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cp11-09-2010 cAGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 9, 2010 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Riverside Assembly of God Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF OCTOBER 26, 2010 Action — Motion to approve as presented 6. CONSENT AGENDA (Purpose: onlyfor items reguiringCouncilapproval by external entities that would otherwise ave een e egate tot e City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES RESOLUTION NO. 13802 — A RESOLUTION AUTHORIZING DEFERRED ASSESSMENT RESOLUTION NO. 13803 — A RESOLUTION AUTHORIZING DEFERRED ASSESSMENT (b) CONSIDERATION FOR APPROVAL OF ISSUING COMMERCIAL HAULING LICENSE TO RENVILLE SIBLEY SANITATION (c) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO HUTCHINSON WRESTLING CLUB ON FEBRUARY 27. 2011 (d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO HUTCHINSON EAGLES 4441 FOR APRIL 16, 2011 (e) CONSIDERATION FOR APPROVAL OF ISSUING CATERER'S PERMIT TO HUTCHINSON EAGLES AERIE 4441 FOR NOVEMBER 18, 2010 (f) CONSIDERATION FOR APPROVAL OF SALE OF CITY -OWNED VEHICLES /EQUIPMENT (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (h) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON DECEMBER 16, 2010 Action — Motion to approve consent agenda 7. PUBLIC HEARINGS — 6:00 P.M. - NONE 8. COMMUNICATIONS RE VESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise pa icy. A ways oo ing toward the juture, not monitoring past) (a) UPDATE ON SOUTHWEST INITIATIVE FOUNDATION ACTIVITIES— GARRETT BACKES Action — CITY COUNCIL AGENDA — NOVEMBER 9, 2010 (b) DISCUSSION OF SNOW EMERGENCY ORDINANCE INFORMATION AND IMPLEMENTATION Action - 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF "REVISED" JOB EVALUATION /COMPENSATION STUDY PROJECT Action — Motion to reject — Motion to approve 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ITEMS FOR ENERGY CONSERVATION PERFORMANCE CONTRACTING "ENERGY SERVICES AGREEMENT" WITH AMERESCO Action— Motion to reject— Motion to approve (b) CONSIDERATION FOR APPROVAL OF LAND SALE TO WARRIOR MANUFACTURING AND LAND PURCHASE FROM WARRIOR MANUFACTURING AS REQUESTED BY HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY Action — Motion to reject — Motion to approve (c) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13804 - A RESOLUTION CREATING A MOSQUITO SPRAYING RESERVE ACCOUNT Action — Motion to reject — Motion to approve (d) CONSIDERATION FOR APPROVAL OF AMENDING HUTCHINSON CITY POLICY 3.23 — CONFERENCES AND SEMINARS (OUT OF STATE) Action — Motion to reject — Motion to approve (e) CANVASSING OF 2010 MUNICIPAL ELECTION RESULTS Action - 11, GOVERNANCE (Purpose. to assesspast organ izationalperformance, developpolicythatguides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM OCTOBER 5, 2010, AND NOVEMBER 2, 2010 (b) WEED NOTICE MONTHLY REPORT FOR OCTOBER 2010 (c) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM SEPTEMBER 21, 2010 12. MISCELLANEOUS 13. ADJOURN 2 MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 26, 2010 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Jim Haugen, Eric Yost, and Chad Czmowski. Member absent was Bill Arndt. Others present were Gary Plotz, City Administrator, and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Todd Harris, Oak Heights Covenant Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF OCTOBER 12, 2010 Motion by Yost, second by Czmowski, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise ave een a egate to t e City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13800 — RESOLUTION CERTIFYING SPECIAL ASSESSMENTS 2. RESOLUTION NO. 13801 -RESOLUTION SETTING INTEREST RATE FOR 2010 ADOPTED ASSESSMENT ROLLS (b) REAPPOINTMENT OF JOEL SCHWARZE TO AIRPORT COMMISSION TO SEPTEMBER 2015 (c) CONSIDERATION FOR APPROVAL OF ISSUING MASSAGE LICENSE TO MARY MAY TO OPERATE MASSAGE FACILITY LOCATED AT 35 NORTH MAIN STREET (d) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Czmowski, second by Cook, to approve consent agenda. Motion carried unanimously. 7. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF ISSUING ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSE TO JOSEPH W. FREDERICK, SR. OF TWO JOES HUTCHINSON, INC. DBA BUFFALO WILD WINGS Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that staff has reviewed the full application in detail and has no concerns with issuing a liquor license to Mr. Frederick, Sr. Motion by Arndt, second by Cook, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to approve issuing on -sale intoxicating and Sunday liquor license to Joseph W. Frederick, Sr., of Two Joes Hutchinson, Inc. dba Buffalo Wild Wings. Motion carried unanimously. Joseph Frederick presented before the Council and provided them an update on the progress of the restaurant. Proposed opening date is January 17, 2011. 8. COMMUNICATIONS, REQUESTS AND PETITIONS (Purpose: to provide Council with information 5(0-) CITY COUNCIL MINUTES — OCTOBER 26, 2010 necessary to craft wise policy. Always looking toward the future, not monitoring past) 9. UNFINISHED BUSINESS (a) ORDINANCE NO. 10- 0661 —AN ORDINANCE AMENDING CITY CODE CHAPTER 154 — ZONING; SECTION 154.004, DEFINITIONS, SECTION 154.136, GENERAL REQUIREMENTS FOR SIGNS; SECTION 154.138, PROHIBITED SIGNS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that at the last meeting it was suggested to clarify the language in the ordinance pertaining to public information signs in residential districts. Time and temperature /public information signs will be allowed in R -1 — R -5 districts with the stipulation that the signs are not flashing, the background is black and characters are single lines. The Planning Commission was in favor of the general concept of the proposed language in the ordinance. Motion by Haugen, second by Yost, to approve Ordinance No. 10 -0661. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF SETTING 2011 GOAL - SETTING WORKSHOP WITH CITY ADMINISTRATOR AND CITY COUNCIL Mayor Cook noted that he had spoken with Jeremy Carter, City Administrator - elect, who suggested having a preliminary workshop before year's end and then having a workshop the end of January after he has taken office. Mayor Cook suggested Just holding a formal workshop near the end of January 2011. Motion by Czmowski, second by Yost, to set January 25, 2011, at 4:00 p.m. as goal- setting workshop /review with City Administrator Jeremy Carter. Motion carved unanimously. 10. NEW BUSINESS (a) DISCUSSION OF THE CREATION OF A MOSQUITO SPRAYING RESERVE ACCOUNT Mayor Cook suggested creating a reserve account to compensate for extra wet summers where additional sprays may be necessary. Staff would then notify the Council on a week to week basis if those funds would be utilized from the reserve account for mosquito spraying. John Olson, Public Works Manager, presented before the Council. Mr. Olson spoke of details of the current contract and various costs for each spray. An amount of $15,000 was suggested to be placed in the account. General discussion was held regarding appropriate spraying measures. A Resolution will be drafted for consideration at the next Council meeting. (b) DISCUSSION OF WATER/SEWER DEBT AND ALTERNATIVE FUNDING Mayor Cook asked staff to put together information in relation to alternative funding if the local sales tax is not approved in order to pay off the waster /sewer debt. Jeremy Carter, Finance Director, presented before the Council. Mr. Carter presented figures showing different alternatives the City may need to consider if the local sales tax option is not approved in order to cover the water /sewer debt. All of the illustrations are to generate $1 million to aid in pa ing off the water /sewer debt. These fi &ures include a flat meter rate fee on both the water and sewer side for all users, which would create an additional monthly fee of $17.16. Another illustration showed an equivalent meter (standard by AWWA) rate fee of $7.47 on both water and sewer which would generate a monthly fee of $14.94 for all users. Other illustrations showed monthly increases to residential users only, which showed monthly increases of $19.08 and $18.61 respectively on flat meter rates and equivalent meter rates. These rates show that if they need to be imposed, the yearly payment would be higher than the proposed approximate $80 /year that will be generated through a local sales tax option. (c) CONSIDERATION FOR APPROVAL OF SETTING TRUTH IN TAXATION HEARING CITY COUNCIL MINUTES — OCTOBER 26, 2010 Jeremy Carter, Finance Director, presented before the Council. Mr. Carter noted that the Truth in Taxation hearing must be held after 6:00 p.m., but can be held during a Council meeting, although historically the City has held the hearing separate from a Council meeting. Mayor Cook suggested holding a town hall budget meeting separate and then holding the truth in taxation hearing at a Council meeting. Motion by Arndt, second by Yost, to set Town Hall Budget meeting for November 18, 2010, at 6:00 p.m. at the City Center with the Truth in Taxation hearing being held during the first Council meeting in December at 6:00 p.m. as a public hearing. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR DECEMBER 14, 2010, TO DISCUSS COMPREHENSIVE PLAN Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that staff would like to hold a workshop with the Council to review the comprehensive plan. The Planning Commission has reviewed the comprehensive plan work program. The entire process will take 12 -18 months and is slated to begin early in 2011. Motion by Yost, second by Czmowski, to set Council workshop for December 14, 2010, at 4:00 p.m. to discuss comprehensive plan. Motion carried unanimously. 11. GOVERNANCE (Purpose: to assess past organizational performance, develop policy thatguides the organization and Council an manage the logistics of the Council. May include monitoring reports, pal icy development and governance process items.) (a) CITY OF HUTCHINSON FINANCIAL REPORT FOR SEPTEMBER 2010 (b) CITY OF HUTCHINSON INVESTMENT REPORT FOR SEPTEMBER 2010 (c) PLANNING COMMISSION MINUTES FROM SEPTEMBER 21, 2010 (d) JOINT PLANNING BOARD MINUTES FROM SEPTEMBER 15, 2010 Council Member Yost asked about the revenues indicated on the financial report. They seem a bit low compared to expenses. Jeremy Carter explained that the tax settlement, LGA and transfers have yet to be received. 12. MISCELLANEOUS Bill Arndt — Council Member Arndt noted that he has received many positive comments on the leaf vacuum service. Gary Plotz, City Administrator, noted that 40 tons of leaves were picked up last week. Eric Yost — Council Member Yost encouraged everyone to vote at next week's election. Gary Plotz — Mr. Plotz noted that he and staff members have been working on a wellness program utilizing a model from the City of Winona. Mr. Plotz noted that the City of Winona has not fully completed their model, therefore staff will be utilizing a model created in the private insurance sector. A program will be brought before the Council at the November 23, 2010, City Council meeting. Also, measurement objectives are being worked on with representatives from the private sector. Mayor Cook — Mayor Cook noted that the tractors being used for the leaf vacuum program are rented and not owned by the City. Gary Plotz noted the price difference between the purchase of a street sweeper (over $200,000) and the rental of the tractors for the leaf vacuum ($35,000). 13. ADJOURN Motion by Arndt, second by Yost, to adjourn at 6:25 p.m. Motion carried unanimously. RESOLUTION NO. 13802 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That, the following property be certified as deferred for hardship for senior citizen or disabled person as outlined by state statute, city ordinance, and city resolution 13741. Property description Lot 5, B1k.60 South Half City of Hutchinson Owner Waltraud Heldt 542 Adams St SE Hutchinson MN 55350 That, the following assessment roll shall be deferred under the above guidelines: City and County Roll #5093 Amount $ 5,890.00 2010 Project and assessment Interest rate of 4 %. This special assessment was adopted by the city council this 12'" day of October 2010. Resolution 13802 submitted to the council on this 9t° day of November 2010. Steven W. Cook Mayor Attest: Gary D. Plotz City Administrator ( G-) 1 RESOLUTION NO. 13803 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That, the following property be certified as deferred for hardship for senior citizen or disabled person as outlined by state statute, city ordinance, and city resolution 13741. Property description Lot 7, B1k.36 South Half City of Hutchinson Owner Fredrick & Shantha Macden 335 Adams St SE Hutchinson MN 55350 That, the following assessment roll shall be deferred under the above guidelines: City and County Roll #5093 Amount $ 5,890.00 2010 Project and assessment Interest rate of 4%. This special assessment was adopted by the city council this 12`s day of October 2010. Resolution 13803 submitted to the council on this 9h day of November 2010. Steven W. Cook Mayor Attest: Gary D. Plotz City Administrator Co (co 4, )Ae� 111 Hassan Street Southeast Hutchinson, MN 55350 (320)587- 5151/Fw (320) 234 -4240 City of Hutchinson Application for Licensing (Under Ordinance No. 117.15) ree'd & fd . tj 7,5 00 ,o[gIIo Type of Application (pursuant to section 6 23, subsection 2 -11 Commercial Hauling Fee $125/Year ❑ Residential Hauling Fee $125/Year ❑ Recycling Fee $55/Year Total Due: $ y Refuse Equipment Owned or Leased include recycling equipment) Company Information Ke-Z f 29 t 'P"o f 9 2009 Description Make /Mode! Year Company Name Phone Number &, X 2Y / �,6Go �T�-f Address City Slate Zip ly— p ooa Description Make /Model Company Officers list all): Capacity !L necessarY list additional equipment on separate sheet. Name Title nn V <P Name Title Name Title *ff necessa , list additional officers on separate sheet. Number of Years Applicant Has Been: In Commercial Hauling 6'� Years In Residential Hauling Years Recycling Years Refuse Equipment Owned or Leased include recycling equipment) Ke-Z f 29 t 'P"o f 9 2009 Description Make /Mode! Year Capacity i 91 20 13 DescriptionMake /Model Year Capacity 1L %LL0' � :,;d /rL q ' ly— p ooa Description Make /Model Year Capacity !L necessarY list additional equipment on separate sheet. (11) City of Hutchinson Application for Licensing Page 2 of 3 List Additional Equipment Needed to Purchase or Lease to Meet Licensing Requirement for Adequate Transit Vehicles (section 623. subsection 4.E) Insurance Coverage Information attach copy of insurance that meets or exceeds limits established in the ordinance Insurance Company Agent's Name 1`2 C i X - A dress City State Zip Monthly Submission of Information to City Administrator section 623, subsection 9 Are you aware of your responsibility to submit names and addresses of your business and commercial account no later than a IOth of each month to the City Administrator? YES ❑ NO Are you willing to maintain a local telephone number and a daily 24 -hour answering service to handle service questions? / U( YES ❑ NO I hereby certify that I have completely filled out the entire above application, together with the attached and executed Release of Information Form, and that the application is true, correct, and accurate. of Applicant Internal Use Only Fire ❑ approved ❑ denied Notes: Police ❑ approved ❑ denied Notes: City Council ❑ approved ❑ denied Notes: w— y -id Date (e(-6) f4• 11 -+10 i I I 1 Hassan Street Southeast Hutchinson, MN 55350 (320)587 - 5151/17= (320) 234 -4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Application Type !& Short TermDate(s) 'A _ ADvyr ©Z•l? -() Fee: $30.00 Month/Da ar- Month/Da /Year Organization Information AzAe Phone Number f %ZOV Ra" lZd is u3 -� � 3 Address where regular meeting are held City State Zip Day and time of meetings. �,r 7.er r j ,,. Is this organization organized under the la of the State of Mi esota? Dyes ❑ no How long has the organization been in existte ce? ; How may members iii the nization? What is the purpose of the organization ?` Sorg /- In whose cystody will organization records be kept? -1 &4;r55l u bZ %.Q ; C3i') 581- 8s73 Name Phone Number lyff Address City State Z! t rue name Phone Number 7os l'l�l s�. Y Residence Address City State Zip Date of Birth: 1Z / ,2 1 / b7 Place of Birth: � �- Monthldayfyear City State Have you ever been convicted of any crime other than a traffic ffense? yes ❑ no If yes, explain: --i-4 .!— ) (j 9 CJ JA, � (C-) City ofifulchinson Application for Bingo Gambling Devices License Page 2 of 3 Designated Gambling Mana er It ed underYnnesota Statute 329 True Name Phone Number Residence Address City State Zip Date of Birth: / Place of Birth: Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes ❑ no If yes, explain: How long have you been a member of the organization? Game Information Location #1 Name of location where game will be playe Phone Number iz6 � - Address of location where game will be played City S zip `_ ,, Date(s) and/or day(s) gambling devices will be used: _D ft� Dt- t 'tt4lfdgh �Z -27- `/ AM Hours of the day gambling devices will be used: From b'a AM To Maximum number of player: Will prizes be paid in money or merchandise? pGoney /Ndmerchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes no If yes, Willa charge be made for such refreshments? ❑ es ❑ no Game Information T......�...- u� Name of location where game will be played Phone Number Address of location where game will be played City State Date(s) and/or day(s) gambling devices will be used: through _ Hours of the day ht y gambling devices will be used: From PM To Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? will a ❑ no ❑ yes ❑ no Zip time ` Title 7BS Residence Address City State / Zip time t= Title 40'v Name Ciry State t, c0 (.0 City ofHutchimon Application for Bingo Gambling Devices License Page 3 of N me Title /V& Residence Address City .Cmto " zi>. I Officers or Other Persons Paid for Services Information (if list additional names on separate sheet) Residence Address City State Zip Name Title Residence Address City State zip Residence State Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager ❑ yes ❑ no Authorized Officer dyes ❑ no / Initral ( Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. Internal Use Only City Council l] approved U denied Notes: Date Date (ac,- f\ 111 Hassan Street Southeast Hutchinson, MN 55350 (320) 587 -5151 /Fax: (320) 2344240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Application T Short Term Date(s) Fee: $30.00 nth/D ear —M thVD ear a 1wormation- N4ne PhoneNumbe Address ere regular held —41111. meeting are Zip Day and time of meetings? j ] Aawsof ccc ... 8 Is this organization organized under th State of Minnesota? yes ❑ no How long has the organization been ' ce? How may members ' the organi lion? What is the purpose of the organization? In whose custody will organization records be kept? `7 57th Vame ��Aad, yPhoneNumber ress i State Name Date of Birth: Place Have you ever been convicted of any crime other than a traffic offense? ❑ yes If yes, explain: 'SS SJM S' rate zip . M V"-� V State 5 no City of Hutchimon Application far Bingo Gambling Devices License Page 2 of 3 True Name - Phone Number Residence Address City State Zip Date of Birth: / / Place of Birth: Monthldayy ear City State Have you ever been convicted of any crime other than a traffic offense? ❑yes ❑ no If yes, explain: How long have you been a member of the organization? frame mnrormation Of naaress of location where gtfine will be playe Date(s) and/or day(s) gambling devices will be used: Hours of the day gambling devices will be used: Maximum number of player: 5e pla7 d Phone Number d City State Zip through From To Will prizes be paid in money or merchandise9 oney merchandise Will refreshments be served during the time the g tiling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ es ❑ no Game Information Name of location where game will be played Phone Number Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: through AM Hours of the day gambling devices will be used: From pM ToM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ ves ❑ no Title A ' ' —' Alt S)) RdsidenceAddress 511�v State Zip Title l \ I City State J Zip 1 l City afHutchinson Gambling Devices License Name V qm'. 7- Title Residence Address City State Zip Name Title Residence Address City State Zip Title State Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager ❑ yes ❑ no Authorized Officer yes ❑ no Initial \ Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 11 relating to gambling and I will familiarize myself with the contents thereof. �Jign[lture a(I aua4o/t'ed officer of organization Date Signature ofgambling manager of organization Date City Council ❑ approved ❑ denied Notes: & (d) CITY OF HUTCHINSON CATERER'S PERMIT APPLICATION PERMIT FEE $100 To obtain a Caterer's Permit, applicant must currently hold a valid retail on -sale intoxicating liquor license at a restaurant. All liquor laws and rules apply to both the on -sale license as well as this caterer's permit. Liquor liability and workers compensation insurance are mandatory and a certificate showing off premises coverage must accompany this application for a caterer's permit. Cancellation or suspension of the on -sale license invalidates the caterer's permit also. Only the licensee holding the caterer's permit shall provide food and liquor at catered events. Applicant Name (Individual, Partnership, Corporation (J Trade Name or DBA corporate name) DOB Social Security # 1/. . , r Date of Event I certify that the above information provided by the applicant is true, complete, correct and made in good faith and agree to comply with the above paragraph's requirements and all other applicable law in the use of the caterer's permit. _ZN MM/ //, �/- 12 7��h ,45�xr/,/ Signature — Authorized Applicant Date Print Full Name of Person Signing Please attach the following documents to this form: 1) A copy of the applicant's caterer's permit issued by the State of Minnesota 2) A copy of the applicant's valid on -sale intoxicating liquor license 3) A copy of the applicant's valid restaurant license issued by the Health Department 4) A certificate of liquor liability insurance that states `Off premises coverage included" (No applications, binders or declarations). 