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12/08/2020
LAUDERDALE CITY COUNCIL MEETING AGENDA 7:00 P.M. TUESDAY, DECEMBER 8, 2020 Due to the coronavirus, the city council is holding meetings by teleconference. The public may view the meeting on Lauderdale's public access channel 16 for cable subscribers or online at https://www.ctvnorthsuburbs.org/your-city/lauderdale/. The public may join the meeting using the login instructions at the end of the agenda. The City Council is meeting as a legislative body to conduct the business of the City according to Robert's Rules of Order and the Standing Rules of Order and Business of the City Council. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL TO ORDER THE LAUDERDALE CITY COUNCIL MEETING 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the November 24, 2020 City Council Meeting c. Claims Totaling $20,742.04 4. CONSENT a. Resolution No. 120820A - Findings of Fact for 1847 Fulham Street Variance Denial b. Northdale Final Pay Request #10 for the 2019 Infrastructure Improvement Project c. 2021 SafeAssure Contract d. Yearend Accounts Payable Authorization 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS a. Resolution No. 120820B — Commendation for Council Member Kelly Dolphin 6. INFORMATIONAL PRESENTATIONS / REPORTS a. Metro Transit Update Provided by Peter Lindstrom, Doug Cook, and Peter Grafstrom b. City Council Updates 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. a. Resolution No. 120820C — Adopting the 2021 Final Property Tax Levy b. Resolution No. 120820D — Adopting the 2021 Final Budget and Establishing Fund Appropriations c. Resolution No. 120820E — Establishing the 2021 Sanitary Sewer Rates, Storm Sewer Rates, and Recycling Rates 8. DISCUSSION / ACTION ITEM a. Real Estate Equities Application for a Senior Development at 1795 Eustis Street — Purchase and Development Agreement b. 2021 City Council Meeting Schedule c. Resolution No. 120820F—A Resolution Providing for the Sale of $1,390,000 Taxable General Obligation Tax Increment Revenue Refunding Bonds, Series 2021A. d. North East Metropolitan Area Municipal Internetworking Collaborative Joint Powers Agreement e. Resolution No. 120820G — Minnesota Public Works Joint Powers Mutual Aid Agreement 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS a. Gasperre Pond Sediment Testing 11. SET AGENDA FOR NEXT MEETING a. Sale of 2021A GOTIF Refinance Bonds b. Tobacco Ordinance Public Hearing c. November Financial Report d. 2021 Fee Schedule e. 2021 City Council Meeting Schedule f. Designate Official Depository and Investment Institutions g. Committee Appointments and Assignments h. City Administrator Performance Review 12. WORK SESSION a. Community Development Update b. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. 13. ADJOURNMENT Meeting Login Instructions: You are invited to a Zoom webinar. When: Dec 8, 2020 07:00 PM Central Time (US and Canada) Topic: December 8, 2020 City Council Webinar Please click the link below to join the webinar: https://us02web.zoom.us/j/85346447222?pwd=ZnEvSEYwROozU1RTc2F4bVJmbDhzQT09 Passcode: 352808 Or iPhone one -tap : US: +13126266799„85346447222# or +16465588656„85346447222# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 646 558 8656 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 9128 or +1 253 215 8782 or 877 853 5247 (Toll Free) or 888 788 0099 (Toll Free) or 833 548 0276 (Toll Free) or 833 548 0282 (Toll Free) Webinar ID: 853 4644 7222 LAUDERDALE CITY COUNCIL MEETING MINUTES HELD REMOTELY VIA TELECONFERENCE Page 1 of 4 November 24, 2020 Call to Order Mayor Gaasch called the Regular City Council meeting to order at 7:04 p.m. Roll Call Councilors present: Andi Moffatt, Jeff Dains, Kelly Dolphin, and Mayor Mary Gaasch. Councilor absent: Roxanne Grove. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator; and Miles Cline, Deputy City Clerk. Approvals Mayor Gaasch asked if there were any additions to the meeting agenda. There being none, Councilor Dains moved and seconded by Councilor Moffatt to approve the agenda. Motion carried unanimously on a roll call vote. Mayor Gaasch asked if there were any corrections to the minutes of the November 10, 2020 city council meeting. There being none, Councilor Dains moved and seconded by Councilor Moffatt to approve the minutes of the November 10, 2020 city council meeting. Motion carried unanimously on a roll call vote. Mayor Gaasch asked if there were any corrections to the minutes of the November 12, 2020 canvassing board meeting. There being none, Councilor Moffatt moved and seconded by Councilor Dolphin to approve the minutes of the November 12, 2020 canvassing board meeting. Motion carried unanimously on a roll call vote. Mayor Gaasch asked if there were any questions on the claims. There being none, Councilor Dolphin moved and seconded by Councilor Dains to approve the claims totaling $31,203.82. Motion carried unanimously on a roll call vote. Consent Councilor Moffatt moved and seconded by Councilor Dains to approve the Consent Agenda thereby acknowledging the October financial report. Informational Presentations/Reports A. City Council Updates Mayor Gaasch stated that because of the number of items on the agenda, she will save her updates for a later meeting. Public Hearings A. Alley Vacation at 1795 Eustis Street Jennifer Haskamp provide information on the process to vacate an alley and the specifics of the LAUDERDALE CITY COUNCIL MEETING MINUTES HELD REMOTELY VIA TELECONFERENCE Page 2 of 4 November 24, 2020 request from Real Estate Equities (REE) to vacate a portion of the alley between Eustis Street and Malvern Street north of Ione Street. Haskamp explained that REE applied to close the alley access to Malvern Street and will dedicate right-of-way for use by the public through the site to Eustis Street. The residents of the proposed senior facility and the current residents on the block would share access. Mayor Gaasch opening up the floor to anyone in attendance interested in addressing the Council on this topic. Heather Brian, 1778 Eustis Street, stated that she is not in favor of the easement. She stated that the traffic coming in and out of the new building would create a nuisance for neighboring houses. Duane Pulford, 1757 Eustis Street, asked whether the City anticipated the traffic pattern changes of the existing owners upon completion of the new building. There being no additional people interested in speaking, Mayor Gaasch closed the floor. The Council will vote on this item at a later date. B. Variance Request for 1847 Fulham Street Assistant to the City Administrator Bownik addressed the Council to explain the proposed variance request brought forward by Eric and Alyssa McIntosh. Bownik explained the applicants reconstructed a deck that is attached to the rear of the house. The previous deck was located two feet from the north side property line. The reconstructed deck was built to the north side property line and follows that line for a distance of twelve feet. Zoning regulations require a side yard setback of five feet. Thus, the applicant is requesting a five-foot variance to build to the north property line for a zero -foot setback for the reconstructed deck. Mayor Gaasch opened up the floor to anyone in attendance interested in addressing the Council on this topic. Eric and Alyssa McIntosh, 1847 Fulham Street, stated that the variance was for the deck as they planned to come into compliance with the height of the fence not attached to the deck. They said that they stopped building when notified of violations and wanted to come into compliance. Emma Nauman, 1848 Lake Street, shared that she lives near the McIntosh's and supports their variance application. There being no additional people interested in speaking, Mayor Gaasch closed the floor. The Council discussed the recently completed fence ordinance and the intention to maintain the LAUDERDALE CITY COUNCIL MEETING MINUTES HELD REMOTELY VIA TELECONFERENCE Page 3 of 4 November 24, 2020 standards established. They also discussed that neither this Council nor previous Councils have allowed residents to build up to property lines for a variety of reasons. They also expressed regret as these issues could have been avoided had the applicant sought assistance from city staff or the building official prior to starting construction. Councilor Moffatt made a motion to deny the variance for a zero -foot setback based on 1) the permit application was submitted after the work was already done, 2) the previous deck was constructed with a two -foot gap from the property line and not to the property line, and 3) the fence does not meet city or state code requirements. This was seconded by Councilor Dolphin and carried unanimously on a roll call vote. Staff will draft a resolution of denial for consideration at the next council meeting. Discussion/Action Item A. Real Estate Equities Final PUD Application for Senior Development at 1795 Eustis Street — Development Agreement Jennifer Haskamp presented the draft outline of the purchase and development agreement. She highlighted the key provisions that address Council and community questions. She tied the outline to the conditions of the resolution adopted during Phase II of REE's PUD application. A complete draft was expected by the city attorney for the next meeting. B. Tobacco Ordinance Revisions Butkowski mentioned that the Council adopted an interim ordinance to pause the issuance of new tobacco licenses in order to update City code to reflect the new federal and state regulations, and to consider the interest of existing tobacco license holders to open tobacco shops to sell a broader selection of flavored tobacco products. The Council adopted the ordinance restricting the sale of flavored tobacco in response to residents' concerns over the increase in tobacco use among young people. While the tobacco license holders would open tobacco shops, they stated their preference would be to resume sales of mint and menthol flavored tobacco products out of their existing convenience stores. After discussion, the Council directed staff to mail notice to tobacco license holders of the public hearing scheduled for January 12. The draft language would include a prohibition on flavored tobacco in the City. C. 2020-2021 Skating Rink Hires Bownik said staff have been preparing to flood and maintain rinks during the winter skating season but not open the warming house to the public. Staff needs approval to hire staff and set the rate of pay at $15.00 per hour. If that rate doesn't generate enough applicants, staff requests the ability to increase the rate of pay. LAUDERDALE CITY COUNCIL MEETING MINUTES HELD REMOTELY VIA TELECONFERENCE Page 4 of 4 November 24, 2020 Councilor Dains made a motion authorizing staff to hire employees to flood and maintain the skating rinks at $15 per hour and the COVID-19 Policy on the condition the activities meet the Governor's Executive Orders. This was seconded by Councilor Moffatt and carried on a roll call vote with Councilors Dains and Moffatt and Mayor Gaasch voting in favor and Councilor Dolphin voting against. D. 2021 Preliminary Fund Budgets and Utility Rates Butkowski went through the proposed capital improvement plan and utility rates for 2021, as well as the proposed tax rates and levy impacts for Ramsey County. Set Agenda for Next Meeting The December 8 council meeting will include the 2021 budget and levy public hearing; the findings of fact resolution for the 1847 Fulham Street variance request; Real Estate Equities' final PUD application for a senior development at 1795 Eustis Street; a presentation from Doug Cook, the Outreach Coordinator for Metro Transit; and recognition of outgoing Council Member Dolphin. Work Session A. Community Development Update Butkowski stated that tax statements were posted online and would be mailed by Ramsey County property owners shortly. B. Opportunity for the Public to Address the City Council Mayor Gaasch opened up the floor to anyone in attendance interested in addressing the Council. Duane Pulford, 1757 Eustis Street, stated that his property taxes went down $200 from last year. Eric McIntosh, 1847 Fulham Street, asked whether he could apply for a new variance requesting the two -foot setback that the previous deck had. The Council said they would consider that. There being no additional people interested in speaking, Mayor Gaasch closed the floor. Adjournment Councilor Dains moved and seconded by Councilor Mofatt to adjourn the meeting at 9:33 p.m. Motion carried unanimously on a roll call vote. Respectfully submitted, 4w 01114 Miles Cline Deputy City Clerk CITY OF LAUDERDALE LAUDERDALE CITY HALL 1 891 WALNUT STREET LAUDERDALE, MN 55113 651-792-7650 651-631-2066 FAX Request for Council Action To: Mayor and City Council From: City Administrator Meeting Date: December 8, 2020 Subject: List of Claims The claims totaling $20,742.04 are provided for City Council review and approval that includes check numbers 27209 to 27218. Accounts Payable Checks by Date - Detail by Check Date User: Printed: MILES.CLINE 12/4/2020 10:30 AM Check No Vendor No Vendor Name Invoice No Description Check Date Reference Check Amount ACH 34 AFSCME MN Council 5 PR Batch 52400.11.2020 Union Dues ACH 43 11/27/2020 PR Batch 52400.11.2020 Unic Total for this ACH Check for Vendor 34: Public Employees Retirement Association PR Batch 52400.11.2020 PERA Coordinated PR Batch 52400.11.2020 PERA Coordinated 11/27/2020 PR Batch 52400.11.2020 PER PR Batch 52400.11.2020 PER Total for this ACH Check for Vendor 43: ACH 44 Minnesota Department of Revenue PR Batch 52400.11.2020 State Income Tax ACH 45 ACH 46 27209 13 8329 27210 184 4068741686 4068741686 27211 25 RISK -002078 11/27/2020 PR Batch 52400.11.2020 Stat( Total for this ACH Check for Vendor 44: ICMA Retirement Corporation PR Batch 52400.11.2020 Deferred Comp PR Batch 52400.11.2020 Deferred Comp 11/27/2020 PR Batch 52400.11.2020 Def( PR Batch 52400.11.2020 Def( Total for this ACH Check for Vendor 45: Internal Revenue Service PR Batch 52400.11.2020 Medicare Employer Po PR Batch 52400.11.2020 Federal Income Tax PR Batch 52400.11.2020 FICA Employer Portio PR Batch 52400.11.2020 Medicare Employee Pc PR Batch 52400.11.2020 FICA Employee Portio 11/27/2020 PR Batch 52400.11.2020 Med PR Batch 52400.11.2020 Fed( PR Batch 52400.11.2020 FIC, PR Batch 52400.11.2020 Med PR Batch 52400.11.2020 FIC. Total for this ACH Check for Vendor 46: Total for 11/27/2020: 8th Day Landscaping LLC 12/08/2020 November 2020 Snow Removal Total for Check Number 27209: Cintas November Uniforms November Uniforms County of Ramsey PR Batch 52400.11.2020 Short Term Disability PR Batch 52400.11.2020 Long Term Disability PR Batch 52400.11.2020 Life Insurance Insurance Processing Fee 12/08/2020 Total for Check Number 27210: 12/08/2020 PR Batch 52400.11.2020 Shoi PR Batch 52400.11.2020 Lon; PR Batch 52400.11.2020 Life 210.24 210.24 1,026.24 1,184.11 2,210.35 653.28 653.28 1,758.68 1,832.23 3,590.91 279.45 1,728.44 1,194.81 279.45 1,194.81 4,676.96 11,341.74 645.00 645.00 5.52 5.51 11.03 64.67 94.47 295.06 25.00 AP Checks by Date - Detail by Check Date (12/4/2020 10:30 AM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 27212 61 MN00481 Gopher State One Call November 2020 Locates 27213 28 Mike McPhillips Inc 52124 Street Sweeping Total for Check Number 27211: 479.20 12/08/2020 16.20 Total for Check Number 27212: 16.20 12/08/2020 4,200.00 Total for Check Number 27213: 4,200.00 27214 84 North Star Bank Cardmember Services 12/08/2020 122020 Pioneer Press - Subscription 10.00 122020 Dino's Gyros - Election Food 94.38 122020 Pioneer Press - Subscription 10.00 122020 Davannis - Election Food 136.65 122020 Costco - Election Food 47.00 27215 102 B12612189 Total for Check Number 27214: 298.03 SHI International Corp 12/08/2020 Adobe License - JB 67.04 Total for Check Number 27215: 67.04 27216 4 The Neighborhood Recycling Company Inc 12/08/2020 19223 November Single Unit Dwelling 19223 November Multi -Family Recycling 27217 3 429718588 2,862.72 397.44 Total for Check Number 27216: 3,260.16 US National Equipment Finance Inc 12/08/2020 Copier Contract 176.00 Total for Check Number 27217: 176.00 27218 7 Waste Management Inc 12/08/2020 8714215-0500-3 City Hall Refuse Total for Check Number 27218: Total for 12/8/2020: 247.64 247.64 9,400.30 Report Total (15 checks): 20,742.04 AP Checks by Date - Detail by Check Date (12/4/2020 10:30 AM) Page 2 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date December 8, 2020 ITEM NUMBER Variance Resolution 1847 Fulham STAFF INITIAL Jim APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: At the November 24 City Council Meeting, the Council directed staff to prepare a resolu- tion of denial for a 5 -foot side -yard setback variance at 1847 Fulham Street. OPTIONS: • Adopt the resolution as part of the consent agenda. • Remove this item from the consent agenda for discussion. STAFF RECOMMENDATION: By approving the consent agenda, the City Council adopts Resolution No. 120820A, A Resolution Denying a 5 -Foot Variance to the Side -Yard Setback Requirement at 1847 Fulham Street. Member introduced the following resolution and moved its adoption: CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 120820A RESOLUTION DENYING A 5 -FOOT VARIANCE TO THE SIDE -YARD SETBACK REQUIREMENT AT 1847 FULHAM STREET WHEREAS, Eric and Alyssa McIntosh own the property at 1847 Fulham Street (the "Property"), which is legally described as: LOT 3, BLOCK 1, PEASE'S RE -ARRANGEMENT OF LOTS 3-4-7 & 8 PROSPECT HILL, RAMSEY COUNTY, MINNESOTA ; and WHEREAS, Section 10-8-8 (Setback Requirements in R-1) requires a minimum 5 -foot setback from the side property line; and WHEREAS, Eric and Alyssa McIntosh applied for a 5 -foot variance to the side -yard setback requirement for a reconstructed deck attached to a dwelling in the R-1 District; and WHEREAS, notification letters went to property owners adjacent to the subject property; and WHEREAS, a public hearing on the request was held at the November 24, 2020 city council meeting; and WHEREAS, the Lauderdale City Council made the following findings: 1. The deck was reconstructed without consulting the City about permits or zoning regulations. 2. The previous deck was built two feet from the north side property line but was legally nonconforming. Reconstructed decks must comply with the 5 -foot setback required by current city code. The reconstructed deck was built to the side property line for a 0 -foot setback contrary to city code. 3. A fence is interconnected with the deck design; the fence also doesn't comply with city and state fence construction regulations. 4. The variance request did not meet the statutory practical difficulties test for having a unique circumstance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lauderdale, does hereby deny a 5 -foot side -yard setback variance for the Property, based upon the above findings, and requires the fence and deck structures be brought into conformance with city and state codes by August 1, 2021. Dated: December 8, 2020 Mary Gaasch, Mayor Attest: (SEAL) Heather Butkowski, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member upon vote being taken thereon, the following voted in favor thereof: Members , , and And the following voted against same: Absent: Whereupon said resolution was declared duly passed. LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date December 8, 2020 ITEM NUMBER STAFF INITIAL APPROVED BY ADMINISTRATOR Northdale Pay Request No. 10 DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Northdale Construction submitted their final pay request for the 2019 Infrastructure Im- provement Project in the amount of $10,443.20. All work has been completed and all re- tainage paid. STAFF RECOMMENDATION: By approving the Consent Agenda, the Council approves pay request No. 10 for the 2019 Infrastructure Improvement Project payable to Northdale Construction in the amount of $10,443.20 and directs the Mayor and City Administrator to sign all documents necessary to complete the project close out. CITY OF LAUDERDALE 1891 WALNUT STREET LAUDERDALE, MN 55113 Project 193804608 — 2019 INFRASTRUCTURE IMPROVEMENTS Request for Payment No. 10/FINAL Contractor: Northdale Construction Co., Inc. 9760 71st Street NE Albertville, MN 55301 Stantec Project No. 193804608 For Period: 10/3/2020 - 11/30/2020 Contract Amount Funds Encumbered Original Contract Contract Changes Revised Contract Work Certified To Date $2,269,093.49 $0.00 $2,269,093.49 Base Bid Items Contract Changes Material On Hand Total $1,991,465.32 $0.00 $0.00 $1,991,465.32 Original Additional Total $2,269,093.49 N/A $2,269,093.49 Work Certified This Request Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Request Total Amount Paid To Date $9,943.20 $2,120,115.91 $0.00 $2,109,672.71 $10,443.20 $2,120,115.91 Percent: Retained: 0% Percent Complete: 100.00% I hereby certify that all items and amounts shown are correct for the work completed to date. Contractor: Northdale Construction Co., Inc. Approved by:__ Date: 1 I- ,2 y^,249,0 The Work on this project and application has been reviewed and the amount shown is recommended for payment. Stantec Engineer: Kellie M. Schlegel Approved by: Date: P/ 3 (a-va.o Approved for Payment by Owner: Approved by: Date: Stantec Page 2 of 8 Project No. 193804608 Payment Number: 10/FINAL Payment Summary No. Up To Date Work Certified Per Request Amount Retained Per Request Amount Paid Per Request 1 05/31/2019 $296,572.10 $14,828.61 $281,743.49 2 06/21/2019 $346,996.06 $17,349.80 $329,646.26 3 08/02/2019 $780,648.56 $39,032.43 $741,616.13 4 08/30/2019 $296,232.45 $14,811.62 $281,420.83 5 09/30/2019 $103,128.82 $5,156.44 $97,972.38 6 11/04/2019 $209,766.65 $10,488.33 $199,278.32 7 12/31/2019 $54,404.31 -$70,351.00 $124,755.30 8 07/03/2020 $16,079.49 -$21,038.29 $37,117.78 9 10/02/2020 $6,344.27 -$9,777.94 $16,122.22 10/FI NAL 11/30/2020 $9,943.20 -$500.00 $10,443.20 Funding Category Name Work Certified to Date Less Amount Retained Less Previous Payments Amount Paid this Request Total Amount Paid to Date CITY OF LAUDERDALE $1,457,331.26 $0.00 $1,446,888.06 $10,443.20 $1,457,331.26 ST. PAUL REGIONAL WATER SERVICES $662,784.65 $0.00 $662,784.65 $0.00 $662,784.65 Stantec Page 3 of 8 Project No. 193804608 Payment Number: 10/FINAL Line Description Units Unit Price Contract Quantity Quantity This Request Amount This Request for Payment QuantityAmount To Date To Date PART 1: GENERAL 1 MOBILIZATION LS 112,851.40 1 0 0.00 1.0 112,851.40 2 TRAFFIC CONTROL LS 8,987.50 1 0 0.00 1.0 8,987.50 Totals for PART 1: GENERAL: $0.00 $121,838.90 PART 2: WATER MAIN 3 GRANULAR BACKFILL TO N 15.56 10400 0 $0.00 10,640.00 $165,558.40 4 SANITARY SEWER SERVICE RECONNECTION LF 45.81 415 0 $0.00 179.10 $8,204.57 5 SERVICE STOP BOX EA 306.73 9 0 $0.00 17.00 $5,214.41 6 BDOX ST SERVICE STOP EA 135.00 13 0 $0.00 0.00 $0.00 7 REPAIR VALVE BOX EA 350.00 2 0 $0.00 0.00 $0.00 8 ADJUST VALVE BOX EA 245.00 8 0 $0.00 3.00 $735.00 9 REPLACE VALVE BOX EA 590.18 2 0 $0.00 2.00 $1,180.36 10 WATER UTILITY HOLE EA CH 1,250.00 3 0 $0.00 0.00 $0.00 11 EXCAVATION FOR UTILITY OFFSET EA 1,500.00 1 0 $0.00 1.00 $1,500.00 12 2" INSULATION S Y 25.65 14 0 $0.00 149.60 $3,837.24 13 HYDRANT INSTALLATION EA 4,224.05 9 0 $0.00 9.00 $38,016.45 14 1" CORPORATION STOP EA 122.43 1 0 $0.00 3.00 $367.29 15 1" ORISEAL VALVE INSTALLATION EA 471.95 9 0 $0.00 33.00 $15,574.35 16 1.5" ORISEAL VALVE INSTALLATION EA 689.44 1 0 $0.00 0.00 $0.00 17 2" ORISEAL VALVE INSTALLATION (WASTING) EA 1,465.50 1 0 $0.00 0.00 $0.00 18 4" GATE VALVE INSTALLATION EA 1,145.72 1 0 $0.00 0.00 $0.00 19 6" GATE VALVE INSTALLATION EA 1,373.66 5 0 $0.00 6.00 $8,241.96 20 8" GATE VALVE INSTALLATION EA 1,822.81 17 0 $0.00 17 30,987.77 21 1" CP WATER SERVICE REPLACEMENT LF 28.89 115 0 $0.00 301 8,695.89 Stantec Page 4 of 8 Project No. 193804608 Payment Number: l0/FINAL Line Description its Unit Price Contract Quantity Quantity This Request Amount This Request for Payment Quantity To Date Amount To Date 22 1.5" CP WATER SERVICE REPLACEMENT LF 65.16 5 0 0.00 0 0.00 23 2" CP WATER SERVICE REPLACEMENT LF 69.20 10 0 0.00 0 0.00 24 6" DI WATER MAIN REPLACEMENT LF 58.32 70 0 0.00 120.5 7,027.56 25 8" DI WATER MAIN REPLACEMENT LF 78.63 3165 0 0.00 2845.4 223,733.80 26 8" HDPE (SDR 11) WATER MAIN - PIPE BURSTING LF 70.35 335 0 0.00 327 23,004.45 27 TELEVISE SANITARY SEWER SERVICE EA 752.50 3 0 0.00 3 2,257.50 28 TELEVISE STORM SEWER CROSSING EA 510.63 3 0 0.00 3 1,531.89 29 DUCTILE AND GREY IRON FITTINGS LB 6.83 1335 0 0.00 1818 12,416.94 Totals for PART 2: WATER MAIN: $0.00 $558,085.83 PART 3: SANITARY SEWER 30 ADJUST SANITARY SEWER CASTING EA 350.00 12 0 0.00 11 3,850.00 31 REMOVE AND REPLACE 4' DIA SANITARY SEWER MANHOLE EA 4,493.47 1 0 0.00 1 4,493.47 32 6" PVC SANITARY SEWER SERVICE PIPE LF 38.12 250 0 0.00 330.5 12,598.66 33 8" X 6" PVC WYE EA 1,292.41 5 0 0.00 10 12,924.10 34 CONNECT TO EXISTING SANITARY SEWER SERVICE EA 183.65 2 0 0.00 8 1,469.20 35 REMOVE AND REPLACE SANITARY MANHOLE CONE SECTION, CASTING AND RINGS EA 1,795.10 2 0 0.00. 2 3,590.20 Totals for PART 3: SANITARY SEWER: $0.00 $38,925.63 PART 4: STORM SEWER 36 ADJUST STORM SEWER CASTING EA 325.00 9 0 0.00 1 325.00 37 REMOVE AND REPLACE STORM SEWER CASTING AND RINGS EA 790.75 2 0 0.00 2 1,581.50 38 REMOVE STORM SEWER STRUCTURE EA 525.00 9 0 0.00 9 4,725.00 39 REMOVE AND REPLACE STORM SEWER STRUCTURE EA 2,610.24 1 0 0.00 1 2,610.24 Stantec Page 5 of 8 Project No. 193804608 Payment Number: l0/FINAL Line Description its Unit Price Contract Quantity Quantity This Request Amount This Request for Payment Quantity To Date Amount To Date 40 REMOVE STORM SEWER PIPE LF 11.50 300 0 0.00 192 2,208.00 41 CONNECT TO EXISTING STORM SEWER PIPE EA 650.00 4 0 0.00 4 2,600.00 42 CONNECT TO EXISTING STRUCTURE EA 850.00 1 0 0.00 0 0.00 43 12" RCP STORM SEWER LF 59.50 750 0 0.00 317 18,861.50 44 15" RCP STORM SEWER LF 58.11 660 0 0.00 674.5 39,195.20 45 18" RCP STORM SEWER LF 60.27 1020 0 0.00 1052.5 63,434,18 46 IMPROVED PIPE FOUNDATION LF 0.01 2430 0 0.00 0 0.00 47 27" CATCH BASIN EA 1,395.48 8 0 0.00 2 2,790.96 48 2'x3' CATCH BASIN EA 1,793.11 6 1 0 0.00 6 10,758.66 49 4' DIAMETER CATCH BASIN MANHOLE EA 2,516.98. 16 0 0.00 16 40,271.68 50 4' DIAMETER STORM SEWER MANHOLE EA 2,376.98 2 0 0.00 1 2,376.98 Totals for PART 4: STORM SEWER: $0.00 $191,738.89 PART 5: ROADWAY/ALLEY 51 SILT FENCE, MACHINE- SLICED LF 2.45 1400 0 0.00 1420 3,479.00 52 INLET PROTECTION EA 275.00 35 0 0.00 31 8,525.00 53 TEMPORARY ROCK CONSTRUCTION ENTRANCE TN 39.50 100 0 0.00 59.7 2,358.15 54 WATER FOR DUST CONTROL TG AL 28.00 125 0 0.00 0 0.00 55 TEMPORARY MAILBOXES LS 0.01 1 0 0.00 0 0.00 56 REMOVE TREE EA 333.25 15 0 0.00 19 6,331.75 57 CLEARING AND GRUBBING LS 3,440,00 1 0 0.00 1.15 3,956.00 58 TEMPORARY FENCE LF 3.50 525 0 0.00 125 437.50 59 SALVAGE AND REINSTALL CHAIN LINK FENCE LF 21.50 175 0 0.00 178.5 3,837.75 60 SALVAGE AND REINSTALL WOOD PRIVACY FENCE LF 37.63 325 0 0.00 287 10,799.81 Stantec Page 6 of 8 Project No. 193804608 Payment Number: 10/FINAL Line Description its Unit Price Contract Quantity Quantity This Request Amount This Request for Payment Quantity To Date Amount To Date 61 SALVAGE AND REINSTALL FENCE - OTHER LF 43.00 40 0 0.00 0 0.00 62 SALVAGE AND REINSTALL SIGN EA 182.75 30 0 0.00 19 3,472.25 63 STREET SWEEPER WITH PICKUP BROOM HR 145.00 50 0 0.00 157 22,765.00 64 REMOVE BITUMINOUS PAVEMENT 5 Y 1.26 11000 0 0.00 10265.5 12,934.53 65 CONCRETE PAVEMENT REPLACEMENT -SPECIAL SF 19.39 540 0 0.00 286 ' 5,545.54 66 MILL BITUMINOUS PAVEMENT - 2DEPTH SY 1.51 7400 0 0.00 8450 12,759.50 67 REMOVE BITUMINOUS DRIVEWAY SY 5.25 300 0 0.00 166 871.50 68 REMOVE CONCRETE DRIVEWAY OR APRON SY 7.50 I 400 0 0.00 678.5 5,088.75 69 REMOVE AND REPLACE CONCRETE CURB & GUTTER LF 32.12 400 0 0.00 654 21,006.48 70 SAWING BITUMINOUS PAVEMENT LF 4.75 350 0 0.00 120 570.00 71 REMOVE SIDEWALK SF 0.95 3000 0 0.00 2942.5 2,795.38 72 REMOVE CONCRETE CURB & GUTTER LF 2.65 700 0 0.00 700 1,855.00 73 COMMON EXCAVATION (P) CY 21.33 8800 0 0.00 9100 194,103.00 74 COMMON EXCAVATION - ALLEYS (P) CY 30.95 1500 0 0.00 680 21,046.00 75 SUBGRADE EXCAVATION CY 23.33 500 0 0.00 163.8 3,821.45 76 GEOTEXTILE FABRIC SY 1.98 13000 0 0.00 12539.00 24,827.22 77 SELECT GRANULAR BORROW (MODIFIED) TN 16.63 9200 0 0.00 9037.63 150,295.79 78 AGGREGATEGBASE, CLASS TN 17.69 7100 0 0.00 5631.26 99,616.99 79 BITUMINOUS MATERIAL FOR TACK COAT GA L 1.08 900 0 0.00 1140 1,231.20 80 BITUMINOUS TRAIL PATCHING SF 7.99 250 0 0.00 160 1,278.40 81 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TN 70.95 1900 0 0.00 1924.7 136,557.47 82 TYPE SP 9.5 WEARING COURSE MIXTURE FOR ALLEYS (2,B) TN 86.00 150 0 0.00 148.48 12,769.28 Stantec Page 7 of 8 Project No. 193804608 Payment Number: l0/FINAL Line Description its Unit Price Contract Quantity Quantity This Request Amount This Request for Payment Quantity To Date Amount To Date 83 TYPE SP 12.5 NONWEARING COURSE MIXTURE (2,B) TN 68.26 1600 0 0.00 1487.08 101,508.08 84 FULL DEPTH ROADWAY PATCHING SY 86.40 400 63 5,443.20 450 38,880.00 85 BITUMINOUS PAVEMENT PATCHING - ROSELAWN SY 53.75 400 0 0.00 0 0.00 86 B618 CONCRETE CURB & GUTTER LF 13.81 5300 0 0.00 5163 71,301.03 87 4" DRAINTILE LF 9.67 5200 0 0.00 5074 49,065.58 88 4" CONCRETE WALK SF 6.07 1750 0 0.00 1780 10,804.60 89 MODULAR BLOCK RETAINING WALL SF 31.71 300 0 0.00 300 9,513.00 90 TYPE SP 9.5 BITUMINOUS MIXTURE FOR DRIVEWAYS (2,B) TN 193.50 100 05 0.00 15 2,902.50 91 6" CONCRETE DRIVEWAY APRON SF 6.83 4000 0 0.00 3910.1 26,705.98 92 7" CONCRETE DRIVEWAY APRON SF 7.42 1200 0 0.00 3288.1 24,397.70 93 6" CONCRETE PEDESTRIAN CURB RAMP SF 10.48 260 0 0.00 105 1,100.40 94 TRUNCATED DOME SURFACE SF 64.50 20 0 0.00 26 1,677.00 95 SALVAGE HANDHOLE EA 989.00 2 0 0.00 2 1,978,00 96 INSTALL SALVAGED HANDHOLE EA 1,064.50 2 0 0.00 2 2,129.00 97 PREFORMED RIGID PVC CONDUIT LOOP DETECTOR 6' X 6' EA 1,612.50 3 0 0.00 3 4,837.50 98 PREFORMED RIGID PVC CONDUIT LOOP DETECTOR 12' X 12' EA 1,935.00 2 0 0.00 2 3,870.00 99 HANDHOLE EA 2,683.20 1 0 0.00 2 5,366.40 100 1.5" NON-METALLIC CONDUIT LF 13.55 80 0 0.00 80 1,084.00 101 DECIDUOUS&TREE 6' HT EA 376.25 15 0 0.00 5 1,881.25 102 TOPSOIL BORROW (LV) CY 30.10 1500 0 0.00 1,018 30,641.80 103 SOD SY 4.52 9000 0 0.00 6425 29,041.00 104 METAL FENCE LF 38.43 50 0 0.00 0 0.00 Stantec Page 8 of 8 Project No. 193804608 Payment Number: l0/FINAL Line Description Its Unit Price Contract Quantity Quantity This Request Amount This Request for Payment Quantity To Date Amount To Date 105 LANDSCAPE FUND LS 12,000.00 1 0.375 4,500 0.73 8,700.00 106 4" DOUBLE YELLOW LINE PAINT LF 0.49 4200 0 0.00 4,218 2,066.82 107 4" SOLID WHITE LINE - PAINT LF 0.25 8400 0 0.00 7,887 1,971.75 108 24" SOLID WHITE LINE - PAINT LF 8.06 50 0 0.00 393 3,167,58 Totals for PART 5: ROADWAY/ALLEY $9,943.20 $1,209,526.66 Contract Total $9,943.20 $2,120,115.91 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date December 8, 2020 ITEM NUMBER SafeAssure Contract STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Last year the City renewed its relationship with SafeAssure for safety training and manage- ment. Staff propose using SafeAssure again in 2021 at a cost of $1,222.47. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council enters into an agreement with SafeAssure as presented. WHAT SAFEASSURE will DO FOR The City of Lauderda R MAS © PA©NEV 6R0UP P IPOM (January 2021) le Page 1 0 The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarify written and training requirements. The required standards that apply to The City of Lauderdale are listed below: A.W.A.I.R. MN Statute 182.653 "An employer covered by this section must establish a written Work place Accident & Injuty program that promotes safe & healthful working conditions": BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. CONFINED SPACE 29 CFR 1910.146 If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & MN Statute 5207.0600 "Procedures shall be developed, documented & utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section" EMERGENCY ACTION PLAN 29 CFR 191035 THRU 38 "The emergency action plan shall be in writing and shall cover the designated actions employers & employees must take to insure employee safety from fire & other emergencies" ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 "Training required for each employee and their supervisors must address signs and symptoms of MSD's, MSD hazards and controls used to address MSD hazards.' EXCAVATIONS/TRENCHING 1926.651 (k)(1) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or practices not covered in an O. S. H.A. Standard may be covered under section 5(a)(1) of the act, which states: Each employer shall furnish to each of {their} employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to {their} employees." Page 11 HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 "Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees may include, but is not limited to, provision for: development & maintaining a written hazard communication program for the work place... " LOGGING OPERATIONS 1910.266 (i)(1) The employer shall provide training for each employee, including supervisors, at no cost to the employee. MOBILE EARTHMOVING EQUIPMENT MN RULES 5207.1000 Mobile earth -moving equipment operators and all other employees working on the ground exposed to mobile earth -moving equipment shall be trained in the safe work procedures pertaining to mobile earth- moving equipment and in the recognition of unsafe or hazardous conditions. OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8 -hour time weighted average of 85 decibels and shall ensure employee participation in such a program. OVERHEAD CRANES 1910.179(j)(3) Periodic inspection. Complete inspections of the crane shall be performed at intervals as generally defined in paragraph 0)(1)(10(b) of this section, depending upon its activity PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) 'Application. "Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 "Only trained and authorized operators shall be permitted to operate a powered industrial truck Methods shall be devised to train operators in the safe operation of Powered Industrial Trucks'. RESPIRATORY PROTECTION 29 CFR 1910.134 Written standard operating procedures governing the selection and use of respirators shall be established. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 "Each employer shall maintain in each establishment a log and summary of all occupational injuries and illnesses for that establishment Page2 In the interest of Quality Safety Management, it may be recommended that written procedures and documented employee training also be provided for the following Subparts when or if applicable during the Service Agreement year. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpart E - Means of Egress Subpart F - Powered Platforms, Man -lifts, and Vehicle -Mounted Work Platforms Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipment Subpart J - General Environmental Controls Subpart K - Medical and First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipment Subpart N - Materials Handling and Storage Subpart 0 - Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand -Held Equipment. Subpart Q - Welding, Cutting, and Brazing. Subpart S - Electrical Subpart Z - Toxic and Hazardous Substances 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpart J - Welding and Cutting Subpart K - Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart 0 - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z - Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) All training on the programs written by SafeAssure Consultants, Inc. will meet or exceed State and/or Federal OSHA requirements. Page 1 3 These programs/policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of The City of Lauderdale to obtain as required to comply with OSHA standards. Our Service Agreement year will begin on the signing of this Service Agreement. Classroom training will be provided as part of a group (schedule to be determined on start date) with the cities of Falcon Heights, Little Canada, and Vadnais Heights. All documents and classroom training produced by SafeAssure Consultants for The City of Lauderdale are for the sole and express use by The City of Lauderdale and its employees and not to be shared, copied, recorded, filmed or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. These changes or additions, when made during a Service Agreement year, will be made at no additional cost to The City of Lauderdale. All written programs/services that are produced by SafeAssure Consultants, Inc. are guaranteed to meet the requirements set forth by MNOSHA/OSHA. SafeAssure Consultants, Inc. will reimburse The City of Lauderdale should MNOSHA/OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure Consultants, Inc. SafeAssure Consultants, Inc. does not take responsibility for financial loss due to MNOSHA/OSHA fines that are unrelated to written programs mentioned above. If SafeAssure fails to perform any of the provisions of this Service Agreement or so fails to administer the work as to endanger the performance of the Service Agreement, such failure may constitute default. Unless the default is excused by the city, the city may, upon written notice to the SafeAssure, cancel this agreement in partial or entirety. As a "full-service client" all time spent consulting, answering questions, correspondence, and OSHA inspection assistance both on and off site are part of the Service Agreement services and are included (see also schedule within). Page 1 4 ADDENDUM SAFETY PROGRAM RECOMMENDATIONS The City of Lauderdale Written Programs & Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) • review/modify or write site specific program • documented training of all personnel • accident investigation • simulated OSHA inspection Bloodborne Pathogens • review/modify or write site specific program • documented training of all personnel Chainsaw/Tree Trimming • review/modify or write site specific program • documented training of all personnel Confined Space • review/modify or write site specific program • documented training of all personal Contractors Safety Program • review/modify or write site specific program • documented training of all personnel Cranes -Chains -Slings • review/modify or write site specific program • documented training of all personnel (inspections) Emergency Action Plan • review/modify or write site specific program • documented training of all personnel Employee Right to Know/Hazard Communication • review/modify or write site specific program • documented training of all personnel (general and specific training) • various labeling requirements • assist with installing and initiating MSDSonline data base program Ergonomics/Proper Lifting • review/modify or write site specific program • documented training of all personnel o job hazards -recognition o control steps o reporting o management leadership requirements o employee participation requirements Fleet Safety/Defensive Driving • review/modify or write site specific program • documented training of all personnel General Safety Requirements (other as required) • review/modify or write site specific program • documented training of all personnel Page 1 5 Hearing Conservation (Occupational Noise Exposure) • review/modify or write site specific program • documented training of all personnel • decibel testing and documentation Lock Out/Tag Out (Control of Hazardous Energy) • review/modify or write site specific program • documented training of all personnel Mobile Earthmoving Equipment • review/modify or write site specific program • documented training of all personal Personal Protective Equipment • review/modify or write site specific program • documented training of all personnel Powered Industrial Trucks/Forklifts • maintain site specific program • documented training of all personnel • testing and licensing Recordkeeping • review/modify or write site specific program • documented training of all personnel Respiratory Protection • review/modify or write site specific program • documented training of all personnel • Medical Questionnaire/Fit Tests Trenching/ Excavation • review/modify or write site specific program • documented training of all personnel Pagel 6 Service Agreement THIS AGREEMENT is made this first day of January between The City of Lauderdale, Lauderdale, Minnesota, herein referred to as The City of Lauderdale and SafeAssure Consultants, Inc. 200 S.W. Fourth Street, Willmar, Minnesota, herein referred to as SafeAssure. SafeAssure agrees to abide by all applicable federal and state laws including, but not limited to, OSHA regulations and local/state/national building codes. Additionally, SafeAssure will practice all reasonable and appropriate safety and loss control practices. SafeAssure agrees to provide, at the time of execution of this Service Agreement, The City of Lauderdale (upon request) with a current Certificate of Insurance with proper coverage lines and a minimum of $2,000,000.00 in insurance limits of general liability and statutory for workers' compensation insurance. SafeAssure is insured by "The Hartford" insurance companies. SafeAssure further agrees that The City of Lauderdale will not be held liable for any claims, injuries, or damages of whatever nature due to negligence, alleged negligence, acts or omissions of SafeAssure to third parties. SafeAssure expressly forever releases and discharges The City of Lauderdale, its agents, members, officers, employees, heirs and assigns from any such claims, injuries, or damages. SafeAssure will also agree to defend, indemnify and hold harmless The City of Lauderdale, its agents, members and heirs from any and all claims, injuries, or damages of whatever nature pursuant to the provisions of this agreement. SafeAssure and its employees is an independent contractor of The City of Lauderdale, and nothing in this agreement shall be considered to create the relationship of an employer/employee. In consideration of this signed Service Agreement, for the period of Twelve Months from the signing month, SafeAssure Consultants, Inc. agrees to provide The City of Lauderdale (within the group specified), the aforementioned features and services. These features and services include but are not limited to providing OSHA compliance recommendations/consultations, scheduled classroom - training sessions, unlimited online training, and writing and maintaining mandatory OSHA programs. These features and services will be prepared to meet the specific needs of The City of Lauderdale. ANNUAL SERVICE AGREEMENT (with group) SDS SERVICES (MSDS/SDS ON-LINE) $1,222.47 (included) TOTAL ANNUAL $ $1,222.47. IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if representing an organization or similar entity, further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. TWELVE MONTH SERVICE AGREEMENT X The City of Lauderdale X The City of Lauderdale X 120120 President-SafeAssure Date Page 17 Date Date LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date December 8, 2020 ITEM NUMBER STAFF INITIAL APPROVED BY ADMINISTRATOR YE Accounts Payable Auth. DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: As the Council holds one meeting in December, staff is requesting authorization to process accounts payable in late December referencing the Purchasing and Contracting Policy adopted on June 30, 2015. The policy provides for expenditures that are included in the budget and under $10,000 to be approved by the city administrator. Additionally, Minnesota Statutes 471.425, subdivision 2 states that 35 days from receipt of claim payment must be made for governing boards that meet at least once per month. If claims, are not paid promptly, the government entity must pay interest on bills not paid in a timely manner of 1.5% per month or part of a month. The lag between meetings means the 35 days could be exceeded. The listing of claims paid would be included in the January 12, 2021 council packet. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council authorizes accounts payable processing for year-end per limits established in the Purchasing and Contracting Policy. RESOLUTION NO. 120820B CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF COMMENDATION FOR COUNCIL MEMBER KELLY DOLPHIN WHEREAS, Council Member Dolphin served as a member of the City Council from 2017- 2020; and WHEREAS, Council Member Dolphin served as the City Council Liaison to the North Suburban Cable Commission; and WHEREAS, Counci Representative to t as the Suburb Coor.nating WHEREAS, Co the residents of ervice to erdale in these appointed and elected position NOW, THEREFORE Council Member Do public service to the city of Lauderdale; and ESOLVED, by the City Council of the city of e commended and thanked for her dedica , that ars of BE IT FURTHER RESOLVED, that the City Council wishes Council Member Dolphin success in her new endeavors. Adopted by the City Council of the city of Lauderdale, Minnesota this 8th day of December, 2020. (ATTEST) Mary Gaasch, Mayor Heather Butkowski, City Administrator (SEAL) LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution X Work Session Meeting Date December 8, 2020 ITEM NUMBER STAFF INITIAL 2021 Budget and Levy APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Included with this memo are the 2021 General Fund and Special Revenue Fund budgets and the 2021-2030 Capital Improvement Plan. These items will be formatted into a budget book that staff will distribute in a couple of weeks. State law requires that the Council hold a public hearing prior to adoption of the budget and levy. Prior to the public hearing, staff will provide a brief presentation on budget highlights and field any questions the Council might have. Staff's recommended actions are below. STAFF RECOMMENDATION: Motion to adopt Resolution 120820C Levy. Motion to adopt Resolution 120820D Establishing Fund Appropriations. A Resolution Adopting the 2021 Final Property Tax A Resolution Adopting the 2021 Final Budget and RESOLUTION NO. 120820C CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA ADOPTING THE 2021 FINAL PROPERTY TAX LEVY WHEREAS, the City annually adopts an operating levy for the coming year in accordance with Minnesota Statutes; and WHEREAS, Minnesota Statutes 275.065, Subdivision 1 requires cities to certify the final property tax levy to the county auditor on or before five working days after December 20. NOW, THEREFORE BE IT RESOLVED, that: Section 1: The final 2021 levy to be certified to the Ramsey County Auditor of $899,710, inclusive of anticipated fiscal disparities revenue, is hereby established as the maximum possible levy for property tax payable in 2021. Section 2: The City pledges $67,955.78 from Fund 414 Development to pay the 2020 GO Improvement 2019A debt levy and the debt levy amount is reduced to zero. Adopted by the City of Lauderdale this 8th day of December, 2020. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator RESOLUTION NO. 120820D CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA ADOPTING THE 2021 FINAL BUDGET AND ESTABLISHING FUND APPROPRIATIONS WHEREAS, the City Council has met specifically for the purpose of discussion on the 2021 budget; and WHEREAS, estimated December 31, 2020, fund balances are sufficient to meet approved expenditures for fiscal year 2020. NOW, THEREFORE BE IT RESOLVED, Section 1. That the City of Lauderdale 2021 budget is hereby approved in accordance with State Statute as follows: General $1,508,349 Special Revenue $ 83,025 Debt Service $ 146,728 Section 2. That the following financial plan for fiscal year 2021 is hereby approved for expenditures in each of the funds as follows: Capital Projects $ 110,456 Enterprise $ 579,536 Section 3. Maximum appropriations may be increased if and when additional revenues are anticipated or received. Adopted by the City of Lauderdale this 8th day of December, 2020. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator CITY OF LAUDERDALE BUDGET 2021 Adopted December 8, 2020 CITY OF LAUDERDALE ANNUAL BUDGET FOR FISCAL YEAR BEGINNING JANUARY 1, 2021 DIRECTORY OF OFFICIALS Mary Gaasch Mayor Jeff Dains Councilmember Roxanne Grove Councilmember Andi Moffatt Councilmember Duane Pulford Councilmember Heather Butkowski, City Administrator Jim Bownik, Assistant to the City Administrator Miles Cline, Deputy City Clerk -Treasurer David Hinrichs, Public Works Coordinator Gordy Beck, Public Works Maintenance GENERAL FUND The GENERAL FUND accounts for all revenues and expenditures of a governmental unit which are not accounted for in other funds. It is usually the largest and most important accounting activity for state and local governments, normally receiving a greater variety and number of taxes and revenues than any other fund. Specifically, it receives such revenues as general property taxes, licenses and permits, fines and penalties, rents, charges for current services, state grants and aids, and interest earnings. In turn, the GENERAL FUND also finances a larger range of activities than any other fund. Charges for Services 0.7% Intergovernmental Revenue 34.9% Revenues CITY OF LAUDERDALE 2021 BUDGET REVENUES Fines & Forfeits 1.8%. Miscellaneous Revenue 0.5% Permits & Licenses 2.5% Taxes $ 899,710 Permits & Licenses $ 37,750 Intergovernmental Revenue $ 525,789 Charges for Services $ 10,600 Fines & Forfeits $ 27,000 Miscellaneous Revenue $ 7,500 Taxes 59.6% CITY OF LAUDERDALE GENERAL FUND REVENUES 2021 2019 2020 2021 Account Number Account Description Actual Adopted Proposed 101-00000-410-31010 CURRENT AD VALOREM TAXES $ 667,521 $ 707,094 $ 753,385 101-00000-410-31020 DELINQUENT AD VALOREM TAXES $ 5,322 $ $ 101-00000-410-31400 FISCAL DISPARITIES $ 139,873 $ 138,520 $ 146,325 101-00000-410-31055 EXCESS TAX INCREMENT $ - $ $ - 101-00000-410-31900 PENALTIES AND INTEREST TAXES $ 363 $ - $ - TAXES $ 813,080 $ 845,614 $ 899,710 101-00000-410-32110 LIQUOR LICENSES $ 150 $ 150 $ 150 101-00000-410-32180 TOBACCO LICENSES $ 600 $ 400 $ 400 101-00000-410-32190 OTHER BUSINESS LICENSES $ 2,350 $ 2,000 $ 2,000 101-00000-410-32192 HVAC CONTRACTOR LICENSES $ 1,150 $ 1,500 $ 1,100 101-00000-410-32240 ANIMAL LICENSES $ 86 $ 100 $ 100 101-00000-420-32210 BUILDING PERMITS $ 24,420 $ 25,000 $ 24,000 101-00000-420-32230 PLUMBING & HEATING PERMITS $ 4,941 $ 8,000 $ 5,000 101-00000-420-32270 RENTAL HOUSING LICENSES $ 9,078 $ 3,500 $ 5,000 101-00000-430-32261 EXCAVATING PERMITS $ - $ $ - PERMITS & LICENSES $ 42,774 $ 40,650 $ 37,750 101-00000-410-33401 LOCAL GOVERNMENT AID $ 539,622 $ 547,872 $ 524,591 101-00000-410-33422 OTHER STATE GRANTS & AIDS $ 1,198 $ 1,198 $ 1,198 101-00000-410-33423 OTHER GRANTS & AIDS $ - $ $ - INTERGOVERNMENTAL REVENUE $ 540,820 $ 549,070 $ 525,789 101-00000-410-34101 CITY HALL RENT $ 3,886 $ 4,750 $ 1,000 101-00000-410-34103 ZONING & SUBDIVISION FEES $ 1,750 $ 1,000 $ 1,500 101-00000-420-34104 PLAN REVIEW FEES $ 9,193 $ 5,000 $ 7,500 101-00000-410-34105 SALE OF MAPS & PUBLICATIONS $ 29 $ - $ 101-00000-410-34108 ADMINISTRATIVE FEES $ 437 $ - $ 101-00000-420-34202 SPECIAL FIRE PROTECTION SERVICES $ 1,210 $ 1,000 $ 101-00000-420-34206 MOWING & GARBAGE CLEANUP $ - $ - $ - 101-00000-430-34303 SNOW REMOVAL CHARGES $ - $ - $ 101-00000-450-34780 PARK SHELTER FEES $ 250 $ 200 $ 200 101-00000-450-34920 MERCHANDISE SALES $ 450 $ 400 $ 400 CHARGES FOR SERVICES $ 17,205 $ 12,350 $ 10,600 2019 2020 2020 Account Number Account Description Actual Adopted Proposed 101-00000-420-35101 COURT FINES & ADMINISTRATIVE PENALTIES $ 29,977 $ 27,000 $ 27,000 101-00000-420-35200 FORFEITED & SEIZED ASSETS $ - $ $ - FINES & FORFEITS $ 29,977 $ 27,000 $ 27,000 101-00000-410-36101 SPECIAL ASSESSMENTS - COUNTY $ 2,303 $ $ 101-00000-410-36102 PENALTIES & INTEREST $ $ - $ 101-00000-410-36200 OTHER MISCELLEANOUS REVENUE $ 1,378 $ $ - 101-00000-410-36210 INTEREST ON INVESTMENTS $ 30,294 $ 6,000 $ 6,000 101-00000-410-36215 OTHER FEES (CREDIT CARD) $ 370 $ 500 $ 500 101-00000-410-36230 CONTRIBUTIONS & DONATIONS (NON COMM E\ $ - $ $ - 101-00000-450-36230 CONTRIBUTIONS & DONATIONS (COMM EVENT $ 2,159 $ 2,500 $ - 101-00000-420-36260 SURCHARGES COLLECTED $ 1,246 $ 1,000 $ 1,000 MISCELLANEOUS REVENUE $ 37,750 $ 10,000 $ 7,500 101-00000-410-39101 SALE OF CAPITAL ASSETS $ - $ - $ 101-00000-410-39200 TRANSFER IN $ - $ $ OTHER SOURCES $ - $ $ TOTAL GENERAL FUND REVENUE $ 1,481,605 $ 1,484,684 $ 1,508,349 REVENUES OVER/UNDER EXPENDITURES $ - $ - $ FUND BALANCE - January 1 $ 735,673 $ 780,967 $ 780,967 FUND BALANCE - December 31 $ 780,967 $ 780,967 $ 780,967 CITY OF LAUDERDALE 2021 BUDGET EXPENDITURES Economic Development & Transfers O.39'6ontingency 0.5% Parks & Recreation 6.1% Public Works 7.1% Public Safety 60.5% Expenditures Legislative $ 23,853 City Administration $ 242,709 Elections $ 19,035 Public Safety $ 861,021 Legal $ 31,000 General Government Buildings $ 31,600 Public Works $ 101,487 Planning, Zoning, Inspections $ 36,107 Street Lighting $ 6,000 Building Inspections $ 51,418 Parks & Recreation $ 92,119 Contingency $ 8,000 Transfer $ - General Government 25.5% CITY OF LAUDERDALE GENERAL FUND EXPENSE SUMMARY 2021 2019 2020 2021 Department Number Title Actual Adopted Proposed 41110 LEGISLATIVE $ 26,280 $ 26,423 $ 23,853 41320 CITY ADMINISTRATION $ 233,714 $ 235,810 $ 242,709 41410 ELECTIONS $ 18,062 $ 24,930 $ 19,035 41610 LEGAL $ 30,523 $ 28,500 $ 31,000 41910 PLANNING $ 32,929 $ 37,427 $ 36,107 41940 GENERAL GOVERNMENT BUILDINGS $ 29,121 $ 34,400 $ 31,600 GENERAL GOVERNMENT $ 370,628 $ 387,490 $ 384,304 42100 PUBLIC SAFETY $ 771,270 $ 796,463 $ 861,021 42400 BUILDING INSPECTIONS $ 51,389 $ 50,082 $ 51,418 PUBLIC SAFETY $ 822,659 $ 846,545 $ 912,439 43121 PUBLIC WORKS $ 105,393 $ 100,148 $ 101,487 43160 STREET LIGHTING $ 6,124 $ 6,000 $ 6,000 PUBLIC WORKS $ 111,518 $ 106,148 $ 107,487 45200 PARKS & RECREATION $ 92,865 $ 93,501 $ 92,119 46500 ECONOMIC DEVELOPMENT $ 1,225 $ 5,000 $ 4,000 49200 MISCELLANEOUS UNALLOCATED EXPENSES $ - $ 8,000 $ 8,000 49300 OTHER FINANCING USES $ 38,000 $ 38,000 $ - OTHER $ 132,090 $ 144,501 $ 104,119 TOTAL EXPENDITURES $ 1,436,895 $ 1,484,684 $ 1,508,349 CITY OF LAUDERDALE LEGISLATIVE 2021 2019 2020 2021 Account Number Account Description Actual Adopted Proposed 101-41110-410-41030 PART TIME EMPLOYEES $ 16,500 $ 16,500 $ 16,500 101-41110-410-41220 FICA $ 1,023 $ 1,023 $ 1,023 101-41110-410-41225 MEDICARE $ 240 $ 239 $ 239 101-41110-410-41510 WORKERS COMPENSATION INSURANCE $ 44 $ 41 $ 41 PERSONNEL $ 17,806 $ 17,803 $ 17,803 101-41110-410-42010 OFFICE SUPPLIES $ $ - $ 101-41110-410-42110 GENERAL SUPPLIES $ - $ 50 $ 50 101-41110-410-42115 MEETINGS $ $ 200 $ 200 101-41110-410-42410 MINOR TOOLS & EQUIPMENT $ - $ - $ SUPPLIES $ $ 250 $ 250 101-41110-410-43140 TRAINING & EDUCATION $ 1,810 $ 2,000 $ 500 101-41110-410-43310 TRAVEL EXPENSE $ 1,974 $ 1,300 $ 500 101-41110-410-43510 LEGAL NOTICES & PUBLISHING $ 475 $ 500 $ 500 101-41110-410-43610 INSURANCE & BONDS $ 122 $ 270 $ 200 101-41110-410-44330 DUES & SUBSCRIPTIONS $ 4,092 $ 4,300 $ 4,100 OTHER SERVICES & CHARGES $ 8,474 $ 8,370 $ 5,800 101-41110-410-45700 OFFICE FURNITURE & EQUIPMENT $ - $ $ - CAPITAL OUTLAY $ $ $ TOTAL EXPENDITURES $ 26,280 $ 26,423 $ 23,853 NOTES: Dues include Metro Cities, League of Minnesota Cities, Mayor's Association and Suburban Rate Authority CITY OF LAUDERDALE CITY ADMINISTRATION 2021 Account Number 101-41320-410-41010 101-41320-410-41020 101-41320-410-41040 101-41320-410-41210 101-41320-410-41220 101-41320-410-41225 101-41320-410-41250 101-41320-410-41310 101-41320-410-41320 101-41320-410-41330 101-41320-410-41340 101-41320-410-41420 101-41320-410-41510 101-41320-410-42010 101-41320-410-42020 101-41320-410-42030 101-41320-410-42110 101-41320-410-42115 101-41320-410-42410 101-41320-410-42420 101-41320-410-43030 101-41320-410-43090 101-41320-410-43140 101-41320-410-43220 101-41320-410-43250 101-41320-410-43310 101-41320-410-43510 101-41320-410-43610 101-41320-410-44040 101-41320-410-44160 101-41320-410-44325 101-41320-410-44330 101-41320-410-44370 101-41320-410-45700 TOTAL EXPENDITURES Account Description FULL TIME EMPLOYEES OVERTIME TEMPORARY EMPLOYEES PERA FICA MEDICARE DEFERRED COMPENSATION HEALTH INSURANCE DENTAL INSURANCE LIFE INSURANCE DISABILITY INSURANCE UNEMPLOYMENT WORKERS COMPENSATION INSURANCE PERSONNEL OFFICE SUPPLIES COMPUTER SUPPLIES PRINTED FORMS GENERAL SUPPLIES MEETINGS MINOR EQUIPMENT & TOOLS MINOR COMPUTER EQUIPMENT SUPPLIES AUDITING & ACCOUNTING SERVICES EXPERT & PROFESSIONAL SERVICES (IT) TRAINING & EDUCATION POSTAGE OTHER COMMUNICATIONS TRAVEL EXPENSE LEGAL NOTICES & PUBLISHING INSURANCE & BONDS VEHICLE/EQUIPMENT REPAIRS RENTS & LEASES BANK FEES & CHARGES DUES & SUBSCRIPTIONS MISCELLANEOUS CHARGES OTHER SERVICES & CHARGES OFFICE EQUIPMENT & FURNITURE CAPITAL OUTLAY 2019 2020 Actual Adopted $ 129,019 $ 133,017 $ $ - $ - $ $ $ - $ $ 9,637 $ 9,976 $ $ 8,163 $ 8,247 $ $ 1,909 $ 1,929 $ $ 2,006 $ 1,700 $ $ 18,161 $ 17,417 $ $ 395 $ 350 $ $ 840 $ 860 $ $ 636 $ 800 $ $ $ - $ $ 1,086 $ 1,064 $ $ 171,852 $ 175,360 $ $ 592 $ 700 $ $ $ 650 $ $ 3,034 $ 2,500 $ $ - $ 700 $ $ 37 $ $ $ - $ - $ $ 3,876 $ 500 $ $ 7,539 $ 5,050 $ 2021 Proposed 137,008 10,276 8,494 1,987 2,000 18,100 400 850 650 1,096 180,861 700 650 3,100 400 $ 18,384 $ 14,000 $ $ 17,881 $ 20,000 $ $ 670 $ 1,700 $ $ 2,010 $ 2,000 $ $ - $ $ $ 1,512 $ 1,500 $ $ 402 $ 800 $ $ 1,572 $ 3,200 $ $ - $ - $ $ 2,962 $ 2,800 $ $ 1,666 $ 2,400 $ $ 6,245 $ 5,700 $ $ 1,018 $ 1,300 $ $ 54,323 $ 55,400 $ 1,000 5,850 18,500 19,598 1,000 2,000 500 500 1,700 3,000 1,900 6,200 1,100 55,998 $ 233,714 $ 235,810 $ 242,709 NOTES Dues includes MCFOA, MAMA, MN GFOA, IMCA, MCMA, Press, Notary, RC GIS CITY OF LAUDERDALE ELECTIONS 2021 2019 2020 2021 Account Number Account Description Actual Adopted Proposed 101-41410-410-41010 FULL TIME EMPLOYEES $ 11,450 $ 11,891 $ 12,248 101-41410-410-41040 TEMPORARY EMPLOYEES $ - $ 5,000 $ 101-41410-410-41210 PERA $ 855 $ 892 $ 919 101-41410-410-41220 FICA $ 724 $ 737 $ 759 101-41410-410-41225 MEDICARE $ 169 $ 172 $ 178 101-41410-410-41250 DEFERRED COMPENSATION $ 211 $ 160 $ 200 101-41410-410-41310 HEALTH INSURANCE $ 1,693 $ 1,700 $ 1,758 101-41410-410-41320 DENTAL INSURANCE $ 46 $ 50 $ 50 101-41410-410-41330 LIFE INSURANCE $ 55 $ 60 $ 60 101-41410-410-41340 DISABILITY INSURANCE $ 59 $ 73 $ 65 101-41410-410-41510 WORKERS COMPENSATION INSURANCE $ 96 $ 95 $ 98 PERSONNEL $ 15,359 $ 20,830 $ 16,335 101-41410-410-42010 OFFICE SUPPLIES $ $ 100 $ 100 101-41410-410-42110 GENERAL SUPPLIES $ 45 $ 500 $ 100 101-41410-410-42410 MINOR EQUIPMENT & TOOLS $ 2,658 $ 2,500 $ 2,500 SUPPLIES $ 2,703 $ 3,100 $ 2,700 101-41410-410-43510 LEGAL NOTICES PUBLISHING $ - $ 1,000 $ 101-41410-410-44370 MISCELLANEOUS CHARGES (AB VOTING) $ $ - $ OTHER SERVICES & CHARGES $ - $ 1,000 $ 101-41410-410-45700 OFFICE EQUIPMENT & FURNITURE CAPITAL OUTLAY $ $ $ TOTAL EXPENDITURES $ 18,062 $ 24,930 $ 19,035 CITY OF LAUDERDALE LEGAL 2021 Account Number 101-41610-410-43040 101-41610-410-43045 TOTAL EXPENDITURES Account Description LEGAL SERVICES - CIVIL PROCESS LEGAL SERVICES - PROSECUTION OTHER SERVICES & CHARGES 2019 Actual $ 19,276 $ 11,247 $ 30,523 $ 30,523 2020 Adopted $ 17,000 $ 11,500 $ 28,500 $ $ $ 2021 Proposed 19,000 12,000 31,000 $ 28,500 $ 31,000 CITY OF LAUDERDALE PLANNING, ZONING & INSPECTIONS 2021 Account Number 101-41910-410-41010 101-41910-410-41210 100-41910-410-41220 101-41910-410-41225 101-41910-410-41250 101-41910-410-41310 101-41910-410-41320 101-41910-410-41330 101-41910-410-41340 101-41910-410-41510 101-41910-410-42010 101-41910-410-42030 101-41910-410-42110 101-41910-410-43090 101-41910-410-43140 101-41910-410-43220 101-41910-410-43610 101-41910-410-44330 TOTAL EXPENDITURES Account Description FULL TIME EMPLOYEES PERA FICA MEDICARE DEFERRED COMPENSATION HEALTH INSURANCE DENTAL INSURANCE LIFE INSURANCE DISABILITIY INSURANCE WORKERS COMPENSATION INSURANCE PERSONNEL OFFICE SUPPLIES PRINTED FORMS GENERAL SUPPLIES SUPPLIES EXPERT & PROFESSIONAL SERVICES TRAINING & EDUCATION POSTAGE INSURANCE & BONDS DUES AND SUBSCRIPTIONS OTHER SERVICES & CHARGES 2019 2020 2021 Actual Adopted Proposed 15,753 $ 16,108 $ 16,591 1,173 $ 1,208 $ 1,244 996 $ 999 $ 1,029 233 $ 234 $ 241 242 $ 200 $ 225 2,394 $ 2,234 $ 2,379 70 $ 100 $ 80 107 $ 90 $ 110 76 $ 100 $ 50 132 $ 129 $ 133 21,176 $ 21,402 $ 22,082 11,347 $ 15,000 14 $ 450 173 $ 425 219 $ 150 11,753 $ 16,025 32,929 $ 37,427 $ 13,000 $ 450 $ 425 $ 150 $ 14,025 $ 36,107 CITY OF LAUDERDALE GENERAL GOVERNMENT BUILDINGS 2021 Account Number 101-41940-410-42110 101-41940-410-42230 101-41940-410-42410 101-41940-410-43090 101-41940-410-43210 101-41940-410-43250 101-41940-410-43610 101-41940-410-43810 101-41940-410-43820 101-41940-410-43830 101-41940-410-43840 101-41940-410-43850 101-41940-410-44010 101-41940-410-44040 101-41940-410-44160 101-41940-410-45700 TOTAL EXPENDITURES Account Description GENERAL SUPPLIES BUILDING REPAIR SUPPLIES MINOR EQUIPMENT & TOOLS SUPPLIES EXPERT & PROFESSIONAL SERVICES TELEPHONE & TELEGRAPH OTHER COMMUNICATIONS (INTERNET) INSURANCE & BONDS ELECTRIC UTILITIES WATER UTILITIES GAS UTILITIES REFUSE DISPOSAL SEWER UTILITIES BUILDING MAINTENANCE VEHICLE/EQUIPMENT REPAIRS RENTS & LEASES OTHER SERVICES & CHARGES OFFICE FURNITURE & EQUIPMENT CAPITAL OUTLAY 2019 Actual - $ 2,014 $ 5,849 $ 8,182 $ 2,472 $ 46 $ 2,784 $ 5,981 $ $ 665 $ $ - $ 2020 Adopted 2021 Proposed 1,500 $ 1,200 - $ - - $ - 1,500 $ 1,200 - $ 2,300 $ 2,200 6,000 $ 6,000 6,500 $ 8,500 4,400 $ 3,000 900 $ 500 3,000 $ 3,000 6,300 $ 6,200 - $ 3,500 $ 1,000 - $ 27,992 $ 32,900 $ 30,400 $ $ $ $ 29,121 $ 34,400 $ 31,600 CITY OF LAUDERDALE PUBLIC SAFETY 2021 2019 2020 2021 Account Number Account Description Actual Adopted Proposed 101-42100-420-43100 DISPATCH $ 15,670 $ 15,192 $ 12,350 101-42100-420-43110 POLICE CONTRACT $ 713,204 $ 747,071 $ 773,471 101-42100-420-44370 MISCELLANEOUS CHARGES $ 189 $ 200 $ 200 101-42220-420-43120 FIRE CONTRACT $ 21,458 $ 21,000 $ 75,000 101-42220-420-43125 FIRE CALLS & INSPECTIONS $ 20,749 $ 13,000 $ - 101-42200-420-44370 MISCELLANEOUS CHARGES $ - $ - $ OTHER SERVICES & CHARGES $ 771,270 $ 796,463 $ 861,021 101-42220-420-45400 MACHINERY & EQUIPMENT $ - $ $ CAPITAL OUTLAY $ - $ $ TOTAL EXPENDITURES $ 771,270 $ 796,463 $ 861,021 CITY OF LAUDERDALE BUILDING INSPECTIONS 2021 2019 2020 2021 Account Number Account Description Actual Adopted Proposed 101-42400-420-41010 FULL TIME EMPLOYEES $ 32,903 $ 33,828 $ 34,678 101-42400-420-42010 OVERTIME $ 233 $ - $ 101-42400-420-41210 PERA $ 2,478 $ 1,801 $ 1,843 101-42400-420-41220 FICA $ 2,301 $ 1,489 $ 1,523 101-42400-420-41225 MEDICARE $ 538 $ 348 $ 356 101-42400-420-41250 DEFERRED COMPENSATION $ 2,855 $ 2,448 $ 3,000 101-42400-420-41310 HEALTH INSURANCE $ 1,836 $ 2,000 $ 1,878 101-42400-420-41320 DENTAL INSURANCE $ 186 $ 200 $ 185 101-42400-420-41330 LIFE INSURANCE $ 510 $ 600 $ 510 101-42400-420-41340 DISABILITY INSURANCE $ 111 $ 200 $ 115 101-42400-420-41510 WORKERS COMPENSATION INSURANCE $ 1,129 $ 1,068 $ 1,130 PERSONNEL $ 45,079 $ 43,982 $ 45,218 101-42400-420-42030 PRINTED FORMS $ - $ - $ 101-42400-420-42110 GENERAL SUPPLIES $ $ $ SUPPLIES $ $ - $ 101-42400-420-43090 EXPERT & PROFESSIONAL SERVICES $ 2,119 $ 3,000 $ 2,500 101-42400-420-43140 TRAINING & EDUCATION $ 1,300 $ 600 $ 1,000 101-42400-420-43220 POSTAGE $ 371 $ 300 $ 350 101-42400-420-43310 TRAVEL EXPENSES $ $ - $ 101-42400-420-43510 LEGAL NOTICES PUBLISHING $ - $ - $ 101-42400-420-43610 INSURANCE & BONDS $ 231 $ 350 $ 250 101-42400-420-44330 DUES & SUBSCRIPTIONS $ - $ 100 $ 100 101-42400-420-44370 MISCELLANEOUS CHARGES $ 1,320 $ 750 $ 1,000 101-42400-420-44380 BUILDING PERMIT SURCHARGES $ 969 $ 1,000 $ 1,000 OTHER SERVICES & CHARGES $ 6,311 $ 6,100 $ 6,200 TOTAL EXPENDITURES $ 51,389 $ 50,082 $ 51,418 CITY OF LAUDERDALE PUBLIC WORKS 2021 2019 2020 2021 Account Number Account Description Actual Adopted Proposed 101-43121-430-41010 FULL TIME EMPLOYEES $ 36,867 $ 35,817 $ 37,002 101-43121-430-41020 OVERTIME $ 839 $ - $ - 101-43121-430-41040 TEMPORARY EMPLOYEES $ $ 6,000 $ 6,000 101-43121-430-41210 PERA $ 2,670 $ 3,136 $ 3,225 101-43121-430-41220 FICA $ 2,754 $ 2,593 $ 2,666 101-43131-430-41225 MEDICARE $ 644 $ 606 $ 624 101-43121-430-41250 DEFERRED COMPENSATION $ 5,235 $ 5,300 $ 5,195 101-43121-430-41310 HEALTH INSURANCE $ 499 $ 125 $ 500 101-43121-430-41320 DENTAL INSURANCE $ 93 $ 125 $ 94 101-43121-430-41330 LIFE INSURANCE $ 458 $ 379 $ 460 101-43121-430-41340 DISABILITY INSURANCE $ 149 $ 200 $ 150 101-43121-430-41510 WORKERS COMPENSATION INSURANCE $ 1,809 $ 1,867 $ 1,921 PERSONNEL $ 52,016 $ 56,148 $ 57,837 101-43121-430-42110 GENERAL SUPPLIES $ 821 $ 1,500 $ 1,000 101-43121-430-42120 MOTOR FUELS $ 3,169 $ 3,500 $ 3,100 