having its principal place of business at 111 Speen Street,
Suite 410, Framingham, MA 01701 (hereinafter referred to as "Ameresco"). The parties to this
Agreement shall be collectively referred to as the "Parties" and individually as a "Party."
Capitalized terms used in this Agreement without other definition shall have the meanings specified
in Schedule 1, unless the context requires otherwise.
WHEREAS, Ameresco has submitted a Development Report dated December _, 2014, which
was completed and delivered as described in the Term Sheet between the Customer and Ameresco,
dated October 14, 2014;
WHEREAS, Customer desires Ameresco to complete a project (the "Project") consisting of the
design, procurement, construction and installation of a solar energy facility at Customer's facilities
described in Attachment A (the "Property"), and Ameresco wishes to perform such services; and
WHEREAS, Customer owns and controls the Property.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein,
the Parties hereby agree as follows:
SECTION I SCOPE OF SERVICES
(a) Work: Upon (i) satisfaction of the Conditions Precedent set forth in Section 3, and (ii)
delivery by Customer to Ameresco of a "Notice To Proceed", substantially in the form
attached to this Agreement as Attachment E, Ameresco shall furnish all labor, materials
and equipment and perform all work required for the completion of the Scope of Services,
set forth in Attachment B-1 (the "Scope of Services"), including the installation of the
solar energy facility and related facility improvement measures described therein (as more
particularly defined in Schedule 1, the " System") as such Scope of Services and such
Attachments may be modified in accordance with this Agreement. Customer understands
that Customer is obligated to perform all tasks required by Customer prior to
commencement of the Scope of Services, as more particularly set forth in Attachment 13-
2, Customer's Site Preparation Responsibilities, attached hereto and incorporated herein
by reference.
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(b) Specific Services of Ameresco. Without limiting the generality of Section 1(a), Ameresco
shall perform all of the specific tasks in accordance with the Scope of Services:
(i) Supply and Procurement. Ameresco shall procure or supply and pay for all of the
Equipment, and arrange and pay for the delivery of all of the Equipment to the
Site.
(ii) Engineering and Design. Ameresco shall design and provide engineering services
with respect to the Project in a manner that shall be consistent with the actual
conditions existing at the Site and the Property following completion of
Customer's Site Preparation Responsibilities and consistent with the requirements
set forth in the Scope of Services. All site work completed by Customer as set
forth in Customer's Site Preparation Responsibilities, Attachment B-2, shall be
subject to review and approval by Ameresco's design engineers. Any additional
work required to be performed by Ameresco shall require issuance of a Change
Order, which shall include an equitable adjustment in the Contract Cost for such
work.
(iii) Contract Documents. Ameresco shall furnish the 100% Design Documents to
Customer for final approval by Customer prior to the start of any work hereunder,
such approval not to be unreasonably withheld, conditioned or delayed. Customer
may not request any changes to the Design Documents that may adversely impact
or lower production output from the System without allowing for a corresponding
reduction to any savings guarantees and adjustment to measurement and
verification services provided pursuant to this Agreement.
(c) Environmental and Hazardous Material Regulations. Customer shall maintain all permits
for the Property required by the Applicable Legal Requirements, including, without limitation,
the Customer Development Work set forth on Schedule 2, and provide copies of all such permits
to Ameresco upon Ameresco's reasonable request. Notwithstanding anything else in this
Agreement, Ameresco is not responsible for any Hazardous Materials encountered at the Property
or Site except to the extent introduced by Ameresco Upon encountering any Hazardous
Materials, Ameresco will stop work in the affected area and duly notify Customer and, if required
by Applicable Legal Requirements, any Governmental Authority with jurisdiction over the
Premises or Site. Upon receiving notice of the presence of suspected Hazardous Materials at the
Property or Site, not introduced by or caused to be released by Ameresco, Customer shall take all
measures required by Applicable Legal Requirements to determine if Hazardous Materials exist
at the Property in quantities exceeding the limits established by Applicable Legal Requirements.
Customer shall perform such remediation as required by law to the area of the Property affected
so that the System may be installed. Ameresco shall resume work at the affected area(s) of the
Property only after Customer notifies Ameresco that Customer has complied with all Applicable
Legal Requirements, and a qualified independent expert engaged by Customer provides written
certification that (i) remediation has been accomplished as required by Applicable Legal
Requirements and (ii) all necessary approvals have been obtained from all Governmental
Authorities having jurisdiction over the Property for Ameresco to resume construction.
(d) Compliance With Law: The Parties shall comply with all federal, state and local laws, rules
and regulations now in effect or known to be changing during the construction period,
including, without limitation, the provisions of the Davis -Bacon Act as set forth on
Attachment H.
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(e) Taxes: Sales and use taxes associated with the Work are included in the Contract Cost.
Customer shall pay (or, if applicable, reimburse Ameresco for the payment of) all property
taxes or other fees and assessments associated with the Work.
(f) Duties, Obligations and Responsibilities of Ameresco:
(i) All labor furnished under this Agreement shall be performed by personnel who are
competent to perform the tasks undertaken, that all materials and equipment
provided shall be new and of agreed upon quality unless otherwise agreed, and that
the completed System shall comply in all material respects with the requirements
of this Agreement.
(ii) Ameresco shall maintain the Project site in a reasonably clean condition during the
performance of the construction Work.
(iii) Ameresco shall regularly, as mutually agreed upon by the Parties, clean the Project
site of all debris, trash and excess material or equipment generated by Ameresco's
construction work hereunder.
(iv) Ameresco shall permit Customer or any of its representatives to enter upon the
Project site to review or inspect the System without formality or other procedure,
except that all such entries must be in compliance with all safety procedures, rules
and regulations.
(v) Ameresco shall provide equipment manuals and other appropriate information
regarding equipment installed hereunder to Customer at or about the time of
"Substantial Completion" as such term is defined in Section 4 below.
(vi) Ameresco shall, at its expense, comply with and obtain all applicable licenses and
permits required by federal, state and local laws in connection with (i) the
installation of the System and (ii) the operation and/or maintenance of the System
(to the extent that Ameresco agrees to perform such operations and/or maintenance
services). In the event that Ameresco cannot procure any such license or permit in
light of a requirement that Customer is required to do so, Customer shall promptly
procure the same.
SECTION 2 Ownership of System
Ownership and title to each System or portion thereof, as applicable, shall automatically pass to
Customer upon Ameresco's receipt of both (i) the executed Substantial Completion Certificate or
each Percent Complete Acknowledgement Certificate substantially in the form attached to this
Agreement as Attachment D (1), (including Customer's payment certification) delivered pursuant
to Section 4 for such System or portion thereof, and (ii) the indefeasible payment in full of all of
Customer's payment obligations to Ameresco pursuant to such Substantial Completion Certificate
or Percent Complete Acknowledgement Certificate for such installed System or portion thereof.
Prior to satisfaction of the conditions set forth in (i) and (ii) in the previous sentence with respect
to the System or portion thereof, title to the System or portion thereof shall remain in the name of
Ameresco. If, notwithstanding the intent of the Parties, Customer is deemed to hold title to any or
all of the System or portion thereof prior to the satisfaction of the conditions set forth in (i) and (ii)
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above, as security for the payment in full of the Customer's obligations with respect to the System
or portion thereof, Customer hereby assigns, transfers and grants to Ameresco a security interest in
the System. Customer hereby authorizes Ameresco to file, from time to time, Uniform Commercial
Code financing statements in such jurisdictions as may be necessary to perfect and maintain its
security interest in such System. If requested by Ameresco, Customer agrees to execute and deliver
all further instruments and documents and take all further action, to the extent such action may not
be undertaken by Ameresco on its own, that may be necessary in order to create, perfect and protect
Ameresco's security interest in the System and hereby irrevocably appoints Ameresco as
Customer's attorney-in-fact with full power to sign such instruments and documents. Upon delivery
of the Substantial Completion Certificate and satisfaction of clause (ii) above for the System,
Ameresco's interest in the System shall be released and terminated, in each case without further
action on any Party's part.
SECTION 3 Conditions Precedent
(a) Ameresco's obligation to perform the Scope of Services under this Agreement is
conditioned upon the satisfaction in full or waiver by Ameresco of the following
Conditions Precedent:
(i) All permits, licenses and other approvals required by Applicable Legal
Requirements for installation and operation of the System shall have been
obtained by Ameresco or Customer, as required in this Agreement, on
terms acceptable to Ameresco in its sole discretion;
(ii) Customer shall have completed all site preparation work set forth in
Attachment B-2, Customer's Site Preparation Responsibilities, to the
satisfaction of Ameresco's design engineers;
(iii) Ameresco shall have determined that no upgrades are required to Buyer's
existing electrical infrastructure, structural infrastructure or to the
interconnection system, it being acknowledged by the Customer that the
Customer shall be bear the financial responsibility for any required
upgrades;
(iv) Customer shall have entered into all contracts and delivered all other
documents required by the LDC in connection with this Agreement and
the transactions contemplated hereby (the "Utility Documents") to the
reasonable satisfaction of Ameresco, or the LDC shall have waived the
requirements for such Utility Documents;
(v) Ameresco shall have satisfied itself that the System, if constructed, would
not be in violation of zoning or land use laws applicable to the Property, it
being acknowledged by Customer that Ameresco is under no obligation to
apply for or obtain zoning relief,
(vi) Customer shall have been awarded a grant for $958,360 from Xcel Energy
Renewable Development Fund;
(vii) Customer shall have completed Customer's Development Work set forth
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on Schedule 2; and
(viii) Ameresco shall have performed a title examination of the Property and is
satisfied in its sole discretion with the results of such examination.
(b) Ameresco shall act with diligence and good faith to satisfy the conditions precedent herein.
Customer will cooperate, as necessary, to facilitate satisfaction of these conditions
precedent. Ameresco shall provide Customer with regular updates on the progress of
Ameresco's efforts. In the event that the conditions precedent in Section 3(a) above are
not satisfied within two hundred seventy (270) days of the Effective Date, then either Parry
shall have the right to terminate this Agreement; provided, that either party may unilaterally
extend such period for up to an additional one hundred eighty (180) days upon written
notice (describing the reasons for the extension) delivered to either parry prior to expiration
of the 270 -day period. Either Party shall give the other Party at least fifteen (15) days
advance written notice of such Party's intent to terminate this Agreement due to the failure
to meet any of the foregoing conditions within the time period designated herein or any
extension.
(c) When all conditions precedent have been met or waived by Ameresco, Ameresco shall
notify the Customer and Customer shall issue the 'Notice to Proceed" to Ameresco.
SECTION 4 Compensation and Payment
(a) The "Contract Cost" shall be One Million Four Hundred Sixty -Seven Thousand Dollars
($1,467,000), subject to adjustment by issuance of a Change Order.
(b) Upon delivery by Customer to Ameresco of a Notice to Proceed, as provided in Section
3(c), including proof of available funds sufficient to pay the Contract Cost, Customer shall
pay Ameresco ten percent (10%) of the Contract Cost. Thereafter, Ameresco shall submit
invoices to Customer for monthly progress payments based upon the percentage of the
Project construction and equipment procurement completed at the end of each month, so
that Ameresco is paid the percentage of the Contract Cost that is commensurate with the
percentage of completion of the Scope of Services. A Percent Complete
Acknowledgement Certificate in the form attached hereto as Attachment D (1) will be
executed by Customer during each month of the construction period showing percent
complete and monthly payment due. Customer shall make payment to Ameresco, within
thirty-five (35) days after the submission of each such invoice (the "Due Date").
(c) Upon Substantial Completion of the installation of the System (or portion thereof as
applicable), Ameresco will deliver to Customer a Substantial Completion Certificate in the
form of Attachment D (2). Within fourteen (14) calendar days after receipt of each
Substantial Completion Certificate, Customer shall complete, execute and deliver to
Ameresco each such Substantial Completion Certificate. For the purposes of this
Agreement the term "Substantial Completion" shall mean that the System has been
installed by Ameresco, and, the Equipment included in the System is then operating in a
manner consistent with each manufacturer's intended use and Customer is receiving
beneficial use thereof.
(d) Ameresco shall notify Customer when the System has achieved Commercial Operation and
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shall, in such notice, certify to Customer, the Commercial Operation Date. A final
Delivery and Acceptance Certificate, attached hereto as Attachment D, shall be executed
by Customer upon Commercial Operation. Customer shall not unreasonably withhold or
delay the execution and delivery of the Delivery and Acceptance Certificate.
(e) All amounts not paid to Ameresco on or before the due dates specified in Subsection 4(b),
(c) and (d) shall accrue interest at the rate of 1.5% per month. If Ameresco is prohibited
by law from charging interest at said rate but is instead limited by law to charging a
maximum rate, which is a lower rate, Ameresco shall charge interest at said lower rate on
all outstanding balances until payment in full is received.
(f) As required by Minnesota Stat. 471.425 subd. 41, all subcontractors who are entitled to
payment pursuant to and as a result of the provisions of the applicable subcontract, shall
be paid by Ameresco within ten (10) days of receipt of payment from Customer.
SECTION 5 Term; Guarantee Period
This Agreement shall be effective on the date first above written and shall remain in effect through
the "Guarantee Period" as such term is defined below (the "Term") unless terminated prior to such
date, as provided for this Agreement or as a result of termination of the O&M Agreement.
Notwithstanding the foregoing, nothing in this Section 5 shall relieve Customer from paying
amounts which accrued prior to such termination of this Agreement when due under this
Agreement. The Guarantee Period shall commence on the Commercial Operation Date and
continue until the eighteenth (18'h) anniversary of the Commercial Operation Date unless
terminated prior to such date as a result of termination of the O&M Agreement or of this
Agreement.
SECTION 6 Proiect Guarantee
a) The terms and conditions of the Project Guarantee are more particularly set forth
in Attachment C. The aggregate amount of energy cost savings resulting from installation and
operation of the System (as determined in accordance with the savings calculation methodology
set forth in Attachment C) is expected to equal or exceed the Contract Cost, including annual
O&M Fees to be paid over the Term, less $958,360 (the amount of the grant Customer has been
awarded by Xcel Energy Renewable Development Fund).
(b) The Project Guarantee is subject to the terms and conditions set forth in this
Agreement, including the Attachments and the O&M Agreement described in Section 7.
SECTION 7 O&M Agreement
(a) The Parties intend to enter into a separate agreement (the "O&M Agreement") for the
provision of operations and maintenance services by Ameresco during the Guarantee
Period. .
(b) Customer shall compensate Ameresco for the O&M Services by payment of the O&M
Service Fee set forth in the O&M Agreement. Failure to pay the O&M Service Fee shall
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result in termination of the O&M Services.
(c) Termination of the O&M Services and/or of the O&M Agreement shall result in
termination of the Project Guarantee.
SECTION 8 Changes in Services
The Scope of Services may be changed only by mutual agreement of the Parties evidenced by
execution of a "Change Order" substantially in the form attached to this Agreement as Attachment
F, including the quantity, quality, dimensions, type or other characteristics of the System. In
addition, the Scope of Services may be reduced or expanded including, without limitation, the
addition or reduction of other energy efficiency measures and facilities not included within the
System scheduled on Attachment B by the execution and delivery of a Change Order. Such Change
Order may serve as a remedy for a partial default pursuant to Sections 11 and 12, below. Any and
all change orders will be designed to comply with Minnesota Statutes 471.345, subd. 13 so that
such change order(s) will not be subject to the competitive bidding requirements of Section 471.345
or other law or city charter.
SECTION 9 Warranties
Ameresco hereby agrees as follows:
(a) Ameresco warrants that the Work hereunder is warranted to be free from defects in
materials and workmanship on a System by System basis, for a period of one (1) year (the
"Warranty Period") from the date of execution of the Substantial Completion Certificate
System by Customer, provided, however, Ameresco's warranties with respect to
Equipment shall be limited to the corresponding warranties made by the suppliers and
manufacturers of such Equipment; and further provided, that Ameresco's warranties in this
Section 9(a) expressly exclude defects caused by Customer's failure (i) to satisfy
Customer's Maintenance Responsibilities set forth in Attachment I or (ii) to comply with
the operation and maintenance manuals and manufacturers' guidelines applicable to the
Equipment. For greater clarity but not in limitation of the foregoing, Contractor's warranty
with respect to Equipment supplied by tenKsolar, Inc. and its affiliates is limited to the
warranty supplied by tenKsolar, Inc. a copy of which is attached hereto as Attachment J.
Ameresco shall provide Customer with any and all documentation in its possession related
to such warranties. Ameresco shall notify Customer of any warranties that are not
assignable.
(b) To furnish adequate protection from damage for all work and to repair damages of any kind
for which Ameresco or Ameresco's workmen are responsible, to the building or equipment,
to Ameresco's own work, or to the work of others.
(c) Any equipment or service provided under this Agreement which is or becomes defective
during the Warranty Period shall be replaced by Ameresco at its cost. Ameresco shall make
any such replacements promptly upon receiving notice from Customer.
(d) EXCEPT AS PROVIDED IN THIS SECTION 9, AMERESCO MAKES NO FURTHER
WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER STATUTORY,
WRITTEN, ORAL OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES AS TO THE VALUE, DESIGN, AND CONDITION OR FITNESS FOR
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USE OR PARTICULAR PURPOSE AND MERCHANTABILITY, REGARDING THE
System.
SECTION 10 Customer Role and Responsibilities
The Project Guarantee is subject to Customer's compliance with the following:
(a) Operations: Customer shall operate all equipment installed hereunder in accordance with
the manufacturer's recommendations and the manuals supplied to Customer by Ameresco.
(b) Maintenance: Customer shall, at its expense, maintain the Property in good working
condition during the Term of this Agreement. Customer shall maintain, at Customer's
expense: (i) all equipment and other components included as part of the System, and (ii)
all other equipment which is attached thereto and/or is integral to the proper functioning of
the System, consistent with Customer's Maintenance Responsibilities set forth in
Attachment I.
(c) Malfunctions: Customer shall notify Ameresco immediately in the event of any
malfunction in the operation of the System installed hereunder.
(d) Protection of the System: Except in the case of emergency, Customer shall not remove,
move, alter, turn off or otherwise significantly alter the operation of the equipment installed
hereunder or the operation of the System, or any individual part thereof, without the prior
approval of Ameresco, which approval shall not be unreasonably withheld. After receiving
Ameresco's approval, Customer shall proceed as instructed. Customer shall act reasonably
to protect the System from damage or loss, if, due to an emergency, it is not reasonable to
notify Ameresco before acting. Customer agrees to protect and preserve the facility
envelope and operating condition of all System, mechanical systems and other energy
consuming systems located on the Property.
(e) DAS System: Customer shall not move, modify or otherwise alter any metering system
installed as part of the System, the DAS or any component thereof without the written
consent of Ameresco unless such action is in accordance with manuals provided by
Ameresco.
(f) Adjustment to Production Shortfall: If Customer does not reasonably protect the System
or maintain the Property in good repair and good working condition, Ameresco, after thirty
(3 0) days advance notice to Customer, may adjust the Production Shortfall for the period.
(g) Changes to Property or Additional Equipment: Customer shall notify Ameresco in writing
at least thirty (30) days prior to making any changes to the Property that may affect the
energy usage on the Property, including, but not limited to, changes in the hours or days or
time of year that the Property is occupied or operated, the number of occupants (including,
but not limited to, staff), the activity conducted, the equipment, the facilities, or the size of
the Property. In the event Ameresco receives such notification or otherwise determines
that such a change has occurred, it may make the revisions to the Attachments or take such
other action as may be provided for hereunder. Ameresco may also make retroactive
adjustments if Customer has not provided timely notice and any payments shall be
retroactively reconciled to reflect the changed baseline.
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(h) Energy Usage Data: Customer shall make available to Ameresco, on a monthly basis for
the Term of this Agreement, copies of all energy bills, energy usage data, and any and all
other such documentation maintained by Customer, as may be requested by Ameresco,
which is required to perform all of its obligations under this Agreement.
(i) Insurance and Risk of Loss or Damage: Without limiting any of its obligations or liabilities
under this Agreement, Customer shall, at its expense, provide and maintain at all times
during the Term of this Agreement, sufficient insurance against the loss, theft of or damage
to the System, related equipment, and all equipment installed hereunder, for the full
replacement value thereof. In addition Customer's Commercial General Liability insurance
shall be primary for any property damage or bodily injury during the performance of the
Work hereunder.
Upon installation, Customer assumes all risk of loss of or damage to the System from any
cause whatsoever except to the extent that such loss or damage was caused by the sole
negligence of Ameresco. In the event of loss or damage to any equipment installed
hereunder, Customer shall promptly notify Ameresco and immediately return the same to
good repair with the proceeds of any insurance received to the cost of such repair. If
Customer determines that any of the System are lost, stolen, confiscated, destroyed or
damaged beyond repair, Customer shall replace the same with like equipment in good
repair in a timely fashion.
(j) Telephone: Customer is responsible for installing and maintaining telephone lines and all
associated costs for the System telephone lines or applicable energy management system
communication systems.
(k) Protection. Customer shall at all times act reasonably to protect the System from loss or
damage to the same extent and in the same manner in which it protects the Property.
(1) Alteration: Customer agrees not to move or alter or change the System in any way that
may cause a reduction in the level of efficiency or savings generated by the System or the
equipment installed hereunder without obtaining Ameresco's written approval.
(m) Storage: Customer shall provide rent free space for Ameresco, or any of its subcontractors,
to mobilize and store supplies, tools and equipment during installation of the System or
other activities by Ameresco on the Property as available pursuant to this Agreement for
which such storage space may be required with locking capacity acceptable to Ameresco.
Only Ameresco or any of Ameresco's subcontractors, and Customer's assigned personnel
shall have access to storage. Customer shall not be liable for loss or damage to any
supplies, tools or equipment stored during installation of the System except to the extent
such loss or damage is the result of Customer's negligence.
(n) Fuel: Customer shall procure and pay for all energy and fuel for the operation of the
Property.
(o) Governmental Approvals/Filings: Customer shall obtain, maintain, and pay for all
Governmental Approvals required to be provided as part of the City's Development
Work set forth in Schedule 2. Ameresco shall provide Customer with reasonable
assistance in obtaining any additional Governmental Approvals. Customer shall make all
filings, if any, required of it by the State of Minnesota relating to the Project. Ameresco
shall reasonably cooperate with Customer regarding any such filings.
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(p) Cooperation during Construction: Customer acknowledges and agrees that completion of
the Scope of Services is dependent on Customer's cooperation in taking such actions as
may be necessary by Customer in order to prepare the Property for work by Ameresco,
including completion of the work set forth in Attachment B-1, Customer's Site Preparation
Responsibilities to the satisfaction of Ameresco. Customer agrees to take such additional
actions during normal business hours as are reasonably requested by Ameresco in a timely
manner in order to allow the Scope of Services to be accomplished hereunder.
(q) Right of Entry During the Term of this Agreement, Customer shall provide Ameresco and
its employees, agents and subcontractors access to the Property for the purpose of fulfilling
Ameresco's obligations under this Agreement. Customer shall provide required rent free
space for the storage of Equipment and installation and operation of the System and shall
protect such items and equipment in the same careful manner that Customer protects the
Property.
SECTION 11 Defaults by Customer and Ameresco
(a) By Customer.
Customer shall be in default under this Agreement upon the occurrence of any of the
following:
(i) Customer fails to pay when due any amount to be paid under this Agreement and
such failure continues for a period of five (5) business days after notice of overdue
payment is delivered by Ameresco to Customer;
(ii) Customer fails to perform any of its required duties or obligations under this
Agreement and fails to cure such failure and the effects of such failure within thirty
(30) days of receipt of written notice of default, unless such failures and effects
cannot be completely cured within thirty (30) days after said written notice, in
which case a default shall exist only if Customer does not commence and diligently
pursue to cure such failures and effects as soon as practicable;
(iii) Customer enters receivership, or makes an assignment for the benefit of creditors,
whether voluntary or involuntary, or a petition is filed by or against Customer
under any bankruptcy, insolvency or similar law and such petition is not dismissed
within sixty (60) days.
(iv) Customer fails to cooperate in completing Customer's Site Preparation
Responsibilities or to take such other actions as may be necessary by Customer in
order to prepare for work by Ameresco as is reasonably requested by Ameresco in
a timely manner in order to allow the Scope of Work to be accomplished
hereunder.
(b) By Ameresco.
Ameresco shall be in default under this Agreement if Ameresco fails to perform any of its
material duties or obligations under this Agreement and fails to cure such failure or effects
of such failure within thirty (30) days of receipt of written notice of default, unless such
failure or effects of such failure cannot be completely cured within thirty (30) days after
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said written notice, in which case a default shall exist only if Ameresco does not promptly
commence and diligently pursue to cure such failure as soon as practicable. Failure to
achieve the Guaranteed Annual Electric Output shall not constitute a default under this
Agreement.
SECTION 12 Remedies for Default
(a) In the event Customer defaults under this Agreement, Ameresco may:
(i) bring actions for any remedies available at law or in equity or other appropriate
proceedings for the recovery of damages, including amounts past due, and/or bring
an action in equity for specific performance; and
(ii) with or without recourse to legal process, Ameresco may terminate this Agreement
by delivering written notice of termination at least thirty (30) days prior to the
requested termination date.
(b) In the event Ameresco defaults under this Agreement, Customer may terminate this
Agreement and bring an action in law for direct damages, or, for a default which occurs
during the construction period, Customer may seek an action for injunctive relief.
SECTION 13 Data Acquisition System (DAS)
(a) DAS. Ameresco shall provide and install the DAS, and maintain and operate the
DAS during the Guarantee Period. Ameresco shall maintain and test the DAS in accordance with
Applicable Legal Requirements.
(b) Measurements. Readings of the DAS shall be conclusive as to the amount of
Electricity delivered to Customer; provided, that if the DAS is out of service, is discovered to be
inaccurate, or registers inaccurately, measurement of Electricity shall be determined in the
following sequence: (i) by estimating by reference to quantities measured during periods of similar
conditions when the DAS was registering accurately; or (ii) if no reliable information exists as to
the period of time during which the DAS was registering inaccurately, it shall be assumed for
correction purposes hereunder that the period of such inaccuracy for the purposes of the correction
was equal to (A) if the period of inaccuracy can be determined, the actual period during which
inaccurate measurements were made; or (B) if the period of inaccuracy cannot be determined, one-
half (1/2) of the period from the date of the last previous test of the DAS through the date of the
adjustments, provided, however, that, in the case of clause (B), the period covered by the correction
shall not exceed twelve (12) months.
(c) Standard of DAS Accuracy; Resolution of Disputes as to Accuracy. The
following steps shall be taken to resolve any disputes regarding the accuracy of the DAS:
(i) If either Party disputes the accuracy or condition of the DAS, such Party
shall so advise the other Party in writing setting forth in reasonable detail the reasons it
believes the DAS is inaccurate including the dates it discovered the same.
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(ii) The non -disputing Party shall, within fifteen (15) days after receiving
such notice from the disputing Party, advise the other Party in writing as to its position
concerning the accuracy of the DAS and state reasons for taking such position.
(iii) If the Parties are unable to resolve the dispute, then either Party may
cause the DAS to be tested by an agreed upon and disinterested third party.
(iv) If the DAS is found to be inaccurate by two percent (2%) or less, any
previous recordings of the DAS shall be deemed accurate, and the Party disputing the
accuracy or condition of the DAS shall bear the cost of inspection and testing of the
DAS.
(v) If the DAS is found to be inaccurate by more than two percent (2%)]or if the DAS is for
any reason out of service or fails to register, then (A) Ameresco shall promptly cause the DAS
found to be inaccurate to be replaced or adjusted to correct, to the extent practicable, such
inaccuracy, (B) the Parties shall estimate the correct amounts of Electricity delivered during the
periods affected by such inaccuracy, service outage or failure to register in accordance with
Section 13(b) above, and (C) Ameresco shall bear the cost of inspection and testing of the DAS.
SECTION 14 Insurance and Bonds
(a) By Ameresco: Without limiting any of its obligations or liabilities under this Agreement,
Ameresco shall provide and maintain at its expense, the following insurance coverage where
reasonable market availability for such insurance exists:
(i) Workers' Compensation and Employer's Liability Insurance as required by law.
(ii) Comprehensive General Liability Insurance, including contractual liability, Bodily
Injury per person, $1.5 million; Bodily Injury per occurrence, $1.5 million;
Property Damage per occurrence, $1.5 million; and Personal Injury per occurrence,
$1.5 million.
(iii) Comprehensive Automobile Liability Insurance, including owned, non -owned and
hired automotive equipment of, Bodily Injury per person, $1.5 million; Bodily
Injury per occurrence, $1.5 million; Property Damage per occurrence, and $1.5
million; and Excess Liability.
(iv) Ameresco shall deliver to Customer a Certificate of Insurance naming Customer
as an additional insured party under paragraphs (ii) and (iii), above, and agrees to
provide Customer with at least thirty (30) days notice of cancellation.
Ameresco shall deliver to Customer Performance and Payment Bonds in a sum equal to the
Contract Cost conditioned upon faithful performance of the Agreement by Ameresco, for the
implementation of the System as it may be from time to time modified by Change Orders within
ten (10) days of issuance of a Notice to Proceed. The Performance Bond applies only to the
installation portion of this Agreement and does not apply in any way to energy savings, electricity
or output guarantees, payments or maintenance provisions, except that the Performance Bond shall
guarantee that the installation of each System will be free of defective materials and workmanship
for a period of twelve (12) months following completion and acceptance of the Work, such twelve
(12) month period to run on an System by System basis as provided in Section 9.
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(b) By Customer: Without limiting any of its obligations or liabilities under this Agreement,
Customer shall provide and maintain at its expense, insurance coverage consistent with the
requirements of section 14 (i) and (ii), above.
SECTION 15 Indemnification and Limitation of Liability
(a) Neither Party nor its respective officers, directors, agents, employees, parent, subsidiaries
or affiliates or their affiliates' officers, directors, agents or employees shall be liable,
irrespective of whether such claim of liability is based upon breach of warranty, tort,
(including negligence, whether of any of the Parties to this Agreement or others), strict
liability, contract, operation of law or otherwise, to any other Party, or its affiliates,
officers, directors, agents, employees, successors or assigns, or their respective
insureds, for incidental, delay, punitive or consequential damages, connected with,
related to or arising from performance or non-performance of this Agreement.
(b) Ameresco's liability in contract for direct damages under this Agreement shall in all cases
be limited to the sum of One Million Five Hundred Thousand Dollars ($1,500,000).
(c) Ameresco agrees to defend, indemnify and hold Customer harmless from and against any
and all claims for damages but only to the extent such damages arise by reason of bodily
injury, death or damage to property caused by Ameresco's sole negligence or willful
misconduct. To the extent that any such damages are covered by or under Ameresco's
Comprehensive General Liability Insurance policy, Ameresco shall not be required to
indemnify Customer in excess of the limits of such coverage. Ameresco, however, in no
event shall be obligated to indemnify Customer to the extent that any such injury or damage
is caused by the negligence of Customer or any entity for which Customer is legally
responsible. Ameresco's liability to Customer pursuant to this Section 15(c) shall in all
cases be limited to the actual proceeds of insurance under the policies maintained by
Ameresco pursuant to the requirements of this Agreement
(d) Customer agrees to defend, indemnify and hold harmless AMERESCO, its officers, agents
and employees, from and against any and all claims for damages but only to the extent such
damages arise by reason of bodily injury, death or damage to property caused by
Customer's sole negligence or willful misconduct, or by the presence of Hazardous
Materials at the Property. Customer, however, in no event shall be obligated to indemnify
Ameresco to the extent that any such injury or damage is caused by the negligence of
Ameresco or any entity for which Ameresco is legally responsible.
SECTION 16 Agreement Interpretation and Performance
This Agreement shall be governed as to all matters whether of validity, interpretations, obligations,
performance or otherwise exclusively by the laws of the State of Minnesota, except those requiring
application of the law of another jurisdiction, and all questions arising with respect thereto shall be
determined in accordance with such laws. Regardless of where actually delivered and accepted,
this Agreement shall be deemed to have been delivered and accepted by all parties in the State of
Minnesota.
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SECTION 17 Privileged and Proprietary Information
Ameresco's systems, means, cost, and methodologies of evaluating, implementing, accomplishing
and determining energy savings and the terms of the Agreement for this Project shall be considered
privileged and proprietary information. Customer shall use the same level of effort to protect and
safeguard such information as it employs to safeguard its own confidential information. Customer
shall not disclose such proprietary information without the express written consent of an officer of
Ameresco unless required to do so by statute or regulation. When any request for disclosure of
such information is made under any applicable freedom of information law (the "FOIL"),
Customer shall provide prompt verbal and written notice to Ameresco such that Ameresco will
have the opportunity to timely object under the FOIL should it desire to object to such disclosure
of that information in whole or in part. Ameresco must file any such objection or take such action
within five (5) business days of receipt of such notice from Customer.
SECTION 18 Severability
If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or
unenforceable, the invalidity of such provision shall not affect the other provisions of this
Agreement, and all other provisions of this Agreement shall remain in full force and effect.
SECTION 19 Assignments and Subcontracting
(a) Ameresco may elect to use subcontractors in meeting its obligations hereunder.
(b) Customer shall not assign, transfer, or otherwise dispose of this Agreement, the System, or
any interest therein, or sublet or lend the System or permit the System to be used by anyone
other than Customer and Customer's employees without the prior express written consent
of Ameresco; provided that, Customer may, without obtaining the consent of Ameresco,
assign its rights in the System to any financial institution, lender or investor in connection
with a leasing or financing arrangement for the System.
(c) Ameresco shall not assign this Agreement in whole or in part to any other party without
first obtaining the consent of Customer, which consent shall not be unreasonably withheld;
provided that, Ameresco may assign, without obtaining the consent of Customer, its rights
and obligations under this Agreement in whole or in part to any affiliated or associated
company of Ameresco and its rights for payments under this Agreement to any financial
institution, lender or investor in connection with a leasing or financing arrangement for the
System. Ameresco shall notify Customer thirty (3 0) days prior to any such assignment and
Customer agrees to acknowledge receipt of such notice within five (5) days.
SECTION 20 Waiver
Any waiver of any provision of this Agreement shall be in writing and shall be signed by a duly
authorized agent of Ameresco and Customer. The waiver by either Party of any term or condition
of this Agreement shall not be deemed to constitute a continuing waiver thereof nor of any further
or future waiver of any additional right that such Party may be entitled to under this Agreement.
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SECTION 21 Force Maieure
If either Party shall be unable to carry out any material part of its obligations under this Agreement,
(except Customer's obligations to make payments when due), due to causes beyond its control
("Force Majeure"), including, but not limited to, an act of God, strikes, lockouts or other industrial
disturbances acts of public enemies orders or restraints of any kind of the government of the United
States or any state or any of their departments agencies or officials or any other civil governmental,
military or judicial authority, war, blockage, insurrection, not, sudden action of the elements, fire,
explosion, flood, earthquake, storms, drought, landslide, or explosion or nuclear emergency, this
Agreement shall remain in effect but the affected Party's obligations shall be suspended for a period
equal to the disabling circumstances, provided that:
(a) the non-performing Party gives the other Parry prompt written notice describing the
particulars of the event of Force Majeure, including but not limited to the nature of the
occurrence and its expected duration, and continues to furnish timely regular reports with
respect thereto during the period of Force Majeure;
(b) the suspension of performance is of no greater scope and of no longer duration than is
required by the event of Force Majeure;
(c) no obligations of either Party that arose before the event of Force Majeure causing the
suspension of performance are excused as a result of the event Force Majeure;
(d) the non-performing Parry uses reasonable efforts to remedy its inability to perform; and
(e) the Term of this Agreement, as mutually agreed upon by Customer and Ameresco, shall be
extended for a period equal to the number of days that the event of Force Majeure prevented
the non-performing Parry from performing.
