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cp08-08-2017
HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, AUGUST 8, 2017 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, input from constituents, and other questions or information that has notyet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections 2. INVOCATION — Riverside Assembly of God Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou have a question, concern or comment, please ask to be recognized by the mayor — stateyour name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals.) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of July 25, 2017 CONSENT AGENDA (The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Reaffirmation of City of Hutchinson Data Practices Policies (b) Consideration for Approval of Assigning $1000 "City of Excellence" Award to EDA for Tigerpath (c) Consideration for Approval of Resolution No. 14748 — Resolution Authorizing Business Development Infrastructure Application (d) Consideration for Approval of Resolution No. 14749 — Resolution Approving State of Minnesota Joint Powers Agreements with the City of Hutchinson on Behalf of its City Attorney and Police Department (e) Consideration for Approval of Resolution No. 14750 — Resolution Calling for a Public Hearing on the Proposed Adoption of a Modification to the Development Program for Development District No. 4 and the Proposed Establishment of Tax Increment Financing District No. 4-19 (f) Consideration for Approval of Joint Powers Agreement with City of Minneapolis to Provide Support for the 2018 NFL Super Bowl CITY COUNCIL AGENDA AUGUST 8, 2017 (g) Consideration for Approval to Purchase Annual Bag Film Order for CreekSide (h) Consideration for Approval of Issuing Transient Merchant License to Jodi Swaja to Conduct Clothing Sales (i) Claims, Appropriations and Contract Payments PUBLIC HEARINGS — 6:00 P.M. 8. TAX ABATEMENT HEARING ON A PROPOSED TAX ABATEMENT PROGRAM AND THE GRANTING OF A BUSINESS SUBSIDY (a) Resolution No. 14751 — Resolution Approving Property Tax Abatements for the Uponor Manufacturing Facility Project COMMUNICATIONS REQUESTS AND PETITIONS (The purpose of this portion oJ the agenda is to provide the Council with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities) 9. REVIEW OF SOUTH CENTRAL DRAINAGE AREA STUDY UNFINISHED BUSINESS NEW BUSINESS 10. APPROVE/DENY RENEWING THE CITY'S CONTRIBUTION TO THE HUTCHINSON CENTER FOR THE ARTS 11. APPROVE/DENY RESOLUTION NO. 14747 - ACCEPTING BID AND AWARDING CONTRACT FOR HOTEL SITE ACCESS ROADWAY IMPROVEMENTS 12. APPROVE/DENY REQUEST FOR PROPOSALS FOR SANITARY SEWER COLLECTION SYSTEM ANALYSIS 13. APPROVE/DENY SETTING COUNCIL BUDGET WORKSHOP FOR AUGUST 22, 2017, AT 4:00 P.M. TO REVIEW CAPITAL IMPROVEMENT PLAN GOVERNANCE (The purpose o t) 7is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 14. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS MISCELLANEOUS 15. STAFF UPDATES 16. COUNCIL/MAYOR UPDATE ADJOURNMENT 2 HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, JULY 25, 2017 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, input from constituents, and other questions or information that has notyet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Mary Christensen, John Lofdahl, Chad Czmowski and Steve Cook. Others present were Matt Jaunich, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney (a) Approve the Council agenda and any agenda additions and/or corrections Matt Jaunich, City Administrator, noted that he would like to add an item under 17.5. The City is holding a staff pool party on July 31, 2017, and that should be set as a public meeting in case there is a quorum of Council Members that would like to attend. Motion by Czmowski, second by Christensen, to approve the agenda with the addition noted. Motion carried unanimously. 2. INVOCATION — Oak Heights Covenant Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 14742 — Donation of $35,000 from American Legion for Restroom Project at VFW Park and $2,500 from Disabled American Veterans for VFW Park Bathroom Project Mr. Jaunich noted that these donations were given to the City at its last Council meeting and tonight's action is formally accepting those donations. Motion by Lofdahl, second by Cook, to approve Resolution No. 14742. Motion carried unanimously. PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou have a question, concern or comment, please ask to be recognized by the mayor — state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals.) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Workshop of July 11, 2017 (b) Regular Meeting of July 11, 2017 Motion by Christensen, second by Lofdahl, to approve minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) CITY COUNCIL MINUTES JULY 25, 2017 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Street Closure for Gasholes Car Club on August 7, 2017 (b) Consideration for Approval of Board Appointments/Reappointments 1. Mary "Eileen" Henry to HRA Board to August 2022 2. Robert Hantge to Planning Commission to March 2022 3. Reappointment of Jo Piehl to Police Commission to May 2020 4. Reappointment of Marsha Anderson to PRCE Board to May 2020 (c) Consideration for Approval of Items for City Alley 936 Improvements Project (Letting No. 13, Project No. 17-13) 1. Resolution No. 14738 — Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment 2. Resolution No. 14739 — Resolution for Hearing on Proposed Assessment (d) Consideration for Approval of Items for City Alley 952 Improvements Project (Letting No. 14, Project No. 17-14) 1. Resolution No. 14740 — Resolution Ordering Preparation of Report on Improvement 2. Resolution No. 14741 — Resolution Receiving Report and Calling Hearing on Improvement (e) Consideration for Approval of Resolution No. 14746 —Resolution Calling for a Tax Abatement Hearing on a Proposed Tax Abatement Program and the Granting of a Business Subsidy (f) Consideration for Approval of Out -of -State Travel Request for Tim Gratke and Deb Paulson to Attend Wastewater Microbiology Training in Birnamwood, WI, at the NC Lab Headquarters on August 7 & 8, 2017 (g) Consideration for Approval of Lease Agreement with Laser Dynamics for Hutchinson Enterprise Center (h) Consideration for Approval of Paint the Town Purple Event July 31 — August 5, 2017 (i) Consideration for Approval of Resolution No. 14743 — Resolution Adopting Findings of Fact and Reasons for Approval of Preliminary and Final Plat for LJM Additional and a Conditional Use Permit to Allow a Post -Frame Addition to an Existing Building for a Construction Company at 579 2nd Avenue SE in an I -C Zoning District with Favorable Planning Commission Recommendation 0) Consideration for Approval of Resolution No. 14744 — Resolution Adopting Findings of Fact and Reasons for Denial of Variance Application to Reduce the Rear and Side Setback for an Accessory Structure by Three Feet on the Property Located at 436 Hassan Street SE with Favorable Planning Commission Recommendation (k) Consideration for Approval of Resolution No. 14745 — Resolution Adopting Findings of Fact and Reasons for Approval of Variance Application to Reduce the Corner Side Yard Setback for an Accessory Structure by 13.6 Feet on the Property Located at 605 Lynn Road SW with Favorable Planning Commission Recommendation (1) Consideration for Approval of Aggregate Crushing Services (m) Consideration for Approval of Issuing Short -Term Gambling License to Hutchinson Fire Department Relief Association on September 9, 2017 2 CITY COUNCIL MINUTES JULY 25, 2017 (n) Consideration for Approval of Issuing Short -Term Gambling License to Minnesota Holstein Fresian Breeder's Association on November 18, 2017 (o) Consideration for Approval of Issuing Temporary Liquor License to St. Anastasia Catholic Church on September 9 & 10, 2017 (p) Claims, Appropriations and Contract Payments — Register A Items 7(a), 7(b), 7(d), and 70) were pulled for separate discussion. Motion by Czmowski, second by Lofdahl, to approve Consent Agenda with the exception of the items noted above. Motion carried unanimously. Item 7(a) had further discussion. Council Member Christensen mentioned that she is a member of the Gasholes Car Club and therefore will be abstaining from voting on this item. Motion by Lofdahl, second by Czmowski, with Christensen abstaining, to approve Item 7(a). Motion carried unanimously. Item 7(b) had further discussion. Council Member Cook noted that he was not familiar with one of the appointees, therefore he asked that, in the future, the mayor provide a memo with the background of his recommendations so that the council members would have more information about them. Mayor Forcier stated he would take that under consideration. Council Member Cook also noted that he had asked Mayor Forcier approximately five weeks ago about his recommendations for the Planning Commission appointment and he was informed that the mayor was considering Robert Hantge. The mayor had also indicated at that time that perhaps Mr. Hantge would only serve for one year and then Christie Hantge would be appointed to fill his spot. Mayor Forcier noted that that was contemplated, but that is not necessarily the plan at this time. The mayor noted that board and commission members are often unable to complete their terms due to work and personal reasons and their terms need to be completed by new appointees. Motion by Lofdahl, second by Forcier, to approve Item 7(b). Roll call vote was taken: Christensen — aye; Lofdahl — aye; Cook — nay; Czmowski — aye; Forcier — aye. Motion carried 4 to 1. Item 7(d) had further discussion. Council Member Cook asked for more information on the proposed alley improvements. Kent Exner, City Engineer, noted that this alleyway is in need of more improvements than expected. This alleyway runs on the east side of the ProAuto property. This alley is located south of 5th Avenue SE between Jefferson Street SE and Adams Street SE. The improvements include construction of grading, storm sewer, concrete curbing, bituminous pavement and appurtenances. The assessments will address surfacing costs. The alley actually runs onto private property and therefore staff is recommending that an easement be obtained from the property owner. Motion by Cook, second by Christensen, to approve Item 7(d). Motion carried unanimously. Item 70) had further discussion. Council Member Cook asked if the property owner was present and wanted to speak. The property owner was not present. Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that the Planning Commission voted to deny the variance request as it does not meet the practical difficulties tests. It appears the applicant may be redesigning her garage. Motion by Cook, second by Lofdahl, to approve Item 70). Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II CITY COUNCIL MINUTES JULY 25, 2017 (a) Claims, Appropriations and Contract Payments — Register B Motion by Lofdahl, second by Christensen, with Czmowski abstaining, to approve Consent Agenda II. Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. - NONE MMUNICATIONS REQUESTS AND PETITIONS purpose o tis portion o the agenda is to provi e t e ounci with information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) 9. UPDATE/PRESENTATION BY HUTCHINSON CENTER FOR THE ARTS Lisa Bergh, Hutchinson Center for the Arts, presented before the Council. Ms. Bergh provided an annual update for the Center for the Arts. Ms. Bergh noted that the CFA has 12 partner groups and has presented over 100 exhibits, performances, workshops & community events. The Hutchinson Photography Club is very active and led four field trips to locations around the state. Wheel & Cog, the children's museum, opened in July 2016 and has had 3100 visitors come through their doors by early 2017. Historic Hutchinson celebrated Hutchinson's Aeronautical history with a free community event that showcased a B52. Ms. Bergh reviewed the 2017 and 2018 visual arts exhibition series. 2000 people attended an event, exhibit or class at the CFA. Ms. Bergh also reviewed youth education that CFA provides, including eight summer classes, spring & fall after school art club sessions with 120 children served and 10% of participants benefitted from a youth scholarship/sibling discount program. Ms. Bergh also spoke of the group "HYPE 15". They are hosting an "Office Space" movie event and an October ESCAPE room. Ms. Bergh also spoke of the Creative Families Fund which is in partnership with Hutchinson Community Foundation and SWIF. The fund will provide free and reduced ticket/tuition vouchers for children and their families/caregivers to attend arts education and entertainment events hosted by the Art Center and their partner groups. Ms. Bergh also spoke of their aggressive presence through social media and updates to their web sites. Tom Wirt, CFA Board Member, presented before the Council. Mr. Wirt explained that the CFA's regional presence is in large part of Ms. Bergh. Mr. Wirt also noted that additional funding is being sought and thanked Ms. Bergh for all of her work. Council Member Cook noted that the City is a member of the CFA and has been financially supporting the CFA for the last six years. It was two three-year commitments and therefore the City needs to consider a renewal of their financial commitment. Council Member Cook asked that the consideration of renewal be placed on the next agenda. The commitment had previously been $15,000 annually as well as additional funds for specific projects. Council Member Cook suggested that perhaps the financial contribution could be increased. 10. PRESENTATION OF CITY OF HUTCHINSON FIVE-YEAR CAPITAL IMPROVEMENT PLAN ACCORDING TO CITY CHARTER SECTION 7.05 Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that this is the official delivery of the City's five-year capital improvement plan as required by the City Charter. A workshop is intended to be held on this topic on August 22, 2017, and will be discussed in more detail. Major road projects include 2018 - Century Avenue SE (Hwy 15 to Jefferson), South Grade Road (School Road to Hwy 15), 2nd Avenue Bridge, Pond project in south central drainage area; 2019 - 5th Avenue SW (Lynn Road to Ontario); 2020 - Main Street; 2021 - Dale Street. If the Council would like additional projects to be considered, they should forward any suggestions to staff. I CITY COUNCIL MINUTES JULY 25, 2017 Council Member Cook asked about energy-efficient projects that can be included. 11. DISCUSSION OF INVOCATION Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that in early June the Council had an informal discussion about the invocation that is included on the Council's agenda. At the end of that discussion, the Council had asked that this item be placed on a future agenda for a formal discussion. Council Member Lofdahl expressed that he would like time opened up for non-Christians to speak during the invocation period. He asked that the ministerial association open up two or three dates throughout the year for non-Christians to present the invocation. He wants all to feel welcome to provide the invocation and challenged the ministerial association to reach out to others. Council Member Cook reminded everyone that the intention of the invocation is to be directed to the Council. Other council members would like those giving invocations to have ties to the community. Council Member Cook provided a model statement of values that the League of Minnesota Cities had drafted. He suggested to the Council Members that they review that prior to council meetings to remind themselves of the values expected of council members. Mayor Forcier suggested that if someone is not present for the invocation, that perhaps a moment of silence can be held instead. 12. DISCUSSION OF TAX -FORFEITED PROPERTIES AVAILABLE IN HUTCHINSON Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that the McLeod County Auditor -Treasurer has contacted him about tax -forfeited land available in Hutchinson. The land is classified as non -conservation land, therefore the City can obtain this land one of two ways: 1) Pay the appraised value of the land and receive full, clear title to the land with no restrictions on the use of the land; 2) Receive the land for free for certain specified uses with an agreement that the lands may be used for a specified public use for a certain amount of time. Cities may obtain land for free for the following public purposes: a road or right-of-way for a road; a park that is both available to and accessible by the public; trails for walking, biking, snowmobiling or other recreational purposes; transit facilities for a variety of public transit purposes; public beaches or boat launches; public parking; civic recreation or conference facilities; public service facilities. Mr. Jaunich noted that the HRA may be interested in some of the properties and they will be considering them at their board meeting in August. Discussion was held about the benefits of the HRA considering purchasing some of the properties. The consensus of the Council was to see what the HRA determines. UNFINISHED BUSINESS 13. APPROVE/DENY PARTNERING ON MAINTENANCE EFFORTS RELATING TO THE LUCE LINE TRAIL Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that at the last Council meeting a conversation was held about giving staff authorization to discuss options with the County on how the City can partner with the County in providing maintenance efforts to the Luce Line Trail for purposes of horse use. It was discussed at that time about potentially using City equipment to assist the County in its mowing efforts. The County's plan is to improve the horse trail from Hutchinson to Worsted and it is estimated that the work will take 40-60 hours. The plan would be to use a tracked skid steer loader with a brush cat mower. Both the City and the County own a track skid steer loader. One of the skid steer loaders does have after -market tracks that can be used in lieu of wheels, but it's not a true track machine. While the County would use their skid steer, the plan would be to use a brush cat mower (which the City owns). If the Council desires to provide a brush cat mower, staff is recommending that the City rent one to do this kind of work so the City doesn't put so many hours and incur maintenance costs for the one it already owns. Costs for 5 CITY COUNCIL MINUTES JULY 25, 2017 renting a brush cat mower to mount on a tracked ski steer loader is $450/week. The County has estimated a minimum of two weeks of rental time. Staff is noting that it may be necessary to utilize a tracked skid steer with a forestry cutter. The equipment would need to be rented since the tracked ski steer loader with forestry cutter has additional operator safety features that aren't typically included with other tracked skid steer loaders, primarily a heavier plexi -glass cab door. Costs for that type of machine are $2400/weekly. Staff is recommending to rent the brush cat mower if the Council chooses to join in this partnership. Motion by Lofdahl, second by Christensen, to approve partnering on maintenance efforts relating to the Luce Line Trail including up to $2000 for rental of a brush cat mower. These funds could come out of the Council's budget. Council Member Cook noted he is looking at other options available for service work or fundraising efforts for ongoing maintenance. Motion carried unanimously. NEW BUSINESS 14. APPROVE/DENY CONSTRUCTION AND INSTALLATION OF SRT EQUIPMENT BOX Dan Hatten, Police Chief, presented before the Council. Chief Hatten explained that staff is requesting authorization for the construction and installation of the equipment box onto the 2017 Ram 5500 truck that the Council approved the purchase of earlier this year. The chassis will be sent to LDV who will complete the build by installing the equipment box on the chassis along with the emergency equipment. This equipment box will be custom built to the police department's specifications for the storage of SRT equipment, including the ability to transport additional personnel. The purchase price of the equipment box is $122,563.00. The purchase price of the Ram 5500 truck is $36,360.92 for a total purchase price for the completed vehicle being $158,923.92. Motion by Czmowski, second by Lofdahl, to approve construction and installation of SRT equipment box. Motion carried unanimously. 15. APPROVE/DENY RESOLUTION NO. 14737 — RESOLUTION ACCEPTING BID AND AWARDING CONTRACT (SCHOOL ROAD & ROBERTS ROAD TRAIL IMPROVEMENTS — LETTING NO. 3, PROJECT NO. 17-03) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the City received three bids for the School Road/Roberts Road trail improvements. The apparent low bidder is Knife River Corporation with a bid of $197,548.75. The project's total cost and associated funding contributions are accounted for within the City's proposed 2017 Infrastructure Improvement Program. The trail will run on the west side of School Road from Roberts Road to the bridge and the north side of Roberts Road from the Roberts Park entrance to School Road. No assessment hearing is required. Motion by Cook, second by Christensen, to approve Resolution No. 14737. Motion carried unanimously. 16. APPROVE/DENY ITEMS FOR CITY PARKING LOT I IMPROVEMENT PROJECT LETTING NO. 12, PROJECT NO. 17-12) a) Award Grading & Utility Construction Work to Juul Contracting, Co. (b) Change Order No. 5 (Pavement Management Program) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that with MidCountry Bank's drive-thru facility development project, City staff has solicited quotes for the grading/utility work for improvements to City Parking Lot I. The paving work is being done within the City's current pavement management program. A project change order within Letting No. l/Project No. 16-01 has been prepared to administer the bituminous paving work. This approach is being used to allow for a proactive reaction to the fairly unknown construction timeframe associated with MidCountry's work. The work items are a natural separation due to the required coordination with the proposed development. This change order addresses the additional paving work on Parking Lot I. The grading/utility rol CITY COUNCIL MINUTES JULY 25, 2017 quotation from Juul Contacting Co. is $73,182.50. Motion by Cook, second by Forcier, to approve items for City Parking Lot I improvement project. Motion carried unanimously. 17. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR AUGUST 9, 2017, AT 3:30 P.M. TO TOUR CREEKSIDE COMPOST FACILITY Matt Jaunich, City Administrator, noted that it has been discussed briefly in the past about the Council having a tour of Creekside and view various capital needs that will be coming up in the next couple of years. Motion by Lofdahl, second by Cook, to approve setting Council workshop for August 9, 2017, at 3:30 p.m. to tour Creekside Compost Facility. Motion carried unanimously. 17.5 SETTING SPECIAL MEETING/WORKSHOP FOR FORMAL GATHERING FOR POOL PARTY ON JULY 31, 2017 Although no City business will be discussed, Mr. Jaunich is asking that the staff pool party be set as a special meeting for a formal gathering. Motion by Christensen, second by Cook, to set special meeting for formal Council gathering for July 31, 2017, at 7:00 p.m. at the aquatic center. Motion carried unanimously. GOVERNANCE e purpose oJ this portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 18. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Tall Grass/Noxious Weed Monthly Report for June 2017 �b) Hutchinson Housing & Redevelopment Authority Board Minutes from June 20, 2017 c) City of Hutchinson Financial Report and Investment Report for June 2017 (d) Planning, Zoning, Building Department Quarterly Report MISCELLANEOUS 19. STAFF UPDATES Kent Exner — School Road/Roberts Road project — Roberts Road West will be reclaimed this Saturday instead of next week; paving on School Road will begin August 4th instead of this Friday. High School project is going well, but has all site work yet to complete and isn't scheduled until next summer. Hwy 15/MainStreet — August 24 will be the first public meeting related to the reconstruction project. This will be a general meeting to cover what is going to be done and general time schedules. EDA Enterprise Center framework is up and sheeting is starting to go up. Matt Jaunich — 430 Water Street has been taken down as court-ordered; CGMC annual conference next week; HTI building has been purchased by a new company, UPONOR, and staff is working through issues on the lot split that was approved four years ago; UPONOR has invited Council and staff to visit their headquarters and provide a tour of their facility — August 21 st at 10:00 a.m. has been scheduled — Mr. Jaunich applauded the EDA and Miles Seppelt, the executive director, on being so instrumental on closing the deal with UPONOR. 20. COUNCIL/MAYOR UPDATE Mary Christensen — Council Member Christensen asked about the Library Square fountain not functioning. Mr. Jaunich noted that there was an electrical shortage and is getting fixed. 7 CITY COUNCIL MINUTES JULY 25, 2017 Gary Forcier — Mayor Forcier noted that Dave Skoog had contacted him and requested to place an anchor in Veterans Park to represent the Navy. Skoog has spoken to Dolf Moon about initial placement in the park. The Council stressed that Mr. Skoog work with parks staff on design layout and placement. ADJOURNMENT Motion by Czmowski, second by Christensen, to adjourn at 7:35 p.m. Motion carried unanimously. R1 HUTCHINSON CITY COUNCIL CayofAa� Request for Board Action 7AL =-=-7 Agenda Item: City Data Practices Policies Department: Legal LICENSE SECTION Meeting Date: 8/8/2017 Application Complete N/A Contact: Marc A. Sebora Agenda Item Type: Presenter: Marc A. Sebora Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: State law requires the City to adopt a data practices policy which guides both the City and members of the public in obtaining information that the City retains. The data practices policy informs people of what type of information is public and what is not, how to obtain that information, who is responsible for overseeing data that is kept by the City, and what the cost is to obtain data, if any. State law also requires that the City adopt the data practices policy annually. For your consideration and approval is the data practices policy for the City of Hutchinson. There is no proposed change from the version we adopted last year. I recommend adoption of the data practices policy. BOARD ACTION REQUESTED: Approve reaffirmation of City Data Practices policies. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: G Data Practices Policy for Data Subjects Data about You The Government Data Practices Act (Minnesota Statutes, Chapter 13) says that data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, including paper, email, DVDs, photographs, etc. Classification of Data about You The Government Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as public, private, or confidential. See below for some examples. 1. Public data: We must give public data to anyone who asks; it does not matter who is asking for the data or why. The following is an example of public data about you: the names of Minnesota government employees 2. Private data: We cannot give private data to the general public, but you have access when the data are about you. We can share your private data with you, with someone who has your permission, with our government entity staff who need the data to do their work, and as permitted by law or court order. The following is an example of private data about you: Social Security numbers 3. Confidential data: Confidential data have the most protection. Neither the public nor you can get access even when the confidential data are about you. We can share confidential data about you with our government entity staff who need the data to do their work and to others as permitted by law or court order. We cannot give you access to confidential data. The following is an example of confidential data about you: the identity of the subject of an active criminal investigation Your Rights under the Government Data Practices Act This government entity must keep all government data in a way that makes it easy for you to access data about you. Also, we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights. • Access to Your Data You have the right to look at (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. The Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 2 Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. As a parent, you have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask this government entity not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on your best interests. Note: Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. • When We Collect Data from You When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. If you want us to release data to another person, you must use the consent form we provide. • Protecting your Data The Government Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. In the unfortunate event that we determine a security breach has occurred and an unauthorized person has gained access to your data, we will notify you as required by law. When your Data are Inaccurate and/or Incomplete You have the right to challenge the accuracy and/or completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to Make a Request for Your Data To look at data, or request copies of data that this government entity keeps about you, your minor children, or an individual for whom you have been appointed legal guardian, make a written request. Make your request for data to the appropriate individual listed in the Data Practices Contacts on page 5. You may make your request by mail, fax or email using the data request form on page 7. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 3 If you choose not use to use the data request form, your request should include: • that you are making a request, under the Government Data Practices Act (Minnesota Statutes, Chapter 13), as a data subject, for data about you; • whether you would like to inspect the data, have copies of the data, or both; • a clear description of the data you would like to inspect or have copied; and • identifying information that proves you are the data subject, or data subject's parent/guardian. This government entity requires proof of your identity before we can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor's parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity located on page 8. How We Respond to a Data Request Once you make your request, we will work to process your request. If it is not clear what data you are requesting, we will ask you for clarification. • If we do not have the data, we will notify you in writing within 10 business days. • If we have the data, but the data are confidential or private data that are not about you, we will notify you within 10 business days and state which specific law says you cannot access the data. • If we have the data, and the data are public or private data about you, we will respond to your request within 10 business days, by doing one of the following: o arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or o provide you with copies of the data within 10 business days. You may choose to pick up your copies, or we will mail or fax them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page 6. After we have provided you with access to data about you, we do not have to show you the data again for 6 months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Government Data Practices Act to respond to questions that are not specific requests for data. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 4 Data Practices Contacts Responsible Authority City Administrator 111 Hassan Street SE Hutchinson, MN 55350 Ph. (320) 587-5151 Data Practices Compliance Official City Attorney 111 Hassan Street SE Hutchinson, MN 55350 Ph. (320) 587-5151 Data Practices Designee(s) Executive Assistant/Paralegal 111 Hassan Street SE Hutchinson, MN 55350 Ph. (320) 587-5151 Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 5 Copy Costs - Data Subjects This government entity charges data subjects for copies of government data. These charges are authorized under Minnesota Statutes, section 13.04, subdivision 3. The City does not charge for copies that are 10 pages or less. Actual Cost of Making the Copies In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to make copies is the retriever's hourly rate. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 6 Data Request Form - Data Subjects Date of request: To request data as a data subject, you must show a driver's license, military ID, or passport] as proof of identity. I am requesting access to data in the following way: [a valid state ID, such as ❑ Inspection ❑ Copies ❑ Both inspection and copies Note: inspection is free but a charge is applied for copies that are 10 pages or more. These are the data I am requesting: Describe the data you are requesting as specifically as possible. If you need more space, please use the back of this form. Contact Information Data subject name Parent/Guardian name (if applicable Address Phone number Email address Staff Verification Identification provided We will respond to your request within 10 business days. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 7 Standards for Verifying Identity The following constitute proof of identity. • An adult individual must provide a valid photo ID, such as o a state driver's license o a military ID o a passport o a Minnesota ID o a Minnesota tribal ID • A minor individual must provide a valid photo ID, such as o a state driver's license o a military ID o a passport o a Minnesota ID o a Minnesota Tribal ID o a Minnesota school ID • The parent or guardian of a minor must provide a valid photo ID and either o a certified copy of the minor's birth certificate or o a certified copy of documents that establish the parent or guardian's relationship to the child, such as a court order relating to divorce, separation, custody, foster care a foster care contract an affidavit of parentage • The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as o court order(s) o valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 8 G Data Practices Policy for Members of the Public Right to Access Public Data The Government Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data is a term that means all recorded information a government entity has, including paper, email, DVDs, photographs, etc. The Government Data Practices Act also provides that this government entity must keep all government data in a way that makes it easy for you, as a member of the public, to access public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. How to Make a Data Request To look at data or request copies of data that this government entity keeps, make a written request. Make your request for data to the appropriate individual listed in the Data Practices Contacts on page 4. You may make your request for data by mail, fax or email using the data request form on page 6. If you choose not to use the data request form, your request should include: • that you, as a member of the public, are making a request for data under the Government Data Practices Act, Minnesota Statutes, Chapter 13; • whether you would like to look at the data, get copies of the data, or both; and • a clear description of the data you would like to inspect or have copied. This government entity cannot require you, as a member of the public, to identify yourself or explain the reason for your data request. However, depending on how you want us to process your request (if, for example, you want us to mail you copies of data), we may need some information about you. If you choose not to give us any identifying information, we will provide you with contact information so you may check on the status of your request. In addition, please keep in mind that if we do not understand your request and have no way to contact you, we will not be able to begin processing your request. How We Respond to a Data Request Upon receiving your request, we will work to process it. If we do not have the data, we will notify you in writing as soon as reasonably possible. If we have the data, but the data are not public, we will notify you as soon as reasonably possible and state which specific law says the data are not public. If we have the data, and the data are public, we will respond to your request appropriately and promptly, within a reasonable amount of time by doing one of the following: o arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or o provide you with copies of the data as soon as reasonably possible. You may choose to pick up your copies, or we will mail or fax them to you. If you want us to send you the copies, Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 2 you will need to provide us with an address or fax number. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page 5. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, the Government Data Practices Act does not require us to answer questions that are not requests for data. Requests for Summary Data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. We will prepare summary data if you make your request in writing and pre -pay for the cost of creating the data. Upon receiving your written request — you may use the data request form on page 6 — we will respond within ten business days with the data or details of when the data will be ready and how much we will charge. Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 3 Data Practices Contacts Responsible Authority City Administrator 111 Hassan Street SE Hutchinson, MN 55350 Ph. (320) 587-5151 Data Practices Compliance Official City Attorney 111 Hassan Street SE Hutchinson, MN 55350 Ph. (320) 587-5151 Data Practices Designee(s) Executive Assistant/Paralegal 111 Hassan Street SE Hutchinson, MN 55350 Ph. (320) 587-5151 Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 4 Copy Costs — Members of the Public This government entity charges members of the public for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). For 100 or Fewer Paper Copies — 25 cents per page 100 or fewer pages of black and white, letter or legal size paper copies cost 25C for a one-sided copy, or 50C for a two-sided copy. The City does not charge for copies that are 10 pages or less. Most Other Types of Copies — Actual cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically transmitting the data (e.g. sending the data by email). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for data, retrieve data, and make copies is the retriever's hourly rate. If, because of the subject matter of your request, we find it necessary for a higher -paid employee to search for and retrieve the data, we will calculate the search and retrieval portion of the copy charge at the higher salary/wage. Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 5 Data Request Form - Members of the Public Date of request: I am requesting access to data in the following way: ❑ Inspection ❑ Copies ❑ Both inspection and copies Note: inspection is free but the City charges $.25/page for copies over 10 pages. These are the data I am requesting: Describe the data you are requesting as specifically as possible. If you need more space, please use the back of this form. Contact Information Name: Address: Phone number: Email address: You do not have to provide any of the above contact information. However, if you want us to mail/email you copies of data, we will need some type of contact information. In addition, if we do not understand your request and need to get clarification from you, without contact information we will not be able to begin processing your request until you contact us. We will respond to your request as soon as reasonably possible. Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 6 HUTCHINSON CITY COUNCIL CayofAa� Request for Board Action 7AL =-=-7 Agenda Item: ASSIGN $1,000 "CITY OF EXCELLENCE" AWARD TO EDA FOR TIGERPATF- Department: EDA LICENSE SECTION Meeting Date: 8/8/2017 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: Miles R. Seppelt Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The 2017 "City of Excellence" award from the League of Minnesota Cities included a $1,000 check to the City of Hutchinson. Given that the TigerPath Skilled Workforce Initiative was the project that was nominated and won the award, staff felt it was appropriate that the $1,000 prize be allocated to the EDA. The EDA would use the funds to sponsor an open house at the new high school this coming February. City Council action is needed to assign the $1,000 to the EDA. If you have any questions or need additional information, please give me a call anytime at 234-4223. BOARD ACTION REQUESTED: City Council action to assign $1,000 award to EDA. Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL Ctdrf of �� Request for Board Action Agenda Item: AUTHORIZATION FOR BUSINESS DEVELOPMENT INFRASTRUCUTRE GRP Department: EDA LICENSE SECTION Meeting Date: 8/8/2017 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: Miles R. Seppeit Reviewed by Staff Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Staff is preparing a grant application to the Minnesota Department of Employment and Economic development to obtain funding to convert the existing HTI driveway into a City Street, as requested by UPONOR. If funding can be obtained, the city would reconstruct the driveway to make it a 10 -tan capacity city street with curb & gutter, streetlights and new paving. This would accommodate the estimated 15-17 semi -trucks that UPONOR expects will be visiting their new manufacturing facility each day. The new city street would also provide access to TDK and MITGI. The DEED program, known as the "Business Development Infrastructure" grant, provides 50% of the funding for construction of public infrastructure in support of economic development. The attached resolution provides city staff with authorization to apply for the grant, and commits the city to provide a local match in an amount up to $441,943.69 should the grant be awarded. The local match would come from assessments to benefiting properties (primarily UPONOR). If you have any questions or need additional information, please give me a call anytime at 2.34-4223. BOARD ACTION REQUESTED: Approval of Attached resolution. Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION 14748 BUSINESS DEVELOPMENT INFRASTRUCTURE APPLICATION BE IT RESOLVED that the City of Hutchinson act as the legal sponsor for the project contained in the Business Development Infrastructure Application to be submitted on or about August 9, 2017 and that the Mayer and City Administrator are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Hutchinson. BE IT FURTHER RESOLVED that the City of Hutchinson has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure matching funds, adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Hutchinson has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Hutchinson may enter into an agreement with the State of Minnesota for the above -referenced project, and that it will comply with all applicable laws and regulations as stated in all contract agreements. BE IT FURTHER RESOLVED that the non-BDPI source(s) of funds identified in the sources and uses outline in the application in the total amount of $441, 943.69 are committed and adequate to fully fund the project identified in the application. BE IT FURTHER RESOLVED that per MN statute 116J.431 Subd 7, the City of Hutchinson understands the grant may be cancelled if the project identified in the Application is not proceeding within 18 months of the execution of a grant agreement, or if not complete after five years of any grant award_ The City of Hutchinson certifies that it will comply with all applicable laws, regulations, and rules of the Business Development Infrastructure Application. NOW, THEREFORE BE IT RESOLVED that the Mayor and City Administrator or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant. I CERTI FY THAT the above resolution was adopted by the City Council of the City of Hutchinson on August 8, 2917. Mayor, Gary Forcier ATTEST: City Administrator, Matt Jaunich HUTCHINSON CITY COUNCIL CayofAa� Request for Board Action 7AL =-=-7 Agenda Item: Joint Powers Agreement - Bureau of Criminal Apprehension Department: Police & Legal LICENSE SECTION Meeting Date: 8/8/2017 Application Complete N/A Contact: Daniel T. Hatten Agenda Item Type: Presenter: Daniel T. Hatten Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: The Hutchinson Police Department and the Hutchinson City Attorney are requesting authorization to enter into a joint powers agreement with Bureau of Criminal Apprehension (BCA). This agreement is between the State of Minnesota, acting through the Hutchinson Police Department, Hutchinson City Attorney, Bureau of Criminal Apprehension (BCA) and the City of Hutchinson on behalf of its Police Department. For the purposes of this agreement, agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this agreement. The City of Hutchinson has entered into this Joint Powers Agreement for decades. BOARD ACTION REQUESTED: Request approval to enter into the agreement Fiscal Impact: $ 0.00 Funding Source: n/a FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14749 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF HUTCHINSON ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Hutchinson on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Hutchinson, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Hutchinson on behalf of its Prosecuting Attorney and Police Department, are hereby approved. 2. That the Police chief, Daniel T. Hatten, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Police Chief is appointed as the Authorized Representative's designee. 3. That the City Attorney, Marc Sebora, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, [_name or position name] is appointed as the Authorized Representative's designee. 4. That Gary Forcier, the Mayor for the City of Hutchinson, and Matt Jaunich, the City Administrator, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 8th day of August, 2018. CITY OF HUTCHINSON, MINNESOTA By: Gary Forcier Its Mayor ATTEST: By: Matt Jaunich Its City Administrator SWIFT Contract # 128709 MN0430200 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Hutchinson on behalf of its Police Department ("Agency"). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer -to -computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. SWIFT Contract # 128709 MN0430200 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at htlps://bcanextest.x.state.mn.us/launchpad/. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https:Hsps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at htips:Hdps.mn.gov/divisions/bca/bca- divisions/mnjis/Documents/B CA -Policy -on -Appropriate -Use-of- Systems- and-Data.pd 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDeskkstate.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must SWIFT Contract # 128709 MN0430200 keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint -based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of Three Hundred Ninety Dollars ($390.00) or a total annual cost of One Thousand Five Hundred Sixty Dollars ($1,560.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Chief Daniel Hatten, 10 Franklin Street SW, Hutchinson, MN 55350- 2464, (320) 587-2242, or his/her successor. Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. SWIFT Contract # 128709 MN0430200 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other parry's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User" means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber SWIFT Contract # 128709 MN0430200 Amendment. None of these provisions alter the Agency's internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at anytime, with or without cause, upon 30 days' written notice to the other parry's Authorized Representative. 11.2 Termination for Insufficient Funding. Either parry may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other parry's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither parry will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected parry receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and IO.Venue. Title: (with delegated authority) Date: 6 SWIFT Contract # 128709 MN0430200 The parties indicate their agreement and authority to execute this Agreement by signing below. L AGENCY 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Name: (PRINTED) Signed: Signed: Title: (with delegated authority) Title: (with delegated authority) Date: Date: 3. COMMISSIONER OF ADMINISTRATION Name: delegated to Materials Management Division (PRINTED) By: Signed: Date: Title: (with delegated authority) Date: 6 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Hutchinson on behalf of its Police Department ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 128709, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www. courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. C. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www. courts.state.mn.us. Office. g. "Court" shall mean the State of Minnesota, State Court Administrator's It. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non -official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub -section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. L Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS -M -0958. 6 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON -WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. I 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: (PRINTED) Signed: Title: (with delegated authority) Date: Name: (PRINTED) Signed: Title: (with delegated authority) Date: 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Signed: Title: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Date: 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: (PRINTED) Signed: Title: (with authorized authority) Date: 10 HUTCHINSON CITY COUNCIL Request for Board Action Agenda Item: RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL Cg Department: EDA LICENSE SECTION Meeting Date: 8/8/2417 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: Miles R. Seppelt Reviewed by Staff 0 Consent Agenda Time Requested IMinutes): 0 license Contingency NIA Attachments: Yes BACKGROUNDIEXPLANATION OF AGENDA ,ITEM: As part of the Hotel development on the corner of Hwys 7 & 15 it is being proposed that a Soils Condition Tax Increment Financing {TIF} District be established to help defray costs the developer may incur from contaminated soils on the site. As you recall, the site was recently occupied by two gasoline service stations. The TIF District would reimburse the developer for any costs associated with removal and remediation of contaminated soils along with providing for a vapor barrier under the hotel building itself. The first step in establishing the TIF District is to call for a public hearing, which is being proposed for September 25, 2017. At the public hearing, staff will provide detailed information on the project, THE proposed TIF District, what costs would be covered and so forth. The EDA Board reviewed this proposal at their Board meeting of January 25, 2017 and they are recommending approval. If you have any questions or need additional information, please give me a call anytime at 234-4223. BOARD ACTION REQUESTED: Approval of Attached resolution. Fiscal Impact: $ 0.00 Funding Source: NIA FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECTSECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: CITY OF HUTCHINSON COUNTY OF MCLEOD STATE OF MINNESOTA RESOLUTION NO. 14 7 50 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 4-19 THEREIN AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") for the City of Hutchinson, Minnesota (the "City"), as follows: Section 1. Public Hearin. This Council shall meet on September 26, 2017, at approximately 6:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Development Program for Development District No. 4 (the "Development Program Modification"), the proposed establishment of Tax Increment Financing District No. 4-19 ("TIF District No. 4-19"), a soils condition district, and the proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") therefor (the Development Program Modification and the TIF Plan are referred to collectively Herein as the "Program Modification and TIF Plan"), all pursuant to and in accordance with Minnesota Statutes. Sections 469.124 to 469.133, and Sections 469.174 to 469.1794, inclusi,c, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City, and Section 2. Noticc of Public l learing, Filing of Progrttrn Modilication and I fl flirt. City staff is authorized and directed to work with F filers & A.,,,sociates, Inc... to prepare the Program Modification and TIF Plan for TIF District No. 4-19 and to Jonvard documents to the appropriate taxilig jurisdictions including McLeod County and Hutchinson Independent School District No. 123. The City Administrator is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to September 26, 2017, and to place a copy of the Program Modification and TIF Plan on file in the City Administrator's office at City Hall and to make such copy available for inspection by the pub] ic. Dated: August 8, 2017 Adopted: Gary Foreier, Mayor ATTEST: Matt Jaunich, City Administrator HUTCHINSON CITY COUNCIL CayofAa� Request for Board Action 7AL =-=-7 Agenda Item: Joint Powers Agreement with City of Minneapolis Department: Police & Legal LICENSE SECTION Meeting Date: 8/8/2017 Application Complete N/A Contact: Daniel T. Hatten Agenda Item Type: Presenter: Daniel T. Hatten Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 2 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: The Hutchinson Police Department is requesting authorization to enter into a joint powers agreement with the City of Minneapolis, specifically the Minneapolis Police Department to provide support for the 2018 NFL Super Bowl. This agreement is between the City of Minneapolis, specifically the Minneapolis Police Department , and the City of Hutchinson, specifically the Hutchinson Police Department, For the purposes of this agreement, agency employees would be working police support as described in this agreement. The agreement has been reviewed and approved by the League of Minnesota Cities Risk Management Attorneys. BOARD ACTION REQUESTED: Request approval to enter into the agreement Fiscal Impact: $ 0.00 Funding Source: n/a FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2418 NATIONAL FOOTBALL LEAGUE SUPER BOWL SECURITY THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY AND SECURITY RELATED TO THE 2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL (hereinafter referred to as the "Agreement"), is made effective, except as otherwise made operationally effective as set forth in Section 5 herein, on this day of , 2017, by and between the CITY OF MINNEAPOLIS, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting through its Police Department (hereinafter referred to as the "MPD") and , a [insert name of city/county/or other governmental entity acting through its [insert name of law enforcement organization] (hereinafter referred to as the "Provider"). City, MPD, and each Provider may be referred to individually as a "Party" or collectively as the "Parties" to this Agreement. WHEREAS, the City is the host city for the 2018 National Football League Super Bowl to be held on Sunday, February 4, 2018, and for related events authorized by the National Football League, most of which will take place in the City, City of St. Paul, and City of Bloomington from Friday, January 26, 2018, through Monday, February 5, 2018 (hereinafter referred to collectively as the "Event"); and WHEREAS, the MPD will be the lead law enforcement agency for those portions of the Event that occur within the City of Minneapolis (Minneapolis Events) and the St. Paul Police Department (SPPD) and the Bloomington Police Department (BPD) will be the lead law enforcement agencies for those portions of the Event that occur within their cities, respectively (St. Paul Events and Bloomington Events); and WHEREAS, a Unified Command structure (as that term is defined in Section 2.4 ) is needed to ensure the level of security coordination required for the Event; and WHEREAS, the City has agreed to serve as the fiscal agent for law enforcement costs for the Event by entering into an agreement with the "Host Committee" (as that entity- and agreement are referenced in Section 3.1 herein) for the Event; and WHEREAS, the City is in need of procuring additional law enforcement personnel to provide the public safety and security measures required for such a large and unique Event; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the MPD with Event security; and NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59 PublicSafetyJPA (7.28.2017/gpw) Page 1 ("Joint Exercise of Powers") and/or Minnesota Statutes Sections 626.76 and 626.77, and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows: 1. PURPOSE OF THE AGREEMENT 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with Licensed Peace Officers to be assigned to one or more of the Event locations identified on Exhibit A attached hereto to assist the MPD through the use of a unified command center (as further explained in Section 2.4 of this Agreement) to provide law enforcement and security services ("Services") during the term of the Event. 1.2 Provider will exercise its best efforts to assist with Event security. The Parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the Event. That prioritization decision belongs solely to Provider. The Provider may, at any time, recall the Provider's resources when, it is considered to be in Provider's best interest to do so. 1.3 Provider's resources shall be full-time, Licensed Peace Officers and each such Licensed Peace Officer must meet the following criteria as defined in Minnesota Statutes Sections 626.84, Subdivision 1(c) and 471.59, Subdivision 12, which reads: "(1) the peace officer has successfully completed professionally recognized peace officer pre-employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre- employment education; and (2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located." 2. AI)DITIONAL CRITERIA OF LICENSED PEACE Ole FRCERS; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section I of this Agreement, the Provider agrees that each of the Licensed Peace Officers shall also meet the following criteria: 2.1.1.That each Licensed Peace Officer shall by reason of experience, training, and physical fitness be deemed by the Provider of being capable of performing public safety and law enforcement duties for the Event; and 1) 2.1.2 That each Licensed Peace Officer is in good standing with the Provider. Throughout the term of this Agreement, the Provider shall promptly notify the MPD in the event that any licensed peace officer is no longer an officer in good standing with the Provider or shall recall any peace officer that is no longer in good standing; and 2.1.3 That unless otherwise provided or requested by the MPD, each Licensed Peace Officer shall be equipped and/or supplied by Provider at Provider's own expense, with a seasonally appropriate patrol uniform of the day and equipment, including but not limited to service belts with Provider radio equipment, service weapon and personal soft ballistic body armor, and traffic vest. Additionally, in Provider's discretion, personnel may be equipped with a cell phone that may be used to download a public safety application to aid in the tracking of law enforcement personnel during operational periods if allowed pursuant to Provider's policy. 2.2 Provider acknowledges and agrees that at any time during the term of this Agreement the City has the sole discretion to decline to accept andlor use any of Provider's Licensed Peace Officers or other law enforcement resources without cause or explanation. 2.3 The Provider agrees as follows: 2.3.1As requested by MPD, Provider shall list information on each of Provider's Licensed Peace Officers no later than ninety (90) days before the Event that includes, but is not limited to, name, rank, agency, badge number, photo, cell phone number, and emergency contact information. Said information shall be used strictly for law enforcement purposes related to the Event and each Party will hold the data in the same classification as the other does under the Minnesota Government. Data Practices Act, Minnesota Statutes Chapter 13 ("MGDPA"); and 2.3.2. That upon reasonable advance written notification from the MPD, each of Provider's Licensed Peace Officers or other law enforcement resources so designated by the MPD shall participate in training activities related to Event security, that are coordinated or conducted by the MPD or its designee; and 2.3.3. That each Licensed Peace Officer shall be assigned by the MPD, as determined and required by the MPD, to any Event -related assignment based on the Licensed Peace Off'icer's skill -set and known duty assignment as well as the needs of the operation; including, but not limited to, foot patrol, motorized patrol, static posts at outdoor perimeters, general 3 security inside or outside venues, and traffic control; and 2.3.4. That Licensed Peace Officers participating in the Event may, if so determined by the MPD, be placed in an "On Assignment" Status by MPD in which the Licensed Peace Officer should be physically proximate to the Event location, so as to be able to physically report in a timely manner to such duty post assigned by the MPD and prepared to undertake the specific job task or responsibility assigned by the MPD; and 2.3.5. That at the request of the MPD, Provider will designate personnel that participated in or provided Event security to further participate in and/or provide information to and otherwise cooperate with the MPD in any "after action activities" following the conclusion of a Training Session or actual Event security. "After action activities" may include, but not be limited to post Training Session meetings and revisions of Training protocols and post Event security meetings, evaluations, mediation or court proceedings. 