5) $100 check or money order payable to the City of Hutchinson co (-e-) �rn 19022 (8 -98) Mate Yf ffinimilat I NO. Urpartmrnt of Public #afrtg Alcohol & (6ambling iinforcrmrnt Diuoinn CATERER'S PERMIT FOE Aerie 4441 FOE Aerie 4441 1000 Hwy 7 W \ Hutchinson, MN 50350 HAS BEEN ISSUED THIS LICENSE /PERMIT BY THE STATE OF MINNESOTA PURSUANT TO MINNESOTA STATUTES CHAPTER 340A AND RELATED REGULATIONS 7/21/'2011 ,(p EXPIRES ^- y'MEJT OF PLg(i S Jit' a v to C uPe m Yr� < Alcohol & Gambling Enforcement Director lUG4�i9��e` 4lFOF MINNESO ' N THIS LICENSE/PERMIT MUST BE CONSPICUOUSLY DISPLAYED City of Hutchinson Fraternal Order of Eagles Hutchinson Aerie 4441 1000 Hwy 7 W Hutchinson NIN 55350 DBA: Fraternal Order of Eagles Hutchinson Aerie 4441 License Type: On -Sale Intoxicating 2 LICENSE: Issued Data: Expiration Date: 0000184 04/01/2010 03/31/2011 Pursuant to City Ordinances and regulations and conditioned upon payment of the required fee, License Is hereby granted for the term and purpose stated. / 1L �. POST AT LOCATION LICENSED Mayor NOT TRANSFERABLE -- City 'd Lnistrator NOT VALID UNLESS COUNTERSIGNED CONSPICUOUSLY . . . NV I I RANSFERAE 625 Robert Street North, P.O. Box 64975 AS TO PERSON Environmental Health Division OR PLACE St Paul, Minnesota 55164-0975 (651) 201 -4505 LICENSE NO. FBL -6542 -26274 FOR THE OPERATION OF: License Categories: Alcohol Bar Service, Base Fee, Hospitality Fee, Medium Establishment Fee Paid: $722.50 150 LICENSE PERIOD: January 1, 2010 THRU December 31, 2010 ISSUED TO: ESTABLISHMENT NAME: F.O.E. Aerie 4441 of Hutchinson F.O.E. Aerie 4441 of Hutchinson 1000 Highway 7 West 1000 Hwy 7 West Hutchinson, Minnesota 55350 Hufchinson, Minnesota 55350 County. McLeod License Types: RestauranNPlace of Refreshment ('?(e) serve Fax NOV ax a ion o . 2 NOV-04-2010 THU 01:23 PU Insurance Manners FAX No. 320 581 0808 P. 002 J ?W CERTIFICATE OF LIABILITY INSURANCE DP ID Tw DAYS(MMIOD/ ) ✓ PRAT & -1 11/04110 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Planners ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 201 Main Street South HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 68 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hutchinson MN 55350 GENERAL LIABILITY Phone:320 -587 -2299 Fax:320 -587 -0808 INSURERS AFFORDING COVERAGE NAIC0 INSURED INSURER A'. CAPITOL SPECIALTY INS CO INSURER B COMMERCIAL GENERAL LIABILITY CLAIMS MADE QOCCUR FRATERNAL ORDER OF EAGLES INSURER C: HUTCHINSON AERIE 4441 1000 NY 7 NEST HUTCHINSON MN 55350 INSURER O: 3 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW ITH IYANDING ANY REQUIREMENT, TERM OR CONDITION OR ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIM DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLVSIONS AND CONDITIONS OF SUCH POLICIES, AGOREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR No'lic, TYPEOFINSURANCE POLICYNUMBER DATE MMIDO D T MMID LIMITS GENERAL LIABILITY EACH OCCURRENCE E COMMERCIAL GENERAL LIABILITY CLAIMS MADE QOCCUR PREMISES Ea 41mrwail 3 MED FXP (AAy on. paraen 3 PERSONAL B ADV INJURY f GENERAL AGGREGATE 3 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COAWOP AGO S POLICY PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED DI SINGLE LIMIT S DODAYINJURY (PS. PaNan) S ALL OWNED AUTOS SCHFDULEDAUTOS HIRWAUTOS NON-OWNED AUTOS BODILY (PSI SaIdem) S PROPERTY DAMAGE IPF.acddem) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT f ANYAUTO EA ACC f i AUTO O NLY: LY: AUTO O AGG FXCESSI UMBRELLA LUIPLITY OCCUR F—I CLAIMS MADE EACH OCCVRKNOB f A00REOATE f f 3 DEDUCTIBLE RETENTION 3 f AND EMPLOYERS' LIABILITY yTN ANV PgOPRIETOWPARTNERIEXECUiIVn OFFICERMEEMMBBER EXCLUDED TORY LIIHITE I I ER EL EACH ACCIDENT S (ManIsIm InN) Nysf IIHMI WIN, SPECIAL PROVISIONS boll. E.L. DISEASE EA EMPLOY f EA. DIBEABE - POLICY LIMIT f OTHER A LIQUOR LIAB CS01297993 03/15/10 03/31/11 Ea Occur 500,000 Aggregate 500 000 DESCRIPTION Of OPERATIONS I LOCATIONS /VEHICLES l EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Location Address: 1000 Hwy 7 Nest, Hutchinson, MN 55350. Policy covers all catered events at any location. CITY OF HUTCHINSON 111 HASSAN ST BE HUTCHINSON bN 55350 SHOULD ANY OF THE ABOVE OESCRNED POLICIES BE CANCELLED SEPO NI THE SXPMATON DATETMEREOF, TN EISSUIMGIN SUREMMLLENDEAVORTOMAIL %,Q_ DAYBWR TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAR.URE TO 00 ED SHALL IMPOSE NO OBLIOATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES- AUTHORIZED REPRE ENTATIVE Jeff B Borkenha n.�w.AV........... Iv By o, III r.uawmw ww Ri VT muvnu .... ..... M E M O R A N D U M TO: Jeremy Carter, Finance Director FROM: Dolf Moon, Parks Director D Randy Carter, Parks Maintenance Specialist Re: Parks New Vehicle purchases /trade -ins DATE: Friday, October 29`s, 2010 After a year of analyzing yearly vehicle usage in the parks department and taking into account the downsizing of personnel and the vehicle replacement fund reduction over the past decade, we are looking at ways to maximize the fleet usage to reflect those changes. Staff is proposing a trade in of four (4) older, less functional vehicles and replacing them with two (2) vehicles that suit the department needs better. Also, we would like to trade in our 17' skid steer trailer and replace it with a larger trailer that can accommodate the skid steer plus other attachments and equipment that need to be used at job sites. Trade -in • 1997 Ford F -250 Plow truck • 2000 Chevy S -10 • 2000 Chevy S -10 • 1992 Chevy C 1500 • Tow Master Tilt bed trailer Purchase • New or Used Ford F250 per government pricing • New or Used Ford F150 per government pricing • 22 foot Tow Master Deck Over trailer Reasons • 1997 Ford plow truck is unsafe (cracked frame, rusted off chassis components) • Downsizing of the fleet because the vehicle replacement fund has been reduced over the past several years and several of these vehicles sit 70% of the year causing extra maintenance due to not being used.(frozen brake calipers, cracked tires, dried up seals that leak) • Less use of fuel- more room for tool storage, minimizing road time • Less money will be used out of the repair & maintenance account freeing up dollars that can be used to maximize equipment utilization. (Soil conditioner, turf equipment attachments... etc.) • The trailer will be used for transporting more equipment at once which will result in less fuel consumption, more time on the job site and safer loading conditions. irC-i) CITY OF HUTCHINSON RSSCKREG LOG22001VO Council Check Register 11/9/2010 Check # Ck Date Amount Vendor/ Explanation Account Description 162643 11/9/2010 534.52 ACE HARDWARE TRAVEL SCHOOL CONFERENCE 162644 11/9/2010 2,376.91 ADAMS, STEVEN CONNECTION CHARGES 162645 11/9/2010 956.95 ALEXAIR APPARATUS INC CONTRACT REPAIR & MAINTENANCE 162646 11/9/2010 53 -44 ALPHA WIRELESS COMMUNICATIONS 162647 11/9/2010 536.13 AMERICAN LEGION POST #96 TRAVEL SCHOOL CONFERENCE 162648 11/9/2010 264.53 AMERICAN MESSAGING COMMUNICATIONS 162649 11/9/2010 310.00 AMERICAN WATERWORKS ASSN DUES & SUBSCRIPTIONS 162650 11/9/2010 60.36 AMERIPRIDE LINEN & APPAREL CONTRACT REPAIR & MAINTENANCE 162651 11/9/2010 15,518.25 ANDERSON CHEMICAL COMPANY CHEMICALS & PRODUCTS 162652 11/9/2010 87.09 ARAMARK UNIFORM SERVICE SHOP MATERIALS 162653 11/9/2010 124.73 ARCTIC GLACIER PREMIUM ICE INC COST OF MIX & SOFT DRINKS 162654 11/9/2010 24.16 ARROW TERMINAL LLC EQUIPMENT PARTS 162655 11/9/2010 30.00 ASHBAUGH, JULIE OTHER REVENUES 162656 11/9/2010 1,400.00 ASSESSCO ENVIRONMENTAL SERVICE PROFESSIONAL SERVICES 162657 11/9/2010 70.96 AUTO VALUE - GLENCOE EQUIPMENT PARTS 162658 11/9/2010 1,546.50 B. W. WELDING RECEIVED NOT VOUCHERED 162659 11/9/2010 1,509.93 DECKER ARENA PRODUCTS REPAIR & MAINTENANCE SUPPLIES 162660 11/9/2010 648.31 BELLBOY CORP COST OF MIX & SOFT DRINKS 162661 11/9/2010 365.32 BENNETT MATERIAL HANDLING RECEIVED NOT VOUCHERED 162662 11/9/2010 119.80 BERNICK'S FOOD SERVICE COST OF MIX & SOFT DRINKS 162663 11/9/2010 1,064.50 BLACK HILLS AMMUNITION OPERATING SUPPLIES 162664 11/9/2010 4,800.00 BRYAN STREICH TRUCKING FREIGHT - IN 162665 11/9/2010 59.52 BUFFALO CREEK ENTERPRISES COST OF MIX & SOFT DRINKS 162666 11/9/2010 1,702.00 BUSINESSWARE SOLUTIONS OFFICE SUPPLIES 162667 11/9/2010 61.72 C& J TECHNOLOGY INC EQUIPMENT PARTS 162668 11/9/2010 15,202.50 C & L DISTRIBUTING COST Of SALES -BEER 162669 11/9/2010 259.60 CALIFORNIA CONTRACTORS SUPPLIE REPAIR & MAINTENANCE SUPPLIES 162670 11/9/2010 99.99 CARTER, RANDY UNIFORMS & PERSONAL EQUIP 162671 11/9/2010 479.62 CENTRAL HYDRAULICS EQUIPMENT PARTS 162672 11/9/2010 50.00 CENTRAL LANDSCAPE SUPPLY CASH DISCOUNTS 162673 11/9/2010 586.37 CHAPPELL CENTRAL INC. OTHER CONTRACTUAL 162674 11/9/2010 75.00 CHIPPEWA COUNTY COURT OTHER CONTRACTUAL 162675 11/9/2010 82.72 COFFEE COMPANY OPERATING SUPPLIES 162676 11/9/2010 1,077.83 COLLINS BROTHERS COST OF SALES- LIQUOR 162677 11/9/2010 502.25 COMDATA CORPORATION MISCELLANEOUS 162678 11/9/2010 239.43 COREY, NICHOLLE TRAVEL SCHOOL CONFERENCE 162679 11/9/2010 348.50 CORNER POST EROSION CONTROL CONTRACT REPAIR & MAINTENANCE 162680 11/9/2010 533.33 CRAIG, MIKE TRAVEL SCHOOL CONFERENCE 162681 11/9/2010 115.31 CROW RIVER AUTO & TRUCK REPAIR CENTRAL GARAGE REPAIR 162682 11/9/2010 49.16 CROW RIVER FLORAL & GIFTS MISCELLANEOUS 162683 11/9/2010 403.63 CROW RIVER SIGNS CENTRAL GARAGE REPAIR 162684 11/9/20101 2,203.06 CUMMINS NPOWER, LLC OTHER CONTRACTUAL 162685 11/9/2010 1,815.25 DAY DISTRIBUTING COST OF SALES -BEER 162686 11/9/2010 187.50 DIGITAL ALLY, INC OPERATING SUPPLIES 162687 11/9/2010 1,532.88 DPC INDUSTRIES INC CHEMICALS & PRODUCTS 162688 11/9/2010 17.55 DROP -N -GO SHIPPING, INC COMMUNICATIONS 162689 11/9/2010 771.97 DYNA SYSTEMS STREET MAINT.MATERIALS 162690 11/9/2010 1,488.74 E2 ELECTRICAL SERVICES INC RECEIVED NOT VOUCHERED 162691 11/912010 11.74 EBERT,PAT TRAVEL SCHOOL CONFERENCE 162692 11/9/2010 125.04 ECOLAB PEST ELIM RECEIVED NOT VOUCHERED 162693 11/912010 274.77 ELECTRIC MOTOR CO REPAIR & MAINTENANCE SUPPLIES 162694 11/9/2010 1,115.32 ELECTRO WATCHMAN CONTRACT REPAIR & MAINTENANCE 162695 11/9/2010 440.83 EMANS, BRAD TRAVEL SCHOOL CONFERENCE 162696 11/9/2010 69.00 ENR DUES & SUBSCRIPTIONS 162697 11/9/2010 179.19 EPIC PRODUCTS INC COST OF MIX & SOFT DRINKS 162698 11/9/2010 200.00 FAEGRE & BENSON LLP NON - INTOXICATING BEVERAGE LICE 162699 11/9/2010 133.59 FARM -RITE EQUIPMENT RENTALS 162700 1119/2010 353.71 FARMER BROTHERS COFFEE OPERATING SUPPLIES 162701 11/9/2010 73.00 FIRE SAFETY USA, INC SMALL TOOLS 162702 11/9/2010 38.00 FIRST CHOICE FOOD & BEVERAGE S OFFICE SUPPLIES 162703 11/9/2010 209.40 FOREST EDGE WINERY COST OF SALES -WINE 162704 11/9/2010 471.54 G & K SERVICES OPERATING SUPPLIES 162705 11/9/2010 1,543.88 GARTNER REFRIGERATION & MFG, I CONTRACT REPAIR & MAINTENANCE 162706 11/912010 8,000.00 GAUGER, LARRY HOUSING REHAB LOANS 162707 11/9/2010 33.27 GOODIN COMPANY EQUIPMENT PARTS 162708 11/9/2010 540.00 GOVERNMENT TRAINING SERVICES TRAVEL SCHOOL CONFERENCE 162709 11/9/2010 197.72 GRANIT BRONZ IMPROV OTHER THAN BLDGS 162710 11/9/2010 9,330.00 GRIDOR CONSTRUCTION CONTRACT REPAIR & MAINTENANCE 162711 11/9/2010 16.57 HAGER JEWELRY INC. OPERATING SUPPLIES 162712 11/9/2010 441.00 HANSEN DIST OF SLEEPY EYE COST OF SALES -BEER 162713 11/9/2010 113.34 HARPER BROOMS EQUIPMENT PARTS 162714 11/9/2010 194.00 HART'S AUTO SUPPLY CENTRAL GARAGE REPAIR 162715 11/9/2010 309.20 HILLYARD /HUTCHINSON CLEANING SUPPLIES 162716 11/9/2010 337.00 HINTERLAND VINEYARDS COST OF SALES -WINE 162717 11/9/2010 209.00 HJERPE CONTRACTING CONTRACT REPAIR & MAINTENANCE 162718 11/9/2010 300.00 HRA HRA TRANSFER 162719 11/9/2010 10.69 HUTCH AUTO & TRUCK PARTS CENTRAL GARAGE REPAIR 162720 11/9/2010 2,144.00 HUTCHINSON AREA HEALTH CARE COMMON AREA MAINTENANCE 162721 11/9/2010 472.12 HUTCHINSON CO -OP MOTOR FUELS & LUBRICANTS 162722 11/9/2010 275.00 HUTCHINSON PUBLIC SCHOOLS CONDITIONAL USE PERMITS 162723 11/9/2010 1,140.00 HUTCHINSON UNITED SOCCER ASSN. RECREATION ACTIVITY FEES 162724 11/9/2010 84,258.74 HUTCHINSON UTILITIES UTILITIES 162725 11/9/2010 292.02 HUTCHINSON WHOLESALE REPAIR & MAINTENANCE SUPPLIES 162726 11/9/2010 13,500.00 HUTCHINSON YOUTH BASKETBALL AS RECREATION ACTIVITY FEES 162727 11/9/2010 1,540.00 HUTCHINSON YOUTH VOLLEYBALL AS RECREATION ACTIVITY FEES 162728 11/9/2010 3,000.00 HUTCHINSON, CITY OF MISCELLANEOUS 162729 11/9/2010 2,205.00 INFRATECH OTHER CONTRACTUAL 162730 11/9/2010 474.12 INTERSTATE ALL BATTERY CENTER OPERATING SUPPLIES 162731 11/9/2010 483.64 INTERSTATE BATTERY SYSTEM MINN REPAIR & MAINTENANCE SUPPLIES 162732 11/9/2010 101.531NTOXIMETERS INC OPERATING SUPPLIES 162733 11/9/2010 357.58 JACK'S UNIFORMS & EQUIPMENT UNIFORMS & PERSONAL EQUIP 162734 11/9/2010 11314 JEFF MEEHAN SALES INC. ACCURED COMMISSIONS PAYABLE 162735 11/9/2010 315.00 JOANIE'S CATERING RENTS - BLDGS OTHER 162736 11/9/2010 15,598.52 JOHNSON BROTHERS LIQUOR CO. COST OF SALES- LIQUOR 162737 11/9/2010 20.00 JOHNSON, JENNIFER RECREATION ACTIVITY FEES 162738 11/9/2010 200.00 JORDAHL, JIM OPERATING SUPPLIES 162739 11/9/2010 4,447.70 JUUL CONTRACTING CO CONTRACT REPAIR & MAINTENANCE LIZ 162740 1119/2010 475.00 KAHL, DENNIS OTHER CONTRACTUAL 162741 11/9/2010 916.00 KINNEY &LANGE PROFESSIONAL SERVICES 162742 11/9/2010 435.00 KRISTICO, INC FREIGHT 162743 11/9/2010 52.10 L & P SUPPLY CO EQUIPMENT PARTS 162744 11/9/2010 225.00 LARSON CATERING RENTS - BLOGS OTHER 162745 11/9/2010 14,312.00 LEAGUE OF MN CITIES -INS TRUST GENL LIAR.- INSURANCE 162746 11/9/20101 832.31 LIFE INSURANCE COMPANY OF AMER EMPL.HEALTH & INS. BENEFIT 162747 11/9/2010 70.88 LITIN PAPER COMPANY RECEIVED NOT VOUCHERED 162748 11/9/2010 424.00 LITTLE CROW ARCHERY CLUB OPERATING SUPPLIES 162749 11/9/2010 17,883.75 LOCHER BROTHERS INC COST OF SALES -BEER 162750 11/9/2010 35,674.23 LOGIS MACHINERY & EQUIPMENT 162751 11/9/2010 150.00 MADINA HOSPITALITY GROUP LLC MEETINGS 162752 11/9/2010 108.40 MCCARNEY, THOMAS BUILDING PERMITS 162753 11/9/2010 46.00 MCGRAW, MEGAN OTHER REVENUES 162754 11/9/2010 800.00 MCLEOD COOP POWER ASSN CONTRIBUTIONS & DONATIONS 162755 11/9/2010 65.00 MCLEOD COUNTY ABSTRACT &TITL PROFESSIONAL SERVICES 162756 11/9/2010 5,388.69 MCLEOD COUNTY AUDITOR - TREASURE IMPROV OTHER THAN BLOGS 162757 11/9/2010 20.10 MCLEOD COUNTY SOLID WASTE MANA REFUSE - RECYCLING 162758 11/9/2010 45.50 MEHR, BRIAN TRAVEL SCHOOL CONFERENCE 162759 11/9/2010 342.02 MENARDS HUTCHINSON OPERATING SUPPLIES 162760 11/9/2010 239.52 MILLNER HERITAGE VINEYARD & WI COST OF SALES -WINE 162761 11/9/2010 400.00 MINNESOTA DEPT OF AGRICULTURE DUES & SUBSCRIPTIONS 162762 11/9/2010 20.00 MINNESOTA DEPT OF PUBLIC SAFET DUES & SUBSCRIPTIONS 162763 11/9/2010 225.00 MINNESOTA FIRE SERVICE CERTIF TRAVEL SCHOOL CONFERENCE 162764 11/9/2010 56.45 MINNESOTA SHREDDING CONTRACT REPAIR & MAINTENANCE 162765 11/9/2010 2,847.88 MINNESOTA UNEMPLOYMENT INSURAN UNEMPLOYMENT INSURANCE 162766 11/9/2010 3,760.80 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL 162767 11/9/2010 200.00 MN FALL MAINTENANCE EXPO TRAVEL SCHOOL CONFERENCE 162768 11/9/2010 141.99 MOORE, ERIC LICENSES & TAXES 162769 11/9/2010 125.00 MOYER, CYNTHIA OPERATING SUPPLIES 162770 11/9/2010 29.95 NAGEL, JOSEPH OPERATING SUPPLIES 162771 11/9/2010 40.00 NAGY, RICHARD TRAVEL SCHOOL CONFERENCE 162772 11/9/20101 1,984.621 NASH FINCH COMPANY lCONTRACT REPAIR & MAINTENANCE 162773 11/9/20101 607.63 NORTHERN BUSINESS PRODUCTS 1OFFICE SUPPLIES 162774 11/9/2010 100.00 NORTHERN COLLABORATIVE TECHNOL COMMUNICATIONS 162775 11/9/2010 163.67 NORTHERN SAFETY & INDUSTRIAL RECEIVED NOT VOUCHERED 162776 11/9/2010 117.56 NORTHERN STATES SUPPLY INC EQUIPMENT PARTS 162777 11/9/2010 4,060.94 NU- TELECOM COMMUNICATIONS 162778 11/9/2010 48.18 OFFICE DEPOT OFFICE SUPPLIES 162779 11/9/2010 152.35 OFFICE OF ENTERPRISE TECHNOLOG COMMUNICATIONS 162780 11/9/2010 1,588.36 OLD DOMINION BRUSH EQUIPMENT PARTS 162781 11/9/2010 28.19 OLSON'S LOCKSMITH REPAIR & MAINTENANCE SUPPLIES 162782 11/9/2010 155.00 OLSON, JULIE RENTS -BLDGS OTHER 162783 11/9/2010 550.00 OSTLUND SUPPLY FREIGHT 162784 11/9/2010 200.00 PEARCE,GREG PROFESSIONAL SERVICES 162785 11/9/2010 160.00 PELLINEN LAND SURVEYING PROFESSIONAL SERVICES 162786 11/9/2010 2736 PENKE, JACKIE OPERATING SUPPLIES 162787 11/9/2010 18,183.66 PHILLIPS WINE & SPIRITS COST OF SALES- LIQUOR 162788 11/9/2010 149.00 PLOTZ, GARY D TRAVEL SCHOOL CONFERENCE 162789 11/9/2010 85.29 PLUNKETT'S CONTRACT REPAIR & MAINTENANCE 162790 11/9/2010 665.64 POPP, JIM MOTOR FUELS & LUBRICANTS 162791 11/9/2010 34.65 POSITIVE ID INC MISCELLANEOUS 162792 11/9/2010 1,720.00 POSTMASTER POSTAGE 162793 11/9/2010 410.95 PRO AUTO & TRANSMISSION REPAIR CENTRAL GARAGE REPAIR 162794 11/9/2010 1,333.80 PRO CARE SERVICES INC CONTRACT REPAIR & MAINTENANCE 162795 11/9/2010 5, 369.00 PROFESSIONAL WATER TECHN0L0GIE CHEMICALS & PRODUCTS 162796 11/9/2010 59.31 QUADE ELECTRIC OPERATING SUPPLIES 162797 11/9/2010 2,000.00 QUALITY CONTROL & INTEGRATION PROFESSIONAL SERVICES 162798 11/9/2010 7,303.28 QUALITY FLOW SYSTEMS REPAIR & MAINTENANCE SUPPLIES 162799 11/9/2010 21,658.53 QUALITY WINE & SPIRITS CO. COST OF SALES -WINE 162800 11/9/2010 144.99 R & R SPECIALTIES INC EQUIPMENT PARTS 162801 11/9/2010 1,378.69 RDO EQUIPMENT CO. CENTRAL GARAGE REPAIR 162802 11/9/2010 30,292.43 REINER CONTRACTING IMPROV OTHER THAN BLDGS 162803 11/9/2010 8,670.00 REINER ENTERPRISES, INC FREIGHT - IN 162804 11/9/2010 107.32 RENVILLE SIBLEY SANITATION OTHER LICENSES 162805 11/9/2010 400.58 R0YAL TIRE RECEIVED NOT VOUCHERED 162806 11/9/2010 269.83 RUNNING'S SUPPLY OPERATING SUPPLIES 162807 11/9/2010 10,835.00 SCHIMMEL CONSTRUCTION LLC HOUSING REHAB LOANS 162808 11/9/2010 72.35 SCHMELING OIL CO MOTOR FUELS & LUBRICANTS 162809 11/9/2010 30.90 SCHNOBRICH, MARK TRAVEL SCHOOL CONFERENCE 162810 11/9/2010 12,152.28 SCHOOL DIST # 423 OTHER REVENUES 162811 11/9/2010 1,000.00 SCHWARZROCK, AMY TRAVEL SCHOOL CONFERENCE 162812 11/9/2010 64.20 SCOTT'S WINDOW CLEANING SERVIC CONTRACT REPAIR & MAINTENANCE 162813 11/9/2010 1,134.60 SENTRY FIRE PROTECTION INC SAFETY SUPPLIES 162814 11/9/2010 124.52 SEPPELT, MILES CAR ALLOWANCE - TRAVEL 162815 11/9/2010 439.45 SHARE CORP CHEMICALS & PRODUCTS 162816 11/9/2010 125.00 SHAW, KAREN PROFESSIONAL SERVICES 162817 11/9/2010 41.64 SIMONSON LUMBER CO REPAIR & MAINTENANCE SUPPLIES 162818 11/9/2010 900.00 SOIL CONTROL LAB RECEIVED NOT VOUCHERED 162819 11/9/2010 403.60 SPRINT COMMUNICATIONS 162820 11/9/2010 150.00 SR. ADVISORY BOARD RENTS -BLDGS OTHER 162821 11/9/2010 655.98 STAPLES ADVANTAGE OFFICE SUPPLIES 162822 11/9/2010 2,362.31 STONE, SUSAN COMMUNICATIONS 162823 11/9/2010 414.76 STOTTS, CASEY TRAVEL SCHOOL CONFERENCE 162824 11/9/2010 25.01 SUBWAY WEST OPERATING SUPPLIES 162825 11/9/2010 1,800.00 SUNCOAST GARDEN PRODUCTS, INC. 162826 11/9/2010 1,646.00 THE HARTFORD EMPL.HEALTH & INS. BENEFIT 162827 11/9/2010 626.27 TRICO TCWIND, INC EQUIPMENT PARTS 162828 11/9/2010 165.68 TRUE FABRICATIONS COST OF MIX & SOFT DRINKS 162829 11/9/2010 3,848.00 TWIN CITY PALLETS INC. RECEIVED NOT VOUCHERED 162830 11/9/2010 2,105.53 TWO JOES HUTCHINSON INC. INTOXICATING BEVERAGE LICENSE 162831 11/9/2010 2,790.99 TWO WAY COMMUNICATIONS INC CENTRAL GARAGE REPAIR 162832 11/9/2010 1,017.92 UNIFORM & ACCESORIES WAREHOUSE SMALL TOOLS 162833 11/9/2010 109.00 UNIVERSITY OF MINNESOTA TRAVEL SCHOOL CONFERENCE 162834 11/9/2010 225.00 UNIVERSITY OF MINNESOTA TRAVEL SCHOOL CONFERENCE 162835 11/9/2010 1,125.26 USPS - HASLER POSTAGE 162836 11/9/2010 10,243.90 VIKING BEER COST OF SALES -BEER 162837 11/9/2010 231.30 VIKING COCA COLA COST OF MIX & SOFT DRINKS 162838 11/9/2010 290.00 VIKING SIGN & GRAPHICS INC CENTRAL GARAGE REPAIR 162839 11/9/20101 109.50 VINOCOPIA INC COST OF SALES- LIQUOR 162840 11/9/2010 95.63 WAL -MART COMMUNITY OPERATING SUPPLIES 162841 11/9/2010 119.00 WASTE & RECYCLING NEWS DUES & SUBSCRIPTIONS 162842 11/9/2010 7,377.16 WASTE MANAGEMENT OF WI -MN REFUSE - LANDFILL CHARGES 162843 11/9/2010 36,574.09 WASTE MANAGEMENT- WINSTED REFUSE - HAULING 162844 11/9/2010 40.43 WEIS, MARK OPERATING SUPPLIES 162845 11/9/2010 833.33 WELLS FARGO INSURANCE SERVICES PROFESSIONAL SERVICES 162846 11/9/2010 3,000.00 WETHERELL, GARY & MARY ANN REFUNDS & REIMBURSEMENTS 162847 11/9/2010 628.25 WINE MERCHANTS INC COST OF SALES -WINE 162848 11/9/2010 12,607.07 WIRTZ BEVERAGE MINNESOTA COST OF SALES -WINE 162849 11/9/2010 2,625.00 WM MUELLER & SONS CONTRACT REPAIR & MAINTENANCE 162850 11/9/2010 375.00 WM MUELLER &SONS RECEIVED NOT VOUCHERED 162851 11/9/2010 1,228.50 WM MUELLER & SONS CONTRACT REPAIR & MAINTENANCE 162852 11/9/2010 5,828.36 WOODUNE SAWMILLS, INC. RECEIVED NOT VOUCHERED 162853 11/912010 4,362.53 WORK CONNECTION, THE OTHER CONTRACTUAL 162854 11/9/2010 30.00 WRIGHT,JIA OTHER REVENUES 162855 11/9/2010 779.38 XEROX CORP COPY MACHINE 162856 11/9/2010 544.43 ZEP MANUFACTURING CO EQUIPMENT PARTS 162857 11/9/2010 76.61 AMERICAN FAMILY INS CO. ACCRUED LIFE INSURANCE 162858 11/9/2010 500.79 H.A.R.T. ACCRUED DEFERRED COMP 162859 11/9/2010 496.00 NCPERS LIFE INS. ACCRUED LIFE INSURANCE 550,478.12 Grand Total Payment Instrument Totals Check Total 1 550,478.12 Total Paymen 550,478.12 $54,145.04 $10,405.12 $38,244.03 $4,802.45 $400.00 $1,339.60 $2,026.15 $693.58 $112,055.97 PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 11/5/2010 Period Ending Date: 10/30/2010 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare MN Department of Revenue State Withholding Tax Public Employee Retirement Association Employee /Employer PERA/DCP Contributions TASC Employee Flex Spending Deductions MNDCP Employee Contributions - Deferred Comp ING Employee Contributions - Deferred Comp ICMA Retirement Trust Employee Contributions - Deferred Comp MN Child Support System Employee Deductions Total Electronic Funds Transfer PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 10/22/2010 Handwritten Check Period Ending Date: 10/16/2010 $496.10 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $78.10 MN Department of Revenue State Withholding Tax $574.20 Total Electronic Funds Transfer III Hassan Street Southeast Hutchinson, MN 55350 (320)587-515] /Fax: (320) 234 -4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Application T e Short Term Date(s) (,2— /(j Fee: $30.00 Month/D /Year — Month/D /Year Or anization Information 4nJ 4si1} 14 +Tric"-IC y - 5 sQ- Gas �1 Name Phone Number � '--S 6L) L&0 L�,E ' All S a�C3 Address where regular meeting are held City State zip Day and time of meetings? 