Any decision by Customer to close or change the use of the facilities or the System at the Property
shall not constitute a Force Majeure excusing Customer's performance under this Agreement. The
Guaranteed Annual Electric Output shall be adjusted or pro -rated for any period of time the System
is not generating Electricity due to Force Majeure.
SECTION 22 Contract Documents
(a) Upon execution of this Agreement by both Parties, this Agreement and its Attachments
shall constitute the entire Agreement between the Parties relating to the subject matter
hereof, and supersedes all proposals, previous agreements, discussions, correspondences,
and all other communications, whether oral or written, between the Parties relating to the
subject matter of this Agreement. In the case of any conflict between this Agreement and
the Attachments or any other document referred to in this Agreement, the provisions of this
Agreement shall control.
(b) This Agreement may not be modified or amended except in writing signed by the Parties.
(c) Headings are for the convenience of reference only and are not to be construed as a part of
the Agreement.
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SECTION 23 Notices
All notices, requests, demands, elections and other communications under this Agreement, other
than operational communications, shall be in writing and shall be deemed to have been duly given
on the date when hand -delivered, or on the date of the confirmed facsimile transmission, or on the
date received when delivered by courier that has a reliable system for tracking delivery, or six (6)
business days after the date of mailing when mailed by United States mail, registered or certified
mail, return receipt requested, postage prepaid. All notices shall be addressed to the following
individuals:
(a) If to Customer:
City of Hutchinson
I I lHassan St. NE
Hutchinson, MN 55350
Attention: City Attorney
(b) If to Ameresco
Ameresco, Inc.
1900 Spring Road, Suite 400
Oak Brook IL, 60523
Attention: Executive Vice President & General Manager, Central Region
With a copy to:
Ameresco, Inc.
111 Speen Street, Suite 410
Framingham, MA 01701,
Attention: General Counsel
Either Party may from time to time change the individual(s) to receive notices and/or its address
for notification purposes by giving the other Party written notice as provided above.
SECTION 24 Records
To assist Ameresco in its performance of this Agreement, Customer shall (to the extent it has not
already done so) furnish (or cause its energy suppliers and transporters to furnish) to Ameresco,
upon its request, accurate and complete data (kept by Customer or Customer's energy suppliers and
transporters in the regular course of their respective businesses) concerning energy usage for the
existing facilities at the Property, including the following data for the most current thirty-six (36)
month period: utility records, occupancy information; descriptions of any changes in building
structure or heating, cooling or other systems or energy requirements; descriptions of all energy
consuming or saving equipment used on Property; descriptions of all energy management
procedures presently utilized. If requested by Ameresco, Customer shall also provide any prior
energy analyses of the Property, to the extent available.
SECTION 25 Representations and Warranties
Each Party warrants and represents to the other Party that:
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Page 19
(a) It has all requisite power, authority, licenses, permits, and franchises, corporate or
otherwise, to execute and deliver this Agreement and perform its obligations hereunder;
(b) Its execution, delivery, and performance of this Agreement have been duly authorized by,
or are in accordance with, as to Ameresco, its organic instruments and, as to Customer, by
all requisite action and are not in breach of any applicable law, code or regulation; this
Agreement has been duly executed and delivered by the signatories so authorized, and
constitutes each Party's legal, valid and binding obligation;
(c) Its execution, delivery, and performance of this Agreement shall not result in a breach or
violation of, or constitute a material default under, any agreement, lease or instrument to
which it is a party or by which it or its Properties may be bound or affected; and
(d) It has not received any notice, nor to the best of its knowledge is there pending or threatened
any notice of any violation of any applicable laws, ordinances, regulations, rules, decrees,
awards, permits or orders which would materially adversely affect its ability to perform
hereunder;
(e) The persons executing this Agreement are fully authorized by law to do so; and
(f) In addition, Customer warrants and represents to Ameresco that Customer has obtained or
shall obtain Customer's Development Approvals, as set forth on Schedule 2, prior to
issuance of the Notice to Proceed and has obtained or shall obtain all necessary
Governmental Approvals, , legal, administrative and any other approval necessary for it to
enter into this Agreement.
SECTION 26 Independent Contractor
Nothing in this Agreement shall be construed as reserving to Customer any right to exercise any
control over or to direct in any respect the conduct or management of business or operations of
Ameresco. The entire control or direction of such business and operations shall be in and shall
remain in Ameresco, subject only to Ameresco's performance of its obligations under this
Agreement. Neither Ameresco nor any person performing any duties or engaged in any work on
the Property on behalf of Ameresco shall be deemed an employee or agent of Customer.
Nothing in this Section shall be deemed to be a waiver of Customer's right to use its Property.
Customer and Ameresco are independent of one another and shall have no other relationship
relating to or arising out of this Agreement. Neither Parry shall have or hold itself out as having
the right or authority to bind or create liability for the other by its intentional or negligent act or
omission, or to make any contract or otherwise assume any obligation or responsibility in the name
of or on behalf of the other Parry.
SECTION 27 Additional Representations and Warranties of Customer
Customer hereby warrants and represents to Ameresco that:
(a) Customer intends to continue to use the Property in a manner reasonably similar to its
present use;
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Page 20
(b) Customer does not contemplate any changes to the electrical and thermal consumption
characteristics of the Property except as may have been disclosed to Ameresco by
Customer in writing prior to the execution of this Agreement;
(c) Customer has provided Ameresco with all records heretofore requested by Ameresco; and
(d) Customer has not entered into any other agreements or understandings for the Property
with persons or entities other than Ameresco regarding the provision of the Scope of
Services.
SECTION 28 Negligent/Wrongful Acts
To the extent allowed by law, it is understood and agreed that neither Party to this Agreement shall
be liable for any negligent or wrongful acts, either of commission or omission, chargeable to the
other, unless such liability is imposed by law, and that this Agreement shall not be construed as
seeking to either enlarge or diminish any obligation or duty owed by one Party against the other or
against third parties.
SECTION 29 Further Documents and Events
The Parties shall execute and deliver all documents and perform all further acts that may be
reasonably necessary to effectuate the provisions of this Agreement, in that regard, it being
understood and agreed that Ameresco covenants and agrees to execute or procure the execution of
all documents reasonably required to release any lien held by Ameresco or its assignees upon the
termination of this Agreement and payment of all amounts required to be paid by Customer to
Ameresco, pursuant to this Agreement.
It being further understood that Customer also agrees to execute all documents which may be
reasonably required for Ameresco to obtain all licenses, permits and governmental approvals
required by Ameresco for installation and operation of the System. Ameresco's obligations
hereunder are also subject to obtaining all such licenses, permits and governmental approvals as
are required to perform its obligations under this Agreement. Ameresco agrees that Customer shall
have the right to all environmental, energy, tax, financial, and electrical -related attributes, rights,
credits, deductions, benefits and characteristics associated with or arising out of the transactions
contemplated by this Agreement or associated with the System or with the energy, capacity or other
electrical savings created under this Agreement, howsoever created or recognized in the United
States, any political subdivision thereof or any foreign jurisdiction (other than dollar savings
realized by Customer from reductions in Customer's energy use or other operating costs).
Ameresco shall provide Customer all reasonable assistance in perfecting its rights to such attributes,
rights, credits, benefits and characteristics. Ameresco's obligations hereunder are subject to
obtaining all such required licenses, permits and governmental approvals.
Ameresco shall require that its contractors and subcontractors in connection with this Project pay
the rate of wages for workmen required for any work or construction to comply with the
Department of Labor for the state of Minnesota.
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SECTION 30 Third Party Beneficiaries
Except as may be specifically provided for in this Agreement, the Parties hereto do not intend to
create any rights for, or grant any remedies to, any third party beneficiary of this Agreement.
SECTION 31 Notifications of Governmental Action _ Occupational Safety and
Health
The Parties agree to notify each other as promptly as is reasonably possible upon becoming aware
of an inspection under, or any alleged violation of, the Occupational Safety and Health Act or any
other provision of federal, state or local law, relating in any way to the undertakings of either Party
under this Agreement.
SECTION 32 References
Unless otherwise stated, all references to a particular Attachment or to Attachments herein are to
the referenced Attachment or Attachments which are attached to this Agreement and all such
referenced Attachments are incorporated by reference within this Agreement. All references herein
to a Section shall refer to a Section of this Agreement unless this Agreement specifically provides
otherwise.
IN WITNESS WHEREOF, the duly authorized officers or representatives of the Parties have set
their hand on the date first written above with the intent to be legally bound.
CITY OF HUTCHINSON, MN AMERESCO, INC.
By:
Authorized Signature
Name:
Title:
By:
Authorized Signature
Name:
Title:
Confidential & Proprietary Information of Ameresco, Inc.
By:
Authorized Signature
Name: Louis P. Maltezos
Title: Executive Vice President
Page 22
SCHEDULE 1
DEFINITIONS
1.1 Defined Terms. Capitalized terms used in this Agreement without other definition
shall have the meanings specified in this Schedule 1, unless the context requires otherwise.
"Annual System Degradation Factor" means the factor expressed in percent by which
the Guaranteed Annual Electric Output of the System shall decrease from one Guarantee Year to
the next Guarantee Year as set forth in Attachment C.
"Change Order" means a written order in the form attached here to as Attachment F signed
by Customer and Ameresco authorizing a change in the Work (in the form of an addition, deletion
or revision to the Work after the Effective Date) or an adjustment in the Contract Cost or schedule
for performance or delivery of the Work.
"Commercial Operation" means that the System is capable of producing Electricity, is
ready for regular, daily operation, has approval to interconnect to the LDC system, and has all
relevant Governmental Approvals.
"Commercial Operation Date" means the first day on which the System commences
Commercial Operation, as certified in writing by Ameresco to Customer in the Notice of
Commercial Operation.
"Customer Development Work" means the Customer Development Work listed on
gche,dule, %
"Data Acquisition System" or "DAS" means the data acquisition system installed as part
of the System.
"Delivery Point" means the point at which the System is interconnected to Customer's
intertie with the LDC. The Delivery Point shall in all cases be on the Customer's side of the LDC
electric meter.
"Design Documents" means the package of system descriptions, shop drawings, models,
designs, specifications, calculations, notes, permitted drawings, documents required to be
submitted in connection with the Governmental Approvals, or similar materials, documents or
similar information obtained or prepared by Ameresco in accordance with the terms of this
Agreement or in connection with the Work.
"Development Report" shall have the meaning set forth in the Recitals.
"Electricity" means the actual and verifiable amount of electricity generated by the System
and delivered to Customer at the Delivery Point, as metered in whole kilowatt-hours (kWh) at the
DAS and that conforms to Applicable Legal Requirements.
"Equipment" means all of the equipment, materials, spare parts, machinery, apparatus,
structures, supplies and other appurtenances and goods incorporated into the System. Equipment
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shall not include any equipment, materials, apparatus or tools owned by Ameresco or any
subcontractor that are used to complete the Work but are not contemplated under this Agreement
to become part of the Work.
"Guaranteed Annual Electric Output" means the minimum amount of Electricity that is
guaranteed by the Ameresco to be generated by the System in each Guarantee Year, as set forth in
Attachment C, as adjusted for actual, measured solar insolation or as otherwise provided in the
Agreement.
"Governmental Approvals" means all authorizations, consents, licenses, leases, rulings,
certifications, registrations, exemptions, permits, certificates, and approvals from any
Governmental Authority.
"Governmental Authority" means any federal, state or local government, any political
subdivision thereof, or any governmental, quasi -governmental, judicial, public or statutory
instrumentality, public or private utility, administrative agency, authority, body or other entity
having jurisdiction over the performance of the Work, the System or its operations, or the health,
safety or environmental conditions of the Property or the Site or otherwise over the Parties.
"Guarantee Period" shall have the meaning set forth in Section 5.
"Guarantee Year" means a 365 -day period commencing on the Commercial Operation
Date, and each subsequent 365 -day period thereafter during the Guarantee Period.
"Hazardous Materials" means those substances defined, classified, or otherwise
denominated as a "hazardous substance", "toxic substance", "hazardous material", "hazardous
waste", "hazardous pollutant", "toxic pollutant" or oil in the Applicable Legal Requirements or in
any regulations promulgated pursuant to the Applicable Legal Requirements.
"LDC" means the local electric distribution company that provides electric distribution
and interconnection services to Customer.
"LDCSystem" means the electric distribution system operated and maintained by the LDC.
"Notice to Proceed" means the written notice to be delivered to the Ameresco by Customer
instructing Ameresco to commence the Work in the form of Attachment E hereto.
"Production Overage" shall have the meaning set forth in Attachment C.
"Production Shortfall" means the amount, expressed in kWh, by which the actual amount
of Electricity delivered by the System in any Guarantee Year, based on meter readings of the DAS
as provided in Section 13, is less that the Guaranteed Annual Electric Output for that Guarantee
Year.
"Project" means, generally, the design and construction of the System by Ameresco under
this Agreement.
"Project Guarantee" shall have the meaning set forth in Section 6(a).
"Property" has the meaning set forth in the Recitals.
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"Scope of Services" has the meaning set forth in Section 1.
"Specified Rate" means the rate specified in Attachment C for the relevant Guarantee Year
for purposes of calculating a Shortfall Payment.
"Site" means the location of the System on the Property as further described in
Attachment A.
"Substantial Completion" has the meaning set forth in Section 4.
"Substantial Completion Certificate" means the form attached hereto as Attachment D(2).
"Shortfall Payment" shall have the meaning set forth in Section 6(b).
"System" means the solar electric generating facility consisting of the System Assets, as
defined in Section 1(a).
"System Assets" means each and all of the assets of which the System is comprised,
including solar energy panels, mounting systems, tracking devices, inverters, integrators and other
related equipment and components installed at the Premises, electric lines and conduits required to
connect such equipment to the Delivery Point, protective and associated equipment, improvements,
the DAS, and other tangible and intangible assets, permits, property rights and contract rights
reasonably necessary for the construction, operation, and maintenance of the System.
"System Loss" means loss, theft, damage or destruction of the System or any portion
thereof that prevents or limits the System from operating in whole or in part, resulting from or
arising out of any cause (including casualty, condemnation or Force Majeure).
"Warranty Period" has the meaning set forth in Section 9.
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SCHEDULE 2
CUSTOMER'S DEVELOPMENT WORK
Prior to the issuance of the Notice to Proceed, Customer shall complete the following work
for the Project:
1. Secure all necessary internal approvals for installation of the System in
the location specified in Attachment A;
2. Confirm with the City of Hutchinson Utilities Commission that the
System will be allowed to interconnect to the electrical switchgear at the
Customer's Waste Water Treatment Plant located 1300 Adams St SE,
Hutchinson, MN;
3. Obtain a waiver from the Minnesota Office of Management and Budget
("OMB") permitting the use of the Site for the Project notwithstanding
the terms of the existing emergency operations grant from OMB to the
Customer; and
4. Obtain any and all approvals required from the Minnesota Pollution
Control Agency ("MPCA") for the construction, installation,
maintenance, operation, removal, repair, replacement, and the like of the
System and the Project, including without limitation (i) all necessary
approvals from the Voluntary Industrial Cleanup Program of the MPCA
and (ii) approval by the MPCA of the Construction Contingency Plan.
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EXECUTION VERSION
SOLAR FACILITY OPERATION AND MAINTENANCE AGREEMENT
This SOLAR FACILITY OPERATION AND MAINTENANCE AGREEMENT
("Agreement") is entered into as of December _, 2014 ("Effective Date") between Ameresco, Inc., a
Delaware corporation, with an address of 111 Speen Street, Suite 410, Framingham, MA 01701 (together
with its successors and assigns, "Ameresco") and City of Hutchinson, Minnesota with an address of 111
Hassan Street, Hutchinson, MN 55350 (together with its successors and assigns, the "Customer").
RECITALS
WHEREAS, Customer has entered into an Energy Services Agreement with Ameresco for
the design, construction and installation of a ground -mounted solar electrical energy facility which will be
owned, operated and maintained by Customer and situated on a single parcel of land South West of
Adams Street in Hutchinson, Minnesota on property owned by the Customer;
WHEREAS, Customer requests Ameresco to perform certain operations and maintenance
functions as described herein; and
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties hereto
hereby agree as follows:
ARTICLE 1. DEFINITIONS
As used in the attached Agreement, the following terms shall have the meanings set forth
below. The singular shall include the plural. "Includes" or "including" shall mean "including, but not
limited to".
"Additional Service Fee" has the meaning given in Section 3.1(b).
"Additional System Services" are those services identified on Exhibit A as "Additional
System Services" and any services which are not included in Basic System Services.
"Affiliate" of a specified Person means any Person that directly or indirectly through one or
more intermediaries controls, is controlled by, or is under common control with, such specified Person.
As used in this definition of Affiliate, the term "control' of a specified Person including, with correlative
meanings, the terms, "controlled by" and "under common control with," means (a) the ownership, directly
or indirectly, of 50% or more of the equity interest in a Person or (b) the power to direct or cause the
direction of the management and policies of a Person, whether through ownership of voting securities, by
contract or otherwise.
"Agreement" means this Solar Facility Operation and Maintenance Agreement as it may be
amended, supplemented, modified and/or restated from time to time.
"Annual Reports" has the meaning given in Section 2.4(a).
"Applicable Law" shall mean any constitutional provision, law, statute, rule, regulation,
ordinance, order, decree, judgment, injunction, permit, governmental approval, consent or requirement of
Governmental Authority having jurisdiction over and applicable to the Parties, the Site, the Basic System
AMRC Draft Rev 8.2014
Services, the Additional System Services and the interconnection of the System to the local distribution
system.
Exhibit A.
"Basic System Services" means those services identified as "Basic System Services" on
"Basic Service Fee" has the meaning given in Section 3.1(a).
"Business Day" means a day (other than a Saturday or Sunday) on which banks are
generally open in Boston, Massachusetts for normal business.
"Commencement Date" means the date on which Ameresco commences performance of the
System Services.
operations.
"Commercial Operation Date" shall mean the date the System is placed into commercial
"Customer" has the meaning given in the preamble of this Agreement.
"Dispute" has the meaning given in Section 5.9.
" Ener2y Services Agreement" means the Energy Services Agreement of even date herewith
between Ameresco and Customer, pursuant to which Ameresco will design, construct and install the
System.
"Equipment" means all equipment, apparatus, materials, articles, components, raw materials,
parts, structures and any other equipment or items comprising or otherwise installed and forming a part of
the System.
"Force Maieure" means the occurrence of any act or event beyond the reasonable control of
the Parry affected that prevents the affected Party from performing its obligations under this Agreement,
in full or part, if such act or event is beyond the reasonable control of, and not the result of the fault or
negligence of, the affected Party and such Parry has been unable to overcome such act or event with the
exercise of due diligence (including the expenditure of reasonable sums), including the following:
drought, flood, earthquake, landslide, fire, lightning, epidemic, war, not, civil disturbance, sabotage,
terrorism, accident, or restraint, order or decree by a Governmental Authority, labor strikes, work
stoppages, boycotts, walkouts and other labor difficulties ("Labor Disputes") that are national or regional
in nature; provided, however, that Labor Disputes specific to the Site involving Ameresco's (or its
Affiliate's) or any Subcontractor's on -Site employees shall not constitute an event of Force Majeure.
"Governmental Authority" shall mean any national, regional, town, city, or municipal
government, or other administrative, regulatory or judicial body of any of the foregoing.
"Hazardous Materials" shall mean any chemical, material or substance in any form,
whether solid, liquid, gaseous, semisolid, or any combination thereof, whether waste material, raw
material, chemical, finished product, byproduct, or any other material or article, that is defined, listed or
regulated or as to which liability could be imposed, under Applicable Law as a "hazardous" or "toxic"
substance or waste or material, or as a "pollutant" or contaminant," (or words of similar meaning or
import) or is otherwise listed or regulated, or as to which liability could be imposed, under applicable
Laws; including without limitation, petroleum products, petroleum derived substances, radioactive
materials, asbestos, asbestos containing materials, polychlorinated biphenyls, urea formaldehyde foam
2
insulation, and lead -containing paints or coatings, including without limitation any "hazardous substance"
or "petroleum" as defined in the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended (42 U.S.C. §§ 9601, et seq.), the Hazardous Materials Transportation Act, as
amended (49 U.S.C. §§ 1801, et seq.), "hazardous wastes" as defined in the Resource Conservation and
Recovery Act, as amended (42 U.S.C. §§ 9601, et seq.), "toxic substances" as defined in the Toxic
Substance Control Act as amended (15 U.S.C. §§ 2601 et seq.) and in the regulations adopted, published,
and promulgated pursuant thereto, or in any other Laws.
"Industry Standards" shall mean the practices, methods and acts engaged in or approved by
a significant portion of the solar energy industry, including standards of the National Electrical Code, that
at a particular time in performing services of a similar nature in jurisdictions in which the System
Services will be performed, in the exercise of reasonable judgment in light of the facts known or that
reasonably should have been known at the time a decision was made, would have been expected to
accomplish the desired result in a manner consistent with Applicable Law, safety and environmental
protection. Industry Standards are not intended to be limited to optimum practice or methods to the
exclusion of all others, but rather to be a spectrum of reasonable and prudent practices and methods that
must take the conditions specific to any given facility into consideration.
"Insolvent" means (i) a Party shall file a voluntary petition in bankruptcy or shall be
adjudicated as bankrupt or insolvent, or shall file any petition or answer or consent seeking any
reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself
under the present or future applicable federal, state or other statute or law relative to bankruptcy,
insolvency or other relief for debtors, or shall seek or consent to or acquiesce in the appointment of any
trustee, receiver, conservator or liquidator of such party or of all or any substantial part of its properties
(the term "acquiesce", as used in this definition, includes the failure to file a petition or motion to vacate
or discharge any order, judgment or decree within thirty (30) days after entry of such order, judgment or
decree); (ii) a court of competent jurisdiction shall enter an order, judgment or decree approving a petition
filed against a Party seeking a reorganization, arrangement, composition, readjustment, liquidation,
dissolution or similar relief under the present or any future federal bankruptcy act, or any other present or
future applicable federal, state or other statute or law relating to bankruptcy, insolvency or other relief for
debtors, and such party shall acquiesce and such decree shall remain unvacated and unstayed for an
aggregate of ninety (90) days (whether or not consecutive) from the date of entry thereof, or a trustee,
receiver, conservator or liquidator of such parry shall be appointed with the consent or acquiescence of
such party and such appointment shall remain unvacated and unstayed for an aggregate of ninety (90)
days, whether or not consecutive; (iii) a Parry shall admit in writing its inability to pay its debts as they
mature; (iv) a Party shall give notice to any governmental body of insolvency or pending insolvency, or
suspension or pending suspension of operations; or (v) a Party shall make an assignment for the benefit of
creditors or take any other similar action for the protection or benefit of creditors.
"Lien" means any interest, mortgage, attachment, claim, lien, charge (fixed or floating),
pledge, option, right to acquire, right of pre-emption, assignment by way of security or trust arrangement
for the purpose of providing an interest of any kind (including any retention arrangement) or any other
encumbrance having similar effect, or any agreement to create any of the foregoing.
"Manuals" means the operation and maintenance procedures manuals prepared from time to
time by Ameresco or the manfacturer (acting reasonably) and approved by Customer in respect of the
System.
"Operating Year" means each consecutive twelve-month period beginning with the
Commercial Operation Date.
"Ameresco" has the meaning given in the preamble to this Agreement, or its permitted
successors and assigns in accordance with Section [*].
"Parties" means Ameresco and Customer.
"Party" means either Ameresco or Customer.
"Site" means the premises on which the System is located but only to the extent of the area
where the System is located.
"Subcontract" means a subcontract under which Ameresco subcontracts any of its
obligations under this Agreement.
"Subcontractor" means any person to whom Ameresco subcontracts any of its obligations
under this Agreement, including the suppliers and any person to whom such obligations are further
subcontracted of any tier.
"System" means the ground -mounted solar photovoltaic system constructed under the
Energy Services Agreement located at the Site.
"System Services" means, collectively, the Basic System Services and the Additional
System Services.
"Term" has the meaning given in Section 4.1(a).
"Termination Date" means the date at which this Agreement ends.
"Termination Notice" has the meaning given in Section 4.2(d).
ARTICLE 2. SYSTEM SERVICES
Section 2.1 En2a2ement of Ameresco
Commencing on the Commencement Date, Customer hereby engages Ameresco to perform
the Basic System Services in accordance with the provisions of this Agreement. The Commencement
Date of Ameresco's performance of the System Services shall be memorialized in writing by virtue of the
notice of Commercial Operation issued to Customer by Ameresco under the Energy Services Agreement.
Section 2.2 Additional System Services
Customer may submit to Ameresco a written request for services in addition to the Basic
System Services. If Ameresco is reasonably capable of providing and is licensed to provide such
Additional System Services, Ameresco shall respond to the written request with its pricing for such
Additional System Services. Ameresco shall not perform Additional System Services without the written
agreement of Customer to the price of the Additional System Services. From time to time during the
Term, Ameresco may recommend to Customer that certain Additional System Services be provided by
Ameresco, and in such event, the Customer may authorize in writing Ameresco to perform such work.
Ameresco shall have no obligation to perform Additional System Services until each Party has agreed in
writing to such Additional System Services.
Section 2.3 Standards of Performance. Ameresco shall perform the System Services in
a good and workmanlike manner in accordance with all Applicable Laws and the written guidelines of
Equipment manufacturers given to Ameresco. With respect to any operation and maintenance of the
electrical components of the System, Ameresco warrants to Customer that such operation and
maintenance services shall be performed consistent with Industry Standards. EXCEPT AS SET FORTH
IN THIS AGREEMENT, AMERESCO MAKES NO REPRESENTATIONS OR WARRANTIES,
EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE
SERVICES OR THE SYSTEM OR ANY EQUIPMENT.
Section 2.4 Subcontracts
Ameresco may enter into subcontracts for any of the System Services; provided, that (a)
Ameresco may only subcontract to persons and entities that are licensed (if applicable) and qualified to
perform the System Services requested, and (b) Ameresco must provide notice of any subcontracts and
subcontractors to Customer if the Subcontract value is over $50,000.
Section 2.5 Personnel Standards
Ameresco shall provide all labor and professional, supervisory and managerial personnel as are
required to perform the System Services hereunder. Such personnel shall be qualified and experienced in
the duties to which they are assigned. Ameresco shall retain sole authority, control and responsibility
with respect to its employees and subcontractors in connection with the performance of its obligations
hereunder.
Section 2.6 Annual Reports
Throughout the Term, Ameresco shall furnish to Customer, annual maintenance and inspection
reports for the System (the "Annual Reports") for each Operating Year within 60 calendar days after the
end of the Operating Year. Each Annual Report shall include a summary of (i) maintenance performed
by Ameresco during such year; (ii) reports of any environmental or Site disturbances observed by
Ameresco; (iii) safety/accident reports; (iv) Additional System Services performed by Ameresco during
such period; (v) maintenance and inspection reporting; and (vi) any proposal of recommended
maintenance for the upcoming year including cost estimates. Ameresco shall be given access to the data
acquisition and monitoring system in order to prepare all reports required hereunder.
Section 2.7 Costs and Expenses. Customer shall bear all costs and expenses for the
acquisition and storage of replacement materials, equipment, components, parts and supplies with respect
to the System Services. Title to all spare parts, equipment and supplies provided by or supplied by
Ameresco in connection with the rendering of the System Services shall transfer to Customer upon
payment to Ameresco.
Section 2.8 General Obligations of Customer
(a) Right of Access. Throughout the Term, the Customer shall ensure that Ameresco
and its authorized agents, employees or subcontractors (i) have sufficient and adequate access to the
System and to any of the electrical panels or electrical interconnection infrastructure as may be necessary
to provide all System Services, and (ii) have sufficient and adequate rights of ingress and egress to and
from the Site and System for Ameresco to perform the System Services. Customer shall be responsible
for the security of the System. The Customer shall be responsible for preventing unauthorized access to
the System.
(b) Utility Service; Data Service. The Customer will, at its expense, maintain all
utility or other third party communication services, data lines, data connections or services required for
operation of the System and required by the local utility serving the Site.
(c) Duty to Cooperate. The Customer will take actions reasonably requested by
Ameresco or the local utility to facilitate Ameresco's performance of the System Services.
(d) Other. The Customer shall obtain and comply with all necessary authorizations,
construction licenses, interconnection requirements, utility authorizations, interconnection agreements,
certificates, permits that are held by owners of solar photovoltaic systems and necessary for Customer's
ownership of the System and for Ameresco to be able to perform the System Services, other than those
specifically required for operation and maintenance services. Customer shall provide to Ameresco all
drawings, models, specifications, plans and other documents prepared with respect to the System
including all civil engineering, structural, instrumentation, control, mechanical, electrical, plumbing, fire
protection and safety system design and engineering documents.
Section 2.9 Representatives. Each Party shall designate a representative in all matters
relating to this Agreement. Either Party may change its designated representative by written notice to the
other Parry.
ARTICLE 3. SERVICE FEES
Section 3.1 Basic Service Fee.
(a) As compensation for provision of the Basic System Services by Ameresco,
Customer shall pay the fee set forth on Exhibit A (the "Basic Service Fee").
(b) Customer shall compensate Ameresco for provision of the Additional System
Services on a time and materials basis, based on Ameresco's then -current Billing Rate Schedule (hourly
rates, truck charges, environmental fees and current equipment and parts prices) (the "Additional Service
Fees"). Ameresco shall provide a copy of these rates to Customer upon request and the fees and
Additional Services shall be subject to mutual agreement.
(c) Customer shall pay Ameresco the Basic Service Fee quarterly at the end of each
quarter for each Operating Year within thirty (30) days after receipt of an invoice from Ameresco.
Customer shall pay Ameresco any Additional Service Fees within thirty (30) days of invoice for such
fees.
Section 3.2 Late Payments. Overdue payment obligations of Customer hereunder shall
accrue interest each day from the date due until the date paid at a rate per annum equal to the rate
published by the Wall Street Journal as the "prime rate" on the date on which such interest begins to
accrue plus three percent (3%) per annum, computed and compounded daily. If Ameresco is prohibited
by law from charging interest at said rate but is instead limited by law to charging a maximum rate which
is a lower rate, Ameresco shall charge interest at said lower rate. In addition Customer shall pay an
administrative late fee of one hundred dollars for each late payment.
Section 3.3 Disputed Payments. In the event that Customer disputes any portion of an
invoice submitted by Ameresco, Customer shall pay the undisputed portion thereof when due and shall
provide Ameresco with a written notice of such dispute including the amount in dispute and the basis for
such dispute ("Dispute Notice") within ten Business Days of receipt of such invoice. If a Dispute Notice
is timely given, Ameresco and Customer shall work in good faith the resolve the dispute. In the event
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Ameresco and Customer are unable to agree on a resolution of the disputed amounts within thirty days
after Ameresco's receipt of the Dispute Notice, either Party may pursue legal action.
Section 3.4 Taxes. Customer shall pay any taxes associated with income generated by
the System, as well as any real property taxes or personal property taxes levied upon the System or with
respect to the Site. Ameresco is not responsible for any sales taxes on the sale of electricity generated by
the System.
ARTICLE 4. TERM
Section 4.1 Term
(a) The term of this Agreement (the "Term") will commence on the Commencement
Date and, unless terminated earlier under the terms of this Agreement, will expire at the end of the
Eighteenth (18th) Operating Year. Either Ameresco or Customer shall have the right to terminate this
Agreement for convenience at the end of an Operating Year by providing at least 60 days written notice to
the other Party prior to the end of the preceding Operating Year.
(b) Termination of this Agreement prior to the expiration of any Operating Year shall
be without prejudice to Ameresco's right to receive a proportional amount of the fees that have accrued up
to the date of termination.
(c) The Parties may, upon negotiating mutually satisfactory conditions, extend the
Term of this Agreement for additional terms or as otherwise mutually agreed to by the Parties. Neither
Party shall be under any compulsion to extend the Term.
Section 4.2 Termination on Default
(a) By Customer. Customer may terminate this Agreement if (i) Ameresco becomes
Insolvent; or (ii) Ameresco fails to perform any of its material obligations under this Agreement, which
failure is not remedied within thirty (3 0) calendar days of written notice of such failure from Customer to
Ameresco; provided however that Customer may not terminate this Agreement pursuant to clause (ii) if,
during such thirty -day period, Ameresco shall have commenced and is diligently pursuing the remedy of
such failure; or (iii) damage to or destruction of the System cannot reasonably be expected to be repaired
or rebuilt within one hundred eighty days. Ameresco shall be entitled to payment of all fees owed to
Ameresco prior to the date of termination.
(b) By Ameresco. Ameresco may terminate this Agreement if (i) the Customer fails to
pay to Ameresco any amounts due under this Agreement and such failure continues for five (5) calendar
days after written notice of such failure from Ameresco to Customer, except to the extent such amounts
are being disputed by Customer in good faith pursuant to the provisions of Section 3.3; or (ii) material
breach by Customer of any of its obligations under this Agreement (other than a failure described in item
(i) above), which breach is not remedied within thirty (30) calendar days of written notice of such failure
from Ameresco to Customer, or (iii) the Customer becomes Insolvent.
(c) By Either Party. In the event the Commencement Date does not occur within 365
days after the Effective Date of this Agreement, either Party may terminate this Agreement upon written
notice to the other Party without further liability.
(d) Pre -Termination Rights. Termination of this Agreement shall not affect any
rights or obligations as between the Parties which may have accrued prior to such termination or which
7
expressly are intended to survive termination whether resulting from the event giving rise to termination
or otherwise.
(e) Upon termination of this Agreement, Ameresco will remove its personnel, property
and equipment from the Site. All tools, supplies, Manuals, operating logs, records and reports and any
other items furnished and paid for under this Agreement shall be left at a designated location.
Section 4.3 Access to Data and Meters. The Customer will allow Ameresco access to
and grants to Ameresco a non-exclusive, revocable, royalty -free license to collect use reproduce and
prepare derivative works based on (a) any data relating to the electricity production of the System and (b)
any data relating to the weather conditions at the Site. Ameresco shall be entitled to use the foregoing
data for its internal purposes and make such data available to third parties for analysis to Ameresco to
assist in performing Ameresco's obligations under this Agreement.
Section 4.4 Insurance and Indemnities
(a) Ameresco Insurance.
Ameresco shall procure and maintain, or shall cause its subcontractors to procure and to
maintain, in full force and effect while this Agreement is in effect with responsible insurance providers
the insurance required by Section 14 of the Energy Services Agreement.
(b) Customer Insurance.
(i) Customer shall procure and maintain in full force and effect while this
Agreement is in effect with responsible insurance providers the following insurance in at least the
minimum amounts specified below. The procurement and maintenance of such insurance shall be at
Customer's own expense.
(A) Commercial General Liability. Commercial general liability insurance,
occurrence form, including, but not limited to, contractual coverage for all of the provisions of
this Agreement, with limits of not less than $1,500,000 per occurrence and $1,500,000 in the
aggregate;
(B) "All Risk" Property insurance, including physical damage, property damage and
business interruption with commercially reasonable sublimits and deductibles as determined by
the Customer;
(C) Automobile liability insurance, including vehicles owned, hired and non -owned,
with a combined single limit of not less than $1,500,000 per accident;
(D) If Customer has employees, Workers' Compensation insurance in compliance
with appropriate federal and state laws, and Employers Liability Insurance with limit of not less
than $1,000,000 per accident or disease for each employee; and $1,000,000 disease policy limit;
(E) Excess liability insurance, Umbrella Form shall carry coverage in excess of the
limits provided for in the above policies (except Workers Compensation), with a limit of not less
than $2,000,000.
N.