101-43121-430-42130 LUBRICANTS & ADDITIVES $ $ 100 $ 100 101-43121-430-42160 CHEMICALS & CHEMICAL PRODUCTS $ $ - $ 101-43121-430-42170 SAFETY EQUIPMENT $ $ $ 101-43121-430-42210 VEHICLE/EQUIPMENT PARTS $ 428 $ 500 $ 500 101-43121-430-42220 TIRES $ $ $ 101-43121-430-42240 STREET MAINTENANCE MATERIALS $ 191 $ - $ 101-43121-430-42410 MINOR EQUIPMENT & TOOLS $ $ 500 $ 500 101-43121-430-42420 MINOR COMPUTER EQUIPMENT $ - $ 750 $ SUPPLIES $ 4,610 $ 6,850 $ 5,200 101-43121-430-43030 ENGINEERING $ 14,892 $ 7,200 $ 5,000 101-43121-430-43090 EXPERT & PROFESSIONAL SERVICES (SNOW) $ 22,845 $ 17,000 $ 20,000 101-43121-430-43095 TREE TRIMMING AND REMOVAL $ 8,025 $ 9,000 $ 10,000 101-43121-430-43140 TRAINING & EDUCATION $ 430 $ 500 $ 500 101-43121-430-43210 TELEPHONE & TELEGRAPH $ $ $ - 101-43121-430-43310 TRAVEL EXPENSE $ - $ $ - 101-43121-430-43610 INSURANCE & BONDS $ 784 $ 1,400 $ 900 101-43121-430-44010 BUILDING MAINTENANCE $ $ $ - 101-43121-430-44040 VEHICLE/EQUIPMENT REPAIRS $ 1,793 $ 2,000 $ 2,000 101-43121-430-44160 RENTS & LEASES $ - $ $ - 101-43121-430-44330 DUES & SUBSCRIPTIONS $ - $ $ - 101-43121-430-44390 TAXES & LICENSES $ - $ 50 $ 50 OTHER SERVICES & CHARGES $ 48,768 $ 37,150 $ 38,450 101-43121-430-45400 MACHINERY & EQUIPMENT CAPITAL OUTLAY TOTAL EXPENDITURES $ 105,393 $ 100,148 $ 101,487 CITY OF LAUDERDALE STREET LIGHTING 2021 Account Number 101-43160-430-43810 101-43160-430-44040 Account Description ELECTRIC UTILITIES VEHICLE/EQUIPMENT REPAIRS OTHER SERVICES & CHARGES 2019 2020 2021 Actual Adopted Proposed $ 6,124 $ 6,000 $ 6,000 $ $ $ $ 6,124 $ 6,000 $ 6,000 TOTAL EXPENDITURES $ 6,124 $ 6,000 $ 6,000 CITY OF LAUDERDALE PARKS & RECREATION 2021 2019 2020 2021 Account Number Account Description Actual Adopted Proposed 101-45200-450-41010 FULL TIME EMPLOYEES $ 52,457 $ 50,419 $ 52,157 101-45200-450-41020 OVERTIME $ 1,102 $ - $ 101-45200-450-41040 TEMPORARY EMPLOYEES $ 7,665 $ 12,000 $ 12,000 101-45200-450-41210 PERA $ 3,717 $ 4,231 $ 4,362 101-45200-450-41220 FICA $ 4,119 $ 3,870 $ 3,978 101-45200-450-41225 MEDICARE $ 963 $ 905 $ 930 101-45200-450-41250 DEFERRED COMPENSATION $ 5,204 $ 5,600 $ 5,250 101-45200-450-41310 HEALTH INSURANCE $ 3,879 $ 3,009 $ 3,900 101-45200-450-41320 DENTAL INSURANCE $ 186 $ 200 $ 187 101-45200-450-41330 LIFE INSURANCE $ 366 $ 400 $ 367 101-45200-450-41340 DISABILITY INSURANCE $ 247 $ 325 $ 250 101-45200-450-41420 UNEMPLOYMENT $ $ $ 101-45200-450-41510 WORKERS COMPENSATION INSURANCE $ 1,654 $ 1,542 $ 1,588 PERSONNEL $ 81,559 $ 82,501 $ 84,969 101-45200-450-42030 PRINTED FORMS $ - $ - $ 101-45200-450-42110 GENERAL SUPPLIES $ 1,029 $ 600 $ 1,000 101-45200-450-42115 MEETINGS $ - $ $ - 101-45200-450-42120 MOTOR FUELS $ - $ $ - 101-45200-450-42160 CHEMICALS & CHEMICAL PRODUCTS $ - $ - $ - 101-45200-450-42210 VEHICLE/EQUIPMENT PARTS $ - $ $ - 101-45200-450-42220 TIRES $ - $ - $ - 101-45200-450-42230 BUILDING REPAIR SUPPLIES $ $ $ - 101-45200-450-42410 MINOR EQUIPMENT & TOOLS $ - $ - $ - SUPPLIES $ 1,029 $ 600 $ 1,000 101-45200-450-43090 EXPERT & PROFESSIONAL SERVICES $ 470 $ - $ - 101-45200-450-43130 COMMUNITY EVENTS $ 4,049 $ 3,500 $ 500 101-45200-450-43140 TRAINING & EDUCATION $ - $ - $ 101-45200-450-43210 TELEPHONE & TELEGRAPH $ $ - $ 101-45200-450-43310 TRAVEL EXPENSE $ - $ $ - 101-45200-450-43610 INSURANCE & BONDS $ 432 $ 800 $ 500 101-45200-450-43810 ELECTRIC UTILITIES $ 497 $ 600 $ 550 101-45200-450-43820 WATER UTILITIES $ 765 $ 500 $ 800 101-45200-450-43830 GAS UTILITIES $ 497 $ 700 $ 600 101-45200-450-43840 REFUSE DISPOSAL $ $ $ 101-45200-450-44010 BUILDING MAINTENANCE $ - $ $ - 101-45200-450-44040 VEHICLE/EQUIPMENT MAINTENANCE $ - $ $ - 101-45200-450-44160 RENTS & LEASES (PORTABLE RESTROOM) $ 1,643 $ 1,800 $ 1,700 101-45200-450-44382 RECREATION PROGRAMS $ 1,924 $ 2,500 $ 1,500 OTHER SERVICES & CHARGES $ 10,277 $ 10,400 $ 6,150 101-45200-450-45200 BUILDING & IMPROVEMENTS CAPITAL OUTLAY TOTAL EXPENDITURES $ 92,865 $ 93,501 $ 92,119 CITY OF LAUDERDALE ECONOMIC DEVELOPMENT 2021 2019 2020 2021 Account Number Account Description Actual Adopted Proposed 101-46500-462-43090 CONSULTING FEES $ 1,225 $ 5,000 $ 4,000 101-46500-462-44370 MISCELLANEOUS $ - $ $ - OTHER SERVICES & CHARGES $ 1,225 $ 5,000 $ 4,000 TOTAL EXPENDITURES $ 1,225 $ 5,000 $ 4,000 CITY OF LAUDERDALE MISCELLANEOUS UNALLOCATED EXPENDITURES 2021 Account Number 2019 2020 2021 Account Description Actual Adopted Proposed 101-49200-410-48100 CONTINGENCY OTHER SERVICES & CHARGES $ - $ 8,000 $ 8,000 $ $ 8,000 $ 8,000 TOTAL EXPENDITURES $ $ 8,000 $ 8,000 CITY OF LAUDERDALE OTHER FINANCING USES 2021 2019 2020 2021 Account Number Account Description Actual Adopted Proposed 101-49300-410-47200 TRANSFER OUT $ 38,000 $ 38,000 $ TRANSFERS $ 38,000 $ 38,000 $ TOTAL EXPENDITURES $ 38,000 $ 38,000 $ CITY OF LAUDERDALE SPECIAL REVENUE FUNDS DEBT SERVICE FUNDS CAPITAL FUNDS ENTERPRISE FUNDS BUDGET 2021 Adopted December 8, 2020 SPECIAL REVENUE FUND The Special Revenue is established to account for specific revenues or other sources that are designated for financing particular functions or activities as required by federal regulations, state statute, city ordinances, or specific grant agreements. Most of the special revenue funds in Lauderdale's budget are related to specific franchise agreements or grants for specific activities. CITY OF LAUDERDALE SPECIAL REVENUE FUNDS 2021 2019 2020 2021 Fund Fund Title Actual Adopted Proposed 226 COMMUNICATIONS $ 18,417 $ 20,040 $ 19,100 227 RECYCLING $ 53,861 $ 42,215 $ 55,799 TOTAL REVENUES $ 72,277 $ 62,255 $ 74,899 226 COMMUNICATIONS $ 18,785 $ 18,257 $ 18,212 227 RECYCLING $ 57,011 $ 63,302 $ 64,813 TOTAL EXPENDITURES $ 75,795 $ 81,559 $ 83,025 CITY OF LAUDERDALE COMMUNICATIONS 2021 Account Number 226-00000-410-31810 226-00000-410-36210 226-49840-410-41010 226-49840-410-41210 226-49840-410-41220 226-49840-410-41225 226-49840-410-41250 226-49840-410-41310 226-49840-410-41320 226-49840-410-41330 226-49840-410-41340 226-49840-410-41510 226-49840-410-42020 226-49840-410-43130 226-49840-410-44160 226-49840-410-44370 226-49840-410-45700 Account Description FRANCHISE TAX INTEREST ON INVESTMENTS TOTAL REVENUES FULL TIME EMPLOYEES PERA FICA MEDICARE DEFERRED COMPENSATION HEALTH INSURANCE DENTAL INSURANCE LIFE INSURANCE DISABILITY INSURANCE WORKERS COMPENSATION INSURANCE PERSONNEL COMPUTER SERVICES (WEBSITE) SUPPLIES SPECIAL PROGRAMS RENTS & LEASES (CABLE COMM FEE) MISCELLANEOUS CHARGES OTHER SERVICES & CHARGES OFFICE EQUIPMENT & FURNITURE CAPITAL OUTLAY TOTAL EXPENDITURES 2019 2020 2021 Actual Adopted Proposed $ 18,119 $ 20,000 $ 19,000 $ 298 $ 40 $ 100 $ 18,417 $ 20,040 $ 19,100 $ 6,615 $ 6,857 $ $ 494 $ 514 $ $ 419 $ 425 $ $ 98 $ 99 $ $ 136 $ 100 $ $ 1,132 $ 1,087 $ $ 46 $ 50 $ $ 26 $ 30 $ $ 34 $ 40 $ $ 56 $ 55 $ $ 9,057 $ 9,257 $ $ 650 $ 700 $ 7,063 530 438 102 150 1,157 50 30 35 57 9,612 $ 650 $ 700 $ $ 3,494 $ 3,200 $ $ 4,601 $ 5,000 $ $ 983 $ 100 $ $ 9,078 $ 8,300 $ 3,500 5,000 100 8,600 $ 18,785 $ 18,257 $ 18,212 REVENUES OVER/UNDER EXPENDITURES $ (368) $ 1,783 $ 888 CITY OF LAUDERDALE RECYCLING 2021 Account Number 227-00000-430-33620 227-00000-430-36101 227-00000-430-36102 227-00000-430-36210 227-43245-430-41010 227-43245-430-41210 227-43245-430-41220 227-43245-430-41225 227-43245-430-41250 227-43245-430-41310 227-43245-430-41320 227-43245-430-41330 227-43245-430-41340 227-43245-430-41510 227-43245-430-42110 227-43245-430-42115 227-43245-430-43130 227-43245-430-43430 227-43245-430-44330 Account Description COUNTY GRANTS SPECIAL ASSESSMENTS -COUNTY PENALTIES & INTEREST INTEREST ON INVESTMENTS TOTAL REVENUES FULL TIME EMPLOYEES PERA FICA MEDICARE DEFERRED COMPENSATION HEALTH INSURANCE DENTAL INSURANCE LIFE INSURANCE DISABILITY INSURANCE WORKERS COMPENSATION INSURANCE PERSONNEL GENERAL SUPPLIES MEETING EXPENSES SUPPLIES RECYCLING CONTRACTOR ADVERTISING - OTHER DUES & SUBSCRIPTIONS OTHER SERVICES & CHARGES TOTAL EXPENDITURES REVENUES OVER/UNDER EXPENDITURES 2019 2020 2021 Actual Adopted Proposed $ 5,742 $ 5,900 $ 5,900 $ 46,153 $ 35,115 $ 48,699 $ 103 $ - $ - $ 1,863 $ 1,200 $ 1,200 $ 53,861 $ 42,215 $ 55,799 17,109 1,278 1,086 254 318 6,105 116 87 85 144 26,582 $ 17,616 $ $ 1,321 $ $ 1,092 $ $ 255 $ $ 250 $ $ 2,845 $ $ 120 $ $ 90 $ $ 100 $ $ 141 $ $ 23,830 $ 18,145 1,361 1,125 263 330 2,925 120 90 90 145 24,594 $ - $ 30,098 $ 39,122 $ 39,869 $ $ 331 $ 350 $ 350 30,429 $ 39,472 $ 40,219 57,011 $ 63,302 $ 64,813 $ (3,150) $ (21,087) $ (9,014) DEBT SERVICE FUND The Debt Service Funds are established to account for the collection of ad valorem taxes; special assessments and tax increment revenue transfers as well as the payment of principal and interest of general long-term debt. CITY OF LAUDERDALE DEBT SERVICE FUNDS 2021 2019 2020 2021 Fund Fund Title Actual Adopted Proposed 305 GO TIF REVENUE BONDS 2018A $ 632 $ 500 $ 500 306 GO IMPROVEMENT BONDS 2019A $ 101,597 $ 127,938 $ 126,563 TOTAL REVENUES $ 102,228 $ 128,438 $ 127,063 305 GO TIF REVENUE BONDS 2018A $ 32,041 $ 25,253 $ 25,728 306 GO IMPROVEMENT BONDS 2019A $ - $ 23,865 $ 121,000 TOTAL EXPENDITURES $ 32,041 $ 49,118 $ 146,728 CITY OF LAUDERDALE DEBT SERVICE - 1795 EUSTIS STREET/ GO TIF REVENUE BONDS 2018A 2021 2019 2020 2021 Account Number Account Description Actual Adopted Proposed 305-00000-462-36210 INTEREST ON INVESTMENTS $ 632 $ 500 $ 500 305-00000-462-39200 TRANSFER IN $ - $ $ 305-47000-462-39300 BONDS PROCEEDS $ - $ $ - TOTAL REVENUES $ 632 $ 500 $ 500 305-47000-462-43090 PROFESSIONAL SERVICES $ 475 $ $ 475 305-47000-462-47110 BOND PRINCIPAL $ - $ $ - 305-47000-462-47210 BOND INTEREST $ 31,566 $ 25,253 $ 25,253 OTHER FINANCING $ 32,041 $ 25,253 $ 25,728 TOTAL EXPENDITURES $ 32,041 $ 25,253 $ 25,728 REVENUES OVER/UNDER EXPENDITURES $ (31,409) $ (24,753) $ (25,228) CITY OF LAUDERDALE DEBT SERVICE - GO IMPROVEMENT BONDS 2019A 2021 2019 2020 2021 Account Number Account Description Actual Adopted Proposed 306-00000-430-36210 INTEREST ON INVESTMENTS $ 477 $ 100 $ 300 306-00000-450-36101 SPECIAL ASSESSMENT - COUNTY $ 88,130 $ 42,451 $ 42,451 306-00000-450-36102 PENALTIES AND INTEREST $ - $ 17,617 $ 15,856 306-00000-450-36103 DELINQUENT SPECIAL ASSESSMENTS $ - $ - $ - 306-00000-462-39200 TRANSFER IN $ - $ 67,769 $ 67,956 306-47000-462-39300 BONDS PROCEEDS $ 12,990 $ $ - TOTAL REVENUES $ 101,597 $ 127,938 $ 126,563 306-47000-462-43090 PROFESSIONAL SERVICES $ $ $ 475 306-47000-462-47110 BOND PRINCIPAL $ - $ $ 100,000 306-47000-462-47210 BOND INTEREST $ - $ 23,865 $ 21,000 OTHER FINANCING $ $ 23,865 $ 121,000 TOTAL EXPENDITURES $ - $ 23,865 $ 121,000 REVENUES OVER/UNDER EXPENDITURES $ 101,597 $ 104,073 $ 5,563 CAPITAL PROJECT FUNDS The following Capital Project Funds are established to account for the resources used for the acquisition of capital facilities and infrastructure for the City with the exception of those financed by the Enterprise Funds. GENERAL CAPITAL IMPROVEMENTS Established to account for transactions relating to capital improvements to municipal buildings. CAPITAL IMPROVEMENT - STREETS Established to account for revenues in excess of expenditures resulting from street improvement projects. The City's policy is to charge a standard residential assessment rate for street improvements. This fund will be used to finance expenditures that exceed revenues received from assessments for future street improvement projects. PARK IMPROVEMENTS Established to account for expenditures on public park acquisition and improvements. DISTRICT TAX INCREMENTS Established to account for revenues and expenditures in tax increment districts. Separate accounting is necessary to meet the statutory reporting to the Office of the State Auditor. DEVELOPMENT AND HOUSING DEVELOPMENT Established to account for revenues and expenditures related to business and housing development projects. CITY OF LAUDERDALE CAPITAL IMPROVEMENT FUNDS 2021 2019 2020 2021 Fund Fund Title Actual Adopted Proposed 401 GENERAL CAPITAL $ 34,731 $ 1,500 $ 1,500 403 STREET CAPITAL $ 1,786,760 $ 4,000 $ 4,000 404 PARK CAPITAL $ 5,580 $ 4,000 $ 4,000 405 ROSEHILL TAX INCREMENT $ 484 $ - $ - 414 DEVELOPMENT $ 44,704 $ 42,000 $ 4,000 415 HOUSING REDEVELOPMENT $ 10,412 $ - $ - TOTAL REVENUES $ 1,882,670 $ 51,500 $ 13,500 401 GENERAL CAPITAL $ - $ 85,000 $ 35,000 402 STREET CAPITAL $ 2,535,308 $ $ - 404 PARK CAPITAL $ 1,232 $ 65,000 $ 7,500 405 ROSEHILL TAX INCREMENT $ 991 $ $ 414 DEVELOPMENT $ 2,260 $ 67,769 $ 67,956 415 HOUSING REDEVELOPMENT $ 115 $ $ TOTAL EXPENDITURES $ 2,539,906 $ 217,769 $ 110,456 CITY OF LAUDERDALE GENERAL CAPITAL 2021 Account Number 2019 2020 2020 Account Description Actual Adopted Proposed 401-00000-410-33422 OTHER STATE GRANTS & AIDS $ - $ $ 401-00000-410-36200 OTHER MISCELLANEOUS REVENUE $ - $ - $ 401-00000-410-36210 INTEREST ON INVESTMENTS $ 2,731 $ 1,500 $ 1,500 401-00000-410-39200 TRANSFER IN $ 32,000 $ - $ TOTAL REVENUES $ 34,731 $ 1,500 $ 1,500 401-41940-410-44370 MISCELLANEOUS CHARGES $ - $ - $ OTHER SERVICES & CHARGES $ $ - $ 401-41940-410-45300 IMPROVEMENTS OTHER THAN BUILDINGS $ - $ 75,000 $ 20,000 401-41940-410-45400 MACHINERY & EQUIPMENT $ $ 10,000 $ 15,000 CAPITAL OUTLAY $ - $ 85,000 $ 35,000 401-41940-410-47200 TRANSFER OUT $ - $ - $ OTHER FINANCING $ - $ - $ TOTAL EXPENDITURES $ $ 85,000 $ 35,000 REVENUES OVER/UNDER EXPENDITURES $ 34,731 $ (83,500) $ (33,500) CITY OF LAUDERDALE STREET CAPITAL 2021 Account Number 2019 2020 2021 Account Description Actual Adopted Proposed 403-00000-430-33422 OTHER STATE GRANTS & AIDS $ - $ $ 403-00000-430-36200 OTHER MISCELLANEOUS REVENUE $ 753,332 $ - $ 403-00000-430-36210 INTEREST ON INVESTMENTS $ 23,086 $ 4,000 $ 4,000 403-00000-430-39200 TRANSFER IN $ $ - $ 403-47000-430-39300 BOND PROCEEDS $ 987,010 $ - $ 403-47000-430-39320 BOND PREMIUM $ 23,332 $ $ TOTAL REVENUES $ 1,786,760 $ 4,000 $ 4,000 403-43121-430-43030 ENGINEERING $ 352,592 $ - $ 403-43121-430-45300 IMPROVEMENTS OTHER THAN BUILDINGS $ 2,146,967 $ - $ CAPITAL OUTLAY $ 2,499,558 $ - $ 403-43121-430-47200 TRANSFER OUT $ $ - $ 403-47000-430-47600 ISSUANCE COSTS $ 35,750 $ - $ OTHER FINANCING $ 35,750 $ - $ TOTAL EXPENDITURES $ 2,535,308 $ $ REVENUES OVER/UNDER EXPENDITURES $ (748,548) $ 4,000 $ 4,000 CITY OF LAUDERDALE PARK CAPITAL 2021 Account Number 404-00000-450-36200 404-00000-450-36210 404-00000-450-36230 404-00000-450-36250 404-0000-450-39200 404-45200-450-42410 404-45200-450-43030 404-45200-450-45100 404-45200-450-45200 404-45200-450-45300 404-45200-450-45400 404-45200-450-47200 Account Description OTHER MISCELLANEOUS REVENUE INTEREST ON INVESTMENTS CONTRIBUTIONS & DONATIONS PARKLAND FEES TRANSFER IN TOTAL REVENUES MINOR EQUIPMENT & TOOLS OTHER SERVICES & CHARGES ENGINEERING FEES LAND BUILDING & IMPROVEMENTS IMPROVEMENTS OTHER THAN BUILDINGS MACHINERY & EQUIPMENT CAPITAL OUTLAY TRANSFER OUT OTHER FINANCING TOTAL EXPENDITURES 2019 Actual 2020 Adopted 5,580 $ - $ 4,000 $ - $ - $ 4,000 $ 2020 Proposed 4,000 4,000 $ - $ $ - $ $ 1,232 $ - $ $ $ - $ $ - $ - $ $ $ 65,000 $ 7,500 $ $ - $ $ 1,232 $ 65,000 $ 7,500 $ 1,232 $ 65,000 $ 7,500 REVENUES OVER/UNDER EXPENDITURES $ 4,348 $ (61,000) $ (3,500) CITY OF LAUDERDALE DEVELOPMENT 2021 2019 2020 2020 Account Number Account Description Actual Adopted Proposed 414-00000-462-36200 OTHER MISCELLANEOUS REVENUE $ 0 $ $ - 414-00000-462-36210 INVESTMENT INTEREST $ 6,704 $ 4,000 $ 4,000 414-00000-462-36230 DONATIONS $ - $ - $ 414-00000-462-39200 TRANSFER IN $ 38,000 $ 38,000 $ TOTAL REVENUES $ 44,704 $ 42,000 $ 4,000 414-46500-462-44370 MISCELLANEOUS CHARGES $ 1,556 $ - $ 414-46500-462-45300 IMPROVEMENTS OTHER THAN BUILDINGS $ 704 $ - $ 414-46500-462-47200 TRANSFER OUT $ - $ 67,769 $ 67,956 OTHER FINANCING $ 2,260 $ 67,769 $ 67,956 TOTAL EXPENDITURES $ 2,260 $ 67,769 $ 67,956 REVENUES OVER/UNDER EXPENDITURES $ 42,444 $ (25,769) $ (63,956) CITY OF LAUDERDALE HOUSING DEVELOPMENT 2021 2019 2020 2021 Account Number Account Description Actual Adopted Proposed 415-00000-461-36200 OTHER MISCELLANEOUS REVENUE $ - $ $ 415-00000-461-36210 INTEREST ON INVESTMENTS $ - $ - $ 415-00000-461-39200 TRANSFER IN $ - $ - $ 415-00000-461-39310 GAIN ON SALE $ 10,412 $ - $ TOTAL REVENUES $ 10,412 $ $ 415-46310-461-44370 TAXES AND LICENSES $ 115 $ - $ 415-46310-461-45100 LAND $ $ - $ OTHER FINANCING $ 115 $ - $ TOTAL EXPENDITURES $ 115 $ - $ REVENUES OVER/UNDER EXPENDITURES $ 10,297 $ - $ ENTERPRISE FUND The ENTERPRISE FUND was established to account for operations that are financed and operated in a manner similar to private business enterprises where the intent is that the costs (expenses, including depreciation) of providing goods or services to the general public is financed or recovered primarily through user charges. CITY OF LAUDERDALE ENTERPRISE FUNDS 2021 2019 2020 2021 Fund Fund Title Actual Adopted Proposed 602 SANITARY SEWER $ 352,033 $ 302,216 $ 302,016 603 STORM WATER $ 119,101 $ 113,838 $ 113,838 TOTAL REVENUES $ 471,134 $ 416,054 $ 415,854 602 SANITARY SEWER $ 342,936 $ 308,971 $ 408,873 603 STORM WATER $ 95,577 $ 176,572 $ 170,663 TOTAL EXPENDITURES $ 438,513 $ 485,543 $ 579,536 CITY OF LAUDERDALE SANITARY SEWER 2021 Account Number 2019 2020 2021 Account Description Actual Adopted Proposed 602-00000-000-33422 OTHER STATE GRANTS & AIDS $ 23,846 $ - $ 602-00000-000-33439 PERA Pension Other Revenue $ 96 $ 300 $ 100 602-00000-000-36210 INTEREST ON INVESTMENTS $ 20,034 $ 16,000 $ 16,000 602-00000-000-37210 SEWER CHARGES $ 308,056 $ 285,916 $ 285,916 602-00000-000-37290 SEWER ACCESS CHARGES $ - $ - $ 602-00000-000-39101 SALE OF CAPITAL ASSETS $ $ $ 602-00000-000-39110 GAIN ON DISPOSAL $ - $ - $ TOTAL REVENUES $ 352,033 $ 302,216 $ 302,016 602-49410-000-41290 PENSION EXPENSE $ 2,256 $ - $ PENSION $ 2,256 $ - $ 602-49450-000-41010 FULL TIME EMPLOYEES $ 55,910 $ 54,589 $ 56,305 602-49450-000-41020 OVERTIME $ 886 $ - $ 602-49450-000-41190 OTHER PAY $ $ $ 602-49450-000-41195 COMP ABSENCES/OPEB $ $ - $ 602-49450-000-41210 PERA $ 4,037 $ 4,094 $ 4,223 602-49450-000-41220 FICA $ 3,952 $ 3,385 $ 3,491 602-49450-000-41225 MEDICARE $ 924 $ 792 $ 816 602-49450-000-41250 DEFERRED COMPENSATION $ 5,956 $ 5,453 $ 5,883 602-49450-000-41310 HEALTH INSURANCE $ 2,268 $ 2,200 $ 2,300 602-49450-000-41320 DENTAL INSURANCE $ 139 $ 175 $ 150 602-49450-000-41330 LIFE INSURANCE $ 652 $ 775 $ 670 602-49450-000-41340 DISABILITY INSURANCE $ 227 $ 250 $ 240 602-49450-000-41510 WORKERS COMPENSATION INSURANCE $ 3,605 $ 3,317 $ 3,422 PERSONNEL $ 78,557 $ 75,030 $ 77,500 602-49450-000-42110 GENERAL SUPPLIES $ - $ 100 $ - 602-49450-000-42120 MOTOR FUELS $ 713 $ 700 $ 800 602-49450-000-42130 LUBRICANTS & ADDITIVES $ - $ - $ 602-49450-000-42170 SAFETY EQUIPMENT $ $ - $ 602-49450-000-42210 VEHICLE/EQUIPMENT PARTS $ - $ - $ 602-49450-000-42220 TIRES $ - $ $ 602-49450-000-42240 STREET MAINTENANCE MATERIALS $ $ $ 602-49450-000-42410 MINOR EQUIPMENT & TOOLS $ - $ - $ - SUPPLIES $ 713 $ 800 $ 800 602-49450-000-43010 AUDITING & ACCOUNTING SERVICES $ 3,939 $ 3,000 $ 4,000 602-49450-000-43030 ENGINEERING $ 0 $ 10,000 $ 5,000 602-49450-000-43090 EXPERT & PROFESSIONAL SERVICES $ 3,835 $ 7,000 $ 4,000 602-49450-000-43140 TRAINING & EDUCATION $ 780 $ 850 $ 800 602-49450-000-43210 TELEPHONE & TELEGRAPH $ 195 $ 250 $ 225 602-49450-000-43310 TRAVEL EXPENSE $ $ 100 $ 100 602-49450-000-43430 ADVERTISING - OTHER $ - $ - $ - 602-49450-000-43610 INSURANCE & BONDS $ 3,711 $ 3,000 $ 4,000 602-49450-000-43820 WATER UTILITIES $ 88 $ 150 $ 150 602-49450-000-43850 SEWER - MET COUNCIL $ 160,918 $ 157,691 $ 150,798 602-49450-000-44040 VEHICLE/EQUIPMENT REPAIRS $ - $ 1,000 $ 1,000 602-49450-000-44060 LAUNDRY SERVICES $ 668 $ 700 $ 700 602-49450-000-44160 RENTS & LEASES $ - $ $ 602-49450-000-44200 DEPRECIATION $ 56,573 $ $ - 602-49450-000-44330 DUES & SUBSCRIPTIONS $ 931 $ 1,200 $ 1,200 602-49450-000-44370 MISCELLANEOUS CHARGES $ 7,772 $ 7,500 $ 7,900 602-49450-000-44390 TAXES & LICENSES $ - $ 700 $ 700 602-49450-000-44450 CLAIMS & DAMAGES $ - $ - $ OTHER SERVICES & CHARGES $ 239,410 $ 193,141 $ 180,573 602-49450-000-45300 IMPROVEMENTS OTHER THAN BUILDINGS $ (0) $ 40,000 $ 150,000 602-49450-000-45500 VEHICLES $ - $ - $ CAPITAL OUTLAY $ (0) $ 40,000 $ 150,000 602-49450-000-47200 TRANSFER OUT OTHER FINANCING TOTAL EXPENDITURES $ 22,000 $ - $ $ 22,000 $ - $ $ 342,936 $ 308,971 $ 408,873 REVENUES OVER/UNDER EXPENDITURES $ 9,097 $ (6,755) $ (106,857) CITY OF LAUDERDALE STORM WATER 2021 Account Number 603-00000-000-33422 603-00000-000-33439 603-00000-000-36210 603-00000-000-37170 603-00000-000-39200 603-49410-000-41290 603-49500-000-41010 603-49500-000-41020 603-49500-000-41190 603-49500-000-41195 603-49500-000-41210 603-49500-000-41220 603-49500-000-41225 603-49500-000-41250 603-49500-000-41310 603-49500-000-41320 603-49500-000-41330 603-49500-000-41340 603-49500-000-41510 603-49500-000-42110 603-49500-000-42120 603-49500-000-42160 603-49500-000-42170 603-49500-000-42210 603-49500-000-42220 603-49500-000-42410 603-49500-000-43010 603-49500-000-43030 603-49500-000-43090 603-49500-000-43140 603-49450-000-43210 603-49500-000-43310 603-49500-000-43510 603-49500-000-43610 603-49500-000-44040 603-49500-000-44060 603-49500-000-44200 603-49500-000-44330 603-49500-000-44370 Account Description OTHER STATE GRANTS & AIDS PERA PENSION OTHER REVENUE INTEREST ON INVESTMENTS STORM WATER CHARGES TRANSFER IN TOTAL REVENUES PENSION EXPENSE PENSION FULL TIME EMPLOYEES OVERTIME OTHER PAY COMP ABSENCES/OPEB PERA FICA MEDICARE DEFERRED COMPENSATION HEALTH INSURANCE DENTAL INSURANCE LIFE INSURANCE DISABILITY INSURANCE WORKERS COMPENSATION INSURANCE PERSONNEL GENERAL SUPPLIES MOTOR FUELS CHEMICALS & CHEMICAL PRODUCTS SAFETY EQUIPMENT VEHICLE/EQUIPMENT PARTS TIRES MINOR EQUIPMENT & TOOLS SUPPLIES AUDITING & ACCOUNTING SERVICES ENGINEERING EXPERT & PROFESSIONAL SERVICES TRAINING & EDUCATION TELEPHONE & TELEGRAPH TRAVEL EXPENSE LEGAL NOTICES PUBLISHING INSURANCE & BONDS VEHICLE/EQUIPMENT REPAIRS LAUNDRY SERVICES DEPRECIATION DUES & SUBSCRIPTIONS MISCELLANEOUS CHARGES 2019 Actual 2020 Adopted 2020 Proposed $ $ - $ $ 82 $ - $ $ 8,117 $ 4,500 $ 4,500 $ 110,902 $ 109,338 $ 109,338 $ $ - $ $ 119,101 $ 113,838 $ 113,838 $ 1,490 $ - $ $ 1,490 $ - $ - $ 47,376 $ 46,465 $ 47,921 $ 709 $ - $ - $ - $ $ $ - $ - $ - $ 3,432 $ 3,485 $ 3,594 $ 3,332 $ 2,881 $ 2,971 $ 779 $ 674 $ 695 $ 4,804 $ 4,700 $ 4,900 $ 2,190 $ 1,861 $ 2,046 $ 116 $ 110 $ 125 $ 541 $ 600 $ 550 $ 195 $ 220 $ 200 $ 2,907 $ 2,676 $ 2,761 $ 66,381 $ 63,672 $ 65,763 $ - $ - $ - $ 713 $ 750 $ 750 $ - $ - $ $ - $ $ - $ - $ - $ - $ - $ $ - $ - $ $ - $ 713 $ 750 $ 750 $ 3,939 $ 3,000 $ 4,000 $ 39 $ 10,000 $ 5,000 $ 8,335 $ 7,500 $ 9,000 $ - $ 300 $ 300 $ 195 $ 300 $ 250 $ - $ $ $ - $ $ - $ 640 $ 1,400 $ 1,000 $ - $ 400 $ 400 $ 668 $ 750 $ 700 $ - $ $ - $ 1,853 $ 2,000 $ 2,000 $ 1,324 $ 1,500 $ 1,500 603-49500-000-44390 TAXES & LICENSES $ $ - $ OTHER SERVICES & CHARGES $ 16,993 $ 27,150 $ 24,150 603-49500-000-45300 IMPROVEMENTS OTHER THAN BUILDINGS $ - $ 85,000 $ 80,000 CAPITAL OUTLAY $ $ 85,000 $ 80,000 603-49450-000-47200 TRANSFER OUT $ 10,000 $ - $ OTHER FINANCING $ 10,000 $ - $ TOTAL EXPENDITURES $ 95,577 $ 176,572 $ 170,663 REVENUES OVER/UNDER EXPENDITURES $ 23,524 $ (62,734) $ (56,825) CAPITAL IMPROVEMENT PLAN CITY OF LAUDERDALE CAPITAL IMPROVEMENT PLAN PROJECT SUMMARY BY YEAR AND FUNDING SOURCE O O O O O L) O a N New Lawn Mower w/Attachments r -: 0 a vt O 0 0 0 o O 0 0 0 o O 0 0 0 0 0 in 0 rn 0 0 .Y m •t d v). v). yr -v)- CD n O O 0 0 O o v; 0 b O a N N O O O O O O O O O O O O O O O •,:r a a .,r N p 'O a U ra U - U ( U v v F- N 0 co .F, O >. .Y an O O O N C N p. O� i I d V d LL m Q) C O h NvC 0E E N � .a 4D > O N > Q) > 70--+ C 4' N LL c6 K N m N G 'OO i 16 O '6 C D) i p N co p N O E co 0 O ro `- co O.. .v 'B LL O -B —, d -O O d" 4D MI CO CO 0 0 4D 0 CC .N .0 Q LL 4. L O Cb.LL O .0 Cl. C C N i �) U N C L N C m 73 J a) @ N ro co N J @ -c:..5 co O C a) N C > E 3 E 10 0 I. m E Q 3 E .c., 0 U) > a) cD 0 Dl D) D) v U) D) U U rn - V) U N N N N C N rstN N N N N 0 N N N Public Works Garage - Roof Replacement 2026 Replace 2016 Ford F350 Truck and Plow N N 0 2028 Mill and Overlay City Streets 0 O 0 0 0 a v} O O 0 0 m yr CITY OF LAUDERDALE CAPITAL IMPROVEMENT PLAN FUNDING SOURCE SUMMARY io 0 O M O N O) O N co N O N W J F- 1 z LL O O O O LO O O O O 0 0 O 0 O O O 0 u) CO 0 O O in I� d' O O N F N 0 0 lD -i m (0 m N i/} L} i/} i/} ill- VI i/} o 0 o 0 00 d' l0 i/} L} 0 Do 0 c -i ui 00 c -i (ID i/} i/} m N 00 0 0 00 0 0 o Oal 0 O 0 (xo o dY (D V) L)- i/} i/} L} o o 0 m 0 o 0 0 d' 0 0 0 0 c -i 0 U1 o to 00 0 N 'd' h l0 4 a i/} i/} i/} i? i/} 226 Communications 0 0 lD 0 0 o0 co 0 0 0 L vi N N o 0 co l0 Lf) CO c -I i/} i/} i/} i/} i/} General Capital O Ct 403 Street Improvement 404 Park Improvement 414 Development 602 Sanitary Sewer 603 Storm Water lD 0 00 N (0 00 N M 01 M lfl �1 N M ti lD N i/} c -i N lD O 00 0 -1 CO N m CO M L N 00 LID 00 00 Ql M c -i 00 00 Ln O M i/} GRAND TOTAL CITY OF LAUDERDALE CAPITAL IMPROVEMENT PLAN FUND 226 - COMMUNICATIONS 0 M 0 N Q1 N 0 co N 0 N N O N to N 0 N OC >- to 0 N N 0 M N O N O N O N tl? t1)- /)- -L1)- i/? -v)• i/? t/? Council Chambers Technology CITY OF LAUDERDALE CAPITAL IMPROVEMENT PLAN FUND 401- GENERAL CAPITAL IMPROVEMENT O M 0 N N 0 00 N O N N 0 N 0 N � I W >- N O C N i O N M N 0 N N -,N 0 N 0 N 1- 0 W 0 VI i/} t/? t/} i/} t/} t/} i/) t/} i/) i/? i/} i/} i/} if) i/} ih t/? i/} i/} O O O O O O O Lf1' i/} i/} i/? t/} i/? i/? O O O O try t!} t/} i/} th t/? O O O O ct t/} O 0 O 0 0 0 lf7 O s—i N New Lawn Mower w/Attachments O O O O O O O to r-1 i/Y O O O O O O O O tJ} O O O O N O p O a 0a Ci3f� o co 0 cG U NLfl 0 m cp Et CD @ 0 Q) Ur O v) M 0 u- a) O Q) i a) u' a) D CCLO 'a 'C '6 > "a OO 'O u_ a) � a) aJ u (L) _cN-i ((i 0 cUi, J 0▪ 0 >'• 'O 0 s— 0 i O i 0 s_ a N R3 N (13 C1- co N cv O a) a) a) 0) a) a) a) a) a) V) i. c 0 > U > U J' U > J cn O @ 0 co Ill 0 Q s. Q O_ s--1 Q c-1 O. N O. <-1 F— CC CC CC CC CC CITY OF LAUDERDALE CAPITAL IMPROVEMENT PLAN FUND 403 - STREET IMPROVEMENT rJ rJ CO N rJ0 tN1 tf) r4 onl cNi 0 rJ 0 0 rJ0 (NI C.) 0 InC Eustis/Malvern Street Alley Improvements Roselawn & Eustis Street Reconstruction if} 0 Lfl N <-1 if} w -1 0 N (1) CU 0) 0 5._ L13 a) tV3 c.) (1) to (a (h 0 a) >- ra t.0 a) 0 CITY OF LAUDERDALE CAPITAL IMPROVEMENT PLAN FUND 404 - PARK IMPROVEMENT 0 m O N N O 00 N 0 N N N 0 N t0 N 0 N cc B W N 0 N Cf' 0 N I:M N 0 N N 0 (NI 0 i/} 4J y/). Skyview Park Improvements Community Park Improvements CITY OF LAUDERDALE CAPITAL IMPROVEMENT PLAN FUND 414 - Development 0 m 0 N N. n m m a al in N cri M NI N CD t0 in in (NI N CO m M N ' N lND l.0 N Cr d' c -I e-4 N N. N N lD tD 0 N CD t0 i/) LI- N N O 0 l0 c-1 e I N 00 00 p N lD l0 Q W in c -i e-1 N CO' oci N C.D LID in- in - m m illIn ct N N N 00 00 O N l0 CD CO CO 0l N W 00 l0 t0 til LI - m M ct d' N c -i e I N 00 00 C NCD CD lD lD Lr) In O CDN GO2019A Debt Service Contribution CITY OF LAUDERDALE CAPITAL IMPROVEMENT PLAN FUND 602 - SANITARY SEWER 0 M N 0 N 0 i co N 0 N N N 0 N LO N 0 N W i', Off N 0 (Ni N 0 N M N 0 N N N 0 N T -1N 0 N if} (/} .(1)- 111. fT yf? O 0 0 0 O O O O v -I rr( Sewer Lining Project Sewer Lining Project ifT O O O O to ri CITY OF LAUDERDALE CAPITAL IMPROVEMENT PLAN FUND 603 - STORM WATER 0 m 0 N Q) N 0 00 N 0 0 N LD 0 ' N W0 e-1 Lf) O c}' N 0 N m N N N 0 N 0 N 0 O O O 0 0 O O i/} -V) i/? 0 0 0 0 0 0 0 0 O Lr O L!) t m Invasive Species Management Seminary Pond Project Gasperre Pond Dredging iA i/? O O O O i!} O O O O eF O O O O 00 CITY OF LAUDERDALE TECHNOLOGY REPLACEMENT PLAN 2020-2029 Department 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Funding Source(s) 0) C o 0. O 0 'O C LL 0) C a 0 0 -0 C LL 0) C 0.. 0 0 'O C U. 0) C � caE Q 0 0 -0 C LL 0) C moNm Q. 0 0 "O C LL 0) C a 0 0 'O C LL 0) 0 O. 0 0 'p C LL 0) 0 2 Q 0 0 "p C LL O O 0 0 0 00 0 0 0 0 O O O O 0 0 0 0 0 O 0 0 0 O O L' 0 0 0 O O a) N co -J 0 0 0 O 0 0 0 0 O 0 0 0 O O O 0 0 0 (D 00 0 0 0 0 O O 0 0 0 0 0 0 T 0 0 0 O 0 0 O O 0 0 0 O ) CO (0 0) J O O O O OO O O O O O O O O O 0 0 0 0 00 0 0 0 O O O T O 0 0 0 0 O 0 0 0 O o Y(0 N N o 2 tq o 'a < U o 2 O C E 13C < tt c (0 1%5 < a) U U >, c 0. 0 `- p C pC ` 0 0 (/) .1G o .v . a. U N C (0 2 w ` o •o n a_ i C o U c o LL. (0 = >, 0 O n N N JD E - U 'U c p U 4.3 a 0 U = N = U O O O O 0 0 0 0 0 0 0 0 M O O 0 0 0 O 0 O 0 0 0 M 0 0 O J 0 0) uJ 0 Z Computers are replaced on 4 -year schedule. Copier is leased on 4 -year schedule. LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution X Work Session Meeting Date December 8, 2020 ITEM NUMBER 2021 Utility Rates STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: At the previous meeting, the City Council had a very preliminary look at proposed sanitary sewer, storm sewer, and recycling rates for 2021. Staff's recommended not increasing the sanitary and storm sewer rates. The recycling rates were proposed to increase again to catch up to the cost of the new recycling contract. More details are available in the rate study. STAFF RECOMMENDATION: Motion to adopt Resolution No. 120820E A Resolution Establishing 2021 Sanitary Sewer Rates, Storm Sewer Rates, and Recycling Rates. RESOLUTION NO. 120820E CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION ESTABLISHING 2021 SANITARY SEWER RATES, STORM SEWER RATES AND RECYCLING RATES WHEREAS, the City of Lauderdale incurs expenses related to the operation of its sanitary sewer collection and disposal system, including Metropolitan Council Environmental Services wastewater treatment fees, as well as its own costs for salaries and maintenance of the utility; and WHEREAS, the City of Lauderdale incurs expenses related to the operation of its storm sewer collection system, including costs for capital projects, salaries and maintenance of the utility; and WHEREAS, the City of Lauderdale incurs expenses related to the operation of its residential recycling program, including costs for salaries and collection of materials; and WHEREAS, sanitary sewer rates, storm sewer rates and recycling rates are set annually by the Lauderdale City Council; and WHEREAS, the City Code provides for the collection of sanitary sewer service charges, storm sewer service charges and residential recycling collection; NOW THEREFORE, BE IT RESOLVED that the Lauderdale City Council sets the following rates for 2021: • Sanitary Sewer o Residential: A flat rate of $57.76 per residential unit per quarter o Commercial: $2.86 per unit of water consumption per month, ® with a minimum monthly charge of $13 • Storm Sewer: A flat rate of $17.75 per quarter per REF (Residential Equivalency Factor) • Recycling: A flat rate of $7.17 per cart per month Adopted by the City Council of the City of Lauderdale this 8th' day of December, 2020. Mary Gaasch, Mayor (ATTEST) Heather Butkowski, City Administrator 2021 Sanitary Sewer, Storm Water and Recycling Rate Study Key Findings Annually, the City of Lauderdale establishes rates for sanitary sewer, storm water and recycling collection. Staff has completed the review and recommends the following: ® A 0.0% increase is proposed for the sanitary sewer residential and commercial charges. • A 0.0% increase is proposed for the storm water charges. • A 39% increase is proposed for the recycling collection charges. 2 Goals of a Utility Rate Study The purpose of the rate study is to ensure that: 1. Rates are sufficient to pay for the ongoing operations and capital improvements, and to maintain adequate cash balances. 2. Staff and Council revisit cash balance policies to ensure they are meeting their enterprise system's current and future needs. 3. The rate structure distributes the costs of operating the system across utility users consistent with the policy objectives of the Council. 3 Sanitary Sewer Utility The Metropolitan Council adopted a Metropolitan Wastewater Charge for 2021 of $240.3 million, an increase of 2.0% over 2020. The City's share is $150,798, which is $6,893 less than 2020. The Metropolitan Council detected an increase in flow in the unmetered portion of the City in the fourth quarter of 2016 which increased our rates over a few years. In 2021, we return to a "normal" cost for sewage treatment. Sanitary Sewer Capital Improvements The 2021-2030 Capital Improvement Plan (CIP) anticipates spending $150,000 on sewer lining. The City has been lining sewers when matching grant funds from the state are available. Due to the cost to manage COVID-19, the funding may not be available in 2021. Staff will budget for the improvement but not raise rates accordingly recognizing the work may not happen. Target Cash Reserves — Sanitary Sewer Funds Adequate cash reserves are needed to accommodate cash flow needs, invest in sewer replacement projects, and save for future capital projects. The City Council established a goal of setting aside at least half the depreciation expense or approximately $25,000 each year to grow the cash reserve for sewer repairs and replacements. Staff is proposing a 0.0% increase to the sanitary sewer rate in recognition of the decrease in the wastewater charge and other expenses that will result in an increase in the fund balance without raising the rate. Quarterly Sanitary Sewer Rate History Sewer Rates 2016 2017 2018 2019 2020 2021 Residential Base Charge $52.77 $54.09 $55.01 $57.76 $57.76 $57.76 Commercial Flow Charge $2.60 $2.67 $2.72 $2.86 $2.86 $2.86 % Increase 5% 2.5% 1.7% 5.0% 0.0% 0.0% 4 Sanitary Sewer Availability Charge The Metropolitan Council did not increase the base metropolitan sewer availability charge (SAC) for 2021. The SAC rate will be $2,485 for metropolitan customer communities. The rate is the same since 2014. Pursuant to Minnesota Statute 473.517, subd. 3, a metropolitan SAC is paid by our community to the Metropolitan Council as users connect to the metropolitan wastewater system for the first time or as a user's maximum demand for sewer capacity increases. These fees are for the availability of capacity, not the actual use or flow in the metropolitan system as demanded by development or changes in use on specific properties within our community. Lauderdale may adopt a different SAC rate that would include the Metropolitan Council amount plus additional funds for the City. Historically, Lauderdale has used the Metropolitan Council rate. 5 Storm Water Utility The Storm Water Utility pays for the infrastructure and maintenance that provides for and improves the quality of storm water run-off. The City has been working with the area watershed districts on future projects to curb the City's contribution to pollution in the Mississippi River. Lauderdale's ordinance established a system for billing using Residential Equivalency Factor (REF). A single family residential property is considered to be one REF and pays the base fee adopted by the Council. The other developed properties were individually assigned a certain number of REF's based on property size, impervious surface, and calculated storm water run-off A property receives a credit if it has integrated storm water best management practices (BMPs). Since Lauderdale is considered fully developed, the City only anticipates an increase in the number of REF's when redevelopment occurs. Storm Sewer Capital Improvements The 2021 Capital Improvement Plan provides for spending on invasive species management (if Ramsey County is unable to), the City's first of three payments for the Seminary Pond and ravine improvement projects, and dredging of Gasperre Pond. Target Cash Reserves — Storm Water Fund The projected cash balances must be adequate to meet on-going storm water expenditures and ensure a cash reserve balance that allows the City to meet the obligations of its MS4 permit, especially Total Maximum Daily Load (TMDL) obligations imposed on the City by the Pollution Control Agency. As storm water projects can be expensive and TMDLs are expected as the City's runoff terminates in the Mississippi River, the City has raised the storm water rates over the years to build the nest egg to cover future costs. The City budgeted for the Seminary Pond improvement project in 2020 but the project will be completed in 2021. For that reason, staff recommends not raising rates for 2021 and determining the appropriate storm water rate for 2022 and beyond after the projects are completed. Storm Water Rate History Storm Water Rates 2016 2017 2018 2019 2020 2021 Residential $15.27 $16.03 $16.25 $17.40 $17.75 $17.75 Commercial $76.35 $80.17 $81.29 $87.06 $88.80 $88.80 % Increase 5% 5% 1.4% 7.1% 2.0% 0.0% 6 Recycling Fee The City awarded Eureka! Recycling a contract for weekly curbside collection through December 31, 2023. The recycling contract price per month in 2021 is $5.87 per cart. Target Cash Reserves — Recycling Fund Last year, rates were raised to begin covering the increased recycling costs that are the result of the upheaval in the recycling markets worldwide. Previously, the contract was based on the number of housing units and all units paid the same price for recycling service. Starting with the new contract in 2019, the cost was based on the number of carts to save tens of thousands of dollars through the duration of the contract. With the increased per cart cost, staff is recommending increasing the cost of collection until residents are paying for the full cost of the service. This means raising rates again by $2.00 per cart per month in 2021. The fund balance would cover the balance of approximately $9,000 not covered by the recycling fee. The City has relied on the fund balance to cover the costs during this rate transition. The current fund balance is $60,000; last year at this time it was 480,000. At this time next year, the fund balance will be 450,000 at which point the City will need to raise rates again to stop relying on reserves to cover the cost of the recycling program. Recycling Rate History (Per Month): Recycling Rate Per Cart 2016 2017 2018 2019 2020 2021 Residential /Mo, $2.70 $2.84 $2.98 $3.17 $5.17 $7.17 Residential /An. $32.40 $34.08 $35.76 $37.98 $62.04 $86.04 % Increase 0% 10% 5% 6.4% 63% 39% 7 Appendix A Sanitary Sewer Historical Rates Residential rates are a flat charge per month. $70.00 $60.00 $50.00 $40.00 $30.00 $ 20.00 $10.00 Residential Rates lD N 00 Ol O c -I N 00 t.I) lD N 00 Ol O i --I N (Y) Cr tt) lD N 00 Ol O O) Ol Ol Ol O O O O O O O O O O r-1 % -I r -I i -I -1 c -I c -I i -I i-1 ri N N Ol 07 Cr) Ol 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 %--I c -I c -I %-1 N N N N NNNNNNNNNNNNNNNNNN Commercial rates are based on flow or consumption charge. 8 Commercial Rates $3.50 $3.00 $2.50 – _— $2.00 �� $1.50 $1.00 $0.50 $- I lO Ol CD i--1 I 1, CT) Ol 1-1 I 00 Cr) Ol N-1 O1 CT) Ol c -I I I O 0 0 N I c-1 0 0 N I Cn 0 0 N I d' 0 0 N I In O 0 N I lD 0 0 N I r 0 0 N I 00 0 0 N I CT) 0 0 N I 0 c -I 0 N I r -I i --I 0 N I N %--I 0 N I I I I I I I I 00 Cr III lO N 00 MO ,-1 c -I c -I r -I r -I c -I c -I i --I N N 0 0 0 0 0 0 0 0 0 NNNNNNNNN I 8 Appendix B Storm Water Historical Rates Storm Water rates are a flat charge based on Residential Equivalency Factor (REF) per month. $20.00 $18.00 $16.00 $14.00 $12.00 $10.00 $8.00 $6.00 $4.00 $2.00 $- Residential Equivalency Factor 1n N. CO CM 0 N Ln Lo N CO C o v1 N m d- I LD r 00 01 0 Ol Ol CT) CT) 07 Ol 0 0 0 0 0 0 0 0 0 0 c -I N N Ol Ol O) al CT Ol 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rl i--1 1-1 c-1 rl i--1 N NNNNN N N N N NNNN N N N N N N N N 9 Appendix C Recycling Historical Rates Recycling rates are per household (1999-2018) and per cart (2019 -present). These rates are collected through the property tax system as a special assessment. $8.00 $7.00 $5.00 $5.00 $4.00 $3.00 $2.00 $1.00 Per Household/Cart Rate O c -I N (0 ct V) t0 1� 00 Ql o c -I N CO d' u') 1.0 N CO al CD c -I 01 O 0 0 0 0 0 0 0 0 0 c-1 r-1 r1 ci c -I c -I c -i c-1 c"I c-1 N N 01 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c -I N N N N N N N N N N N N N N N N N N N NNN 10 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date December 8, 2020 ITEM NUMBER 1795 Eustis Street P&D Agree STAFF INITIAL HB APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The city attorney and planning consultant have been working on the draft purchase and develop- ment agreement. The city's financial planner would like an opportunity to review the document and discuss her piece of the puzzle with the group prior to presenting it to the Council. The goal is to have something ready to discuss on Tuesday. If not, the discussion will happen in January. OPTIONS: STAFF RECOMMENDATION: LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date December 8, 2020 ITEM NUMBER Council Meeting Start Time STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Historically, City Council meetings started at 7:30 p.m. This was changed recently to 7:00 p.m. though the end of 2020. Typically at the first meeting in January, the City Council es- tablishes the annual schedule. The next resolution calls for a public hearing on January 12 with a start time of 7:30 p.m. If the Council plans to keep the 7:00 p.m. start time for some or all of the year, please let staff know. We will bring the appropriate schedule to the next meeting for adoption as well as amend the resolution for the sale of the bonds, which is the next item on the agenda. OPTIONS: STAFF RECOMMENDATION: LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution X Work Session Meeting Date December 8, 2020 ITEM NUMBER STAFF INITIAL Calling of the Bond Sale APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Keith Dahl of Ehlers and Associates will be at the meeting to present the process and terms of the upcoming bond sale to refinance the bonds for 1795 Eustis Street. The details are in the following report. To continue moving forward, the Council needs to adopt Resolution No. 120820F. OPTIONS: STAFF RECOMMENDATION: Motion to adopt Resolution 120820F A Resolution Providing for the Sale of $1,390,000 Taxable General Obligation Tax Increment Revenue Refunding Bonds, Series 2021A. COUNCIL ACTION: Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. 120820F CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION PROVIDING FOR THE SALE OF $1,390,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REVENUE REFUNDING BONDS, SERIES 2021A A. WHEREAS, the City Council of the City of Lauderdale, Minnesota has heretofore determined that it is necessary and expedient to issue the City's $1,390,000 Taxable General Obligation Tax Increment Revenue Refunding Bonds, Series 2021A (the "Bonds"), to refinance the 2018A GO Tax Increment Bonds in the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent municipal advisor for the Bonds in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lauderdale, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to assist the City for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:30 p.m. on January 12, 2021, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Dated this 8th day of December, 2020. Mary Gaasch, Mayor (ATTEST) (SEAL) Heather Butkowski, City Administrator The motion for the adoption of the foregoing resolution was duly seconded by City Council Member and, after full discussion thereof and upon a vote being taken thereon, the following City Council Members voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. December 8, 2020 Pre -Sale Report for City of Lauderdale, Minnesota $1,390,000 Taxable General Obligation Tax Increment Revenue Refunding Bonds, Series 2021A g ott, EHLERs !! '1 I( 1 i Prepared by: Advisors: Ehlers 3060 Centre Pointe Drive Roseville, MN 55113 Stacie Kvilvang, Senior Municipal Advisor Jason Aarsvold, Senior Municipal Advisor Keith Dahl, Financial Specialist BUILDING COMMUNITIES. IT'S WHAT WE DO. BUILDING COMMUNITIES. IT'S WHAT WE DO. i info@ehlers-inc.com 1 (800) 552-1171 www.ehlers-inc.com EXECUTIVE SUMMARY OF PROPOSED DEBT Proposed Issue: $1,390,000 Taxable General Obligation Tax Increment Revenue Refunding Bonds, Series 2021A Purposes: The proposed issue includes refinancing of the 2018A GO TIF bonds which were used to acquire the former Chinese Church site in the City for redevelopment. This refunding is considered to be a Current Refunding as the obligations being refunded are either callable (pre -payable) now, or will be within 90 days of the date of issue of the new Bonds. Authority: The Bonds are being issued pursuant to Minnesota Statutes, Chapters: • 469 • 475 Because the City paying for at least 20% of the project costs with TIF from District No. 2, the Bonds can be a general obligation without a referendum and will not count against the City's debt limit. The Bonds will be general obligations of the City for which its full faith, credit and taxing powers are pledged. Term/Call Feature: The Bonds are being issued for a term of 3 years. Principal on the Bonds will be due on February 1, 2024. Interest is payable every six months beginning August 1, 2021 and will be paid from Bond proceeds deposited into a Capitalized Interest Fund. The Bonds will be subject to prepayment at the discretion of the City on January 28, 2021 or any date thereafter. Bank Qualification: Because the Bonds are taxable obligations they will not be designated as "bank qualified" obligations. Presale Report City of Lauderdale, Minnesota December 8, 2020 Page 1 Rating: The City's most recent bond issues were rated by S&P Global Ratings. The current ratings on those bonds are "AA". The City will request a new rating for the Bonds. If the winning bidder on the Bonds elects to purchase bond insurance, the rating for the issue may be higher than the City's bond rating in the event that the bond rating of the insurer is higher than that of the City. Basis for Recommendation: Based on our knowledge of your situation, your objectives communicated to us, our advisory relationship as well as characteristics of various municipal financing options, we are recommending the issuance of general obligation bonds as a suitable financing option for the following reasons: • This is a viable option available to finance this type of purchase under State law. • This is the most overall cost-effective option that still maintains future flexibility for repayment of the debt. • General obligation bonds provide the lowest possible interest cost. Method of Sale/Placement: We will solicit competitive bids for the purchase of the Bonds from underwriters and banks. We will include an allowance for discount bidding in the terms of the issue. The discount is treated as an interest item and provides the underwriter with all or a portion of their compensation in the transaction. If the Bonds are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance may be used to reduce your borrowing amount. Premium Pricing: In some cases, investors in municipal bonds prefer "premium" pricing structures. A premium is achieved when the coupon for any maturity (the interest rate paid by the issuer) exceeds the yield to the investor, resulting in a price paid that is greater than the face value of the bonds. The sum of the amounts paid in excess of face value is considered "reoffering premium." The underwriter of the bonds will retain a portion of this reoffering premium as their compensation (or "discount") but will pay the remainder of the premium to the City. The amount of the premium varies, but it is not uncommon to see premiums for new issues in the range of 2.00% to 10.00% of the face amount of the issue. This means that an issuer with a $2,000,000 offering may receive bids that result in proceeds of $2,040,000 to $2,200,000. Presale Report City of Lauderdale, Minnesota December 8, 2020 Page 2 For this issue of Bonds we have been directed to use the net premium to reduce the size of the issue for the project. The resulting adjustments may slightly change the true interest cost of the issue, either up or down. The amount of premium can be restricted in the bid specifications. Restrictions on premium may result in fewer bids, but may also eliminate large adjustments on the day of sale and unintended impacts with respect to debt service payment. Ehlers will identify appropriate premium restrictions for the Bonds intended to achieve the City's objectives for this financing. Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and find that, other than the obligations proposed to be refunded by the Bonds, there are no other refunding opportunities at this time. We will continue to monitor the market and the call dates for the City's outstanding debt and will alert you to any future refunding opportunities. Continuing Disclosure: Because the City has less than $10,000,000 in outstanding debt (including this issue) and this issue is over $1,000,000, the City will be agreeing to provide its Audited Financial Statements annually as well as providing notices of the occurrence of certain reportable events to the Municipal Securities Rulemaking Board (the "MSRB"), as required by rules of the Securities and Exchange Commission (SEC).The City is already obligated to provide such reports for its existing bonds, and has contracted with Ehlers to prepare and file the reports. Arbitrage Monitoring: The Bonds are taxable obligations and are therefore not subject to IRS arbitrage and yield restriction requirements. Risk Factors: Current Refunding: This refunding is being undertaken based in part on an assumption that the City does not expect to pre -pay off this debt prior to the new call date and that market conditions warrant the refunding at this time. Other Service Providers: This debt issuance will require the engagement of other public finance service providers. This section identifies those other service providers, so Ehlers can coordinate their engagement on your behalf. Where you have previously used a particular firm to provide a service, we have assumed that you will continue that relationship. For services you have not previously required, we have identified a service provider. Fees charged by these service providers will be paid from proceeds of the obligation, unless you notify us that you wish to pay them from other sources. Our pre -sale bond sizing includes a good faith estimate of these fees, but the final Presale Report City of Lauderdale, Minnesota December 8, 2020 Page 3 fees may vary. If you have any questions pertaining to the identified service providers or their role, or if you would like to use a different service provider for any of the listed services please contact us. Bond Counsel: Kennedy & Graven, Chartered Paying Agent: Bond Trust Services Corporation Rating Agency: S&P Global Ratings (S&P) Summary: The decisions to be made by the City Council are as follows: • Accept or modify the finance assumptions described in this report • Adopt the resolution attached to this report. This presale report summarizes our understanding of the City's objectives for the structure and terms of this financing as of this date. As additional facts become known or capital markets conditions change, we may need to modify the structure and/or terms of this financing to achieve results consistent with the City's objectives. Presale Report December 8, 2020 City of Lauderdale, Minnesota Page 4 PROPOSED DEBT ISSUANCE SCHEDULE Pre -Sale Review by City Council: December 8, 2020 Due Diligence Call to review Official Statement: Week of January 4, 2021 Distribute Official Statement: Week of December 28, 2020 Conference with Rating Agency: Week of January 4, 2021 City Council Meeting to Award Sale of the Bonds: January 12, 2021 Estimated Closing Date: January 27, 2021 Redemption Date for the Obligations Being Refunded: February 1, 2021 Attachments Estimated Sources and Uses of Funds Estimated Proposed Debt Service Schedule Resolution Authorizing Ehlers to Proceed with Bonds Sale Presale Report December 8, 2020 City of Lauderdale, Minnesota Page 5 EHLERS' CONTACTS Stacie Kvilvang, Senior Municipal Advisor (651) 697-8506 Jason Aarsvold, Senior Municipal Advisor (651) 697-8512 Keith Dahl, Financial Specialist (651) 697-8595 Silvia Johnson, Public Finance Analyst (651) 697-8580 Alicia Gage, Senior Financial Analyst (651) 697-8551 The Preliminary Official Statement for this financing will be sent to the City Council at their home or email address for review prior to the sale date. Presale Report December 8, 2020 City of Lauderdale, Minnesota Page 6 Lauderdale, Minnesota $1,390,000 Taxable G.O. Tax Increment Revenue Refunding Bonds, Series 2021A Current Refunding of GO TIF Bonds, Series 2018A Assumes Current Market Taxable AA Rates plus 15bps Sources & Uses Dated 01/27/2021 l Delivered 01/27/2021 Sources Of Funds Par Amount of Bonds $1,390,000.00 Total Sources $1,390,000.00 Uses Of Funds Total Underwriter's Discount (0.600%) Costs of Issuance Deposit to Capitalized Interest (CIF) Fund Deposit to Current Refunding Fund Rounding Amount 8,340.00 36,500.00 33,159.22 1,307,626.25 4,374.53 Total Uses $1,390,000.00 Series 2021A TAXGOTIF Ref 1 SINGLE PURPOSE 1 12/ 2/2020 1 9:12 AM ��EHLERS Lauderdale, Minnesota $1,390,000 Taxable G.O. Tax Increment Revenue Refunding Bonds, Series 2021A Current Refunding of GO TIF Bonds, Series 2018A Assumes Current Market Taxable AA Rates plus 15bps Detail Costs Of Issuance Dated 01/27/2021 I Delivered 01/27/2021 COSTS OF ISSUANCE DETAIL Municipal Advisor $17,500.00 Bond Counsel $8,000.00 Rating Agency Fee $10,000.00 Miscellaneous $1,000.00 TOTAL 536,500.00 Series 2021A TAXGOTIF Ref 1 SINGLE PURPOSE 1 12/ 2/2020 1 9:12 AM hN iEHLE.RS Lauderdale, Minnesota $1,390,000 Taxable G.O. Tax Increment Revenue Refunding Bonds, Series 2021A Current Refunding of GO TIF Bonds, Series 2018A Assumes Current Market Taxable AA Rates plus 15bps Debt Service Schedule 105% of Date Principal Coupon Interest Total P+I CIF Net New D/S Total 02/01/2021 - 02/01/2022 13,351.72 13,351.72 (13,351.72) 02/01/2023 - 13,205.00 13,205.00 (13,205.00) - 02/01/2024 1,390,000.00 0.950% 13,205.00 1,403,205.00 (6,602.50) 1,396,602.50 1,466,432.63 Total 51,390,000.00 $39,761.72 $1,429,761.72 (33,159.22) 51,396,602.50 $1,466,432.63 Significant Dates Dated First Coupon Date Yield Statistics 1/27/2021 8/01/2021 Bond Year Dollars $4,185.44 Average Life 3.011 Years Average Coupon 0.9499999% Net Interest Cost (NIC) 1.1492619% True Interest Cost (TIC) 1.1533053% Bond Yield for Arbitrage Purposes 0.9499913% All biclusive Cost (AIC) 2.0603970% Series 2021A TAXGOTIF Ref 1 SINGLE PURPOSE 1 12/ 2/2020 1 9:12 AM 6":411.ERS LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session X Meeting Date December 8, 2020 ITEM NUMBER Metro-Inet JPA STAFF INITIAL ca -P APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: In the 1990s, the cities of Mounds View and Lauderdale entered into agreements with the city of Roseville for the sharing of technology support. The idea took off and Roseville now has 35 full-service contracts with cities, watershed districts, and other independent munici- pal organizations. On top of this, Roseville has contracts with other cities for the provision of specialized technological services like telephony and mobile public safety technology. This amazing collaboration was the creation of Roseville employee Terre Heiser. Keeping 30 cities happy must have been exhausting but Terre did it until he retired about one year ago. He long advocated for the consortium of cities to organize into a joint powers organi- zation (JPA) so it would be owned and managed by the whole instead of just the city of Ro- seville. Over the years, attempts were made and each thwarted by the difficulty of wran- gling 30+ city attorneys to agreement on contract language and some of the 30+ city coun- cils preferring the control they felt they had with the one-on-one agreements with Roseville. With Terre's retirement, it finally put pressure on the group to get the JPA up and running. The draft JPA was prepared by an attorney at Kennedy and Graven. Ron did a quick review and approves. The transition to a JPA is important to maintain working relationships and move the organization forward. OPTIONS: STAFF RECOMMENDATION: Motion to adopt the Joint Powers Agreement for the Establishment of the North East Metro- politan Area Municipal Internetworking Collaborative, to be Known as "Metro-Inet." J1SE VILLL REQUEST FOR COUNCIL ACTION Date:December 7, 2020 Item No.: Department Approval City Manager Approval Item Description: Consider Approval of the Metro -INET Joint Powers Agreement 1 BACKGROUND 2 Currently the City of Roseville provides information technology (IT) services to 44 other local 3 governmental agencies. The City first began providing IT services in 1999 and since that time this 4 collaboration has evolved to what is Metro -INET today. 5 6 On March 16, staff presented an update to the City Council on the efforts to transform Metro -INET 7 from a Roseville operation to joint powers authority model. From that meeting, the City Council 8 indicated a desire to pursue evolving Roseville's Metro -INET to a joint powers authority. 9 As this work and conversation began with the members of Metro -INET, the world was plunged into 10 the COVID-19 pandemic. As a result, many months were lost as Metro -INET members dealt with 11 the pandemic in their community and its impact on their organizations. 12 A working group of six members, along with Metro -INET staff, have been working with Attorney 13 Jim Strommen of Kennedy and Graven to craft the draft joint powers agreement which will need to 14 be ratified by each Metro -INET member. The draft document was sent to all members for their 15 review by each member's attorney. To -date, there has been no issues with the proposed agreement 16 from other members and many members are scheduling consideration by their board or City Council 17 in December. Given the short time remaining this year, it is expected that the approvals by all 18 members will not be completed until the first couple of months in 2021. 19 Once the member approvals are completed, Metro -INET will constitute itself and begin the process 20 of transition from a City of Roseville enterprise to a joint powers authority. One of the first actions 21 the Metro -INET Board will need to take is to hire an Executive Director to assist the Board in the 22 transition. It is expected that it will take all of 2021 to fully transition Metro -INET, including having 23 the City of Roseville IT staff become employees of the Metro -INET joint powers authority. 24 Additional information about the process is included in the Metro -INET joint powers agreement 25 transition plan included as Attachment A. 26 Details of the JPA are outlined in a memo prepared by the City Manager to Metro -INET members. 27 (Attachment B). The final draft of the JPA is included as Attachment C. The JPA has been 28 reviewed by City Attorney Gaughan and he finds the agreement acceptable. 29 Page 1 of 2 0 POLICY OBJECTIVE Roseville has long valued shared partnerships with other local government entities and the private 2 sector to provide cost-effective and efficient services to the community. Since its creation, Metro I- 3 Net has been a model of partnership of providing local government IT services in the Twin Cities 4 metro. 5 BUDGET IMPLICATIONS 6 It is expected that a Metro I -Net joint powers entity would raise the cost for every member due to 7 increased overhead for leasing space and costs for personnel services (payroll and other HR 8 services). These costs have been factored into the 2021 Metro -INET budget using existing funds 9 and the 202lcost allocations assigned to each member, including Roseville. 0 STAFF RECOMMENDATION 1 Staff recommends the City Council approve entering into the Metro -INET joint powers agreement as 2 shown in Attachment C. 3 REQUESTED COUNCIL ACTION 4 Motion to approve the Metro -INET joint powers agreement as shown in Attachment C. Prepared by: Patrick Trudgeon, City Manager (651) 792-7021 Attachment: A: Metro -INET joint powers authority transition plan B: Memo to Metro -INET members dated December 1 C: Metro -INET Joint Powers Agreement Page 2 of 2 ik:_AISEVILLE City anager's Office Memo To: Metro -INET Members cc: Pete Bauer & Jason Swalley, Metro -INET From: Patrick Trudgeon, Roseville City Manager Date: December 1, 2020 Re: Metro -INET Joint Powers Agreement Metro -INET originally started as a collaboration between Roseville and Mounds View to share IT resources in 1999. Since that time, Metro -INET has grown to 35 member organizations receiving full IT services and 9 associate members receiving limited IT services. Not only has the number of Metro -INET members grown, each member agency's needs have grown exponentially. Some examples in recent years include the deployment of laser fiche, remote computer access, electronic door access, wireless access points, as well as body cam support for law enforcement. Currently, Metro -INET is under organizational control of the Roseville City Manager and Roseville City Council. All Metro -INET employees are actually Roseville employees and fall under Roseville personnel policy, its liability coverage, and compensation structure. The Roseville City Manager makes employment decisions for Metro -INET including the hiring and termination of employees. The City of Roseville includes the $3.5 million Metro -INET budget as part of its city budget. While this arrangement has worked for many years, the following issues is making it harder to keep Metro -INET sustainable into the future: ® Roseville City Council concern about the amount of Metro -INET staff and the added liability and carrying costs for that amount of employees ® Roseville City Council concern the use of space within City given other city department space needs • The Roseville employee compensation plan lags behind the market for other local governments and especially with LOGIS, a joint powers entity that provides IT services to many local governments in the Twin Cities. LOGIS has recruited several Metro -INET staff members over the past couple of years ® As a result of the Roseville compensation plan and organizational structure, it is not possible to create the necessary executive leadership to guide the large $3.5 million Metro -INET enterprise • Finally, it should be noted that the Roseville City Council could at any time decide to no longer be the lead agency for Metro -INET and a result, breakup Metro -INET and let members figure out how to best provide IT services for their organization. It should be pointed out that Roseville City Council has not discussed doing this, but it is always a potential concern in the future. Having Metro -INET as a joint powers entity does provide members more direct control over governance of Metro -INET, including costs, personnel, and policies and takes away uncertainty of the future of Metro -INET. In 2020, a sub -committee of Metro -INET members met to work on a draft of the joint powers agreement. Working with Attorney Jim Strommen of Kennedy and Graven, the sub- committee finalized the JPA document. The sub -committee shared the draft JPA agreement with the League of Minnesota Cities General Counsel and the League of Minnesota Insurance Trust staff for their review. They suggested several changes to the document that have been incorporated into the final versions. Finally, the sub -committee distributed the draft document to all members so that their specific city/board attorney could review the document. To -date, we have not received any significant comments that changes the document. The highlights of the joint powers agreement are as follows: • The initial members of the JPA will be the current members of Metro -INET • JPA is planned to become effective on 1/1/2021 • Metro -INET will be governed by a Board of Directors with each member having a Director and Alternate designated • Metro -INET board meetings subject to open meeting law • Each member will have the number of votes equivalent to its share of the budget • Members will not be allowed to vote if they are in default of their financial obligation or violation of IT security policies • Metro -INET board will meet at least four times (Jan., April, July, Oct.) annually • Metro -INET board will have officers elected to 3 -year terms • Metro -INET board will have power take all action in establishing and managing the operations of Metro -INET • Metro -INET board will enter into a contract with a member to serve as the fiscal and operations agent for the organization • Metro -INET board will hire an executive director who will be responsible for day-to- day operations • The executive director will have broad authority to run the operations of Metro -INET • The executive director can be terminated by a 2/3 vote of the Metro -INET board • The Metro -INET board will establish an executive committee consisting of the 5 board officers. The fiscal agent and Executive Director will serve as ex officio members of the executive committee in an advisory and non-voting capacity • The executive committee would meet on a more frequent basis and work on duties as assigned by the board such as the budget and