2.4 Provider acknowledges and agrees that at all times during any required training session or during the Event each of Provider's Licensed Peace Officers or other law enforcement resources and employees, regardless of rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated through a unified law enforcement command and following unified command principles and practices established throughout the law enforcement community (herein referred to as "Unified Command"). 2.4 The Provider agrees to exercise reasonable efforts to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. 2.5 Event staffing levels will be determined by the MPD as the lead law enforcement agency and fiscal agent, in consultation with the Unified Command, regardless of the location of the Event. Provider may increase the staffing levels at Events located within the Provider's jurisdiction: (a) at the sole cost of the Provider that hosts an Event; and (b) with the knowledge that the additional Licensed Police Officers and other staff members above the staffing level approved by the MPD and Unified Command are not covered by the Policy as described in Section 9 of this Agreement. The number of Licensed Peace Officers and other law enforcement resources to be deployed within the Provider's jurisdiction will be communicated to the City as part of the Unified Command. Notwithstanding Section 2.4, the Provider retains the sole discretion for determining what Provider Licensed Peace Officer and other law enforcement resources will be deployed in its own jurisdiction for events not included under this Agreement and remain 4 under the Provider's own authority. The Provider's Licensed Peace Officer and other law enforcement resources deployed in the Provider's jurisdiction and which are either included above the number of Licensed Peace Officers as determined by the Unified Command or remain under Provider's authority for events not included under this Agreement, will not be eligible for reimbursement of costs as provided in Section 4.2 of this Agreement. 2.6 The Provider will comply with the statutes and rules requiring the preservation of evidence including, but not limited to, Minnesota Statutes, Section 590.10 and Section 626.04. Each Provider must preserve all handwritten notes, photographs, incident reports, video recordings, statements, audio recordings, personal notes, interview audio, text messages, cell phone videos, removable electronic media, squad car videos, any other video recordings, emails, voice mails, computer files and all Work Product, Supporting Documentation and Business Records as those terms are defined in Section 8.1 of this Agreement. 2.7 The MPD, as the lead law enforcement agency, will maintain a list of Licensed Peace Officers (LPOs) assigned to the Events. 3 CITY RESPONSIBILITIES 3.1 The City will be solely responsible for all communications with the Minnesota Host Committee (the "Host Committee"). The Host Committee shall be responsible for coordinating each of the events authorized by the National Football League (including St. Paul Events and Bloomington Events) and activities that occur within the term of the Event. 3.2 The City and the Host Committee will prepare and enter into an "Event Support and Funding Agreement for Super Bowl LII" (the "Support Agreement"). The Support Agreement will be the source of funding for the Event including the source of payment for the Services to be provided pursuant to this Joint Exercise of Powers Agreement ("Agreement") and for the policy of insurance that will pay for the defense and indemnification of claims filed against the City and each Provider during the term of the Event. 3.3 City agrees that it will provide or facilitate any necessary training to prepare for providing Event security. The substance of the training, if necessary; including the locations, dates, and times, shall be detailed in a separate writing provided from the MPD to the Provider. 3.4 The person responsible on behalf of the MPD for the daily operation, coordination and implementation of this Agreement, which responsibilities shall include, but not limited to, determining the assignments of the Provider's law enforcement resources, shall be Minneapolis Police Department Commander Scott Gerlicher 5 (hereinafter referred to as the "Coordinator"). Except as otherwise provided in this Agreement, all contacts or inquiries made by the Provider with regard to this Agreement shall be made directly to the Coordinator or the Coordinator's designee. 3.3 The City will develop and provide to each Provider an adequate supply of the standard incident report form to be used by the City and Providers that provide Services at the Event under the direction of the Unified Command. 3.4 The City will obtain from the Host Committee and provide to each Provider, the "claims procedure" as indicated in Exhibit C hereto that will be used by third party claimants who file claims against the City or against any Provider 4. COMPENSATION AND PAYMENT PROCESS 4.1 The sole source of funds to reimburse each Provider performing under this Agreement shall be funds provided by the Host Committee pursuant to the Support Agreement. 4.2 For and in consideration of the Provider performing under this Agreement, the Provider will be reimbursed for said Services at the rates and in the manner as indicated in attached Exhibit B. All of a Provider's Licensed Peace Officers and other law enforcement resources that (a) perform law enforcement services within the Provider's jurisdiction; and (b) are subject only to the Provider's authority and are therefore not under the Unified Command, are not eligible to have Provider's costs reimbursed pursuant to this Agreement. 4.3 The MPD will prepare and include in Exhibit B eligibility guidelines for cost reimbursement and a check list for the preparation and submission of the reimbursement request. Exhibit B will include a "Reimbursement Payment Form [To be developed by MPD at a later date] to be completed by the Provider along with the required support documents to be attached by the Provider. The MPD shall furnish the Provider with a statement which describes all applicable hours performed by the Provider during the term of the Agreement. The Provider shall submit the Reimbursement Payment Form to the MPD for all undisputed amounts within thirty-five (35) days after receipt of the statement of hours. 4.4 Provider may submit any questions regarding the cost reimbursement process to Robin McPherson or her designee at: robin.mcpherson(c��7minneapolismn.gov. 4.5 For any disputed amounts, the Provider shall provide the MPD with written notice is of the dispute, including the date, amount, and reasons for dispute within fifteen (15) days after receipt of the statement of hours. The MPD and Provider shall memorialize the resolution of the dispute in writing and follow the dispute resolution procedure in Section 13 of this Agreement. TERM OF AGREEMENT 5.1 This Agreement shall be effective as of the date indicated on the first page so that the Parties can undertake planning for all Event -related activity and shall expire on March 1, 2018, or the date to which law enforcement resources or Services are extended, whichever is later, unless terminated earlier in accordance with the provisions in Section 6. Except for the provision of Training as discussed and to be scheduled pursuant to Section 3.3 of this Agreement, Services furnished by the Provider for the Event shall begin on January 26, 2018, and shall terminate on February 5, 2018, unless terminated sooner or extended in whole or in part as provided herein. 6. TERMINATION 6.1 Termination by the City -The City may terminate this Agreement upon providing to the Provider not less than forty-five (45) days advance written notice for any of the reasons stated below: 6.1.1 Cancellation of Super Bowl LII; 6.1.2 City and Host Committee fail to enter into the Support Agreement 6.1.3 Host Committee fails to purchase and provide insurance coverage as described in Section 9.1 of this Agreement; or 6.1.4 Failure by the Provider to perform any material term under this Agreement. and failure to cure the default within the time requested by the City. 6.2 Termination by the Provider- The Provider may terminate this Agreement upon providing to the City not less than forty-five (45) days advance written notice for any of the reasons stated below: 6.2.1 Cancellation of Super Bowl LII; 6.2.2 Without cause prior to the initial training session; 6.2.3 City and Host Committee fail to enter into the Support Agreement; or 6.2.4 Host Committee fails to purchase and provide insurance coverage as described in Section 9.1 of this Agreement. 6.3 In the event of a termination, each Party shall fully discharge all obligations owed to the other Party accruing prior to the date of such termination, and, except as otherwise provided herein, each Party shall be released from all obligations, 7 which would otherwise accrue subsequent to the date of termination. 7. AGREEMENT MANAGEMENT 7.1 The Provider has identified the following person[s] as persons to contact only with regard to the following matters regarding the Agreement: (List names) (List responsibilities) 8. WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION 8.1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. "Work Product" shall mean any report, including incident reports, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to MPD or results from Provider's Services under this Agreement. "Supporting Documentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and Work Products generated under this Agreement. "Business Records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to MPD or Provider and pertain to work performed under this Agreement. 8.2 Subject to applicable law, including but not: limited to the Minnesota official Records Act, Minnesota Statutes Section 15.17, and the MGDPA, all deliverable Work Product, Supporting Documentation and Business Records or copies thereof, that are needed from or result from the Provider's Services under this Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City and shall become the property of the City after delivery. 8.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed (i.e. Work Product, Supporting Documentation and Business Records) under this Agreement without notice to the other. Except as otherwise required by and subject to federal and/or state law, neither the City nor the 0 Provider shall release, transmit, disclose or disseminate any Work Product, Supporting Documentation and Business Records which shall be classified as "security information", "security service" or "security service data", defined under Minnesota Statutes Sections 13.37 and 13.861 or any like data, as defined and/or required in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. 8.4 In the event of termination, all Work Product, Supporting Documentation and Business Records prepared by the Provider under this Agreement shall be delivered to the City by the Provider by the termination date. 8.5 Both the City and the Provider agree to maintain all Business Records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 8.6 Both the City and the Provider agree to abide strictly by the MGDPA and, in particular, Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1(b), 138.17, and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. 9. INSURANCE; LIABILITY; MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 9.1 Insurance Coverage for Event -The Host Committee has purchased a law enforcement liability insurance policy (the "Policy"). The insurance carrier is International Insurance Company of Hannover SE (the "Insurer"). The Policy will provide coverage for claims that each Provider becomes legally obligated to pay as damages due to "bodily injury", "property damage", or "personal injury" suffered by third parties. The Policy will require the insurer to have the right and duty to defend and indemnify each Provider against any claim or lawsuit due to Provider acts that occur within the territory of the Events and during the period in which the Policy is in effect. Each Provider's Law Enforcement Officers and supervisors under the Unified Command will be covered under the Policy by virtue of the Provider being named an "insured" under the Policy. 9.1.1 The limits of liability for all occurrences (claims) during the coverage period is $3,000,000.00 ($3 million). The limit of liability for 0 any third party claim for damage to or loss of personal property is $25,000. 9.1.2 The cost to hire and pay for legal representation to defend the City and any Provider ("defense costs") are not subject to the $3 million limit of the Policy. 9.1.3 The Policy is not subject to the payment of a deductible by the Host Committee, the City or by any other Provider. 9.1.3. Each Provider agrees to be bound by the terms and conditions contained in the Policy. 9.1.4 Each Provider agrees that it will cooperate with the insurer and with the City by reasonably and timely responding to the insurer's request for information or to appear at meetings or judicially mandated hearings. 9.2 Insurance as Sole Source for Liability and Indemnity -Each Provider hereto agrees that it will only seek recovery for any liability incurred in carrying out the terms of this Agreement from the insurance to be procured by the Host Committee as set out in Section 9.1 of this Agreement. 9.2.1 If a Party's liability is not subject to recovery through the Policy, then each Party agrees that it will otherwise be responsible for its own acts and/or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement, whether those acts or omissions occur within or outside of the jurisdiction or geographic limits of the City of Minneapolis, and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other Party and the results thereof. 9.2.2 In the unlikely event that the aggregate amount of any one or all claims exceeds $3 million, then each Party agrees that it will otherwise be responsible for its own acts and/or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement, whether those acts or omissions occur within or outside the of the jurisdiction or geographic limits of the City of Minneapolis, and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other Parties and the results thereof. 9.3 Further Limitation On Provider Liability -It is understood and agreed that the liability of each Provider that is a municipality, county or similar political subdivision shall be limited by the provisions of Minnesota Statutes Chapter 466 (Tort Liability, Political Subdivisions) and the liability of the State of Minnesota as a Provider shall be limited by the provisions of Minnesota Statutes, Section 3.736 and by other applicable law. Nothing contained in this Agreement shall 10 waive or amend, nor shall be construed to waive or amend any defense or immunity that either Party, its respective officials and employees, may have under said Chapter 466, Section 471.59 subd. la, and any common-law immunity or limitation of liability, all of which are hereby reserved by the Parties that have entered into this Agreement. 9.4 Provider Workers' Compensation Insurance Required -Except as expressly provided herein, each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers' compensation insurance or self- insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Except as expressly provided herein, each Party waives the right to sue any other Party for any workers' compensation benefits paid to its own employee or volunteer or their dependents. 9.5 Provider Responsible for Own Equipment -Except as expressly provided herein, each Party shall be responsible for damages to or loss of its own equipment. Except as expressly provided herein, each Party waives the right to sue any other Party for any damages to, or loss of its equipment. 9.6 Provider Rendering First Aid -Except for immediate first aid rendered by a Provider at the scene of an accident or occurrence, no other medical assistance, expenses or aid is covered under the Policy. 10. INDEPENDENT CONTRACTORS Each Provider in its relationship with the City under this Agreement is an independent contractor. No Provider, its Licensed Peace Officers or other law enforcement resources shall be considered an employee of the City. The City, its Licensed Peace Officers or other law enforcement resources shall not be considered employees of the Provider. 11. SUBCONTRACTING The City and Provider agree that no Services will be subcontracted and agree not to enter into any subcontracts to provide any Services under this Agreement. 12. ASSIGNMENT Neither the City nor the Provider will assign or transfer any interest in this Agreement without the consent of the other Party. 13. DISPUTE RESOLUTION The City and the Provider each agree to cooperate and negotiate in good faith to resolve any disputes that arise regarding the terms of this Agreement and the performance of the Services. If good faith negotiations fail to resolve a dispute, then the Parties will use mediation services to attempt to resolve the dispute. The City and Provider will equally share the expense of the mediator. The Parties will select a mediator by each submitting three names in rank order of preference to the other Party. If there is no common name on each Party's list, then a neutral, third party, law enforcement representative that is not a party to this Agreement will select a mediator for the Parties. If mediation fails to resolve a dispute between Parties, then the Parties will resolve the dispute through litigation. 14. AUDIT OF AGREEMENT RECORDS Pursuant to Minnesota Statutes, Section 160.05, both the City's and the Provider's books, records, documents, and accounting procedures and practices with respect to any matter covered by this Agreement shall be made available to the State of Minnesota Office of the State Auditor upon written notice, at any time during normal business hours, for the purpose of auditing, examining or making excerpts or transcripts of relevant data. 15. AMENDMENT OR CHANGES TO AGREEMENT 15.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the Parties hereto; after all appropriate and necessary authority has been acquired by each such Party. 15.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "Agreement" as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. 16. NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return. Receipt Requested. Any notices or other communications shall be addressed as follows: To City: Scott Gerlicher 12 To Provider: Commander -Minneapolis Police Department 511 110 Avenue South Suite 401 Minneapolis, MN 55415 17. INTERPRETATION OF AGREEMENT This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. 18. ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. The matters set forth in the "WHEREAS" clauses at the beginning of this Agreement are by this reference incorporated into and made a part of this Agreement. 19. MISCELLANEOUS PROVISIONS 19.1 The Parties intend that, with respect to the defense and indemnification provisions in Section 9 hereof, this Agreement may benefit or create rights or causes of action in or on behalf of any other agency providing services for the Event under a similar but separate agreement. Except for the foregoing, the Parties intend that this Agreement will not bcnefit or create any right or cause of action in or on behalf of any person or entity other than the Parties. 19.2 The Parties shall cooperate in achieving the objectives of this Agreement pursuant to Minnesota Statutes, Sections 15.51 through 15.57. 19.3 The Parties shall comply with all applicable federal, state, and local statutes, regulations, rules and ordinances currently in force or later enacted including but not limited to the MGDPA, Minnesota Statutes Section 471.425, subd. 4a, and as applicable, non-discrimination and affirmative action laws and policies. 19.4 If any provision of this Agreement is held invalid or unenforceable, such invalidity or unenforceability will not affect any other provision, and this Agreement will be 13 construed and enforced as if such invalid or unenforceable provision had not been included. 19.5 Failure of a Party to enforce any provision of this Agreement does not affect the rights of the Parties to enforce such provision in another circumstance. Failure to enforce a provision does not affect the rights of the Parties to enforce any other provision of the Agreement at any time IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. CITY OF MINNEAPOLIS By: Its: Police Chief Date: Approval Recommended: By: Its: By: Its: Assistant City Attorney Purchasing Department 14 STATIUCITYICOUNTY OF By: Its: Date: Approval Recommended: By: Its: By: Its: EXHIBIT A - Super Bowl Events Event Description Super Bowl Experience Media Center/Radio Row Mall of America Game Day Event NFL Honors NFL Friday Night Party Tailgate Party Opening Night NFL on Location Super Bowl Live Stadium Interior Stadium Perimeter Pre -game Party AFC Team Hotel NFC Team Hotel NFL Headquarters Hotel AFC Practice Site NFC Practice Site Police Escorts Tactical Squad Bomb Technical Squad Bomb K -9s VACIS Street Patrol Downtown Extra Metro Transit Security Mobile Field Force Square Fit Team VPSO Command Post. Security Staging Logistics Credentialing Dignitary Liaison Counterfeiting Human Trafficking Investigators The MPD will maintain a list of Licensed Police Officers covered by this Agreement 15 Super Bowl Special Event Period Reimbursement Guidelines Reimbursement Period: Friday January 26th, 2018 through Monday February 5th, 2018 1. General Reimbursement Guidelines: a. The lead law enforcement agency, Minneapolis Police Department, will serve as fiscal agent for purposes of this agreement. b. Reimbursement will be for official Super Bowl events sanctioned by the MN Host Committee and/or the NFL only, or for hours worked in direct support of the lead law enforcement agency, Minneapolis Police Department. c. All hours worked will be considered "on duty" time. d. Sending agencies are expected to place provided law enforcement officers "on assignment" for the event period and this assignment will be their normal. assignment for that period. Personnel should not be expected to work the event week in addition to their normal job at their respective agency. e. Reimbursement will occur for personnel wage costs only at established straight time or overtime rates pursuant to Section 2, Established Hourly Reimbursement Rates, in this Exhibit B. These rates are all inclusive and will not be adjusted. f. Reimbursement will occur only for hours worked consistent with official operational plans approved by the core planning team and the lead law enforcement agency, MPD. g. There will be no reimbursement for non -personnel costs, backfill, pre -event training, equipment, and other expenses including but not limited to travel costs, fuel, mileage, per diem, etc. h. Reimbursement will occur only for state, county, and local law enforcement personnel participating in official Super Bowl Event security details. i. There will be no reimbursement for participation of law enforcement command level staff including but not limited to those in the ranks of Chief, Sheriff, Assistant Chief, Deputy Chief, Colonel, Major, Sr. Commander, Captain or other law enforcement officers working in a command position and/or in an exempt payroll status. j. Generally, participating law enforcement personnel will be expected to work a ten hour shift daily during the event period (This may vary based on specific assignments). k. For reimbursement purposes, a law enforcement officer's shift begins and ends when he/she checks in/out on site with the lead law enforcement agency. This will 16 be tracked using an automated system provided by the lead law enforcement agency. Law enforcement personnel will be notified of their daily and hourly schedule 30-60 days prior to the special event period subject to any changes that may occur. There will be no . reimbursement for any changes to the schedule or for any scheduled off days during this period or for off hours where personnel are not actively assigned to an official special event detail. Sending agencies and personnel assigned to the special event week must adhere to all lead law enforcement agency requirements in order to be eligible for reimbursement. b. Any variation from the above guidelines must be approved by the lead law enforcement agency, Minneapolis Police Department. 2. Established Hourly Reimbursement Rates: a. All hours reimbursed under the terms of Sections 3 and 4 of this Exhibit B, below will be paid at one of the following established hourly rates. These are set rates and will not be adjusted based on specific agency hourly rates. The rates are inclusive of all costs including both payroll and fringe. i. $82 per hour overtime rate. ii. $55 per hour straight time rate. 3. Specific Agency Reimbursement Guidelines: a. For law enforcement personnel working in areas where they have jurisdictional authority: i. Reimbursement will occur onh for a ertime hours worked as a result of established/approved operational plans and hours above and beyond that of their scheduled shifts for that day with approval of incident commander. ii. Sending agencies will be reimbursed for overtime hours worked under the Joint Powers Agreement, not to exceed 60% of the total hours worked by that agency at the established overtime rate as specified in Section 2 of this Exhibit B, above. iii. Sending agencies are expected to place provided law enforcement officers "on assignment" for the event period and this assignment will be their normal assignment for that period. Personnel should not be expected to work the event week in addition to their normal job at their respective agency. b. For law enforcement personnel working in areas where they do not have jurisdictional authority: i. Reimbursement will occur for all hours worked to include straight time and overtime at the established rates as specified in Section 2 of this Exhibit B, above however reimbursement for overtime hours worked 17 under this Joint Powers Agreement which will not exceed 60% of the total hours worked by that agency. ii. Sending agencies are expected to place provided law enforcement officers "on assignment" for the event period and this assignment will be their normal assignment for that period. Personnel should not be expected to work the event week in addition to their normal job at their respective agency. 4. Reimbursement Process: Within 30 days after the special event period, the lead law enforcement agency, MPD will provide the sending agency with a report outlining hours worked for all personnel for that agency. a. Sending agency will review the personnel report for accuracy and outline which hours constituted straight time versus overtime and submit an invoice with support documentation to the lead law enforcement agency. b. The lead law enforcement agency will review the invoice and support documentation, and work with the sending agency on addressing any discrepancies. c. The lead law enforcement agency will issue reimbursement to the sending agency consistent with the guidelines established in this agreement within 45 days of receiving an invoice and the requested support documentation. Invoices should be sent to: MPD Chief Financial Officer CIO Robin McPherson 354 South 5�h Street, Room 130 Minneapolis, MN. 55415 18 EXHIBIT C CLAIMS PROCEDURE FOR CLAIMS BROUGHT AS A RESULT OF LAW ENFORCEMENT AND SECURITY SERVICES 1. The Host Committee and Insurer will develop a "uniform claim form (the "Form"). The Form will be approved by the insurance broker retained by the Host Committee and by the Insurer. 2. The Host Committee will establish a committee to review each. Form submitted by third parties alleging injuries or property damage due to law enforcement activities that occurred during the Event (each completed Forrn a "Claim"). 3. The committee established to conduct the preliminary review of the Claim Forms ("Claims Committee") will consist of at least the following members: (a) A Host Committee representative; (b) A Representative of the insurance broker retained by the Host Committee; and (c) The City of Minneapolis Risk Manager. The Claims Committee may also include other Provider representatives as determined by the three (3) required Claims Committee members. 4. After making a preliminary determination as to the validity of a Claim, the Claims Committee will forward each Form to the Insurer. The Insurer will determine whether Claims are covered by the Law Enforcement Liability Policy and determine when the Policy limits have been reached and exceeded. 