11171 ���5 /� f}� /F 11&14 r14 `�' G!'l "elm Is this organization organized under the laws of the State of Minnesota? 'dyes ❑ no How long has the organization been in existence? � ' -t, How may members in the organization? fJCli t What is the purpose of the organization? In whose whose custody will organization records be kept? L o icl --� 0- 0 -! � � / -- 6 7 Name Number &166 L�irc 5� iu �nPhone ��GI1 I l,�" I l y Address State zip Information �r /& /-&(-- A/ .3 Residence Address Phone Number State zip Date of Birth: 0 (-17 / 4-1 ,j Place of Birth: ZL4 Z/y Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes /R no If yes, explain: City of Hutchinson I pplicanon for Bingo Gambling Devices License Page 2 of 3 Desi Hated Gamblin g Mana er uali ied under Minnesota Statute 329) o %l u� ?3v- s8'7 -�sd7 True Name Phone Number Residence Address City State Zip Date of Birth: / /3 / Place of Birth: St A,, 'jjsV Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes Jd' no If yes, explain: How long have you been a member of the organization? S Game Information Locati n #1 Name of location where game will be played Phone Number �%!�0 G- ,ter_ -. �� s �y /�ircr��;y:��1 _ ,✓ � .mss �' Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: % 2 —% (p— /G1 thrm%,tr AM AM Hours of the day gambling devices will be used: From To G''O (1SM °j Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ,merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes 39`no If yes, will a charge be made for such refreshments? ❑ yes 9no Game Information Location 42 Name of location where game will be played Phone Number Address of location where game will be played City State -..... Zip Date(s) and /or day(s) gambling devices will be used: - - _ through AM AM Hours of the day gambling devices will be used: From pM To PM Maximum number of player: - Wi11 prizes be paid- io-money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no names on n G�G'.Q i r'7 •�. Name Title Residence Address City State Zip Name Residence Address Title City Slate Zip City of Humhinson Applicalion for Bingo Gambling Devices License Page 3 of 3 Name Residence Address Officers or Other Persons Paid for Services Name Residence Address City Name Residence Address Residence Address Title State names on s Title State Zip Title City State Zap Title State Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? i Gambling Manager ayes El no L� Authorized Officer Ayes ❑ no Initial Initial 1 declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof, organization Signature ofgambling manager of organization City Council ❑ approved ❑ denied Notes: Date Date �' ( k) r] PPP- SOUTHWEST INMAIWE FOUNDATION A Rural Min mmna Community Foundation SWIF IN HUTCHINSON FY 10 (7/1/09 — 6130/ 1 O) NATIONAL STANDARDS Confirmed in Compliance with National Standards for U.S. Community Foundations --Ad FOUNDATION FACTS • A regional community foundation serving the 18 counties of southwest Minnesota - 156 communities and 286,449 people - 12,340 square miles • Established in 1986 in partnership with The McKnight Foundation • Mission is to be a catalyst, facilitating opportunities for economic and social growth by developing and challenging leaders to build on the region's assets. swm Kandiyahi M1leekee Ix qui pads ChiVD�w+ �n�ifle W Yetlow M1lediane I� —J " L—nin iy„n rt<d.bod pip. L tlnn! rA—Y Coiwnwea Rock NOW. Lak,on I #WMZN�) BOARD OF DIRECTORS Executive Committee Sandy Ludeman V., Chairperson William (Bill) McCormack, Sanmarbo Farms, Inc. Vice Chairperson Tracy, MN Retired, The Schwan Food Company Marshall, MN Wm UA4 Gary Geiger, Secretary Rob Saunders, Treasurer Wayne Freese, Past Chairperson Retired, Heritage Bank Saunders Mertens Schmitz, P.A., Prairie Holdings Group Willmar, MN Certified Public Accountants Worthington, MN Bird Island, MN 0RUMUION BOARD OF DIRECTORS rA Marcy Costello Rick Ellingworth Jim Keul Business Owner Redwood Falls School District Page 1 Printers Lakefield, MN Redwood Falls, MN Slayton, MN Connie VanDerBill Medin Janice Nelson H. Cris Remucal, M.D. Robert Thurston Retired Kandiyohi County Nelson Oyen Torvik, Hutchinson Area Health Care Thurston Genetics Family Services, farmer, Attorneys At Law and Olivia, MN volunteer Montevideo, MN Hutchinson Medical Center Spicer, MN Hutchinson, MN 7 El sarniunsrm�nnnve FOUNDATION SOUTHWEST INITIATIVE FOUNDATION NET ASSETS Total = $47.8 million o General Endowment $4.3 58.8 $23.9 ■ Economic Advancement ■ Community & Designated Fund Assets (Including Aging Trust Fund) ■ Other (Programs, Board - $10.8 - designated for CF Match, ($ in millions) Unrestricted/Operating Dollars, etc.) As of 6130110 MISSION IN ACTION: SWIF INITIATIVES GUIDED BY A FIVE YEAR (2007-2011) STRATEGIC PLAN SWIF has targeted its grant and loan resources, as well as staff time and expertise, around several key initiatives involving: • Economic Advancement • Community and Leadership Development • Building Regional Capacity • Philanthropy 3 ECONOMIC ADVANCEMENT • Renewable Energy Initiative • Entrepreneurship Initiative • Microenterprise Loan Program • Gap Financing Loan Programs CENTER OF RURAL ENTREPRENEURSHIP M _� ENTREPRENEURSHIP 6_a+ a.d bey-d'. b vNtss A local YESI team diligently working on an energy project. * YOUTH ENERGY SUMMIT Hutchinson FFA YES! — Developed major project titled "Collecting Others Muck; Producing Our School's Tomorrow (COMPOST)," with the goal to reduce meal -time garbage at Hutchinson High School by 50 %; worked closely with Creekside Composting Facility to plan the project — Surveyed students and teachers about composting awareness, created materials for a community -wide composting marketing campaign, including public service announcements, radio ads, t- shirts, posters and bumper stickers 11 V__J CENTER OF RURAL ENTREPRENEURSHIP M _� ENTREPRENEURSHIP 6_a+ a.d bey-d'. b vNtss A local YESI team diligently working on an energy project. * YOUTH ENERGY SUMMIT Hutchinson FFA YES! — Developed major project titled "Collecting Others Muck; Producing Our School's Tomorrow (COMPOST)," with the goal to reduce meal -time garbage at Hutchinson High School by 50 %; worked closely with Creekside Composting Facility to plan the project — Surveyed students and teachers about composting awareness, created materials for a community -wide composting marketing campaign, including public service announcements, radio ads, t- shirts, posters and bumper stickers 11 xxm STm^ COMMUNITY AND LEADERSHIP I'OUNDATION DEVELOPMENT Minnesota Early Childhood and Thrive Initiatives 14 Regional Coalitions • Kerkhoven- Murdock - Sunburg School District Litchfield • Marshall — Completed partnership Montevideo • Mountain Lake • Murray County • Ortonville • Redwood Area • Rock County Wabasso Willmar Windom • Worthington McLeod County Thrive Action Team A mother and her son at the annual Willmar ECI Fire Station event. THRIVE INITIATIVE • McLeod County Thrive — Provided training to county -wide Emergency Medical Services (EMS), fire department, law enforcement, clergy and other personnel on assisting very young children experiencing traumatic situations — Assisted additional local individuals to secure Six Keys for Children's Mental Health trainer certifications to enable more local providers to participate in training 5 BUILDING REGIONAL CAPACITY • Working with business leaders to build the region's capacity for social and economic success — Southern Minnesota Regional Competitiveness Partnership with Southern Minnesota Initiative Foundation — Convergence of Biology, Agriculture and Key Business Leaders — Leading By Example — Premier Business Leadership Event • Nonprofit Leader's Academy launched to promote building leadership skills from the inside out 5Otl H IFJ MINNESOTA COMPETITIVENESS PARTNERSHIP v � PHILANTHROPY Impact of Community and Designated Funds • More than 90 fund partnerships throughout the region • Nearly $6.4 million has been raised by these local funds; more than $3.3 million of those dollars are endowed • More than $2.1 million has been granted to local projects through these funds As of 3131110 6 LOCAL FUND SNAPSHOT Hutchinson Community Foundation (HCF) - awarded $25,129 toward various projects, including $19,493 toward the Kay Peterson Memorial Mural in downtown Hutchinson and $2,136 to support replacement of playground structure in Riverside Park. HCF also received a $1,350 matching challenge grant from SWIF to support immediate grantmaking needs. Local advisory board members include: - Jonathon Block, Treasurer - Matt McMillan - Dan Honsey, Chair - Marlin Torgerson - Mary Inglis, Chair - Tim Ulrich - Jeri Lueneberg - Dave Westlund - Marcus Max - Joanne Willmert, Secretary - Ronald McGraw SWIF'S 225-YEAR ANNIVERSARY • Created in response to 1980s economic crisis to provide financial resources, creative leadership and hope for a brighter future, SWIF has been impacting communities, businesses, organizations and families in southwest Minnesota since 1986 Since inception, SWIF has: — Granted more than $21 million to 2,700 nonprofits, schools and agencies with like- minded initiatives — Loaned nearly $32 million to more than 500 businesses looking to start up or expand, creating or retaining nearly 8,000 jobs in the process • Celebrations — County Receptions — Visiting all 18 counties to celebrate locally — Regional Banquet — May 20, 2011 • Celebrating southwest Minnesota over the last 25 years • Awards — In addition to the Southwest Initiative Foundation Award, awards will be presented to regional recipients for excellence in Leadership, Innovation, Collaboration and Philanthropic Spirit 7 5(1lfl}Ri'LCTQJIIlAl1VE FOUNDATION VISIT US! • Online at www.swifoundation.org • In Hutchinson at 15 3rd Avenue NW (Office at the intersection of Highways 7 and 15) • Or call 1- 800 - 594 -9480 or 320 - 587 -4848 FOUNDATION STAFF Diana Anderson, Chief Operating Officer Garrett Backes, Development and Communications Specialist Berny Berger, Microenterprise Program Coordinator Deb Berggren, Accounting Specialist Sara Carlson, Program Officer Jessica Eastling, Receptionist/Gift Processer Nancy Fasching, Grants Officer Cheryl Glaeser, Program Officer Karen Grasmon, Communications Officer Nancy Kaping, Executive Assistant Brad Kramer, Program Specialist Liz Maiers, Development Officer Scott Marquardt, Sr. Program Officer Janet Menton, Loan Servicing Specialist Margie Nelsen, Accountant Sherry Ristau, President/CEO Marsha Schiro, Community Resource Assistant Kurt Thompson, Microenterprise Program Officer Jackie Turner- Lovsness, Program Specialist Amy Woitalewicz, Business Finance Officer i -SOCnl -RXTST INHIA114T. FOUNDATION 15 3rd Avenue NW Hutchinson, MN 55350 1- 800 - 594 -9480 or 320 - 587 -4848 www.swifoundation.org Current focus areas include: Economic advancement Leadership and community development Building regional capacity Philanthropy To date, SWIF has: • Contributed more than $51 million through its grant and loan programs • Helped more than 495 businesses start or expand • Created or retained more than 7,600 jobs • Established 14 Early Childhood Initiative Coalitions • Established 29 Youth Energy Summit (YESO teams • Established 21 community foundations and more than 70 designated funds • Yielded a 268 percent real -money return on every dollar invested to southwest Minnesota communities NATIONAL STANDARDS'" Confirmed in Compliance with National Standards for U.S. Community Foundations Since 1986, the Southwest Initiative Foundation (SWIF) has been making a positive impact on each of the 18 counties in southwest Minnesota. Here are some examples ofSWIF's recent impact on McLeod County. (July 1, 2009, -June 30, 2010, unless otherwise noted) Initiatives and partnerships • McLeod County Thrive Initiative • Hutchinson FFA Youth Energy Summit (YES!) supported with $2,750 toward their energy action project • Community and designated funds • Buffalo Lake - Hector - Stewart Public School Foundation Fund • Carol M. Ulrich Haukos Memorial Advised Endowment Fund • Hutchinson Community Foundation, which received a $1,350 matching challenge grant • Hutchinson Hospice Endowment Fund • Hutchinson Independent School District #423 Foundation Fund • Minnesota Educators of the Gifted and Talented (MEGT) Fund • People Helping People Nursing Scholarship Endowment Fund Education and assistance • SWIF fund partner session in Hutchinson attended by more than 20 community foundation and designated fund partners • Monthly entrepreneur education opportunities offered at no charge to participants in Hutchinson • Nonprofit Leader's Academy, launched to promote building leadership skills from the inside out, attended by: • Kids Inc. Child Care /Crown Family Center, Hutchinson • Hutchinson Area Health Care Foundation, Hutchinson Loans (as ofApril 30,20 10) Since inception, SWIF has awarded 63 loans totaling $2,416,970 to businesses in McLeod County. Recent examples: • Plum Creek Retreat Center, Hutchinson • Full throttle Services, LLC, Glencoe Grants (as ofApril 30,20 10) Since inception, SWIF has awarded 188 grants totaling $1,341,338 to benefit McLeod County. Recent examples: • Awarded matching challenge grant to Hutchinson Community Foundation to fulfill immediate granhnaking needs • With assets from the Hutchinson Community Foundation, grant awarded to Hutchinson Leadership Institute to support program's community projects (2008) Connections • H. Cris Remucal, M.D., of Hutchinson serves on SWIF Board of Directors • Valspar's Minnesota Beautiful "Picture It Painted" project - Historic Hutchinson Continued on reverse. Mission: To be a catalyst, facilitating opportunities for economic and social growth by developing and challenging leaders to build on the region's assets. =b- FOUNDATION Hutchinson FFA YES! was among those in attendance at the YES! Winter Workshop in Willmar. SWIF provides opportunities to equip all southwest Minnesota adults with knowledge and tools to help our youngest citizens learn, love and thrive. SWIF educates southwest Minnesota on opportunities the renewable energy industry presents to retain local wealth. McLeod County Continued from reverse. Regional projects and events • "Leading By Example II: Boomers to Rockstars" leadership conference attended by more than 220 regional business, community and organizational leaders • Southern Minnesota Regional Competitiveness Project - Partnered with several regional entities across southern Minnesota to build a strategic economic development plan focused on key assets • Bio -Ag Business Leader Forums - Convened a small group of key business leaders around the potential economic opportunities related to the convergence of biology and agriculture • YES! kick -off event and career fair hosted at Southwest Minnesota State University in Marshall Mission: To be a catalyst, facilitating opportunities for economic and social growth by developing and challenging leaders to build on the region's assets. SNOW EMERGENCY INFORMATION The City of Hutchinson implemented a snow emergency ordinance in 2010. A snow emergency may include significant snow fall, severe drifting and/or freezing rain. City officials will declare a snow emergency by 4:00 p.m. Notifications will be made to local media outlets (KDUZ/KARP, HCVN, Hutchinson Leader website) and will also be posted on the City's website at www.ci.hutchinson.mn.us. A telephone message will also be available to check if a snow emergency is in effect by calling 320 - 234 -5699. The snow emergency will begin at 12:00 midnight. There is no parking allowed on streets and alleyways between 12:00 midnight and 7:00 a.m. A follow -up emergency may be declared, depending on conditions, so be sure to check to see if snow emergencies are in effect on consecutive days. In the downtown area and in some other areas, existing parking restrictions will remain in effect and will be enforced. During a snow emergency, police officers are authorized to have a motor vehicle parked in violation of the ordinance removed at the owner's expense. Automatic Message Alert System The City of Hutchinson uses a service designed to deliver Snow Emergency Information to residents. This service, created and managed by Nixie, LLC delivers important neighborhood -level public safety and community event notifications including Snow Emergency Alerts by web, e-mail, and cell phone (via text messages) in a simple, trusted format at no cost to the resident or subscriber. Residents of Hutchinson can now take advantage of Nixie! Register now and learn more at www.nixle.com. Then share this new service with friends and neighbors to spread the word! Residents can also sign up for Snow Emergency alerts by going to www.ci.hutchinson.mn.us and look for the Snow Emergency information link towards the bottom of the home page. On the Snow Emergency page you will find a link to www.nixle.com to sign up for the service. The Snow Emergency Information page will provide you with additional information about the ordinance. g(b) Memorandum TO: Mayor and City Council FROM: Brenda K. Ewiman Resources Director RE: Consideration of "Revised" Job Evaluation /Compensation Study Project DATE: November 2, 2010 In August 2010, the City Council directed staff to seek and obtain a minimum of two bids for professional services for the completion of a job evaluation and compensation study for the City of Hutchinson. A bid proposal was solicited and bids were received from three consultant firms. The low bid for the full project proposed was $13,500, and staff recommended accepting the low bid to employ the services of Laumeyer Human Resource Solutions. This recommendation was brought to the Council on September 14, 2010, for consideration. Acceptance of the bid was, subsequently, not approved by the Council. Subsequent input from respective Council members indicates a further need to consider updating the plan, rather than doing it on a piecemeal basis in each of future years. Staff has been in contact with the low bid consultant to determine if a reduced or revised valid study could be completed and at what cost. The consultant agreed to consider our request and offered the following study options and respective costs: Study Component Original Quotation Revised Quotation 1 Revised Quotation 2 Employee Interviews $900.00 $900.00 $900.00 Job Point Factor Analysis $900.00 $900.00 $900.00 FLSA Review $800.00 $800.00 $800.00 Pay Equity Review $600.00 $0.00 $0.00 Performance -based Pay Review $800.00 $500.00 $0.00 Compensation.Analysis $7,500.00 $6,500.00 $6,500.00 Report Development $1,000.00 $1,000.00 $1,000.00 Client Meetings $1,000.00 $1,000.00 $1,000.00 Study Cost Totals $13,500.00 $11,600.00 $11,100.00 2010 Budgeted Study Funds $20,000.00 $20,000.00 $20,000.00 Staff recommends a study be completed within the next sixty (60) days and prior to the scheduled annual performance reviews (January 2011). The pending issues that require professional consultant attention include the following: 9 1. ) 1. Consultant evaluation of the 7 —10 regular positions the City has identified that have, over time, changed in scope /duties or that are proposed to change due to the reorganizations related to the recent staff reductions. Of particular concern is the proper placement of the new position of City Administrator /Finance Director. 2. Review of the current pay grid to determine that the number of grades is accurate and if the spread or difference between grades and as well as the spread from the lowest to the highest grade is appropriate (internal equity). 3. Completion of the compensation analysis for all positions so that the Council, constituents, management, and employees have confidence that employees are compensated appropriately per the City's philosophy, fairly, and in proper relation to our internal City structure and the external designated market and /or competition. Regardless of the outcome of any study, it is ultimately the decision of the City Council what, if any compensation changes are adopted and implemented, and if so, the time frame of such implementation. It is requested that the Council consider the job Evaluation and Compensation System review and the revised quotation options provided by the consultant, Laumeyer Human Resource Solutions. Staff will be in attendance at the November 9 Council meeting to address any questions. Encl. 1. Laumeyer Human Resource Solutions proposal of September 8, 2010 C\�1 Job Evaluation and Compensation System Review for the City of Hutchinson, Minnesota Submitted by: James A. Laumeyer Laumeyer Human Resource Solutions 1722 Morningside Avenue Duluth, Minnesota 55803 September 8, 2010 1 to-) PHILOSOPHY OF OUR FIRM Laumeyer Human Resource Solutions realizes that job classification and compensation reviews are not merely about numbers but about people. A participative and interactive process involving employees will be utilized for this project. The outcome will be a user-friendly and understandable result, which will ensure optimal acceptance, employee ownership and management influence. Our firm views each project as an opportunity to create positive change and establish a business relationship with our clients, based on mutual respect and trust. �(9-) TABLE OF CONTENTS TOPIC PAGE Statement of the Proposal Scope of Work 2_3 External Market Study 3 Consultant Profiles q References g Fees and method of payment 6 Attachment 1 — Resumes 9.L) Page One City of Hutchinson A. STATEMENT OF THE PROPOSAL The City of Hutchinson, Minnesota requires a review of specific job classes and its existing compensation structure. The specific focus areas are: a. A review and point factor application of up to 10 positions. b. A review of the City's existing FLSA designations. c. A review of the City's current structure relative to pay equity compliance. d. Conducting an external market analysis to contrast the City's current salaries with similarly -sized cities within the state. e. Conducting a review of the City's current performance -based pay system. f. Ensuring the City's compensation structure is market -based and void of salary compression yet maintains internal equity. g. Providing system implementation training and technical support to City staff as needed. h. Providing regular status reports to City staff to ensure ownership in the proj ect. i. Conducting employee information meetings to ensure continuous communication is provided regarding the project. j. Presenting the final project findings and recommendations to the City staff as appropriate. k. Providing post - project support as needed. Note: The role of City staff in this project will be primarily to provide internal meeting scheduling and serving as a resource for document retrieval. qL) Page Two City of Hutchinson B. Scope of Work Below is the project schedule overview. The project can commence immediately after the approval of this proposal. This project approach can be completed no later than November 15, 2010: • Meet with City officials to discuss project and to collect and review documentation, including organizational charts, job descriptions and current salary information (Week 1). • Provide employees via group meetings with overview of project approach and timetable (Week 1). • Distribute job questionnaires to employees to complete and return to us prior to the conduct of personal job interviews (Week 1). • Conduct on -site interviews with employees to obtain in -depth information about their respective jobs (Week 3). • Review data from job interviews and utilize existing job evaluation point factor system to adjust current point values (as appropriate) of up to 10 positions (Week 4). • Meet with City officials to present the recommended adjusted point values of the subject positions (Week 5). • Conduct a salary review of designated cities within Minnesota to contrast salary information with the current salary structure of the City of Hutchinson ( Weeks 6 -7). • Conduct review of the City's existing performance -based pay system (Week 8) • Conduct review of the City's current FLSA designations (Week 8) • Meet with City officials to review the results of the external market study, recommended salary adjustments /assignments, FLSA designations and analysis of performance -based pay system prior to finalization (Week 9). • Finalize classification and compensation structure and implementation plan. (Week 10). qL) Page Three City of Hutchinson B. Scope of Work (continued): • Participate with City officials in the presentation of the classification and compensation plan to the City Council (To be determined). External Market Study The approach to an external market study would begin with a discussion with City officials and other primary stakeholders as to which market comparators should be included to determine market competitiveness. The application of salary data from both public and private sector employers would be used with those job classes that share common characteristics. Otherwise, only public sector comparisons will be used for those jobs that are unique to city government. For this project, the sources of data would be the League of Minnesota Cities, State of Minnesota and private salary surveys. The geographic focus of the salary data would be local, regional and statewide, depending on the particular job class. Local salary data would be applied to those job classes that are clerical or labor /trades in nature and extend statewide to senior management positions. A discussion with City officials would take place to obtain agreement on the definition and composition of the relevant labor market prior to conducting the external market analysis. The basis for analysis will be a mid -point comparison between the salary rates of City employees with the prevailing market rates extracted from the external market study. The salary mid -point is the most common salary rate used in market studies since it is the rate paid for employees who are fully functioning within their respective jobs. Page Four City of Hutchinson C. CONSULTANT PROFILE JAMES A. LAUMEYER PRINCIPAL CONSULTANT Over 30 years of experience as a Senior Human Resource practitioner. Over 25 years of experience as a college instructor in Human Resources and Labor Relations. Certification as a Senior Practitioner in Human Resources (SPHR) from the Society of Human Resource Management (SHRM). Published author on various human resource topics. Master's Degree in Business Administration with emphasis on employee and labor relations. WAYNE BREDE SENIOR CONSULTANT Over 30 years of professional and managerial experience in human resources. Specialty areas of expertise include job evaluation, compensation, recruitment, interviewing, organizational development, process reengineering, competency development, succession planning and workforce planning. Expert status in the application of job evaluation point factor systems. Bachelor of Arts degree in Mass Communications with a minor in Business Administration. Industrial Relations Certificate. 0 ( (�3) Page Five City of Hutchinson D. CLIENT REFERENCES Tina Rennemo City Clerk Treasurer City of Baudette 106 Main Street West Baudette, MN 56623 (218) 634 -1850 Sandy Langley City Clerk City of Wayzata 600 Rice Street E. Wayzata, Minnesota 55391 -1734 (952) 404 -5300 Lori Kasella Finance Director City of Little Falls 100 NE 7`" Avenue Little Falls, Minnesota 56345 (320- 616 -5500 Bob Verkota V.P. of Ancillary Services and Human Resources North Country Health System 1300 Anne St N.W. Bemidji, MN 56601 (218) 333 -5582 Desiree Crane Administrative Assistant City of Mounds View 2401 Highway #10 Mounds View, Minnesota 55112 -1429 (763) 717 -4000 Page Six City of Hutchinson E. FEES AND METHOD OF PAYMENT The base products and services outlined in this proposal, including all travel and administrative expenses, are not to exceed a total cost of $13,500.00. The invoice is payable within 30 calendar days at the mid -point and the completion of this project. Specific consultant fees are: Employee Interviews Job point factor Analysis FLSA review Pay Equity Review Performance -based Pay review Compensation Survey /Analysis Report Development Client Meetings $ 900.00 $ 900.00 $ 800.00 $ 600.00 $ 800.00 $ 7,500.00 $ 1,000.00 $ 1,000.00 Total: $ 13,500.00 This proposal includes a post project one year service provision that provides for the review of job classification and compensation requests free of charge. Note: The following services are also available beyond the base cost quoted above: *Job descriptions that require major revisions or new job descriptions are billed at $65.00 per description. ** *Post contract services are billed at an hourly rate of $75.00. 9�k) TO: Mayor and City Council Members FROM: John Paulson, Environmental Specialist Kent Exner, City Engineer RE: Ameresco Energy Services Agreement and Summary DATE: 11/2/2010 City staff has recently completed the review of the "Energy Services Agreement". City staff provided comments to Ameresco and all questions and proposed changes have been addressed. The "Energy Services Agreement" is included within your City Council packet envelope for your review. Ameresco has provided a Lighting Overview that describes the lighting improvements and their associated benefits as well as a project cost summary. The Council action item included in your packet is the Public Notice. Before executing the "Energy Services Agreement" the City needs to Publish Notice of the meeting that the City Council will consider the award of the contract. The project award date would be during the scheduled City Council meeting on November 23, 2010 and is subject to the completed review and approval of the agreement by the City Attorney. Awarding the contract will include executing the "Notice to Proceed" and the "Energy Services Agreement" which specifies the commitments of all parties. Once the documents are executed, Ameresco will then proceed with scheduling the completion of the project. The start date of the project will be subject to the availability of Hutchinson Utilities' rebates. Rebate funds cannot be earmarked for particular projects so it maybe necessary to delay the start of the project until January to capitalize on the full rebate amount. City staff welcomes your comments and will assist the council in any way we can We recommend proceeding with the Public Notice of Project Award. cc: Gary Plotz — City Administrator IC)�) PUBLICATION NO. 7847 PUBLIC NOTICE OF AWARD TO WHOM IT MAY CONCERN: Pursuant to Minnesota Statute Section 471.345, notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN at 5:30 pm on the 23rd day of November, 2010, to consider the award of a guaranteed energy savings contract to Ameresco, Inc. for the implementation of energy conservation and facility improvement measures. Dated: 11/07/2010 City Administrator PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, NOVEMBER 11TH, 2010. VoG) EXECUTION COPY ENERGY SERVICES AGREEMENT BY AND BETWEEN THE CITY OF HUTCHINSON, MINNESOTA rvj is AMERESCO, INC. Confidential & Proprietary Information of Ameresco, Inc. c\ Page 1 / 1 U( TABLE OF CONTENTS SECTIONS I Scope of Services 2 Ownership of FIM(s) 3 Intentionally Omitted 4 Compensation and Payment 5 Term 6 Guarantee of Savings 7 Right of Entry/Space 8 Changes in Services 9 Warranties 10 CUSTOMER Role and Responsibilities I 1 Defaults by CUSTOMER and Ameresco 12 Remedies for Default 13 Intentionally Omitted 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 ATTACH IENTS ATTACHMENT A PROPERTY DESCRIPTION ATTACHMENT B SCOPE OF SERVICES ATTACHMENT C GUARANTEE OF SAVINGS ATTACHMENT D DELIVERY AND ACCEPTANCE CERTIFICATE ATTACHMENT D (1) PERCENT COMPLETE ACKNOWLEDGEMENT CERTIFICATE ATTACHMENT D (2) CERTIFICATE OF SUBSTANTIAL COMPLETION Confidential & Proprietary Information of Ameresco, Inc. I � C) Page 2 ATTACHMENT E NOTICE TO PROCEED ATTACHMENT F CHANGE ORDER FORM ATTACHMENT G METHODOLOGY OF CALCULATING SAVINGS ATTACHMENT H DAVIS -BACON REQUIREMENTS Confidential & Proprietary Information of Ameresco, Inc. ( rQ-) Page 3 ENERGY SERVICES AGREEMENT BY AND BETWEEN CITY OF HUTCHINSON, MN F�7 AMERESCO, INC. THIS ENERGY SERVICES AGREEMENT (the "Agreement ") is entered into this _'" day of . 2010, by and between the City of Hutchinson, Minnesota, having its principal place of business located at I I I 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." WHEREAS, Ameresco has submitted a Project Proposal dated February 17, 2010, (the "Proposal'), which was completed and delivered as described in the Project Development Agreement between the CUSTOMER and Ameresco, dated October 14, 2009; WHEREAS, CUSTOMER has selected certain improvement measures and desires Ameresco to complete a project (the "Project") consisting of certain energy conservation services and installations at CUSTOMER's buildings 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 1 SCOPE OF SERVICES (a) Work: Upon 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 (the "Scope of Services'), including the installation of the energy conservation measures and facility improvement measures identified therein ( "FIM(s) "), as such Scope of Services and such Attachments may be modified in accordance with this Agreement. CUSTOMER and Ameresco shall mutually plan the scheduling of the FIM(s). The FIM(s) shall be planned to minimize interruption of the daily routine of CUSTOMER's staff except as permitted in writing by CUSTOMER. (b) Disposal: Ameresco shall be responsible for disposal of all non - hazardous equipment and materials which are rendered useless and removed as a result of installation of the FIM(s) pursuant to this Agreement, the cost of which is included as part of the Project Confidential & Proprietary Information of Ameresco, Inc. I U, C20 Page 4 cost. In addition, Ameresco shall, at its cost, cause all lamps which are classified as hazardous wastes by the rules and regulations of the U.S. Environmental Protection Agency (40 CFR Parts 260 through 279) as may be applicable, and PCB- contaminated ballasts, if any, which have been rendered useless and removed as a result of the installations of the FIM(s) to be transported and disposed of All existing PCB - contaminated ballasts, lamps and all other hazardous materials (if any), which are not being removed or otherwise rendered useless as a result of installation of the FIM(s) pursuant to this Agreement shall remain the responsibility of CUSTOMER and Ameresco shall assume no liability in connection with their removal, transportation or disposal. (c) Asbestos and Lead Peint: (i) Asbestos: Ameresco's Scope of Services is predicated on the viability of the Project without Ameresco encountering or disturbing asbestos or being required to perform any asbestos abatement or taking any other action with respect to asbestos. CUSTOMER hereby represents that there is no asbestos or other hazardous materials in any area wherein Ameresco shall be performing the Scope of Services. In the event that: (a) Ameresco encounters any friable asbestos which is in the vicinity of the Project, (b) Ameresco determines that its work shall result in the disturbance of asbestos material, or (c) Ameresco determines that the presence of asbestos material may impede Ameresco's work, Ameresco shall notify CUSTOMER of the same and CUSTOMER shall, at its cost, cause the asbestos to be lawfully removed, enclosed, encapsulated or otherwise abated in accordance with applicable laws, rules and regulations , or alternatively, CUSTOMER, at its cost, may provide written test reports showing that asbestos in that area has been properly removed, enclosed, encapsulated or otherwise abated in accordance with applicable laws rules and regulations. In the event Ameresco cannot determine whether any particular material does or does not contain asbestos, CUSTOMER, upon Ameresco's written request, shall, at CUSTOMER's cost, lawfully perform tests or cause tests to be performed in order to determine whether or not such material contains asbestos and/or whether there are unacceptable levels of airborne particulate material containing asbestos and provide such test report to Ameresco. Under no circumstances shall Ameresco be required to handle asbestos. In the event it encounters asbestos that materially affects the Scope of Services or the Project schedule, Ameresco, at its option, may demobilize and cease construction in the area affected by the presence of asbestos until such time as CUSTOMER performs the actions required to be performed by CUSTOMER that are described in this Subsection. In the event that CUSTOMER does not promptly take action, as provided herein, or notifies Ameresco that it shall not take such action, Ameresco may, at its option, either remove the affected area from its Scope of Services (and make commensurate adjustments to it's rights and obligations) or mutually agree with CUSTOMER to terminate this Agreement in its entirety, any such agreement not to be unreasonably withheld. CUSTOMER shall be responsible for payment of the portion of the Work implemented prior to such termination. CUSTOMER shall be responsible for any and all costs (including termination) incurred by Ameresco that relate to the presence of asbestos. (ii) Lead Paint: Ameresco's Scope of Services is predicated upon the viability of the Project without Ameresco encountering or disturbing lead paint or being required to perform abatement or providing any notice or taking any other action with Confidential & Proprietary Information of Ameresco, Inc. Page 5 respect to lead paint. CUSTOMER hereby represents that there is no exposed lead paint in any area in which Ameresco shall be performing the Scope of Services. In the event that Ameresco encounters lead paint in any area where it is to perform the Scope of Services, which services shall require disturbing lead paint, and Ameresco reasonably believes that such paint may be lead paint, CUSTOMER, upon Ameresco's written request, shall, at CUSTOMER's cost, lawfully perform tests or cause tests to be performed in order to determine whether or not such paint contains lead and shall provide a test report to Ameresco. In the event that: such test report demonstrates the presence of lead paint or Ameresco reasonably believes that performing its services under this Agreement is likely to cause the disturbance of lead paint in such a manner as to require Ameresco to provide any notification or take any actions pursuant to any federal, state or local laws, rules, or regulations and Ameresco notifies CUSTOMER of the same, CUSTOMER shall, in either case, at its cost, cause the lead paint to be lawfully removed, or otherwise abated in accordance with applicable laws, rules and regulations. Under no circumstances, shall Ameresco be required to perform services, which cause the disturbance of lead paint. In the event lead paint materially affects the Project Schedule, Ameresco, at its sole option, may demobilize and cease construction in the area affected by the presence of lead paint until such time as CUSTOMER performs the actions required to be performed by CUSTOMER. In the event that CUSTOMER does not promptly take action as provided herein or notifies Ameresco that it shall not take such action, Ameresco may, at its sole option, either remove the affected area from its Scope of Services (and make commensurate adjustments to the rights and obligations of the Parties) or mutually agree with CUSTOMER to terminate this Agreement in its entirety, which agreement shall not be unreasonably withheld and CUSTOMER shall be responsible for payment of the portion of the Work implemented prior to such termination. CUSTOMER shall be responsible for any and all costs (including termination) incurred by Ameresco that relate to the presence of lead paint. (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. (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 ions 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 FIM(s) 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. Confidential & Proprietary Information of Ameresco, Inc. ) & l_ J Page 6 (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 FIM(s) 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 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 FIMs and (ii) the operation and/or maintenance of the FIMs (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 FIM(s) Ownership and title to each FIM 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 FIM 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 FIM or portion thereof. Prior to satisfaction of the conditions set forth in (i) and (ii) in the previous sentence with respect to an FIM or portion thereof, title to each FIM 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 FIMs or portion thereof prior to the satisfaction of the conditions set forth in (i) and (ii) above, as security for the payment in full of the CUSTOMER'S obligations with respect to each such FIM or portion thereof, CUSTOMER hereby assigns, transfers and grants to Ameresco a security interest in such FIMs. 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 FIMs. 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 FIMs 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 each FIM, Ameresco's interest in the related FIMs shall be released and terminated, in each case without further action on any Party's part. SECTION 3 Intentionally Omitted Confidential & Proprietary Information of Ameresco, Inc. Page 7 SECTION 4 Compensation and Pa men (a) The "Contract Cost" shall be THREE HUNDRED SEVENTY -FIVE THOUSAND ONE HUNDRED FOURTEEN and 001100 Dollars ($375,114.00). (b) Upon delivery by CUSTOMER to Ameresco of a Notice to Proceed, substantially in the form attached to this Agreement as Attachment E, 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 an FIM (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 subject FIM(S) have been installed by Ameresco, and, if such FIM(s) are equipment, such equipment is then operating in a manner consistent with each manufacturer's intended use and CUSTOMER is receiving beneficial use thereof. A final Delivery and Acceptance Certificate, attached hereto as Attachment D shall be executed by Customer upon Substantial Completion of the installation of the final FIM. Customer shall not unreasonably withhold or delay the execution and delivery of the Delivery and Acceptance Certificate. (d) 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. (e) 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 This Agreement shall be effective on the date fast above written and shall remain in effect through the "Guarantee Period" as such term is defined in Attachment C (the "Term ") or, unless Confidential & Proprietary Information of Ameresco, Inc. ) � (-a-) Page 8 terminated prior to such date, as provided for in Section 12 of this 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. SECTION 6 Guarantee of Savings To the extent set forth in Attachment C, and solely in accordance with Attachment C, Ameresco hereby guarantees that the amount of the Documented Savings (as such term is defined in Attachment C and determined in accordance with the measurement and verification plan set forth in Attachment D), shall equal or exceed the Annual Guaranteed Savings Amount (as such term is defined in Attachment Cl. to be achieved by CUSTOMER as a result of performance of the Scope of Services. SECTION 7 Right of Entry/Space 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 installation and operation of the FIM(s) and shall protect such items and equipment in the same careful manner that CUSTOMER protects the Property. 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 FIMs. 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 FIMs scheduled on Attachment B by the execution and delivery of a Change Order Form. Such Change Order Form 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 FIM by FIM basis, for a period of one (1) year from the date of execution of the Substantial Completion Certificate for such FIM by CUSTOMER. Any manufacturers' warranties which exceed this one (1) year period shall be assigned to Customer to the extent allowed by the manufacturer. 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 Confidential & Proprietary Information of Ameresco, Inc. C. Page 9 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 USE OR PARTICULAR PURPOSE AND MERCHANTABILITY, REGARDING THE FIM(s). SECTION 10 CUSTOMER Role and Responsibilities (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 FIM(s), and (ii) all other equipment which is attached thereto and/or is integral to the proper functioning of the FIM(s). (c) Malfunctions: CUSTOMER shall notify Ameresco immediately in the event of any malfunction in the operation of the FIM(s) installed hereunder. (d) Protection of EIME 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 FIMs, 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 FIM(s) 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 FIMs, mechanical systems and other energy consuming systems located on the Property. (e) Measurement System: CUSTOMER shall not move, modify or otherwise alter the measurement and verification system installed as part of the FIM(s) or any component thereof without the written consent of Ameresco unless such action is in accordance with manuals provided by Ameresco. (f) Adjustment to Baseline: If CUSTOMER does not reasonably protect the FIM(s) or maintain the Property in good repair and good working condition, Ameresco, after thirty (30) days advance notice to CUSTOMER, may adjust the baseline, as identified in Attachment D and Attachment G. (g) Changes to PronertV or Additional Equipment: CUSTOMER shall notify Ameresco in Confidential & Proprietary Information of Ameresco, Inc. } D �SL� ¢age ]0 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. CUSTOMER shall also notify Ameresco regarding increases over time in numbers and usage of "plug in" devices such as computers and printers. 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. (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 FIM(s), 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 FIM(s) 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 FIM(s) 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) Teleohone: CUSTOMER is responsible for installing and maintaining telephone lines and all associated costs for the FIM(s) telephone lines or applicable energy management system communication systems. (k) Protection. CUSTOMER shall at all times act reasonably to protect the FIM(s) 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 FIM(s) in any way that may cause a reduction in the level of efficiency or savings generated by the FIM 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 FIM(s) 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 Confidential & Proprietary Information of Ameresco, Inc. )C) `g) Page 11 be liable for loss or damage to any supplies, tools or equipment stored during installation of the FIM(s) 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) Filings: 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. (p) Cooperation during Construction: CUSTOMER acknowledges and agrees that completion of the Scope of Services is dependent on CUSTOMER's cooperation in relocating personnel, furniture and equipment or taking such other actions as may be necessary by CUSTOMER in order to prepare space for work by Ameresco. CUSTOMER agrees to take all such actions as is reasonably requested by Ameresco in a timely manner in order to allow the Scope of Work to be accomplished hereunder. SECTION 11 Defaults bl 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 relocating personnel, furniture and equipment or to take such other actions as may be necessary by CUSTOMER in order to prepare space 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, may result in a Default in respect of the specific FIM or FIMs, that the failure is related to. (b) By Ameresco. Confidential & Proprietary Information of Ameresco, Inc. ) G C L l Page 12 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 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. 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. (iii) For a partial Default by CUSTOMER, Ameresco, at its option may, (a) Terminate the specific FIM or FIMs, that the failure is related to; or (b) Continue to work with CUSTOMER to install the FIM or FIMs, upon agreement between the parties as to the revised Scope of Work and Schedule and CUSTOMER's delivery of an executed Change Order Form in accordance with Section 8, hereof. (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 Intentionally Omitted. 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 million; Bodily Injury per occurrence, $1 million; Property Damage per occurrence, $1 million; Personal Injury per occurrence, $1 million; and Excess Liability, $5 million. (iii) Comprehensive Automobile Liability Insurance, including owned, non -owned and hired automotive equipment of, Bodily Injury per person, $1 million; Bodily Confidential & Proprietary Information of Ameresco, Inc. Page 13 Injury per occurrence, $1 million; Property Damage per occurrence, $1 million; and Excess Liability, $5 million. (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 FIM(s) 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 guarantees, payments or maintenance provisions, except that the Performance Bond shall guarantee that the installation of each FIM 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 FIM by FIM basis as provided in Section 9. (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 Confidential & Proprietary Information of Ameresco, Inc. I U `�C Page 14 extent such damages arise by reason of bodily injury, death or damage to property caused by CUSTOMER's sole negligence or willful misconduct. 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. 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 "FOIE. "), 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. In the event that CUSTOMER is required to make a filing with any agency or other governmental body, which includes such information, CUSTOMER shall notify Ameresco and cooperate with Ameresco in order to seek confidential treatment of such information included within any such filing or, if all such information cannot be protected from disclosure, to request that CUSTOMER be permitted to redact portions of such information, as Ameresco may designate, from that portion of said filing which is to be made available to the public. SECTION 18 Severabilitv 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 Subcontractine (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 FIM(s), or any interest therein, or sublet or lend the FIM(s) or permit the FIM(s) to be Confidential & Proprietary Information of Ameresco, Inc. ) U cc�— Page 15 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 FIM(s) to any financial institution, lender or investor in connection with a leasing or financing arrangement for the FIM(s). (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 FIM(s). Ameresco shall notify CUSTOMER thirty (30) 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. SECTION 21 Force Majeure 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, riot, 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 Party 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 Party uses reasonable efforts to remedy its inability to perform; and Confidential & Proprietary Information of Ameresco, Inc. 'I c) cc_6 Page 16 (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 Party from performing. Any decision by CUSTOMER to close or change the use of the facilities or FIM's at the Property shall not constitute a Force Majeure excusing Customer's performance under this Agreement. 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. ) Ubc�— , Page 17 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 IHassan St. NE Hutchinson, MN 55350 Attention: (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 0 170 1, 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 IS (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 all necessary governmental, 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 Party 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 Party. SECTION 27 Additional Representations and Warranties of Cus omer 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; (b) CUSTOMER does not contemplate any changes to the electrical and thermal consumption characteristics of the Property except as may have been disclosed to Confidential & Proprietary Information of Ameresco, Inc. � V �Q—) Page 19 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 Neelieent/Wroneful 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 FIM(s). 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. CUSTOMER agrees that Ameresco 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 FIMs 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). CUSTOMER shall provide Ameresco 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. SECTION 30 Third Party Beneficiaries Confidential & Proprietary Information of Ameresco, Inc. ' �u ( ) Page 20 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 Safe 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. CUSTOMER AMERESCO, INC. Authorized Signature Name: Title: Authorized Signature Name: Title: Authorized Signature Name: Title: Confidential & Proprietary Information of Ameresco, Inc. Page 21 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: Airport 1700 Butler Field Dr SW Hutchinson, MN 55350 City Center 111 Hassan St SE Hutchinson, MN 55350 Civic Arena 900 Harrington St SW Hutchinson, MN 55350 Creekside Compost 1500 Adams St SE Hutchinson, MN 55350 Events Center 1005 Highway 15 S Hutchinson, MN 55350 Fire Department 205 3rd Ave SE Hutchinson, MN 55350 Hutchinson Area Transportation (HATS) 1400 Adams St SE Hutchinson, MN 55350 Library 50 Hassan St SE Hutchinson, MN 55350 Liquor Hutch 245 Washington Ave E Hutchinson, MN 55350 Oakland Cemetery 805 Highway 15 S Hutchinson, MN 55350 Parks Office and Shop 1100 Adams St SE Hutchinson, MN 55350 Confidential & Proprietary Information of Ameresco, Inc. I o ) Page 22 P Police Department 10 Franklin St SW Hutchinson, MN 55350 Recreation Center 900 Harrington St SW Hutchinson, MN 55350 Wastewater Treatment Facility 1300 Adams St SE Hutchinson, MN 55350 Water Treatment Plant 439 Prospect St NE Hutchinson, MN 55350 Confidential & Proprietary Information of Ameresco, Inc. )1�)EP) Page 23 ATTACHMENT B SCOPE OF SERVICES This Attachment sets forth a description of existing equipment and the Facility Improvement Measures (FIMs), and related equipment to be installed by Ameresco at the buildings set forth in Attachment A within the Property. The Scope of Services defined herein is predicated on the terms and conditions of the Agreement and the following: ♦ Installation of the FIM(s) and the included equipment is subject to change if Ameresco discovers unforeseen conditions at the Property that render its analysis of the Property inaccurate, or significantly affect Ameresco's anticipated economic benefit or Annual Guaranteed Savings. Any changes to the installation of the FIM(s) and the included equipment are subject to approval of CUSTOMER, which approval shall not be unreasonably withheld, conditioned or delayed. • With the exception of lamps and ballasts removed as part of this project, handling or abatement of any hazardous materials, including asbestos containing material, is excluded from the Scope of Services. The scope of work and associated costs are based on materials / equipment and sub- contractors as noted (or submitted) to the City. Changes to these items may affect pricing of the scope of work to the City. ♦ The Contract Cost set forth in the Agreement is based on 100% availability of rooms / areas / systems to perform noted work scope during normal business hours. Overtime and off -hour shifts (2nd shift and 3`d shift) are not included. During the construction period, Ameresco and CUSTOMER will mutually develop and agree upon an implementation schedule which will include scheduling for the retrofit work planned in each facility and area and the rooms/areas or systems needed to perform noted work scope. ♦ The lighting scope includes only the locations and fixtures noted on associated schedule (Attachment G, Exhibit 1). Not all spaces are being addressed as part of the lighting scope. FIM FIM Description City Wide CW -1 Interior Lighting Improvements. Wastewater Treatment Plant TP W WTP -3 VFD on the Rotors Interior Lighting Improvements Ameresco will be furnishing replacement of 32W T8 lamps with more efficient 28W T8 lamps. In addition, Ameresco will de -lamp fixtures (i.e. reduce number of bulbs within a fixture) in certain areas of the buildings. The 28W T8 lamps would use the existing instant start ballast. In addition to the re- lamping of the buildings, occupancy sensors will be furnished for selective areas. These occupancy sensors will provide automatic control of the lighting system that may be turned on and off automatically. New fixtures will be installed as indicated by the attached Lighting Survey & Audit (Attachment G, Exhibit 1) Airport Confidential & Proprietary Information of Ameresco, Inc. 1 uG Page 24 ♦ Replace four 175W MH fixtures with 4' T8 lamps ♦ Clean and Relamp existing 4' and 8' 2 -lamp wall bracket fixtures to 28w T8 lamps. Total of 12 Lamps ♦ Install ceiling mounted Occupancy Sensor in Flight Planning room ♦ Install wall switch Occupancy Sensors in 3 bathrooms ♦ Replace existing 400w MH Hi Bay fixtures with new 2x4 — 6 lamp Fluorescent Hi -Bay fixtures. 16 units total. City Center ♦ Replace 142 existing 2x2 — 3 lamp parabolic with new 2x2 — 3 lamp F 17 /white parabolic fixture in existing locations. ♦ Clean and Relamp 99 existing 4' — 2 lamp strip / cove lighting fixtures. 128 lamps total. ♦ Relamp 20 existing incandescent downiights with 20w Par 30 CFL lamps. ♦ Replace 30 existing MH recessed cans downlight fixtures with 2 — 32 watt CFL recessed cans. ♦ Install ceiling mounted Occupancy Sensors in Office and Conference Rooms. Total of 19 sensors. ♦ Replace 12 existing Exit signs with new LED Exit sign fixtures. ♦ Relamp 46 existing incandescent recessed cans with 23 watt CFL Par 38 lamps. ♦ Clean and Relamp 19 existing 4' — I lamp strip / cove lighting fixtures. • Relamp 2 existing 4' — 2 lamp Industrial fixtures with 28w ES T8 lamps. Civic Arena Main Ice Arena - Interior Building Lighting Main Arena Entry — Replace 2 existing 4' -2 lamp T12 Vapor Tight fixtures with new 4' -2 lamp T8 Vapor Tights in existing location ♦ Replace existing exit sign with new LED surface mount unit ♦ Hockey Lodge — Clean and Retrofit 6 existing 4' — 4 lamp T12 wraps to 28w ES T8 lamps and Electronic Ballast. Install wall switch Occupancy Sensor. • 2nd level Seating Area — Replace 2 existing 8' — 2 lamp T12 strips with new 8' — 4 lamp T8 units in existing location. Relamp 16 existing 8' -4 lamp T8 retrofitted strips fixtures on structure beams to 28w ES T8 lamps. ♦ Replace 26 existing 8' — 2 lamp T12 strips with new 8' — 4 lamp Vapor Tight fixtures in existing locations. Typical of Arena Office, Concessions, Men's & Women's Restrooms, 6 Locker Rooms, Workshop/Electrical Room and Weight Room. ♦ Replace 2 existing 4' — 2 lamp T12 strips with new 4' — 2 lamp Vapor Tight fixtures in existing locations. Typical of Arena Office entry and Locker Room #3. ♦ Relamp 4 existing med base Jelly Jar fixtures with 25w CFL lamps. Typical of Men's & Women's Restmoms and Locker Rooms #3 & #4. ♦ Clean and Relamp 17 existing 1x4 2 lamp recessed prismatic troffers in Locker Room Corridor to 28%, ES T8 lamps. 34 total lamps. Confidential & Proprietary Information of Ameresco, Inc. I v "`J Page 25 ♦ Install new 8' — 4 lamp T8 Vapor Tight fixtures in Mechanical / Storage room next to Electrical room. Demo existing lighting. ♦ Install 10 (1 each location) wall switch Occupancy Sensors. Typical of Arena Office, Concessions, Men's & Women's Restrooms and 6 Locker Rooms. Zamboni Ice Equipment Room — Replace 4 existing 250w MH Low Bays fixtures with 4 — 4' — 6 lamp T8 Vapor Tight fixtures in existing locations ♦ Compressor Room — Replace 5 existing 4' — 2 lamp T12 Industrial fixtures with new 4' — 2 lamp T8 units in existing locations. Relamp 2 remaining 4' - 2 lamp fixtures with 28w ES T8 lamps. West Ice Arena - Interior Building Lighting ♦ Replace 7 existing 8' — 2 lamp T12 / T8 strips with new 8' — 4 lamp Vapor Tight fixtures in existing locations. Replace existing exterior 8' —2 lamp T12 Vapor Tight with new 8' — 4 lamp T8 Vapor Tight in existing location. • Replace 3 existing Exit / Emergency Lighting Wall Packs with new LED Exit/Emergency Lighting units in existing locations. ♦ Restrooms - Replace 4 existing 8' — 2 lamp T12 / T8 strips with new 8' — 4 lamp Vapor Tight fixtures in existing locations. Install wall switch Occupancy Sensor. ♦ Replace existing 4' — 2 lamp T12 strip at restroom entry with new 4' — 2 lamp Vapor Tight fixture. • Replace existing 4' — 2 lamp T12 strip at restroom entry with new 4' — 2 lamp Vapor Tight fixture. ♦ Replace existing 8' — 2 lamp T12 strips with new 8' — 4 lamp Vapor Tight fixtures in existing locations. Install Wall Switch Occupancy Sensor. Typical of four Locker Rooms. Creekside Compost Main Building - Office Area Lighting Replace 10 existing 2x4 — 4 lamp prismatic troffer fixtures with new 2x4 — 3 lamp T8 prismatic troffer units. Replace existing 4' — 2 lamp Industrial fixtures in Janitor/ Mech. Room with new 4' — 2 lamp strip fixture in existing location. Install wall switch Occupancy Sensor Install ceiling mounted Occupancy Sensors in Office and Open Office. Total of 2 sensors and power packs. Garbage / Sort Bay ♦ Replace existing 400w MH Hi Bay fixtures with new 2x4 — 6 lamp Fluorescent Hi Bay fixtures in existing locations. 30 units total. Bagging Building - Office Area Lighting ♦ Clean and Relamp 7 existing 4' - 2 lamp Prismatic Wrap fixtures with 28w ES T8 lamps. ♦ Clean and Relamp 4 existing 4' - 4 lamp Prismatic Wrap fixtures in Office with 28w ES T8 lamps Install wall switch Occupancy Sensor. • Install wall switch Occupancy Sensor in Restroom. ♦ Relamp existing Restroom 3 lamp Vanity fixture with 20w CFL vanity lamps. Confidential & Proprietary Information of Ameresco, Inc. I Page 26 26 ) Bagging Bay • Replace existing 400w MH Hi Bay fixtures with new 2x4 — 6 lamp Fluorescent Hi Bay fixtures in existing locations. ♦ Existing Cold Storage and Exterior 400w MH Hi bays to remain with no work. Events Center ♦ Clean and Relamp 123 existing 2x4 — 3 lamp Parabolic troffers. ♦ Clean and Relamp 38 existing 2x4 — 3 lamp Prismatic Lens troffers. ♦ Relamp 20 existing 4' — 2 lamp strips and htdustrial fixtures. ♦ Relamp 2 existing 8' — 4 lamp Industrial fixtures. ♦ Install wall switch Occupancy Sensors in Unisex Restroom and 2 dressing rooms. ♦ Install ceiling mounted Occupancy Sensors in 2 Offices. ♦ Install 2 ceiling mounted Occupancy Sensors and one power pack to control lighting in Men's and Women's Restrooms. ♦ All CFL downlights and Decorative Bowl fixtures to remain with no work. Evergreen Dinning • All 4' — 2 lamp surface mount cloud wrap fixtures to be cleaned and re- lamped to 28w Energy Saving T8 lamps. 39 unit's total. ♦ Replace existing 4'— 2 lamp T12 continuous Prismatic Wrap fixtures with new 4' -2 lamp T8 Prismatic Wrap units in Kitchen Area. 16 units total. Install in same locations. ♦ Replace existing 4' — 2 lamp T12 prismatic wrap fixtures with new 4' - 2 lamp T8 units in Panty Area. 2 units total. Install in same locations. ♦ Clean and Relamp existing 8 lamp Vanity fixtures in Restrooms to med -base CFL Vanity lamps. 2 fixtures total. ♦ Relamp existing med base socket in Janitors Closet with 25w CFL lamp. ♦ Install wall switch Occupancy Sensors in 2 bathrooms. ♦ Install wall switch Occupancy Sensors in 3 offices. Fire Department ♦ Relamp existing incandescent vanity fixtures in restrooms with 9w CFL lamp. 4 total. ♦ Replace existing 4' —2 lamp T12 surface Prismatic Wrap fixtures with new 4' -2 lamp T8 Surface Prismatic Troffer. 