administrative issues • The JPA outlines the schedule for the creation and consideration of the annual budget. • The JPA creates 3 different classes of charges • Class 1 — Core Services • Class 2 — Supplemental • Class 3 —Necessary additional charges • The class charges are described in more detail as Attachment A of the JPA • The JPA outlines procedures for members to withdraw from Metro -INET • JPA creates a Metro -INET "Associate" which is an entity that is receiving a contractual service from Metro -INET • The JPA has no termination date but does outline procedures to dissolve the organization For 2021, there are no additional costs that will be borne by members by entering into the JPA. Costs for the transition have been incorporated into the budget numbers given to each member earlier in 2020. It is expected that starting in 2022, there will be additional administrative costs for the JPA. The final financial impact, however, will be decided by the newly constituted Metro -INET board. TRANSITION PLAN FOR METRO I -NET This plan is created to guide the transition from City of Roseville Metro I -Net (RMI) to Metro I -Net Joint Powers Authority (MIJPA) Purpose of transition plan • Allow for orderly transition of operations, personnel, and assets from RMI to MIJPA • Identify transition costs • Create a measured pace of transition to allow for comfort of existing RMI employees and RMI agencies Given where we find ourselves here in 2020, during the COVID pandemic, this transition plan is underpinned by the following milestones: • In 2020, the framework and costs of the new MIJPA will be established and agreed upon by the RMI agencies. • In 2021, the MIJPA as an entity will be established, the MIJPA Board will be elected and begin to meet, and the MIJPA Executive Director will be hired and begin to create an institutional framework for the MIJPA • In 2022, all assets and personnel will be assigned to the MIJPA TIMELINE FOR WORI( FOR 2020 (MIJPA CREATION) Summary: The working group will finalize the draft joint powers agreement and send it out for review by agency managers and their legal counsels. Metro I -Net members are expected to approve the JPA by the end of the year. The City of Roseville, in conjunction with RMI staff will identify costs to service MIJPA during the interim period of the transition in 2021 and begin the process of identifying costs for transferring assets from RMI to MIJPA DETAILS OF 2020 WORK PLAN METRO 1 -NET WORKING GROUP In 2020, the Metro I -Net Working Group will do the following: • Approve JPA transition plan • Review draft Joint Powers Agreement • Finalize language with Attorney Strommen • Review JPA transition costs for 2021 • Identify long-term cost estimates for administrative/financial/legal services for MIJPA • Provide member agencies an estimate of costs for the transition and final implementation of the MIJPA • Assist in getting approval of JPA by all member agencies CITY OF ROSEVILLE/ROSEVILLE METRO 1 -NET In 202o, the City of Roseville/Roseville Metro I -Net will do the following: • Identify costs to serve MIJPA during the transition • Identify costs for transferring assets to MIJPA • Assist the working group in identifying long-term costs for administrative/financial/legal services for MIJPA • Assist in getting approval of JPA by all member agencies METRO 1 -NET MEMBER AGENCIES In 2020, the Roseville Metro I -Net member agencies will do the following: • Review the draft Metro I -Net joint powers agreement • Secure approval of JPA from governing bodies TIMELINE FOR WORK FOR 2021(MIJPA TRANSITION) Summary: Upon approval of the joint powers agreement by all member agencies, the MIJPA will officially incorporate. Per the joint powers agreement, the board of the directors for the MIJPA will convene and elect officers. Once constituted, the MIJPA Board officers will be elected and consider agreements to cover the transition period (defined as calendar year 2021) for legal, administrative and financial services. The Board will also recruit and hire the Metro I -Net Executive Director (MIED). Once hired, the MIED will begin drafting organizational policies and determine longer term legal, HR/Administrative, and financial services as well as determining and securing space needs. In order to allow for an orderly transition in employees receiving wages and benefits and to ensure minimal disruption to member agency services, Metro I -Net employees will remain employees of the City of Roseville during 2021. DETAILS OF 2021 WORK PLAN METRO I -NET BOARD • Incorporate Metro I -Net as a joint powers authority • Hold first board business meeting o Elect Chair and other officers o Enter into agreements for interim period of 2021 ■ Legal ■ HR/Admin ■ Financial • Begin recruitment and hire Metro I -Net Executive Director (MIED) • Enter into agreement with City of Roseville regarding management of Roseville Metro I -Net employees by Metro I -Net Executive Director during interim period • Carry out board business as described in joint powers agreement, including setting a 2022 budget. METRO I -NET EXECUTIVE DIRECTOR • MIED is sole employee of MIJPA • MIED focuses on administrative duties O Organizational policies O Service Contracts ■ Legal ■ Administrative/HR ■ Financial/Payroll O Determining space needs and securing space CITY OF ROSEVILLE/ROSEVILLE METRO I -NET • Provide administrative/HR/financial services to MIJPA • Enter into agreement with MIJPA regarding management of Roseville Metro I - Net employees by Metro I -Net Executive Director during interim period • Assist in transition of RMI assets and employees to MIJPA employees at the start of 2022 MIJPA TRANSITION COMPLETE - JANUARY 2022 a) f0 N 4-, 0) 0A O CO CO CD to Lf) Lf) m 4-, a) 00 m 0) a) E a) 2 O N m Ol N c -i N N c -i N N 111 -i N CO c -i N c-1 m c-1 N N N V1 N N .-i N 00 0 N l0 d' d ci N o 0 O m g 0 O 00 o 0 O c -i o 0 O N g 0 O .-i 2.00 0 0 O N 0 0 O c -I 2.00%I 0 0 0 N 5.00%I 0 0 0 c -i 2.00%I 3.00% 1.00% 2.00% 0 O c -i 0 0 O m 0 0 O c -i 0 0 O N 7.00% 2.00% 5.00% 2.00% 2.00% 0 0 O c -I g 0 O N g 0 O 00 g 0 O O N 2.00% o 0 O lD g 0 O d' o 0 O d' g 0 O c -i 2.00% o 01 N Ni g CO N 00 g CO N O o N c --I c -i o 00 d. 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EXECUTIVE DIRECTOR 7 69 Section 7.1 Fiscal and Operations Agent 7 70 Section 7.2 Executive Director 7 71 Section 7.3 Term of Executive Director 8 72 73 ARTICLE VIII EXECUTIVE COMMITTEE 8 74 Section 8.1 Membership of Executive Committee 8 75 Section 8.2 Bylaws of Executive Committee 8 76 Section 8.3 Quorum 8 77 Section 8.4 Regular Meetings 8 78 Section 8.5 Special Meetings 8 79 Section 8.6 Notice of Meetings 8 80 Section 8.7 Duties and Responsibilities 8 81 Section 8.8 Preparation and Modification of Charges 9 82 83 ARTICLE IX FINANCIAL MATTERS 9 84 Section 9.1 Fiscal Year 9 85 Section 9.2 Adoption of Annual Budget 9 86 Section 9.3 Cost Sharing Charges 9 87 Section 9.4 Invoices to Members 9 88 Section 9.5 Classification of Cost Sharing Charges 10 89 Section 9.6 Special Financial Assistance from Members 10 90 Section 9.7 Expenditures 11 ii 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 Section 9.8 Contracts 11 ARTICLE X WITHDRAWAL 11 Section 10.1 Notice of Withdrawal 11 Section 10.2 Claim to Assets upon Withdrawal 11 Section 10.3 Financial Obligations upon Withdrawal 11 Section 10.4 Financial Obligations prior to Withdrawal 12 ARTICLE XI ASSOCIATES 12 Section 11.1 Associates 12 Section 11.2 Admission of Associates 12 Section 11.3 Confirmation of Associate Status 12 Section 11.4 Appointment of Director and Alternate Director 12 Section 11.5 Charges 12 Section 11.6 Application to Become a Member 12 Section 11.7 Notice of Withdrawal as Associate 12 ARTICLE XII DISSOLUTION 12 Section 12.1 Dissolution 12 Section 12.2 Effectuation of Dissolution 13 Section 12.3 Distribution of Assets and Payment of Outstanding Obligations 13 Section 12.4 Allocation of Deficit 13 Section 12.5 Distribution of Computer Software 13 ARTICLE XIII INDEMNIFICATION 13 Section 13.1 Cooperative Activity of Single Governmental Unit 13 Section 13.2 Indemnification 13 ARTICLE XIV AMENDMENT 14 Section 14.1 Amendment of JPA 14 ARTICLE XV MISCELLANEOUS 14 Section 15.1 Data Practices 14 Section 15.2 Audit 14 Section 15.3 Counterparts 14 Section 15.4 Headings 14 Section 15.5 Severability 14 Section 15.6 Applicable Law 14 ARTICLE XVI DURATION 15 Section 16.1 Term 15 iii v.11.9.20 132 JOINT POWERS AGREEMENT FOR THE ESTABLISHMENT OF 133 THE NORTH EAST METROPOLITAN AREA MUNICIPAL 134 INTERNETWORKING COLLABORATIVE 135 136 The parties to this joint powers agreement ("JPA") are local governmental units ("LGUs") 137 of the State of Minnesota authorized to enter into this JPA. This JPA is made and entered into 138 pursuant to Minnesota Statutes, Section 471.59. 139 140 ARTICLE I 141 GENERAL PURPOSE 142 143 Section 1.1. Purpose. The general purpose of this JPA is to provide for an organization 144 that the participating Members may jointly and cooperatively provide for the development and 145 operation of IT Services for the use and benefit of the Members, and others. To the extent permitted 146 by law, the Members will support the establishment of the IT Services and seek to expand the 147 number of participating agencies either as Members or as non -Member LGUs receiving services 148 from Metro -INET. 149 ARTICLE II 150 DEFINITION OF TERMS 151 152 Section 2.1. Definitions. The terms defined in this Article shall have the meanings given 153 them for the purposes of this JPA. 154 155 Section 2.1.1. Metro -INET. "Metro -INET" means the "North East Metropolitan Area 156 Municipal Internetworking Collaborative," the organization created by this JPA. 157 158 Section 2.1.2. IT Services. "IT Services" means the development, operation and 159 maintenance of advanced internet networking and data services through ownership or lease of any 160 and all systems, equipment, technology or means and methods necessary to provide competitive, 161 up-to-date IT services to Members and non -Member LGUs. 162 163 Section 2.1.3. Board. "Board" means the Board of Directors of Metro -INET, consisting 164 of one Director from each LGU participating as a Member of Metro -INET pursuant to this JPA. 165 166 Section 2.1.4. LGU. "LGU" means any city, township, independent public safety 167 organization, watershed management organization, watershed district, cable commission or other 168 political subdivision of the State of Minnesota that is qualified to enter into joint powers 169 agreements as defined in Minnesota Statutes, Section 471.59, and as it may be amended from time 170 to time. 171 172 Section 2.1.5. Member. "Member" means an LGU that enters into this JPA and is at the 173 time involved, a Member in good standing. 174 175 Section 2.1.6. Associate. "Associate" means an LGU that is not a Member but has agreed 176 to affiliate with Metro -INET in accordance with Article XI and other applicable JPA provisions. 1 177 Section 2.1.7. Data. "Data" means all information in digital form that can be transmitted 178 or processed. 179 180 ARTICLE III 181 MEMBERSHIP 182 183 Section 3.1. Eligibility. Any Minnesota LGU is eligible to be a Member of Metro-INET. 184 185 Section 3.2. Execution of JPA and Payment of Member Charges. An LGU desiring to 186 be a Member shall execute a copy of this JPA and shall pay all Member charges, prorated if 187 appropriate, under Article IX. 188 189 Section 3.3. Initial Members. The initial Members of Metro-INET shall be the City of 190 Roseville ("Roseville") and those LGUs that are parties to a joint powers agreement or an 191 otherwise existing contractual arrangement for IT Services from Roseville, on or prior to 192 December 31, 2020. Upon the execution of this JPA by an initial Member, the clerk or other 193 corresponding officer shall file with the Roseville City Manager a copy of the executed JPA, 194 together with a certified copy of the authorizing resolution or other action. The resolution 195 authorizing the execution of this JPA shall also designate the Member's Director and Alternate 196 Director ("Alternate"). 197 198 Section 3.4 Transition of Initial Member IT Services Agreements. Any joint powers 199 agreement or contract for IT Services between two or more Metro-INET Members that has not 200 been terminated prior to the Effective Date of this JPA shall be terminated by the affected parties 201 at the earliest possible date, without disrupting the delivery of IT Services to the affected parties. 202 After the Effective Date, any term of an earlier agreement for IT Services still in force shall be 203 interpreted not to conflict with this JPA, which shall supersede the earlier agreement if the earlier 204 agreement and this JPA cannot be reconciled. The Board shall have authority to take any action it 205 deems reasonable and prudent to facilitate the transition to Metro-INET by any initial Member, 206 including the creation of a committee authorized to assist affected parties in the termination of 207 earlier agreements and to seek Board approval of action necessary to facilitate the transition. 208 209 Section 3.5. Effective Date. This JPA shall become effective on January 1, 2021 [[or other 210 date agreed upon by the initial Members]] ("Effective Date"). Within thirty (30) days after the 211 Effective Date, the Roseville City Manager shall call the first meeting of the Board, which shall 212 be held not later than fifteen (15) days after the notice has been delivered to each Director and 213 Alternate. 214 215 Section 3.6. New Members. LGUs that do not qualify for initial membership under 216 Section 3.3 and seek to join Metro-INET shall be admitted by a vote of the Board as it determines 217 at its organizational meeting, or as soon thereafter as the Board may decide and adopt in the 218 bylaws. 219 220 Section 3.7. Conditions of Membership. The Board may impose additional conditions 221 upon the admission of new Members. 222 2 223 Section 3.8. Appointment of Directors. Directors and Alternates shall be appointed by 224 the Member governing body to serve until their successors are appointed and qualified. Directors 225 shall be the chief administrative officer of the Member. 226 227 ARTICLE IV 228 BOARD OF DIRECTORS 229 230 Section 4.1. Governing Body. Metro -INET shall be governed by a Board of Directors 231 consisting of a Director and Alternate from each Member. At the organizational meeting and 232 annually thereafter, the Board shall elect an executive committee that may advise or act for the 233 Board as the Board may delegate to the executive committee as necessary, upon meetings duly 234 called, as provided in Article VIII. 235 236 Section 4.2. Appointment of Alternate Directors. Each Member shall appoint one 237 Alternate to the Director. The Alternate shall be entitled to attend all meetings of the Board and 238 may vote in the absence of the Director. 239 240 Section 4.3. No Proxy Voting. There shall be no voting by proxy. All votes must be cast 241 in person at Board meetings by the Director or Alternate, unless the meeting is duly conducted in 242 accordance with Minnesota Statutes, Sections 13D.02 (interactive TV) or 13D.021 (telephone or 243 other electronic means allowed if health pandemic or emergency). 244 245 Section 4.4. Notice of Change of Director or Alternate Director. When the Member 246 changes its designated Director or Alternate the Member shall provide written notice to Metro - 247 INET with the name, email address and mailing address of the person so appointed. 248 249 Section 4.5. Compensation of Directors and Alternate Directors. Directors and 250 Alternates shall serve without compensation from Metro -INET, but it shall not prevent a Member 251 from providing compensation for its Director or Alternate if such compensation is lawfully 252 authorized by such Member. 253 254 Section 4.6. Number of Votes Held by Directors. Unless otherwise expressly provided 255 herein, each Director shall have the number of votes equivalent to the Member's share of Metro - 256 INET's annual budget, as established by the Board and calculated as follows: Each Member's 257 percentage share of Metro-INET's annual budget shall be determined by Member use of Metro - 258 INET IT Services. Said Member share shall be rounded up to the nearest whole number, and that 259 number shall be the Member's total number of votes in any vote of the Board. Members shall have 260 at least one vote. The number of votes for initial Members, and the total votes of the Directors for 261 the initial Board, shall be as set forth in the attached Exhibit A, and is subject to change annually 262 with the addition or subtraction of Members. The number of votes for each Director shall be 263 recalculated annually upon the adoption by the Board of the next fiscal year budget. Upon the 264 addition of a new Member, the Board shall estimate the new Member's share of Metro-INET's 265 annual budget for the period prior to adoption of the succeeding year's budget and assign the 266 proportionate number of votes to the new Member for the remainder of that fiscal year. The number 267 of votes of existing Members shall not change during the year that new Member or Members join 268 Metro -INET. 3 269 Section 4.7. Quorum. The presence of at least ten (10) Directors of Members in good 270 standing at a regular or special meeting shall constitute a quorum of the Board allowing it to 271 transact business, provided that the ten Directors hold at least a majority of the total Member votes. 272 273 Section 4.8. Motions. A majority of the Member vote totals represented by those Directors 274 present at a meeting is required to pass all motions, unless a greater majority is provided in this 275 WA. 276 277 Section 4.9. Suspension of Vote. A Director, or Alternate shall not be eligible to vote 278 during the time the Member they represent has been notified by Metro-INET that it is in default 279 on any required assessment, contract or other contribution to Metro-INET or regarding security 280 breaches or other acts deemed by the Board to materially impair the quality of IT Services provided 281 by Metro-INET. During the existence of such default, the vote(s) of such Member shall not be 282 counted for the purposes of a meeting quorum or majority on a Board meeting vote. If a Member 283 remains in default for a period of more than forty-five (45) days after written notice on failure to 284 pay any billing from Metro-1NET or notice of other default referenced above, the Board may act 285 to terminate the Member from Metro-INET by a majority vote of the Board at a regular meeting 286 or special meeting called for that purpose. 287 288 Section 4.10. Bylaws. At the Metro-INET organizational meeting the Board shall adopt 289 bylaws governing its procedures, including but not limited to, the time, place and frequency of its 290 regular meetings or procedures and voting majorities required for certain votes. Such bylaws may 291 be amended from time to time pursuant to Section 4.8 of this JPA. 292 293 Section 4.11. Remuneration of Director or Alternate Expenses. The Board shall have no 294 obligation to pay remuneration of Director or Alternate expenses, which shall be subject to the policies of 295 Member appointing them. The Board may, however, in its sole discretion, pay the reasonable and 296 necessary expenses of officers, Directors and Alternates incurred in connection with special duties 297 they undertake on behalf of Metro-INET, but such reimbursement shall not include the expenses 298 incurred solely for attending meetings of Metro-INET within the seven-county Twin Cities 299 metropolitan area. 300 301 302 Section 4.12. Removal of Directors. Any Director or Alternate shall be subject to removal 303 by the governing body of the Member. 304 305 Section 4.13. Director Vacancies. A vacancy on the Board shall be promptly filled by the 306 governing body of the Member whose position on the Board is vacant. 307 308 ARTICLE V 309 MEETINGS AND OFFICERS 310 311 Section 5.1. Special Meetings. Special meetings of the Board may be called: (a) by the 312 chair; (b) by the executive committee; or (c) upon the written request of a majority of the Directors. 313 Subject to an emergency exception, as defined by statute, at least three (3) days' written notice of 4 314 special meetings shall be published and given to all Directors and Alternates. Such notice shall 315 include the agenda for the special meeting and the time, date and location of the meeting. 316 317 Section 5.2. Regular Meetings. The specific date, time and location of regular meetings 318 of the Board shall be determined by the Board as provided in the Bylaws. The Board shall be 319 required to meet at least four (4) times a year. Its regular meetings shall be held on the dates and 320 at times of each January, April, July and October as determined by the Board at the October 321 meeting and duly published to establish the four regular meetings. 322 323 Section 5.3. Notice of Regular Meetings. Notice of regular meetings of the Board shall 324 be given to the Directors and Alternates by the secretary at least fifteen (15) days in advance of 325 the meeting and the agenda for such meetings shall accompany the notice. However, business at 326 regular meetings of the Board need not be limited to matters set forth in the agenda. 327 328 Section 5.4. Public Meetings. Meetings of the Board and of the executive committee shall 329 be considered "public" meetings. Notices, agendas, and schedules of such meetings shall be given, 330 maintained and distributed pursuant to the Open Meeting Law, Minnesota Statutes, Section 331 13D.01, et seq. 332 333 Section 5.5. Officers. The officers of the Board shall consist of the chair, vice-chair, 334 secretary and two (2) officers-at-large, who shall be elected by the Directors at the organizational 335 meeting of the Board. The chair and vice-chair shall be elected to three-year (3) terms, 336 commencing at the organizational meeting of the Board and every three (3) years thereafter. The 337 secretary shall be elected to a two-year (2) term, commencing at the organizational meeting of the 338 Board, and shall be elected to three-year (3) terms following the completion of the initial term 339 every three (3) years thereafter. The officers-at-large shall be elected to a one-year (1) term, 340 commencing at the organizational meeting of the Board, and shall be elected to three-year (3) 341 terms following the completion of the initial term every three (3) years thereafter. The intent of 342 the election of officers is to ultimately establish three-year (3), staggered terms of officers with the 343 chair and vice-chair being elected in the same year. Other than the organizational meeting of the 344 Board, new officers shall take office at the adjournment of the meeting of the Board at which they 345 are elected. 346 347 Section 5.6. Chair and Vice Chair. The chair shall preside at all meetings of the Board 348 and the executive committee. The vice-chair shall act as chair in the absence of the chair. 349 350 Section 5.7. Secretary. The secretary shall be responsible for keeping a record of all of the 351 proceedings of the Board and the executive committee. 352 353 Section 5.8. Officer Vacancies. A vacancy shall immediately occur in the office of any 354 officer upon his or her resignation, death or upon ceasing to be an employee of the Member. Upon 355 a vacancy occurring in any office, the Alternate shall serve until the Member appoints a new 356 Director. 357 5 358 ARTICLE VI 359 POWERS AND DUTIES OF THE BOARD 360 361 Section 6.1. Powers and Duties. The powers and duties of the Board shall include the 362 powers set forth in this Article. 363 364 Section 6.2. General Purpose. The Board shall take such action as it deems necessary and 365 appropriate to accomplish the general purposes of the organization including, but not limited to, 366 the establishment of data processing and information systems, engaging in the development and 367 implementation of the necessary programs therefor, acquiring any necessary site, purchasing any 368 necessary supplies, equipment and machinery, employing any necessary personnel and operating 369 and maintaining any systems for the handling of data processing and management information for 370 the Members and for others. Any of the foregoing activities, or any other activities authorized by 371 the JPA, may be accomplished by entering into contracts, leases or other agreements with others, 372 whenever the Board shall deem this to be advisable. 373 374 Section 6.3. Governance. The Board shall have full supervisory control and management 375 of the affairs of Metro-INET including the power to make contracts as it deems necessary to make 376 effective any power to be exercised by Metro-INET pursuant to this JPA; to provide for the 377 prosecution and defense or other participation in actions or proceedings at law in which it may 378 have an interest; to employ such persons as it deems necessary to accomplish its duties and powers 379 on a full-time, part-time or consulting basis; to conduct such research and investigation as it deems 380 necessary on any matter related to or affecting the general purposes of the organization; to acquire, 381 hold and dispose of property both real and personal as the Board deems necessary; and to contract 382 for space, materials, supplies and personnel with a Member or Members or with others. 383 384 Section 6.4. Membership Dues. The Board may establish and collect membership dues. 385 386 Section 6.5. Service Charges. The Board may establish and collect charges for its services 387 to Members and to others. 388 389 Section 6.6. Gifts, Loans and Grants. The Board may accept gifts, apply for and use 390 grants or loans of money or other property from the state, or any other governmental units or 391 organizations and may enter into agreements required in connection therewith and may hold, use 392 and dispose of such moneys or property in accordance with the terms of the gift, grant, loan or 393 agreement relating thereto. 394 395 Section 6.7. Annual Audit. The Board shall cause an annual independent audit of the 396 books to be made and shall make an annual financial accounting and report in writing to the 397 Members. Its books and records shall be available for and open to examination by its Members at 398 all reasonable times. 399 400 Section 6.8. Annual Budget. The Board shall establish the annual budget for the 401 organization as provided in this JPA. 402 6 403 Section 6.9. Delegation to Executive Committee. The Board may delegate authority to 404 the executive committee of the Board, between Board meetings. Such delegation of authority shall 405 be by resolution of the Board and may be conditioned in such manner as the Board may determine. 406 407 Section 6.10. Accumulation and Maintenance of Capital. The Board may accumulate 408 and maintain reasonable working capital reserves and may invest and reinvest funds not currently 409 needed for the purposes of the organization. Such investment and reinvestment shall be in 410 accordance with and subject to the laws applicable to the investment of city funds. 411 412 Section 6.11. Data, Data Processing and Management Information Systems. The 413 Board shall make Metro -INET data processing and management information systems available to 414 its Members, subject to reasonable charges for the development and processing thereof. Metro - 415 INET shall not own Member Data, which shall be returned to the Member upon its withdrawal 416 made pursuant to this JPA or upon dissolution. 417 418 Section 6.12. PERA. The Board may provide for any of its employees to be members of 419 the Public Employees Retirement Association and may make any required employer contributions 420 to that organization and any other employer contributions which municipalities are authorized or 421 required by law to make. 422 423 Section 6.13. Necessary and Incidental Powers. The Board may exercise any other power 424 necessary and incidental to the implementation of its aforementioned powers and duties. 425 426 ARTICLE VII 427 FISCAL AND OPERATIONAL SERVICES; EXECUTIVE DIRECTOR 428 429 Section 7.1. Fiscal and Operations Agent. The Board shall designate a Member to serve 430 as the fiscal and operations agent of Metro -INET ("Fiscal Agent"). The Fiscal Agent shall provide 431 services as set forth in the JPA and on additional matters as may be determined by the Board 432 through authorization for services by contract with Metro -INET. The Fiscal Agent shall be 433 responsible for management of all of Metro-INET's funds, for the keeping and storing of Metro - 434 INET's financial records, recommending to the Board and maintaining adequate insurance 435 coverage of Metro -INET consistent with municipal liability limitations under Minnesota law, and 436 to provide for the annual financial audit and accounting of all Metro -INET related activities. The 437 Fiscal Agent shall be responsible for collecting and preserving all Metro -INET records and data 438 pursuant to the requirements of the Minnesota Government Data Practices Act, Minnesota 439 Statutes, Chapter 13. The Fiscal Agent shall post a fidelity bond or other insurance against loss of 440 organization funds in an amount approved by the Board, at the expense of Metro -INET. 441 442 Section 7.2. Executive Director. The Board shall hire an executive director to be 443 responsible for the management of the day-to-day operations of Metro -INET, executing the policy 444 directives of the Board, including, the power to implement contracts authorized by the Board, the 445 prosecution and defense or other participation in actions or proceedings in law; to employ 446 personnel or retain as consultants such persons as he or she may deem necessary to carry out 447 Metro -INET functions; to conduct such research and investigation as necessary on any matter 448 related to or affecting the general purposes of Metro -INET; to manage real and personal property 7 449 acquired by Metro -INET; and to investigate, advise the Board regarding contracts for space, 450 materials, supplies and personnel either with a Member or Members or with third parties and 451 coordinating with Members for the implementation of internet connection, system maintenance 452 and data processing. The executive director shall prepare a report to the Board regarding the 453 operations of Metro -INET for each quarterly and annual meeting of the Board. 454 455 Section 7.3. Term of Executive Director. The executive director shall serve for an 456 indefinite period as defined by the contract, which may be terminated and the director removed by 457 a vote of a two-thirds majority of the total votes of the Board. 458 459 ARTICLE VIII 460 EXECUTIVE COMMITTEE 461 462 Section 8.1. Membership of Executive Committee. The Board shall establish an 463 executive committee consisting of five (5) voting members. Its members shall consist of the five 464 (5) officers of the Board as defined in Article V, Section 5.5. The Fiscal Agent and Executive 465 Director shall serve as ex officio members of the executive committee in an advisory and non - 466 voting capacity. 467 468 Section 8.2. Bylaws of Executive Committee. The executive committee may adopt 469 bylaws governing its own procedures, which shall be subject to this JPA, the bylaws of the Board, 470 and any resolutions or other directives of the Board. 471 Section 8.3. Quorum. Three (3) members of the executive committee shall constitute a 472 quorum and a majority of the executive committee members present at a meeting where a quorum 473 exists may act, notwithstanding the number of votes held by each member in accordance with 474 Article IV, Section 4.6. 475 Section 8.4. Regular Meetings. The specific date, time and location of regular meetings 476 of the executive committee shall be determined by the executive committee. The executive 477 committee shall meet at least four (4) times a year. Notice of regular meetings of the executive 478 committee shall be given to the members of the executive committee and the executive director at 479 least seven (7) days in advance and the agenda for such meetings shall accompany the notice. 480 Section 8.5. Special Meetings. Special meetings of the executive committee may be called 481 by the chair or upon the call of any two other members of the executive committee. The date, time 482 and location of the special meeting shall be fixed by the person or persons calling it. At least three 483 (3) days advance written notice of such special meeting shall be given to all members of the 484 executive committee by the person or persons calling the meeting. 485 486 Section 8.6. Notice of Meetings. Pursuant to the Open Meeting Law, all meetings of the 487 executive committee shall be noticed and published at least three (3) days prior to the meeting. 488 489 Section 8.7. Duties and Responsibilities. The executive committee shall have the 490 following duties and responsibilities: (a) to exercise the powers and perform the duties delegated 491 to it by the Board and subject to such conditions and limitations as may be imposed by the Board; 492 (b) to cause to be prepared a proposed annual budget each year which shall be submitted to the 8 493 Board at least thirty (30) days before the annual meeting for the Board's review and ratification; 494 and (c) to present a full report of its activities at each regular meeting of the Board. 495 496 Section 8.8. Preparation and Modification of Charges. The executive committee shall 497 have the responsibility to prepare and modify charges for the use of the programs and facilities of 498 Metro-INET, both as to Members and non-members, subject to Board approval. 499 500 ARTICLE IX 501 FINANCIAL MATTERS 502 503 Section 9.1. Fiscal Year. The fiscal year of Metro-INET shall be the calendar year. 504 505 Section 9.2. Adoption of Annual Budget. The annual budget of Metro-INET must be 506 adopted in the following manner: 507 508 (a) prior to May 1 the Board will supply each member with a proposed preliminary 509 budget for the corning fiscal year; 510 511 (b) prior to the meeting of the Board in July the Board will supply each Member with 512 a proposed budget adjusted for withdrawal notifications received pursuant to 513 Article XI; 514 515 (c) the annual budget for the corning fiscal year shall be adopted at the July Board 516 meeting. 517 518 Promptly after adoption of the budget, the Board must mail copies of the budget to the 519 chief administrative officer of each Member. Upon adoption of the budget each Member is 520 obligated to Metro-INET for the budgeted revenues and cost sharing charges fixed by the Board 521 for the ensuing fiscal year in accordance with this Article. 522 523 Section 9.3. Cost Sharing Charges. The Board shall have authority to fix cost sharing 524 charges for all Members in an amount sufficient to provide the funds required by the budgets of 525 the organization. The Board shall notify the chief administrative officer of each Member of the 526 amounts of such charges, on or before May 1 of each year. The Board shall prepare, and may 527 amend, a document setting forth the cost sharing charges and policies for Members and rates for 528 services provided to non-members. Such document(s) and policies shall be made available to 529 Members for review and comment upon request. 530 531 Section 9.4. Invoices to Members. Invoices for all charges shall be sent to the Members 532 by the Fiscal Agent and shall be due when rendered. Any Member whose charges have not been 533 paid within forty-five (45) days after the date of the invoice may be declared in default by the 534 Board or executive committee and shall not be entitled to further voting privileges nor to have its 535 Director hold any office nor to use any Metro-INET facilities or programs until such time as the 536 default is cured and Metro-INET has been paid in full. Additionally, in the event that such charges 537 have not been paid within forty-five (45) days of the date of the invoice, and such default remains 538 uncured after a reasonable time following notice to cure, the membership of such Member may be 9 539 terminated by a majority vote of the Board. In the event of a dispute between the Member and the 540 Board as to the amount which is due and payable, the Member shall nevertheless make such 541 payment in order to preserve its status as a Member, but such payment may be made under protest 542 and without prejudice with respect to the Member's right to dispute the amount of the charge and 543 to pursue any legal remedies available to it. 544 545 Section 9.5. Classification of Cost Sharing Charges. The charges to the Members of 546 Metro -INET shall be divided, for cost sharing purposes, into three different classes, as further 547 described in Exhibit A to this JPA and incorporated herein: 548 (a) Core Services ("Class 1 Charges"). Class 1 Charges shall cover all of Metro - 549 INET's general administrative and operational expenses for core services in having 550 a member participate as a domain member of Metro -INET. Core services are 551 generally defined as services provided by Metro -INET that provides IT support to 552 the Member and its employees to conduct the Member's business. These core 553 services may change over time upon Board approval based on different needs of 554 Members. Changes in the delivery of Class 1 Charges shall be paid by each Member 555 as fixed monthly, quarterly or annual membership dues, as determined by the 556 Board. The amount of Class 1 Charges required to be paid by each Member shall 557 be determined annually by the executive committee, upon approval by the Board. 558 Class 1 Charges shall be prorated to new Members and not retroactively applied to 559 them. 560 (b) Supplemental Services ("Class 2 Charges"). Class 2 Charges shall cover the costs 561 of design and development of computer programs and systems and other capital 562 costs for services requested by the Member. Supplemental services are generally 563 defined as services provided by Metro -INET at the request of the Member to meet 564 its specific needs. These supplemental services may change over time upon Board 565 approval based on different needs of Members and changes in the delivery of such 566 services. Class 2 Charges shall be paid by each Member as fixed monthly, quarterly 567 or annual membership dues, as determined by the Board. The amount of Class 2 568 Charges required to be paid by each Member shall be determined annually by the 569 executive committee, upon approval by the Board. Class 2 Charges shall not be 570 retroactively applied to new Members. 571 572 573 574 575 576 577 578 (e) Necessary Additional Charges ("Class 3 Charges"). Class 3 Charges shall cover the costs of system operation and maintenance in serving non-members, on an "as requested" basis as determined by the Board when it deems such charges necessary. The amount of such charges that are applicable to each non-member shall be determined by the Board. The amount of the charges shall cover all costs incurred by Metro -INET in providing these services to the non-member. The Board shall have authority to negotiate and enter into contracts with non-members receiving Class 3 Charges. 579 Section 9.6. Special Financial Assistance from Members. It is anticipated that certain 580 Members may be in a position to extend special financial assistance to Metro -INET in the form of 581 grants, or other in-kind payments including use of facilities or other infrastructure deemed 582 beneficial to Metro -INET. The Board shall credit any such in-kind payment against any charges 10 583 which the granting Member would otherwise have to pay. The Board may also enter into an 584 agreement, as a condition to any such grant, that it will credit all or a portion of such grant towards 585 charges which have been made or in the future may be made against one or more specified 586 Members. 587 588 Section 9.7. Expenditures. Board funds may be expended by the Board in accordance 589 with procedures established by law for the expenditure of funds by cities. Orders, checks, drafts 590 and other legal instruments shall be signed by the chair or vice -chair and countersigned by the 591 secretary or such other person as shall be designated by the Board. 592 593 Section 9.8. Contracts. Contracts shall be let and purchases shall be made in accordance 594 with the legal requirements applicable to contracts and purchases by Minnesota cities. 595 596 ARTICLE X 597 WITHDRAWAL 598 599 Section 10.1. Notice of Withdrawal. Any Member may at any time prior to June 1 of a 600 given year, give written notice of withdrawal from Metro -INET. Written notice of withdrawal 601 submitted prior to June 1 shall be a timely withdrawal and the Member shall not be responsible for 602 its share of the next year's budget not already made the obligation of the Member by a prior, multi - 603 year budget commitment approved by the Board. The withdrawing Member's financial obligation 604 prior to withdrawal upon timely notice will be based on the Class 1, 2 and 3 Charges outstanding 605 for the remainder of the calendar year and additional years for which the Board committed Metro - 606 INET to such financial obligation while the Member was with Metro -INET as a Member. In such 607 case the Member shall be responsible for the net present value of its a pro rata share of such 608 commitment. Written notice of withdrawal after June 1, shall be untimely for purposes of 609 withdrawal prior to the next calendar year but shall serve as notice for withdrawal effective the 610 year following. A Member's nonpayment of charges as set forth herein or its failure to comply 611 with Metro -INET operational security requirements or other policy prescribed by the Board, 612 without cure after written notice and a reasonable time to cure, shall constitute the Member's notice 613 of withdrawal from Metro -INET as determined by the Board pursuant to Section 4.8 at a regular 614 or special meeting. All Member withdrawals shall take effect at the end of the applicable fiscal 615 year, unless otherwise provided by the Board. 616 617 Section 10.2. Claim to Assets upon Withdrawal. A Member's withdrawal from Metro - 618 INET at a time when such withdrawal does not result in dissolution of the organization shall forfeit 619 the Member's claim to any assets of the organization except that it shall have access to any 620 software developed for its use while it was a Member in accordance with and subject to the 621 provisions of Article XIII, Section 13.5(b). 622 623 Section 10.3. Financial Obligations upon Withdrawal. Upon withdrawal the Member 624 shall continue to be responsible (1) for all of its prorated share of any unpaid Class 2 Charges; (2) 625 for its share of Class 1 Charges to the effective date of withdrawal; (3) for its share of any Class 3 626 Charges to the effective date of withdrawal; and (4) for any contractual obligations it has separately 627 incurred with Metro -INET. 628 11 629 Section 10.4. Financial Obligations prior to Withdrawal. A Member who has not given 630 notice of withdrawal on or before June 1 of a given year is obligated for the budgeted revenues 631 and the cost sharing charges fixed by the Board for the ensuing fiscal year in accordance with 632 Article IX. 633 634 ARTICLE XI 635 ASSOCIATES 636 637 Section 11.1. Associates. It is understood that certain LGUs may desire to enter into a 638 contractual arrangement with Metro-1NET for limited IT Services. Such LGUs may affiliate with 639 Metro-INET as "Associates." 640 641 Section 11.2. Admission of Associates. An LGU desiring to become an Associate may do 642 so in the same manner as is applicable to becoming a Member, except as otherwise provided in 643 this Article. 644 645 Section 11.3. Confirmation of Associate Status. At the time of joining Metro-INET as 646 an Associate, the LGU shall indicate in writing that it is not joining as a Member but as an 647 Associate. 648 649 Section 11.4. Appointment of Director and Alternate Director. An Associate may 650 appoint a Director and an Alternate Director to the Board but such Director (or Alternate) shall be 651 without voting power, shall not be eligible to serve as an officer and shall not be counted for 652 quorum purposes. 653 654 Section 11.5. Charges. The Board shall establish the charges to be paid by Associates and 655 for that purpose it may classify Associates in accordance with their varying circumstances. 656 657 Section 11.6. Application to Become a Member. An Associate may apply for 658 membership status and become a Member upon the requisite vote as required in Article III, Section 659 3.5. 660 661 Section 11.7. Notice of Withdrawal as Associate. An Associate may discontinue its 662 association with Metro-INET at any time by giving written notice of withdrawal to the secretary. 663 Withdrawal shall not relieve such withdrawing Associate from its obligation to pay any charges 664 which the Associate has incurred up to the time of withdrawal. 665 666 ARTICLE XII 667 DISSOLUTION 668 669 Section 12.1. Dissolution. Metro-INET shall be dissolved whenever: (1) the total number 670 of remaining Members is less than five; or (2) by two-thirds of the votes represented by all 671 Members of the Board. 672 12 673 Section 12.2. Effectuation of Dissolution. In the event of dissolution, the Board shall 674 determine the measures necessary to effectuate the dissolution and shall provide for the taking of 675 such measures as promptly as circumstances permit and subject to the provisions of this JPA. 676 677 Section 12.3. Distribution of Assets and Payment of Outstanding Obligations. Upon 678 dissolution, the remaining assets of Metro-INET and payment of all of its outstanding obligations, 679 the remaining assets of Metro-INET shall be distributed among the then existing Members in 680 proportion to their contributions, as determined by the Board. 681 682 Section 12.4. Allocation of Deficit. If, upon dissolution, there is an organizational deficit, 683 such deficit shall be charged to and paid by the Members on a pro rata basis, based upon the Class 684 1 and 2 Charges incurred by such Members during the two years preceding the event which gave 685 rise to the dissolution. 686 687 Section 12.5. Distribution of Computer Software. In the event of dissolution the 688 following provisions shall govern the distribution of computer software owned by or licensed to 689 Metro-INET: 690 691 (a) All such software shall be an asset of Metro-INET. 692 693 (b) A Member or former Member may use (but may not authorize reuse by others) any 694 software developed during its membership upon (1) paying any unpaid sums due 695 Metro-INET; (2) paying the costs of taking such software; and (3) complying with 696 reasonable rules and regulations of the Board relating to the taking and use of such 697 software. Such rules and regulations may include a reasonable time within which 698 such software must be taken by any Member or former Member desiring to do so. 699 700 ARTICLE XIII 701 INDEMNIFICATION 702 703 Section 13.1. Cooperative Activity of Single Governmental Unit. Metro-INET shall be 704 considered a separate and distinct public entity to which the Members have transferred all 705 responsibility and control for actions taken pursuant to this JPA. To the fullest extent permitted by 706 law, actions by the Members pursuant to this JPA are intended to be and shall be construed as a 707 "cooperative activity" and it is the intent of the Members that they shall be deemed a "single 708 governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, 709 subdivision 1 a (a); provided further that for purposes of that statute, each Member expressly 710 declines responsibility for the acts or omissions of the other party. The Members are not liable for 711 the acts or omissions of the other Members except to the extent to which they have agreed in 712 writing to be responsible. 713 Section 13.2. Indemnification. Metro-INET shall defend, indemnify and hold harmless 714 the Members against all claims, losses, liabilities, suits, judgments, costs and expenses arising out 715 of action or inaction of the Board, its Directors or Alternates, the Fiscal Agent, the executive 716 director and other employees or agents of Metro-INET pursuant to this JPA. Metro-INET shall 717 defend and indemnify the employees of any Member acting pursuant to the JPA except for any act 718 or omission for which the Member's employee is guilty of malfeasance, willful neglect of duty or 13 719 bad faith. A Member shall defend, indemnity and hold harmless Metro -INET against all claims, 720 losses, liabilities, suits, judgments, costs, and expenses arising out of action or inaction of the 721 Member regarding the Member's Data. This JPA to defend and indemnify does not constitute a 722 waiver by Metro -INET or any Member of the limitations on liability provided by Minnesota 723 Statutes, Chapter 466. 724 ARTICLE XIV 725 AMENDMENT 726 727 Section 14.1. Amendment of JPA. This JPA sets forth all understandings of the Members. 728 All prior agreements, understandings, representations whether consistent or inconsistent, verbal or 729 written, concerning this JPA, are merged into and superseded by this written JPA. No modification 730 or amendment to the JPA shall be binding unless all Members agree in writing to the proposed 731 change or amendment. 732 ARTICLE XV 733 MISCELLANEOUS 734 735 Section 15.1. Data Practices. The Members agree to comply with the Minnesota 736 Government Data Practices Act, Minnesota Statutes, Chapter 13, as it applies to all data created, 737 collected, received, stored, used, maintained or disseminated by Metro -INET. If a Member 738 receives a request to release the data referred to in this section, it must immediately notify the 739 executive director. The executive director will give the Member who has received the data request 740 instructions concerning the release of the data to the requester before the data is released. 741 Section 15.2. Audit. The books, records and documents relevant to this JPA are subject to 742 audit by the Members and the State of Minnesota at reasonable times upon written notice. 743 Section 15.3. Counterparts. This JPA may be executed simultaneously in two or more 744 counterparts, each of which will be deemed an original, but all of which together will constitute 745 one and the same instrument. 746 Section 15.4. Headings. The subject headings of the sections and subsections of the JPA 747 are included for purposes of convenience only, and shall not affect the construction of 748 interpretation of any of its provisions. 749 Section 15.5. Severability. In case any one or more of the provisions of this JPA shall be 750 invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the 751 remaining provisions contained in this JPA will not in any way be affected or impaired thereby. 752 Section 15.6. Applicable Law. This JPA shall be governed by and construed in accordance 753 with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this 754 JPA shall be heard in Minnesota state district or courts with the venue being in Ramsey County, 755 and the Members waive any objection to the jurisdiction of these courts, whether based on 756 convenience or otherwise. 14 757 ARTICLE XVI 758 DURATION 759 760 Section 16.1. Term. This JPA shall continue in effect indefinitely until terminated in 761 accordance with its terms. 762 15 763 IN WITNESS WHEREOF, the undersigned local governmental unit has caused this JPA 764 to be signed and delivered on its behalf. 765 766 767 768 769 770 (Name of LGU) 771 772 By: 773 774 Its: 775 776 777 By: 778 779 Its: 780 781 Dated: , 20 . 16 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date December 8, 2020 ITEM NUMBER Public Works Mutual Aid STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The Minnesota Public Works Joint Powers Mutual Aid Agreement provides a formalized and approved process for units of government to share public works personnel, equipment and resources with other agencies across the State. The Agreement (attached) has been de- veloped to provide participating cities the necessary framework to request aid and provide aid with a common understanding of where liabilities and responsibilities lie. Participating parties to the agreement can, at their own discretion, decide when and in what situation mu- tual aid is appropriate. This agreement is not limited to emergency response or catastrophic situations; participants can utilize the resources for many reasons including routine circum- stances such as training efforts, maintenance operations, joint projects and back-up support service. Hennepin County Emergency Management has volunteered to coordinate and ad- minister the Agreement, and there is no cost to participants. Staff recommends the Council authorize participation in Minnesota's Public Works Joint Powers Mutual Aid Agreement. OPTIONS: STAFF RECOMMENDATION: By approving the Consent Agenda, the Council approves Resolution No. 120820G—A Res- olution Authorizing the Public Works Mutual Aid Pact. Minnesota Statewide Public Works Mutual Aid Agreement Quick Facts • There is no membership or other fixed cost to participate in this agreement. • This is a Joint Powers Agreement that specifically allows a requesting party to select the resources that best meets the needs of a given situation. • Only governmental units as defined by Minnesota Statues, Section 47L59, subd. 1 are eligible to participate (cities, counties, towns, others). • A requesting party may individually call upon any other participating party for mutual aid. There is no requirement to make requests through a particular party. • The Joint Powers Agreement should not be interpreted as being limited to only being able to request assistance to address major catastrophic situations. Instead, parties can request assistance for many reasons including routine circumstances such as training efforts, maintenance operations, and back-up support service. • The decision when to request assistance or to provide assistance is left entirely to the discretion of the requesting or sending party. • For liability reasons, management of a mutual aid situation is under the control of the requesting party. • The sending party has discretion whether to provide personnel or equipment and can recall such assistance at any time. • Hennepin County Emergency Management ("HCEM") has volunteered to serve as the administrative coordinator of the pact. They have the largest EM staff of any County EM Department in the State. • There is no grace period for costs, so if mutual aid is requested the cost clock can start as soon as resources roll. That said, the agreement says that "charges may be levied", so it is optional whether the sending party will bill for providing assistance. The reason that it is written this way is that traditionally local communities provided each other in-kind services without charge. However, in some situations a party may determine it is necessary to recover its costs due to the scope of the assistance provided. That said, any joint training effort is exempt from billing. • Each Party shall be responsible for its own personnel and equipment and for injuries or death to its personnel or damage to its equipment. Responding personnel shall be deemed to be performing their regular duties for each respective sending party for purposes of workers' compensation. If you have any questions, please contact Mark Ray at mark.ray@crystalmn.gov RESOLUTION NO. 120820G CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE PUBLIC WORKS MUTUAL AID PACT WHEREAS, this agreement provides a process for units of government to share public works personnel and equipment with other agencies within the State of Minnesota; and WHEREAS, the City of Lauderdale desires to enter said agreement which becomes effective December 8, 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAUDERDALE, MINNESOTA authorizes the public works mutual aid pact and the City Administrator and Mayor are authorized to sign said agreement. Adopted by the City Council of the city of Lauderdale this 8th' day of December, 2020. (ATTEST) Mary Gaasch, Mayor (SEAL) Heather Butkowski, City Administrator STATE OF MINNESOTA PUBLIC WORKS MUTUAL AID PACT TABLE OF CONTENTS FOREWORD 2 PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT 4 I. GENERAL PURPOSE 4 II. DEFINITION OF TERMS 4 III. PARTIES 5 IV. PROCEDURE 5 V. RESPONSIBILITY AND LIABILITY 6 VI. EFFECTIVE DATE AND MODIFICATIONS 7 VII. WITHDRAWAL AND TERMINATION 7 1 PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT FOREWORD The general purpose of this Public Works Joint Powers Mutual Aid Agreement ("Agreement") is to provide a process for units of government to share public works personnel and equipment with other agencies within the State of Minnesota. This Agreement specifically allows a requesting party to select the resources that best meets the needs of a given situation. A requesting party may call upon any other participating party for mutual aid. There is no requirement to make requests through a particular party. In addition, this Agreement should not be interpreted as being limited to providing resources to deal with only major catastrophic situations. Participating parties can utilize the resources for many reasons including routine circumstances such as training efforts, maintenance operations, joint -projects, and back-up support service. This Agreement provides the flexibility for all units of government to use the resources located among all participating parties in the State of Minnesota. The decision as to when to invoke mutual aid and whether to respond is left to the discretion of the requesting or sending party. Each unit of government should acquaint supervisory personnel with any internal procedures used for mutual aid. While the Joint Powers Agreement does not require particular words or actions to initiate mutual aid, agencies should be clear about whether mutual aid is being requested and what type of assistance is requested. The responding agency should also be clear about what, if any, assistance they will provide in response to the request. Parties should not self -deploy. Furthermore, each staff member within a department should have a basic familiarity with mutual aid, the responsibilities when reporting to another unit of government and the protections afforded under the unit of government's workers' compensation. For liability reasons, management of a mutual aid situation is under the control of the requesting party. However, the sending party has discretion whether to provide personnel or equipment and can recall such assistance at any time. While there is no hard and fast time limit related to requests for mutual aid, the commitment of resources can be taxing on agencies. In addition, in some situations an advantage can be gained by ending a mutual aid request and entering into a different form of contractual assistance. In order to keep this mutual aid agreement closer to local level of government, Hennepin County Emergency Management ("HCEM") has volunteered to serve as the administrative coordinator for the units of government entering into this Agreement. When a community adopts this Agreement a fully executed copy of the Agreement needs to be forwarded to HCEM. Each unit of government is responsible for entering and updating available unit of government resources. Resources will now be listed online in a mutually agreed upon resource management database. The parties to this Agreement are solely responsible for updating their available resources in the agreed upon database. 2 The effective date for this Agreement is October 1, 2018. This date was established to allow enough time for agencies to receive the appropriate authority. Participation can be started upon execution of the Agreement and is effective for a unit of government upon its submission of the signed Agreement to HCEM. Agencies that elect not to participate in the Agreement may be bound by other existing mutual aid agreement or state statutes. 3 PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT This Public Works Joint Powers Mutual Aid Agreement ("Agreement") is formed and entered into effective as of the 1St day of October, 2018 by and among the governmental units that have executed this document as evidenced by the signature pages attached hereto (individually, a "Party" and collectively, the "Parties"). I. GENERAL PURPOSE The general purpose of this Agreement is to provide a means by which a Party may request and obtain public works assistance from one or more other Parties when the Party determines such public works assistance is necessary. This Agreement is made pursuant to Minnesota Statutes, section 471.59, which authorizes the joint or cooperative exercise of powers common to the Parties. II. DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the following meanings: Subd. 1. Eligible Party. "Eligible Party" means a "governmental unit" as defined by Minnesota Statues, section 471.59, subdivision 1. Subd. 2. Public Works Assistance. "Public Works Assistance" means equipment and personnel including, but not limited to, licensed staff, professional engineers, and non -licensed personnel that are used for activities related to streets, water, stormwater, wastewater, sewers, parks, transit, buildings/facilities, airports, and all other public works programs. Subd. 3. Party and Parties. "Party" means an Eligible Party that elects to participate in this Agreement by the authorization of its governing body. "Parties" means more than one Party to this Agreement. Subd. 4. Requesting Official. "Requesting Official" means a person who is designated by the Requesting Party to request Public Works Assistance from another Party. Subd. 5. Requesting Party. "Requesting Party" means a Party that requests Public Works Assistance from another Party. Subd. 6. Sending Official. "Sending Official" means a person who is designated by a Party to determine whether and to what extent that Party should provide Public Works Assistance to a Requesting Party. Subd. 7. Sending Party. "Sending Party" means a Party that provides Public Works Assistance to a Requesting Party. Subd. 8. HCEM. "HCEM" means the Hennepin County Emergency Management or designee. 4 III. PARTIES The Parties to this Agreement shall consist of as many Eligible Parties that have approved this Agreement by October 1, 2018. Additional Eligible Parties shall become a Party on the date this Agreement is approved and executed by the Party's governing body. Upon approval by a Party, the executed signature page of this Agreement shall be sent to the HCEM along with a resolution approving this Agreement. IV. PROCEDURE Subd. 1. Designate Officials. Each Party shall designate, and keep on file with the HCEM, the name of the person(s) of that Party who shall be its Requesting Official and Sending Official. A Party may designate the same person as both the Requesting Official and the Sending Official. Also, a Party may designate one or more persons to serve as an alternate in the absence of a designated official. Subd. 2. Request for Assistance. Whenever, in the opinion of a Requesting Official of a Party, there is a need for Public Works Assistance from another Party, such Requesting Official may, at his or her discretion, call upon the Sending Official of any other Party to furnish Public Works Assistance. Subd. 3. Response. Upon the receipt of a request for Public Works Assistance from a Party, the Sending Official may authorize and direct personnel and equipment of the Sending Party be sent to the Requesting Party. Whether the Sending Party provides such Public Works Assistance to the Requesting Party and, if so, to what extent such Public Works Assistance is provided shall be determined solely by the Sending Official (subject to such supervision and direction as may be applicable within the governmental structure of the Party by which they are employed). Failure to provide Public Works Assistance will not result in liability to a Party and each Party hereby waives all claims against another Party for failure to provide Public Works Assistance. Subd. 4. Back -Up Assistance. When a Sending Party provides Public Works Assistance under the terms of this Agreement, it may in turn request Public Works Assistance from other Parties as "back-up" during the period it is it outside of its jurisdiction providing Public Works Assistance to the original Requesting Party. Subd. 5. Recalling Assistance. Whenever a Sending Party has provided Public Works Assistance to a Requesting Party, the Sending Official may at any time recall its personnel and equipment, or any part thereof, if the Sending Official in his or her best judgment deems such recall is necessary to provide for the best interests of the Sending Party's community. Such action will not result in liability to any Party and each Party hereby waives all claims against another Party for recalling Public Works Assistance. 5 Subd. 6. Command of Scene. The Requesting Party shall be in command of all situations where Public Works Assistance is provided. The personnel and equipment of the Sending Party shall be under the direction and control of the Requesting Party until the Sending Party withdraws Public Works Assistance or the Public Works Assistance is no longer needed. Subd. 7. Charges. Charges may be levied by a Sending Party for Public Works Assistance rendered to a Requesting Party under the terms of this Agreement. The Sending Party may submit to the Requesting Party an itemized bill for the actual cost of any Public Works Assistance provided, including salaries, overtime, materials, and supplies, equipment operation, and other necessary expenses. The Requesting Party will reimburse the Sending Party providing the Public Works Assistance for that amount or other such amount as mutually negotiated. Such charges are not contingent upon the availability of federal or state government funds. A Party may request a list of rates from another Party prior to requesting assistance. No charges shall apply to joint training events unless the Parties participating in the particular event agree to a charge in writing prior to the event. V. RESPONSIBILITY AND LIABILITY Subd. 1. Personnel. Each Party shall be responsible for its own personnel and equipment, and for injuries or death to any such personnel or damage to any such equipment. Responding personnel shall be deemed to be performing their regular duties for each respective Sending Party for purposes of workers' compensation. Subd. 2. Worker's Compensation. Each Party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing Public Works Assistance pursuant to this Agreement. Each Party, and where applicable its insurer or coverage provider, waives the right to sue any other Party for any worker's compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries or death were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. Subd. 3. Damage to Equipment. Each Party shall be responsible for damages to or loss of its own equipment. Each Party, and where applicable its insurer or coverage provider, waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees or volunteers. Subd. 4. Liability. For the purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statutes, Chapter 466), the employees and officers of the Sending Party are deemed to be employees (as defined in Minnesota Statutes, section 466.01, subdivision 6) of the Requesting Party. The Requesting Party agrees to defend and indemnify the Sending Party against any claims brought or actions filed against a Sending Party or any officers, employees, or volunteers of a Sending Party for injury or death to any third person or persons or damage to the property of third persons arising out of the performance and provision of Public Works Assistance pursuant to the Agreement. Under no 6 circumstances, however, shall a Party be required to pay, on behalf of itself and other Parties, any amount in excess of the limits of liability established in Minnesota Statutes, chapter 466, applicable to any one Party. The limits of liability for some or all of the Parties may not, as provided in Minnesota Statutes, section 471.59, subdivision 1 a, be added together to determine the maximum amount of liability for any Party. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Sending Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes, chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the Parties and to permit liability claims against the Parties from a single occurrence to be defended by a single attorney. However, the Sending Party, at is option and its own expense, shall have the right to select its own attorney or approve a joint attorney as appropriate, considering potential conflicts of interest. Nothing in this Agreement is intended to constitute a waiver of any immunities and privileges from liability available under federal law or the laws of Minnesota. If a court determines that the liability of a Party or Parties is not subject to the tort caps and liability exceeds the tort cap maximum, a Party shall be subject to liability only for the acts of its officers, employees and volunteers. No Party to this Agreement nor any official, employee or volunteer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish Public Works Assistance or for recalling Public Works Assistance. VI. EFFECTIVE DATE AND MODIFICATIONS This Agreement shall become effective and operative beginning at 12:01 A.M., local time on October 1, 2018. The HCEM shall maintain a current list of the Parties to this Agreement and, whenever there is a change, shall notify the designated Sending Officials. Notice may be sent to the Sending Officials via email or through the United States Postal Service. No modification of this Agreement shall be effective unless it is reduced to writing and is approved by action of the governing body of each of the then current Parties. VH. WITHDRAWAL AND TERMINATION A Party may withdraw from this Agreement by its governing body adopting a resolution to withdraw. Withdrawal is effective after 30 days' written notice is provided to the HCEM. HCEM shall thereupon give notice of such withdrawal, and the effective date thereof, to all other Parties. Parties that have withdrawn may rejoin by following the procedure set forth in this Agreement. This Agreement will terminate with respect to all Parties if the total number of Parties to the Agreement falls below 11. HCEM shall notify the remaining Parties that the Agreement has terminated. 7 IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies, caused this Agreement to be approved on the dates below. (Each Party must attach a dated and signed signature page consistent with that Party's method of executing contracts.) 8 Entity: City of Lauderdale Mailing Address: 1891 Walnut Street Lauderdale, MN 55113 Adopted on the 8th day of December, 2020. Attest: By: Its: City Clerk -Administrator 9 By: Its: Mayor LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session X Meeting Date December 8, 2020 ITEM NUMBER STAFF INITIAL APPROVED BY ADMINISTRATOR Gasperre Pond Testing DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Staff are asking the City Council to add this item to the agenda. We received the second quote for Gasperre Pond testing after the packets were printed. The city's environmental engineer re- viewed the materials and recommended the City hire American Engineering Testing, Inc. to com- plete the work at a cost of $3,800. OPTIONS: STAFF RECOMMENDATION: Motion to enter into the agreement with American Engineering Testing, Inc. for Gasperre Pond sediment testing per the quote provided. A AMERICAN ENGINEERING TESTING, INC. December 2, 2020 Heather Butowski City of Lauderdale 1891 Walnut Street Lauderdale, MN 55113 RE: Stormwater Pond Sampling Idaho Ave and Carl Street Lauderdale, Minnesota AET Proposal No. 03-21485 Dear Ms. Butowski: • GEOTECHNICAL • CONSTRUCTION MATERIALS • ENVIRONMENTAL • BUILDING TECHNOLOGY • PETROGRAPHY/CHEMISTRY American Engineering Testing, Inc. (AET) is pleased to offer the City of Lauderdale (Client) dredge material testing services for the Gasperre Pond shown in the attachment below. This proposal has been prepared in response from a request from Kellie Schlegel with Stantec and describes the scope of services, schedule, fees and other information regarding our services. PROJECT INFORMATION AET understands that the client is considering dredging a stormwater basin situated east of the intersection of Idaho Ave and Carl Street in Lauderdale, Minnesota. As part of their process, the client is requesting sampling to characterize the sediment in the pond. The Client provided a map indicating the location and areas of the pond where dredging is planned. Sediment characterization will be performed in general accordance with the Minnesota Pollution Control Agency (MPCA) document Managing Stormwater Sediment Best Management Practice Guidance, May 2017 edition. The samples are proposed to be collected across the depth of fill sediments in each sediment sample location. SCOPE OF SERVICES In response to your request and the above information, AET proposes the following scope of services. Additional services beyond the scope will only be completed after receiving written authorization from the Client. • Clear public utilities through Gopher State One Call; • Collect two sediment cores, one from each end of the inlet and outlet of the pond. AET will complete this using hand -operated Geoprobe tooling, hand auger or other similar sample recovery tooling; o AET will advance each boring to whichever is deeper, the natural sediment or anticipated depth of dredging; 550 Cleveland Avenue North 1 Saint Paul, MN 55114 Phone (651) 659-9001 1(800) 972-63641 Fax (651) 659.13791 www.amengtest.com 1 AAIEEO This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc. Stormwater Pond Testing, Shoreview AET Proposal No. 03-21485 December 2, 2020 Page 2 of 4 • Return the recovered samples to AET's St. Paul office to log the sediment cores and prepare composites of the fill materials to submit for chemical analysis. In accordance with the MPCA Managing Stormwater Sediment Best Management Practice Guidance, one duplicate sample will be submitted for chemical analysis; • Prepare sediment core logs. In general, the log descriptions will include sediment strata, grain type, color, and depth; • Submit two composite sediment samples, one from each sample location, under chain of custody, to a fixed laboratory to be analyzed for: o Polynuclear aromatic hydrocarbons (PAHs) "extended list" by EPA method 8270 o Metals by EPA method 6010 ■ Copper (Cu) ■ Arsenic • Upon receiving lab results, AET will prepare a report of environmental testing results. The report will document pertinent field observations and include figures showing sampling locations, chains of custody, laboratory reports, and a narrative summarizing the results and comparing them to applicable regulatory criteria. For this proposal, AET has assumed that the sediments to be removed are relatively homogenous, which would require only one vertically composited sample from each core advanced. PERFORMANCE SCHEDULE Following written authorization of this proposal, AET will work on scheduling the field tasks. AET is operating under the assumption that the pond is dry. If water is present within the pond, AET's safety protocol will require the pond to either be free of ice or have adequate ice (four inches or greater) to safely navigate the pond. AET will be able to schedule field tasks within one week of confirmation of safe site navigation. We estimate the report will be completed within one week of receiving the final laboratory results. FEES Our fees for services will be charged on a Time and Materials basis, in accordance with the attached AET 2020 Environmental Fee Schedule. For the scopes of services described in this proposal, we estimate our fee to be $3,800, itemized as follows: Mob/Demob/Clearing Utilities $480 Sampling and Laboratory Testing $1,640 Reporting and Project Coordination $1,680 $3,800 Stormwater Pond Testing, Shoreview AET Proposal No. 03-21485 December 2, 2020 Page 3 of 4 In the event the scope of our services needs to be revised due to unanticipated or altered conditions, we will review such adjustments and receive your approval before proceeding. Our estimate of fees does not include pond sediment excavation, removal or disposal services. The Client must contract these services separately and the excavator must clear utilities at each location where earthwork is performed. REMARKS This proposal has been prepared in general accordance with the MPCA guidance document Managing Stormwater Sediment Best Management Practice Guidance, May 2017 edition. The end-use facility/disposal option you choose for this material may require additional testing and analyses that are not included in the scope of services for this proposal. It is the Client's responsibility to verify that this scope of testing and analyses complies with the requirements of the end use facility; AET does not accept any responsibility for damages or future liability due to improper reuse or placement of contaminated sediment. AET will require the following from the client: • Knowledge of any private utilities located underneath the pond. Private utilities can be located by AET contractors once we are made aware by the Client; • Engineering plans or drawings indicating the locations of inlets and outlets of the pond. TERMS AND CONDITIONS All AET Services are provided subject to the Terms and Conditions set forth in the enclosed Service Agreement Terms and Conditions, which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your successors, assignees, joint venturers and third -party beneficiaries. Please be advised that additional insured status is granted upon acceptance of the proposal. ACCEPTANCE AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions and Amendments: 1) issuing an authorizing purchase order for any of the Services described above, 2) authorizing AET's presence on site or 3) written or electronic notification for AET to proceed with any of the Services described in this proposal. Please indicate your acceptance of this proposal by signing below and returning a copy to us along with the User Questionnaire. When you accept this proposal, you represent that you are authorized to accept on behalf of the Client. AET appreciates the opportunity to provide this service for you and looks forward to working with you on this project. If you have any questions or need addition information, please contact me. Stormwater Pond Testing, Shoreview AET Proposal No. 03-21485 December 2, 2020 Page 4 of 4 Sincerely, American Engineering Testing, Inc. Tanner Bakke, GIT Staff Geologist Phone: 651-789-4667 Email: tbakke@amengtest.com Attachments: Figure 1 Service Agreement Proof of Insurance W9 2020 AET Fee Schedule Mike Hultgren, PG Manager - Environmental Engineering Phone: 651-789-4649 Email: mhultgren@amengtest.com AET PROPOSAL No.: 03-21485 Signature ACCEPTANCE AND AUTHORIZATION Date Typed/Printed Name: Company ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 4 SECTION 1 - RESPONSIBILITIES 1.1 - This Service Agreement — Terms and Conditions ("terms and conditions") is applicable to all services ("Services") provided by American Engineering Testing, Inc. (AET). As used herein "Services" refers to the scope of services described in the proposal submitted by AET to Client. The proposal, these terms and conditions and any appendices attached hereto shall comprise the agreement ("Agreement") between AET and Client for Services described in the proposal and are binding upon the Client, its successors, assignees, joint ventures and third -party beneficiaries. AET requests written acceptance of the Agreement, but the following actions shall also constitute Client's acceptance of the Agreement: 1) issuing an authorizing purchase order, task order or service order for any of the Services, 2) authorizing AEI's presence on site, or 3) written or electronic notification for AET to proceed with any of the Services. Issuance of a purchase order, task order or service order by Client which contains separate terms and conditions will not take precedence or modify the terms and conditions contained in this Service Agreement. 1.2 — Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and their Client and/or Owner which contain flow -down provisions to AET, site safety plans or other documents which may control or affect AET's Services. If new information becomes available during AET's Services, Client will provide such information to AET in a timely manner. Failure of Client to timely notify AET of changes to the project including, but not limited to, location, elevation, loading, or configuration of the structure or improvement will constitute a release of any liability or indemnity obligations of AET for loss or damages related to such changes. Client will provide a representative for timely answers to project -related questions by AET. 1.3 - AET is responsible only for performance of the Services. AET will not be held responsible for work or omissions by Client or any other party working on the project. The Services do not include construction management, general contracting or surveying services. AET will not be responsible for directing or supervising the work of other parties, unless specifically authorized and agreed to in writing. 1.4 — Client acknowledges the limitations inherent in sampling to characterize buried subsurface conditions. Variations in soil conditions occur between and beyond sampled/tested locations. The passage of time, natural occurrences and direct or indirect human activities at the site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations in soil and subsurface conditions. 1.5 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1_6 - Should changed conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1_7 — Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications to the Agreement or use of Client's alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment. The proposal and these terms and conditions, including terms of payment, shall apply to all Services performed prior to the effective date of such amendment. 1.8 - The AET proposal accompanying these terms and conditions is valid for ninety (90) days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject to AET's right to revise the proposal as necessary. SECTION 2 - SITE ACCESS AND RESTORATION 2.1- Client will furnish AET safe and legal site access. 2.2 Client acknowledges that in the normal course of its Services, AET may unavoidably alter existing site conditions or affect the environment in the area being studied. AET will take reasonable precautions to minimize alterations to the site or existing materials. Restoration of the site is the responsibility of the Client. SECTION 3 - UNDERGROUND UTILITIES AND STRUCTURES (FACILITIES). 3.1 - AET's sole responsibility under this section will be to contact the state "call before you dig" notification center (e.g. Gopher State One Call in Minnesota), if such an entity exists, for location information of public utilities only. AET shall have no obligation to proceed with the work until Client has fully complied with all the requirements of this Section 3. 3.2 - Client will mark or cause to be marked the location of all other Facilities that service or are located on the site. AET shall be entitled to rely upon the accuracy of all location information supplied by any source. 3.3 - Client acknowledges that location data may be incorrect or that some Facilities may not be capable of location and Client fully accepts this risk and waives any claims against AET for incorrect locations or Facilities incapable of location._ 3.4 - Client shall hold harmless, indemnify and defend AET from all claims, damages, losses, fines, penalties and expenses (including attorney's fees) arising out of or related to the following: a) Facilities that are not shown or vary from the locations shown on any plans or drawings, b) Facilities that are not located by or vary from the locations marked by Client, governmental or quasi -governmental locator programs, or private utility locating services, or c) any other Facilities that are not disclosed or vary from locations provided by the Client. The obligation to defend AET shall be independent of the obligation to indemnify and hold harmless AET and shall be with independent counsel acceptable to AET. SECTION 4 - CONTAMINATION 4.1 - Client acknowledges and accepts all contamination risks which may be associated with the Services. Risks include, but are not limited to, cross contamination created by linking contaminated zones to uncontaminated zones during the drilling process; containment and proper disposal of known or suspected hazardous materials, drill cuttings and drill fluids; and decontamination of equipment and disposal and replacement of contaminated consumables. Discovery of actual or suspected hazardous materials shall entitle AET to take immediate measures it deems necessary in its sole discretion, including regulatory notification, to protect human health and safety, and/or the environment. Further, discovery of such materials constitutes a changed condition for which Client agrees to pay associated additional cost. 4.2 - Client shall indemnify and hold AET harmless from all liability, damages, claims or costs resulting from contaminants on the site. SECTION 5 - SAFETY 5.1- Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. If, during the course of AET's Services, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate Services. Client shall be responsible for payment of such additional protection costs. 5.2 - AET shall only be responsible for safety of AET employees at the site; the safety of all others shall be Client's or other persons' responsibility. ACS417EG (01/20) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 4 SECTION 6 —SAMPLES 6.1 - Client shall inform AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by or submitted to AET remain the property of the Client during and after the Services. Any known or suspected hazardous material samples will be returned to the Client at AET's discretion. 6.2 - Non -hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report date, the Client requests in writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by Client. SECTION 7 - PROJECT RECORDS The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a minimum of three years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 8 - STANDARD OF CARE AET performs its Services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in this geographic area, under similar budgetary constraints. SECTION 9 - INSURANCE AET maintains insurance with coverage and limits shown below. AET will furnish certificates of insurance to Client upon request. 9_1—AET maintains the following insurance coverage and limits of liability: Workers' Compensation Employer's Liability Statutory Limits $100,000 each accident $500,000 disease policy limit $100,000 disease each employee Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident Professional/Pollution Liability Insurance $1,000,000 per claim $1,000,000 aggregate 9.2 - Commercial General Liability insurance will include coverage for Products/Completed Operations extending one (1) year after completion of AET's Services, Property Damage including Completed Operations, Personal Injury, and Contractual Liability insurance applicable to AET's indemnity obligations under this Agreement. 9.3 - Automobile Liability insurance shall include coverage for all owned, hired and non -owned automobiles. 9.4 - Professional Liability Insurance is written on a claims -made basis and coverage will be maintained for one (1) year after completion of AET's Services. Renewal policies during this period shall maintain the same retroactive date. 9.5 - To the extent permitted by applicable state law, and upon Client's signing of the proposal, which includes these Terms and Conditions, and return of the same to AET, or Client provided forms of acceptance as defined in Section 1.1; Client and Owner shall be named an "additional insured" on AEI's Commercial General Liability Policy (Form CG D4 14 04 08, which includes blanket coverage for Products/Completed Operations and on a Primary and Non -Contributory basis). Client and Owner shall also be named an "additional insured" on a Primary and Non-contributory basis on AET's Automobile Liability Policy (Form CA T4 74 02 12). Any other endorsement, coverage or policy requirement shall result in additional charges. 9.6 - AET will maintain in effect all insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, with insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no less than A minus (A-). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy or ten (10) days' notice for non-payment of premium. 9.7 - AET reserves the right to charge Client for AET's costs for additional coverage requirements unknown on the date of the proposal, e.g., coverage limits or policy modification including waiver of subrogation, additional insured endorsements and other project specific requirements. SECTION 10 - DELAYS If delays to AET's Services are caused by Client or Owner, other parties, strikes, natural causes, weather, or other items beyond AET's control, a reasonable time extension for performance of the Services shall be granted, and AET shall receive an equitable fee adjustment. SECTION 11- PAYMENT, INTEREST, AND BREACH 11.1 - Invoices are due net thirty (30) days from the date of receipt of an undisputed invoice, but not greater than 45 days from the date of the invoice. Client will inform AET of invoice questions or disagreements within fifteen (15) days of invoice date; unless so informed, invoices are deemed correct. 11.2 — Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without limiting any other legal or equitable remedies for such breach, to terminate performance of this Agreement and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data and reports in AET's possession. If Client fails to cure such breach, all reports associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services. ACS417EG (01/20) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 4 11.3 — AET reserves the right to secure any unpaid invoice utilizing available remedies at law. AET explicitly reserves its Mechanic Lien or Bond Claim rights for nonpayment of an undisputed invoice. Client is responsible for paying AET expenses and attorney fees related to collection of past due invoices. SECTION 12 - CHANGE ORDERS AET's proposal associated with this project provides an estimated cost for the work. If the proposal amount is a time and material estimate, or if changes occur affecting the project scope, estimated quantities, project schedule or other unforeseen conditions, AET will communicate with Client if AEI's fees are approaching the proposal amount and request a change order. However, nothing in this agreement shall be construed in any way as a waiver of payment by Client to AET for Services ordered under this agreement. Approval of a change order may be in writing or by electronic communication. SECTION 13 - MEDIATION 13.1 - Except for enforcement of AET's rights to payment for Services rendered or to assert and/or enforce its lien rights, including without limitation assertion and enforcement of mechanic's lien rights and foreclosure of the same, Client and AET agree that any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party; provided however that if either party fails to respond to a request for mediation within sixty (60) days, the party requesting mediation may without further notice, proceed to arbitration or the institution of legal or equitable proceedings. 13.2 - Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator's fee and any filing fees equally and each party shall pay their own legal fees. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 14 - LITIGATION REIMBURSEMENT Except for matters relating to non-payment of fees, which is governed by Section 11 hereof, payment of attorney's fees and costs associated with lawsuits or arbitration of disputes between AET and Client, which are dismissed or are judged substantially in either party's favor, shall be paid by the non -prevailing party. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and AET costs. SECTION 15 - MUTUAL INDEMNIFICATION 15.1- Subject to the limitations contained in Sections 13 and 14, AET agrees to indemnify Client from and against damages and costs to the extent caused by AET's intentional acts or negligent performance of the Services. 15.2 - Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or negligence of the Client, Owner, Client's contractors and subcontractors or other third parties. 15.3 - If Client has an indemnity agreement with other persons or entities relating to the project for which AET's Services are performed, the Client shall include AET as a beneficiary. 15.4 - AET's indemnification to the Client, including any indemnity required or implied by law, is limited solely to losses or damages caused by its failure to meet the standard of care and only to the extent of its negligence or intentional acts. SECTION 16 - NON -SOLICITATION Each party to this Agreement (a "Party") agrees that it will not encourage, induce, or actively solicit any employee of the other party to leave their employment for any reason, provided that neither Party is precluded from (a) hiring any such employee who has been terminated by a Party or its subsidiaries prior to commencement of employment discussions between a Party and such employee, or (b) soliciting any such employee by means of a general advertisement or through an employment agency that does not specifically pursue the employee, or (c) hiring employees or former employees of the other Party who contact the Party on its own accord. This Non -Solicitation provision shall be effective and enforceable for six (6) months following termination of this Agreement. SECTION 17 - MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES Except as specifically set forth herein and to the extent permitted by applicable law, Client and AET waive against each other, and each other's officers, directors, members, subcontractor, agents, assigns, successors, partners, and employees any and all claims for or entitlement to special, incidental, indirect, punitive, or consequential damages arising out of, resulting from, or in any way related to the Services provided by AET under this Agreement. This mutual waiver of consequential damages includes, but is not limited to, the following: loss of profits; loss of revenue; rental costs/expenses incurred; loss of income; loss of use of property, equipment, materials or services; loss of opportunity; loss of rent; loss of good will; loss of financing; loss of credit; diminution of value; loss of business and reputation; loss of management or employee productivity or the services of such persons; increased financing costs; cost of substitute facilities; cost of substitute goods/property/equipment; cost of substitute services; and/or cost of capital. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement in accordance with the provisions of the Agreement and related documents and shall survive any such termination. SECTION 18 - LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, the total aggregate liability of AET and its officers, directors, partners, employees, subcontractors, agents, and sub -consultants, to Client and/or Client's employees, officers, directors, members, agents, assigns, successors, or partners, or anyone claiming through Client, for any and all injuries, damages, claims, losses, or expenses (including attorney's fees and costs) arising out of, resulting from or in any way related to Services provided by AET from any cause or causes, including, but not limited to, its negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation in excess of costs received by AET for Services or $50,000, whichever is greater. The limitation of liability set forth herein does not apply to claims arising solely out of or related to the willful or intentional acts of AET. ACS417EG (01/20) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 4 of 4 SECTION 19 — UNIONIZATION AET reserves the right to negotiate an appropriate fee increase or to terminate this Agreement on three (3) days written notice to Client without incurring penalties or costs from Client, Owner and their successors, assignees, joint -venturers, contractors and subcontractors, or any other parties involved with the project for claims, liabilities, damages or consequential damages, directly or indirectly related to AET being required to provide unionized personnel on the project. Reservation of this right on the part of AET represents neither approval nor disapproval of unions in general or the use of collective bargaining agreements. SECTION 20 - POSTING OF NOTICES ON EMPLOYEE RIGHTS Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with any agency of the United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employees of their rights under Federal labor laws. The required notice may be found at 29 Code of Federal Regulations Part471, AppendixA to Subpart A. The regulation also has a "flow -down" requirement for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster. SECTION 21- TERMINATION After 7 days' written notice, either party may elect to terminate this Agreement for justifiable reasons. In this event, the Client shall pay AET for all work performed, including demobilization and reporting costs to complete the file. SECTION 22 - SEVERABILITY Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. SECTION 23 - GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regard to its conflicts of law provisions. SECTION 24 - ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless of method of acceptance of this Agreement by the Client, this Agreement supersedes any previous written or oral agreements, including purchase/work orders or other Client agreements submitted to AET after the start of our Services. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be given to revisions to AET's terms and conditions or alternate contract format submitted by the Client as a condition for payment of AET's accrued Services. ACS417EG (01/20) AMERICAN ENGINEERING TESTING, INC. AMERCON-12 KREYNOLDSI A CORD„ i`,,--- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/2/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HUB International Mountain States LimitedE 245 E. Roselawn Avenue, Suite 31 Saint Paul, MN 55117-1940 CONTACT Ann Ross NAME: IA/o°NNo, Ext): (651) 288-5137 (AA/c,No):(651) 286-0560 E-MAILDss: ann.ross@hubinternational.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:The Phoenix Insurance Company INSURER B :The Travelers Indemnity Company of America 25623 25666 INSURED AMERICAN CONSULTING SERVICES INC dba AMERICAN ENGINEERING TESTING INC AM PETROGRAPHIC SERVICE 550 CLEVELAND AVE N ST PAUL, MN 55114-1804 INSURER c : Travelers Property Casualty Company of America 25674 INSURER D:The Travelers Indemnity Company 25658 INSURER E : Continental Casualty Company 20443 INSURER F : 1,000,000 $ CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMM/DD/YYYY) POLICY EXP IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY P630539K8896PHX20 1/1/2020 1/1/2021 EACH OCCURRENCE $ 2,000,000 DAMAGETORENTED PREMISES (Ea occurrence) 1,000,000 $ CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GENL AGGREGATE POLICY OTHER: X LIMIT APPLIES TE± PER: LOC PRODUCTS-COMP/OPAGG $ 4,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY AONLY SCHEDULED AUTOS NON-OWNED ATOONLY 8102L6457121943G 1/1/2020 1/1/2021 COMBINED SINGLE LIMIT (Ea accident) 2,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ $ PROPERTY DAMAGEUTOS Per accident) $ C X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE CUP3K2260091943 1/1/2020 1/1/2021 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10'000'000 $ DED X RETENTION $ 0 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A UB9H9151011943G 1/1/2020 1/1/2021 X STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ E E PROF/POLL LIABILITY RETRO: 070287 ECH254066939 ECH254066939 1/1/2020 1/1/2020 1/1/2021 1/1/2021 EACH CLAIM AGGREGATE 10,000,000 15,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RENEWALS: contracts@amengtest.com CANCELLATION ILLUSTRATION CERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVETI// R.441‘04 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A AMERICAN ENGINEERING TESTING, INC. American Engineering Testing, Inc. 2020 Environmental Fee Schedule Engineering/Technical Personnel Rates A. Administrative Assistant B. Tech I: Engineering/Environmental C. Draftsperson D. Technician II: Engineering/Environmental E. Drill Technician/Geotechnical Lab Technician F. Technician Level II CWI/ICBG G. Senior Engineering/Environmental Technician III H. Engineering Assistant I. Engineer I, Geologist I, Scientist I J. Senior Engineering Assistant K. Engineer II, Geologist II, Scientist II, L. Senior Engineer, Geologist, Scientist M. Principal Engineer, Geologist, Scientist N. Principal of Firm O. Litigation Preparation P. Deposition or Court Time (4 -hour minimum) $71/hr 78/hr 113/hr 91/hr 104/hr 117/hr 112/hr 121/hr 134/hr 13 8/hr 154/hr 176/hr 215/hr 235/hr 305/hr 380/hr The rates presented are portal to portal, with vehicle mileage, expenses and equipment rentals being additional. Reduced rates may be negotiated for long-term projects. Overtime for personnel charged at above cost plus 25% for over 8 hours per day, nights, or Saturday; and at above cost plus 50% for Sundays or Holidays. Night time shift work will include a premium charge of $30.00 per person per shift. Vehicle Mileage (personnel time and rental extra) A. Personal Automobile/Truck B. 1/2 or 3/4 -ton Auxiliary Truck/Van C. Truck with Coring Equipment D. 1 or 2 -ton Rig Auxiliary Truck E. Truck with Warning Sign/Crash Trailer F. 1 -ton Truck with Drill Rig G. 11/2 to 21/2 -ton Truck with Drill Rig H. 20 -Ton CPT Truck Rig I. Tractor/Lowboy Trailer $.75/mi 1.00/mi 1.10/mi 1.15/mi 1.20/mi 1.20/mi 1.35/mi 1.60/mi 1.80/mi Site Exploration Equipment Rental/Services A. Drill Rig Rental 1. Rotary Drill on 4WD 1 -ton Truck $80/hr 2. Rotary Drill on 2WD 11/2 to 21/2 -ton Truck 90/hr 3. Rotary Drill on 4WD 11/2 to 21/2 -ton Truck 93/hr 4. Rotary Drill on All -Terrain Vehicle 123/hr 5. Portable, Non -rotary Rig 90/hr B. Rig Auxiliary/Specialty Vehicle Rental 1. Trailer 12/hr 2. 1/2 or 3/4 -ton Truck 20/hr 3. 1 -ton or 2 -ton Truck 25/hr 4. Truck with Warning Sign/Crash Trailer 44/hr 5. Truck with Coring Equipment 61/hr C. Cone (CPT) Rig/Equipment Rental 1. 20 -Ton CPT Rig, Truck or ATV $159/hr 2. Electronic Cone or Piezocone w/computer 49/hr • GEOTECHNICAL • CONSTRUCTION MATERIALS • ENVIRONMENTAL • BUILDING TECHNOLOGY • PETROGRAPHY/CHEMISTRY 4. Soil Sampler 8/hr 5. Water Sampler 22/hr D. Geotechnical Equipment Rental 1. Field Vane Shear 335/day 2. Inclinometer Reading Equipment 350/day 3. Pneumatic Transducer Reading Equipment (pore pressure, settlement or earth pressure) 180/day 4. Bore Hole Permeability a) Open End Casing Method 140/day b) HQ Wireline Packer 350/day 5. Borehole Pressure meter 75/hr 6. Iowa Borehole Shear Tester 335/day 7. Double Ring Infiltrometer 275/day 8. GPS Mapping System Equipment 17/hr 9. Pile Driving Analyzer (PDA) 750/day 10. Pile Integrity Test (PIT) 360/day 11. Calibrated SPT Rod 230/day 12. Field Electrical Resistivity Equipment (Wennar 4 -Pin) 265/day 13. Field Seismic Refraction Equipment (ReMi) 435/day E. Geotechnical Software Rental 1. Finite Element (seepage or soil deformation) 85/hr 2. CAPWAP 50/hr 3. Wave Equation (WEAP) 30/hr 4. LPILE or Group 30/hr 5. Slope Stability (ReSSA) 30/hr 6. Stabilized Earth Slopes and Walls 30/hr 7. Settlement (FoSSA) 30/hr F. Bit Wear 1. Diamond Bit - Sedimentary Rock a) B, NQ 13/ft b) HQ 15/ft 2. Diamond Bit - Metamorphic and Igneous a) B, NQ 21/ft b) HQ 24/ft Water and Wastewater Monitoring Equipment Rental A. ISCO Autosampler $55/day B. Refrigerated ISCO Autosampler 100/day C. Liquid Level Recorder 50/day D. Flow Meter 85/day E. Confined Entry Equipment 140/day F. Weir Materials 40/day G. Recording pH Meter 45/day H. Kemmerer Type Sampler 45/day I. Chlorine Residual Meter 45/day J. DR2000 Spectrophotometer 85/day K. Ice Auger 50/day Page 1 of 2 A AMERICAN ENGINEERING TESTING, INC. American Engineering Testing, Inc. 2020 Environmental Fee Schedule Groundwater Monitoring Equipment Rental A. Dissolved Oxygen Meter B. pH Meter C. Conductivity Meter D. Redox Potential Meter E. Bailers -Polypropylene F. Bailers -Teflon G. Groundwater Modeling Software H. Water Level Probe I. Oil -Water Interface Sensor J. Well Rate of Recovery Equipment K. 2" Pump Assembly L. Peristaltic Assembly M. YSI Multi -Parameter Meter N. Turbidity Meter 0. Groundwater Filter — Nalgene Soil Sampling and Support Equipment Rental A. B. C. D. E. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. $50/day 25/day 25/day 25/day 15/ea 30/ea 25/hr 50/day 90/day 150/day 110/day 60/day 150/day 50/day 25/ea Direct Push Sampling System (Geoprobe7) $108/hr XRF Analyzer Soil Auger Assembly Power Auger Hammer Drill, small Site Trailer Level A, B, or C Protective Gear Vacuum Blower Coliwassa Sampler Steam Cleaning Service (includes rental) 1. Drill Rig/Tools 2. Down Hole Drill Tools Only Steam Cleaner Portable Generator (220 volt) Magnetic Locator ACM Kit ACM/Roof Sampling Kits HEPA Vacuum Ladders Cordless Power Tools Soil Vapor Pilot System Vapor Pins 550/day 50/day 65/day 25/day 85/day quoted per project quoted per project 15/ea Air Monitoring Equipment Rental A. Photoionization Detector B. LEL Meter C. Landtec Methane Meter D. Gas Meter (LEL, 02, H2S, CO) E. Methane Meter F. Air Velocity Meter G. Air Flow Measurement Instrumentation H. EPA Method 25A Analyzer I. EPA Method 25A/Methane Cutter Analyzer J. EPA Method 4 Sample Train K. EPA Method 18/NCASI Sample Train L. EPA Method 3A Analyzers M. EPA Method 5/17 Sampling Train 315/clean 210/clean 140/day 25/day 25/day 50/day 5/day 10/day 5/day 10/day 300/day 100/ea $125/day 100/day 275/day 115/day 100/day 100/day 125/day 375/day 400/day 250/day 250/day 325/day 425/day • GEOTECHNICAL • CONSTRUCTION MATERIALS • ENVIRONMENTAL • BUILDING TECHNOLOGY • PETROGRAPHY/CHEMISTRY N. EPA Method 201A Sampling Train 0. EPA Method 23 Sampling Train P. EPA Method 26A Sampling Train Q. EPA Method 29 Sampling Train R. Tedlar Bag Vacuum Sample Train S. Heated Sample Line Assembly T. 40L Tedlar Bag U. EPA Method 6C Analyzer V. EPA Method 7E Analyzer W. EPA Method 10 Analyzer X. Sample Gas Conditioner Y. Extractive FTIR Analyzer 475/day 575/day 325/day 575/day 100/day 150/day 30/ea 325/day 325/day 325/day 100/day 3200/week Z. Ambient Noise Monitor with Outdoor Enclosure 600/week AA. Ambient Particulate Monitor with Outdoor Enclosure 650/week BB. ACM Air Monitoring Kit 150/day CC. ACM Hi Volume Air Sampling Pumps 10/day DD. ACM Phase Contrast Microscope Kit 100/day EE. 11 Lo Volume Air Sampling Pumps 10/day FF. Hi and Lo Volume Pump Calibration Equip. 20/day GG. Green Eye (CO2, Temp, Rh) Monitoring Instrument20/day Expenses Direct Project Expenses: includes out-of-town per diem; plowing and towing; special equipment, materials and supplies; special travel, transportation and freight; subcontracted services, and miscellaneous costs Cost + 15% Equipment Replacement — (when abandonment is more feasible than recovery) Cost Equipment Recovery — (when required by regulatory agencies or project specifications) Cost + 15% The rates presented are portal-to-portal with vehicle mileage, expenses and equipment rentals being additional. Overtime for personnel charged at above cost plus 25% for over 8 hours per day or Saturday; and at above cost plus 50% for Sundays or Holidays. Hazardous work charged at an additional 25%. Night time shift work will include a premium charge of $30.00 per person per shift. Page 2 of 2 BRAUN INTERTEC The Science You Build On. Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 December 4, 2020 Proposal QTB130889 Ms. Heather Butkowski City of Lauderdale 1891 Walnut Street Lauderdale, MN 55113 Re: Proposal for Environmental Consulting Services Gasperre Pond Near the Intersection of Carl Street and Idaho Avenue Lauderdale, Minnesota Dear Ms. Butkowski: Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com Braun Intertec Corporation is pleased to present this proposal for environmental consulting services for the above -referenced site (Site). The proposal includes conducting soil sampling and testing to characterize the near surface soils/muck for off-site reuse and/or disposal. This proposal outlines the Scope of Services and provides cost estimate for the proposed work. Background The Site is identified as Gasperre Pond, which the City of Lauderdale intends to dredge to remove the near surface soils/muck. The contractor completing the work has requested sampling and analytical testing of the soils/muck for characterization to inform off-site reuse and/or disposal options. Scope of Services The objective of the soil sampling and testing is to evaluate the soils/muck in the upper four feet in the pond area at the Site. The proposed Scope of Services for the sampling and testing is based on our understanding of the project. If adjustments to the scope are required that result in a significant change to the estimated cost provided herein, written approval will be obtained before proceeding. Site -Specific Health and Safety Plan A site-specific Health and Safety Plan (HASP) will be created prior to initiation of Site work. Hand Auger Borings Braun Intertec will advance two hand -driven auger borings at the Site to obtain soil samples for field screening and laboratory analysis. The borings will be advanced to a depth of four feet below ground surface (bgs). The work will be completed following Braun Intertec SOP 203 — Soil Boring Observation and Sampling and SOP 207 — Use of Hand Auger. Soil Screening Soil samples from the hand auger borings will be visually and manually classified in the field by an environmental technician using ASTM D 2487 "Unified Soils Classification System" and ASTM D 2488 "Recommended Practice for Visual and Manual Description of Soils." AA/EOE City of Lauderdale Proposal QTB130889 December 4, 2020 Page 2 Braun Intertec will conduct on-site environmental monitoring including organic vapor screening of soil samples using a photoionization detector (PID), and visual/olfactory observations of soil samples for evidence of contamination (i.e. odors, staining, intermixed debris, etc.). Soil Sampling and Analytical Testing Four soil samples will be collected from the two hand auger boring locations within the pond area. Two samples will be collected from the zero to two -foot (0-2') depth interval and two samples will be collected from the two to four -foot (2-4') depth interval. The samples will be collected following Braun Intertec SOP 208. The budget assumes that up to four soil samples, plus a trip blank, will be submitted to Pace Analytical Services, LLC (Pace) from Minneapolis, Minnesota, and analyzed for the following parameters: ■ Volatile organic compounds (VOCs) using U.S. Environmental Protection Agency (EPA) Method 8260 ■ Diesel range organics (DRO) with silica gel cleanup using Wisconsin Department of Natural Resources (WDNR) Method ■ Polycyclic aromatic hydrocarbons (PAHs) using EPA Method 8270 ■ Total Resource Conservation and Recovery Act (RCRA) metals using EPA Methods 6010 and 7471. Reporting Verbal results of the soil sampling and testing will be provided to you as they become available. Upon completion of the on -Site work and receipt of laboratory analytical results, a brief letter report will be prepared detailing the methods, results, and conclusions/recommendations. The report will be issued in electronic PDF format. Limitations Please note the Scope of Services for the proposed investigation, in conjunction with the existing data, is designed to further evaluate impacts at the Site. However, because there is a fixed number of sampling locations proposed, the Scope of Services proposed herein may not fully define the extent of contamination that may be present at the Site. BRAUN INTERTEC City of Lauderdale Proposal QTB130889 December 4, 2020 Page 3 Cost Estimate Braun Intertec will provide the services described herein on an hourly or unit -cost basis. The estimated cost breakdown summary is listed below. Service Description Cost Field Equipment, Sampling Supplies and Mileage $ 405 Subcontract Analytical Testing (assumes standard turnaround) — Cost + 10% 1,315 Professional Services — Field, Reporting and Coordination 2,755 Total Estimated Cost: $4,475 Braun Intertec will begin the project upon receipt of your authorization. The estimated cost of $4,475 presented is based on the Scope of Services described and the assumption that the proposal will be authorized within 30 days and that the project will be completed within the proposed schedule. Scheduling The field work for the limited environmental sampling is estimated to take up to 1 day to complete. Typical turnaround time on laboratory analysis is approximately 7 to 10 business days for all samples. The letter report will be forwarded to you within 10 days after receipt of laboratory analytical results. If the proposed Scope of Services cannot be completed according to this schedule due to circumstances beyond control, Braun Intertec will notify and discuss with you the revised schedule. BRAUN I NTE RTEC City of Lauderdale Proposal QTB130889 December 4, 2020 Page 4 General Remarks Braun Intertec appreciates the opportunity to present this proposal to you. We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. It is being sent in an electronic version only. Please return a signed copy of the proposal in its entirety. If you have questions regarding the contents of this proposal, please call Derek Schilling at 952.995.2674 or Steve Jansen at 952.995.2645. Sincerely, BRAUN INTERTEC CORPORATION Derek M. chilling, ' , CHMM Account Manager, Senior Scientist 4.._,: - Step 'en T. Jans S, PG Vice President, Principal Scientist Attachments: General Conditions — (1/1/18) The proposal is accepted, and you are authorized to proceed: Authorizer's Firm Authorizer's Signature Authorizer's Name (please print or type) Authorizer's Title Date BRAUN INTERTEC General Conditions Section 1: Agreement 1.1 Our agreement with you consists of these General Conditions and the accompanying written proposal or authorization ("Agreement"). This Agreement is the entire agreement between you and us. It supersedes prior agreements. It may be modified only in a writing signed by us, making specific reference to the provision modified. 1.2 The words "you," "we," "us," and "our" include officers, employees, and subcontractors. 1.3 In the event you use a purchase order or other documentation to authorize our scope of work ("Services"), any conflicting or additional terms are not part of this Agreement. Directing us to start work prior to execution of this Agreement constitutes your acceptance. If, however, mutually acceptable terms cannot be established, we have the right to terminate this Agreement without liability to you or others, and you will compensate us for fees earned and expenses incurred up to the time of termination. Section 2: Our Responsibilities 2.1 We will provide Services specifically described in this Agreement. You agree that we are not responsible for services that are not expressly included in this Agreement. Unless otherwise agreed in writing, our findings, opinions, and recommendations will be provided to you in writing. You agree not to rely on oral findings, opinions, or recommendations without our written approval. 2.2 In performing our professional services, we will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from claims, damages, and expenses arising out of your direction. If during the one year period following completion of Services it is determined that the above standards have not been met and you have promptly notified us in writing of such failure, we will perform, at our cost, such corrective services as may be necessary, within the original scope in this Agreement, to remedy such deficiency. Remedies set forth in this section constitute your sole and exclusive recourse with respect to the performance or quality of Services. 2.3 We will reference our field observations and sampling to available reference points, but we will not survey, set, or check the accuracy of those points unless we accept that duty in writing. Locations of field observations or sampling described in our report or shown on our sketches are based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the inherent risk that samples or observations may not be representative of things not sampled or seen and further that site conditions may vary over distance or change over time. 2.4 Our duties do not include supervising or directing your representatives or contractors or commenting on, overseeing, or providing the means and methods of their services unless expressly set forth in this Agreement. We will not be responsible for the failure of your contractors, and the providing of Services will not relieve others of their responsibilities to you or to others. 2.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, owner, project, or site health or safety. 2.6 You will provide, at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. Our employees are authorized by you to refuse to work under conditions that may be unsafe. 2.7 Unless a fixed fee is indicated, our price is an estimate of our project costs and expenses based on information available to us and our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. Section 3: Your Responsibilities 3.1 You will provide us with prior environmental, geotechnical and other reports, specifications, plans, and information to which you have access about the site. You agree to provide us with all plans, changes in plans, and new information as to site conditions until we have completed Services. 3.2 You will provide access to the site. In the performance of Services some site damage is normal even when due care is exercised. We will use reasonable care to minimize damage to the site. We have not included the cost of restoration of damage in the estimated charges. 3.3 You agree to provide us, in a timely manner, with information that you have regarding buried objects at the site. We will not be responsible for locating buried objects at the site. You agree to hold us harmless, defend, and indemnify us from claims, damages, losses, penalties and expenses (including attorney fees) involving buried objects that were not properly marked or identified or of which you had knowledge but did not timely call to our attention or correctly show on the plans you or others furnished to us. 3.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials present on any work site or in a sample provided to us. You agree to provide us with information in your possession or control relating to such materials or samples. If we observe or suspect the presence of contaminants not anticipated in this Agreement, we may terminate Services without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. BRAUN INTERTEC 3.5 Neither this Agreement nor the providing of Services will operate to make us an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning of the Resource Conservation Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous substances. You agree to hold us harmless, defend, and indemnify us from any damages, claims, damages, penalties or losses resulting from the storage, removal, hauling or disposal of such substances. 3.6 Monitoring wells are your property, and you are responsible for their permitting, maintenance, and abandonment unless expressly set forth otherwise in this Agreement. 3.7 You agree to make all disclosures required by law. In the event you do not own the project site, you acknowledge that it is your duty to inform the owner of the discovery or release of contaminants at the site. You agree to hold us harmless, defend, and indemnify us from claims, damages, penalties, or losses and expenses, including attorney fees, related to failures to make disclosures, disclosures made by us that are required by law, and from claims related to the informing or failure to inform the site owner of the discovery of contaminants. Section 4: Reports and Records 4.1 Unless you request otherwise, we will provide our report in an electronic format. 4.2 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property. We hereby grant you a license to use the reports and related information we provide only for the related project and for the purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepared without our written approval. You agree to indemnify, defend, and hold us harmless from claims, damages, losses, and expenses, including attorney fees, arising out of such a transfer or use. 4.3 If you do not pay for Services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control. 4.4 Samples and field data remaining after tests are conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are and continue to be your property. They may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. 4.5 Electronic data, reports, photographs, samples, and other materials provided by you or others may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. GC Page 1 of 2 Section 5: Compensation 5.1 You will pay for Services as stated in this Agreement. If such payment references our Schedule of Charges, the invoicing will be based upon the most current schedule. An estimated amount is not a firm figure. You agree to pay all sales taxes and other taxes based on your payment of our compensation. Our performance is subject to credit approval and payment of any specified retainer. 5.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of invoices upon receipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1.5% per month, or at the maximum rate allowed by law. 5.3 If you direct us to invoice a third party, we may do so, but you agree to be responsible for our compensation unless the third party is creditworthy (in our sole opinion) and provides written acceptance of all terms of this Agreement. 5.4 Your obligation to pay for Services under this Agreement is not contingent on your ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of any lawsuit, your successful completion of any project, receipt of payment from a third party, or any other event. No retainage will be withheld. 5.5 If you do not pay us in accordance with this Agreement, you agree to reimburse all costs and expenses for collection of the moneys invoiced, including but not limited to attorney fees and staff time. 5.6 You agree to compensate us in accordance with our Schedule of Charges if we are asked or required to respond to legal process arising out of a proceeding related to the project and as to which we are not a party. 5.7 If we are delayed by factors beyond our control, or if project conditions or the scope or amount of work changes, or if changed labor conditions result in increased costs, decreased efficiency, or delays, or if the standards or methods change, we will give you timely notice, the schedule will be extended for each day of delay, and we will be compensated for costs and expenses incurred in accordance with our Schedule of Charges. 5.8 If you fail to pay us in accordance with this Agreement, we may consider the default a total breach of this Agreement and, at our option, terminate our duties without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. 5.9 In consideration of our providing insurance to cover claims made by you, you hereby waive any right to offset fees otherwise due us. Section 6: Disputes, Damage, and Risk Allocation 6.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include, but not be limited to, a meeting(s) attended by each party's representative(s) empowered to resolve the dispute. Before either of us commences an action against the other, disputes (except collections) will be submitted to mediation. 6.2 Notwithstanding anything to the contrary in this Agreement, neither party hereto shall be responsible or held liable to the other for punitive, indirect, incidental, or consequential damages, or liability for loss of use, loss of business opportunity, loss of profit or revenue, loss of product or output, or business interruption. 6.3 You and we agree that any action in relation to an alleged breach of our standard of care or this Agreement shall be commenced within one year of the date of the breach or of the date of substantial completion of Services, whichever is earlier, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute. We will not be liable unless you have notified us within 30 days of the date of such breach and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages. You agree not to make a claim against us unless you have provided us at least 30 days prior to the institution of any legal proceeding against us with a written certificate executed by an appropriately licensed professional specifying and certifying each and every act or omission that you contend constitutes a violation of the standard of care governing our professional services. Should you fail to meet the conditions above, you agree to fully release us from any liability for such allegation. 6.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability for all claims will not exceed the fee paid for Services or $50,000, whichever is greater. If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of this Agreement, you provide payment in an amount that will increase our fees by 10%, but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 6.5 You agree to indemnify us from all liability to others in excess of the risk allocation stated herein and to insure this obligation. In addition, all indemnities and limitations of liability set forth in this Agreement apply however the same may arise, whether in contract, tort, statute, equity or other theory of law, including, but not limited to, the breach of any legal duty or the fault, negligence, or strict liability of either party. 6.6 This Agreement shall be governed, construed, and enforced in accordance with the laws of the state in which our servicing office is located, without regard to its conflict of laws rules. The laws of the state of our servicing office will govern all disputes, and all claims shall be heard in the state or federal courts for that state. Each of us waives trial by jury. 6.7 No officer or employee acting within the scope of employment shall have individual liability for his or her acts or omissions, and you agree not to make a claim against individual officers or employees. Section 7: General Indemnification 7.1 We will indemnify and hold you harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by our negligent acts or omissions or those negligent acts or omissions of persons for whom we are legally responsible. You will indemnify and hold us harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by your negligent acts or omissions or those negligent acts or omissions of persons for whom you are legally responsible. 7.2 To the extent it may be necessary to indemnify either of us under Section 7.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. 7.3 You agree to indemnify us against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by you or by others on your behalf. Section 8: Miscellaneous Provisions 8.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our negligence. 8.2 You and we, for ourselves and our insurers, waive all claims and rights of subrogation for losses arising out of causes of loss covered by our respective insurance policies. 8.3 Neither of us will assign or transfer any interest, any claim, any cause of action, or any right against the other. Neither of us will assign or otherwise transfer or encumber any proceeds or expected proceeds or compensation from the project or project claims to any third person, whether directly or as collateral or otherwise. 8.4 This Agreement may be terminated early only in writing. You will compensate us for fees earned for performance completed and expenses incurred up to the time of termination. 8.5 If any provision of this Agreement is held invalid or unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. 8.6 No waiver of any right or privilege of either party will occur upon such party's failure to insist on performance of any term, condition, or instruction, or failure to exercise any right or privilege or its waiver of any breach. GC Revised 1/1/2018 Page 2 of 2