5. Once the aggregate amount of Claims exceeds $3 million, then the Insurer will notify the Host Committee, the City and each Provider. Any further Claims brought against each Provider after the date of notification that the $3 million coverage limitation has been exhausted will be the sole responsibility of the Provider or Providers named in the Claim to defend and pay the amount of damages determined by a court of law. 19 HUTCHINSON CITY COUNCIL CayofAa� Request for Board Action 7AL =-=-7 Agenda Item: Consideration for Approval to Purchase Annual Bag Film Order for CreekSide Department: Compost LICENSE SECTION Meeting Date: 8/8/2017 Application Complete N/A Contact: Andy Kosek Agenda Item Type: Presenter: Andy Kosek Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Poly bag film for the Premier Tech automated bagging line that Creekside employs is ordered on an annual basis. In order to receive favorable pricing based on volume, a two year supply (based on historical sales) is ordered each year. A total of three quotes were received. The lowest priced quote was received from Inteplast Group/Niaflex at $96,267.87, while the second lowest priced quote was received from Direct Plastics, A Novolex Company, at $115,620.06. The third quote received was from Trinity Packaging coming in at $120,678.00 Staff is confident in the quality of Inteplast Group/Niaflex's products as we have utilized them numerous times over recent years. Staff recommends the approval to purchase the bag film order from Inteplast Group/Niaflex BOARD ACTION REQUESTED: Approve the purchase of bag film based on the quote received from Inteplast Group/Niaflex, as recommended by CreekSide staff. Fiscal Impact: $ 96,267.87 Funding Source: Compost Fund FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 96,267.87 Total City Cost: $ 96,267.87 Funding Source: Compost Fund Remaining Cost: $ 0.00 Funding Source: SplendorGro Products Poly Bag Film 7/27/2017 Vendor Inteplast Group Niaflex Inteplast Group Niaflex Trinity Packaging Direct Plastics A Novolex Company Trinity Packaging Product ID # of Colors $ per Plate/Coto r Product ID Quantity $ per Mllmp Total Cost $ per Mllmp Total Cost $ per Wimp Total Cost .75 cuft Topsoil 361b Compst wlManu 361b Patting Soil 201b Potting Soil 225,000 67,000 60,000 57,000 $147.86 $147.86 $147.86 $136.44 $33,268.50 $9,906.62 $8,871.60 $7,777.08 $188.80 $188.80 $188.80 $158.00 542,480.00 $12,649.60 $11,328.00 $9,006.00 5182.00 5182.00 $182.00 $162.00 $40,950.00 $12,194.00 $10,920.00 $9,234.00 $a.00 Total Bag Film Cost $3,600.00 $59,823.80 $0.00 $75,463.60 1 $73,298.00 Artwork & Plate Charges Inteplast Group Niaflex Direct Plastics A Novolex Company Trinity Packaging Direct Plastics A Novolex Company Trinity Packaging Product ID # of Colors $ per Plate/Coto r Total Cost $ per PlatelColor Total cost $ per PlatelColor Total Cost 75 tuft Topsoil 8 361b Compst wlManu 8 361b Potting Soil 8 201b Potting Soil 8 $100.00 $100.00 $100.00 $100.00 $800.00 $800.00 $800.00 $800.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $112.50 $112.50 $112.50 $112.50 $900.00 $900.00 $900.00 $900.00 Total Plate Charges $27,370.00 $3,808.00 $4,284.00 54,695.00 $3,200.00 528,175.00 $3,920.00 $4,410.00 $3.675.00 $a.00 Total Bag Film $3,600.00 Total Bag Film + Total Plate Charges $0.00 $63,023.80 1 $75,463.60 $76,898.00 WonderBlend Products Poly Bag Film Vendor Inteplast Group Niaflex Inteplast Group Niaflex Direct Plastics A Novolex Company Direct Plastics A Novolex Company Trinity Packaging Product ID Product ID Quanti $ per Wimp Total Cost $ per Mflmp Total Cost $ per WIMP Total Cost 401b 100% Manure 1 cult Pro Plant Mix 1 cuff Garden Soil 32gt Container Mix 115,000 16.000 18.000 151111'It $174.33 $174.33 $174.33 $271.26 $20,047.95 $2789.28 $3,137.94 54,068.90 $238.00 $238.00 $238.00 5313.00 $27,370.00 $3,808.00 $4,284.00 54,695.00 $245.00 $245.00 $245.00 $245.00 528,175.00 $3,920.00 $4,410.00 $3.675.00 Total Plate Charges Total Bag Film $30,044.07 $0.00 $40,157.00 1 $40,180.00 Artwork & Plate Charges Inteplast Group Niaflex Direct Plastics A Novolex Company Trinity Packaging Product ID # of Colors $ per PlatelColor Total Cost $ per PlatelColor Total cost $ per PlatelColor Total Cost 401b 100% Manure 1 cuff Pro Plant Mix 1 cuff Garden Soil 32gt Container Mix 8 8 8 8 $100.00 $100.00 $100.00 $100.00 $800.00 $800.00 $800.00 $800.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $112.50 $112.50 $112.50 $112.50 $900.00 $900.00 $900.00 $900.00 Total Plate Charges $3,200.00 $0.00 $3,600.00 Total Bag Film + Total Plate Charges $33,244.07 $40,157.00 $43,780.00 Overall Total $96,267.87 $115,620.60 $120,678.00 I NTEPLAST GR©UP Enq veered Flrns Pace Quotation Quote # 483.1 1 Sales Rep House, House Quote Deliver Date IEF Prattville 7/3112017 Customer City of Hutchinson 2DO Great Gulf Dr Concord, Onlano L4K 5W5 7549 Brokerage Dr. Orlando, FL 32809 1107 Doster Rd Prattville, AL 36067 Expiration Date Formerly P+O Packaging 8/30/2017 An Inteplast Company Formerly Nieflex Corp. Formerly Lone Star Plastics IEF Facility IEF Orlando Ship To Hutchinson, MN 55350 ER. Dale Counts Unit 61//2077 Item Description Min Qty Freight Terms Unit unit Itis 31 unit .75CF SplendGro Topsoil-MLB SplendorGro Compost w/Manure, 36LB Potting Soil 27"(00275)White OP CFS PRT 7C 18" Repeat 60 1 Prepaid 1,000 M 92.41 $170.031M 27"(00275)White OP CFS PRT 7C 18" Repeat 225 Prepaid 1,000 M 92.41 $149.71M 27"(00275)White OP CFS PRT 7C 18" Repeat 302 Prepaid 1,000 M 92.41 $14T861M No Slip Linear Low UVI - Plus Artwork and Plates if applies Comments/Notes: 3 Week Lead Time - Add 2 Weeks for New or Changed Artwork Approval - COMBINED ACCEPTED MIN. 25M - PLATE CHANGE $100 PER COLOR General: Our agreement with you is subject to change by us upon strikes, acts of God and/or nature, material shortages or other delays that are unavoidable or beyond our control. Claims involving quantity, quality, or damaged product must be made no later than 180 days after delivery. Goods will not be accepted for return without our written consent- Product specifications are based on commercially acceptable tolerances In the event that legal means are necessary to collect an invoice, customer agrees to pay all legal fees and collection charges. Resin Price Increases: When resin prices change between time of quotation and bme of order placement, we reserve the right to immediately change the price(s) for all products if change is required. In the event that resin producers institute a "Force Majeure" events, we reserve the right to adjust listed prices and/or shipment dates in accordance with our ability to purchase resin. Prices are subject to change without notice. Liability, Sole Remedy. We make no representations or warranties of any kind, either express or implied, Including, but not limited to, warranties of merchantability or fitness for a particular purpose. In no event will we be liable to you for any indirect, incidental, special, or consequential damages of any kind, or loss of revenue or profits, loss of business, or other financial loss even if we have been adivsed of the same. Your sole and exclusive remedy for non -conforming or defective product shall be either the refund of the purchase price for the non-conformmg or detective product or replacement of the non -conforming or defective product, as determined by us; provided that, you much notify us of any such as non-conformance. Taxes. In addition to the purchase price for product, you will be invoiced and responsible for all applicable sales, use, and similar taxes on account of the sale of the product from us to you. Indemnification: You will defend, indemnify, and hold us harmless from and against any and a claims, liability, and expense (including reasonable attomeys fees): (1) for injury or death of any person and, (2) for damage or loss of property (including the environment), relating in any way to your possession, use, handling. storage, processing, disposal, resale, or retransfer of product puchased from us. Confidentiality: You agree to keep the terms and conditions of this price quote confidential. InventoryCustomer is responsible for any and all inventory produced and will be invoiced if product is not shipped within 60 days, unless otherwise agreed upon. IEF Westborough IEF Dalton IEF Garland Harernar IEF Orlando IEF Prattville 5 Oils St Westborough, MA 01581 1403 Needham Dr. Dalton, GA 30720 2875 Market St 01 DO Garland, TX 75041 2DO Great Gulf Dr Concord, Onlano L4K 5W5 7549 Brokerage Dr. Orlando, FL 32809 1107 Doster Rd Prattville, AL 36067 Formerly Danafitms Corp. Formerly P+O Packaging Formerly Lone Star Plastics An Inteplast Company Formerly Nieflex Corp. Formerly Lone Star Plastics 7/31/2017 t i INTEPLASTGRouP 0% w ?!,j.r,eeFed Vi�m5 Price Quotation Quote # 484.1 J Sales Rep House, House Quote Deliver Date 7/31/2017 Customer City of Hutchinson 1403 Needham Dr. Dalton, GA 30720 Expiration Date 8/30/2017 7549 Brokerage Dr. Orlando, FL 32809 1107 Roster Rd Prattville, AL 36067 IEF Facility IEE Orlando Formerly P+O Packaging Ship To An Inteplast Company Formerly Niatlex Corp. Formed Lone Star Plastics Hutchinson, MN 55350 Eff. pate Count! Unit 011j'Z017 Item Description Min Qty Freight Tants Unit Unit lbs $1 Unit 2Y"(00275)White OP CFS PRT 7C 16" Repeat 20LB 60 Prepaid 1,000 ! M 69.97 5136.441M SplendorGro Potting Soil 23"(00275)White OP CFS PRT 7C 16" Repeat 20113 120 Prepaid 1,000 M 69.97 $123.151M SplendorGro Potting Soil No Slip linear Low UVI - Plus Artwork and Plates if Applies Comments/Notes: 3 Week Lead Time - Add 2 Weeks for New or Changed Artwork Approval - COMBINED ACCEPTED MIN. 25M - PLATE CHANGE $100 PER COLOR General) Our agreement with you is subject to change by us upon strikes, acts of God and/or nature, material shartages or other delays that are unavoidable or beyond our control. Claims involving quantity, quality, or damaged product must be made no later than 180 days after delivery. Goods W II not be accepted for return without our written consent. Product specifications are based on commercially acceptable tolerances. In the event that legal means are necessary to collect an invoice, customer agrees to pay all legal fees and collection charges. Resin Price Increases: When resin prices change between time of quotation and time of order placement, we reserve the right to immediately change the price(s) for all products if change is required. In the event that resin producers institute a "Force Majeure" events, we reserve the right to adjust listed prices andlor shipment dates in accordance with our ability to purchase resin. Prices are subject to change without notice. Liability; Sole Remedy: We make no representations or warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. In no event will we be liable to you for any indirect, incidental, special, or consequential damages of any kind, or loss of revenue or profits, loss of business, or other financial loss even if we have been adivsed of the same. Your sole and exclusive remedy for non -conforming or detective product shall be either the refund of the purchase price for the non-confdfming or defective product or replacement of the non -conforming or defective product, as determined by us; provided that, you much notify us of any such as non-conformance. Taxes: in addition to the purchase price for product, you will be invoiced and responsible for all applicable sales, use, and similar taxes on account of the sale of the product from us to you. Indemnification. You will defend, indemnify, and hold us harmless from and against any and all claims, liability, and expense (including reasonable attorneys fees): (1) for injury or death of any person and, (2) for damage or lass of property (including the environment), relating in anyway to your possession, use, handling, storage, processing, disposal, resale, or retransfer of product puchased from us. Confidentiality: You agree to keep the terms and conditions of this price quote confidential. Inventory: Customer is responsible for any and all inventory produced and will be invoiced if product is not shipped within 60 days, unless otherwise agreed upon. IEF Westbomugh lEF Dalton IEF Garland Haremar IEF Orlando IEF Prattville 5 Otis St. Westborough, MA 01581 1403 Needham Dr. Dalton, GA 30720 2875 Market St #100 Garand. TX 75041 200 Great Gulf Dr. Concord, Ontario L4K 5W5 7549 Brokerage Dr. Orlando, FL 32809 1107 Roster Rd Prattville, AL 36067 Formerly Daneblms Corp. Formerly P+O Packaging Formerly Lane Star Plastics An Inteplast Company Formerly Niatlex Corp. Formed Lone Star Plastics rift -11 OEVA hJ INTEPLAST GROUP Fnginerred Frirrl� Price Quotation Quote # 485.1 Sales Rep House, House Quote Deliver Date 7/31/2017 Customer City of Hutchinson Expiration Date 8/30/2017 IEF FacilitYJEF Orlando Ship To Hutchinson, MN 55350 Item Description 29R(00275)White CFS PRT 7C 18.5" Repeat Min Qty 20 Freight Terms Prepaid Count! Unit 1.000 Unit M Unit lbs 103.77 Eff. Daft 81112017 $1 Unit $240.751M 29"(00275)White CFS PRT 7C 18,5" Repeat 50 Prepaid 1,000 M 103.77 $190.94/M 29-(00275)White CFS PRT 7C 18.5" Repeat 115 Prepaid 1,000 M 103.77 $174.33111V! No Slip Linear Low UVI - Plus Artwork and Plates if Applied WonderBlend Comp. Manure, Prof. Planting Mix, Garden Soil Comments/Notes: 3 Week Lead Time - Add 2 Weeks for New or Changed Artwork Approval - COMBINED ACCEPTED MIN. 25M - PLATE CHANGE $100 PER COLOR General: Our agreement with you is subject to change by us upon strikes, acts of God and/or nature, material shortages or other delays that are unavoidable or beyond our control. Claims involving quantity, quality, or damaged product must be made no later than 180 days after delivery Goods will not be accepted for return without our written consent Product specifications are based on commercially acceptable tolerances. In the event that legal means are necessary to collect an invoice, customer agrees to pay all legal fees and collection charges. Resin Price Increases: When resin prices change between time of quotation and time of order placement, we reserve the night to immediately change the price(s) for all products if change is required. In the event that resin producers institute a "Force Majeure" events, we reserve the right to adjust listed prices and/or shipment dates in accordance with our ability to purchase resin. Prices are subject to change without notice. Liability, Sole Remedy: We make no representations or warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. In no event will we be liable to you for any indirect, incidental, special, or consequential damages of any kind, or loss of revenue or profits, loss of business, or other financial loss even if we have been adivsed of the same. Your sole and exclusive remedy for non -conforming or defective product shall be either the refund of the purchase price for the non -conforming or defective product or replacement of the nonconforming or defective product, as determined by us, provided that, you much notify us of any such as non-conformance. Taxes: In addition to the purchase price for product, you vnll be invoiced and responsible for all appiicabte sates, use, and similar taxes on account of the sale of the product from us to you. Indemnification: You wilt defend, indemnify, and hold us harmless from and against any and all claims, liability, and expense (including reasonable attorneys fees): (1) for injury or death of any person and, (2) for damage or loss of property (including the environment), relating in arty way to your possession, use, handling, storage, processing, disposal, resale, or retransfer of product pudhased from us. Confidentiality: You agree to keep the terms and conditions of this price quote confidential. Inventory: Customer is responsible for any and all inventory produced and will be invoiced if product is not shipped within 60 days, unless otherwise agreed upon. IEF Westborough IEF Dalton IEF Garland Haremar IEF Orlando IEF Prattville 5 Otis St- Westborough, MA 01581 14173 Needham Dr. Dalton, GA 30720 2875 Market. Sl. #100 Garland, TX 75041 200 Great Gulf or. Concord, Ontario L4K 5W5 7549 Brokerage Dr. Orlando, FL 32809 1107 Doster Rd Prattville, AL 36067 Formerly Danafilms Corp. Formerly P+O Packaging Formedy Lone Star Plastics An Inteplast Company Formerly Niallex Corp. Formerly Lone Star Plastics 7181/2017 INTEPLASTGRQUP qio Fntaineered films Price Quotation Quote # 486.1 Sales Rep! House, House Harernar Quote Deliver Date 7/311201 I Customer City of Hutchinson 1403 Needham Dr, Dalton, GA 30720 2875 Market St 4100 Garland, TX 75041 200 Great Gulf Dr. Concord, Ontario 1-4K 5W5 Expiration Date 8/30/2017 1107 Doster Rd Prattville, AL 36067 Formerly Danafilms Corp. Formerly P+O Packaging Formerty Lone Star Plastics IEF Facility IEF Orlando Formerly Lone Star Plastics Ship To Hutchinson, MN 55350 Eff. Dafe Count! Unit $1112017 Item Description. Min Qty Freight Terms Unit Unit Ids j 1 Unit 29"(00275)White CFS PRT 7C 19.5" Repeat WonderBlend 32gt 15 Prepaid 1,000 M 1179 3B 5271.2&110 Container Mix 29"(00275)White GFS ART 7C 19.5" Repeat Wonderl3lend 32gt 50 Prepaid 1,000 M 109.38 $199.07110 Container Mix 29"(00275)While CFS PRT 7C 19.5" Repeat WonderEllend 32gt 115 Prepaid 1,000 M 109.38 $183.76110 Container Mix No Slip Linear Low UVI - Plus Artwork and Plates if Applies Comments/Notes: 3 Week Lead Time - Add 2 Weeks for New and Changed Artwork Approval - COMBINED ACCEPTED MIN. 25M - PLATE CHANGE $100 PER COLOR General: Our agreement with you is subject to change by us upon strikes, acts of God and/or nature, material shortages or other delays that are unavoidable or beyond our control. Claims involving quantity, quality, or damaged product must be made no later than 180 days after delivery. Goods will not be accepted for return without our written consent. Product specifications are based on commercially acceptable tolerances In the event that legal means are necessary to collect an invoice, customer agrees to pay all legal fees and collection charges. Resin Price Increases: When resin prices change between Ume of quotation and time of order placement, we reserve the right to immediately change the price(s) for all products if change is required. in the event that resin producers institute a "Force Majeure" events, we reserve the right to adjust listed prices andlor shipment dates in accordance with our ability to purchase resin. Prices are subject to change without notice. Liability; Sole Remedy: We make no representations or warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. In no event will we be liable to you for any indirect, incidental, special, or consequential damages of any kind, or loss of revenue or profits, loss of business, or other financial loss even if we have been adivsed of the same. Your sole and exclusive remedy for non -conforming or defective product shall be either the refund of the purchase price for the non -conforming or defective product or replacement of the non -conforming or defective product, as determined by us; provided that, you much notify us of any such as non-canformanoe. Taxes: In addition to the purchase price for product, you will be invoiced and responsible for all applicable sales, use, and similar taxes on account of the sale of the product from us to you. Indemnification: You will defend, indemnity, and hold us harmless from and against any and all claims, liability, and expense (including reasonable attorneys fees): (1) for injury or death of any person and, (2) for damage or loss of property (including the environment), relating in anyway to your possession, use, handling, storage, processing, disposal, resale, or retransfer of product puchased from us. Confidentiality: You agree to keep the terms and conditions of this price quote confidential. Inventory. Customer is responsible for any and all inventory produced and will be invoiced it product is not shipped within 60 days, unless otherwise agreed upon, IEF Westborough IEF Dalton IEF Garland Harernar IEF Orlando JEF Prattville 5 Otis sl- Westborough, MA01581 1403 Needham Dr, Dalton, GA 30720 2875 Market St 4100 Garland, TX 75041 200 Great Gulf Dr. Concord, Ontario 1-4K 5W5 1549 Brokerage Dr. Orlando, FL 32809 1107 Doster Rd Prattville, AL 36067 Formerly Danafilms Corp. Formerly P+O Packaging Formerty Lone Star Plastics An Inteplast Company Formerly Niaflex Corp. Formerly Lone Star Plastics 7131/2017 QUOTE FORM VENDOR NAME: Oli cc 1 �'� lr�t' S"" tcr` I`r !- a I�;� "'� � � r;.•:x s� VENDOR ADDRESS: SALES REPRESENTATIVE: CONTACT PHONE NUMBER: b �C-). FAX NUMBER: ENTAIL ADDRESS: G sof ;A Product ID Q uantlt Splen dorGro .75 tuft Topsoil 225,0001mp5 36 Ib Compost W/ Manure 67,000Imps 36 ib Potting Sall 60.000 1 P. 20 lb Potting Sall 57,000 Im ps 2018Season Quote PRODUCT GRAPHICS DEVELOPMENT (.et -up & picta5) Are set-up and plate charges included In Fiim Price bova?: YES._ NO: If no, please list the cost of pla£cm per color horo, along with any associated s®t-up foes or applicable fees: StoragoFVVareh o using Costs, if any: $ i6 months Number of days for delivery, after buslness Is awarded. ••.� Gonerel Worranty: YES., V., NO: DURATION: CreekSide Compost Facility is a tax-exempt entity Page 6 of 7 2 months QUOTE FORM VENDOR NAME1VC VENDOR ADDRESS: fit._ `_},�i�, c SALES REPRESENTATIVE: l ase ,moi I }.�'riye x .l CONTACT PHONE NUMBER: L-11 -_1 1 ,,i `� yX4121 [010%1.3 10% -a EMAIL ADDRESS:L-4_.: a Product Type ua ntit Won�dperBlend �y 401b YVanderBlend Manure 115,000 IM ps 1 curt WonderBiand Pro Pia nt Mlx 16,000 I. -r. ps 1 cufT.WondarBlend Garden Soli 18,0001mps 32 gtWand arBiend Container Mix 15,0001mps 2018 Seesah Q._ote PRODUCT GRAPHICS DEVELOPMENT (sit-up & plates) Are set-up and plate charges Included In Film Pride above?: YES:y' NO: Ir no, please ilst the cost or plates per color here, along with any a. ssociated set-up Pees or applica bie Tees Stora g e/War a h o u al n g Coats, IT any: $ ffi months rr _ Number of days for delivery, ofter businoss Is aworded. C] L - :'v( Ganere I Worranty: YES: s/I NO: DURATION; CreekSide Compost Facility is a tax-exempt entity Page 6 of G months HUTCHINSON CITY COUNCIL CayofAa� Request for Board Action 7AL =-=-7 Agenda Item: Transient Merchant License Application - Jodi Swaja Department: Administration LICENSE SECTION Meeting Date: 8/8/2017 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff✓❑ Consent Agenda Time Requested (Minutes): 5 License Contingency No Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Jodi Swaja has submitted a transient merchant license application to operate a pop-up shop featuring women's apparel. Ms. Swaja intends to rent the Depot on multiple occasions throughout the year to host these sales. Ms. Swaja has operated similar -type shops in St. Cloud, New Brighton and Shakopee. Ms. Swaja has submitted all appropriate documentation required for the license. BOARD ACTION REQUESTED: Approve issuing a transient merchant license to Jodi Swaja to operate pop-up women's apparel/accessory shop. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor and Council FROM: Chief Daniel T. Hatten ❑ATE: August 3, 2017 RE: Transient Merchant License Application A background check was conducted on Jodi Swaja for her "pop-up" shop Honey & Lace to be operated at the Depot in the City of Hutchinson. It would be my recommendation to grant Jodi Swaja this transient merchant license based on the information gathered during the investigation. I I1 !�.c.•.;�n Strcr[-`.cnuhE:,i,t City of Hutchinson. APPLICATION FOR PEDDI-ERS AND "['RA,NSIII:N'I' MFR(-'[IAiV'1 s Wilder [3rriinancc No. 11.1) lj [l t,:P [fl l � .Ill. i E.1[ EItiL link k I.J( Peddler 5125.00 Dale of Application 07103/20/7 1 falls ieiit Mere liam 5125.00 1 icense Period: LI I�xpires un f)rcember 3 I " of liccnt:c year a Valid for The Jirllawing dates: 07/03/2017 to 07/03/2019 J Paunde Peddler 5 •3000 Rate of'parude: _ M _.. — �1: 2• X 2' Picture Required --- - I Namc- ,Jodi Swa}a height: -51— - Weight: 145 Eye Color: Hazel Drivers I.ieeinse % umbir: State: { ' Permanew Address: 17003 236th Circe Hutchinson MN - 55350 ..'' ['pry 3. Per rTtanitt T41eplir�t�c. 952_451_0143 i J ernporan: Address- 0^ ddress-0 5'rrfre Jit _ _ fern�nrar. T�!er•iiEin: ;tcc�ss: I law yotl been convicied of ant crime, misdernc°anor. of violation of any municipal ordistance, othuf tial. traff)c viotation.'? ru yet j(nn it yes. state the nature ol'offense ,trld l)unishmcnt or penalty assessed therelore. MN I, c.,j. for !1edjjv,-3 ',)/ 4 .......... ... Adam$ Street Hutchinson. ......... . .. . .. ...... .. . ............. ..... Cll� If the appl-IL411k 15 NOL the properi\ titvancr, theI 11r-Operly t)y.% nt•r must -,ign [)�IotN gj,ajjtijjL1 permission to" use 01 said propem,: )"LLn r4:jatioriship and VfTylu.wl Same . ....... .............. . . Describe nature of business and describe itens) offered: Clothing sale D.escriN- method of delivery: ud,h dr id uw ry UMI-1he j()LIT'Ce of Supply Jodi Swaial(Honey & Lace 17003 236th Circle NO N.. 55350 952-451-0143 Hutchinsun --Ma— Clev State 7q) -- FG4?1' Kw r+hc•r ..... .. . ....... . . . . . ........ .... iqqlpfjer q ddri z 1 rh 'Vale lrjr . . ..... ... I . . . .... .ire pp't., Na,pw Seipp 1" r Pira w U mb,-r . . . . ....... . ... ............ . . Srrpy�t . . . ........ . . . s,rs. Ort, . ... ...... . . . .. ................ �1 ..................... .. Slaw Z111 . .......... ... ..... . . Provide lw�) (2) propervv Owner's (in McLcod CI UMV fOr idlal'aCteh Cft;t-C7j1CC,5. Thomas Pifiske 612-D 4 1 Prope, t t.1 l hrrrar Pharte 1•1410? b Em. 129 3rd Avenue NW Plato MN 5537Q Cin- Sluts 2'111 Jennifer Plath 320-583-9597 J,; Opc? {t' Ott fit l \awle p'-perw Own., r llhooe, Voinibe, 21502 Yvik Rd MN 55350 ... . ..... ...... .... .. . 'in qj Hrrrelrrrrsorr Ipplic'4wit for Peddlers'rrra! rrel+aiwepI ,`icrclru,rr•s N,r%!e i W 4 li 14IrtC I1.1 errlrlrrll, ,ntintied) ......,.4..... _,_. _......... _.._......M_._.._..._ ...... ..... I ist last I.rcp to three [. )) prcviotls citgies) kallcrL f ou carr•itA ori Sart. i aCtiVit" Sitnrtltidr.:tc } pric '.i: z; od r date }- Ou � rri �rrrr,� f+ru,�r$'r <<( •tr rlrrn N � � ............__._ M[''� 06 to n erne' l:hrrei.sj 4.lcrlrrn Itt C7 to --- "r a�; .Slurs i'?,ve'/sl off. ic', n:fp 1 lrc I`NJJIU>F trlU Items (ICCO to hetac contpketed andic)r attached in or -der fnr The appllrariort to be prucc.wscd' �,'Ippli.:;ltion:'lcnrrr�tiencinn !`ec paid in full lcJlcek or elluncr ordcrY: � tic, = nr7 L__... pI lication cotmpleted in filll and yigfled- Jd w.. _ U nr her 'k; ec (; t , 1 hate C0111(i t, l}' IiIICd Utlt tllC CtlC1rC 8be)scppfiGatitrrtand #E�a! the application is true, eczrrret. and e�ccuratr. w14' !'.1,';`i : li Qi Cale PvddJv' . Soli :1'o—, and I ransierit Merchants Ordinance No- i, ' ;Ill a i n:l J. '.lrt'!'::, ,i 1:.: uarlrl c'r.ns irl:r 1 1!•. ra':;'`,i Al' tle j':nl ishe.'. b.. a 1-11c not e':ceeding $ 1.000.00 or by imprisoriiment for it pm,)d ;ioi ci�c'L:.il'i_,'�.� i i1_� •: ;ar !?o,h, G7.U5, in 4'It}lifCLCS1 , th-. �: rl ii; plol eCtl;loll_ rr 07103/2017 .......-.... pure _. .. �..—..... ..... .._..I I.,._ -- 3113t'€: }c'Nilr Poficc C�aPl�ruus:d Q deniad dotes; CM i_UUr1C11 J approwd J denied No(cti: ii;€.