19 units total. Install in same locations. ♦ Replace existing 4' —4 lamp T12 surface Prismatic Wrap fixtures with new 4' -3 lamp T8 Surface Prismatic Troffer. 1 units total. Install in same locations. ♦ Replace existing 4'— 1 lamp T12 surface Prismatic Wrap fixtures with new 4' -2 lamp T8 Surface Prismatic Troffer. 2 units total. Install in same locations. ♦ Replace existing emergency lighting with 2 head halogen emergency packs. 2 total. Confidential & Proprietary Information of Ameresco, Inc. Page 27 HATS Clean and Re -lamp existing fixtures in Mechanical/Chemical/Air Rooms. 5 fixtures total. City of Hutchinson Office Area Lighting ♦ Clean and Relamp 8 existing 2x4 — 2 lamp Prismatic lens troffers. ♦ Clean and Relamp 30 existing 2x4 — 3 lamp Prismatic lens troffers. ♦ Clean and Relamp 14 existing 2x4 — 3 lamp Parabolic troffers. ♦ hxstall ceiling mounted Occupancy Sensors in State Patrol Office and Maintenance Office. Total of 4 sensors and power packs. McCloud County Office Area Lighting Clean and Relamp 42 existing 2x4 — 3 lamp Parabolic troffers. 126 lamps total. Typical of all offices and open office areas. ♦ Clean and Relamp 4 existing 4' — 2 lamp Industrial fixture in HUB room. • Clean and Relamp 1 existing 4'— 4 lamp Prismatic Wrap fixture in Storage room. Install ceiling mounted Occupancy Sensors in 6 offices. Total of 6 sensors and power packs. MnDOT Office Area Lighting ♦ Clean and Relamp 55 existing 2x4 — 3 lamp Parabolic troffers. ♦ Clean and Relamp 1 I existing 2x4 — 3 lamp Prismatic lens troffers. ♦ Clean and Relamp 1 existing 8'— 4 lamp Industrial fixture in Electrical room. • Install ceiling mounted Occupancy Sensors in 7 offices and conference rooms. Total of 7 sensors and power packs. Truck / Maintenance Bay • Replace existing 400w MH Hi Bay fixtures with new 2x4 — 6 lamp Fluorescent Hi Bay fixtures in existing locations. 46 units total. ♦ Demo existing 8'— 4 lamp Industrial fixtures in center run of two truck bays. Total of 10 fixtures. • Replace existing 8'— 2 lamp and 4 lamp T12 Industrial shop fixtures with new 8' — 4 lamp T8 Industrial Shop fixtures. Typical of 12 various locations in Garage. Replace existing 4' — 2 lamp T12 Industrial shop fixtures with new 4' — 2 lamp T8 Industrial Shop fixtures. Typical of 6 various locations in Garage. ♦ Replace existing Exit lighting and Emergency lighting wall pack with new LED Exit and Emergency lighting combo unit. Typical of five locations. ♦ Demo existing HID wall pack with photo cell at Exit doors. Typical of 4 locations. ♦ Retrofit 19 existing 4' — 2 lamp T12 Industrial fixtures in Parts Dept. (both levels) with 28w T8 lamp and .88bf ballast. Retrofit 8 existing 4'— 2 lamp T12 Industrial fixtures with 28w T8 lamp and .88bf ballast. Total of 16 lamps and 8 ballasts. ♦ Relamp 2 existing 8'— 4 lamp Industrials in Generator Room with 28w ES T8 lamps. Total of 8 lamps. Confidential & Proprietary Information of Ameresco, Inc. ) u Q, Page 28 ♦ Replace existing 4'— 2 lamp Vapor Tight in Wash area with new 4'— 2 lamp Vapor Tight fixture. ♦ Replace 4 — 300w Halogen Floodlights in Truck Wash Area with 150w Induction Wall Packs. Library ♦ Relamp existing 4' — 2 lamp fixtures with new 4' lamps. 159 units total. ♦ Relamp and reballast existing 4' — 2 lamp fixtures with new 4' lamps and ballast. 3 units total. ♦ Relamp and reballast existing 4' — 3 lamp fixtures with new 4' lamps and ballast. 9 units total. ♦ Relamp existing 100watt medium base A -lamp fixtures with 20w CFL dimmable. l unit total. ♦ Relamp existing 100watt medium base A -lamp fixtures with 25w CFL. 7 units total. Liquor Hutch ♦ Clean and Relamp 28 existing 4' — 2 lamp suspended strip fixtures. ♦ Clean and Relamp 13 existing 4' — 2 lamp T8 Vapor tight cooler fixtures. ♦ Replace 5 existing 8' — 2 lamp F96T12 fixtures in rear stock area with 8' — 4 lamp T8 Industrial Strip fixtures. Install at existing location and mounting height. ♦ Existing 2x2 parabolic fixtures to remain with no work. ♦ Replace 20 existing 6 lamp CFL HiBay fixtures with new 4'— 4 lamp T8HO fluorescent HiBay fixtures. ♦ Clean and Relamp 9 existing 2x4 — 3 lamp Parabolic troffers. Oakland Cemetery Interior Office Area Lighting ♦ All 2x4 -4 lamp and 2x4 -3 lamp recessed prismatic troffers are to be cleaned and re- lamped to 28w Energy Saving T8 lamps. ♦ Relamp existing 4'-2 lamp strip fixture in Mech. Room to 28w Energy Saving T8 lamps. ♦ Install wall switch Occupancy Sensors in bathroom. ♦ Install 2 ceiling mounted Occupancy Sensor in offices Garage Area Lighting ♦ All 8' -4 lamp T8 surface mounted strip fixtures are to be re- lamped to 28w Energy Saving T8 lamps. 12 — 8' 4L fixtures. Chapel Area Lighting ♦ Relamp 5 existing med base incandescent fixtures in basement area to 25w CFL lamps. ♦ Retrofit 8 existing 4'— 21amp T12 strips to 28w ES - T8 lamps and .88bf ballast. ♦ Clean and Relamp 4 decorative pendants in Chapel to 25w CFL lamps. ♦ Clean and Relamp 8 decorative wall sconces in Chapel to 13w CFL lamps. Confidential & Proprietary Information of Ameresco, Inc. 1 U J Page 29 ♦ Clean and Relamp 5 existing 4' -2 lamp prismatic wrap fixtures in Chapel Foyer area to 28w Energy Saving T8 lamps. Park Offices and Shops • Relamp 6 existing 4'-2 lamp T8 Prismatic Wrap fixtures to 28w Energy Saving T8 lamps. ♦ Install wall switch Occupancy Sensors in Restroom. ♦ Replace 5 existing 4'— 2 lamp T12 Prismatic wrap fixtures with new 4'— 2 lamp T8 Prismatic Wrap fixtures in front two Office areas. ♦ Relamp existing 8' - 2 lamp surface incandescent fixture in Furnace Room to 13w CFL lamps. Garage Area Lighting ♦ All 8' -4 lamp T8 surface / suspended mounted strip fixtures are to be re- lamped to 28w Energy Saving T8 lamps. Police Department Interior Office Area Lighting — Main Level ♦ Replace existing T12 tube indirect fixture in entry with new 12'— 3 lamp T8 direct / indirect fixture. Suspend at existing height. ♦ Replace 20 existing 2x4 — 4 lamp surface honeycomb troffer fixtures with new surface mount 2x4 — 3 lamp T8 Prismatic Lens fixtures in existing locations. Typical of 1 Open Office and 4 Private Office areas. ♦ Relamp 4 — recessed 4 lamp fixtures in Dispatch Office to 28w ES T8 lamps. ♦ Clean and Relamp 48 existing 4' — 2 lamp recessed or surface mount prismatic troffer fixtures. ♦ Clean and Relamp 4 existing 4'— 2 lamp Restroom Vanity fixtures. Typical of 3 restrooms. Install wall switch Occupancy Sensor. Typical of 3 locations. ♦ Clean and Relamp 6 existing 4' — 2 lamp Security fixtures. Typical of 3 Holding Cells. ♦ Relamp 6 — 4' — 2 lamp surface mounted strips in garage area with 28w ES T8 lamps. Interior Office Area Lighting — Lower Level ♦ Clean and Retrofit 15 existing 2x4 4 lamp recessed prismatic troffers to 3 lamps fixtures using delamping - retrofit kits. ♦ Clean and Relamp 21 existing 4'— 2 lamp recessed or surface mount prismatic troffer fixtures. ♦ Relamp 13 existing 4' — 2 lamp strips fixtures to 28w ES T8 lamps. Typical of Mech and Storage areas. ♦ Clean and Relamp 4 existing 4' — 2 lamp Restroom / Locker room Vanity fixtures. Squad Car Garage Area Lighting ♦ All 8' -4 lamp T8 surface / suspended mounted strip fixtures are to be re — lamped to 28w Energy Saving T8 lamps. 19 — 8' -41, fixtures. ♦ Clean and Relamp existing 4'— 2 lamp Prismatic Wrap fixture in Restroom with 28w ES T8 lamps. EOC / Training Area Lighting ( \ Confidential & Proprietary Information of Ameresco, Inc. C) ` J Page 30 • Replace 15 existing 8' —2 lamp T12 strip/ Industrial fixtures with new 8'-4 lamp T8 fixtures in existing locations. • Clean and Relamp existing 4' - 2 lamp and 4 lamp Prismatic Wrap fixtures to 28w ES T8 lamps. Typical of 40 locations. • Clean and Relamp 4 existing 4 lamp prismatic troffer fixtures in Training Room to 28w ES T8 lamps. ♦ Relamp 23 existing 75w Incandescent recessed cans fixtures to 23w Dimmable CFL lamps. • Relamp 4 existing 75w Track head fixtures to 23w Dimmable CFL lamps. • Relamp 2 existing 8' — 2 lamp strip fixtures to 28w ES T8 lamps in Armory room. • Relamp 2 existing 8' —4 lamp strip fixtures in Training breakroom to 28w ES T8 lamps. Recreation Center Recreation Center - Interior Building Lighting Open Lobby and Entry areas — Replace existing open RLM fixtures with new 12' 3 lamp T8 direct / indirect suspended fixtures. Typical of 11 fixture locations. Recreation Center Offices • Replace existing 2x2 prismatic troffer fixtures with new 2x2 — 3 lamp T8 parabolic troffer unit in existing location. Typical of 30 fixtures. • Install 2 new ceiling mounted Occupancy Sensors control Open Office lighting. ♦ Install new wall switch Occupancy Sensor in each office. Typical of 5 offices. ♦ Gym Area corridor — Replace existing 2x2 prismatic troffer fixtures with new 2x2 — 3 lamp T8 parabolic troffer unit in existing location. • Restroom — Replace existing 2x2 prismatic troffer fixtures with new 2x2 — 3 lamp T8 prismatic troffer unit in existing flanged location. Install wall switch Occupancy Sensor. • Mech. / Storage Room — Retrofit existing 4' — 2 lamp strips to T8 lamps and .88bf ballast. 16 lamps / 8 ballast total. Maintain existing controls. ♦ Concessions Room - Replace existing 2x2 prismatic troffer fixtures with new 2x2 — 3 lamp T8 prismatic troffer unit in existing location. Typical of 8 fixtures. Install wall switch Occupancy Sensor. ♦ Towel room - Retrofit existing 4' — 2 lamp strips to T8 lamps and .88bf ballast. 8 lamps / 4 ballast total. Install wall switch Occupancy Sensor. • Locker Room — Clean and Retrofit existing 1x4 — 2 lamp recessed flanged troffer to T8 lamps and .88bf ballast. Replaced existing surface med base circular fixture with new surface CFL ceiling circular fixture. Replace existing 4' — 2 lamp Vapor Tight fixtures with new 4' — 2 lamp T8 Vapor Tight fixtures. Relamp recessed shower light fixtures to 20w CFL med base lamp. Replace existing Exit signs with new LED Exit light fixtures. Relamp Locker Room janitor closet to 25w CFL med base lamp. Confidential & Proprietary Information of Ameresco, Inc. Page 31 ♦ Locker Room Entry - Replace existing 2x2 prismatic troffer fixtures with new 2x2 — 3 lamp T8 parabolic troffer unit in existing location. Typical of 2 fixtures. ♦ Locker / Concessions Room - Replace existing 2x2 prismatic troffer fixtures with new 2x2 — 3 lamp T8 prismatic troffer unit in existing location. Install wall switch Occupancy Sensor. ♦ Pool Concessions — Replace existing 4' — 2 lamp Vapor Tight fixtures with new 4' — 2 lamp T8 Vapor Tight fixtures. Install wall switch Occupancy Sensor. ♦ Elec. / Storage Room — Retrofit existing 4' — 2 lamp strips to T8 lamps and .88bf ballast. Exterior Parking Lot lighting ♦ Replace 6 existing 12' decorative poles and fixture heads with new 18' — single 250w MH fixture assembly. Reuse existing base and wiring. Maintain existing controls. ♦ Replace existing 12" square 150w MH surface fixture at 2 entries with new surface mount 70w PSMH fixture. Water Treatment Plant ♦ Clean and Relamp existing fixtures in the office are to 28W T8 ♦ Install wall switch Occupancy Sensors in Storage Room and Men's and Women's Restrooms. ♦ Install ceiling mounted Occupancy Sensors in Supervisors Office, Lab Room, and Lunch Room. Waste Water Treatment Plant Wastewater Treatment Office Lighting ♦ Clean and Relamp existing fixtures to 28W T8 ♦ Install wall switch Occupancy Sensors in 3 Restrooms, 2 Locker Rooms, Office Storage room and Shop Storage Room. ♦ Install ceiling mounted Occupancy Sensors in 2 - Front Offices, 2 - Training/Break rooms and 2 - Maintenance Offices. ♦ Install 2 ceiling mounted Occupancy Sensors and 1 power pack to control existing lighting in open office area. ♦ Install 2 - cold temp rated wall mount Occupancy Sensors in each Vehicle Garage Area. Treatment Building 30 ♦ Clean and Relamp 4 existing 4' - 2 lamp T8 Industrial fixtures in Electrical Room. 8 lamps total. Maintain existing controls. ♦ Replace existing wall pack over double doors. Install new 70w HPS full cut- off wall pack with photo sensor in existing location. Treatment Building 50 — 100 / 200 / 300 ♦ Replace existing wall packs over double doors at each end of building. Install new 70w UPS full cut -off wall pack with photo sensor in existing location. Typical of 3 buildings, 6 total fixtures. Treatment Building 60 Confidential & Proprietary Information of Ameresco, Inc. N aC12) Page 32 ♦ Replace 4 existing 4'- 2 lamp T12 Industrial fixtures on Upper Level with new 4'— 2 lamp T8 Industrial fixtures in existing locations. ♦ Replace existing 4' -2 lamp TI wall bracket fixtures at stair landing with new 4' — 2 lamp T8 Vapor Tight fixture in existing location. ♦ Replace 7 150w HPS Low Bay fixtures in Lower Level with 4' — 4 lamp T8 HO Fluorescent Vapor Tight fixtures. Install at same height and location. ♦ Replace existing wall packs around exterior of building. Install new 70w HPS full cut -off wall pack with photo sensor in existing locations. Total of 4. Treatment Building 80 ♦ Replace 15 existing 4' — 2 lamp T12 wall bracket and vapor tight fixtures with new 4' — 2 lamp T8 Vapor Tight fixtures in existing locations. Treatment Building MBR ♦ Replace 4 - 150w MH Low Bay fixtures in Lower Level with 4' — 4 lamp T8 HO Fluorescent Vapor Tight fixtures — Fixture on 24/7. ♦ Clean and Relamp 6 existing 4' — 2 lamp T8 Vapor Tight fixtures. ♦ Replace 1 - 150w MH Low Bay fixtures in Compressor Room with 4' — 4 lamp T8 HO Fluorescent Vapor Tight fixtures — Fixture on 24/7. ♦ Replace 3 2' T8 fixtures with 4' — 2 lamp T8 Fluorescent fixtures. Install at same height and location. Treatment Building 100 ♦ Clean and Relamp 4 existing 4'- 2 lamp T8 Industrial fixtures. Treatment Building 90 ♦ Replace existing 4' - 2 lamp T12 wall bracket and Industrial fixtures with new 4'— 2 lamp T8 Vapor Tight fixtures in existing locations. ♦ Replace existing Exit Signs with new LED Exit signs. Total of 3 units/locations. The lighting system improvements include re- tamping, retrofit or replacement of existing fixtures as noted in Section G. The exact quantities and locations are as noted in Section G, Exhibit 1. The scope includes improvements of the noted fixtures only and does not address or includes any fix -up / upgrade / replacement of existing wiring, switching, conduits, hangers, etc. If items are found to be in need of repair or replacement — this is not included in the scope of services and associated costing. Variable Speed Drives (VFD) on the Rotors The existing rotors for the aeration process do not have VFDs on them. The system is turned on and off based on the amount of flow into the plant. There are currently several motors and rotors, but most of the time only two are running at one time, and they turn on and off during the day. ♦ Install two 60 HP Variable Speed Drives ♦ Connect to the existing Process Control System Confidential & Proprietary Information of Ameresco, Inc. 1 D Lam_ Page 33 ATTACHMENT C GUARANTEE OF SAVINGS SAVINGS GUARANTEE The aggregate amount of cumulative Documented Savings (as such term is defined below and as determined in accordance with the measurement and verification plan set forth in Attachment D), shall equal or exceed Two Hundred Thirty-six Thousand Sixty ($236,060.00) Dollars over the Term (the "Guarantee Amount'). The Guarantee Amount has been calculated by subtracting the amount of the grants the Customer expects to receive from the State of Minnesota from the Contract Cost. The "Annual Guaranteed Savings Amount" is: Thirty Two Thousand Five Hundred Seventy One and 00 /100 Dollars ($32,571.00). The Annual Guaranteed Savings Amount is made up of two (2) savings components: 1. Energy Savings; and 2. Repair & Maintenance Savings. Ameresco guarantees that the Annual Guaranteed Savings Amount will be achieved by operation and beneficial use of all FIMs taken in the aggregate, but does not guarantee the savings amount achieved by each individual FIM. Ameresco's obligations in respect of this Guarantee are subject to CUSTOMER performing all of its maintenance and other obligations under this Agreement that may affect achievement of the Annual Guaranteed Savings Amount. In the event that CUSTOMER fails to perform its obligations under this Agreement or interferes with, or permits any third party to take any action which, in the reasonable opinion of Ameresco, may prevent the achievement of the Annual Guaranteed Savings Amount under this Agreement, Ameresco may, after providing CUSTOMER thirty (30) days advance notice, adjust the Annual Guaranteed Savings Amount during the period in which such savings were affected to reflect the impact such actions had on same. Ameresco's rights set forth in this Attachment C shall not be in limitation of any other rights it is entitled to by law and under this Agreement. TERMS OF GUARANTEE Subject to the terms and conditions set forth in this Agreement, Ameresco guarantees that the Documented Savings shall equal or exceed the Annual Guaranteed Savings Amount set forth above for each Guarantee Year during the Term (as defined in Section 5 by reference to the Guarantee Period) until the cumulative Documented Savings over the Term equals the Guarantee Amount (the "Guarantee Period'). The first Guarantee Year shall be the consecutive twelve (12) month period beginning with the first day of the month following the date of the final Delivery and Acceptance Certificate. The Guarantee Period, or Tenn, as the case may be, shall terminate upon the first to occur of (i) the fifteenth anniversary of the date of the final Delivery and Acceptance Certificate or (ii) the date on which the cumulative Documented Savings equals the Guarantee Amount. Confidential & Proprietary Information of Ameresco, Inc. ) b `CJ Page 34 REVIEW OF GUARANTEED SAVINGS CALCULATIONS CUSTOMER has reviewed the Annual Guaranteed Savings Amount calculations and methodologies in Attachment G and finds that the calculations and assumptions used for calculation of the Annual Guaranteed Savings Amount should result in achievement of the Annual Guaranteed Savings Amount. SAVINGS AUDIT PROCEDURE A measurement and verification plan is set forth in the Delivery and Acceptance Certificate in Attachment D. The total savings achieved by the combined individual savings measures, including any "Stipulated Savings" as such term is defined in Attachment D, shall be deemed the total "Documented Savings ". The Annual Guaranteed Savings Amount shall be deemed achieved when the Delivery and Acceptance Certificate is executed by CUSTOMER. RECONCILIATION Measurements shall be completed and Documented Savings determined as described in Attachment D, the Delivery and Acceptance Certificate, upon completion of installation of the FIM(s). If upon completion of the Measurement and Verification set forth in Attachment D, the Annual Guaranteed Savings Amount is not achieved at the end of the first guarantee year, Ameresco shall pay CUSTOMER the amount by which the Annual Guaranteed Savings Amount exceeds the Documented Savings and may, at Ameresco's sole expense and discretion, including the cost of any required energy auditing, elect one of the following alternatives: (a) Install additional FIM(s), or modifications that are mutually agreed to by CUSTOMER in order to achieve the Annual Guaranteed Savings Amount, or (b) Pay CUSTOMER the amount by which the Annual Guaranteed Savings Amount exceeds the Documented Savings at the end of each Guarantee Year. Stipulated Savings shall not be measured or audited. These savings have been negotiated and agreed upon by Ameresco and CUSTOMER and are stipulated as set forth in Attachment D, Delivery and Acceptance Certificate. Ameresco and CUSTOMER agree that the Stipulated Savings are deemed satisfied for the Term of this Agreement, upon installation of the FIM(s). Confidential & Proprietary Information of Ameresco, Inc. I G G9`) Page 35 ATTACHMENT D DELIVERY AND ACCEPTANCE CERTIFICATE This Attachment summarizes the results of the Measurement and Verification process for Projects implemented by Ameresco for CUSTOMER. The Annual Guaranteed Savings Amount is: Annual Energy Savings $29,871 Annual Repair & Maintenance Savings $2.700 Annual Guaranteed Savings Amount $32,571 ENERGY SAVINGS Ameresco guarantees the energy units saved (kWh, therms, gallons, etc) and not the dollar value associated with these savings as the customer's utility rates may change over time depending on purchasing ability, future contracts, etc. The utility rates notes in Table Dl below were used to calculate the energy cost savings in U.S. Dollars associated with the energy units saved for the purpose of this Agreement. CUSTOMER acknowledges that the utility rates set forth in Table Dl are reasonable and shall be used throughout the Term of the Guarantee Period in determining Documented Savings for purposes of the Guarantee. The method of verification of savings varies for each energy savings measure implemented. Table D1 summarizes the baseline utility rates, Table Dl -A summarizes the baseline utility usage by month, and Table D2 summarizes the verification procedures used to determine documented savings associated with the project throughout the guarantee period. Table D1 Facility Electric Rate.. Electric Rate c. KW Airport $ 0.0744 $ 6.00 City Center $ 0.0743 $ 6.00 Civic Arena $ 0.0743 $ 6.00 Compost $ 0.0741 $ 6.00 Events $ 0.0743 $ 6.00 Evergreen $ 0.0908 Fire $ 0.0927 HATS $ 0.0771 $ 6.00 Lib $ 0.0742 $ 6.00 Liquor Hutch $ 0.0814 $ 6.00 Oakland Cemetery $ 0.0993 Parks Offices $ 0.0949 Police $ 0.0790 Rec Center $ 0.0742 $ 6.00 WWTP $ 0.0743 $ 6.00 Water Treatment Plant $ 0.0743 $ 6.00 Confidential & Proprietary Information of Ameresco, Inc. C) GO) Page 36 Table D1 -A Table D2 Sarin CateQ4 Etacpice 4^ kWIF` ECiChkek kV.. Jan -09 589,828 1,422 Feb-09 632,677 1531 Mar -09 587,417 1 672 Apr-09 596,376 1,408 Ma 09 424,912 1.026 Jun -09 534,644 1,311 Jul -09 550,807 1,258 Aug-09 485,199 1,261 Sep-09 511,694 1,261 Oct -09 604,543 1,323 Nov-09 542,143 1,298 Dec-09 645,588 1,402 TOTAL 6,705 828 16,170 Table D2 Sarin CateQ4 Verificatiors Method A: Partially Measured Retrofit Isolation with Agreed To Interior Lighting Improvements Values. CW -1 The power (Watts) of the existing fixtures and the power (Watts) of the retrofit fixtures will be measured. The power (Watts) of approximately 5% of the fixtures will be measured. Power (Watt) measurements will be performed with a handheld true -RMS meter. Where applicable, the measurements will be performed at a wall switch or at a circuit breaker. If it is not possible to isolate the fixtures on one switch then measurements will be performed at the individual fixture. A comparison will then be determined between the proposed and actual pre and post retrofit values. All other parameters are stipulated and savings are calculated as summarized in Attachment G. Post installation measurement will be performed one -time prior to delivery and acceptance and the measured values will be used for all calculations throughout the Guarantee Period. Method A: Partially Measured Retrofit Isolation with Agreed To VFD on the Rotors Values. WWTP -3 Existing SCADA shall provide actual trend data for equipment runtime, average VFD speed, and other equipment operation parameters. Post installation measurement will be performed one -time for a period of one month prior to delivery and acceptance and the measured values will be used for all calculations throughout the Guarantee Period. Ameresco reserves the right to use a new one month trend data period if it is determined the initial one month trend data period occurred during a higher than average flow period. All other parameters are stipulated and savings are calculated as summarized in Attachment G. Confidential & Proprietary Information of Ameresco, Inc. I U Cam) Page 37 Repair & Maintenance Savings All Repair and Maintenance Savings are agreed to and based on calculations and assumptions summarized in Attachment G. No measurement is performed. Stipulated Enerev Savings The Annual Energy Savings identified in the table D3 below are Stipulated Savings documented by the calculations and methodologies described in Appendix G. CUSTOMER agrees that the Stipulated Savings are deemed satisfied upon installation of the related FIMs and the Stipulated Savings shall not be measured or audited. Table D3 Description Stipulated Energy Savin CW -1: Interior Lighting Improvements $0 W WTP -3: VFD on the Rotors $0 Total Annual Stipulated Energy Savings $0 Calculation of Annual Energy Savings Deviation Item D -1 (D- l)Total Guaranteed Energy Savings Item D-2 (D- 2)Total Measured Energy Savings Item D -3 (D- 3)Total Stipulated Energy Savings Item D -4 (D -4 = D-2 plus D-3) (D4)Total Actual Energy Savings Item D -5 (D -5 = D-4 minus D -1) (D -5) Savings Deviation $ $29.871 If the Savings Deviation (Item D -5) is greater than or equal to zero, the Annual Guaranteed Savings Amount shall be deemed satisfied for the Guarantee Period. If the Savings Deviation (Item D -5) is negative it shall be deemed the annual shortfall. The annual shortfall for the first year shall be considered the annual shortfall for the following years until completion of the Scope of Services. Ameresco shall pay CUSTOMER the Savings Deviation (Item D-5 in Exhibit D) amount each year until the guarantee period is complete, or at Ameresco's discretion, shall install additional FIM(s), or make other changes agreed to by CUSTOMER, at Ameresco's cost, in order Confidential & Proprietary Information of Ameresco, Inc. I C (D) Page 38 to achieve the Annual Guaranteed Savings Amount as set forth in the Agreement. Date completed Confidential & Proprietary Information of Ameresco, Inc. ) (Ja) Page 39 REPAIR & MAINTENANCE SAVINGS The Annual Repair & Maintenance Savings identified in the table below are Stipulated Savings documented by the calculations and methodologies described in Attachment G. CUSTOMER agrees that the Stipulated Savings are deemed satisfied upon installation of the related FIMs and the Stipulated Savings shall not be measured or audited. Description Stipulated Repair FIM CW -l: Interior Lighting Improvements & Maintenance FIM W WTP -3: VFD on the Rotors Savings CW -1: Interior Lighting Improvements $2,700 Total Annual Stipulated Operational Savings $2,700 PROJECT COMPLETION LOG Table D4 Sub-project Tasks Completion Date FIM CW -l: Interior Lighting Improvements FIM W WTP -3: VFD on the Rotors Notes (special instructions etc.): Items furnished to CUSTOMER upon accepting this Delivery and Acceptance Certificate: ❑ Receipt of owner's manuals; sets. ❑ Receipt of instruction and training; ❑ Completion of inspection and walk - through. ❑ Receipt of warranty information. The aforementioned Project is hereby completed to the standards set forth in the Agreement denoted above and to the satisfaction of CUSTOMER. CUSTOMER By: Title: Date: CUSTOMER accepts the pre- and post- construction savings measurements as set forth in the Delivery and Acceptance Certificate and agrees that all Guaranteed Savings have been satisfied and that the Work identified in Attachment B is complete. Confidential & Proprietary Information of Ameresco, Inc. ' d < <�,-) Page 40 CUSTOMER assumes possession thereof on CUSTOMER I By: I Title: I Date: I Note: The Ameresco Project Manager may modify this project completion log to allow for the sign -off and turn-over of individual FM work scope items as they are completed rather than waiting until entire project is 100% complete. Confidential & Proprietary Information of Ameresco, Inc. Page 41 ATTACHMENT D u PERCENT COMPLETE ACKNOWLEDGEMENT CERTIFICATE Customer hereby acknowledges receipt and acceptance of the portion of the Facility Improvement Measure (the "FIM ") described in Attachment B to the Energy Services Agreement (the "Agreement ") dated , 2010 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 FIM(s) are _ 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 FIM's described in Attachment B, and the Notice to Proceed, hereto is $ Date Accepted by Ameresco: Accepted for: AMERESCO, INC. Accepted by: Name: Title: Confidential & Proprietary Information of Ameresco, Inc. ice- c) Page 42 ATTACHMENT D (2) CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT NAME & ADDRESS: PROJECT NO.: CONTRACT DATE: DESCRIPTION: The installation of [list each FIM being accepted with this certifta ] under the Agreement has/have been reviewed and found to be substantially complete. The date of Substantial Completion of the forgoing FIM(s) is hereby established as: SUBSTANTIAL COMPLETION The date of Substantial Completion of an FIM is the date certified by Customer when such FIM is sufficiently complete in accordance with the Agreement so that Customer derives beneficial use thereof. The Substantial Completion date set forth above is the date of commencement of applicable warranties for such FIM(s), as required by the Agreement. 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 I�l dIA (type or print) CUSTOMER: [CUSTOMER [ADDRESS[ DATE: AUTHORIZED DATE: NAME: (type or print) Attach additional page(s) as necessary. Number of pages attached Confidential & Proprietary Information of Ameresco, htc. Page 43 ATTACHMENT E NOTICE TO PROCEED 2010 Executive Vice President and General Manager - Midwest Region 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 ' 2010, 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 4 of the Agreement. Sincerely, City of Hutchinson 111 Hassan St SE Hutchinson, MN 55350 Signature Print Name Title Confidential & Proprietary Information of Ameresco, Inc. Page 44 ATTACHMENT F CHANGE ORDER FORM (Request & Agreement for change in Plans and/or Specifications and/or Contract) Change Request No.: Customer: Department: Project No.: Contract No.: Site: Title: 1. REQUEST Date: (a) Requested by: (b) Description of change: 11. AMERESCO'S AGREEMENT 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) (_xc) 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 Ameresco: by: Date:_ (name and title) (signature) CUSTOMER APPROVAL: Date: Contract Award Customer Previous Deductions Previous Deductions Net Total By_ This Change Total Title: is requested. S S S S a a Confidential & Proprietary Information of Ameresco, Inc. I '-<L) Page 45 ATTACHMENT G METHODOLOGY OF CALCULATING SAVINGS The methodology used for projecting savings resulting from the implementation of the project is summarized in the following equation: Total Annual Savings = Annual Energy Savings + Annual Maintenance & Repair Savings + Long Term Operational Savings Where: Total Annual Savings = The total annual savings associated with implementation of the project. Annual Energy Savings = The total annual savings associated with reduction in energy and utility consumption as a result of implementation of the project. Annual Maintenance & The total annual savings associated with reduction in operations, maintenance Repair Savings = and repair related expenses, including the reduction in deferred maintenance liability, as a result of implementation of the project. Long Term Operational The total annual savings resulting from capital replacement expenditures that are offset by the City as a result of implementation Savings = of the project. Measurement and Verification (M &V) involves two components: (l) verifying the ability of the project to generate all the projected savings; and (2) measuring actual performance of the project against the established baseline(s). These baselines are developed from a rigorously derived end - use analysis and historical energy consumption data. There are a variety of ways to accomplish the two primary M &V tasks. Techniques range from stipulating all factors affecting Facility Improvement Measure (I" performance to installing extensive, highly accurate metering systems. When deciding the appropriate level of sophistication for a particular plan, factors such as complexity of the measure, expected magnitude of savings from the measure, and the customer's aversion to risk all weigh upon the decision. In an effort to aid agencies in gaining an understanding of measurement and verification, an international guideline was established. Ameresco bases all of its site - specific measurement and verification plans on the International Performance Measurement and Verification Protocol (IPMVP). The general approach to determining energy savings in these plans involves comparing the energy use associated with a facility, or certain energy consuming systems within a facility, before installation of the FIM (baseline) and after installation of the FIM (post - installation). In general: Energy Savings = Baseline Energy Use) — Post Installation Energy Use) Confidential & Proprietary Information of Ameresco, Inc. + G Lam, Page 46 Energy Cost Savings The Annual Energy Savings are calculated as set forth herein. The following table is a summary table. Note that the total calculated energy savings set forth in this Attachment G is projected to be greater than the annual energy savings included in the total Annual Guaranteed Savings Amount. Energy Savings Summary: `; DescsiM Interior Lighting I WWTP -3 I VFD on the Rotors 1 100,135 1$ 7,436 1 1 1 Confidential & Proprietary Information of Ameresco, Inc. Page 47 Calculation of Savings From Non - Lighting FIMs (Non- Lighting Savings) VFD on the Rotors tWWTP -31 Waste Water Treatment Plant Rotors VFD Addition Energy Calculations - Variable Frequency Drives Optimization 513.112 Year Hours Old Pump Total Total % Flow % Flow Hp kW Exist BASELINE Pump Energy KWH Proposed Pump Run KWH Savings Pump Energy KWH See Table Above 1780 izu.0 Dmul lUU701 100% 103090.9 103090.9 0 7000 120.0 58.0 iuu%l 90% 410020.8 309885.8 100,135 513.112 1 412.977 1 100,1 35 $38 102 $30 B68 $7 438 Assumptions 1 Measured KW is the Pump Motor energy. 2 Heating Breakeven /Lockout Temperature = 50 deg F See Table Above ...PRESENT HRS/WK OF SYSTEM OPERATION (HVACHttb) See Table Above ...HRSIWK OF ACTUAL BUILDING OCCUPANCY (HRSOCC) 52 ... WKSNR OF AIR SYSTEM OPERATION (WPY) See Table Above ... Measured KW / Data Logger KW (FANKW) $0.0743 ...ELECTRICITY UNIT ($) COST/KWHR (ELECCOST) 40% ...Minimum Flow/Speed CALCULATIONS PUMP CURVE EQUATION = 0.9101 x %Flow A 3 + 0.0997 PUMP ENERGY COST ($NR.) = PUMP ENERGY' ELECCOST Confidential & Proprietary Information of Ameresco, Inc. c-,- Lc� Page 48 Calculation of Savings from Lighting FIMs (Lighting Savings) LightingSavings = Baseline — Postlnstallation Baseline= Z (kW,,. x Hrs... x $ kn) /kmm Postlnstallation = Z (kW. x Hrs.,. x $ kWh) ftx m Where: • kWBm = Base fixture kW, as per lighting audit calculation • kWrft, = Retrofit fixture kW, as per lighting audit calculation • HrsBase = Base fixture operating hours, as per lighting audit calculation • Hrs. = Retrofit fixture- operating hours (usually these will equal base hours), as per lighting audit calculation • $/kWh = Unit cost of electrical energy See attached Exhibit 1 to this Attachment G, (Lighting Survey and Audit). Operational Savings Average usage based on a two year average of product or maintenance usage. 2008 2009 Average Lighting 1 $ 3,1421 2,259 1 $ 2,700 VFD for Rotors 1 $ - I $ - I $ Confidential & Proprietary Information of Ameresco, Inc. 1 Page 49 ATTACHMENT H DAVIS-BACON ACT REQUIREMENTS The provisions of the Davis -Bacon Act (the "Act "), which is codified at Subchapter W 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 as 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 l(bx2) 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 (axl)(iv) 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(ax4). 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 work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(lxii) 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 Confidential & Proprietary Information of Ameresco, Inc. Page 50 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 (aXiXii) (B) or (C) of this section, shall be paid to 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 Confidential & Proprietary Information of Ameresco, Inc. Page 51 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 l(bx2)(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(axl)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I(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 Confidential & Proprietary information of Ameresco, Inc. Page 52 of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii) (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 WE-347 is available for this purpose from the Wage and Hour Division Web site at httpJ /www.dol.gov /esa/whd/forms/ wh347instr.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)(3xii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (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 Confidential & Proprietary Information of Ameresco, Inc. Page 53 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 WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3xiixB) 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 (ax3xi) 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 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 Confidential & Proprietary Information of Ameresco, Inc. ' ` (2) Page 54 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. (ii) 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 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 COgeland Act Requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. Confidential & proprietary Information of Ameresco, Inc. page 55 (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 contractors 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(ax 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, l8 U.S.C. 1001. (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, for Unoaid Waggs• Liquidated Damages. In the event of any violation of the clause set forth in paragraph (bxl) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In Confidential & Proprietary Information of Ameresco, Inc. Page 56 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 (bxl) 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 (bx 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 (bx2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (bxl) 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 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 Confidential & Proprietary Information of Ameresco, Inc. � b ca) Page 57 subcontractor will permit such representatives to interview employees during working hours on the job. Confidential & Proprietary Information of Ameresco, Inc. 1-b U`-) Page 58 AMERESCO� Sreen . Clean . Sustainable Anderson lakes Center 3855 West 78th Street, Suite 310 Eden Prairie, MN 55344 P: 952 942 5142 F: 952 942 5421 rmeresco.com t. ,f,» Project Summary The Project includes a comprehensive city-wide lighting retrofit. The Lighting Survey Process included a building -by- building, fixture -by- fixture audit, resulting in a new fixture and lamp schedule. This will assist the City in the standardization of lighting systems and lower operating and maintenance costs. The Lighting Overview table summarizes the improvements and their benefits. Many of the lighting fixtures will be improved to provide better or the same quality of lighting with reduced energy consumption. A number of existing fixtures are in need of replacement or improvement, and this project will assist in addressing some of that need. In addition, Ameresco will be providing engineering and installation of Variable Frequency Drives for rotor motors at the Wastewater Treatment Facility. Non -Grant Scope This includes lighting improvements at the Fire Dept., Cemetery, Park & Rec Offices and Shops, Rec Center, WTP and W WTP. In addition to energy savings, including these sites in the project will have other benefits to the City (see City-Wide Lighting Scope Overview and Benefits). Many of the lighting systems are obsolete, i.e., T 12 systems, or past normal service life and are in need of replacement. Other benefits include reduction in operating and maintenance costs, city-wide standardization of energy efficient lighting systems, better light distribution and levels and some aesthetic improvement. The types of lighting in these facilities are very similar to those included in the grant projects. Run time estimates, some conversions to vapor tight fixtures and outdoor site lighting were some of the contributing factors of these facilities not being eligible to receive grant funding. Praiect Comnarison Table Scope of Work Total Project Grant Projects Non Grant Work Total Project Cost $340,614 $258,218 $82,396 Construction Costs ** $269,183 $204,067 $65,116 Project Fees ** $71,431 $54,152 $17,279 Grants $(139,054) $(139,054) $0 Rebates* $(27,600) $(21,794) $(5,806) City Funding Share $173,960 $97,370 $76,590 Energy Savings (guaranteed) $32,571 $28,926 $3,645 O &M Savings $2,700 $2,153 $547 Simple Payback (Energy Savings) 5.3 3.4 21.0 Energy + O &M Savings Payback 4.9 3.1 18.3 Detailed Study * ** $34,500 NA NA *The rebate amounts are estimates based on calculated reductions in energy use. Project must be completed before application for the rebates can be completed and is only rebate eligible during the same calendar year. * *Costs are relative to information provided in Ameresco's Project Summary provided at 8 -24 -10 Council Meeting ** *The City is responsible for the full cost of the Detailed Study per the Project Development Agreement dated 10/14/2009 �C) cc-) Confidential Pagel 11/3/2010 FrV�] 1 City of Hutchinson - City Wide Lighting Scope Overview and Benefits cant Apphcaliuv ,� o� . dP ASV e� Da cripw. .I}° 4`P 0"a 130 Notes #2 A.Wa Rpl, 175W MH h, W fixture with new T-8 Ip fixture X X X X X Install new 28 Watt Lars maxis T-8 Fim X X x Q m S.. X X X X as 40OW MH fixture uith nro Hmh By fixture X X X X X #2 City CmWr Insult ntw 28 Watt T -8 Fixnues X X X Ckcu Sensors X X X X U -mbe fixtures with T lam X X X !Che, r Bulbs xe incandeurnt dowv n with CFL X X X X Reo. .mu MH recessed cros down Iiht fixtures with CFL recessed cros X X X X aze =dng Ent s' with new LED Exits fixtures X X x X X #2 Ice Aram Install new 28 Watt Im, in evstn '1' -8 Fimues X X X a„ Semen x x x x Rqiue exis - T12 s with new 28W T81 and ba8xt X X X X X 250w 1,111 Low Bap fixnues with TS V r Twht fixtures x x x X X Rqi,e ens qng Ent sl with new LED Ent s fimues x x x x x #1 Creek Side Imbll new 28 Watt Lam s m ens T -8 Firtuses X X X Occu Sensors X X X X 400W MI[ i us W finuce with new T-8 8larn figure x X X X X #1 Evrntt Crn[a hunll new 28 Watt Lams in exis - T -8 Fish X X X (tau Sensors I X X X X #1 Eveagml Dinnin8 Install new 28 Wan a in ens T -8 Fixtures X X X X X X X aze axis T12 Iys with new 281X' T8 lamp, a d ballast X X X X-1 X e inemdescmt down hghm with CFL I X X X X Not Fire Station T121am with nea- 28W T8lamps and ba8ast X X X X X Submi[Md xe mcandexen[ down is with CFL 1 x x x X #1 HATS hutall new 28 Watt llums N axis' T -8 Fixnl X X X 0. Sauon X X X I I X Feoue 40OW MH us Fixaue with new'r 8 Iam p Future X X X X 1 1 X RwI, b with new 28W B1 sassd ballast X X X X I X e ens dM Ent s" s with new LED Ent s' futures X X X X X 300w Hal Flood 10ft n Truck Wash Area wills 150w • , on Wall Pxks X X X #1 L6rary IvstaB neap 28 W'a[t Laps Ixps N ens' T -8 Fix . X X X you X X X X RqA,. 