Ameresco shall be furnished with satisfactory evidence that the foregoing insurance is in effect,
and Ameresco shall be notified thirty (30) days prior to the cancellation or material change of any such
coverage. Ameresco and its affiliates shall be named as additional insureds under the coverages required
by this Section 4.4(b). Customer shall be responsible for insuring the physical assets by purchasing or
otherwise acquiring and maintaining its own physical damage and property damage insurance as Customer
deems necessary or appropriate to protect Customer and the host customer under the power purchase
contract (to the extent such protection is required thereunder) against claims and damages.
Customer's insurance coverage shall be primary coverage without right of
contribution from any other insurance carried by Ameresco. Insurance maintained by Ameresco is for the
exclusive benefit of Ameresco and shall not inure to the benefit of Customer. All policies procured by
Customer shall require the insurer to waive subrogation against Ameresco.
(c) Ameresco Indemnification. Ameresco shall fully indemnify, and at Ameresco's
option defend, Customer, its successors and permitted assigns, and their respective affiliates, officers,
directors, employees from and against any and all liabilities, demands, proceedings, damages, costs,
claims, and expenses (including reasonable legal fees) incurred by Customer in connection with or arising
from any claim by a third party for physical damage to or physical destruction of property, or death of or
bodily injury to any person (regardless of whether a third party), but only to the extent caused by the
negligence or willful misconduct of Ameresco or its agents or employees or others under Ameresco's
control.
(d) Customer Indemnification. Customer shall fully indemnify and, at Customer's
option defend, Ameresco, its successors and permitted assigns, and their respective affiliates, officers,
directors, employees from and against any and all liabilities, demands, proceedings, damages, costs,
claims, and expenses (including reasonable legal fees) incurred by Ameresco in connection with or
arising from any claim by a third party for physical damage to or physical destruction of property, or
death of or bodily injury to any person (regardless of whether a third party), but only to the extent caused
by the negligence or willful misconduct of Cusotmer or its agents or employees or others under
Customer's control.
(e) Net of Insurance Benefits. Any recovery under this Section 4.4 shall be limited to
the amount of actual out-of-pocket damages sustained by the indemnified party, net of insurance
recoveries from insurance policies of the indemnified parties.
Section 4.5 Limitation of Liability
IN NO CIRCUMSTANCE SHALL OPERATOR OR COMPANY OR ANY OF THEIR RESPECTIVE
OFFICERS, MEMBERS OR EMPLOYEES BE LIABLE FOR PUNITIVE, INDIRECT,
CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY NATURE INCLUDING, BUT NOT
LIMITED TO, (I) DAMAGES FOR LOST PROFITS OR REVENUES OR THE LOSS OR USE OF
SUCH PROFITS OR REVENUE, (11) LOSS BY REASON OF PLANT SHUTDOWN OR INABILITY
TO OPERATE AT RATED CAPACITY, (111) INCREASED OPERATING EXPENSES OF PLANT OR
EQUIPMENT, (IV) DAMAGES TO REPUTATION, OR (V) DAMAGES FOR LOST
OPPORTUNITIES.
Ameresco's total liability to Customer under this Agreement shall not exceed the sum of the
amount of payments received by Ameresco hereunder during the term of this Agreement; provided that
such limitation shall not apply to bar Customer's right of recovery of proceeds of insurance, if any, which
Ameresco is required to maintain pursuant to Section 4.4 of this Agreement, in the event of personal
injury or property damage resulting from Ameresco's negligence or willful misconduct.
I
Section 4.6 Force Maieure Event
(a) Except for the obligation of either Party to make payment under this Agreement,
neither Party shall be considered to be in default of its obligations under this Agreement when and to the
extent that performance of such obligations is prevented by any Force Majeure.
(b) If either Party shall rely on the occurrence of a Force Majeure as a basis for being
excused from the performance of its obligations under this Agreement, then the Party relying on the event
or condition will (i) promptly notify the other Party; (ii) exercise commercially reasonable efforts to
continue to perform its obligations hereunder; (iii) take action within its reasonable control to correct or
cure the Force Majeure; and (iv) exercise all commercially reasonable efforts to mitigate damages to the
other Parry to the extent such action will not adversely affect its own interests.
(c) In the event that Ameresco is prevented from providing all or part of the System
Services as a result of a Force Majeure for a continuous period of one hundred and eighty (180) days,
either Party may terminate this Agreement.
Section 4.7 Environmental Liability.
Ameresco shall have no liability for and Customer agrees to indemnify, defend and hold
each Ameresco Indemnified Party harmless against and from, any and all damages, losses, liabilities,
claims, litigation, demands, proceedings, judgments, or suits of any kind or of any nature whatsoever
(including reasonable legal, consultant, expert fees incurred in investigating, defending against, settlement
or prosecuting any claim, litigation or proceeding) which may at any time be imposed upon, incurred by
or asserted or awarded against any Ameresco Indemnified Party arising out of or relating to the presence
of any Hazardous Materials which are (i) present on the Site prior to or after the commencement of
Ameresco's work, or (ii) improperly handled or disposed of by Customer or parties under Customer's
supervision (other than Ameresco or the owner of the Site) or (iii) brought on to the Site or produced
thereon by parties other than Ameresco, its subcontractor or parties under Ameresco's supervision.
"Ameresco Indemnified Party" means Ameresco, its officers, directors, shareholders, employees.
ARTICLE 5. MISCELLANEOUS
Section 5.1 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota without regard to principles of conflicts of law.
Section 5.2 Amendments. No amendment to this Agreement shall be binding on the
Parties unless set out in writing, expressed to vary this Agreement, and signed by authorized
representatives of each of the Parties.
Section 5.3 No Waiver. No provision of this Agreement shall be considered waived by
either Party except when such waiver is made in writing. The failure of either Party to insist, on one or
more occasions, upon strict performance of any of the provisions of this Agreement or to take advantage
of its rights hereunder or the delay or failure in exercising totally or partially any right or remedy under
this Agreement, shall not be construed as a waiver of any such provisions or the relinquishment of any
such rights or any other rights for the future, but the same shall continue and remain in full force and
effect.
Section 5.4 Successors and Assigns. No Party shall be entitled to assign this Agreement
or any of its rights or obligations under this Agreement without the prior written consent of the other
Party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, without consent
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from the other Parry (i) Ameresco shall be entitled to assign its rights and interests in this Agreement in
connection with a merger or acquisition of all or substantially all assets of the business or other corporate
transaction in any form affecting all or substantially all of Ameresco's business, and (ii) Customer may
assign its rights and interest in this Agreement to a purchaser of the entire System, provided such
purchaser is a creditworthy entity in Ameresco's reasonable judgment and that the System is not moved
or decommissioned by the purchaser.
Section 5.5 Representations and Warranties
(a) Representations and Warranties of Customer. Customer represents and
warrants to Ameresco that Customer possesses all requisite power and authority to enter into and perform
this Agreement and to carry out the transactions contemplated herein.
(b) Representations and Warranties of Ameresco. Ameresco represents and
warrants to Customer (i) Ameresco (A) is a corporation duly organized and existing in good standing
under the laws of the State of Delaware and is qualified to do business in the Commonwealth of
Massachusetts; and (B) possesses all requisite power and authority to enter into and perform this
Agreement and to carry out the transactions contemplated herein.
Section 5.6 Additional Documents and Acts. Each Party agrees to execute and deliver
such additional commercially reasonable documents and instruments as may be reasonably requested by
the other Party to effectuate, carry out and perform all of the terms, provisions, and conditions of this
Agreement and the transactions contemplated by this Agreement.
Section 5.7 Independent Contractors. Each Party is entering into this Agreement as an
independent contractor and nothing in this Agreement shall be interpreted or applied so as to make the
relationship of any of the Parties that of partners, joint ventures or anything other than independent
contractors.
Section 5.8 Notices. Any written notice, request, demand or other communication
required or permitted under this Agreement, shall be deemed to be properly given by the sender and
received by the addressee (a) on the date personally delivered; or (b) one (1) Business Day after being
delivered with a nationally recognized overnight courier. Notices shall be addressed to the Parties at the
addresses provided on the first page or at the most recent address specified by written notice to the other
Party.
Section 5.9 Dispute Resolution
(a) Any controversy, claim or dispute arising out of or relating to the interpretation,
construction, or performance of this Agreement, or breach thereof (a "dispute") shall be resolved only in
the manner specified in this Section.
(b) Subject to the provisions of Section 3.3 with respect to disputed payments, any
dispute between the Customer and Ameresco shall be resolved, if possible, by negotiations between duly
authorized representatives of the Customer and Ameresco. If the representatives of the Customer and
Ameresco are unable to resolve the dispute within twenty (20) days after submission to them, the Parties
may by mutual decision thereafter submit the dispute to non-binding mediation which, unless the parties
mutually agree otherwise, shall be in accordance with the Energy/Solar Industry Mediation Rules of the
American Arbitration Association currently in effect if no such division/area exists, then the Construction
Industry. The mediation shall be conducted by a single mediator agreed to by the parties (or, if the parties
fail to agree upon a single mediator within fifteen (15) days following the date that such dispute is
11
submitted to the American Arbitration Association, by a mediator appointed by the American Arbitration
Association). Each party shall bear its own attorney's fees and costs of the mediation and the parties shall
share in the fees and expenses of the mediator. The period within which the mediation shall be completed
shall not exceed sixty (60) days from the time the dispute arose. The Parties shall not be required to
mediate the dispute for more than a single day of mediation.
(c) Any dispute which is not resolved by mediation as provided for herein shall be
subject to litigation by either party in the federal or state courts in the State of Minnesota. The parties
hereto waive any argument that this venue is not appropriate or that the forum is inconvenient. Unless
ordered by the Customer to suspend all or a portion of the System Services hereunder, (a) Ameresco shall
proceed with the performance of the System Services which are not in dispute without any interruption or
delay during the pendency of any of the foregoing dispute resolution procedures and (b) the Customer
shall pay all amounts which are not in dispute during the pendency of any of the foregoing dispute
resolution procedures. Notwithstanding the foregoing, injunctive relief from a court may be sought
without resorting to alternative dispute resolution.
Section 5.10 Complete Agreement. This Agreement and any agreements executed by the
Parties on the date of this Agreement contain the whole agreement between the Parties relating to the
transactions contemplated by this Agreement and supersedes all previous agreements between the Parties
relating to these transactions. Each parry acknowledges that, in agreeing to enter into this Agreement, it
has not relied on any representation, warranty, collateral contract or other assurance (except those
repeated in this Agreement and any other agreement entered into on the date of this Agreement between
the Parties) made by or on behalf of any other parry at any time before the signature of this Agreement.
Each parry waives all rights and remedies which might otherwise be available to it in respect of any such
representation, warranty, collateral contract or other assurance.
Section 5.11 Headings. The table of contents and headings for each Article and Section
of this Agreement are inserted for convenience of reference purposes only and will not be deemed and are
not intended to limit, affect or expand on the meaning of the language contained in the particular Article
or Section or to constitute a part hereof, and will be of no force or effect in construing or interpreting any
of the provisions in this Agreement.
Section 5.12 Severability. The provisions contained in each section, subsection and
clause of this Agreement shall be enforceable independently of each of the others and their validity shall
not be affected if any of the others are invalid. If any of those provisions is void but would be valid if
some part of the provision were deleted, the provision in question shall apply with such modification as
may be necessary to make it valid.
Section 5.13 Multiple Counterparts. This Agreement and any amendments of this
Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but
all of which shall constitute one and the same instrument. A signature on a copy of this Agreement
received by either Party by facsimile or electronic transmission (in PDF format) is binding upon the other
Party as an original.
Section 5.14 Non -Recourse. Customer agrees that there shall be no personal liability on
the part of any directors, officers, shareholders, employees of Ameresco for the payment of any amounts
due hereunder, or the performance of any obligations hereunder.
12
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
AMERESCO, INC.
CITY OF HUTCHINSON, MN
By: By:
Name: Name:
Title: Title:
LM
Name:
Title:
Signature Page to Solar Facility Operation and Maintenance Agreement
EXHIBIT A
SCOPE OF SERVICES
PROPOSED SERVICE LOCATIONS:
Hutchinson Landfill Ground Mount: 1 100 Adams St SE, Hutchinson, MN
Description Price
Annual Preventative Maintenance Program $7,995
Term: 18 Years
Notes:
• *Price listed is first year price. 2% escalator will be applied annually for remaining term of
agreement.
• Transaction Services will be estimated on a case by case basis and are outside the scope of the
above proposal. In cases where sub -contractor is utilized, Contractor will provide the sub-
contractor estimate plus 15% on labor and 20% on materials.
As of the O&M contract commencement date, contractor shall provide the services checked below
at the frequency indicated in accordance with the terms and conditions of this agreement.
1
Annual Preventative Maintenance Reporting
REPORT DELIVERY TO SYSTEM OWNER Frequency
o Overalls stem analysis
Annual
o I-V Curve Trace Report for every string in the
system with performance ratios given at the
" _._.._
strin level
o System visu
Annual
accessible roof penetrations with photos
o Thermal image scans of all readily available
Annual
electrical gear
o Thermal image scans of array modules
Annual
o Itemized list of prescribed corrective
maintenance items with supporting images
Annual
and serial numbers
Annual Preventative Maintenance Site Visit
INVERTER ARE uenc
o Thermal image scans of all readily available
Annual
PV related gear
1
o
Volt in s of AC and DC at inverter
Annual
o
Cleaning interior of inverter and cleaning of
inverter filters with compressed air
Annual
o
All readily availatermin ions checked for
torque
Annual
o
Photos
Annual
D
Follow PV Powered Annual Maintenance
Requirements check list (replacement parts
are corrective
Annual
ELECTRICAL INTERCONNECTION
o
Visual and thermal image scan of this area
where possible without shutdown to building
or creating an unsafe work environment
CONDUIT RUNS
o
Visual inspection of PV system conduit runs
Annual
o
Spot check conduit coupler, connector,
straps, and strut for integrity
Annual
ARRAY LOCATION(S)
Visual scan of entire array with focus to
individual module level noting
o
Broken module glass
Annual
o
Racking damage
Annual
o
Loose racking and module clamps
Annual
o
Debris around or under array
Annual
o
Roof damage from PV racking
Annual
Spot checks of the following array items
where readily accessible
o
Ground bushings
Annual
o
Racking grounding
Annual
o
Module grounding
Annual
o
Combiner box grounding
Annual
o
Module clamp torques
Annual
DC string level testing
o
I-V Curve Trace on every string
Annual
o
String level Predicted vs. Measured
Annual
o Pmax W
Annual
o Vm V
Annual
o Imp A
Annual
o Voc V
Annual
o Isc A
Annual
o
Fuse continuity
Annual
o
All string terminations checked for torque
Annual
o
All combined output terminations checked
for torque
Annual
o
Irradiance and cell temperatures taken
during testing
Annual
EXHIBIT B
Classification of Services
The following chart summarizes and classifies the categories of services to be provided under this Agreement:
Description of Services
1) DAS Alarm Diagnostics
Contractor shall, solely upon request by Owner, remotely respond within one business day after being
contacted by Owner, to any DAS alarm as follows: (i) research the impact of such DAS alarm and the
requirements for intervention to resolve such alarm, and (ii) communicate and cooperate with Owner
regarding analysis thereof and determination of appropriate response thereto. No such DAS Alarm Diagnostics
request shall require more than 1 person -hour; any request for DAS Alarm Diagnostics in excess of two requests
per calendar month shall be deemed Additional Services and billed accordingly.
2) Investigative Site Visits
When instructed by Owner via email, Contractor shall perform Site Visits to investigate the cause of a DAS
alarm (" Investigative Site Visits"). Each Site Visit shall be deemed part of the Transactional Services hereunder.
Such Site Visit shall take place within 2 business days after being instructed by Owner.
3) Preventive Maintenance
a. See attached Exhibit A Scope of Services
4) Corrective Maintenance (Minor Defects)
Perform all corrective maintenance of the System relating to Minor Defects, including repairs and
replacements of Minor Equipment, within 10 business days of Owner's email request therefor. Corrective
Maintenance of Minor Defects shall be limited to two (2) person -hours per Preventive Maintenance visit. If the
Corrective Maintenance of Minor Defects requires more than two person -hours of work, those person hours shall
be deemed Additional Services and billed accordingly.
5) Cleaning
Perform each Cleaning as requested by Owner. "Cleaning" means washing and removing all material
from the surface of each solar panel in accordance with Industry Standards.
6) Corrective Maintenance (Major Defects)
1
System Services
Transactional
Services
Additional
Services
DAS Alarm Diagnostics
X
X
Investigative Site Visits
X
Preventive Maintenance
X
Cleaning
X
Corrective Maintenance (Minor
Defects
X
X
Corrective Maintenance
Major Defects
X
Warranty Services
X
X
Description of Services
1) DAS Alarm Diagnostics
Contractor shall, solely upon request by Owner, remotely respond within one business day after being
contacted by Owner, to any DAS alarm as follows: (i) research the impact of such DAS alarm and the
requirements for intervention to resolve such alarm, and (ii) communicate and cooperate with Owner
regarding analysis thereof and determination of appropriate response thereto. No such DAS Alarm Diagnostics
request shall require more than 1 person -hour; any request for DAS Alarm Diagnostics in excess of two requests
per calendar month shall be deemed Additional Services and billed accordingly.
2) Investigative Site Visits
When instructed by Owner via email, Contractor shall perform Site Visits to investigate the cause of a DAS
alarm (" Investigative Site Visits"). Each Site Visit shall be deemed part of the Transactional Services hereunder.
Such Site Visit shall take place within 2 business days after being instructed by Owner.
3) Preventive Maintenance
a. See attached Exhibit A Scope of Services
4) Corrective Maintenance (Minor Defects)
Perform all corrective maintenance of the System relating to Minor Defects, including repairs and
replacements of Minor Equipment, within 10 business days of Owner's email request therefor. Corrective
Maintenance of Minor Defects shall be limited to two (2) person -hours per Preventive Maintenance visit. If the
Corrective Maintenance of Minor Defects requires more than two person -hours of work, those person hours shall
be deemed Additional Services and billed accordingly.
5) Cleaning
Perform each Cleaning as requested by Owner. "Cleaning" means washing and removing all material
from the surface of each solar panel in accordance with Industry Standards.
6) Corrective Maintenance (Major Defects)
1
Perform all corrective maintenance of the System relating to Major Defects, such work to be commenced
within 15 days of Owner's email request therefor, and diligently pursued thereafter.
7) Warranty Services
7.1 Equipment Warranty Coordination
Assist in OEM warranty coordination by providing up to a maximum of 3 hours of off-site telephone and
electronic communication support per OEM warranty issue during the Term. A distinct OEM Warranty
issue shall be determined as a fault or failure which is unrepeated at an individually metered system
within the previous 45 days of operation, or multiple faults or failures which are substantially similar
across multiple systems within the last 45 days of operation. Contractor agrees to provide any and all
requested OEM warranty support beyond the foregoing on a time and materials basis per the
Schedule of Fees in Exhibit C. Owner assumes sole responsibility for all equipment repair and/or
replacement costs and expenses associated with OEM warranty claims during the Term, including, but
not limited to: travel time, on-site diagnostic time, shipping, handling, receiving
or storing equipment, any other support time in excess of 3 hours per OEM warranty claim, and labor
to replace or repair equipment pursuant to an OEM warranty claim.
7.2 Reporting Potential Warranty Issues
Report to Owner any issues which in the reasonable judgment of Contractor, might develop into
warranty claims later during the Term of the Agreement if no corrective action is taken.
7.3 Assignment of Warranties
Contractor shall ensure that it may assign, and shall assign, to Owner the equipment warranties for any
Spares or other equipment procured by Contractor pursuant to this Agreement. Upon request,
Contractor shall provide Ownerwith reasonable assurances that all warranty agreements, service
contracts with third parties, and other agreements affecting the performance of the System are in full
force and effect.
1
EXHIBIT C
Schedule of Service Fees
Additional Services:
Owner may provide verbal or email authorization for the performance of Corrective Maintenance (Major
Defects) Fees of less than $2,000.00, accrued on a time and materials basis as outlined below, during
Contractor Site Visit, should Contractor determine that Major Defects require Additional Services. Any
Additional Services estimated by Contractor to require Fees in excess of $2,000.00 shall require prior written
consent of Owner.
Time Rates:
OS: $1 15/hr for on-site time, per person
TR: $50/hr for travel time, per person
MP: $75/hr for time spent procuring materials, per person
DSK: $75/hr for desk time (research, telephone and email related to issue resolution), per person.
The above time and materials rates are valid until December 31, 2015, after which Owner and Contractor shall
negotiate applicable rates. Contractorwill charge a 20% markup on all materials or equipment rental (e.g.
scissor lift) costs.
The rates listed above labor fee shall include all profit, overhead, and other administrative costs associated with
Contractor's provision of such labor and shall be billed in increments of 0.25 hours.
Materials: Materials shall be billed to Owner at a markup of 20% to the cost to Contractor.
Additional Services:
Investigative Site Visit: $400 per Investigative Site Visit, and $115 per hour per technician after the first hour of
on- site investigation.
ATTACHMENT A
PROPERTY DESCRIPTION
The following buildings, facilities, and areas, which are owned and operated by Customer, are
included in the Scope of Services set forth in Attachment B:
Name: City of Hutchinson Landfill Solar PV
Address: 1100 Adams St SE, Hutchinson, MN
Site Photo:
The landfill is situated on a single parcel of land South West of Adams Street in Hutchinson MN
owned by the City of Hutchinson, MN.
ATTACHMENT B-1
SCOPE OF SERVICES
DESCRIPTION OF SYSTEMS
Name: City of Hutchinson Landfill Solar PV
Address: 1100 Adams Street SE, Hutchinson, MN
The final System Description shall be the final As -Built drawings to be provided 30 days after
Commercial Operation Date.
General System Description:
1. System Size DC: 399.75 kW—DC at STC capacity
2. System Size AC: 292.5 kW—AC
Solar PV Panels:
1. Manufacturer: Ten K Solar
2. Model Number: TKS-XT-A
3. Module Wattage: 410W
4. Panel Count: 975
5. Type: Polycrystalline, 192 Half Cells
6. Array tilt: 28 degrees from horizontal and oriented due south
7. Warranty Information: 12 year Limited Product Warranty, 25 year Linear Power
Warranty: 3% Power Degradation First Year; 0.2% Linear Degradation per
Year after First Year.
Inverters:
1. Manufacturer: Ten K Solar
2. Model Number: RAIS-Inverter Bus 7.8 kW and 3.9 kW.
3. Number and size to be installed: (37) 7.8 kW and (1) 3.9 kW inverters.
4. String size and Quantity: All panels in parallel. 26 panels per 7.8 kW Inverter
and 13 panels per 3.9 kW inverter.
5. Warranty Information: 25 year warranty
Mounting System:
1. Manufacturer: Ten K Solar
2. Model RATS -XT -28 at 28 Degrees Tilt Angle
3
Type: Ground Mount System, with concrete ballast foundations. Aluminum
rack structures with panels mounted in portrait configuration.
4. Warranty Information: 25 year warranty
Data Acquisition System (DAS):
1. Manufacturer: Draker Energy Model: Draker PV 250 Base Station or equivalent
Solar PV System Layout:
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ll[Zi
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Electrical System Layout:
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Li
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ATTACHMENT B-2
CUSTOMER'S SITE PREPARATION RESPONSIBILITIES
This Attachment describes the City of Hutchinson's Responsibilites regarding site preparation,
environmental requirements and environmental and electrical interconnection permiting:
• Remove trees if they will produce shade on the solar array.
• Construct any temporary access roads needed to allow the use of rubber tire equipment to
deliver materials to the work areas on the landfill.
• Grade terrain per tenK Solar Ground Mount — Direct on Ground Application document,
Attachment B-2.
• Apply for any state and local permitting for the landfill site, including a post -closure use
permit if applicable.
• Furnish and install any storm water and erosion controls required by MPCA during
construction.
• Provide engineering construction oversight as required by MPCA.
• Apply for utility interconnection and pay any required fees.
• Furnish and install 74 ballast blocks for ballasted fence.
• Meet any requirements in the MPCA Construction Contingency Plan, including any related
materials testing
ATTACHMENT C
PROJECT GUARANTEE
Guarantee
Ameresco guarantees that, during the Guarantee Period, the System will produce a Guaranteed Annual
Electric Output in each Guarantee Year, as adjusted by the Annual System Degradation Factor, under
standard insolation conditions at the Property and measured on a cumulative basis (the "Project
Guarantee'. On the first anniversary of the Commercial Operation Date and each anniversary of the
Commercial Operation Date thereafter during the Guarantee Term, the Guaranteed Annual Electric
Output shall be decreased by the Annual System Degradation Factor. The Guaranteed Annual Electric
Output, including the application of the Annual System Degradation Factor, is shown below in this
Attachment C.
Calculation of Production Output
(a) Subject to clauses (b) and (c) below, in the event that a Production Shortfall exists in any
Guarantee Year Ameresco will pay Customer a payment equal to the (A) the Specified Rate for such
Guarantee Year multiplied by (B) the Production Shortfall during such Guarantee Year (the "Shortfall
Payment'. Calculations of the Shortfall Payment shall be made to the nearest cent.
(b) Customer acknowledges that Ameresco may, in a Guarantee Year, deliver more Electricity
than the Guaranteed Annual Electric Output for that Guarantee Year (the "Production Overage").
Therefore, Ameresco shall not be required to pay any Shortfall Payment unless and until the cumulative
Production Shortfall (measured over all preceding Guarantee Years) exceeds the cumulative
Production Overage for the same period. For purposes of calculating a Shortfall Payment, the
Production Shortfall shall be adjusted as reasonably determined by Ameresco due to insolation
conditions other than standard insolation conditions as of the Effective Date, failure, damage or
downtime attributable to third parties, inverter failure, delayed repairs, general utility outages or any
failure of any electric grid, Force Majeure, or breaches or omissions of Customer of any of its
obligations hereunder and for any other PV Baseline Adjustments set forth below. Within sixty (60)
days after each Guarantee Year, Ameresco shall report to Customer, in writing, as applicable, the
Production Shortfall, Production Overage and any required Shortfall Payment, for such Guarantee
Year. Payment of the Shortfall Payment, as described herein, shall be Customer's sole remedy against
Ameresco for failure to meet the Guaranteed Annual Electric Output.
(c) The Project Guarantee is subject (i) to Customer performing all of its maintenance and other
obligations under this Agreement that may affect the ability of the System to generate the Guaranteed
Annual Electric Output, (ii) to Customer engaging Ameresco to perform the O&M Services pursuant
to the O&M Agreement and (iii) to the manufacturer of the modules, or inverters not failing to honor
its applicable manufacturer's warranty as a result of its termination of operations, insolvency,
liquidation, bankruptcy, or similar occurrence, or due to a contention that such module or inverter is
obsolete. If a manufacturer fails to honor its applicable manufacturer's warranty as a result of any of
the conditions provided in the foregoing sentence and such may, in the reasonable opinion of
10
Ameresco, prevent the achievement of the Guaranteed Annual Electric Output under this Agreement,
Ameresco may, after providing Customer ten (10) days advance notice, adjust the Production Shortfall
or the Project Guarantee during the period in which the electric output was affected to reflect the
impact such actions had on such output. Ameresco's rights set forth in this section shall not be in
limitation of any other rights it is entitled to by law or it possesses under this Agreement. For greater
clarity, Ameresco may make adjustments to the Production Shortfall if tenKsolar does not honor its
warranty.
11
Solar PV System Annual Power Production
The table below indicates the annual total expected energy production for the System for each year
of the 18 year Guarantee Period, taking into account solar module degradation of 0.5% per year.
Hutchinson Landfill Solar PV
Guarantee Amount
Estimated First Year's
Solar PV Production
587,587
Guarantee Percentage
80%
Annual Facilities
De adation Factor
0.5%
Contract Year
Guarantee Amount
kWh
1
470,070
Z
467,719
3
465,381
4
463,054
5
460,738
6
458,435
7
456,143
8
453,862
9
451,593
10
449,335
11
447,088
12
444,853
13
442,628
14
440,415
15
438,213
16
436,022
17
433,842
18
431,673
12
Specified Rate
The table below indicates the Specified Rate for the purpose of calculating a Shortfall Payment
as described above. The Specified Rate in Contract Year 1 is the Utility Host Electricity Rate.
The Specified Rate is escalated by 1.5% per year.
Hutchinson Landfill Solar PV
Specified Rate
Utility Host Electricity
Rate ($/kWh)
$0.0737
Annual Rate Escalator
1.5%
Contract Year
Specified Rate
kWh
1
$0.0737
2
$0.0748
3
$0.0759
4
$0.0771
5
$0.0782
6
$0.0794
7
$0.0806
8
$0.0818
9
$0.0830
10
$0.0843
11
$0.0855
12
$0.0868
13
$0.0881
14
$0.0894
15
$0.0908
16
$0.0921
17
$0.0935
18
$0.0949
It should be noted that the values in the tables above are based on typical meteorological conditions
expected at the Site. On a month to month basis, actual energy production can vary by as much as
40% due to variations in weather. On a year to year basis, actual energy production can vary by as
much as 15% due to variations in weather.
14
Please reference PV Baseline Adjustments section below for specific methodology and consideration
of baseline adjustments to the Solar kWh per Year depicted in the Annual Power Production table
above.
Solar PV System Baseline Adjustments
Overview:
The Solar PV systems' energy produced will be measured and reported annually. The following
baseline adjustments will be made for system performance and guarantees and complies with IPMVP
Option B.
Ameresco will make baseline production adjustments annually for the following items:
• if an Customer event of default has occurred, the period during which there is a
reduction, restriction or any other limitation on the amount of plant output that could
reasonably have been produced by such System as a result of such event of default;
• reduction in performance of any System due to interference from the Customer or a
third party outside of Ameresco's direction or control;
• reduction in performance of any System due to Customer's failure to perform or cause
to be performed the Equipment manufacturer's recommended maintenance, or
failure of Customer's operation and maintenance (O&M) contractors to perform the
prescribed maintenance under separate agreement between Customer and such O&M
contractor;
• reduction in System performance due to Customer -caused maintenance;
• if a Force Majeure Event has occurred, the period during which there is a reduction,
restriction, or any other limitation on the amount of plant output that could be
produced by such System;
• any period during which the System is taken out of service or its performance is
curtailed or limited at the request of any Governmental Authority;
• authorized repair periods of manufacturer's defects;
• loss of data acquisition system PAS) data due to internet outage and failure of
DAS/inverters to retain data;
• violation of Prudent Industry Standards by the Customer or anyone other than
Ameresco or those for whom Ameresco is responsible that reduces, restricts, or
otherwise limits the amount of System output that could be produced;
• Extreme weather related events such as snowstorms, snow pack events (i.e. extended
accumulation/soiling of snow for extended periods of time) dust storms, ice storms,
or similar events outside range of location specific TMY3 30 -year weather sampling
period causing insolation below the minimum insolation threshold required for full
inverter function;
15
• Effect of shading on the System or other interference with insolation caused by
factors outside of Ameresco's direction or control, provided that such shading was
not known during design of the System;
• Removal of the System (or a part thereof) for any reason not due to Ameresco;
• Underperformance and inability for warranty claims to be processed due to
subcontractor/vendor bankruptcy; and
• Other mutually agreeable unforeseen circumstances.
Energy Avoidance/Savings Calculation Methodology
16
A
B
C=AxB
Year
Solar PV kWh
Avoidance
Stipulated
Value of
Energy
($/kWh)*
Total Value
of kWh
Avoidance
1
470,070
$0.0737
$34,644
2
467,719
$0.0748
$34,988
3
465,381
$0.0759
$35,335
4
463,054
$0.0771
$35,686
5
460,738
$0.0782
$36,040
6
458,435
$0.0794
$36,398
7
456,143
$0.0806
$36,759
8
453,862
$0.0818
$37,124
9
451,593
$0.0830
$37,492
10
449,335
$0.0843
$37,864
11
447,088
$0.0855
$38,240
12
444,853
$0.0868
$38,620
13
442,628
$0.0881
$39,003
14
440,415
$0.0894
$39,390
15
438,213
$0.0908
$39,781
16
436,022
$0.0921
$40,176
17
433,842
$0.0935
$405575
18
4315673
$0.0949
$405977
16
*Stpulated Annual Escalation 9.3%. The table aboveindicates the City of Hutchinson agreed value of each klUh
Of energyproduced by the PV system.. This value hill be used to evaluate the energy cost savings. For the savings
calculations the City of Hutchinson has agreed the value of energy escalates at 9.5% eachyear.
Stipulated Variables
The following variables have been agreed upon by the City of Hutchinson.
Year 1 Power Production is 80% of the Expected Year 1 Power Production as calculated by
tenKsolar using the System Advisor Model (SAM) from the U.S. National Renewable
Energy Laboratory. Thereafter, power production is reduced by solar module degradation of
0.5% per year. The Stipulated Value of Energy in Year 1 is the current Utility Host Electric
Rate, which is escalated beginning in year 2 at 1.5% per year.
17
ATTACHMENT D
DELIVERY AND ACCEPTANCE CERTIFICATE
PROJECT NAME & ADDRESS: PROJECT NO.:
CONTRACT DATE:
DESCRIPTION:
Ameresco hereby notifies Customer that the System has achieved Commercial Operation in accordance with
the terms and provisions of the Energy Services Agreement.
COMMERCIAL OPERATION DATE:
CONTRACTOR: Ameresco, Inc., 111 Speen Street, Suite 410, Framingham, Massachusetts 01701
AUTHORIZED DATE:
NAME:
(type or print)
CUSTOMER: [CUSTOMER [ADDRESS[
AUTHORIZED DATE:
NAME:
(type or print)
18
ATTACHMENT D
PERCENT COMPLETE ACKNOWLEDGEMENT CERTIFICATE
Customer hereby acknowledges receipt and acceptance of the portion of the System described in
Attachment B-1 to the Energy Services Agreement (the "Agreement") dated December _, 2014
between Customer and Ameresco. Customer certifies that the work described in the related
application for payment submitted by Ameresco has been completed in accordance with the
Agreement and that the System is percent complete, as substantiated by sufficient detail
provided by Ameresco. Customer agrees to make payment to Ameresco as set forth in Section 4 of
the Agreement.
Date Accepted by Customer:
Accepted for: CITY OF HUTCHINSON
Accepted by:
Name:
Title:
ACKNOWLEDGMENT OF AMERESCO
Ameresco hereby acknowledges that the total amount due based upon percent complete for the
Scope of Services described in Attachment B-1, and the Notice to Proceed, hereto is
Date Accepted by
Ameresco:
Accepted for: AMERESCO, INC.
Accepted by:
Name:
Title:
19
ATTACHMENT D (2)
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT NAME & ADDRESS:
PROJECT NO.:
CONTRACT DATE:
DESCRIPTION:
The installation of the System under the Agreement has/have been reviewed and found to be substantially
complete. The date of Substantial Completion of the System is hereby established as:
SUBSTANTIAL COMPLETION DATE/COMMERCIAL OPERATION DATE:
The date of Substantial Completion of the System is the date certified by Ameresco as the
Commercial Operation Date.
A list of items to be completed or corrected is identified below as punchlist items. The failure to include any
items on such punchlist does not alter the responsibility of Ameresco to complete all work in accordance
with the Agreement.
CONTRACTOR: Ameresco, Inc., 111 Speen Street, Suite 410, Framingham, Massachusetts 01701
AUTHORIZED DATE:
NAME:
(type or print)
CUSTOMER: [CUSTOMER [ADDRESS[
AUTHORIZED DATE:
NAME:
(type or print)
PUNCHLIST ITEMS
Attach additional page(s) as necessary. Number of pages attached
20
ATTACHMENT E
NOTICE TO PROCEED
201
Louis P. Maltezos
Executive Vice President
Ameresco, Inc.