�.,ci iai�,�,l€i;».:.o:;:er•s'"�tii�1 it ',,:iie i;,•r t;.,: �i�'I jn� CHECK REGISTER FOR CITY OF HUTCHINSON CHECK DATE FROM 07/26/2017 - 08/08/2017 Check Date ------------------- 07/26/2017 Check ----------------- 197265 Vendor Name ------------------------------------------------------------ GOODYEAR COMMERCIALTIRE Description ---------------------------------------------------------------------------- WALKING FLOOR TRAILERS Amount -------------------- 1,704.83 08/04/2017 197266 NCPERS 7/16 - 7/29/2017 PAYROLL 336.00 08/04/2017 197267 HART 7/16 - 7/29/2017 PAYROLL 662.21 08/04/2017 EFT514 EFTPS 7/16 - 7/29/2017 PAYROLL 78,780.56 08/04/2017 EFT515 Aflac 7/16 - 7/29/2017 PAYROLL 170.41 08/04/2017 EFT516 MN Dept of Revenue 7/16 - 7/29/2017 PAYROLL 14,554.85 08/04/2017 EFT517 PERA 7/16 - 7/29/2017 PAYROLL 46,603.38 08/04/2017 EFT518 TASC-Flex 7/16 - 7/29/2017 PAYROLL 1,886.76 08/04/2017 EFT519 TASC-H S A 7/16 - 7/29/2017 PAYROLL 12,179.08 08/04/2017 EFT520 ICMA 7/16 - 7/29/2017 PAYROLL 2,322.40 08/04/2017 EFT521 VOYA 7/16 - 7/29/2017 PAYROLL 990.00 08/04/2017 EFT522 MNDCP 7/16 - 7/29/2017 PAYROLL 305.00 08/08/2017 197268 3D SPECIALTIES TELESPAR 4,260.53 08/08/2017 197269 ABSOLUTE LOGISTICS LLC SHIPPING 7/20-7/21/17 665.00 08/08/2017 197270 ACE HARDWARE VARIOUS R&M SUPPLIES 477.98 08/08/2017 197271 VOID 08/08/2017 197272 ADVANCED POWER SERVICES, INC LOAD BANK TEST 950.00 08/08/2017 197273 AEM MECHANICAL SERVICES INC DEHUMIDIFIER REPAIR 655.01 08/08/2017 197274 ALLIED PRODUCTIONS & SALES CLEAR COM MAIN STATION 1,700.00 08/08/2017 197275 ALPHA WIRELESS PAGING SYSTEM SERVICE WORK 1,111.00 08/08/2017 197276 AMERICAN BOTTLING CO POP 126.16 08/08/2017 197277 AMERICAN DOOR WORKS CONTROL SWITCH, COMM SERV WORK 384.02 08/08/2017 197278 AMERIPRIDE SERVICES MOPS, TOWELS 100.31 08/08/2017 197279 ANDOVER SR HIGH SCHOOL 2017 SUMMER SYMPOSIUM TRAINING A. ERLAND 483.00 08/08/2017 197280 ARCTIC GLACIER USA INC. ICE 1,020.03 08/08/2017 197281 ARNESON DISTRIBUTING CO JULY COST OF GOODS - LIQUOR 918.30 08/08/2017 197282 ARTISAN BEER COMPANY JULY COST OF GOODS - LIQUOR 507.60 08/08/2017 197283 ASPEN MILLS ALPHA ZIP BOOT/BOOTS BLACK 342.07 08/08/2017 197284 AUTO VALUE - GLENCOE MALE PIPE, POWER WASH 129.80 08/08/2017 197285 AUTOMATIC SYSTEMS CO WORK PERFORMED 706.18 08/08/2017 197286 B & C PLUMBING & HEATING INC SERVICED FURNACE 178.00 08/08/2017 197287 B & D STRIPING, LLC RESTRIPED AND NEW SEALCOAT AT PW 950.00 08/08/2017 197288 BARGEN INC REPLAY APPLICATON #2, ORIGINAL IN 2012 27,564.50 08/08/2017 197289 BELLBOY CORP MISC OPERATING SUPPLIES 1,930.02 08/08/2017 197290 BENNY'S MEAT MARKET DIRECTORS PICNIC MEATS AND BUNS 308.96 08/08/2017 197291 BERNICK'S MISC DRINKS 622.68 08/08/2017 197292 BLACK GOLD ENVIRONMENTAL SERVICES CLEANOUT OIL BURNER 597.98 08/08/2017 197293 BLUE VALLEY SOD PEAT DELIVERED 3,800.00 08/08/2017 197294 BMI ANNUAL FEE 342.00 08/08/2017 197295 BRANDON TIRE CO REPAIR LAWN TIRE/NAIL 37.98 08/08/2017 197296 BRAUN INTERTEC CORP SERVICES RENDERED THRU 6/16/17 3,375.00 08/08/2017 197297 BREAKTHRU BEVERAGE JULY COST OF GOODS - LIQUOR 14,428.37 08/08/2017 197298 BUSINESSWARE SOLUTIONS JULY Cost per Print 1,415.44 08/08/2017 197299 C & L DISTRIBUTING JULY COST OF GOODS - LIQUOR 49,272.73 08/08/2017 197300 CARS ON PATROL SHOP LLC SET UP 2013 CHEVY CAPRICE FOR USE BY BLDG INSP 470.75 08/08/2017 197301 CENTRAL MCGOWAN FACESHIELD CLEAR W/RATCHET HEADGEAR 133.59 08/08/2017 197302 CHEMISOLV CORP CHEMISOLV US 9175 POLYMER 6,929.48 08/08/2017 197303 CHEP RECYCLED PALLET SOLUTIONS LLC 07 B GRADE 48X40 1,802.67 08/08/2017 197304 CORPORATE MECHANICAL SPRING PM REPAIRS 1,810.00 08/08/2017 197305 CROW RIVER AUTO & TRUCK REPAIR 2016 CHEVY CAPRICE OIL CHANGE 579.56 08/08/2017 197306 CROW RIVER PRESS INC ANIMAL IMPOUND FORM 379.77 08/08/2017 197307 CUSTOMIZED FIRE RESCUE TRAINING INC 3 HOUR CLASS ICE RESCUE 400.00 08/08/2017 197308 DAVE GRIEP CLEANING CLEAN WINDOWS 45.00 08/08/2017 197309 DPC INDUSTRIES INC HYDROFLUORSOLIC ACID BULK 3,238.94 08/08/2017 197310 DROP -N -GO SHIPPING INC JACKS UNIFORM & EQUIP POSTAGE 668.33 08/08/2017 197311 E.G. RUD & SONS INC. STAKE SIDEWALK FOR CONSTRUTION /SET UP 507.50 08/08/2017 197312 E2 ELECTRICAL SERVICES INC ELECTRICAL SERVICES FOR VARIOUS FACILITIES 699.15 08/08/2017 197313 ELVATRETTON SENIOR TOUR REFUND 96.00 08/08/2017 197314 EMPLOYMENT RESOURCE CENTER WK ENDING 7/16/17 1,327.20 08/08/2017 197315 EMPLOYMENT RESOURCE CENTER UA THOMAS CAMP/KOSEK-HACKER 1,276.36 08/08/2017 197316 I ERICKSON ENGINEERING CO LLC IREHABILITATION BRIDGES 1,754.50 CHECK REGISTER FOR CITY OF HUTCHINSON CHECK DATE FROM 07/26/2017 - 08/08/2017 Check Date --------- --- --- ---- 08/08/2017 Check ----------------' ------------- 197317 Vendor Name ------------------------------------------------------------ EXNER, KENT Description ---------------------------------------------------------------------------- 5/22/17-6/29/17 EXPENSE REIMBURSEMENTS Amount -------------------- 366.61 08/08/2017 197318 FARM -RITE EQUIPMENT BOBCAT PU BROOM PARTS 148.02 08/08/2017 197319 FASTENAL COMPANY POST BASE, 45 DEG CONNECT 396.14 08/08/2017 197320 FIRST CHOICE FOOD & BEVERAGE SOLUTI COL 1.5 FP CASE 304.00 08/08/2017 197321 FOREST EDGE WINERY JULY COST OF GOODS - LIQUOR 117.00 08/08/2017 197322 FORESTRY SUPPLIERS INC SPRAYER, COPPER 639.20 08/08/2017 197323 G & K SERVICES MATS, TOWELS, MOPS, SOAP 124.23 08/08/2017 197324 GAVIN, DONLEY & OSTLUND, LTD JUNE LEGAL SERVICES 3,300.00 08/08/2017 197325 GEMPLER'S INC LEAF BAGS, LANDSCAPE CLEANUP BAG 118.15 08/08/2017 197326 GOPHER STATE FIRE EQUIPMENT CO. AMEREX ABC CHARGE 255.00 08/08/2017 197327 GRAINGER PVC, COUPLINGS, CONNECTORS 46.67 08/08/2017 197328 GREATER MN COMMUNICATIONS LEGION BASEBALL PRGRAM 1/2 PAGE 120.00 08/08/2017 197329 GRO-WELL BRANDS, INC WEST CEDAR CHIPS 2,218.50 08/08/2017 197330 HANSEN GRAVEL 1 YD GRANITE SAND 46.00 08/08/2017 197331 HANSEN TRUCK SERVICE SERVICE TANKER 4 REPLACE VALVE COVER GAS 335.35 08/08/2017 197332 HANSON & VASEK CONSTRUCTION EMERGENCY REPAIR COLLAPSED C/B REPAIR 8,260.00 08/08/2017 197333 HAWKINS INC 150#CYL, POOL SUPPLIES 2,640.13 08/08/2017 197334 HCVN-TV 2ND QTR NU TELECOM FRANCHISE FEE 24,519.22 08/08/2017 197335 HILLYARD / HUTCHINSON MOP, TOWELS, LINERS 763.75 08/08/2017 197336 HJERPE CONTRACTING AQUATIC CENTER FINAL PAY REQUEST 58,200.00 08/08/2017 197337 HOHENSTEINS INC JULY PURCH 499.00 08/08/2017 197338 HOLT TOUR AND CHARTER INC. TUES SEPT 26, 2017 TOUR 770.00 08/08/2017 197339 HUTCHINSON CO-OP GAS 20,451.46 08/08/2017 197340 HUTCHINSON CONVENTION & VISITORS BU JUNE 2017 LODGING TAX 11,393.28 08/08/2017 197341 HUTCHINSON UTILITIES PERA RATE INCREASE AID 10,793.37 08/08/2017 197342 HUTCHINSON WHOLESALE #1550 ADAP PLG 453.86 08/08/2017 197343 HUTCHINSON, CITY OF WATER/SEWER JUNE 1400 ADAMS ST SE 1,129.57 08/08/2017 197344 HUTCHINSON, CITY OF WATER & SEWER SERVICE 6/1/17-6/30/17 212.29 08/08/2017 197345 I.M.S. SHARPENING SERVICE CATCH BASIN REPAIRS 1,800.00 08/08/2017 197346 INDUSTRIAL PNEUMATIC SYSTEMS FILTERS/COMPRESSOR OIL 1,519.14 08/08/2017 197347 INTEGRATED POWER SERVICES LLC AO SMITH :3/4 HP 229.94 08/08/2017 197348 INTERSTATE BATTERY SYSTEM MINNEAPOL BSL0905 559.83 08/08/2017 197349 ISD423/PRCE 2017 PRCE FALL BROCHURE AD 137.50 08/08/2017 197350 JACK'S UNIFORMS & EQUIPMENT CUSTOM BADGES 322.99 08/08/2017 197351 JAY MALONE MOTORS TRANSIENT MERCHANT LICENSE REFUND 125.00 08/08/2017 197352 JEFFERSON FIRE & SAFETY INC GROVES DRY KWIK HANGER OPEN LOOP 197.70 08/08/2017 197353 JJ TAYLOR DIST OF MN JULY COST OF GOODS - LIQUOR 7,512.65 08/08/2017 197354 JOES SPORT SHOP 4 TROPHIES 120.00 08/08/2017 197355 JOHNSON BROTHERS LIQUOR CO. JULY COST OF GOODS - LIQUOR 29,013.45 08/08/2017 197356 KAHNKE BROTHERS NURSERY ENERGYTREES 309.50 08/08/2017 197357 KAMCO INC CRACK REPAIR @ ARIPORT-SOUTH END HANGARS 1,000.00 08/08/2017 197358 KERI'S CLEANING CONTRACTUAL CLEANING 7/16-7/31/17 3,344.00 08/08/2017 197359 KEYSTONE COMPENSATION GROUP LLC PUBLIC WORKS JOBS REEVALUATION SUMMARY R 2,520.00 08/08/2017 197360 KOHLS SWEEPING SERVICE PILED CONCRETE AND ASPHALT 5,635.00 08/08/2017 197361 L & P SUPPLY CO 2017 WAM MOWER & TRADE IN OF 4720 TRACTO 41,240.80 08/08/2017 197362 LINCOLN MARKETING MN ADVERTISING ON MAPS 449.00 08/08/2017 197363 LOCATORS & SUPPLIES WHITE FLAG / BLACK PRINT SCREEN #5098 101.85 08/08/2017 197364 LOCHER BROTHERS INC JULY COST OF GOODS - LIQUOR 33,759.40 08/08/2017 197365 LOGIS UPS DELIVERY/ADMIN CHARGE 417.11 08/08/2017 197366 MAGNUSSON, BRIAN WORK PANTS 89.25 08/08/2017 197367 MCLEOD COUNTY REGIONAL RAIL AUTHORI 2017 CONTRACT PAYMENT 30,000.00 08/08/2017 197368 MEEKER COUNTY SHERIFF'S OFFICE 43CR161421 SERVED PAPERS 70.00 08/08/2017 197369 MENARDS HUTCHINSON CART, BLEACH, AJAX 966.75 08/08/2017 197370 MICHAEL MURPHY CONSTRUCTION, LLC CAULKING JOINTS AT WATER PARK 592.49 08/08/2017 197371 MILLNER HERITAGE VINEYARD & WINERY JULY COST OF GOODS - LIQUOR 283.80 08/08/2017 197372 MINI BIFF RENT BLUE MIN BIFF 5/17-6/13/17 517.73 08/08/2017 197373 MINNEAPOLIS, CITY OF APS TRANSACTION FEES FOR JUNE 75.60 08/08/2017 197374 MINNESOTA DEPT OF TRANSPORTATION CHANGEABLE MESSAGE SIGN MAIN ST N 60.00 08/08/2017 197375 MINNESOTA VALLEY TESTING LAB NITROGEN, AMMONIA 868.50 08/08/2017 197376 MMBA JULY 17-18 MN MUNICIPALASSOC ANNUAL DUE 3,700.00 08/08/2017 197377 I MURPHY GRANITE CARVING LAW ENFORCEMENT PARK PAVER 60.00 CHECK REGISTER FOR CITY OF HUTCHINSON CHECK DATE FROM 07/26/2017 - 08/08/2017 Check Date ------------ --- ---- 08/08/2017 Check ------------- ----------------_`Y-- 197378 Vendor Name ------------------------------------------------------------ MYGUY INC. Description ---------------------------------------------------------------------------- 50# BOX TOTAL POWER Amount -------------------- 815.00 08/08/2017 197379 NASH FINCH COMPANY COMMON AREA MAINTENANCE-2ND QTR 737.87 08/08/2017 197380 NEW FRANCE WINE JULY PURCH 1,126.50 08/08/2017 197381 NORTH CENTRAL LABORATORIES BUFFER SOLUTION/LAB MANUAL 591.08 08/08/2017 197382 NORTHERN BUSINESS PRODUCTS SOAP,PAPER, CLEANER ETC 156.43 08/08/2017 197383 NORTHERN SAFETY & INDUSTRIAL EYE WASH FLUID 217.26 08/08/2017 197384 NORTHERN STATES SUPPLY INC IMPACT WRENCH, BATTERY 330.99 08/08/2017 197385 NORTHWEST ASPHALT & MAINTENANCE CRACK SEALING- MONTANA, GOLF COURSE, TEX 25,187.50 08/08/2017 197386 NU-TELECOM August Phone Service 4,118.58 08/08/2017 197387 OFFICE DEPOT CORRECTION TAPE 59.71 08/08/2017 197388 OLSON, JOHN FOOTWEAR REIMBURSMENT 175.00 08/08/2017 197389 PAUSTIS WINE COMPANY JULY COST OF GOODS - LIQUOR 7,847.28 08/08/2017 197390 PEOPLEREADY INC WK ENDING 07/16/17 1,690.80 08/08/2017 197391 PHILLIPS WINE & SPIRITS JULY COST OF GOODS - LIQUOR 5,869.27 08/08/2017 197392 QUADE ELECTRIC VMF - REPLACED TWO BALLASTS AND FOUR CAP 703.60 08/08/2017 197393 QUILL CORP CHAIRMAT 684.67 08/08/2017 197394 R & R EXCAVATING DENVER AVE EXTENSION 23,221.25 08/08/2017 197395 RAMSTAD TECHNOLOGIES LLC FIBER TROUBLESHOOTING & REPAIR 235.50 08/08/2017 197396 READY WATT ELECTRIC MAI NT ON #2 & #6 1,145.00 08/08/2017 197397 RECREONICS HEAD IMMOBILIZER, HEAD STRAP 213.89 08/08/2017 197398 REINER ENTERPRISES INC FREIGHT 7/12-7/13/17 3,148.72 08/08/2017 197399 RICK ANDERSON REFUND FOR JOINT PLANNING VARIANCE APP 496.00 08/08/2017 197400 ROUND LAKE VINEYARDS & WINERY JULY COST OF GOODS - LIQUOR 540.00 08/08/2017 197401 SCHIROO ELECTRICAL REBUILDING INC STACKING CONVEYOR 169.00 08/08/2017 197402 SCHOOL DIST # 423 MAY PRCE CLASSES 50,504.00 08/08/2017 197403 SERVOCAL INSTRUMENTS INC FLOW TEST OF WATER METERS 1,190.00 08/08/2017 197404 SKY PRINTING INC 2017 ORANGE SPECTACULAR SHOW GUIDE 150.00 08/08/2017 197405 SOUTHERN WINE & SPIRITS OF MN JULY COST OF GOODS - LIQUOR 32,086.14 08/08/2017 197406 SPRING LAKE ENGINEERING PROGRAMMING 8,474.90 08/08/2017 197407 STAPLES ADVANTAGE LABELS, FOLDERS, CUPS, PENCILS 188.75 08/08/2017 197408 STRATEGIC EQUIPMENT AND SUPPLY CHEMICALS 281.01 08/08/2017 197409 STREICH TRUCKING FREIGHT 7/17-7/21/17 4,170.00 08/08/2017 197410 SUN LIFE FINANCIAL JULY ADMIN FEES 8,185.29 08/08/2017 197411 TASC September 2017 Flex Adm. Fees 104.12 08/08/2017 197412 TESSMAN COMPANY LINE MARKERS, TURFACE FOR FIELDS 874.80 08/08/2017 197413 THOMSON REUTERS-WEST JUNE PLAN DOCUMENTS 1,498.50 08/08/2017 197414 TITAN MACHINERY LIGHT COMBINATION RIGHT 251.25 08/08/2017 197415 TRUE BRANDS MISC OPERATING SUPPLIES 231.65 08/08/2017 197416 UNITED FARMERS COOP UNLEADED FUEL 16,993.50 08/08/2017 197417 VERIZON WIRELESS JUN24-JUL23'17 USAGE 3,227.54 08/08/2017 197418 VESSCO INC WATSON MARLOW QDOS 1200 PERISTALTIC PUMP 2,425.09 08/08/2017 197419 VIKING BEER JULY COST OF GOODS - LIQUOR 22,705.20 08/08/2017 197420 VIKING COCA COLA MISC POP PURCHASE 1,537.40 08/08/2017 197421 VIKING SIGN & GRAPHICS INC FORD INTERCEPTOR LOGOS 55.00 08/08/2017 197422 VINOCOPIA INC JULY COST OF GOODS - LIQUOR 1,474.25 08/08/2017 197423 VOID Check printer error - 08/08/2017 197424 VOID Check printer error 08/08/2017 197425 VOID Check printer error 08/08/2017 197426 VOID Check printer error 08/08/2017 197427 VOID Check printer error 08/08/2017 197428 VOID Check printer error - 08/08/2017 197429 WASTE MANAGEMENT OF WI-MN SERVICE 5,180.29 08/08/2017 197430 WCCO-AM 2017 SUMMER RADIO CAMPAIGN 6/26-7/9/17 275.00 08/08/2017 197431 WINE COMPANY, THE JULY COST OF GOODS - LIQUOR 3,587.30 08/08/2017 197432 WINE MERCHANTS INC JULY COST OF GOODS - LIQUOR 1,193.00 08/08/2017 197433 WRIGHT COUNTY PLANNING & ZONING SINGLE GRIND MULCH 3,346.82 08/08/2017 197434 ZEP SALES AND SERVICE ZEP DYNA 1,425.55 Total - Check Disbursement 869,291.96 HUTCHINSON CITY COUNCIL Cryo, �— Request for Board Action rd►ST?�? WN Agenda Item: RESOLUTION APPROVING PROPERTY TAX ABATEMENTS FOR THE UPO% Department: EDA LICENSE SECTION Meeting Date: 818!2017 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: Miles R. Seppelt Reviewed by Staff F-] Public Hearing Time Requested (Minutes): 10 License Contingency NIA Attachments: Yes BACKGROUND%EXPLANATION OF AGENDA ITEM: UPONOR, a Finnish company that manufacturers plastic piping and related plumbing products, is completing the purchase of the 237,000 TDKMTI manufacturing building here in Hutchinson. The Minnesota Department of Employment and Economic Development is providing economic development assistance for the project and the company is requesting economic development assistance from the City of Hutchinson as well. The project will create at least 100 jobs within the next two years and result in very substantial investment in the community. Please see ATTACHED memorandum for full details. The Hutchinson Economic Development Authority Board of Directors, in conjunction with the EDA Finance Team reviewed this proposal at a special meeting held on .July 25, 2017 and they are recommending approval. If you have any questions or need additional information, please give me a call anytime at 234-4223. BOARD ACTION REQUESTED: Approval of Attached resolution. Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: CITY OF HUTCHINSON McLEOD COUNTY STATE OF MINNESOTA RESOLUTION NO. 14751 RESOLUTION APPROVING PROPERTY TAX ABATEMENTS FOR THE UPONOR MANUFACTURING FACILITY PROJECT BE IT RESOLVED by the City Council (the "Council") of the City of Hutchinson, Minnesota (the "City"), as follows: 1. Recitals. (a) Uponor, Inc. (the "Company") has requested the City to abate the increase in the City's share of property taxes applicable to the increase in property taxes caused by the acquisition and improvements of the property to be generated for 15 years (specifically, with respect to the payable 2019 through payable 2033), on Tax Parcel No. 23.243.0014 (the "Property") to be acquired by the Company and renovated, retrofitted, upgraded and using of the existing building (the "Project") located in the City on the Property. The abatement (the "Abatement") for the 15 -year period is estimated to be $902,291 with a present value of $514,153. The Abatement is for the increase in City taxes over and above the taxes based on the Payable 2017 market value of $4,702,500, beginning for taxes Payable in 2019. Abatement assistance may be used for the reimbursement of costs related to renovation, retrofitting and upgrading of the existing facility. (b) On the date hereof, the Council held a public hearing on the question of the Abatement, and said hearing was preceded by at least 10 days but not more than 30 days prior published notice hereof. (c) The Abatement is authorized under Minnesota Statutes, Sections 459.1812 through 459.1815 (the "Abatement Law"). 2. Findinjas for the Abatement. The City Council hereby makes the following findings: (a) The Council expects the benefits to the City of the Abatement to at least equal the costs thereof. (b) Granting the Abatement is in the public interest because it will increase or preserve the tax base of the City, help retain and expand commercial and industrial enterprise in the City, and provide employment opportunities in the City. (c) The Council expects the public benefits described in (b) above to be derived from the Abatement. (d) The Property is not located in a tax increment financing district. (e) In any year, the total amount of property taxes abated by the City by this and other resolutions does not exceed the greater of ten percent (10%) of the current net tac capacity or $200,000, whichever is greater. 3. Terms of Abatement. The Abatement is hereby approved. The terms of the abatement are as follows: (a) The Abatement shall be for 15 years and shall apply to the taxes payable in the years 2019 through 2033, inclusive.. (b) The Abatement shall be for 100% of the of City's share of the increase, based on the P2017 market value of $4,702,500, in the ad valorem property taxes generated by the Property which are attributable to the Project. (c) 1'he abatement may not be modified or changed during the term set forth in (a) above, except with the prior written consent of the City. (d) The Abatement shall be subject to all the terms and limitations of the Abatement Law. (e) In order to be entitled to the Abatement, the Company shall not be in default within the City of any of its payment obligations respecting any taxes, assessments, utility charges or other governmental impositions. Adopted on August S, 2017 by the Hutchinson City Council. Mayor Attest: City Administrator Councilmember moved the adoption of the foregoing resolution, and said motion was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly adopted. CITY CLERK'S CERTIFICATE I, the undersigned, being the duly qualified and acting City Clerk of the City of Hutchinson, Minnesota by reason of my office as City Clerk, DO HERESY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of a duly called and regularly held meeting of the City Council of said City held on August S, 2017, with the original minutes thereof on file in my office and I further certify that the same is a full, true, and correct transcript thereof insofar as said minutes relate to property tax abatements for the Uponor Manufacturing Facility Project. WITNESS My hand officially this 8th of August, 2017. Matt Jaunich, City Administrator Hutchinson Minnesota Hutchinson MINNESOTA'S MANUFACTURING CITY MEMORANDUM Date: August 2, 2017 To: Mayor & City Council Matt Jaunich, City Administrator From: Miles R. Seppelt Economic Development Director City of Hutchinson RE: Proposed UPONOR Tax Abatement Executive Summary UPONOR, a Finnish company that manufactures plastic piping and related plumbing products, is completing the purchase of the 237,000 TDK/HTI manufacturing building here in Hutchinson. Uponof The Minnesota Department of Employment and Economic Development is providing economic development assistance for the project and the company is requesting economic development assistance from the City of Hutchinson as well. It is being proposed that the City provide an abatement property taxes projected to be created by the project in the amount of $902,291 over the course of 15 years.. About the company UPONOR is a huge multinational company with operations in 30 countries and sales in over 100. In 2016 the company had sales in excess of $1.25 billion. The company manufactures products for drinking water delivery and radiant heating and cooling. Their three main product groups are: • Indoor climate products (heating, cooling & ventilation (25%) ■ Plumbing products (49%) ■ Infrastructure products (25%) „*St wwhm The company currently has approximately 3,900 employees world-wide and was TOP P named a Top 150 workplace by the Minneapolis Star Tribune for the fifth year in 150 a row in June 2017. woRxeiACrs 2017 UPONOR has major presence in Minnesota with their North American headquarters located in Apple Valley. The Hutchinson Project UPONOR is just completing purchase of the TDK-HTI manufacturing building and plans to convert the facility to manufacture their PEX piping. Their goal is to begin production in early 2019. Phase I is simply acquisition of the property. Phase VI is the conversion of the building for their manufacturing process along with the creation of additional green spaces to better separate the property from the neighbors. This would involve eliminating some of the existing parking lot to create additional green space. Job Creation / Wages UPQNOR projects they will create at least 100 jobs within the next two years as a result of this project. Wages will range from $15.35 to $48.08 per hour, excluding benefits. Benefits are estimated at 35% of wage value. Economic Development Assistance From DEED (proposed) The Minnesota Department of Employment and Economic Development is going all out in support of this project. Their economic development assistance is proposed to be: Job Creation Fund $2 million Minnesota Investment Fund $1 million Job Skills Partnership Grant $400,000 Job Training Incentive Program $200,000 TOTAL $3.6 million From Hutchinson (proposed) The company has also requested economic development assistance from the City of Hutchinson. The Hutchinson Economic Development Authority Board of Directors, in conjunction with the EDA Finance team has carefully reviewed the project and are recommending a tax abatement in the amount up to $902,291 over 15 years. Key points: • This would not be an abatement of existing property taxes — only the increase brought about by a project. • The abatement would be provided on a strictly "pay-as-you-go" basis. (i.e. the company will pay property taxes to the County, the County will provide a check to the City, the City then would provide the tax abatement to the Company, based on the actual amount of funds available.) ■ Abatement not to exceed 15 years. • City reimburses itself for expenses incurred in setting up the tax abatement. The abatement amount was determined by the city's financial advisors, Ehlers & Associates, with data obtained from the McLeod County Assessor's office. As the company makes improvements to the building the property's Estimated Market Value (EMV) will increase, resulting in an increase in property taxes paid. The proposed tax abatement will come out of that projected increase so current property tax payers in Hutchinson will be unaffected. Benefits to the Community The benefits to the community are many: ■ Increased tax base for the school district • Increased tax base for the County • Another large power customer for Hutchinson Utilities • At least 100 new jobs • Wages will be in excess of $4 million annually • Local contractors will receive significant additional business • The employment base of the community is diversified The increased tax base for the school district and McLeod County would manifest itself as either more tax revenue or lower tax rates. Public hearing A public hearing is required before the City Council can take action on the proposed tax abatement. At the public hearing staff will provide a detailed report about the project. In addition, to meet the requirements of the Minnesota Business Subsidies Statute and the City of Hutchinson Business Subsidies policy, the following information will be discussed: 1. A description of the subsidy, including the amount and type of subsidy 2. A statement of the public purpose(s) of the subsidy; 3. Measurable, specific and tangible goals for the subsidy; 4. A description of the financial obligation of the recipient if the goals are not met; 5. A statement of why the subsidy is needed; 6. A commitment to continue operations in the jurisdiction where the subsidy is used for at least five years after the benefit date. 7. The name and address of the parent corporation of the recipient, if any; and, 8. A list of all financial assistance by all grantors for the project. Questions If you have any questions or need additional information, please give me a call anytime at 234-42.23. HUTCHINSON CITY COUNCIL CayofAa� Request for Board Action 7AL =-w Agenda Item: Review of South Central Drainage Area Study Department: PW/Eng LICENSE SECTION Meeting Date: 8/8/2017 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Communications, Requests Time Requested (Minutes): 15 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: As you are aware of, City staff with the assistance of a consultant engineer have been reviewing how to appropriately address a long-term, significant drainage situation within the south central area of the City. Thus, after two stormwater modeling/feasibility design efforts and several interactions with City staff, SEH Inc. has prepared a technical memorandum (see attachment) with supporting information to outline the preliminary design of a stormwater pond facility within Linden Park. Please note that associated local storm sewer system improvements are a necessary component of addressing the overall drainage dynamics. Also, please see the attached memorandum from City staff that provides some history/background regarding this situation and summarizes the results of a recent neighborhood survey. City staff will be present at this meeting to provide an overview of all the previously referenced information. Looking forward, if the pond project is delivered in 2018 as identified within the currently drafted City Capital Improvement Plan, accommodations must be made to offset the elimination of the existing Linden Park ball fields. Please note that a fall construction timeframe would allow for the vast majority of the normal ball field use to occur prior to construction work commencing. However, per conversations with City Parks representatives, they would like to start making modifications to existing ball fields this fall to allow for an appropriate period of time to order/install equipment and accomplish grading/restoration efforts. City Parks staff will be providing preliminary information relative to their proposed improvements (current estimate of $250,000). At this point, if the City Council is accepting of the future development of a stormwater pond facility within the Linden Park area, we would recommend approving the utilization of $250,000 of Stormwater Utility Funds to address City ball field needs in the near future. BOARD ACTION REQUESTED: Approval of the utilization of $250,000 of Stormwater Utility Funds to address City ball field needs. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 250,000.00 Total City Cost: $ 250,000.00 Funding Source: Stormwater Utility Funds Remaining Cost: $ 0.00 Funding Source: SEH Building i Better World for All of Us" TO: City of Hutchinson FROM: April A. Ryan, PE DATE: October 3, 2016 MEMORANDUM RE: Drainage Improvements for the South Central Recreation Center Area Hutchinson, MN SEH No. HUTCH 133347 14.00 BACKGROUND: The City of Hutchinson has experienced ongoing localized flooding in the Linden Park area over a number of decades. This area is located in the southwest portion of the City and is generally defined by Sunset Street to the west, Merrill Street to the east, Linden Avenue to the north, and South Grade Road to the south. Localized flooding has occurred during large and/or intense rainfall events (generally 2 - inches and larger). Significant recent flooding events include: • August 12-13, 2010 Rainfall Events: 2.83 inches received over a 10 hour period, followed 15 hours later by a 0.2 inches event over a 1 hour period. • May 16, 2015 Rainfall Event: 2.13 inches received over a 2 hour period. Documented flooding has occurred on an ongoing basis at the following locations: • Intersection of Sunset Street and South Grade Road • Intersection of Sunset Street and Neal Avenue • Intersection of Merrill Street and South Grade Road • Recreation Center Parking Lot • Residential Backyards between Harrington and Merrill Streets Although the City has previously studied options for addressing flooding in the area, the scope and cost of the alternatives were determined to be unfeasible at that time. In response to the more recent flooding in this area, the City completed two studies in 2012 to better understand the cause(s) and to re-evaluate potential improvements. A Preliminary South Central Drainage Area Study was completed in March of 2012. The study provided an understanding of the localized flooding and identified possible improvements. The study identified a number of concerns with the existing storm sewer system, including: 1) Limited capacity of the local storm sewer system. 2) Limited downstream system storm sewer capacity. 3) Lack of natural surface overflow paths or detention areas. The potential improvements identified in the study included: 1) Increased inlet and storm sewer capacity of the local Linden Park Area storm sewer system. 2) Increased downstream storm sewer capacity and/or installation of a separate storm sewer outlet from the Linden Park Area. 3) Creation of detention area(s) within the Linden Park Area. Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is 100% employee -owned I sehinc.com 1 320.229.4300 1 800.572.0617 1 888.908.8166 fax City of Hutchinson October 3, 2016 Page 2 In October 2012, a Detailed Hydrology/Hydraulic Analysis was completed. The analysis included modeling and further assessment of the potential improvements identified in the March 2012 study. Below find a summary table of the potential improvements and determination of feasibility. Table 1 Improvement: Determination: 1) Increased local inlet and storm This improvement was determined to be necessary in order sewer capacity. to see any improvement in localized flooding. 2) Increased downstream storm sewer Due to the size and length of the existing downstream capacity. system, this option was determined to be cost prohibitive as an immediate improvement. The downstream system capacity should be evaluated as portions of the system are reconstructed and increased accordingly. 3) Installation of a separate storm Routes to the north and south were both considered and sewer outlet from the Linden Park determined to be undesirable due to logistics, elevation area. constraints, and cost implications. 4) Added detention for Linden Park Highly recommended in conjunction with increasing inlet Area. and storm sewer pipe capacity to achieve the most improvement. A more detailed summary of each study is provided in Attachment A. PROPOSED DRAINAGE IMPROVEMENTS: The City is currently planning a neighborhood street reconstruction project for the Linden Park Area, including storm sewer, utility, and street improvements. In conjunction with this project, a more analysis/design of the preferred improvement options was recently completed. The analysis/design included conveyance/storm sewer sizing, detention basin sizing, inlet and outlet configurations, and details. To improve drainage, reduce flooding potential, and provide water quality treatment, the City is considering the following drainage improvements in conjunction with the proposed Linden Park Neighborhood Reconstruction project. 