40OW MH hkgh us W Future with new 320W PSMlI finure X X AMERESCO Confidential 9/1/2010 Page 1 City of Hutchinson - City Wide Lighting Scope Overview and Benefits cant APPIx.n. 3 p `' Lkjitig Descri uon .t3 �r Notes #1 liquor Hutch Install. 28 Watt Lam m esisun T -8 Fixtures X X X s T121am with new 28W T8lamps and ballast X X X X X CFL HM E.. with new 4'— 4 lunp TBHO fluorescent HiiB forums X X X X X Not Oakland llmstall Submitted Cemetery row 28 Wan Lamps in enstin T -8 Fixtures X X X tun ndescast down hgha with CFL lams X X X X e exuarW TI2l with new 28W T8 lans,u and ballast X X X X X Not Pack and Install new 28 Wan Lam m exiatin 7 -8 Fixures X X X Submitted Rec OEfiws Oca Senmrs X X X X mcandcscent down Ihts with CFL lam X X X X T12 lam,n with new 28W 1'e lansn and ballast X X X X X #1 Police Imtalt new 28 Wan Lam T -8 F'i es X X X Department Onustaney Sensors X X X X hrcmdesmtt down awith CFL lams X X X X R,O.. ens un, T12 lam with new 28W T8 lam,n and ballast X X X X X Dclamp Fixtures X X X Not Recreation Install new 28 Wan Lamps at es =X T -8 Fawres X X X Submitted Center Semors X X X X Replace uirnndtscent down liglus with CFL I X X X X cmun, T12 I=M with new MW IS lam,n and ba8ut X X X X X ace ens' ww U -tube fixtures with 2'1,T, X X X Cheapef Bulbs Replace esasung open RLM fixtures with new IT 3 lamp T8 direct/ indirect suspended futures X X X X X Exisung CFL lace existing 12' decorative poles and fixture heads with new 18' — single 250w MH future X X X pushes lighting into parkinjZ lot Replatv existing 12" s ux a 150w MH surface ftxtute az entries with new surface mount 70w PSh[H X X X X X Not WTP Ima8 rew28 Watt Lam mess' T -8 Futums X X X Submitted O. Benson X X X X Not W% P Imall new 28 Wan Ism is esim T -8 Fixtures X X X Submitted Om S.. X X X X eris' T12 lamps with new 28W T8 lamps and ballast X X X X X Replace Wall asks with 70W HPS with full cutoff and photo cell X X X X X X improved control of fixture 150w MH Low Bay fixtures in lower Level with T8 HO Fluorescent Va or T` ht fixtures X X X X X X color tendering im rovement 250w IiPS Low Bay fumes in Lower Level with T8 HO Fluorescent Vapor Tight fixtures X X X X X X color rendering rovement for safely n AMERESCO Confidential 9/1/2010 Page 2 Hutchinson An Economic Uevelopmenr Authority MEMORANDUM Date: November 2. 2010 To: Honorable Mayor & City Council From: Miles R Seppelt Economic Development Director RE: Sale of land to Warrior Mfg and Purchase of land from Warrior Mfg Backaround Warrior Manufacturing has requested that the City buy back the 10.5 acre lot it purchased from the City in December of 2009. In its place. Warrior is seeking to purchase the 3.18 acre lot to the east of their current facility. Purchase from City Warrior has determined the 10.5 acre lot ultimately was too big for their needs and that the 3.18 acre east lot would be a better fit for the company's future growth. The EDA Board of Directors and the EDA Finance Team have reviewed this transaction thoroughly and are recommending and requesting City Council approval. Other Considerations • Agreeing to this transaction will help facilitate Warrior's expansion plans. • The 10.5 lot the city would acquire will be highly desirable from a development perspective. • When the 10.5 acre lot is sold in the future, those funds will be returned to the Community Improvement Fund. • Warrior Mfg. has met and greaUy exceeded its job creation and wage requirements: Requested Action Enclosed in your packet is a resolution authorizing and directing the following actions: 1) Authorizing the sale of 3.17 acres of city land to Warrior Manufacturing for $40,000 per acre, totaling $127,113.88 2) Authorizing the purchase of 10.49 acres of land from Warrior Manufacturing for a total of $206,976 and payment of assessments on said land in the amount of $108,024. These together total $315,000. 3) Authorizing the use of approximately $187,885 from the city's Community Improvement Fund (CIF) to complete this transaction. 4) Directing City staff to take such actions as necessary to give effect to this resolution. I will be in attendance at the November a City Council meeting to make a short presentation and answer any questions you may have. In the meantime, if you have any questions or need additional information, please give me a call at 234 -4223 at any time. Thank you for your time and consideration. b C -6) Jobs Wages Total Compensation Goal 10 $9.301 hour 1 $10.23 / hour Actual 38 $15.41 /hour 1 $18.58 /hour Requested Action Enclosed in your packet is a resolution authorizing and directing the following actions: 1) Authorizing the sale of 3.17 acres of city land to Warrior Manufacturing for $40,000 per acre, totaling $127,113.88 2) Authorizing the purchase of 10.49 acres of land from Warrior Manufacturing for a total of $206,976 and payment of assessments on said land in the amount of $108,024. These together total $315,000. 3) Authorizing the use of approximately $187,885 from the city's Community Improvement Fund (CIF) to complete this transaction. 4) Directing City staff to take such actions as necessary to give effect to this resolution. I will be in attendance at the November a City Council meeting to make a short presentation and answer any questions you may have. In the meantime, if you have any questions or need additional information, please give me a call at 234 -4223 at any time. Thank you for your time and consideration. b C -6) ORDINANCE NO. 10 -0662 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY TO WARRIOR MANUFACTURING, LLC; PURCHASE OF LAND FROM WARRIOR MANUFACTURING, LLC AND USE OF COMMUNITY IMPROVEMENT FUND THE CITY OF HUTCHINSON ORDAINS: Section 1. Warrior Mfg. has greatly exceeded its job creation and wage goals and is a valued corporate citizen of the City of Hutchinson and Warrior Mfg. has significant potential for future growth, which this transaction will greatly facilitate. It is in the interest of the City of Hutchinson to promote industrial expansion. The acquisition of a 10.5 acre lot from Warrior Mfg. will aid the City of Hutchinson in the recruitment of additional companies to the industrial park and funds utilized from the Community Improvement Fund will be repaid with the future sale of industrial park lots. Section 2. The City Administrator, Gary D. Plotz, or his designee is authorized to sign any and all documents on behalf of the City to effectuate the closing of this transaction. Section 3. THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, HEREBY AUTHORIZES AND DIRECTS THE FOLLOWING: 1. Sale of approximately 3.18 acres of industrial park land (Lot 1, Block 4, Energy Park North 2 "d Addition) to Warrior Mfg. for approximately $127,113.88. 2. Purchase of approximately 10.5 acres of land (Lot 1, Block 3, Energy Park North 2 "d Addition) from Warrior Mfg. for approximately $206,976 and payment of assessments in the amount of approximately $108,024. 3. Use of approximately $187,885 from the City's Community Improvement Fund to complete this transaction. 4. City staff shall take such actions as necessary to give effect to this resolution. Section 4. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 23`d day of November, 2010. ATTEST: Gary D. Plotz Steven W. City Administrator Mayor )t�,(.b) Resolution No. 13804 A Resolution Designating a Portion of the City's General Fund for the Purpose of Additional Mosquito Spraying Whereas, the City of Hutchinson ( "City ") has established a mosquito spraying program to protect the health and welfare of the city's residents and; Whereas, the residents of the city have previously authorized a separate tax levy for the purposes of funding a program for the application of chemicals to kill mosquitoes and their larvae within the city; and Whereas, that said levy provides the city with $35,000 per year for mosquito control purposes; and Whereas, in the past year the City has had to expend more than $35,000 to effectively control mosquitoes and anticipates that it may need to spend more than $35,000 per year in the future for that control; and Whereas, the City desires to supplement the monies obtained through the mosquito spraying levy to provide for additional spraying applications as deemed necessary by City officials; and Whereas, the City deems it proper to separately designate monies that may be needed for these additional applications. Now, Therefore, Be It Resolved by the City Council of the City of Hutchinson: 1. That $15,000 from the City's general fund be designated for additional mosquito spraying applications. 2. That monies so designated shall not be used for mosquito prevention purposes unless and until monies inuring to the City through the mosquito spraying levy are exhausted. 3. Disbursements from the monies designated shall be approved by the City Administrator. The City Administrator shall notify the City Council of any disbursements of these monies. 4. The monies so designated be allowed to be modified, eliminated, or transferred as permitted by city regulations and policies or as the City Council may direct. Adopted by the City Council this ATTEST: day of 12010. Gary D. Plotz, City Administrator Steven W. Cook, Mayor IpCC-) Policy No. 3.23 CITY OF HUTCHINSON POLICY - City Council - CONFERENCES & SEMINARS - OUT OF STATE DATE 1988:1995; updated 2010 SOURCE ADMINISTRATION When possible, requests to attend out -of -state conferences shall be made during the preparation of the annual city budget, since the council must approve all requests for out -of -state travel. Frequency of attendance shall not exceed once every other year. In the event an additional 'outstanding" conference or seminar presents itself, the council may use its discretion in considering the request. Furthermore, a written summary of the objectives met at the seminar shall be directed to the City Administrator to highlight the content of the conference. This policy shall not apply to out -of -state travel within a 450 -mile radius of the city not exceeding one overnight stay for business purposes including quality control marketing, new product development equipment evaluation and customer development and service for Creekside Soils. However, Creekside out -of -state travel is subject to approval by the City Administrator. 10 Lb Resource Allocation October 5,2010 4:00 4:00 PM Committee Hutchinson City Center Attendees: Steve Cook, Bill Arndt, Gary Plotz, Jeremy Carter, Kent Exner (Committee Members) Dolf Moon, John Olson (Contributing Participants) Meeting Minutes Street Lighting Policy — review installation guidelines and potential Street Light Utility Fee John O. provided an overview of potential Street Light Utility Fee structures. Members of the RAC agreed that further study of this item would be appropriate with a focus on comparable Cities' street lighting policies (especially those with municipal electric utilities). At this point, the RAC determined that this topic could be examined in late 2011 to determine potential benefits and associated costs. However, City staff asked that the street lighting installation/maintenance guidelines be brought to the City Council in the near future to allow for consistent project implementation and maintenance budgeting to occur. Steve C. mentioned that a future City Council workshop could be scheduled to address this topic and others such as trail construction/maintenance. 2. 2010 Construction Program Review— review project status - Kent E. provided a brief overview of the current 2010 construction program. Several projects such as Washington & Adams Reconstruction and Sherwood St. SE Extension continue to be constructed into the fall months. Both of the previously mentioned projects are anticipated to be completed within the currently stated contract dates (interim and final). The RAC discussed the status of the Crown Addition development and associated public infrastructure improvements. During the discussion, Steve C. questioned the need to utilize Municipal State Aid funds to construct Montana St. NW and Jeremy C. asked if deferring assessments for the construction of Minnesota St. NW is appropriate. Kent E. noted that both questions can be further analyzed as the Crown Addition Subdivision Agreement is prepared and approved by the City Council. 3. Other Discussion John O. mentioned that further mosquito control costlbenefit analysis information can be provided upon request. Steve C. inquired on the status of arranging a meeting with a wind energy consultant to review the city-owned property south of 51" Ave SE. City staff has tried to contact the respective consultant and will continue to do so. 1 Lc�J Resource Allocation November 2, 2010 4:00 PM Committee Hutchinson City Center Attendees: Steve Cook, Bill Arndt, Gary Plotz, Jeremy Carter, Kent Exner (Committee Members) Dolf Moon, John Olson, Dan Jochum, Miles Seppelt (Contributing Participants) Meeting Minutes 1. 2011 Construction Program Review —review preliminary list and potential schedule /sequence Kent E. provided the 112011 Improvement Projects" list along with a brief review. Discussion relating to the School Rd. NW Reconstruction project included the potential improvement assessment rate (possibility of $30/FF) and the existing setback distance of the houses near Miller Woods. Also, the idea of administering an alternate bid to address the Energy Park Bituminous Wear Course Placement project within Letting No. 2 was reviewed. Per City staff input, this approach would allow for funding flexibility, but not addressing this work in a timely manner could result in damage to the new concrete curb /gutter. Regarding anticipated project administration schedules, Kent E. stated that the School Rd. Reconstruction and Plaza 15 Parking Lot Improvements would be started as early as December with the Industrial Blvd. SE Improvements, PMP Ph. I and TH 15 Water Main Lining projects following sometime in February or March. Water and Wastewater Utility projects would be addressed later in 2011 to determine fund balances and financing options at that time. The Municipal State Aid project(s) within Letting No. 9 will be evaluated as potential development feedback is received by City staff. Downtown Parking Lot Improvement District — review initial analysis and feedback Kent E. provided and reviewed extensive downtown parking lot information prepared by City staff. This information included downtown area drawings, potential improvement cost estimates and funding schedules, past parking lot assessment formula, and past assessment rolls. This information was utilized by Miles S. to gather general feedback from the Hutchinson Downtown Association with respect to creating a Downtown Parking Lot Improvement District with associated fees/assessments. Per Miles S.'s meeting summary, the consensus was that there is an apparent need to maintain/improve existing parking lots, the City should wait at least one more year prior to implementing this program, the City should fund at least 50% of the improvement costs, the downtown district boundaries should be reexamined, certain parking lots should not be assumed to benefit the downtown businesses, and the assessment criteria should match what was used for past parking lot assessments. City staff stated that Parking Lot B should be addressed in 2011 to benefit from potential economies -of -scale if paired with the Plaza 15 Parking Lot Improvements project. The RAC agreed that proceeding with the Parking Lot B project should be done and that the City should determine an assessment criteria that accounts for benefitting properties to the west (Hutchinson Public School District) and south (business/apartment private property). 3. TH 15 Water Main Lining— review lining project status and comparison to open -cut replacement - Kent E. reviewed a memo prepared by SEH in regards to the water main lining bids received in August. Noted within this memo were several reasons why the City of Hutchinson's share of this cooperative agreement project exceeded SEH's final cost estimate (approximately $520,000) by about 30 °/u to result in a bid price of $683,687.60. Also, SEH states that the City of Golden Valley and other cities intend to administer another cooperative agreement project in early 2011 and that lower bid prices are expected based on feedback from qualified general contractors. Kent E. explained that City staff has completed an extensive preliminary design and cost estimating effort in regards to the potential of an open -cut water main replacement project. Based on feedback from Mn/DOT and an area contractor, City staff estimates that an open-cut project would cost approximately $836,000. Due to the substantial difference in cost estimates, the RAC agreed that the City should only proceed with the water main lining project bid process at this time. If the lining bids are significantly higher than expected in early 2011, City staff and the RAC may make a recommendation to examine other project delivery options to the City Council. Due to this project not being completed/funded this year, the RAC agreed that the 2010 bonding target savings could he used in 2011 to potentially increase future G.O. bond funding per City Council approval. 4. Wind Energy Discussions — review recent discussions and potential staff involvement/coordination - The RAC briefly reviewed recent meetings and feedback regarding potential wind energy sites/alternatives. City staff will be arranging meetings with two wind energy consultants to address preliminary project feasibility/scoping discussions. 5. Other Discussion I I La-) Weed Notices Monthly Report October 2010 Monthly Summary of Weeds/Tall Grass Noncompliance A summary of weed notices sent to properties not in compliance with Chapter § 92.35 Weed Ordinance, of the Hutchinson City Code of Ordinances can be found below. Seven (7) business days were given to those receiving notice to remove weeds /tall grass on their property. Number of properties that received a removal notice 5 Number of properties cleared by City order 2 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 PIO Korey J S Lori Denier 528 Kay St 01.118 -30 -11 -0420 528 Kay St SW SW Hutchinson, MN 55350 Home State Bank 745 Hwy 7 West 225 Hwy 7 W Hutchinson, MN 55350 31- 117 -29 -12 -0250 Louis & Delores Brunner Trust 988 Hayden Ave SW 301 4th Ave NW Hutchinson, MN 55350 31- 117 -29-12 -0120 Michael W Saxton 7300 Metro 1178 Blackhawk Or SW Blvd k 380 Minneapolis, MN 55439 12- 118 -30 -08 -0030 Convenience Spore Investments 1828 Oak St 1320 Montreal St SE LaCrosse, WI 54803 07- 118 -29 -12 -0110 I (!--,) f RA Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, September 21, 2010 7:00 AM Minutes CALL TO ORDER: Chairman Joel Kraft called the meeting to order. Members Present: Bill Arndt, LaVonne Hansen and Ruth Kimball. Staff Present: Jean Ward and Judy Flemming. 2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON AUGUST 17, 2010 LaVonne Hansen moved to approve the Minutes of the regular board meeting as written. Ruth Kimball seconded and the motion carried unanimously. 3. FINANCIAL REPORTS Ruth Kimball moved to approve the City Center General Fund payments of $40,981.23 for checks 7663 to and August 2010 Financial Statements and Park Towers payments of $160,273.79 for checks 11252 to 11292 and July 2010 Financial Statements. LaVonne Hansen seconded and the motion carried unanimously. 4. PARK TOWERS UPDATES a. FYI: New Logo Design b. Ruth Kimball move to approve Change Order #2 Parking Lot Improvement Project $990 to remove encroaching trees for sidewalk work. Bill Arndt seconded and the motion carried unanimously. c. LaVonne Hansen move to approve Resolution 410 -10 Approving 2011 Park Towers Budget. Ruth Kimball seconded and the motion carried unanimously. d. Bill Arndt moved to accept Weatherization Work at Park Towers for New Boilers and a Hot Water Heater in the amount of $130,970.00 and Authorization to Execute Contract. LaVonne Hansen seconded and the motion carried unanimously. e. Bill Arndt moved to set the Public Hearing for November I6`h at 7:30 A.M. City Center Main Conference Room regarding any changes to the public housing goals, objectives, and policies. LaVonne Hansen seconded and the motion carried unanimously. NE NEIGHBORHOOD UPDATE Bill Arndt moved to approve NEN SCDP Loans #8683 -8 Damlow, 8683 -9 Zackrison, 8683 -10 Dammann and 8683 -11 Rea contingent to the Loan Review Committee's approval. Ruth Kimball seconded and the motion carried unanimously. HHPOP UPDATE Ruth Kimball moved to approve Schultz Existing Home CASA, HRA Entry Cost Loan contingent to the Loan Review Committee approval. LaVonne Hansen seconded and the motion carried unanimously. SCHOOL CONSTRUCTION PROGRAM 1116 LEWIS AVE UPDATE Jean Ward updated the Board on the proposed closing date of October 151h. September 21, 2010 Minutes Page 1 of 2 t I (C) 8. CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH HUTCHINSON IDS FOR 2010/2011 SCHOOL YEAR Ruth Kimball moved to approve the Memorandum of Understanding with Hutchinson IDS for 2010/2011 school year. LaVonne Hansen seconded and the motion carried unanimously. 9. CONSIDERATION OF BUDGET FOR 755 MILWAUKEE AVE SW Bill Arndt moved to approve the budget for 755 Milwaukee Avenue SW along with authorization for the Executive Director to enter into a purchase agreement with a purchase price up to $65,000. Ruth Kimball seconded and the motion carried unanimously. 10. OTHER - FYI a. Planning Staff Meeting Agenda b. Foreclosure Update c. MHFA Energy Rebate Program coming back September 30, 2010 11. ADJOURNMENT Bill Arndt moved to adjourn and Ruth Kimball seconded. There being no other business, Secretary/Treasurer Becky Felling declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director Hansen, Secretary /Treasurer September 21, 2010 Minutes Page 2 of 2 C