1900 Spring Road, Suite 400
Oak Brook IL 60523
SUBJECT: NOTICE TO PROCEED
To Whom It May Concern:
In accordance with the terms of our Energy Services Agreement dated 12014,
City of Hutchinson hereby confirms that it has received grants and has other funds available to
pay the Contract Cost in accordance with the Agreement and hereby issues this Notice to
Proceed to Ameresco pursuant to Section 1(a) of the Agreement.
Sincerely,
City of Hutchinson
111 Hassan St SE
Hutchinson, MN 55350
Signature
Print Name
Title
21
ATTACHMENT F
CHANGE ORDER FORM
(Request & Agreement for change in Plans and/or Specifications and/or Contract)
Change Request No.:
Customer:
Department:
Project No.:_
Title:
I. REQUEST
(a) Requested by:
(b) Description of change:
Contract No.:
IL AMERESCO'S AGREEMENT
Date:
Site:
For all costs involved in this change including extensions of time herein requested Ameresco proposes to
perform the work described in accordance with the provisions of the subject Agreement and certifies that the
attached cost data is accurate, complete and current, and mathematically correct.
Payment shall be made on the basis of:
(__)(a) Predetermined lump sum total of: (add) (deduct) $
(__)(b) Lump sum "not -to -exceed": (add) (deduct) $
(Max. price based on contract or negotiated unit prices)
(__)(c) Time & Material Basis "not -to -exceed": (add) (deduct) $
(Computed in accordance with provisions of the Contract)
Place an "X" beside selected proposal method and strike out either (add) or (deduct) whichever does not
apply. If necessary, attach detailed estimates and breakdown for above in accordance with change order
instruction. A claim for work performed under protest shall be submitted per (c) above.
An extension of contract time of calendar days to _ is requested.
Ameresco: by:
(name and title) (signature)
CUSTOMER APPROVAL: Date:
Date:
Contract Award $
Customer Previous Deductions $
Previous Deductions $
Net Total $
By: This Change $
Total $
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ATTACHMENT G
SOLAR FACILITY OPERATION AND MAINTENANCE AGREEMENT
Attachment G means and refers to the Solar Facility Operation and Maintenance Agreement entered into
between Ameresco and Customer for the maintenance of the System.
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ATTACHMENT H
DAVIS-BACON ACT REQUIREMENTS
The provisions of the Davis -Bacon Act (the "Act"), which is codified at Subchapter IV of
Chapter 31 of Title 40 of the United States Code, and the regulations and guidance promulgated
thereunder (together with the Act, the "DBA") apply to the Project, and the Customer and
Ameresco certify and agree that with respect to the Project they will comply with the
requirements of the DBA, as applicable.
Ameresco understands its responsibility to flow down the required DBA contract language
and wage determinations to subcontractors under this Agreement.
FLOW DOWNS
The following form contract language is incorporated in the Agreement to the extent
required and provided under 29 CFR, Part 5(A)(5.5):
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in
the construction or development of the project), will be paid unconditionally and
not less often than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by regulations issued
by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount
of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination
of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between
the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits
under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the provisions
of paragraph (a)(1)(1v) of this section; also, regular contributions made or costs
incurred for more than a weekly period (but not less often than quarterly) under
plans, funds, or programs which cover the particular weekly period, are deemed to
be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to
skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work
in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That the employer's
payroll records accurately set forth the time spent in each classification in which
24
work is performed. The wage determination (including any additional
classification and wage rates conformed under paragraph (a)(1)(11) of this section)
and the Davis -Bacon poster (WH -1321) shall be posted at all times by the
contractor and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
(A) The contracting officer shall require that any class of laborers or
mechanics, including helpers, which is not listed in the wage
determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting
officer shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the
wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting
officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the Administrator of the
Wage and Hour Division, Employment Standards Administration, U.S.
Department of Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30 -day
period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in
the classification or their representatives, and the contracting officer do
not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the contracting
officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within
the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(1)(11) (B) or (C) of this section, shall be paid to
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all workers performing work in the classification under this contract from
the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is
not expressed as an hourly rate, the contractor shall either pay the
benefit as stated in the wage determination or shall pay another
bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or
program, Provided, That the Secretary of Labor has found, upon
the written request of the contractor, that the applicable standards
of the Davis -Bacon Act have been met. The Secretary of Labor
may require the contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
(2) Withholding. City of Hutchinson shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld
from the contractor under this contract or any other Federal contract with the same prime
contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of the accrued payments
or advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or working on the site of
the work (or under the United States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the project), all or part of the wages required
by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant,
or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor
during the course of the work and preserved for a period of three years thereafter
for all laborers and mechanics working at the site of the work (or under the United
States Housing Act of 1937, or under the Housing Act of 1949, in the construction
or development of the project). Such records shall contain the name, address, and
social security number of each such worker, his or her correct classification, hourly
rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in section
1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under
26
a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the
contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that
the plan or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred
in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the
applicable programs.
(A) The contractor shall submit weekly for each week in which any contract
work is performed a copy of all payrolls to the applicant, sponsor, or
owner, as the case may be, for transmission to the City of Hutchinson. The
payrolls submitted shall set out accurately and completely all of the
information required to be maintained under 29 CFR 5.5(a)(3)(i), except
that full social security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to include an
individually identifying number for each employee (e.g., the last four
digits of the employee's social security number). The required weekly
payroll information may be submitted in any form desired. Optional Form
WH -347 is available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esa/whd/forms/ wh3471nstr.htm or its
successor site. The prime contractor is responsible for the submission of
copies of payrolls by all subcontractors. Contractors and subcontractors
shall maintain the full social security number and current address of each
covered worker, and shall provide them upon request to the (write in name
of appropriate federal agency) if the agency is a party to the contract, but
if the agency is not such a party, the contractor will submit them to the
applicant, sponsor, or owner, as the case may be, for transmission to the
(write in name of agency), the contractor, or the Wage and Hour Division
of the Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation of this
section for a prime contractor to require a subcontractor to provide
addresses and social security numbers to the prime contractor for its own
records, without weekly submission to the sponsoring government agency
(or the applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of
Compliance',' signed by the contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be provided under Sec. 5.5 (a)(3)(11) of Regulations,
29 CFR part 5, the appropriate information is being maintained
under Sec. 5.5 (a)(3)(1) of Regulations, 29 CFR part 5, and that
such information is correct and complete;
27
(2) That each laborer or mechanic (including each helper, apprentice,
and trainee) employed on the contract during the payroll period
has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for
the classification of work performed, as specified in the applicable
wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on
the reverse side of Optional Form "-347 shall satisfy the requirement
for submission of the "Statement of Compliance" required by paragraph
(a)(3)(11)(13) of this section.
(D) The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under section
1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph
(a)(3)(1) of this section available for inspection, copying, or transcription by
authorized representatives of Farwell Area School or the Department of Labor, and
shall permit such representatives to interview employees during working hours on
the job. If the contractor or subcontractor fails to submit the required records or to
make them available, the Federal agency may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered with the
U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a State
Apprenticeship Agency recognized by the Office, or if a person is employed in his
or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who
has been certified by the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the
ratio permitted to the contractor as to the entire work force under the registered
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program. Any worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any apprentice performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the
contractor's or subcontractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeymen
hourly rate specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that
a different practice prevails for the applicable apprentice classification, fringes
shall be paid in accordance with that determination. In the event the Office of
Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship
Agency recognized by the Office, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilize apprentices at less
than the applicable predetermined rate for the work performed until an acceptable
program is approved.
Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has received
prior approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines
that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate
who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable
wage rate on the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training Administration withdraws approval of
29
a training program, the contractor will no longer be permitted to utilize trainees at
less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR part
30.
(5) Compliance with Copeland Act Requirements. The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as Farwell Area School
may by appropriate instructions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor with all
the contract clauses in 29 CFR 5.5.
(7) Contract Termination: Debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act Requirements. All rulings and
interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract.
Such disputes shall be resolved in accordance with the procedures of the Department of
Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its subcontractors) and the contracting
agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of Eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she)
nor any person or firm who has an interest in the contractor's firm is a person or
firm ineligible to be awarded Government contracts by virtue of section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act
or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001.
30
(1) Overtime Requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall require
or permit any such laborer or mechanic in any workweek in which
he or she is employed on such work to work in excess of forty
hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in
such workweek.
(2) Violation; Liability for Unpaid Wages; Liquidated Damages. In
the event of any violation of the clause set forth in paragraph
(b)(1) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the
United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the
clause set forth in paragraph (b)(1) of this section, in the sum of
$10 for each calendar day on which such individual was required
or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (b)(1) of this section.
(3) Withholding for Unpaid Wages and Liquidated Damages. City of
Hutchinson shall upon its own action or upon written request of
an authorized representative of the Department of Labor withhold
or cause to be withheld, from any moneys payable on account of
work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime
contractor, or any other federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (b)(1) through (4)
of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth
in paragraphs (b)(1) through (4) of this section.
(b) In addition to the clauses contained in paragraph (b), in any contract
31
subject only to the Contract Work Hours and Safety Standards Act and not
to any of the other statutes cited in Sec. 5. 1, the Agency Head shall cause
or require the contracting officer to insert a clause requiring that the
contractor or subcontractor shall maintain payrolls and basic payroll
records during the course of the work and shall preserve them for a period
of three years from the completion of the contract for all laborers and
mechanics, including guards and watchmen, working on the contract. Such
records shall contain the name and address of each such employee, social
security number, correct classifications, hourly rates of wages paid, daily
and weekly number of hours worked, deductions made, and actual wages
paid. Further, the Agency Head shall cause or require the contracting
officer to insert in any such contract a clause providing that the records to
be maintained under this paragraph shall be made available by the
contractor or subcontractor for inspection, copying, or transcription by
authorized representatives of the (write the name of agency) and the
Department of Labor, and the contractor or subcontractor will permit such
representatives to interview employees during working hours on the job.
32
ATTACHMENT I
CUSTOMER'S MAINTENANCE RESPONSIBILITIES
Except for the Basic Services (as such term is defined in the O&M Agreement) assumed by
Ameresco pursuant to the O&M Agreement, Customer, at its own expense, will keep and maintain,
or cause to be kept and maintained, the System, System Assets and all equipment in as good
operating condition as when delivered to the Customer hereunder, ordinary wear and tear resulting
from proper use thereof alone excepted, and will provide maintenance and service and make all
repairs necessary for such purpose. Responsibility for the such proper maintenance, service, repair
and adjustments to the System, System Assets and related ancillary systems and equipment, including
related expenses, shall transfer to the Customer on the Commercial Operation Date. Customer will
be responsible for such maintenance, service, repair and adjustments for the remainder of the Term.
33
ATTACHMENT J
TENKSOLAR WARRANTY
[insert here]
34
S O L A R
APPLICATION NOTE
For ground mount situations on reasonably level terrain, the simplest and most cost
effective approach is the Direct on Ground application shown and described in this
document.
tenKsolar Toll free: 877-432-1010 Simply More Energy
9549 Penn Avenue South www.tenKsolar.com
Minneapolis, MN 55431 info@tenKsolar.com
V @tenKsolar
Recommended min 8" x 8" x 8" CMU under each fin with flat paver block
2" layer of landscape material over 25 year landscape fabric and paver block
Single 8"x 4" x %:" rail Pad, spanning two rails
Suggested Installation Procedure
Step 1: Grade Terrain
Grade the terrain to within 1/4" out -of flat per 4 feet in the East-West direction, and to within 1/2" out -of -flat per 8 feet in
the North-South direction. Alternately, you can leave the terrain ungraded and adjust block heights in Step 3. The soil must
be able to support 2,000 pounds per square foot.
Step 2: Apply Landscape Fabric
Apply 25 year weed barrier landscape fabric to the area under the array and several feet outside the array's perimeter.
Step 3: Set Concrete Pad Blocks
Set a flat concrete paver block at each location where a fin in the array will fall. Fins in the array will be spaced 77-7/8"
on -center East-West. Fins will be spaced on -center North-South 70-7/8" for XT26 and 84-3/8" for XT28. If you graded the
terrain per Step 1, you can just place the block on the landscape fabric on the graded ground. If you did not grade, you
will need to use gravel, soil, or another suitable material to shim each block so that it is in compliance with the out -of -flat
tolerances in Step 1.
Step 4: Apply Landscape Material
Apply 2" of light-colored landscape material (gravel, wood, rubber, etc.) over the landscape fabric and around the concrete
paver blocks.
Step 5: Set 8" x 8" x 8" Concrete Blocks
Center an 8" x 8" x 8" concrete masonry unit (CMU) on each concrete paver block. It is suggested that the 8" x 8" x 8"
concrete blocks be filled with gravel, or attached to the paver with a suitable construction adhesive to prevent shifting.
Step 6: Install Array
Install the tenKsolar array with fins centered over the rubber pads. See TKS UIG 10008.02 RAIS Wave Installation Manual,
Page 2 1 ©tenksolar Inc., 2014
and any current Product Updates based on this manual, for array construction procedures.
Step 7: Ballast as Required
Ballast the completed array as directed by your structural engineer and AHJ. Alternately, ground spades attached to the
array with stainless steel cable may be acceptable to the structural engineer and AHJ.
About tenKsolar
tenKsolar incorporated provides a photovoltaic solar solution that delivers on the promise of the lowest cost of solar electricity, while
at the same time improving power density, safety, longevity and bankability of photovoltaic systems. Since its original founding
in 2008, tenKsolar has been a leading innovator in the delivery and implementation of photovoltaic solar systems for commercial
customers. More energy about tenKsolar is available online at www.tenKsolar.com
Page 3 1 ©tenksolar Inc., 2014
SOLA RTM
tenKsolar, Inc. RAIS' PV Module and Reflector (aka "Wavelet")
v3.3 effective 4/26/2013
LIMITED WARRANTY
Limited Product Warranty—Twelve (12) Year Repair, Replacement or Refund Remedy
tenKsolar, Inc. ("tenKsolar") warrants that for twelve (12) years from the date of delivery, its Photovoltaic modules ("PV modules") and Reflectors shall be
free from defects in materials and workmanship under normal application, installation, use and service conditions. If the PV modules or Reflectors fail to
conform to this warranty, then for a period ending twelve (12) years from date of delivery to the original end customer ("the Customer"), tenKsolar will, at
its option, either repair or replace the product, or refund the purchase price as paid by the Customer ("Purchase Price"). The repair, replacement or refund
remedy shall be the sole and exclusive remedy provided under the Limited Product Warranty and shall not extend beyond the twelve (12) year period set
forth herein. This Limited Product Warranty does not warrant a specific power output, which shall be exclusively covered under clause 2 herein (Limited
Power Warranty).
Limited Power Warranty (1 year/97%, linear 0.2% degradation thereafter)
tenKsolar additionally warrants that if, within one (1) year from date of delivery to the Customer any Wavelet comprised of a tenKsolar PV module and
Reflector exhibits a power output less than 97% ofthe Minimum Peak Power Capacity* as specified at the date of delivery in tenKsolar's product datasheet
associated with such product, provided that such loss in power is determined by tenKsolar (in its sole and absolute discretion) to be due to defects in
material or workmanship, tenKsolar will replace such loss in power by, at its option, either (i) providing to the Customer additional Wave Reflectors, PV
modules or both, to make up such loss in power, (ii) providing monetary compensation equivalent to the cost of additional material required to make up
such loss in power or (iii) repairing or replacing the defective material, at the sole option of tenKsolar, which shall be the Customer's sole and exclusive
remedy therefore.
tenKsolar additionally warrants that, for years two (2) through twenty five (25) from date of shipment to Customer, maximum power Minimum Peak
Power Capacity will not decline more than 0.2% per year. Provided that such loss in power is determined by tenKsolar (in its sole and absolute discretion)
to be due to defects in material or workmanship tenKsolar will replace such loss in power by, at its option, either (i) providing to the Customer additional
Reflectors, PV modules or both, to make up such loss in power, (ii) providing monetary compensation equivalent to the cost of additional material required
to make up such loss in power or (iii) repairing or replacing the defective material, at the sole option oftenKsolar, which shall be the Customer's sole and
exclusive remedy therefore.
Limited Warranty for Other Equipment
tenKsolar, Inc. ("tenKsolar") warrants that for twelve (12) years from the date of delivery any equipment, goods or materials manufactured by tenKsolar
other than PV Modules and Wave Reflectors (Other Equipment) and furnished to the Customer in connection with the Customer's purchase of PV modules
and/or Wave Reflectors shall be free from defects in materials and workmanship under normal application, installation, use and service conditions. If the
Other Equipment fails to conform to this warranty, then for a period ending twelve (12) years from date of delivery to the original end customer ("the
Customer"), tenKsolar will, at its option, either repair or replace the product, or refund the Purchase Price. The repair, replacement or refund remedy shall
be the sole and exclusive remedy provided under the Limited Warranty for Other equipment and shall not extend beyond the twelve (12) year period set
forth herein. This Limited Warranty for Other Equipment does not warrant a specific power output, which shall be exclusively covered under clause 2
herein (Limited Power Warranty).
Equipment not Manufactured by tenKsolar
For any equipment, goods or materials not manufactured by tenKsolar, the warranty shall be the manufacturer's transferable warranty only.
Exclusions and limitations
a) Limited Warranty claims must be filed within the applicable Limited Warranty period set forth above, and any delivery of additional PV modules, Wave
Reflectors or Other Equipment or the repair or replacement thereof shall not extend the original terms ofthe Limited Warranties set forth herein [and no
further or additional warranty shall be provided in connection with any such additional PV Modules, Wave Reflectors or Other Equipment or the repair or
replacement thereof].
b) Limited Warranty claims may only be made by, or on the behalf of, the original end customer for the PV Modules or a subsequent owner if they remain
installed at the original location.
c) The Limited Warranties do not apply to any of the following:
o PV modules, Wave Reflectors or Other Equipment which in tenKsolar's sole and absolute judgment have been subjected to: misuse, abuse,
neglect or accident; alteration, improper installation, application or removal (including without limitation, application or removal by any party
other than a tenKsolar authorized dealer); non -observance oftenKsolar's installation, users' and/or maintenance instructions; repair or
modifications by someone other than an approved service technician of tenKsolar; power surges, lightning, flood, fire, accidental breakage,
actions by third parties or other events outside tenKsolar's control.
o Cosmetic defects stemming from normal wear and tear of PV module materials.
o PV modules installed in locations, which in tenKsolar's sole and absolute judgment may be subject to direct contact with salt water or other
corrosive substance.
d) The Limited Warranties do not cover any transportation costs for return ofthe PV modules, or for reshipment of any repaired or replaced PV modules,
or cost associated with installation, removal or reinstallation ofthe PV modules.
9549 Penn Avenue South • Minneapolis, MN 55431 • 877.432.1010 • www.tenKsolar.com • info@tenKsolar.com
SOLA RTM
e) When the PV Modules are used on a mobile platform of any type, this entire Limited Warranty shall be void.
f) Limited Warranty claims will not apply if the type or serial number of the PV modules is altered, removed or made illegible.
Limitation of Limited Warranty Scope
SUBJECT TO THE LIMITATIONS UNDER APPLICABLE LAW, THE LIMITED WARRANTIES SET FORTH HEREIN ARE EXPRESSLY IN LIEU OF AND EXCLUDE ALL
OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR PARTICULAR
PURPOSE, USE, OR APPLICATION, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF TENKSOLAR, UNLESS SUCH OTHER WARRANTIES,
OBLIGATIONS OR LIABILITIES ARE EXPRESSLY AGREED TO IN WRITING SIGNED AND APPROVED BY TENKSOLAR. TENKSOLAR SHALL HAVE NO
RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY
CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY DEFECTS IN THE MODULE, OR FROM USE
OR INSTALLATION OR FROM DAMAGE OR LOSS DUE TO WIND OR STORM NOR FROM ANY CAUSE RELATED TO THE ATTACHMENT OR FAILURE TO ATTACH
THE SOLAR ARRAY TO A STRUCTURE. UNDER NO CIRCUMSTANCES SHALL TENKSOLAR BE LIABLE FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES, HOWSOEVER CAUSED. LOSS OF USE, LOSS OF PROFITS, LOSS OF PRODUCTION, LOSS OF REVENUES ARE THEREFORE SPECIFICALLY BUT
WITHOUT LIMITATION EXCLUDED.
TENKSOLAR'S AGGREGATE LIABILITY, IF ANY, IN DAMAGES OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY REPAIR AND REPLACEMENT COSTS
UNDER THE LIMITED WARRANTIES SET FORTH HEREIN), SHALL NOT EXCEED THE PURCHASE PRICE PAID TO TENKSOLAR BY THE CUSTOMER, FOR THE UNIT
OF PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED, AS THE CASE MAY BE, WHICH GAVE RISE TO THE LIMITED WARRANTY CLAIM.
No Warranty for Wind Loading, Weight and Structural Application
TENKSOLAR MAKES NO WARRANTY FOR THE FITNESS OF THE RAIS WAVE PRODUCT FOR ANY ROOFTOP INSTALLATION. ANY LABORATORY DATA OR
EXAMPLES OF INSTALLATIONS PROVIDED BY TENKSOLAR TO AID IN STRUCTURAL DESIGNS DONE BY OTHERS ARE PURELY FOR REFERENCE AND MAKE NO
CLAIM OR WARRANTY AS TO THE SUITABILITY OF THE RAIS WAVE IN ANY GIVEN INSTALLATION CONFIGURATION. STRUCTURAL DESIGNS FOR WIND,
WEIGHT AND OTHER LOADINGS ARE WHOLLY THE RESPONSIBILITY OF PURCHASER, INCLUDING DECISIONS TO USE OR NOT USE BALLAST WEIGHTS, ROOF
MODIFICATIONS, PENETRATIONS, TETHERS OR OTHER FASTENERS TO CONNECT THE SOLAR ARRAY TO THE GROUND OR TO A BUILDING STRUCTURE.
TENKSOLAR SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY OR FOR OTHER LOSS OR
INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THE PHYSICAL INSTALLATION, ATTACHMENT OR FAILURE TO
ATTACH THE PRODUCT TO A ROOF, GROUND OR STRUCTURE.
."Minimum Peak Power Capacity" = for the purposes of enforcement of this warranty, shall mean that the PV module installed with the reflector maintains
the minimum nameplate output, minus published tolerance and minus allowed annual degradation and measured to Standard Test Conditions (STC) using
methods, mounting and laboratory facilities approved by tenKsolar. "Minimum Peak Power Capacity" shall additionally mean that power output of the
module at STC shall scale with additional irradiance beyond one sun equivalent, at a rate of 0.95% increase in STC power for every 1% increase in irradiance
up to a limit of additional irradiance equal to 1.5 sun equivalents.
9549 Penn Avenue South • Minneapolis, MN 55431 • 877.432.1010 • www.tenKsolar.com • info@tenKsolar.com
ATTACHMENT G
SOLAR FACILITY OPERATION AND MAINTENANCE AGREEMENT
This SOLAR FACILITY OPERATION AND MAINTENANCE AGREEMENT
("Agreement") is entered into as of December _, 2014 ("Effective Date") between Ameresco, Inc., a
Delaware corporation, with an address of 111 Speen Street, Suite 410, Framingham, MA 01701 (together
with its successors and assigns, "Ameresco") and City of Hutchinson, Minnesota with an address of 111
Hassan Street, Hutchinson, MN 55350 (together with its successors and assigns, the "Customer").
RECITALS
WHEREAS, Customer has entered into an Energy Services Agreement with Ameresco for
the design, construction and installation of a ground -mounted solar electrical energy facility which will be
owned, operated and maintained by Customer and situated on a single parcel of land South West of
Adams Street in Hutchinson, Minnesota on property owned by the Customer;
WHEREAS, Customer requests Ameresco to perform certain operations and maintenance
functions as described herein; and
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties hereto
hereby agree as follows:
ARTICLE 1. DEFINITIONS
As used in the attached Agreement, the following terms shall have the meanings set forth
below. The singular shall include the plural. "Includes" or "including" shall mean "including, but not
limited to".
"Additional Service Fee" has the meaning given in Section 3.1(b).
"Additional System Services" are those services identified on Exhibit A as "Additional
System Services" and any services which are not included in Basic System Services.
"Affiliate" of a specified Person means any Person that directly or indirectly through one or
more intermediaries controls, is controlled by, or is under common control with, such specified Person.
As used in this definition of Affiliate, the term "control' of a specified Person including, with correlative
meanings, the terms, "controlled by" and "under common control with," means (a) the ownership, directly
or indirectly, of 50% or more of the equity interest in a Person or (b) the power to direct or cause the
direction of the management and policies of a Person, whether through ownership of voting securities, by
contract or otherwise.
"Amement" means this Solar Facility Operation and Maintenance Agreement as it may be
amended, supplemented, modified and/or restated from time to time.
"Annual Reports" has the meaning given in Section 2.4(a).
AMRC Draft Rev 8.2014
"Applicable Law" shall mean any constitutional provision, law, statute, rule, regulation,
ordinance, order, decree, judgment, injunction, permit, governmental approval, consent or requirement of
Governmental Authority having jurisdiction over and applicable to the Parties, the Site, the Basic System
Services, the Additional System Services and the interconnection of the System to the local distribution
system.
Exhibit A.
"Basic System Services" means those services identified as "Basic System Services" on
"Basic Service Fee" has the meaning given in Section 3.1(a).
"Business Day" means a day (other than a Saturday or Sunday) on which banks are
generally open in Boston, Massachusetts for normal business.
"Commencement Date" means the date on which Ameresco commences performance of the
System Services.
operations.
"Commercial Operation Date" shall mean the date the System is placed into commercial
"Customer" has the meaning given in the preamble of this Agreement.
"Dispute" has the meaning given in Section 5.9.
" Ener2y Services Agreement" means the Energy Services Agreement of even date herewith
between Ameresco and Customer, pursuant to which Ameresco will design, construct and install the
System.
"Equipment" means all equipment, apparatus, materials, articles, components, raw materials,
parts, structures and any other equipment or items comprising or otherwise installed and forming a part of
the System.
"Force Maieure" means the occurrence of any act or event beyond the reasonable control of
the Parry affected that prevents the affected Party from performing its obligations under this Agreement,
in full or part, if such act or event is beyond the reasonable control of, and not the result of the fault or
negligence of, the affected Party and such Parry has been unable to overcome such act or event with the
exercise of due diligence (including the expenditure of reasonable sums), including the following:
drought, flood, earthquake, landslide, fire, lightning, epidemic, war, not, civil disturbance, sabotage,
terrorism, accident, or restraint, order or decree by a Governmental Authority, labor strikes, work
stoppages, boycotts, walkouts and other labor difficulties ("Labor Disputes") that are national or regional
in nature; provided, however, that Labor Disputes specific to the Site involving Ameresco's (or its
Affiliate's) or any Subcontractor's on -Site employees shall not constitute an event of Force Majeure.
"Governmental Authority" shall mean any national, regional, town, city, or municipal
government, or other administrative, regulatory or judicial body of any of the foregoing.
"Hazardous Materials" shall mean any chemical, material or substance in any form,
whether solid, liquid, gaseous, semisolid, or any combination thereof, whether waste material, raw
material, chemical, finished product, byproduct, or any other material or article, that is defined, listed or
regulated or as to which liability could be imposed, under Applicable Law as a "hazardous" or "toxic"
substance or waste or material, or as a "pollutant" or contaminant," (or words of similar meaning or
2
import) or is otherwise listed or regulated, or as to which liability could be imposed, under applicable
Laws; including without limitation, petroleum products, petroleum derived substances, radioactive
materials, asbestos, asbestos containing materials, polychlorinated biphenyls, urea formaldehyde foam
insulation, and lead -containing paints or coatings, including without limitation any "hazardous substance"
or "petroleum" as defined in the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended (42 U.S.C. §§ 9601, et seq.), the Hazardous Materials Transportation Act, as
amended (49 U.S.C. §§ 1801, et seq.), "hazardous wastes" as defined in the Resource Conservation and
Recovery Act, as amended (42 U.S.C. §§ 9601, et seq.), "toxic substances" as defined in the Toxic
Substance Control Act as amended (15 U.S.C. §§ 2601 et seq.) and in the regulations adopted, published,
and promulgated pursuant thereto, or in any other Laws.
"Industry Standards" shall mean the practices, methods and acts engaged in or approved by
a significant portion of the solar energy industry, including standards of the National Electrical Code, that
at a particular time in performing services of a similar nature in jurisdictions in which the System
Services will be performed, in the exercise of reasonable judgment in light of the facts known or that
reasonably should have been known at the time a decision was made, would have been expected to
accomplish the desired result in a manner consistent with Applicable Law, safety and environmental
protection. Industry Standards are not intended to be limited to optimum practice or methods to the
exclusion of all others, but rather to be a spectrum of reasonable and prudent practices and methods that
must take the conditions specific to any given facility into consideration.
"Insolvent" means (i) a Party shall file a voluntary petition in bankruptcy or shall be
adjudicated as bankrupt or insolvent, or shall file any petition or answer or consent seeking any
reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself
under the present or future applicable federal, state or other statute or law relative to bankruptcy,
insolvency or other relief for debtors, or shall seek or consent to or acquiesce in the appointment of any
trustee, receiver, conservator or liquidator of such party or of all or any substantial part of its properties
(the term "acquiesce", as used in this definition, includes the failure to file a petition or motion to vacate
or discharge any order, judgment or decree within thirty (30) days after entry of such order, judgment or
decree); (ii) a court of competent jurisdiction shall enter an order, judgment or decree approving a petition
filed against a Party seeking a reorganization, arrangement, composition, readjustment, liquidation,
dissolution or similar relief under the present or any future federal bankruptcy act, or any other present or
future applicable federal, state or other statute or law relating to bankruptcy, insolvency or other relief for
debtors, and such party shall acquiesce and such decree shall remain unvacated and unstayed for an
aggregate of ninety (90) days (whether or not consecutive) from the date of entry thereof, or a trustee,
receiver, conservator or liquidator of such parry shall be appointed with the consent or acquiescence of
such party and such appointment shall remain unvacated and unstayed for an aggregate of ninety (90)
days, whether or not consecutive; (iii) a Parry shall admit in writing its inability to pay its debts as they
mature; (iv) a Party shall give notice to any governmental body of insolvency or pending insolvency, or
suspension or pending suspension of operations; or (v) a Party shall make an assignment for the benefit of
creditors or take any other similar action for the protection or benefit of creditors.
"Lien" means any interest, mortgage, attachment, claim, lien, charge (fixed or floating),
pledge, option, right to acquire, right of pre-emption, assignment by way of security or trust arrangement
for the purpose of providing an interest of any kind (including any retention arrangement) or any other
encumbrance having similar effect, or any agreement to create any of the foregoing.
"Manuals" means the operation and maintenance procedures manuals prepared from time to
time by Ameresco or the manfacturer (acting reasonably) and approved by Customer in respect of the
System.
"Operating Year" means each consecutive twelve-month period beginning with the
Commercial Operation Date.
"Ameresco" has the meaning given in the preamble to this Agreement, or its permitted
successors and assigns in accordance with Section [*].
"Parties" means Ameresco and Customer.
"Party" means either Ameresco or Customer.
"Site" means the premises on which the System is located but only to the extent of the area
where the System is located.
"Subcontract" means a subcontract under which Ameresco subcontracts any of its
obligations under this Agreement.
"Subcontractor" means any person to whom Ameresco subcontracts any of its obligations
under this Agreement, including the suppliers and any person to whom such obligations are further
subcontracted of any tier.
"System" means the ground -mounted solar photovoltaic system constructed under the
Energy Services Agreement located at the Site.
"System Services" means, collectively, the Basic System Services and the Additional
System Services.
"Term" has the meaning given in Section 4.1(a).
"Termination Date" means the date at which this Agreement ends.
"Termination Notice" has the meaning given in Section 4.2(d).
ARTICLE 2. SYSTEM SERVICES
Section 2.1 Engagement of Ameresco
Commencing on the Commencement Date, Customer hereby engages Ameresco to perform
the Basic System Services in accordance with the provisions of this Agreement. The Commencement
Date of Ameresco's performance of the System Services shall be memorialized in writing by virtue of the
notice of Commercial Operation issued to Customer by Ameresco under the Energy Services Agreement.
Section 2.2 Additional System Services
Customer may submit to Ameresco a written request for services in addition to the Basic
System Services. If Ameresco is reasonably capable of providing and is licensed to provide such
Additional System Services, Ameresco shall respond to the written request with its pricing for such
Additional System Services. Ameresco shall not perform Additional System Services without the written
agreement of Customer to the price of the Additional System Services. From time to time during the
Term, Ameresco may recommend to Customer that certain Additional System Services be provided by
Ameresco, and in such event, the Customer may authorize in writing Ameresco to perform such work.
Ameresco shall have no obligation to perform Additional System Services until each Party has agreed in
writing to such Additional System Services.
Section 2.3 Standards of Performance. Ameresco shall perform the System Services in
a good and workmanlike manner in accordance with all Applicable Laws and the written guidelines of
Equipment manufacturers given to Ameresco. With respect to any operation and maintenance of the
electrical components of the System, Ameresco warrants to Customer that such operation and
maintenance services shall be performed consistent with Industry Standards. EXCEPT AS SET FORTH
IN THIS AGREEMENT, AMERESCO MAKES NO REPRESENTATIONS OR WARRANTIES,
EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE
SERVICES OR THE SYSTEM OR ANY EQUIPMENT.
Section 2.4 Subcontracts
Ameresco may enter into subcontracts for any of the System Services; provided, that (a)
Ameresco may only subcontract to persons and entities that are licensed (if applicable) and qualified to
perform the System Services requested, and (b) Ameresco must provide notice of any subcontracts and
subcontractors to Customer if the Subcontract value is over $50,000.
Section 2.5 Personnel Standards
Ameresco shall provide all labor and professional, supervisory and managerial personnel as are
required to perform the System Services hereunder. Such personnel shall be qualified and experienced in
the duties to which they are assigned. Ameresco shall retain sole authority, control and responsibility
with respect to its employees and subcontractors in connection with the performance of its obligations
hereunder.
Section 2.6 Annual Reports
Throughout the Term, Ameresco shall furnish to Customer, annual maintenance and inspection
reports for the System (the "Annual Reports") for each Operating Year within 60 calendar days after the
end of the Operating Year. Each Annual Report shall include a summary of (i) maintenance performed
by Ameresco during such year; (ii) reports of any environmental or Site disturbances observed by
Ameresco; (iii) safety/accident reports; (iv) Additional System Services performed by Ameresco during
such period; (v) maintenance and inspection reporting; and (vi) any proposal of recommended
maintenance for the upcoming year including cost estimates. Ameresco shall be given access to the data
acquisition and monitoring system in order to prepare all reports required hereunder.
Section 2.7 Costs and Expenses. Customer shall bear all costs and expenses for the
acquisition and storage of replacement materials, equipment, components, parts and supplies with respect
to the System Services. Title to all spare parts, equipment and supplies provided by or supplied by
Ameresco in connection with the rendering of the System Services shall transfer to Customer upon
payment to Ameresco.
Section 2.8 General Obligations of Customer
(a) Right of Access. Throughout the Term, the Customer shall ensure that Ameresco
and its authorized agents, employees or subcontractors (i) have sufficient and adequate access to the
System and to any of the electrical panels or electrical interconnection infrastructure as may be necessary
to provide all System Services, and (ii) have sufficient and adequate rights of ingress and egress to and
from the Site and System for Ameresco to perform the System Services. Customer shall be responsible
for the security of the System. The Customer shall be responsible for preventing unauthorized access to
the System.
(b) Utility Service; Data Service. The Customer will, at its expense, maintain all
utility or other third parry communication services, data lines, data connections or services required for
operation of the System and required by the local utility serving the Site.
(c) Duty to Cooperate. The Customer will take actions reasonably requested by
Ameresco or the local utility to facilitate Ameresco's performance of the System Services.