1) Storm Sewer System Improvements (Figure 1) a. Improve inlet capacity by adding additional inlets and provide higher capacity castings. b. Improve pipe capacity by increase of storm sewer pipe sizes to meet current 10 year design standards. c. Provide new storm sewer systems for both Sunset Street and Merrill Street from South Grade Road to Linden Avenue. The proposed systems will include drainage from portions of Neal Avenue, Craig Avenue, Sunset Street, Harrington Street, Clinton Avenue, Merrill Street, and South Grade Road. 2) Detention Basin / Stormwater Treatment Pond This improvement would include the addition of a basin for water quality treatment and flood risk reduction. The proposed Linden Park storm sewer will include two splitter structures to direct low flows / water quality flows into the pond for treatment and also direct large storm volumes and flows to the pond for flood risk reduction. One splitter structure would be located at the intersection of Sunset Street and Laura Avenue. The second splitter structure would be located at the intersection of Merrill Street and Clinton Avenue. The proposed basin is located within the green space/ball field area of the recreation center. The proposed location and detailed layout of the basin is shown on Figure 2. Designed in coordination with the PRCE Department, the proposed grading will be contained within the existing paved path, which will remain after the project. It is also proposed to replace the existing ball fields with City of Hutchinson October 3, 2016 Page 3 a multi -sport athletic field that can be adapted for a variety of sports for various age groups and experience levels of user. Features of the proposed basin include: • Creation of 180' by 365' grass sport field. This open green space will replace the existing ball fields and can be used for a number of different sport and outdoor activities. • Gradual 6:1 and 5:1 basin side slopes for safety and ease of maintenance. • Native vegetation, trees, and shrubs to provide a prairie and natural park feel. • Addition of gravel trails through the proposed native vegetation. COST / BENEFIT Provided below is a summary of the flood risk reduction, water quality benefit, and opinion of probable costs for the proposed improvements. To help illustrate flood risk improvement, the modeled surface flooding depths at key locations have been provided for two historic rainfall events as well as the 2 -year and 10 -year 24 hour events. This is followed by the modeled High Water Levels (HWL) at the same locations. Indicates Surface Flooding Existing Conditions Modeled Surface Flooding Depth Intersection / Location Ground Elevation 2 -Year (2.86"), I 24 -Hour Event August 2010 Event (3.05") May 2015* Event (2.13") 10 -Year (4.28"), 24 -Hour Event Sunset & S. Grade 1061.1 0.7 0.7 0.9 0.9 Sunset & Neal 1059.6 0.8 1.4 2.1 2.2 Recreation Parking Lot 1059.9 1.2 1.9 1.7 1.9 Merrill & S. Grade 1060.7 1.9 1.1 2.9 2.9 North Backyards 1061.5 0.0 0.0 0.0 0.3 South Backyards 1059.8 0.1 0.0 1.5 2.0 Proposed Storm Sewer Improvement Modeled Surface Flooding Depth Intersection / Location Ground Elevation 2 -Year (2.86' ), 24 -Hour Event August 2010 Event (3.05") May 2015* Event (2.13") 10 -Year (4.28"), 24 -Hour Event Sunset & S. Grade 1061.1 0.0 0.0 0.1 0.2 Sunset & Neal 1059.6 0.0 0.0 0.8 1.4 Recreation Parking Lot 1059.9 0.0 0.0 0.5 1.1 Merrill & S. Grade 1060.7 0.0 0.0 1.9 2.2 North Backyards 1061.5 0.0 0.0 0.0 0.1 South Backyards 1059.8 0.0 0.0 1.5 1.9 Proposed Basin with Storm Sewer Improvement Modeled Surface Flooding Depth Intersection / Location 2 -Year (2.86"), 24 -Hour Event August 2010 Event (3.05") May 2015* Event (2.13") 10 -Year (4.28"), 24 -Hour Event Sunset & S. Grade 1061.1 0.0 0.0 0.0 0.0 Sunset & Neal 1059.6 0.0 0.0 0.0 0.0 Recreation Parking Lot 1059.9 0.0 0.0 0.0 0.0 Merrill & S. Grade 1060.7 0.0 0.0 1.1 1.7 North Backyards 1061.5 0.0 0.0 0.0 0.1 South Backyards 1059.8 0.0 0.0 0.0 0.1 City of Hutchinson October 3, 2016 Page 4 Existing Condition High Water Levels (HWL) Intersection / Location Ground Elevation 2 -Year (2.86"), I 24 -Hour Event August 2010 Event (3.05") May 2015* Event (2.13") 10 -Year (4.28"), 24 -Hour Event Sunset & S. Grade 1061.1 1061.9 1061.8 1062.0 1062.0 Sunset & Neal 1059.6 1061.1 1061.0 1061.7 1061.8 Recreation Parking Lot 1059.9 1061.1 1061.8 1061.6 1061.8 Merrill & S. Grade 1060.7 1062.6 1061.8 1063.6 1063.7 North Backyards 1061.5 1059.8 1059.6 1060.9 1061.8 South Backyards 1059.8 1059.8 1059.7 1061.3 1061.8 Proposed Storm Sewer Improvement High Water Levels (HWL) Intersection / Location Ground Elevation 2 -Year (2.86' ), 24 -Hour Event August 2010 Event (3.05") May 2015* Event (2.13") 10 -Year (4.28"), 24 -Hour Event Sunset & S. Grade 1061.1 1056.5 1056.4 1061.2 1061.3 Sunset & Neal 1059.6 1055.8 1055.7 1060.4 1061.0 Recreation Parking Lot 1059.9 1057.2 1056.7 1060.4 1061.0 Merrill & S. Grade 1060.7 1060.6 1060.0 1062.7 1062.9 North Backyards 1061.5 1059.8 1059.6 1060.7 1061.5 South Backyards 1059.8 1059.8 1059.7 1061.3 1061.6 Average Reduction from Existing Conditions 2.8' 3.0' 0.7' 0.6' Proposed Basin with Storm Sewer Improvement High Water Levels (HWL) Intersection / Location 2 -Year (2.86' ), 24 -Hour Event August 2010 Event (3.05") May 2015* Event (2.13") 10 -Year (4.28"), 24 -Hour Event Sunset & S. Grade 1061.1 1056.4 1056.3 1059.5 1061.0 Sunset & Neal 1059.6 1055.8 1055.6 1057.9 1059.0 Recreation Parking Lot 1059.9 1057.2 1056.7 1057.9 1059.0 Merrill & S. Grade 1060.7 1057.3 1056.7 1061.8 1062.5 North Backyards 1061.5 1058.0 1056.6 1059.5 1060.0 South Backyards 1059.8 1057.2 1056.7 1059.5 1060.0 Proposed Pond 1053.8 1053.8 1057.1 1058.8 Average Reduction from Existing Conditions 4.1' 4.5' 2.5' 1.9' *The May 2015 event was a short, high intensity event. Storm Sewer System Improvements Making the storm sewer system capacity improvements in conjunction with the upcoming street and utility reconstruction project is a necessity. Reconstruction projects are rarely completed without making improvements to the drainage system because of the logistics and cost implications of doing them separately. Flood Risk Reduction: Based on the Flood Depth and High Water Level tables above, updating the storm sewer inlet and conveyance capacity will reduce flood risk during small and intense rainfall events. Modeling estimates an average reduction in the HWL of 2.8 feet for a 2 -year, 24-hour event, with no surface/street flooding. The system, however, is limited by the downstream conveyance which causes large events to flood the streets until the system can drawdown and eventually drain the stormwater. For a 10 -year, 24-hour event, the average reduction in high water levels is estimated to be 0.5 foot, with continued by shallower and shorter periods of street flooding. City of Hutchinson October 3, 2016 Page 5 Water Quality Benefit: There is no water quality benefit to making storm sewer system capacity improvements. Cost: The opinion of probably cost = $1,113,000 (A detailed breakdown of the estimated costs is provided in Attachment B.) Stormwater Treatment / Detention Flood Reduction Basin A number of factors will need to be considered when making the decision to construct the proposed detention and treatment basin. The City should review and discuss all factors to determine whether or not to move forward with the proposed basin. Flood Risk Reduction: The Flood Depth and HWL tables show that adding the basin along with the storm sewer system improvements will further decrease flood risk by further reducing HWLs. The average reduction in HWL for the 2 -year, 24-hour event increases to over 4.0 feet, with no surface/street flooding. For the 10 -year, 24-hour event, modeling estimates and average reduction of almost 2.0 feet, with minimal surface/street flooding at half of the areas modeled. It should be noted that no solution will completely reduce or eliminate flooding in the area. Large events above a 10 -year event will still be expected to cause some level of street flooding. However, by providing the detention basin, the depth and, more importantly, the duration of flooding will be reduced. In addition to the HWL reductions, the City will need to take into account the amount of acceptable flood risk, taking into consideration the current and future impacts of street flooding, structural impacts, and traffic safety concerns. Water Quality Benefit: The current Linden Park drainage system does not include stormwater treatment. The City is a permitted MS4 and is regulated by the Minnesota Pollution Control Agency (MPCA). The City's MS4 permit requires the City to address stormwater management and treatment throughout the City. With constructing a detention basin, the City will be able to provide stormwater treatment for approximately 113 acres of previously untreated area. This includes removal of an estimated 24,250 lbs of Total Suspended Solids each year (50% reduction from existing conditions) and 53.9 lbs of Total Phosphorous each year (54% reduction from existing conditions). Figure 3 shows the area draining to and treated with the installation of a detention / water quality basin. Cost: The opinion of probable construction cost = $1,142,000 (A detailed breakdown of the estimated costs is provided in Attachment B.) Conclusion: Completing drainage improvements in conjunction with the proposed Linden Park Residential Reconstruction project is the ideal time and most cost effective time to also implement flood risk reduction and water quality treatment improvements. Based on the 2012 studies and current modeling of the area, providing increased pipe and inlet capacity, along with providing a detention / water quality basin, will result in the largest and most cost effective improvement. aar/djg Attachment A Attachment B Figure 1 — Linden Park Proposed Pond Figure 2 — Linden Park Proposed Storm Sewer Figure 3 — Area Treated by Proposed Basin c: John Rodeberg, SEH (w/enclosures) p:\fj\h\hutch\133347\1-genl\14-corr\m owner_09.29.16.docx City of Hutchinson October 3, 2016 Page 6 ATTACHMENT A SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS FROM THE 2012 STUDIES Preliminary South Central Drainage Area Study (March 2012) A Preliminary South Central Drainage Area Study was completed in March of 2012. The study provided an overview understanding of the localized flooding. An existing conditions or base model was developed, from which different scenarios were analyzed, to acquire information on how the storm sewer system functions and how it reacts to different changes within the system. The study identified a number of concerns with the existing storm sewer system, as described below. 1) Capacity of the local storm sewer system: The current design frequency standard for storm sewer sizing is typically a 10 -year rainfall event (4.28 inches over a 24 hours). Historically, storm sewer systems were often design to a 5 -year or even 2 -year rainfall event, and often included fewer catch basin inlets when compared to systems designed to meet today's standards. As a result, the Linden Park area storm sewer and inlet capacity is undersized, based on today's standards, which attributes to the flooding experienced in the area during intense 2- and 3 -inch rainfall events. 2) Downstream system storm sewer capacity: The Linden Park area storm sewer outlets to a larger 60 -inch storm sewer system along Linden Avenue. The system flows to the northwest where it outlets into the South Fork Crow River. This system is also undersized compared to current standards, which contributes to the prolonged flooding in the area. 3) Lack of natural surface overflow path or detention areas: The Linden Park area is located in a depression without a natural overflow path. As a result, the only route for runoff to drain from the area is through the existing storm sewer system. During rainfall events that exceed the storm sewer system capacity, runoff has no place to go other than to pond in the streets and low areas. In an ideal situation one of the following would exist; an overflow path to safely convey runoff away from the streets; storage areas to capture and detain runoff until it can be conveyed through the storm sewer system. Neither of these situations exists in the Linden Park area. To address these concerns, the March 2012 Preliminary Study identified big picture potential scenarios to improve the Linden Park area flooding. Potential improvements included: 1) Increased inlet and storm sewer capacity of the local Linden Park area storm sewer system. 2) Increased downstream storm sewer capacity and/or installation of a separate storm sewer outlet from the Linden Park area. 3) Creation of detention area(s) within the Linden Park Area. City of Hutchinson October 3, 2016 Page 7 ATTACHMENT A - CONTINUED Detailed Hydrology/Hydraulic Analysis (October 2012) In October 2012, a Detailed Hydrology/Hydraulic Analysis was completed. The analysis included modeling and further assessment of the potential improvements identified in the March 2012 study. Provided below is a summary table of the potential improvements, followed by a more detailed explanation for improvements 3 and 4. Improvement: Determination: 1) Increased local inlet and storm This improvement was determined to be necessary in order sewer capacity. to see any improvement in localized flooding. 2) Increased downstream storm sewer Due to the size and length of the existing downstream capacity. system, this option was determined to be cost prohibitive as an immediate improvement. The downstream system capacity should be evaluated as portions of the system are reconstructed and increased accordingly. 3) Installation of a separate storm Undesirable improvement due to logistics and significant sewer outlet from the Linden Park cost. area. 4) Added detention for Linden Park Highly recommended in conjunction with increasing inlet Area. and storm sewer pipe capacity (improvement 1) to achieve the most improvement. Installation of a Separate Storm Sewer Outlet from the Linden Park Area: This improvement would provide a separate outlet for runoff from the Linden Park area and would reduce flooding potential during events which are now effected by the limiting capacity of the existing downstream system. Three potential routes were evaluated for the installation of a separate outlet from the Linden Park area, a south route, a north route, and west route as discussed below: • The south route would direct runoff through a conveyance located behind the commercial development along Highway 15, through the City airport, and into McCuen Creek. It was determined, with input from City staff, to be an undesirable route due to potential negative effects on the existing downstream system, elevation concerns, and redirecting runoff to a different drainage basin and receiving water. • The north route includes a new storm sewer system along Merrill Street through the existing residential areas between the Linden Park Avenue and South Fork Crow River. This route was discussed with City staff and initially chosen as the preferred route for further analysis in the 2012 study. However, deep excavations and directional boring that would be required as part of this route make it a costly option and invasive to the residential area. • The west route includes a new storm sewer system from the Linden Park area to property located at or adjacent to the school property. This route was also determined to be undesirable due to deep excavation, directional boring, and restricting elevations. Providing a separate outlet would help reduce flooding experienced in the area during 2- and 3 - inch rainfall events, however, the benefit decreases with larger events (10 year and above). Because of logistics and costs associated with providing a separate outlet for the Linden Park area, it was determined not to be a desirable improvement. City of Hutchinson October 3, 2016 Page 8 ATTACHMENT A - CONTINUED Added Detention for Linden Park Area: This improvement includes adding detention storage to provide an alternative location for runoff to pond until it can be conveyed through the storm sewer system. Providing detention in conjunction with increasing inlet and storm sewer pipe capacity (improvement 1) provides the most cost effective reduction in flood risk. Two options were considered for providing detention in the area as described below: • Underground detention with the use of underground storage chambers was evaluated. Due to elevation limitations, space, and constructability this option was determined to be cost prohibitive and much less desirable than an above ground option, as described below. • Above -ground detention by creating a depression (pond) was evaluated. The recreation sport fields was identified as the only location with enough area to create sufficient detention. Based on cost and constructability, this option was chosen as the preferred option for providing detention storage in the area. ATTACHMENT B - LINDEN PARK AREA STORM SEWER SYSTEM IMPROVEMENTS SUBTOTAL $767,585 20% CONTINGENCY = $153,517 25% INDIRECT COSTS = $191,897 TOTAL COST= $1,112,999 LINDEN PARK AREA DETENTION BASIN / STORMWATER TREATMENT POND OPINION OF PROBABLE COST 20% CONTINGENCY = $157,513 25% INDIRECT COSTS = ITEM NO. ITEM DESCRIPTION UNIT OF MEASUREMENT ESTIMATED QUANTITY BID UNIT PRICE BID PRICE STORM SEWER IMPROVEMENTS 1 12" RC PIPE SEWER LF 1,103 $35 $38,605 2 15 RC PIPE SEWER LF 664 $40 $26,560 3 18" RC PIPE SEWER LF 767 $50 $38,350 4 24" RC PIPE SEWER LF 498 $55 $27,390 5 27" RC PIPE SEWER LF 8 $60 $480 6 36" RC PIPE SEWER LF 405 $80 $32,400 7 42" RC PIPE SEWER LF 2,822 $120 $338,640 8 48" RC PIPE SEWER LF 138 $120 $16,560 9 18" RC PIPE APRON EA 1 $800 $800 10 42" RC PIPE APRON EA 1 $2,000 $2,000 11 48" RC PIPE APRON EA 1 $3,000 $3,000 12 CONSTRUCT DRAINAGE STRUCTURE DESIGN H EA 24 $2,200 $52,800 13 CONSTRUCT DRAINAGE STRUCTURE 48-4020 EA 21 $2,500 $52,500 14 CONSTRUCT DRAINAGE STRUCTURE 60-4020 EA 5 $3,000 $15,000 15 CONSTRUCT DRAINAGE STRUCTURE 72-4020 EA 18 $3,500 $63,000 16 CONSTRUCT DRAINAGE STRUCTURE 84-4020 EA 6 $4,000 $24,000 17 CONSTRUCT DRAINAGE STRUCTURE 96-4020 EA 1 $4,500 $4,500 17 CONSTRUCT DRAINAGE STRUCTURE 108-4020 EA 1 $5,000 $5,000 18 CONSTRUCT DRAINAGE STRUCTURE - FIELD CONSTRUCT EA 1 $8,000 $8,000 18 ICONSTRUCT DRAINAGE STRUCTURE -SPLITTER STRUCT EA 2 $5,0001 $10,000 19 ICONNECT TO EXISTING STORM SEWER I EA 10 $8001 $8,000 SUBTOTAL $767,585 20% CONTINGENCY = $153,517 25% INDIRECT COSTS = $191,897 TOTAL COST= $1,112,999 LINDEN PARK AREA DETENTION BASIN / STORMWATER TREATMENT POND SUBTOTAL OPINION OF PROBABLE COST 20% CONTINGENCY = $157,513 25% INDIRECT COSTS = NO. ITEM DESCRIPTION MEASUREMENT QUANTITY PRICE BID PRICE DETENTION BASIN 1 MOBILIZATION LS 1 $80,000 $80,000 2 COMMON EXCAVATION CY 60,100 $8 $480,800 3 AGGREGATE SURFACING CLASS 5 (CV) CY 175 $45 $7,875 4 TOPSOIL BORROW CY 4,200 $40 $168,000 5 SEEDING AC 5 $300 $1,560 6 SEED MIXTURE 35-521 LB 32 $175 $5,600 7 SEED MIXTURE 34-262 LB 9 $120 $1,080 8 SEED MIXTURE 25-151 LB 260 $10 $2,600 9 FERTILIZER TYPE 3, SLOW RELEASE (0-10-20) LB 240 $1 $240 10 FERTILIZER TYPE 3 (22-5-10) LB 430 $1 $430 11 MULCH MATERIAL TYPE 3 TON 5 $400 $2,000 12 DISCANCHORING AC 2 $100 $240 13 HYDRAULIC MATRIX TYPE MULCH LB 4,515 $1 $4,515 4 IDECIDUOUS TREE 2" DIA TREE 54 $500 $27,000 5 IRANDOM RIPRAP CLASS III WITH GEOTEXTILE CY 75 $751 $5,625 SUBTOTAL $787,565 20% CONTINGENCY = $157,513 25% INDIRECT COSTS = $196,892 TOTAL COST= $1,141,970 SUMMARY TOTAL STORM SEWER SYSTEM IMPROVEMENTS $1,112,999 TOTAL DETENTION BASIN / STORMWATER TREATMENT POND $1,141,970 TOTAL BOTH PROJECTS �. NOTE: PRICING DOES NOT INCLUDE SANITARY RELOCATION, EROSION CONTROL, OR INSULATION AT PIPE CROSSINGS P:\FJ\H\HUTCH\133347\2-proj-mgmt\25-cost-est\[Project Estimate_ 09.23.16_ FINAL.xlsx]Final Design N Of _ � ,� qq I ;A °GOf 4. ` • LAURA AVE SW o� o • ?� r saurr a slau �uaE AD, III \ / ��- �., — •t .. e I Via. I �ilylb r. -�' � O , Y . •� i 2 id I p! ATHLETIC FIELD x .© CRAIG AVE S. Q Q j 010 C Q QC> Q �& ° 'S fl s0 a°.CLINTON AVE SW .Q ABC svErrea STRUCTURE 4D B4 414 3O_ � AVE SW $141 z 21 ,z> NEA on aha°e —1 IANIIAPI xfl u b 1 r 7 &D At, :. r w 2 A as 41 Q - S 114 �s _ o d S GRADE RD W � ai r — .. .. �. y� dWin PROPOSED STORM SEWER ROUTED TO POND PROPOSED SANirARI REALIGNMENT CATCH BASIN MANHOLE j_ az E so HUTCHINSON, NDEN PARK PROPOSED STORM SEWER .a z„ c SEPI n ori MINNESOTA FIGURE 1 O LINDEN AVE SW vq� fi _ I i - FEE \ o �0 L i wL Ds, fi /e / $ o o - LAURA AVE SW CID, R�I�R -- NNE�L RIPi iA - - IT O SEA r 0 ATHLEnc FIELD C74. 4 URF PROPOSED TRAIL TURF ClAss RASS LT= N T VE 8' CLASS A (TIP) L 5 HMENT COMPACTED ATAKRADE TFI TYPICAL SECTION oDRTPRARE=GUTHAE=T L] WET PRARE (ELEV Tos ,OAL) ■ TDRFGRASS (ALONG TRAILS SEE DETAL) TURF GRASS (SOCCER FELD) ■ GRAVEL TRAIL o TREE - FABRIC PROPOSED STORM SEWER CATCH BASIN GANHGLE (HALF NT(211>RS'=""8` EVENTAN (4 SG / TIL - ,051 S ,GD TEAR DESIGN EVENT 1741') HAL — 111, .4 COs) „wL - TD5 a DD NT 13 ")TTL -,D , (HIGH INTENSITT) - j� FH F sau ."GIG 1111 HUTCHINSON, lH11110 DFscN TFan SEH AT_ 1. IN r' MINNESOTA 'T"'WRT47" UT SHALL NI 5—INGH SALVAGED TOPSOL OR 2, DI NIT SEED N POND AREA 11 TALLER LOMAS SEED MIXTURE 35-521 ®,3 LDSEAC LB5/AG MD TTP3 M L TONS/AG NTH DSL ANCHORING E reLEv OS - D52, NO FERTILaER -zGz ® 5 LGI/AC SEED I ITIIE 25 FE'TILCE' TIRE 1 (22s, ATO) a 200 LRAiAG HTDRAULIG MULCH M 2100 LB /AC LINDEN PARK PROPOSED POND FIGURE 2114) r r' i E �-: .4 fir` .�q � 'Fl ��x z���F's �•4 ` t PR6,7OSED D. VESw �' ?...... ,� �I <L F S, � r ,� in _ �p I~i& -� � � F '� —ii p •i g �d�, i s or e ADE RD SW m , P a 0 V p e PJAL• PRIMARY TREATMENT AREA (89 ACRES) SECONDARY TREATMENT AREA (24 ACRES) HUiCHINuON, LINDEN PARK PROPOSED WATER OUALFFY TREATMENT AREA c SEH ori MINNESOTA RGURE 9 C August 1, 2017 To: Kent Exner, DPW/City Engineer City of Hutchinson Public Works Department Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234-4219 Fax (320) 234-6971 From: John Olson, Public Works Manager John Paulson, Project/Environmental/Regulatory Manager Re: South Central Drainage Area For the last 20 years, the City has been working hard to address perennial drainage problems in the City. Twenty years ago, the northeast part of Hutchinson had the worst drainage problems. Significant problems in the Northwoods area of northeast Hutchinson prompted City staff to determine the feasibility of instituting a Storm Water Utility. The Storm Water Utility was instituted in 2005. The first large project undertaken after adopting a Storm Water Utility was to construct two large ponds in northeast Hutchinson to address those drainage problems, financed with storm water revenue bonds. The resulting project significantly improved drainage in this area. The next worst area was identified as 5th Ave NW between James and Water Streets NW. A pond was constructed in this area, which has addressed the drainage problems along 5th Ave NW. This left the south central area as the next area to address. For well over 20 years, streets, yards, and basements have flooded during high intensity or high accumulation storms. In 2004, neighborhood meetings for the south central drainage area were held. At that time, based on input from the neighborhood, the project was deferred. The primary reason was due to project funding. Storm water revenue bonds were not available, since they had been used to finance the northeast project. Any financing at that time would have involved special assessments. In addition, at that time, most of the streets in this area were generally in adequate condition. In 2012, following several significant flooding events affecting the south central drainage area, S.E.H. was engaged to begin to help determine what the best option would be for improving drainage dynamics in the south central area. For the last five years, City staff and engineers from S.E.H. have looked at a number of project and related cost alternatives to improve drainage in this area. Several factors have come together to indicate that soon may be the right time to address drainage issues in the south central area, including: 1) Since past projects have addressed drainage in the northeast part of town, and at 5th/James & Water, this area is now the worst area for drainage in the City. 2) Current cash balances in the storm water utility will allow preparatory work for athletic fields to be timed appropriately, so no loss need be experienced as a result of the project. 3) Storm water revenue bonds used to finance the northeast project mature in early 2019. 4) Streets in this area have deteriorated to the point that most are in poor condition and will require some kind of rehabilitation in the near future, allowing for storm sewer to be installed with minimal interruption. 5) Taking the last five years to determine the best options for addressing drainage has allowed staff to: a. Evaluate a number of options, select the most cost-effective solution, and do additional `value -engineering' to keep the costs of the improvement to a minimum. b. Perform inspections of and repair, as necessary, downstream infrastructure. c. Accumulate and evaluate information from various sources, including on- site inspections during storm events, mapping of flooded areas, and review of information from photos and videos. d. Provide engineers with the most accurate data possible concerning the extent of surface flooding in this area. e. Accumulate information and feedback from property owners in the area. In January of 2017 a survey was sent to 117 property owners that are located around the Recreation Center. The properties that were included in the survey area were located within 400' of known street flooding areas. The survey included the following questions and was simplified and somewhat vague in an effort to encourage additional information from the respondents in the form of written comments. 1. Have you experienced drainage/flooding problems with your property? Never 1-3 times a year More than 3 times a year 2. If you have experienced drainage/flooding issues, please check all that apply? Water ponding in yard Water in basement Water ponding on adjacent road surface/boulevard/alley/driveway/sidewalk Other (please specify): Would you describe your lot drainage as: Good Fair Poor Other (please specify): 4. If you have a sump pump, how often does it run? Frequently Intermittent Not often We don't have a sump pump Summary of Responses There was an excellent response to the survey. A total of 70 of the 117 property owners responded and returned the survey (60%). There were 50 of the 70 survey respondents that provided some written comment on their survey. Of these comments there were 37 that provided general comments beyond clarifications of the survey questions. There were about 20 that provided a more detailed response with information related to specific rain events, areas of their property that were severely impacted, etc. The responses from the survey were wide ranging in detail and how exhaustive the responses were. The majority of respondents identified some level of concern with surface drainage on or around their property. 67% experienced some property drainage problems at least 1 time a year and 28% experience problems more than 3 times per year. Property drainage/flooding problems Never 1-3x year >3x year 22 27 20 The survey question related to the location of drainage concerns asked respondents to "check all that apply". Most respondents that indicated an issue checked more than one response. The following is a breakdown of the total number of locations that were identified by the survey responses. Where drainage/flooding issues are yard basement I road/blvd I Other 40 25 1 38 113 A description of a properties' lot drainage yielded similar results to if a property experiences drainage or flooding problems. There were a couple respondents that checked multiple replies as they elected to provide additional information in the "other" category. Would you describe lot drainage as: Good Fair Poor Other 27 27 16 3 The frequency that a sump pump runs indicated that over half of the respondents (37 or 53%) have sump pumps that run frequently. Only 15 replies of "not often" and 3 "No sump" added together account for just 25% of the replies. How often does your sump pump run? Frequent Intermit Not often No sump 37 19 15 3 Of all the comments and replies received there were 3 respondents that indicated that they do not think a regional pond is necessary or do not want to see the loss of ballfields to construct a pond. In comparison, there were multiple responses indicating extensive damage or drainage concerns in recent history. There were 6 of the 70 respondents that indicated some form of water damage or property impact from the survey area. 710 / 705 / 784 I 774 1 764 1754 17441 734 REPLIED TO SURVEY _ YES _ NO 745 -- �j w 725 732 U) 755 [--- 735 765 742 �� 744 U) 745 J 755 771 754 750 735 LINDEN 804 1 774 1 764 1 754 805 1 775 1 765 1 755 351 �764 804 1 8057 775_W 755 745 CRAIG AVE 814 7 75 815 805 775 765 755 AVE ovv 814 � 924 935 � 934 945 W . 944 955 X54 '5 nI 5 VIE , V 5 670 5 714 725 724 G m 735 734 744 745 754 755 AVE SW 900 ROAD SW 00 890r830820 1001 7401002U) g75815 755 U) CHICAGO AVE SW ycc�cc 1007 880 870 860 4 1101 �ti�. 1123 1125 � 1133 9 875 6 85 835 815 785 755 -I 1135 U) ;LEVELANDAVE SW ::-5 1145 1208 875 1216 730 705 04 688 676 664 656 642 630 1 616 X555545 615 580 572 560 547 626 674 830 840 875 593 581 569 557 547 537 628 525 665 S 850 684 8 880 U)865 MILLER AVE SW 865 555 545 C 4 894 514 F706 694 CLINTON AVE SW MILLER AVE SW 904. 540 705 580 704 z U) 570560550— 712 35 934 O0 864 704 705 704 Z_ 546 726 708 b 55 954 965 955 954 715 _ 714 z 715 714 715 714 J 738 SOUTH GRADE ROAD SW 725 750 724 = 725 724 725 724 E Of 735 547 545 535 525 764 W 734 � 585 575 511 509 LINDEN AVE SW 5 804 FrW804 , 8141 LL 814 825 824 CT 825 824 692 1090 1 1040 1004 1016 1094 1098 835 834 X555545 530 520 830 840 875 510 870 525 515 S 850 692 1090 1 1040 1004 1016 1094 1098 835 834 835 834 LYNDALE AVE SW i 845 844 845 550 870 875 510 870 855 8541 S 855 = 8 880 U)865 6 U) ~ Mod 865 555 545 C 4 894 CLINTON AVE SW 904. m"m 914 r 915 914 1 �904 925A 924 925 924 z O 35 934 935 934 Z_ 45 944 945 944 934 E Q 55 954 965 955 954 _ 965 964 A 2 964 SOUTH GRADE ROAD SW 692 1090 1 1040 1004 1016 1094 1098 705 784 1 774 1764 175 7 DRAINAGE ISSUES 73 NONE 74 BASEMENT 7 ® BASEMENT—ROAD BASE MENT_ROAD_YARD BASEMENT—YARD ROAD 7 ROAD—YARD YARD 805 775 765 755 851 LAURA AVE SW 804 774 764 754 � co 8057 175 CRAIG AVE lfll lSW 814 OW764776M, 815 805 775 765 755 AVE SW Lu z 814 925, 924 935 935 934 945 944 z 945 944 Lu 955 F 955 954 ROAD 1000 890 830 1001 740 1002 � U) 875 835 825 815 755 — — -w U) CHICAGO AVE SW �y 44 734n 714 04 688 676 664 656 642 1630 1 616 520 615 580 572 560 547 626 68 1724 1 V IUD 674 525 515 850 593 581 569 557 547 537 628 � 665 ���— _� MILLER AVE SW 684 =W 694 L� 540 705 580 514 706 704 z MILLER AVE SW U) 570 560 550 712 4 725 O 864 704 705 704 � 715 546 726 708 4 735 E 715 714 3:715 714 J 725 738 714 4 * 745 Q = 725 724 U 725 724 Of750 Of 735 547 545 535 525 764 724 4 755 SW 685 734 cn 734 LINDEN w 585 575 AVE SW 511 509 4 734 E 900 1007 880870 860 824 804 1101 1006 ��� 1123 �91 875 �6185 835 815 ;LEVELANDAVE SW 1208 875 1216 1125 1133 785 755 1 1135 1145 730 705 U I i H U) CLINTON 692 690 X555545 530 520 830 840 525 515 850 � �AL ���— _� truer. •.: 692 690 LYNDALE AVE SW AVE SW ROAD SW 1020 1004 1016 1040 1060 1094 1098 1090 X555545 530 520 830 840 525 515 850 LYNDALE AVE SW AVE SW ROAD SW 1020 1004 1016 1040 1060 1094 1098 1090 804 774 764 754 804 805 775 765 755 1 LAURA AVE SW 804 774 764 754 U) 8057 775 755 CRAIG; AVF SW X555545 530 814 804 11111. 774 764 754 705 784 1 774 1764 1754 1744 734 04 724 714 04 755 688 676 664 656 642 630 616 9co 560 547 615 580t569 626 TIMES PROPERTY FLOODED 6 � " 954 L 955 593 581 557 547 537 628 955 U) 665 NEVER MILLER AVE SW 7 51 O6 1-3 TIMES PER YEAR MILLER AVE SW U) 705 580 540 712 >3 TIMES PER YEAR 7 O 864 704 705 704 570560550— 546 726 725 708 C� U) 715 m U) 735 714 z 715 714 715 714 -j 725 738 � � 735 734 750 744 Uwj 745 Vc? 744 745 724 Q _ 725 724 725 724 Of 735 547 545 535 525 z 735 754 755 734 685 734 U) jt:734 W764 585 575 511 509 LINDEN AVE SW LINDEN AVE SW 804 774 764 754 804 805 775 765 755 1 LAURA AVE SW 804 774 764 754 U) 8057 775 755 CRAIG; AVF SW U) X555545 530 814 804 11111. 774 764 754 815 805 775 765 755 U) ROAD SW 1000 890 860 830 1001 740 iiiis 1002 U) 875 835 825 815 755 U) CHICAGO AVE SW �y 900 <`ll� 1007 880 F870 F86]0§[804 1101 1006 , 1123 �91 875 6 85 835 815 LEVELANDAVE SW 1125 U) 1133 785 755 1 1135 U) 1145 730 1208 875 1216 705 805 804 1 F805 804 815 814 825 824 835 834 845 44 U) 855 54 865 c 867 864 SOUTH 690 1020 1004 692 1016 1040 1060 1094 1098 1090 S U U r U� CLINTON Z i 7! U) J J_ W 2E X555545 530 520 AVE S 2 92p LU 814 515 934 944 W94 9co U) 935 945 954 L 955 954 955 U) ROAD SW 1000 890 860 830 1001 740 iiiis 1002 U) 875 835 825 815 755 U) CHICAGO AVE SW �y 900 <`ll� 1007 880 F870 F86]0§[804 1101 1006 , 1123 �91 875 6 85 835 815 LEVELANDAVE SW 1125 U) 1133 785 755 1 1135 U) 1145 730 1208 875 1216 705 805 804 1 F805 804 815 814 825 824 835 834 845 44 U) 855 54 865 c 867 864 SOUTH 690 1020 1004 692 1016 1040 1060 1094 1098 1090 S U U r U� CLINTON Z i 7! U) J J_ W 2E LYNDALE AVE SW 845 550 870 875 510 870 855 Q _ 8C 880 555 545 C) 4 89 865 4 AVE SW ROAD SW X555545 530 520 830 840 525 515 850 LYNDALE AVE SW 845 550 870 875 510 870 855 Q _ 8C 880 555 545 C) 4 89 865 4 AVE SW ROAD SW 705 784 774 764 754 744 734 724 714 04 520 688 676 664 656 642 630 616 914 615 580 572 560 547 626 AVE 515 SW IUD U 4805f775 T DESCRIPTION tc 675 6 1 V 5 674 No 764754744 U) U) U) 593 581 569 557 547 537 628 U) 934 Z 945 944 W 665 944 684 73 GOOD Q THVIE 955 955 2E F 955 MILLER AVE SW 965 964 5 U SOUTH 514 706 FAIR 670 694 MILLER AVE SW � 540 705 580 74 5 704 z 570 560 550 712 7 0 POOR 714 O 864 704 705 704 546 726 708 22 725 715 732 724 m 735 z 715 714 715 714 738 714 755 735 734 (n � 725 750 724 �? 