More
Help
About
Sign Out
No preview available
/
Fit window
Fit width
Fit height
400%
200%
100%
75%
50%
25%
View plain text
This document contains no pages.
The URL can be used to link to this page
Your browser does not support the video tag.
06/20/2017 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JUNE 20, 2017 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. Blue Star Award for Excellence in Community Stormwater Management IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. APPROVE Resolution to accept donations from Michelle Redmond, the Eagan Citizens Crime Prevention Association and the Eagan Athletic Association F. APPROVE Resolution Approving Special Law regarding National Football League on -sale liquor licensing G. APPROVE Temporary On -Sale Liquor License and waive the license fee for St. John Neumann Catholic Church on August 5 and 6, 2017 at 4030 Pilot Knob Road H. APPROVE Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School on September 15-17, 2017 at 3355 Columbia Drive I. APPROVE resolution adopting and authorizing implementation of the performance measures developed by the Council on Local Results and Innovation J. ADOPT a Proclamation Recognizing August 1, 2017, as "National Night Out" in Eagan K. APPROVE Final Payment Contract 16-19, Central Maintenance Facility Brine Production System L. RECEIVE Petition to Vacate Public Drainage & Utility Easement, Dakota County Yankee Doodle Road (CSAH 28) Right -of -Way Map 272, and Schedule Public Hearing for July 18, 2017 M. APPROVE Telecommunications Lease Agreement with Verizon at Sperry Tower N. APPROVE Extended Working Hours, County Project 31-91, Pilot Knob Road (CSAH 31) Roadway Improvements (Wescott Road to1-35E) O. APPROVE Water Meter Surcharge Refund P. DIRECT preparation of an ordinance amendment to City Code regarding zoning regulations of special events, sound amplification permits and special event permits Q. APPROVE Cost Share, Operation, and Maintenance Agreement with Property Owner at 1347 Chatterton Road R. APPROVE Change Order No. 1, Contract 17-14, Citywide Traffic Signal & Street Light Painting S. APPROVE a modification to Condition 38 of the Preliminary Planned Development and Phase 1 Final Planned Development Conditions of Approval for the Viking Lakes development T. DIRECT preparation of an ordinance amendment to City Code regarding the alcohol licensing definition of a restaurant and outdoor dining fencing requirements U. APPROVE Dakota County Joint Powers Agreement for Cost Sharing of the aerial photography for 2017-2018 V. PUBLIC HEARINGS A. CONSIDER a grant contract, a Minnesota Investment Fund Loan Agreement, and other documents related to the consolidation and expansion of offices for Prime Therapeutics, LLC in the City of Eagan VI. OLD BUSINESS VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 41,11 City of Eagan YeMo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: JUNE 16, 2017 SUBJECT: AGENDA INFORMATION FOR JUNE 20, 2017 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 20, 2017 City Council agenda, the following items are in order for consideration. Agenda Information Memo June 20, 2017 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS A. Blue Star Award for Excellence in Community Stormwater Management Action To Be Considered: Accept the Blue Star Award for Excellence in Community Stormwater Management. Facts: ➢ Minnesota GreenStep Cities (GSC) is a voluntary challenge, assistance, and recognition program to help cities achieve sustainability and quality -of -life goals. This free, continuous improvement program, coordinated by the MN Pollution Control Agency and the Great Plains Institute, is based upon 29 best practices. Cities can implement each best practice by completing one or more actions at a 1-, 2- or 3 -star level (i.e., Steps 1-3, respectively). ➢ On August 17, 2010, the City Council passed a resolution to participate in the GSC program and subsequently achieved Step 3 recognition. Beginning 2016, the program challenges cities to measure and report the aggregate, quantitative results of taking multiple actions. Called performance metrics, these "Step 4" measures attempt to present to community members a city's achieved 'state of sustainability.' Eagan recently received GSC Step 4 recognition. The final GSC Step 5 recognition results from cities then showing improvements on the Step 4 metrics. ➢ As part of its recent efforts for GSC Step 4 recognition, the City completed a "Blue Star" assessment and recognition protocol, which the GSC program uses as its municipal stormwater management assessment methodology. The Blue Star assessment focuses on key stormwater indicators like development codes, site -design guidelines, and post -construction stormwater management standards. Cities that score high enough earn the Blue Star Award for Excellence in Community Stormwater Management. ➢ Eagan earns special recognition as being among the top -10 highest scoring cities in Minnesota, and it currently holds the third highest score among the 60 communities that have participated in the program. Eagan also has the third highest score in the 'Stormwater Standards & Practices' section of the Blue Star assessment. ➢ The Blue Star Award program is administered by Friends of the Mississippi River in partnership with Emmons & Olivier Resources, Inc. The Irwin Andrew Porter Foundation, the Ramsey - Washington Metro Watershed District, the Minnehaha Creek Watershed District and the Mississippi Watershed Management Organization Program provide financial support to the program. ➢ Trevor Russell, Blue Star Award program coordinator, will officially present the award to the City Council at the meeting. Attachments (2) R&PA-1 R&PA-2 Eagan Blue Star Award letter Eagan Blue Star Assessment & Ranking It THE LUESTAR AWARD PROGRAM Mr. Macbeth, „..tAt,. 360 North Robert Street #400 Saint Paul, MN 55101 Phone: (651) 222-2193 Ext.18 Fax: (651) 222-6005 info@bluestarmn.org Recognizing Excellence in Community Stormwater Management I am writing you to congratulate the City of Eagan on winning the Blue Star Award for Excellence in Community Stormwater Management. Your community's achievement reflects your remarkable commitment to preserving and protecting Minnesota's water resources. As Minnesota communities look to protect our lakes, streams, and wetlands from stormwater pollution, it is our hope that they will look to Eagan as model for excellence in stormwater management. Eagan earns special recognition as being among the top -10 highest scoring cities in Minnesota, and currently holds the third highest score among the 60 communities that have participated in the program. In addition, Eagan is the also the third highest scoring city overall in the `Stormwater Standards & Practices' section of the Blue Star Assessment. Congratulations on your outstanding efforts to protect and preserve Minnesota's water resources through excellence in community stormwater management! You will soon receive several items to commemorate your achievement: • Your official Blue Star Award for public display • A Certificate of Award you can proudly post in your office • Blue Star Award buttons to share with your staff or wear at public events I am scheduled to officially present your award to the Eagan City Council on Tuesday, June 201H In the mean time, I encourage you to view your awards page by logging in to www.bluestarmn.org and visiting your "dashboard" through the link on the right-hand side column. Your awards page has editable tools — like draft press releases, newsletter articles, and utility bill inserts — that you can use to publicize your achievement. Again, congratulations on your Blue Star Award and thank you for your community's efforts to protect, preserve and enhance Minnesota's water resources. Best Wishes, Trevor A. Russell Minnesota Blue Star Award Program Phone: 651-222-2193, ext. 18 Email: info@bluestarmn.org www.bluestarmn.org ,.7Aiw.. THE BLUE STAR AWARD Recognizing Excellence in Community Stormwater Management Blue Star Assessment Dashboard (from: www.bluestarmn.org/dashboard) -N4hrwir,- 7cF !UESTAR AWARD Reagnizing Doxilerce in Ccmanunily Sloan+ al r Mar wmenl Congratulations! Your community scoring percentage is high enough to earn the Blue Star Award! Overall Score: 73% 141 / 192 pts.) As an MS4, your community must score least 60% to earn the Blue Star Award. Section One: Planning & Preservation Part A: Water Friendly Development Patterns 72% (8 / 11 pts.) Part B: Natural Resource Preservation & Management 73% (19 / 26 pts.) Part C: Stormwater Management Funding & Incentives 66% (4 / 6 pts.) Bonus 66% (2 / 3 pts.) Section Two: Stormwater Standards & Practices Part D: Impervious Cover Management 29% (5 / 17 pts.) Part E: Stormwater Management Policies 89% (58 / 65 pts.) Part F: Green Streets For Cleaner Water 38% (5 / 13 pts.) Bonus 84% (11 / 13 pts.) Section Three: Stormwater Pollution Prevention Part G: Education & Community Programs 70% (12 / 17 pts.) Part H: Inspection & Enforcement 100% (6 / 6 pts.) Part I: Source Control 70% (7 / 10 pts.) Bonus 80% (4 / 5 pts.) Blue Star Award Recipients (as of 6/14/2017, from: www.bluestarmn.org/leaderboard) The Blue Star Award gratefully recognizes the following, award-winning communities that have gone above and beyond permit minimums and have made a special commitment to Minnesota's water. Below are the top -scoring award winners overall. Congratulation to our very best Minnesota Blue Star Communities! On behalf of our program partners, funders and advisors, as well as current and future residents and visitors to our great state: thank you for helping keep Minnesota's lakes, rivers, streams and wetlands safe, healthy and clean for future generations. Minnesota's Best Clean Water Communities (overall score): Rank Community Overall Score Total Points 1 Independence 76% 145 / 190 2 Grand Rapids 75% 144 / 190 3 Eagan 73% 141 / 192 4 Lake Elmo 71% 136 / 189 5 Plymouth 71% 138 / 192 6 Roseville 70% 131 / 186 7 Maplewood 70% 137 / 193 8 Burnsville 68% 131 / 192 9 Fridley 67% 130 / 192 10 Blaine 65% 121 / 186 Minnesota's Top -Scoring Communities By Section For communities registered and logged in to the Blue Star website, leaderboards for each section of the Blue Star Assessment are viewable below. These leaderboards are designed to assist you in learning more about how these top -scoring communities have achieved excellence in each section of the Blue Star Assessment. Top Scores by Section Section One: Planning & Preservation Rank Community Section Score Section Points 1 Plymouth 89% 41 / 46 2 Maplewood 88% 39 / 44 3 Burnsville 82% 38 / 46 4 Roseville 80% 32 / 40 5 Independence 80% 33 / 41 Section Two: Stormwater Standards & Practices Rank Community Section Score Section Points 1 Independence 84% 91 / 108 2 Grand Rapids 80% 85 / 106 3 Eagan 73% 79 / 108 4 Lake Elmo 71% 77 / 108 5 Elk River 67% 73 / 108 Section Three: Stormwater Pollution Prevention Rank Community Section Score Section Points 1 Saint Anthony 92% 35 / 38 2 Fridley 92% 35 / 38 3 Plymouth 92% 35 / 38 4 Rochester 89% 34 / 38 5 Roseville 84% 32 / 38 Agenda Information Memo June 20, 2017 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. Approve Minutes Action To Be Considered: To approve the minutes of June 6, 2017 regular City Council meeting as presented or modified. Attachments: (1) CA -1 June 6, 2017 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 6, 2017 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, June 6, 2017 at 6:00 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Community Development Hutmacher, City Planner Ridley, Public Works Director Matthys, Director of Parks and Recreation Pimental, Director of Communications Garrison, Director of Finance Pepper, Police Chief McDonald, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the May 2 and 16, 2017 regular City Council meeting, May 9, 2017 Special City Council meetings, and the amended minutes of April 4, 2017 meeting as presented or modified. B. Personnel Items: 1. It was recommended to accept the resignation of Nova Larson, PT Overnight Custodian at the Eagan Community Center, and authorize the recruitment and replacement of this position. 2. It was recommended to approve the hiring of Micki Welcher as a Clerical Tech 4 in Engineering. 3. It was recommended to approve the hiring of Nicholas Steil as a Network Security Intern. 4. It was recommended to approve the hiring of George Wexler, SLETA Police Trainee. 5. It was recommended to approve the hiring of Kristen Dorumsgaard, SLETA Police Trainee. 6. It was recommended to approve the hiring of Ashley Gengler, Finance Intern. 7. It was recommended to recognize the retirement of Officer Tom Nelson and approve the recruitment and replacement of this position. 8. It was recommended to accept the resignation of Arianna Rotty, Seasonal Building Attendant. 9. It was recommended to approve the hiring of Thomas Calhoon, Engineering Intern. City Council Meeting Minutes June 6, 2017 2 page 10. It was recommended to approve the hiring of Merek Mencel, Engineering Intern. 11. It was recommended to approve the hiring of seasonal employees for Park Maintenance, Utilities GIS, Ballfield Attendant, Recreation Program Assistant, Lifeguard, Utilities Maintenance, Landscape Crew, Cascade Bay Coordinator, Referee, Park Laborer, Streets Maintenance, and Equipment Maintenance Worker. C. It was recommended to ratify the check registers dated May 12, May 19 and May 26, 2017. D. It was recommended to approve the ordinary and customary contracts with Northland Business Systems, Cities of Bloomington, Maplewood, Hastings, St. Louis Park and the Metropolitan Airports Commission, Blue Cross and Blue Shield of Minnesota, and That Cooking School. E. It was recommended to approve an On -Sale Wine and 3.2 Percent Malt License for Civitali Restaurant Corporation doing business as Punch Neapolitan Pizza, located at 3345 Central Park Village Drive Suite 130. F. It was recommended to approve a manager change of the off -sale 3.2 Percent Malt Liquor License issued to Kwik Trip, Inc. doing business as Kwik Trip #179, 4600 Slater Road. G. It was recommended to approve a manager change of the On -Sale Liquor License issued to Granite City Restaurant Operations, Inc. doing business as Granite City Food and Brewery, 3300 Pilot Knob Road. H. It was recommended to approve an Off -Site Gambling Permit for the Eagan Lions to conduct Bingo on July 4, 2017 at 1501 Central Parkway. I. It was recommended to approve a temporary On -Sale Liquor License and waive the license fee for the Caponi Art Park on July 14, 2017 at 1210 Diffley Road. J. It was recommended to approve a temporary On -Sale Liquor License and waive the license fee for the Eagan High School Boys' Hockey Booster Club on July 15, 2017 at 3870 Pilot Knob Road. K. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 5 regarding the alcohol licensing definition of a hotel. L. It was recommended to approve a resolution to accept a cash donation from Marvin Raway for Parks and Recreation Department activities and direct the Mayor and City Clerk to sign the appropriate documents. M. It was recommended to schedule a Public Hearing on June 20, 2017, as required by Minnesota Statutes Sections 116J.993 to 1161.995 to consider a grant contract, a Minnesota Investment Fund Loan Agreement, and other documents related to the consolidation and expansion of offices for Prime Therapeutics, LLC in the City of Eagan. N. It was recommended to adopt the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2018-2022) and authorize the initiation of the public improvement process for the 2018 programmed improvements. O. It was recommended to receive a petition to vacate public drainage and utility easements on Outlot A, Eagan Gateway Business Center and schedule a public hearing to be held on July 5, 2017. P. It was recommended to authorize a variance to the Construction Activity Noise Regulation to exempt Dakota County for night Micro Surfacing on Diffley Road (CSAH 30) at Rahn Road between 10:00 p.m. and 7:00 a.m. tentatively during the week of June 12, 2017. Q. It was recommended to approve an amendment to the telecommunication lease agreement with Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, for upgrades on the Yankee Doodle Reservoir site and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to receive the Feasibility Report for Project 1245 (Quarry Road — Street & Utility Improvements) and schedule a public hearing to be held on July 5, 2017. City Council Meeting Minutes June 6, 2017 3 page S. It was recommended to award a contract for Contract 16-27 (Thomas Lane Ravine Stabilization) to BKJ Land Company for $9,970.00, and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to approve the plans and specifications for Contract 17-09 (Vikings Parkway — Streetscape Improvements) and authorize the advertisement for a bid opening to be held Thursday, June 29, 2017. U. It was recommended to terminate Contract 16-27 (Thomas Lane Ravine Stabilization) with MN Dirt Works, Inc. V. It was recommended to approve a one year extension of the Conditional Use Permit approval to allow outdoor storage of commercial trucks, trailers and other vehicles, roll -off containers, and other heavy duty equipment and materials upon property located at 3227 Terminal Drive. W. It was recommended to approve an adjustment to the Scope of Work to add an electronic community outreach platform to supplement the initial outreach scope. 2016 COMPREHENSIVE ANNUAL FINANCIAL REPORT Finance Director Pepper introduced the item noting the Comprehensive Annual Financial Report for 2016 has been completed and the audit by BerganKDV has been performed. Matt Mayer of BerganKDV gave a presentation summarizing the financial report. Councilmember Fields moved, Councilmember Bakken seconded a motion to receive and accept the 2016 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 PUBLIC HEARINGS Consent to Issuance of Educational Facilities Revenue Bonds by the City of Hugo For a Minnesota Autism Center Project in Eagan City Administrator Osberg introduced the item noting the Minnesota Autism Center is further expanding its campus. Similar to its 2015 expansion, the Minnesota Autism Center's project will be financed by tax-exempt revenue bonds to be issued by the City of Hugo. The Council is being asked to approve a resolution consenting to the issuance of educational facilities revenue bonds. The applicant was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve a resolution consenting to the issuance of educational facilities revenue bonds related to the Minnesota Autism Center project. Aye: 5 Nay: 0 OLD BUSINESS There was no old business to be heard. City Council Meeting Minutes June 6, 2017 4 page NEW BUSINESS Conditional Use Permit — Prestige Pools City Administrator Osberg introduced the item noting the shoreland zoning limits impervious coverage to a maximum of 25% of the lot size. The Council is being asked to approve a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 4668 Pine Cone Circle. City Planner Ridley gave a staff report and provided a site map. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the Conditional Use Permit. Councilmember Bakken stated the area immediately to the south of the property is owned by the City and currently shows an encroachment from the property owner. He noted the encroachment should be cleaned up or moved. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to exceed 25% impervious surface coverage in a Shoreland Overlay District on a residential lot located at 4668 Pine Cone Circle, subject to the following amended conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit (CUP) shall be recorded at Dakota County within 60 days of approval by the City Council with the following exhibit: • Site Plan dated April 19, 2017 2. The impervious surface of this lot shall not exceed 34% per the Site Plan dated April 19, 2017. 3. The applicant shall provide a financial guarantee in the amount of $3,000, prior to the release of the CUP, to ensure installation occurs per the approved plans. 4. Prior to the release of the CUP for recording, the applicant shall provide a $1,000 escrow deposit for City inspections of the stormwater volume control (rainwater harvesting) system installation stages. 5. The rainwater harvesting system shall be designed and constructed to capture a minimum of 100% of the runoff from a 1% frequency, 24-hour event (7.47"), from the parcel's excess impervious surfaces (over 25% impervious coverage). 6. The rainwater harvesting system shall be installed according to applicable guidelines in the State of Minnesota. During construction steps, the applicant shall provide notification to the City, with minimum of 24-hour notice, for inspection at critical construction stages (completion of excavation, prior to backfilling around cistern and dry -well tanks, completion of piping connections prior to final grading, etc.). City time involved in project inspection shall be withdrawn from the applicant's project escrow. 7. As -built drawings and capture volume measurements shall be provided to the City that verify minimum storage volume requirement is being met. 8. The applicant shall enter into a long-term stormwater facility inspection and maintenance agreement, detailing the maintenance required to maintain proper operation and performance of the rainwater harvesting system, in a form acceptable to the City Attorney, to be filed in the property records with Dakota County Recorder's Office, at the applicant's expense. City Council Meeting Minutes June 6, 2017 5 page 9. Applicant shall remove or relocate all physical improvements from the City's property that abuts the southern lot line within 60 days to the satisfaction of City personnel. Planned Development Amendment — Fitness 19 / Lexington Center City Administrator Osberg introduced the item noting the applicant is proposing to add an outdoor fitness training area at the north end of the building located at 4250 Lexington Avenue. City Planner Ridley gave a staff report and provided a site map. The applicant was available for questions. The Council discussed the Planned Development Amendment request. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow an outdoor fitness training area for property located at 4250 Lexington Avenue, subject to the following amended conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. The following exhibits shall be part of the Agreement: • Site Plan 2. Any fitness equipment used outside must be returned inside the building at the end of the class or session. Fitness equipment shall not be stored outside when not in use, and shall not be stored outside overnight. 3. The hours of operation for the outdoor fitness area shall be restricted to between 7:00 a.m. and 10:00 p.m. 4. Any use of an outdoor sound system shall be subject to City Code standards, including that it may not be plainly audible at a distance of 50 feet or more and shall not be used before 7:00 a.m. or after 10:00 p.m. 5. The applicant is responsible for providing the required number and placement of accessible parking stalls throughout the property. 6. Prior to release of the PD Amendment Agreement for recording, the applicant shall provide a plan for restoring at least 1,373 sf of pervious area elsewhere on the property, subject to City Staff approval. Such plan shall be implemented simultaneous with the construction of the outdoor fitness space, and no later than September 1, 2017. 7. The proposed landscape beds shall be excavated to a depth necessary to remove existing pavement and subgrade gravel and other compacted material, and replace it with a blend of soils and organic material to provide suitable permeability and growing conditions for the proposed plant materials. City Council Meeting Minutes June 6, 2017 6 page Comprehensive Guide Plan Amendment, Preliminary Subdivision (Danner Family 15` Addition) and Rezoning — Eagan Yankee Doodle Self Storage City Administrator Osberg introduced the item noting the Council at their January 3, 2017 meeting, directed staff to submit the request to the Metropolitan Council. The Council is being asked to consider a Comprehensive Land Use Guide Plan Amendment from Business Park to Limited Industrial, a Preliminary Subdivision to create one lot and an outlot upon approximately 10 acres, and a Rezoning from Business Park to 1-1 Limited Industrial. City Planner Ridley gave a staff report and provided a site map. The applicant, Jeff Johnson was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to implement a Comprehensive Land Use Guide Plan Amendment from BP (Business Park) to IND (Limited Industrial) upon approximately 2.2 acres located in the SE 1/4 of Section 12, east of Dodd Road and south of Yankee Doodle Road. Aye: 5 Nay: 0 Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision (Danner Family 15t Addition) to create one lot and an outlot upon approximately 10 acres located in the SE 1/4 of Section 12, east of Dodd Road and south of Yankee Doodle Road, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B4, C1, C2, C4, El, F1, G1 and H1 2. The property shall be platted. 3. The applicant shall provide building material percentage details for all elevations at time of Building Permit. 4. Mechanical equipment shall be screened per City Code requirements 5. The Landscape Plan shall be revised to meet City Code requirements for minimum amounts of required plant material and minimum size at time of planting. 6. The applicant shall fulfill required tree mitigation through the installation of nineteen (19) Category B trees. This required Tree Mitigation Plan shall be in addition to any landscape requirement. 7. The applicant shall submit a revised Planting Plan that accurately shows the installation of nineteen (19) Category B trees as fulfillment of Tree Preservation requirements. 8. A cash escrow to fulfill the tree mitigation requirement for the Outlot shall be provided prior to issuance of a land disturbance permit. 9. Development of the Outlot shall fulfill tree mitigation requirements through the installation of forty-seven (47) Category B trees or a cash payment of $14,063.00. This required Tree Mitigation Plan shall be in addition to any landscape requirement. 10. The applicant shall be responsible for a cash parks and trail dedication for the newly created lots payable at the time of Building Permit at the rates then in effect. City Council Meeting Minutes June 6, 2017 7 page 11. The applicant shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to Building Permit approval. 12. The applicant shall obtain the necessary right-of-way permits from Dakota County. 13. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 14. The applicant shall provide a minimum of 12 -foot -wide unobstructed reinforced equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from Yankee Doodle Road to city pond GP -5. The unobstructed equipment access path should be capable of supporting typical maintenance/excavation equipment, for periodic maintenance access to the pond and infiltration basin. 15. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 16. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control of the site's proposed impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 17. The applicant shall clarify infiltration basin details on the planting plan to ensure live -planting across the entirety of the basin bottoms (18" o.c. max spacing) with plants appropriate to the expected soil moisture conditions, and effective long-term erosion control for the overflows and at the base and top of side -slopes, etc. in accordance with Public Works standards. 18. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation and plantings, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with no less than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with Volume Control requirements. Addition and incorporation of any soil organic content shall only consist of MnDOT 3890 Grade 2 Compost, from a currently certified source, to restore soil organic content to 5% in the top 6 -inches of soil. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.). 19. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long- term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system on each parcel, in a form acceptable to the City Attorney. 20. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. City Council Meeting Minutes June 6, 2017 8 page As -built volumes for retention shall be provided for the infiltration/bioretention basins. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Rezoning from BP (Business Park) to 1-1, (Limited Industrial) of approximately 2.2 acres located in the SE 1/4 of Section 12, east of Dodd Road and south of Yankee Doodle Road. Aye: 5 Nay: 0 Planned Development Amendment and Preliminary Subdivision (Yankee Doodle Professional Building 2"d Addition) — City & County Credit Union City Administrator Osberg introduced the item noting the applicant is proposing to subdivide the site into two lots, and build a financial institution. The Council is being asked to consider a Planned Development Amendment to allow a financial institution with a drive-through facility upon proposed Lot 2 Yankee Doodle Professional Building 2"d Addition, and a Preliminary Subdivision. City Planner Ridley gave a staff report and provided a site map. Patrick Pierce, President of City & County Credit Union, noted they are looking forward to moving to the new location and is available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen stated his concern with the 9 ft. wide parking stalls, particularly in light of the excess of parking being proposed, and would like to see 10 ft. wide parking stalls. The applicant was agreeable to changing the most easterly bank of parking stalls to 10 ft. wide stalls. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow a financial institute with a drive-through facility upon proposed Lot 2 Yankee Doodle Professional Building 2nd Addition, located at the northwest corner of Yankee Doodle Road and Central Parkway, subject to the following amended conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment /Final Planned Development Agreement shall be executed, in a form acceptable to the City Attorney, and recorded against the property within 90 days of City Council approval. The Agreement shall include the following exhibits: • Site Plan • Building Elevations Plan • Landscape Plan • Site Lighting Plan • Signage Plan 2. Signage shall be permitted on four elevations as identified on the Building Elevations. This deviation is allowed in consideration of no free-standing signage, and no direct access to abutting streets. City Council Meeting Minutes June 6, 2017 9 page 3. A Sign Permit is required prior to installation of any signs. The building name and logo shall be placed such that they are considered as one sign per the City's Sign Code. 4. Any signs that meet the definition of window signage in the City Code shall be subject to compliance with applicable City Code standards. S. A revised Landscape Plan shall be provided with a corrected plant schedule (some plant quantities do not match with the graphic and one shrub item should be relocated under the perennials heading). 6. The Landscape Details plan shall be revised for the tree planting specifications to note the root flare is to be visible and 1"-2" above grade, and no mulch placed in contact with the trunk of the tree. 7. The developer shall enter into an encroachment agreement with the City for placement and maintenance of this landscaping within the public easement, in a form acceptable to the City Attorney. 8. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 9. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control of the site's proposed impervious surface area (or equivalent water quality treatment through filtration) and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 10. The applicant shall clarify underground stormwater filtration system details, including that no geosynthetic fabric will be installed below the chambers, with the exception of the header row and the sides and top of the underground system. Also, pre-treatment shall be provided at all catchbasins immediately upstream of the underground system inlets, in the form of four -foot depth sump structures with appropriately sized floatable skimmer hoods installed in each sump location. 11. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long- term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 12. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes for retention shall be provided for the filtration system. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 13. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. City Council Meeting Minutes June 6, 2017 10 page 14. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Final Subdivision. 15. The applicant shall provide private maintenance agreements and cross -easements for ingress/egress, in a form acceptable to the City Attorney, at time of final subdivision approval. 16. Parking stalls along the eastern lot line shall be striped at 10 ft. wide. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Yankee Doodle Professional Building 2nd Addition) to create two lots upon approximately 1.72 acres located at the northwest corner of Yankee Doodle Road and Central Parkway, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al, B1, C1, C2, C4, El, F1, G1, and H1. 2. The property shall be platted. 3. Signage shall be permitted on four elevations as identified and in the sizes shown on the Building Elevations. This deviation to the number of building signs is in consideration of no free- standing signage, and no direct access to abutting streets. 4. A Sign Permit is required prior to installation of any signs. The building name and logo shall be placed such that they are considered as one sign per the City's Sign Code. 5. Any signs that meet the definition of window signage in the City Code shall be subject to compliance with applicable City Code standards. 6. A revised Landscape Plan shall be provided with a corrected plant schedule (some plant quantities do not match with the graphic and one shrub item should be relocated under the perennials heading). 7. The Landscape Details plan shall be revised for the tree planting specifications to note the root flare is to be visible and 1"-2" above grade, and no mulch placed in contact with the trunk of the tree. 8. The developer shall enter into an encroachment agreement with the City for placement and maintenance of this landscaping within the public easement, in a form acceptable to the City Attorney. 9. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 10. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control of the site's proposed impervious surface area (or equivalent water quality treatment through filtration) and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 11. The applicant shall clarify underground stormwater filtration system details, including that no geosynthetic fabric will be installed below the chambers, with the exception of the header row and the sides and top of the underground system. Also, pre-treatment shall be provided at all City Council Meeting Minutes June 6, 2017 11 page catchbasins immediately upstream of the underground system inlets, in the form of four -foot depth sump structures with appropriately sized floatable skimmer hoods installed in each sump location. 12. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long- term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 13. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (infiltration basins, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes for retention shall be provided for the filtration system. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 14. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 15. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Final Subdivision. 16. The applicant shall provide private maintenance agreements and cross -easements for ingress/egress, in a form acceptable to the City Attorney, at time of final subdivision approval. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Fields announced the Big Rig Rally is this Thursday, June 8 from 4-7:00 p.m. at the renovated Central Maintenance Facility, and from 5-8:00 p.m. at the new Fire Station #1. She also noted Market Fest opens tomorrow Wednesday, June 8 from 4-8:00 p.m. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:30 p.m. Aye: 5 Nay: 0 City Council Meeting Minutes June 6, 2017 12 page Date Mayor City Clerk Agenda Information Memo June 20, 2017 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Accept the resignation of Matthew Houle, Police Officer, and authorize the recruitment and replacement of this position. ITEM 2. Action To Be Considered: Authorize the hiring of Ryan Toth as a Planning Intern. Facts: ➢ This position was approved in the 2017 budget. ITEM 3. Action To Be Considered: Approve the hiring of the following seasonal employees. Anderson, Abigail M Bondhus, Leanne K Buchert, Heather M Burright, Nicholas D Durand, Clare M Engdahl, Ethan M Follett Dion, Timothy E Fritz, Virginia C Giebel, Michael J Goetz, Samuel J Honkanen, Kyra L Howland, Shannah N Kinny, Jason Rec Assisstant Fitness Instructor Rec Assisstant Rec Leader Rec Leader Park Maint Rec Assisstant Rec Leader Utilities Maint Site Coordinator Site Coordinator Rec Leader Rec Leader Kohn, Amy S Fitness Instructor Kranz, Olivia M Rec Leader Kugler, Greta L Rec Assisstant Larsen, Megan M Rec Leader Lutz, Jeremy D Site Coordinator Mckeown, Reid P Rec Assisstant Merritt, Mara A Lifeguard Mills, Joseph M Rec Assisstant Morse, Matthew E Landscape Crew Pagois, Ryan T Rec Leader Peifer, Isaac R Rec Assisstant Peterson, Kathryn M Rec Leader Powell, Charles C Rec Assisstant Propson, Aaron M Rec Assisstant Rowe, Douglas S Utilities Maint Savage, Mariah L Rec Leader Schwartz, Carolyn A Rec Assisstant Sheahan, Kathryn A Rec Assisstant Sidhu, Annika K Site Coordinator Skora, Nicole M Fitness Instructor Slaikeu, Emma K Rec Assisstant Smith, Brittney R Site Coordinator Srikanth, Nikhil Rec Leader Thompson, John M Rec Assisstant Thompson, Matthew Rec Assisstant Week, Ashlyn A Pool Attendent Wilkin, Rebecca M Rec Leader Agenda Information Memo June 20, 2017 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated June 2 and 9, 2017 as presented. Attachments: (2) CC -1 Check register dated June 2, 2017 CC -2 Check register dated June 9, 2017 R55CKR2 LOGIS101 Check # Date 191421 6/2/2017 191422 6/2/2017 191423 6/2/2017 191424 6/2/2017 191425 6/2/2017 City of Eagan Council Check Register by GL Council Check Register by Invoice & Summary 5/29/2017 - 6/2/2017 '1' Y51( 7 6/1/2017 17:02:09 Page - 1 Amount Supplier / Explanation PO 4 Doc No Inv No Account No Subledger Account Description Business Unit 101396 ALEX AIR APPARATUS, INC. 147.50 QUARTERLY AIR TEST- ST 2 260377 32815 1227.6535 Other Contractual Services SCBA 149.00 QUARTERLY AIR TEST - ST 1 260378 32816 1227.6535 Other Contractual Services SCBA 147.50 QUARTERLY AIR TEST - ST 4 260379 32817 1227.6535 Other Contractual Services SCBA 444.00 561.00 1,032.00 1,593.00 118668 AMERICAN GLASS & MIRROR CLAIM CP31480 CLAIM CP31254 100417 ANCOM COMMUNICATIONS INC 535.00 COUNT UP RESPONSE CLOCK ST 2 535.00 260386 315109 260376 315110 260463 69452 100360 APPLE FORD LINCOLN APPLE VALLEY 41.42 RO 422 UNIT 129 260538 399548 41.42 114.37 173.00 287.37 144673 ARCADE ELECTRIC LIGHTING PARTS LIGHTING REPAIR LABOR 260542 8764 260542 8764 9591.6386 9591.6386 1221.6535 9001.1415 3109.6234 3109.6428 Insurance Deductible Insurance Deductible Other Contractual Services Inventory - Parts Field/Other Equipment Repair Field/Other Equipment Repair -L Risk Management Risk Management Administration -Fire General Fund Lighting Maintenance Lighting Maintenance 191426 6/2/2017 149991 ARCHIBALD, SCOTT 23.59 9474-OVRPMNT 1327 SHADOW CREEK 260384 052417 9220.2250 Escrow Deposits Public Utilities 23.59 191427 6/2/2017 622.88 107.47 730.35 100010 ASTLEFORD EQUIP CO INC RO 420 UNIT 124 RO 420 UNIT 124 191428 6/2/2017 146829 AT&T MOBILITY 41.24 4/18/17-5/17/17 41.24 4/18/17-5/17/17 82.48 191429 6/2/2017 149992 BARNARD-CORBINE, ANGELA 260535 T398587 260536 T398600 9001.1415 9001.1415 Inventory - Parts Inventory - Parts General Fund General Fund 260385 287262588400X05 2010.6355 Cellular Telephone Service General Engineering 252017 260385 287262588400X05 9701.6355 Cellular Telephone Service PEG -eligible 252017 R55CKR2 LOGIS101 Check # Date 191429 6/2/2017 191430 6/2/2017 191431 6/2/2017 191432 6/2/2017 191433 6/2/2017 191434 6/2/2017 191435 6/2/2017 191436 6/2/2017 191437 6/2/2017 191438 6/2/2017 Amount Supplier / Explanation PO # 149992 BARNARD-CORBINE, ANGELA 28.85 9474-OVRPMNT 3667 CARDINAL WAY 28.85 180.00 810.00 4,995.00 5,985.00 142024 BASER & PL UMPIRES WOMEN'S SB OFFICIAL ASSIGN FEE CO-REC SB OFFICIAL ASSIGN FEE MEN'S SB OFFICIALS ASSIGN FEE City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 2 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 Doc No Inv No 260383 052417 260470 051117 260470 051117 260470 051117 Account No Subledger Account Description Business Unit Continued... 9220.2250 Escrow Deposits Public Utilities 3049.6327 3050.6327 3048.6327 Sporting Event Officials Sporting Event Officials Sporting Event Officials Adult Softball -Women Adult Softball-Co-Rec Adult Softball -Men 100397 BATTERIES PLUS 42.49 BATTERIES 260381 026-313405 1221.6238 Communication System Parts Administration -Fire 2.99 LIGHT BULB FOR UNIT 20 260380 26-313414 1224.6231 Mobile Equipment Repair Parts Engineer 45.48 102077 BOLKS, STEPHANIE 67.33 OUTSTATE INVESTIGATION COSTS 67.33 260482 051917 1105.6520 121788 CAMPBELL KNUTSON PROFESSIONAL ASSOC. (R) 41.00 FORF DISTRIBUTION 20% 260387 053017 41.00 102087 CLAREY'S SAFETY EQUIPMENT 828.00 FIREFIGHTER HOODS 828.00 9695.2193 260382 171600 1225.6224 149985 CLARIDGE PRODUCTS & EQUIPMENT INC 771.30 FS1 DISPLAY BOARD 260388 IN1338159 771.30 146281 CORNERSTONE PARKING GROUP INC. 1,231.94 MULCH AND LANDSCAPING 260389 1418 1,231.94 128852 DAK CTY REGIONAL CHAMBER OF COMMERCE 25.00 LEG BREAKFAST - GARY HANSEN 260391 66957 25.00 119693 DAKOTA COUNTY ATTORNEY'S OFFICE (R) 5,092.30 FORF DISTRIBUTION 20% 260392 053017 9354.6640 Major Investigation Expenses Investigation/Crime Prevention Due to Local Govt Dakota Co Drug Task Force Clothing/Personal Equipment Fire / EMS Equipment Machinery/Equipment FIRE STATION 1 9116.6253 Turf Maintenance & Landscape S Cedar Grove Parking Garage 0101.6477 Local Meeting Expenses Legislative/Policy Development 9695.2192 Due to County Govt Dakota Co Drug Task Force R55CKR2 LOGIS101 Check # Date 191438 6/2/2017 191439 6/2/2017 191440 6/2/2017 191441 6/2/2017 191442 6/2/2017 191443 6/2/2017 191444 6/2/2017 City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 3 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 Amount Supplier / Explanation PO # Doc No Inv No 119693 DAKOTA COUNTY ATTORNEY'S OFFICE (R) 5,092.30 130716 DAKOTA COUNTY PT & R 92.00 DOCUMENT RECORDING 92.00 49.54 14.00 18.67 64.25 20.99 167.64 2,873.62 14.00 38.49 118.57 38.60 208.49 14.11 19.13 3,660.10 1,321.58 1,296.48 273.06 2,891.12 100050 DAKOTA ELECTRIC CARNELIAN LANE HOCKEY RINK RIDGE CLIFF PARK PILOT KNOB PARK BERRY RIDGE STORM PILOT KNOB WELL SITE RINK HIGHLINE TRAIL STORM WELL #19 HEINE CT AERATOR 31/WESCOTT SIGNALS 1275 TOWERVIEW ROAD CEDAR GROVE SIGNALS CEDARVALE BVLD LIGHTS DENMARK AVE #SLSIGN CHLOE LANE LIFTSTATION 100447 DALCO CUSTODIAL SUPPLIES CU CUSTODIAL SUPPLIES 260390 P 490313 Account No 0720.6481 260393 128582-4-MAY17 3106.6405 260394 170637-3-MAY17 3106.6405 260395 177545-1MAY17 3106.6405 260396 189767-7-MAY17 6439.6408 260397 200813-4-MAY17 3106.6405 260398 201116-1-MAY17 6439.6408 260399 203725-7-MAY17 6154.6409 260400 203785-1-MAY17 6520.6405 260401 214661-1-MAY17 6301.6407 260402 321533-2-MAY17 3106.6405 260403 333642-7-MAY17 6301.6407 260404 346992-1-MAY17 6301.6406 260405 405764-2-MAY17 6301.6407 260406 472429-0-MAY17 6239.6405 260494 3174565 260495 3175809 260466 3176791 147267 DEALER AUTOMOTIVE SERVICES INC. 102.00 RO 421 UNIT 901 260412 4-212044 102.00 108624 EBERT CONSTRUCTION 178,288.26 CONT 16-04 PMT 13 178,288.26 100060 ECM PUBLISHERS INC 28.63 PH - PINE CONE CIR CUP 28.63 PH - YANKEE DOODLE STORAGE 260414 053117 260409 489596 260410 489597 3304.6223 6827.6223 6827.6223 9001.1415 9355.6710 0401.6359 0401.6359 Subledger Account Description Continued... Recording Fees Electricity Electricity Electricity Electricity -Lift Stations Electricity Electricity -Lift Stations Electricity-Wells/Booster Stat Electricity Electricity -Signal Lights Electricity Electricity -Signal Lights Electricity -Street Lights Electricity -Signal Lights Electricity Building/Cleaning Supplies Building/Cleaning Supplies Building/Cleaning Supplies Inventory - Parts Project - Contract Legal Notice Publication Legal Notice Publication Business Unit General Admin -Planning & Zonin Structure Care & Maintenance Structure Care & Maintenance Structure Care & Maintenance Lift Station Maintenanc/Repair Structure Care & Maintenance Lift Station Maintenanc/Repair South Plant Building Basin Mgmt-Aeration Street Lighting Structure Care & Maintenance Street Lighting Street Lighting Street Lighting Lift Station Maintenanc/Repair Bldg/Facilities Maintenance Building Maintenance Building Maintenance General Fund MAINTENANCE FACILITY EXPANSION General & Admn-City Clerk General & Admn-City Clerk R55CKR2 LOGIS101 Check # Date 191444 6/2/2017 191445 6/2/2017 191446 6/2/2017 191447 6/2/2017 191448 6/2/2017 191449 6/2/2017 191450 6/2/2017 191451 6/2/2017 191452 6/2/2017 191453 6/2/2017 Amount Supplier / Explanation 100060 ECM PUBLISHERS INC 32.72 PH - YANKEE DOODLE PROF 28.63 PH - FITNESS 19 118.61 City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 4 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 PO # Doc No Inv No 260408 489598 260407 489599 Account No 0401.6359 0401.6359 Subledger Account Description Business Unit Continued... Legal Notice Publication Legal Notice Publication General & Admn-City Clerk General & Admn-City Clerk 138929 ELROYS ELECTRIC SERVICE 88.00 TOOL REPAIR 260539 5465 3129.6240 Small Tools Shop Mtn/General Repairs 88.00 146802 EMERGENCY RESPONSE SOLUTIONS 1,690.00 SCBA TECHNICIAN TRAINING 260411 8766 1227.6476 Conferences/Meetings/Training SCBA 1,690.00 100437 FILTRATION SYSTEMS INC 132.92 HOLDERS FOR PRE FILTERS STP 260467 79043 6154.6230 Repair/Maintenance Supplies -Ge South Plant Building 132.92 100157 FORCE AMERICA INC 66.37 RO 268 UNIT 324 260534 INOO1-1134532 9001.1415 Inventory - Parts General Fund 66.37 140759 FORD METRO INC. 3,668.80 CLAIM CP28604 260413 73211 9591.6386 Insurance Deductible Risk Management 3,668.80 145093 FORECAST PUBLIC ART 1,225.00 CONSULTANT FEE 260528 1107 3091.6535 Other Contractual Services Arts Planning 1,225.00 100515 FOSSUM, ANDREW 241.90 FDIC INTERNATIONAL 2018 260416 042917 1223.6476 Conferences/Meetings/Training Training Fire & EMS 241.90 148062 FREDERICKS, CHARLES 8.00 PARKING CHARGES FOR TRAINING 260423 051717 2201.6476 Conferences/Meetings/Training Gen/Adm-Streets 8.00 100071 G & K SERVICES 18.00 RUGS ECC 20.90 RUGS FSC 38.90 260468 6182490614 260469 6182490615 6827.6569 3313.6569 Maintenance Contracts Maintenance Contracts Building Maintenance Fire Buildings R55CKR2 LOGIS101 Check # Date 191453 6/2/2017 191454 6/2/2017 191455 6/2/2017 191456 6/2/2017 191457 6/2/2017 191458 6/2/2017 191460 6/2/2017 Amount Supplier / Explanation 100071 G & K SERVICES City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 5 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 PO # Doc No Inv No 100465 GERTEN GREENHOUSES 113.39 CB RIVER ROCK AND POLY 24.95 TOPSOIL 153.30 BAGGED MULCH FOR HOLZ FARM 759.80 AD LANDSCAPING AT TRAPP FARM 1,051.44 149990 GOETZKE, ALESHIA 63.87 9474-OVRPMNT 2129 CEDAR GROVE 63.87 120340 GREEN MILL 797.00 BIRTHDAY PARTY PIZZAS 797.00 100085 HARDWARE HANK 3.99 HAND WIPES- MEDICAL 9.49 PD TRAINING SUPPLIES 63.53 LUBE 11.99 BLDG REPAIR 32.97 CANCER PREVENTION SUPPLIES 89.20 REPAIR PARTS 1.05 RO 435 UNIT 1124 212.22 260472 1342 /7 260473 1347 /7 260471 6280 /6 260474 6767 /6 260421 052417 260529 042017 260417 1685927 260419 1687618 260543 1688058 260540 1688241 260420 1688365 260541 1689209 260537 1689731 138577 HENNEPIN COUNTY ATTORNEY'S OFFICE (R) 670.00 FORF DISTRIBUTION 20% 260424 053017 670.00 100627 HOME DEPOT CREDIT SERVICES 148.69 SUPPLIES 133.46 SUPPLIES 133.46 SUPPLIES 56.87 PARTS 186.72 WATER SOFTENER PELLETS 53.90 SUPPLIES 58.42 SUPPLIES FOR OFFICE RENO 18.61 TOOLS 107.15 SUPPLIES 260501 1010887 260506 11015 260506 11015 260515 11055 260503 2015542 260502 3015442 260514 3083199 260498 3613576 260519 4011912 Account No 3217.6250 3217.6250 3205.6250 3214.6630 9220.2250 6805.6855 1225.6222 1228.6220 3127.6235 3106.6233 1225.6230 3127.6231 9001.1415 9695.2192 6827.6233 6156.6233 6146.6233 2244.6231 6146.6230 6154.6223 2401.6210 6720.6240 2240.6256 Subledger Account Description Continued... Landscape Material & Supplies Landscape Material & Supplies Landscape Material & Supplies Other Improvements Escrow Deposits Merchandise for Resale Medical/Rescue/Safety Supplies Operating Supplies - General Fuel, Lubricants, Additives Building Repair Supplies Repair/Maintenance Supplies -Ge Mobile Equipment Repair Parts Inventory - Parts Due to County Govt Building Repair Supplies Building Repair Supplies Building Repair Supplies Mobile Equipment Repair Parts Repair/Maintenance Supplies -Ge Building/Cleaning Supplies Office Supplies Small Tools Snow Removal/Ice Control Suppl Business Unit Landscape Mtn -Non -park sites Landscape Mtn -Non -park sites Mulching Landscape Planting -Park Sites Public Utilities Birthday Parties Fire / EMS Equipment Inspection and Prevention Equipment Maintenance/Repair Structure Care & Maintenance Fire / EMS Equipment Equipment Maintenance/Repair General Fund Dakota Co Drug Task Force Building Maintenance South Well Field North Plant Building Street Equipment Repair/Mtn North Plant Building South Plant Building Gen/Adm-Central Services Pool Attendant Street Plowing/Sanding R55CKR2 LOGIS101 City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 6 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 Check # Date Amount Supplier / Explanation PO # Doc No Inv No 191460 6/2/2017 100627 HOME DEPOT CREDIT SERVICES 38.94 WELL #1 260509 4011915 13.94 SUPPLIES 260513 4015314 72.37 SUPPLIES 260496 4091532 38.26 TOOLS 260505 5010390 12.90 CONCRETE MIX 260518 5011721 5.79 PAINT SUPPLIES -OFFICE RENO 260512 6082760 3.28 SUPPLIES 260499 7092562 59.51 SUPPLIES 260500 7561627 30.21 SUPPLIES 260507 8011278 31.00 CONCRETE MIX 260508 8011339 191.11 TOOLS 260504 8022997 51.96 SQUEEGEE W/HANDLE (2) 260516 80391 23.06 SUPPLIES 260497 80508 51.96- SQUEEGEE W/HANDLE (2) 260517 8160140 19.84 PAINT SUPPLIES -OFFICE RENO 260510 82142 20.97 SHOP TOOLS 260511 90640 191461 6/2/2017 191462 6/2/2017 191463 6/2/2017 1,458.46 148985 HP INC. 3,996.00 COMMAND VEHICLE LAPTOPS 3,996.00 149714 HYDROCORP 5,365.00 CROSS CONNECTION CONTROL 5,365.00 260415 58460290 Account No Subledger Account Description Business Unit Continued... 6148.6240 Small Tools North Well Field 2244.6257 Signs & Striping Material Street Equipment Repair/Mtn 6603.6233 Building Repair Supplies Building Repair & Maint. 6154.6240 Small Tools South Plant Building 2242.6257 Signs & Striping Material Signs -Installation & Mtn 2401.6210 Office Supplies Gen/Adm-Central Services 6827.6233 Building Repair Supplies Building Maintenance 6827.6233 Building Repair Supplies Building Maintenance 6146.6233 Building Repair Supplies North Plant Building 6146.6233 Building Repair Supplies North Plant Building 6146.6240 Small Tools North Plant Building 2401.6240 Small Tools Gen/Adm-Central Services 6602.6230 Repair/Maintenance Supplies -Ge Equipment Repair & Maint. 2401.6240 Small Tools Gen/Adm-Central Services 2401.6210 Office Supplies Gen/Adm-Central Services 2401.6240 Small Tools Gen/Adm-Central Services 3511.6680 Mobile Equipment Equip Rev Fd -Dept 11 260476 0042944 -IN 6131.6310 Professional Services -General Water Customer Service 141715 INTEGRA TELECOM 3.37 260422 14670150 1221.6347 Telephone Service & Line Charg Administration -Fire 5.48 260422 14670150 2460.6347 Telephone Service & Line Charg Building And Grounds 11.80 260422 14670150 0501.6347 Telephone Service & Line Charg General & Admn-Finance 13.91 260422 14670150 1108.6347 Telephone Service & Line Charg Communications 39.45 260422 14670150 0301.6352 Telephone Circuits IT -Gen & Admn 39.45 260422 14670150 0301.6352 Telephone Circuits IT -Gen & Admn 39.45 260422 14670150 0301.6352 Telephone Circuits IT -Gen & Admn 39.45 260422 14670150 0301.6352 Telephone Circuits IT -Gen & Admn 39.46 260422 14670150 0301.6352 Telephone Circuits IT -Gen & Admn 39.46 260422 14670150 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 260422 14670150 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 260422 14670150 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 260422 14670150 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance R55CKR2 LOGIS101 City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 7 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 191463 6/2/2017 141715 INTEGRA TELECOM Continued... 39.46 260422 14670150 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 260422 14670150 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 260422 14670150 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 260422 14670150 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 260422 14670150 3304.6347 Telephone Service & Line Charg Bldg/Facilities Maintenance 39.46 260422 14670150 0301.6352 Telephone Circuits IT -Gen &Admn 39.46 260422 14670150 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 260422 14670150 0301.6352 Telephone Circuits IT -Gen &Admn 39.46 260422 14670150 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 260422 14670150 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 260422 14670150 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 39.46 260422 14670150 0301.6352 Telephone Circuits IT -Gen &Admn 39.47 260422 14670150 0301.6352 Telephone Circuits IT -Gen &Admn 42.03 260422 14670150 3106.6347 Telephone Service & Line Charg Structure Care & Maintenance 42.15 260422 14670150 0301.6352 Telephone Circuits IT -Gen & Admn 42.15 260422 14670150 1108.6347 Telephone Service & Line Charg Communications 42.15 260422 14670150 1105.6457 Machinery & Equipment -Rental Investigation/Crime Prevention 42.15 260422 14670150 0301.6352 Telephone Circuits IT -Gen & Admn 42.15 260422 14670150 0301.6352 Telephone Circuits IT -Gen &Admn 54.18 260422 14670150 1221.6347 Telephone Service & Line Charg Administration -Fire 88.05 260422 14670150 2460.6347 Telephone Service & Line Charg Building And Grounds 189.64 260422 14670150 0501.6347 Telephone Service & Line Charg General &Admn-Finance 223.50 260422 14670150 1108.6347 Telephone Service & Line Charg Communications 43.85 260422 14670150 9116.6352 Telephone Circuits Cedar Grove Parking Garage 43.85 260422 14670150 9116.6352 Telephone Circuits Cedar Grove Parking Garage 43.85 260422 14670150 9116.6352 Telephone Circuits Cedar Grove Parking Garage 43.86 260422 14670150 9116.6352 Telephone Circuits Cedar Grove Parking Garage 43.86 260422 14670150 9116.6352 Telephone Circuits Cedar Grove Parking Garage 43.86 260422 14670150 9116.6352 Telephone Circuits Cedar Grove Parking Garage 1.26 260422 14670150 6101.6347 Telephone Service & Line Charg Water -Administration 20.32 260422 14670150 6101.6347 Telephone Service & Line Charg Water -Administration 39.44 260422 14670150 6154.6347 Telephone Service & Line Charg South Plant Building 39.45 260422 14670150 6154.6347 Telephone Service & Line Charg South Plant Building 39.45 260422 14670150 6154.6347 Telephone Service & Line Charg South Plant Building 39.45 260422 14670150 6146.6347 Telephone Service & Line Charg North Plant Building 39.45 260422 14670150 6146.6347 Telephone Service & Line Charg North Plant Building 39.45 260422 14670150 6146.6347 Telephone Service & Line Charg North Plant Building 39.45 260422 14670150 6146.6347 Telephone Service & Line Charg North Plant Building 39.46 260422 14670150 6239.6347 Telephone Service & Line Charg Lift Station Maintenanc/Repair R55CKR2 LOGIS101 Check # Date 191463 6/2/2017 191464 6/2/2017 191465 6/2/2017 191466 6/2/2017 191468 6/2/2017 191469 6/2/2017 191470 6/2/2017 191471 6/2/2017 191472 6/2/2017 City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 8 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 141715 INTEGRA TELECOM Continued... 39.46 260422 14670150 6239.6347 Telephone Service & Line Charg Lift Station Maintenanc/Repair 39.47 260422 14670150 6146.6347 Telephone Service & Line Charg North Plant Building 1.69 260422 14670150 6601.6347 Telephone Service & Line Charg General/Administrative-Arena 27.09 260422 14670150 6601.6347 Telephone Service & Line Charg General/Administrative-Arena 1.69 260422 14670150 6716.6347 Telephone Service & Line Charg General Administration 27.09 260422 14670150 6716.6347 Telephone Service & Line Charg General Administration 2.95 260422 14670150 6801.6347 Telephone Service & Line Charg General & Administrative 47.41 260422 14670150 6801.6347 Telephone Service & Line Charg General & Administrative 2,497.96 115944 INTEREUM, INC. 813.42 OFFICE RENO - CMF 813.42 149955 ITEN, ROB 280.00 FDIC INTERNATIONAL 2018 280.00 144674 JACKSON & ASSOCIATES LLC 4,170.00 WELL 6 RE -ROOF 4,170.00 100662 LAW ENFORCEMENT LABOR 3,136.00 JUNE 2017 UNION DUES 3,136.00 260418 131157 260425 042917 260481 7077 260520 OFFICERS/SRGS 5/27/17 9336.6660 Office Furnishings & Equipment Gen Facilities Renew & Replmt 1223.6476 Conferences/Meetings/Training Training Fire & EMS 6148.6427 Building Operations/Repair-Lab North Well Field 9592.2026 Ded Pay - Pol Off Unio Benefit Accrual 120069 LEVANDER, GILLEN & MILLER P.A. 101.80 FORF DISTRIBUTION 20% 260430 053017 9695.2193 Due to Local Govt Dakota Co Drug Task Force 101.80 146268 LIFE SUPPORT INNOVATIONS 1,161.10 PEDIACTRIC AED PADS 260427 1377 1225.6222 Medical/Rescue/Safety Supplies Fire / EMS Equipment 1,161.10 100111 LOGIS 115.00 260426 43556 0301.6350 LOGIS IT Services IT -Gen & Admn 115.00 145890 MANSFIELD OIL COMPANY R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 9 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 191472 6/2/2017 145890 MANSFIELD OIL COMPANY Continued... 17,235.71 FIXED FUEL PURCHASE ST. CONTRA 260429 312361 9001.1411 Inventory - Motor Fuels General Fund 17,235.71 191473 6/2/2017 100118 MARKS TOWING 50.00 JUMPED COMMAND VEHICLE 260479 462815 1104.6538 Towing Charges Patrolling/Traffic 50.00 191474 6/2/2017 140632 MAUER CHEVROLET 1,956.04 RO 403 UNIT 105 260428 6134962/1-1 9001.1415 Inventory - Parts General Fund 1,956.04 191475 6/2/2017 100121 MCNAMARA CONTR INC 1,265.36 CONT 17-01 PMT 2 260431 053017 8229.6710 Project - Contract P1229 Waterview 9,329.18 CONT 17-01 PMT 2 260431 053017 8230.6710 Project - Contract P1230 Pinetree Forest 10,552.61 CONT 17-01 PMT 2 260431 053017 8232.6710 P232A Project - Contract P1232 Gardenwood Ponds 1st&3rd 10,876.16 CONT 17-01 PMT 2 260431 053017 8227.6710 Project - Contract P1227 Cedar Industrial Park 13,022.13 CONT 17-01 PMT 2 260431 053017 8228.6710 Project - Contract P1228 Woodgate 2nd 26,158.20 CONT 17-01 PMT 2 260431 053017 8232.6710 Project - Contract P1232 Gardenwood Ponds 1st&3rd 27,286.09 CONT 17-01 PMT 2 260431 053017 8234.6710 Project - Contract P1234 Gopher Eagan Industrial 29,667.80 CONT 17-01 PMT 2 260431 053017 8233.6710 Project - Contract P1233 South hills 1st 33,861.59 CONT 17-01 PMT 2 260431 053017 8235.6710 Project - Contract P1235 Halley's 37,129.26 CONT 17-01 PMT 2 260431 053017 8231.6710 Project - Contract P1231 Lexington Pointe 11 &14th 199,148.38 191476 6/2/2017 149987 MINOR, HAROLD 675.00 MARKET FEST ENTERTAINMENT 6/7 191477 6/2/2017 675.00 260432 060717 3061.6320 Instructors Market Fest 116617 MN ASSOC OF GOVERNMENT COMMUNICATORS 30.00 GOVT. COMMUNICATORS SEMINAR 260433 200000044 20.00 GOVT. COMMUNICATORS SEMINAR 260434 200000171 50.00 191478 6/2/2017 100664 MN CHILD SUPPORT 586.52 PAYROLL ENDING 5/27/17 319.79 PAYROLL ENDING 5/27/17 906.31 0901.6476 Conferences/Meetings/Training Gen & Admin -Communications 0901.6476 Conferences/Meetings/Training Gen & Admin -Communications 260521 GARNISHMENT 9592.2030 5/27/17 260522 GARNISHMENT 9592.2030 5/27/17-1 Ded Pay - Garnishments Benefit Accrual Ded Pay - Garnishments Benefit Accrual R55CKR2 LOGIS101 Check # Date 191479 6/2/2017 Amount Supplier / Explanation PO # 120087 MN ENERGY RESOURCES CORP 17.71 RAHN PARK WARMING HOUSE 2,998.20 NORTH TREATMENT PLANT 19.32 WELL #3 18.46 TRAPP FARM PARK 32.28 HOLZ FARM 3,085.97 191480 6/2/2017 100663 MN TEAMSTERS 320 1,256.25 JUNE 2017 UNION DUES 2,633.30 JUNE 2017 UNION DUES 3,889.55 191481 6/2/2017 143252 MOSS & BARNETT 4,762.50 COMCAST FRANCHISE NEGOTIATIONS 191482 6/2/2017 191483 6/2/2017 191484 6/2/2017 191485 6/2/2017 4,762.50 362.57 47.90 410.47 100146 MTI DISTR CO PARKS MOWER PARTS PARKS MOWER PARTS 104390 NARDINI FIRE EQUIPMENT 420.00 ANNUAL TEST 420.00 125742 NATIONAL DRIVE 2.00 PAYROLL ENDING 5/27/17 2.00 100659 NC PERS GROUP LIFE -MN 992.00 PAYROLL ENDING 5/13/17 992.00 City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 10 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 Doc No Inv No Account No 260441 0505212492-0000 3106.6410 1 -MAY 17 260443 0505460873-0000 6146.6410 1 -MAY 17 260444 0505460873-0000 6146.6410 2-MAY17 260442 0506168916-0000 3106.6410 1 -MAY 17 260445 0506678453-0000 3106.6410 1 -MAY 17 260545 CLERICAL 5/27/17 260524 PUB WKS MAINT 5/27/17 Subledger Account Description Business Unit Continued... Natural Gas Service Natural Gas Service Natural Gas Service Natural Gas Service Natural Gas Service Structure Care & Maintenance North Plant Building North Plant Building Structure Care & Maintenance Structure Care & Maintenance 9592.2029 Ded Pay -Clerical Union Dues Benefit Accrual 9592.2027 Ded Pay- Pub Wks Union Dues Benefit Accrual 260437 667004 9703.6311 260438 1116751-00 260439 1117138-00 260475 IN00045138 260525 052717 260526 LIFE INS/PERA 5/13/17 9001.1415 9001.1415 3313.6569 9592.2037 9592.2021 Legal Outside Projects Inventory - Parts Inventory - Parts Maintenance Contracts Ded Payable -Teamsters DRIVE Ded Payable - Insurance General Fund General Fund Fire Buildings Benefit Accrual Benefit Accrual R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 11 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 191485 6/2/2017 100659 NC PERS GROUP LIFE -MN Continued... 191486 6/2/2017 138080 NELSON AUTO CENTER 32,359.95 EPU SQUAD FROM ECCPA 260446 FH051 3511.6680 Mobile Equipment Equip Rev Fd -Dept 11 32,359.95 191487 6/2/2017 141801 NORTH AMERICAN TITLE COMPANY 38.18 9474-OVRPMNT 1587 CLEMSON DR 260440 052417 9220.2250 Escrow Deposits Public Utilities 38.18 191488 6/2/2017 102887 NORTH CENTRAL REFORESTATION, INC. 124.26 AD SEEDLINGS 260478 5109 3226.6630 Other Improvements Public Education/Education 124.26 191489 6/2/2017 100454 NORTHERN AIR CORP 5,972.00 VFD REPLACEMENT 260493 138491 9336.6535 Other Contractual Services Gen Facilities Renew & Replmt 5,972.00 191490 6/2/2017 108599 OFFICE DEPOT, INC. 327.98 OFFICE SUPPLIES 260448 926675545001 2401.6210 Office Supplies Gen/Adm-Central Services 276.97 OFFICE SUPPLIES 260447 926675632001 2401.6210 Office Supplies Gen/Adm-Central Services 54.55 OFFICE SUPPLIES 260436 926877880001 6801.6210 Office Supplies General & Administrative 56.44 LAMINATION SUPPLIES 260435 927134004001 1221.6210 Office Supplies Administration -Fire 191491 6/2/2017 191492 6/2/2017 191493 6/2/2017 191494 6/2/2017 715.94 143709 OREILLY AUTO PARTS 248.55 RO 413 UNIT 1226 248.55 144472 PRECISE MRM LLC 595.00 APRIL 2017 595.00 102935 RADCO INDUSTRIES, INC. 740.80 TRUCK BOX 740.80 260449 3287-496598 9001.1415 260456 IN200-1012731 0301.6569 260454 BR -1027137-01 3521.6680 119683 RAMSEY COUNTY ATTORNEY'S OFFICE (R) 3,503.00 FORF DISTRIBUTION 20% 260458 053017 3,503.00 Inventory - Parts General Fund Maintenance Contracts IT -Gen & Admn Mobile Equipment Equip Rev Fd -Dept 21 9695.2192 Due to County Govt Dakota Co Drug Task Force R55CKR2 LOGIS101 Check # Date 191495 6/2/2017 191496 6/2/2017 191497 6/2/2017 191498 6/2/2017 191499 6/2/2017 191500 6/2/2017 191501 6/2/2017 191502 6/2/2017 191503 6/2/2017 Amount Supplier / Explanation 141789 RED WING SHOE STORE 159.38 CASSIDY BOOTS 169.99 BOOTS S. MUELLER 329.37 PO # City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 12 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 Doc No Inv No 260455 000000005-724 Account No 2201.2115 260452 000000005-724-1 2401.2115 119433 SCOTT COUNTY TREASURER (R) 263.20 FORF DISTRIBUTION 20% 260457 053017 263.20 149647 SHETLER SI INC 97.88 SECURITY OFFICER 97.88 SECURITY OFFICER 195.76 114471 SPRINT 42.51 POLICE STREET POST 42.51 149994 ST PETER, D J 16.61 9474-0VRPMNT 1384 INTERLACHEN 16.61 260530 1014666 260531 1014689 260451 204988812-114 260450 052417 142767 STANTEC CONSULTING SERVICES INC 3,331.69 WELL 3 REHAB 260480 1197513 3,331.69 119295 STATE OF MINNESOTA -GENERAL FUND(R) 4,835.65 FORF DISTRIBUTION 10% 260459 053017 4,835.65 138159 STONEAGE POOLS LLC 1,272.85 POOL REPAIRS 3,555.00 LABOR TO FIX POOL TILE/PLASTER 4,827.85 102159 STOP STICK, LTD 1,436.00 INVESTIGATIONS ALARM EQUIPMENT 1,436.00 191504 6/2/2017 100204 STREICHERS INC. 10,015.10 DEPARTMENT AMMUNITION 260453 052517 260453 052517 260477 0003301 -IN 260485 11263219 9695.2192 6847.6535 6847.6535 1104.6349 9220.2250 6148.6712 9695.2191 6720.6236 6720.6424 1105.6212 Subledger Account Description Continued... Clothing Allowance Clothing Allowance Due to County Govt Other Contractual Services Other Contractual Services Teleprocessing Equipment Escrow Deposits P1156 Project - Engineering Due to State Govt Pool Repair Supplies Pool Repair/Labor Office Small Equipment Business Unit Gen/Adm-Streets Gen/Adm-Central Services Dakota Co Drug Task Force Security Security Patrolling/Traffic Public Utilities North Well Field Dakota Co Drug Task Force Pool Attendant Pool Attendant Investigation/Crime Prevention 1104.6228 Ammunition Patrolling/Traffic R55CKR2 LOGIS101 Check # Date 191504 6/2/2017 191505 6/2/2017 191506 6/2/2017 191507 6/2/2017 191508 6/2/2017 Amount Supplier / Explanation 100204 STREICHERS INC. 4,394.51 DEPARTMENT AMMUNITION 2,388.00 DEPARTMENT AMMUNITION 16,797.61 146452 TIMM, MELISSA 40.66 M. TIMM MILEAGE 40.66 City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 13 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 PO # Doc No Inv No 149993 VANDERHOEVEN, KIMBERLY 39.24 9474-OVRPMNT 1071 BRIAR CREEK 39.24 138055 VINCO INC. 50,000.00 RELEASE SOME RETAINAGE 50,000.00 114534 VISTAR CORPORATION 152.20 4 BOXES TO PRES, 1 TO ARENA 38.00 4 BOXES TO PRES, 1 TO ARENA 190.20 191509 6/2/2017 139583 WENZEL PLUMBING 191510 6/2/2017 3,380.00 OHMANN VANDALISM 3,380.00 260491 11263721 260492 11263944 260483 052317 260461 052417 260484 051917 260460 48672327 260460 48672327 Account No Subledger Account Description Business Unit Continued... 1104.6228 Ammunition Patrolling/Traffic 1104.6228 Ammunition Patrolling/Traffic 0401.6353 Personal Auto/Parking General & Admn-City Clerk 9220.2250 Escrow Deposits Public Utilities 6129.6710 P1154 Project - Contract Reservior Maintenance/Repair 3057.6227 Recreation Equipment/Supplies Preschool Programs 6713.6855 Merchandise for Resale Concessions 260462 31075 9591.6386 Insurance Deductible Risk Management 149263 WSI MANUFACTURING INC. 147.00 PATROL CLOTHING 260487 55813 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 147.00 PATROL CLOTHING 260486 55814 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 224.35 PATROL CLOTHING 260488 56359 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 95.55 PATROL CLOTHING 260489 56433 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 83.30 PATROL CLOTHING 260490 56497 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 697.20 191511 6/2/2017 102230 ZARNOTH BRUSH WORKS, INC. 812.37 PARKS BROOMS 191512 6/2/2017 812.37 100247 ZIEGLER INC 42.72 RO 414 UNIT 144 39.52 RO 414 UNIT 144 260527 0164984 -IN 3128.6231 260533 PC001880682 9001.1415 260532 PCO01880338 9001.1415 Mobile Equipment Repair Parts Vehicle Maintenance Inventory - Parts Inventory - Parts General Fund General Fund R55CKR2 LOGIS101 Check # Date 191512 6/2/2017 20172008 5/31/2017 20173557 5/31/2017 City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 14 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 Amount Supplier / Explanation PO # Doc No Inv No 100247 ZIEGLER INC 82.24 100279 US BANK NA -DEBT SERVICE WIRE 2,481.25 GO EQUIP CERT 2012B 260544 053117 65,000.00 GO EQUIP CERT 2012B 260544 053117 67,481.25 121803 US BANK - AUTOPAY 225.00 PDQ.COM-INVENTORY PRO MODE 1,414.00 LASTPASS.COM-1 YR ENTERPRISE 20.00 BASECAMP 19.95 PAYFLOW PRO -E PERMITS 197.08 ANNUAL ONLINE STRIB CIRC 14.99 CARIBOU-TECHWKGRP COFFEE 331.98 WALGREENS-PHOTOS HIST SOCIETY 36.38 BYERLY'S-TREATS TECHWKGP 125.23 BTR OF MN-RO 269 UNIT 1205 141.90 GRANDVIEW-MCMA -MILLER 8.43 PERKINS-EXCH BOARD MTG BRKFST 136.46 SAWMILL INN-KERZE INVESTIG 8.00 UOFM-BACKGROUND INV PARKING 5.00 ST CLOUD -PARKING TRAINING 250.00 GLOCK-FA INSTRUCTOR TRAINING 5.00 ST CLOUD -PARKING TRAINING 318.60 AMERICINN-UOF TRAINING CLAUSEN 318.60 AMERICINN-UOF TRAINING ROCHE 144.97 COUNTRY INN-BURSTEIN 250.00 GLOCK-FA INSTRUCTOR TRAINING 298.00 KIRCHGATTER PEDERSON TRAINING 250.00 GLOCK-FA INSTRUCTOR TRAINING Account No 9477.6491 9477.6490 260129 0088 008911 5/4 0301.6270 260127 0088 016469 0301.6270 4/10 260139 0088 087839 0301.6270 4/24 260128 0088 097948 5/2 0301.6569 260213 0152 019244 0901.6479 4/28 260212 0152 066420 0915.6477 4/19 260214 0152 099454 5/2 0901.6496 260211 0152 099593 0915.6477 4/19 260216 0258 095784 4/6 9001.1415 260198 1104 011639 5/1 0201.6476 260197 1104 051250 0201.6477 4/18 260184 1155 000084 5/5 1105.6520 260192 1155 007417 1104.6353 4/12 260194 1155 022705 1104.6353 4/24 260191 1155 022773 5/5 1104.6476 260193 1155 023346 1104.6353 4/24 260347 1155 029220 4/6 1104.6476 260348 1155 031266 4/6 1104.6476 260183 1155 042503 1104.6476 4/25 260190 1155 044572 5/5 1104.6476 260359 1155 049317 5/5 1104.6476 260189 1155 052561 5/5 1104.6476 Subledger Account Description Continued... Bond Payment - Interest Bond Payment - Principal Computer Software Computer Software Computer Software Maintenance Contracts Dues and Subscriptions Local Meeting Expenses Historical Society Local Meeting Expenses Inventory - Parts Conferences/Meetings/Training Local Meeting Expenses Major Investigation Expenses Personal Auto/Parking Personal Auto/Parking Conferences/Meetings/Training Personal Auto/Parking Conferences/Meetings/Training Conferences/Meetings/Training Conferences/Meetings/Training Conferences/Meetings/Training Conferences/Meetings/Training Conferences/Meetings/Training Business Unit 2012B Equipment Cert -DS 2012B Equipment Cert -DS IT -Gen & Admn IT -Gen & Admn IT -Gen & Admn IT -Gen & Admn Gen & Admin -Communications Technology Working Group Gen & Admin -Communications Technology Working Group General Fund General &Admn-Admn General & Admn-Admn Investigation/Crime Prevention Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic R55CKR2 LOGIS101 Check # Date 20173557 5/31/2017 Amount Supplier / Explanation 121803 US BANK - AUTOPAY 144.97 COUNTRY INN-TENNESSEN City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 15 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 PO # Doc No Inv No 250.00 GLOCK-FA INSTRUCTOR TRAINING 35.00 HOLIDAY -FUEL TRAINING ST.CLOUD 144.97 COUNTRYIN-CHIEFS TRAINNG REUSS 250.00 GLOCK-FA INSTRUCTOR TRAINING 318.60 AMERICIN-UOFTRAINNG LETOURNEAU 21.97- HOMEDEPOT-RETURN - PROG SUP 589.00- AMAZODIGITAL MIXER REFUND -LOST 65.65 GOTPRINT-VOLUNTEER RACK CARDS 88.75 JOHNNY'S-HOLZ FARM SEEDS 56.78 GOTPRINT-FOOD TRUCK POSTCARDS 96.54 GOTPRI-MRKTFSTCARSHOWPOSTCARDS 50.48 HOME DEPOT -FOOD TRUCK SUP 589.00 AMAZON -DIGITAL MIXER/SOUND SYS 99.00 AUDIOBLO-MRKTNG RESOURCE SUB. 3.19 CUB -CLEAN UP DAY SUPPLIES 174.00 JUMPERS -TRACK & FIELD JUMPERS 589.00 AMAZ-DIGITALMIXER/SOUND SYSTEM 46.41 CUB-HOLZ CLEANUPDAY VOLUNTEERS 134.70 KOWALSKI-FOOD FOR 5-2-17 CC TG 8.00 PARKING FOR IPAD WORKSHOP 500.00 N LIGHTS VIDEO -LIGHTING RENTAL 71.26 ULINE-ICE HOW WINDOW COVERINGS 253.20 HG TRADING -ICE SHOW COSTUMES 54.94 CURTAIN CALL -ICE SHOW COSTUMES 260186 1155 060251 4/25 260187 1155 063760 5/5 260185 1155 080189 4/25 260350 1155 084828 4/25 260188 1155 093524 5/5 260349 1155 095153 4/6 260176 1171 4/28 260171 1171 5/4 260165 1171 007054 4/7 260167 1171 042958 4/17 260169 1171 050386 4/26 260166 1171 050595 4/15 260177 1171 061188 4/28 260170 1171 066686 4/29 260172 1171 068969 5/5 260175 1171 075437 5/6 260168 1171 079925 4/18 260173 1171 085251 5/4 260174 1171 093818 5/5 260313 1338 033224 5/2 260312 1338 098077 4/26 260249 1423 047304 4/17 260248 1423 051282 4/13 260236 1423 058542 4/10 260250 1423 084168 4/19 Account No 1104.6476 1104.6476 1104.6235 1104.6476 1104.6476 1104.6476 3079.6227 3061.6220 3001.6475 3027.6227 3079.6357 3061.6357 3079.6227 3061.6220 3079.6357 3027.6220 3057.6227 3061.6220 3027.6227 0101.6477 0401.6353 6606.6457 6606.6220 6606.6220 6606.6220 Subledger Account Description Continued... Conferences/Meetings/Training Conferences/Meetings/Training Fuel, Lubricants, Additives Conferences/Meetings/Training Conferences/Meetings/Training Conferences/Meetings/Training Recreation Equipment/Supplies Operating Supplies - General Miscellaneous Recreation Equipment/Supplies Advertising/Publication Advertising/Publication Recreation Equipment/Supplies Operating Supplies - General Advertising/Publication Operating Supplies - General Recreation Equipment/Supplies Operating Supplies - General Recreation Equipment/Supplies Local Meeting Expenses Personal Auto/Parking Machinery & Equipment -Rental Operating Supplies - General Operating Supplies - General Operating Supplies - General Business Unit Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Eagan Fun Runs/Walks Market Fest General/Admn-Recreation Holz Farm Eagan Fun Runs/Walks Market Fest Eagan Fun Runs/Walks Market Fest Eagan Fun Runs/Walks Holz Farm Preschool Programs Market Fest Holz Farm Legislative/Policy Development General & Admn-City Clerk Ice Show Ice Show Ice Show Ice Show R55CKR2 LOGIS101 Check # Date 20173557 5/31/2017 Amount Supplier / Explanation 121803 US BANK - AUTOPAY 60.84 SPEEDWAY -GAS FOR FDIC 61.00 BP -GAS FOR FDIC 1,495.26 COURTYARD -FDIC 2017 SPRINGER 139.90 TARGET DORM BEDDING 51.63 SPEEDWAY -GAS FOR FDIC 538.67 AMISH SHOWROOM -STOOLS FS1 40.91- 40.91 40.91 1,565.46 COURTYARD FDIC 2017 MCLAY 575.00 2018 FDIC EARLY REGIS-FOSSUM 14.77 MICHAELS-XTREME ADVENTURES 17.28 HOME DEPOT-XTREME 9.48 CUB FOODS -MYSTERY ART 21.79 WALMART 20.70 WALMART 23.43 CUB FOODS 98.45 UMX, INC. -LANYARDS 10.47 KOWALSKI'S 10.47 KOWALSKI'S 10.47 KOWALSKI'S 2.69 21.95 16.97 2.37 CUB FOODS CUB FOODS KOWALSKI'S CUB FOODS 50.86 CUB FOODS City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 16 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit Continued... 260300 1958 004478 1223.6353 Personal Auto/Parking Training Fire & EMS 4/29 260299 1958 007456 1223.6353 Personal Auto/Parking Training Fire & EMS 4/23 260303 1958 055394 1223.6476 Conferences/Meetings/Training Training Fire & EMS 4/30 260298 1958 062350 4/6 1221.6660 Office Furnishings & Equipment Administration -Fire 260301 1958 065742 1223.6353 Personal Auto/Parking Training Fire & EMS 4/29 260357 1958 069827 9354.6640 Machinery/Equipment FIRE STATION 1 4/13 260346 1958 072241 5/1 1223.6210 Office Supplies Training Fire & EMS 260346 1958 072241 5/1 1225.6220 Operating Supplies - General Fire / EMS Equipment 260346 1958 072241 5/1 1228.6215 Reference Materials Inspection and Prevention 260302 1958 082047 1223.6476 Conferences/Meetings/Training Training Fire & EMS 4/30 260304 1958 085595 1223.6476 Conferences/Meetings/Training Training Fire & EMS 4/26 260226 1979 065692 5/2 3075.6227 Recreation Equipment/Supplies CDBG - Teens 260225 1979 078294 5/2 3075.6227 Recreation Equipment/Supplies CDBG - Teens 260228 1979 092152 3081.6227 Recreation Equipment/Supplies Arts & Humanities Council 4/20 260215 1987 002641 5/1 3057.6227 Recreation Equipment/Supplies Preschool Programs 260361 1987 063265 3057.6227 Recreation Equipment/Supplies Preschool Programs 4/24 260156 2232 013732 6831.6855 Merchandise for Resale Food and Beverage 4/21 260147 2232 019120 4/7 6801.6220 Operating Supplies - General General & Administrative 260374 2232 020040 5/4 6806.6855 Merchandise for Resale Concessions 260152 2232 025633 6806.6855 Merchandise for Resale Concessions 4/13 260150 2232 025883 6806.6855 Merchandise for Resale Concessions 4/10 260143 2232 043397 5/5 6806.6855 Merchandise for Resale Concessions 260143 2232 043397 5/5 6831.6855 Merchandise for Resale Food and Beverage 260148 2232 045187 4/7 6831.6855 Merchandise for Resale Food and Beverage 260155 2232 049623 6806.6855 Merchandise for Resale Concessions 4/17 260155 2232 049623 6831.6855 Merchandise for Resale Food and Beverage R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation 20173557 5/31/2017 City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 17 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 121803 US BANK - AUTOPAY Continued... 4/17 85.89 AMAZON -BEVERAGE DISPENSER 260144 2232 049850 5/7 6831.6220 Operating Supplies - General Food and Beverage 281.45 LOCKPEOPLE-PADLOCKS 260151 2232 061500 6808.6855 Merchandise for Resale Mdse for Resale 4/12 47.86 AMAZON -USB RECEIVER 260142 2232 069767 5/4 6801.6220 Operating Supplies - General General & Administrative 66.76 CUB FOODS 260149 2232 070976 4/7 6806.6855 Merchandise for Resale Concessions 108.51 WEBSTAURANT-AIRPOT 260145 2232 071860 4/6 6831.6220 Operating Supplies - General Food and Beverage 10.47 KOWALSKI'S 260154 2232 077169 6806.6855 Merchandise for Resale Concessions 4/17 7.17 CUB FOODS 260375 2232 078492 5/4 6801.6220 Operating Supplies - General General & Administrative 10.58 CUB FOODS 260375 2232 078492 5/4 6806.6855 Merchandise for Resale Concessions 54.38 CUB FOODS 260375 2232 078492 5/4 6831.6855 Merchandise for Resale Food and Beverage 10.47 KOWALSKI'S 260157 2232 079366 5/1 6806.6855 Merchandise for Resale Concessions 18.56 HYVEE 260153 2232 083477 6831.6855 Merchandise for Resale Food and Beverage 4/17 10.47 KOWALSKI'S 260146 2232 086855 4/6 6806.6855 Merchandise for Resale Concessions 6.00 CUB FOODS 260158 2232 088753 5/1 6806.6855 Merchandise for Resale Concessions 44.43 CUB FOODS 260158 2232 088753 5/1 6831.6855 Merchandise for Resale Food and Beverage 58.90 BESTBUYCHARGER IPAD IPHONE CAR 260204 2281 000899 1221.6210 Office Supplies Administration -Fire 4/26 443.13 AMAZON -TRASH CANS PART 2 260222 2281 016750 9354.6640 Machinery/Equipment FIRE STATION 1 4/14 850.73 ULINE-FS1 SUPPLIES 260206 2281 039486 9354.6640 Machinery/Equipment FIRE STATION 1 4/13 127.48 AMAZON-FS1 COFFEE POT 260203 2281 046759 5/1 9354.6640 Machinery/Equipment FIRE STATION 1 39.82 AMAZON -DOOR BELLS FS1 260202 2281 047665 5/1 9354.6640 Machinery/Equipment FIRE STATION 1 5.72 AMAZON -TV CORD MISSING FS1 260223 2281 067794 9354.6640 Machinery/Equipment FIRE STATION 1 4/25 390.12 AMAZON -TRASH CANS FS1 260221 2281 085211 9354.6640 Machinery/Equipment FIRE STATION 1 4/12 26.91 ITALIAN PIE SHOP -BUDGET LUNCH 260205 2281 090655 1221.6220 Operating Supplies - General Administration -Fire 4/11 19.60 USPS -STAMPS 260318 2339 000483 9695.6346 Postage Dakota Co Drug Task Force 4/21 2.00 PARKING DOWNTOWN FOR MEETING 260317 2339 067552 5/3 9695.6353 Personal Auto/Parking Dakota Co Drug Task Force 29.99 SIMPLEINOUT SCHEDULING APP FEE 260319 2339 093297 9695.6479 Dues and Subscriptions Dakota Co Drug Task Force 4/15 14.83 DONUTS -STATE CHIEFS MEETING 260295 2406 027113 1221.6220 Operating Supplies - General Administration -Fire 4/10 R55CKR2 LOGIS101 Check # Date 20173557 5/31/2017 Amount Supplier / Explanation 121803 US BANK - AUTOPAY 536.96 HOME DEPOT City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 18 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 PO # Doc No Inv No 388.85 GAINSVILLE MINT 53.27 CAFE ZUPS-COUNCIL MEAL 117.73 KOWALSKI'S-COUNCIL MEAL 38.40 HYVEE-COUNCIL MTG SUPPLIES 22.96 KOWALSKI'S-COUNCIL MTG SUPPLIE .01 MCMA GRANDVIEW AWARD -TILLEY 66.81 EBERT&GERBERTS-COUNCIL MEAL 35.00 WALL ST JOURNAL SUBSCRIPTION 116.66 KOWALSKI'S-COUNCIL MEAL 168.58 GRANDVIEW LODGE-TILLEY 643.28 4IMPR-CRIME PREV GIVEAWAYITEMS 218.00 BESTWESTERN-MN CHIEF'S CONF 33.10 AMAZON -HONOR GUARD SUPPLIES 20.54 MN ZOO EVENT -2 OFFICERS MEALS 54.23 GREENMIL-3LUNCHES CHIEFS CONF 73.17 HOLIDAY -GAS FOR U -HAUL PILLS 12.00 MARATHON -GAS FOR U -HAUL PILLS 30.00 MAPLINE 5/19-6/19/17 7.15 GPS SHIPPING 326.62 CAS FOR MONEY COUNTER- RETURNE 7.15 USPS -GPS SHIPPING Account No Subledger Account Description Business Unit Continued... 260297 2406 050645 9354.6640 Machinery/Equipment FIRE STATION 1 4/26 260296 2406 054579 1228.6226 Public Safety Supplies Inspection and Prevention 4/25 260134 2601 000904 0101.6477 Local Meeting Expenses Legislative/Policy Development 4/25 260138 2601 018281 0101.6477 Local Meeting Expenses Legislative/Policy Development 4/27 260135 2601 018411 0101.6477 Local Meeting Expenses Legislative/Policy Development 4/25 260132 2601 046683 0101.6477 Local Meeting Expenses Legislative/Policy Development 4/18 260137 2601 047172 5/5 0101.6476 Conferences/Meetings/Training Legislative/Policy Development 260130 2601 066469 0101.6477 Local Meeting Expenses Legislative/Policy Development 4/12 260133 2601 071144 0501.6479 Dues and Subscriptions General & Admn-Finance 4/22 260131 2601 098708 0101.6477 Local Meeting Expenses Legislative/Policy Development 4/14 260136 2601 099280 0101.6476 Conferences/Meetings/Training Legislative/Policy Development 4/25 260247 2642 007197 1104.6215 Reference Materials Patrolling/Traffic 4/12 260245 2642 025171 1101.6476 Conferences/Meetings/Training General/Admn-Police 4/25 260246 2642 025425 5/2 1104.6226 Public Safety Supplies Patrolling/Traffic 260243 2642 033889 1101.6477 Local Meeting Expenses General/Admn-Police 4/14 260244 2642 041585 1101.6476 Conferences/Meetings/Training General/Admn-Police 4/25 260333 2881 015781 5/5 9695.6235 Fuel, Lubricants, Additives Dakota Co Drug Task Force 260331 2881 021964 5/5 9695.6235 Fuel, Lubricants, Additives Dakota Co Drug Task Force 260329 2881 030704 9695.6479 Dues and Subscriptions Dakota Co Drug Task Force 4/19 260328 2881 034278 9695.6346 Postage Dakota Co Drug Task Force 4/14 260332 2881 034793 5/5 9695.6210 Office Supplies Dakota Co Drug Task Force 260330 2881 099224 9695.6346 Postage Dakota Co Drug Task Force 4/25 R55CKR2 LOGIS101 Check # Date 20173557 5/31/2017 Amount Supplier / Explanation 121803 US BANK - AUTOPAY 22.97 WALMART-FLASH DRIVES ICE SHOW 104.98 BEST BUY -TV MOUNT City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 19 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 PO # Doc No Inv No 5.98 MICHAELSFANTASTIC SAT SUPPLIES 220.00 CPR/FIRSTAID TRNG SUPPLIES 28.67 HOME DEPOT 123.89 BLICK ART 215.02 BLICK ART 7.99 S R HARRIS FABRIC OUTLET 3.16 MENARDS-BURNSVILLE 585.70 METAL SUPERMARKETS 40.00 AWWA-ACE CONFERENCE REG 528.08 HOTEL EASTON- J.EATON ATTEND 910.00 AWWA-J. HAUTH ACE REGISTRATION 24.50 ALTABIRATAV FOR JON EATON, WA 36.76 MENARDS-BURNSVILLE 45.00 MSPAIRPORT-JON EATON TO ATTEN 149.98 TSI ALCOHOL FOR FIT TESTING 575.00 FDIC INTERNATIONAL 2018 26.21 VIST-FIREFIGHTR FITNESS POSTER 69.73 FUNERAL FLOWERS 327.00 BEST WESTERN ST CLOUD 109.90 MN CHIEFS -PERMITS ACQUIRE 260252 3330 030952 5/4 260251 3330 048626 4/20 260370 3898 083799 4/14 260369 3898 091915 4/13 260270 3968 000658 4/27 260271 3968 005653 5/6 260271 3968 005653 5/6 260268 3968 031793 4/17 260269 3968 067168 4/17 260255 3987 007501 4/6 260256 3987 046054 4/12 260259 3987 048977 4/26 260261 3987 051154 4/24 260258 3987 061198 4/25 260257 3987 085144 4/12 260260 3987 095768 4/27 260344 3993 014393 4/25 260345 3993 050818 4/26 260343 3993 089140 4/24 260199 4189 005185 4/19 260200 4189 047399 4/26 260201 4189 097921 Account No 6606.6220 6603.6233 6801.6227 6826.6222 3081.6227 3081.6227 3092.6227 3081.6227 3081.6227 6130.6260 6103.6476 6103.6476 6103.6476 6103.6476 6130.6260 6103.6476 1227.6220 1223.6476 1221.6220 1101.6475 1101.6476 1107.6211 Subledger Account Description Continued... Operating Supplies - General Building Repair Supplies Recreation Equipment/Supplies Medical/Rescue/Safety Supplies Recreation Equipment/Supplies Recreation Equipment/Supplies Recreation Equipment/Supplies Recreation Equipment/Supplies Recreation Equipment/Supplies Utility System Parts/Supplies Conferences/Meetings/Training Conferences/Meetings/Training Conferences/Meetings/Training Conferences/Meetings/Training Utility System Parts/Supplies Conferences/Meetings/Training Operating Supplies - General Conferences/Meetings/Training Operating Supplies - General Miscellaneous Conferences/Meetings/Training Office Printed Material/Forms Business Unit Ice Show Building Repair & Maint. General & Administrative School/Training/In service Arts & Humanities Council Arts & Humanities Council CDBG - Seniors Arts & Humanities Council Arts & Humanities Council Curb Stop Inspctn/Maint/Repair Training & Education Training & Education Training & Education Training & Education Curb Stop Inspctn/Maint/Repair Training & Education SCBA Training Fire & EMS Administration -Fire General/Admn-Police General/Admn-Police Support Services R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 20 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 20173557 5/31/2017 121803 US BANK - AUTOPAY Continued... 4/27 32.00 MIKEN-WOMEN'S SOFTBALL AWARDS 260311 4239 086917 3049.6227 Recreation Equipment/Supplies Adult Softball -Women 4/26 60.00 MIKEN-CO-REC SOFTBALL AWARDS 260311 4239 086917 3050.6227 Recreation Equipment/Supplies Adult Softball-Co-Rec 4/26 175.82 MIKEN-MEN'S SOFTBALL AWARDS 260311 4239 086917 3048.6227 Recreation Equipment/Supplies Adult Softball -Men 4/26 195.32 CARROT TOP -FLAG FOR MEZZ 260179 4288 039182 6601.6220 Operating Supplies - General General/Administrative-Arena 4/12 17.88 WALMART-ECC LAUNDRY DET. 260262 4320 006800 6827.6220 Operating Supplies - General Building Maintenance 4/19 4.00 ALLGLIDES-ECC CHAIR GLIDES 260263 4320 033600 5/5 6827.6220 Operating Supplies - General Building Maintenance 28.00 HOIST FITNESS EQUIP PARTS 260371 4406 007098 6807.6232 Small Equipment Repair Parts Fitness Center 4/13 297.98 GAIAM.COM-FITNESS EQUIPMENT 260373 4406 059078 6807.6227 Recreation Equipment/Supplies Fitness Center 4/18 20.05 SPORTSMITH-FITNESS EQUIPMENT 260372 4406 076400 6807.6227 Recreation Equipment/Supplies Fitness Center 4/14 39.40 CHUCK&DONS-DOG FOOD POOP BAGS 260320 4670 053918 9695.6226 Public Safety Supplies Dakota Co Drug Task Force 4/25 85.83 SIX OFFICERS MEALS, MN CHIEFS 260287 4683 007913 1101.6476 Conferences/Meetings/Training General/Admn-Police 4/26 350.00 P10, IACP CON. REG. 260294 4683 013235 1101.6476 Conferences/Meetings/Training General/Admn-Police 4/18 147.46 WHITE HORSE -6 OFFICER'S DINNER 260288 4683 017080 1101.6476 Conferences/Meetings/Training General/Admn-Police 4/25 13.26 PANERA-CHAPLAIN MEETING 260289 4683 018010 1101.6477 Local Meeting Expenses General/Admn-Police 4/11 327.00 BW HOTEL -LT. AT MN CHIEFS 260293 4683 021275 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 4/26 33.07 GREEN MIL3 OFFICER'S BREAKFAST 260291 4683 054150 1101.6476 Conferences/Meetings/Training General/Admn-Police 4/26 75.00 P10, IACP MEMBERSHIP 260292 4683 056661 1101.6479 Dues and Subscriptions General/Admn-Police 4/18 880.91 4IMPRINT-CITIZEN'S ACADEMY SUP 260334 4683 062944 1104.6477 Local Meeting Expenses Patrolling/Traffic 4/25 54.98 GREEN MILL 4 OFFICERS LUNCH 260290 4683 069907 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 4/25 876.10 EXPEDIA-AIRFARE BCKGRND INVES 260210 4843 061717 1101.6310 Professional Services -General General/Admn-Police R55CKR2 LOGIS101 Check # Date 20173557 5/31/2017 Amount Supplier / Explanation 121803 US BANK - AUTOPAY 41.78 OFFICE DEPOT -ADAPTER KIT 24.95 MSP COMMUNICATIONS City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 21 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 PO # Doc No Inv No 352.44 OFFICE DEPOT -MOUNTING ARM 28.62 SAVOY PIZZA 32.87 CUB FOODS 519.90- REFUND FROM WRONG FOOD RETURN 6.94 ERROR, WEGNER USED ACCIDENTLY 6.42 ERROR, WEGNER USED ACCIDENTLY 8.44 WALMART-K9 MEDICAL SUPPLIES 327.00 BW HOTEL-WEGNER MN CHIEFS TRNG 7.60 ERROR, WEGNER USED ACCIDENTLY 200.02 BW HOTEL-SPEAKMAN 12.77 GREEN MILL -LUNCH SPEAKMAN 66.20 AMAZON -HONOR GUARD EQUIP 327.00 BW HOTEL-ONDREY 16.18 GREEN MILL -LUNCH ONDREY 66.20 AMAZON -HONOR GUARD EQUIP 100.27 OAKLEY-SWAT UNIFORM EQUIPMENT 890.27 DISPLAYSALES-HONOR GUARD EQUIP 200.02 BW HOTEL-SWATTEAM TRAIN LUNCH 248.94 DRURY INN- BACKGROUND INVES 104.50 MR PIZZA -FOOD EXPLORER CONF 44.89 SUPERAMERICA-GAS DEATH CONF 4/24 260160 4872 005197 4/5 260164 4872 049626 4/27 260161 4872 057838 4/5 260162 4872 075494 4/25 260163 4872 079477 4/25 260364 4884 4/7 260276 4884 001843 4/12 260279 4884 012066 4/12 260275 4884 058123 4/7 260277 4884 084128 4/26 260278 4884 091847 4/10 260362 4900 087042 4/11 260363 4900 099159 4/11 260367 4926 025377 5/2 260365 4926 051811 4/26 260366 4926 056452 4/11 260368 4926 063396 5/2 260280 4926 068806 4/7 260274 4926 076556 4/27 260281 4926 079098 4/11 260208 4934 002195 4/24 260219 4934 009017 4/27 260207 4934 018148 Account No 0801.6670 0720.6479 0801.6670 0720.6477 0720.6477 1104.6475 1104.6476 1104.6476 1104.6220 1104.6476 1104.6476 1104.6476 1104.6476 1104.6224 1104.6476 1104.6476 1104.6224 1104.6220 1104.6226 1104.6476 1101.6310 1104.6476 1105.6476 Subledger Account Description Continued... Other Equipment Dues and Subscriptions Other Equipment Local Meeting Expenses Local Meeting Expenses Miscellaneous Conferences/Meetings/Training Conferences/Meetings/Training Operating Supplies - General Conferences/Meetings/Training Conferences/Meetings/Training Conferences/Meetings/Training Conferences/Meetings/Training Clothing/Personal Equipment Conferences/Meetings/Training Conferences/Meetings/Training Clothing/Personal Equipment Operating Supplies - General Public Safety Supplies Conferences/Meetings/Training Professional Services -General Conferences/Meetings/Training Conferences/Meetings/Training Business Unit General & Admn-Protective Insp General Admin -Planning & Zonin General & Admn-Protective Insp General Admin -Planning & Zonin General Admin -Planning & Zonin Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic General/Admn-Police Patrolling/Traffic Investigation/Crime Prevention R55CKR2 LOGIS101 Check # Date 20173557 5/31/2017 Amount Supplier / Explanation City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 22 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 PO # Doc No Inv No 121803 US BANK - AUTOPAY 248.94 DRURY INN- BACKGROUND INVES 84.25 371 DINER -MEALS DEATH INV CONF 150.00 TORCATRAINING-1 DET 243.90 COPS PLUS -INERT OC FOR U OF F 131.85 BATTERIESPLUS- SHOOTING TARGET 96.96 NETLINK-UOF F TRAINING PISTOLS 118.72 JIMMYJOHNS-UOFF LUNCHES-ROSMNT 131.08 JIMMYJOHNS-UOFF LUNCHES-ROSMNT 750.00 5 DETS TORCATRAINING 32.95 EQUIFAX-BACKGROUNDS 45.98 BATTERIESPLUS- SHOOTING TARGET 575.00 BCA -PETE MEYER TRAINING -BCA 3.57 USPS -DET PORTABLEMIC REPAIRED 135.54 AMAZ-BATTERIES LIGHTING CABLES 13.99 AMAZON -WORKOUT ROOM EQUIP. 475.00 GFOA CONFERENCE - DENVER 218.77 NRPA HOUSING-NOWARIAK 17.67 CUB-HOLZ CLEAN UP SUPPLIES 89.00 VOGILISTICS-MONTHLY FEE 75.44 ON DECK SPORT-VANDALIM-NETTING 234.70 MDF, INC. -PLUMBING PARTS 205.92 FERGUSON-BLDG SUPPLY 4/21 260209 4934 049590 4/24 260196 4934 075113 4/21 260234 4959 011373 4/28 260224 4959 017534 4/11 260232 4959 037002 4/27 260220 4959 040339 4/10 260233 4959 045778 4/27 260229 4959 049818 4/13 260230 4959 060966 4/19 260231 4959 062743 4/25 260227 4959 073482 4/13 260235 4959 082420 5/4 260316 4975 027366 4/24 260314 4975 056452 4/13 260315 4975 064584 4/13 260273 4991 072642 5/5 260182 5412 022905 5/2 260180 5412 048495 4/19 260181 5412 061505 4/21 260159 5486 008115 5/6 260141 5486 033932 5/4 260140 5486 097808 4/6 Account No 1101.6310 1105.6476 1105.6476 1104.6226 1104.6228 1104.6226 1104.6476 1104.6476 1105.6476 1101.6310 1104.6228 1105.6476 1105.6232 1104.6226 1104.6232 0501.6476 3001.6476 3027.6227 3001.6475 9591.6386 3103.6239 3106.6233 Subledger Account Description Continued... Professional Services -General Conferences/Meetings/Training Conferences/Meetings/Training Public Safety Supplies Ammunition Public Safety Supplies Conferences/Meetings/Training Conferences/Meetings/Training Conferences/Meetings/Training Professional Services -General Ammunition Conferences/Meetings/Training Small Equipment Repair Parts Public Safety Supplies Small Equipment Repair Parts Conferences/Meetings/Training Conferences/Meetings/Training Recreation Equipment/Supplies Miscellaneous Insurance Deductible Park Facility Repair Parts Building Repair Supplies Business Unit General/Admn-Police Investigation/Crime Prevention Investigation/Crime Prevention Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Patrolling/Traffic Investigation/Crime Prevention General/Admn-Police Patrolling/Traffic Investigation/Crime Prevention Investigation/Crime Prevention Patrolling/Traffic Patrolling/Traffic General & Admn-Finance Genera l/Ad mn-Recreation Holz Farm Genera l/Ad mn-Recreation Risk Management Site Amenity Maintenance Structure Care & Maintenance R55CKR2 LOGIS101 Check # Date 20173557 5/31/2017 Amount Supplier / Explanation 121803 US BANK - AUTOPAY 25.00 STI -GPS TRAKCER 50.37 BREAKFAST X4 MN CHIEFS CONF. City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 23 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 PO # Doc No Inv No 167.13 WHITEHORSE-DNNRX6CHIEFS CONF. 6.41 MCDONALDS-LUNCH X1 -- 67.49 GREENMIBRKFSTX6 MN CHIEFS CONF 327.00 BESTWESTERN- MN CHIEF'S CONF. 29.98 HAND TOOLS 3.00 BEN B VISA CHARGE 166.40 TRUCK WORKS -SPRAYER PARTS 105.00 MPTSMA-TOUR ON RAILS 614.76 CMC RESCUE -LADDER REPAIR PARTS 17.22 HOME DEPOT -CLEANING UPPLIES 77.24 TOPPERS -LUNCH FOR MEETING 8.92 HOME DEPOT- CLEANING SUPPLIES 235.44 CMC RESCUE -LADDER REPAIR PARTS 200.19 MSAS BD- REIMBURSEMENT PENDING 54.17 FORESTRY SUPPLIERS 100.00 MN GIS/LIS CONSOR-GIS TRAINING 37.49 VERIZON-CELLPHONE GLASS SHIELD 12.05 VERIZON-CELLPHONE GLASS SHIELD 198.00 GEHL FOODS -CONCESSION EQUIP 260241 5528 002874 4/26 260240 5528 003493 4/25 260238 5528 011884 4/23 260237 5528 037788 4/12 260239 5528 083611 4/24 260242 5528 099019 4/26 260124 5796 032638 4/26 260195 5796 059743 4/19 260126 5796 063776 4/7 260125 5796 097932 4/27 260267 6348 001932 4/17 260266 6348 014432 4/15 260272 6348 022012 4/20 260265 6348 086470 4/13 260264 6348 094982 4/12 260358 6565 029141 4/21 260253 6565 092572 4/26 260254 6565 094361 4/11 260282 6884 026570 4/6 260284 6884 045775 4/7 260285 6884 076049 4/20 Account No 1105.6457 1101.6476 1101.6476 1101.6475 1104.6476 1101.6476 3118.6240 9001.2250 3118.6231 3170.6477 1225.6230 1225.6240 1221.6220 1225.6240 1225.6230 2010.6476 6528.6220 2280.6476 6716.6231 6716.6231 6713.6220 Subledger Account Description Continued... Machinery & Equipment -Rental Conferences/Meetings/Training Conferences/Meetings/Training Miscellaneous Conferences/Meetings/Training Conferences/Meetings/Training Small Tools Escrow Deposits Mobile Equipment Repair Parts Local Meeting Expenses Repair/Maintenance Supplies -Ge Small Tools Operating Supplies - General Small Tools Repair/Maintenance Supplies -Ge Conferences/Meetings/Training Operating Supplies - General Conferences/Meetings/Training Mobile Equipment Repair Parts Mobile Equipment Repair Parts Operating Supplies - General Business Unit Investigation/Crime Prevention General/Admn-Police General/Admn-Police General/Admn-Police Patrolling/Traffic General/Admn-Police Athletic Field Mtn/Setup General Fund Athletic Field Mtn/Setup General Admin -Parks Fire / EMS Equipment Fire / EMS Equipment Administration -Fire Fire / EMS Equipment Fire / EMS Equipment General Engineering Basin Mgmt-Water Spl/Studies/M Training/Schools/Conference General Administration General Administration Concessions R55CKR2 LOGIS101 City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 24 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 Check # Date Amount Supplier / Explanation PO # Doc No Inv No 20173557 5/31/2017 121803 US BANK-AUTOPAY 19.75 WALMART-BDAY SUPPLIES 260286 9.38- VERIZON-CELLPHONE GLASS SHIELD 260283 355.40 COMO LUBE & SUPPLIES 260218 100.00 MNGISLIS-WRKSHP-C. FREDERICKS 23.49 DISCOUNT SCHOOL SUPPLY 744.90 195.00 195.00 183.02 B AND H PHOTO NATOA NATOA OFFICE DEPOT 197.28 MICRO CENTER 6.33 HOME DEPOT 10.99 AMAZON PRIME MEMBERSHIP 166.87 BW HOTEL -MASS CONFERENCE 252.37 FLYOVER AMERICA -ADMISSION 47.56 TRADER JOE'S -VOLUNTEER GALA 180.46 GOTPRINT-PUPPET POSTCARDS 30.00 STARBUCKS-VOLUN 10.77 846.52- 846.52 453.29 GREEN MILL -ST CLOUD FEDEX EAB RETURN FEDEX EAB 1,200.00 VERMONT SYS-JNN CONF REG 780.60 DELTA-JNN CONFERENCE FLIGHT 47.74 GOTPRINT-FEDEX EAB 206.71 ESSEX RESORT-JNN CONFERENCE 305.00 TWIN CITIES HR CONF-MARTIN 179.00 SHRM MEMBERSHIP 6884 081056 5/5 6884 C15086 4/7 7643 017458 4/11 260217 7643 069405 4/14 260178 7790 055511 4/20 260356 8564 021409 5/3 260355 8564 072795 4/7 260354 8564 079399 4/7 260360 8564 082994 4/14 260353 8564 086720 4/25 260351 8564 089984 4/11 260352 8564 096315 4/15 260305 8588 012135 4/6 260307 8588 013627 4/17 260306 8588 039247 4/10 260308 8588 044088 5/2 260309 8588 059557 4/21 260310 8588 076637 4/5 260327 8676 4/20 260321 8676 002762 4/7 260323 8676 003943 4/25 260326 8676 017141 5/5 260325 8676 050864 5/3 260322 8676 052602 4/20 260324 8676 060463 5/3 260340 9382 002331 5/5 260335 9382 017393 4/7 Account No 6609.6855 6716.6231 2240.6256 2280.6476 3057.6227 9701.6232 9701.6479 9701.6479 9701.6210 9701.6220 9701.6680 9701.6346 3078.6220 3075.6328 3078.6227 3060.6357 3078.6227 3001.6476 3230.6370 3230.6370 3230.6370 3001.6476 3001.6476 3230.6370 3001.6476 1001.6476 1001.6479 Subledger Account Description Continued... Merchandise for Resale Mobile Equipment Repair Parts Snow Removal/Ice Control Suppl Conferences/Meetings/Training Recreation Equipment/Supplies Small Equipment Repair Parts Dues and Subscriptions Dues and Subscriptions Office Supplies Operating Supplies - General Mobile Equipment Postage Operating Supplies - General Special Events/Admission Fees Recreation Equipment/Supplies Advertising/Publication Recreation Equipment/Supplies Conferences/Meetings/Training General Printing and Binding General Printing and Binding General Printing and Binding Conferences/Meetings/Training Conferences/Meetings/Training General Printing and Binding Conferences/Meetings/Training Conferences/Meetings/Training Dues and Subscriptions Business Unit Concession SalesNending General Administration Street Plowing/Sanding Training/Schools/Conference Preschool Programs PEG -eligible PEG -eligible PEG -eligible PEG -eligible PEG -eligible PEG -eligible PEG -eligible Senior Citizens CDBG - Teens Senior Citizens Puppet wagon Senior Citizens General/Ad mn-Recreation Emerald Ash Borer -Gen Admin Emerald Ash Borer -Gen Admin Emerald Ash Borer -Gen Admin General/Admn-Recreation General/Ad mn-Recreation Emerald Ash Borer -Gen Admin General/Ad mn-Recreation General/Admn-Human Resources General/Admn-Human Resources R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation 20173557 5/31/2017 121803 US BANK-AUTOPAY 550.00 2017 MN SAFETY CONFERENCE 525.00 MN SAFETY COUNCIL MEMBERSHIP City of Eagan 6/1/2017 17:02:09 Council Check Register by GL Page - 25 Council Check Register by Invoice & Summary 5/29/2017 -- 6/2/2017 PO # Doc No Inv No Account No 199.00 SKILLS EDUCATION TRAINING 305.00 TWIN CITIES HR ASSOC CONFERENC 305.00 TWIN CITIES HR ASSOC CONFERENC 550.00 2017 MN SAFETY CONFERENCE 43,904.20 712,639.88 Grand Total 260337 9382 036462 4/7 1001.6476 260339 9382 036887 1001.6479 4/11 260336 9382 053678 4/7 1001.6476 260342 9382 055696 5/5 1001.6476 260341 9382 064129 5/5 1001.6476 260338 9382 085494 4/7 1001.6476 Subledger Account Description Payment Instrument Totals Continued... Conferences/Meetings/Training Dues and Subscriptions Conferences/Meetings/Training Conferences/Meetings/Training Conferences/Meetings/Training Conferences/Meetings/Training Checks 668,735.68 EFT Payments Total Payments 43,904.20 712,639.88 Business Unit General/Admn-Human Resources General/Admn-Human Resources General/Admn-Human Resources General/Ad mn-Human Resources General/Ad mn-H uman Resources General/Admn-Human Resources R55CKS2 LOGIS100 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Company Amount 09001 GENERAL FUND 95,464.51 09116 CEDAR GROVE PARKING GARAGE 1,495.07 09197 ETV 6,336.26 09220 PUBLIC UTILITIES 73,143.18 09221 CIVIC ARENA 1,346.63 09222 CASCADE BAY 5,151.40 09223 CENTRAL PARK /COMMUNITY CENTER 4,501.71 09335 EQUIPMENT REVOLVING 37,096.75 09336 GENERAL FACILITIES RENEW & REP 6,785.42 09354 FIRE STATION 1 3,703.93 09355 MAINTENANCE FACILITY EXPANSION 178,288.26 09372 REVOLVING SAF -CONSTRUCTION 199,148.38 09477 2012B Equipment Cert DS 67,481.25 09591 RISK MANAGEMENT 8,717.24 09592 BENEFIT ACCRUAL 8,925.86 09695 DAK CO DRUG TASK FORCE 15,054.03 Report Totals 712,639.88 City of Eagan 6/1/2017 17:02:17 Council Check Summary Page - 1 5/29/2017 - 6/2/2017 R55CKR2 LOGIS101 Check # Date 191513 6/9/2017 191514 6/9/2017 191515 6/9/2017 191516 6/9/2017 191517 6/9/2017 191518 6/9/2017 191519 6/9/2017 191520 6/9/2017 191521 6/9/2017 191522 6/9/2017 04, City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 1 Council Check Register by Invoice & Summary 6/5/2017 — 6/9/2017 Amount Supplier / Explanation PO # Doc No Inv No 100584 ADVANCED GRAPHIX INC 95.00 CST SQUAD GRAPHICS 260547 196945 95.00 146368 ALLEGRA 269.00 CAFR TABS 269.00 116138 ALOE UP 369.00 MERCHANDISE FOR RESALE 369.00 119507 APACHE GROUP 230.10 ADOPT STREET SUPPLIES 230.10 260551 41500 260552 202617 260549 194827 142987 APPLE CHEVROLET BUICK NORTHFIELD 35.56 PARKS 260548 50834 35.56 147875 APPLE COLLISION & GLASS 1,100.80 REPAIRED. UNKNOWN ORIGIN 1,100.80 144673 ARCADE ELECTRIC 7,500.00 C PARK TRAIL LTS LED RETORFIT 7,500.00 138046 ART OF FRAMING 128.85 FRAMES FOR AD POSTER DISPLAY 128.85 66.00 492.00 3,844.00 4,402.00 817.00 1,693.25 142024 BASER & PL UMPIRES WOMEN'S SOFTBALL UMPIRES CO-REC SOFTBALL UMPIRES MEN'S SOFTBALL UMPIRES 100024 BRAUN INTERTEC MATERIALS TESTING MATERIALS TESTING 260546 A1JP302535 260550 8765 260879 6838 260876 053117 260876 053117 260876 053117 260555 B091081 260554 B092753 Account No 1104.6425 0501.6370 Subledger Account Description Business Unit Mobile Equipment Repair Labor Patrolling/Traffic General Printing and Binding General & Admn-Finance 6714.6855 Merchandise for Resale Merchandise Sales 2271.6255 Street Repair Supplies Boulevard/Ditch Mtn 3128.6231 Mobile Equipment Repair Parts Vehicle Maintenance 1104.6425 Mobile Equipment Repair Labor Patrolling/Traffic 3624.6630 Other Improvements Facilities R&R Fd -Mtn Facility 3226.6310 Professional Services -General Public Education/Education 3049.6327 3050.6327 3048.6327 Sporting Event Officials Sporting Event Officials Sporting Event Officials Adult Softball -Women Adult Softball-Co-Rec Adult Softball -Men 9355.6713 Project- Outside Engineering MAINTENANCE FACILITY EXPANSION 6148.6712 P1186 Project- Engineering North Well Field R55CKR2 LOGIS101 Check # Date 191522 6/9/2017 191523 6/9/2017 191524 6/9/2017 191525 6/9/2017 191526 6/9/2017 191527 6/9/2017 191528 6/9/2017 191529 6/9/2017 Amount Supplier / Explanation 100024 BRAUN INTERTEC 19,867.05 GRANT REIMBURSABLE 22,377.30 100342 BROCK WHITE CO 7,185.89 ROADSAVER SEALANT 7,185.89 143367 BUENNING, SAUNDRA 69.21 CLERICAL CLOTHING 69.21 City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 2 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 PO # Doc No Inv No 101648 BURNSVILLE ELECTRIC INC 408.00 ELECTRIC GG RACK FS1 408.00 145520 BURR OAK I LLC 8,154.71 MAY 2017 RENT 8,154.71 142837 CENTURYLINK (R) 967.91 JUN 2017 TELEPHONE 967.91 260556 B092957 260557 12769432-00 260558 052617 260553 9541 260559 0128 260560 1410302150 Account No Subledger Account Description Business Unit Continued... 9334.6310 Professional Services -General Cedarvale/Hwy 13 TIF 2223.6255 Street Repair Supplies Crack Sealing 1107.6224 Clothing/Personal Equipment Support Services 9354.6710 Project - Contract FIRE STATION 1 9695.6456 Building Rental Dakota Co Drug Task Force 9695.6347 Telephone Service & Line Charg Dakota Co Drug Task Force 146026 CLAUSEN, CHAD 16.61 SWAT TRAINING LUNCH 260568 012417 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 13.88 CST TRAINING IN ST. PAUL LUNCH 260567 022217 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 111.33 MEALS U OF F INSTR. SCHOOL 260566 040617 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 141.82 143057 COLUMBIA PIPE AND SUPPLY CO. 77.50 BALL VALVE 511.75 BACKFLOW PREVENTION REPLACEMEN 162.11 SUPPLIES 751.36 191530 6/9/2017 142286 COMCAST 8.45 COMCAST BILL JUNE 2017 8.45 260565 2375468 260624 2382709 260631 2383063 6163.6230 6146.6260 6152.6230 Repair/Maintenance Supplies -Ge Utility System Parts/Supplies Repair/Maintenance Supplies -Ge Meter Maintenance/Repair North Plant Building PRS Inspection/Maint/Repair 260569 877210508005718 1104.6569 Maintenance Contracts Patrolling/Traffic 1-052017 R55CKR2 LOGIS101 Check # Date 191531 6/9/2017 191532 6/9/2017 191533 6/9/2017 191534 6/9/2017 191535 6/9/2017 191536 6/9/2017 Amount Supplier / Explanation 142286 COMCAST 283.79 CABLE, PHONE, INTERNET 283.79 142286 COMCAST 19.02 JUNE 2017 19.02 City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 3 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 PO # Doc No Inv No 148675 CONCRETE & COATINGS LLC 6,805.00 FLOOR IN FOYER AND SHOWERS 6,805.00 100040 CONT SAFETY EQUIP 190.66 SAFETY SUPPLIES -VESTS 43.54 JETTING GLOVES 605.64 CAL GAS CONFINED SPACE 839.84 104559 CUSTOM FIRE APPARATUS, INC. 329.04 SWAT TRUCK REPAIR 329.04 117.61 38.25 61.69 23.56 25.77 30,232.56 45.94 16.10 25.90 79.29 5,522.59 64.87 881.74 25.66 23.79 239.78 100050 DAKOTA ELECTRIC HOLZ FARM DIFFLEY/LEXINGTON DIFFLEY/LEXINGTON OAK POND ROAD LIFT STATION DIFFLEY/LEXINGTON RIVER HILLS STREET LIGHTS JOHNNYCAKE/CLIFF SIGNALS TH 77/C0 RD 30 SIGNALS GUN CLUB ROAD LIFTSTATION TRAPP LAKE PARK HOLLAND STORM ELRENE RD HOCKEY RINK CANTER GLEN STORM LEXINGTON RESRVR WESCOTT STORM WOODLANDS STORM Account No 260570 877210508043374 6801.6347 7-051917 260571 877210508005717 0301.6569 3-052017 260561 116224 260564 445345 260623 445358 260563 445431 260562 0017656 -IN 6603.6535 3129.6222 6238.6222 6104.6222 1104.6231 260573 100914-1-MAY17 3106.6405 260574 101738-3-MAY17 3106.6405 260575 102634-3-MAY17 3106.6405 260576 102843-0-MAY17 6239.6408 260577 103085-7-MAY17 3106.6405 260578 129548-4-MAY17 6301.6406 260579 141558-7-MAY17 6301.6407 260572 152632-6-MAY17 6301.6407 260580 166469-7-MAY17 6239.6408 260581 172633-0-MAY17 3106.6405 260582 183413-4-MAY17 6439.6408 260583 192536-1-MAY17 3106.6405 260585 193566-7-MAY17 6439.6408 260586 200603-9-MAY17 6154.6409 260587 201101-3-MAY17 6439.6408 260588 201125-2-MAY17 6439.6408 Subledger Account Description Continued... Telephone Service & Line Charg Maintenance Contracts Other Contractual Services Medical/Rescue/Safety Supplies Medical/Rescue/Safety Supplies Medical/Rescue/Safety Supplies Mobile Equipment Repair Parts Electricity Electricity Electricity Electricity -Lift Stations Electricity Electricity -Street Lights Electricity -Signal Lights Electricity -Signal Lights Electricity -Lift Stations Electricity Electricity -Lift Stations Electricity Electricity -Lift Stations Electricity-Wells/Booster Stat Electricity -Lift Stations Electricity -Lift Stations Business Unit General & Administrative IT -Gen & Admn Building Repair & Maint. Shop Mtn/General Repairs Sewer Main Maintenance Safety Patrolling/Traffic Structure Care & Maintenance Structure Care & Maintenance Structure Care & Maintenance Lift Station Maintenanc/Repair Structure Care & Maintenance Street Lighting Street Lighting Street Lighting Lift Station Maintenanc/Repair Structure Care & Maintenance Lift Station Maintenanc/Repair Structure Care & Maintenance Lift Station Maintenanc/Repair South Plant Building Lift Station Maintenanc/Repair Lift Station Maintenanc/Repair R55CKR2 LOGIS101 Check # Date 191536 6/9/2017 191537 6/9/2017 191538 6/9/2017 191539 6/9/2017 191540 6/9/2017 191541 6/9/2017 City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 4 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 100050 DAKOTA ELECTRIC Continued... 46.07 NORTHVIEW PARK IRRIGATION 260589 203049-2-MAY17 3106.6405 Electricity Structure Care & Maintenance 60.64 OHMAN PARK SHELTER 260590 205375-9-MAY17 3106.6405 Electricity Structure Care & Maintenance 26.24 DIFFLEY ROAD TUNNEL LIGHTS 260591 214662-9-MAY17 3106.6405 Electricity Structure Care & Maintenance 43.62 DIFFLEY/LEXINGTON 260592 221769-3-MAY17 3106.6405 Electricity Structure Care & Maintenance 14.00 620 CLIFF RD AERATOR 260593 226044-6-MAY17 6520.6405 Electricity Basin Mgmt-Aeration 1,068.78 REPLACE STREETLIGHT 260584 241162-7-053117 6301.6432 Utility System Repair -Labor Street Lighting 24.38 MAJESTIC OAKS SAN 260594 288226-4-MAY17 6239.6408 Electricity -Lift Stations Lift Station Maintenanc/Repair 14.00 HAY LAKE RD AERATOR 260595 371946-5-MAY17 6520.6405 Electricity Basin Mgmt-Aeration 18.67 WESCOTT GAZEBO 260596 393793-5-MAY17 3106.6405 Electricity Structure Care & Maintenance 62.86 STEEPLECHASE CT LIFTSTATION 260597 401500-4052517 6239.6405 Electricity Lift Station Maintenanc/Repair 460.41 ART HOUSE 260598 412157-0-MAY17 3106.6405 Electricity Structure Care & Maintenance 16.56 LEXINGTON AVE GAZEBO 260599 440126-1-MAY17 3106.6405 Electricity Structure Care & Maintenance 40.93 MARSH COVE SAN LIFTSTATION 260600 441453-8-MAY17 6239.6408 Electricity -Lift Stations Lift Station Maintenanc/Repair 39,322.26 100447 DALCO 107.49- CUSTODIAL SUPPLIES 260608 3177282 6827.6223 Building/Cleaning Supplies Building Maintenance 107.49 CUSTODIAL SUPPLIES 260608 3177282 6827.6223 Building/Cleaning Supplies Building Maintenance 107.49 CUSTODIAL SUPPLIES 260608 3177282 6827.6223 Building/Cleaning Supplies Building Maintenance 119.81 CUPS 260607 3177818 3304.6223 Building/Cleaning Supplies Bldg/Facilities Maintenance 11,228.87 NEW CARPET EXTRACTOR 260609 3177858 6834.6640 Machinery/Equipment Capital Replacement 11,456.17 120936 DELTA DENTAL 33.00 JUNE - DENTAL INSURANCE 260606 6910001 9592.2019 Ded payable Orthodontia Benefit Accrual 4,959.55 JUNE - DENTAL INSURANCE 260606 6910001 9592.2018 Ded Payable -Insurance Dental Benefit Accrual 8,876.61 JUNE - DENTAL INSURANCE 260606 6910001 9592.6158 Dental Insurance Benefit Accrual 13, 869.16 142962 DIAMOND MOWERS INC. 74.89 CYLINDER LIFT LIMIT 260601 0125169 -IN 3128.6231 Mobile Equipment Repair Parts Vehicle Maintenance 74.89 150221 DONNA, JIM 1,000.00 MARKETFEST 6/14/17 260604 061417 3061.6320 Instructors Market Fest 1, 000.00 126333 DUNN & SEMINGTON PRINTING DESIGN 213.00 SIGNS FOR POOL 260602 29834 6716.6257 Signs & Striping Material General Administration 213.00 R55CKR2 LOGIS101 Check # Date 191541 6/9/2017 191542 6/9/2017 191543 6/9/2017 191544 6/9/2017 191545 6/9/2017 191546 6/9/2017 191547 6/9/2017 191548 6/9/2017 191549 6/9/2017 Amount Supplier / Explanation City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 5 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 PO # Doc No Inv No 126333 DUNN & SEMINGTON PRINTING DESIGN 100387 EAGAN GENERAL REPAIR 703.67 CHIPPER 703.67 102620 ECOLAB 4,289.22 CHEMICAL 4,289.22 149878 EDWARDS, EVA MARIA 35.58 ICE SHOW COSTUMES 35.58 142452 EMCS INC. 216.00 MAINTENANCE 9-12/2017 434.00 MAINTENANCE 1-8/2018 650.00 100451 FASTENAL COMPANY 298.98 WELL #4 CAULK AND STOCK 52.05 ELECT FITTINGS 38.60 STP POLY PARTS 31.81 BUG SPRAY AND BLADES NTP 9.08 POOL REPAIR SUPPLIES 9.49 PARTS 58.92 BLDG REPAIR 34.57 PLAYGROUND REPAIR 533.50 141851 FERGUSON WATERWORKS 195.92 BLDG REPAIR 195.92 111040 FORKLIFTS OF MINNESOTA, INC. 541.00 RENTAL OF FORKLIFT 541.00 145103 FRATTALONE COMPANIES INC. 8,977.07 CONT 16-22 PMT 1 9,113.83 CONT 16-22 PMT 1 260603 26192 260611 5728803 260605 051517 260610 14502 260610 14502 Account No 3522.6680 6720.6244 6606.6220 9695.6270 9695.1431 260612 MNTC1199641 6148.6230 260614 MNTC1199699 6146.6233 260615 MNTC1199728 6155.6260 260613 MNTC1199802 6146.6230 260617 MNTC1199879 6720.6236 260621 MNTC1199970 2220.6231 260618 MNTC1200023 3106.6233 260620 MNTC1200110 3101.6252 260619 4844449 260616 01R5770810 260622 060217 260622 060217 3106.6233 6603.6457 8225.6710 8225.6710 Subledger Account Description Continued... Mobile Equipment Chemicals & Chemical Products Operating Supplies - General Computer Software Prepaid Expenses - Current Repair/Maintenance Supplies -Ge Building Repair Supplies Utility System Parts/Supplies Repair/Maintenance Supplies -Ge Pool Repair Supplies Mobile Equipment Repair Parts Building Repair Supplies Parks & Play Area Supplies Building Repair Supplies Machinery & Equipment -Rental Project - Contract P225A Project - Contract Business Unit Equip Rev Fd -Dept 22 Pool Attendant Ice Show Dakota Co Drug Task Force Dakota Co Drug Task Force North Well Field North Plant Building South Plant Production North Plant Building Pool Attendant Bituminous Surface Maint Structure Care & Maintenance Playground Maintenance Structure Care & Maintenance Building Repair & Maint. P1225 Northwest Park Way Exten P1225 Northwest Park Way Exten R55CKR2 LOGIS101 Check # Date 191549 6/9/2017 191550 6/9/2017 191551 6/9/2017 191552 6/9/2017 191553 6/9/2017 191554 6/9/2017 191555 6/9/2017 Amount Supplier / Explanation PO # 145103 FRATTALONE COMPANIES INC. 15,636.81 CONT 16-22 PMT 1 43,607.38 CONT 16-22 PMT 1 77,335.09 82.79 147.84 53.42 29.56 32.52 346.13 100071 G & K SERVICES CMF SHOP TOWELS SHOPTOWELS MAINTENANCE RUGS CH RUGS PD RUGS 147955 GALLS LLC 242.32 LT. CLOTHING 242.32 74.93 28.50 49.95 1,797.75 1,229.26 267.10 1,240.14 25.43 4,713.06 100465 GERTEN GREENHOUSES RIVER ROCK AT CASCADE BAY CONCRETE WORK RIVER ROCK PLANTS FOR POOL PLANTS FOR POOL CHEMICALS HERBICIDE MULCH 107536 GOVCONNECTION, INC 8.07 CORD FOR NETWORK SWITCH 8.07 100084 HANCO 31.77 WHEEL WEIGHTS 7.28 RO 273 UNIT 403 39.05 100085 HARDWARE HANK 26.99 PICK FOR 602 TRUCK 4.99 PAINT 11.97 SUPPLIES City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 6 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 Doc No Inv No 260622 060217 260622 060217 260625 6182501722 260630 6182501723 260628 6182501724 260627 6182501726 260626 6182501727 260629 007573093 260882 1398 /7 260639 1596 /7 260635 1597 /7 260637 3422/W 260636 422187/1 260638 472 /12 260640 487 /12 260883 A23528/7 260634 54797301 260632 868961 260633 868962 260649 1683142 260642 1685910 260651 1686191 Account No 8225.6710 8225.6710 2401.6241 2401.6241 3314.6535 3315.6569 3316.6569 1104.6224 3217.6250 3104.6252 6716.6563 6716.6563 6716.6563 3118.6253 3114.6253 3217.6250 0301.6210 2401.6241 9001.1415 6147.6240 3103.6220 2270.6220 Subledger Account Description Continued... P225B Project - Contract P225C Project - Contract Shop Materials Shop Materials Other Contractual Services Maintenance Contracts Maintenance Contracts Clothing/Personal Equipment Landscape Material & Supplies Parks & Play Area Supplies Landscaping Landscaping Landscaping Turf Maintenance & Landscape S Turf Maintenance & Landscape S Landscape Material & Supplies Office Supplies Shop Materials Inventory - Parts Small Tools Operating Supplies - General Operating Supplies - General Business Unit P1225 Northwest Park Way Exten P1225 Northwest Park Way Exten Gen/Adm-Central Services Gen/Adm-Central Services Central Maintenance City Hall Police Patrolling/Traffic Landscape Mtn -Non -park sites Site Amenity Installation General Administration General Administration General Administration Athletic Field Mtn/Setup Turf Mgmt/Enhancement Landscape Mtn -Non -park sites IT -Gen & Admn Gen/Adm-Central Services General Fund North Plant Production Site Amenity Maintenance Building And Grounds -Mtn R55CKR2 LOGIS101 Check # Date 191555 6/9/2017 191556 6/9/2017 191557 6/9/2017 191558 6/9/2017 191559 6/9/2017 191560 6/9/2017 191561 6/9/2017 City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 7 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 Amount Supplier / Explanation PO # Doc No Inv No 100085 HARDWARE HANK 316.73 BLOWERNAC 260884 1686233 4.69 NUTS, BOLTS 260641 1687262 16.96 FORESTRY OFFICE 260880 1687725 4.69 FISHING CLINIC BAIT 260644 1688135 23.66 WELL 4 FITTINGS 260647 1689424 1.69- WELL 4 FITTINGS RETURN 260648 1689429 36.89 EVENT TRAILER REPAIR 260643 1689450 22.02 VARIOUS OPERATING SUPPLIES 260650 1691252 467.90 100064 HAWKINS WATER TRTMNT GROUP INC 2,155.00 CL2 NTP 260645 4077490 431.00 STP CL2 260646 4077491 2,586.00 100267 HAYES ELECTRIC 267.00 C PARK FOUNTAIN REPAIR LABOR 339.71 LIGHTING REPAIR PARTS 445.00 LIGHTING REPAIR LABOR 647.12 IRRIGATION REPAIR PARTS 712.00 IRRIGATION REPAIR LABOR 2,410.83 120717 HD SUPPLY WATERWORKS LTD 14.09 2,590.68 TEMP HYDRANT METER REPLACEMENT 2,604.77 100087 HENNEPIN CTY DISTRICT COURT 78.00 DARRELL EDMUND LEWIS 78.00 149249 HERCULIFT 226.52 SHELVING FOR NEW STORAGE CLOSE 226.52 100627 HOME DEPOT CREDIT SERVICES 7.99 CASCADE BAY SUPPLIES 27.20 BLACKHAWK WATER SOFTENER SALT 11.97 PICNIC TABLES SUPPLIES 260653 4163 260658 4167 260658 4167 260659 4167-052817 260659 4167-052817 260655 H185882 260660 H212718 260652 217700 260877 S0075699 260731 0011058 260696 0014759 260697 0090577 Account No 3222.6670 3103.6220 3201.6220 6538.6227 6148.6233 6148.6233 3130.6220 6501.6220 6147.6244 6155.6244 3104.6431 3109.6239 3109.6428 3118.6234 3118.6428 6162.6240 6131.6260 9001.2260 3222.6670 6719.6233 3106.6223 3103.6220 Subledger Account Description Continued... Other Equipment Operating Supplies - General Operating Supplies - General Recreation Equipment/Supplies Building Repair Supplies Building Repair Supplies Operating Supplies - General Operating Supplies - General Chemicals & Chemical Products Chemicals & Chemical Products Park Facility Repair -Labor Park Facility Repair Parts Field/Other Equipment Repair -L Field/Other Equipment Repair Field/Other Equipment Repair -L Small Tools Utility System Parts/Supplies Bail Deposits Other Equipment Building Repair Supplies Building/Cleaning Supplies Operating Supplies - General Business Unit Equipment Mtn Site Amenity Maintenance Administrative/General Pub Information/Education North Well Field North Well Field Recreation Program Support G/A - Water Quality North Plant Production South Plant Production Site Amenity Installation Lighting Maintenance Lighting Maintenance Athletic Field Mtn/Setup Athletic Field Mtn/Setup Meter Reading Water Customer Service General Fund Equipment Mtn Building Maintenance Structure Care & Maintenance Site Amenity Maintenance R55CKR2 LOGIS101 City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 8 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 191561 6/9/2017 100627 HOME DEPOT CREDIT SERVICES Continued... 14.98 PLAYGROUNDS 260726 1010855 3103.6252 Parks & Play Area Supplies Site Amenity Maintenance 65.52 FESTIVAL GROUND RETAINING WALL 260727 1010912 3103.6252 Parks & Play Area Supplies Site Amenity Maintenance 7.05 TRAPP-SUPPLIES 260728 1023334 3106.6233 Building Repair Supplies Structure Care & Maintenance 64.91 TRAPP FARM FIREWOOD DOORS 260730 10969 3106.6233 Building Repair Supplies Structure Care & Maintenance 90.49 FORESTRY WORKSTATION 260729 1290680 3201.6220 Operating Supplies - General Administrative/General 22.08 SUPPLIES 260695 14669 3106.6233 Building Repair Supplies Structure Care & Maintenance 97.48 FORESTRY WORKSTATION 260725 2010756-050117 3201.6220 Operating Supplies - General Administrative/General 36.99 SHOP SUPPLIES 260710 2015543 3106.6233 Building Repair Supplies Structure Care & Maintenance 9.37 HOLZ FARM SUPPLIES 260741 2082127 3106.6220 Operating Supplies - General Structure Care & Maintenance 32.70 HOLZ FARM VANDALISM 260724 3010688 9591.6386 Insurance Deductible Risk Management 10.20 BENCHES 260740 3012129 2852.6762 Special Features/Furnishings General Park Site Improvmts 18.11 SHOP SUPPLIES 260709 3015452 3314.6233 Building Repair Supplies Central Maintenance 23.54 MAILBOX POST 260742 3290705 2240.6256 Snow Removal/Ice Control Suppl Street Plowing/Sanding 27.09 SHOP SUPPLIES 260737 4011899 3129.6220 Operating Supplies - General Shop Mtn/General Repairs 214.94 BENCHES 260738 4011962 2852.6762 Special Features/Furnishings General Park Site Improvmts 8.97 SUPPLIES 260706 4015302 3106.6233 Building Repair Supplies Structure Care & Maintenance 2.46 FITTINGS-WIFFLEBALL 260707 4015338 3106.6233 Building Repair Supplies Structure Care & Maintenance 29.12 SUPPLIES-RAHN 260708 4022689 3106.6233 Building Repair Supplies Structure Care & Maintenance 25.94 TOOLS 260739 4081624 3103.6240 Small Tools Site Amenity Maintenance 22.70 HOLZ FARM VANDALISM 260722 5010466 9591.6386 Insurance Deductible Risk Management 49.97 COLD STORAGE LIGHTS 260701 5015210 3314.6233 Building Repair Supplies Central Maintenance 4.66 HOLZ FARM SUPPLIES 260702 5015224 3106.6233 Building Repair Supplies Structure Care & Maintenance 61.64 A FRAMES 260703 5015239 3103.6220 Operating Supplies - General Site Amenity Maintenance 9.97 HOLZ FARM 260704 5022600 3106.6233 Building Repair Supplies Structure Care & Maintenance 9.98 THRESHER PARK SUPPLIES 260705 5091411 3106.6233 Building Repair Supplies Structure Care & Maintenance 58.85 SHOP VAC/306 TOOLS 260736 5094458 3222.6240 Small Tools Equipment Mtn 14.86- FORESTRY WORKSTATION 260723 5260013 3201.6220 Operating Supplies - General Administrative/General 13.64 CMF REMODEL SHELVING 260720 6010262 3129.6220 Operating Supplies - General Shop Mtn/General Repairs 20.59 SUPPLIES-TRAPP 260699 6015070 3104.6220 Operating Supplies - General Site Amenity Installation 1.29 SUPPLIES-TRAPP 260700 6015078 3104.6220 Operating Supplies - General Site Amenity Installation 63.92 CMF OFFICE STEAM CLEANER 260721 6250011 3201.6220 Operating Supplies - General Administrative/General 17.64 WIFFLE BALL 260714 7010172 3077.6227 Recreation Equipment/Supplies Non -Traditional Sports 59.88 CLEANING SUPPLIES 260714 7010172 3106.6223 Building/Cleaning Supplies Structure Care & Maintenance 79.00 2 HANDLE KITCHEN FAUCET 260715 7010188 3314.6233 Building Repair Supplies Central Maintenance 34.86 MOONSHINE -SUPPLIES 260716 7010202 3106.6233 Building Repair Supplies Structure Care & Maintenance 29.97 NEW 306 TOOLBOX 260717 7023031 3222.6240 Small Tools Equipment Mtn 24.74 OHMANN SUPPLIES 260718 7023034 3106.6233 Building Repair Supplies Structure Care & Maintenance 49.36 CMF SHELVING 260719 7023039 3129.6233 Building Repair Supplies Shop Mtn/General Repairs 23.51 ATHLETIC FIELDS 260712 8010049 3118.6253 Turf Maintenance & Landscape S Athletic Field Mtn/Setup R55CKR2 LOGIS101 Check # Date 191561 6/9/2017 191562 6/9/2017 191563 6/9/2017 191564 6/9/2017 191565 6/9/2017 191566 6/9/2017 191567 6/9/2017 191568 6/9/2017 Amount Supplier / Explanation PO # 100627 HOME DEPOT CREDIT SERVICES 76.94 PUSHBROOM/SPREADER 19.58 BLOCK AROUND POND -ECC 11.97 ECC POND MATERIAL 47.92 PAINT MIXING STATION 4.98 MOONSHINE -SUPPLIES 20.40 BLACKHAWK WATER SOFTENER SALT 74.94 HOLZ FARM SUPPLIES 1,727.14 City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 9 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 Doc No Inv No 101708 HONSA LIGHTING SALES & SVC. INC. Account No 260734 8080818 3222.6240 260735 8080889 3103.6220 260713 8084137 3217.6220 260732 9011201 3127.6231 260711 9015937-042417 3106.6233 260698 9090733 3106.6223 260733 9093793 3201.6220 235.04 LIGHT BULBS 260657 79747 235.04 148985 HP INC. 1,373.48 PC REPLACEMENT FOR WRES SPEC. 988.58 TABLET/PC REPLACEMENT --MILLER 2,362.06 143243 IMPACT PROVEN SOLUTIONS 654.75 WATER QUALITY INSERTS 654.75 104674 INDELCO PLASTICS CORP. 170.61 REPLACEMENT COOLING WELL 1 170.61 115944 INTEREUM, INC. 7,874.00 OFFICE RENO - CMF - CHAIRS 7,874.00 111142 ISD 196 60.00 RENTAL OF POOL FOR TRAINING 60.00 104485 JANECKY PLUMBING SERVICE, INC. 320.00 PLUMBING REPAIR 1,096.00 PLUMBING REPAIR 332.00 PLUMBING REPAIR 1,748.00 260654 58480916 260656 58490271 260662 123982 260661 1068945 260663 131857 260667 061417 260666 115154 260665 115155 260664 115156 6827.6233 6501.6670 0201.6660 6113.6310 6148.6233 9336.6660 6725.6535 3313.6535 6827.6535 3313.6535 Subledger Account Description Continued... Small Tools Operating Supplies - General Operating Supplies - General Mobile Equipment Repair Parts Building Repair Supplies Building/Cleaning Supplies Operating Supplies - General Building Repair Supplies Other Equipment Office Furnishings & Equipment Professional Services -General Building Repair Supplies Office Furnishings & Equipment Other Contractual Services Other Contractual Services Other Contractual Services Other Contractual Services Business Unit Equipment Mtn Site Amenity Maintenance Landscape Mtn -Non -park sites Equipment Maintenance/Repair Structure Care & Maintenance Structure Care & Maintenance Administrative/General Building Maintenance G/A - Water Quality General & Admn-Admn Preparation/ Research/ Writing North Well Field Gen Facilities Renew & Replmt Classes/Camps Fire Buildings Building Maintenance Fire Buildings R55CKR2 LOGIS101 Check # Date 191569 6/9/2017 191570 6/9/2017 191571 6/9/2017 191572 6/9/2017 191573 6/9/2017 191574 6/9/2017 191575 6/9/2017 191576 6/9/2017 191577 6/9/2017 City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 10 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 142544 JEDLICKI INC., G.F. Continued... 374,263.90 CONT 17-03 PMT 2 260669 060617 6542.6710 P1238 Project - Contract Capital Proj-WQ dedictn-cr1127 374,263.90 100378 JOHNSON FIRE & SAFETY INC, J N 315.00 CEDAR GROVE PARKING GARAGE 260668 SO1.132554 0301.6230 Repair/Maintenance Supplies -Ge IT -Gen & Admn 315.00 119878 KATH FUEL 13,160.51 DIESEL FUEL 7500 GALLONS 260670 580794 9001.1411 Inventory - Motor Fuels General Fund 13,160.51 142496 KAUFMAN ENTERPRISES INC. 1,725.00 HIGHLINE TRAIL MOWING 196.00 3280 HERITAGE LANE 112.00 3660 KNOLL RIDGE DRIVE 2,033.00 260680 14320 260687 14337 260686 14338 3125.4691 0729.6535 0729.6535 Other Revenue Other Contractual Services Other Contractual Services Trail/Walkway/Lot Maintenance Code Enforcement Code Enforcement 111769 KEEPRS INC. 797.85- SPECIALITY UNIT DOUBLE BILL 260682 343334-80 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 629.91- SPECIALITY UNIT DOUBLE BILL 260681 344157-80 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 964.84 SPECIALITY UNIT PANTS 260672 345384 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 119.98 SPECIALITY UNIT PANTS 260673 345384-01 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 757.77 SLETA HTC UNIFORMS 260674 346479 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 806.76 SLETA HTC UNIFORMS 260675 346489 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 1,221.59 146803 KENT, ROBERT 18.73 CSO II MILEAGE 260684 051817 1110.6353 Personal Auto/Parking Animal Control 18.73 100061 KRAEMER MINING & MATERIALS INC. 422.49 SUPPLIES 260678 261344 6160.6255 Street Repair Supplies Main Maintenance/Repair 422.49 128864 LEGACY CREATIVE IMAGES 700.00 MARKET FEST FAMILY NIGHT 260683 1187 3061.6320 Instructors Market Fest 700.00 100367 LYN-MAR TYPESETTING PRINTING 103.00 RECEIPT/INVOICE FORMS 260676 36949 6801.6211 Office Printed Material/Forms General & Administrative R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 11 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 PO # Doc No Inv No 191577 6/9/2017 100367 LYN-MAR TYPESETTING PRINTING 191578 6/9/2017 191579 6/9/2017 191580 6/9/2017 191581 6/9/2017 191582 6/9/2017 103.00 100925 MACBETH, ERIC 13.00 3/23/17 LUNCH 13.00 100116 MACQUEEN EQUIP 37.92 NOZZLES SWEEPER 37.92 145679 MAGNET FORENSICS USA INC. 875.00 6/28/17-6/28/18 875.00 149986 MANNING, MELISSA 100.00 WASHER REBATE PROGRAM 100.00 149465 MATTSON, MAGGIE 500.00 OAK WILT REIMBURSEMENT 500.00 191583 6/9/2017 150163 MCLAY FLOORING LLC 2,050.00 FS1 GYM FLOOR 191584 6/9/2017 2,050.00 260677 032317 260671 P06655 260685 SIN011991 260679 2016 ESWR 140 260771 2017 OAK WILT -TR Account No Subledger Account Description Business Unit Continued... 6547.6477 Local Meeting Expenses WMO Eagan -Inver Grove Heights 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 0301.6569 Maintenance Contracts IT -Gen & Admn 9376.6860 Contributions/Cost Sharing Pay Combined Utility Trunk Fund 3209.6860 Contributions/Cost Sharing Pay Plant Inspections -Private Prop 260772 1490 9354.6640 Machinery/Equipment FIRE STATION 1 100571 MENARDS-APPLE VALLEY 418.97 OLD TOWN HALL TOILET SHELTER 260881 16649 5150.6756 Building & Structures Nasseff Contribution 53.57 NUTS BOLTS 260690 18371 3103.6220 Operating Supplies - General Site Amenity Maintenance 584.91 RIDGECLIFF TENNIS BOARDS 260691 18379 2834.6761 Athletic Furnishings Ridgecliff Park 1,057.45 191585 6/9/2017 100685 METRO SALES INC (R) 329.57 COPIER USAGE 2/18-5/17/17 329.57 191586 6/9/2017 100034 MIDWEST COCA COLA 2,770.74 POP -CONCESSION RESALE 2,770.74 260768 INV802784 9695.6210 Office Supplies Dakota Co Drug Task Force 260767 3641203102 6713.6855 Merchandise for Resale Concessions R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 12 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 191586 6/9/2017 100034 MIDWEST COCA COLA Continued... 191587 6/9/2017 150227 MILLER, DIANNA 100.00 WASHER REBATE PROGRAM 260776 2016 ESWR 153 9376.6860 Contributions/Cost Sharing Pay Combined Utility Trunk Fund 100.00 191588 6/9/2017 146961 MINNESOTA EQUIPMENT 707.16 INSURANCE CLAIM - UNIT 322 260694 P36359 9591.6386 Insurance Deductible Risk Management 707.16 191589 6/9/2017 100698 MN DNR 35.00 DNR PERMIT FOR PLANTHARVESTING 260773 16F -3A1048-0527 6523.6480 Licenses, Permits and Taxes Basin Mgmt-Aquatic Plant Hvst 17 35.00 DNR PERMIT FOR PLANTHARVESTING 260774 16F -3A1049-0527 6523.6480 Licenses, Permits and Taxes Basin Mgmt-Aquatic Plant Hvst 17 35.00 DNR PERMIT FOR PLANTHARVESTING 260775 16F -3A1050-0527 6523.6480 Licenses, Permits and Taxes Basin Mgmt-Aquatic Plant Hvst 17 105.00 191590 6/9/2017 138430 MN ENERGY RESOURCES CORP (R) 60.69 MAY 2017 NATURAL GAS 260770 0504461082-0000 1 -MAY 17 48.97 MAY 2017 NATURAL GAS 260769 0507678830-0000 1 -MAY 17 191591 6/9/2017 191592 6/9/2017 109.66 392.28 4,240.00 250.30 1,960.00 6,842.58 2,500.00 2,500.00 125.00- 4,875.00 100670 MN PIPE EQUIPMENT RESTOCK SUPPLY VALVE REPAIR TOOL CHECK FOR WELL 15 DRAIN HYDRANT REPAIR 145327 MNSPECT LLC BACKU UP SERVICES BACK UP SERVICES BACK UP SERVICES 191593 6/9/2017 100142 MOTOROLA INC 4,694.75 2ND INSTRISTIC PORTABLE, THUL 260688 0377779 260693 0378060 260692 0378061 260689 0378364 260789 7037 260790 7038 260791 7043 9695.6410 Natural Gas Service Dakota Co Drug Task Force 9695.6410 Natural Gas Service Dakota Co Drug Task Force 6160.6260 6160.6240 6156.6233 6144.6260 0805.6310 0805.6310 0805.6310 Utility System Parts/Supplies Small Tools Building Repair Supplies Utility System Parts/Supplies Professional Services -General Professional Services -General Professional Services -General Main Maintenance/Repair Main Maintenance/Repair South Well Field Hydrant Maintenance/Repair Construction lnsp-Field Construction Insp-Field Construction lnsp-Field 260783 41235706 3511.6670 Other Equipment Equip Rev Fd -Dept 11 R55CKR2 LOGIS101 Check # Date 191593 6/9/2017 191594 6/9/2017 191595 6/9/2017 191596 6/9/2017 191597 6/9/2017 191598 6/9/2017 Amount Supplier / Explanation 100142 MOTOROLA INC 531.00 SOT INSTRISTIC PORTABLE BATTS. 285.00 PORTABLE MICS NON -WIND 5,510.75 100146 MTI DISTR CO 54.72 IRRIGATION REPAIR 13.80 IRRIGATION REPAIR 2,521.85 IRR PUMP REPLACEMENT 104.56 PARKS MOWER PARTS 42.00 HAND TOOLS 2,736.93 City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 13 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 PO # Doc No Inv No 260782 8280002269 260781 8280003848 260778 1117399-00 260777 1117551-00 260779 1117864-00 260780 1118331-00 260784 1118688-00 Account No 3511.6670 3511.6670 3117.6234 3117.6234 3117.6234 9001.1415 3118.6240 Subledger Account Description Business Unit Continued... Other Equipment Other Equipment Field/Other Equipment Repair Field/Other Equipment Repair Field/Other Equipment Repair Inventory - Parts Small Tools Equip Rev Fd -Dept 11 Equip Rev Fd -Dept 11 Irrigation System Mtn/Install Irrigation System Mtn/Install Irrigation System Mtn/Install General Fund Athletic Field Mtn/Setup 150220 NIEMER, ALEX 250.00 MARKETFEST POP CLUB 6/14/17 260785 061417 3061.6320 Instructors Market Fest 250.00 139057 NORTH AMERICAN CLEANING CORP 406.00 MAY 2017 BLDG CLEANING 260788 115567 3106.6537 Janitorial Service Structure Care & Maintenance 406.00 108599 OFFICE DEPOT, INC. 47.90 OFFICE SUPPLIES 260786 929159232001 2401.6210 Office Supplies Gen/Adm-Central Services 2.41 OFFICE SUPPLIES 260787 929159337001 2401.6210 Office Supplies Gen/Adm-Central Services 50.31 101645 OLSEN FIRE INSPECTION INC 230.00 CITY HALL FIRE INSPECTION 230.00 OLD FIRE ADMIN FIRE INSPECTION 485.00 POLICE BLDG FIRE INSPECTION 475.00 CIVIC ARENA ANNUAL MAINT 1,420.00 191599 6/9/2017 118718 ONDREY, JILL 197.42 CRIME PREV. SPECIALIST MILEAGE 197.42 191600 6/9/2017 150228 OPG -3 INC. 370.00 LASERFICHE TRAINING 370.00 260807 012808 260806 012809 260805 012810 260809 012825 3315.6569 3304.6569 3304.6569 6603.6569 Maintenance Contracts Maintenance Contracts Maintenance Contracts Maintenance Contracts City Hall Bldg/Facilities Maintenance Bldg/Facilities Maintenance Building Repair & Maint. 260804 051117 1104.6353 Personal Auto/Parking Patrolling/Traffic 260808 1852 0401.6476 Conferences/Meetings/Training General & Admn-City Clerk R55CKR2 LOGIS101 Check # Date 191601 6/9/2017 191602 6/9/2017 191603 6/9/2017 191604 6/9/2017 191605 6/9/2017 191606 6/9/2017 191607 6/9/2017 191608 6/9/2017 191609 6/9/2017 191610 6/9/2017 Amount Supplier / Explanation 142236 ORIGINAL WATERMEN 2,722.47 CLOTHING FOR EMPLOYEES 2,722.47 City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 14 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 PO # Doc No Inv No 150222 PAPER ROLL PRODUCTS 233.70 TICKET WRITER PAPER 233.70 115253 PELLICCI ACE HARDWARE 74.33 FLAG REPAIR 74.33 100307 PILOT KNOB ANIMAL HOSP 307.88 VET SERVICES FOR BADGER 307.88 260797 42525 260800 3221 260801 15946/E 260803 140394 119879 PIONEER MANUFACTURING COMPANY 1,643.75 LINING PAINT 260792 INV638628 1,643.75 149730 POND COMPANY, THE 855.00 ECC PLAZA POND - SPRING START - 855.00 144472 PRECISE MRM LLC 241.60 NEW VEHICLE EQUIP 241.60 100166 PUMP & METER SERV 503.00 FUEL LINE INSPECTION YEARLY 503.00 138259 QUALITY PROPANE INC 85.90 PROPANE FOR GRILL 245.51 FORKLIFT PROPANE 331.41 100361 R & R SPECIALTIES INC 35.50 BLADES SHARPENED 102.50 BLADES SHARPENED 945.00 PAINT FOR ICE SHEET -EAST 260878 134 260793 1N200-1012783 260802 81898 260799 145410T 260794 1003836 260795 0062329 -IN 260796 0062336 -IN 260798 0062363 -IN Account No Subledger Account Description Business Unit Continued... 6716.6224 Clothing/Personal Equipment General Administration 1104.6226 Public Safety Supplies Patrolling/Traffic 3130.6252 Parks & Play Area Supplies Recreation Program Support 1104.6325 Vet/Kennel Charge/Animal Dispo Patrolling/Traffic 3118.6251 Athletic Field Supplies Athletic Field Mtn/Setup 3217.6310 Professional Services -General Landscape Mtn -Non -park sites 3522.6680 Mobile Equipment Equip Rev Fd -Dept 22 2401.6234 Field/Other Equipment Repair Gen/Adm-Central Services 6713.6243 Heating Oil/Propane/Other Fuel Concessions 6146.6235 Fuel, Lubricants, Additives North Plant Building 6602.6230 6602.6535 6604.6220 Repair/Maintenance Supplies -Ge Other Contractual Services Operating Supplies - General Equipment Repair & Maint. Equipment Repair & Maint. Ice Maintenance R55CKR2 LOGIS101 City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 15 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 Check # Date Amount Supplier / Explanation PO # Doc No Inv No 191610 6/9/2017 100361 R & R SPECIALTIES INC 1,400.00 LABOR PAINT FOR ICE SHEET -EAST 191611 6/9/2017 191612 6/9/2017 191613 6/9/2017 191614 6/9/2017 191615 6/9/2017 2,483.00 102935 RADCO INDUSTRIES, INC. 1,475.85 VEHICLE 149 20.00 VEHICLE 149 1,495.85 100728 RENT N SAVE 108.10 PORTABLE TOILET IN BRINE BLDG 691.48 APR 17 PORTABLE TOILET RENT 799.58 121047 RETENTION MANAGEMENT 300.00 JUNE 17 RETENTION MNGMNT 300.00 149711 SAFE -FAST INC. 132.50 TROY H CLOTHING ALLOWANCE 162.00 RICK FRANCOIS CLOTHING ALLOWAN 110.00 NICK WILSON CLOTHING ALLOWANCE 110.00 MIKE BUCHHOLZ CLOTHING ALLOWAN 514.50 100683 SAMS CLUB GECF 28.92 ORANGES/JUICE 29.66 PLATES -CLEAN UP DAY 11.84 FOIL SHEETS 23.96 SUPPLIES 74.88 CHIPS 23.42 ORANGES/WATER/COOKIES 36.92 JUICE/CRACKERS/GOLDFISH 19.98 COOKIE TRAY 80.68 PRESCHOOL SUPPLIES/SNACKS 26.35 ORAGNES/MUFFINS/PASTRIES 8.98 DANISH/CRACKERS/CANDY 17.96 CLEANING SUPPLIES 19.94 CLEANING SUPPLIES 30.53 DANISH/CRACKERS/CANDY 39.74 CLEANING SUPPLIES 260798 0062363 -IN 260817 BR -1026701-01 260818 BR -1026783-01 260819 49242 260822 49243 260825 SUP7075960 260811 INV183205 260813 INV183206 260812 INV183208 260814 INV183209 Account No 6604.6535 3522.6680 3522.6680 9355.6718 3111.6539 6807.6569 6101.2115 6101.2115 6201.2115 6401.2115 260765 000031 3075.6227 260744 001040 1101.6210 260761 001241 6806.6220 260761 001241 6807.6220 260761 001241 6831.6855 260745 001528 1104.6477 260743 001911 3075.6227 260762 001974-051717 6831.6220 260747 002771 3057.6227 260749 002825 1104.6477 260755 004416 6831.6855 260755 004416 6801.6220 260755 004416 6805.6220 260755 004416 6806.6855 260755 004416 6806.6220 Subledger Account Description Continued... Other Contractual Services Mobile Equipment Mobile Equipment Project - Other Charges Waste Removal/Sanitation Servi Maintenance Contracts Clothing Allowance Clothing Allowance Clothing Allowance Clothing Allowance Recreation Equipment/Supplies Office Supplies Operating Supplies - General Operating Supplies - General Merchandise for Resale Local Meeting Expenses Recreation Equipment/Supplies Operating Supplies - General Recreation Equipment/Supplies Local Meeting Expenses Merchandise for Resale Operating Supplies - General Operating Supplies - General Merchandise for Resale Operating Supplies - General Business Unit Ice Maintenance Equip Rev Fd -Dept 22 Equip Rev Fd -Dept 22 MAINTENANCE FACILITY EXPANSION Refuse/Waste Control Fitness Center Water -Administration Water -Administration San Sewer -Administration Storm Sewer -Administration CDBG - Teens General/Admn-Police Concessions Fitness Center Food and Beverage Patrolling/Traffic CDBG - Teens Food and Beverage Preschool Programs Patrolling/Traffic Food and Beverage General & Administrative Birthday Parties Concessions Concessions R55CKR2 LOGIS101 Check # Date 191615 6/9/2017 191616 6/9/2017 191617 6/9/2017 191618 6/9/2017 191619 6/9/2017 191620 6/9/2017 Amount Supplier / Explanation 100683 SAMS CLUB GECF 9.98 GOLDFISH 112.32 CHIPS 18.63 SHEET CAKE -ROD JOHNSON 48.36 FRUIT/GOLDFISH/CRACKERS 167.90 DANISH/MUFFINS/COFFEE/BARS 23.94 XTREME SNACKS 15.98 CAKE 15.98 CAKE 247.35 WATER/BUNS/CHIPS/FRUIT 1.35- SUPPLIES 34.88 CHIPS/WATER 91.80 PAPER/BLUE 49.86 MUFFINS/ROLLS/PASTRIES 1,309.39 City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 16 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 PO # Doc No Inv No 260756 260756 260760 260754 260753 260748 260764 260751 260766 260763 260746 260750 260752 004485-050517 004485-050517 005438-051117 005580 005708 005851-042417 006157 007047 007570 007572-051017 008228 009238 009976 102772 SECURITY CONTROL SYSTEMS, INC. 64.13 5/26-8/26 MONITORING/SECURITY 260826 37778 2,747.93 SECURITY CAMERA REPLACMENT 260820 37881 2,812.06 141461 SHAWN, JACK P 1,920.00 MEN'S BASKETBALL OFFICIALS 1,920.00 100191 SHERWIN WILLIAMS 35.34 SAFETY ORANGE 85.42 BLDG PAINT 84.23 PAINT FOR SHIP 204.99 100193 SIGNATURE CONCEPTS 154.00 EMPLOYEE UNIFORMS 3,792.80 EMPLOYEE UNIFORMS 3,946.80 260827 053117 260821 4223-2 260810 7123-5 260816 7522-4 260823 842645 260824 843786 142493 SIOUX VALLEY ENVIRONMENTAL INC. 330.00 STP POLY 260815 10014 330.00 191621 6/9/2017 102392 SPARTAN PROMOTIONAL GROUP, INC. Account No 6806.6855 6831.6855 6101.6210 3075.6227 6831.6855 3075.6227 6609.6855 6609.6855 3075.6227 6806.6220 6831.6855 3081.6227 6831.6855 6716.6427 6724.6670 3076.6327 6234.6230 3106.6620 6720.6236 6716.6224 6716.6224 6155.6244 Subledger Account Description Continued... Merchandise for Resale Merchandise for Resale Office Supplies Recreation Equipment/Supplies Merchandise for Resale Recreation Equipment/Supplies Merchandise for Resale Merchandise for Resale Recreation Equipment/Supplies Operating Supplies - General Merchandise for Resale Recreation Equipment/Supplies Merchandise for Resale Building Operations/Repair-Lab Other Equipment Sporting Event Officials Repair/Maintenance Supplies -Ge Buildings Pool Repair Supplies Clothing/Personal Equipment Clothing/Personal Equipment Chemicals & Chemical Products Business Unit Concessions Food and Beverage Water -Administration CDBG - Teens Food and Beverage CDBG - Teens Concession Sales/Vending Concession Sales/Vending CDBG - Teens Concessions Food and Beverage Arts & Humanities Council Food and Beverage General Administration Capital Replacement(Cr 1114) Adult Basketball -Men Utility Locates Structure Care & Maintenance Pool Attendant General Administration General Administration South Plant Production R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 17 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 191621 6/9/2017 102392 SPARTAN PROMOTIONAL GROUP, INC. Continued... 257.05 MARKET FEST SIGNS 260834 550947 3061.6220 Operating Supplies - General Market Fest 257.05 191622 6/9/2017 148036 SPOK INC. 4.57 PAGER 260835 A0318109R 3301.6351 Pager Service Fees General Management 4.57 191623 6/9/2017 100854 ST PAUL STAMP WORKS, INC. 164.32 COMMISSION NAME PLATES 260831 387783 0201.6210 Office Supplies General & Admn-Admn 164.32 191624 6/9/2017 100326 ST PAUL, CITY OF 885.00 PATROL TRAINING 260838 IN00022478 1104.6476 Conferences/Meetings/Training Patrolling/Traffic 885.00 191625 6/9/2017 138613 SUPERIOR COLLISION 5,261.17 CLAIM CA32410 260833 28897 9591.6386 Insurance Deductible Risk Management 5,261.17 191626 6/9/2017 100107 THYSSENKRUPP ELEVATOR 125.00 ELEVATOR INSPECTION 260845 3003246256 6146.6535 Other Contractual Services North Plant Building 125.00 ELEVATOR MAINTENANCE 260843 3003246819 6603.6569 Maintenance Contracts Building Repair & Maint. 125.00 OLD FA ELEVATOR 260841 3003249299 3313.6569 Maintenance Contracts Fire Buildings 125.00 PD ELEVATOR 260841 3003249299 3316.6569 Maintenance Contracts Police 185.00 CITY HALL ELEVATOR 260841 3003249299 3315.6569 Maintenance Contracts City Hall 250.00 CEDAR GROVE ELEVATOR 260841 3003249299 9116.6223 Building/Cleaning Supplies Cedar Grove Parking Garage 125.00 ECC ELEVATOR MAINTENANCE 260840 3003249306 6827.6569 Maintenance Contracts Building Maintenance 191627 6/9/2017 191628 6/9/2017 191629 6/9/2017 1,060.00 146840 TISOR, JEFF 99.99 JEFF TISOR CLOTHING ALLOWANCE 99.99 113124 TOLL GAS & WELDING SUPPLY 11.04 PARTS 11.04 100543 TOTAL CONTROL SYSTEMS INC 2,166.70 NTP SCADA 2,166.70 260839 052217 260842 40065947 260832 7936 6101.2115 Clothing Allowance Water -Administration 2244.6231 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 6147.6432 Utility System Repair -Labor North Plant Production R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation 191629 6/9/2017 City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 18 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 100543 TOTAL CONTROL SYSTEMS INC Continued... 191630 6/9/2017 149500 TOYOTA -LIFT OF MINNESOTA 33,995.00 FORKLIFT 191631 6/9/2017 191632 6/9/2017 191633 6/9/2017 191634 6/9/2017 191635 6/9/2017 191636 6/9/2017 191637 6/9/2017 33,995.00 100228 TWIN CITY GARAGE DOOR CO 95.00 GARAGE DOOR SUPPLIES 180.00 LABOR GARAGE DOOR SUPPLIES 275.00 450.00 450.00 900.00 100391 U S BANK GO HOUSING IMP BD 2012A GO EQUIP CERT 2012B 100232 UHL CO INC 1,892.17 SUPPLIES -CIVIC ARENA 1,892.17 100233 UNIFORMS UNLIMITED 154.99 M. RYAN -PATROL CLOTHING 154.99 100464 VALLEY -RICH COMPANY INC 6,600.00 WESTBURY STORM PIPE REPAIR 6,600.00 106.14 717.61 206.46 1,030.21 100236 VAN PAPER PAPER PRODUCTS. CLEANING SUPPLIES PAPER PRODUCTS 100912 VERIZON WIRELESS, BELLEVUE 35.01 DATA CARDS 35.01 DATA CARDS 35.01 DATA CARDS 35.01 DATA CARDS 35.01 DATA CARDS 35.01 DATA CARDS 260828 S0054417 6146.6640 Machinery/Equipment North Plant Building 260836 482991 260836 482991 260829 4649410 260830 4649411 260844 51402 260837 66262-1 260850 24147 260851 425282-00 260846 425734-00 260853 426433-00 260849 9786343546 260849 9786343546 260849 9786343546 260849 9786343546 260849 9786343546 260849 9786343546 6603.6233 Building Repair Supplies Building Repair & Maint. 6603.6535 Other Contractual Services Building Repair & Maint. 9461.6492 Paying Agent/Bond Destruction 2012 Coachman Oaks HIA-DS 9477.6492 Paying Agent/Bond Destruction 2012B Equipment Cert -DS 0301.6230 Repair/Maintenance Supplies -Ge IT -Gen & Admn 1104.6224 Clothing/Personal Equipment Patrolling/Traffic 6438.6432 Utility System Repair -Labor Storm Main Maintenance/Repair 6603.6223 3106.6223 6719.6223 0901.6355 1105.6212 2010.6355 0301.6355 0201.6355 3001.6355 Building/Cleaning Supplies Building/Cleaning Supplies Building/Cleaning Supplies Cellular Telephone Service Office Small Equipment Cellular Telephone Service Cellular Telephone Service Cellular Telephone Service Cellular Telephone Service Building Repair & Maint. Structure Care & Maintenance Building Maintenance Gen & Admin -Communications Investigation/Crime Prevention General Engineering IT -Gen & Admn General & Admn-Admn General/Admn-Recreation R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation PO # 191637 6/9/2017 100912 VERIZON WIRELESS, BELLEVUE 70.02 DATA CARDS 70.02 DATA CARDS 70.02 DATA CARDS 105.03 DATA CARDS 172.05 DATA CARDS 175.05 DATA CARDS 411.12 DATA CARDS 1,470.78 DATA CARDS 35.01 DATA CARDS 25.02 DATA CARDS 35.01 DATA CARDS 35.01 DATA CARDS 35.01 DATA CARDS 35.01 DATA CARDS 70.02 DATA CARDS 35.01 DATA CARDS 35.01 DATA CARDS 191638 6/9/2017 191639 6/9/2017 191640 6/9/2017 3,094.26 101798 VESSCO INC. 236.05 LMI REPAIR KIT STP 236.05 42.00 158.16 181.74 5,333.44 66.51 104.57 5,886.42 114534 VISTAR CORPORATION LUNCHABLES/MILK/ICE CREAM LUNCHABLES/MILK/ICE CREAM LUNCHABLES/MILK/ICE CREAM CHIPS/CANDY/FRIES/HOT DOGS CONCESSION RESALE CONCESSION RESALE 143309 VONBANK LAWN CARE 625.00 CONTRACT MOWING 625.00 191641 6/9/2017 139583 WENZEL PLUMBING 18,454.33 RPZ EYEWASH STATION 18,454.33 City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 19 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 Doc No Inv No Account No 260849 9786343546 0720.6355 260849 9786343546 3057.6220 260849 9786343546 3101.6355 260849 9786343546 3201.6355 260849 9786343546 2201.6355 260849 9786343546 0801.6355 260849 9786343546 1221.6230 260849 9786343546 1104.6349 260849 9786343546 9701.6355 260849 9786343546 6239.6352 260849 9786343546 6136.6355 260849 9786343546 6147.6355 260849 9786343546 6234.6355 260849 9786343546 6239.6408 260849 9786343546 6101.6355 260849 9786343546 6716.6355 260849 9786343546 6801.6355 260848 69639 260854 48646178 260854 48646178 260854 48646178 260852 48710465 260856 48761254 260855 48761267 260847 18360 260861 31102 6155.6230 6831.6855 6805.6855 6806.6855 6713.6855 6713.6855 6713.6855 3113.6535 6146.6427 Subledger Account Description Continued... Cellular Telephone Service Operating Supplies - General Cellular Telephone Service Cellular Telephone Service Cellular Telephone Service Cellular Telephone Service Repair/Maintenance Supplies -Ge Teleprocessing Equipment Cellular Telephone Service Telephone Circuits Cellular Telephone Service Cellular Telephone Service Cellular Telephone Service Electricity -Lift Stations Cellular Telephone Service Cellular Telephone Service Cellular Telephone Service Repair/Maintenance Supplies -Ge Merchandise for Resale Merchandise for Resale Merchandise for Resale Merchandise for Resale Merchandise for Resale Merchandise for Resale Other Contractual Services Building Operations/Repair-Lab Business Unit General Admin -Planning & Zonin Preschool Programs Playground Maintenance Administrative/General Gen/Adm-Streets General & Admn-Protective Insp Administration -Fire Patrolling/Traffic PEG -eligible Lift Station Maintenanc/Repair GIS - Utilities North Plant Production Utility Locates Lift Station Maintenanc/Repair Water -Administration General Administration General & Administrative South Plant Production Food and Beverage Birthday Parties Concessions Concessions Concessions Concessions Non -Park Turf Maintenance North Plant Building R55CKR2 LOGIS101 Check # Date 191642 6/9/2017 191643 6/9/2017 191644 6/9/2017 191645 6/9/2017 191646 6/9/2017 191647 6/9/2017 191648 6/9/2017 Amount Supplier / Explanation 141999 WERNER ELECTRIC SUPPLY 564.87 PARTS FOR STP POLY REBUILD 319.87 LED T8 NTP 99.82 LABEL FOR MAKER 100.17 ELECT. WIRING FOR STP POLY 182.45 PARTS FOR POLY MOTOR STP City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 20 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 PO # Doc No Inv No 1,267.18 260860 S9655030.001 260858 S9655030.002 260859 S9655030.003 260857 S9655030.004 260865 S9658506.001 144293 WHOLESALE ART & FRAMING LLC 314.00 FS1 HISTORIC PRINTS 260862 4649 314.00 101755 XCEL ENERGY 22.83 WELL #22 22.83 101755 XCEL ENERGY 152.48 CEDAR GROVE PKWY STREET LITES 152.48 101755 XCEL ENERGY 143.35 CEDAR GROVE BLVD STREET LITES 143.35 101755 XCEL ENERGY 124.12 NICOLS RD ELECT CABINET 124.12 101755 XCEL ENERGY 15.05 MONUMENTS LIGHTING 15.05 191649 6/9/2017 101755 XCEL ENERGY 3,199.82 CEDAR GROVE PARKING GARAGE 3,199.82 Account No 6155.6260 6146.6233 6146.6240 6154.6230 6155.6260 9354.6640 260866 51-0011688001-1 6148.6409 -052317 260867 51-0010060024-7 6301.6406 -052217 260868 51-0280165-0-05 6301.6406 2217 260869 51-0010197923-4 6301.6406 -052217 260870 51-0010165807-6 6301.6406 -052217 260871 51-0010548879-4 9116.6405 -052217 Subledger Account Description Continued... Utility System Parts/Supplies Building Repair Supplies Small Tools Repair/Maintenance Supplies -Ge Utility System Parts/Supplies Machinery/Equipment Electricity-Wells/Booster Stat Electricity -Street Lights Electricity -Street Lights Electricity -Street Lights Electricity -Street Lights Electricity Business Unit South Plant Production North Plant Building North Plant Building South Plant Building South Plant Production FIRE STATION 1 North Well Field Street Lighting Street Lighting Street Lighting Street Lighting Cedar Grove Parking Garage R55CKR2 LOGIS101 Check # Date 191649 6/9/2017 191650 6/9/2017 191651 6/9/2017 191652 6/9/2017 191653 6/9/2017 191654 6/9/2017 191655 6/9/2017 20170319 6/9/2017 Amount Supplier / Explanation 101755 XCEL ENERGY 101755 XCEL ENERGY 1,413.46 BURR OAKS LIFT STATION 1,413.46 101755 XCEL ENERGY 392.84 CENTRAL PKWY STREET LIGHTS 392.84 119221 XCEL ENERGY (R) 445.54 JUN 2017 ELECTRICITY 445.54 City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 21 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 PO # Doc No Inv No 102230 ZARNOTH BRUSH WORKS, INC. 880.00 PO 2017-0000027 880.00 100246 ZEP MFG CO 86.39 CLEANING SUPPLIES 86.39 100247 ZIEGLER INC 663.02 RO 454 UNIT 140 663.02 634,800.19 11,286.19 63,633.92 13,718.63 7,852.77 33,383.50 3,324.06 43,038.17 75,412.07 886,449.50 100693 EAGAN PAYROLL ACCT PAYROLL ENDING 5/27/17 PAYROLL ENDING 5/27/17 PAYROLL ENDING 5/27/17 PAYROLL ENDING 5/27/17 PAYROLL ENDING 5/27/17 PAYROLL ENDING 5/27/17 PAYROLL ENDING 5/27/17 PAYROLL ENDING 5/27/17 PAYROLL ENDING 5/27/17 Account No 260872 51.0011013079-4 6439.6408 -052417 260873 51-6563390-9-05 6301.6406 2417 260874 51-4403417-1-05 9695.6405 2317 260864 0165263 -IN 260875 9002834038 260863 SW100185612 260893 060117 260893 060117 260893 060117 260893 060117 260893 060117 260893 060117 260893 060117 260893 060117 260893 060117 9001.1415 6603.6223 9001.1415 9001.1115 9197.1115 9220.1115 9221.1115 9222.1115 9223.1115 9225.1115 9592.6144 9592.1115 Subledger Account Description Continued... Electricity -Lift Stations Electricity -Street Lights Electricity Inventory - Parts Building/Cleaning Supplies Inventory - Parts Claim on Cash Claim on Cash Claim on Cash Claim on Cash Claim on Cash Claim on Cash Claim on Cash FICA Claim on Cash Business Unit Lift Station Maintenanc/Repair Street Lighting Dakota Co Drug Task Force General Fund Building Repair & Maint. General Fund General Fund ETV Public Utilities Civic Arena Cascade Bay Central Park/Community Center Fiber Infrastructure Fund Benefit Accrual Benefit Accrual R55CKR2 LOGIS101 Check # Date Amount Supplier / Explanation City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Page - 22 Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 PO # Doc No Inv No Account No Subledger Account Description Business Unit 20172511 6/9/2017 115374 MN STATE RETIREMENT SYSTEM-HCSP Continued... 20,009.23 EMPLOYEE CONTRIBUTIONS 260885 060117 9592.2034 Ded Payable-HCSP Benefit Accrual 20,009.23 20173211 6/9/2017 138969 MN STATE RETIREMENT SYSTEM-MNDCP 8,851.61 EMPLOYEE CONTRIBUTIONS 260886 060117 9592.2032 Ded Pay - Great West Def Comp Benefit Accrual 8,851.61 20174211 6/9/2017 100892 ICMA RETIREMENT TRUST 37,010.40 EMPLOYEE CONTRIBUTIONS 260887 060117 9592.2031 Ded Pay -ICMA Benefit Accrual 37,010.40 20175105 6/9/2017 100283 BERKLEY ADMINISTRATORS 6,334.00 WCADMIN FEE 260888 060117 9593.6387 Worker's Comp - Administration Workers' Compensation Self -In 6,334.00 20175630 6/9/2017 147907 SELECT ACCOUNT 3,415.73 FLEX REIMBURSEMENT 260889 060117 9592.2215 Flex Plan Withholding Payable Benefit Accrual 3,415.73 20175631 6/9/2017 147907 SELECT ACCOUNT 125.00 J. PETERSON FOR JUNE 260890 060217 9592.6159 VEBA Benefit Accrual 125.00 20175632 6/9/2017 147907 SELECT ACCOUNT 5,956.00 FLEX REIMBURSEMENT 260891 060817 9592.2215 Flex Plan Withholding Payable Benefit Accrual 5,956.00 20178011 6/9/2017 100694 PUBLIC EMPLOYEE RETIREMENT 76.96 PAY PER 5/14/17-5/27/17 260892 434600-060217 9592.6146 PERA- DCP Benefit Accrual 37,058.85 PAY PER 5/14/17-5/27/17 260892 434600-060217 9592.6142 PERA- Coordinated Benefit Accrual 47,641.88 PAY PER 5/14/17-5/27/17 260892 434600-060217 9592.6143 PERA- Police Benefit Accrual 63,955.72 PAY PER 5/14/17-5/27/17 260892 434600-060217 9592.2013 Ded Payable - PERA Benefit Accrual 148,733.41 R55CKR2 LOGIS101 Check # Date 20170144 6/9/2017 20170145 6/9/2017 20170146 6/9/2017 20170147 6/9/2017 Amount Supplier / Explanation 100249 FIT 124,560.68 PAYROLL ENDING 5/27/17 124,560.68 City of Eagan 6/8/2017 17:11:06 Council Check Register by GL Council Check Register by Invoice & Summary 6/5/2017 -- 6/9/2017 PO # Doc No Inv No Account No 260894 060217 9880.2011 100250 COMMISIONER OF REVENUE -PAYROLL 32,833.50 PAYROLL ENDING 5/27/17 260895 060217 32,833.50 100252 FICA 31,660.43 PAYROLL ENDING 5/27/17 31, 660.43 100253 MEDICARE 11,377.74 PAYROLL ENDING 5/27/17 11, 377.74 9880.2012 260896 060217 9880.2014 260897 060217 9880.2015 Page - 23 Subledger Account Description Business Unit 2,097,417.96 Grand Total Payment Instrument Totals Checks Total Payments Ded Payable - FIT Ded Payable - SIT Ded Payable - FICA Ded Payable - Medicare 2,097,417.96 2,097,417.96 Payroll Payroll Payroll Payroll R55CKS2 LOGIS100 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Company Amount 09001 GENERAL FUND 705,159.18 09116 CEDAR GROVE PARKING GARAGE 3,449.82 09197 ETV 11,321.20 09220 PUBLIC UTILITIES 561,111.41 09221 CIVIC ARENA 24,682.70 09222 CASCADE BAY 34,046.21 09223 CENTRAL PARK /COMMUNITY CENTER 47,901.00 09225 FIBER INFRASTRUCTURE FUND 3,324.06 09328 PARK SYS DEV AND R&R 810.05 09334 CEDARVALE/HWY 13 TIF 19,867.05 09335 EQUIPMENT REVOLVING 7,951.87 09336 GENERAL FACILITIES RENEW & REP 15,374.00 09351 OLD TOWN HALL REPLACMT PROJECT 418.97 09354 FIRE STATION 1 2,772.00 09355 MAINTENANCE FACILITY EXPANSION 925.10 09372 REVOLVING SAF -CONSTRUCTION 77,335.09 09376 COMBINED UTILITY TRUNK FUND 200.00 09461 2012 Coachman Oaks HIA-DS 450.00 09477 2012B Equipment Cert - DS 450.00 09591 RISK MANAGEMENT 6,023.73 09592 BENEFIT ACCRUAL 356,420.78 09593 WORKERS' COMPENSATION SELF -INS 6,334.00 09695 DAK CO DRUG TASK FORCE 10,657.39 09880 PAYROLL 200,432.35 Report Totals 2,097,417.96 City of Eagan 6/8/2017 17:11:35 Council Check Summary Page - 1 6/5/2017 - 6/9/2017 Agenda Information Memo June 20, 2017, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contracts listed below. Facts: ➢ The contracts listed below are in order for Council approval. Following approval, the contracts will be electronically executed by the Mayor and City Clerk. Contracts to be approved: ➢ Amendment to Preliminary Planned Development Agreement with Eagan Heights LLC for Lot 1, Block 1, Boulder Lakes 3rd Addition ➢ Amendment to Preliminary Planned Development Agreement and Final Planned Development Agreement with Eagan Heights, LLC for Lot 2, Block 1, Boulder Lakes ➢ Amendment to Planned Development Agreement with Advantage Equities 10544 LLC for Outlot A, Eagandale Office Park 6th Addition ➢ Amendment to Encroachment Agreement with Central Park Commons, LLC for Lots 1 and 2, Block 1, Central Park Commons ➢ Contract with Ancom Communications, Inc. for maintenance of outdoor warning sirens Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo June 20, 2017, Eagan City Council Meeting CONSENT AGENDA E. Approve a resolution to accept donations from Michelle Redmond, the Eagan Citizens Crime Prevention Association and the Eagan Athletic Association Action To Be Considered: To approve a resolution to accept donations from Michelle Redmond, the Eagan Citizens Crime Prevention Association and the Eagan Athletic Association Facts: > State Statute requires the Mayor and City Council to accept donations to the City via a resolution. > The City has received the following donations: o 2,400 rounds of ammunition from Michelle Redmond for use by the Police Department o $10,000 from the Eagan Citizens Crime Prevention Association, which is the first payment of a total of $32,000 for the purchase of a vehicle for the Police Department's Enhanced Patrol Unit o $10,000 from the Eagan Athletic Association for baseball field renovations at Goat Hill Park Attachments: (1) CE -1 Resolution RESOLUTION NO. CITY OF EAGAN Accept Donations from Michelle Redmond, the Eagan Citizens Crime Prevention Association and the Eagan Athletic Association WHERAS, the City of Eagan is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefits of its citizens, and is specifically authorized to accept gifts; and WHEREAS, the following persons and entities have offered to contribute the following donations set forth below to the City: Name of Donor Donation Purpose Michelle Redmond 2,400 rounds of ammunition Use by the Police Department Eagan Citizens Crime $10,000 Purchase of an Enhanced Prevention Association Patrol Unit vehicle Eagan Athletic Association $10,000 Goat Hill Park baseball field renovations WHEREAS, all such donations have been contributed to the City for the benefit of its citizens, as allowed by law; and WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby accepts the donations described above. CITY OF EAGAN CITY COUNCIL By: Attest: Motion by: Seconded by: Those in favor: Those against: Date: June 20, 2017 Its Mayor Its Clerk CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of June, 2017. City Clerk Agenda Information Memo June 20, 2017, Eagan City Council Meeting CONSENT AGENDA F. Approve Resolution Approving Special Law regarding National Football League on -sale liquor licensing. Action To Be Considered: To approve a resolution approving Special Law regarding National Football League on - sale liquor licensing. Facts: ➢ During the 2017 legislative session, the State passed a Special Law that allows the City of Eagan to issue an on -sale liquor license to the owner of the National Football League sports facility and to any concessionaire operator or third -party vendor under contract with the owner. The on -sale liquor license would authorize the sale of alcohol to persons attending events at the Minnesota Vikings training facility, stadium and adjacent outdoor areas. ➢ For the legislation to take effect, the City Council must approve it via resolution. ➢ After the Special Law is approved, an ordinance amendment will be necessary. Additional information about the ordinance amendment will be brought to a future City Council meeting. • Once an ordinance amendment is approved, a liquor license application can be submitted and considered for approval by Council. Attachments: (1) CF -1 Resolution RESOLUTION APPROVING SPECIAL LAW Regarding National Football League: On -Sale Liquor WHEREAS, a special law related to on -sale liquor licensing was passed for the City of Eagan during the 2017 1st Special Legislative Session in Chapter 4, Article 5, Section 15, which reads as follows: Sec. 15. NATIONAL FOOTBALL LEAGUE TRAINING SITE: ON -SALE LICENSES. Notwithstanding Minnesota Statutes, section 340A.404, subdivision 1, or any other law or local ordinance to the contrary, the city of Eagan may issue an on -sale intoxicating liquor license to the owner of a National Football League sports facility located on property in the city of Eagan in Dakota County, legally described as Lot 1, Block 1, Viking Lakes, and to any concessionaire operator or third -party vendor under contract with the owner. The license authorizes the sale of intoxicating liquor to persons attending any and all events on Lots 1 and 2, Block 1, Viking Lakes, that are in conjunction with activities on Lot 1. The license may be issued for a space that is not compact and contiguous, provided that the licensed premises shall only be the space described in the approved license. The license authorizes sales on all days of the week. All provisions of Minnesota Statutes, chapter 340A, not inconsistent with this section, apply to the license under this section. EFFECTIVE DATE. This section is effective upon approval by the Eagan City Council and compliance with Minnesota Statutes, section 645.021. ("Special Legislation"); and WHEREAS, pursuant to Minnesota Statutes, Section 645.021, the Special Legislation shall not be effective without approval by resolution adopted by a majority vote of all members of the city council; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan, Dakota County, Minnesota, that the Special Legislation is hereby approved in accordance with Minnesota Statutes, Section 645.021. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Clerk file with the secretary of state the certificate stating the essential facts to valid approval, with a copy of this Resolution. ADOPTED this 20th day of June, 2017. Mike Maguire, Mayor ATTEST: Christina M. Scipioni, City Clerk Agenda Information Memo June 20, 2017, Eagan City Council Meeting CONSENT AGENDA G. Approve a Temporary On -Sale Liquor License and waive the license fee for St. John Neumann Catholic Church on August 5 and 6, 2017 at 4030 Pilot Knob Road. Action To Be Considered: To approve a temporary on -sale liquor license and waive the license fee for St. John Neumann Catholic Church on August 5 and 6, 2017 at 4030 Pilot Knob Road. Facts: ➢ St. John Neumann Catholic Church has requested a temporary on -sale liquor license be issued to them for their annual Parish Picnic on August 5 and 6, 2017. The event will be held on the Church grounds, located at 4030 Pilot Knob Road. ➢ St. John Neumann Catholic Church has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety — Alcohol and Gambling Enforcement Division for final approval. Attachments: (0) Agenda Information Memo June 20, 2017, Eagan City Council Meeting CONSENT AGENDA H. Approve a Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School's Septemberfest on September 15-17, 2017 at 3355 Columbia Drive. Action To Be Considered: To approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School's Septemberfest on September 15-17, 2017 at 3355 Columbia Drive. Facts: ➢ Faithful Shepherd Catholic School has requested a temporary on -sale liquor license be issued to them for their annual Septemberfest on September 15-17, 2017. The event will be held on the grounds of Faithful Shepherd Catholic School, located at 3355 Columbia Drive. The event is a fundraiser for the school. ➢ Faithful Shepherd Catholic School has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety—Alcohol and Gambling Enforcement Division for final approval. Attachments: (0) Agenda Information Memo June 20, 2017 Eagan City Council Meeting CONSENT AGENDA I. Approve resolution adopting and authorizing implementation of the performance measures developed by the Council on Local Results and Innovation Action to be Considered: To approve a resolution adopting and authorizing implementation of the performance measures developed by the Council on Local Results and Innovation. Facts: ➢ In 2010, the State Legislature enacted legislation calling for the Council on Local Results and Innovation (CLRI) to establish a standard set of performance measures for cities. ➢ The performance measures are intended to aid residents, taxpayers, and state and local elected officials in determining the efficacy of cities in providing services. ➢ The CLRI established these performance measurements and solicits voluntary participation each year through the Office of the State Auditor. To participate, the City must annually approve a resolution adopting the measures. ➢ In addition to the results generated from participation, benefits to participating cities include remuneration of $0.14 per capita and exemption from levy limits. ➢ Sufficient flexibility exists to allow a city to participate on both a cost-effective and activity -specific basis. ➢ The City Council has participated in the program since 2011, passing similar resolutions each year. The required community survey was completed via the web site in conjunction with the League of Minnesota Cities. ➢ The City receives approximately $9,000 per year for participating in the program. Attachments: (2) • CI -1 Resolution • CI -2 2016 Online Survey Results CITY OF EAGAN RESOLUTION NO. 17 - RESOLUTION APPROVING PERFORMANCE MEASURES WHEREAS, the State Legislature created the Council on Local Results and Innovation; and WHEREAS, Eagan has implemented a local performance measurement system as developed by the Council on Local Results and Innovation; and WHEREAS, Eagan surveys its residents every other calendar year on services included in the performance benchmarks; and WHEREAS, the Council on Local Results and Innovation released a standard set of performance measures for counties and cities that will aid residents, taxpayers and state and local elected officials in determining the efficacy of counties and cities in providing services and measure residents' opinions of those services; and WHEREAS, cities and counties that choose to participate in the new performance measurement program may be eligible for a reimbursement from Local Government Aid and exemption from levy limits NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan does hereby approve the following Performance Measures and will publish the results of the Performance Measures before the end of the calendar year. Performance Indicator General Citizen survey - quality of services Citizen survey - overall appearance Percent change in the taxable property market value Police Citizen survey rating safety or ...Part I and II crime rates Police response times Fire Citizen survey - quality of services or ISO rating Fire response times Streets Citizen survey - quality of road conditions or... Average pavement condition rating. Citizen survey - quality of snow plowing Water Citizen survey - quality and dependability Operating cost per million gallons Sanitary sewer Citizen survey - quality and dependability Number of sewer blockages Parks and Recreation Citizen survey - quality of services APPROVED by the City Council of the City of Eagan, Minnesota, this 20th day of June 2017. CITY OF EAGAN By: Mike Maguire, Mayor ATTEST: City Clerk 2016 Performance Indicators www.cityofeagan.com 7.016 -performance -indicators The Council on Local Results and Innovation, in concert with the Minnesota Legislature and the Office of the State Auditor has created a series of local performance indicators residents can use to monitor city performance. The Eagan City Council has embraced these indicators and adopted a resolution regarding the performance indicators to be measured and posted for the public each year. So how are we doing? Below are some of the results of the survey reflecting the most recent specific performance indicators established in the voluntary statewide program: General Performance Percent change in taxable property market value Increase of 3.5% from 2016 to 2017 How would you rate the overall appearance of the city? Excellent 41% Fair 4% Good 55% 1/7 How would you rate the overall quality of services provided by the city? Public Safety Police Response Times Excellent 36% Poor 2% Fair 4% Good 58% Response time to priority 1, emergency calls: 5.87 minutes in 2015 Response time to priority 2, non -emergency calls: 8.17 minutes in 2015 Response time to priority 3, routine calls: 12.70 minutes in 2015 The information entails calls for service managed by through the Dakota Communications Center. The times do not reflect calls for service initiated by staff in the field Fire Response Times Average staffed response time: 5 min 22 seconds in 2015 Average non -staffed: 8 min 52 seconds in 2015 Insurance Service Organization 3 in 2016 (ISO) Rating 2/7 How would you rate the overall quality of fire protection services in the city? Excellent 54% Pavement & Street Condition Fair 2% Poor 1% Average Pavement Condition Rating 82 (on scale of 100) in 2016 How would you rate the overall condition of the city streets? Poor 1% Fair 11% Excellent 21% Good 43% Good 67% 3/7 How would you rate the overall quality of snowplowing on city streets? Water Utilities & Sanitary Sewer Water quality Water Operating Cost Per Thousand Gallons How would you rate the dependability of the city water supply? Excellent 29% Poor 4% Fair 14% No contaminants were detected at levels that violated federal drinking water standards. However, some contaminants were detected in trace amounts that were below legal limits. See: Water Quality Report $1.70 in 2015 Excellent 60% Good 53% 4/7 How would you rate the overall quality of the city water supply? Excellent 35% Poor 7% Fair 16% Good 42% Dependability 3 main line (City) sewer backups and 11 service line (private) sewer backups in 2015 How would you rate the dependability of the city sanitary sewer service? Excellent 58% Good 38% 5/7 How would you rate the overall quality of the city sanitary sewer service? Excellent 33% Parks and Recreation How would you rate the overall quality of city recreational programs? Fair 8% Excellent 60% Good 59% Good 34% Fair 5% Poor 1% 6/7 How would you rate the overall quality of city recreational facilities? Excellent 36% Fair 12% Good 52% 7/7 Agenda Information Memo June 20, 2017, Eagan City Council Meeting CONSENT AGENDA: J. Adopt A Proclamation Recognizing August 1, 2017, As "National Night Out" In Eagan. Action To Be Considered: Adopt a proclamation recognizing August 1, 2017, as National Night Out in Eagan. Facts: Y Tuesday, August 1, 2017, is the 34th annual National Night Out celebration. National Night Out is sponsored by National Association of Town Watch (NATW). The City of Eagan has participated in National Night Out since 1998 (19 years). ➢ Participation has grown every year in Eagan. As of June, 15, there are 148 registered neighborhoods who will participate in the celebration. Police and Fire units will visit these gatherings. • Eagan residents are asked to join millions of their fellow citizens across the United States in this celebration of Community, Crime Prevention and strong police/community partnerships. • Strong neighborhoods are essential to public safety and homeland security. From 5:30 to 9:30 p.m., residents are encouraged to lock their doors, turn on outside lights and spend the evening outside with their neighbors. y For questions or more information, please contact the Eagan Police Department Crime Prevention Unit at 651-675-5727. Attachments: (1) CJ -1 Proclamation CITY OF EAGAN PROCLAMATION NATIONAL NIGHT OUT 2017 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide, crime, drug and violence prevention program on August 1st, 2017, called "National Night Out"; and WHEREAS, the "34th Annual National Night Out" provides a unique opportunity for Eagan to join forces with thousands of other communities across the country in promoting cooperative, police -community crime prevention efforts; and WHEREAS, the Eagan Police Department plays a vital role in crime, drug and violence prevention efforts and is supporting "National Night Out 2017" locally; and WHEREAS, it is essential that all citizens of Eagan be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Eagan; and WHEREAS, police -community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby call upon all citizens of Eagan to join with the City of Eagan and the National Association of Town Watch in supporting "34th Annual National Night Out" on August 1st, 2017. BE IT FURTHER RESOLVED that the Mayor and Council do hereby proclaim Tuesday, August 1st, 2017 as "National Night Out" in the City of Eagan. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk CERTIFICATION I, Christina Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this , 2017. Christina Scipioni, City Clerk Agenda Information Memo June 20, 2017 Eagan City Council Meeting CONSENT AGENDA K. Contract 16-19, Central Maintenance Facility Renovation Brine Production System Final Payment Action To Be Considered: Approve the final payment for Contract 16-19 (Central Maintenance Facility Improvements — Brine Production System) and authorize the Mayor and City Clerk to execute all related documents. Facts: Contract 16-19 provides for the brine production system, a specialty item for winter maintenance/ice control material production, that was cost effectively separated from the remainder of the Central Maintenance Facility renovation improvements. ➢ These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo June 20, 2017 Eagan City Council Meeting CONSENT AGENDA L. Dakota County - Yankee Doodle Road (CSAH 28) Right -of -Way Map #272 Easement Vacation Action To Be Considered: Receive a petition to vacate public drainage and utility easement per Dakota County - Yankee Doodle Road (CSAH 28) Right -of -Way Map #272, and schedule a public hearing to be held on July 18, 2017. Facts: On May 31, 2017, City staff received a petition from Marlon Danner, the owner of property along the south side of Yankee Doodle Road at the border with Inver Grove Heights, in east -central Eagan. The petition requests the vacation of existing drainage and utility easements on the property (PID 101200077020). The petition to vacate public easements has been submitted for Council consideration to schedule a public hearing on July 18, 2017. The easements were acquired by the Dakota County Transportation Department, in conjunction with right-of-way acquisition, with the extension of Yankee Doodle Road (CSAH 28) in 2003, with due compensation to the property owner. ➢ The purpose of the request is to remove a portion of the easement no longer necessary for public purposes. • All necessary replacement public drainage and utility easements on the property will be re -dedicated as part of a new plat, at no cost to the City. ➢ Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. Attachments (2) CL -1 Location Map CL -2 Legal Description Graphics City of Evan Map of Location for Proposed Easement Vacation Dakota County - Yankee Doodle Rd. Right of Way Map No. 272 Prepared by• City of Eagan GIS -TMS File. L•\USERIENGINEERITSTRID\EASEMENT VACATIONS\DC ROW Map 272.pdf Dater 6/12/2017 FIG. 2 Con 15 GC H i =nviiDU iFA . 50 PARK 'TFnviTivN a- z�rnn v ^. lD-I 0g2 _ a t3J- -n 0 0 0 N� G m 2:s f. r 0 0 ET E.' ';'T- n0m 0 m a3a° ,- N o ao 0 n o :A -22 o '4 ., v m O N O 0 �c O `.a "� z J.O N N In O y va = ND 0 0 o n O O T 3 a 3 Q rt O, a N C7 A ^ a ..2.‘4-.,- v"ino3 a.,o. o a o f 9 a O O n N O S N D n �n G'J 3m Days m aye oma o m a 2 n 'o = o_ no I' n:o u� G o o n u .g OOo D m0 ox 05 v' m mm. 0 c m < mi m 0 J J .. L T A 0 o J 0 o w aq' X 'S o = w a a D O m, =*, a t'. m y^ yo jr. 2<5‘:`-m _ S J > ^. a � N v -p z 0 rt m C7 C7 0 lig 7t DRAINAGE AND UTILITY _ EASEMENT PER DAKOTA o COUNTY ROAD RIGHT OF WAY MAP N0. 272 ,A 0 C_7 8 (a\/02J 310004 33>1Nv,k) 77 0 C7 7:1 0 C7 150 PI* NEERengineering Ma ENGINEERS IANO MANNERS 1408 SURVEYORS LANDSCAPE. ARCmIECrS (651) 681-1914 Fax: 681-9488 www.pio ereng.cam 2422 Enterprise Drive Mendota Heights, MN 55120 Cal File: 117030-SKETC11.dwg Folder#: 8059 Description Sketch for: Drawn by: TSS Danner Inc. BURR OAK BUSiNES PARK I 0� C7 yiJC]]x rl 7>`C 9 ]: Agenda Information Memo June 20, 2017 Eagan City Council Meeting CONSENT AGENDA M. Telecommunications Lease Amendment Agreement Verizon Wireless Action To Be Considered: Approve an amendment to the telecommunication lease agreement with Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, for upgrades on the Sperry Tower site and authorize the Mayor and Deputy City Clerk to execute all related documents. Facts: Y The City has received an application from Verizon Wireless (VAW) LLC d/b/a Verizon Wireless for upgrades to the wireless communication system antennas on the Sperry Tower site, located at 1420 Towerview Road in Eagan. > The amendment has been reviewed by the City's Engineering Consultant, Radio Communication Consultant, City Attorney's Office, and Public Works Department personnel and found to be consistent with other past lease agreements and in order for favorable Council consideration. Attachments (1) CM -1 Amendment to Lease Agreement Market: Minnesota Tenant's Cell Site Name: MIN Yankee Landlord's Cell Site Name: Sperry Communication Tower FOURTH AMENDMENT TO LEASE AGREEMENT THIS FOURTH AMENDMENT TO LEASE AGREEMENT ("Fourth Amendment"), dated as of the latter of the signature dates below ("Effective Date"), is by and between the City of Eagan, a Minnesota municipal corporation, ("Landlord") and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, a Delaware limited liability company ("Tenant"). Recitals A. Landlord and Tenant entered into a Lease Agreement which was subsequently amended on three prior occasions (collectively the "Lease"). Pursuant to the Lease Landlord leased to Tenant those certain premises described on Exhibit B ("Premises") commonly referred to as Sperry Water Tower, therein described, that are a portion of the Property located at 1420C Towerview Road, City of Eagan, County of Dakota, State of Minnesota. B. Landlord has removed the Sperry Water Tower structure and installed a new communication tower ("Sperry Communication Tower") to be used for Tenant's antennas and the antennas of other telecommunications providers. C. Landlord and Tenant desire to amend certain provisions of the Lease as expressly set forth in this Fourth Amendment. Agreement IN CONSIDERATION of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. LEASE OF PREMISES. The Lease is amended to allow Tenant to remove, replace and install such additional equipment as specifically set forth on Exhibit B-1 attached hereto and incorporated herein ("Additional Equipment") on the Sperry Communications Tower. The Additional Equipment set forth on Exhibit B- 1 shall be constructed and installed in accordance with the plans and specifications as set forth on Exhibit B-1 and in accordance with the rules and regulations of Landlord and state and local laws and building codes. Except as set forth on Exhibit B-1, Tenant shall not be allowed to make any other additions or replacements of the Additional Equipment or any other equipment or Antenna Facilities without Landlord's prior written consent. Nothing contained in this Fourth Amendment shall be deemed a waiver of any provision(s) in the Lease that requires Tenant to obtain Landlord's consent for any improvements or changes to Tenant's equipment in the future. If Tenant occupies any other portion of ground space located at the Property or any other space on the Sperry Communication Tower, other than as expressly shown on Exhibit B-1 Tenant shall be in material default under the terms of the Lease and this Fourth Amendment and shall reimburse Landlord for all attorneys' fees, court costs, unpaid rent for any portion of the Property so occupied and all other costs and expenses incurred by Landlord as a result of Tenant's unauthorized occupancy. 2. LEASED PREMISES. The Lease, including any and all prior amendments thereto, is hereby amended to replace all references to Reservoir with Sperry Communication Tower as defined in this Fourth Amendment. Any references in the Lease and any prior amendments referencing Reservoir, water tower or other similar language shall now be construed as referring to the Sperry Communication Tower. Tenant's Site Plan shall be deemed amended as shown on Exhibit B-1 and Tenant's antennas shall be located on the Sperry Communication Tower in the location specified in Exhibit B-1. All references to maintenance and other repairs to the Reservoir or water tower shall now be deemed to be a reference to the Sperry Communication Tower. In the event that any of the panels located in front of Tenant's antennas become damaged or need repair, Tenant reimburse Landlord for the costs of repairing or replacing any such panels. Tenant's Cell Site Name: MIN Yankee Landlord's Cell Site Name: Sperry Communication Tower Fourth Amendment To Lease Agreement 3. CONSTRUCTION STANDARDS. All work to be performed by Tenant and its contractors, agents, and employees shall be done in a good and workmanlike manner and of a first class quality and in accordance with the plans and specifications set forth on Exhibit B-1. Tenant shall not be permitted in any material way to vary its construction from the plans and specifications set forth on Exhibit B-1 without Landlord's prior written consent. Tenant shall timely pay for all work to be performed upon the Property and shall not allow a lien to attach to the Property. Tenant shall defend, indemnify and hold harmless Landlord from any and all costs, charges, liens, suits, actions, and expenses including but not limited to attorneys' fees and court costs, (collectively, "Costs"), arising out of or related to: (1) Tenant's negligence or misconduct in the installation, use, operation, maintenance and presence of the Additional Equipment, Tenant's Antenna Facilities or any other equipment of Tenant or its agents, contractors or assigns, except to the extent such Costs are caused by the negligence or willful misconduct of Landlord; and (2) Tenant's, or tenant's agent's, contractor's or employee's entry or presence upon the Premises; (3) any default by Tenant under the Lease and any amendments thereto. Tenant shall not be required to indemnify Landlord from Landlord's negligence or willful misconduct. The terms and conditions of this paragraph shall survive the expiration or earlier termination of the Lease. 4. NEW CABLE VAULT/CONDUIT. Landlord has constructed and installed a pvc pipe conduit bank and a conduit vault on the Property ("Conduit"). Tenant shall use Landlord's the Conduit for tenant's underground cables to be installed from Tenant's ground facilities to the Sperry Communication Tower. Landlord's cost for Conduit shall be divided equally among all of the tenants of the Sperry Communication Tower and Tenant shall pay for its portion of the costs of the Conduit within sixty (60) days after the execution of this Fourth Amendment. Failure by Tenant to reimburse Landlord for the cost of the Conduit as set forth herein shall be deemed a material default under the Lease and the unpaid sum shall bear interest and late fees in the amounts set forth in the Lease and any amendments thereto. Tenant shall also be responsible for any and all costs incurred by Landlord in connection with the use, operation, maintenance, changes, and upgrades of the Conduit. Tenant shall further be responsible for any damages caused to the Conduit caused directly or indirectly by Tenant, its agents or employees. Upon termination or expiration of the Lease, Tenant shall remove all of Tenant's wires, cables and any other equipment installed on the Property or in the Conduit. The terms of this paragraph shall survive the expiration or earlier termination of the Lease. 5. COSTS. Tenant shall reimburse Landlord for all of Landlord's costs and expenses including but not limited to, attorneys' fees, third party consultant fees, staff administrative time, and any other fees and costs incurred by Landlord in connection with the preparation and negotiation of this Fourth Amendment and any other future amendments of the Lease (collectively, "Landlord Expenses"). Tenant shall pay all Landlord. Expenses within thirty (30) days after Landlord submits an invoice to Tenant for the Landlord Expenses. If Tenant fails to pay any the Landlord Expenses or any other sums owed to Landlord under the Lease or any other future amendments thereto, within thirty (30) days after Landlord submits such invoice to Tenant, Tenant shall pay to Landlord interest on such sums at the rate of fifteen percent (15%) per annum ("Interest") plus a late fee (to cover Landlord's administrative expenses with such late payment) of Two Hundred and 00/100 Dollars ($200.00) per month ("Late Fee") until all sums owed to Landlord have been paid in full. In addition to the Interest and Late Fee Tenant shall also be responsible for any attorney's fees, administrative expenses, collection costs and any other sums incurred by Landlord if Tenant fails to timely pay all sums owed to Landlord pursuant to the Lease, this Fourth Amendment and any other amendments to the Lease. Any failure to timely pay any sums owed within the applicable time periods set forth in this Fourth Amendment, the Lease or any other amendments to the Lease shall be a material default under the Lease. The terms of this paragraph shall survive the expiration or earlier termination of the Lease. 6, FAILURE TO REMOVE IMPROVEMENTS. Upon termination of the Lease for any reason, Tenant shall remove its Antenna Facilities (including all Additional Equipment) from the Property on or before the date of termination, and shall repair any damage to the Property caused by such equipment, normal wear and tear, and casualty excepted; all at Tenant's sole cost and expense, whether removed by Tenant or Landlord. Any such personal property or facilities which are not removed on or before the date this Lease terminates shall, at Landlord's option, be deemed abandoned and become the property of Landlord. In the event Tenant leaves any personal property, equipment or any portion of its Antenna Facilities on the Property without Landlord's written consent, Tenant shall reimburse Landlord for the cost of removing and disposing of or storing the same, including but not limited to all costs and expenses associated with Landlord's administrative time in removing the personal property. Tenant shall be responsible for paying Base Rent and all other sums owed under this Lease until such time that Landlord or Tenant has removed the Antenna Facilities from the Property. In the event Landlord attempts to collect Tenant's Cell Site Name: MIN Yankee Landlord's Cell Site Name: Sperry Communication Tower Fourth Amendment To Lease Agreement on any unpaid sums'owed by Tenant under the Lease or this Fourth Amendment or Landlord brings any other action to enforce the terms of the Lease, as amended, including, but not limited to, Tenant's removal of its Antenna Facilities, Tenant shall be responsible for all costs of collection including, but not limited to, attorneys' fees, court costs, and expert witness fees whether or not Landlord files suit against Tenant and all costs of Landlord's administrative time and expense. The terms of this Section shall survive the termination or other expiration of this Lease. 7. OTHER TERMS AND CONDITIONS REMAIN. In the event of any conflict between the terms of the Lease, including any prior amendments, and this Fourth Amendment, the terms of this Fourth Amendment shall control; except as expressly set forth in this Fourth Amendment, the Lease shall remain otherwise unmodified and remain in full force and effect. Each reference in the Lease and the Fourth Amendment to themselves shall be deemed also to refer to this Fourth Amendment. 8. INDEMNIFICATION. Tenant agrees to indemnify, defend and hold Landlord harmless from any and all claims, costs, penalties, fines, lawsuits, demands, and expenses, including attorney's fees and court costs, arising out of or related to (1) any negligence or misconduct in any entry upon the Property by Tenants agents, contractors, and employees, except to the extent caused by the negligence or willful misconduct of Landlord; (2) the presence of Tenant's Antenna Facilities, the Additional Equipment or any other equipment or personal property of Tenant upon Landlord's Property; (3) any default by Tenant under the Lease, as amended. The indemnification provisions contained in the Fourth Amendment shall be construed as additional indemnification obligations of Tenant and shall not be construed in any way to limit or eliminate any of the indemnification provisions of Tenant contained in the Lease. Tenant shall not be required to indemnify Landlord from Landlord's negligence or willful misconduct. All indemnification obligations of Tenant as set forth in the Lease and this Fourth Amendment and any other amendments of the Lease shall survive the termination or expiration of the Lease. 9. LIMITATION OF LANDLORD'S LIABILITY. Landlord's liability for damages to Tenant under the Lease and this Amendment shall be limited to the actual and direct costs of equipment removal and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. The terms of this paragraph shall survive the termination or expiration of the Lease. 10. CROSS -DEFAULT. In the event that Tenant or any permitted assignee of Tenant defaults under any of its obligations under the terms of the Lease, this Fourth Amendment or any other amendments of the Lease, Tenant shall, at Landlord's option, be in default under all other leases or other site agreements with Landlord, including but not limited to leases of any other property owned by Landlord. If Landlord elects to exercise its right of cross -default as provided above, Tenant shall be in default under any and all other leases or other site agreements with Landlord until such time that Tenant has, to Landlord's satisfaction, cured the defaults under any and all other leases and agreements with Landlord. 11. AS-BUILTS AND PUNCHLIST MATTERS. Tenant shall complete construction and installation of the Additional Improvements within sixty (60) days after execution of this Fourth Amendment. Within twenty (20) days after Tenant completes the construction and installation of the Additional Imnprovements, Tenant shall provide Landlord with "As -Built" drawings in paper and electronic format as required by Landlord and which is compatible with Landlord's existing file systems ("As-Builts"). Tenant shall also complete all punch -list items ("Punch List") within twenty (20) days after Landlord or Landlord's contractors provides the Punch List to Tenant or Tenant's contractors. In the event that Tenant fails to provide the As-Builts or complete the Punch -List items within the time period set forth above, Tenant shall pay a daily fee to Landlord of $100 per day for each day that Tenant has not completed its obligations as set forth in the paragraph until such time as Tenant completes its obligations set forth herein. 12. SURVIVAL OF OBLIGATIONS. All of Tenant's indemnification obligations and obligations to pay rent, fees and other sumps owed to Landlord under the Lease and any amendments to the Lease shall survive the expiration or earlier termination of the Lease. 13. AFFIRMATION OF LEASE. Except as set forth herein, all terms and conditions of the Lease and any prior amendments shall remain in full force and effect. Tenant's Cell Site Name: MIN Yankee Landlord's Cell Site Name: Sperry Communication Tower Fourth Amendment To Lease Agreement 14. COUNTERPARTS. This Fourth Amendment may be executed in duplicate counterparts, each of which will be deemed an original. 15, AUTHORITY. Each person signing this Fourth Amendment represents and warrants that he or she has the right, power and legal capacity to enter into this Fourth Amendment and that such signature will bind the party for who such signor signs this Fourth Amendment. 16. CONFLICT. In the event of a conflict between any terms contained this Fourth Amendment and the Lease, the terms of this Fourth Amendment shall control. 17. CAPITALIZED TERMS. All capitalized terms used but not defined herein shall have the same meanings as defined in the Lease. 18. NOTICES. Tenant's notice addresses in the Lease are deleted in their entirety and replaced with the following: If to Tenant: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate 19. . RECORDING. Tenant shall not record this Fourth Amendment or the Lease or any further amendments to the Lease without the prior written consent of Landlord. 20. CONSTRUCTION. Landlord and Tenant agree that each of them has participated in the drafting of the Lease, including any prior amendments, and this Fourth Amendment (collectively the "Agreement") and that the Agreement shall not be construed against the party that drafted it. Both Landlord and. Tenant acknowledge and agree that any Court interpreting the Agreement shall not construe any portion of the Agreement in favor of or against Landlord or Tenant based upon any rule of law or construction that would construe the Agreement against the party that drafted it. [The remainder of this page has been intentionally left blank. Signature page to follow.] Tenant's Cell Site Name: MIN Yankee Landlord's Cell Site Name: Sperry Communication Tower Fourth Amendment To Lease Agreement IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute this Fourth Amendment on the dates set forth below. Agreed as to form: City Attorney's Office Tenant's Cell Site Name: MIN Yankee Landlord's Cell Site Name: Sperry Communication Tower Fourth Amendment To Lease Agreement LANDLORD: City of Eagan, a Minnesota municipal Corporation By: Print Name: Mike Maguire Title: Mayor Date: By: Print Name: Christina M. Scipioni Title: City Clerk Date: TENANT: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, a Delaware limited liability company By: Print '+ am Its: ames ' . r actin Director • Network Field Engineering Date: 6 "``'/ EXHIBIT B-1 Site Plan and Additional Equipment See Attached Drawings Tenant's Cell Site Name: MIN Yankee Landlord's Cell Site Name: Sperry Communication Tower Fourth Amendment To Lease Agreement SHEET INDEX 2 8 6 8 Adg 2 Ph gni ISSUE SUMMARY 8 8 e W . 0 ❑ W W i3 O a DEPARTMENTAL APPROVALS O y 0� A ❑ 6 d >Ww SITE DIRECTIONS tllili E 111►11 1 ,n S 1 g II ii.iLdhI l :; JOB 1Ls.E 8 t 111111 OJ idt A 2 50i 0 WI O w o w Z PR rc 1- �i P -pun -------; n_nun ---_-_ iTi u o? w 3 Q d. N� C4 OP 2 o oo3 ❑ uzi 88x6 0 ❑ ❑ 4 K 4 K IEB }11 0 11 11 v is dHg4 qww r 0 z Pe w w 5 Z >- 6 0 8 5 1 1 1 1 1 1 A 2 8 A }N e p 5 W ow g6 �8 0 U Hth d 8 k o t !Walt !tbE Ii Ii 111 111 8 8 EE As 1 8 66 # 88 001 J I I I � I vg 1 1 wf 0. 9 tt 1 1 1 7 88 t - 1 g Hyl ,-jI1 1VhWn 11 66 WW a l l l 1 11 1 1 8 1 1 RIS E g g 1711 66 5w g II 8 I I I 1 111 I 11111 1 1 1 1 1 1 11 R 6 8 88 S' 8 8 I ^ I r ' 66 1 1 gW 8 1 2 1 1 1 I 8 8 11111 8 6 b 111 1 1 1 b 1 1 1 1 1 bill 11I b I 1 1 1 1 b 1 11 1 1 b11 6111 b 4 I b 14 I Ib I I 1 I b 1 1 1 4Ib 1 4 I 4 1 4 I I b 1 1 1 4 1 111 I 1 4I b 14 I 1 1 I 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 I I 11111 I 1 1 1 1 1 1 1 1 1 1 0 8 8 I 1 I 88d 11 88�r' ,-88 4 g1 8888 I 1 I I I 1 I I 111144 8 e 611 1 1 1 MUIPAO 1 1 1 Run b b b b b b IArq 8848 5 8 I I 1 1 m 1 s 8 ^ 1 1 1 1 1 j l 44 �i r�nNS�iA kkkkkk Mn 8 1 I 1 1 I 1 208 1 kkk k'i k 5 888 I I I 11 m l l l l 1 1 i *44 has 48688 III 444444 448844 rnn 44888 5 8 1 1, 1 1 flgva MnR 1 m I 1 8 8 nzt- w Z ‹0 Zw W W HP m 2 0 0 CO 0 O� z 0 Cd ceO C N 6 2. 0 0w 52 z Z� } tt PROPOSED MOUNTING DE g PR g gPn 1 N n v Agenda Information Memo June 20, 2017 Eagan City Council Meeting CONSENT AGENDA N. County Project 31-91 Pilot Knob Road Request for Extension of Working Hours Action To Be Considered: Authorize a variance to the Construction Activity Noise Regulations to extend construction activity to 24 hours per day, on June 22 and June 23, to McNamara Contracting, Inc. for the mill and overlay of Pilot Knob Road (CSAH 31), from Wescott Road to Yankee Doodle Road. Facts: ➢ The Dakota County Transportation Department has contracted with McNamara Contracting, Inc. for the mill and overlay of Pilot Knob Road (CSAH 31), from Cliff Road to Yankee Doodle Road, in central Eagan. The City of Eagan is participating financially in the improvements through a joint powers agreement with the County. ➢ Section 10.37 of the City Code prohibits construction activity or the use of tools and equipment for construction activity between the hours of 10:00 p.m. and 7:00 a.m. within the City. ➢ On June 6, 2017, City staff received a revised request from McNamara, Inc., the contractor for Dakota County, requesting that their crews be allowed to work 24 -hours - per -day, including the night-time hours, on both June 22 and June 23. The overnight work will be limited to the predominantly commercial property areas, from Crestridge Drive, across I -35E, to Yankee Doodle Road. ➢ The purpose of the request is to limit the impact of the construction activity upon the traveling public and adjacent properties. ➢ The City Council has approved numerous similar contractor requests to reduce the impact of the construction activity on the traveling public and adjacent properties, and to help ensure the project is completed efficiently and safely. Attachments (1) CN -1 Contractor's Request Letter Art. istara Coreir+ tilir'Des Inc• June 6, 2017 Mr. Lane Wegener Re: CP 31-91 Pilot Knob Road. Lane, We are tentatively scheduling the mill and overlay portion of this project for the week of June 19`h As part of this work, we would like to schedule the work on the northern end of this project to be done at night. The area I am concerned about is from Wescott Road to Yankee Doodle Road. Due to the high volume of traffic during the daytime from the retail area as well as the 35E Interchange, we feel this could be done more efficiently and safely during the overnight hours when the volume of traffic would be less. The nights we are thinking of scheduling would be June 22nd and 23`d. Please forward this information to the appropriate parties and contact me with any questions or concerns. Thank you, Gary N. Otte Project Manager 16700 Chippendale Avenue • Rosemount, Minnesota 55068 Office (651) 322-5500 • Fax (651) 322-5550 • Plant (651) 322-3939 Agenda Information Memo June 20, 2017 Eagan City Council Meeting CONSENT AGENDA O. Water Meter Surcharge Refund Action To Be Considered: Approve the recommendation of the Public Works Committee regarding an appeal to a water meter surcharge. Facts: On May 15, 2012, the City Council adopted an amendment to City Ordinance 3.05 regarding the Rules and Regulations relating to Municipal Utilities that requires all properties connected to the municipal water utility to permit the city's designated utility employee onto the property and within the structure for purposes of the inspection, repair or replacement of the water meter. Part of the amendment incorporated fee schedules that provided surcharges be placed against utility billing accounts for those properties that didn't permit or schedule an inspection or water meter replacement within the prescribed time frame upon written notice by the City. The Surcharge Fee is $150 per month for Single Family properties and $500 per month for all others. ➢ As with the Inflow & Infiltration Inspection Program, staff has received surcharge appeals with the water meter repair/replacement program. In anticipation of such appeals, the Council directed the Public Works Committee to review any appeals and provide their recommendation back to the Council under the Consent Agenda. Staff has recently heard from one of these properties who want to appeal their remaining surcharge. At the June 6, 2017 Public Works Committee meeting, the Committee addressed the following surcharge appeal with the corresponding recommendation for the Council's action. As a result of their review, the appeal is recommended to be granted with the related surcharge waived. o Patrick Thorsteinson, 1767 Hickory Hill Drive — Remove $150 surcharge (utility account) Attachments (0) Agenda Information Memo June 20, 2017, Eagan City Council Meeting CONSENT AGENDA P. Direct preparation of an ordinance amendment to City Code regarding zoning regulation of special events, sound amplification permits and special event permits Actions To Be Considered: Direct staff to work with the City attorney to prepare an ordinance amendment to the City Code regarding zoning regulation of special events, sound amplification permits and special event permits. Facts: > Feedback from Eagan Forward highlighted the desire for more opportunities for community social and cultural interactions. > While the City's Parks and Recreation Department programs many activities and events, the City Council has also encouraged privately organized entertainment and cultural events. > Following Council direction, City staff reviewed the existing City Code to identify sections where additional flexibility could encourage privately organized entertainment and cultural events, and presented options for greater flexibility to the City Council at a work session on June 13, 2017. > At the work session, the City Council directed staff to proceed with drafting an ordinance amendment for future Council consideration. > Additional information will be provided when the ordinance amendment is before Council for consideration. Issues: None Attachments: (none) Agenda Information Memo June 20, 2017 Eagan City Council Meeting CONSENT AGENDA Q. Cost -Share, Operation and Maintenance Agreement 1347 Chatterton Road Action To Be Considered: Approve a Cost Share, Operation and Maintenance Agreement with the Steve and Mary Melcher (1347 Chatterton Road) to help implement a Wetland and Upland Buffer Project at City Pond JP -35 through the Water Quality Cost -Share Partnership Program and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On December 4, 2012, the City Council approved a Water Quality Cost -Share Partnership Program (Program), the purposes of which are to: 1) improve water quality in downstream public waterbodies; 2) reduce stormwater runoff into the storm sewer system and public waterbodies; 3) preserve, protect and enhance native plant communities around public waterbodies; and 4) educate and engage the public on the value of improving public water resources, and to develop empowerment and partnership opportunities. ➢ The Program is funded from the stormwater utility fund and is being administered by Water Resources staff according to City Council priorities as designated in approved capital improvement programs, lake management plans, and development agreements. The Program is provided up to $50,000 annually in the 2017-2021 Public Works Department's Capital Improvement Program. ➢ Steve and Mary Melcher will engage a specialized contractor to prepare, plant, and establish a wetland buffer at City Pond JP -35, on approximately 3,025 square feet of the parcel and along approximately 80 linear feet of wetland edge, to protect wetland and upland soils from erosion, reduce stormwater runoff and nutrient impacts to City Pond JP - 35 and enhance native plant communities. ➢ The property owners will be responsible for long-term maintenance of the site for a minimum of the next 10 years. The wetland buffer project will serve as a demonstration area that is will be viewable by neighboring wetland property owners for effective Wetland Buffer/Vegetation Management practices. ➢ The project should be substantially completed by the end of 2017 at a total estimated cost of approximately $8,800. An estimated cost -share of $6,600 (75% of project costs) from the City will be matched by approximately $2,200 of funding (25% of project costs) from the Melchers's. Attachments (1) CQ -1 Cost -Share, Operation and Maintenance Agreement CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM COST SHARE, OPERATION AND MAINTENANCE AGREEMENT This Cost Share, Operation and Maintenance Agreement ("Agreement") is made this day of , 2017, by and between Stephen A. Melcher and Mary S. Melcher, husband and wife (the "Owners"), and the City of Eagan, a Minnesota municipal corporation (the "City"), (collectively the "Parties"). WHEREAS, the Owners are the fee title holder of real property located at 1347 Chatterton Road, Eagan, Minnesota, and legally described as follows: Lot 14, Block 1, CHATTERTON PONDS, Dakota County, Minnesota (the "Property"); WHEREAS, the Owners desire to perform a water quality improvement project (the "Project") to install Shoreland and Upland Buffer Protection (the "Improvements"), as depicted on and in accordance with the proposal attached hereto as Exhibits A & B and incorporated herein (the Exhibits will be referred to as the "Plans and Specifications"); WHEREAS, the Owners have submitted an application for assistance with the Project under the City's Water Quality Cost Share Partnership Program (the "Program"); WHEREAS, the City finds that the Project will serve a public purpose by supporting one or more of the following public water resource priorities: a. improving water quality in downstream public waters; b. reducing stormwater runoff into the public storm -sewer system and public waters; c. preserving, protecting and enhancing native plant communities around public waters; and d. educating and engaging the public on the value of improving public water resources, and empowerment and partnership opportunities; WHEREAS, the City finds that the Owners and the proposed Project meet the eligibility requirements for participation in the Program; and 1 WHEREAS, the City agrees to provide the Owners with certain financial and technical assistance for the Project through the Program, subject to the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and obligations of the Parties hereinafter set forth, the Parties agree as follows: 1. Plans and Specifications. a. Owners' Responsibility. The Owners shall be responsible for development of the plans/design, specifications and itemized cost estimate for the Improvements (the "Plans and Specifications"). b. City Review. The Owners shall submit the Plans and Specifications to the City for review and written approval by the City Engineer or his designee prior to installation of the Improvements. Notwithstanding the foregoing, the Owners shall be solely responsible to determine the adequacy of the Plans and Specifications and to comply with all applicable laws and regulations, and the City shall have no liability for the Plans and Specifications or the Improvements. c. Modification of Plans and Specifications. Any modification to the approved Plans and Specifications must be approved in writing by the City Engineer or his designee. 2. Installation. a. Standards. The Improvements shall be installed in accordance with the approved Plans and Specifications. b. Labor and Materials. The Owners shall select, obtain and pay for all labor and materials for the Project, consistent with the Plans and Specifications, subject to partial reimbursement as provided in this Agreement. c. Photographs. The Owners shall take photographs to document the Project. d. Time for Completion. The Project must be completed within one year from the date of execution of this Agreement, unless an extension has been requested and granted by amendment of this Agreement. e. Report. Within 30 days after completion of the Project, the Owners shall submit to the City Engineer or his designee a project completion report in a form required by the City (including supporting photographs). 2 3. Reimbursement. a. Reimbursement Request. After the Improvements are completed and approved by the City Engineer or his designee, the Owners shall submit to the City Engineer or his designee a written request for reimbursement including (i) a detailed itemization of costs, (ii) original receipts or paid invoices and (iii) itemization and documentation of the Owners' Match as defined below (collectively the "Reimbursement Request"). b. Reimbursement Amount. The City shall reimburse the Owners pursuant to the Reimbursement Request for up to $6,600.00 for eligible Project costs, and not to exceed seventy-five percent (75 %) of total Project costs. c. Reimbursement Schedule. The City shall issue reimbursement to the Owners within thirty (30) days of receipt of a completed Reimbursement Request. d. Eligible Costs. All Project costs will be reviewed and verified by the City Engineer or his designee as eligible, practical and reasonable. The City reserves the right to make adjustments to the Project costs submitted for reimbursement based on this review. Subject to the foregoing, the following Project costs are eligible for reimbursement: i. Materials for the Improvements. ii. Contracted labor costs for site preparation, installation and establishment period (2 years maximum period post -installation) of the Improvements. iii. Contracted design / engineering fees, and soil -analysis, but only if approved in writing by the City Engineer or his designee before contracted design / engineering / soil -analysis work begins. e. Ineligible Expenses. i. Notwithstanding any provision of this Agreement to the contrary, purely aesthetic components of the Improvements are not eligible for reimbursement and shall not be considered part of the Project costs. ii. Funding will only cover work performed after this Agreement has been signed, with the exception of pre -project planning / design / engineering costs that may be allowed to be included, determined on a case-by-case basis, if pre -approved in writing by the City Engineer or his designee. f. Owners' Match. i. The Owners shall be responsible for a minimum of twenty-five percent (25 %) of Project costs, which can include in-kind labor value. 3 4. Maintenance. a. Maintenance Obligation. For a period of ten (10) years commencing on the date the Improvements are completed and approved by the City Engineer or his designee, the Owners shall maintain and repair, when necessary, the Improvements in accordance with the Plans and Specifications. b. Maintenance Costs. The Owners shall be solely responsible for all costs associated with long-term maintenance and repairs of the Improvements. 5. Inspections and Reports. a. Annual Inspections. The Improvements shall be inspected annually, between May 15 and October 15, by a Qualified Person selected by the Owners to determine whether or not the Improvements are functioning in accordance with the Plans, Specifications and this Agreement. As used in this Agreement, the term "Qualified Person" shall mean a person approved by the City Engineer based on shoreland and upland buffer best management practice training and experience. City Water Resources staff are considered Qualified Persons, with no fee to Owners. If choosing to use an independent Qualified Person, the Owners' responsibilities under this Section shall be at the Owners' sole cost and expense. If, as a result of the inspection, the Improvements are determined not to be functioning in accordance with the Plans and Specifications and this Agreement, the Owners shall restore/repair the Improvements to function as specified herein. b. City Notification and Independent Inspection. The City shall be notified at least 24 hours prior to independent annual inspections or any significant maintenance of the Improvements and, at the sole cost of the City, a representative of the City may observe any inspection or maintenance. The City shall have right of entry onto the Property to inspect the Improvements at any time to evaluate the installation and maintenance of the Improvements. c. Inspection and Maintenance Report. If using an independent Qualified Person, the Owners shall submit a report to the City Engineer or his designee by e-mail or mail, no later than thirty (30) days after any annual inspection and/or maintenance of the Improvements, providing the following information: i. Date and time of inspection. ii. Log of findings. iii. Date and time of maintenance. iv. Details of maintenance performed. v. Photographic documentation. 6. Standards for Performance. Any act of construction, installation, maintenance, or repair to be performed under this Agreement shall be performed in a good and 4 workmanlike manner pursuant to sound engineering practices and in compliance with all applicable governmental requirements. 7. Right of Entry. The City, its agents and employees shall have the right to enter the Property to inspect and to implement the terms of this Agreement. The City, its agents and employees shall not be subject to or liable for any claims of trespass in connection with such entry. 8. Indenmification. The Owners shall indemnify and hold the City and its City Council members, officers, employees, agents, representatives, attorneys, successors and assigns, harmless from any and all claims arising out of or related to (i) the installation, use, maintenance, repair, removal, damage or destruction of the Improvements, (ii) injury to the Owners or any third party caused by or related to the Improvements, and (iii) damage to real property or personal property of the Owners or any third party caused by or related to the Improvements. 9. Amendment, Release or Termination. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council, or successor body. The Owners, on behalf of themselves and their successors and assigns, expressly acknowledge and agree that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, may withhold or delay consent for any reason or no reason whatsoever, and may condition consent upon such terms as the City deems desirable. The Owners, on behalf of themselves and their successors and assigns, further agree and covenant, consistent with this acknowledgment, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation by that party of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution or other format approved by the City Attorney. 10. Remedies for Default. a. Termination. If the Owners fail to perform the Owners' obligations as and when required under this Agreement (a "Default"), and fails to cure such Default within thirty (30) days after the City gives written notice to the Owner specifying the Default, subject to such extension as may be reasonably necessary due to weather conditions, then the City may terminate this Agreement by written notice to the Owners. b. Repayment. Upon termination of this Agreement, the City Engineer or his designee shall determine the amount, if any, by which the reimbursement to the Owners for Project costs under this Agreement exceeded the public benefit 5 received by the City from the Project (the "Overage"). The Owners shall repay the Overage to the City within thirty (30) days after receipt of an invoice from the City describing the calculation and the amount of the Overage. If the Owners fail to timely repay such funds, the Owners shall be responsible for the City's attorneys' fees and costs enforcing this Agreement, including costs of collection. c. Force Majeure. Notwithstanding the foregoing, the Owners shall not be liable for repayment of funds received under this Agreement if the failure was caused by reasons proven to be beyond the Owners' control. 11. Duration. This Agreement shall be for a term of ten (10) years and shall constitute a covenant running with the land and shall be binding upon and inure to the benefit of the Parties, and any and all of their successors and assigns. 12. Recording Agreement. The City will record this Agreement against the Property with the Dakota County Recorder's Office within thirty (30) days of full execution of this Agreement, and shall provide the Owners with verification of this recording. 13. Governing Law; Venue. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. Any dispute regarding this Agreement shall be venued in the State of Minnesota District Court in Dakota County. Owners' (or Representative's) Contact Information for Long -Term Inspection/Maintenance: Owners: Stephen A. Melcher 1347 Chatterton Road Eagan, MN 55123 Mary S. Melcher 1347 Chatterton Road Eagan, MN 55123 Telephone: 612-405-2405 Email: melcher.stephen@gmail.com IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of the date first listed above. [Signature pages follow] 6 CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM COST SHARE, OPERATION AND MAINTENANCE AGREEMENT OWNERS: Stephen A. Melcher 7 Signature Page of Owners Mary S.tMelcher 0 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of r , 2017, by Stephen A. Melcher and Mary S. Melcher, husband and wife. n e, ti GREGG ALAN THOMPSON ' r NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2021 7 CITY OF EAGAN WATER QUALITY COST SHARE PARTNERSHIP PROGRAM COST SHARE, OPERATION AND MAINTENANCE AGREEMENT Signature Page of City CITY: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: City Clerk STATE OF MINNESOTA ) COUNTY OF DAKOTA ) ss. The foregoing was acknowledged before me this day of , 2017, by Mike Maguire and Christina M. Scipioni, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. THIS INSTRUMENT WAS DRAFTED BY: Notary Public Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-4768) 8 L 0 Restoration Proposa O CC c N O Lo t Lo L CD -c', N Z U L a)Uc 2N C 2�w June 7, 2017 0) 0 0 0 W c 0 N O U O rn c V CC c (n 0 O �(J) -N—c 176 2 I— . co -a cu coo CD co O ca = ra N p CDOaZcoo a a L D000 —� • v o D FD1 O CD. �v 0 o D- • m 0 0 o 0 CO CT). •co rn 5 n COCDh 3 CD CD h F) D m ° C13 0 cD 73 0 °CCDc v CD CI) o CD CD ° '° -a 3 c Q , 0 CD -0 CDD CD c O z -c O O CD �°. co vCT ° �, Ci) n. °o a5. o Q o co cn ,� Z cv p C) c a) ° (Do Q (D (D C C ti �' co �V -o Q m CD CD 0 v w O 0 CDSn O O O CD` O O �< CD rf O CD co C CD0 3 (n 0) 0)^� (r O p• (n a) O o o �' 0 O ° n c0 O CD C2 O 5 0 5 O cn a) v p O 0 .� O O CD ' O c S to `< CD C "° CD n.f n 0 = < Q ; T � C^D 0 C J D \ V I"`1 v = C° C ,c CD 0) CD < O Q c co p * O. < - — CD CD O p 3 X 0 Q < C) CD ° Q K n - p > —4 v o CD " 0 1. 3 v (D O CD -° c O73 SD Q0 73 03 oa 'O < Cn W N 5 CD 7 Q 0 O — O co — 'p �' Q < (0 * tll co 0 CD ) CD 3 E. sv CD °� CSD O nCD � 0_ CD 0 �C_ 5 -s :Jeg3laJ aW aeaa 10" 1 “L -4()Z -z 19 Project Summary 1. Dimensions: Emergent (325 SF), Transitional (500 SF), Upland (2,200 SF) U a) O -o L Q co c- 0 U a) a) O C ca N 0 a) E O 4 co Q i) Q a) -o Q) 65 -o a) U C a) E Q Q) 0 Q co C a) E co a) O co a) 0) N 0 2 "E) C a) N c0 a) a) J-+ O U) U a) •O Q 4— O O a) U (0 U a) m co L O L 8 a) U O L a) C .O E optimal micro -habitats and flourish. However, project plan drawings can certainly be provide at an additional cost upon client request. 3. Delineate and verify total restoration project area. species will be used around the buffer edges closest to the turf. Natural Shore Technologies will apply the treatment. Cut and remove remaining weedy material. 7. Apply a 3" layer of shredded hardwood mulch over the project site, above the normal water level. L 0 O L coco a) Q a0 a) a) ui co a) Q co Q a) co co co cci restoration. .c a) (0 O (0 • 10 0) U co co L O- U a) E a) c > — O •3 2 U a) �+ 2 U (0 • U O U E 2 • 'D -o O (0 N c0 L (o • Q. a) a) U ▪ O >, co 4-, (0 - 0 Q ctsQ O L co in a + L Q 1• 5 c0 -Q c a) Q a) > t0 (0 � - E normal water level. ekT ce_04-17) 10. Plant emergent plants at 2-3' centers and install goose fencing in front of the plants. 9E) 0 a) Q E O a) 2 4— (0 a) >, N O a) O a) a) c0 a) (0 Q O Q (0 co a) a) .Q .L a) tq o ir) o a Q n a, C Oa 3 v( CD 5. 3 o O — ° si)c CSD CD 5. �• m (D n CD 0 e''F 0 m (D 0 co = v o 5'-a ° "0 v O �. (D "CD u)3.o Q- = C� 0 2 °cn 0 0 Da - n (D 0 CD a 0) O7< n. v D (D En h N. co 7 (0 0 th c° ,c 0 m 3 �' r, -s 0 G CO. m c (D � o an Da Q 0 m 7 0O Q ccn co S D pa 74 O O— p Q r11 co - Q_ "a 0 o CD v 0 ago �? 7O co al (p a w D •r.m 3 o Melcher Restoration Project *Note we do offer long-term maintenance contracts. Over 90% of our clients use that service. �. CSD 74: y. 3 =,; Z 0 CO 0 CD Q c (D 0 0) O c O = - 0_ Q _(OD C O f—D � (D O 5' T n 0-0 SCD 0 n N c0 W '51 12 -0 4" Q Q. o 0 c 0 0 5. (1) 0 0 c 0- (/) (i) -a p D waP O 13 O• (D (D0 — co m 7 m 3 c O (. CI) 0 r a 0 En -el te O -Op O O � O N O O P O O 007(;10° uMopleaJ9 }so3 e &..4m41-) o Cr (D m Q (moi cn (�D Q m U a -a C CD (D u a) c5. Q v o Q- 3 O O a 0) (n CD 3 Do CSD _0 �. C. (' O 0 0 O o O O CSD O (1) 3 O O. Q c .+ (D CD Ov 7 (OD 10 (7• 7)• 0) ,o 4- a CO Cn Our company has over 50 years of combined ecological restoration experience. We are a local company that focuses on quality ecological restoration in the Metro area. Our clients vary from private estates on Lake Minnetonka, to large corporate headquarters in Eden Prairie. We also work with many city and county governments and watershed management organizations. We are fully insured. Our specialty is Lakeshore and wetland restoration. We have restored many miles of Lakeshore in Minnesota, more than any other company. Please see our portfolio for examples of our restoration projects that include; shorelines, wetlands, prairies, savannas, and rain gardens. 0 0 0 0 shore-technolo www.blurb.com/books/6034090-natur Please see our project photo book at: h \_V . L 2 0 N w . NM0 0 s c) H G) s CO z We have commercial and retail greenhouses in Maple Plain. Our plants are Minnesota native perennials that will flourish year after year. Utilizing our own plant material in our projects assure quality control. Our wetland and prairie plants are guaranteed to establish during the first growing season. Perennial plants put most of their energy into establishing root c a) 0 4— a) 0 U) a) a) 2 L a) .% E a) 2 L D) 9- 0 L c a) a) ro L E 0_ a) 0. 0 first year, but significantly more flowering during the second year of establishment. www.naturalshore.com Information about our retail native plant greenhouses located in Maple Plain is also available at: &KO Melcher Restoration Project Melcher Restoration Project (D (T 0 0 - v (D (n 0_ CA — CD 00 O = (D (OOD CD 7 co < (CD On 0 O ^ v C2 Da C co o X CD �+ C CD co coC iUID c �--F /� `V O o --� Fn. 3 Cv 3 0CP CO < cin n •J = — o m 0 o ., Q- - h 0 ET m co con CD .+ v — (D O O O o 5 c o v 3 (n `< (D O 00 O- Cp (p (C o "O CD (D —I CD i..CD n (1) 0) : V) 0 C O_ R. Cp -� 0 O o 3 (D o o CD CD 0 0 0 Ca CD v `� D O 0 0 0 0 C C(i) CD ^ 0) a - v m a Q c o CO (D �. v a *-0 can o - 0 0 cn v �. 0 (D ... — ID (O (D (D 0 03 0 m n cn *. cn' c o m- m cn _ - (D a 5 CD 0 (O 3 3 O 0 Cep CO -0 a v cn o(n 0 v 0 X" CD° Q- O COn 5' o m ov+ - c cnoa co. cn n ."-, D 0 0 cn 0- cn n) r c v ca (D cD cD CD co cn I. 53 74: m o o a° 0) (7). 0 0 (D n) o (p _ 5. -, c h 0 O_ = co 0 cn 0 �' m n (D O .� -1 CO 0 3 -O c (D Cp C 0 0 G) cD w v -0 r0. 0 cn = v v cn it') '' cl m = , o ,<O c = 0CL m C al c0 3 0 (p cn _ m 0 h 0 0 o C CO Q- cD c Cn 0 c 0 0 0 0 v 0 0 5' o g o -s o m (n a 0 C CO ((DD 0 C c -0 CD : C cr CD o v v)' v m- (D CD O. O 0) 0 COn 0 (DD 3 O co o(0 o v o m C-13 0 0. 0 (D c = 5. 8 ° m m st CD 7 o m CD 0 O (D 0 (n 5r -F 0) CD 5 n) n) O 0_ 3 W )v (o CD CD (0 c v Fa 0 CD CD (n c 0 0 CD (n - c, CD (n v 0 F' 3 (D 0 0 0 c (D 0 0 0 (0 3' a) m cn0 u) 0 0 74 make it through the first growing season will be replaced at no charge to the client. E V (44 mr) z ED N (<D c7 v -0 0 IT in ...< 0 i 0) -' v CD m �' Cr) O n) — (D 3 ` ^ ^` W coc n) a 0 v m z CD CL CD- o o CD CDCn o c o (o 5 CD- C Cp Q' U) CO O 5 CD O. -,, 0 CD CCD 3 5. * (D 5• (n (0 CO CD v (n 0 D D 0 a v v CD v' 0 a 0 CD CP 0 0 ee;ueaeno A down payment of $2,188.36 is required to schedule your project. The remainder of the project cost is due at project completion. Please note that this proposal is valid for 30 days from the date on this Contract. If you would like to proceed with the above outlined project, please sign the contract below. Contract Value: $8,753.45 Project Name: Melcher Restoration Client name: Mr. Melcher Contractor: Natural Shore Technologies, Inc. Contract Date: H OO L (1) (a Uj Z �0) •- o TD -0 w o c o cv+- CO o a� co _o cr) _ in 'S in (Gz)t-vt) U N .0) O 0) o t • 73 CO U Q LC) I- Q- o 2 LO 'c� v co ID_ d N a co N (6 Z cot Please return a signed copy of this contract and a check to: Melcher Restoration Project ry (cc. t -sr) Vd 3 0 rCSrt- CS aOM'v1©140A0459 Agenda Information Memo June 20, 2017 Eagan City Council Meeting CONSENT AGENDA R. Contract 17-14, Citywide Traffic Signal & Street Light Painting Change Order Action To Be Considered: Approve Change Order No. 1 to Contract 17-14 (Citywide Traffic signal & Street Light Painting) and authorize the Mayor and Deputy City Clerk to execute all related documents. Facts: Contract 17-14 provides for the reconditioning and painting of City -owned traffic signals located at the following intersections: o TH 55 and Eagandale Boulevard o TH 3 and Red Pine Lane Y Contract 17-14 also provides for the reconditioning and painting of 131 city -owned streetlight poles in the Central Area which were recently retrofitted with LED light fixtures. The proposed revision as part of Change Order No. 1 modifies the type of paint to be installed on the street light poles. • Change Order No. 1 provides a decreased cost of $1,310.00 (5.0% of original contract) to the contract. ➢ The costs associated with this Change Order have been reviewed by Public Works Staff and determined to be acceptable. Attachments (1) CR -1 Change Order City of Evan CONTRACT #: 17-14 CHANGE ORDER #: 1 PROJECT #: n/a DATE: June 6, 2017 PROJECT NAME: City Owned & Maintained Traffic Signal & Street Light Painting PROJECT DESCRIPTION This project provides for painting of certain City -owned and maintained traffic signals and street lights. CONTRACTOR: OLS Restoration, Inc. 8820 Monticello Lane N. Maple Grove, MN 55369 DESCRIPTION OF CHANGE ORDER WORK: Item #1- Paint (94) 35' fiberglass street light poles with 2 coats Shercryl paint. Item #2- Paint (37) 12-15' fiberglass street light poles with 2 coats Shercryl paint. JUSTIFICATION FOR/PURPOSE OF CHANGE ORDER: Item #1- Change in material type. Paint materials specified are based on proven performance for this type of application as recommended by Engineer's Protective Coatings Specialist. Item #2- Change in material type. Paint materials specified are based on proven performance for this type of application as recommended by Engineer's Protective Coatings Specialist. DESCRIPTION OF WORK ITEMS: ITEM UNIT QTY UNIT PRICE DOLLAR AMOUNT Decrease Item #1- Paint 35' fiberglass poles Each 94 ($ 10.00) ($ 940.00) Item #2- Paint 12-15' poles Each 37 ($ 10.00) ($ 370.00) TOTAL DECREASE CHANGE ORDER NO. 1 AMOUNT ($1,310.00) CONTRACT STATUS Original Contract: Change Order: TIME/COMPLETION DATE June 30, 2017 June 30, 2017 Subtotal of Previous Change Orders: This Change Order: New Subtotal of All Change Orders: Revise Contract: Percent Increase or Decrease for this Change Order to Original Contract Amount: Percent Increase or Decrease for Total of All Change Orders to Original Contract Amount: RECOMMENDED FOR APPROVAL: By: Project Manager By: City Department Manager DISTRIBUTION 1 - City 2 - Contractor (5.0%) (5.0%) AMOUNT $ 26,330.00 ($ 1,310.00) $ 0.00 ($ 1,310.00) ($ 1,310.00) $ 25,020.00 By: Contractor Date: Agenda Information Memo June 20, 2017, Eagan City Council Meeting CONSENT AGENDA S. Approve a modification to Condition 38 of the Preliminary Planned Development and Phase I Final Planned Development Conditions of Approval for the Viking Lakes development Actions To Be Considered: To approve a modification to Condition 38 of the Preliminary Planned Development and Phase I Final Planned Development Conditions of Approval for the Viking Lakes development to extend the deadline for the completion of a conference center feasibility study to September 8, 2017. Facts: ➢ The City Council has approved the Preliminary Planned Development and Phase I Final Planned Development for the Viking Lakes multi -use development located at 2700 Lone Oak Parkway in the north 1/2 of Section 1, generally lying south of 1- 494 and east of Highway 149. ➢ The Conditions of Approval include Condition 38 which prohibits residential development north of Vikings Parkway until the developer commences construction of a conference center hotel on the property. The Condition also requires the completion of a feasibility study by April 1, 2017. ➢ The City, the Eagan Convention and Visitors' Bureau, and the developer continue to collaborate on the feasibility study, and additional time is required for its completion. ➢ The City Council is requested to modify Condition 38 to extend the deadline for completion of the conference center hotel feasibility study to September 8, 2017. Issues: None Attachments: (2) CS -1 Location Map CS -2 Existing Condition 38 Amu r MI In ?1___Y'thr. tap, as 4ftflp AININIIIIiii WO111111.111,11 Location Map `11 -� sip vir-__ --- .....„ -44,01 pe 8 % Project Name: Viking Lakes Request: Modification of PD Conditions Case No: �� j ;: Subject my PD Area co 9k IIIP/ = 749 W a • U Y YQ _ B. i U tiF o11 -- W „4 , ipiem ;ii MONNE-M Dootlle Rtl ILYankee IOyRdI -7., <, `oi3Oq. ,, ,,,,, vr ,:: --IOWA a ,... - d'E5efffff— Legend • ■ Buildings selection ' Parcels co oe II 7-RUr� a 0 Buildings rr,- �.. Eagan Boundary -..Li...\ Parks All IIIII N vo en 11W * j 1 I f 1 Feet � � a – �L��'� 0 500 1,000 2,000 Condition 38 Viking Lakes Preliminary Planned Development and Phase I Final Development Developer may not commence construction of any residential units on any land located North of Northwest Parkway until Developer commences construction of a conference center hotel on the Property containing at least 100 guest rooms, 10,000 square feet of event space, 10 breakout/conference rooms, a ballroom with capacity for at least 500 people and a full service sit-down restaurant ("Conference Center Hotel"). Developer shall cooperate with the City of Eagan's Convention and Visitor's Bureau to develop the scope of and undertake a feasibility study examining the market and financial feasibility, without subsidy, of each of, and the combined, hotel and conference center components of the Conference Center Hotel on or before April 1, 2017 and report quarterly, until three years have passed from the issuance of a Certificate of Occupancy for the Vikings' Headquarters facility, as to Developer's efforts and progress toward constructing a Conference Center Hotel. If the feasibility study demonstrates that development of the Conference Center Hotel is not feasible, in any respect, this condition is waived. In any event, this condition automatically expires on April 1, 2023. Agenda Information Memo June 20, 2017, Eagan City Council Meeting CONSENT AGENDA T. Direct preparation of an ordinance amendment to City Code regarding the alcohol licensing definition of a restaurant and outdoor dining fencing requirements Action To Be Considered: To direct preparation of an ordinance amendment to City Code regarding the alcohol licensing definition of a restaurant and outdoor dining fencing requirements. Facts: ➢ At the June 13, 2017 Special City Council Meeting, it was the consensus of the Council to direct preparation of an ordinance amendment to make the City's eligibility requirements for on -sale alcohol licenses issued to restaurants consistent with State Statute. ➢ Also at the June 13, 2017 Special City Council Meeting, it was the consensus of the Council to amend City Code to remove the fencing requirement from outdoor dining areas with on -sale alcohol. ➢ The proposed changes in alcohol licensing regulations will require changes to City Code Chapter 5 and Chapter 11. Changes to City Code Chapter 11 require a public hearing before the Planning Commission. ➢ Additional information will be provided when the ordinance amendment is before Council for consideration. Attachments: (0) Agenda Information Memo June 20, 2017, Eagan City Council Meeting CONSENT AGENDA U. To approve Dakota County Joint Powers Agreement for Cost Sharing of the aerial photography for 2017-2018 Action To Be Considered: U. To approve Dakota County Joint Powers Agreement for Cost Sharing of the aerial photography for 2017-2018. Facts: ➢ This agreement is similar to previous agreements that we have had in place with the County since 2005. ➢ The two-year total cost for the project is $124,087 or $62,043.50 per year. Eagan's shared cost for 2017-2018 will be $3,412, and increase of about $600 from 2016. ➢ Delivery of this pictometry is expected late summer and imagery will be online through Pictometry Connect. Attachments: (1) CU -1 Joint Powers Agreement Dakota County Contract # C0028935 JOINT POWERS COST SHARE AGREEMENT FOR PICTOMETRY INTERNATIONAL CORPORATION GENERAL LICENSE TERMS AND CONDITIONS THIS AGREEMENT is made and entered into by and between the County of Dakota ("County"), a political subdivision of the State of Minnesota, and the Cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul and West St. Paul (individually "City" and collectively "Cities"), political subdivisions of the State of Minnesota. WHEREAS, the County and Pictometry International Corporation ("Pictometry") executed a General License Terms and Conditions, which is attached and incorporated herein as Exhibit 1 ("License Agreement"), whereby the County is allowed to install and use Pictometry's licensed images, geodata, software and documentation ("Pictometry's Licensed Products"); and WHEREAS, Pictometry's Licensed Products are dynamic visual imagery products that will provide three-dimensional oblique images and 360 degree views of each property in Dakota County; and WHEREAS, use of Pictometry's Licensed Products will improve efficiency and quality within numerous County departments; and WHEREAS, the License Agreement allows any political unit or subdivision located totally or substantially within the boundaries of Dakota County to install and use Pictometry's Licensed Products ("Authorized Subdivisions") under the License Agreement and subject to certain conditions; and WHEREAS, the Cities desire to become Authorized Subdivisions that are authorized to install and use Pictometry's Licensed Products, in accordance with the terms of the License Agreement; and WHEREAS, the County and Cities have reached an agreement to share the costs of licensing, installing and using Pictometry's Licensed Products by their respective political subdivision; and WHEREAS, pursuant to Minn. Stat. § 471.59, two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers. NOW, THEREFORE, in consideration of the mutual promises and benefits that all parties shall derive from this Agreement, the parties agree as follows: ARTICLE 1 PURPOSE The purpose of this Agreement is for the County and the Cities to share in the costs for licensing, installation and use of Pictometry's Licensed Product, in accordance with the terms of this Agreement and the License Agreement attached and incorporated herein as Exhibit 1 (License Agreement) and to designate the Cities as Approved Subdivisions for purposes of the License Agreement. ARTICLE 2 TERM The term of this Agreement shall commence on the date of execution of this Agreement by all parties, and shall terminate on December 31, 2018, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 3 OBLIGATIONS OF THE COUNTY 3.1 Payment. In accordance with the License Agreement executed between the County and Pictometry, the County has entered into the License Agreement and has agreed to pay Pictometry $62,044 for each year of the License Agreement term. 3.2 Approval as Authorized Subdivisions. Upon execution of this Agreement and payment made by each City to the County as provided in this Agreement, the City will be an Authorized Subdivision for purposes of the License Agreement. Nothing in this Agreement restricts the County from designating other political subdivisions located in Dakota County as Authorized Subdivisions for purposes of the License Agreement. 3.3 Coordination. The County will work out the delivery and deployment details and coordinating those processes with appropriate staff of the Cities. For that purpose, the Cities each agree to identify a technical and administrative contact for their city related to this Agreement ("Liaison") as specified below. ARTICLE 4 OBLIGATIONS OF THE CITIES 4.1 Payments by Cities. The Cities agree to pay the County a total of $20,042 in 2017 and a total of $20,042 in 2018. The License Agreement cost paid by each city is based on the average of the percentage of parcels and square miles in each city as a part of the total in all cities (% of Urban). The Cities agree to pay their respective cost share for each year of the License Agreement as shown in the chart below. The County will invoice each City for its cost share and each City agrees to send its cost share amount, payable to the Dakota County Treasurer, within 35 calendar days of receipt of the invoice to the County Liaison. Apple Valley Burnsville Eagan Farmington Hastings Inver Grove Heights Lakeville Mendota Heights Rosemount South St. Paul West St. Paul Totals: % of Urban Cost / City / Year 13% $ 2,603 14% $ 2,874 17% $ 3,412 6% $ 1,187 6% $ 1,208 9% $ 1,771 14% $ 2,892 4% $ 735 6% $ 1,170 6% $ 1,203 5% $ 987 100% $ 20,042 4.2 Responsibilities of Cities as Authorized Subdivisions. Upon payment of their respective cost for the License Agreement, each City is licensing Pictometry's Licensed Products and is authorized to use the Licensed Products in accordance with the terms of Exhibit 1 for the applicable calendar year. ARTICLE 5 CITIES ARE NOT SUBLICENSEES OF THE COUNTY Nothing in this Agreement creates an agency relationship between the County and the Cities with regard to the License Agreement (Exhibit 1). By signing this Agreement each City fully accepts the terms of the License Agreement on behalf of itself and its employees. The County does not have any obligation to the Cities with regard to licensing or the actual installation or use of Pictometry's Licensed Products by the City. ARTICLE 6 LIABLE FOR OWN ACTS Each party to this Agreement shall be liable for the acts of its officers, employees, volunteers or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of any other party, its officers, employees, volunteers or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County and the Cities. Each party warrants that it is able to comply with the aforementioned indemnity requirement through an insurance or self-insurance program and that each party has minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 466. In the event of any claims or actions filed against any party to this Agreement, nothing in this Agreement shall be construed to allow a claimant to obtain 2 separate judgments or separate liability caps from the individual parties. This Article shall survive the expiration or termination of this Agreement. ARTICLE 7 DEFAULT- FORCE MAJEURE No party shall be liable to any other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. ARTICLE 8 TERMINATION In the event Pictometry's Licensed Products are no longer available to the County and Cities in accordance with the License Agreement, the County and Cities agree to work together to determine appropriate actions to take. In the event the County recovers payments from Pictometry for early termination of the License Agreement, the money recovered will be disbursed proportional to the contributions made for Pictometry's Licensed Products under this Agreement. ARTICLE 9 AUTHORIZED REPRESENTATIVES AND LIAISONS FOR THE PARTIES 9.1 Authorized Representatives. The named persons that have executed this Agreement on behalf of the County and each City are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications and subcontracts, except that, the Authorized Representative shall have only the authority specifically or generally granted by their respective governing boards. 9.2 Liaisons. To assist the parties in the day-to-day performance of this Agreement and to develop service, ensure compliance and provide ongoing consultation, a Liaison shall be designated by the County and each City. Notification required to be provided pursuant to this Agreement shall be provided to the named person and address listed below for the County, and shall be provided to the named persons and addresses listed on each City's signature page of this Agreement, unless otherwise stated in a modification of this Agreement. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. The County's Liaison is: County Liaison: Randy Knippel or successor, Dakota County Office of GIS, 14955 Galaxie Ave. Apple Valley, MN 55124 Telephone: 952-891-7080 Email Address: randy.knippel@co.dakota.mn.us ARTICLE 10 GENERAL PROVISIONS 10.1 Modifications. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, signed by authorized representatives of the County and Cities. 10.2 Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 10.3 Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the State of Minnesota, County of Dakota. This Article shall survive expiration or termination of the Agreement. 3 10.4 Merger. A. Final Agreement. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not contained in this Agreement. B. Exhibit. Exhibit 1 (License Agreement) (including all attachments and exhibits thereto) is attached hereto, and all terms and conditions in said Exhibit are incorporated herein and made a part of this Agreement. By signing this Agreement, each City acknowledges receipt of the above Exhibit (including all attachments and exhibits thereto). 10.5 Agreement Interpretation and Construction. This Agreement was fully reviewed and negotiated by the parties. Accordingly, the parties agree the "against the offeror" principle of contract interpretation and construction shall not be applied to this Agreement. Any ambiguity, inconsistency, or question of interpretation or construction in this Agreement shall not be resolved strictly against the party that drafted the Agreement. It is the intent of the parties that every article (including any subsection), clause, term, provision, condition, and all other language used in this Agreement shall be constructed and construed so as to give its natural and ordinary meaning and effect, regardless of any rule or law to the contrary. 10.6 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. COUNTY OF DAKOTA APPROVED AS TO FORM: /s/ Lucie S. O'Neill 4/4/2017 Assistant Dakota County Attorney Date File No. KS -17-45-2 County Board Res. No. 17-159 By Dan Cater, Director Information Technology Department Date of Signature 4 CITY OF APPLE VALLEY Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] 5 CITY OF APPLE VALLEY I, the below signed, have authority to sign this Agreement on behalf of the City By: [print name] Date: CITY OF BURNSVILLE Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] 6 CITY OF BURNSVILLE I, the below signed, have authority to sign this Agreement on behalf of the City By: [print name] Date: CITY OF EAGAN Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] 7 CITY OF EAGAN I, the below signed, have authority to sign this Agreement on behalf of the City By: [print name] Date: CITY OF FARMINGTON Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] 8 CITY OF FARMINGTON I, the below signed, have authority to sign this Agreement on behalf of the City By: [print name] Date: CITY OF HASTINGS Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] 9 CITY OF HASTINGS I, the below signed, have authority to sign this Agreement on behalf of the City By: [print name] Date: CITY OF INVER GROVE HEIGHTS Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] 10 CITY OF INVER GROVE HEIGHTS I, the below signed, have authority to sign this Agreement on behalf of the City By: [print name] Date: CITY OF LAKEVILLE Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] 11 CITY OF LAKEVILLE I, the below signed, have authority to sign this Agreement on behalf of the City By: [print name] Date: CITY OF MENDOTA HEIGHTS Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] 12 CITY OF MENDOTA HEIGHTS I, the below signed, have authority to sign this Agreement on behalf of the City By: [print name] Date: CITY OF ROSEMOUNT Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] 13 CITY OF ROSEMOUNT I, the below signed, have authority to sign this Agreement on behalf of the City By: [print name] Date: CITY OF SOUTH ST PAUL Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] 14 CITY OF SOUTH ST PAUL I, the below signed, have authority to sign this Agreement on behalf of the City By: [print name] Date: CITY OF WEST ST PAUL Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] 15 CITY OF WEST ST PAUL I, the below signed, have authority to sign this Agreement on behalf of the City By: [print name] Date: EXHIBIT 1 LICENSE AGREEMENT 16 AGREEMENT BETWEEN PICTOMETRY INTERNATIONAL CORP. ("PICTOMETRY") AND DAKOTA COUNTY, MN ("CUSTOMER") 1. This order form ("Order Form"), in combination with the contract components listed below: Section A: Product Descriptions, Prices and Payment Terms Section B: License Terms: • Delivered Content Terms and Conditions of Use • Online Services General Terms and Conditions • Web Visualization Offering Terms and Conditions • Software License Agreement Section C: Non -Standard Terms and Conditions Sector Maps (3) (all of which, collectively, constitute this "Agreement") set forth the entire understanding between Pictometry and Customer with respect to the subject matter hereof and supersedes all prior representations, agreements and arrangements, whether oral or written, relating to the subject matter hereof. Any modifications to this Agreement must be made in writing and be signed by duly authorized officers of each party. Any purchase order or similar document issued by Customer in connection with this Agreement is issued solely for Customer's internal administrative purposes and the terms and conditions set forth on any such purchase order shall be of no force or effect as between the parties. 2. In the event of any conflict among any contract components comprising this Agreement, order of precedence for resolving such conflict shall be, from highest (i.e., supersedes all others) to lowest (i.e., subordinate to all others): Non -Standard Terms and Conditions; Product Descriptions, Prices and Payment Terms; License Terms in order as listed above under the heading `Section B: License Terms'; and Order Form. All notices under this Agreement shall be in writing and shall be sent to the following respective addresses: CUSTOMER NOTICE ADDRESS PICTOMETRY NOTICE ADDRESS 14955 Galaxie Ave 25 Methodist Hill Drive Apple Valley, MN 55124 Rochester, NY 14623 Attn: Randy Knippel, Manager Attn: Contract Administration Phone: 952-891-7080 Phone: (585) 486-0093 Either party may change their respective notice address by giving written notice of such change to the other party at the other party's then -current notice address. Notices shall be given by any of the following methods: personal delivery; reputable express courier providing written receipt; or postage -paid certified or registered United States mail, return receipt requested. Notice shall be deemed given when actually received or when delivery is refused. This Agreement, including all licenses granted pursuant to it, shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns, but shall not be assignable by either party except that (i) Pictometry shall have the right to assign its right to receive Fees under this Agreement, provided no such assignment shall affect Pictometry's obligations hereunder, and (ii) Pictometry shall have the right to assign all its rights under this Agreement to any person or entity, provided the assignee has assumed all of Pictometry's obligations under this Agreement. IN NO EVENT SHALL EITHER PARTY BE LIABLE, UNDER ANY CAUSE OF ACTION OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING UNDER THEORIES INVOLVING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY), FOR ANY LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY THE OTHER PARTY OR OTHERS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. With respect to any claims that Customer may have or assert against Pictometry on any matter relating to this Agreement, the total liability of Pictometry shall, in the aggregate, be limited to the aggregate amount received by Pictometry pursuant to this Agreement. The waiver by either party of any default by the other shall not waive subsequent defaults of the same or different kind. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement Page 1 of 21 Dakota County, MN — C184208 2017-03-23 DD -000I-20160318 shall remain in full force and effect. 9. Pictometry shall not be responsible for any failure on its part to perfomt due to unforeseen circumstances or to causes beyond Piotometry's reasonable control, including but not limited to acro of God, war, riot, embargoes, ads of civil or military authorities, fire, weather, floods, accidents, strikes, failure to obtain export licenses or shortages or delays of transportation, acuities, fuel, energy, supplies, labor or materials. In the event of any such delay, Pictontetry may defer perfomunce for a period of time reasonably related to the time and nature of the causeof the delay. 10. In consideration of, and subject to, payment by Customer of the Fees specified in Section A of this Agreement, Pictometry agrees to provide Customer with access to and use of the products specified in Section A of this Agreement, subject to the terms and conditions set forth in this Agreement Customer hereby agrees to pay the Fees specified in Section A of this Agreement in accordance with the stated payment taau and adapts and agrees to abide by the terms ofthis Agreement This Agreement shall become effective upon execution by duly authorized officers of Customer and Pictometry and receipt by Pictometry of such fully executed document, such date ofmceipt by Pictometry being the "Effective Date." PARTIES: CUSTOMER PICfOMETRY DAKOTA COUNTY. MN PICTOMETRY INTERNATIONAL CORP. (entity type) a Delaware corporadon SICNA7�(� SIGNATURE. /{��,', ��,,yy ,, NAME: Th G ie\ C c.,:b r NAME: / %% ✓ k J Cti`F%I,/it c:_t' ,,/A,,�. TITLE:/ i/ iOar( i 71 � /-' ` � ids / , 'TITLE: 1 - .� .'r e C. t c r DATE: /� re- i\,_. 7�7 Wi0 CR triEXECUTION atth P41, Rot / DATE 01? RECEIPT (EFFECTIVE DATE): APPROVED AS TO ROM: , O3- ASST aka—IA–COUNTY AF DFIaN. Ks -t} -4s I [Beard Res No. 19-159 Pane 2 of 21 Dakou County, MN - C18120112017-03-11 DD0001-00160318 SECTION A Pictometry International Corp. 25 Methodist Hill Drive Rochester, NY 14623 PRODUCT DESCRIPTIONS, PRICES AND PAYMENT TERMS BILL TO Dakota County, MN Randy Knippel, Manager 14955 Galaxie Ave Apple Valley, MN 55124 952-891-7080 randy.knippel@co.dakotamn.us ORDER # C184208 SHIP 'TO Dakota County, MN Randy Knippel, Manager 14955 Galaxie Ave Apple Valley, MN 55124 952-891-7080 randy.knippel@co.dakota.mn.us CUSTOMER ID SALES REP A116608 DLars QTY :PRODUCT NAME PRODUCT DESCRIPTION . LIS r PRICE DISCOUNT PRICE (%) AMOUNT 339 IMAGERY - NEIGHBORHOOD - 4- way (N5) (6in) Per Sector Product includes 6 -inch GSD oblique frame images (4- way), 6 -inch GSD orthogonal frame images, 1 -meter GSD ortho mosaic sector tiles and one area -wide 1 -meter GSD mosaic (ECW format). Orthogonal GSD: 0.5 feet/pixel; Nominal Oblique GSD (all values +/-10%): Front Line: 0.46 feet/pixel, Middle Line: 0.51 feet/pixel, Back Line: 0.60 feet/pixel. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $250.00 $84,750.00 300 IMAGERY - COMMUNITY - 4 -way (C5) (9in) - Per Sector Product includes 9 -inch GSD oblique frame images (4- way), 9 -inch GSD orthogonal frame images, 1 -meter GSD ortho mosaic sector tiles and one area -wide 1 -meter GSD mosaic (ECW format). Orthogonal GSD: 0.75 feet/pixel; Nominal Oblique GSD (all values +/-10%): Front Line: 0.74 feet/pixel, Middle Line: 0.85 feet/pixel, Back Line: 1.00 feet/pixel. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use . $75.00 $22,500.00 350 Tiles - Standard (6in GSD; JPG format) Per Sector Available with corresponding 3", 4", or 6" GSD imagery purchase. 6 -inch GSD Mosaic Tiles in JPG Fonnat. Tiles are provided "as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $20.00 $7,000.00 ' I Pictometry Connect - CA - 100 Pictometry Connect - CA - 100 (Custom Access) provides up to 100 concurrent authorized users the ability to login and access the Pictometry-hosted custom imagery libraries specified elsewhere m this Agreement via a web - based, server -based or desktop integration. The default deployment is through web -based Pictometry Connect. Term commences on date of activation. License Term: 2 Years Applicable Terms and Conditions: Online Services General Terms and Conditions;Software License Agreement $6,600.00 $4,950.00 (25%) $4,950.00 306 Tiles - Standard (9in GSD; JPG format) Per Sector Available with corresponding 9" GSD imagery purchase. 9 -inch GSD Mosaic Tiles in JPG Format. Tiles are provided "as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $10.00 $3,060.00 1 Pictometry Connect View - CA Pictometry Connect View - CA (Custom Access) provides visualization -only access to the Pictometry- hosted custom imagery libraries specified elsewhere in this Agreement via a web application or server based integration. Requires a customer -provided web application or server based application. With respect to imagery available through this product to third parties or the Public, Pictometry reserves the right to reduce the resolution of the imagery available. Term commences on date of activation. License Term: 2 Years $1,500.00 $1,125.00 (25%) $1,125.00 Page 3 of 21 Dakota County, MN — C184208 2017-03-23 DD -0001-20160318 QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT PRICE (%) AMOUNT Applicable Terms and Conditions: Web Visnalintion Offering Tears and Conditions 350 Mosaic - Area Wide (6in ' GSD; MrSID format, combined) Per Sector Available with purchase of corresponding tile product. New processing or re -processing ofMrSID area -wide mosaics of 6 -inch GSD imagery. Tiles are provided as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $1.00 $350.00 1 Media Drive Capacity 931G - Drive Model 1T - EXTPOWER External USB 2.0 / eSATA Externally Powered. Delivery media prices include copying a complete image library onto media. Sub -warehousing sold separately. Applicable Terms and Conditions: Order Form $199.00 $199.00 306 Mosaic - Area Wide (9in GSD; MrSID format, combined) Per Sector Available with purchase of corresponding tile product. New pressing or re -processing ofMrSID area -wide mosaics of 9 -inch GSD imagery. Tiles are provided "as is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $0.50 $153.00 1 RapidAccess - Disaster Response Program RapidAccess - Disaster Response Program is an emergency response program offering flights after an emergency or disaster. Refer to the attached detailed description of the Disaster Response Program. Applicable Terms and Conditions: Order Form $0.00 $0.00 6 IMAGERY - COMMUNITY - 4 -way (C5) (9in) - Per Sector Product includes 9 -inch GSD oblique frame images (4- way), 9 -inch GSD orthogonal frame images, 1 -meter GSD ortho mosaic sector tiles and one area -wide 1 -meter GSD mosaic (ECW format). Orthogonal GSD: 0.75 feet/pixel; Nominal Oblique GSD (all values +/-10%): Front Line: 0.74 feet/pixel, Middle Line: 0.85 feet/pixel, Back Line: 1.00 feet/pixel. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $200.00 $0.00 (100%) $0.00 11 IMAGERY - NEIGHBORHOOD - 4- way (N5) (6in) Per Sector Product includes 6 -inch GSD oblique frame images (4- way), 6 -inch GSD orthogonal frame images, 1 -meter GSD ortho mosaic sector tiles and one area -wide 1 -meter GSD mosaic (ECW format). Orthogonal GSD: 0.5 feet/pixel; Nominal Oblique GSD (all values +/-10%): Front Line: 0.46 feet/pixel, Middle Line: 0.51 feet/pixel, Back Line: 0.60 feet/pixel. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use $345.00 $0.00 (100%) $0.00 1 Oblique Imagery Bundle with Two (2) Years of EFS Maintenance & Support Includes digital copy of the Licensed Documentation for the License Software, two (2) End User Training Sessions, one (1) Advanced User Technical Training, one (1) Administration / IT Training Session, ten (10) hours of telephone support, one copy of Pictometry Electronic Field Study (EFS) software, latest version, on the storage media specified herein, and access to download updated versions of the EFS Licensed Software for a period of two years from the initial date of shipment of the EFS software, along with a copy of the updated documentation. Applicable Terms and Conditions: Software License Agreement $0,00 $0.00 1 EIectronic Field Study (EFS) One copy of Electronic Field Study software, latest version. Applicable Terms and Conditions: Software License Agreement $0.00 $0.00 �ank you for choosing Pictometry as your serviceprovider. 'Amount per product = ((1 -Discount %) * Qty * List Price) TOTAL: $124,087.00 FEES; PAYMENT TERMS All amounts due to Pictometry pursuant to this Agreement ("Fees") are expressed in United States dollars and do not include any duties, taxes (including, without limitation, any sales, use, ad valorem or withholding, value added or other taxes) or handling fees, all of which are in addition to the amounts shown above and, to the extent applicable to purchases by Customer, shall be paid by Customer to Pictometry without reducing any amount owed to Pictometry unless documents satisfactory to Pictometry evidencing exemption from such taxes is provided to Pictometry prior to billing. To the extent any amounts properly invoiced pursuant to this Agreement are not paid within thirty (30) days following the invoice due date, such unpaid amounts shall accrue, and Customer shall pay, interest at the rate of 1.5% per month (or at the maximum rate allowed by law, if less). In addition, Customer shall pay Pictometry all costs Pictometry incurs in collecting past due amounts due under this Agreement including, but not limited to, attorneys' fees and court costs. Page 4 of 21 Dakota County, MN — C184208 2017-03-23 DD -0001-20160318 Due at Signing Due at Initial Shipment of Imagery Due at First Atmiversary of Shipment of Imagery Due at Activation of Online Services Total Payments PRODUCT PARAMETERS IMAGERY Product. IMAGERY - NEIGHBORHOOD - 4 -way (N5) (61n) Per Sector Elevation Source: Pictometry - On file — Statewide LiDAR Leaf Leaf Off: Less than 30% leaf cover Product: IMAGERY - COMMUNITY - 4 -way (C5) (9in) - Per Sector Elevation Source: Pictometry - On file — Statewide LiDAR Leaf Leaf Off: Less than 30% leaf cover Product: IMAGERY - COMMUNITY - 4 -way (C5) (9in) - Per Sector Elevation Source: Pictometry - On file — Statewide LiDAR Leaf Leaf Off: Less than 30% leaf cover Product IMAGERY - NEIGHBORHOOD - 4 -way (N5) (6in) Per Sector Elevation Source: Pictometry - On file — Statewide LiDAR Leaf Leaf Off: Less than 30% leaf cover $14,839.25 $44,517.75 $58,655.00 $6,075.00 5124,087.00 STANDARD ORTHO MOSAIC PRODUCTS Pictometry standard ortho mosaic products are produced through automated mosaicking processes that incorporate digital elevation data with individual Pictometry ortho frames to create large -area mosaics on an extremely cost-effective basis. Because these products are produced through automated processes, rather than more expensive manual review and hand -touched corrective processes, there may be inherent artifacts in some of the resulting mosaics. While Pictometry works to minimize such artifacts, the Pictometry standard ortho mosaic products are provided on an 'AS IS' basis with respect to visible cutlines along mosaic seams resulting from the following types of artifacts: i. Disconnects in non -elevated surfaces generally caused by inaccurate elevation data; n. Disconnects in elevated surfaces (e.g., roadways, bridges, etc.) generally caused by elevated surfaces not being represented in the elevation data; iii. Building intersect and clipping generally caused by buildings not being represented in the elevation data; iv. Seasonal variations caused by images taken at different times during a season, or during differem seasons; v. Ground illumination variations caused by images taken under different illumination (e.g., sunny, high overcast, morning light, afternoon light, etc.) within one flight day or during different flight days; vi. Single GSD color variations caused by illumination differences or multiple-aircraft/camera captures; vii. Mixed GSD color variations caused by adjacent areas being flown at different ground sample distances (GSDs); and viii. Water body color variations caused by multiple individual frames being used to create a mosaic across a body of water (e.g., lakes, ponds, rivers, etc.). Other Pictometry products may be available that are less prone to such artifacts than the Pictometry standard ortho mosaic products. CONNECT Product: Pictometry Connect - CA -100 Admin User Name: Randy Knippel Admin User Email .• randy.knippel@co.dakota.mn.us Geofence: MN Anoka MN Carver MN Douglas MN Hennepin MN Le Sueur MN Ramsey MN Rice MN Scott MN Washington MN Dakota MN Wright Product: Pictometry Connect View - CA Admin User Name: Randy Knippel Page 5 of 21 Dakota County, MN— C184208 2017-03-23 DD -0001-20160318 Admin User Email: Geofence: randy.knippel@co.dakota.mn.us MN Anoka MN Carver MN Douglas MN Hennepin MN Le Sucur MN Ramsey MN Rice MN Scott MN Washington MN Dakota MN Wright RapidAccess—Disaster Response Program ("DRP") Customer is eligible for DRP described below from the Effective Date through the second anniversary of the initial Project delivery. Following payment to Pictometry of amounts due with respect to each subsequent Project, Customer will be eligible for the then -current DRP for a period of two years from delivery of such subsequent Project. Customer must be in good -standing with Pictometry to maintain eligibility for DRP. A. Disaster Coverage Imagery at No Additional Charge – Pictometry will, upon request of Customer and at no additional charge, provide standard quality imagery of up to 200 square miles of affected areas (as determined by Pictometry) upon the occurrence of any of the following events during any period Customer is eligible for DRP: ❑ Hurricane: areas affected by hurricanes of Category 2 and higher. ❑ Tornado: areas affected by tornados rated EF4 and higher. ❑ Terrorist: areas affected by damage from terrorist attack. ❑ Earthquake: areas affected by damage to critical infrastructure resulting from earthquakes measured at 6.0 or higher on the Richter scale. ❑ Tsunami: areas affected by damage to critical infrastructure resulting from tsunamis. B. Discounted Rate -- Coverage for areas affected by the events set forth above exceeding 200 square miles will be, subject to Pictometry resource availability, offered to Customer at the then current DRP rates. Also, coverage for areas affected by hurricanes below Category II, tornadoes below EF4 or earthquakes rated below 6.0 on the Richter scale will be, subject to Pictometry resource availability, offered to Customer at the then current DRP rates. C. Online Services – Use of Pictometry Connect Exploreri'm – Pictometry's DRP includes the use of Connect Explorer for a term of ninety days from the date of delivery of the DRP imagery. Customer shall have access to the DRP imagery for as long as they maintain an active Connect account. Page 6 of 21 Dakota County, MN– C184208 2017-03-23 DD -0001-20160318 SECTION B LICENSE TERMS PICTOMETRY DELIVERED CONTENT TERMS AND CONDITIONS OF USE These Pictometry Delivered Content Terms and Conditions of Use (the "Delivered Content Teems and Conditions"), in combination with the corresponding Agreement into which these teams are incorporated, collectively set forth the terms and conditions that govern use of Delivered Content (as hereinafter defined) for use within computing environments operated by parties other than Pictometry. As used in the Delivered Content Terms and Conditions die terms `jou" and 'jour" in uppercase or lowercase shall mean the Customer that entered into the Agreement into which the Delivered Content Terris and Conditions are incorporated. I. DEFINITIONS 1.1 "Authorized Subdivision" means, if you are a county or a non -state consortium of counties, any political unit or subdivision located totally or substantially within your boundaries that you authorize to have access to Delivered Content pursuant to the Delivered Content Terms and Conditions. 1.2 "Authorized System" means a workstation or server that meets each of the following criteria (i) it is owned or leased by you or an Authorized Subdivision, (ii) it is located within and only accessible from facilities that are owned or leased by you or an Authorized Subdivision, and (iii) it is under the control of and may only be used by you or Authorized Subdivisions. 1.3 "Authorized User" means any employee of you or Authorized Subdivisions that is authorized by you to have access to the Delivered Content through an Authorized System. 1.4 "Delivered Content" means the images, metadata, data layers, models, reports and other geographic or structural visualizations or embodiments included in, provided with, or derived from the information delivered to you by or on behalf of Pictometry pursuant to the Agreement. 1.5 ` ecu " means any employee or contractor of persons or entities performing services for compensation for you or an Authorized Subdivision that has been identified by written notice to Pictometry prior to being granted access to Delivered Content and, unless Pictometry expressly waives such requirement for any individual, has entered into a written agreement with Pictometty authorizing such access. 2. GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP 2.1 Subject to the teams and conditions of the Agreement, you are granted nonexclusive, nontransferable, limited rights to; (a) install the Delivered Content on Authorized Systems; (b) permit access and use of the Delivered Content through Authorized Systems by: (i) Authorized Users for performance of public responsibilities of you or Authorized Subdivisions that are to be perforated entirely within facilities of you or Authorized Subdivisions; (ii) Project Participants under the supervision of Authorized Users for performance of tasks or preparation of materials using only hard copies (or jpg copies) of Delivered Content solely for fulfilling public responsibilities of you or Authorized Subdivisions to be performed entirely within facilities of you or Authorized Subdivisions; and (iii) individual members of the public, but only through Authorized Users and solely for the purpose of making hard copies or jpg copies of images of individual properties or structures (but not bulk orders of multiple properties or structures) to the individual members of the public requesting them. 2.2 You may not reproduce, distribute or make derivative works based upon the Delivered Content in any medium, except as expressly permitted in the Delivered Content Terms and Conditions. 2.3 You may not offer any part of the Delivered Content for commercial resale or commercial redistribution in any medium. 2.4 You may not distribute or otherwise make available any Delivered Content to Google or its affiliates, either directly or indirectly. 2.5 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos, without the express written consent of Pictometry. 2.6 You may not remove, alter or obscure copyright notices or other notices contained in the Delivered Content. 2.7 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in Delivered Content in all media belong to Pictometry or its third party suppliers. Neither you nor any users of the Delivered Content acquire any proprietary interest in the Delivered Content, or any copies thereof, except the limited use rights granted herein. 3. OBLIGATIONS OF CUSTOMER 3.1 Geographic Dant. If available, you agree to provide to Pictometry geographic data in industry standard format (e.g., shape, DBF) including, but not limited to, digital elevation models, street centerline maps, tax parcel maps and centroids, which data, to the extent practicable, shall be incorporated into the Delivered Content. You agree that any of this data that is owned by you may be distributed and modified by Pictometry as part of its products and services, provided that at no time shall Pictometry claim ownership of that data. 3.2 Notification. You shall (a) notify Pictometry in writing of any claims or proceedings involving any of the Delivered Content within ten (10) days after you learn of the claim or proceeding, and (b) report promptly to Pictometry all claimed or suspected defects in Delivered Content. 3.3 Authorized User Compliance. You shall at all times be responsible for compliance by each Authorized User with the Delivered Content Terms and Conditions. 3.4 Authorized Subdivision Compliance. You shall at all times be responsible for compliance by each Authorized Subdivision with the Delivered Content Terms and Conditions. 3.5 Project Participants. Each notice to Pictometry identifying a potential Project Participant shall include a detailed description of the scope and nature of the Project Participants' planned work and the intended use of the Delivered Content in such work. Pictometry retains the right to restrict or revoke access to Delivered Content by any Project Participant who does not comply with the terms of the Delivered Content Teens and Conditions. 4. LICENSE DURATION; EFFECT OF TERMINATION 4.1 Term. The license granted to you in the Delivered Content Terms and Conditions is perpetual, subject to Pictometry's right to terminate the license in the event you do not pay in full the Fees specified elsewhere in the Agreement, the Agreement is terminated for any reason other than a breach of the Agreement by Pictometry, or as otherwise provided in the Agreement 4.2 Effect of Termination. Upon termination of the license granted to you in the Delivered Content Terms and Conditions, you shall immediately cease all use of the Delivered Content, promptly purge all copies of the Delivered Content from all workstations and servers on which any of it may be stoned or available at the time, and return hard drive/media containing Delivered Content to Pictometry. 5. TRADEMARKS; CONFIDENTIALITY 5.1 Use of Pictometry's Marks. You agree not to attach any additional trademarks, trade names, logos or designations to any Delivered Content or to any copies Page 7 of 21 Dakota County, MN—C184208 2017-03-23 DD -0001-20160318 of any Delivered Content without prior written approval from Pictometry. You may, however, include an appropriate government seal and your contact information so long as the seal and contact information in no way obscure or deface the Pictometry marks. You further agree that you will not use any Pictometry trademark, trade name, logo, or designation in connection with any product or service other than the Delivered Content. Your nonexclusive right to use Pictometry's trademarks, trade name, logos, and designations are coterminous with the license granted to you in the Delivered Content Terms. 5.2 Confidentiality of Delivered Content. The Delivered Content consists of commercially valuable, proprietary products owned by Pictometry, the design and development of which reflect an investment of considerable time, effort, and money. The Delivered Content is treated by Pictometry as confidential and contains substantial trade secrets of Pictometry. You agree that you will not disclose, provide a copy of, or disseminate the Delivered Content (other than as expressly permitted in the Delivered Content Terms and Conditions) or any part thereof to any person in any manner or for any purpose inconsistent with the license granted to you in the Delivered Content Terms and Conditions. You agree to use your best efforts to assure that your personnel, and any others afforded access to the Delivered Content, protect the Delivered Content against unauthorized use, disclosure, copying, and dissemination, and that access to the Delivered Content and each part thereof will be strictly limited. 6. LIMITED WARRANTY; DISCLAIMER OF WARRANTIES 6.1 Limited Warranties; Exclusive Remedy. Pictometry warrants that the Delivered Content will contain true and usable copies of the designated imagery as of the date of capture. As the sole and exclusive remedy for any breach of the foregoing warranty, Pictometry shall use reasonable efforts to correct any deficiency that precludes use of the Delivered Content in the manner intended. 6.2 Disclaimer of Other Warranties. Except as provided in Section 6.1, above, THE DELIVERED CONTENT IS PROVIDED TO YOU "AS IS" AND "WITH ALL FAULTS." PICTOMETRY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY, ARE HEREBY DISCLAIMED AND EXCLUDED BY PICTOMETRY. 6.3 Limitation of Liability. With respect to any other claims that you may have or assert against Pictometry on any matter relating to the Delivered Content, the total liability of Pictometry shall, in the aggregate, be limited to the aggregate amount received by Pictometry in payment for Delivered Content during the immediately preceding twenty-four (24) month period. 7. MISCELLANEOUS PROVISIONS 7.1 Restricted Rights. Delivered Content acquired with United States Government funds or intended for use within or for any United States federal agency is provided with "Restricted Rights" as defined in DFARS 252.227-7013, Rights in Technical Data and Computer Software and FAR 52.227-14, Rights in Data - General, including Alternate Ill, as applicable. 7.2 Governing Law. This License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. Page 8 of 21 [END OF DELIVERED CONTENT TERMS AND CONDITIONS] Dakota County, MN — C184208 2017-03-23 DD -0001-20160318 SECTION B LICENSE TERMS PICTOMETRY ONLINE SERVICES GENERAL TERMS AND CONDITIONS These Pictometry Online Services General Terms and Conditions (the "General Terms and Conditions"), in combination with the corresponding Pictometry order fora, if any, collectively constitute the license agreement (the "License Agreement") that governs your use of the Pictometry online services (the "Online Services"), the images available in the Online Services, and all associated metadata and data layers included in, provided with, or derived from those images (the "Licensed Content") provided by Pictometry International Corp. and its affiliated companies (collectively, "Pictometry"). The terms "you" and `your" in uppercase or lowercase shall mean the individual, entity (e.g., corporation, limited liability company, partnership, sole proprietor, etc.) or government agency entering imo the License Agreement. 1. GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP 1.1 You are granted a nonexclusive, nontransferable, limited right in access and use the Online Services and the Licensed Content obtained or derived from the Online Services solely for your interval business purposes and not for resale or redistribution. The rights granted to you include, subject to the restrictions set forth below and on the Onder Form, the right to copy limited portions of the Licensed Content onto your computer to facilitate preparation of hardcopies and work product records, and the right to make hardcopies of the Licensed Content, provided that the Licensed Content and the permitted copies thereof may not be sold, leased, loaned, distributed, or copied for use by anyone other than you. 1.2 You may not make the Online Services available to any other party. 1.3 You may not copy the Licensed Content or portions thereof onto any computer or storage device or media for the purpose of creating or maintaining one or more databases of that content for use in substitution for subsequent access to the content through the Online Services. 1.4 You may not distribute or otherwise make available any Licensed Content to Google or its affiliates, either directly or indirectly. 1.5 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos, without the express written consent of Pictometry. 1.6 You may not remove, alter or obscure copyright notices or other notices contained in the Licensed Content. 1.7 You may not offer any part of the Online Services or the Licensed Content for commercial resale or commercial redistribution in any medium. 1.8 You may not use the Online Services or the Licensed Content to compete with any businesses of Pictometry. 1.9 You may not use information included in the Online Services or the Licensed Content to determine an individual consumer's eligibility for (a) credit or insurance fm' personal, family, or household purposes; (b) employment; or (c) a government license or benefit. The term "consumer" is defined in the United States Fair Credit Reporting Act at 15 USC §1681. 1.10 You may not access the Online Services via mechanical, programmatic, robotic, scripted or any other automated means. Unless otherwise agreed by Pictometry in writing, use of the Online Services is permitted only via manually conducted, discrete, human -initiated individual search and retrieval activities. 1.11 All right, title, and interest (incbiding all copyrights, trademarks and other intellectual property rights) in the Online Services and the Licensed Content in all media belong to Pictometry or its third party suppliers. Neither you nor any users of the Online Services or the Licensed Content acquire any proprietary interest in the Online Services, the Licensed Content, or any copies thereof, except the limited use rights granted herein. 2. ACCESS TO SERVICES 2.1 Only you, your employees, and temporary or contract employees dedicated to performing work exclusively for you (each, an "Eligible User" and collectively, the "Eligible Users") are eligible to access and use the Online Services and the Licensed Content pursuant to the License Agreement. Each Eligible User to be provided access to the Online Service shall be assigned a unique login/password ('Pictometry Credential") for purposes of accessing the Online Services. You agree that each Pictometry Credential shall only be used by the Eligible User to whom it was originally assigned and that Pictometry Credentials may not be shared with, or used by, any other person, including other Eligible Users. You will promptly deactivate an Eligible User's Pictometry Credential in the event the Eligible User no longer meets the eligibility requirements or you otherwise wish to terminate the Eligible User's access to the Online Services. You are responsible for all use of the Online Services accessed with Pictometry Credentials issued to your Eligible Users, including associated charges, whether by Eligible Users or others. You will use reasonable commercial efforts to prevent unauthorized use of Pictometry Credentials assigned to your Eligible Users and will promptly deactivate any Pictometry Credentials you suspect are lost, stolen, compromised, or misused. 2.2 The Online Services, the Licensed Content, and features and functionality within the Online Services may be enhanced, added to, withdrawn, or otherwise changed by Pictometry without notice. 2.3 You are aware and understand that any user data collected or stored by the Online Services may be accessed by US law enforcement agencies under the US PATRIOT Act. You hereby release, and agree to hold Pictometry harmless from, all claims against Pictometry with respect to such access. 3. DISCLAIMERS 3.1 The Online Services and the Licensed Content are provided for visualization purposes only, are not authoritative or definitive, and do not constitute professional engineering or surveying services. 3.2 The Online Services and the Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used in lieu of a professional survey where the accuracy of measurements, distance, height, angle, area and volume, may have significant consequences. 3.3 All measurements and reports generated by the Online Services or from the Licensed Content are based upon second order visualization and measurement data that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying purposes. 3.4 Contour information obtained from the Online Services or contained in the Licensed Content is generated from undersampled elevation data, is provided for informational purposes only, and is not suitable for use as the basis for hydrographic computations, estimations or analyses. 3.5 While the Online Services and the Licensed Content may be considered useful supplements fur life critical applications, they are not designed or maintained to support such applications and Pictometry and its third party suppliers of the Online Services and the Licensed Content hereby disclaim all liability for damages claims and expenses arising from such use. 3.6 Your reliance on the Online Services and the Licensed Content should only be undertaken after an independent review of their accuracy, completeness, efficacy, timeliness and adequacy for your intended purpose. 3.7 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content assume no responsibility for any consequences resulting from the use of the Online Services or the Licensed Content. 3.8 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content hereby disclaim all liability for damages, claims and expenses arising from or in any way related to the accuracy or availability of the Online Services and the Licensed Content. 3.9 By accepting these General Terms and Conditions or by using the Online Services or the Licensed Content, you waive any and all rights you may have against Pictometry, each third party supplier of any portion of the Online Services or the Licensed Content, and each of their directors, officers, members and employees, arising out of use of or reliance upon the Online Services or the Licensed Content. 4. LIMITED WARRANTY Page 9 of 21 Dakota County, MN — C184208 2017-03-23 DD -0001-20160318 4.1 Pictometry represents and warrants that it has the right and authority to make the Online Services and the Licensed Content available to you and your Eligible Users as authorized expressly by this License Agreement. 4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.1, THE ONLINE SERVICES AND LICENSED CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. LIMITATION OF LIABILITY 5.1 No Covered Party (as defined below) shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or the Licensed Content, (b) the unavailability or interruption of the Online Services or any features thereof or the Licensed Content, (c) your or an Eligible User's use of the Online Services or the Licensed Content, (d) the loss or corruption of any data or equipment in connection with the Online Services or the Licensed Content, (e) the content, accuracy, or completeness of the Licensed Content, all regardless of whether you received assistance in the use of the Online Service from a Covered Party, (E any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any content retrieved from the Internet even if retrieved or linked to from within the Online Services. 5.2 "Covered Party" means (a) Pictometry and any officer, director, employee, subcontractor, agent, successor, or assign of Pictometry; and (b) each third party supplier of any Licensed Content, third party alliance entity, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of any Licensed Content or third party alliance entity and their affiliates. 5.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR THE LICENSED CONTENT OR THIS LICENSE AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. 5.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, THE LICENSED CONTENT, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS OR YOUR (AND YOUR ELIGIBLE USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO PICTOMETRY OR ITS THIRD PARTY SUPPLIERS. 5.5 Notwithstanding anything to the contrary in this Section 5: (a) If there is a breach of the warranty in Section 4.1 above, then Pictometry, at its option and expense, shall either defend or settle any action and hold you harmless against proceedings or damages of any kind or description based on a third party's claim of patent, trademark, service mark, copyright or trade secret infringement related to use of the Online Services or the Licensed Content, asserted against you by such third party provided: (i) all use of the Online Services and the Licensed Content was in accordance with this License Agreement; (ii) the claim, cause of action or infringement was not caused by you modifying or combining the Online Services or the Licensed Content with or into other products, applications, images or data not approved by Pictometry; (iii) you give Pictometry prompt notice of such claim; and (iv) you give Pictometry the right to control and direct the investigation, defense and settlement of such claim. You, at Pictometry's expense, shall reasonably cooperate with Pictometry in connection with the foregoing. (b) In addition to Section 5.5(a), if the Online Services, the operation thereof or the Licensed Content become, or in the opinion of Pictometry are likely to become, the subject of a claim of infringement, Pictometry may, at its option and expense, either: (i) procure for you the right to continue using the Online Services or the Licensed Content, (ii) replace or modify the Online Services or the Licensed Content so that they become non -infringing; or (iii) terminate the License Agreement on notice to you and grant you a pro -rata refund or credit (whichever is applicable) for any pre -paid fees or fixed charges. (c) The provisions of Sections 5.5(a) and (b) shall constitute your sole and exclusive remedy for the respective matters specified therein. 6. MISCELLANEOUS 6.1 The terms and conditions of this License Agreement may be changed from time to time immediately upon notice to you. If any changes are made to this License Agreement, such changes will: (a) only be applied prospectively; and (b) not be specifically directed against you or your Eligible Users but will apply to all similarly situated Pictometry customers using the Online Services. You may terminate this License Agreement upon written notice to Pictometry if any change to the terms and conditions of this License Agreement is unacceptable to you. For termination to be effective under this Section 6.1, written notice of termination must be provided to Pictometry within 90 days of the effective date of the change. Continued use of the Online Services following the effective date of any change constitutes acceptance of the change, but does not affect the foregoing termination right. Except as provided above, this License Agreement may not be supplemented, modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore, this License Agreement may not be supplemented, modified or otherwise revised by email exchange, even if the email contains a printed name or signature line bearing signature -like font. The foregoing does not prohibit the execution of electronic contracts bearing electronic signatures of authorized representatives of both parties, provided such signatures include digital certifications or are otherwise authenticated. 6.2 In the event of a breach of this License Agreement by you, any Eligible User or someone using the Pictometry Credential of an Eligible User, Pictometry may temporarily suspend or discontinue providing access to the Online Services to any or all Eligible Users without notice and Pictometry may pursue any other legal remedies available to it. 6.3 All notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by Pictometry. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date fust made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Legal notices to Pictometry should be sent to Pictometry, Attn: General Counsel, 25 Methodist Hill Drive, Rochester, New York 14623. 6.4 The failure of you, Pictometry, or any third party supplier of the Online Services or any Licensed Content to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 6.5 Neither you nor any Eligible User may assign or otherwise transfer your rights or delegate your duties under this License Agreement without the prior written consent of Pictometry. Any attempt by you or any Eligible User to assign, transfer or delegate your rights or obligations under this License Agreement without Pictometry's consent shall be void, and shall also void the limited license granted to you by this License Agreement. This License Agreement and any amendment thereto shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted assigns. 6.6 This License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. Unless you are a government entity, in the event that any legal proceedings are commenced with respect to any matter arising under this License Agreement, the parties specifically consent and agree that the courts of the State of New York or, in the alternative, the Federal Courts located in the State of New York Page 10 of 21 Dakota County, MN C184208 2017-03-23 DD -0001-20160318 shall have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action shall be in Monroe County, New York or the U.S. District Court for the Western District of New York, as applicable. 6.7 This License Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this License Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be imapreied, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of this License Agreement. 6.8 Where applicable, each affiliated company of Pictometry and each third party supplier of the Online Services or any Licensed Content has the right to assert and enforce the provisions of this License Agreement directly on its own behalf as a third party beneficiary. 6.9 In the event of a breach of your obligations under this License Agreement or your payment obligations with respect to access to the Online Services or the Licensed Content, you agree to pay all of Pictometry's costs of enforcement and collection, including court costs and reasonable attorneys' fees. 6.10 This License Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations relating to that subject matter. Page 11 of21 [END OF ONLINE SERVICES GENERAL TERMS AND CONDITIONS] Dakota County, MN — C184208 2017-03-23 DD -0001-20160318 SECTION B LICENSE TERMS PICTOMETRY WEB VISUALIZATION OFFERING TERMS AND CONDITIONS These Pictometry Web Visualization Offering Terms and Conditions (the "WVO Terms and Conditions"), in combination with the corresponding Pictometry order form, if any, collectively constitute the license agreement (the "WVO License Agreement") that governs your use of Pictometry web visualization offerings (the "WVO Services"), the images available in the WVO Services, and all associated metadata and data layers included in, provided with, or derived from those images (the "WVO Licensed Content") provided by Pictometry International Corp. and its affiliated companies (collectively, "Pictometry"). The terms "you" and "your" in uppercase or lowercase shall mean the individual, entity (e.g., corporation, limited liability company, partnership, sole proprietor, etc.) or government agency entering into the WVO License Agreement. 1. GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP 1.1 You are granted a nonexclusive, nontransferable, limited right to use and to provide public access to, and use of, the WVO Services solely for purposes of providing access to WVO Licensed Content in response to human -initiated, discrete location -specific requests through a single web site operated exclusively by or for you to serve you and your public constituencies and not for resale or redistribution or commercial use of any nature. 1.2 You may not copy or retain copies of the WVO Licensed Content obtained through the WVO Services or portions thereof onto any computer or storage device or media for the purpose of creating or maintaining one or more databases of that content for use in substitution for subsequent access to the content through the WVO Services or any other Pictometry Services, nor will your authorize or permit any user of the WVO Services to do so. 1.3 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos without the express written consent of Pictometry. 1.4 You may not remove, alter or obscure copyright notices or other notices contained in the WVO Licensed Content. 1.5 You may not offer any part of the WVO Services or the WVO Licensed Content for commercial resale or commercial redistribution in any medium. 1.6 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the WVO Services and the WVO Licensed Content in all media belong to Pictometry or its third party suppliers. Neither you nor any users of the WVO Services or the WVO Licensed Content acquire any proprietary interest in the WVO Services, the WVO Licensed Content, or any copies thereof except the limited use rights granted herein. 2. TERMS OF ACCESS TO WVO SERVICES 2.1 You shall provide to all end-users of the WVO Services on the page through which they access such services conspicuous notice of the following terms of access: (a) WVO Licensed Content available through the WVO is copyrighted material, (b) end-users of the WVO Services are granted the right to access and view the WVO Licensed Content through the WVO Services for personal use only and not for commercial purposes of any type, (c) end-users of the WVO Services are prohibited from reproducing, reselling, transferring, redistributing or creating derivative works from WVO Licensed Content, (d) all right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the WVO Services and the WVO Licensed Content in all media belong to Pictometry or its third party suppliers, and (e) THE WVO SERVICES AND WVO LICENSED CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF WVO LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 2.2 The WVO Services, the WVO Licensed Content, and features and functionality within the WVO Services may be enhanced, added to, withdrawn, or otherwise changed by Pictometry without notice. 2.3 You are aware and understand that any user data collected or stored by the WVO Services may be accessed by US law enforcement agencies under the US PATRIOT Act. You hereby release, and agree to hold Pictometry harmless from, all claims against Pictometry with respect to such access. 3. DISCLAIMERS 3.1 The WVO Services and the WVO Licensed Content are provided for visualization purposes only, are not authoritative or definitive, and do not constitute professional engineering or surveying services. 3.2 The WVO Services and the WVO Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used in lieu of a professional survey where the accuracy of measurements, distance, height, angle, area and volume, may have significant consequences. 3.3 All measurements and reports generated by the WVO Services or from the WVO Licensed Content are based upon second order visualization and measurement data that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying purposes. 3.4 Contour information obtained from the WVO Services or contained in the WVO Licensed Content is generated from undersampled elevation data, is provided for informational purposes only, and is not suitable for use as the basis for hydrographic computations, estimations or analyses. 3.5 While the WVO Services and the WVO Licensed Content may be considered useful supplements for life critical applications, they are not designed or maintained to support such applications and Pictometry and its third party suppliers of the WVO Services and the WVO Licensed Content hereby disclaim all liability for damages, claims and expenses arising from such use. 3.6 Your reliance on the WVO Services and the WVO Licensed Content should only be undertaken after an independent review of their accuracy, completeness, efficacy, timeliness and adequacy for your intended purpose. 3.7 Pictometry and each third party supplier of any portion of the WVO Services or the WVO Licensed Content assume no responsibility for any consequences resulting from the use of the WVO Services or the WVO Licensed Content. 3.8 Pictometry and each third party supplier of any portion of the WVO Services or the WVO Licensed Content hereby disclaim all liability for damages, claims and expenses arising from or in any way related to the accuracy or availability of the WVO Services and the WVO Licensed Content. 3.9 By accepting these WVO Terms and Conditions or by using the WVO Services or the WVO Licensed Content, you waive any and all rights you may have against Pictometry, each third party supplier of any portion of the WVO Services or the WVO Licensed Content, and each of their directors, officers, members and employees, arising out of use of or reliance upon the WVO Services or the WVO Licensed Content. 4. LIMITED WARRANTY 4.1 Pictometry represents and warrants that it has the right and authority to make the WVO Services and the WVO Licensed Content available to you as authorized expressly by this WVO License Agreement. 4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.1, THE WVO SERVICES AND WVO LICENSED CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF WVO LICENSED CONTENT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5. LIMITATION OF LIABILITY 5.1 No Covered Party (as defined below) shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the WVO Services or the WVO Licensed Content, (b) the unavailability or interruption of the WVO Services or any features thereof or the WVO Licensed Content, (c) your or any other party's use of the WVO Services or the WVO Licensed Content, (d) the loss or corruption of any data or equipment in connection with the WVO Services or the WVO Licensed Content, (e) the content, accuracy, or completeness of the WVO Licensed Content, Page 12 of21 Dakota County, MN — C184208 2017-03-23 DD -0001-20160318 all regardless of any assistance received in the use of the WVO Service from a Covered Party, (1) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any content retrieved from the Internet even if retrieved or linked to from within the WVO Services. 5.2 "Covered Party" means (a) Pictometry, its affiliates and any officer, director, employee, subcontractor, agent, successor, or assign of Pictometry or its affiliates; and (b) each third party supplier of any WVO Licensed Content, third party alliance entity, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of any WVO Licensed Content or third party alliance entity and their affiliates. 53 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WVO SERVICES OR THE WVO LICENSED CONTENT OR THIS WVO LICENSE AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE WVO SERVICES IN THE TWENTY-FOUR MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. 5.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE WVO SERVICES, THE WVO LICENSED CONTENT, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY'S INDEMNITY OBLIGATIONS OR YOUR (OR ANY OTHER WVO SERVICES USERS') INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO PICTOMETRY OR ITS THIRD PARTY SUPPLIERS. 5.5 Notwithstanding anything to the contrary in this Section 5: (a) If there is a breach of the warranty in Section 4.1 above, then Pictometry, at its option and expense, shall either defend or settle any action and hold you harmless against proceedings or damages of any kind or description based on a third party's claim of patent, trademark, service mark, copyright or trade secret infringement related to use of the WVO Services or the WVO Licensed Content, asserted against you by such third party provided: (i) all use of the WVO Services and the WVO Licensed Content was in accordance with this WVO License Agreement; (u) the claim, cause of action or infringement was not caused by you modifying or combining the WVO Services or the WVO Licensed Content with or into other products, applications, images or data not approved by Pictometty; (iii) you give Pictometry prompt notice of such claim; and (iv) you give Pictometry the right to control and direct the investigation, defense and settlement of such claim. You, at Pictometry's expense, shall reasonably cooperate with Pictometry in connection with the foregoing. (b) In addition to Section 5.5(a), if the WVO Services, the operation thereof or the WVO Licensed Content become, or m the opinion of Pictometry are likely to become, the subject of a claim of infringement, Pictometry may, at its option and expense, either: (i) procure for you the right to continue using the WVO Services or the WVO Licensed Content, (ii) replace or modify the WVO Services or the WVO Licensed Content so that they become non -infringing; or (iii) terminate the WVO License Agreement on notice to you and grant you a pro -rata refund or credit (whichever is applicable) for any pre -paid fees or fixed charges. (c) The provisions of Sections 5.5(a) and (b) shall constitute your sole and exclusive remedy for the respective matters specified therein. 6. MISCELLANEOUS 6.1 The terms and conditions of this WVO License Agreement may be changed from time to time immediately upon notice to you. If any changes are made to this WVO License Agreement, such changes will: (a) only be applied prospectively; and (b) not be specifically directed against you but will apply to all similarly situated Pictometry customers using the WVO Services. You may terminate this WVO License Agreement upon written notice to Pictometry if any change to the terms and conditions of this WVO License Agreement is unacceptable to you. For termination to be effective under this Section 6.1, written notice of termination must be provided to Pictometry within 90 days of the effective date of the change. Continued use of the WVO Services following the effective date of any change constitutes acceptance of the change, but does not affect the foregoing termination right. Except as provided above, this WVO License Agreement may not be supplemented, modified or otherwise revised unless signed by duly authorized representatives of both parties. Furthermore, this WVO License Agreement may not be supplemented, modified or otherwise revised by email exchange, even if the email contains a printed name or signature line bearing signature -like font. The foregoing does not prohibit the execution of electronic contracts bearing electronic signatures of authorized representatives of both parties, provided such signatures include digital certifications or are otherwise authenticated. 62 In the event of a breach of this WVO License Agreement by you or someone using the WVO Services, Pictometry may temporarily suspend or discontinue providing access to the WVO Services without notice and Pictometry may pursue any other legal remedies available to it. 6.3 All notices and other communications hereunder shall be in writing. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed or on the date received, if delivered in any other manner. Legal notices to Pictometry should be sent to Pictometry, Attn: General Counsel, 25 Methodist Hill Drive, Rochester, New York 14623. 6.4 The failure of you, Pictometry, or any third party supplier of the WVO Services or any WVO Licensed Content to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 6.5 You may not assign or otherwise transfer your rights or delegate your duties under this WVO License Agreement without the prior written consent of Fictometry. Any attempt by you to assign, transfer or delegate your rights or obligations under this WVO License Agreement without Pictometry's consent shall be void, and shall also void the limited license granted to you by this WVO License Agreement. This WVO License Agreement and any amendment thereto shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted assigns. 6.6 This WVO License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. Unless you are a government entity, in the event that any legal proceedings are commenced with respect to any matter arising under this WVO License Agreement, the parties specifically consent and agree that the courts of the State of New York or, in the alternative, the Federal Courts located in the State of New York shall have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action shall be in Monroe County, New York or the U.S. District Court for the Western District of New York, as applicable. 6.7 This WVO License Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this WVO License Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of this WVO License Agreement. 6.8 Where applicable, each affiliated company of Pictometry and each third party supplier of the WVO Services or any WVO Licensed Content has the right to assert and enforce the provisions of this WVO License Agreement directly on its own behalf as a third party beneficiary. 6.9 In the event of a breach of your obligations under this WVO License Agreement or your payment obligations with respect to access to the WVO Services or the WVO Licensed Content, you agree to pay all of Pictometry's costs of enforcement and collection, including court costs and reasonable attorneys' fees. 6.10 This WVO License Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations relating to that subject matter. Page 13 ofaI [END OF WEB VISUALIZATION OFFERING TERMS AND CONDITIONS[ Dakota County, MN — C184208 2017-03-23 DD -0001-20160318 SECTION B LICENSE TERMS PICTOMETRY SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. 1. GENERAL. The software ("Pictometry Software") and any written materials that accompany the software ("Documentation") in any media or form are licensed, not sold, to you by Pictometry International Corp. ("Pictometry") for use only under the terns of this License. Pictometry reserves all rights not expressly granted to you in this License. 2. LICENSE. Subject to the terms and conditions of this License, you are granted a limited, non -transferable, terminable, non-sublicenseable, non-exclusive license to install and use the Pictometry Software and the Documentation (collectively, the "Proprietary Materials") solely for internal use. Use of the functionality provided by the Pictometry Software other than for your internal use is prohibited, except with the prior written approval of Pictometry. You may make one copy of the Pictometry Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright and other proprietary notices contained in the original. You will not and will not enable others to dccompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of, or tamper with or disable any security or monitoring features within the Pictometry Software. Any attempt to do so is a violation of the rights of Pictometry and its licensors. 3. TITLE. The Proprietary Materials are confidential information of, trade secrets ofand are proprietary to Pictometry. Title to the Proprietary Materials is and will remain in Pictometry and its licensors. All applicable rights to patents, copyrights, trademarks, trade secrets, and other intellectual property rights in the Proprietary Materials are and will remain in Pictometry and its licensors. You will not assert any right, title or interest in the Proprietary Materials provided to you under this License, except for the express license granted to you hereunder. You will not remove any copyright or other proprietary notice or legend contained on or included in any Proprietary Materials and you will reproduce all such information on all copies made hereunder. You will keep the Proprietary Materials free of all claims, liens and encumbrances. 4. DISCLAIMERS OF WARRANTY. USE OF THE PICTOMETRY SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMII 1'ED BY APPLICABLE LAW, THE PICTOMETRY SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PICTOMETRY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PICTOMETRY SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. PICTOMETRY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE PICTOMETRY SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PICTOMETRY SOFTWARE WILL BE UNINTERRUPTED OR ERROR -FREE, OR THAT DEFECTS IN THE PROPRIETARY MATERIALS WILL BE CORRECTED. 5. LIMITATION OF LIABILITY. IN NO EVENT WILL PICTOMETRY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PICTOMETRY SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF PICTOMETRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PICTOMETRY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) CAUSED BY, ARISING OUT OF OR IN ANY WAY RELATED TO THE PICTOMETRY SOFTWARE EXCEED THE AMOUNT OF FIFTY DOLLARS (550.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 6. TERMINATION. This License will terminate automatically without notice from Pictometry if you fail to comply with any term of this License. Upon the termination of this License, you will cease all use of the Pictometry Software and destroy all copies, full or partial, of the Proprietary Materials. 7. MISCELLANEOUS PROVISIONS. A. Restricted Rights Pictometry Software acquired with United States Government funds or intended for use within or for any United States federal agency is provided with "Restricted Rights" as defined in DEARS 252.227-7013, Rights in Technical Data and Computer Software and FAR 52.227-14, Rights in Data -General, including Alternate III, as applicable. Pictometry must be notified in advance of any license grants to United States federal governmental entities. The Pictometry Software is developed for general use in a variety of applications and is not developed or intended for use in any inherently dangerous applications or applications that could lead to property damage, personal injury or death. If you use the Pictometry Software in such applications, then you will be responsible for taking all appropriate fail-safe, backup, redundancy, and other measures to ensure the safe use of the Pictometry Software in such applications, including but not limited to, in any nuclear, aviation, mass transit, public safety or medical applications. B. Foreign Trade Restrictions. The parties acknowledge that certain information, software technology, accompanying documentation and technical information may be subject to United States export control laws. You will not directly or indirectly export or re-export the Pictometry Software in violation of the Export Administration Regulations of the U.S. Department of Commerce. C. Governing Law. This License will be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflict of laws principles. D. Assignment You may not assign this License without Pictometry's prior written consent. Any assignment in violation of this License will be null, void and of no force and effect. For all purposes under this License, any merger, consolidation, spin-off, acquisition or change -in -control will be deemed an assignment. E. Partial Invalidity; Survival. If any provision of this License is held invalid or unenforceable by competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it will then appear. The total invalidity or unenforceability of any particular provision of this License will not affect its other provisions and this License will be construed in all respects as if the invalid or unenforceable provision were omitted. The provisions of this License that by their nature would survive its termination will survive indefinitely. Page 14 of21 Dakota County, MN — C184208 2017-03-23 DD -0001-20160318 F. Force Majeure. Neither party will be liable for any costs or damages due to nonperformance under this License arising out of any cause not within the reasonable control of such party and without its fault or negligence. Neither party will be liable for any delay or failure in the performance of its obligations under this License that directly results from any failure of the other party to perform its obligations as set forth in this License. G. Waiver. No waiver of a breach of any term of this License will be effective unless in writing and duly executed by the waiving party. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of this License. No failure on the part of a party to exercise, and no delay in exercising any of its rights hereunder will operate as a waiver thereof; nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right. No course of dealing between the parties will be deemed effective to modify, amend or discharge any part of this License or the rights or obligations of any party hereunder. H. Entire Agreement; Construction. This License contains the entire understanding of the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings regarding that subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Pictometry. There are no representations, waranties, or obligations of any party not expressly contained herein. The headings in this License are for convenience only. They do not constitute a portion of this License and will not be used in any construction of it. Page 15 of21 SEND OF SOFTWARE LICENSE AGREEMENT] Dakota County, MN — Cl 84208 2017-03-23 DD -0001-20160318 SECTION C NON-STANDARD TERMS AND CONDITIONS 1. Online Services Eligible Users: Notwithstanding anything in the Online Services General Terms and Conditions incorporated in this Agreement to the contrary, the terms 'Eligible User' and 'Eligible Users' as defined in those Online Services General Terms and Conditions shall, for the purposes of this Agreement, also include each 'Authorized User' as that term is defined in the Delivered Content Terms and Conditions of Use incorporated in this Agreement. 2. Applicable Law: Notwithstanding anything to the contrary set forth elsewhere in this Agreement, this Agreement and any modifications, amendments or alterations shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Minnesota, excluding its conflicts of law principles. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of Minnesota in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement. 3. Collective Purchase/Project Contingency: The six (6) sectors of 9 inch imagery, the two (2) sectors of 6 inch imagery and the nine (9) sectors of 6 inch imagery as set forth in Section A Product Descriptions, Prices and Payment Terms and the attached Sector Maps ("Shared Sectors") comprise one element of a collective purchase transaction for the benefit of Customer, Washington County, MN and Scott County, MN (collectively, the "Participants"). Customer shall receive the Shared Sectors at no charge so long as Participants' image captures occur simultaneously, at the same imagery resolution. Should the Participants' image captures not occur simultaneously, Customer will be charged the list price (as set forth in Section A Product Descriptions, Prices and Payment Terms) for the Shared Sectors. 4. Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with Customer. No tenure or any rights including worker's compensation, unemployment insurance, medical care, sick leave, vacation time, severance pay, PERA, or other benefits available to Customer employees, including indemnification for third party personal injury/property damage claims shall accrue to Pictometry's or employees of Pictometry's performing services under this Agreement. 5. Each party shall be liable for its own acts to the extent provided by law and shall not be responsible for the acts of the other party. 6. It is understood and agreed that the Customer's liability shall be limited by the provisions of Minn.Stat.Chap.466. 7. Pictometry further agrees that in order to protect itself as well as Customer under the indemnity provisions set forth above, it will at all times during the term of this Agreement keep in force: Commercial General Liability Insurance Policy with minimum limits of $1,000,000 combined single limit (CSL), with coverage pertaining to premises operations. In the event Combined Single Limits Coverage is not secured by Pictometry, the following minimum limits apply: $2,000,000 Aggregate $2,000,000 Products and Completed Operations Aggregate $1,000,000 Personal Injury and Advertising Injury $1,000,000 Each Occurrence $ 5,000 Medical Expense The policy should be written on an 'occurrence' basis and not a 'claims -made' basis. Automobile Liability Insurance including owned, non -owned, and hired vehicles in an amount not less than $1,000,000 combined single limit (CSL) for total bodily injuries and/or damages arising from any one accident. If automobiles are not used, we must receive a letter from you stating this. Professional Liability Insurance (when required) in the minimum amount of $1,500,000 combined single limit (CSL). In the event Combined Single Limits Coverage is not secured by Pictometry, the following minimum limits apply: $3,000,000 Aggregate $1,000,000 per Wrongful Act or Occurrence Excess Umbrella Liability Policy in the amount of $1,500,000 will be additionally required if any of the above policies have lower limits than stated. Page 16 of 21 Dakota County, MN — C184208 2017-03-23 DD -0001-20160318 Worker's Compensation Insurance. Prior to the ellective date of this Agreement_ and as a condition precedent, Piete}rmetry will furnish the County with an t?:I irkal Ccrtilicatc el -Insurance listing the ('aunty as an 'Additional Insured' in all snvcragc areas except Worker's Compensation and PTafestiionnl I_ial,i4it'. 8. All release of data, resulting from the parties performance under this Agreement shall be governed by Minnesota Data Practices, Minn. Stat. Section 13. Upon a request for disclosures made pursuant to this act, Customer shall give Pictometry notice promptly enough to facilitate Pictometry taking legal action to prevent or limit disclosure pursuant to applicable laws. 9. Pursuant to Minn. Stat. Section 16C.05, subd. 5, Pictometry agrees that Customer, the State Auditor, or any of their duly authorized representatives, upon ten days' notice to Pictometry, at a date and time mutually convenient for both parties shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, et., which are pertinent to the accounting practices and procedures of Pictometry and involve transactions relating to this Agreement. Pictometry agrees to maintain these records for a period of six years from the date of termination of this Agreement. Any inspections conducted pursuant to this section will be at the Customer's expense. 10. Pictometry shall not enter into any subcontract for the performance of any services contemplated under this Agreement without the prior written approval of Customer and subject to such conditions and provisions as the Customer may deem necessary. Pictometry shall be responsible for the performance of all Subcontractors. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other Parties, not to be unreasonably withheld, and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors. 11. During the performance of this Agreement, Pictometry agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination. 12. Pictometry shall be solely responsible for the health and safety of its employees and subcontractor's employees in connection with the services performed in accordance with this Agreement. Pictometry shall ensure that all employees, including those of all subcontractors, have received training required to properly and safely perform services outlined in this Agreement. Such training is to include, but not be limited to, all applicable sections of the State and Federal Occupation, Safety and Health Administration (OSHA) laws, Superfund Amendments and Reauthorization Act (SARA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Uniform fire Code and/or any other applicable health and safety regulations. Upon the request of the County, Pictometry shall provide copies of any licenses and/or training records for Pictometry and/or Pictometry's employees or subcontractor's employees who perform services pursuant to this Agreement. 13. Any mutually agreed to material alteration, modification, or variation shall be reduced to writing as an amendment and signed by the parties. 14. Ownership: Customer shall own the copy of the area wide mosaics delivered to it by Pictometry pursuant to this contract. Such area wide mosaics shall not constitute Delivered Content for purposes of this contract. As such, Customer is free to use, reproduce and redistribute copies of the area wide mosaics so delivered in any manner without any accounting to Pictometry. Pictometry shall own those copies of the area wide mosaics delivered pursuant to this contract that are in Pictometry's possession. As such Pictometry is free to use, reproduce and redistribute copies of the area wide mosaics delivered pursuant this contract in any manner without any accounting to Customer. Except for the copy of the area wide mosaics delivered to Customer by Pictometry pursuant to this contract, all imagery (including associated metadata) and software delivered or otherwise made available to Customer pursuant to this contract constitute Delivered Content or Pictometry Software, as appropriate, and are and shall remain the exclusive property of Pictometry, subject to the rights of Customer to use the Delivered Content and the Pictometry Software pursuant to the licenses granted by Pictometry elsewhere in this contract. 15. Contractor Debarment, Suspension and Resnonsibility Certification: Federal Regulation 45 CRF 92.35 prohibits the State/Agency from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minnesota Statutes, Section 16C.03, subd. 2 provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to contract with the State/Agency. Vendors may be suspended or debarred when it is determined, through a duly authorized hearing process, that they have abused the public trust in a serious manner, By Signing This Agreement, Pictometry Certifies That It And Its Principals* And Employees: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state or local governmental department or agency; and l'age 17Nl2,.1 Llakaxn d Mrd - l,.`1 4 5 . �h :1)1.7-11:1•23 B. Have not within a three-year period preceding this Agreement: 1) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract; 2) violated any federal or state antitrust statutes; or 3) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and C. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: 1) commission of a fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction; 2) violating any federal or state antitrust statutes; or 3) committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and D. Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this Contract are in violation of any of the certifications set forth above; and B. Shall immediately give written notice to the Contracting Officer should Pictometry come under investigation for allegations of fraud or a criminal offense in connection with obtaining, or performing a public (federal, state or local government) transaction; violating any federal or state antitrust statutes; or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. *"Principals" for the purposes of this certification means officers; directors; owners; partners; and person having primary management or supervisory responsibilities within a business entity (e.g. general manager; plant manager; head of a subsidiary, division, or business segment and similar positions. 16. Sun Anale: Pictometry may capture images when there are clouds above the altitude of the aircraft. Pictometry shall use commercially reasonable efforts to capture images with no full cloud obscuration or heavy cloud shadows (as determined by Pictometry). Our imaging window is defined at 25 degrees of sun elevation or greater. When that window is less than 4 hours, we will default to 2 hours before/2 hours after solar noon. 17. Leaf Cover and Ground Surface Snow: Pictometry will capture images when leaf cover is 30% or less and shall use commercially reasonable efforts to capture images when less than 5% of the ground surface is covered by snow. Minimal snow cover from residual snow stockpiles and along fence and windrows is acceptable. !ENI) OF NQN-STARDAIW 7 ER VIS AND CONDITIONS Dakota County, MN — C184208 2017-03-23 DD -0001-20160318 I•IE.NNEPIN Minneapolis -St Pani -MN RAM Y A A .000 som , 01, mom, Mo p I�l�111�wok, L Iii*NAPApiils1.5114110101 von i lI�iirllir�A 1 L hn WASH!140 TON . =MI --1111Pideftil , IFI - t 1 thil hula ffIlialL .: _ Pim: oil liliriMiltiliatillil noir *4 • _ 1 ti RICE Community Sectors: 300 Neighborhood Sectors: 339 Pugs 19 of 21 I•: P° Dakota County, MN — C184208 2017-03-23 DD -0001-20160318 I-ENNEPI14.1 Minneapolis -St PauMN 1ANS°Y VIASHIVGTON 1 arcF .e r, s�- t ; Bt~gawAI tom ' PIERCE Community Sectors: 6 Neighborhood Sectors: 11 Page 20 of 21 G000I IUC Dakota County, MN— C184208 2017-03-23 DD -0001-20160318 HENNEP)N RA 404-4 JUNI MmiliftMg WINN SCOTT RICE 1-11122. WW1 t+e"AHIR! r :: wtr g " gl,e - ftmlms WWWW244MAMWW �., tiC���� i�i�Wyj �� 'w lir W- fall WW WWW W W , . � 1111461geggIW latilanimmittdialltall Community Sectors: 306 Neighborhood Sectors: 350 Page 21 of 21 GOODHUE PIER Dakota County, MN— C184208 2017-03-23 DD -0001-20[60318 Agenda Information Memo June 20, 2017 Eagan City Council Meeting PUBLIC HEARING A. CONSIDER a grant contract, a Minnesota Investment Fund Loan Agreement, and other documents related to the consolidation and expansion of offices for Prime Therapeutics, LLC in the City of Eagan. Action To Be Considered: Close the public hearing as required by Minnesota Statutes Sections 116J.993 to 116J.995 and approve a grant contract, a Minnesota Investment Fund Loan Agreement, and other documents related to the consolidation and expansion of offices for Prime Therapeutics, LLC in the City of Eagan. ➢ Prime Therapeutics LLC ("Prime") is a pharmacy benefits management company with its headquarters in Eagan, Minnesota. Prime manages coverage for medicine to health insurers, employers, and seniors on Medicare. Prime processes claims and delivers medicine to its members, and it offers clinical services for people with complex medical conditions, such as cancer. ➢ Prime's current Minnesota facilities do not have capacity to accommodate its growth. ➢ Prime desires to construct a new consolidated campus in Eagan to accommodate its growth. ➢ On March 7, 2017, the Eagan City Council considered and approved a Minnesota Investment Fund (MIF) Application to the State of Minnesota to assist Prime in the amount not to exceed $1,000,000. ➢ On March 14, 2017, the State of Minnesota awarded the City of Eagan $1,000,000 in assistance. ➢ The loan agreement under consideration provides an aggregate principal amount not to exceed $1,000,000 in business assistance to Prime as a forgivable loan with a compliance date of September 1, 2020 and expiration date of December 1, 2020. If Prime is unable to meet the goals of the agreement by the compliance date, it will be required to repay the loan principal plus interest at a rate of three percent (3%) per annum. The funds are to be used for the purchase of machinery and equipment and related project costs. ➢ The conditions of the agreement require Prime to create 200 new, permanent jobs in the City of Eagan. The grant contract and loan agreement are attached and available for public review. ➢ The consideration of the project requires a public hearing and City Council action to approve related agreements. Attachments: (3) PHA -1 Location Map PHA -2 Public Hearing Notice PHA -3 Grant Contract and Loan Agreement bIIIIIW' ,,o , °9�''�'' 41!°'' City of CaRall iIiI ,,,,L Location Map • WesTPAaK i_ 0 w Project Name: Prime Therapeutics 74:! _ - Request: Minnesota Investment Fund w` - t a - O / Case No: I, Subtect i Site `otic - ''• il— ' ��Oak Ra _ - - _ ./ .PLflkee Uooale R: r� :1 4::1QQ MI ` ■ oirnar Ra ! X OUR `.f--- m. • WM ► TRU .!r� i a Al ( ��� tai= 0! ��eii ®�� Legend 9 filial:• - • Parcels '1' (a i .: Buildings 1111 111 wail.MEM NE L.._.! Eagan Boundary ��� ■1■■,= Ille �� -z J_ �N=� mil kb ,.......\ Parks Bur Oaks Par���ma�o� I Thresher '..'������ - � 1 Feet Fields Park , °, ` - EMU 500 1,000 2,000 „� `�'.' NOTICE OF PUBLIC HEARING FOR A PROPOSED BUSINESS SUBSIDY IN THE CITY OF EAGAN NOTICE IS HEREBY GIVEN that on June 20, 2017, at 6:30 p.m. at Eagan City Hall located at 3830 Pilot Knob Road, Eagan, Minnesota, the Eagan City Council will hold a public hearing to consider a business subsidy pursuant to Minnesota Statutes Sections 116J.993 to 116J.995 to be made by the City of Eagan to Prime Therapeutics LLC. The Minnesota Department of Employment and Economic Development for a Minnesota Investment Fund Grant will provide a forgivable loan in an aggregate principal amount not to exceed $1,000,000 to Prime Therapeutics LLC. The purpose of the business subsidy is to assist with expansion and create jobs. Information about the proposed business subsidy for Prime Therapeutics LLC is available for inspection at the office of the City Administrator at City Hall during regular business hours. After the public hearing the City will consider authorizing and providing the business subsidy in accordance with the proposed terms. NOTICE IS FURTHER GIVEN that all interested parties will be given an opportunity to be heard at the time and place of the public hearing. NOTICE IS FURTHER GIVEN that if you are a resident or owner of taxable property in the City of Eagan, you may file a written complaint with the City of Eagan if the City of Eagan fails to comply with Minnesota Statutes Sections 116J.993 to 116J.995, and that no action may be filed against the City of Eagan for the failure to comply with the statutes unless a written complaint is filed. LOAN AGREEMENT MINNESOTA INVESTMENT FUND THIS LOAN AGREEMENT ("Agreement") is made and entered into as the day of 2017 by and between the City Eagan, a public body corporate and political subdivision of the state of Minnesota (the "Lender") and Prime Therapeutics LLC, a Delaware limited liability company (The "Borrower"); the lender and Borrower are hereinafter referred to as the "Parties". Recitals 1. The Lender has applied to the Minnesota Department of Employment and Economic Development [DEED] for a Minnesota Investment Fund Grant (the "MIF Grant") pursuant to an application (the "Grant Application") and received approval for the grant; and 2. Grant Contract Number CDAP-17-0002-H-FY17 (the "Grant Contract") between the Minnesota Department of Employment and Economic Development (the "State") and the Lender has been executed and requires that the Borrower provide sufficient funds to complete financing and agree to loan terms with the Lender regarding the MIF Grant; and 3. The parties hereto agree to incorporate into this Loan Agreement by reference the Grant Application and Grant Contract; and 4. Borrower and Lender wish to set forth the terms and conditions upon which Lender will make the Loan to Borrower and for the repayment thereof. NOW THEREFORE, it is agreed by and between the parties hereto as follows: ARTICLE 1 Definitions Section 1.1. Definitions. In this Loan Agreement, unless a different meaning clearly appears from the context: "Benefit Date" means September 1, 2018 "Benefit" is defined as one or more of the following non -mandated compensation items paid by the Borrower on behalf of employees: health, dental, life and disability insurance, retirement program or profit-sharing. "City" means City of Eagan. Rev. February 2017 1 "County" means Dakota County. "Compliance Date" means September 1, 2020 "Development Property" means the real property described in Exhibit A attached (MIF funds used to purchase real machinery and equipment). "Expiration Date" means December 1, 2020 "Equipment" means the equipment to be purchased by the Borrower with the Loan Proceeds and described in Exhibit B attached. "Full -Time Equivalent (FTE)" is one or more people working a sum of 2,080 hours in a calendar year. "Grant Contract" means Minnesota Department of Employment and Economic Development Grant Contract # CDAP-17-0002-H-FY17 and attached as Exhibit C. "Initial Disbursement Date" means the date of the first disbursement of any loan proceeds by the Lender to the Borrower. "Jurisdiction" means within the corporate boundaries of the Lender. "Loan" means the funds loaned by the Lender to the Borrower pursuant to this Loan Agreement. "Loan Documents" means this Loan Agreement, the Promissory Note, Security Agreement and the Guaranty. "Loan Proceeds" means the funds disbursed to the Borrower pursuant to this Agreement and any proceeds thereof. "MIF" means the Minnesota Investment Fund, Minn. Stat. § 116J.8731 and Minn. Rules Chapter 4300. "MIF Grant" means the award of funds by the State to the Lender pursuant to the Grant Contract. "New Jobs" means the new permanent, Full -Time Equivalent, non -contract, non -seasonal jobs to be created by the Borrower. "Project" means the Borrower's Minnesota operation, and IT consolidation at a new facility in the City of Eagan. Rev. February 2017 2 "Promissory Note" means the note that shall be signed by Borrower as a condition precedent to receiving the Loan Proceeds. "State" means the Minnesota Department of Employment and Economic Development. "Termination Date" means the date of the final payment made by the Borrower to the Lender. ARTICLE 2 Loan, Use of Proceeds and Conditions of Repayment Section 2.1. MIF Loan/Funds. The Lender agrees, on the terms and subject to the conditions hereinafter set forth, to make a loan to the Borrower in an aggregate principal amount not to exceed $1,000,000 for purchase of machinery and equipment. The obligation of the Borrower to repay the Loan shall be evidenced by the Promissory Note. The Borrower's obligations under this Loan Agreement are expressly contingent on the Lender's receipt of funds from the State in an amount adequate to make the Loan. Section 2.2. Non -MIF (Other) Project Funds. The Borrower has secured a commitment for the private financing necessary to complete the Project, in a form and under conditions satisfactory to the Lender. (a) The Borrower shall commit not less than $25,000,000 of equity. (b) Other Project funds described in the Grant Application must be used at the same amount, for the same purposes and under the same terms, rates and conditions as specified unless written consent is received from the State prior to expenditure. Section 2.3. Loan Terms. FORGIVABLE LOAN: The Loan shall be forgiven by the Lender and the State upon satisfaction by the Borrower of the terms of this Loan Agreement. In the event the Loan is not forgiven, the Loan shall be repayable as set forth in Section 8.2 of this Loan Agreement. The Loan terms may not be modified without prior written approval from the State. OR Section 2.3. Loan Terms. If the Borrower fails to meet the job creation and wage goal level commitments on the Compliance Date, the Grantee may, after holding a public hearing, extend the grant period for one year from the Compliance Date, after approval by the State. If, after the extension, the Borrower fails to meet the job creation goal and wage level commitment, the Borrower will be required to repay the Grantee a proportional share of the Loan funds in the amount of $5,000 per FTE job not created on an accelerated term plus accrued interest. The Grantee will then also be required to return to the State all or a proportional share of the Loan funds plus accrued interest. Rev. February 2017 3 Section 2.4. Early Repayment. The Promissory Note may be prepaid in whole or in part at any time without penalty. A prepayment shall first be applied against any accrued interest, and then against any outstanding and past due payments which are due and owing hereunder or under the Loan Agreement, and then the remaining portion of such prepayment shall be applied against the remaining outstanding and unpaid principal balance. Section 2.5. Maintenance and Operation of the Project. As long as any portion of the Loan is still outstanding, Borrower shall maintain and operate the Project and use the Loan Proceeds in compliance with the terms of the Minnesota Investment Fund Act (MIF), this Loan Agreement, and all applicable federal, state and local laws, regulations and ordinances, including but not limited to all environmental laws and regulations. Article 3 Conditions of Lending Section 3.1. Condition Precedent to Any Advance. The obligation of the Lender to close the Loan and disburse the proceeds thereof to Borrower shall, subject to waiver by the State, be subject to the condition precedent that the Lender shall have received on or before the date of such closing the Promissory Note duly executed by the Borrower. Section 3.2. Further Conditions Precedent to Disbursement. The obligation of the Lender to disburse the Loan Proceeds shall also be subject to the following conditions precedent: (a) The Loan which is being made to the Borrower shall be consistent with the provisions of the MIF Program. (b) No Event of Default (as defined in Article 5) hereunder or event which would constitute such an Event of Default but for the requirement that notice be given or that a period of grace or time elapse, shall have occurred and be continuing. Section 3.3. Disbursement and Deposit of Loan Proceeds. Upon the execution of this Loan Agreement and the satisfaction of all of the conditions specified in Article 6, the Lender shall disburse the full Loan Proceeds to the Borrower. Section 3.4. Termination. This Loan Agreement shall automatically terminate without any notice to Borrower: (a) If no loan proceeds have been disbursed to the Borrower prior to the Compliance Date; or (b) If the Borrower fails to pay its debts as they become due, makes an assignment for the benefit of its creditors, admits in writing its inability to pay its debts as they become due, files a petition under any chapter of the Federal Bankruptcy Code or any similar law, state or federal, now or hereafter existing, becomes "insolvent" as that term is generally defined Rev. February 2017 4 under the Federal Bankruptcy Code, files an answer admitting insolvency or inability to pay its debts as they become due in any involuntary bankruptcy case commenced against it, or fails to obtain a dismissal of such case within sixty (60) days after its commencement or convert the case from one chapter of the Federal Bankruptcy Code to another chapter, or is the subject of an order for relief in such bankruptcy case, or is adjudged a bankrupt or insolvent, or has a custodian, trustee, or receiver appointed for it, or has any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution, or liquidation, and such custodian, trustee, or receiver is not discharged, or such jurisdiction is not relinquished, vacated, or stayed within sixty (60) days of the appointment. ARTICLE 4 Acknowledgments, Representations, and Warranties Section 4.1. Acknowledgments. (a) The Borrower acknowledges that the Lender, in order to obtain funds for part of the Borrower's activities in connection with the Project, has applied for the MIF Grant to the State under the Minnesota Investment Fund Program, Economic Development Division, and that the Lender has entered into the Grant Contract with the State, setting forth the terms, conditions, and requirements of the MIF Grant. The Borrower further acknowledges that it has made certain representations and statements in the Grant Application concerning its activities relating to the Project, and that the Borrower is designated and identified under the Grant Contract. (b) A copy of the Grant Contract and this Loan Agreement shall be on file in the offices of the Lender. In the event any provision of this Loan Agreement relating to the Borrower's obligations hereunder is inconsistent with the provisions of the Grant Contract relating to the Borrower's activities there under, the provisions of the Grant Contract shall prevail. (c) The Borrower acknowledges that nothing contained in the Grant Contract or this Loan Agreement, nor any act of the State or the Lender, shall be deemed or construed to create between the State and the Borrower (or, except as Borrower and Lender between the Lender and the Borrower) any relationship, including but not limited to that of third party beneficiary, principal and agent, limited or general partnership, or joint venture. As such, the Borrower agrees to hold the state harmless from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Loan Agreement, any events related to the Project or the Borrower's participation in this Loan, or Borrower's activities on the Development Property. Section 4.2. Representations and Warranties. The Borrower warrants and represents, in connection with the Loan and for the benefit of the State and the Lender, that: (a) It is Prime Therapeutics LLC (Delaware) business entity organization, registered and in good standing under the laws of the State of Delaware, doing business in the State of Rev. February 2017 5 Minnesota and is authorized to enter into this Loan Agreement and perform any of the acts required herein. (b) It has the legal authority and is duly authorized to operate the Project, to ensure the indebtedness of the Promissory Note and the obligations of this Loan Agreement, to execute and deliver the Loan Documents to which it is a party and it has taken all actions necessary and incident to its execution and delivery of the Loan Documents. (c) Its execution and delivery of the Loan Documents to which it is a party, and its incurrence of the Loan Documents does not violate any provision of law or Borrower's corporate documents. (d) The Promissory Note was duly and validly authorized, executed and delivered, and it constitutes the legal, valid and binding obligation of the Borrower enforceable in accordance with its terms. The Loan Documents to which it is a party, have been duly and validly authorized, executed and delivered, and are the legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their respective terms, except to the extent the enforceability thereof may be limited by bankruptcy, insolvency or other law affecting creditor's rights, or the application of equitable principles generally. (e) It is not in violation of any provisions of its organizational documents or of the laws of local governments, State of Minnesota or U.S. Government, and there are no actions, suits or proceedings pending, or to its knowledge threatened, before or by any judicial body or governmental authority, against or effecting it, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Loan Agreement or to perform any of the acts required of it in the Loan Documents to which it is a party. (f) Neither the execution and delivery of the Loan Documents to which it is a party, nor compliance with any of the terms, conditions, requirements or provisions contained herein or in such referenced documents, is prevented by, is a breach of, or will result in a breach of any term, condition or provision of any agreement or document to which it is now a party or by which it is bound. (g) It will maintain adequate capital for the proper operation and administration of its duties under this Loan Agreement. (h) It will comply with Minn. Stat. § 116J.8731 and Minn. Rules Chapter 4300 and all of the terms, conditions, provisions and requirements, contained in the Loan Documents to which it is a party. (i) Representations, statements, and other matters provided by the Borrower relating to those activities of the Project to be completed by the Borrower, which were contained in the Grant Application, were true and complete in all material respects as of the Rev. February 2017 date of submission to the Lender and such representations, statements, and other matters are true as of the date of this Loan Agreement and there are no adverse material changes in the financial condition of the Borrower's business. (j) The Borrower acknowledges that the State, in selecting the Lender as recipient of the Grant, relied in material part upon the assured completion of the Project to be carried out by the Borrower, and the Borrower warrants that said Project will be carried out as promised. (k) The Borrower warrants that to the best of its knowledge, it has obtained all federal, state, and local governmental approvals, reviews, and permits required by law to be obtained in connection with the Project and has undertaken and completed all actions necessary for it to lawfully execute this Loan Agreement as binding upon it. (I) The Borrower warrants that it shall keep and maintain books, records, and other documents relating directly to the Other Project Funds, and that any duly authorized representative of the State shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all such books, records, and other documents of the Borrower for six years after the expiration of the Loan Agreement or until such time that the Lender and the State have both determined that all issues, requirements, and close-out procedures relating to or arising out of the Loan have been settled and completed, whichever is later. (m) The Borrower warrants that no transfer of any or all of the Loan Proceeds by the Lender to the Borrower shall be or be deemed an assignment of loan proceeds, and the Borrower shall neither succeed to any rights, benefits, or advantages of the Lender under the Grant Contract, nor attain any right, privileges, authorities, or interest in or under the Grant Contract. Section 4.3. Affirmative Covenants. Borrower further warrants and agrees that: (a) It has sufficient funds to complete the purposes of the Project and sufficient capacity to administer the Project. (b) The Project will be performed in full compliance with all applicable federal, state and local laws, regulations, rules and ordinances, which include but are not limited to all applicable environmental laws, regulations and rules. (c) Borrower agrees to submit reports required in Article 7 and Article 8. ARTICLE 5 Events of Default and Rights and Remedies Section 5.1. Events of Default. Any one or more of the following events shall be deemed and shall constitute an "Event of Default": Rev. February 2017 7 (a) The interest or principal due under the Promissory Note, or any other payments due and payable under this Loan Agreement or any other document referred to herein, are not paid when due and such nonpayment is not remedied within ten (10) business days after written notice thereof to the Borrower by the Lender; (b) The Borrower is in breach of any of the requirements, terms, conditions, covenants or other agreements in the Loan Documents and remains in breach in any material respect for thirty (30) business days after written notice thereof to the Borrower by the Lender; provided, however, that if such breach shall reasonably be incapable of being cured within such thirty (30) business days after notice, and if the Borrower commences and diligently prosecutes the appropriate steps to cure such breach, no default shall exist so long as the Borrower is proceeding to cure such breach in reasonable period of time; (c) Any representation or warranty made by the Borrower in the Loan Documents, any other document referred to in such documents, or any financial statement, certificate, or report furnished pursuant to this Loan Agreement, or any representation or warranty made order to induce the Lender to close the Loan or disburse the Loan Proceeds, which proves to have been untrue in any material respect or materially misleading as of the time such representation or warranty was made. (d) Borrower shall make an assignment for the benefit of its creditors, or shall be dissolved, or shall commit an act of bankruptcy under the United States Bankruptcy Act (as now or hereafter amended), or shall admit in writing its inability to pay its debts as they become due, or shall file a petition in bankruptcy, or shall become or be adjudicated as bankrupt or insolvent, however defined, or shall file a petition seeking any reorganization, dissolution, liquidation, arrangement, composition, readjustment or similar relief under any present or future bankruptcy or insolvency statute, law or regulation, or shall file an answer admitting to or not contesting the material allegations of a petition filed against it in such proceedings, or shall not, within 60 days after the filing of such a petition against it, have the same dismissed or vacated, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of a material part of its properties, or shall not, within 60 days after the appointment (without its consent or acquiescence) of a trustee, receiver or liquidator of any material part of its properties, have such appointment vacated. (e) A court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Borrower seeking any reorganization, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or any trustee, receiver or liquidator of such entity, shall be appointed without the consent or acquiescence of State. (f) Borrower shall refuse to allow DEED, at any reasonable time and upon prior written notice, to inspect, audit, copy or abstract, any and all of its books, records, papers or other documents relevant to the Borrower's use of the Loan Proceeds. Rev. February 2017 8 (g) Borrower shall refuse to allow the Minnesota Legislative Auditor or the State Auditor for the State of Minnesota, at any reasonable time and upon prior written notice, to inspect, audit, copy or abstract, any and all books referred to in Section 5.1(f). (h) Borrower shall fail to provide annual reporting information as described herein. (i) The Borrower sells, conveys, transfers, encumbers, or otherwise disposes of all or any part of the Development Property or the Equipment without the prior written approval of the State and Lender; (j) The Borrower merges or consolidates with any other entity without the prior written approval of the Lender; (k) There is a loss, theft, substantial damage, or destruction of all or any part of the Development Property or the Equipment that is not remedied to the Lender's satisfaction within sixty (60) business days after written notice thereof by the Lender to the Borrower; or (I) The Borrower is in breach of the requirements of Article 7 and Article 8, the Business Subsidy Agreement and Progress Reporting. (m) The occurrence of any other act or event that is noncompliant under the MIF program. Section 5.2. Rights and Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the Lender, the Lender may, at its option, exercise any and all of the following rights and remedies (as well as any other rights and remedies available to it): (a) The Lender may, by notice in writing to the Borrower, refrain from disbursing any of the Loan Proceeds; provided, however, the Lender may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder, or waiving its right to make any additional disbursements. (b) The Lender may, by written notice to the Borrower, declare immediately due and payable all principal and interest due under the Promissory Note, together with all other sums payable under the Loan Documents and the same shall thereupon be immediately due and payable without presentment or other demand, protest, notice of dishonor or any other notice of any kind, all of which are hereby expressly waived. (c) The Lender shall have the right, in addition to any other rights provided by law or equity, to enforce its rights and remedies under the Loan Documents. (d) The Lender shall have the right, in addition to any other rights provided by law or Rev. February 2017 9 equity, to initiate litigation for the breach of any term, condition, covenant, requirement or provision contained in the Loan Documents, and to recover damages for such breach. (e) The Lender shall have the right, in addition to any other rights provided by law or equity, to apply to any court, state or federal, for specific performance of any term, condition, covenant, requirement or provision contained in the Loan Documents; for an injunction against any violation of any such term, condition, covenant, requirement and/or provision; or for such other relief as may be appropriate, since the injury to the Lender arising from a default under any of the terms, conditions, covenants requirements and/or provisions of the Loan Documents, would be irreparable and the amount of damage would be difficult to ascertain. Section 5.3. Rights and Remedies Cumulative. The rights and remedies of the parties to this Loan Agreement, whether provided by operation of law or by this Loan Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not be construed to preclude or waive its right to exercise, at the same or different times, any of the other such remedies for the same default or breach, or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, manner or time thereof, of any obligation of the other party or any condition to its own obligation under this Loan Agreement or any document referred to herein, shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. No delay or failure by either party to exercise any right or remedy shall be a waiver of such right or remedy, and no single or partial exercise by either party of any right or remedy shall preclude other or further exercise thereof for the exercise of any other right or remedy at any other time. Section 5.4. Collection. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the Lender and State, Borrower agrees to pay all costs and expenses of the Lender, including, but not limited to, reasonable attorney's fees, in the collection of any of the obligations or the enforcement of any of the Lender's rights. If any notice of sale, disposition or other intended action by the Lender is required by law to be given to Borrower, such notice shall be deemed reasonably and properly given if mailed to Borrower at the address specified in Section 9.1, or at such other address of Borrower as may be shown on the Lender's records, at least 15 days before such sale, disposition or other intended action. The Lender shall have the right as its option and without demand or notice, to declare all or any part of the Loan immediately due and payable, and in addition to the rights and remedies granted hereby, the Lender shall have all of the rights and remedies available under the Uniform Commercial Code and any other applicable law. Rev. February 2017 10 Section 5.5. Assignment. If, prior to the Termination Date, the Borrower sells, conveys, transfers, further mortgages or encumbers, or disposes of the Development Property, or any part thereof or interest therein, or enters into an agreement to do any of the foregoing, the Borrower shall immediately repay all amounts then outstanding on the Loan. This shall be in addition to any other remedies at law or equity available to the Lender. Section 5.6. Appointment for Foreclosure. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the Lender and State, Borrower agrees that the Lender may appoint an individual or entity to handle the default proceedings. ARTICLE 6 Disbursement Provisions Section 6.1. Payment Requisition Documentation. The Lender will disburse the loan funds upon receipt and approval by the Lender and the State of the following documentation: (a) This Loan Agreement, fully executed; (b) Evidence of equity injection in the amount of $25,000,000; (c) Security Agreement; UCC filling; (d) Promissory Notes, fully executed (e) Invoices for items funded by the Loan and $5,000,000 matching funds. (f) Documentation of total project expenditures will be required prior to final disbursement of MIF funds. (g) The Borrower shall maintain insurance in adequate amounts covering loss or damage to the collateral. The Lender must be listed as loss payee. (h) Evidence that equipment or other items purchased with the Loan are in the Jurisdiction. Upon receipt of such information, the Loan funds will be disbursed upon approval of the lender and DEED in a lump sum. Section 6.2. Review of Documents. The Borrower shall not be entitled to any disbursement of loan proceeds until the Lender's legal counsel and the State have reviewed and approved this Loan Agreement and the exhibits attached hereto. Section 6.3. Adverse Changes. The Lender and the State will not authorize disbursement of funds if there has been any material adverse change in the Borrower's financial condition, organization, operations or their ability to repay the project financing. Rev. February 2017 ARTICLE 7 11 Progress Reporting Section 7.1. Progress Information. The Borrower shall provide to the Lender information for incorporation into the Minnesota Investment Fund progress reports, as required by the State and as needed by the Lender, to monitor the Project for compliance with State and Lender guidelines. This information must be provided until the project goals have been met or until the Compliance Date, whichever is later. At the discretion of the State or Lender additional reporting may be required. This information must be submitted to the Lender no later than: (a) January 15, 2018 for the period ending December 31, 2017; (b) January 15, 2019 for the period ending December 31, 2018; (c) January 15, 2020 for the period ending December 31, 2019; (d) January 15, 2021 for the period ending December 31, 2020; (e) Fifteen days after the Compliance Date. Section 7.2 Documentation to be provided to the Lender: (a) Project status and the status of payments. (b) Additional Leverage. The Borrower must provide to the Lender invoices, sworn construction statements, and or any other information, with each progress report, to document Other Project Funds in addition to the originally included project costs. (c) Job Creation Documentation. The Borrower shall provide to the Lender information on the hiring of each New Job on forms provided by the Lender. This information must include: (1) Permanent jobs created; (2) Job title of each New Job; (3) Date of hire of each new employee; (4) Hourly base wage paid; (5) List of Benefits provided; and (6) Hourly value of Benefits paid. (d) Payroll Report. A formal payroll report verifying job information will be due at the Compliance Date. ARTICLE 8 Business Subsidy Agreement and Reporting Section 8.1. Business Subsidy Agreement. The provisions of this Section constitute the "Business Subsidy Agreement" for purposes of the Minnesota Business Subsidy Act (Minn. Stat. § 116J.993 — § 116J.995 and its successor statute.) Rev. February 2017 12 (a) The Borrower acknowledges and agrees that the provisions of Minnesota's Business Subsidy Act apply to this Agreement, as Borrower is receiving under the terms of this Agreement government assistance. (1) The subsidy provided to the Borrower includes the $1,000,000 Loan made hereunder which will be used for purchase of machinery and equipment and related project costs. (2) The public purposes and goals of the subsidy are to increase net jobs in the City. (3) The goals for the subsidy are to create jobs that pay a livable wage, per Section 7.1(b) of this Agreement. (4) If the goals are not satisfied, the Borrower shall make payment to the Lender as required in Section 2.3. (5) The subsidy is needed because return on investment makes the Project economically infeasible without the Loan. (6) The Borrower must continue operations in the jurisdiction for at least five years following the Benefit Date. (7) The Borrower does not have a parent corporation. (b) On the Compliance Date, the Borrower shall have: (1) Maintained 2096 permanent, non -contract, non -seasonal FTE jobs; and (2) Created at least 200 New Jobs at the Development Property. The New Jobs must pay a base cash wage of at least $15.00 per hour (exclusive of Benefits) plus a Benefit package sufficient for these New Jobs at a value of at least $5.00 per hour. However, whether or not the wages include Benefits, the total Compensation Package shall be at least $20.00 per hour. New Jobs created after the March 14, 2017 (Effective Date or other date) will count toward the Borrower's job creation goal. (3) Borrower will provide evidence satisfactory to the State to verify FTE jobs goals and wage requirements have been satisfied. Section 8.2. Default on Business Subsidy Act Requirements. (a) If the Borrower fails to meet the job creation goal and wage level commitment on the Compliance Date, the Lender may, after holding a public hearing, extend the Compliance Date for one year, after approval from the State. If after the extension, the Borrower fails to meet the job creation goal and wage commitment, the Borrower will be required to repay to the Lender a pro rata share of the Loan principal at $5,000 per FTE job not created, plus interest as defined in Section 8.2 (b) at an accelerated rate. (b) In an Event of Default arising from a breach by the Borrower of any provision of Section 8.1 of this Loan Agreement, if the implicit price deflator for government consumption expenditures and gross investment for state and local governments prepared by the Bureau of Rev. February 2017 13 Economic Analysis of the United States Department of Commerce for the 12 -month period ending March 31st of the previous year, exceeds three percent (3.00)% on the date of the earliest such Event of Default, the Borrower shall, in addition to any other payment required hereunder, pay to the Lender the difference between the present value of the interest actually paid and accrued on the Loan as of the date of the payment required by this Section 8.2 and the amount of interest that would have been paid and accrued on the Loan if the interest rate of the Loan at all times had been equal to the implicit price deflator on the date of the earliest Event of Default; (c) Interest required in Section 8.2 (b) shall commence to accrue as of the Initial Disbursement Date; (d) Nothing in this Section 8.2 shall be construed to limit the Lender's rights or remedies under any other provision of this Loan Agreement, and the provisions of Section 8.2 are in addition to any other such right or remedy the Lender may have available. (e) The Borrower shall provide to the Lender information regarding job and wage goals and results for two years after the Benefit Date or until the goals are met, whichever is later. This reporting requirement will expire if the goals are met on the Compliance Date. If the goals are not met, the Borrower must continue to provide information on the Loan until the Loan is repaid. The information must be filed on the Non-JOBZ Minnesota Business Assistance form as found on the MN Department of Employment and Economic Development website and shall include the following: (1) the type, public purpose, and amount of subsidies and type of district, if the subsidy is tax increment financing; (2) the hourly wage of each job created with separate bands of wages; (3) the sum of the hourly wages and cost of health insurance provided by the employer with separate bands of wages; (4) the date the job and wage goals will be reached; (5) a statement of goals identified in the subsidy agreement and an update on achievement of those goals; (6) the location of the recipient prior to receiving the business subsidy; (7) the number of employees who ceased to be employed by the recipient when the recipient relocated to become eligible for the business subsidy; (8) why the recipient did not complete the project outlined in the subsidy agreement at their previous location, if the recipient was previously located at another site in Minnesota; (9) the name and address of the parent corporation of the recipient, if any; (10) a list of all financial assistance by all grantors for the project; and (11) other information the commissioner may request. (f) This information must be provided to the Lender no later than March 1 of each year for the previous year. If the Borrower does not submit the report, the Lender shall mail the Borrower a warning within one week of the required filing date. If, after 14 days of the Rev. February 2017 14 postmarked date of the warning, the Borrower fails to provide a report, the Borrower must pay to the Lender a penalty of $100 for each subsequent day until the report is filed. The maximum penalty shall not exceed $1,000. ARTICLE 9 Other Conditions Section 9.1. Project Time Frame. The time frame outlined in the Grant Application and Grant Contract pertaining to the Project shall be met by the Borrower. Section 9.2. Promissory Note. The Borrower shall execute a Promissory Note in substantially the form set forth by the State. Section 9.3. Collateral. The Borrower shall furnish the Lender Description of collateral. Section 9.4. Annual Financial Statements. For the term of the Loan, upon request of the Lender, the Borrower shall submit the most recent annual financial statement prepared in accordance with generally accepted accounting principles. The annual financial statements shall include a profit and loss statement, balance sheet, and statement of cash flow, notes and an opinion from the accountants of such statements acceptable to the Lender. Section 9.5. Discrimination on Account of Race, Creed, or Color. The provisions of Minn. Stat. § 181.59 and any successor statutes, which relate to civil rights and discrimination, shall be considered a part of this Loan Agreement as though wholly set forth herein and the Borrower shall comply with each such provision throughout the term of this Loan Agreement. Section 9.6 Affirmative Action. The Grantee is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled. Section 9.7. Job Listing Agreement. (Minn. Stat. § Section 116L.66 and any successor statutes). When the Loan is for $200,000 or more, the Borrower shall enter into a Job Listing Agreement with the local Workforce Development Center, MN Department of Employment and Economic Development. Section 9.8. Prevailing Wage. If the Borrower is awarded $500,000 or more of loan proceeds and the Loan is used for construction, installation (including equipment), remodeling and or repairs, the Borrower shall fully and completely comply with all applicable prevailing wage requirements contained in Minn. Stat. § 116J.871 and § 177.42, subd. 6. (a) Documentation. The Borrower shall maintain or ensure access to all documentation necessary to establish that the required prevailing wage was paid and shall allow the Lender, the Commissioner of the Department of Labor and Industry and the State reasonable access to such data. Rev. February 2017 15 (b) Penalty. It is a misdemeanor for the Borrower, who has certified that prevailing wages will be paid to laborers and mechanics to subsequently fail to pay the prevailing wage. Each day a violation of this subdivision continues is a separate offense. Section 9.9. Surety Deposits Required for Construction Contracts. If the Loan is used for construction, and the Borrower is hiring, contracting, or having a contract with a nonresidential person or foreign corporation to perform construction work, the Borrower must comply with Minnesota Statutes 290.9705, as amended, by deducting and witholding eight percent of cumulative calendar year payments to the contractor which exceeds $50,000. This condition may be waived if (1) the contractor gives the commissioner a cash surety or a bond, secured by an insurance company licensed by Minnesota, conditioned that the contractor will comply with all applicable provisions of this chapter and chapter 297A, or (2) the contractor has done construction work in Minnesota at any time during the three calendar years prior to entering the contract and has fully complied with all provisions of this chapter and chapter 297A for the three prior years. Section 9.10. Publicity and Endorsement (a) Publicity. Any publicity regarding the subject matter of this Loan Agreement must identify the State as the sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Borrower individually or jointly with others, or any subcontractors, with respect to the MIF Program, publications, or services provided resulting from this Grant Contract. (b) Endorsement. The Lender and the Borrower must not claim that the State endorses its products or services. Section 9.11. Workers Compensation Insurance. The Borrower has obtained workers compensation insurance as required by Minn. Stat. § Section 176.181, subd. 2. The Borrower's workers compensation insurance information is as follows: (a) Company Name: Hayes Companies (b) Policy Number: 41WNS50900 & 41WBRS50901 (c) Local Agent: Ross Nerison Section 9.12. Effect on Other Agreements. Nothing in this Loan Agreement shall be construed to modify any term of any other agreement to which the Lender and the Borrower are parties. Rev. February 2017 16 Section 9.13. Release and Indemnification Covenants. Except for any breach of the representations and warranties of the Lender or the negligence or other wrongful act or omission of the following named parties, the Borrower agrees to protect and defend the Lender and the governing body members, officers, agents, servants, and employees thereof, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the acquisition, construction, installation, ownership, maintenance, and operation of the Project and the Borrower's activities on the Development Property. Section 9.14. Modifications. This Loan Agreement may be modified solely through written amendments hereto executed by the Borrower and the lender and approved by the State. Section 9.15. Notices and Demands. Any notice, demand, or other communication under this Loan Agreement by either party to the other shall be sufficiently given or delivered only if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: (a) as to the Lender: City of Eagan ATTN: Jill Hutmacher Director of Community Development 3830 Pilot Knob Road Eagan, MN 55121 (b) as to the Borrower: Prime Therapeutics LLC Attn: Liz Frank 1305 Corporate Center Drive Eagan, MN 55121 or at such other address with respect to any party as that party may, from time to time, designate in writing and forward to the others as provided in this Section 9.15. Section 9.16 Conflict of Interests; Representatives Not Individually Liable. (a) No employee, officer or agent of the Lender shall participate in the administration of a contract supported by this loan if a conflict of interest, real or apparent, would be involved. No employee, officer or agent of the Lender may obtain a financial interest in any agreement with respect to the Loan. No employee, officer, or agent of the Lender shall be personally liable to the Borrower or any successor in interest in the event of any default or breach by the Lender or for any amount that may become due to the Borrower or on any obligation or term of this Loan Agreement. (b) To the best of the Borrower's knowledge, no member, officer, or employee of the Lender, or its officers, employees, designees, or agents, no consultant, member of the governing body of the Lender, and no other public official of the Lender, who exercises or has Rev. February 2017 17 exercised any functions or responsibilities with respect to the Project during his or her tenure shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project or in any activity, or benefit there from, which is part of the Project. Section 9.17. Binding Effect. The covenants and agreements in this Loan Agreement shall bind and benefit the heirs, executors, administrators, successors, and assigns of the parties to this Loan Agreement. Section 9.18. Provisions Not Merged With Deed. None of the provisions of this Loan Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Loan Agreement. Section 9.19. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Loan Agreement are inserted only for convenience of reference and shall be disregarded in construing or interpreting any of its provisions. Section 9.20. Counterparts. This Loan Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 9.21. Choice of Law and Venue. This Loan Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to its conflict of laws provisions. Any disputes, controversies, or claims arising out of this Loan Agreement shall be heard in the state of Minnesota, and all parties to this Loan Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. Section 9.22. Waiver. The failure or delay of any party to take any action or assert any right or remedy, or the partial exercise by any party of any right or remedy shall not be deemed to be a waiver of such action, right, or remedy if the circumstances creating such action, right, or remedy continue or repeat. Section 9.23. Entire Agreement. This Loan Agreement, with the exhibits hereto, constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations, and understandings of the parties pertaining to the subject matter of this Loan Agreement. Section 9.24. Separability. Wherever possible, each provision of this Loan Agreement and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Loan Agreement or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Loan Agreement or any other related document. Rev. February 2017 18 Section 9.25. Immunity. Nothing in this Loan Agreement shall be construed as a waiver by the Lender of any immunities, defenses, or other limitations on liability to which the Lender is entitled by law, including but not limited to the maximum monetary limits on liability established by Minn. Stat. § Chapter 466. IN WITNESS WHEREOF, the Lender has caused this Loan Agreement to be duly executed in its name and behalf and the Borrower has caused this Loan Agreement to be duly executed in its name and behalf as of the date first above written. Lender: CITY OF EAGAN By Mike Maguire Its: Mayor By Christina M. Scipioni Its: Clerk Borrower: Prime Therapeutics LLC By Its By Its Rev. February 2017 19 Rev. February 2017 EXHIBIT A Legal Description of Development Property Lot 1, Block 1, Boulder Lakes 3rd Addition 20 EXHIBIT B Equipment List To be provided prior to the delivery of the Loan Proceeds. Rev. February 2017 21 Rev. February 2017 EXHIBIT C Grant Contract 22 STATE OF MINNESOTA GRANT CONTRACT DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT DIVISION Minnesota Investment Fund Grant Contract Grant Number: CDAP-17-0002-H-FY17 Grant Amount: $1, 000,000 Grantee: City of Eagan Borrower: Prime Therapeutics LLC This Grant Contract is between the State of Minnesota, acting through the Department of Employment and Economic Development, Economic Development Division, 332 Minnesota St., Suite E200, St. Paul, MN 55101 ("STATE") and City Eagan, 3830 Pilot Knob Road, Eagan, MN 55122 ("GRANTEE"). Recitals 1. Under Minn. Stat. §116J.993 and 116J.994 which established the guidelines for providing business subsidies, and 116J.8731, which established the Minnesota Investment Fund, the State is empowered to enter into this Grant Contract. 2. The State is in need of local government to administer financial assistance to eligible projects in accordance with Minn. Stat. § 116J.8731 Minnesota Investment Fund; Minnesota Rules Chapter 4300; and policies and procedures developed by the State. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Contract to the satisfaction of the State. 4. The Grantee and State are entering into this Grant Contract for public purposes that include the creation or retention of jobs that pay quality wages, the enhancement of economic growth in the State of Minnesota and the expansion of the tax base of the local community where the business will locate or expand. Defined Terms Defined terms. As used in this Grant Contract, the following terms shall have the meanings set out respectively after such term ( the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: "Application" means the Grantee's application to the State for a Minnesota Investment Fund award for the purpose of providing a loan to Prime Therapeutics LLC ("BORROWER"). Rev. Feb. 2017 1 "Benefit Date" means the date equipment financed through a Minnesota Investment Fund loan is fully operational or the date a building certificate of occupancy is issued for real property financed through a Minnesota Investment Fund loan as defined in Section 1.2 of the Term of Agreement on page two of this Grant Contract. "Compliance Date" is the date two years from the Benefit Date at which job creation and wage goals by the Borrower must be completed. "Full -Time Equivalent (FTE)" is one or more people working a sum of 2,080 hours in a calendar year. "Loan Agreement" is a document between the Grantee and Borrower defining the terms and conditions of the Loan. 1. Term of Agreement 1.1 Effective Date: March 14, 2017 Per Minn. Stat. § 168.98 subd. 5 and Minn. Stat. § 168.98 subd. 7, no payments will be made to the Grantee until this Grant Contract is fully executed. 1.2 Benefit Date: September 1, 2018 1.3 Compliance Date: September 1, 2020 1.4 Expiration Date: December 1, 2020 1.5 Survival of Terms. The following clauses survive the expiration or cancellation of this Grant Contract: 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction and Venue; 15. Data Disclosure; and Exhibit A 4. Repayments. 2. Grantee's Duties The Grantee, who is not a State employee, will: 2.1 Perform the duties specified in Exhibit A which is attached and incorporated into this Grant Contract. 2.2 Include in any contract and sub -grant, including the Loan Agreement with the Borrower, in addition to provisions that define a sound and complete agreement, such provisions that require contractors, sub -grantees and the Borrower to comply with applicable state and federal laws. 2.3 Ensure that all contractors and subcontractors performing work covered by this Grant are paid for their work that is satisfactorily completed. 2.4 Grantee shall make all reasonable efforts to collect and shall bear all costs associated with monitoring, servicing, reporting, and enforcing the terms of the Loan Agreement. Rev. Feb. 2017 2 3. Time The Grantee must comply with all of the time requirements described in this Grant Contract. In the performance of this Grant, time is of the essence. 4. Consideration of payment 4.1 Consideration. The State will pay the Grantee under this Grant Contract as follows: a) Compensation. The Grantee will be reimbursed according to the approved Budget contained in Exhibit B, which is attached and incorporated into this Grant Contract. b) Total Obligation. The total obligation of the State for all compensation and reimbursement to the Grantee under this Grant Contract will not exceed $1,000,000. 4.2 Payment Request. The State will disburse funds to the Grantee pursuant to this Grant Contract, based upon payment requests submitted by the Grantee and reviewed and approved by the State. All funds must be disbursed within a twelve-month period of the Intial Disbursement Date with a maximum of three disbursements. Payment requests must be accompanied by supporting invoices that relate to the activities in the approved budget and the documentation detailed in Section 4.3 of this Grant Contract. The State will provide payment request forms. If the Grantee has received invoices from the Borrower for expenditures made after Effective Date of this Grant Contract but before the Grant is closed or until all funds are disbursed, whichever is earlier, the Grantee shall submit those invoices to the State for review and approval no later than 25 days after the end date of the state fiscal year of June 30th. To ensure that all funds are drawn down by the expiration date of the Grant Contract, all Grantee payment requests must be received by the State at least 30 days prior to the Expiration Date. 4.3 Documentation. The following information must be submitted and approved by the State before funds will be released: a) Loan Documents. Minnesota Investment Fund Loan Agreement, promissory note, , and evidence of security filings (security agreement with UCC filing) b) Lender Documents. Documentation that participating lenders and or equity injections have closed on their financing: a. Evidence of equity injection in the amount of $25,000,000. b. Invoices for $5,000,000 project purchases. c) Invoices. Eligible costs include the costs identified in Exhibit B of this Grant Contract that are incurred during the Grant contract period d) Eligible Costs. Eligible costs include the costs identified in Exhibit B of this Grant Contract that are incurred during the contract period for equipment or real estate in the corporate boundaries of the Grantee. 5. Conditions of Payment. Rev. Feb. 2017 3 All services provided by the Grantee under this Grant Contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state or local law. The State will not authorize disbursement of funds if there has been any adverse change in the Borrower's financial condition, organization, operations, or their ability to repay the project financing. Funds must be disbursed to the Borrower within 21 days of receipt of MIF money. 6. Authorized Representative. The State's Authorized Representative is Abdullahi Mohamed, Senior Loan Officer, 1st National Bank Building, 332 Minnesota Street, Suite E200, St. Paul, MN 55101, 651-259- 7456, Abdullahi.Mohamed@state.mn.us, , or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this Grant Contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each payment request form submitted for payment. The Grantee's Authorized Representative is Jill Hutmacher, City of Eagan Community Development Director, 3830 Pilot Knob Road, Telephone:651-675- 5653, jhutmacher@cityofeagan.com, or his/her successor. If the Grantee's Authorized Representative changes at any time during this Grant Contract, the Grantee must immediately notify the State. 7. Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this Grant Contract without the prior written consent of the State, approved by the same parties who executed and approved this Grant Contract, or their successors in office. 7.2 Amendments. Any amendment to this Grant Contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Grant Contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this Grant Contract, that failure does not waive the provision or the State's right to enforce it. 7.4 Grant Contract Complete. This Grant Contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this Grant Contract, whether written or oral, may be used to bind either party. Where provisions of the Application are inconsistent with the other provisions of this Grant Contract, the other provisions of this Grant Contract will take precedence over the provisions of the Application. Rev. Feb. 2017 4 8. Liability Subject to the provisions and limitations of Minn. Stat. § 466, the Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this Grant Contract by the Grantee or the Grantee's agents or employees. This Clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this Grant Contract. 9. State Audit Under Minn. Stat. § 166.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Contract or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of seven (7) years from the end of this Grant Contract, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10. Government Data Practices 10.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. § Ch. 13, as it applies to all data provided by the State under this Grant Contract, as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of data referred to in this Clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee's response to the request shall comply with all applicable law. 11. Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12. Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this Grant Contract must identify the State as the sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Grant Contract. Rev. Feb. 2017 5 12.2 Endorsement. The Grantee and the Borrower must not claim that the State endorses its products or services. 13. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this Grant Contract. Venue for all legal proceedings out of this Grant Contract, or its breach, must be in the appropriate state court with competent jurisdiction in Ramsey County, Minnesota. 14. Termination 14.1 Termination by the State. The State may immediately terminate this Grant Contract with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro -rata basis for approved costs incurred. 14.2 Termination for Cause. The State may immediately terminate this Grant Contract if the State finds that there has been a failure to comply with the provisions of the Grant Contract, legal documents required for disbursement have not been executed within 90 days of execution of this Grant Contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to distribute additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding. The State may immediately terminate this Grant Contract if: a) It does not obtain funding from the Minnesota Legislature; b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or electronic notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment determined on a pro -rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of lack of funding within a reasonable time of the State's receiving that notice. 15. Data Disclosure Rev. Feb. 2017 Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state agencies and state personnel involved with the payment of state obligations. These identification numbers may be used in the enforcement of federal 6 and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 16. Conflict of Interest Rev. Feb. 2017 Other Provisions The STATE will take steps to prevent individual and organizational conflicts of interest in reference to Grantees per Minn.Stat.§166.98 and Department of Administration, Office of Grants Management, Policy Number 08-01 Conflict of Interest Policy for State Grant -Making. When a conflict of interest concerning State grant -making is suspected, disclosed, or discovered, transparency shall be the guiding principle in addressing it. Organizational conflicts of interest occur when: • a Grantee is unable or potentially unable to render impartial assistance or advice to the State due to competing duties or loyalties. • a Grantee's objectivity in carrying out the grant is or might be otherwise impaired due to competing duties or loyalties. • a Grantee has an unfair competitive advantage through being furnished unauthorized proprietary information or source selection information that is not available to all competitors. Organizational conflicts include any individual part of the Grantee. Individual conflicts of interest occur when: • a Grantee uses his/her status or position to obtain special advantage, benefit, or access to the Grantee's time, services, facilities, equipment, supplies, badge, uniform, prestige, or influence. • a State employee is an employee or board member of a Grantee that is an immediate family member of an owner, employee or board member of the Grantee. The State and the Grantee must act immediately upon any suggestion, inquiry, or intimation that an individual or organizational conflict of interest exists at any point in the grant process. Steps must be taken to identify and avoid or mitigate any potential conflicts. The conflict of interest guidelines continue throughout the life of the grant agreement. The GRANTEE must complete and submit a Conflict of Interest Disclosure Form indicating whether or not a perceived, potential, or actual conflict of interest exists. If the GRANTEE identifies an actual, potential or perceived conflict of interest on the form, the GRANTEE must identify and submit its conflict of interest avoidance or 7 mitigation plan. The STATE will review the form and the GRANTEE's individual or organizational conflict of interest avoidance or mitigation plan and other relevant facts, if needed, to determine if an actual, potential or perceived conflict of interest exists, as defined by policy or other relevant law. If it does, the STATE will pursue appropriate actions to mitigate, neutralize, or avoid the potential, perceived or actual individual or organizational conflicts of interest. These may include, but not be limited to, termination of the grant agreement; disqualification from future State grant awards, if it is determined that it improperly failed to disclose a known individual or organizational conflict of interest or misrepresented information regarding such conflict; revising the GRANTEE's duties so that the conflict is mitigated; allowing the GRANTEE to propose the exclusion of task areas that create a conflict, if appropriate; allowing the individual with the conflict to be removed from taking any actions in relation to the grant agreement. In cases where a perceived, potential, or actual individual or organizational conflict of interest is suspected, disclosed, or discovered by the GRANTEE throughout the life of the grant agreement, they must immediately notify STATE for appropriate action steps to be taken, as defined above. Grantee is responsible for enforcement of this conflict of interest provision for any and all sub -grantees / sub -recipients of funding under this grant agreement. When a grantee gives funds to any sub -grantees or sub -recipients, DEED's conflict of interest requirements must be included in the grant agreements with any and all sub - grantees or sub -recipients and with all additional tiers of sub -grantees or sub - recipients. All of the above provisions apply to any sub -grantees and applicable language must be included in the grantee / sub -grantee agreements. 17. Successors and Assignees This Grant Contract shall be binding upon any successors or assignees of the parties. 18. Minnesota Business Subsidy Law This Grant Contract must comply with the Minnesota Business Subsidy Law, Minn. Stat §§ 116J.993 -116J.995 as applicable. 19. Affirmative Action The Grantee is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled. 20. Discrimination on Account of Race, Creed, or Color The provisions of Minn. Stat. § 181.59 and any successor statutes, which relate to civil rights and discrimination, shall be considered a part of this Agreement as though wholly set forth herein and the Borrower shall comply with each such provision throughout the term of this Agreement. Rev. Feb. 2017 8 Rev. Feb. 2017 9 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. § §16A.15 and 16C.05. Signed: Date: SWIFT Contract/PO No(s) By: (with delegated authority) Title: Date: 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk Distribution: Agency Grantee State's Authorized Representative — Photo Copy Rev. Feb. 2017 10 EXHIBIT A GRANTEE DUTIES The Grantee, who is not a State employee, will, 1. Administer the project in accordance with the requirements of the Minnesota Investment Fund Program, Minn. Stat. § 116.1.8731; Minn. Rules, Chapter 4300; and policies and procedures developed by the State. 2. Enter into a Loan Agreement with the Borrower for $1,000,000. 3. and assure the following conditions are included in such Agreement: 3.1 Conditions a) Loan Term: Compliance Date. b) Interest Rate: 3% if the Forgivable loan goals are not satisfied on the Compliance date. c) Collateral: security Agreement with UCC filing on machinery and equipment. 3.2 Job Creation and Wages a) The Borrower identified 2096 full time equivalent (FTE) base jobs that must be maintained until the Compliance Date. b) The Borrower will create 200 new permanent non -contract FTE jobs, all paying at least $15.00 or per hour or more in wages, exclusive of benefits, and $20.00 per hour including benefits. Benefits are defined as one or more of the following: health, dental, life and disability insurance, retirement program and profit sharing paid by the Borrower. c) If the Borrower fails to meet the job creation and wage goal level commitments on the Compliance Date, the Grantee may, after holding a public hearing, extend the grant period for one year from the Compliance Date, after approval by the State. If, after the extension, the Borrower fails to meet the job creation goal and wage level commitment, the Borrower will be required to repay the Grantee a proportional share of the Loan funds in the amount of $5,000 per FTE job not created on an accelerated term plus accrued interest. The Grantee will then also be required to return to the State all or a proportional share of the Loan funds plus accrued interest. d) Borrower will provide evidence satisfactory to the State to verify FTE jobs goals and wage requirements have been satisfied. 3.3 Loan Forgiveness a) If the job creation goals and wage level commitments detailed in Sections 3.2 (a) and Section 3.2 (b) of Exhibit A are satisfied on the Compliance Date, the Loan Rev. Feb. 2017 11 will be forgiven. If the goals are not met by the Compliance Date, the Grantee may request an extension after holding a public hearing, extend the grant period for up to one year from the Compliance Date, with approval of extension by the Grantee and State. If the goal are not met after the extension the State will claw back based on section 3.2 (c). 3.4 Payment of Prevailing Wages to Contractors Minn. Stat. § 116J.871 applies if a business receives $500,000 or more in State loan funds and the State funds are used for construction, installation (including equipment), remodeling and repairs. 3.5 Surety Deposits Required for Construction Contracts Minn. Stat. § 290.9705, pertains to foreign corporations that perform construction work in Minnesota and applies if state funds are used for construction. 3.6 Job Listing Agreement Minn. Stat. § 1161L.66, subd. 1, applies when a business or private enterprise receives $200,000 or more per year in funds from the State. When applicable, the business or private enterprise shall agree to enter into a Job Listing Agreement with the MN Department of Employment and Economic Development. 4. Require the Grantee's attorney to review the loan agreement, promissory note, security agreement, and/or other documents, if any, considered necessary to secure the loan to ensure they are valid, binding and enforceable. 5. Reporting a) Minnesota Investment Fund 1) Submit to the State annual progress reports on forms provided by the State until the project goals have been met or until the Compliance Date, whichever is later. There reports must be submitted January 25th of each year for the period ending December 31, for as long as the project remains open. 2) The final report must be submitted no later than 15 days after the Compliance Date. 3) The State, at its discretion, may require the submittal of additional progress reports. 4) Information required in this report includes, but is not limited to the following: • Permanent jobs created • Hourly base wage • Date of hire • Job titles • Hourly value of benefits • Benefits provided Rev. Feb. 2017 12 • Project expenditures • Status of project • Status of payments b) Minnesota Business Assistance Form 1) Submit to the MN Department of Employment and Economic Development, Office of Economic Analysis, no later than April 1st of each year until the project goals have been met. 6. Keep financial records, including properly executed contracts, invoices, receipts, vouchers, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures made pursuant to this contract. Accounting methods must be in accordance with generally accepted accounting principles. 7. Complete the project in accordance with the approved budget within the time frames specified in this Grant Contract. 8. Promptly notify the State of any proposed material change in the scope of the project, budget or completion date, which must be approved by the State, prior to implementation. A material change is a 10% reduction of the equity injection as required by Section 4.3(b)(a). 9. Have on file the necessary documentations to show that all project funds have been used for the items stated in the application. Rev. Feb. 2017 13 Exhibit B Rev. Feb. 2017 14 MIF Prime -Equity TOTAL Leasehold Improvements New Construction $25,000,000 $25,000,000 FF&E Purchase of M &E $1, 000,000 $24,000,000 $25,000,000 Physical Security A/E Services TOTAL $1,000,000 $49,000,000 $50,000,000 Rev. Feb. 2017 14