(d) Other. The Customer shall obtain and comply with all necessary authorizations,
construction licenses, interconnection requirements, utility authorizations, interconnection agreements,
certificates, permits that are held by owners of solar photovoltaic systems and necessary for Customer's
ownership of the System and for Ameresco to be able to perform the System Services, other than those
specifically required for operation and maintenance services. Customer shall provide to Ameresco all
drawings, models, specifications, plans and other documents prepared with respect to the System
including all civil engineering, structural, instrumentation, control, mechanical, electrical, plumbing, fire
protection and safety system design and engineering documents.
Section 2.9 Representatives. Each Party shall designate a representative in all matters
relating to this Agreement. Either Party may change its designated representative by written notice to the
other Parry.
ARTICLE 3. SERVICE FEES
Section 3.1 Basic Service Fee.
(a) As compensation for provision of the Basic System Services by Ameresco,
Customer shall pay the fee set forth on Exhibit A (the "Basic Service Fee").
(b) Customer shall compensate Ameresco for provision of the Additional System
Services on a time and materials basis, based on Ameresco's then -current Billing Rate Schedule (hourly
rates, truck charges, environmental fees and current equipment and parts prices) (the "Additional Service
Fees"). Ameresco shall provide a copy of these rates to Customer upon request and the fees and
Additional Services shall be subject to mutual agreement.
(c) Customer shall pay Ameresco the Basic Service Fee quarterly at the end of each
quarter for each Operating Year within thirty (30) days after receipt of an invoice from Ameresco.
Customer shall pay Ameresco any Additional Service Fees within thirty (30) days of invoice for such
fees.
Section 3.2 Late Payments. Overdue payment obligations of Customer hereunder shall
accrue interest each day from the date due until the date paid at a rate per annum equal to the rate
published by the Wall Street Journal as the "prime rate" on the date on which such interest begins to
accrue plus three percent (3%) per annum, computed and compounded daily. If Ameresco is prohibited
by law from charging interest at said rate but is instead limited by law to charging a maximum rate which
is a lower rate, Ameresco shall charge interest at said lower rate. In addition Customer shall pay an
administrative late fee of one hundred dollars for each late payment.
rel
Section 3.3 Disputed Payments. In the event that Customer disputes any portion of an
invoice submitted by Ameresco, Customer shall pay the undisputed portion thereof when due and shall
provide Ameresco with a written notice of such dispute including the amount in dispute and the basis for
such dispute ("Dispute Notice") within ten Business Days of receipt of such invoice. If a Dispute Notice
is timely given, Ameresco and Customer shall work in good faith the resolve the dispute. In the event
Ameresco and Customer are unable to agree on a resolution of the disputed amounts within thirty days
after Ameresco's receipt of the Dispute Notice, either Party may pursue legal action.
Section 3.4 Taxes. Customer shall pay any taxes associated with income generated by
the System, as well as any real property taxes or personal property taxes levied upon the System or with
respect to the Site. Ameresco is not responsible for any sales taxes on the sale of electricity generated by
the System.
ARTICLE 4. TERM
Section 4.1 Term
(a) The term of this Agreement (the "Term") will commence on the Commencement
Date and, unless terminated earlier under the terms of this Agreement, will expire at the end of the
Eighteenth (18th) Operating Year. Either Ameresco or Customer shall have the right to terminate this
Agreement for convenience at the end of an Operating Year by providing at least 60 days written notice to
the other Party prior to the end of the preceding Operating Year.
(b) Termination of this Agreement prior to the expiration of any Operating Year shall
be without prejudice to Ameresco's right to receive a proportional amount of the fees that have accrued up
to the date of termination.
(c) The Parties may, upon negotiating mutually satisfactory conditions, extend the
Term of this Agreement for additional terms or as otherwise mutually agreed to by the Parties. Neither
Party shall be under any compulsion to extend the Term.
Section 4.2 Termination on Default
(a) By Customer. Customer may terminate this Agreement if (i) Ameresco becomes
Insolvent; or (ii) Ameresco fails to perform any of its material obligations under this Agreement, which
failure is not remedied within thirty (3 0) calendar days of written notice of such failure from Customer to
Ameresco; provided however that Customer may not terminate this Agreement pursuant to clause (ii) if,
during such thirty -day period, Ameresco shall have commenced and is diligently pursuing the remedy of
such failure; or (iii) damage to or destruction of the System cannot reasonably be expected to be repaired
or rebuilt within one hundred eighty days. Ameresco shall be entitled to payment of all fees owed to
Ameresco prior to the date of termination.
(b) By Ameresco. Ameresco may terminate this Agreement if (i) the Customer fails to
pay to Ameresco any amounts due under this Agreement and such failure continues for five (5) calendar
days after written notice of such failure from Ameresco to Customer, except to the extent such amounts
are being disputed by Customer in good faith pursuant to the provisions of Section 3.3; or (ii) material
breach by Customer of any of its obligations under this Agreement (other than a failure described in item
(i) above), which breach is not remedied within thirty (30) calendar days of written notice of such failure
from Ameresco to Customer, or (iii) the Customer becomes Insolvent.
7
(c) By Either Party. In the event the Commencement Date does not occur within 365
days after the Effective Date of this Agreement, either Party may terminate this Agreement upon written
notice to the other Parry without further liability.
(d) Pre -Termination Rights. Termination of this Agreement shall not affect any
rights or obligations as between the Parties which may have accrued prior to such termination or which
expressly are intended to survive termination whether resulting from the event giving rise to termination
or otherwise.
(e) Upon termination of this Agreement, Ameresco will remove its personnel, property
and equipment from the Site. All tools, supplies, Manuals, operating logs, records and reports and any
other items furnished and paid for under this Agreement shall be left at a designated location.
Section 4.3 Access to Data and Meters. The Customer will allow Ameresco access to
and grants to Ameresco a non-exclusive, revocable, royalty -free license to collect use reproduce and
prepare derivative works based on (a) any data relating to the electricity production of the System and (b)
any data relating to the weather conditions at the Site. Ameresco shall be entitled to use the foregoing
data for its internal purposes and make such data available to third parties for analysis to Ameresco to
assist in performing Ameresco's obligations under this Agreement.
Section 4.4 Insurance and Indemnities
(a) Ameresco Insurance.
Ameresco shall procure and maintain, or shall cause its subcontractors to procure and to
maintain, in full force and effect while this Agreement is in effect with responsible insurance providers
the insurance required by Section 14 of the Energy Services Agreement.
(b) Customer Insurance.
(i) Customer shall procure and maintain in full force and effect while this
Agreement is in effect with responsible insurance providers the following insurance in at least the
minimum amounts specified below. The procurement and maintenance of such insurance shall be at
Customer's own expense.
(A) Commercial General Liability. Commercial general liability insurance,
occurrence form, including, but not limited to, contractual coverage for all of the provisions of
this Agreement, with limits of not less than $1,500,000 per occurrence and $1,500,000 in the
aggregate;
(B) "All Risk" Property insurance, including physical damage, property damage and
business interruption with commercially reasonable sublimits and deductibles as determined by
the Customer;
(C) Automobile liability insurance, including vehicles owned, hired and non -owned,
with a combined single limit of not less than $1,500,000 per accident;
(D) If Customer has employees, Workers' Compensation insurance in compliance
with appropriate federal and state laws, and Employers Liability Insurance with limit of not less
than $1,000,000 per accident or disease for each employee; and $1,000,000 disease policy limit;
N.
(E) Excess liability insurance, Umbrella Form shall carry coverage in excess of the
limits provided for in the above policies (except Workers Compensation), with a limit of not less
than $2,000,000.
Ameresco shall be furnished with satisfactory evidence that the foregoing insurance is in effect,
and Ameresco shall be notified thirty (30) days prior to the cancellation or material change of any such
coverage. Ameresco and its affiliates shall be named as additional insureds under the coverages required
by this Section 4.4(b). Customer shall be responsible for insuring the physical assets by purchasing or
otherwise acquiring and maintaining its own physical damage and property damage insurance as Customer
deems necessary or appropriate to protect Customer and the host customer under the power purchase
contract (to the extent such protection is required thereunder) against claims and damages.
Customer's insurance coverage shall be primary coverage without right of
contribution from any other insurance carried by Ameresco. Insurance maintained by Ameresco is for the
exclusive benefit of Ameresco and shall not inure to the benefit of Customer. All policies procured by
Customer shall require the insurer to waive subrogation against Ameresco.
(c) Ameresco Indemnification. Ameresco shall fully indemnify, and at Ameresco's
option defend, Customer, its successors and permitted assigns, and their respective affiliates, officers,
directors, employees from and against any and all liabilities, demands, proceedings, damages, costs,
claims, and expenses (including reasonable legal fees) incurred by Customer in connection with or arising
from any claim by a third party for physical damage to or physical destruction of property, or death of or
bodily injury to any person (regardless of whether a third party), but only to the extent caused by the
negligence or willful misconduct of Ameresco or its agents or employees or others under Ameresco's
control.
(d) Customer Indemnification. Customer shall fully indemnify and, at Customer's
option defend, Ameresco, its successors and permitted assigns, and their respective affiliates, officers,
directors, employees from and against any and all liabilities, demands, proceedings, damages, costs,
claims, and expenses (including reasonable legal fees) incurred by Ameresco in connection with or
arising from any claim by a third party for physical damage to or physical destruction of property, or
death of or bodily injury to any person (regardless of whether a third party), but only to the extent caused
by the negligence or willful misconduct of Cusotmer or its agents or employees or others under
Customer's control.
(e) Net of Insurance Benefits. Any recovery under this Section 4.4 shall be limited to
the amount of actual out-of-pocket damages sustained by the indemnified party, net of insurance
recoveries from insurance policies of the indemnified parties.
Section 4.5 Limitation of Liability
IN NO CIRCUMSTANCE SHALL OPERATOR OR COMPANY OR ANY OF THEIR RESPECTIVE
OFFICERS, MEMBERS OR EMPLOYEES BE LIABLE FOR PUNITIVE, INDIRECT,
CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY NATURE INCLUDING, BUT NOT
LIMITED TO, (I) DAMAGES FOR LOST PROFITS OR REVENUES OR THE LOSS OR USE OF
SUCH PROFITS OR REVENUE, (11) LOSS BY REASON OF PLANT SHUTDOWN OR INABILITY
TO OPERATE AT RATED CAPACITY, (111) INCREASED OPERATING EXPENSES OF PLANT OR
I
EQUIPMENT, (IV) DAMAGES TO REPUTATION, OR (V) DAMAGES FOR LOST
OPPORTUNITIES.
Ameresco's total liability to Customer under this Agreement shall not exceed the sum of the
amount of payments received by Ameresco hereunder during the term of this Agreement; provided that
such limitation shall not apply to bar Customer's right of recovery of proceeds of insurance, if any, which
Ameresco is required to maintain pursuant to Section 4.4 of this Agreement, in the event of personal
injury or property damage resulting from Ameresco's negligence or willful misconduct.
Section 4.6 Force Maieure Event
(a) Except for the obligation of either Party to make payment under this Agreement,
neither Party shall be considered to be in default of its obligations under this Agreement when and to the
extent that performance of such obligations is prevented by any Force Majeure.
(b) If either Party shall rely on the occurrence of a Force Majeure as a basis for being
excused from the performance of its obligations under this Agreement, then the Party relying on the event
or condition will (i) promptly notify the other Party; (ii) exercise commercially reasonable efforts to
continue to perform its obligations hereunder; (iii) take action within its reasonable control to correct or
cure the Force Majeure; and (iv) exercise all commercially reasonable efforts to mitigate damages to the
other Parry to the extent such action will not adversely affect its own interests.
(c) In the event that Ameresco is prevented from providing all or part of the System
Services as a result of a Force Majeure for a continuous period of one hundred and eighty (180) days,
either Party may terminate this Agreement.
Section 4.7 Environmental Liability.
Ameresco shall have no liability for and Customer agrees to indemnify, defend and hold
each Ameresco Indemnified Party harmless against and from, any and all damages, losses, liabilities,
claims, litigation, demands, proceedings, judgments, or suits of any kind or of any nature whatsoever
(including reasonable legal, consultant, expert fees incurred in investigating, defending against, settlement
or prosecuting any claim, litigation or proceeding) which may at any time be imposed upon, incurred by
or asserted or awarded against any Ameresco Indemnified Party arising out of or relating to the presence
of any Hazardous Materials which are (i) present on the Site prior to or after the commencement of
Ameresco's work, or (ii) improperly handled or disposed of by Customer or parties under Customer's
supervision (other than Ameresco or the owner of the Site) or (iii) brought on to the Site or produced
thereon by parties other than Ameresco, its subcontractor or parties under Ameresco's supervision.
"Ameresco Indemnified Party" means Ameresco, its officers, directors, shareholders, employees.
ARTICLE 5. MISCELLANEOUS
Section 5.1 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota without regard to principles of conflicts of law.
Section 5.2 Amendments. No amendment to this Agreement shall be binding on the
Parties unless set out in writing, expressed to vary this Agreement, and signed by authorized
representatives of each of the Parties.
Section 5.3 No Waiver. No provision of this Agreement shall be considered waived by
either Party except when such waiver is made in writing. The failure of either Party to insist, on one or
10
more occasions, upon strict performance of any of the provisions of this Agreement or to take advantage
of its rights hereunder or the delay or failure in exercising totally or partially any right or remedy under
this Agreement, shall not be construed as a waiver of any such provisions or the relinquishment of any
such rights or any other rights for the future, but the same shall continue and remain in full force and
effect.
Section 5.4 Successors and Assigns. No Party shall be entitled to assign this Agreement
or any of its rights or obligations under this Agreement without the prior written consent of the other
Party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, without consent
from the other Parry (i) Ameresco shall be entitled to assign its rights and interests in this Agreement in
connection with a merger or acquisition of all or substantially all assets of the business or other corporate
transaction in any form affecting all or substantially all of Ameresco's business, and (ii) Customer may
assign its rights and interest in this Agreement to a purchaser of the entire System, provided such
purchaser is a creditworthy entity in Ameresco's reasonable judgment and that the System is not moved
or decommissioned by the purchaser.
Section 5.5 Representations and Warranties
(a) Representations and Warranties of Customer. Customer represents and
warrants to Ameresco that Customer possesses all requisite power and authority to enter into and perform
this Agreement and to carry out the transactions contemplated herein.
(b) Representations and Warranties of Ameresco. Ameresco represents and
warrants to Customer (i) Ameresco (A) is a corporation duly organized and existing in good standing
under the laws of the State of Delaware and is qualified to do business in the Commonwealth of
Massachusetts; and (B) possesses all requisite power and authority to enter into and perform this
Agreement and to carry out the transactions contemplated herein.
Section 5.6 Additional Documents and Acts. Each Party agrees to execute and deliver
such additional commercially reasonable documents and instruments as may be reasonably requested by
the other Party to effectuate, carry out and perform all of the terms, provisions, and conditions of this
Agreement and the transactions contemplated by this Agreement.
Section 5.7 Independent Contractors. Each Party is entering into this Agreement as an
independent contractor and nothing in this Agreement shall be interpreted or applied so as to make the
relationship of any of the Parties that of partners, joint ventures or anything other than independent
contractors.
Section 5.8 Notices. Any written notice, request, demand or other communication
required or permitted under this Agreement, shall be deemed to be properly given by the sender and
received by the addressee (a) on the date personally delivered; or (b) one (1) Business Day after being
delivered with a nationally recognized overnight courier. Notices shall be addressed to the Parties at the
11
addresses provided on the first page or at the most recent address specified by written notice to the other
Party.
Section 5.9 Dispute Resolution
(a) Any controversy, claim or dispute arising out of or relating to the interpretation,
construction, or performance of this Agreement, or breach thereof (a "dispute") shall be resolved only in
the manner specified in this Section.
(b) Subject to the provisions of Section 3.3 with respect to disputed payments, any
dispute between the Customer and Ameresco shall be resolved, if possible, by negotiations between duly
authorized representatives of the Customer and Ameresco. If the representatives of the Customer and
Ameresco are unable to resolve the dispute within twenty (20) days after submission to them, the Parties
may by mutual decision thereafter submit the dispute to non-binding mediation which, unless the parties
mutually agree otherwise, shall be in accordance with the Energy/Solar Industry Mediation Rules of the
American Arbitration Association currently in effect if no such division/area exists, then the Construction
Industry. The mediation shall be conducted by a single mediator agreed to by the parties (or, if the parties
fail to agree upon a single mediator within fifteen (15) days following the date that such dispute is
submitted to the American Arbitration Association, by a mediator appointed by the American Arbitration
Association). Each party shall bear its own attorney's fees and costs of the mediation and the parties shall
share in the fees and expenses of the mediator. The period within which the mediation shall be completed
shall not exceed sixty (60) days from the time the dispute arose. The Parties shall not be required to
mediate the dispute for more than a single day of mediation.
(c) Any dispute which is not resolved by mediation as provided for herein shall be
subject to litigation by either party in the federal or state courts in the State of Minnesota. The parties
hereto waive any argument that this venue is not appropriate or that the forum is inconvenient. Unless
ordered by the Customer to suspend all or a portion of the System Services hereunder, (a) Ameresco shall
proceed with the performance of the System Services which are not in dispute without any interruption or
delay during the pendency of any of the foregoing dispute resolution procedures and (b) the Customer
shall pay all amounts which are not in dispute during the pendency of any of the foregoing dispute
resolution procedures. Notwithstanding the foregoing, injunctive relief from a court may be sought
without resorting to alternative dispute resolution.
Section 5.10 Complete Agreement. This Agreement and any agreements executed by the
Parties on the date of this Agreement contain the whole agreement between the Parties relating to the
transactions contemplated by this Agreement and supersedes all previous agreements between the Parties
relating to these transactions. Each party acknowledges that, in agreeing to enter into this Agreement, it
has not relied on any representation, warranty, collateral contract or other assurance (except those
repeated in this Agreement and any other agreement entered into on the date of this Agreement between
the Parties) made by or on behalf of any other parry at any time before the signature of this Agreement.
Each party waives all rights and remedies which might otherwise be available to it in respect of any such
representation, warranty, collateral contract or other assurance.
Section 5.11 Headings. The table of contents and headings for each Article and Section
of this Agreement are inserted for convenience of reference purposes only and will not be deemed and are
not intended to limit, affect or expand on the meaning of the language contained in the particular Article
12
or Section or to constitute a part hereof, and will be of no force or effect in construing or interpreting any
of the provisions in this Agreement.
Section 5.12 Severability. The provisions contained in each section, subsection and
clause of this Agreement shall be enforceable independently of each of the others and their validity shall
not be affected if any of the others are invalid. If any of those provisions is void but would be valid if
some part of the provision were deleted, the provision in question shall apply with such modification as
may be necessary to make it valid.
Section 5.13 Multiple Counterparts. This Agreement and any amendments of this
Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but
all of which shall constitute one and the same instrument. A signature on a copy of this Agreement
received by either Party by facsimile or electronic transmission (in PDF format) is binding upon the other
Party as an original.
Section 5.14 Non -Recourse. Customer agrees that there shall be no personal liability on
the part of any directors, officers, shareholders, employees of Ameresco for the payment of any amounts
due hereunder, or the performance of any obligations hereunder.
13
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
AMERESCO, INC.
CITY OF HUTCHINSON, MN
By: By:
Name: Name:
Title: Title:
LM
Name:
Title:
Signature Page to Solar Facility Operation and Maintenance Agreement
EXHIBIT A
SCOPE OF SERVICES
PROPOSED SERVICE LOCATIONS:
Hutchinson Landfill Ground Mount: 1 100 Adams St SE, Hutchinson, MN
Description Price
Annual Preventative Maintenance Program $7,995
Term: 18 Years
Notes:
• *Price listed is first year price. 2% escalator will be applied annually for remaining term of
agreement.
• Transaction Services will be estimated on a case by case basis and are outside the scope of the
above proposal. In cases where sub -contractor is utilized, Contractor will provide the sub-
contractor estimate plus 15% on labor and 20% on materials.
As of the O&M contract commencement date, contractor shall provide the services checked below
at the frequency indicated in accordance with the terms and conditions of this agreement.
1
Annual Preventative Maintenance Reporting
REPORT DELIVERY TO SYSTEM OWNER Frequency
o Overalls stem analysis
Annual
o I-V Curve Trace Report for every string in the
system with performance ratios given at the
" _._.._
strin level
o System visu
Annual
accessible roof penetrations with photos
o Thermal image scans of all readily available
Annual
electrical gear
o Thermal image scans of array modules
Annual
o Itemized list of prescribed corrective
maintenance items with supporting images
Annual
and serial numbers
Annual Preventative Maintenance Site Visit
INVERTER ARE uenc
o Thermal image scans of all readily available
Annual
PV related gear
1
o
Volt in s of AC and DC at inverter
Annual
o
Cleaning interior of inverter and cleaning of
inverter filters with compressed air
Annual
o
All readily availatermin ions checked for
torque
Annual
o
Photos
Annual
D
Follow PV Powered Annual Maintenance
Requirements check list (replacement parts
are corrective
Annual
ELECTRICAL INTERCONNECTION
o
Visual and thermal image scan of this area
where possible without shutdown to building
or creating an unsafe work environment
CONDUIT RUNS
o
Visual inspection of PV system conduit runs
Annual
o
Spot check conduit coupler, connector,
straps, and strut for integrity
Annual
ARRAY LOCATION(S)
Visual scan of entire array with focus to
individual module level noting
o
Broken module glass
Annual
o
Racking damage
Annual
o
Loose racking and module clamps
Annual
o
Debris around or under array
Annual
o
Roof damage from PV racking
Annual
Spot checks of the following array items
where readily accessible
o
Ground bushings
Annual
o
Racking grounding
Annual
o
Module grounding
Annual
o
Combiner box grounding
Annual
o
Module clamp torques
Annual
DC string level testing
o
I-V Curve Trace on every string
Annual
o
String level Predicted vs. Measured
Annual
o Pmax W
Annual
o Vm V
Annual
o Imp A
Annual
o Voc V
Annual
o Isc A
Annual
o
Fuse continuity
Annual
o
All string terminations checked for torque
Annual
o
All combined output terminations checked
for torque
Annual
o
Irradiance and cell temperatures taken
during testing
Annual
EXHIBIT B
Classification of Services
The following chart summarizes and classifies the categories of services to be provided under this Agreement:
Description of Services
1) DAS Alarm Diagnostics
Contractor shall, solely upon request by Owner, remotely respond within one business day after being
contacted by Owner, to any DAS alarm as follows: (i) research the impact of such DAS alarm and the
requirements for intervention to resolve such alarm, and (ii) communicate and cooperate with Owner
regarding analysis thereof and determination of appropriate response thereto. No such DAS Alarm Diagnostics
request shall require more than 1 person -hour; any request for DAS Alarm Diagnostics in excess of two requests
per calendar month shall be deemed Additional Services and billed accordingly.
2) Investigative Site Visits
When instructed by Owner via email, Contractor shall perform Site Visits to investigate the cause of a DAS
alarm (" Investigative Site Visits"). Each Site Visit shall be deemed part of the Transactional Services hereunder.
Such Site Visit shall take place within 2 business days after being instructed by Owner.
3) Preventive Maintenance
a. See attached Exhibit A Scope of Services
4) Corrective Maintenance (Minor Defects)
Perform all corrective maintenance of the System relating to Minor Defects, including repairs and
replacements of Minor Equipment, within 10 business days of Owner's email request therefor. Corrective
Maintenance of Minor Defects shall be limited to two (2) person -hours per Preventive Maintenance visit. If the
Corrective Maintenance of Minor Defects requires more than two person -hours of work, those person hours shall
be deemed Additional Services and billed accordingly.
5) Cleaning
Perform each Cleaning as requested by Owner. "Cleaning" means washing and removing all material
from the surface of each solar panel in accordance with Industry Standards.
6) Corrective Maintenance (Major Defects)
1
System Services
Transactional
Services
Additional
Services
DAS Alarm Diagnostics
X
X
Investigative Site Visits
X
Preventive Maintenance
X
Cleaning
X
Corrective Maintenance (Minor
Defects
X
X
Corrective Maintenance
Major Defects
X
Warranty Services
X
X
Description of Services
1) DAS Alarm Diagnostics
Contractor shall, solely upon request by Owner, remotely respond within one business day after being
contacted by Owner, to any DAS alarm as follows: (i) research the impact of such DAS alarm and the
requirements for intervention to resolve such alarm, and (ii) communicate and cooperate with Owner
regarding analysis thereof and determination of appropriate response thereto. No such DAS Alarm Diagnostics
request shall require more than 1 person -hour; any request for DAS Alarm Diagnostics in excess of two requests
per calendar month shall be deemed Additional Services and billed accordingly.
2) Investigative Site Visits
When instructed by Owner via email, Contractor shall perform Site Visits to investigate the cause of a DAS
alarm (" Investigative Site Visits"). Each Site Visit shall be deemed part of the Transactional Services hereunder.
Such Site Visit shall take place within 2 business days after being instructed by Owner.
3) Preventive Maintenance
a. See attached Exhibit A Scope of Services
4) Corrective Maintenance (Minor Defects)
Perform all corrective maintenance of the System relating to Minor Defects, including repairs and
replacements of Minor Equipment, within 10 business days of Owner's email request therefor. Corrective
Maintenance of Minor Defects shall be limited to two (2) person -hours per Preventive Maintenance visit. If the
Corrective Maintenance of Minor Defects requires more than two person -hours of work, those person hours shall
be deemed Additional Services and billed accordingly.
5) Cleaning
Perform each Cleaning as requested by Owner. "Cleaning" means washing and removing all material
from the surface of each solar panel in accordance with Industry Standards.
6) Corrective Maintenance (Major Defects)
1
Perform all corrective maintenance of the System relating to Major Defects, such work to be commenced
within 15 days of Owner's email request therefor, and diligently pursued thereafter.
7) Warranty Services
7.1 Equipment Warranty Coordination
Assist in OEM warranty coordination by providing up to a maximum of 3 hours of off-site telephone and
electronic communication support per OEM warranty issue during the Term. A distinct OEM Warranty
issue shall be determined as a fault or failure which is unrepeated at an individually metered system
within the previous 45 days of operation, or multiple faults or failures which are substantially similar
across multiple systems within the last 45 days of operation. Contractor agrees to provide any and all
requested OEM warranty support beyond the foregoing on a time and materials basis per the
Schedule of Fees in Exhibit C. Owner assumes sole responsibility for all equipment repair and/or
replacement costs and expenses associated with OEM warranty claims during the Term, including, but
not limited to: travel time, on-site diagnostic time, shipping, handling, receiving
or storing equipment, any other support time in excess of 3 hours per OEM warranty claim, and labor
to replace or repair equipment pursuant to an OEM warranty claim.
7.2 Reporting Potential Warranty Issues
Report to Owner any issues which in the reasonable judgment of Contractor, might develop into
warranty claims later during the Term of the Agreement if no corrective action is taken.
7.3 Assignment of Warranties
Contractor shall ensure that it may assign, and shall assign, to Owner the equipment warranties for any
Spares or other equipment procured by Contractor pursuant to this Agreement. Upon request,
Contractor shall provide Ownerwith reasonable assurances that all warranty agreements, service
contracts with third parties, and other agreements affecting the performance of the System are in full
force and effect.
1
EXHIBIT C
Schedule of Service Fees
Additional Services:
Owner may provide verbal or email authorization for the performance of Corrective Maintenance (Major
Defects) Fees of less than $2,000.00, accrued on a time and materials basis as outlined below, during
Contractor Site Visit, should Contractor determine that Major Defects require Additional Services. Any
Additional Services estimated by Contractor to require Fees in excess of $2,000.00 shall require prior written
consent of Owner.
Time Rates:
OS: $1 15/hr for on-site time, per person
TR: $50/hr for travel time, per person
MP: $75/hr for time spent procuring materials, per person
DSK: $75/hr for desk time (research, telephone and email related to issue resolution), per person.
The above time and materials rates are valid until December 31, 2015, after which Owner and Contractor shall
negotiate applicable rates. Contractorwill charge a 20% markup on all materials or equipment rental (e.g.
scissor lift) costs.
The rates listed above labor fee shall include all profit, overhead, and other administrative costs associated with
Contractor's provision of such labor and shall be billed in increments of 0.25 hours.
Materials: Materials shall be billed to Owner at a markup of 20% to the cost to Contractor.
Additional Services:
Investigative Site Visit: $400 per Investigative Site Visit, and $115 per hour per technician after the first hour of
on- site investigation.
19
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: Xcel Energy RDF Grant Agreement for VVWTF Solar PV Project (L4/P15-04)
Department: PW/Eng
LICENSE SECTION
Meeting Date: 12/23/2014
Application Complete N/A
Contact: Kent Exner
Agenda Item Type:
Presenter: Kent Exner
Reviewed by Staff ❑
New Business
Time Requested (Minutes): 5
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
Xcel Energy has conducted necessary reviews of the WWTF Solar PV Installation Project (grant #EP4-41). Upon the
completion of their review a grant contract can be executed in accordance with the requirements outlined in the Xcel
RDF Request for proposals.
City staff will provide a brief project overview and will be available to answer any questions or provide additional
information.
BOARD ACTION REQUESTED:
Approval of Xcel RDF Grant Agreement
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost: $ 1,469,000.00
Total City Cost: $ 510,631.00 Funding Source: Wastewater Utility Funds
Remaining Cost: $ 958,369.00 Funding Source: Xcel RDF Grant
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: Cemetery Columbaria Shelter Project
Department: PW/Eng
LICENSE SECTION
Meeting Date: 12/23/2014
Application Complete N/A
Contact: John Olson
Agenda Item Type:
Presenter: John Olson
Reviewed by Staff ❑
New Business
Time Requested (Minutes): 20
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
The trend of people choosing cremation services instead of traditional burials is expected to continue growing into the
future. To address this trend, the Cemetery has created both in-ground and above-ground options for inurnments.
Columbaria niches provide an excellent option for customers. Considering the success of previous columbaria
projects, staff is recommending the addition of 120-niche columbaria and a shelter at the columbaria site.
To further develop this site, Public Works staff is recommending a project that includes construction of a shelter with
120 integral niches along with installation of foundations for four (4) additional free-standing 40-unit columbaria to be
installed in the future, as needed.
In discussions with Finance Department staff, the recommended funding source for this project would be designated
fund balance.
BOARD ACTION REQUESTED:
Approval of Resolutions
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost: $ 159,202.00
Total City Cost: $ 159,202.00 Funding Source: Fund balance designated for Cemetery
Remaining Cost: $ 0.00 Funding Source:
C
December 23, 2014
City of Hutchinson
Public Works Department
Operations & Maintenance
1400 Adams St SE
Hutchinson, MN 55350
Phone (320) 234-4219 Fax (320) 234-6971
To: Honorable Mayor and City Council members
From: John Olson, Public Works Manager
Subject: Development of Columbaria & Shelter at Oakland Cemetery
Background:
The trend of people choosing cremation services instead of traditional burials is expected to
continue growing into the future. To address this trend, the Cemetery has created both in -ground
and above -ground options for inurnments.
Columbaria niches provide an excellent option for customers. Considering the success of
previous columbaria projects, staff is recommending the addition of a shelter with 120 integral
niches at the current columbaria site.
Cremation services at Oakland Cemetery:
Year
Cremation
Traditional
1991-1995
8%
92%
1996-2000
16%
84%
2001-2005
24%
76%
2006-2010
35%
65%
2011-2013
45%
55% * by 2015, it is expected to be 50'16/50%
The Cemetery developed in -ground and columbaria inurement options in an area of the Cemetery
that had seen limited use in the past. The area developed now includes 212 in -ground spaces and
200 above -ground spaces.
Columbaria installed
Units
2000 =
40
2002 =
40
2005 =
40
2 ea. in 2009 =
80
K11
Units sold Status
40
Sold out in 2004
40
Sold out in 2013
40
Sold out in 2013
5
1st sale in 2013 (5/40)
125
Based on the experience of the last 14 years, new niches tend to sell rather quickly immediately
after construction, followed by a longer period of steady sales.
In the period between 2000 and November, 2014, an average of nine (9) niches were sold per
year and there were been six (6) inumments per year. So far in 2014, nine (9) niches have been
sold and there have been ten (10) inurnments through the end of November.
Addition of a shelter with 120 integral niches and placement of foundations for four (4) additional
free-standing 40 -unit columbaria (to be installed in the future as needed) will provide a distinct
focus on the columbaria area. The shelter will provide a place for funeral services to take place,
even in inclement weather, for the existing niches, new niches integral to the shelter, as well as
for the in -ground cremation area immediately to the south of the shelter. Considering the
increasing growth in cremation funerals, the proposed project is expected to generate significant
interest from the community and a resulting increase in the sales of both niches and in -ground
cremation gravesites in that area.
Estimated project costs for installing a 120 -niche shelter is $159,202. Public Works and Finance
Department staff recommends funding the investment in the 120 -niche shelter from assigned fund
balance.
Public Works staff recommends approving construction of 120 -niche shelter and installation of 4
foundations for upright columbaria. Project costs are anticipated to be $159,202, to be funded
from assigned fund balance.
OAKLAND CEMETERY
SCHMIDT'S ADDITION / BLOCK 87
Pe
�Naa
�-4a
F(SA
helter)
NT
F;; D I 1 Imo!
COLD SPRING GRANITE COMPANY, 17482 Granite West Road, Cold Spring, MN 56320-4578 USA
800-328-5040 320-685-3621 Fax 320-685-8490
12/02/2014
PH: 320 234 2583
FX: 320 234 5644
No. of Pages: 1
OAKLAND CEMETERY
1400 ADAMS ST SE
HUTCHINSON, MN 55350
Attn: SONJA MUELLERLEILE Project Name: Niche Shelter
Project Location: Hutchinson, MN
Ref: Niche Shelter - 2015 Construction - REVISED
PRICE QUOTE
Sonja, following is our pricing for the Niche Shelter per Design 0375 dated 11/1/13 with foundations for four
freestanding columbariums:
• Per Design 0375 dated 11/1/13, sheets 1-2
• Each shelter leg containing single depth niches 2 wide x 6 high loading two sides, for total 120 niches
• Reinforced concrete niches with a durable polystyrene liner and closure included
• Polished Mid Range Rockville White trim
• Polished Narrow Range Academy Black niche fronts
• Niche fronts will be predrilled with two holes for bronze memorialization
• Polished Mid Range Rockville White radial bench
• Soil tests and analyses included
• Permit allowance of $2,400 included
• Shelter features include Western Red Cedar Glu -lam structural wood beam and deck roof system
• Exposed underside - architectural appearance grade with 2x6 decking
• Structural columns with standard 6" nominal steel pipe for shelter roof support
• Standing seam metal panel roofing system
• 6' sidewalks around the unit,and shelter pad included (780 sq. ft.)
• Foundation included
• Foundations only for four additional 40 niche columbariums included
• Installation of columbarium units and shelter included
• Freight to Hutchinson, MN, included
• Your price, excluding tax, is $159,202
• This price is valid for 60 days
Pricing as noted above is for budget purposes only.
Submitted By
Deb Bell
800- 328-5040 x4646
CITY OF HUTCHINSON, MINNESOTA
NOTES TO THE FINANCIAL STATEMENTS
DECEMBER 31, 2013
Note 3: DETAILED NOTES ON ALL FUNDS - CONTINUED
G. Fund balance classification
At December 31, 2013, a summary of the governmental fund balance classifications are as follows:
Special
Assessment Other
Debt Improvement Governmental
General Service 2013 Funds Total
Fund balances
67,434 4,872,276
- 2,061,973
Restricted for
Committed for
Drug forfeiture $ 67,434 $ - $
- $ -
$ 67,434
Debt service - 4,872,276
-
4,872,276
MNDOT land proceeds - -
- 1,700
1,700
Parkland dedication - -
- 74,590
74,590
Capital projects - -
- 12,019
12,019
Economic development loans - -
- 1,114,513
1,114,513
Energy loans - -
- 202,588
202,588
HRA loans - -
- 75,013
75,013
Minnesota investment - -
242,989
242,989
Tax increment financing - -
- 338,561
338,561
Total restricted
67,434 4,872,276
- 2,061,973
7,001,683
Committed for
Working capital
4,396,184 -
- -
4,396,184
Emerald ash borer
220,000 -
- -
220,000
Tree escrow
- -
- 104,380
104,380
Public arts commission
- -
- 17,018
17,018
Total committed
4,616,184 -
- 121,398
4,737,582
Assigned for
Mosquito control
26,475 -
- -
26,475
Perpetual care (egingtery).
3.68,826 -
- -
36$,826
Kurail fire department
- -
- 1,149
1,149
Hutchinson area transportation
facility
- -
- 157,231
157,231
Development
- -
- 126,481
126,481
Capital projects
- -
619,623 3,262,225
3,881,848
Community improvement
- -
- 3,354,242
3,354,242
Total assigned
395,301 -
619,623 6,901,328
7,916,252
Unassigned
1,059,185 -
- (35,526)
1,023,659
Total fund balance
$ 6,250,231 $ 4,872,276
$ 619,623 $ 9,049,173
$20,791,303
-105-
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: Consideration for Approval of Conducting "National Citizen Survey"
Department: Administration
LICENSE SECTION
Meeting Date: 12/23/2014
Application Complete N/A
Contact: Marc Sebora
Agenda Item Type:
Presenter: Marc Sebora
Reviewed by Staff ✓❑
New Business
Time Requested (Minutes): 5
License Contingency N/A
Attachments: No
BACKGROUND/EXPLANATION OF AGENDA ITEM:
In 2011, the City of Hutchinson utilized the National Research Center in Boulder, Colorado to administer a National
Citizen Survey. The results of this survey were used to aid in planning and budgeting for future years. It has been
suggested in the past, and most recently at the last Council meeting, that a citizen survey be completed every three or
four years. Therefore, conducting a citizen survey would be on par with the Council's intention of having surveys
conducted on a regular basis. The National Research Center conducts the mailings, tabulation, comparisons to
national norms as well as to the City's last survey and provides a final report. As with the last survey, there is a
possibility that the school district may wish to be part of adding in some custom questions for their needs. The
minimum base price for the survey is $12,510 with available add-in options to the survey, which would increase the
total price depending on what, if any, add-on selections are made.
BOARD ACTION REQUESTED:
Approve conducting "National Citizen Survey" with the National Research Center.
Fiscal Impact: $ 12,510.00 Funding Source: Capital Projects Fund
FTE Impact: 0.00 Budget Change: Yes
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: PURCHASE OF THE 2014 SCULPTURE WALK PIECE "JACK'
Department: City Council
LICENSE SECTION
Meeting Date: 12/23/2014
Application Complete N/A
Contact:
Agenda Item Type:
Presenter: Mayor Steve Cook
Reviewed by Staff ❑
New Business
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
The Hutchinson public arts program was established in 2006 to help add more public art to the city. As a part of that
effort the Public Arts Commission has been sponsoring the Hutchinson Sculpture Stroll since 2013. The sculpture
stroll brings a variety of art pieces to the city for display on a leased basis for a one year period. Artists receive a
$1,000 stipend that helps with their transportation, insurance and other expenses.
While our stipend helps attract artists to the sculpture stroll, successful art walk programs recognize that purchases of
pieces is an important element to the continued success of the programs because, in addition to the exposure that
artists receive, artists also hope to sell their piece through their participation in art walks. Knowing that pieces are
purchased occasionally gives an added incentive to artists to enter their pieces in a local art walk and also helps the
program continue to attract quality art.
With that background I propose that the City purchase the 2014 Sculpture Stroll piece titled "Jack", which is placed
next to the RiverSong stage in West River Park. This was an extra location added last year specifically because the
piece fits the site so perfectly. Purchasing this piece allows the regular six sculpture walk pads to continue to be used
for the sculpture stroll.
I attended the Public Arts Commission meeting on December 11th to discuss this and the commission was supportive
of the city purchasing the piece. Besides providing another permanent art piece to the city, the purchase would be
noted in the upcoming "Call to Artists" for the 2015 Sculpture Stroll that will be sent out in mid January.
The purchase price of the piece is $17,000. However, the City/PAC receives 25% of that as a commission to help
support the program. As a result the City's price would be $12,750. It is suggested that funding come from the
balance of the $15,000 public arts capital projects fund allocation for 2014, which is $9,084. The remaining $3,702
would come from the original public art seed money provided in the public sites fund which has a balance of $17,517.
City Controller Andy Reid approves of this funding approach.
BOARD ACTION REQUESTED:
Approve purchase of 2014 Sculpture Walk piece, "Jack"
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost: $ 12,750.00
Total City Cost: $ 12,750.00 Funding Source: Public Arts - Capital Projects/Public Sites
Remaining Cost: $ 0.00 Funding Source:
TTI
Tf
oc W'. ti
lt3"
Aw�
EDA Board Meeting
Main Conference Room — City Center
11:30 AM Wednesday, October 22th, 2014
Members present in bold.
MEETING MINUTES
Members
Tim Ulrich Steve Jansick Daron Vanderheiden Chad Czmowski
Mary Christensen Mike McGraw Jonny Block
Staff
Lee Miller, EDA Director
Andy Reid, City Controller
Jeffrey Page, EDA Assistant
Call to Order - Ulrich called the meeting to order at 11:34 AM.
Approve Agenda — No Action
III. Review Minutes of September Finance Team Meeting
M/S/P: Ulrich, McGraw to approve the September Finance Team Minutes; passed unanimously.
Review Minutes of the September EDA Board Meeting
M/S/P: Czmowski, Block to approve the September EDA Board Meeting Minutes; passed unanimously.
IV. Review September EDA Financial Statements — Lee Miller
■ Cash available in operations is $145,958.
■ $56,736 is reserved (proceeds from Warrior land sale) and $86,374 is unreserved.
■ The Economic Development Loan fund has $505,552 in cash available.
■ $100,000 is reserved (Luce Line Trail contribution). $405,552 is unreserved.
■ Loan repayments for the month were $409.
■ Downtown revolving loan fund has $194,406 in cash available; $113,721 is unreserved; loans receivable
total $748,646 and $201,329 in capital assets (Cenex & Wright properties).
■ Loan repayments totaled $10,008 for the month.
■ MIF Loan fund has $949,689 in cash available and loans receivable of $309,770 ($244,339 NuCrane and
$65,431 Customer Elation).
M/S/P: Block, Vanderheiden to approve the September financials as presented; passed unanimously.
V. Director's Report
A. Depot Marketplace Redevelopment: Staff updated the Board on the Depot Marketplace project being
selected as a finalist for the ReScape Award. Staff had submitted the project for the award under the
Small City Impact Category. EDA, Engineering, and Planning staff, and the Mayor will be attending the
awards banquet on Thursday, October 23rd. Staff updated the Board on market successes, noting that
vendor attendance has decreased as fewer crops are still in season.
B. Manufacturing Tours/Made in McLeod: Staff informed the Board of general success of the opportunity
for parents and students to tour local industries on October 15th. Seven manufacturers participated, some
of whom gave tours the entire day. There were 50 participants, including student representation of grades
6 through 12. DEED representatives and local media also participated in the day.
C. Cenex site monitoring wells: Staff informed the Board that the five monitoring wells may now be sealed.
Planning Staff estimates the costs of filling them are unlikely to exceed $400 each. Staff can apply for a
grant from the well sealing fund from the Water Department which will cover up to 75% of the cost of
sealing the wells.
M/S/P: McGraw, Christensen to approve sealing the five monitoring wells yet this year, with costs not to exceed
$600 after the Water Department 75% cost share grant; passed unanimously.
D. Downtown Revolving Loan Fund Program Recommendations: Staff presented to the Board the
program changes recommended by the Finance Team subcommittee.
M/S/P: Block, Chistensen to approve the Finance Team subcommittee recommended changes to the Downtown
Commercial Rehabilitation Loan, Downtown Storefront Revitalization Matching Grant, and Sign & Awning Grant
programs as presented to the Board, and to lift the moratorium on said programs, effective immediately; passed
unanimously.
E. EDA Website: Staff recommends merging both of the EDA's websites into one. There is great content
on the min nesotasmanufaturingcity.com site but not nearly as much traffic to the site as
hutchinsoneda.com. Combining both sites will also result in some cost savings, as only one page will
have to be hosted. Staff recommends maintaining rights to both domains.
M/S/P: Block, McGraw to consolidate all the website content onto hutchinsoneda.com and to maintain the rights to
min nesotasmanufacturingcity.com; passed unanimously.
F. Update on business prospects: Staff is continuing discussions with several prospective companies
regarding space and financing needs.
VI. Grant and Loan Applications
Sign & Awning Grant
Michael McGraw/State Farm Insurance $2,000
M/S/P: Block,Czmowski to approve the application for $2,000, provided the applicant complies with program
guidelines; passed unanimously; McGraw abstained.
VII. Other Business
A. Vanderheiden informed the Board of his recent trips to South Dakota to explore various Career and
Technical Academy models.
VIII. Set Next Meeting — 11:30 AM Wednesday November 26th, 2014.
IX. Adjourn - With no further business to attend to, the meeting was adjourned at 12:50 PM.
Respectfully Submitted,
Jeffrey Page
EDA Assistant
HUTCHINSON CITY COUNCIL ci vof 0, a_ �
Request for Board Action 79 M-W
Agenda Item: Residential Leaf Vacuum Service 2014 Annual Report
Department: PW/Eng
LICENSE SECTION
Meeting Date: 12/23/2014
Application Complete N/A
Contact: John Olson
Agenda Item Type:
Presenter: John Olson
Reviewed by Staff F1
Governance
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
This year's 'instant' winter put a halt to the residential leaf vacuum service two weeks early this year.
The attached are reports include:
1) Annual Report Narrative
2) Summary of activity, including:
a) Service period
b) Materials hauled
c) Labor utilized
d) Equipment used
e) Summary of program costs
It is important to note for 2014, that there were 2 fewer weeks over which capital costs could be spread, which
resulted in higher unit costs. Capital cost of equipment represents the single largest cost for this service.
BOARD ACTION REQUESTED:
No action required, monthly report
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost: $ 0.00
Total City Cost: $ 0.00 Funding Source:
Remaining Cost: $ 0.00 Funding Source:
December 23, 2014
City of Hutchinson
Public Works Department
Operations & Maintenance
Residential Leaf Vacuum Service
To: Honorable Mayor & City Council members
From: John Olson, Public Works Manager
CC: Marc Sebora, City Attorney/Interim City Administrator
Kent Exner, DPW/City Engineer
Subject: Residential Leaf Vacuum Service — 2014 Annual Service Report
Decrease in Volume
Residential Leaf Vacuum services have been provided for five years at an average cost per home
of $26.
In 2014, there was a 32% decrease in the volume of leaves vacuumed (tons). The number of
loads also decreased by 33% in 2014. These amounts are reasonable, considering we only were
able to provide service 4 of the 6 weeks scheduled, which equates to 2/3 of the scheduled
weeks.
Tons and loads both decreased because the program ran for 4 weeks this year. The last two
weeks were lost due to snow. The City got 2.4 inches of snow on November 10, followed by
cold temperatures, so the snow did not melt. Five days later, another 1.5 inches of snow fell.
This year's 'heavy' period was in week #2. We hauled 93 loads in week #21 about 11% less than
the record week (week #5 of 2013), when we hauled 105 loads.
Service was provided over a 4 -week period in 2014. In 2013, 2012 and 2011, service was
provided over 6 weeks. In 2010, leaves were vacuumed over a 5 -week period.
Ongoing Equipment Maintenance
Because of the short 2014 season, most wear parts (such as tubes, fan blades, fan housings, and
tires) did not need to be repaired/replaced. Reduced hours of use will allow the City to use the
equipment in its current condition next season. It will be necessary to rebuild the leaf vacuums
following the 2015 season.
Accidents/Incidents
There were no accidents this season. People respect the machinery and give operators plenty of
space, which is great to see. That said, the Operators take great care when operating leaf
vacuums. For safety, all units are equipped with mirrors, backup cameras, and warning signs.
Conclusion
I'd like to take this opportunity to publicly thank the Public Works staff fortheir dedication. The
residential leaf vacuum service has been very successful for the last five years, even though this
is the first year that we were 'snowed -out.' Over the last five years, the department has been
downsized by three full-time staff. Existing staff has dug in, worked hard, and implemented a
number of efficiencies to ensure this valued service is provided.
This service remains one of the most popular services provided by the City. Based on feedback
from residents and City staff, plans are to continue this service into the foreseeable future
unless directed otherwise by the City Council, or if inadequate resources were to require its
elimination.
RESIDENTIAL LEAF VACUUM SERVICE
ANNUAL SERVICE REPORT
Service period
2014
2013
2012
2011
2010
Service began
10/14/14
10/15/13
10/09/12
10/11/11
10/19/10
Service ended
11/07/14 (snow)
11/25/13
11/19/12
11/21/11
11/22/10
Weeks of service
4
6
6
6
5
Loads Hauled
2014
2013
2012
2011
2010
REFS-013-HEQ ODE Leaf Vacuum
88
105
116
110
55
STWT-014-HEQ ODE Leaf Vacuum
77
115
116
103
51
STWT-184-HEQ ODE Leaf Vacuum
74
47
-
STWT-024-HEQ Challenger Sweeper
-
4
-
54
7
STWT-879-HTK Vac -All Sweeper
-
84
104
56
50
Total Loads Hauled
239
355
336
323
163
-33%
6%
4%
98%
Tons Hauled
REFS-013-HEQ ODE Leaf Vacuum
229.2
321.1
307.0
224.7
124.4
STWT-014-HEQ ODE Leaf Vacuum
197.0
306.5
264.9
171.1
98.6
STWT-184-HEQ ODE Leaf Vacuum
168.0
139.5
-
-
STWT-024-HEQ Challenger Sweeper
-
16.8
-
24.2
25.0
STWT-879-HTK Vac -All Sweeper
-
91.4
208.8
78.5
129.1
Total Tons Hauled
594.2
875.3
780.7
498.5
377.1
-32%
12%
57%
32%
2014
2013
2012
2011
2010
Regular Hours
450.25
727.0
842.5
628.5
465.0
Overtime Hours
18.5
14.5
54.5
21.5
13.0
Total Hours
468.75
741.5
897.0
650.0
478.0
-37%
-17%
38%
36%
Regular Pay
9,938.32
16,215.78
17,143.96
12,726.69
10,364.29
Overtime Pay
734.77
494.74
1,721.70
695.54
400.29
Total Pay
10,673.09
16,710.52
18,865.66
13,422.23
10,764.58
Indirect Labor Rate (Regular) = 48.75%
4,526.80
7,905.19
8,357.68
6,204.26
5,052.59
Indirect Labor Rate (Overtime) = 22.60%
166.06
111.81
389.10
157.19
90.47
Total Indirect Labor
4,692.86
8,017.00
8,746.78
6,361.45
5,143.06
(*indirect labor rates per FEMA report September 2011)
Direct & Indirect Labor- Per Hour 32.78 33.35 30.78 30.44 33.28
RESIDENTIAL LEAF VACUUM SERVICE
ANNUAL SERVICE REPORT
2010
Hours
Repairs
Fuel
Operating
Capital
Total
2009 ODB Leaf Vacuum (13)*
141.0
1,324.30
23.15
1,347.45
5,428.50
6,775.95
2009 ODB Leaf Vacuum (14)*
140.0
464.83
754.09
1,218.92
5,428.50
6,647.42
John Deere Tractors (2 ea.)**
157.0
90.54
3,239.26
3,329.80
10,901.00
14,230.80
2003 Sterling/Vac-All'
179.0
2,413.68
2,459.63
4,873.31
16,167.00
21,040.31
2007 Elgin Sweeper"
364.0
902.09
1,296.23
2,198.32
22,286.00
24,484.32
981.0
5,195.44
7,772.36
12,967.80
60,211.00
73,178.80
Cost per hour
74.60
2011
Hours
Repairs
Fuel
Operating
Capital
Total
2009 ODB Leaf Vacuum (13)*
205.0
173.81
616.25
790.06
5,428.50
6,218.56
2009 ODB Leaf Vacuum (14)*
183.0
4,861.27
2,899.06
7,760.33
5,428.50
13,188.83
John Deere Tractors (2 ea.)**
380.9
3,770.00
3,204.22
6,974.22
10,294.40
17,268.62
2003 Sterling/Vac-All'
76.0
16,993.59
1,710.09
18,703.68
16,167.00
34,870.68
2010 Challenger Sweeper'
483.0
902.09
1,296.23
2,198.32
22,286.00
24,484.32
1,327.9
26,700.76
9,725.85
36,426.61
59,604.40
96,031.01
Cost per hour
72.32
-3%
2012
Hours
Repairs
Fuel
Operating
Capital
Total
2009 ODB Leaf Vacuum (13)*
148.0
551.71
3,598.33
4,150.04
5,428.50
9,578.54
2009 ODB Leaf Vacuum (14)*
152.0
410.88
3,308.83
3,719.71
5,428.50
9,148.21
John Deere Tractors (2 ea.)**
321.0
91.37
-
91.37
11,091.49
11,182.86
2003 Sterling/Vac-All'
243.0
1,946.41
4,529.71
6,476.12
16,167.00
22,643.12
2010 Challenger Sweeper'
4.0
-
65.12
65.12
22,286.00
22,351.12
868.0
3,000.37
11,501.99
14,502.36
60,401.49
74,903.85
Cost per hour
86.29
19%O
2013
Hours
Repairs
Fuel
Operating
Capital
Total
2009 ODB Leaf Vacuum (13)*
193.0
926.26
1,296.82
2,223.08
5,428.50
7,651.58
2009 ODB Leaf Vacuum (14)*
191.2
1,745.81
1,458.60
3,204.41
5,428.50
8,632.91
2013 ODB Leaf Vacuum (184)*
152.0
583.60
1,243.38
1,826.98
5,428.50
7,255.48
Al RP -055 -TRC (Airport tractor)
7.0
-
-
-
5,000.00
5,000.00
John Deere Tractors (2 ea.)**
384.2
-
-
-
20,800.00
20,800.00
2003 Sterling/Vac-All'
120.0
121.28
97.17
218.45
16,167.00
16,385.45
2010 Challenger Sweeper'
7.0
416.00
-
416.00
22,286.00
22,702.00
1,054.4
3,792.95
4,095.97
7,888.92
80,538.50
88,427.42
Cost per hour
83.87
-3%
2014
Hours
Repairs
Fuel
Operating
Capital
Total
2009 ODB Leaf Vacuum (13)*
88.0
926.26
1,296.82
2,223.08
6,498.00
8,721.08
2009 ODB Leaf Vacuum (14)*
83.0
1,745.81
1,458.60
3,204.41
6,498.00
9,702.41
2013 ODB Leaf Vacuum (184)*
89.0
583.60
1,243.38
1,826.98
6,498.00
8,324.98
John Deere Tractors (3 ea.)**
260.0
-
2,104.98
2,104.98
20,800.00
22,904.98
2003 Sterling/Vac-All'
3.0
121.28
97.17
218.45
16,167.00
16,385.45
2010 Challenger Sweeper'
2.0
416.00
-
416.00
22,286.00
22,702.00
525.0
3,792.95
6,200.95
9,993.90
78,747.00
88,740.90
Cost per hour
169.03
102%O
`Leaf Vacuums ($4s,48sreplacement cost a7 years), "Tractor rent per year,
c Vac -All ($194K replacement cost +12 years), " Sweeper ($156K replacement cost +7 years)
RESIDENTIAL LEAF VACUUM SERVICE
ANNUAL SERVICE REPORT
*Note, cap hal costs divided over fewer weeks of service results in higher annual costs
2014
2013
2012
2011
2010
Direct labor
10,673.09
16,710.52
18,865.66
13,422.23
10,764.58
Indirect labor
4,692.86
8,017.00
8,746.78
6,361.45
5,143.06
Equipment operating costs
9,993.90
7,888.92
14,502.36
36,426.61
12,967.80
Equipment capital costs
78,747.00
80,538.50
60,401.49
59,604.40
60,211.00
Total program costs
104,106.85
113,154.94
102,516.29
115,814.69
89,086.44
-8%
10%O
-11%
30%
Cost per load
435.59
318.75
305.11
358.56
546.54
Cost per ton
175.21
129.28
131.31
232.33
236.24
Cost per curb mile
vs est. 594.90
646.60
585.81
661.80
509.07
Cost per house
4,100 est. 25.39
27.60
25.00
28.25
21.73
Cost per week
26,026.71
18,859.16
17,086.05
19,302.45
17,817.29
*Note, cap hal costs divided over fewer weeks of service results in higher annual costs
HUTCHINSON CITY COUNCIL
ci=V�f�
Request for Board Action
79 M-W
Agenda Item: Snow Removal - Ice Control Report (November 2014)
Department: PW/Eng
LICENSE SECTION
Meeting Date: 12/23/2014
Application Complete N/A
Contact: John Olson
Agenda Item Type:
Presenter: John Olson
Reviewed by Staff ❑
Governance
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
Our'instant' winter started with vengeance this year. We had unseasonably cold weather and started out with a near
miss of a snowstorm that dumped significant amounts of snow in central Minnesota.
Attached are reports, as indicated:
1) Snow Removal - Ice Control by the numbers
2) November summary
3) Personnel utilized
4) Equipment used
BOARD ACTION REQUESTED:
No action required, monthly report
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost: $ 0.00
Total City Cost: $ 0.00 Funding Source:
Remaining Cost: $ 0.00 Funding Source:
Snow Removal -Ice Control
by the numbers
Days with operations 13 2
Actual snowfall (inches) 5.2 2.0
Average snowfall (inches) 7.6 7.6
Days with below 00 temps
5 -
Actual average high temp
32 41
Actual average low temp
15 21
Average high temp
41 41
Average low temp
23 23
City employees utilized 18 7
Contractors utilized 5 -
Total personnel hours 451.0 38.0
City equipment units used
23 9
Contractor equipment units used
5 -
Total equipment hours
454.5 38.0
Gallons of fuel used
1,412.6 167.0
Salt brine used (gallons) 3,075.9 -
Sand -Salt used (tons) 272.2 12.0
De-icing salt used (tons) 13.1 -
11/01/14
Equipment
46
20
-
Low
11/02/14
Equip
Operators
Personnel
I(ea)
hours
58
36
Sand/Salt
De-ice
High
temp
Precip
Date
Description
(ea)
hours (hrs)
(hrs)
Fuel (gal)
Salt brine (gal)
(ton)
salt (ton)
temp (F)
(F)
11/01/14
46
20
-
-
11/02/14
58
36
-
-
11/03/14
54
41
-
-
11/04/14
52
28
-
-
11/05/14
49
27
0.02
-
11/06/14
42
28
-
-
11/07/14
51
29
-
-
11/08/14
43
32
-
-
11/09/14
39
32
-
-
11/10/14 Limited plowing
12
11
75.00
75.00
288.00
430.00
57.20 5.00
32
24
0.24
2.40
11/11/14 Full plowing
18
17
100.50
100.50
320.00
360.00
32.40 -
26
16
-
-
11/12/14 Limited plowing, removal
22
19
86.25
89.75
253.00
330.00
4.95 -
25
13
-
0.10
11/13/14
23
12
-
-
11/14/14
17
-3
-
-
11/15/14
24
-3
0.15
1.50
11/16/14 Sanding, cleanup
8
8
28.50
28.50
75.00
310.00
54.95 -
18
3
-
-
11/17/14 Limited plowing
10
7
43.50
43.50
53.00
270.00
24.20 -
16
5
-
-
11/18/14 Sanding, cleanup
6
6
16.25
16.25
97.00
370.00
- -
19
6
-
-
11/19/14 Cleanup
1
1
2.75
2.75
17.00
-
- -
25
12
-
0.10
11/20/14 Cleanup
6
6
23.00
23.00
21.00
-
- -
15
-3
-
-
11/21/14
31
-2
-
-
11/22/14
41
27
-
-
11/23/14
43
30
0.09
-
11/24/14 Cleanup
1
1
4.50
4.50
39.10
50.00
- -
30
14
-
0.10
11/25/14 Cleanup
2
2
9.25
9.25
38.00
60.00
- -
26
9
-
-
11/26/14 Limited plowing, sanding
11
9
47.00
47.00
149.52
685.86
101.00 8.10
26
5
-
-
11/27/14
7
-7
0.08
1.00
11/28/14 Sanding
4
4
13.50
13.50
62.00
210.00
(2.55) -
22
6
-
-
11/29/14 Cleanup
1
1
1.00
1.00
-
-
- -
33
20
-
-
11/30/14
18
2
-
-
Month: 5 days below zero; Season: 5 days below zero
11/2014 13 days 451.00 454.50 1,412.62 3,075.86 272.15 13.10 5.20
41 23 Avg temp
Average month snowfall = 7.60
Season -to -date 451 455 1,413 3,076 272
Employee Department Primary role Nov. 2014 Dec. 2014 Jan. 2015 Feb. 2015 Mar. 2015 Apr. 2015 Total
Bahe, Mike
PRCE
Schools, PRCE, trails
-
Botzet, Larry
PW - Operations
Downtown W
15.00
15.00
Burmeister, Jerome
PW - Operations
Route SW1
40.00
40.00
Carter, Dion
Creekside
Schools
-
-
Carter, Randy
PRCE
Schools, PRCE, trails
12.50
12.50
Carter, Ron
PRCE
Schools, PRCE, trails
15.50
15.50
Dehn, Pete
PW - Operations
Route SW2
40.00
40.00
Ebert, Dick
PW - Operations
Route SE1
19.50
19.50
Fenske, Bruce
PW - Operations
Snow Removal, Routes
25.75
25.75
Franek, Cory
PW - Wastewater
Routes, Snow Removal
23.50
23.50
Hutton, Chris
PRCE
Downtown, Schools, PRCE
15.50
15.50
Lien, Mike
PW - Water
Downtown E
4.00
4.00
Magnusson, Brian
PRCE
Downtown, Schools, PRCE
15.50
15.50
Moore, Eric
PW - Wastewater
Backup operator
5.00
5.00
Muchow, Chad
PW - Engineering
Snow removal
-
-
Muellerleile, Sonja
PW - Operations
Cemetery backup
-
Olson, John
PW - Operations
Airport
31.75
31.75
Paulson, John
PW - Engineering
Snow removal backup
-
-
Telecky, Dave
PW - Operations
Route NE1
49.00
49.00
Thompson, De Neil
PW - Operations
Route NW1
45.50
45.50
Wichterman, Ken
PW - Operations
Downtown route
14.00
14.00
Style, Casey
SEASONAL- PW Ops.
Alleys, routes
25.00
25.00
Trnka, Jemes
SEASONAL - PW Ops.
Cul-de-sac, dead ends
36.50
36.50
Hansen #1
Contract snow haul
Snow removal
3.50
3.50
Hansen #2
Contract snow haul
Snow removal
3.50
3.50
Hansen #3
Contract snow haul
Snow removal
-
-
Hansen #4
Contract snow haul
Snow removal
-
-
Hanson/Vacek
Contract snow haul
Snow removal
3.50
3.50
Hjerpe
Contract snow haul
ISnow removal
3.50
3.50
Juul 1
Contract snow haul
Snow removal
-
Juul 2
Contract snow haul
ISnow removal
Kosek
Contract snow haul
ISnow removal 1
3.50 1 1
3.50
TOTAL PERSONNEL HOURS
HOURS
EQUIP# YEAR MAKE DESCRIPTION SNOW ATTACH Nov. 2014 Dec. 2014 Jan. 2015 Feb. 2015 Mar. 2015 Apr. 2015 Total
1 STRT-156-TK1 LTK 1999 Ford Truck, 1 ton 4x4 w/ dump box Snowplow
2 STRT-660-TK1 LTK 2004 Ford Pickup, 1 ton 4x4 Snowplow 5.00 5.00
3 WWTF-170-TK1 LTK 2005 Ford Pickup, l ton 4x4 Snowplow 33.00 33.00
cartmermremarr.
1 PARK-658-HTK
HTK
1992 Ford
Truck,S/Aw/dump box
Snowplow, wing
7.00
7.00
2 STRT-115-HTK
HTK
1996 Ford
Truck, S/Aw/dump box
Snowplow, wing, sander
41.50
41.50
3 STRT-441-HTK
HTK
2005 Ford
Truck, S/A w/ hooklift
Snowplow, wing, sander
23.50
23.50
4 STRT-522-HTK
HTK
2003 Mack
Truck, S/Aw/dump box
Snowplow, wing, sander
37.50
37.50
5 STRT-613-HTK
HTK
1999 Mack
Truck, S/Aw/dump box
Snowplow, wing, sander, underbody
28.50
28.50
6 STRT-781-HTK
HTK
2005 Ford
Truck, S/A w/ hooklift
Snowplow, wing. sander
3.50
3.50
7 STRT-812-HTK
HTK
2014 Mack
Truck, S/Aw/dump box
Snowplow, wing, sander
26.50
26.50
8 STRT-894-HTK
HTK
2007 Freightliner
Truck, S/Aw/dump box
Snowplow, wing, sander, underbody
36.00
36.00
1 McLeod Co. #403
HTK Mack
Truck, T/Aw/dump box
none
4.00
4.00
2 STRT-972-HTK
HTK 1997 Mack
Truck, T/Aw/dump box
none
4.00
4.00
Contractors
Tractor, MT5
Hansen Gravel
none
3.50
3.50
Contractors
HLA snow wing 1 11.50 1 1 1 1 1 11.50
Hansen Gravel
none
3.50
3.50
Contractors
LDR
Hanson & Vasek
none
3.50
3.50
Contractors
25.50
Hjerpe Contracting
none
3.50
3.50
Contractors
Snowplow, wing
Kosek, Jeff
none
3.50
3.50
Skid steer Loaders (4 ea.)
1 CEMT-412-SKDSKID2011 Bobcat Toolcat Snowplow, blower 6.00 6.0(
2
PT_
RK-032-SKD SKID I 2006 Bobcat 1SW steer, 5250Snowplow, blower 15.50 15.5(
3 PARK-211-SKD SKID 2009 Bobcat Skid steer, 5250 Snowplow, blower 21.00 21.0(
4 PARK-370-SKD SKID I 2004 Bobcat IToolcat ISnowplow, blower
Tr-rc (6 ca )
1 AIRP-055-TRC
TRC
2012 New Holland
Tractor, TV6070
HLA snow wing, snowblower 1 20.25 1 1 1 1 1 20.25
2 PARK -357 -TRC
TRC
2013 John Deere
Tractor, 4720
Snow blower
3 STRT-390-TRC
TRC
2006 Trackless
Tractor, MT5
Snow blower, plow
4 STWT-013-TRC
TRC
I 2014John Deere
Tractor, 6125R
HLA snow wing 1 11.50 1 1 1 1 1 11.50
4 STWT-014-TRC
TRC
I 2014John Deere
Tractor, 6125R
HLA snow wing 1 19.00 1 1 1 1 1 19.00
\/heel I -d.- (C eo 1
1 COMP-925-LDR
LDR
2013 Case
Wheel loader,
621F
Snowblower
2 PARK-895-LDR
LDR
2001 Case
Wheel loader,
621C
Snowplow, wing
15.50
15.50
3 STRT-169-LDR
LDR
2000 Case
Wheel loader,
621C
Snowplow, bucket
6.00
6.00
4 STRT-447-LDR
LDR
122'1C2
Wheel loader,
621C
Snowplow, wing
25.50
25.50
5 STRT-781-LDR
LDR
2003 Case
Wheel loader,
621D
Snowplow, wing
24.50
24.50
6 STRT-969-LDR
LDR
2003 Case
Wheel loader,
621D
Snowplow, wing
22.25
22.25
Heavy Equipment (1 ea.)
1 STRT-409-HEQ IHEQ I 1991 RPM Tech ISnowblower lWheel loader 1 3.50 1 1 1 1 1 13.50
454.50 454.50
HUTCHINSON CITY COUNCIL
ci=V�f�
Request for Board Action
79 M-W
Agenda Item: November 2014 Financial and Investment Reports
Department: Finance
LICENSE SECTION
Meeting Date: 12/23/2014
Application Complete N/A
Contact: Andy Reid
Agenda Item Type:
Presenter:
Reviewed by Staff ❑
Governance
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
For Council review, attached are the November Financial Reports for the general fund and enterprise funds. Also
attached is the November Investment Report.
Feel free to contact me with any questions. Thank you.
BOARD ACTION REQUESTED:
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
REVENUES:
Taxes
Other Taxes
Licenses & Permits
Intergovernmental Revenue
Charges for Services
Fines & Forfeitures
Miscellaneous Revenues
Transfers -In
Capital Contributions
TOTAL REVENUES
EXPENDITURES:
Wages & Benefits
Supplies
Services & Charges
Miscellaneous Expenses
Transfers -Out
Capital Outlay
TOTAL EXPENDITURES
TOTAL REVENUE OVER
(UNDER) EXPENDITURES
Summary Income Statement
General Fund
November 30, 2014
Month of YTD Actual 2014 Budget YTD Actual
November2014 November2014 2014 Budget Balance % Used November 2013 2013 Budget % Used
-
2,295,387.29
4,491,446.00
(2,196,058.71)
51.1%
2,280,855.16
4,491,446.00
50.8%
4,752.97
214,810.81
245,000.00
(30,189.19)
87.7%
138,276.24
140,000.00
98.8%
29,010.88
280,940.20
240,000.00
40,940.20
117.1%
296,226.16
222,775.00
133.0%
18,865.13
1,137,089.15
1,094,270.00
42,819.15
103.9%
1,121,496.38
1,099,265.00
102.0%
173,181.92
1,421,476.86
2,045,923.00
(624,446.14)
69.5%
1,386,651.73
2,056,731.00
67.4%
4,538.35
52,955.11
50,000.00
2,955.11
105.9%
52,850.64
45,000.00
117.4%
45,678.46
493,863.26
646,500.00
(152,636.74)
76.4%
298,751.81
325,625.00
91.7%
-
1,124,241.00
2,066,653.00
(942,412.00)
54.4%
1,176,037.01
2,108,846.00
55.8%
0.0%
6,250.00
0.0%
276,027.71 7,020,763.68 10,879,792.00 (3,859,028.32) 64.5% 6,751,145.13 10,495,938.00 64.3
520,008.08
6,217,395.52
7,009,709.00
792,313.48
88.7%
6,061,214.31
6,778,616.00
89.4%
75,269.59
697,611.92
781,887.00
84,275.08
89.2%
635,788.13
783,840.00
81.1
91,691.86
2,044,082.51
2,262,536.00
218,453.49
90.3%
2,083,353.70
2,393,441.00
87.0%
233,067.37
542,926.92
533,068.00
(9,858.92)
101.8%
452,277.07
446,805.00
101.2%
-
94,030.00
96,000.00
1,970.00
97.9%
93,236.00
93,236.00
100.0%
-
20,047.52
-
(20,047.52)
100.0%
8,002.10
-
100.0%
920,036.90
9,616,094.39
10,683,200.00
1,067,105.61
90.0%
9,333,871.31
10,495,938.00
88.9
(644,009.19)
(2,595,330.71)
196,592.00
(2,791,922.71)
(2,582,726.18)
General Fund Revenues by Department
Department Month of YTD Actual 2014 Budget YTD Actual
November 2014 November 2014 2014 Budqet Balance % Used November 2013 2013 Budqet % Used
Mayor & City Council
-
-
-
0.0%
-
-
0.0%
City Administrator
33,075.00 48,075.00 15,000.00 68.8% 45,546.75 48,075.00
Passport application revenue was budgeted at $15K for 2014 but the program was discontinued in December 2013.
94.7%
Elections
-
100.00
(100.00)
100.0%
-
-
0.0%
Finance Department
41.81
3,794.52
-
(3,794.52)
100.0%
1,252.21
-
100.0%
Motor Vehicle
22,295.22
331,694.47 310,500.00 (21,194.47) 106.8% 303,621.95
ATM revenue is higher than expected but is offset by higher expense as well.
288,500.00
105.2%
Assessing
-
-
-
0.0%
-
-
0.0%
Legal
2,842.41
99,382.41
98,162.00
(1,220.41)
101.2%
95,303.15
105,151.00
90.6%
Planning
(24,456.62)
14,257.78
14,300.00
42.22
99.7%
20,747.27
10,775.00
192.6%
Information Services
2,000.00
117,852.00
119,852.00
2,000.00
98.3%
117,802.50
114,352.00
103.0%
City Hall Building
50.00
1,760.00
7,200.00
5,440.00
24.4%
1,750.00
7,200.00
24.3%
Police Department
63,716.07
621,928.76
668,530.00
46,601.24
93.0%
415,935.51
371,648.00
111.9%
Emergency Management
-
-
-
-
0.0%
-
-
0.0%
Safety Committee
-
-
-
0.0%
-
-
0.0%
Fire Department
-
8,298.25
72,500.00
64,201.75
11.4%
31,689.29
66,000.00
48.0%
Protective Inspections
61,192.50
251,219.59
171,100.00
(80,119.59)
146.8%
205,702.25
162,900.00
126.3%
Engineering
-
2,099.78 468,720.00 466,620.22 0.4% 7,213.87
Annual engineering fees related to the street projects are recorded at year-end.
465,756.00
1.5%
Streets & Alleys
3,101.09
186,749.70
222,000.00
35,250.30
84.1%
183,084.31
217,000.00
84.4%
Park/Recreation Administration
34,236.08
72,516.56
73,455.00
938.44
98.7%
37,486.08
71,000.00
52.8%
Recreation
4,006.84
187,259.56
211,000.00
23,740.44
88.7%
198,139.43
220,000.00
90.1%
Senior Citizen Center
5,891.57
60,892.80
57,500.00
(3,392.80)
105.9%
60,758.92
57,500.00
105.7%
Civic Arena
54,187.23
145,971.83 233,000.00 87,028.17 62.6% 171,460.23 233,000.00
Due to the refrigeration project, no summer ice programs were offered. Expenses are lower as well.
73.6%
Park Department
12,223.82
138,073.77
154,000.00
15,926.23
89.7%
119,949.25
154,000.00
77.9%
Recreation Building & Pool
(11,367.93)
103,193.93
111,000.00
7,806.07
93.0%
106,882.58
111,000.00
96.3%
Events Center
7,520.65
89,843.87
115,000.00
25,156.13
78.1%
92,553.64
115,000.00
80.5%
Evergreen Building
427.00
4,956.00
5,533.00
577.00
89.6%
8,830.05
9,900.00
89.2%
Library
-
500.00
1,000.00
500.00
50.0%
1,100.00
-
100.0%
Cemetery
5,564.30
91,314.80
85,100.00
(6,214.80)
107.3%
86,778.46
100,075.00
86.7%
Airport
22,213.82
88,075.64
94,500.00
6,424.36
93.2%
65,979.10
90,600.00
72.8%
Revenue Department
10,341.85
4,264,594.40
7,459,407.00
3,194,812.60
57.2%
4,255,973.55
7,399,653.00
57.5%
Unallocated General Expense
-
101,358.26
78,358.00
(23,000.26)
129.4%
115,604.78
76,853.00
150.4%
TOTAL REVENUES
276 027.71
7,020,763.68
10 879 792.00
3,859,028.32
64.5 %
6,751,145.13
10 495 938.00
64.3%
General Fund Expenditures by Department
Department Month of YTD Actual 2014 Budget YTD Actual
November 2014 November 2014 2014 Budqet Balance % Used November 2013 2013 Budqet % Used
Mayor & City Council
6,422.50
43,476.31
48,823.00
5,346.69
89.0%
40,590.21
52,016.00
78.0%
City Administrator
17,719.44
309,798.23
412,884.00
103,085.77
75.0%
357,482.81
387,401.00
92.3%
Elections
6,102.62
15,708.50
15,962.00
253.50
98.4%
5,248.09
10,000.00
52.5%
Finance Department
14,223.51
246,042.66
295,894.00
49,851.34
83.2%
320,865.83
371,863.00
86.3%
Motor Vehicle
17,284.36 250,646.45 254,100.00 3,453.55 98.6% 273,238.94 275,413.00
Higher than budget due to ATM expense which is offset by higher ATM revenue as well. All other expenses are under budget.
99.2%
Assessing
-
60,963.00
60,963.00
-
100.0%
61,005.00
61,911.00
98.5%
Legal
18,857.04
224,260.27
256,142.00
31,881.73
87.6%
186,627.56
252,067.00
74.0%
Planning
12,606.40
121,849.29
135,012.00
13,162.71
90.3%
127,290.46
123,210.00
103.3%
Information Services
29,787.59
358,356.49
427,012.00
68,655.51
83.9%
446,959.17
499,332.00
89.5%
City Hall Building
6,125.50
75,583.82
83,494.00
7,910.18
90.5%
78,066.24
121,096.00
64.5%
Police Department
243,941.35
2,766,845.18
3,197,339.00
430,493.82
86.5%
2,500,412.23
2,889,291.00
86.5%
Emergency Management
62.59
5,671.20
14,839.00
9,167.80
38.2%
17,444.00
13,000.00
134.2%
Safety Committee
-
8,088.96
13,276.00
5,187.04
60.9%
8,568.51
13,450.00
63.7%
Fire Department
29,398.37
251,756.41
273,924.00
22,167.59
91.9%
280,739.81
309,187.00
90.8%
Protective Inspections
15,032.43
168,846.71
178,407.00
9,560.29
94.6%
169,410.35
208,350.00
81.3%
Engineering
29,767.33
359,827.62
424,543.00
64,715.38
84.8%
462,243.80
465,756.00
99.2%
Streets & Alleys
104,151.77
1,368,478.76 1,374,733.00 6,254.24 99.5% 1,209,407.43 1,369,738.00
Extreme winter adversely affected budget. Dept is holding line on expenses the rest of the year.
88.3%
Park/Recreation Administration
14,433.52
190,526.80
218,929.00
28,402.20
87.0%
197,512.60
213,127.00
92.7%
Recreation
5,111.81
190,394.59
218,072.00
27,677.41
87.3%
186,028.40
217,610.00
85.5%
Senior Citizen Center
8,345.71 72,754.58 68,620.00 (4,134.58) 106.0% 76,676.86 69,749.00
Higher expenses related to the number of senior events offerred which is offset by higher reimbursements from the seniors.
109.9%
Civic Arena
28,937.51
247,510.59
309,957.00
62,446.41
79.9%
296,574.90
331,469.00
89.5%
Park Department
48,608.41
710,410.12
794,003.00
83,592.88
89.5%
696,330.66
757,260.00
92.0%
Recreation Building & Pool
7,244.57
173,518.59
190,756.00
17,237.41
91.0%
162,618.03
185,885.00
87.5%
Events Center
18,189.03
194,092.03
219,027.00
24,934.97
88.6%
174,176.99
213,650.00
81.5%
Evergreen Building
916.60
11,154.07
17,393.00
6,238.93
64.1%
13,554.91
11,880.00
114.1%
Library
1,972.74
186,613.22
190,606.00
3,992.78
97.9%
189,547.45
190,937.00
99.3%
Cemetery
5,096.55
99,983.46
107,072.00
7,088.54
93.4%
78,294.40
109,104.00
71.8%
Airport
4,713.71
80,406.45
99,776.00
19,369.55
80.6%
81,531.56
99,700.00
81.8%
Revenue Department
-
-
-
-
0.0%
-
-
0.0%
Unallocated General Expense
224,983.94
822,530.03
781,642.00
(40,888.03)
105.2%
635,424.11
672,486.00
94.5%
TOTAL EXPENDITURES
920 036.90
9,616,094.39
10 683 200.00
1,067,105.61
90.0 %
9,333,871.31
10 495 938.00
88.9%
Summary Income Statement
Liquor Fund
November 30, 2014
TOTAL REVENUES 472,584.78 4,982,143.18 5,398,000.00 (415,856.82) 92.3% 4,790,189.42 5,428,550.00 88.2
Gross Margin % 26.3% 24.9% 25.0% 24.8% 24.1%
EXPENDITURES
Cost of Sales
Month of
YTD Actual
4,045,650.00
2014 Budget
92.4%
YTD Actual
4,115,697.00
87.5%
Wages & Benefits
November 2014
November 2014
2014 Budget
Balance
% Used
November 2013
2013 Budget
% Used
REVENUES:
2,366.83
16,585.02
15,600.00
(985.02)
106.3%
15,362.28
16,600.00
92.5%
Sales - Liquor
167,106.56
1,666,186.77
1,811,000.00
(144,813.23)
92.0%
1,583,044.53
1,803,150.00
87.8%
Sales - Wine
95,526.44
776,004.35
951,000.00
(174,995.65)
81.6%
792,064.35
898,430.00
88.2%
Sales - Beer
202,478.30
2,483,232.28
2,631,000.00
(147,767.72)
94.4%
2,406,077.80
2,709,500.00
88.8%
Sales - Other
6,906.14
53,445.05
2,000.00
51,445.05
2672.3%
4,151.25
14,470.00
28.7%
Other Revenues
567.34
3,274.73
3,000.00
274.73
109.2%
4,851.49
3,000.00
161.7
TOTAL REVENUES 472,584.78 4,982,143.18 5,398,000.00 (415,856.82) 92.3% 4,790,189.42 5,428,550.00 88.2
Gross Margin % 26.3% 24.9% 25.0% 24.8% 24.1%
EXPENDITURES
Cost of Sales
348,030.92
3,739,446.80
4,045,650.00
306,203.20
92.4%
3,599,550.61
4,115,697.00
87.5%
Wages & Benefits
40,284.35
458,102.35
502,400.00
44,297.65
91.2%
433,738.32
488,190.00
88.8
Supplies
2,366.83
16,585.02
15,600.00
(985.02)
106.3%
15,362.28
16,600.00
92.5%
Services & Charges
9,768.30
154,381.26
186,264.00
31,882.74
82.9%
167,765.82
196,750.00
85.3%
Miscellaneous Expenses
-
3,571.99
5,500.00
1,928.01
64.9%
4,889.21
3,650.00
134.0
Depreciation Expense
-
73,600.00
73,600.00
0.0%
-
70,940.00
0.0%
Capital Outlay
31,677.02
27,000.00
(4,677.02)
117.3%
14,098.05
31,000.00
45.5%
Debt Service
-
128,385.00
128,385.00
0.0%
-
128,295.00
0.0%
Transfers -Out
-
-
450,000.00
450,000.00
0.0%
-
435,000.00
0.0%
TOTAL EXPENDITURES
400,450.40
4,403,764.44
5,434,399.00
1,030,634.56
81.0%
4,235,404.29
5,486,122.00
77.2
TOTAL REVENUE OVER
(UNDER) EXPENDITURES
72,134.38
578,378.74
(36,399.00)
614,777.74
554,785.13
(57,572.00)
Summary Income Statement
Water Fund
November 30, 2014
Month of YTD Actual 2014 Budget YTD Actual
November 2014 November 2014 2014 Budget Balance % Used November 2013 2013 Budget % Used
REVENUES:
Local Sales Tax
63,735.76
347,961.41
529,886.12
650,000.00
(120,113.88)
81.5%
428,566.38
420,000.00
102.0%
Water Sales
172,971.60
124,250.00
2,164,886.90
2,381,500.00
(216,613.10)
90.9%
2,264,533.76
2,347,500.00
96.5%
Charges for Services
1,995.65
10,670.72
48,641.07
42,500.00
6,141.07
114.4%
53,211.53
41,000.00
129.8
Investment Earnings
-
46.6%
(28.73)
20,000.00
(20,028.73)
-0.1%
2,928.15
20,000.00
14.6
Reimbursements
840.00
-
3,476.83
64,192.00
(60,715.17)
5.4%
4,441.75
64,148.00
6.9%
Other Financing Sources
-
250,000.00
-
-
0.0%
-
-
0.0
Fund Balance
1,218,848.00
85.1
Transfers -Out
0.0%
43,145.00
0.0%
0.0
TOTAL REVENUES 239,543.01 2,746,862.19 3,158,192.00 (411,329.81) 87.0% 2,753,681.57 2,892,648.00 95.2
EXPENDITURES:
Wages & Benefits
24,149.15
347,961.41
427,480.00
79,518.59
81.4%
388,548.04
465,623.00
83.4%
Supplies
8,099.63
93,027.88
124,250.00
31,222.12
74.9%
98,073.97
128,825.00
76.1%
Services & Charges
23,716.05
398,947.28
409,618.00
10,670.72
97.4%
383,221.96
440,470.00
87.0%
Miscellaneous Expenses
523.96
10,252.51
22,000.00
11,747.49
46.6%
9,249.29
15,850.00
58.4%
Depreciation Expense
-
-
1,105,500.00
1,105,500.00
0.0%
-
1,057,860.00
0.0%
Capital Outlay
-
250,000.00
250,000.00
0.0%
292,950.00
250,000.00
117.2%
Debt Service
1,043,720.15
1,229,916.00
186,195.85
84.9%
1,037,071.68
1,218,848.00
85.1
Transfers -Out
43,145.00
43,145.00
0.0%
43,145.00
0.0
TOTAL EXPENDITURES 56,488.79 1,893,909.23 3,611,909.00 1,717,999.77 52.4% 2,209,114.94 3,620,621.00 61.0
TOTAL REVENUE OVER
(UNDER) EXPENDITURES 183,054.22 852,952.96 (453,717.00) 1,306,669.96 544,566.63 (727,973.00)
Summary Income Statement
Sewer Fund
November 30, 2014
Month of
YTD Actual
2014 Budget
YTD Actual
November 2014
November 2014
2014 Budget
Balance
% Used
November 2013
2013 Budget
% Used
REVENUES:
Local Sales Tax
63,735.76
530,231.73
650,000.00
(119,768.27)
81.6%
591,676.96
580,000.00
102.0%
Sewer Sales
272,595.41
2,991,062.05
3,132,000.00
(140,937.95)
95.5%
3,070,772.07
3,190,000.00
96.3%
Permits
-
6,700.00
7,000.00
(300.00)
95.7%
6,977.81
7,000.00
99.7
Charges for Services
946.02
6,065.02
7,000.00
(934.98)
86.6%
2,141.30
7,000.00
30.6
Investment Earnings
-
(805.48)
20,000.00
(20,805.48)
-4.0%
4,025.07
20,000.00
20.1
Reimbursements
720.00
27,876.07
64,192.00
(36,315.93)
43.4%
19,530.32
64,148.00
30.4%
Other Financing Sources
-
-
-
0.0%
-
-
0.0
Fund Balance
-
0.0%
0.0
TOTAL REVENUES
337,997.19
3,561,129.39
3,880,192.00
(319,062.61)
91.8%
3,695,123.53
3,868,148.00
95.5
EXPENDITURES:
Wages & Benefits
42,304.65
530,388.20
608,184.00
77,795.80
87.2%
523,399.82
653,623.00
80.1
Supplies
11,017.37
182,682.00
249,810.00
67,128.00
73.1%
179,692.52
254,700.00
70.6%
Services & Charges
46,000.53
636,357.62
743,765.00
107,407.38
85.6%
620,704.41
837,960.00
74.1
Miscellaneous Expenses
393.86
26,681.31
26,100.00
(581.31)
102.2%
16,404.50
27,000.00
60.8%
Depreciation Expense
-
-
1,589,300.00
1,589,300.00
0.0%
-
1,647,960.00
0.0%
Capital Outlay
-
350,000.00
350,000.00
0.0%
68,199.57
350,000.00
19.5%
Debt Service
1,362,621.37
1,590,266.00
227,644.63
85.7%
1,354,760.01
1,528,394.00
88.6%
Transfers -Out
43,145.00
43,145.00
0.0%
43,145.00
0.0
TOTAL EXPENDITURES
99,716.41
2,738,730.50
5,200,570.00
2,461,839.50
52.7%
2,763,160.83
5,342,782.00
51.7
TOTAL REVENUE OVER
(UNDER) EXPENDITURES
238,280.78
822,398.89
(1,320,378.00)
2,142,776.89
931,962.70
(1,474,634.00)
Summary Income Statement
Stormwater Fund
November 30, 2014
TOTAL REVENUES 79,264.36 690,822.90 721,750.00 (30,927.10) 95.7% 621,674.70 666,350.00 93.3%
EXPENDITURES:
Month of
YTD Actual
2014 Budget
YTD Actual
November 2014
November 2014
2014 Budget
Balance
% Used
November 2013
2013 Budget
% Used
REVENUES:
55.9%
Supplies
1,458.01
35,814.48
33,150.00
(2,664.48)
108.0%
Storm Water Sales
61,178.31
667,911.49
719,500.00
(51,588.51)
92.8%
614,603.88
664,350.00
92.5%
Licenses & Permits
135.00
1,780.00
-
1,780.00
100.0%
2,880.00
-
100.0%
Charges for Services
-
-
1,000.00
(1,000.00)
0.0%
-
1,000.00
0.0%
Investment Earnings
-
(417.64)
1,000.00
(1,417.64)
-41.8%
549.68
1,000.00
55.0%
Reimbursements
380.00
3,978.00
250.00
3,728.00
1591.2%
3,641.14
-
100.0%
Funds from Financing
17,571.05
17,571.05
-
17,571.05
100.0%
-
74.8%
0.0%
Fund Balance
-
-
-
0.0%
-
-
0.0
TOTAL REVENUES 79,264.36 690,822.90 721,750.00 (30,927.10) 95.7% 621,674.70 666,350.00 93.3%
EXPENDITURES:
Wages & Benefits
11,206.14
101,289.58
208,737.00
107,447.42
48.5%
118,483.97
211,877.00
55.9%
Supplies
1,458.01
35,814.48
33,150.00
(2,664.48)
108.0%
16,620.79
29,100.00
57.1
Services & Charges
6,619.44
118,908.73
146,450.00
27,541.27
81.2%
76,661.06
144,300.00
53.1
Miscellaneous Expenses
213.97
8,412.61
8,050.00
(362.61)
104.5%
8,209.47
2,200.00
373.2%
Depreciation Expense
-
-
111,200.00
111,200.00
0.0%
-
113,060.00
0.0%
Capital Outlay
-
-
128,000.00
128,000.00
0.0%
57,823.55
120,000.00
48.2%
Debt Service
13,155.01
160,149.31
193,932.00
33,782.69
82.6%
148,809.30
198,857.00
74.8%
Transfers -Out
-
-
-
-
0.0%
-
-
0.0
TOTAL EXPENDITURES
32,652.57
424,574.71
829,519.00
404,944.29
51.2%
426,608.14
819,394.00
52.1
TOTAL REVENUE OVER
(UNDER) EXPENDITURES
46,611.79
266,248.19
(107,769.00)
374,017.19
195,066.56
(153,044.00)
Comments
REVENUES:
Funds from Financing This activity consists of the bond premium received related to the refinancing of the 2008B Storm Water Revenue bonds in November. The
actual bond proceeds of $590,000 are recorded on the balance sheet as long-term debt. The cash proceeds are recorded on the balance
sheet as restricted cash for the retirement of the old debt on 2/1/2015.
EXPENSES:
Debt Service The November activity of $13,155 includes activity related to the bond refinancing, Bond Discount of $5,239 and Bond Issuance Costs of
$7,916.
Summary Income Statement
HATS Fund
November 30, 2014
TOTAL REVENUES 50,706.53 761,148.88 779,700.00 (18,551.12) 97.6% 694,084.05 767,632.00 90.4
EXPENDITURES
Wages & Benefits
Month of
YTD Actual
65,802.33
2014 Budget
(13,567.33)
YTD Actual
126.0%
67,068.40
52,665.00
November 2014
November 2014
2014 Budget
Balance
% Used
November 2013
2013 Budget
% Used
REVENUES:
477,376.09
535,000.00
89.2%
Services & Charges
8,099.64
133,588.18
147,500.00
Intergovernmental
6,027.50
141,042.50
147,070.00
(6,027.50)
95.9%
130,706.37
136,396.00
95.8%
Charges for Services
44,622.83
493,830.12
535,000.00
(41,169.88)
92.3%
451,363.39
535,000.00
84.4%
Investment Earnings
-
(110.94)
1,100.00
(1,210.94)
-10.1%
142.67
1,000.00
14.3%
Reimbursements
56.20
32,357.20
2,500.00
29,857.20
1294.3%
18,635.62
2,000.00
931.8%
Transfers -In
-
94,030.00
94,030.00
-
100.0%
93,236.00
93,236.00
100.0%
TOTAL REVENUES 50,706.53 761,148.88 779,700.00 (18,551.12) 97.6% 694,084.05 767,632.00 90.4
EXPENDITURES
Wages & Benefits
5,970.90
65,802.33
52,235.00
(13,567.33)
126.0%
67,068.40
52,665.00
127.3
Supplies
52,355.04
486,652.93
536,825.00
50,172.07
90.7%
477,376.09
535,000.00
89.2%
Services & Charges
8,099.64
133,588.18
147,500.00
13,911.82
90.6%
138,128.42
150,080.00
92.0%
Miscellaneous Expenses
2.98
52.98
5,100.00
5,047.02
1.0%
60.00
5,077.00
1.2%
Depreciation Expense
-
-
-
-
0.0%
-
-
0.0
Capital Outlay
83,276.78
37,960.00
(45,316.78)
219.4%
20,500.00
0.0%
Debt Service
-
-
0.0%
-
0.0
Transfers -Out
-
-
-
-
0.0%
-
-
0.0
TOTAL EXPENDITURES
66,428.56
769,373.20
779,620.00
10,246.80
98.7%
682,632.91
763,322.00
89.4
TOTAL REVENUE OVER
(UNDER) EXPENDITURES
(15,722.03)
(8,224.32)
80.00
(8,304.32)
11,451.14
4,310.00
Comments
REVENUES: Charges for Services This income category consists of the fuel revenue from various governmental entities and City departments.
EXPENSES: Supplies This expense category consists of the fuel purchased for use by various governmental entities and City departments.
Capital Outlay Two vehicle hoists were replaced at a total cost of $83,277. The cost is being funded by a combination of fund balance and cash payments
from the three entities.
Summary Income Statement
Compost Fund
November 30, 2014
Month of YTD Actual 2014 Budget YTD Actual
November 2014 November 2014 2014 Budget Balance % Used November 2013 2013 Budget % Used
REVENUES:
Sales -Bagged Product
17,587.94
2,301,914.77
2,530,920.18
2,288,300.00
242,620.18
110.6%
2,315,472.03
133.6%
1,982,500.00
116.8%
Sales - Bulk Product
5,461.57
136,783.94
269,646.54
175,000.00
94,646.54
154.1%
242,041.71
58,934.03
200,000.00
121.0%
Sales - Other
2,364.25
682,729.67
149,975.91
45,550.00
104,425.91
329.3%
121,633.46
134,500.00
52,250.00
232.8%
Charges for Services
23,140.00
134.4%
40,753.60
133,500.00
(92,746.40)
30.5%
68,172.40
102.2%
129,000.00
52.8
Investment Earnings
-
15,013.64
(955.36)
5,000.00
(5,955.36)
-19.1%
(237.68)
170,000.00
2,500.00
-9.5%
Reimbursements
7,727.43
13,000.00
243.98
1,000.00
(756.02)
24.4%
533.38
Depreciation Expense
1,000.00
53.3%
Other Revenues
140,500.00
0.0%
440.00
-
440.00
100.0%
38,920.00
-
-
0.0
TOTAL REVENUES 48,553.76 2,991,024.85 2,648,350.00 342,674.85 112.9% 2,747,615.30 2,367,250.00 116.1
EXPENDITURES:
Cost of Sales
16,516.20
2,301,914.77
1,947,380.00
(354,534.77)
118.2%
1,959,635.38
1,467,050.00
133.6%
Inventory Cost Adjustment
(104,814.20)
(1,109,585.94)
(972,802.00)
136,783.94
114.1%
(1,057,411.27)
(508,200.00)
208.1
Wages & Benefits
58,934.03
668,317.00
780,684.00
112,367.00
85.6%
682,729.67
706,935.00
96.6%
Supplies
26,447.42
145,693.65
134,500.00
(11,193.65)
108.3%
172,757.09
128,500.00
134.4%
Services & Charges
11,454.65
154,935.68
151,555.00
(3,380.68)
102.2%
196,018.65
158,500.00
123.7
Freight
15,013.64
175,426.32
180,000.00
4,573.68
97.5%
241,488.10
170,000.00
142.1
Miscellaneous Expenses
1,240.67
7,727.43
13,000.00
5,272.57
59.4%
8,225.96
14,340.00
57.4
Depreciation Expense
-
-
140,500.00
140,500.00
0.0%
-
141,780.00
0.0%
Capital Outlay
38,920.00
129,699.78
157,888.00
28,188.22
82.1%
112,443.76
10,833.00
1038.0%
Transfers -Out
-
-
102,847.00
102,847.00
0.0%
-
90,775.00
0.0%
TOTAL EXPENDITURES
63,712.41
2,474,128.69
2,635,552.00
161,423.31
93.9%
2,315,887.34
2,380,513.00
97.3
TOTAL REVENUE OVER
(UNDER) EXPENDITURES
(15,158.65)
516,896.16
12,798.00
504,098.16
431,727.96
(13,263.00)
Summary Income Statement
Refuse Fund
November 30, 2014
Month of
YTD Actual
2014 Budget
YTD Actual
November 2014
November 2014
2014 Budget
Balance
% Used
November 2013
2013 Budget
% Used
REVENUES:
Refuse Sales
95,607.73
1,043,751.04
1,138,287.00
(94,535.96)
91.7%
1,050,521.39
1,145,150.00
91.7%
Intergovernmental
-
5,857.88
12,500.00
(6,642.12)
46.9%
9,490.51
12,500.00
75.9%
Investment Earnings
(334.40)
2,500.00
(2,834.40)
-13.4%
909.43
2,500.00
36.4%
Reimbursements
1,171.79
-
1,171.79
100.0%
-
-
0.0%
Fund Balance
-
-
-
0.0%
0.0%
TOTAL REVENUES
95,607.73
1,050,446.31
1,153,287.00
(102,840.69)
91.1%
1,060,921.33
1,160,150.00
91.4%
EXPENDITURES:
Wages & Benefits
14,734.63
153,705.05
153,350.00
(355.05)
100.2%
156,208.27
172,065.00
90.8%
Supplies
3,158.20
60,202.49
68,500.00
8,297.51
87.9%
58,059.70
61,700.00
94.1%
Services & Charges
76,163.33
608,579.17
720,873.00
112,293.83
84.4%
565,150.68
687,625.00
82.2%
Miscellaneous Expenses
669.97
2,489.96
1,250.00
(1,239.96)
199.2%
841.59
-
100.0%
Depreciation Expense
-
-
116,100.00
116,100.00
0.0%
-
132,510.00
0.0%
Capital Outlay
-
110,000.00
110,000.00
0.0%
38,952.34
31,930.00
122.0%
Debt Service
1,311.92
24,260.00
22,948.08
5.4%
1,808.80
24,261.00
7.5%
Transfers -Out
-
-
55,000.00
55,000.00
0.0%
-
55,000.00
0.0%
TOTAL EXPENDITURES
94,726.13
826,288.59
1,249,333.00
423,044.41
66.1%
821,021.38
1,165,091.00
70.5%
TOTAL REVENUE OVER
(UNDER) EXPENDITURES
881.60
224,157.72
(96,046.00)
320,203.72
239,899.95
(4,941.00)
Executive summary
as of November 30, 2014
Asset allocation review
Value on % of
1113012014($) portfolio
A Cash
2,248,951.35
16.33
Cash
2,248,951 35
16.33
B Fixed Income
11,524,317.75
83.67
US
11,074,743.91
80.41
International
449,573.84
3.26
C Equity
0.00
0.00
D Commodities
0.00
0.00
E Non -Traditional
0.00
0.00
F Other
0.00
0.00
Total Portfolio M$13,773,269.10
100%
Balanced mutual funds are allocated In the 'Other
category
Equity sector analysis
Prepared for City of Hutchinson
RP 38446 • City of Hutchinson • Business Service Account
Risk profile. Conservative
Return Objective. Current Income
Expected cash flow
Is Thousands
34
28
22
7
A
6
6 0 he,&
Dec Jan Feb [Aar Apr f,Aay Jun Jul Aug Sep Oct Nov
2014 2015 2015
0 Taxable income
Total taxable income: $176,605.38
Total expected cash flow: $176,605.38
Cash flows displayed account for known events such as maturities and mandatory puts.
Portfolio does not contain applicable holdings - exhibit
intentionally left blank.
Credit quality of bond holdings
D Baa/BBB/BBB 0 0.00 0.00
E Non -investment grade 0 0.00 0.00
F Certificate of deposit 22 4,985,867.55 43.33
G Not rated 0 0.00 0.00
Total 1111ff 30 $11,524,317.75 100°
F A
6
Report created on. December 01, 2014 Pagel of 3
Value on
% of
Effective credit rating
Issues
1113012014($)
port.
A Aaa1AAA1AAA
4
3,492,961.07
30.27
B Aa/AA/AA
4
3,045,489.12
26.39
C A1A1A
0
0.00
0.00
D Baa/BBB/BBB 0 0.00 0.00
E Non -investment grade 0 0.00 0.00
F Certificate of deposit 22 4,985,867.55 43.33
G Not rated 0 0.00 0.00
Total 1111ff 30 $11,524,317.75 100°
F A
6
Report created on. December 01, 2014 Pagel of 3
Prepared for City of Hutchinson
RP 38446 • City of Hutchinson • Business Service Account
Risk profile. Conservative
Return Objective. Current Income
SU 1 1 1 1 1 1 a ry Includes all fixed-rate securities In the selected portollo. Average yields and durations exclude Structured Product, Pass -Through, Perpetual Preferred, and Foreign securities.
as of November 30, 2014
Bond overview Investment type allocation
Total quantity 11, 399, 000
Total market value
$11,478,257.39
% of
Total accrued interest
$46,060.36
Tax exempt I
bond
Total market value plus accrued interest
$11,524,317.75
Investment type Taxable ($) deferred ($)
Total ($)
port.
Total estimated annual bond interest
$180,732.75
Certificates of deposit 4,985,867.55 0.00
4,985,867.55
43.26
Average coupon
1.60%
Municipals 1,538,450.79 0.00
1,5 38,450 79
13.35
Average current yield
1.57 %
U.S. federal agencies 4,999,999.41 0.00
4,999,999.41
43.39
Average yield to maturity
1.13
Average yield to worst
1.04%
Total $11,524,317.75 $0.00
$11,524,317.75
100
Average modified duration
1.94
Average effective maturity
4.50
Credit quality of bond holdings
Bond maturity schedule
$ Millions
Value on
% of
Effective credit rating Issues
1113012014($)
port.
A Aaa/AAA/AAA 4
3,492,961.07
30.27
3.0
22.2 r
B Aa/AA/AA 4
3,045,489.12
26.39
n
2.5
C A/A/A 0
0.00
0.00
F
D Baa/BBVBBB 0
0.00
0.00
2.0
13.1% 13.0
E Non -investment grade 0
0.00
0.00
1.5
F Certificate of deposit 22
4,985,867.55
43.33
e
1.0
8.6%
8.7r 8.6i
G Not rated 0
0.00
0.00
5.4u
Total 30
$11,524,317.75
100%
0.5
0.0%
0.0% 0.0% 0.0%
0.0
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
20252025+Other
0 Effective maturity schedule
Cash, mutual funds and some preferred securities are not included.
Report created on. December 01, 2014 Pagel of 2
2018
1 240,000
3,240.00
1.37 %
1.74 %
Prepared for City Hutchinson
UBS
240,000
-3,468.00 236,762 79102.061
NA
2019
RP 38446 •City of Hutchinson •Business Service Account
tc
22,075.50
2.22 %
2.03 %
2.03 %
4.53
Risk profile. Conservative
248,840.04 1,000,041.18��
8.67 i
2020
2 1,500,000
34,200.00
Return Objective. Current Income
SIncludes
fixed-rate
In
1,499,745
durations
13 15%
all
0 0
securities the
selected porfollo. Average
yields and exclude
Structured Product, Pass -Through, Perpetual Preferred, and Foreign securities.
as of November 30, 2014
0
0
NA
2022
1 1,500,000
Summary of bond holdings
1.00%
NA
NA
NA
1,500,000
Maturity Est annual
Current
Yield to
Yield to Modified
Adjusted
Unrealized
Year Issues Quantity income ($) yield
(%)
maturity (%)
worst (%) duration
cost basis ($)
gain/ loss ($) Mkt. value ($) % of bond portfolii
2014 1 249,000 1,992 00
0.80 %
0.35 %
0.35 % 0.05
249,000
52.29 249,969.16
� 2.n i
2015 11 2,550,000 20,884.00
0.82%
0.36 %
0.36 % 0.48
2,550,000
5,326.33 2,563,085.901�2226i
30
2016 3 625,000 6,492.50
1.04%
1.01 %
1.01 % 1.88
625,000
110.95 625,890.381=5.45%
2017 6 1,748,000 44,348.75
2.45%
0.92 %
0.92 % 2.30
1,783,343.66
25,558.82 1,823,548.75
��15.76
2018
1 240,000
3,240.00
1.37 %
1.74 %
1.74 %
3.74
240,000
-3,468.00 236,762 79102.061
NA
2019
3 987,000
22,075.50
2.22 %
2.03 %
2.03 %
4.53
746,843.3
248,840.04 1,000,041.18��
8.67 i
2020
2 1,500,000
34,200.00
2.27%
2.16 %
1.69 %
2.32
1,499,745
9,950.00 1,511,856.25
13 15%
2021
0 0
0
NA
NA
NA
NA
0
0
NA
2022
1 1,500,000
15,000.00
1.00%
NA
NA
NA
1,500,000
705.00 1,507,038.33
1307i
2023
1 1,000,000
12,500.00
1.25%
NA
NA
NA
1,000,000
150.00 1,006,191.671�8.719!d
NA
2024
1 1,000,000
20,000.00
2.01 %
NA
NA
NA
999,750
-2,650.00 999,933.331�8699/.
NA
2027
0
0
NA
NA
NA
2028
0
0
NA
NA
NA
2029
0
0
NA
NA
NA
2030
0
0
NA
NA
NA
2031
0
0
NA
NA
NA
2034
0
0
NA
NA
NA
2035
0
0
NA
NA
NA
2036
0
0
NA
NA
NA
2037
0
0
NA
NA
NA
2038
0
0
NA
NA
NA
2039
0
0
NA
NA
NA
2040
0
0
NA
NA
NA
2041
0
0
NA
NA
NA
2042
0
0
NA
NA
NA
2043
0
0
NA
NA
NA
2043+
0
0
NA
NA
NA
Other
0
0
NA
NA
NA
-I
30
11,399,000 $180,732.75 1.57%
1.13 %
1.04 %
1.94 $11,193,681.96 $284,575.43 $11,524,317.75
Report created on. December 01, 2014 Pagel of 7
f
Bond holdings - as of November 30, 2014 (continued)
Details of bond holdings
Prepared for City of Hutchinson
RP 38446 • City of Hutchinson • Business Service Account
Risk profile. Conservative
Return Objective. Current Income
Report created on. December 01, 2014 Page 2 of 7
Effective rating/
Est annual
Adjusted
% of
Underlying rating
Effective
Call date/
income ($)/
YTM (%B Modified
cost basis ($)/
Market
Mkt value ($)/
bond
(Mdy/Fitch/S&P)
Quantity
Coupon
maturity Call
price ($)
Curr yield (%)
YTW (%) duration
Unreal. g/I ($)
price ($)
Accr interest ($)
port.
11,399,000
1,60%
05/30/2019
NA
1180,732.75
1.13 % 1.94 $11,193,681.96
NA
111,478,257.39
100
Total Bond Portfolio
1.57%
1.04%
$284,575.43
$46,060.36
$11,524,317.75
Effective rating/
Est. annual
Adjusted
% of
Underlying rating
Effective
Call date/
income ($)/
YTM (%B Modified
cost basis ($)/
Market
Mkt value ($)/
bond
(Mdy/Fitch/S&P)
Quantity
Coupon
maturity Call
price ($)
Curr yield (%)
YTW (%) duration
Unreal.g/I ($)
price ($)
Accr interest ($)
port.
Maturing 2014
HUNTINGTON NATL BK OH US RT
CD
249,000
0.80%
12/15/2014
1,992.00
0.35% 0.05
249,000.00
100.021
249,052.29
2.17%
00.8000 % MAT 12/15/14 FIXED
080%
0.35 %
52.29
916.87
RATE CD/OH
Total 2014
249,000
0.80%
12/15/2014
$1,992.00
0.35% 0.05
$249,000.00
$249,052.29
2.17
0.80%
0.35%
$52.29
$916.87
Effective rating/
Est annual
Adjusted
% of
Underlying rating
Effective
Call date/
income ($)/
YTM (%B Modified
cost basis ($)/
Market
Mkt value ($)/
bond
(Mdy/Fitch/S&P)
Quantity
Coupon
maturity Call
price ($)
Curr yield (%)
YTW (%) duration
Unreal. qll ($)
price ($)
Accr interest ($)
port.
Maturing 2015
ALLY BANK UT US RT 00.9500 %
CD
248,000
095%
02/09/2015
2,356.00
048% 0.20
248,000.00
100.093
248,230.64
2.16
MAT 02/09/15 FIXED RATE CD
095%
0.48%
230.64
735.85
/UT
GOLDMAN SACHS BANK NY US
248,000
1 05%
02/09/2015
2,604.00
049% 0.20
248,000.00
100.111
248,275.28
2.16
RT 01.0500 % MAT 02/09/15
a
r
1.05 %
049%
275.28
813.30
FIXED RATE CD /NY
A
DORAL BANK PR RT 00.9500 %
CD
248,000
095%
02/10/2015
2,356.00
010% 0.20
248,000.00
100.172
248,426.56
2.16
MAT 02/10/15 FIXED RATE CD
095%
0.10%
426.56
722.94
/PR
GE CAP BK UT US RT 01.1000 %
115,000
1 10 %
06/08/2015
1,265 00
0.51 % 0.52
115,000.00
100.307
115,353.05
1.00
MAT 06/08/15 FIXED RATE CD
110%
051%
353.05
599.58
/UT
i
BANK LEUMI NY US RT
CD
249,000
0.80%
06/15/2015
1,992.00
011% 0.54
249,000.00
100.378
249,941.22
2.18%
00.8000% MAT 06/15/15 FIXED
0.80%
0.11%
941.22
916.87
RATE CD/NY
DISCOVER BANK DE US RT
CD
248,000
1 05%
06/15/2015
2,604.00
036% 0.54
248,000.00
100.378
248,937.44
2.17
01 0500% MAT 06/15/15 FIXED
1.05 %
036%
937.44
1 ,212.82
RATE CD/DE
Report created on. December 01, 2014 Page 2 of 7
f
Bond holdings - as of November 30, 2014 (continued)
Prepared for City of Hutchinson
RP 38446 • City of Hutchinson • Business Service Account
Risk profile. Conservative
Return Objective. Current Income
Total 2016
Effective rating/
625,000 1.04% 10/23/2016
$6,492.50
1.01% 1.88
$625,000.00
Est annual
5.45
Adjusted
% of
1.01%
Underlying rating
$779.43
Effective
Call date/
income ($)/
YTM (%B Modified
cost basis ($)/
Market
Mkt value ($)/
bond
(Mdy/Fitch/S&P)
Quantity
Coupon
maturity Call
price ($)
Curr yield (%)
YTW (%) duration
Unreal. all ($)
price ($)
Accr interest ($)
port.
Maturing 2015
Unreal. qll ($) price ($)
Accr interest ($)
port.
Maturing 2017
BANK OF CHINA LTD US RT
CD
249,000
0.30%
06/18/2015
511,091.70 103.054
747.00
0.44% 0.55
249,000.00
99.924
248,810.76
2.17%
00.3000% MAT 06/18/15 FIXED
4,178.30
4,983.22
010117 DTD 113011 /MA
0.30%
0.44%
-189.24
337.68
RATE CD
EVERBANK FL US RT 00.5000 %
248,000
0.50 %
06/19/20151,24000
050% 0.55
248,000.00
99.999
247,997.52
2.16
MAT 06/19/15 FIXED RATE CD/FL
0.50%
0.50%
-2.48
557.15
STATE BK US RT 00.5000% MAT
CD
200,000
0.50%
06/26/2015
1,000.00
0.50% 0.57
200,000.00
99.999
199,998.00
1.74%
06/26/15 FIXED RATE CD
050%
050%
-2.00
427.40
SALLIE MAE BANK UT US RT
248,000
1 10 %
08110/2015
2,728.00
043% 0.69
248,000.00
100.466
249,155.68
2.17
01.1000% MAT 08/10/15 FIXED
1.09%
0.43%
1,155.68
852.03
RATE CD /UT
SAFRA NATL BK NY US RT
CD
249,000
0.80 %
08/17/2015
1,992 00
0.13 % 0.72
249,000.00
100.482
250,200.18
2.18
00.8000% MAT 08/17/15 FIXED
0.80%
0.13%
1,200.18
583.96
RATE CD /NY
Total 2015
2,550,000
0.82%
05/23/2015
$20,884.00
0.36% 0.48
$2,550,000.00
$2,555,326.33
22.26
0.82%
0.36%
$5,326.33
$7,759.57
Effective rating/
Est annual
Adjusted
% of
Underlying rating
Effective
Call date/
income ($)/
YTM (%B Modified
cost basis ($)/
Market
Mkt value ($)/
bond
(Mdy/Fitch/S&P)
Quantity
Coupon
maturity Call
price ($)
Curr yield (%)
YTW (%) duration
Unreal. qll ($)
price ($)
Accr interest ($)
port.
Maturing 2016
AMERICAN EXPRESS C NY US RT
CD
145,000
1 25%
08/09/2016
1 ,812.50
073% 1.67
145,000.00
100.871
146,262.95
1.27
01.2500% MAT 08/09/16 FIXED
1.24%
0.73%
1,262.95
561.13
RATE CD /NY
BMW BANK NORTH AME UT US
CD
-1
240,000
0.95 %
11/14/2016
2,280.00
1.07 % 1.94
240,000.00
99.760
239,424.00
2.09
RT 00.9500 % MAT 11/14/16
U
095%
1.07 %
-576.00
99.95
FIXED RATE CD /UT
CAPITAL ONE BANK U VA US RT
CD
240,000
1.00%
11/14/2016
2,400.00
112% 1.94
240,000.00
99.760
239,424.00
2.09%
01.0000% MAT 11/14/16 FIXED
1.00%
1.12%
-576.00
118.36
RATE CD /VA
Total 2016
625,000 1.04% 10/23/2016
$6,492.50
1.01% 1.88
$625,000.00
$625,110.95
5.45
1.04%
1.01%
$110.95
$779.43
Effective rating/
Est annual
Adjusted
% of
Underlying rating
Effective Call date/
income ($)/
YTM (%B Modified
cost basis ($)/ Market
Mkt. value ($)/
bond
(Mdy/Fitch/S&P)
Quantity Coupon maturity Call price ($)
Curr yield (%)
YTW (%) duration
Unreal. qll ($) price ($)
Accr interest ($)
port.
Maturing 2017
MASSACHUSETTS DEPT TRANS
Aa3/AAINR
500,000 2.41% 01/01/2017
12,040.00
0.93% 2.02
511,091.70 103.054
515,270.00
4.49%
TAX SRBRV BE/R/ 2.408
NR/NANR
2.34%
0.93%
4,178.30
4,983.22
010117 DTD 113011 /MA
Report created on. December 01, 2014 Page 3 of 7
f
Bond holdings - as of November 30, 2014 (continued)
Prepared for City of Hutchinson
RP 38446 • City of Hutchinson • Business Service Account
Risk profile. Conservative
Return Objective. Current Income
Effective rating/ Est. annual Adjusted % of
Underlying rating Effective Call date/ income ($)/ Y M (%B Modified cost basis ($)/ Market Mkt value ($)/ bond
(Mdy/Fitch/S&P) Quantity Coupon maturity Call price ($) Curr yield (%) YTW (%) duration Unreal. qll ($) price ($) Accr interest ($) port.
Maturing 2018
Effective rating/
Est annual
Est annual
3,240.00
1.74%
Adjusted
236,532.00 2.06
MAT 10/04/18 FIXED RATE CD
% of
1.74%
Underlying rating
230.79
/UT
Effective Call date/
income ($)/
YTM (%B Modified
(Mdy/Fitch/S&P)
cost basis ($)/
Market
Mkt value ($)/
bond
$236,532.00 2.06
(Mdy/Fitch/S&P)
Quantity
Coupon
maturity Call price ($)
Curr yield (%)
YTW (%) duration
Unreal. all ($)
price ($)
Accr interest ($)
port.
Maturing 2017
Aa2/NWAA
500,000 2.35% 08/01/2019
11,725.00
1.82% 4.39
506,843.30
102.355
511,775.00
4.46%
TAX SRB BE/R/ 2.345
NWNWNR
FED FARM CREDIT BANK 04.875
Aaa/AAA/AA+
431,000
4.88%
01/17/2017
21,011.25
0.63%
2.02
455,251.96
108.994
469,764.14
4.09%
DUE 011717 DTD 010907 FC
NWNWNR
AMERICAN EXPRESS F UT US RT
1 ff
447%
063%
0.00
14,512.18
245,374.74
2.14%
7,762.49
07172007
2.16%
2.29%
245,374.74
247.34
RATE CD WT
COMENITY BANK OF US RT
CD
200,000
1.15%
06/19/2017
2,300.00
1.30%
2.52
200,000.00
99.612
199,224.00
1.74%
01 1500% MAT 06/19/17 FIXED
1.15 %
1.30 %
-776.00
170.14
RATE JUMBO CD /DE
GE CAP BK UT US RT 01.7500 %
CD
130,000
1 75%
08/03/2017
2,275.00
1.29 %
2.61
130,000.00
101.202
131,562.60
1.1 5
MAT 08/03/17 FIXED RATE CD
1.73 %
1.29%
1,562.60
162.05
/UT
GE CAP RETAIL BK UT US RT
CD
247,000
1 75%
08/03/2017
4,322.50
1.29 %
2.60
247,000.00
101.202
249,968.94
2.18
01 7500% MAT 08/03/17 FIXED
1.73 %
1.29 %
2,968.94
1,397 41
RATE CD WT
SUN NATL BK NJ US RT
CD
240,000
1 00%
10/03/2017
2,400.00
0.54%
2.80
240,000.00
101.297
243,112.80
2.12
01.0000% MAT 10/03/17 FIXED
0.99%
0.54%
3,112.80
170.96
RATE CD /NJ
Total 2017
1,748,000
2.58%
04/16/2017
$44,348.75
0.92%
2.30
$1,783,343.66
$1,808,902.48
15.76
2.45%
0.92%
$25,558.82
$14,646.27
Effective rating/ Est. annual Adjusted % of
Underlying rating Effective Call date/ income ($)/ Y M (%B Modified cost basis ($)/ Market Mkt value ($)/ bond
(Mdy/Fitch/S&P) Quantity Coupon maturity Call price ($) Curr yield (%) YTW (%) duration Unreal. qll ($) price ($) Accr interest ($) port.
Maturing 2018
Effective rating/
Est annual
ENERBANK UT US RT 01.3500 % CD 240,000 1 35% 10/04/2018
3,240.00
1.74%
3.74 240,000.00 98.555
236,532.00 2.06
MAT 10/04/18 FIXED RATE CD
1.37 %
1.74%
-3,468.00
230.79
/UT
Mkt value ($)/
bond
(Mdy/Fitch/S&P)
Total 2018 240,000 1.35% 10/04/2018
$3,240.00
1.74%
3.74 $240,000.00
$236,532.00 2.06
Accr interest ($)
1.37%
1.74%
$-3,468.00
$230.79
Report created on. December 01, 2014 Page 4 of 7
Effective rating/
Est annual
Adjusted
% of
Underlying rating
Effective Call date/
income ($)/
YTM (%B Modified
cost basis ($)/
Market
Mkt value ($)/
bond
(Mdy/Fitch/S&P)
Quantity Coupon maturity Call price ($)
Curr yield (%)
YTW (%) duration
Unreal. qll ($)
price ($)
Accr interest ($)
port.
Maturing 2019
RIVERSIDE CACRANKY COLGE
Aa2/NWAA
500,000 2.35% 08/01/2019
11,725.00
1.82% 4.39
506,843.30
102.355
511,775.00
4.46%
TAX SRB BE/R/ 2.345
NWNWNR
2.29%
1.82%
4,931.70
3,875.76
080119 DTD 052914/CA
AMERICAN EXPRESS F UT US RT
247,000 2.15 % 11/13/2019
5,310.50
2.29 % 4.67
0.00
99.342
245,374.74
2.14%
02.1500% MAT 11/13/19 FIXED
2.16%
2.29%
245,374.74
247.34
RATE CD WT
Report created on. December 01, 2014 Page 4 of 7
f
Bond holdings - as of November 30, 2014 (continued)
Prepared for City of Hutchinson
RP 38446 • City of Hutchinson • Business Service Account
Risk profile. Conservative
Return Objective. Current Income
Total 2023 1,000,000 1.25% 06/06/2023 $12,500.00 NA $1,000,000.00 $1,000,150.00 8.71
1.25% NA $150.00 $6,041.67
Report created on. December 01, 2014 Page 5 of 7
Effective rating/
Est annual
Adjusted
% of
Underlying rating
Effective Call date/
income ($)/
YTM (%B Modified
cost basis ($)/
Market
Mkt value ($)/
bond
(MdylFitchlS&P)
Quantity
Coupon
maturity Call price ($)
Curr yield (%)
YTW (%) duration
Unreal. all ($)
price ($)
Accr interest ($)
port.
Maturing 2019
CIT BK SALT LAKE C UT US RT
CD
240,000
2.10 %
11/13/2019
5,040.00
2.23 % 4.68
240,000.00
99.389
238,533.60
2.08
02.1000%MAT 11/13/19FIXED
2.11%
2.23%
-1,466.40
234.74
RATE CD WT
Total 2019
987,000
2.24%
09/21/2019
$22,075.50
2.03% 4.53
$746,843.30
$995,683.34
8.67
2.22%
2.03%
$248,840.04
$4,357.84
Effective rating/
Est. annual
Adjusted
% of
Underlying rating
Effective Call date/
income ($)/
YTM (%B Modified
cost basis ($)/
Market
Mkt value ($)/
bond
(MdylFitchlS&P)
Quantity
Coupon
maturity Call price ($)
Curr yield (%)
YTW (%) duration
Unreal. qll ($)
price ($)
Accr interest ($)
port.
Maturing 2020
MASS ST GOCONSOLWTAX SR
Aal/AA+IAA+
500,000
2.09%
05/01/2020
10,450.00
2.02% 5.10
499,995.00
100.341
501,705.00
4.37
B BE/R/ 2.090050120 DTDNWNWNR
2.08%
2.02%
1,710.00
841.81
052814 /MA
FFCB BOND 02.375 % DUE
Aaa/AAA/AA+
1,000,000
2.38%
11/10/2020 11/10/2015
23,750.00
2.23% 0.94
999,750.00
100.799
1,007,990.00
8.78%
111020 DTD 111014 FC
T
NWNWNR
100.00
2.36%
1.52%
8,240.00
1,319.44
05102015
Total 2020
1,500,000
2.28%
09/07/2020
$34,200.00
2.16% 2.32
$1,499,745.00
$1,509,695.00
13.15
2.27%
1.69%
$9,950.00
$2,161.25
Effective rating/
Est annual
Adjusted
% of
Underlying rating
Effective Call date/
income ($)/
YTM (%B Modified
cost basis ($)/
Market
Mkt value ($)/
bond
(MdylFitchlS&P)
Quantity
Coupon
maturity Call price ($)
Curr yield (%)
YTW (%) duration
Unreal. qll ($)
price ($)
Accr interest ($)
port.
Maturing 2022
FHLB STEP UP CALL BOND 01 000
NWNWAA+
1,500,000
1.00%
12/2812022 12/28/2014
15,000.00
NA NA
1,500,000.00
100.047
1,500,705.00
13.07%
DUE 122822 DTD 122812 FC
NWNWNR
100.00
1.00%
NA
705.00
6,333.33
06282013
Total 2022
1,500,000
1.00%
12/28/2022
$15,000.00
NA
$1,500,000.00
$1,500,705.00
13.07
1.00%
NA
$705.00
$6,333.33
Effective rating/
Est annual
Adjusted
% of
Underlying rating
Effective Call date/
income ($)/
YTM (%B Modified
cost basis ($)/
Market
Mkt. value ($)/
bond
(MdylFitchlS&P)
Quantity
Coupon
maturity Call price ($)
Curr yield (%)
YTW (%) duration
Unreal. qll ($)
price ($)
Accr interest ($)
port.
Maturing 2023
FHLB BOND STEP-UP 1.2500%
Aaa/NWAA+
1,000,000
1.25%
06/06/2023 12/06/2014
12,500.00
NA NA
1,000,000.00
100.015
1,000,150.00
8.71
DUE 060623 DTD 060613 FC
NWNWNR
100.00
1.25 %
NA
150.00
6,041 67
12062013
Total 2023 1,000,000 1.25% 06/06/2023 $12,500.00 NA $1,000,000.00 $1,000,150.00 8.71
1.25% NA $150.00 $6,041.67
Report created on. December 01, 2014 Page 5 of 7
f
Bond holdings - as of November 30, 2014 (continued)
Prepared for City of Hutchinson
RP 38446 • City of Hutchinson • Business Service Account
Risk profile. Conservative
Return Objective. Current Income
Effective rating/
Effective rating/
Adjusted
Est annual
% of
Adjusted
Effective Call date/ income ($)/
% of
Mkt value ($)/
Underlying rating
Effective Call date/
income ($)/
YTM (%B Modified
cost basis ($)/ Market
Mkt value ($)/
bond
05/30/2019 NA $180,732.75
(Mdy/Fitch/S&P)
Quantity Coupon maturity Call price ($)
Curr yield (%)
YTW (%) duration
Unreal. all ($) price ($)
Accr interest ($)
port.
Maturing 2024
$11,524,317.75
FHLB BOND STEP-UP 02.000 %
Aaa/NAAA+
1,000,000 2.00% 10/09/2024 01/09/2015
20,000.00
NA NA
999,750.00 99.710
997,100.00
8.69%
DUE 100924 DTD 100912 FC
NR/NANR
100.00
2.01 %
NA
-2,650.00
2,833.33
04092013
Total 2024
1,000,000 2.00% 10/09/2024
$20,000.00
NA
$999,750.00
$997,100.00
8.69
2.01%
NA
$-2,650.00
$2,833.33
Effective rating/
Est annual
Adjusted
% of
Underlying rating
Effective Call date/ income ($)/
YTM (%B Modified cost basis ($)/ Market
Mkt value ($)/
bond
(Mdy/Fitch/S&P) Quantity Coupon
maturity Call price ($) Curr yield (%)
YTW (%) duration Unreal. g/I ($) price ($)
Accr interest ($)
port.
11,399,000 1.60%
05/30/2019 NA $180,732.75
1.13% 1.94 $11,193,681.96 NA
$11,478,257.39
100
Total Bond Portfolio
1.57%
1.04% $284,575.43
$46,060.36
$11,524,317.75
Report created on. December 01, 2014 Page 6 of 7
MINUTES
Parks, Recreation & Community Education Advisory Board
September 8, 2014
Members present were Don DeMeyer, John Rodeberg, and Tim Peterson. Dolf Moon, Mary
Haugen and Sara Witte were also present.
The meeting was called to order at 5:15 pm.
A motion was made by John Rodeberg and seconded by Tim Peterson to approve the minutes
dated August 4, 2014. The board unanimously agreed.
NEW BUSINESS
Tour of Burich Arena: Mary gave a brief history of the East and West rinks. Currently, the east
rink has a cement floor, which lends it to multi -purposes during non -ice times; soccer, baseball,
circus, etc.
The West rink has a sand floor. The group toured the new condensers room, old rooms; seeing
all the new equipment, along with the new hallway, etc. The first phase of the project is 1.8
million.
Tour of Masonic/West River Shower/restroom: The shower/restroom opened the end of June.
There have been a high number of users; campers prefer the new restroom to using the older one.
A higher elevation was needed due to the 100 year flood.
Utilities Downtown: All trees and sod were installed in the middle of August with help from the
Chamber Leadership group, HHS football players, etc. Many compliments have been received,
about the new trail and landscaping.
VMF: The infield was leveled; staff took eight inches of material out. Excess material went to
the Police Memorial. A mix of sand will be added back to help with drainage on the infield. The
new backstop poles, dugout work, etc. will happen in spring, 2015. The State Amateur Baseball
Tournament will be held in 2016.
ADJOURNMENT
The meeting was adjourned at 6:20 pm by a motion by Don DeMeyer and seconded by John
Rodeberg.
Planning and Zoning Monthly Activities Month/Year: November, 2014
Activity
Number
Additional Info.
Number of Planning Applications Reviewed and
1
Site Plan Review for 964 Hwy 15 S
Processed
Number of Joint Planning Board Applications
1
Conditional Use Permit for Kranz Lawn
Reviewed and Processed
& Re air outdoor display
Number of Planning Commission Meetings
1
Conditional Use Permit for 1500 sq. ft.
garage at 55 North High Dr NE;
Conditional Use Permit for Storage use
at 125 Erie St SE; Conditional Use
Permit for Storage use at 135 Monroe
St SE
Number of Joint Planning Meetings
1
Conditional Use Permit for Kranz Lawn
& Repair outdoor display (2nd time)
Number of Zoning Reviews for Building Permits
5
(Compliance with Zoning Code)
Number of Land Use Permits Issued -(Fences,
4
small sheds, patios, driveways, detached decks, etc.)
Number of Zoning Review for Sign Permits
3
Number of Predevelopment/Pre Application
2
Possible Plat in Joint Planning Area,
Meetings
Annexation
Number of Misc. Planning Meetings
18
Resource Allocation
City Council - 2
Directors Meeting - 4
Rental
Public Arts
Facility Walk-thru
Hutch Manufacturing
Zieman Case
Zieman Court
Maplewood Acadamy
Planning Staff
Fee Schedule
WCI
Wayfinding/Gateway
Chamber Leadership
Library Budget
Number of Zoning Enforcement Cases
3
5 th Ave SW., Outdoor Storage Issue
Number of Walk -In Customers Served
159
Site Visits
6
Century Ct, NU -Crane
Planning, Zoning and Building Dept. Monthly Report
November 2014
Building Department Permit Activities
A Commercial New
B Commercial/Ind. Remodel
C New Single Family
1065 5th Ave SE -building addition $1,000,000; 720 HWY 7 W -addition to Hutch
Manufacturing $193,500; 25 Michigan St SE - repair fire damange $90,000
1197 Bluejay Dr SW - $220,000;
Other Building Inspection Activities November 13th SW Chapter Meeting, Redwood Falls MN
Evergreen Meals served in November
Week of
Hutchinson
11/2013
11/2014
2013 Year to Date
2014 Year to Date
Total Number Inspections
11/1-11/8
101
118
42
1585
49
1842
% of Inspections done within 24 HRS
221
100.0%
100.00%
233
99.81%
93
99.80%
Total Number Plan Review
122
14
12
47
186
11/23-11/3
208
% of Plan Reviews completed in 21 Days
31
100%
100%
44
100%
100%
Building Permits Issued by Type
Number of Permits &
Valuation
Number of Permits &
Valuation
Year to Date Number
Permits & Valuation
Year to Date Number
Permits & Valuation
Commercial (new)
1
$11901,273.00
0 $0.00 A
7
$5,932,673.00
2
$504,000.00
Commercial ( additions/remodels)
2
$171,200.00
12 $1,357,187.008
78
$3,246,001.00
74
$3,593,287.00
Total Commercial
3
$2,072,473.00
12 $1,357,187.00
85
$9,178,674.00
76
$4,097,287.00
Industrial (new)
0
$0.00
0
1
$1,200,000.00
Industrial (additions/remodels)
2
$315,000.00
0 $0.00
3
$335,000.00
1
$156,000.00
Total Industrial
2
$315,000.00
0 $0.00
4
$1,535,000.00
1
$156,000.00
Fire Sprinkling
2
$9,800.00
1 $5,350.00
11
$110,935.00
6
$19,175.00
New Residential
0
$0.00
1 $220,000.00
10
$2,022,254.00
22
$4,575,500.00
Residential misc (additions/remodels)
4
$16,100.00
6 $9,200.00
122
$671,270.00
1301
$1,406,756.00
Set Fee permits (reside, reroof, window)
161
14
501
441
HRA Permits
1
$0.00
0 $0.00
7
$166,500.00
4
$256,699.00
Waived Fees (started in march)
0 $0.00
15
$1,779,595.00
Subtotal Building Permits
28
$21413,373.00
34 $1,591,737.00
740 $13,684,633.00
695
$12,291,012.00
Mechanical
22
$160,653.00
22 $39,660.00
162
$815,756.00
204
$1,679,808.00
HRA Mechanical
0
0
4
1
Plumbing
2
4
64
79
HRA Plumbing
0
0
2
0
Signs
9
$0.00
3 $31.00
110
$1,314.00
58
$100.00
Total Valuation
161 1
$2,574,026.00 63 $1,631,428.00
10821$14,501,703.0 1037
$13,970,920.00
*Set fees not included in valuation
A Commercial New
B Commercial/Ind. Remodel
C New Single Family
1065 5th Ave SE -building addition $1,000,000; 720 HWY 7 W -addition to Hutch
Manufacturing $193,500; 25 Michigan St SE - repair fire damange $90,000
1197 Bluejay Dr SW - $220,000;
Other Building Inspection Activities November 13th SW Chapter Meeting, Redwood Falls MN
Evergreen Meals served in November
Week of
Hutchinson
Park
Towers
Silver Lake
Glencoe
Brownton
Stewart
11/1-11/8
236
191
42
122
49
50
11/9-11/1
221
106
102
233
82
93
11/16-11/21
234
122
45
143
47
73
11/23-11/3
276
77
31
106
30
44
Total
967
496
220
604
208
260
Total Meals served in November 2755
Dates Closed
f - RA,
Hutchinson Housing &
Redevelopment Authority
Regular Board Meeting Tuesday, November 18, 2014, 7:00 AM
Min ufes
CALL TO ORDER: Vice Chairman Joel Kraft called the meeting to order. Members Present: Gary
Fortier, LouAnn Holmquist, and Steve Jensen, Staff Present: Jean Ward and Judy Flemming.
2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON OCTOBER 21,
2014
Gary Forcier moved to approve the Minutes of the regular board meeting as written. Steve Jensen
seconded and the motion carried unanimously.
FINANCIAL REPORTS
a. Steve Jensen moved to approve the City Center General Fund payments of $22,848.82 for checks
8550 to 8559. Gary Forcier seconded and the motion carried unanimously.
b. Gary Forcier moved to approve the City Center October 31, 2014 Financial Reports. LouAnn
Holmquist seconded and the motion carried unanimously.
c. Steve Jensen moved to approve the Park Towers operating account payments of $92,276.43 for
checks 13009 to 13042. LouAnn Holmquist seconded and the motion carried unanimously.
d. Steve Jensen moved to approve the Park Towers Security Deposit Account payments of $255.50
for check 1515. Gary Forcier seconded and the motion carried unanimously.
e, LouAnn Holmquist moved to approve the September 2014 Park Towers financial statements. Steve
Jensen seconded and the motion carried unanimously.
f. Jean Ward told the Board that the contributions in the resolution are consistent with the City's
contribution to PERA. Steve Jensen moved to approve Resolution #2014-12 to approve 2015 HRA
Retirement Contribution changes. Gary Forcier seconded and the motion carried unanimously.
4. PARK TOWERS UPDATE
a. FYI: November 1, 2014 Occupancy summary report: current 100% occupancy; year to date 99%.
b. Steve Jensen moved to approve Resolution #2014-13 to approve removal of items from Park
Towers Depreciation Report. Gary Forcier seconded and the motion carried unanimously.
c. Steve Jensen moved to approve Resolution #2014-14 to approve write of uncollectable accounts.
LouAnn Holmquist seconded and the motion carried unanimously.
d. Steve Jensen moved to approve Resolution #2014-15 to void check 12933. LouAnn Holmquist
seconded and the motion carried unanimously.
e. Steve Jensen moved to approve LSS Senior Nutrition Program Site Use Agreement — 2015.
LouAnn Holmquist seconded and the motion carried unanimously.
5. SCHOOL CONSTRUCTION PROGRAM
a. 445 Adams Street; Construction Schedule update — Judy Flemming reviewed the construction
schedule with the Board.
b. FYI: CRV Impact Program Award for 2015-2016 School Construction Project $47,500 Value Gap
and $100,000 Construction Financing. Now we are looking for a vacant, dilapidated property.
6. SCDP Program
a. Working on one Revolving Owner Occupied Rehab Loan Program project.
b. SCDP Rental Rehab Pre -application submitted to DEED.
November 18, 2014 Minutes Page] oft
7. COMMUNICATIONS
a. Holiday Breakfast at McCormicks after December 161h Board meeting.
8. ADJOURNMENT
Steve Jensen moved to adjourn and LouAnn Holmquist seconded. There being no other business, Vice
Chairman Joel Kraft declared the meeting adjourned.
Recorded by Jean Ward, HRA Executive Director
7
Gary Forci4r, Secretary/Treasurer
November 18, 2014 Minutes Page 2 of 2
Sidewalk Snow Removal
Monthly Report
November 2014
Monthly Summary of Sidewalk Snow Removal Noncompliance
A summary of sidewalk snow removal notices left at properties not in compliance with Chapter
90.01 Ice and Snow on Public Sidewalks, of the Hutchinson City Code of Ordinances can be
found below. 24 hours were given to those receiving notice to remove snow deposited onto the
public sidewalk.
Number of properties that received snow removal notice
20
Number of properties cleared by City order
7
Number of properties pending compliance at month's end
0
Properties that were ordered to be cleared by the City
House
Street
Quadrant
Property Owner
City PID
Roger Bluhm
144
2nd Ave
SE
144 2nd Ave SE
06-116-29-03-0950
Hutchinson, MN 55350
Stix & Brix Inc
435
Adams St
SE
307 North Holcombe Ave
06-116-29-07-0590
Litchfield, MN 55355
Brent Gruendemann
503
Adams St
SE
503 Adams St SE
06-116-29-07-0880
Hutchinson, MN 55350
Federal National Mortgage
14221 Dallas Parkway,
406
Hassan St
SE
10th Floor
06-116-29-06-0410
Dallas, TX 75254
Greg Huse & Catherine Libor
589
Hassan St
SE
589 Hassan St SE
06-116-29-11-0200
Hutchinson, MN 55350
Chrystal & Amber Smestad
599
Hassan St
SE
599 Hassan St SE
06-116-29-11-0190
Hutchinson, MN 55350
Stix & Brix Inc
636
Hassan St
SE
307 North Holcombe Ave
06-116-29-11-0710
Litchfield, MN 55355
Dept of Veteran Affairs
VA Regional Loan Center
35
7th Ave
SE
1 Federal Drive, Ft. Snelling
06-116-29-11-0740
St. Paul, MN 55111-4050
Randy & Lynn Juell
705
4th Ave
SW
70229 Co Rd 1
01-116-30-07-0120
Redwood Falls, MN 56283
Reed Polzin
701
4th Ave
SW
701 4th Ave SW
01-116-30-08-0400
Hutchinson, MN 55350
US Bank NA
735
Franklin Ave
SW
4801 Frederica St
06-116-29-11-1090
Owensboro, KY 42301
Angela Robertson
745
Franklin Ave
SW
745 Franklin Ave SW
06-116-29-11-1080
Hutchinson, MN 55350
Green Jacket LLC
805
Franklin Ave
SW
2221 Oak Glen Ln
06-116-29-11-0930
Stillwater, MN 55082
HK Property LLC
985
Echo Dr
SE
1303 South 4th St
06-116-29-13-0050
Stillwater, MN 55082
FN Investments LLC
1025
Echo Dr
SE
1025 Echo Dr SE
07-116-29-04-0070
Orono, MN 55356
Daniel & Sharma Nemitz
316
Monroe St
SE
316 Monroe St SE
06-116-29-07-0070
Hutchinson, MN 55350
Jeremy Norcutt
326
Monroe St
SE
326 Monroe St SE
06-116-29-07-0080
Hutchinson, MN 55350
Spencer & Whitney Durbin
206
Monroe St
SE
206 Monroe St SE
06-116-29-02-0560
Hutchinson, MN 55350
Joshua Beckman
735
Main St
S
735 Main St S
06-116-29-11-0900
Hutchinson, MN 55350
Stephen & Bethany Gasser
815
Main St
S
19776 209th St
06-116-29-11-0910
Hutchinson, MN 55350
Resource Allocation
Committee
November 6, 2014
4:00 PM
Hutchinson City Center
Attendees: Steve Cook, Gary Forcier, Kent Exner (Committee Members)
John Olson, Dolf Moon, Dan Jochum, Lee Miller, John Paulson (Contributing Participants)
Meeting Minutes
1. WWTF Solar Installation Project —review project status and future activities
John P. provided an overview of current information relative to the WWTF Solar PV Installation project. RAC members agreed that the
project delivery should include a Public Hearing being administered during the December 9h City Council meeting with their December
23 d meeting being targeted for the consideration of the Xcel Energy RDF Grant and Ameresco Energy Services agreements.
2. Pavement Management Program — review recently received system inventory/condition information
- John O. provided and reviewed the recently prepared summary of the City Pavement Management Program inventory and related
analysis. RAC members agreed that this information should be presented to the City Council at their November 25d` meeting. Also, City
staff will be utilizing this information to revise the draft Capital Improvement Plan to reflect changes to the timing of future City roadway
projects.
3. Cemetery Columbaria — review potential expansion implementation
- John O. reviewed the potential of the City coordinating the construction of a shelter facility on the cemetery grounds that would contain
columbaria and could be utilized for funeral/prayer/memorial services. RAC members agreed that this project appeared to be feasible
based on the presented conceptual drawings and associated cost estimations. Also, the possibility of constructing a memorial sculpture
was briefly discussed. At this point, the Cemetery Capital Projects Fund has been identified as a potential funding source for these
improvements while realizing that potential donations and Cemetery Dept. revenues will most likely decrease the City's initial
investment. During a December City Council meeting, City staff will present information regarding this topic.
4. Water Street Truck Garage — review potential full acquisition of identified MnDOT property
- John O. reviewed the recent proposal from MnDOT that would fully convey the Water Street truck garage property to the City without
any reversionary conditions in exchange for a payment of $3,000 (MnDOT's costs to prepare/approve/record appropriate transaction
documentation). RAC members agreed that this opportunity seems to be beneficial to the City and requested that this arrangement be
considered at an upcoming City Council meeting.
5. Other Discussion