765 742 744 Uwj 745 h 745 744 Q _ 725 724 725 724 � Of 735 547 545 535 525 764 771 754 co 755 750 z 735 754 755 685 734 � 734 W 585 575 511 509 734 LINDEN AVE SW LINDEN AVE SW 804 774 764 754 804 815 805 775 765 755 775 851 LAURA AVE SW 520 91 804 774 764 754 914 905 915 AVE 515 SW Lu U 4805f775 755 745 CRAIG AVE SW 814 No 764754744 U) U) 815 805 775 ■ 755 1745 520 91 840 914 905 915 AVE 515 SW Lu 925 924 F Z 814 U) 925 924 U) 935 = U U) 934 Z 945 944 W 945 944 W Q 55 955 955 2E F 955 954 965 964 U 900 ROAD SW 1000 ]875 V825 1001 740 1002 U) 815 755 U) CHICAGO AVE SW ycc�cc 1007 F880 870 860 804 1101 1006 ��� 1123 �91 875 �6185 835 815 ;LEVELANDAVE SW 1208 875 1216 1125 1133 785 755 -I 1135 1145 730 705 U) F- u 805 1 804 F805 804 G' U 815 814 bill 825 824 835 834 845 844 855 854 864 692 690 903 X555545 CLINTON g05 520 91 840 914 905 915 525 515 850 925 924 F U) C ~ 935 934 = U 935 934 J � Z 45 944 Of 944 � O= W Q 55 U 955 2E 65 964 965 964 SOUTH 692 690 LYNDALE AVE SW AVE SW ROAD SW 1020 1004 1016 1040 1060 1094 1098 1090 X555545 530 520 830 840 525 515 850 LYNDALE AVE SW AVE SW ROAD SW 1020 1004 1016 1040 1060 1094 1098 1090 705 784 1 774 1764 1 754 744 734 724 714 04 688 676 664 656 642 1630 1 616 851 615 580 572 560 547 626 7tub LAURA AVE SW 934 804 7744 764 754 945 944 955 954 U S U M P P U M P U S EA G E 674 8057 775 765 593 581 569 557 547 537 628 5 �764754�744 665 684 MILLER AVE SW 73 SUMP PUMP FREQUENT 670 5 694 705 580 540 514 706 MILLER AVE SW 74 INTERMITTENT 714 15 704 z O 864 704 705 704 570560550— 712 7 546 726 NOT OFTEN 724 < 725 708 z 715 738 m 735 714 715 714 � 715 714 J NO SUMP 734 E U J 725 750 744 745 724 = 725 724 725 724 Of 735 547 545 535 525 764 771 754 O 755r 0 Ur735t754 755 734 685 734jjj U 734 W 585 575 511 509 noir nni I iNinFNi AVE SW LINDEN 804 7741 7641 754804 815 805 775 805 775 765 755 520 851 Lu U 925 924 LAURA AVE SW 934 804 7744 764 754 945 944 955 954 U U 8057 775 765 755 745 CP/' = SW 81480�774 �764754�744 815 805 775 ■ 7551745 X555545 AVE SW � 520 830 Lu U 925 924 935 934 f94544 515 W 850 945 944 955 954 U ROAD SW 1000 890 V825 1001 740 1002 U) 875 815 F- 1005 755 U) CHICAGO AVE SW �y 900 1007 880 1 870 860 C4T804 1101 1006 ��� 1123 �91 875 �6185 835 815 ;LEVELANDAVE SW 1208 875 1216 1125 U) 33 785 755 1 1111 1 1135 U) 1145 730 705 U U U 0_ D S U U D U 805 804 815 814 825 824 835 834 845 844 855 854 la 864 CLINTON i 7! U) J J_ W 2E LYNDALE AVE SW SOUTH ROAD SW 690 1020 1004 692 1016 1040 1060 1094 1098 1090 X555545 530 520 830 840 525 515 850 LYNDALE AVE SW SOUTH ROAD SW 690 1020 1004 692 1016 1040 1060 1094 1098 1090 HUTCHINSON CITY COUNCIL CayofAa� Request for Board Action 7AL =-=-7 Agenda Item: Approve/Deny Renewing the City's Annual Contribution to the Center for the Arts Department: Administration LICENSE SECTION Meeting Date: 8/8/2017 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: At our last council meeting, the Center for the Arts gave their annual update to the City Council. At that meeting, Council Member Cook asked that consideration of a renewal of the City's membership and financial commitment to the Center of the Arts be placed on the next agenda for consideration. Please note that Minnesota Statute 471.941 allows cities to make donations to "artistic organizations", which the Center for the Arts qualifies as one. The City is currently a member of the Center for the Arts. We first joined in 2012 with a 3 -year commitment of $15,000 a year and we extended that arrangement for another 3 -years in 2014. The current 3 -year, $15,000 a year commitment ends at the end of this year. Is there a desire to extend our membership with the Center for the Arts? If so, for how long and for how much? The last two arrangements have been for a total of $45,000 over 3 years ($15,000/year). Funding for this membership has historically come out of the Community Improvement Fund. The Center for the Arts have suggested another $5,000 a year (for a total of $20,000) and have provided information (attached) on where that funding would go to. Please note that any contribution to the Center for the Arts would be in addition to the $15,000 a year we budget for the Public Arts Commission. Currently, both the Center for the Arts and the Public Arts Commission (PAC) receive $15,000 each from the City for a total annual contribution of $30,000. The current fund balance of the PAC has also been included for reference purposes in your packet. If there is an interest to continue our partnership with the Center for the Arts, staff will need to know the amount and the years. BOARD ACTION REQUESTED: Approve/Deny Extending the City's Membership and Annual Contribution to the Center for the Arts Fiscal Impact: $ 0.00 Funding Source: Community Improvement Fund FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Community Improvement Fund Remaining Cost: $ 0.00 Funding Source: Hutchinson Center for the Arts In addition to the renewal of our annual grant, HCA is requesting the consideration of an additional yearly grant of up to $5,000 from the City of Hutchinson. These additional funds would be provided for actual expenses related to a special project. These additional city funds could help leverage support from other funders. HCA has identified three programming priorities for the additional funds: Arts Education, Arts Entertainment, and Community Engagement. HCA would work on one of the following special projects each year of our 3 -year renewal. 1. Arts Education Program: Immersive Visual Arts Workshop for Youth & Seniors GOAL > Provide area seniors and youth the opportunity to work with a professional visiting artist in an educational/workshop format. The project would include 2 workshops with the same artist (one for youth, one for seniors). This will allow artist to provide relevant instruction for each group. Group size would be limited to 25 - 30 participants/workshop to ensure quality instruction. Multiple sessions could be offered depending on demand. Final exhibit and/or project would connect the two workshops. 2. Arts Entertainment Program: Touring Group Performance GOAL > Give local community access to professional performing arts group in a local setting HCA could retain a single larger name act or 2 to 3 smaller acts to present a small series of entertainment. 3. Community Engagement Place Based/Community Driven Public Art Activities GOAL > Encourage community participation through activities/happenings that focus on drawing attention to downtown Hutchinson as an arts district. Present a series of Community Engagement Activities led and facilitated by the Art Center Staff - example activities: community story-telling/sharing, activating public spaces with art happenings/pop —up performances, phantom galleries in empty store fronts, temporary public art projects/art activities Per request at recent City Council Meeting, here is a list of our current Partner Groups: Crow River Area Youth Orchestra (CRAYO) Crow River Singers Historic Hutchinson Hutchinson Park, Recreation and Community Education Hutchinson Photography Club Hutchinson Theatre Company Litchfield Area Male Chorus McLeod County Fair MN Pottery Festival No Lines Improv Troupe Riversong Music Festival Wheel & Cog Children's Museum Public Arts Commission Funding: Resolution #14356 approved 11/25/2014 - That $15,000 annually budgeted from the Community Improvement Fund budget to be utilized for public arts projects on public property within the city, as provided by state statute and provided by City Council. Any unused money shall be carried forward from one year to the next up to a maximum amount of $30,000 . Public Sites - Public Art Seed Money balance 17,517.60 TOTAL FUND AVAILABLE FOR PAC as of 7/31/2011 $ 21,715.60 Remaining SMAC Grant for Cemetery Sculpture 1,000.00 Public Sites - Maintenance fund for Public Arts 10,000.00 (we set aside $5,000 per year up to a maximum carryover of $10,000) Annual Year Description Amount Carryover 2014 Annual Funding $ 15,000.00 2014 Art Walk Grant 4,900.00 2014 Art Walk Costs (10,851.76) $ 9,048.24 2015 Prior Year Carryover $ 9,048.24 Annual Funding 15,000.00 2015 Art Walk Costs (8,500.32) Sculpture Purchase - Heidi Hoy (Jack) (12,750.00) SMAC Grant - Cemetery Sculpture 80% 4,000.00 Website upgrades (394.95) $ 6,402.97 2016 Prior Year Carryover $ 6,402.97 Annual Funding 15,000.00 Cemetery Sculpture - private donations 100.00 Public Arts website domain (41.97) 2016 Art Walk Costs (8,344.51) Safe & Sound Hosting & Upgrade Plan (360.00) Cemetery Sculpture - 1st 50% (7,750.00) $ 5,006.49 2017 Prior Year Carryover $ 5,006.49 Annual Funding 15,000.00 Cemetery Sculpture - private donations 800.00 2017 Art Walk Costs (7,500.00) Art Walk brochures (858.49) Ice Carving Demonstration (500.00) Cemetery Sculpture - 2nd 50% (7,750.00) 7/31/2017 Balance $ 4,198.00 Public Sites - Public Art Seed Money balance 17,517.60 TOTAL FUND AVAILABLE FOR PAC as of 7/31/2011 $ 21,715.60 Remaining SMAC Grant for Cemetery Sculpture 1,000.00 Public Sites - Maintenance fund for Public Arts 10,000.00 (we set aside $5,000 per year up to a maximum carryover of $10,000) HUTCHINSON CITY COUNCIL CayofAa� Request for Board Action 7AL =-w Agenda Item: Project Award for Hotel Site Access Roadway Improvements (L6/P17-06) Department: PW/Eng LICENSE SECTION Meeting Date: 8/8/2017 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ New Business Time Requested (Minutes): 15 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The City received four (4) bids (see attached Bid Tabulation) for the Hotel Site Access Roadway Improvements project letting on Wednesday, June 21 st. The apparent low bidder is Rosti Construction of Jordan, MN, with a bid of $467,938.55 (approximately 6.9% lower than the final Engineer's Estimate). This project's total cost and associated funding contributions were reviewed by the Resource Allocation Committee and are accounted for within the City's proposed 2017 Infrastructure Improvement Program. City staff will provide a brief overview of the project scope, bids and schedule. Please note that there are no special assessments related to this project, so an assessment hearing will not be administered as part of this process. For your information, as noted on the attached project Addendum No. 3, the currently established substantial (roadway open to hotel developer traffic) and final completion dates are October 6 and October 27, 2017, respectively. Also, within the addendum language, the Contractor is provided the reasonable right to negotiate revised completion date parameters if this project is awarded after August 8, 2017. Thus, the hotel developer's construction activities could be delayed if this award does not occur at this meeting. In addition, any completion date revisions may not necessarily reflect a simple two week or other Council award delay period due to the Contractor having potential materials and labor scheduling/timing issues along with other considerations from their standpoint. Ultimately, the City has the right to award this project on or before September 6, 2017, with the Contractor having to honor his construction bid amount. However, the construction timeframes will definitely need to be addressed through a contract change order, and the hotel developer's project delivery schedule may be significantly impacted. The final necessary Resolution to award this project is attached. We recommend approving the provided Resolution. BOARD ACTION REQUESTED: Approval of Resolution Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 467,938.55 Total City Cost: $ 467,938.55 Funding Source: Bonding, Stormwater Utility, EDA Funds Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14747 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 6/PROJECT NO. 17-06 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of: Hotel Site Access Improvements: from Prospect Street NE to approximately 520 LF to the west; new roadway implementation by construction of grading, retaining walls, curb and gutter, draintile, bituminous surfacing, stormwater/drainage features, street lighting, landscaping, restoration and appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Total Bid Rosti Construction of Jordan MN $467,938.55 Hjerpe Contracting Inc of Hutchinson MN $519,960.75 R & R Excavating Inc of Hutchinson MN $597,020.13 Duininck Inc of Prinsburg MN $728,404.44 and whereas, it appears that Rosti Construction of Jordan MN is the lowest responsible bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: The mayor and city administrator are hereby authorized and directed to enter into a contract with Rosti Construction of Jordan MN in the amount of $467,938.55 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. The City Engineer is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 8th day of August 2017. Mayor, Gary Forcier City Administrator, Matthew Jaunich Pagel of 1 CITY OF HUTCHINSON, 111 HASSAN ST SE, HUTCHINSON MN 55350 320-234-4209 BID TABULATION -CITY OF HUTCHINSON LETTING NO. 6/PROJECT NO. 17-06 Hotel Site Access Improvements - Hwy 7/15 BID OPENING: 06/21/2017 @ 2:00 PM ENGINEER'S ESTIMATE $507,700.00 COMPLETION DATE: 10/27/2017 _ - - - ¢ d Engineer's Estimate Road Construction Brandon Hodges P O Box 121 Jordan MN 55352 bhodges@rosticonstruction. com 612-685-4621 fax 952-492-5525 Hjerpe Contracting Inc Kurt H. Hjerpe 16246 Hwy 15 S P O Box 517 Hutchinson MN 55350 estimating@hjerpecontmcting. Com 320-234-8305 R & R Excavating Inc Brent Reiner 1149 Hwy 22 South Hutchinson MN 55350 michelle@rre sting net 320-587-5918 fax 320-587-1044 Duininck Inc 408 6th St P O Box 208 Prinsburg MN 56281 esgmator@4uininck.com 320-978-6011 fax 320-978-4978 BID PRICE BID TOTAL BID PRICE I BID TOTAL BID PRICE BID TOTAL BID PRICE I BID TOTAL BID PRICE BID TOTAL BASE BID $502,505.25 $467,938.55 $519,960.75 $597,020.13 $728,404.44 ROADWAY CONSTRUCTION 1 2021.501 MOBILIZATION LUMPSUM 1.00 $15.000.00 $15,000.00 $10000.00 $10,000.00 $2500.00 $2,500.00 $5089.80 $5,089.80 $71000.00 $71,000.00 2 2101.501 CLEARING ACRE 0.26 $5500.00 $1,430.00 $5000.00 $1,300.00 $4600.00 $1,196.00 $7211.88 $1,875091 $3000.00 $780.00 3 2101.502 CLEARING TREE 14.00 $200.00 $2,800.00 $200.00 $2,800.00 $180.00 $2,520.00 $150.00 $2,100001 $200.00 $2,800.00 4 2101.506 GRUBBING ACRE 0.26 s5,555.55 43 $1,300,00 $4,600.00 1,196.00 2403.50 624.91 $3,000.00 $780,00 5 2101.507 GRUBBING TREE 14.00 $125.00 $1,750.00 $150.00 $2,100.00 $180.00 $2,520.00 $100.00 $1,400.00 $200.00 $2,800.00 6 2104.501 REMOVE CURB AND GUTTER LIIN FT 86.00 $3.50 $301.00 $3.00 $258.00 $3.00 $258.00 $3.65 $313.90 $2.60 $223.60 7 2104.505 REMOVE BITUMINOUS PAVEMENT SO YD 20.00 $3.50 $70.00 $3.00 $60.00 $5.00 $100.00 $9.69 $193.80 $6.90 $138.00 8 2104.509 REMOVE CATCH BASIN EACH 4.00 $150.00 $600.00 $125.00 $500.00 $125.00 $500.00 $248.49 $993.96 $252.00 $1,008.00 9 2104.513 SAWING BITUMINOUS PAVEMENT FULL DEPTH LIN FT 90.00 $1.00 90.00 $2.00 180.00 $2.50 225.00 $4.39 395.10 $1.40 126.00 10 2105.501 COMMON EXCAVATION CU YD 3646.00 $14.00 51,044.00 $12.00 3,752.00 $11.00 0,106.00 $12.17 4,371.82 $11.40 1,564.40 11 2105.507 SUBGRADE EXCAVATION CU YD 100.00 $10.00 $1,000.00 $6.00 $600.00 $11.00 $1,100.00 $20.17 $2,017.00 $32.90 $3,290.00 12 2105.522 SELECT GRANULAR BORROW C CU YD 636.40 $20.00 $12,728.00 $18.00 $11,455.20 $22.00 $14,000.80 $13.60 $8,655.04 $29.05 $18,487.42 13 2105.604 GEOTEXTILE FABRIC TYPE V SO YD 1012.00 $1.75 $1,771.00 $1.00 $1,012.00 $1.30 $1,315.60 $2.00 $2,024.00 $1.25 $1,265.00 14 2211.503 AGGREGATE BASE CLASS 5 CU YD 447.00 $29.00 $12,963.00 $25.00 $11,175.00 $34.00 $15,198.00 $20.88 $9,333.36 $32.85 $14,683.95 15 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 72.70 $4.00 290.80 $6.00 36.20 $6.00 36.20 $6.00 36.20 $2.15 156.31 16 2360.503 TYPE SP 9.5 WEARING COURSE MIXTURE 2'C 1.5"THICK SO YD 1454.00 $7.50 $10,905.00 $11.45 $16,648.30 $11.45 $16,648.30 $11.45 $16,648.30 $9.35 $13,594.90 17 2360.503 TYPE SP 12.5 WEARING COU RSE MIXTU RE 2'C 2.5"THICK SO YD 1454.00 $11.75 $17,084.50 $9.00 $13,086.00 $7.95 $11,559.30 $7.95 $11,559.30 $14.70 $21,373.80 18 2631.501 CONCRETE CURB AND GUTTER DESIGN B618 LIN FT 1117.00 $13.00 $14,521.00 $17.50 $19,547.50 $15.50 $17,313.50 $14.75 $16,475.75 $17.40 $19,435.80 19 2545.501 LIGHTING SYSTEM LS 1.00 $5500.00 $5,500.00 $3480.00 $3,480.00 $1550.00 $1,550.00 $1530.58 $1,530.58 $3480.00 $3,480.00 20 2563.601 TRAFFIC CONTROL LUMP SUM 1.00 $3000.00 3,000.00 $1000.00 1,000.00 $1000.00 1,000.00 $950.00 950.00 $1000.00 1,000.00 RETAINING WALL CONSTRUCTION 21 2411.618 CONCRETE RETAININGWALL WETCAST BLOCKWALL SOFT 700-00$50001 $235,000.00 $42.00 $197,400.00 $59.00 $277,300.00 $70.39 $330,833.00 $72.95 $342,865.00 22 2557.501 WIRE FENCE DESIGN 60V-9322 LIN FT 552.00 $30.00 $16,560.00 $50.00 $27,600.00 $35.00 $19,320.00 $45.00 $24,840.00 $50.90 $28,096.80 STORM SEWER AND BASIN CONSTRUCTION 23 2501.511 12" RC PIPE CULVERT CLASS V LIN FT 207.00 $35.00 $7,245.00 $50.00 $10,350.00 $45.00 $9,315.00 $58.17 $12,041.19 $41.15I$2,G68,0 .05 24 2501.511 15" RC PIPE SULVERTCLASSV LIN FT 24.00 $40.00 960.00 $52.00 1,248.00 $47.00 1,128.00 $61.02 1,464.48 $49.50.00 25 2501.511 21" RC PIPE CULVERTCLASS III LIN FT 59.00 $50.00 $2,950.00 $60.00 $3,540.00 $54.00 $3,186.00 $70.35 $4,150.65 $60.000.00 26 2501.515 15" RC PIPEAPRON EACH 1.00 $200.00 $200.00 $890.00 $890.00 $805.00 $805.00 $1,378S $1,378.98 $740.00.00 27 2501.515 21" RC PIPEAPRON EACH 1.00 $400.00 $400.00 $975.00 $975.00 $895.00 $895.00 $1,595.1 $1,595.18 $966.00.00 28 2502.521 6" PVC PIPE DRAIN LIN FT 94.00 $15.00 $1,410.00 $14.00 $1,316.00 $12.75 $1,198.50 $22.06 $2,073.64 $22.008.0029 2502.541 4" PERF. PVC PIPE DRAIN TOP HALF PERFORATED WITH SOC LIN FT 486.00 $4.50 2,187.00 $6.00 2,916.00 $4.65 2,259.90 $283 1,37538 $715.9030 2502.541 6"PERF.PVC PIPE DRAIN LIN FT 252.00 $9.00 2,268.00 $14.00 3,528.00 $1300 3,276.00 $13.59 3,424.68 $8301.6031 2502.602 6" PVC PIPE DRAIN CLEANOUT EACH 6.00 $250.00 $1,500.00 $300.00 $1,800.00 $275.00 $1,65000 $243.45 $1,46070 $389.00.0032 2503.602 CONNECTTO EXISTING STORM SEWER EACH 2.00 $1000.00 $2,000.00 $950.00 $1,900.00 $800.00 $1,60000 $920.30 $1,84060 $530.000.0033 2503.602 21" PIPE PLUG EACH 1.00 $500.00 $500.00 $150.00 $150.00 $115.00 $11500 $297.51 $297.51 $415.00.00 34 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN H LIN FT 15.34 $275.00 $4,218.50 $180.00 $2,761.20 $160.00 $2,454.40 $234.02 $3,589.87 $230.00 $3,528.20 35 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL CATCH BASIN TYPE LIN FT 24.98 275.00 ,869.50 390.00 9,742.20 350.00 ,743.00 28.54 10,704.93 330.00 8,243.40 36 2506.516 CASTINGASSEMBLY EACH 1 8.00 1 $690.001 $b,b2U.UUI $580,001 $4,tAUUUI $535,001 $4,2UUUUI $630.061 $b,U4UAUI $555.00 $4,440.00 37 2506.601 CONSTRUCT STORMWATER BASIN LUMPSUMI 1.00 1 $19,500,001 $19,500001 $19,100,001 $19,100,001 $18,350,001 $18,350,001 $31,506,071 $31,506071 $56750.00 $56,750.00 38 2506.602 CONNECTTO EXISTINGCATCH BASIN EACH 1 2.00 1 $1,000001 $2,000.00 $975001 $1,950001 $880,001 $1,760.00 $920301 $1,840.60 $755.00 $1,510.00 EROSION CONTROL AND TURF ESTABLISHMENT 39 2573.502 SILT FENCE TYPE MS LIN FT 640.00 $2.50 $1,60000 $3.00 $1,92000 $2.00 $1,28000 $2.00 1,280.00 $2.25 1,440.00 40 2573.535 STABILIZED CONSTRUCTION EXIT LUMPSUM 1.00 $2000.00 2,000.00 $2000.00 2,000.00 $550.00 550.00 $1251.52 1,251.52 $1500.00 $1,500,00 41 2573.530 STORM DRAIN INLET PROTECTION EACH 15.00 $200.00 $3,000.00 $250.00 $3,750.00 $85.00 $1,275.00 $90.00 $1,350.00 $175.00 $2,625.00 42 2574.252 COMMON TOPSOIL BORROW CU YD 292.50 $25.00 $7,312.50 $22.00 $6,435.00 $25.00 $7,312.50 $19.16 $5,604.30 $27.50 $8,043.75 43 2574.508 FERTILIZER TYPE 1 POUND 196.00 $1.00 $196.00 $1.00 $196.00 $2.00 $392.00 $2.00 $392.00 $1.00 $196.00 44 2574.508 FERTILIZER TYPE 4 POUND 19.80 $1.50 $29.70 $1.75 $34.65 $16.00 $316.80 $16.00 $316.80 $1.00 $19.80 45 2575.502 SEED MIXTURE 25-151 POUND 117.60 .00 70.40 3.75 41.00 .00 940.80 .00 940.80 .00 70.40 46 2757.502 SEED MIXTURE 33-261 POUND 3.85 $27.00 $103.95 $25.00 $96.25 $45.00 $173.25 $45.00 $173.25 $50.00 $192.50 47 2575.511 MULCH MATERIAL TYPE 1 TON 1.34 $180.00 $241.20 $180.00 $241.20 $500.00 $670.00 $500.00 $670.00 $1,500900 $2,010.00 48 2575.523 EROSION CONTROL BLANKETS CATEGORY 3 SO YD 2082.60 $2.00 $4,165.20 $2.25 $4,685.85 $1.50 $3,123.90 $1.50 $3,123.90 $1.10 $2,290.86 49 SPECIAL FLEXAMAT SO YD 198.00 $90.00 $17,820.00 $79.00 $15,642.00 $76.00 $15,048.00 $78.14 $15,471.72 $100.00 $19,800.00 Pagel of 1 C ADDENDUM NO. 3 06/14/2017 City of Hutchinson MN Letting No. 6/Project No. 17-06 Hotel Site Access Improvements — New Roadway FROM: City of Hutchinson Engineering Dept. 111 Hassan St SE Hutchinson MN 55350 Hutchinson City Center Engineering Dept. 111 Hassan Street SE Hutchinson, VIN 55350-2522 320-234-4209/Fax 320-234-4240 TO: Document Holders Document holders on the above-named project are hereby notified that this document shall be appended to, take precedence over and become part of the original bidding documents for this work. Bids submitted for the construction of this work shall conform to this document. Following is a listing of items to be replaced or appended to in the Plans for Letting No. 6/Project No. 17-06: 1) DOCUMENT 0300 - BID PROPOSAL FORM Document 0300 — Bid Proposal Form and Bid Proposal Form — Addendum No. 2 did not include quantities and shall be replaced with the attached DOCUMENT 0300 — BID PROPOSAL FORM - "ADDENDUM NO. 3 — 06/14/2017". Also note change in bid withdrawal period on page 2. 2) DOCUMENT 0500 — CONTRACT AGREEMENT FORM (All Revisions are shown in red.) V. The Contractor agrees to commence the work as herein provided for, at the earliest practicable date, and to prosecute the same diligently in accordance with Doc. 0805 Special Provisions SP -4.1 and without delay and to have the work entirely completed in every respect to the satisfaction and approval of the engineer, aforesaid, on or before October 27, 2017. In case of the failure on the part of the Contractor, for any reason except with the written consent of the Council of the City, to complete the work on or before the date aforesaid, the City shall have the right to deduct 3) DOCUMENT 0805 — SPECIAL PROVISIONS (All Revisions are shown in red.) SP -1.2 — NOTICE OF CONTRACT The right is reserved to send to the successful bidder the necessary contract forms and a notice that the contract has been awarded to him at any time within 77 days afterthe date set for opening of bids. SP -1.3 RETURN OF PROPOSAL GUARANTEES: The City will return proposal guarantees, except those of the three (3) low bidders, within five (5) days after the date of the opening of the proposals and the proposal guarantee of the second and third low bidders within 81 days after the date of the opening of bids. SP -4.1 COMPLETION DATES Completion dates shall be based on the date that all work required as part of the contract, (including restoration and clean-up when applicable) is completed. Substantial Completion Date: Roadway/Utility Work including removals, utilities, grading, drainage, aggregate base placement, concrete curbing, bituminous pavement, retaining walls, fences, temporary restoration and appurtenances to achieve opening the roadway to hotel developer traffic shall be completed on or before October 6, 2017. Final Completion Date: All work including lighting, landscaping, final restoration and project cleanup required for acceptance under this Contract shall be completed on or before October 27, 2017. SP -4.2 GENERAL For reasons of public interest, it is imperative that the work be prosecuted continuously and effectively, with the least possible delay, to the end that all work will be completed within the time period allowed. The Contract Time allowance was determined based on the proposal quantities and an anticipated Project Award at the July 25, 2017 City Council Meeting. Any plea by the Contractor that insufficient time was allowed will not be considered a valid reason for an extension of the Contract Time if the City's award of this contract occurs on or before August 8, 2017. If the City Council's Project Award of this contract occurs after August 8, 2017, the City and Contractor shall establish and formalize revised completion date parameters within a Change Order document concurrently with the City Council's potential Project Award approval. This addendum consists of 5 pages. NOTE: Receipt of this Addendum No. 3 (dated 06/14/2017) shall be acknowledged on Document 0300, Page 4 of 4 of the submitted Bid Proposal Form. Failure to do so may subject Bidderto disqualification. Hutchinson MN L6/17-06 Addendum No. 3 Page 1 DOCUMENT 0300 BID PROPOSAL FORM ADDENDUM NO. 3 LETTING NO. 6/PROJECT NO. 17-06 06/14/2017 Director of Engineering City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 I/We the undersigned, doing business as: and hereinafter known as the Bidder, hereby propose and, if this proposal is accepted, agree to enter into an agreement with the City of Hutchinson on a form to be provided by and acceptable to the City of Hutchinson, Minnesota to furnish all labor, machinery, equipment, and tools and other means of construction necessary for the complete construction of the work, all in strict accordance with plans and specifications entitled "LETTING NO. 6/PROJECT NO. 17-06". G:\IMPROVEMENT PROJECTS\2017\L6P17-06 -Hotel Site Access Improvements Hwy 7815\PROJECT DOCUMENTS\PLANS & SPECSW DDENDUMW DDENDUM NO. 3\Doc 0300 Bid Proposal Form - L6P17-06 -ADDENDUM NO. 3 - 06-14-2017.xim - Page 1 of 4 LETTING NO. 6/PROJECT NO. 17-06 ITEM NO. SPEC. REF. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL ROADWAY CONSTRUCTION 1 2021.501 MOBILIZATION LUMP SUM 1.00 $ $ 2 2101.501 CLEARING ACRE 0.26 $ $ 3 2101.502 CLEARING TREE 14.00 $ $ 4 2101.506 GRUBBING ACRE 0.26 $ $ 5 2101.507 GRUBBING TREE 14.00 $ $ 6 2104.501 REMOVE CURB AND GUTTER LIIN FT 86.00 $ $ 7 2104.505 REMOVE BITUMINOUS PAVEMENT SQ YD 20.00 $ $ 8 2104.509 REMOVE CATCH BASIN EACH 4.00 $ $ 9 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT 90.00 $ $ 10 2105.501 COMMON EXCAVATION CU YD 4017.00 $ $ 11 2105.507 SUBGRADE EXCAVATION CU YD 100.00 $ $ 12 1 2105.522 ISELECT GRANULAR BORROW (CV) CU YD 636.40 $ $ 13 2105.604 GEOTEXTILE FABRIC TYPE V SQ YD 1012.00 $ $ 14 2211.503 AGGREGATE BASE CLASS 5 CU YD 447.00 $ $ 15 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 72.70 $ $ 16 2360.503 TYPE SP 9.5 WEARING COURSE MIXTURE (2,C) 1.5' THICK SQ YD 1454.00 $ $ 17 2360.503 TYPE SP 12.5 WEARING COURSE MIXTURE (2,C) 2.5" THICK SQ YD 1454.00 $ $ 18 2631.501 CONCRETE CURB AND GUTTER DESIGN B618 LIN FT 1117.00 $ $ 19 2545.501 LIGHTING SYSTEM LS 1.00 $ $ 20 1 2563.601 ITRAFFIC CONTROL LUMP SUM 1.00 $ $ RETAINING WALL CONSTRUCTION 21 2411.618 CONCRETE RETAINING WALL WET CAST BLOCK WALL SQ FT 4700.00 $ $ 22 2557.501 WIRE FENCE DESIGN 60V-9322 LIN FT 552.00 $ $ STORM SEWER AND BASIN CONSTRUCTION 23 2501.511 12" RC PIPE CULVERT CLASS V LIN FT 207.00 $ $ 24 2501.511 15' RC PIPE SULVERT CLASS V LIN FT 24.00 $ $ G:\IMPROVEMENT PROJECTS\2017\L6P17-06 -Hotel Site Access Improvements Hwy 7815\PROJECT DOCUMENTS\PLANS & SPECSW DDENDUMW DDENDUM NO. 3\Doc 0300 Bid Proposal Form - L6P17-06 -ADDENDUM NO. 3 - 06-14-2017.xim - Page 1 of 4 ITEM NO. SPEC. REF. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 25 2501.511 21" RC PIPE CULVERT CLASS III LIN FT 59.00 $ $ 26 2501.515 15' RC PIPE APRON EACH 1.00 $ $ 27 2501.515 21" RC PIPE APRON EACH 1.00 $ $ 28 2502.521 6" PVC PIPE DRAIN LIN FT 94.00 $ $ 29 2502.541 4" PERF. PVC PIPE DRAIN TOP HALF PERFORATED WITH SOCK LIN FT 486.00 $ $ 30 1 2502.541 6" PERF. PVC PIPE DRAIN LIN FT 252.00 $ $ 31 2502.602 6" PVC PIPE DRAIN CLEANOUT EACH 6.00 $ $ 32 2503.602 CONNECT TO EXISTING STORM SEWER EACH 2.00 $ $ 33 2503.602 21" PIPE PLUG EACH 1.00 $ $ 34 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN H LIN FT 15.34 $ $ 35 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL (CATCH BASIN TYPE A) LIN FT 24.98 $ $ 36 2506.516 CASTING ASSEMBLY EACH 8.00 $ $ 37 2506.601 CONSTRUCT STORMWATER BASIN LUMP SUM 1.00 $ $ 38 1 2506.602 ICONNECT TO EXISTING CATCH BASIN EACH 2.00 $ $ EROSION CONTROL AND TURF ESTABLISHMENT 39 2573.502 SILT FENCE, TYPE MS LIN FT 640.00 $ $ 40 2573.535 STABILIZED CONSTRUCTION EXIT LUMP SUM 1.00 $ $ 41 2573.530 STORM DRAIN INLET PROTECTION EACH 15.00 $ $ 42 2574.252 COMMON TOPSOIL BORROW CU YD 292.50 $ $ 43 2574.508 FERTILIZER TYPE POUND 196.00 $ $ 44 2574.508 FERTILIZER TYPE 4 POUND 19.80 $ $ 45 2575.502 SEED MIXTURE 25-151 POUND 117.60 $ $ 46 2757.502 SEED MIXTURE 33-261 POUND 3.85 $ $ 47 2575.511 MULCH MATERIAL TYPE 1 TON 1.34 $ $ 48 2575.523 EROSION CONTROL BLANKETS CATEGORY 3 SQ YD 2082.60 $ $ 49 SPECIAL FLEXAMAT SQ YD 198.00 $ $ TOTAL - LETTING NO. 6/PROJECT NO. 17-06 $ The City of Hutchinson reserves the right to award the base bid with all, or none, or any combination of the alternate bids. Submittal of completed "Attachment A - Responsible Contractor Verification Certification of Compliance" form is required with Bid Proposal Form. The undersigned agrees, that upon written acceptance of this bid, I/we will, within ten (10) days of receipt of such notice, execute a formal Contract Agreement with the City of Hutchinson, and that /we will provide the Bonds or guarantees as required. The undersigned agrees that if awarded the Contract, I/we will commence the work within ten (10) days of written notice to commence work, and that I/wewill complete the construction as specified in the Project Specifications in section SP -4.1 of the Special Provisions. In submitting this bid, it is understood that the right is reserved by the City to reject any or all bids, and it is agreed that this bid may not be withdrawn for a period ofeighty-one (81) days from the opening thereof. I/We hereby certify that I am/we are the only person, persons, firm or corporation interested in this proposal as principals, that it is made without collusion with any person, firm or corporation, that an examination has been made of the site of the work, plans and specifications and contract form, and propose to furnish all necessary materials, machinery, equipment, tools, labor, supervision and other means of construction in the manner and time prescribed and understand that the quantities of work, whether increased or decreased, are to be performed at the unit prices shown herein. G:\IMPROVEMENT PROJECTS\2017\L6P17-06 -Hotel Site Access Improvements Hwy 7815\PROJECT DOCUMENTS\PLANS & SPECSW DDENDUMW DDENDUM NO. 3\Doc 0300 Bid Proposal Form - L6P17-06 -ADDENDUM NO. 3 - 06-14-2017.xIax -Page 2 of 4 It is understood that the above unit prices for installation shall include all necessary materials, labor, supervision, machinery, equipment, tools, bracing, falsework and other means of construction, including all necessary tests incidental to such installation. The undersigned agrees to do all "Extra Work" which may be required for the workmanlike completion of the work contemplated at the unit prices given herein, orfor lump sums to be agreed upon in writing prior to starting such "Extra Work", or to perform such work based upon a reasonable detailed invoice price as stated in Mn/DOT Spec. 1904. The undersigned guarantees all of the work performed under this contract to be done in accordance with the plans and specifications, and in a good and workmanlike manner, and to maintain the stability of all work and materials done, furnished, and installed under this contract for the period of one year after the date of final payment. The undersigned agrees to begin work as indicated in the Special Provisions and to prosecute the work so as to complete the same as indicated in the Special Provisions. The undersigned has considered that the time of the performance is to be the essence of this contract in case this proposal is accepted, and I/we agree to pay the sum or sums per day as listed in the Special Provisions as and for liquidated damages for each day of default after the time of completion specified herein. Accompanying this proposal is a certified check or bidders bond in the amount of Dollars and Cents, ($ ) the same being at least five percent (5%) of the total amount of the proposal, made payable to the order of the City of Hutchinson, as a guarantee which it is agreed by the undersigned, will be forfeited in the event that the form of contract is not executed, if awarded to the undersigned. IF A CORPORATION, WHAT IS THE STATE OF INCORPORATION? IF A PARTNERSHIP. STATE FULL NAMES OF ALL PARTNERS: FIRM NAME: BY: TITLE: BY: TITLE: OFFICIAL ADDRESS: DATED: G:\IMPROVEMENT PROJECTS\2017\L6P17-06 -Hotel Site Access Improvements Hwy 7815\PROJECT DOCUMENTS\PLANS & SPECSW DDENDUMW DDENDUM NO. 3\Doc 0300 Bid Proposal Form - L6P17-06 -ADDENDUM NO. 3 - 06-14-2017.xIax -Page 3 of 4 ACKNOWLEDGEMENT OF RECEIPT OF CONTRACT ADDENDA OR ADDENDUM (IF ISSUED) Received Addendum No.1 Dated Initials Received Addendum No.2 Dated Initials Received Addendum No.3 Dated Initials Received Addendum No.4 Dated Initials Received Addendum No.5 Dated Initials Received Addendum No.6 Dated Initials G:\IMPROVEMENT PROJECTS\2017\L6P17-06 -Hotel Site Access Improvements Hwy 7815\PROJECT DOCUMENTS\PLANS & SPECSW DDENDUMW DDENDUM NO. 3\Doc 0300 Bid Proposal Form - L6P17-06 -ADDENDUM NO. 3 - 06-14-2017.xIax -Page 4 of 4 HUTCHINSON CITY COUNCIL CayofAa� Request for Board Action 7AL =-w Agenda Item: RFP - Sanitary Sewer Collection System Analysis Department: PW/Eng LICENSE SECTION Meeting Date: 8/8/2017 Application Complete N/A Contact: John Olson Agenda Item Type: Presenter: John Olson Reviewed by Staff ❑ New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Issues related to inflow and infiltration (1/1) into the wastewater treatment facility (WWTF) were evident during last year's major storm. Since the WWTF was rehabilitated, there have been indications of serious 1/I, but capacity has generally adequate to withstand significant storms. As development has resurged and to maximize efficiencies, it became apparent to Public Works staff that a renewed focus on addressing 1/1 is in the City's best interest. Public Works staff drafted a Request for Proposals (RFP) to be completed by spring 2018 to address a few key components of the beginnings of a comprehensive 1/1 program that we propose will be built up over the next few years. Utilizing existing data available from the City's geographic information system (GIS), automated meter reading (AMR) system, and utility billing (UB) systems, the RFP focuses on a few main issues, including: 1) Identifying sewer sheds. Assigning each sewer customer to the lift station(s) their sewerage flows to or through. 