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cp12-23-2014
No 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 I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 5 of 22 12/17/2014 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 I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 6 of 22 12/17/2014 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 I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 7 of 22 12/17/2014 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 I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 13 of 22 12/17/2014 I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 14 of 22 12/17/2014 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. I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 14 of 22 12/17/2014 I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 15 of 22 12/17/2014 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 I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 15 of 22 12/17/2014 I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 16 of 22 12/17/2014 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 I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 16 of 22 12/17/2014 I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 17 of 22 12/17/2014 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 I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 17 of 22 12/17/2014 I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 18 of 22 12/17/2014 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 I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 18 of 22 12/17/2014 I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 19 of 22 12/17/2014 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 I:\Finance\FEE SCHEDULE S\2015 Fee Schedule\2015 Fee Schedule - 12-23-2014 Page 19 of 22 12/17/2014 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 rr r rr rr •� � r r r rr r r r ar rr rr Ir r questions ant 40 t S _ wastewater ireatmentsiani•� L&O �. a AMERESC04PGreen • Clean • Sustainable r r r r r r r r s r �r r rw rr ar r rr rrr r i • Solar P nn Pra • •qw { December 23, 2014 ��^ ($375,000) — Guaranteed Savings — over achieved by $25k ($32k vs $57k = 78% highher)! 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 AMERESCO ameresco.com 4 Year+ WorkingRelationshi pGreen .Clean .Sustainable M M M M M M M M M M M M M M ' O M M M Solar PV size = 400 KW = 470,070 kwh/year guaranteed (80% derated from actual) (Actual = 587,587 kwh/year) -20% of the WWTP Annual Load a Utility costs = 0.737/kwh and annual increases = 1.5% 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) Unique One-time Opportunity AMERESCO G s r n ameresco.com Green • Clean • Sustainable == M r== r s M M1=1= r M M M M w M G 7 XWEnergy. March 12.2014 Jeremy C aver City of Hutchinson I I I Hassan St SC Hutchinson, MN 55350 Re: RDF Gram Award EP4– 1 Dear Jcremv 4'4 N—Het Ma I Virneapn �s Al innnu,;a SSaJ11g43 i 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. City of Hutchinson Critical Path ScWvle (EP441) ItMrlr Tot L.A �.a�q mo MaN Dee" 'm l! Pd15 11.-15 w511nH5 Jf15 F 1415 TAW15 I *1I i Or DK -I! 4 AMERESCO Green • Clean • Sustainable - ■ $958,360 Grant from Xcel to the City to build this project ■ 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 d ameresco.com Green . Clean . Sustainable `%7LI1I IALIiu `1 I V 11 VI II1IIi1 ILAI VA V 11 On an annual basis = 401 Metric tons of Carbon dioxide Equivalent: 84.5 Passenger vehicles 329 acres of U.S. forests it one year Greenhouse gas emissions from: Carbon Sequestered by: On an 30 year basis = 8,964 Metric tons of Carbon dioxide Equivalent: ameresco.com 1,887 Passenger vehicles 7,347 aces of U.S. forests in one year AMERESC0114-1 Green . Clean • Sustainable S 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. Confidential & Proprietary Information of Ameresco, Inc. Page 4 (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. Confidential & Proprietary Information of Ameresco, Inc. Page 5 (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) Confidential & Proprietary Information of Ameresco, Inc. Page 6 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 Confidential & Proprietary Information of Ameresco, Inc. Page 7 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 Confidential & Proprietary Information of Ameresco, Inc. Page 8 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 Confidential & Proprietary Information of Ameresco, Inc. Page 9 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 Confidential & Proprietary Information of Ameresco, Inc. Page 10 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. Confidential & Proprietary Information of Ameresco, Inc. Page 11 (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. Confidential & Proprietary Information of Ameresco, Inc. Page 12 (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 Confidential & Proprietary Information of Ameresco, Inc. Page 13 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. Confidential & Proprietary Information of Ameresco, Inc. Page 14 (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. Confidential & Proprietary Information of Ameresco, Inc. Page 15 (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. Confidential & Proprietary Information of Ameresco, Inc. Page 16 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. Confidential & Proprietary Information of Ameresco, Inc. Page 17 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. Confidential & Proprietary Information of Ameresco, Inc. Page 18 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: Confidential & Proprietary Information of Ameresco, Inc. 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; Confidential & Proprietary Information of Ameresco, Inc. 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. Confidential & Proprietary Information of Ameresco, Inc. Page 21 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 Confidential & Proprietary Information of Ameresco, Inc. Page 23 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. Confidential & Proprietary Information of Ameresco, Inc. Page 24 "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. Confidential & Proprietary Information of Ameresco, Inc. Page 25 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. Confidential & Proprietary Information of Ameresco, Inc. Page 26 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 rel 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 10 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: xr• N�7i'?IaSC51. 1�� " r 1111A�.IIl1111a�- 111111111Sp1illll:i6.... :r■.r-rrw nl a Ill Iln of erlllllll! 1: llIII11>'■ "111137!"l11Elalii. .'1 °f}11Ylrluinlll: AMIRIL MINIMUMh it f. a ■ IIIAllielllll111ll11l111Rli11!' 1111111111111111111Rl1111R11111l1".R1�'liR 11HE11111l11[1111E1[lElI1RE1111111:.- !illl! 1111111!1111111111111#1::IRRIl11111[� 1111A 3 1�u11111Ru1111u11!l1111R111RIR11111H11111111111 h[;•II111111111I1AAlIllllll!lI11R111I11111111A11A111 ; � - ll[Zi HIM 14, illlfli111!!!1!".il�!ell11111[lIIR!!1ll1!l111Sl1l1111 � i111i1111I'11111"� "'jlo`91lAIRN11111111E1li1111 J1111lIK' M'" " lS�IJl11R111111E11l11El111! `:��ISl11BlON1,INS:11A1llR 11 011111111111111111118 _ - !Il[111111111111111l111 - _ � 1281111111111111111111111 � ili111R1i11l11lIlRH111E - �11A11111Il111111111lIIlllll! e } � _ .11111111111111111111111Il1lEll i Electrical System Layout: 44 W ci Li 7i 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 $ 22 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. 23 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 25 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 28 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