2) Identify potential sub -sewer sheds in the large area served by the City's main lift station (the former WWTF near VMF baseball field). 3) Assign standard water consumption rates for each sewer shed, based on industry standard water consumption for various customer types, and compare flows to lift station pumping records. Also, compare actual water meter readings to lift station pumping records. This being done to identify significant deviations. 4) Focus on smaller, outlying sewer sheds first to determine potential 1/1 in those sewer sheds, while preparing for future flow monitoring efforts in sub -sewer sheds of the large area served by the main lift station in the future. The proposed 2018-2022 Capital Improvement Plan identifies $80,000 per year for sanitary sewer and $20,000 per year for storm sewer collection systems maintenance. Costs of this work are proposed to be paid for from these funds. BOARD ACTION REQUESTED: Approval of RFP for Sanitary Sewer Collection System Analysis. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 50,000.00 Total City Cost: $ 50,000.00 Funding Source: Wasewater Utility Funds Remaining Cost: $ 0.00 Funding Source: REQUEST FOR PROPOSALS "SANITARY SEWER COLLECTION SYSTEM ANALYSIS" The City of Hutchinson ("City") is seeking the services of a qualified consultant to produce a "Sanitary Sewer Collection System Analysis" document which will be used to analyze the existing sanitary sewer collection, to prioritize areas of concern, to provide recommendations for appropriate follow up inspections or evaluations to address inflow and infiltration within the collection system, as well as to identify any other needs discovered during the preparation of the document. While it is the intent of the City to include the entire sanitary sewer collection system in this report, the City retains the right to reduce the scope of the project to identify any subarea of the City. The following schedule shall be followed by each firm identified as a Proposer: PROPOSED SCHEDULE ➢ City Council approves Request for Proposals (RFP) and proposed schedule on August 8, 2017. ➢ All questions regarding the RFP should be submitted in writing by August 29, 2017. If necessary, the City will send out an addendum including corrections or clarifications by September 12, 2017. ➢ Proposals are due by September 26, 2017. ➢ Review of RFPs and recommendation by Selection Committee by October 3, 2017. ➢ Oral interviews may be scheduled for October 10 through October 17, 2017. ➢ Committee selects preferred consultant and begins negotiations: October 24 through October 31, 2017. ➢ City Council to consider approval of Consultant at the Council meeting on November 14, 2017. ➢ Work completed by April 30, 2018 Notes: This RFP does not obligate the City to complete this project. The City reserves the right to cancel or amend this solicitation at any time, if it is considered to be in the best interest of the City. Any amendments will be communicated to all known Proposers. PROPOSAL CONTENTS Proposals submitted for the City's consideration are required to include, but not necessarily be limited to, the following information. Proposals shall not exceed 50 single -sided pages, including cover, title sheets, dividers, figures and resumes, etc. For ease of review by the selection committee, each proposal shall be organized into the major sub -headings indicated on the following pages. One (1) paper copy and one (1) electronic copy, pdf format preferred, of the proposal shall be mailed/delivered to the City no later than p.m. on , 2017. Submittals shall be addressed to: John Olson Public Works Manager 1400 Adams St SE Hutchinson, MN 55350 (320) 234-4473 — office (320) 583-8145 — mobile Jolson@ci.hutchinson.mn.us All contacts and questions regarding this proposal must be through the above named person. Inquiries must be in written form. Email inquiries are acceptable. Replies of substance will be in the form of an addendum that shall be sent to all known Proposers. Please provide a single point of contact (person's name), telephone number(s) and email address to expedite the receipt of any such addendum. Late submittals will not be considered or reviewed. Respondents shall bear all costs and risks associated with preparing and submitting responses to this Request for Proposals. REQUEST FOR PROPOSALS SANITARY SEWER COLLECTION SYSTEM ANALYSIS 1) PROJECT The City of Hutchinson is seeking the services of a qualified consultant to produce a document using existing information available from the City to analyze the sanitary sewer collection system, with a focus on identifying potential inflow and infiltration. In addition, the document will help City staff prioritize and provide recommendations to administration and elected officials for appropriate follow up. Recommendations may include additional inspections or evaluations to identify potential inflow and infiltration in specified areas or the need to further measure and analyze separate areas within the collection system. The document should also highlight any obvious need or concern that may have been discovered or identified during preparation of the document. Analysis and subsequent recommendations will be incorporated into a report entitled, "City of Hutchinson Sanitary Sewer Collection System Analysis". This report will be compiled using available information from the City's Geographic Information System (GIS) files, Utility Billing (UB) files, Automated Meter Reading (AMR) files, and other existing data, as necessary. Sewer sheds shall be identified, to the extent that each sanitary sewer customer property shall be identified by the lift station or lift stations that the property's sanitary sewerage flows to or through. Since the majority of sewer customers flow to the City's main lift station, sub -sewer sheds for that large area shall be defined into areas that can easily be segregated for future evaluation. In the future, the City's intent is to install flow meters and related technology for periods of up to six months during seasonal wet weather conditions and correlate flow monitor records with data from sewer customers. Depending upon findings of flows measured, the City may permanently install flow meters. Standard daily water consumption for each sewer shed shall be calculated, based on industry standards for daily water consumption, for each type of land use and customer type (e.g., residential, multi -family, commercial, institutional, industrial, etc.). Average lift station pumping records shall be calculated and compared to standard daily water consumption for each sewer shed. Calculations shall be expressed as a percentage of standard water consumption (e.g., for sewer shed #1, on average, total lift station pumping is equal to 120% of the standard daily water consumption). At a minimum, these comparable actual daily water consumption reports are to be prepared for each sewer shed. 1. The first shall be calculated, based on available AMR data for daily water consumption on one representative day following a day without precipitation in each of the months of February, May, August, and November of the preceding year. 2. The second shall be calculated, based on available AMR data for daily water consumption on one representative day following a day with at least one inch (1") of rain and/or four inches (4") of snow, if possible, in each of the months of February, May, August, and November of the preceding year. 3. The third shall be calculated surrounding a rain event of at least two and one-half inches (2.5") of rain in any month. Corresponding pumping records for each lift station shall be identified in these calculations, with the total lift station pumping being expressed as a percentage of actual daily water consumption (e.g., for sewer shed #1, on average, total lift station pumping was equal to 120% of the actual daily water consumption). These tables, when complete, are intended to allow the City to identify which sewer sheds are pumping significantly more than industry standard water consumption or significantly more than actual consumptions following both dry and wet days. As part of this project, it will be necessary to coordinate access to City data with the City's Information Technology department and comply with any necessary security measures required by them. After reviewing data collected, recommend a course of action to cost-effectively address inflow and infiltration from the wastewater collection system, to include: • Summary discussion of work tasks completed. • Map delineating areas and priorities of areas with potential for high inflow -infiltration. • Identify future investigative measures to identify inflow -infiltration sources in the future. • Review typically used funding methods for implementing inflow -infiltration mitigation projects. • Discuss maintenance measures that can be implemented to reduce inflow -infiltration, including a discussion of the effectiveness and relative cost of performing the various maintenance measures. • Briefly discuss recommendations for abating storm water and clear water from entering the sanitary sewer collection system. This report will become and any data used will remain the property of the City. 2) BACKGROUND As of December 31, 2016, the City of Hutchinson reported a sanitary sewer collection system consisting of 91.07 miles of sewer main, 0.82 miles of abandoned sewer main, 1,811 manholes, 10 abandoned manholes, 20 cleanouts, 20 force main valve manholes, 2 air releases, and 13 lift stations. There are 4,791 sanitary sewer customers. The former wastewater treatment facility, located at 440 Ontario St SW, was converted to the primary City lift station after the existing wastewater treatment facility was constructed. Large force mains convey wastewater from the primary City lift station to the existing wastewater treatment facility located at 1300 Adams St SE. The wastewater treatment facility design statistics for proposed 2028 flows and loads include: Parameter Units Average Day Max Month Max Day Inst. Peak Population 21,554 Influent Flow MGD 3.67 5.43 9.62 13.04 BOD5 Loading lbs/day 10,100 16,000 28,800 -- TSS Loading TKN Loading TP Loading lbs/day 7,470 1,280 12,000 1,860 19,400 2,370 589'_J: -- 1 -- lbs/day lbs/day 380 532 In the past, Hutchinson has commissioned studies to address its wastewater collection system with the most relative and recent one being: ■ December, 2016; Lift Stations Evaluation, Nero Engineering At this time, Hutchinson is seeking to utilize information contained in previously completed studies and reports, to the extent feasible, in preparation of this document. It is the intent of this project to utilize current information available in GIS, AMR, UB and other City databases to develop the information necessary to help the City identify which sewer sheds or sub -sewer sheds have the highest likelihood of having inflow and infiltration problems. In addition, any other issues of note that are discovered during the process of producing the report should be highlighted. 3) PROPOSAL LAYOUT Project Understanding A narrative which presents the firm's understanding of the report's requirements, including specific ideas the firm may have regarding gathering and presenting information specific to the goals identified for this report. Project Approach Proposer's overall approach to the project in general terms, including a discussion of the firm's project management philosophy and how it relates to this specific project. A detailed approach to each phase of the project, including a discussion of the tasks to be performed by the firm should be included. Identify any specific disciplines for which the firm intends to retain the services of a sub -consultant. Include the firm names and names of their team members who will work on the report. Firm Experience Identify a minimum of five projects that your firm has completed within the last five years of a similar nature. Please include a reference for each project including contact name, telephone number, and/or email address. Outline your firm's experience in the Upper Midwest as it relates to requirements of this report. Work Schedule Prepare a work task flow chart that illustrates, chronologically, your firm's intent to reach major milestones and provide a deliverable report within the project's time -frame. Project Team Provide a list of personnel who will be assigned to this study if your firm is selected. Include personnel experience and qualifications as they relate to this study as well as what role each will perform on this project. Work Program and Hourly Estimate Prepare a work program that outlines the task that will be completed, when it will be completed, and indicate which team member will be performing each task. Prepare an estimate of the personnel hours (by employee classification) for each work task identified. Provide a detailed listing of hourly rates for each employee classification used by your firm. The work program shall also indicate the level of Hutchinson participation in the project as well as any other service or coordination that is to be provided by the City. City staff intends to be actively involved with this project and a minimum of _ status meetings are to be included in the work program. Current Workload Provide discussion of your firm's current workload as well as those of the project team and sub -consultants identified as they may relate to this report. Include a description of any conflicting projects or studies that the City should be aware of. Consultant Fee Prepare an hourly, not -to -exceed cost for consulting services including reimbursable expenses, mileage, meetings, etc. associated with this proposal. The actual fee will be based on actual hours worked at the rates set forth in the proposal. Summary Summarize key elements of the proposal and provide a discussion as to why you feel your firm should be selected for this study. 4) EVALUATION CRITERIA FOR THE SELECTION OF THE ENGINEERING FIRM A Selection Committee composed of City personnel will evaluate the proposals. Members of the Selection Committee will independently review and rate each proposal based on the following criteria: Proiect Understanding (10%): The firm's understanding of the project and the City's concerns, as evidenced by the firm's response in the Project Understanding portion of the proposal. Proiect Approach (15%): The clarity, conciseness, and organization included in the firm's response. The firm's responsiveness to the RFP and inclusion of innovative approaches to complete the project. Proiect Personnel (10%): The assignment of qualified and experienced personnel responsible for the project who have proven ability to work together as a team on similar projects. Registration as a civil engineer within Minnesota will be considered for personnel that will be working on or overseeing the project. Work Program (10%): Thoroughness of the proposed work program, including personnel assignments by employee classification, estimated time needed for each task, and timeline benchmarks or milestones for completion of the report. Firm References (10%): The professional and ethical reputation of the firm and staff, as determined by inquiries with previous clients, and with other references not limited to those specified in the proposal. The firm's quality of planning, design and construction engineering services, past performance in meeting schedules and deadlines, and preparing accurate cost estimates, including projects satisfactorily completed for the City. Firm Experience (10%): The qualifications and expertise of the firm and key project personnel in performing the services required for this project as demonstrated by the quality of the firm's previous and current projects. Emphasis will be given to experience in the Midwest and central or southern Minnesota, in particular. Firm Resources (10%): The firm's resources, such as the number of employees, current workload, integration of computers and other technology, retainage of recognized experts or specialty certified key project personnel, etc. Firm History/Track Record (10%): Familiarity and ability to work with applicable regulatory agencies at State and local levels. Cost to Value (15%): Consultant's estimated fee for proposed work as compared to the value received by the City. The selection committee may select up to three (3) firms for interviews based upon a review of the proposals. Oral interviews, if determined to be in the best interest of the City, will be evaluated against the following criteria: 1) A persuasive presentation that highlights the project approach, clarity, conciseness, organization; 2) The overall responsiveness of the RFP; and 3) Clear, informative answers to all questions. Interviews will be no more than fifty (50) minutes in length with no more than thirty (30) minutes for presentation and no less than twenty (20) minutes for discussion and follow up questions by the selection committee. The City of Hutchinson reserves the right to reject any and all responses, as may be deemed to be in the best interest of the City. The City reserves the right to request additional information from a Consultant(s), as deemed necessary to analyze responses. A contract that more fully defines the final scope of work, and method and amount of compensation, will be negotiated with the selected consultant. Upon completion of the interviews, the committee will rank the firms in order of preference and begin negotiations with the top firm. If an agreement is not reached within a reasonable period of time, the City will terminate negotiations with the top ranked firm and begin negotiations with the second ranked firm. 5) AVAILABLE RESOURCES The City of Hutchinson has completed studies and reports and maintain database information that will help provide information on which to base this report. a. Comprehensive Plan and AUAR (Alternative Urban Area -wide Review) details expected growth rates, locations of growth, types of growth, staging of growth areas and other information. Land use plans, zoning information and other planning documents are also available on-line. These reports are up to date, and very detailed. Reports and graphics are available on-line at the City Web site (http://www.ci.hutchinson.mn.us/planning.htm) b. December, 2016; Lift Stations Evaluation, Nero Engineering c. Sanitary sewer collection system data is available in ESRI's ArcGIS layer format. Information includes all known locations, sizes, materials, top of casting and invert elevations, links to as -built drawings (if available), for sewer main, force mains, manholes, clean outs, lift stations, etc. and other sanitary sewer collection system features, and address, property owner and parcel information. d. GIS/Topographic Mapping: Geographic Information Systems data related to the City's sanitary sewer system, including previous topography maps integrated into the existing ArcGIS format. e. Utility Billing/Consumption Information. Water use records identified by address, account number, and property identification number (PIN) are available. 5) SCOPE OF WORK This project is divided into general areas of study: 1) Sewersheds. Identify sewer sheds to the extent that each sanitary sewer customer is identified by the lift station(s) through which their sanitary sewerage flows. 2) Standard water consumption. Using land use and customer data, determine the industry standard water consumption for each sewer shed. 3) Actual water consumption. Using utility billing/consumption information, identify water use for one representative day following a day with no precipitation, for one representative day following a day with at least 1" of rain and/or 4" of snow within the months of February, May, August, and November of the preceding year, and one day following a day with at least 2.5" of rainfall in any month. 4) Lift station pumping records. Utilize daily pumping records for lift stations, identifying the sizes, capacities, and performance of lift station pumps, to compare the volume of water pumped by the lift stations for a typical day (to compare to standard water consumption) and for the days selected for use as actual water consumption days (see #3 above). TASK 1: Sewer sheds Create an ArcGIS map and corresponding data table to be integrated into the City's ArcGIS layers that clearly identifies the various sewer sheds and identified sub -sewer sheds in the City. Create an ArcGIS map and corresponding data table to be integrated into the City's ArcGIS layers that clearly identifies the lift station(s) that serve each sanitary sewer customer. Create a map identifying all lift stations, to include pump sizes, capacities, and typical flows. TASK 2: Standard water consumption Identify industry standard estimated water consumption for various customer types, to include the source or sources used to establish the estimates. Classify all sanitary sewer customers by customer -type. Identify customer types and estimated water consumption for customers within each sewer shed. Create an ArcGIS map and corresponding data table to be integrated into the City's ArcGIS layers that clearly identifies the various customer types for each sanitary sewer customer. TASK 3: Actual water consumption Using AMR data, identify the actual water consumption by customer for representative days using the following criteria: • Select a representative day in each of the months of February, May, August and November. • Select one representative day in each of the four months that follows a day with no precipitation • Select one representative day in each of the four months that follows a day with at least 1" of rain and/or 4" of snow. • Select one representative day in any month that follows a day with at least 2.5" of rain. Using actual water consumption, identify the water consumption, by sewer shed, for those representative days. Create or recommend steps necessary to create a table that links data from AMR to ArcGIS so this type of report can be regularly reproduced by the City in the future. TASK 4: Lift station oumaine records Create an ArcGIS map and corresponding data table to be integrated into the City's ArcGIS layers that clearly identifies the City's lift stations, to include information, available from previous studies, which identifies each lift station's size, capacity, and performance. Using historical records, and information available from previous studies, calculate the typical flow from lift station(s) serving each sewer shed, and compare that to estimated water consumption for the sewer sheds. Express lift station pumping flows in each sewer shed as a percentage of estimated water consumption for the same sewer shed. Using historical pumping records, if available, or information available from previous studies, calculate the actual flow from lift station(s) serving each sewer shed, and compare that to actual water consumption for the sewer sheds. Express lift station pumping flows in each sewer shed as a percentage of estimated water consumption for the same sewer shed. 6) CONTRACT TYPE No reimbursement will be made by the City of Hutchinson for any costs incurred prior to a formal notice to proceed should an award of contract result from this solicitation. The City of Hutchinson expects to utilize an hourly rate contract with a maximum dollar amount that the City will pay to the successful Consultant on a monthly basis, with a final payment due at the completion of Consultant's duties under the Agreement entered into between the parties. The hourly rates shall include all labor costs, labor additives, general and administrative costs, reimbursable expenses, and profit. Subsequent contracts, if any, may or may not use this contracting approach. It is anticipated monthly estimates will be used as method of payment with the Consultant submitting a detailed invoice listing times, personnel, mileage, etc. chargeable for that period. 7) CONDITIONS OF ENGAGEMENT Independent Consultant It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Consultant's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Consultant and its staff are to be and shall remain an independent consultant with respect to all services performed under this proposal. The Consultant represents that it has, or will secure at its own expense, all personnel required in performing services under this proposal. Any and all personnel of the Consultant or other persons, while engaged in this performance of any work or services required by the Consultant under this proposal, shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Consultant, its officers, agents, contractors or employees shall in no way be the responsibility of the City; and the Consultant shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. Indemnification The Consultant shall defend, indemnify and hold harmless the City of Hutchinson, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Consultant's (including its officials, agents, sub - consultants or employees) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Consultant. Termination The contract may be terminated by the City with or without cause at any time upon written notice to the Consultant. In the event that such termination should take place at a time other than the completion of the work to be performed under the contract, the Consultant shall be paid for the work performed to the date of termination. Miscellaneous The successful Consultant agrees that during the term of the Agreement entered into between the Consultant and the City: 1. The City will own and have a right to use, reproduce and modify as it desires any data, reports, analyses, and materials which are collected or developed by the Consultant as a result of this contract. Any material alterations, variations, modifications or waivers of provisions of this proposal shall be valid only when they have been reduced to writing as an amendment to this proposal and signed by both parties. The City and Consultant submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. Any judicial action shall be taken in the City of Hutchinson's court district. 4. This Agreement shall not be assignable except at the written consent of the City. HUTCHINSON CITY COUNCIL 0=4-fAa� Request for Board Action 7AL =-M Agenda Item: Calling a Special Budget Workshop Meeting for 4:00 pm on August 22 Department: Administration LICENSE SECTION Meeting Date: 8/8/2017 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑ New Business Time Requested (Minutes): 1 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: Staff is looking to hold its second budget workshop session of the year in preparation for the 2018 budget. The workshop will focus on our Capital Improvement Plan which was distributed to you at the last council meeting. Staff is asking the council to call a workshop meeting. BOARD ACTION REQUESTED: Approval of calling a special workshop meeting for 4:00 p.m. on August 22 Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: