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City Council Agenda Packet 02-11-2019AGENDA REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, February 11, 2019 — 6:30 p.m. Mississippi Room, Monticello Community Center CITY COUNCIL SPECIAL MEETING Academy Room 5 p.m. 5 p.m. Road Reconstruction Policy 5:45 p.m. Stormwater Policy Mayor: Brian Stumpf Council Members: Jim Davidson, Bill Fair, Charlotte Gabler, Lloyd Hilgart 1. General Business A. Call to Order & Pledge of Allegiance B. Approval of Agenda — Councilmembers or the City Administrator may add items to the agenda for discussion purposes or approval. The City Council may or may not take official action on items added to the agenda. C. Approval of Meeting Minutes • Regular Meeting Minutes from January 28, 2019 D. Citizen Comments — Individuals may address the City Council about any item not contained on the agenda. Each speaker will be allotted three minutes with a maximum of five speakers. The Mayor may allow for additional time and/or speakers. The City Council generally takes no official action of items discussed, with the exception of referral to staff for future report. E. Public Service Announcements/Updates • Presidents Day Hours • Spring Tree Sale F. Council Liaison Updates • IEDC • Planning Commission G. Department Updates • City Administrator Update • FiberNet/Arvig Quarterly Update 2. Consent Agenda — All items listed on the Consent Agenda are considered standard or may not need discussion prior to approval. These items are acted upon by one motion unless a councilmember, the city administrator, or a citizen requests the item by removed from consent for additional discussion. A. Consideration of approving payment of bills B. Consideration of approving new hires and departures for City departments C. Consideration of approving the sale/disposal of surplus city property D. Consideration of adopting Resolution 2019-12 accepting donations of $250 from Smith, Paulson, O'Donnell & Erickson for Power of Produce Kids Club, $250 from Uptown Eye Care for Power of Produce Kids Club, $850 from Mills Fleet Farm for Movie in the Park/Power of Produce, and $950 from anonymous for Ballfields/Power of Produce Kids Club/Color Me Fall event E. Consideration of adopting Resolution 2019-13 accepting a grant from the Initiative Foundation of $10,000 assist the Coalition of Utility Cities with an economic impact study F. Consideration of approving an application for a temporary charitable gambling permit for a quilt raffle to be conducted by the Church of St. Henry on March 31, 2019 G. Consideration of approving a Cooperative Fire Protection Agreement with the Minnesota Department of Natural Resources H. Consideration of approving purchase of a backup generator for the new fire station from Zieglar Power Systems in the amount of $27,874 I. Consideration of adopting Ordinance 711 titled Cable Ordinance and Ordinance 712 granting a franchise to CC VIII Operating LLC L/K/A Charter Communications to construct, operate, and maintain a cable system and provide cable service in the City of Monticello and Summary Ordinances 711A and 712A for publication J. Consideration of approving addition to Rules and Regulations for Riverside Cemetery K. Consideration of accepting bids and awarding contract to New Look Contracting, Inc. for Bertram Chain of Lakes Regional Athletic Park Phase I Improvements for the base bid plus alternates 1, 2, and 3, for a total amount of $1,554,345 L. Consideration of approving a purchase agreement with 2nd Wind for cardio equipment at the Monticello Community Center in the amount of $59,479.61 M. Consideration of approving contract with Kue Contractors Inc. for the new fire station N. Consideration of authorizing a request for exemption from sales tax for expenses associated with construction of the new fire station 2A. Consideration of items removed from the consent agenda for discussion 3. Public Hearings 4. Regular Agenda A. Consideration to review for approval and distribution a Request for Proposal for the Monticello 2040 Community Vision & Comprehensive Plan 5. Added Items 6. Adjournment AGENDA CITY COUNCIL SPECIAL MEETING MONTICELLO CITY COUNCIL Monday, February 11— 5 p.m. Academy Room, MCC AGENDA 1. Call to Order 2. 5 p.m. Road Reconstruction Policy 3. 5:45 p.m. Stormwater Policy 4. Adjournment REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, January 28, 2019 — 6:30 p.m. Mississippi Room, Monticello Community Center Present: Mayor Brian Stumpf, Jim Davidson, Bill Fair, Charlotte Gabler, Lloyd Hilgart Absent: None. 1. General Business A. Call to Order & Pledge of Allegiance Mayor Stumpf called the meeting to order at 6:30 p.m. B. Approval of Agenda Councilmember Gabler moved approval of the agenda. Councilmember Fair seconded. Motion carried unanimously. C. Approval of Minutes Regular Meeting Minutes from Jani axv 14. 2019 Councilmember Gabler moved approval of January 14, 2019 regular meeting minutes. Councilmember Fair seconded the motion. Motion carried unanimously. D. Citizen Comments • None. E. Public Service Annol}ncements • Current dog licenses are due for 2019-2020. They can be purchased at City Hall for a fee of $20. • MnDOT Project Open House — rescheduled for February 4, 2019 from 6 — 8 P.M. • Freezing Pipes — reminder to residents are encouraged to test their water temperature. If temperature drops below 36 degrees residents should call Public Works. F. Council Liaison Updates Parks & Recreation Commission — Councilmember Fair provided an update. Items discussed were: 2019 park projects; rules and regulations for Riverside Cemetery, Great River Regional Trail, Arts Consultant update, and MCC update. G. Department Updates Jeff O'Neill, City Administrator, gave an update on the following: 1. A new swan camera was installed and is operating. 2. A workshop regarding city's strategic planning is set to be scheduled in near future. 3. Staff will be providing testimony in conjunction with the Center for Energy and Environment and Coalition of Utility Cities to City Council Minutes —January 28, 2019 Page 1 1 4 stakeholders of Xcel Integrative Resource Plan. The city received a grant to assist in these efforts. 4. Congratulated Becker in regard to Google data center. Rachel Leonard provided an update on the Equity Initiative. Monticello is participating in a pilot program through the League of MN Cities called Advancing Racial Equity in Minnesota Cities. A team of six staff will be attending five sessions in Redwood Falls. This team includes representatives from Administration, Human Resources, Public Works, Community Development and the Monticello Community Center. Wright County Sheriff's Office Quarterly Update — Lieutenant Eric Kunkel presented the quarterly/annual update which was included in the agenda packet. Hi -Way Liquors Annual Update — Randall Johnsen, Liquor Store Manager, along with Wayne Oberg, Finance Director, gave a presentation. The presentation included annual sales, monthly sales, and improvements, events, and overview of 2018. DMV Annual Update — Carolyn Granger, Deputy Registrar Manager, and Wayne Oberg gave a presentation. The presentation included: mission statement, core values, community involvement, information on staff and staffing levels, and DMV statistics including transactions, revenue, and operations. DMV revenues for 2018 increased $692,000 or 16.4% over 2017. 2. Consent Agenda: Councilmember Gabler moved approval of the consent agenda excluding K. Councilmember Davidson seconded the motion. Motion carried unanimously. A. Consideration of approving the payment of bills. Recommendation: Approved the bill and purchase card registers for a total amount of $680,162.60. B. Consideration of approving new hires/departures. Recommendation: Approved the hires for MCC and departures for liquor store. C. Consideration of approving the sale/disposal of surplus city property. Recommendation: Approved as presented. D. Consideration of approving Resolution 2019-06 accepting donations of $1,000 from Kjellberg's Inc. for exercise equipment for new fire station, $250 from Foster White Insurance for Power of Produce program, $1,000 from Bursch Travel for Music on the Mississippi, $500 from WSB & Associates for city ballfields, and $1,000 from All Elements Roofing for Mississippi Rampage Softball Tournament. Recommendation: Mayor Stumpf recognized the donors. Adopted resolution accepting donations. E. Consideration of adopting Resolution 2019-07 supporting Utility Valuation Reform. Recommendation: Adopted the resolution. F. Consideration of approving a Memorandum of Understanding with Wright County, Otsego, and Clearwater for the creation of master plan for Great River Regional Trail and authorize Request for Proposals. Recommendation: City Council Minutes —January 28, 2019 Page 2 14 Approved the Memorandum of Understanding with listed jurisdictions and authorized Request for Proposal. G. Consideration of approving the 2019 Wright County Highway Maintenance Agreement. Recommendation: Approved the agreement. H. Consideration of approving a request for amendment to Monticello Zoning Ordinance Chapter 4.5 Signs, Section 19 — Dynamic Displays. Applicant: City of Monticello. Recommendation: Approved Ordinance 707 as proposed based on findings in Resolution 2019-08 and Summary Ordinance 707A for publication. I. Consideration of approving a request for amendment to the Monticello Zoning Ordinance chapters and sections relating to the Central Community District. Applicant: City of Monticello. Recommendation: Approved Ordinance 708 based on findings in Resolution PC -2018-029 and Summary Ordinance 708A for publication. J. Consideration of approving a Development Stage Planned Unit Development for Vehicle Sales & Rental for a Recreational Vehicle Dealership, and preliminary plat for Groveland Fifth Addition. Applicant: Monticello RV — Scott Kunz. Recommendation: Item was tabled per applicant's request. K. Consideration of approving a request for Map Amendment (rezoning) from A -O (Agriculture — Open Space) to R -I (Single Family Residence) District, Final Stage Planned Unit Development, and Final Plat for Featherstone 4th Addition, a 24 lot single-family development. Applicant: Novak -Fleck Inc. (Horst Graser). Recommendation: ITEM WAS REMOVED FROM CONSENT AGENDA. L. Consideration of approving the Public Improvement and Special Assessment Agreement between the City of Monticello and Gold Nugget Development, Inc. for improvements at 85th Street and TH 25. Recommendation: Approved the Public Improvement and Special Assessment Agreement with Gold Nugget Development Inc. M. Consideration of adopting Resolution 2019-09 approving the issuance of a lawful gambling off-site premise permit to Monticello Lions Club. Recommendation: Resolution adopted approved the gambling permit. N. Consideration of approving a memorandum of understanding between the City of Monticello and Wright County for installation of a dynamic speed sign along County State Aid Highway 39. Recommendation: Approved the MOU for installation of dynamic speed zone sign along County State Aid Highway 39. O. Consideration of approving Water Department purchase of 650 Neptune radio reading units for $71,175. Recommendation: Approved the purchase of 650 Neptune radio reading units for $71,175. P. Consideration of accepting bids and awarding contract for new fire station to Kue Contractors Inc. for $4,111,618 less the Alt. I Deduct of $70,000. Recommendation: Accepted bids and awarded contract to Kue Construction Inc. for $4,111,618 including the Alt 1 Deduct of $70,000. City Council Minutes —January 28, 2019 Page 3 14 2A. Consideration of items removed from the consent agenda for discussion K. Consideration of approving a request for Map Amendment (rezoning) from A -O (Agriculture — Open Space) to R-1 (Single Family Residence) District, Final Stage Planned Unit Development, and Final Plat for Featherstone 4th Addition, a 24 lot single-family development. Applicant: Novak -Fleck Inc. (Horst Graser) Angela Schumann, Community Development Director, request item be removed to update the council on changes made to the development agreement and finance plan. Section D of Section 27 should be deleted in the development agreement. Councilmember Gabler moved to adopt Resolution 2019-10 to approve the final plat and development contract for Featherstone 4t" Addition, subject to the conditions listed in Exhibit Z, and based in the findings in said resolution and to adopt Ordinance No. 710 and Resolution 2019-11, approving the Rezoning from A -O, Agricultural Open Space to R-1, Single Family Residence District for the 24 single-family lots and Outlot B to be platted as Featherstone 4t" Addition, based on the findings in Resolution 2019-11, and to approve the Final Stage PUD for Featherstone 4t' Addition, subject to the conditions listed in Exhibit Z and based on findings in Resolution 2019-11. Councilmember Fair seconded the motion. Motion carried unanimously. 3. Adiournment: By consensus, the meeting was adjourned at 7:33 p.m. Recorder: Jennifer Schreiber Approved: Attest: City Administrator City Council Minutes —January 28, 2019 Page 4 14 City Council Agenda: 2/11/2019 2A. Consideration of avvrovin2 vavment of bills (WO) A. REFERENCE AND BACKGROUND: City staff submits the attached bill registers and purchasing card registers for approval by Council. The bill registers contain all invoices processed and the purchasing card registers contain all card purchases made since the last Council meeting. Subject to MN Statutes, most invoices require Council approval prior to releasing checks for payment. The day following Council approval, payments will be released unless directed otherwise. A credit purchasing agreement and policy was approved by Council initially and card purchases must comply with the policy. If Council has no questions or comments on the bill and purchase card registers, these can be approved with the consent agenda. If requested, this item can be removed from consent and discussed prior to making a motion for approval. Al. Budget Impact: None A2. Staff Workload Impact: No additional work required. B. ALTERNATIVE ACTIONS: 1. Motion to approve the bill and purchase card registers for a total amount of $1,768,127.87. 2. Motion to approve the registers with changes directed by Council. C. STAFF RECOMMENDATION: City staff recommends Alternative #1 or #2, per direction of Council. D. SUPPORTING DATA: • Bill registers and Purchase Card registers Accounts Payable Computer Check Proof List by Vendor User: Julie.Cheney Printed: 02/06/2019 - 1:07PM Batch: 00202.02.2019 - 202.02.2019 AP Invoice No Description Vendor: 2087 ALL -WAYS HEATING AND AC INC 6710 56.50 (6) intake filters; maintc. 101-42200-421990 Check Total: Vendor: 1977 ANCOM COMMUNICATIONS INC 84884 (2) Minitor V Battery ACH Enabled: False 335.00 Check Total: Vendor: 1030 ANCOM TECHNICAL CENTER INC 85050 Tender #3 -radio repair and reinstall Check Total: Vendor: 1036 APEC AQUISITIONS INC 122905 Filters - 16x123 Masterlink Blue (8) Check Total: Vendor: 1039 AQUA LOGIC INC 48361 946.13 Replumb Return Pipe, Install Heater Bypass & P 226-45126-440100 Check Total: Vendor: 2225 ASPHALT SURFACE TECHNOLOGIES CORI Pay Voucher #6 16C003 - Final Pay Voucher - 2017 Core Street I ACH Enabled: False 72,617.99 Check Total: Vendor: 1065 BELLBOY CORPORATION 68092600 resale - wine 68092600 freight 68141600 128.00 resale - liquor Amount Payment Date Acct Number Check Sequence: 1 376.00 02/12/2019 101-43127-440100 376.00 Moiiii6effo Y Reference ACH Enabled: False AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Page 1 Check Sequence: 2 ACH Enabled: False 56.50 02/12/2019 101-42200-421990 56.50 Check Sequence: 3 ACH Enabled: False 335.00 02/12/2019 101-42200-440440 335.00 Check Sequence: 4 ACH Enabled: True 234.87 02/12/2019 226-45126-422990 234.87 Check Sequence: 5 ACH Enabled: True 946.13 02/12/2019 226-45126-440100 946.13 Check Sequence: 6 ACH Enabled: False 72,617.99 12/31/2018 400-43300-459016 72,617.99 Check Sequence: 7 ACH Enabled: True 128.00 02/12/2019 609-49750-425300 8.10 02/12/2019 609-49750-433300 126.00 02/12/2019 609-49750-425100 AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Page 1 Invoice No Description 68141600 freight 98931200 freight 98931200 (4)asst. bags 98960600 freight 98960600 asst. bags 98960600 resale - mix Check Total: Vendor: 1091 CAMPBELL KNUTSON PA 2348-000G 197 Genearl Legal - Dec 2018 AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Amount Check Total: Vendor: 1067 BERNICK'S 94579 resale - pop, Gatorade, water, juice 94580 resale - soda pop 94580 resale -juice 94581 resale -beer 98854 resale - soda pop 98854 resale -juice 98855 resale - beer 99039 resale - pop, Gatorade, water 87.75 Check Total: Vendor: 1074 BOLTON AND MENK INC 0228527 Walnut Street Improvements 609-49750-425400 Check Total: Vendor: 4618 BOUND TREE MEDICAL, LLC 83093665 (12) Nitrile gloves; (2) blood press/stethoscope k Check Total: Vendor: 4328 BREAKTHRU BEVERAGE MN WINE & SPIF 1080921099 resale - liquor 1080921099 resale - wine 1080921099 freight 1080923873 resale - liquor 1080923873 resale - wine 1080923873 freight 1080923954 resale - beer Check Total: Vendor: 1091 CAMPBELL KNUTSON PA 2348-000G 197 Genearl Legal - Dec 2018 AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Amount Payment Date Acct Number Reference 5.40 02/12/2019 609-49750-433300 0.26 02/12/2019 609-49750-433300 57.20 02/12/2019 609-49754-421990 0.73 02/12/2019 609-49750-433300 87.75 02/12/2019 609-49754-421990 71.10 02/12/2019 609-49750-425400 484.54 Check Sequence: 8 ACH Enabled: False 297.20 02/12/2019 226-45125-425410 154.18 02/12/2019 609-49750-425400 65.60 02/12/2019 609-49750-425500 1,078.50 02/12/2019 609-49750-425200 41.25 02/12/2019 609-49750-425400 32.80 02/12/2019 609-49750-425500 867.05 02/12/2019 609-49750-425200 236.65 02/12/2019 226-45125-425410 2,773.23 Check Sequence: 9 ACH Enabled: False 10,124.50 12/31/2018 400-43300-431990 10,124.50 Check Sequence: 10 ACH Enabled: False 276.46 02/12/2019 101-42200-421990 276.46 Check Sequence: 11 ACH Enabled: False 1,495.38 02/12/2019 609-49750-425100 532.00 02/12/2019 609-49750-425300 31.49 02/12/2019 609-49750-433300 1,665.30 02/12/2019 609-49750-425100 294.66 02/12/2019 609-49750-425300 27.10 02/12/2019 609-49750-433300 83.10 02/12/2019 609-49750-425200 4,129.03 Check Sequence: 12 ACH Enabled: True 1,167.40 12/31/2018 101-41610-430400 Page 2 Invoice No Description Amount Payment Date Acct Number Reference 2348-148G 17 16C006 - Fallon Ave Condemnation - Dec 2018 270.50 12/31/2018 400-43300-459018 2348-155G 3 16C006 - Bluffs in Monticello Assessment Appe 1,043.35 12/31/2018 400-43300-459018 Check Total: 2,481.25 Vendor: 4646 CAPITOL BEVERAGE SALES L.P. Check Sequence: 13 ACH Enabled: True 2216292 resale - beer 15,278.80 02/12/2019 609-49750-425200 2216292 resale - beer n/a 116.35 02/12/2019 609-49750-425400 2219144 resale - beer 13,692.60 02/12/2019 609-49750-425200 2219144 resale - beer n/a 166.75 02/12/2019 609-49750-425400 Check Total: 29,254.50 Vendor: 1095 CARLOS CREEK WINERY INC Check Sequence: 14 ACH Enabled: False 16816 resale - wine 468.00 02/12/2019 609-49750-425300 Check Total: 468.00 Vendor: 4089 CARLSON & LYTER DISTRIBUTING, INC Check Sequence: 15 ACH Enabled: True 6170406 resale - beer 90.00 02/12/2019 609-49750-425200 Check Total: 90.00 Vendor: 1106 CENTRAL MCGOWAN INC Check Sequence: 16 ACH Enabled: True 00043458 Monthly Tank Rental 65.00 02/12/2019 226-45124-421600 00256893 Bulk Carbon Dioxide (540 lbs) 137.00 02/12/2019 226-45124-421600 Check Total: 202.00 Vendor: 1129 DAHLHEIMER BEVERAGE LLC Check Sequence: 17 ACH Enabled: True 1394111 resale - beer 894.30 02/12/2019 609-49750-425200 1394161 resale - beer 1,289.35 02/12/2019 609-49750-425200 198948 resale - beer 8,113.50 02/12/2019 609-49750-425200 199559 resale - beer 376.00 02/12/2019 609-49750-425200 199593 resale - credit beer -105.60 02/12/2019 609-49750-425200 Check Total: 10,567.55 Vendor: 1153 ECM PUBLISHERS INC Check Sequence: 18 ACH Enabled: True 665521 201853 - Variance Chpt 4.5 S - Ad# 898227 92.30 02/12/2019 101-41910-435100 665522 Feb 5 Zoning Ordinance - Ad# 898239 101.53 02/12/2019 101-41910-435100 Check Total: 193.83 Vendor: 5106 ELK RIVER, CITY OF Check Sequence: 19 ACH Enabled: False AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference 201901226384 MBFTE reimb. (2) -Fire Academy; Haz-Mat- C. 2,740.00 02/12/2019 101-42200-433100 Check Total: 2,740.00 Vendor: 5033 ENTERTAINMENT PROTECTION GROUP, L Check Sequence: 20 ACH Enabled: False 15651 Security Coverage - 1/19/19 134.75 02/12/2019 226-45123-431992 Check Total: 134.75 Vendor: 5182 FIRESERVICE MANAGEMENT, LLC Check Sequence: 21 ACH Enabled: False 19698 repair; cleaning gear- to be reimbursed 269.48 02/12/2019 101-42200-431990 Check Total: 269.48 Vendor: 1413 GOPHER STATE ONE CALL INC Check Sequence: 22 ACH Enabled: True 9010590 Jan. 2019 located- 1/2 FNM 31.05 02/12/2019 656-00000-202099 9010590 Jan. 2019 located- 1/2 Water 31.05 02/12/2019 601-49440-432770 Check Total: 62.10 Vendor: 5108 GUARDIAN FLEET SAFETY Check Sequence: 23 ACH Enabled: True 19-0030 Chevy Trailblazer - install equipment 560.00 02/12/2019 101-42200-440500 Check Total: 560.00 Vendor: 1223 HAWKINS INC Check Sequence: 24 ACH Enabled: True 4430935 Aluminum Sulfate Liquid - WWTP 6,183.83 02/12/2019 602-49480-421990 4435864 Polymer - Aqua Hawk - WWTP 3,619.20 02/12/2019 602-49480-421990 Check Total: 9,803.03 Vendor: 4801 HILDI INC Check Sequence: 25 ACH Enabled: False 10374 Actuarial Disclosures Under GASB 75 575.00 12/31/2018 101-41540-430100 Check Total: 575.00 Vendor: 4218 HOHENSTEINS, INC Check Sequence: 26 ACH Enabled: False 117994 resale - beer 161.50 02/12/2019 609-49750-425200 119198 resale - beer 269.00 02/12/2019 609-49750-425200 Check Total: 430.50 Vendor: 1242 HOLIDAY CREDIT OFFICE Check Sequence: 27 ACH Enabled: True 1/18/2019 12/19-1/18/2019 Acct. # 1400-017-223-399 fuel 446.09 02/12/2019 101-42200-421200 AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 446.09 Vendor: 3971 INTL UNION OF OPER ENGINEERS LOCAL Check Sequence: 28 ACH Enabled: False March 2019 March - Health Insurance - Union 17,360.00 02/12/2019 101-00000-217061 Check Total: 17,360.00 Vendor: 1259 JJ TAYLOR DISTRIBUTING Check Sequence: 29 ACH Enabled: False 2884769 resale - beer 33.80 12/31/2018 609-49750-425200 2896144 resale - beer 349.94 02/12/2019 609-49750-425200 2896144 freight 3.00 02/12/2019 609-49750-433300 2932216 resale - beer 801.90 02/12/2019 609-49750-425200 Check Total: 1,188.64 Vendor: 1263 JOHNSON BROTHERS LIQUOR CO. Check Sequence: 30 ACH Enabled: False 1203385 resale -liquor 430.50 02/12/2019 609-49750-425100 1203385 freight 7.45 02/12/2019 609-49750-433300 1204370 freight 36.88 02/12/2019 609-49750-433300 1204370 resale - wine 1,356.82 02/12/2019 609-49750-425300 1204370 resale - wine n/a 82.60 02/12/2019 609-49750-425400 1206275 freight 40.23 02/12/2019 609-49750-433300 1206275 resale - liquor 1,596.59 02/12/2019 609-49750-425100 1206276 resale - wine 408.60 02/12/2019 609-49750-425300 1206276 freight 11.92 02/12/2019 609-49750-433300 1206960 freight 49.17 02/12/2019 609-49750-433300 1206960 resale - liquor 5,650.34 02/12/2019 609-49750-425100 1206961 resale - wine 1,111.80 02/12/2019 609-49750-425300 1206961 freight 37.25 02/12/2019 609-49750-433300 1207820 freight 8.94 02/12/2019 609-49750-433300 1207820 resale - liquor 415.40 02/12/2019 609-49750-425100 1207821 resale - wine 1,671.85 02/12/2019 609-49750-425300 1207821 freight 59.60 02/12/2019 609-49750-433300 1207822 resale - beer 22.99 02/12/2019 609-49750-425200 1208625 freight 46.43 02/12/2019 609-49750-433300 1208625 resale - liquor 3,654.97 02/12/2019 609-49750-425100 1208626 freight 21.86 02/12/2019 609-49750-433300 1208626 resale- wine 989.04 02/12/2019 609-49750-425300 1209634 resale - liquor 3,147.78 02/12/2019 609-49750-425100 1209634 freight 34.27 02/12/2019 609-49750-433300 1209635 freight 17.88 02/12/2019 609-49750-433300 1209635 resale - wine 547.70 02/12/2019 609-49750-425300 AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 1211725 resale - liquor 2,458.19 02/12/2019 609-49750-425100 1211725 freight 34.27 02/12/2019 609-49750-433300 523238 resale - liquor credit inv. # 1170598 -10.37 02/12/2019 609-49750-425100 523239 resale - wine credit inv. # 1170599 -13.15 02/12/2019 609-49750-425300 523240 resale - wine credit inv. # 1183891 -22.80 02/12/2019 609-49750-425300 523241 resale - liquor credit inv. # 1187862 -17.07 02/12/2019 609-49750-425100 523242 resale - mix credit inv. # 1187863 -4.93 02/12/2019 609-49750-425400 523243 resale - wine credit inv. # 1187863 -19.42 02/12/2019 609-49750-425300 523244 resale - liquor credit inv. # 1196386 -140.70 02/12/2019 609-49750-425100 523244 freight credit inv. # 1196386 -1.49 02/12/2019 609-49750-433300 523584 freight credit inv. # 1199170 -1.49 02/12/2019 609-49750-433300 523584 resale - liquor credit inv. # 1199170 -108.00 02/12/2019 609-49750-425100 524327 resale - wine credit inv. # 1170599 -18.00 02/12/2019 609-49750-425300 524328 resale -liquor credit inv. # 1181341 -10.00 02/12/2019 609-49750-425100 524329 resale - liquor credit inv. # 1194087 -20.25 02/12/2019 609-49750-425100 524611 resale - wine credit inv. # 1199171 -38.85 02/12/2019 609-49750-425300 524611 freight credit inv. 9 1199171 -1.49 02/12/2019 609-49750-433300 524612 freight credit inv. # 1202861 -1.49 02/12/2019 609-49750-433300 524612 resale - wine credit inv. # 1202861 -56.00 02/12/2019 609-49750-425300 525386 freight credit inv. # 1206960 -2.98 02/12/2019 609-49750-433300 525386 resale - liquor credit inv. # 1206960 -267.52 02/12/2019 609-49750-425100 Check Total: 23,195.32 Vendor: 4889 KEN SPAETH MASONRY INC Check Sequence: 31 ACH Enabled: False 1/5/2018 201710 - Spaeth Indust Park - Escrow Refund 1,259.78 01/23/2018 101-00000-220110 Check Total: 1,259.78 Vendor: 2626 HARRY LANTTO Check Sequence: 32 ACH Enabled: True 2/5/2019 Planning Commission Meeting Recording 1/2/15 67.50 02/12/2019 101-41910-431990 2/5/2019 EDA Meeting Recording 1/9/19 60.00 02/12/2019 213-46301-431990 2/5/2019 City Council Meeting Recording 1/14/19 & 1/28 120.00 02/12/2019 101-41110-431990 Check Total: 247.50 Vendor: 1291 LEAGUE OF MN CITIES INS TRUST Check Sequence: 33 ACH Enabled: False 13744 LMCIT Claim #C0033423 - Date of Loss 7/15/1 1,000.00 02/12/2019 226-45122-436990 Check Total: 1,000.00 Vendor: 5179 KRISTAL LEEBRICK Check Sequence: 34 ACH Enabled: False 004 Author Talk 1/17/19 100.00 02/12/2019 101-00000-220150 AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Page 7 Check Total: 100.00 Vendor: 1300 DOUGLAS WILLIAM LYSENG Check Sequence: 35 ACH Enabled: True 1378 On Site Services (9/6/18 - 12/31/18) 5,312.50 12/31/2018 702-00000-431990 1378 Computers (3) and Software (MCC, AS, DK) 3,590.65 12/31/2018 702-00000-424100 1378 Software, Keyboard/Mouse Sets (2), Montiors (3 2,517.90 12/31/2018 702-00000-421990 1378 Epson Thermal Printer 330.28 12/31/2018 609-49754-421990 1378 On Site IT Services (9/6/18 - 12/31/18) - Hi Way 382.50 12/31/2018 609-49754-431990 1378 On Site IT Services (9/6/18 - 12/31/18) - DMV 602.85 12/31/2018 217-41990-431990 1378 Computers (2) 1,679.98 12/31/2018 217-41990-424100 1378 Cables, Keyboard/Mouse Combo, Software, Moi 842.72 12/31/2018 217-41990-421990 1378 IT Services - Troubleshoot HVAC System 170.00 12/31/2018 226-45126-431990 1379 Security Camera Computer, Software, 4,545.65 12/31/2018 609-49754-424100 1379 On Site IT Services 8/3/18 - Hi Way Liquor 425.00 12/31/2018 609-49754-431990 Check Total: 20,400.03 Vendor: 1303 M AMUNDSON CIGAR & CANDY CO, LLP Check Sequence: 36 ACH Enabled: True 273610 resale - cigarettes 848.20 02/12/2019 609-49750-425500 273610 resale - tobacco 472.68 02/12/2019 609-49750-425400 Check Total: 1,320.88 Vendor: 3745 MANSFIELD OIL COMPANY Check Sequence: 37 ACH Enabled: True 21151781 (350) gal. diesel @ $2.50 876.43 02/12/2019 101-43120-421200 21151782 (580) gal. unleaded @ $1.95 1,131.70 02/12/2019 101-43120-421200 21156979 (803) gal. diesel @ $2.36 1,894.18 02/12/2019 101-43120-421200 21156980 (200) gal. unleaded @ $1.74 347.46 02/12/2019 101-43120-421200 Check Total: 4,249.77 Vendor: 5180 CHRIS MAZER Check Sequence: 38 ACH Enabled: False 1/28/2019 Refund Remainder Unused Annual Dual Membe 122.00 02/12/2019 226-45127-347910 1/28/2019 Refund Remainder Unused Annual Dual Membe 9.00 02/12/2019 226-00000-208100 Check Total: 131.00 Vendor: 2852 MIDWEST BUSINESS PROMOTIONS INC Check Sequence: 39 ACH Enabled: True 13208 Pens w/DMV Info (300) 135.99 02/12/2019 217-41990-434990 Check Total: 135.99 Vendor: 4667 MILLNER VINEYARD, LLC Check Sequence: 40 ACH Enabled: False AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference 22119-2 resale - wine 192.40 02/12/2019 609-49750-425300 Check Total: 192.40 Vendor: 1330 CITY OF MINNEAPOLIS Check Sequence: 41 ACH Enabled: True 400451002656 Dec 2018 - Monti Pawn Transactions (15 8) 142.20 12/31/2018 101-42100-431990 Check Total: 142.20 Vendor: 1349 MN DEPT OF TRANSPORTATION Check Sequence: 42 ACH Enabled: False P00009961 16C006 - MNDOT Testing/Inspections (Material 2,640.87 12/31/2018 400-43300-459018 Check Total: 2,640.87 Vendor: 1370 MONTICELLO DEPUTY REG #002 Check Sequence: 43 ACH Enabled: False 1717 VIN MN Sales Tax,Title, Registration - 2019 Equinox 1,660.50 02/12/2019 217-00000-165010 Check Total: 1,660.50 Vendor: 2512 MONTICELLO PLBG HTG AC LLC Check Sequence: 44 ACH Enabled: False 18833 Labor- Ice Machine install - Fire 240.00 02/12/2019 101-42200-440440 18833 Parts - Ice Machine install - Fire 224.80 02/12/2019 101-42200-440440 Check Total: 464.80 Vendor: 2518 NEOFUNDS BY NEOPOST Check Sequence: 45 ACH Enabled: False 2/3/2019 Postage Purchased 1/31/19 1,000.00 02/12/2019 101-00000-155010 2/3/2019 Postage for Pkgs to Dept Publc Safety - Jan 19 (: 201.38 02/12/2019 217-41990-432200 Check Total: 1,201.38 Vendor: 4345 OPG -3 INC Check Sequence: 46 ACH Enabled: False 3138 Laserfiche Software Assurance Plan (LSAP) - 3/ 5,312.00 02/12/2019 702-00000-431900 Check Total: 5,312.00 Vendor: 4139 PAULA PAULSON Check Sequence: 47 ACH Enabled: False 1/31/2019 Draping for Mississippi Room - 1/19/19 Event 425.00 02/12/2019 226-45123-431990 Check Total: 425.00 Vendor: 1273 PAUSTIS & SONS WINE CO Check Sequence: 48 ACH Enabled: False 39068 resale - wine 770.00 02/12/2019 609-49750-425300 39068 freight 10.00 02/12/2019 609-49750-433300 AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Page 8 Invoice No Description Check Total: Vendor: 4633 PERFORMANCE FOOD GROUP INC 54008449 Cheese Sauce for Concession Amount Payment Date Acct Number Reference 780.00 Check Total: Vendor: 2783 PERMITWORKS LLC 2019-0028 Jan - Dec 2019 Permit & Inspections Software S Check Total: Vendor: 1427 PHILLIPS WINE & SPIRITS CO 2493678 resale - wine 2493678 resale - mix 2493678 freight 2495122 resale -liquor 2495122 freight 2495569 freight 2495569 resale - liquor 2496666 resale - liquor 2496666 freight 2496667 freight 2496667 resale - wine 2498845 resale - liquor 2498845 freight 2498846 freight 2498846 resale - wine 2498846 resale - wine n/a 318863 resale - wine credit inv. #2443674 318864 resale - wine credit inv. #2479327 319429 resale - liquor credit inv. #2487965 319710 resale - liquor credit inv. # 2493677 319710 freight credit inv. # 2493677 319711 freight credit inv. # 2493678 319711 resale - wine credit inv. # 2493678 Check Total: Vendor: 4022 REINHART FOODSERVICE LLC 589742 Food for Concession Resale 596666 Food for Concession Resale 605039 Food for Concession Resale Amount Payment Date Acct Number Reference 780.00 Check Sequence: 49 ACH Enabled: True 112.74 02/12/2019 226-45125-425410 112.74 Check Sequence: 50 ACH Enabled: True 1,495.00 02/12/2019 702-00000-431900 1,495.00 Check Sequence: 51 ACH Enabled: False 904.50 02/12/2019 609-49750-425300 64.00 02/12/2019 609-49750-425400 22.61 02/12/2019 609-49750-433300 2,184.35 02/12/2019 609-49750-425100 47.68 02/12/2019 609-49750-433300 61.09 02/12/2019 609-49750-433300 4,763.15 02/12/2019 609-49750-425100 2,247.70 02/12/2019 609-49750-425100 22.60 02/12/2019 609-49750-433300 37.62 02/12/2019 609-49750-433300 1,396.55 02/12/2019 609-49750-425300 2,435.04 02/12/2019 609-49750-425100 22.65 02/12/2019 609-49750-433300 43.21 02/12/2019 609-49750-433300 1,451.00 02/12/2019 609-49750-425300 174.00 02/12/2019 609-49750-425400 -56.00 02/12/2019 609-49750-425300 -6.67 02/12/2019 609-49750-425300 -10.83 02/12/2019 609-49750-425100 -438.25 02/12/2019 609-49750-425100 -7.45 02/12/2019 609-49750-433300 -1.49 02/12/2019 609-49750-433300 -28.25 02/12/2019 609-49750-425300 15,328.81 Check Sequence: 52 ACH Enabled: True 529.52 02/12/2019 226-45125-425410 553.68 02/12/2019 226-45125-425410 369.37 02/12/2019 226-45125-425410 AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Page 9 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Page 10 Check Total: 1,452.57 Vendor: 5178 CODY ROBINSON Check Sequence: 53 ACH Enabled: False 10/6/18 reimburse propane exchange MFD Open House 23.61 12/31/2018 101-42200-421990 Check Total: 23.61 Vendor: 1470 RUSSELL SECURITY RESOURCE INC Check Sequence: 54 ACH Enabled: True A34110 Adjusted Rods, Checked Dogging and Exit Devi 120.00 02/12/2019 226-45126-440100 A34111 Installed New Door Closer on Elevator Room 255.00 02/12/2019 101-41941-440100 Check Total: 375.00 Vendor: 1474 PATRICIAA SALZWEDEL Check Sequence: 55 ACH Enabled: True Feb 1st Semi Monthly Contract Payment 1,666.67 02/12/2019 101-42700-431200 Check Total: 1,666.67 Vendor: 2326 SEIDENKRANZ WELDING SERVICE LLC Check Sequence: 56 ACH Enabled: False 4292 Stainless Steel Panel to Repair Mens Room Divi 97.50 12/31/2018 226-45126-422990 Check Total: 97.50 Vendor: 2497 SHERBURNE WRIGHT CABLE COMMISSIC Check Sequence: 57 ACH Enabled: True 1/7/2019 Cable Franchise Fees - TDS/Bridgewater Q4 201 9,518.27 02/12/2019 101-00000-208020 1/9/2019 Cable PEG Fees - TDS/Bridgewater Q4 2018 1,772.50 02/12/2019 101-00000-208020 Check Total: 11,290.77 Vendor: 1490 CYNTHIA R SIMPSON Check Sequence: 58 ACH Enabled: False 965229 January 2019 cleaning service 100.00 02/12/2019 101-42200-431100 Check Total: 100.00 Vendor: 3309 SOUTHERN GLAZER'S WINE AND SPIRITS, Check Sequence: 59 ACH Enabled: False 1778455 resale - liquor 1,191.30 02/12/2019 609-49750-425100 1778455 freight 9.80 02/12/2019 609-49750-433300 1778456 resale - wine 732.00 02/12/2019 609-49750-425300 1778456 freight 12.60 02/12/2019 609-49750-433300 1780757 resale - liquor 3,284.83 02/12/2019 609-49750-425100 1780757 freight 35.70 02/12/2019 609-49750-433300 1780758 freight 22.40 02/12/2019 609-49750-433300 1780758 resale - wine 1,546.00 02/12/2019 609-49750-425300 AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Page 10 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 6,834.63 Vendor: 4006 SUMMIT COMPANIES Check Sequence: 60 ACH Enabled: False 1341146 Annual Fire Extinguisher Mntc; (2) variety new 146.53 02/12/2019 601-49440-421990 1341146 Annual Fire Extinguisher Mntc; (2) variety new 146.52 02/12/2019 602-49490-421990 1341151 Annual Fire Extinguisher Mntc; (4) new - Parks 449.95 02/12/2019 101-45201-421650 1341155 Annual Fire Extinguisher Mntc; (7) variety new 1,006.85 02/12/2019 101-43120-421990 Check Total: 1,749.85 Vendor: 4859 TRIO SUPPLY COMPANY Check Sequence: 61 ACH Enabled: False 508590 (3) cs. p. plates; (3) cs cups; (3) cs. tissue 304.98 02/12/2019 101-45201-421650 Check Total: 304.98 Vendor: 1550 VEOLIA WATER N AM OPERATING SERV L: Check Sequence: 62 ACH Enabled: True 90183525 Feb 2019 WWTP Operations & Maintenance 60,125.00 02/12/2019 602-49480-430800 90183525 Addt'l Jan 2019 WWTP Operations & Maintenai 4,979.50 02/12/2019 602-49480-430800 Check Total: 65,104.50 Vendor: 1552 VIKING COCA COLA BOTTLING CO Check Sequence: 63 ACH Enabled: True 2290033 resale - soda pop 390.35 02/12/2019 609-49750-425400 Check Total: 390.35 Vendor: 1684 VINOCOPIA Check Sequence: 64 ACH Enabled: True 225400 resale - wine 392.00 02/12/2019 609-49750-425300 225400 resale - liquor 210.00 02/12/2019 609-49750-425100 225400 freight 12.00 02/12/2019 609-49750-433300 225814 resale - wine 216.00 02/12/2019 609-49750-425300 225814 resale - liquor 238.00 02/12/2019 609-49750-425100 225814 freight 10.00 02/12/2019 609-49750-433300 Check Total: 1,078.00 Vendor: 1567 WES OLSON ELECTRIC LLC Check Sequence: 65 ACH Enabled: False 8997 Labor- look at new 20a for compactor - Hi -Way 130.00 02/12/2019 609-49754-440100 8997 Materials - look at new 20a for compactor- Hi -Vi 41.02 02/12/2019 609-49754-440100 Check Total: 171.02 Vendor: 4766 SUSAN WESTLEY Check Sequence: 66 ACH Enabled: False Jan. 2019 Sue Seeger - Creative Arts Serv. Jan 2019 2,083.33 02/12/2019 101-45204-431990 AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Page 11 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 2,083.33 Vendor: 1572 THE WINE COMPANY Check Sequence: 67 ACH Enabled: True 96342 resale- wine 274.00 02/12/2019 609-49750-425300 96342 freight 6.30 02/12/2019 609-49750-433300 Check Total: 280.30 Vendor: 1573 WINE MERCHANTS INC Check Sequence: 68 ACH Enabled: False 7217723 resale- wine 377.72 02/12/2019 609-49750-425300 7217723 freight 4.96 02/12/2019 609-49750-433300 7219946 resale- wine 370.60 02/12/2019 609-49750-425300 7219946 freight 6.70 02/12/2019 609-49750-433300 Check Total: 759.98 Vendor: 1584 WSB & ASSOCIATES INC Check Sequence: 69 ACH Enabled: True 002596-010 48 General Engineering Services - Dec 2018 2,540.16 12/31/2018 101-43111-430300 002596-010 48 General Engineering Services - Dec 2018 2,540.17 12/31/2018 601-49440-430300 002596-010 48 General Engineering Services - Dec 2018 2,540.17 12/31/2018 602-49490-430300 002596-020 17 State Aid Network - Dec 2018 157.00 12/31/2018 101-43111-430300 002596-030 36 Maps - Dec 2018 248.00 12/31/2018 101-43111-430300 002596-040 35 GIS Support Services - Dec 2018 372.00 12/31/2018 702-00000-431990 002596-300 17 16C004 - CR39/GillardAve Intersection Improv 198.00 12/31/2018 400-43300-459017 002596-360 27 16C003 - 2017 Street Improvements - Dec 2018 349.00 12/31/2018 400-43300-459016 002596-400 23 16C006 - Fallon Ave Improvements - Dec 2018 17,013.00 12/31/2018 400-43300-459018 R010438-000 18 17C001 - Chelsea Road Utility & Street Improve 2,490.25 12/31/2018 400-43300-459019 R010663-000 8 18D003 - Carlisle Village 6th Addition - Dec 201 1,251.50 12/31/2018 101-00000-220110 R011121-000 12 2018 Economic Development Services - Dec 20: 750.00 12/31/2018 213-46301-431990 R011473-000 11 18C001 - 2018 Pedestrian Improvements - Dec 2 4,708.50 12/31/2018 400-43300-430300 R011673-000 9 18D004 - Brigg's Properties Plan Review - Dec, 244.50 12/31/2018 101-00000-220110 R011744-000 9 16C001 - BCOL Phase 1 Design - Dec 2018 10,929.75 12/31/2018 229-45202-453011 R011923-000 4 201815 - Haven Ridge Plan Review - Dec 2018 407.50 12/31/2018 101-00000-220110 R012098-000 9 18C002 - 2018 Street Lighting Improvements - I 163.00 12/31/2018 245-43162-453010 R012157-000 7 18C003 DESIGN - Oakwood Industrial Park 4th 364.50 12/31/2018 400-43300-452010 R012658-000 4 2018 Pavement Management Services - Dec 201 1,024.00 12/31/2018 101-43111-431990 R012792-000 3 201838 - Headwaters Senior Living Plan Revie)A 733.50 12/31/2018 101-00000-220110 R012967-000 2 201847 - Lake Region RV Plan Review - Dec 20 2,826.00 12/31/2018 101-00000-220110 R013121-000 2 201851 - Featherstone 4th Addition -Dec 2018 407.50 12/31/2018 101-00000-220110 Check Total: 52,258.00 Vendor: 4840 WSI INDUSTRIES Check Sequence: 70 ACH Enabled: False AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Page 12 Invoice No Description 15506601010 16C006 - PID 15506601010 Addt'l Fess ROW A Check Total: Total for Check Run: Total of Number of Checks: Amount 2,300.00 2,300.00 399,298.00 70 The preceding list of bills payables was reviewed and approved for payment. Date: 2/11/19 Approved by: Mayor Brian Stumpf Payment Date Acct Number 02/28/2018 400-00000-202010 Reference AP -Computer Check Proof List by Vendor (02/06/2019 - 1:07 PM) Page 13 Accounts Payable IT1�' OF Computer Check Proof List by Vendor iff( Moiiiiffo � User: Debbie.Davidson Printed: 02/01/2019 - 11:45AM Batch: 00215.01.2019 - 215.01.2019 Xcel Invoice No Description Amount Payment Date Acct Number Reference Vendor: 2968 BOND TRUST SERV CORP - Wire Transfer Check Sequence: 1 ACH Enabled: True 46758 Series 2010A GO Refunding Bonds - Principal 870,000.00 01/31/2019 317-47000-460100 46758 Series 2010A GO Refunding Bonds - Interest 10,752.50 01/31/2019 317-47000-461100 46759 Series 2011 AGO Refunding Bonds - Principal 380,000.00 01/31/2019 312-47000-460100 46759 Series 2011 AGO Refunding Bonds - Interest 26,075.00 01/31/2019 312-47000-461100 Check Total: 1,286,827.50 Vendor: 1102 CENTERPOINT ENERGY Check Sequence: 2 ACH Enabled: True 1/31/2019 5843395-4 - DMV 67.72 01/31/2019 217-41990-438100 1/31/2019 5863599-6 - Animal Control 165.65 01/31/2019 101-42700-438100 1/31/2019 5806932-9 - Parks (113 River St) 90.27 01/31/2019 101-45201-438100 1/31/2019 5821009-5 - Fire Station 540.68 01/31/2019 101-42200-438100 1/31/2019 5864452-7 - Library 349.71 01/31/2019 101-45501-438100 1/31/2019 5788570-9 - Hi Way Liquor 323.74 01/31/2019 609-49754-438100 1/31/2019 5804618-6 - Parks (Fallon Ave) 7.12 01/31/2019 101-45201-438100 1/31/2019 5768542-2 - City Hall 277.39 01/31/2019 101-41940-438100 1/31/2019 5768542-2 - MCC 6,414.57 01/31/2019 226-45126-438100 1/31/2019 5768542-2 - Senior Center 104.02 01/31/2019 101-45175-438100 1/31/2019 5768542-2 - National Guard 138.69 01/31/2019 101-42800-438100 1/31/2019 5828859-8 - Storage Garage 14.88 01/31/2019 101-41940-438100 1/31/2019 8235331-9 - Prairie Center 98.83 01/31/2019 101-41941-438100 1/31/2019 8235333-5 - Prairie Center (U FAB) 41.83 01/31/2019 101-41941-438100 1/31/2019 8000015233-2 - WWTP 3,954.54 01/31/2019 602-49480-438100 1/31/2019 6401745330-5 - 349 W Broadway (EDA) 33.22 01/31/2019 213-46522-438100 1/31/2019 5799425-3 - Public Works 608.41 01/31/2019 101-43127-438100 1/31/2019 5799427-9 - Public Works 141.12 01/31/2019 101-43127-438100 1/31/2019 5820786-1 - Public Works 197.76 01/31/2019 101-43127-438100 1/31/2019 5837384-6 - Public Works 1,786.71 01/31/2019 101-43127-438100 Check Total: 15,356.86 Vendor: 4394 DAXKO, LLC Check Sequence: 3 ACH Enabled: True AP-Computer Check Proof List by Vendor (02/01/2019 - 11:45 AM) Page 1 Invoice No Description Amount Payment Date Acct Number 39634 PWC CC Gateway Fee - Dec 169.80 01/31/2019 226-45122-443980 Check Total: 169.80 Vendor: 2405 WELLS FARGO - Monthly Charges/Returns Check Sequence: 4 January 2019 Wells Fargo account interest earnings -361.25 01/31/2019 101-00000-362110 January 2019 Wells Fargo account bank charges 1,391.60 01/31/2019 101-41520-443980 January 2019 MCC CC Fees (WF - Front Desk- 0997) 1,478.38 01/31/2019 226-45122-443980 January 2019 MCC CC Fees (WF - Online 0996) 127.77 01/31/2019 226-45122-443980 January 2019 MCC CC Fees (iAccess- Fmrs Mkt - 1476) 236.85 01/31/2019 226-45127-431992 January 2019 Liquor Store CC Fees (WF - 0990) 8,331.40 01/31/2019 609-49754-443980 January 2019 City Hall CC Fees (WF - 0999) 104.81 01/31/2019 101-41520-443980 January 2019 Utility CC Fees (Bluefin) 1,002.70 01/31/2019 601-49440-443980 January 2019 Utility CC Fees (Bluefin) 1,002.69 01/31/2019 602-49490-443980 January 2019 Utility CC Fees (AmEx) 94.91 01/31/2019 601-49440-443980 January 2019 Utility CC Fees (AmEx) 94.91 01/31/2019 602-49490-443980 Check Total: 13,504.77 Vendor: 1585 XCEL ENERGY Check Sequence: 5 1/31/2019 51-6572904-0 - WWTP 10/31-12/3/2018 usage 15,278.38 01/31/2019 602-49480-438100 1/31/2019 51-6505905-0 - Water 10/31-12/3/2018 usage 7,089.69 01/31/2019 601-49440-438100 1/31/2019 51-6505906-1 - Sewer 10/2-31/2018 usage 678.57 01/31/2019 602-49490-438100 1/31/2019 51-0395766-0 - Pumphouse Ramsey 12/3-1/5/20 396.94 01/31/2019 601-49440-438100 1/31/2019 51-4271112-2 - Library 12/3-1/5/2019 usage 943.52 01/31/2019 101-45501-438100 1/31/2019 51-6505907-2 - auto protec lites.11/28-12/27/18 77.88 01/31/2019 101-43160-438100 1/31/2019 51-6505907-2 -Parking Lots 10/31-12/3/18 usage 193.88 01/31/2019 101-43160-438100 1/31/2019 51-6505909-4 - DMV & Food Shelf 10/31-12/3/ 185.19 01/31/2019 217-41990-438100 1/31/2019 51-6505910-7 - Library 10/31-12/3/18 usage 1,554.10 01/31/2019 609-49754-438100 1/31/2019 51-6505911-8 - City Hall 12/3-1/5/19 usage 1,565.08 01/31/2019 101-41940-438100 1/31/2019 51-6505911-8 - MCC 12/3-1/5/19 usage 7,088.91 01/31/2019 226-45126-438100 1/31/2019 51-6505911-8 - Senior Center 12/3-1/5/19 usage 368.26 01/31/2019 101-45175-438100 1/31/2019 51-6505911-8 - National Guard 12/3-1/5/19 usa€ 184.13 01/31/2019 101-42800-438100 1/31/2019 51-6505912-9 - Animal Shelter 10/31-12/3/2018 128.04 01/31/2019 101-42700-438100 1/31/2019 51-6505913-0 - Fire Station 10/31-12/3/2018 533.85 01/31/2019 101-42200-438100 1/31/2019 51-6505914-1 - Shop/Garage 10/2-31/2018 usag 791.15 01/31/2019 101-43127-438100 1/31/2019 51-6505915-2 - Parks 10/31-12/3/2018 usage 1,154.84 01/31/2019 101-45201-438100 1/31/2019 51-6505915-2 - Water Ice Rink 12/3-1/5/2019 us 277.92 01/31/2019 601-49440-438100 1/31/2019 51-6505915-2 - NSP blfld. Consc & Sec 12/3-1/: 77.57 01/31/2019 101-45203-438100 1/31/2019 51-6505915-2 - NSP blfld. Softball Assoc. 12/3- 219.34 01/31/2019 101-45203-438100 1/31/2019 51-12373707-8 -Street Lights 12/3-1/6/19 New 126.51 01/31/2019 101-43160-438100 1/31/2019 51-0371645-4 -Swan Cam 10/31-12/3/18 usage 17.95 01/31/2019 101-45201-438100 1/31/2019 51-7780310-4 -Bldg. Inspec. Garage 10/31-12/31 67.09 01/31/2019 101-41940-438100 Reference ACH Enabled: True ACH Enabled: True AP -Computer Check Proof List by Vendor (02/01/2019 - 11:45 AM) Page 2 Invoice No Description 1/31/2019 51-9391437-3 -118 W. 6th St. 10/31-12/3/18 usa 1/31/2019 51-12349748-6 -Street Lights 12/3-1/6/19 New 1/31/2019 51-6505916-3 -Street Lights 10/2-12/3/18 1/31/2019 51-6505908-3 - ZZZNEP-IMPLEM Civil Defen Check Total: Total for Check Run: Total of Number of Checks: Amount Payment Date Acct Number 336.33 01/31/2019 101-41941-438100 147.94 01/31/2019 101-43160-438100 13,470.57 01/31/2019 101-43160-438100 17.31 01/31/2019 101-42500-438100 52,970.94 1,368,829.87 5 Reference The preceding list of bills payable was reviewed and approved for payment. Date: 2/11/19 Approved by Mayor Brian Stumpf AP -Computer Check Proof List by Vendor (02/01/2019 - 11:45 AM) Page 3 City Council Agenda 2/11/2019 2B. Consideration of approving new hires and departures for Citv departments (TE) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently in the departments listed. It is recommended that the Council officially ratify the hiring/departure of all listed employees including part-time and seasonal workers. By ratifying departures, the council also approves the expenditure for final amounts due to terminated and otherwise departing employees. Al. Budget Impact: (positions are generally included in budget) A2. Staff Work Load Impact: If new positions, there may be some training involved. If terminated positions, existing staff would pick up those hours, as needed, until replaced. B. ALTERNATIVE ACTIONS: 1. Motion to ratify the hire/departures of the employees as identified on the attached list. 2. Motion to deny the recommended hires and departures. C. RECOMMENDATION: By statute the City Council has the authority to approve all hires/departures. City staff recommends Alternative #l, for the Council to approve the hires and/or departures as listed. D. SUPPORTING DATA: • List of new/terminated employees Name Amanda Prodoehl Tara Beaudette Hailey Gabler Lauren Kalliomaa NEW EMPLOYEES Title Department Program Specialist MCC Fitness Instructor MCC Guest Service MCC Guest Service MCC TERMINATING EMPLOYEES Name Reason Department Abigail Draack Voluntary MCC Zachary Kuehn Involuntary MCC New Hire and Terms City Council 2019.xlsx: 2/5/2019 Hire Date 1/23/2019 PT 1/24/2019 PT 1/29/2019 PT 2/5/2019 PT Class Last Day Class 1/18/19 PT 1/18/19 PT City Council Agenda 2/11/2019 2C. Consideration of avnroving the sale or disposal of surplus Citv property (WO) There is no report this City Council cycle. City Council Agenda: 2/11/2019 2D. Consideration of approving Resolution 2019-12 accenting the donations of $250 from Smith, Paulson, O'Donnell & Erickson for Power of Produce Kids Club, $250 from Uptown Eve Care for Power of Produce Kids Club, $850 from Mills Fleet Farm for Movie in the Park/Power of Produce, and $950 from anonvmous for Ballfields/Power of Produce/Color Me Fall event (JS) A. REFERENCE AND BACKGROUND: The City Council is being asked to approve donations of $250 from Smith, Paulson, O'Donnell & Erickson and Uptown Eye Care for the Farmers Market Power of Produce Kids Club, $850 from Mills Fleet Farm for Movie in the Park/Power of Produce Kids Club and $950 from an anonymous donor for city ballfields, the Power of Produce Kids Club and the Color Me Fall event. As required by state statute, if the city accepts a donation, the City Council needs to adopt a resolution specifying the amount of the donation and its use. Al. Budget Impact: The donations will be used toward the mentioned events. A2. Staff Workload Impact: Minimal. B. ALTERNATIVE ACTIONS: 1. Motion to approve the Resolution 2019-12 accepting the contributions and authorizing use of funds as specified. 2. Motion to not approve the contribution and return the funds to the donors. C. STAFF RECOMMENDATION: Staff recommendation is to adopt the resolution accepting the contributions. D. SUPPORTING DATA: • Resolution 2019-12 CITY OF MONTICELLO RESOLUTION NO. 2019-12 RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts may be limited under provisions of MN Statutes Section 471.895. WHEREAS, the following persons and or entities have offered to contribute contributions or gifts to the City as listed: DONOR/ENTITY Smith, Paulson, O'Donnell & Erickson Uptown Eye Care Mills Fleet Farm Anonymous DESCRIPTION VALUE Cash $250 Cash $250 Cash $850 Cash $950 WHEREAS, all said contributions are intended to aid the City in establishing facilities, operations or programs within the city's jurisdiction either alone or in cooperation with others, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: 1. The contributions described above are hereby accepted by the City of Monticello. 2. The contributions described above will be used as designated by the donor. This may entail reimbursing or allocating the money to another entity that will utilize the funds for the following stated purpose: DONOR/ENTITY PURPOSE/AMOUNT Smith, Paulson, O'Donnell & Erickson Power of Produce Kids Club/$250 Uptown Eye Care Power of Produce Kids Club/$250 Mills Fleet Farm Movie in the Park/Power of Produce Kids Club/$850 Anonymous Ballfields/Power of Produce Kids Club/Color Me Fall/$950 Adopted by the City Council of Monticello this 11th day of February, 2019. Brian Stumpf, Mayor Jennifer Schreiber, City Clerk City Council Agenda: 2/11/2019 2E. Consideration of adopting Resolution 2019-13 accepting a grant from the Central Minnesota Initiative Foundation of $10,000 in support of a Coalition of Utilitv Cities utility transition impact studv. (JO/AS) A. REFERENCE AND BACKGROUND: The City Council is asked to accept a $10,000 grant award from the Central Minnesota Initiative Foundation. The grant was made to the City of Monticello to support enhancement of a study being coordinated by the Coalition of Utility Cities and prepared by the Minnesota Center for Energy & Environment (MNCEE) to document both the economic and broader social impacts for utility cities and to examine the realities of transitioning out of utility economy dependence. Completion of this analysis will facilitate the development of specific strategies to maintain a vibrant, healthy and economically successful community. The financial support of the Initiative Foundation will allow for a more thorough, community -specific analysis. Pairing the Initiative Foundation's funding with that already committed by the CUC and Just Transition Fund will yield a study that delves deeper into the financial and social roots extending throughout Monticello as a nuclear energy host community. MNCEE is aiming for this deeper level analysis, although the level of detail or data in the final study will be dependent on resources and budget. The goal of the partnership funding is to add community -specific detail garnered through one-on-one interviews with Xcel Energy, Monticello city leaders, and community organizations and businesses. The study is anticipated to reaffirm, verify and provide new data on the impact of the MNGP on the Monticello area. By completing a community -level approach, the study will provide a much more useful product to host cities. In accepting the grant, the study will be required to carry a notation relating to the funding support of the Initiative Foundation. This requirement has been conveyed to the CUC. Monticello will also need to complete a financial report and progress report. Other requirements are as listed in the grant agreement. Al. Budget Impact: If accepted, the $10,000 grant award will be directed to the Coalition of Utility Cities to support funding the study. A2. Staff Workload Impact: The City Administrator serves as the liaison to the CUD. The City Administrator will provide a link between the Coalition, the study and the City in terms of progress, results and application. A3. Strategic Plan Impact: Strategic Goals: 9 Create & Preserve Sustainable Livability City Council Agenda: 2/11/2019 • Strengthen a Vibrant Economy The City expects to receive a document with Monticello -specific quantitative and qualitative analysis. This will enable Monticello to develop strategic plans to address impacts across the spectrum — budgetary, employment, housing, education, philanthropic, land use, transportation, etc. This analysis supports both goals above. B. ALTERNATIVE ACTIONS: 1. Motion to adopt Resolution 2019-13 accepting a grant from the Central Minnesota Initiative Foundation of $10,000 in support of a Coalition of Utility Cities utility transition impact study. 2. Motion to deny adoption of Resolution 2019-13 accepting a grant from the Central Minnesota Initiative Foundation of $10,000 in support of a Coalition of Utility Cities utility transition impact study. C. STAFF RECOMMENDATION: City staff recommends Alternative #1. Data and analysis on the broad -ranging social and economic impacts of hosting an energy facility are critical to future city decision-making and planning efforts. D. SUPPORTING DATA: A. Grant Award Letter B. Grant Agreement DocuSign Envelope ID: 8689F907-D683-43C0-A3F8-308ECO2EEEDC (32C) 632-9255 4C5 First Street SE Little Falls, MN 56345 January 18, 2019 Mr. Jeff O'Neill City of Monticello 505 Walnut Street Suite 1 Monticello, MN 55362 Monticello, MN 55362 RE: TC119-6731 Dear Jeff, ifound.org Congratulations! This letter is to advise you that your application for the project entitled "Transitioning an Energy Economy: Nuclear Host Community Impact Analysis - Monticello" has been approved in the amount of $10,000.00. This agreement explains the conditions of the award as well as the reporting requirements. Please read the grant agreement carefully. Please complete the attached grant agreement via DocuSign and retain a copy for your records. The Foundation will make full payment of this grant within 45 days upon receipt of signed Grant Agreement. It is important to remember that any educational, promotional, or other project related materials must say the following: "This project was funded in part by the Initiative Foundation, a regional community foundation." To share news of your grant locally and socially, please use these resources: News Release and Social Media Tips. Thank you. This helps all of us in future fundraising efforts. A final Financial Report and Grantee Progress Report will be due within 30 days following the end of your grant period. You can find and submit these reports online through your My Account page. We are looking forward to working with you on this project. Please feel free to contact us at any time if you have questions. Sincerely, EDocuSigned by: 06v" Ri&mav, Don%&'Ran4'Vice President for Community & Nonprofit Development cc: Angela Schumann 0 Powering Possible Equat opportunity tender, provider and employer. DocuSign Envelope ID: 8689F907-D683-43C0-A3F8-308ECO2EEEDC INITIATIVE FOUNDATION 405 First Street SE Little Falls, MN 56345 www.ifound.org (320) 632-9255 GRANT AGREEMENT GRANT NUMBER: TC119-6731 GRANTEE: Citv of Monticello PROJECT TITLE: 'Transitioning an Enerpv Economy: Nuclear Host Community Impact Analvsis -Monticello" PROJECT DESCRIPTION: to support a partnership with the Coalition of Utility Cities (CUC) organization to document both the economic and broader social impacts for utilitv cities and to examine the realities of transitioning out of utility economy dependence, particularly if the Monticello Nuclear Power Plant is decommissioned. GRANT AMOUNT: 510,000.00 GRANT PERIOD: February 1, 2019 to December 31, 2019 The Initiative Foundation (Foundation) and the Grantee are entering into this Agreement to establish the terms of a grant by the Foundation specific to the project noted above. RESPONSIBILITIES OF THE INITIATIVE FOUNDATION The Foundation will make an initial payment of the grant amount within 45 days upon receipt of this signed Grant Agreement. The Foundation reserves the right to discontinue, modify or withhold any amount of this grant if it determines, in its sole discretion, such action is necessary. The Foundation reserves the right to distribute any written, video or digital materials resulting from this effort. RESPONSIBILITIES OF THE GRANTEE A. The Grantee hereby confirms and agrees that it is currently exempt from Federal income tax pursuant to Internal Revenue Code Section 501(c)(3) or is a local unit of government, and that it has not received any revocation or suspension notice from the IRS. The Grantee also agrees to notify the Foundation of any change in exempt status during the grant period. B. The Grantee hereby agrees to carry out this project and to use the grant funds only for the designated purpose as described in the grant application submitted to the Foundation. The Grantee agrees to obtain consent of the Foundation when activities deviate substantially from said grant application. The Grantee further agrees not to use the funds for any purpose prohibited by law. C. The Grantee hereby agrees to notify the Foundation about any of the following: • Any change in key personnel of the project or organization; • Any change in address or phone number; • Any development that significantly affects the operation of the project or the organization. D. The Grantee hereby agrees to maintain its books and records to show and separately account for the funds received under this grant, to maintain records of expenditures adequate to identify the purposes for which grant funds have been expended for this project, and to retain such records for three years. DocuSign Envelope ID: 8689F907-D683-43C0-A3F8-308ECO2EEEDC E. The Grantee hereby agrees to permit the Foundation, at its request, access to the Grantee files and records related to this grant, and make available relevant financial audits, verifications, and investigations. F. The Grantee hereby agrees to repay to the Foundation any portion of the grant which remains unused or is not used for the purposes specified within the grant application. Such payment is to be remitted along with the Grantee's final reports, all due 30 days after the grant period ends. G. The Grantee hereby agrees to provide the Foundation with a copy of any final plan, written reports, or digital materials resulting from this grant and such materials shall contain the following statement: "This project was funded in part by the Initiative Foundation, a regional foundation." H. The Grantee hereby agrees to defend and hold harmless the Foundation and its officers and employees from and against any claim, including the expense of investigation and defense of such claim, arising out of or in any way connected with this project, grant or expenditure of grant funds. I. The Grantee hereby agrees to comply with the reporting requirements and is bound by its terms as stated in this Grant Agreement. Failure to do so may result in repayment to the Foundation by the Grantee for all or part of the grant and jeopardize future grant funding. J. The Grantee hereby authorizes the Foundation to use the information provided by the Grantee for the purpose of social and public media, including news releases, articles and updates in print or digital mediums. K. The Grantee hereby agrees to submit the following information: 1) Financial Report form and Grantee Progress Report form are due within 30 days after December 31, 2019, which is the end of the grant period. 2) Other information supported by project funds, e.g. final documents such as survey results, comprehensive plan, housing study, etc. Thank you for all you are doing to build community in central Minnesota. The responsibilities and obligations outlined in this grant agreement are intended to hold ourselves and our grantees to the highest standards of accountability for greatest impact to our donors, constituents and to the children, families, and communities that we serve. Without strong partners like you, our work would be impossible. Initiative Foundation rv DocuSigned by: bl,, RAMat"', Don Hickmany��y VP for Community & Nonprofit Development 1/18/2019 Date: City of Monticello DocuSigned by: 9 OLIW(, v Jeff O'Neill City Administrator Date: 1/28/2019 CITY OF MONTICELLO RESOLUTION NO. 2019-13 RESOLUTION ACCEPTING A GRANT FROM CENTRAL MINNESOTA INITIATIVE FOUNDATION WHEREAS, The City of Monticello has applied to the Central Minnesota Initiative Foundation a grant to help support a study coordinated by the Coalition of Utility Cities and prepared by the Minnesota Center for Energy & Environment (MNCEE) to document impact of transitioning out utility economy dependence; and WHEREAS, The City of Monticello has been notified by the Central Minnesota Initiative Foundation that they have received a grant award for the above project in the amount of $10,000. NOW THEREFORE, BE IT HEREB Y RESOL VED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO: That the City Council authorizes accepting a grant of $10,000 from the Central Minnesota Initiative Foundation. Adopted by the Monticello City Council this 11th day of February, 2019. Brian Stumpf, Mayor ATTEST: Jennifer Schreiber, City Clerk City Council Agenda: 2/11/2019 2F. Consideration of aimrovine an amlication for a temuorary charitable gambling uermit for a quilt raffle to be conducted by the Church of Saint Henry on March 31, 2019 (JS) A. REFERENCE AND BACKGROUND: St. Henry church has applied for a temporary charitable gambling permit for a quilt raffle to be held on Sunday, March 31, 2019. The event is being held at Little Mountain Elementary, 9350 Fallon Avenue. To receive a permit from the State, the City must approve the application. In the past the City has not opposed these exempt gambling license applications for charitable events. B. ALTERNATIVE ACTIONS: 1. Motion to approve the application for a charitable gambling permit for a quilt raffle on March 31, 2019, at Little Mountain Elementary, 9350 Fallon Avenue. 2. Motion to not approve the application for a charitable gambling permit. C. STAFF RECOMMENDATION: Staff supports Alternative #1 and requests Council to approve the application which will be submitted to the State Gambling Control Board. D. SUPPORTING DATA: • Copy of Application for Exempt Gambling Permit MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that: • conducts lawful gambling on five or fewer days, and • awards less than $50,000 in prizes during a calendar yea r. If total raffle prize value for the calendar year will be $1,500 or less, contact the Licensing Specialist assigned to your county by calling 651-539-1900. ORGANIZATION INFORMATION Organization Name: Church of Saint Henry, Monticello Minnesota Tax ID Number, if any: 8507537 Mailing Address: 1001 E 7th Street City: Monticello 11/17 Page 1 of 2 Application Fee (non-refundable) Applications are processed in the order received. If the application is postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is $150. Due to the high volume of exempt applications, payment of additional fees prior to 30 days before your event will not expedite service, nor are telephone requests for expedited service accepted. Previous Gambling Permit Number: x-86019-18-011 Federal Employer ID Number (FEIN), if any: 41-0764106 State: MN Zip: 55362 County: Wright Name of Chief Executive Officer (CEO): Anthony G. VanderLoop CEO Daytime Phone: 763-295-2402 CEO Email: frtonyvanderloop@sthenrycatholic.com (permit will be emailed to this email address unless otherwise indicated below) Email permit to (if other than the CEO): ddui�ay@sthenrycatholic.com NONPROFIT STATUS Type of Nonprofit Organization (check one): = Fraternal 0 Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 ❑ IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ❑ IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): Little Mountain Elementary Physical Address (do not use P.O. box): 9350 Fallon Av Check one: ❑] City: Monticello DTownship: Zip: 55362 Zip Date(s) of activity (for raffles, indicate the -date of the drawing): March 31st: 2019 Check each type of gambling activity that your organization will conduct: County: Wrioht County: 0 Bingo = Paddlewheels = Pull -Tabs = Tipboards = Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. LG220 Application for Exempt Permit ii/17 Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL for a gambling premises located within city limits The application is acknowledged with no waiting period. The application is acknowledged with a 30 -day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). FIThe application is denied. Print City Name: Signature of City Personnel: Title: Date: The city or county must sign before submitting application to the Gambling Control Board. COUNTY APPROVAL for a gambling premises located in a township he application is acknowledged with no waiting period. he application is acknowledged with a 30 -day waiting period, and allows the Board to issue a permit after 30 days. Ohe application is denied. Print County Name: Signature of County Personnel: Title: Date: TOWNSHIP (if required by the county) On behalf of the township,I acknowledge that the organization is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best.of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: Print Name: REQUIREMENTS Date: (Signature must be CEO's signature; designee may not sign) MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and • all gambling conducted on one day. application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to 'supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process the application. Your organization's name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to Board members, Board staff whose work requires access to the information; Minnesota's Depart- ment of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. This form will be made available in alternative format (i.e. large print, braille) upon request. An equal opportunity employer City Council Agenda: 2/11/2019 2G. Consideration of approving a Cooperative Fire Protection Agreement with the Minnesota Department of Natural Resources (DK/MM) A. REFERENCE AND BACKGROUND: City Council is asked to approve an agreement with the Department of Natural Resources for service agreements and pricing. This is a standard 5 year contract that the Department of Natural Resources sends to every city in Minnesota. It lays out the conditions and amount they will reimburse us should they call us to assist on a wildland fire. There have been no changes to this contract in the last 5 years. Al. Budget Impact: None A2. Staff Workload Impact: Review of contract. B. ALTERNATIVE ACTIONS: 1. Motion to approve the Cooperative Fire Protection Agreement with the Minnesota Department of Natural Resources. 2. Motion to deny the contract. C. STAFF RECOMMENDATION: City staff recommends Alternative #1. D. SUPPORTING DATA: • Department of Natural Resources Contract. 1 tM1n A MI..IRS. n NA -01966-06 01-3-2019 Minnesota Department of Natural Resources Division of Forestry and the Monticello Fire Department Cooperative Fire Protection Agreement Agreement Number: (16 312 86109) THIS COOPERATIVE FIRE PROTECTION AGREEMENT, is made and entered into by and between the State of Minnesota acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "DNR" and the Monticello Fire Department, hereinafter referred to as the "Fire Department," as authorized by M.S. 88.04 subd. 4; 88.11 subd. 1; and 89.01 subd. 4 I. PURPOSE The purpose of this Cooperative Fire Protection Agreement is to, cooperate in the prevention and suppression of wildland fires as authorized under M.S. 88.04. Assistance will only be provided when requested, when resources are available, and can be committed without diminishing either party's ability to protect its own jurisdiction. II. STATEMENT OF MUTUAL BENEFITS AND INTERESTS The DNR, Division of Forestry, is responsible for the prevention and suppression of wildland fire within the state. The Fire Department is responsible to prevent and extinguish all unwanted fires within its fire protection area. It is mutually advantageous and in the public's interest for the parties to this instrument to coordinate and assist in each other's efforts in prevention, detection, and suppression of wildland fires and to cooperate in fire hazard reduction in and adjacent to areas of mutual responsibility. III. THE FIRE DEPARTMENT SHALL: 1. Provide fully staffed and equipped fire fighting resources, when available for wildland fire suppression, as listed on the attached rate schedule. 2. Indemnify, save and hold the State, its representatives and employees, harmless from any and all claims or causes of action, including all attorneys' fees incurred by the State, arising from the performance of this Agreement by the Fire Department or Fire Department's employees, agents or subcontractors. This clause shall not be construed to bar any legal remedies the Fire Department may have for the State's failure to fulfill its obligations pursuant to this Agreement. 3. Assume full responsibility, including legally required insurance and Workers' Compensation for all Fire Department personnel provided under this agreement. 4. Respond to all calls for wildland fires within the Fire Department's fire protection area when requested by the DNR. 5. Respond to additional wildland fire calls outside the Fire Department's fire protection area at the request of the DNR and at the discretion of the Fire Chief. 6. Submit a report to the DNR within 24 hours of any wildland fire on which the Fire Department takes independent action. Reporting can be in the form a DNR Fire Report Card, fax, e-mail, fire report form, DNR wildland fire invoice form, or other written communication that provides the same information as the Fire Report Card. Fire Department Cooperative Agreement rr.„u laza NA -01966-06 01-3-2019 7. Submit an invoice to the DNR within 30 days of an incident for which the fire department is requesting reimbursement. Invoices beyond 30 days may not be honored if the fire was not reported timely to the DNR. 8. Stay with all wildland fires until out, or released by a DNR incident commander, or until called to another incident within the Fire Department's protection area, provided the wildland fire is considered safely contained. 9. Be committed to protection of lives and buildings as its first consideration. 10. Through the Fire Department officers, determine its capabilities and assume final decision authority on commitment of its vehicles and personnel into any area of operation that is requested by DNR personnel. 11. Furnish all tools, equipment, supplies, fuels, and lubricants, except for those items furnished by the DNR, as stated in this Agreement. 12. Assist the DNR with distribution of fire prevention materials and wildland fire prevention presentations. 13. Bill the DNR for wildland fire runs at the agreed upon rate per run. When additional resources are requested by DNR Forestry, beyond the first 2 hours (the "run') hourly rates for specific requested equipment, as described in the attached Rate Schedule, will apply. Invoices must be submitted within thirty (30) days of the fire(s). IV. THE DNR SHALL: 1. Respond with specialized equipment for wildfire response, when possible, at the request of the Fire Chief or designate. This equipment includes, but is not limited to dozers, all terrain tracked vehicles, engines and aircraft. 2. Investigate violations of the burning laws of the State. (M.S. 88.01 to 88.22 and 88.75) This includes billing the responsible party for all wildland fire suppression costs of the DNR, and the Fire Department if the DNR pays the Fire Department for responding to the fire. 3. Assist the Fire Department in obtaining Federal Excess Property, specialized equipment, or grants for improving their firefighting capabilities. 4. Assist the Fire Department with procuring and distributing fire prevention materials. 5. Provide wildland fire suppression training to the Fire Department as workload permits. 6. Reimburse the Fire Department for wildland fire runs, according to the terms of this agreement. 7. Make reasonable effort to release the Fire Department as soon as possible to ensure that the Fire Department is available for other emergency response calls. V. REIMBURSEMENT POLICIES: 1. Lower rates may be negotiated for extended use at the Fire Department's discretion. 2. When the Fire Department is dispatched through its normal dispatch procedures, and not specifically requested by the DNR, the Fire Department shall only bill for a Wildland fire run. (A Wildland Fire Run is described as the fire department's response to a wildland fire that takes up to two (2) hours to suppress.) 3. For hourly billing of equipment requested by DNR Forestry, after the wildland fire run (first 2 hours), time will be rounded to the nearest half hour. Billable time should begin when the Fire Department leaves its station and continue until it returns to its station. Time spent refurbishing and readying equipment for the next call shall not be included as billable time. 4. The fire chief and local DNR forester may discuss charges that are in question prior to submitting a final invoice for payment. 5. If the Fire Department is released by the DNR before the Fire Department has taken any suppression Fire Department Cooperative Agreement rum WWT�T IN tlIYITLHS b n! NA-01966-06 01-3-2019 action on the fire, the Fire Department shall not submit a bill for the run. 6. Attached rates shall be reviewed annually and may be changed with signature of the parties to this Agreement, or their successors in position. This Agreement is effective on the date of the last signature and is to continue in force for five (S) years or until terminated by either party giving thirty (30) days written notice to the other. Both parties should review this Agreement annually. Monticello Fire Department: /s/ Date: Title: G (e - State of Minnesota Department of Natural Resources: /s/ Area Forester Fire Department Cooperative Agreement Date: WRRTI j ]f MOI:Rt Hcftlll5. NA -01966-06 01-3-2019 Monticello Fire Department Cooperative Agreement Rate Schedule ITEM DESCRIPTION NUMBER WORK RATE * STANDBY RATE OF PERSONNEL a. rate b. per unit a. rate* b. unit (include NWCG type, make, model, year, serial number and special W/ (includes (hour, etc.) (hour, etc.) features, such as 4X4, CAF or foam proportioners) EQUIPMENT personnel) a. 2004 Chevy 3/4 ton grass truck w/250 gallons water 4x4 Utility 6 $12 an 2 $150.00 Hour $12 hour per firefighter b.(Utility 1) 2003 Ford F350 w/300 gallons $12 an 5 $200.00 Hour $12 hour per firefighter c. Polaris 4x4 Ranger — 60 gallons of water $12 an 2 $100.00 Hour $12 hour per firefighter d. Water Tender T-300 w/3000 gallons water (T-3) $12 an 2 $350.00 Hour $12 hour per firefighter e.Engine 1 -Class A pumper 1000 gallons water 1500 GPM Pump $12 an Foam Class A 6 $350.00 Hour $12 hour per firefighter f.Engine 4 — Class A Pumper 1000 gallons water — 30 gallons Class $12 an A Foam — 1500 GPM Pump 5 $350.00 Hour $12 hour per firefighter g. 2014 Freightliner M2 Tender/Pumper — 3,000 gal. 750 gpm $12 an pump (T7) 2 $350.00 Hour $12 hour per fire fighter h. Additional Requested firefighters Per hour Same Per hour Each per as work per firefighter rate firefighter *Standby rates shall be equal to 1/2 of the work rate, and shall apply only if equipment and personnel are ordered by the DNR to be staged and available for immediate action. Special Rates: a. The Fire Department will only bill on wild land fires requiring more than 2 hours to suppress and/or when DNR Forestry requests additional resources. b. The Fire Department will charge $350.00 for the first 2 -hour response on fires requiring more than two hours to suppress. After two hours, equipment or personnel requested by the DNR will be charged at the rates in the above Rate Schedule. c. The Fire Department may bill from the time of initial response for fires on DNR administered lands, regardless of the length of time needed to suppress the fire. ($350.00 for first two hours and then according to the rate schedule for subsequent hour). The above rates have been agreed upon by: Monticello Fire Department Little Falls DNR Area /s/ Date: Area Forester /s/ Date: Fire Chief /s/ Regional Forest Manager (if required) Fire Department Cooperative Agreement Date: City Council Agenda: 2/11/2019 2H. Consideration of approving purchase of a backup generator for the new fire station from Zieglar Power Svstems in the amount of $37,874 (DK) A. REFERENCE AND BACKGROUND: City Council is asked to accept quotes from Ziegler Power Systems, Shakopee MN for the purchase of the back up generator for the new fire station. This purchase was in the budget for the new station approved by council. This generator will provide full power to the station in the event of a power loss. All the quotes received were verified by the electrical engineer as valid per requirements. For a contract estimated to exceed $25,000, a municipality must consider the availability, price and quality of supplies, materials, or equipment available through the state's cooperative purchasing venture before purchasing through another source. This item was priced under nation consortium pricing. Please note that under the architects estimate, the projected cost for this item including the electrical switch equipment was set at $100,000. Al. Budget Impact: This item is included in 2019 new fire station construction budget. A2. Staff Workload Impact: This generator will allow the new station to continue to function at full capacity during an emergency or disaster. B. ALTERNATIVE ACTIONS: 1. Motion to approve purchase of the generator in the amount of $37,874.05 from Ziegler Power Systems. 2. Motion to deny purchase of the generator in the amount of $37,874.05 from Ziegler Power Systems 3. Other C. STAFF RECOMMENDATION: City staff recommends Alternative #1. D. SUPPORTING DATA: A. Quote from Caterpillar for the generator B. Quote from Cummings for the generator C. Quote from Kohler for the generator CITY OF MONTICELLO VERBAL/WRITTEN QUOTE SUMMARY SHEET Minimum 2 verbal or written quotes required for items/services costing at least $1,000 but less than $2,500. Minimum 3 written quotes required for items/ services costing at least $2,500 but less than $10,000. No Quotes are required for items purchased through state cooperative purchasing venture. Use this form to summarize quotes received and to select vendor for award. Name: D *J k Jr .f h� Dept: F174 c Phone: 7( 3 Signature of Person Obtaining Quotes: Item/Service Requested: G Floe- Aje- of Note: If you are unable to obtain required number of quotes, provide an explanation below in notes/comments. # Date Vendor Name Contact Person l C iti S Bru i4ni sot,) 2 1 2 Tc G Jt K kv i -c Powlfe- CY51 cam? r4m 3 j`a r i -D „lo lG�, q ��►a y 4 5 Selected Vendor: 2- -Tt G itis Poo,) � 4 Phone Number Total $ Amount Quoted (If you are selecting other than low quote, you are required to provide written justification as to why low quote was not selected in the notes/comments section): Notes/ comments: Approval Acknowledgement: Date: Attach this form and written quotes obtained to invoice. Questions may be directed to the Finance Department. Quote Summary Sheet 10/27/2015 Date: January 11, 2019 To: City of Monticello Proposal by ZIEGLER Power Systems 8050 State Highway 101 Shakopee, MN 55379 952-233-4349 Re: Proposal No. EPG30547644 Standby Generator Sourcewel l Rev 1 Attn: Dan Klein "Monticello Fire Dept.- SOURCEWELL 120617 -CAT" WE PROPOSE TO FURNISH INACCORDANCE WITH THE FOLLOWING SPECIFICATIONS, TERMS AND CONDITIONS QUANTITY: One (1) new CATERPILLAR emergency standby generator set Skid base unit to be placed inside building MODEL: DG 125-2 — Natural Gas RATING: 125KW Stand-by VOLTAGE: 208/120Volts, 3 phase, 60 HZ, 1800 RPM BREAKERS: Two (2) mainline circuit breaker Thermal magnetic trip 400 amp, 3 pole 100% rated, Shunt trip SWITCHGEAR One (1) open transition, automatic transfer switch 400 amp, 4 pole, 208 volt, Nema 1 WARRANTY: Four (4) year 2,000 hour INSTALLATION:. By Others - Rigging, mechanical, electrical CATERPILLAR LIST PRICE: $ 47,753.00 SOURCEWELL DISCOUNT 35%: ($ 16,713.55) GENERATOR PRICE: $ 31,039.45 ATS PRICE: $ 2,400.00 FACTORY FREIGHT: $ 2,000.00 DEALER PREP: $ 684.60 STARTUP: $ 1,750.00 SOURCEWELL BID PRICE: $ 379874.05* *Price does not include state or local sales and/or use tax *Please refer to the attached Bill of Material. Standard Zieeler Power Svstems Confidentialitv Clause The recipient shall not disclose or otherwise make available to any other person or entity, or use other than in connection with performance of the Services which are the subject of this proposal, the contents of this proposal or any other documents, data or information previously delivered or to be delivered to the other party in connection herewith, except as such disclosure may be required by governmental or regulator authorities. Information may be divulged to other parties if prior written approval from Ziegler Power systems has been obtained. ESTIMATED DELIVERY. • 14-15 weeks after submittal approval F.O.B. Jobsite, on truck TERMS: Net 20 days - 90% billed at delivery, 10% billed at start-up ACCEPTED: Respectfully submitted, ZIEGLER INC. By: K y (,e., Frovvw Kyle From, Sales Engineer By Subject to approval by APPROVED: ZIEGLER INC. Its BILL OF MATERIAL EPG30547644 -1- ONE (1) NATURAL GAS EMERGENCY STANDBY GENERATOR SET, RATED AT 125KW STANDBY, 3 PHASE, 60 HZ, 208/120 VOLT, 1800 RPM. ENGINE SPECIFICATIONS Meets EPA Regulations 8.8 Liter, V8 Engine Electronic governor Oil filter, spin -on type Radiator cooling system, blower fan Water pump 12V DC starting system Jacket water heater, 120 volt, 1500 watt Alternator, 30 ampere, 12 VDC Fuel system: Natural Gas NFPA110 compliant / UL2200 listed STANDARD ENGINE SAFETY FEATURES Shutdowns with individual warning lamps Fail to start / overcrank High coolant temperature Low lube oil pressure Over -speed Over -voltage GENERATOR SPECIFICATIONS Class H insulation, rotor and stator, single bearing design Flexible coupling 105C Temperature rise Solid-state regulator, +/-1 % regulation Two (2) UL mainline circuit breaker, Thermal Magnetic Trip, 400 amp, 3 pole, 100% rated, Shunt trip CONTOLLER EMCP 4.2 Series control panel features: Run/off/auto switch Remote signals/contacts from panel Terminals for remote emergency stop Common fault alarm signal Start/Stop volt free control Panel lights Audible alarm Three (3) attempt start timer (adjustable) Lamp test pushbutton AC instrumentation for volts, amps, frequency Seven (7) position voltmeter phase selector switch Four (4) position ammeter phase selector switch Red lockdown stop pushbutton BILL OF MATERIAL EPG30547644 -2- AUTOMATIC 2- AUTOMATIC TRANSFER SWITCH One (1) open transition, automatic transfer switch 400 amp, 4 pole, 208 volt, nema 1 ANCILLARY EQUIPMENT Skid base mounted — to be installed in building Battery charger, 10 ampere, static, generator mounted Heavy duty battery, with battery rack and cables Gas flex connection One (1) remote E stop — Shipped Loose PROJECT MANAGEMENT SERVICES Submittal drawings Dimensional drawings Electrical schematics Product specifications Prototype testing Production testing Technical assistance - coordinated through Ziegler project manager Jobsite startup Operation and maintenance manual Engine, generator Warranty, four (4) year, 2000 hours COMMENTS AND CLARIFICATIONS Mechanical & electrical installation not included Exhaust and intake louver equipment not included Crane services for setting unit on pad not included Delivery by Ziegler Power Systems Concrete pad not included NOTES Ziegler limits the scope of supply for this quotation to the equipment and services listed. Equipment not listed is assumed to be provided by others. Orders are subject to re -stocking charges if cancelled after release for production. State and local permits for fire, air, fuel tanks or building permits are not included and provided by others. Start-up labor is to be performed during normal business hours, Monday through Friday 7:30 am to 4:00 pm. Training is to be performed at the end of start-up. Additional trips or delays required or requested due to contractor delay and/or issues with equipment not provided from Ziegler Power Systems will be billed at published field service rates. BILL OF MATERIAL EPG30547644 -3- Terms: 3- Terms: • Extension of contract beyond term must be at the mutual agreement of the parties. • Ziegler Inc. shall not be liable for consequential damages or damages beyond our control. • This quotation is subject to availability at time of order • Customer is responsible for adequate site conditions and security. • Customer is responsible for scheduled maintenance and fuel costs. • Customer must provide adequate insurance to cover equipment damage or loss. • Price(s) do not include state or local sales and/or use taxes. • Quotation is valid for 60 days. PROVISIONS OF THE CONTRACT AND WARRANTY The prices quoted are current and are subject to change to those in effect at the time of shipment. Caterpillar products are sold subject to the terms of the applicable Caterpillar warranty. Copies of the warranties applicable to this purchase are attached hereto, and the purchaser by signing this order acknowledges receipt of the Caterpillar warranties on Forms. The Purchaser agrees to pay any and all taxes, assessments, licenses, and government charges of every kind and nature whatsoever upon said equipment which may be imposed or assessed against or resulting to the Seller on account of the possession or use of said equipment by 'Purchaser. All provisions hereof are contingent upon government restrictions, strikes, accidents, delays of carrier and other delays unavoidable and beyond Seller's control. It is intended and understood that title and ownership of said equipment is and shall remain vested in the Seller, notwithstanding delivery or possession, until the entire price is paid in full. Quotation Cummins Sales and Service 1600 Buerkle Road Wh ite Bear Lake M N 55110 U n ited States Direct: 651-286-2124 January 7, 2019 Project Name: Monticello Fire Dept. Housing Rev 2 Without Housing Quotation: 36429873 Thank you for your inquiry. We are pleased to quote as follows: Item Description Qty Spark Ignited Genset: 60Hz-125kW U.S. EPA, Stationary Emergency Application C125 N6 Spark Ignited Genset: 60Hz-125kW Duty Rating -Standby Power Listing -UL 2200 OSHPD Seismic Certification IBC Seismic Certification NFPA 110 Type 10 Level 1 Capable Emissions Certification -Spark Ignited, EPA, Emergency, Stationary, 40CFR60 Fuel System -Natural Gas Voltage -120/208,3 Phase,Wye,4 Wire Alternator-60Hz,12L,208/12OV,120C,40C amb Generator Set Control-PowerCommand 2.3 Exciter/Regulator-Pmg, 3 Phase Sensor Engine Governor -Electronic, Isochronous Only Display Language -English Gauge -Oil Pressure Signals - Auxiliary, 8 Inputs/8 Outputs Stop Switch -Emergency Control Mounting -Left Facing Heater -Alternator, 120 Volt AC old Load Connection -Single CB or EB or TB -Bottom Entry, Right CB,Loc A,125A-400A,3P,LS1,600VAC,100%,UL Skidbase-Housing Ready Engine Starter - 12 VDC Motor Battery Charging Alternator -Normal Output Engine Cooling -High Ambient Air Temperature Shutdown -Low Coolant Level Extension -Engine Coolant Drain Engine Coolant -50% Antifreeze, 50% Water Mixture Coolant Heater, Extreme Cold Ambient Engine Air Cleaner -Normal Duty Exhaust Connector -NPT Engine Oil Heater -120 Vac, Single Phase Engine Oil Genset Warranty- Base Literature -English Packing -Skid, Poly Bag Rack -Battery Extension -Oil Drain Common Parts Listing Product Revision - A Annunciator-RS485, Panel Mount w/ Enclosure Critical Silencer/Muffler-Side Inlet End Outlet-5"ASA Flange Kit, Exhaust Pipe Package -Side Inlet-4"NPT to 5"ASA Service Entrance Transfer Switch -Electronic Control: /1000A OTECSE1000 SrvcEntrTransferSwitch,PwrCmd,1000 Amp Poles -3 Listing -UL 1008 Frequency -60 Hertz System -3 Phase,3 Wire Or 4 Wire Voltage -208 Vac Cabinet -Type 1 Battery Charger -15 Ampere, 12 Volt, 50/60 Hertz Genset Starting Battery-12VDC Clock -Exercise, External Relay -Elevator Signal Transfer Switch Warranty -2 Yr Comprehensive Common Parts Listing Product Revision - A Freight to site Startup NFPA 110 -4 -Hour Load Test Gas regulator kit Grand Total $42,900.00 Upon Acceptance of this Proposal, Customer accepts the proposed products as well as the attached Cummins Inc terms and conditions. Printed Name: Job Name: Monticello Fire Station F, ToniEurysyW+s,ILC Proven Provider of Critical Power Solutions Offer: 0119DS 19-2 Quote Number: 0026509169 To: Dan Klein From: Dan Slagle Industrial Sales Total Energy Systems LLC P: 612-248-4709 dslagle@totalenergysystems.com Generator Kohler Model: 125REZGC This gas generator set equipped with a 4R12X alternator operating at 120/208 volts is rated for 124 kW/155 kVA. Output amperage: 430. Qty Description 1 125REZGC Generator Set Includes the following: Literature Languages Approvals and Listings Engine Nameplate Rating Voltage Alternator Cooling System Skid and Mounting Air Intake Controller Circuit Breakers (2) Warranty English UL2200 Listing/cUL Genset List 125REZGC, Single Fuel, NG Standby 130C Rise 60Hz, 120/208V, Wye, 3Ph, 4W 4R12X Unit Mounted Radiator, 50C Skid, 34" Standard Duty APM402 Run Relay 2 Input/5 Output Module Pre Alarms, NFPA-110 Block Heater - 1800W,110 -120V Radiator Duct Flange Battery Charger, 6A 400A, Electronic, LSI Auxiliary Contact, Qty. 1 Shunt Trip Additional Gas Solenoid Valve Coolant in Genset 2 Year Power Factor Test,0.8,3Ph K HUX Power Systems Version 1.0 01/16/2019 Page 1 Page 1 Job Name: Monticello Fire Station Offer: 0119DS 19 Toil tuefff Sonal LLC Quote Number: 0026509169 Version 1.0 01/16/2019 Page 2 1 Silencer, Critical,4"NPT,SIEO 1 Flexible Exhaust Conn, 4" NPT 1 Flexible Fuel Line (Nat/LP) 1 CCV Heater 1 RSA III, Annunciator Panel Remote Estop Maintenance Service Extra Materials Primary Fuel Regulator Automatic Transfer Switch #1 ATS AMPS: 0800 QTY: 1 Product:7000 Series Bypass Transfer Switches Catalog Number: H7ADUBB30800C5XC,1G,17AL,181318G,31Z,40JB,72EE2 Service Voltage / Hz: 208V/60Hz Optional Accessories: 1 G,1 7AL, 1 8B, 1 8G,31Z,40JB 72EE2 Bypass Isolation: YES Product Description: 7000 Series, Automatic Service Entrance Delayed Transition Bypass Switch - Breaker on Normal No. of Switched Poles: 4 Enclosure: 1(C) -UL Type 1 Enclosure 1 — 400A Nema 3R Load Bank Connection Cabinet START-UP 1. Start-up, must be scheduled a minimum of 10 - 14 days prior to requested start-up date. Contact the Service Department at 1.888.548.1400 ex 3301 or servicea.totalenerovsystems.com for date and time. SERVICE ITEMS INCLUDED WITH THIS QUOTE: Lubricating Oil Antifreeze - 50/50 Mix Battery Start Up Service NFPA 110 Acceptance Test Load Bank Test at Site — 4 Hour Training session will be provided at the conclusion of the system start up. CLARIFICATIONS WHLE& Power Systems Page 2 r�ru�yys�ans,uc Job Name: Monticello Fire Station Offer: 0119DS 19-2 Quote Number: 0026509169 Version 1.0 01/16/2019 Page 3 1. Total Energy System's proposal is based on meeting the functional intent and system requirements of the job description. 2. Unless specifically listed in our Bill of Material, equipment not indicated is assumed to be supplied by others. We reserve the right to correct any errors or omissions. 3. System coordination studies and/or relay setting studies are by others. Protective relay calibration and settings, NETA testing by others. Also Included: Freight to Site, Start Up and Testing. Not Included: Unloading, Install, Permits, Fuel Piping or Exhaust Piping. 126REZGC Kohler List Price: $43,873.00 Sourcewell Member Discount %30: NGPA Member Discount FOB Kohler WI: $30,711.00 1000A Service Rated ATS (KEP-DCTC-1000S-PK): $18,874.00 Sourcewell Member Discount %30: NGPA Member Discount FOB Kohler WE $13,211.80 Open Market Items: ASCO Bypass Transition Service Rated ATS from Specification: $26,023.00 less 5% NJPA Discount $24,784.00 400A Load Bank Connection Cabinet: $2,340.00 less 5% NJPA Discount $2,223.00 Freight to Site: $1,300.00 less 5% NJPA Discount $1,235.00 Start Up and Load Bank Test: $1,901.00 less 5% NJPA Discount $1,806.00 Primary Fuel Regulator: $363.00 less 5% NJPA Discount $344.00 Price does not include any applicable taxes or installation Lead Time: 16-18 Weeks OFFER ACCEPTANCE I hereby authorize Total Energy Systems LLC to use this form as a bona fide purchase order of the equipment shown on Offer Number: 0119DS19, which clearly establishes definite price and specifications of material ordered. The person signing is doing so according to the terms and conditions. Proposed by: Company: Print Name.- Title: ame:Title: Signature: Total Energy Systems LLC Dan Slagle Industrial Sales Accepted by: Company: Print Name: Title: Signature: KOHLEk Power Systems Page 3 Job Name: Monticello Fire Station T Offer: 0 1 19DS 19 igml be W*ms, LLC Quote Number: 0026509169 Version 1.0 01/16/2019 Page 4 Date: Date: PO Number: PLEASE NOTE: A. Quotation is firm for 60 days. B. Off-loading, installation, insulation, etc. of all associated equipment is not included, unless otherwise stated. C. NETA Testing, if required, is not included and will be completed by others. D. Fuel, fuel piping plans, installation and permitting of tanks or piping, if required, is not included. E. Quotation meets functional intent of specifications, either verbal or written, unless otherwise noted. F. State and/or local permits, where applicable, are not included and must be purchased by owner or installing contractor. G. Videotaping of training is not provided due to liability reasons. TERMS AND CONDITIONS: TERMS: Payment is: 30% at submittal drawing approval, 60% when equipment is delivered/received to site and 10% at start-up acceptance of system. Unless alternative terms are agreed upon prior to acceptance. CREDIT CARD PAYMENTS: Credit card payments are subject to a processing fee of up to 3%. GENERAL: Stenographical and clerical errors are subject to correction. Orders resulting from quotations become contracts. Any agreement or other understanding, supplementing or modifying the conditions of the contract resulting from our acceptance of an order will not be mutually binding unless made in writing. LIABILITY: We accept orders under the condition that we are not to be liable for losses or delays caused by strikes, accidents, fires or any other cause beyond our control. Damage resulting from improper storage or handling prior to placing products in service will not be considered our liability. We will not assume any responsibility, expense or liability for repairs made without our written consent. We assume no contingent liability for losses sustained by any purchases through the use of any of the products described. RETURNED MATERIAL: No material may be returned without first obtaining written approval, and no claim will be allowed nor credit given for material returned without such written approval. It is your duty to inspect goods within ten days after receipt. SHIPMENT: Our responsibility ceases with the delivery of merchandise in good order to transportation companies. Claims for shortage or damage in transit must be made by the customer against the carrier. In the absence of definite shipping instructions, we reserve the right to ship all material, upon completion, by any public carrier, which in our opinion is satisfactory. TAXES: State and local sales and use taxes and excise taxes, where applicable, are in addition to quoted prices and will be billed unless the purchaser promptly certifies that the goods are for resale or are otherwise exempt. GUARANTEE: As outlined by appropriate manufacturer. STORAGE: Storage can be provided after production completion at $200 per month; terms still apply. CANCELLATION: All orders cancelled after submittal completion are subject to a $500 fee. All orders cancelled after the submittal is approved are subject to cancellation charges of 50% submitted by factory to Total Energy Systems. KOHLER. Power Systems Page 4 City Council Agenda: 2/11/2019 2I. Consideration of adopting Ordinance 711 titled Cable Ordinance and Ordinance 712 granting a 15 vear franchise agreement to CC VIII Operating LLC/L/K/A Charter Communications to construct, operate, and maintain a cable system and provide cable service in the Citv of Monticello and Summary Ordinances 711A and 712A for publication. (RL) City Council is asked to adopt Ordinance 711 establishing regulations governing delivery of cable service in Monticello and Ordinance 712 granting a 15 year cable franchise agreement for Charter Communications. Both documents were negotiated through the Sherburne Wright Cable Commission attorney and are essentially standard for all cities in the Commission. Negotiating the terms of the agreement through the Commission provides greater bargaining strength given the number of cities; however, Monticello is one of the few in the group with multiple cable providers. Since franchise agreements cannot create different burdens or advantages for providers, the proposed agreement with Charter will set the standard for renewals with TDS and FiberNet in 2020 and 2025 respectively. Charter requested renewal of its franchise with a letter to the City in May 2017. After hearing from Cable Commission attorney Bob Vose and learning about the changing circumstances surrounding these renewals, the Commission directed Mr. Vose to negotiate on behalf of all the cities and preserve the current agreement to the extent possible. The Commission emphasized a desire to protect the current community programming arrangement, provide for future delivery of PEG in HD, and preserve franchise fee and PEG fee funding. At a recent special meeting of the Cable Commission, Mr. Vose reported the primary goals have been preserved in the proposed agreement. In return, the Commission compromised regarding the provision of "free" cable services and converters to city and institutional sites, and regarding the addition of language to address the future potential for competition. Based on these terms, Mr. Vose recommended the individual cities adopt the revised general cable ordinance and the Charter franchise agreement. A summary of the most significant changes regarding the franchise and regulatory ordinance follows. • The Franchise(s) will be renewed for 15 years even though the cable industry generally is seeking shorter (often 10 year) renewals. We view this as beneficial. • The existing service area/system extension requirements are retained. The system must be extended wherever there are at least 9 homes per'/4 mile of new cable required to provide service. • Two PEG channels continue to be required -one programmed areawide by the Commission, and one narrowcast for individualized programming within each member city. Existing live origination sites are retained. • Within 120 days, the areawide channel must be made available in HD. Thereafter, when substantially all other channels are in HD, the city channels must be available in HD. • The Franchise Fee remains at 5% of gross revenues. The PEG Fee remains at $.85 per sub/per mos. Charter has resisted PEG Fees of this amount in renewals. City Council Agenda: 2/11/2019 Language has been added more clearly restricting PEG Fees to capital costs consistent with GAAP, and requiring that the Commission and members also support PEG access programming at an equivalent level (presumably from Franchise Fees). • The existing system capacity and technical requirements are retained. • There are a number of revisions in the ordinances reflecting the fact that member cities have enacted comprehensive ROW regulatory ordinances as required by state law. These changes reflect that such ROW ordinances will control ROW management issues and that municipal authority over the ROW has not been waived or limited. • The right to free cable service has been limited to specified sites listed in Ex. A-2 to the Franchise, and generally only one converter box per site will be provided. • The existing $50,000 performance bond, insurance requirements, indemnification obligations, and Franchise enforcement mechanisms remain essentially unchanged. • The existing customer service obligations have been streamlined, however we believe all rights to address current, relevant customer concerns remain. • The renewal includes new "Equal Protection" language (Reg. Ord., Sec. 14.4). To summarize, this language will require that any competitive cable provider be subjected to essentially the same obligations and commitments and will give Charter more extensive rights to enforce this requirement. A. REFERENCE AND BACKGROUND: Al. Budget Impact: None. The attorney fees for the negotiation are covered by the Sherburne Wright Cable Commission. A2. Staff Workload Impact: None. B. ALTERNATIVE ACTIONS: Decision #1 1. Motion to adopt Ordinance 711 establishing regulations governing the delivery of cable service in Monticello and Summary Ordinance 711A for publication. 2. Motion to deny. Decision #2 1. Motion to adopt Ordinance 712 granting a new 15 year cable franchise agreement for Charter Communications and Summary Ordinance 712A for publication. 2. Motion to deny. C. STAFF RECOMMENDATION: Staff recommends Alternative #1 for both decisions. D. SUPPORTING DATA: A. Revised General Cable Ordinance No. 711 B. Summary Ordinance 711A City Council Agenda: 2/11/2019 C. Charter Franchise Agreement Ordinance No. 712 D. Summary Ordinance 712B CITY OF MONTICELLO ORDINANCE NO. 711 SECTION 1. FINDINGS AND INTENT The City finds that the delivery of Cable Service and related communications services may contribute significantly to the communication needs and desires of residents of the City, benefit local economic development, and improve public and municipal services. The City's intent in adopting this Cable Ordinance is to encourage further development of Cable Service and related communications services in the City, and to ensure that all Cable Service providers are subject to comparable obligations and burdens. SECTION 2. SHORT TITLE This Ordinance will be known and cited as the "Cable Ordinance." SECTION 3. DEFINITIONS For the purposes of this Cable Ordinance, the following terms, phrases, words, and their derivations have the meaning given herein. Unless otherwise provided herein, terms, phrases and words contained in this Cable Ordinance shall have the meaning ascribed in the Cable Act, 47 U.S.C. Sec. 521, et seq., or if not defined herein or in the Cable Act will have their normal and customary meaning. When not inconsistent with the context, words in the singular number include the plural number. The words "must" and "will" are always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. a. "Basic Cable Service" has the meaning ascribed in Cable Act Section 522(3). b. "Cable Communications System," "Cable Svstem" or "System" has the meaning ascribed in Cable Act Section 522(7). c. "Cable Programming_ Service" has the meaning ascribed in Cable Act Section 543(1)(2). d. "Cable Service" has the meaning ascribed in Cable Act Section 522(6). e. "Channel" shall mean a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel. f. "Off" means the City of Monticello, Minnesota, a municipal corporation, in the State of Minnesota. g. "Commission" means the Sherburne/Wright Counties Cable Communications Commission, a municipal joint powers entity consisting of the following municipalities: Big RJV-247390v5 j SH255-1 Lake, Buffalo, Cokato, Dassel, Delano, Elk River, Maple Lake, Monticello, Rockford and Watertown. h. "Converter" means a customer premises device required to receive Cable Service. i. "DLop" means the cable that connects the ground block at the Subscriber's location to the nearest distribution point of the System. j. "FCC" means the Federal Communications Commission, or its lawful successor. k. "Franchise", "Cable Franchise" or "Franchise Agreement" means an agreement between the City and any provider of Cable Service pursuant to this Cable Ordinance granting authorization to construct, operate and maintain a System and provide Cable Service in the City. 1. "Franchise Fee" has the meaning ascribed in Cable Act Section 542(g). in. "Grantee" is any recipient of a Franchise, and its agents and employees, lawful successors, transferees or assignees. n. "Gross Revenues" means all revenues, as determined in accordance with Generally Accepted Accounting Principles ("GAAP"), received by a Grantee or its affiliates from the operation of a Cable System to provide Cable Service in the City. By way of example and not limitation, Gross Revenues shall include any advertising revenues received by a Grantee or its affiliates in connection with the provision of Cable Service. Gross Revenues shall not include revenues received by a Grantee or its affiliates from the provision of Telecommunications Services or other non -Cable Services in the City, bad debt, credits, refunds and deposits paid to Subscribers, or any taxes, fees or assessments of general applicability collected by a Grantee which are imposed directly on a Subscriber and which are collected by a Grantee for such governmental unit including any PEG Capital Fees. A Franchise Fee is not such a tax, fee or assessment. o. "Installation" means the connection of a System from a distribution cable to the point of connection, including Standard Installations and custom Installations. p. "Normal Business Hours" has the meaning ascribed in the FCC's rules, 47 C.F.R. 76.309(c)(4). q. "Normal Oi)eratina Conditions" has the meaning ascribed in the FCC's rules, 47 C.F.R. 76.309(c)(4). r. "PEG Access Facilities" means public, educational, and governmental programming channels, or any equipment or facilities for use of such Channels as required by a Franchise. s. "Person" has the meaning ascribed in Cable Act Section 522(15). RJV-247390v5 2 SH255-1 t. "Right-of-Wav" or "Rights-of-Wav" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the local government unit has an interest, including other dedicated rights-of-way for travel purposes and utility easements of local government units. u. "Right-of-Wav Ordinance" means an ordinance of general applicability adopted and uniformly applied as to similarly situated ROW occupants by the City establishing requirements regarding regulation, management and use of Rights -of -Way, including registration and permitting requirements. v. "Standard Installation" means any residential installation that can be completed using a Drop of 125 feet or less. w. "Subscriber" means any Person who lawfully receives Cable Service via a System. x. "Telecommunications Services" shall have the meaning ascribed in 47 U.S.C. § 153(46). SECTION 4. FRANCHISES Section 4.1 Generally a. No Person may construct, operate, or maintain a Cable System or provide Cable Service in the City unless and until such Person is granted a Franchise. All Franchises must be granted pursuant to the provisions of this Cable Ordinance. Notwithstanding any provision to the contrary, any Franchises and this Cable Ordinance shall at all times be subject to, and without waiving, applicable law. b. Any Franchise granted hereunder will authorize a Grantee to deliver Cable Service and construct, operate and maintain a Cable System in the Rights -of -Way in the City. c. All Franchises shall be nonexclusive and City may grant additional Franchises at any time. The City will not grant an additional Franchise on terms and conditions more favorable or less burdensome than those in an existing Franchise. The City may impose additional terms and conditions in any additional Franchise. d. The City shall comply with Section 14.4 of this Cable Ordinance in the event an additional provider is legally authorized to provide Cable Service. e. This Cable Ordinance and Franchises granted pursuant hereto are intended to comply with Minnesota Statutes Chapter 238. Any applicable requirement established by Minn. Stat. 238.084 not expressly incorporated in this Cable Ordinance or a Franchise shall be deemed incorporated by reference in the Franchise as though fully set forth therein. RJV-247390v5 3 SH255-1 Section 4.2 Use of Rights -of -Way a. Use of Rights -of -Way to operate a Cable System and provide Cable Service must not be inconsistent with the terms and conditions by which such Rights -of -Way were created or dedicated. Use of Rights -of -Way is subject to all generally applicable legal requirements including any Right -of -Way Ordinance enacted by the City and Section 5 herein. b. Upon written request, the City shall have the right to review, subject to the confidentiality protections provided in Section 9.3 herein, Grantee's System location maps at a mutually agreed upon location. Section 4.3 Tree Trimming Subject to applicable law, a Grantee is authorized to trim any trees upon and overhanging the Rights -of -Way, alleys, sidewalks, or public easements of City so as to prevent the branches of such trees from coming in contact with wires and cables of a System. Section 4.4 Franchise Term. Franchises will be granted for a term established in the Franchise Agreement. No Franchise may be granted for a period exceeding fifteen (15) years from the date of acceptance by Grantee. Section 4.5 Regulation of Cable Service. Any Franchise Agreement adopted pursuant to this Cable Ordinance will define the contractual rights and obligations of the City and Grantee, provided however that a Grantee remains subject to the lawful exercise of the City's police power, ordinance -making authority, and power of eminent domain. Section 4.6 Initial Franchise Applications. a. Upon request or its own initiative, the City may initiate the cable Franchise application process required by Minnesota Statutes Section 238.081. Any Person desiring an initial Franchise must file an application with the City. b. The City will establish an application fee in an amount to offset the costs of processing applications and awarding an initial Franchise. Such application fees will not constitute a Franchise Fee. c. Upon receipt of an application for an initial Franchise, City staff will prepare a report and recommendations to the City Council regarding the application(s). d. A public hearing concerning applications will be held prior to rejection or acceptance of applications, and award of any initial Franchises. RJV-247390v5 4 SH255-1 Section 4.7 Franchise Renewal. Franchise renewals will be conducted in accordance with applicable laws. SECTION 5. CONSTRUCTION STANDARDS Section 5.1 Registration, Permits and Construction Codes. Within ninety (90) days of acceptance of an initial Franchise, a Grantee shall apply for any necessary governmental permits, licenses, certificates, and authorizations to construct, repair, replace, relocate, operate, maintain or reconstruct a System. A Grantee must strictly adhere to all state and local laws and building and zoning codes currently or hereafter applicable to location, construction, installation, operation or maintenance of the facilities used to provide Cable Service in the City. Section 5.2 Repair of Rights -of -Way and Property. a. Consistent with any generally applicable Rights -of -Way Ordinance adopted by the City or applicable law if a City has not adopted a Rights -of -Way Ordinance, any Rights -of -Way or other property disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of a Cable System shall be promptly and fully restored by the Grantee performing such work, at its expense, to a condition as good as that prevailing prior to such work. b. If a Grantee fails to promptly perform the restoration required herein, the City shall have the right, following reasonable written notice to Grantee, to restore Rights -of -Way and other public property to a condition as good as that prevailing prior to the Grantee's work. The City shall be fully reimbursed by the Grantee for its actual costs relating to such restoration. Section 5.3 Undergrounding of Facilities. a. In all areas of the City where utility facilities are required to be placed underground, or where all other utility lines are underground, a Grantee must construct and install System facilities underground. b. A Grantee must bury new underground Drops within a reasonable time period, subject to weather conditions. In the event the ground is frozen, a Grantee will be permitted to delay burial until the ground is suitable for burial which in no event must be later than June 30th. Section 5.4 [Intentionally Omitted] Section 5.5 Safety Requirements. a. A Grantee shall at all times keep and maintain the System in good condition, order, and repair so as to avoid endangering the life or property of any Person; employ ordinary and reasonable care and common industry practices to avoid causing damage, injuries, or nuisances to RJV-247390v5 SH255-1 the public, and; keep and maintain the System in accordance with all federal, state and local laws and regulations including the National Electric Safety Code. b. A Grantee must install and maintain equipment and facilities in accordance with all applicable federal and state laws and regulations, any Right -of -Way Ordinance, and the requirements of the National Electric Safety Code. SECTION 6. SYSTEM DESIGN AND EXTENSION PROVISIONS Section 6.1 System Capacity and Channels. At a minimum, any Franchise granted hereunder shall describe the Grantee's network in terms of the total System capacity such as the total number of analog and digital video channels that can be provided. Section 6.2 Cable Service Availability. a. Each Franchise will identify a required service area in which a Grantee will be required to offer Cable Service to all dwellings, homes and businesses, subject to a reasonable density threshold. Any additional Franchise will include a service area that is no more favorable or less burdensome than the service area in an existing Franchise. b. Any Franchise granted hereunder may establish requirements for the extension of the System and provision of Cable Service to areas that may be annexed by the City beyond the initially required service area. c. Cable Service shall not be denied to any group of potential residential cable Subscribers because of the income of the residents of the area in which such group resides. Section 6.3 Non -Standard Installations. A Grantee must provide Cable Service to any Person requesting other than a Standard Installation except that a Grantee may charge for the incremental increase in material and labor costs incurred above the cost of making a Standard Installation. Section 6.4 Technical Standards. Any System offering Cable Service in the City must comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76.601 to 76.617, as may be amended or modified from time to time. Section 6.5 System Testing. a. A Grantee shall perform all System testing required pursuant to the FCC's technical standards and requirements. RJV-247390v5 6 SH255-1 b. Demand for special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. The City shall arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing. Before ordering such tests, Grantee shall be afforded thirty (30) Days to correct problems or complaints upon which tests were ordered. The City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty (30) Days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted by a qualified engineer mutually selected by City and Grantee based on a mutually agreed upon scope of work and cost. The parties shall bear their respective costs for the testing, with the City bearing the cost of special testing unless such testing reveal that the source of the technical difficulty is within the Grantee's reasonable control, in which case the cost of the testing must be borne by the Grantee. Section 6.6 FCC Reports. The results of tests required to be filed by Grantee with the FCC shall also be copied to City. Section 6.7 Emergency Alert System. A Grantee shall comply with 47 U.S.C. 544(g) and all regulations issued pursuant thereto with respect to an Emergency Alert System ("EAS"). If a Grantee provides an EAS, then the City shall permit only appropriately trained and authorized Persons to operate the EAS equipment and shall take reasonable precautions to prevent any use of the Grantee's Cable System in any manner that results in inappropriate use thereof, or any loss or damage to the Cable System. The City shall hold the Grantee, its employees, officers and assigns harmless from any claims or costs arising out of use of the EAS, including, but not limited to, reasonable attorneys' fees and costs. SECTION 7. CONSUMER PROTECTION AND CUSTOMER SERVICE STANDARDS Section 7.1 Regulation of Cable Service Rates. The City may regulate rates for the provision of Cable Service to the extent allowed under federal and state law(s). A Grantee must file a list of current Subscriber rates and charges with the City, which lists will be maintained on file with City and will be available for public inspection. For purposes of this section, the availability of this information on a Grantee's website shall constitute compliance. A Grantee shall comply with applicable law in providing the City and Subscribers with notice of any change in a Cable Service rate or charges. Section 7.2 Sales Procedures. RJV-247390v5 7 SH255-1 A Grantee may not exercise deceptive sales procedures that violate state laws when marketing any of its Cable Services within City. A Grantee may conduct marketing consistent with local ordinances and other applicable laws and regulations. Section 7.3 Telephone Inquiries and Complaints. A Grantee must maintain local, toll-free or collect call telephone access lines which will be available to its Subscribers 24 hours a day, seven days a week. A Grantee must comply with the FCC's customer service standards, as amended, a current copy of which is attached hereto. Section 7.4 Complaint and Other Service Records. a. Upon written request by the City, and subject to a Grantee's obligation to maintain the privacy of certain information, a Grantee must prepare and maintain written records of all written complaints received and the resolution of such complaints for a period of three (3) years, including the date of such resolution. b. Written complaint records for a period of three (3) years must be on file at the office of a Grantee. Upon written request by the City, a Grantee must provide the City with a written summary of such complaints and their resolution and in a form mutually agreeable to the City and Grantee. c. Upon written request by the City, a Grantee must provide detailed compliance reports on a quarterly basis for a period of three (3) years with respect to the objectively measurable service standards required in this Section. A Grantee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards contained in this Section unless a historical record of complaints indicates a failure to comply. Section 7.5 Subscriber Contracts. A Grantee must provide to the City upon request any standard form residential Subscriber contract utilized. Section 7.6 Video Programming. All Franchises will comply with 47 U.S.C. § 544(b), regarding the broad categories of video programming provided. Individual programming decisions may be made in the Grantee's sole discretion. Section 7.7 Billing and Subscriber Communications. a. A Grantee shall comply with federal law regarding giving the City and Subscribers prior notice of any changes in rates, programming services, or channel alignments. RJV-247390v5 8 SH255-1 b. Bills must be clear, concise, and understandable. Bills must clearly delineate all activity during the billing period, including optional charges, rebates, and credits. In case of a billing dispute, the Grantee must respond to a written complaint from a Subscriber within 30 days. Section 7.8 Refunds and Credits. A Grantee shall comply with applicable law regarding the issuance of refunds or credits. Section 7.9 Additional Customer Service Requirements. The City may adopt additional or modified customer service requirements to address subscriber concerns or complaints to the extent permitted by law. SECTION 8. COMMUNITY SERVICES Section 8.1 PEG Access Facilities. Franchises will establish obligations to provide PEG Access Facilities to meet the community's needs and interests. The City will operate, administer and manage PEG Access programming and the City may delegate its PEG Access authority and responsibilities to the Commission. All Franchises must contain equivalent PEG Access obligations on any franchised provider of Cable Services. Section 8.2 Service to Public or Educational Institutions. Franchises will establish obligations for the provision of free or reduced cost Cable Services to identified public or educational institutions. SECTION 9. ADMINISTRATION PROVISIONS Section 9.1 Administration of Franchise. The City will have continuing regulatory authority over Cable Systems, Cable Services, and Franchise compliance. The City may delegate any and all regulatory authority to the Commission. A Grantee must fully cooperate with the Commission in the exercise of regulatory authority delegated by the City. Section 9.2 Franchise Fee. a. A Grantee must pay to the City a Franchise Fee in the amount established in the Franchise Agreement, provided that the City must impose identical Franchise Fee obligations (including the percentage and Gross Revenue definition) on all Cable Service providers in the City. b. Each Franchise Fee payment must be accompanied by a report certified by an authorized representative of the Grantee, in form reasonably acceptable to City, detailing the computation of the payment. All amounts paid must be subject to audit and recomputation by the RJV-247390v5 9 SH255-1 City for the statutorily -allowed period applicable to assertion of contract claims, and acceptance of any payment must not be construed as an accord that the amount paid is in fact the correct amount. c. A Grantee may designate that portion of a Subscriber's bill attributable to the Franchise Fee as a separate line item on the bill. Section 9.3 Access to Records. a. The City may, upon reasonable notice and during Normal Business Hours, and subject to the privacy provisions of 47 U.S.C. § 521 et seq., inspect at a mutually convenient location any records of System operations maintained by a Grantee that relate to a Grantee's compliance with its Franchise, including specifically Grantee's Gross Revenue records. A Grantee may identify and label documents as "confidential trade secret" in accordance with Section 4.2 above. b. A Grantee must prepare and furnish to the City such reports as City may reasonably request with respect to operation of the System and provision of Cable Services in the City. SECTION 10. INDEMNIFICATION AND INSURANCE Section 10.1 Indemnification of the City. a. A Grantee must indemnify, defend and hold harmless the City, its officers, boards, committees, commissions, elected officials, employees and agents from and against any loss or damage to any real or personal property of any Person, or for any injury to or death of any Person, arising out of or in connection with the construction, operation, maintenance, repair or removal of a System or other facilities used by a Grantee to deliver Cable Service. b. A Grantee must indemnify, defend, and hold the City, its officers, boards, committees, commissions, elected officials, employees and agents, harmless from and against all lawsuits, claims, actions, liability, damages, costs, expenses or penalties incurred as a result of the award or enforcement of its Franchise. c. A Grantee shall not be required to provide indemnification or defense for any intentional misconduct, willful neglect or negligence by an indemnified party, for any enforcement action taken by the City against a Grantee, for any claim based solely on the City's operation of PEG Access Facilities, delivery of PEG Access programming, or EAS messages originated by the City. Subject to the limitations in Minnesota Statutes Chapter 466, the City shall indemnify, defend and hold a Grantee harmless from any damage resulting from any intentional misconduct, willful neglect or negligence by the City, its officers, boards, committees, commissions, elected officials, employees and agents, in utilizing PEG Access Facilities or Channels, delivering EAS messages originated by the City, or in connection with work performed on or adjacent to the System. d. With respect to each claim for indemnification: RJV-247390v5 10 SH255-1 1. the City must notify the Grantee in writing of its duty under this section within ten (10) days of receipt of any suit, claim or proceeding which gives rise to such duty; 2. the Grantee must afford the City an opportunity to participate in any compromise, settlement or other resolution or disposition of any suit, claim or proceeding; and 3. the City must cooperate with reasonable requests of the Grantee, at Grantee's expense, in its participation in a suit, claim or proceeding. Section 10.2 Insurance. a. A Grantee must obtain and maintain in full force and effect, at its sole expense, a comprehensive general liability insurance policy, in protection of the Grantee, and the City, its officers, elected officials, boards, commissions, agents and employees for damages which may arise as a result of operation of the System or delivery of Cable Service. b. The policies of insurance must be in the sum of not less than One Million Dollars ($1,000,000.00) for bodily injury or death of any one Person, and Two Million Dollars ($2,000,000.00) for bodily injury or death of two or more Persons in any one occurrence, Five Hundred Thousand Dollars ($500,000.00) for property damage to any one person and Two Million Dollars ($2,000,000.00) for property damage resulting from any one act or occurrence. c. The insurance policy must be maintained by Grantee in full force and effect during the entire term of the Franchise. Each policy of insurance must contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for other reasons, except after thirty (30) days advance written notice have been provided to the City. SECTION 11. FRANCHISE TRANSFER OR ABANDONMENT Section 11.1 Abandonment of Service. A Grantee may not discontinue the provision of Cable Service without having first given three (3) months written notice to the City. Section 11.2 System Removal After Abandonment, Termination or Forfeiture. a. In the event of termination or forfeiture of the Franchise or abandonment of the System, the City may require the Grantee to remove all or any portion of its System from all Rights -of -Way and public property within the City; provided, however, that the Grantee will not be required to remove its System to the extent it lawfully provides non -Cable Services over the System. b. If the Grantee has failed to commence removal of its System, or such part thereof as was designated by the City, within one hundred twenty (120) days after written demand for RJV-247390v5 11 SH255-1 removal is given, or if the Grantee has failed to complete such removal within twelve (12) months after written demand for removal is given, the City may apply funds secured by the Franchise toward removal. Section 11.3 Sale or Transfer of Franchise. a. No sale or transfer of ownership of a Grantee or "fundamental corporate change" in a Grantee as defined in Minn. Stat. 238.083, nor sale of transfer of a Franchise, is permitted without City approval. Any sale or transfer of stock in a Grantee creating a new controlling interest constitutes a sale or transfer of ownership. A "controlling interest" includes majority stock ownership or a lesser amount sufficient to confer actual working control in whatever manner exercised. City approval shall not be required where a Grantee grants a security interest in its Franchise or System to secure an indebtedness. b. A Grantee must file a written request with the City prior to any transaction described above. The City will approve or deny a transfer request within one hundred and twenty (120) days of receipt of a written request. The City will not unreasonably withhold its approval. c. In no event will a transaction be approved unless any proposed new Grantee becomes a signatory to, and assumes all rights and obligations under, the Franchise. d. In the event a Grantee has received a bona fide offer for purchase of its System, the City shall have the right to purchase the System for the same price and under equivalent conditions which the proposed assignee or transferee agreed to pay. The City will be deemed to have waived its right to purchase the System in the following circumstances: 1. The City does not notify the Grantee in writing, within 60 days of notice, that it intends to exercise its right of purchase; or 2. The City approves the transaction. SECTION 12. PROTECTION OF INDIVIDUAL RIGHTS Section 12.1 Discriminatory Practices Prohibited. No Grantee may deny Cable Service or otherwise discriminate against citizens or businesses on the basis of race, color, religion, national origin, sex, age, status as to public assistance, affectional preference, or disability. Section 12.2 Subscriber Privacy. a. A Grantee must comply with the subscriber privacy -related requirements of 47 U.S.C. § 551. b. No signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written authorization of the Subscriber. SECTION 13. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS RJV-247390v5 12 SH255-1 Section 13.1 Unauthorized Connections or Modifications Prohibited. a. It is unlawful for any Person, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of a Grantee's System. b. It is unlawful for any Person to willfully interfere, tamper, remove, obstruct, or damage, or assist thereof, any part or segment of a System for any purpose. c. Any Person found guilty of violating this section may be fined not less than Twenty Dollars ($20.00) and the costs of the action nor more than Five Hundred Dollars ($500.00) and the costs of the action for each and every subsequent offense. SECTION 14. ENFORCEMENT OF THE CABLE ORDINANCE OR FRANCHISE Section 14.1 Violations or Other Occurrences Giving Rise to Enforcement Action. a. In order to take enforcement action pursuant to this Cable Ordinance or a Franchise, the City must provide the Grantee with written notice of the violation or other occurrence giving rise to the City's action. b. The Grantee shall have thirty (30) days subsequent to receipt of the notice to cure the violation or occurrence giving rise to the City's action. Alternatively, the Grantee may, within fourteen (14) days of receipt of notice from the City, notify City in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by the Grantee to the City shall specify with particularity the matters disputed by Grantee and shall toll the running of the timeframes and the accrual of penalties hereunder until completion of the process and issuance of a decision under section 14.1 c -e below. c. In the event a Grantee does not timely cure to the City's satisfaction the violation or other occurrence giving rise to the City's action, or timely disputes whether a violation has occurred, the City will schedule a public hearing affording Grantee due process. The City will endeavor to schedule the hearing for a date within ninety (90) days of the initial violation notice. Notice of the hearing must be provided to the Grantee. d. At the completion of the hearing, the City will issue written findings of fact and its final determination. e. In the event City determines that no violation has taken place, the City will rescind the notice of violation in writing. Section 14.2 Franchise Revocation. a. In addition to all other rights and remedies that the City possesses pursuant to law, equity and the terms of the Franchise Agreement, the City may revoke or terminate the Franchise, and all rights and privileges pertaining thereto, in accordance with Section 14.1 if the City determines that: RJV-247390v5 13 SH255-1 The Grantee has violated any material requirement or provision of the Cable Ordinance or a Franchise and has failed to timely cure; or 2. The Grantee has attempted to evade any of the material provisions of the Cable Ordinance or a Franchise; or 3. The Grantee has practiced fraud or deceit upon the City or a Subscriber; or 4. The Grantee has filed for bankruptcy. b. During any revocation proceeding and any appeal period, the Franchise will remain in full force and effect unless the term thereof sooner expires. Section 14.3 Compliance with Federal, State and Local Laws. The City and Grantee will conform to federal and state laws and rules regarding Cable Service or the System as they become effective. Section 14.4 Equal Protection. The City acknowledges that under Minn. Stat. §238.08, Subd. 1(b) it may only grant additional Franchises to provide Cable Service within the City on terms and conditions no more favorable or less burdensome than those in any then -current Franchise which pertain to: (1) the area served; (2) public, educational, or governmental access requirements; or (3) franchise fees. Additionally, and beyond the requirements of Minn. Stat. §238.08, any additional Franchises to provide Cable Service within the City shall not be granted on more favorable or less burdensome conditions than those in any then -current Franchise issued pursuant to this Cable Ordinance with regard to ROW access and responsibilities, complimentary service to public buildings, penalties and security, sale or transfer of ownership. a. If any other provider of Cable Services is lawfully authorized by the City to provide such services using facilities located wholly or partly in the Rights -of -Way of the City ("Additional Provider(s)"), the City shall, within thirty (30) days of a written request from a current Franchise holder, use best efforts to modify the current Franchise holder's Franchise on a mutually acceptable basis to ensure that the obligations imposed by this Section 14.4 have been met. b. If the City fails to comply with this Section 14.4 or the parties fail to reach agreement under subsection a. above, a current Franchise holder shall have the right to initiate an action in the state or federal district court for breach of contract or other appropriate claims and seek any and all appropriate relief, including specific performance. C. Nothing in this Ordinance shall impair the right of the City or a current Franchise holder to seek other remedies available under law. d. In the event City initiates the franchising process pursuant to Minn. Stat. §238.081, the City shall notify all current Franchise holders in writing of its intent to initiate the RJV-247390v5 14 SH255-1 franchising process prior to doing so. e. A current Franchise holder shall have the right to operate its Cable System in accordance with applicable state or federal law, as may be amended from time to time. Section 14.5 Effective Date This Cable Ordinance is effective the day after its publication. Adopted by the City Council of the City of Monticello this day of .2019. Mayor ATTEST: City Administrator Published in the on the _ day of _ .2019. RJV-247390v5 15 SH255-1 SUMMARY ORDINANCE NO. 711A CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA A SUMMARY ORDINANCE REPEALING AND REPLACING TITLE 8, CHAPTER 12 AS CABLE ORDINANCE NOTICE IS HEREBY GIVEN that, on February 11, 2019, Ordinance No. 711 was adopted by the City Council of the City of Monticello, Minnesota. Due to the lengthy nature of Ordinance No. 711, the following Summary Ordinance No. 711A has been prepared for publication as authorized by state law. The ordinance adopted establishes certain regulations governing delivery of cable service in the city to ensure that all cable providers are subject to comparable obligations and burdens. Ordinance sections include: 1: Findings and Intent 2: Short Title 3: Definitions 4: Franchises 5: Construction Standards 6: System Capacity and Channels 7: Consumer Protection and Customer Service Standards 8: Community Services 9: Administration Provisions 10: Indemnification and Insurance 11: Franchise Transfer or Abandonment 12: Protection of Individual Rights 13: Unauthorized Connections and Modifications 14: Enforcement of the Cable Ordinance or Franchise A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours. The complete ordinance is effective the day of publication and will be posted on the city's website. APPROVED FOR PUBLICATION by the City Council of the City of Monticello, Minnesota, this 11th day of February, 2019. CITY OF MONTICELLO Brian Stumpf, Mayor ATTEST: Jeff O'Neill City Administrator VOTING IN FAVOR: SUMMARY ORDINANCE NO. 711A VOTING IN OPPOSITION: CITY OF MONTICELLO, MINNESOTA ORDINANCE NO. 712 AN ORDINANCE GRANTING A FRANCHISE TO CC VIII OPERATING LLC L/K/A CHARTER COMMUNICATIONS TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM AND PROVIDE CABLE SERVICE IN THE CITY OF MONTICELLO, MINNESOTA. RECITALS 1. This Cable Franchise Ordinance ("Franchise") is made and entered into by and between the City of Monticello, a municipal corporation of the State of Minnesota ("City") and CC VIII Operating LLC 1/k/a Charter Communications, a limited liability company ("Grantee"). 2. Pursuant to Ordinance No. 711 ("Cable Ordinance"), the City is authorized to grant and issue a non-exclusive Franchise authorizing the Grantee to provide Cable Service and construct, operate, and maintain a Cable System in the City. 3. The Grantee has requested that its current franchise be renewed pursuant to Section 626(h) of the Cable Act. 4. Upon evaluation of Grantee's technical, financial, legal qualifications, completion of Franchise negotiations, and as a result of a public hearing, the City finds that it is in the best interests of the City and its residents to renew the Franchise with Grantee. 5. This Franchise is nonexclusive and is intended to comply with applicable laws and regulations. THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: SECTION 1. GENERAL PROVISIONS Section 1.1 Definitions. Unless otherwise defined herein, the terms, phrases, and words contained in this Franchise have the meaning provided in the Cable Ordinance. Terms, phrases and words contained in this Franchise that are not defined here or in the Cable Ordinance will be as defined in applicable law. Section 1.2 Written Notice. All notices, reports, or demands required to be given in writing under this Franchise or the Cable Ordinance must be delivered personally to any officer of Grantee or the City 526220v5 RJV SH255-14 1 Administrator or deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Monticello Attn: City Administrator 505 Walnut Street, Suite 1 Monticello, MN 55362 With copies to: Chair, Sherburne/Wright Counties Cable Communications Commission c/o City of City of Buffalo 212 Central Avenue Buffalo, MN 55313 If to Grantee: Charter Communications Attn: Government Affairs 16900 Cedar Avenue South. Rosemount, MN 55068 With copies to: Charter Communications Attn: VP of Government Affairs 601 Massachusetts Ave. NW, Suite 60OW Washington, DC 20001 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. SECTION 2. GRANT OF FRANCHISE Section 2.1 Grant. a. Grantee is authorized to erect, construct, operate and maintain in, along, across, above, over and under the Rights -of -Way, now in existence and as may be created or established during the term of this Franchise any poles, wires, cable, underground conduits, manholes, and other conductors and fixtures necessary for the maintenance and operation of a Cable System in the City. Nothing in this Franchise shall be construed to prohibit the Grantee from offering any service over its Cable System that is not prohibited by federal, state or local law. b. This Franchise is granted pursuant to the Cable Ordinance, in all cases subject to and without waiving applicable law. This Franchise is a contract and except as to those changes which are the result of the City's lawful exercise of its general police powers, the City may not take any unilateral action which materially changes the explicit 526220v5 RJV SH255-14 2 mutual promises in this contract. In the event of any conflict between the provisions of this Franchise and the Cable Ordinance, the provisions of this Franchise shall govern. c. This Franchise shall be nonexclusive and City may grant additional Franchises at any time. The City will not grant an additional Franchise on terms and conditions more favorable or less burdensome than those in this Franchise and Grantee shall have all rights provided by Section 14.4 of the Regulatory Ordinance in the even an additional Franchise(s) is granted. The City may impose additional terms and conditions in any additional Franchise. d. The City shall comply with Section 14.4 of the Cable Ordinance in the event an additional provider is legally authorized to provide Cable Service. e. Grantee acknowledges the City's right to issue this Franchise. Upon acceptance of this Franchise by Grantee as required by Section 8 herein, this Franchise shall supersede and replace any previous ordinance or other authorization granting a Franchise to Grantee, and all rights, obligations and claims under any previous Franchise are extinguished, except that the Grantee's obligation to indemnify the City against claims that arose during the term of the previous Franchise shall continue in full force and effect subject to applicable law. Section 2.2 Franchise Term. This Franchise will be in effect for a period of fifteen (15) years from the date of acceptance by the Grantee, unless sooner renewed or revoked. Section 2.3 Service Area. a. This Franchise is granted for the corporate boundaries of the City, as it exists from time to time, subject to the density requirement of Section 2.3.b below. The City will notify the Grantee in writing in the event the City annexes any areas that the Grantee will be required to serve subject to Section 2.3b below. b. The Grantee will extend its System and offer Cable Service, within a reasonable time, after a request for Service, to areas with a density of at least nine (9) residential units per one-quarter (1/4) cable mile of System, as measured from the nearest accessible Cable System tie-in point actively delivering Cable Service as of the date of such request for Service. Where the density is less than that specified above, the Grantee may require that Persons requesting Service pay a portion of the cost of the capital cost of the line extension in advance. The Grantee shall provide a free written estimate of the total cost for extension and the required payment amount within fifteen (15) days of the request for Service. The charge for Installation or extension for each Person requesting Service shall not exceed a pro rata share of the actual cost of extending the Service. Subscribers shall also be responsible for any standard/non-standard installation charges to extend the Cable System from the tap to the residence. 526220v5 RJV SH255-14 3 SECTION 3. SYSTEM Section 3.1 System Capacity. Grantee will continue to operate a System providing a minimum of at least 75 video programmed Channels throughout the term of this Franchise. The System must have return capability and permit "narrowcasting" as provided in Section 4.2(c). Section 3.2 Construction Deadline. Except for Grantee's System extension obligations pursuant to Section 2.3, System construction is substantially complete. Subject to Section 2.3b above, Grantee will use commercially reasonable efforts to complete any System extension and construction of new facilities for new developments contemporaneous with installation of other utilities. The City shall provide reasonable and timely advance written notice of the location of all new developments to Grantee. SECTION 4. COMMUNITY SERVICES Section 4.1 Commercial Video Programming. The Grantee will provide broad categories of video programming, including news, sports and entertainment. Section 4.2 PEG Access Facilities. a. Access Channels. The Grantee shall continue to dedicate two (2) Channels for public, education, and government access ("PEG Access") programming. The two (2) PEG Access Channels must be cablecast on the Basic Cable Service tier. All Subscribers who receive Cable Services offered on the System must receive the PEG Access Channels at no additional charge. Only to the extent required by Minn. Stat. §238.084, Subd. 1. (z) and permitted by applicable law, the VHF spectrum must be used for the provision of at least one (1) of the PEG Access Channels. Nothing herein shall diminish the City's rights to secure additional channels pursuant to Minn. Stat. § 238.084, Subd. 1(z), and applicable FCC regulations. b. Responsibility for PEG Access. The City will operate, administer, and manage PEG Access programming pursuant to this Section 4.2. The City may delegate its PEG Access authority and responsibilities to the Commission. The Grantee acknowledges that the Commission may coordinate the expenditure of Franchise Fees and PEG Capital Fees by and among the Commission's member municipalities. Nothing herein shall obligate the City to make equipment or channels available for public access programming or to any particular programmer. C. Narrowcast. The System currently allows one (1) PEG Access Channel to 526220v5 RJV SH255-14 4 be "narrowcast;" i.e. permits a program to be cablecast on such Channel for viewing solely by Subscribers in one City while Subscribers in adjoining cities served by the Grantee and who are members of the Commission simultaneously view other programming on that Channel. Grantee shall continue to ensure that such narrowcasting is provided on the System. d. Live Origination. The Grantee shall continue to provide two-way capability permitting transmission of live programming from the public institutional sites listed in Exhibit A-1 attached. The Grantee shall not be required to provide end-user equipment. The City may designate relocated or additional live programming sites provided that the City shall pay the actual construction cost of connecting such relocated or additional live programming sites prior to the Grantee's construction of same. The Grantee must ensure that the System meets the technical standards attached as Exhibit B at all live origination sites. The Grantee must further ensure that the City can "narrowcast" programming originated from City Hall consistent with Section 4.2c. e. High Definition. (i) Within one hundred and twenty (120) days after the Effective Date, unless delayed by events out of Grantee's reasonable control, the Grantee shall convert the Commission's area -wide PEG Access Channel (i.e. the Channel that is not "narrowcast" to each member city pursuant to Section 4.2(c)) to high definition ("HD") provided that the programming signals are provided to the Grantee in HD and meet Grantee's technical specifications for HD channels. Thereafter, at such time as Grantee makes at least 90% of all non -PEG Channels available in HD, the Grantee shall also convert the "narrowcast" PEG Access Channel to HD provided that the programming signals are provided to the Grantee in HD and meet Grantee's technical specifications for HD channels. The City understands that, although the Grantee must ensure that the PEG Access Channels are cablecast on the Basic Cable Service tier and available to all Subscribers at no additional charge, the HD PEG Access Channel will not be located on the Basic Cable tier, the signal from the HD PEG Access Channels may not be available in HD on the Basic Cable tier of service, and Grantee shall have no obligation to carry PEG Access Channels in more than one format; i.e. dual carriage. Grantee's costs to purchase equipment to convert and distribute programming on the PEG Access Channels in HD will be reimbursed by the City or Commission in an aggregate amount not to exceed Seven Thousand Five Hundred Dollars ($7500.00) within sixty (60) days of receipt of invoices evidencing Grantee's expenditures. ii) The City acknowledges that in order to receive Access Channels in HD format Subscribers may be required to buy or lease special equipment, or pay additional HD charges applicable to all HD services, f. PEG Access Capital Support. In addition to the requirements of Section 4.2(a) -(d) above, the Grantee shall collect and remit a PEG capital fee of up to eighty-five cents ($.85) per Subscriber, per month ("PEG Capital Fee"). The Grantee shall remit such payments on the same schedule as the Franchise Fee. All amounts paid shall be 526220v5 RJV SH255-14 5 subject to audit and recomputation and acceptance thereof does not constitute an accord that amounts paid are correct. The PEG Capital Fee as of the Effective Date is eighty- five cents ($.85) per Subscriber, per month. Grantee may itemize any PEG Capital Fee on Subscriber's bills. Payment by Grantee must be separate from and in addition to any Franchise Fee. g. Use of PEG Capital Fee. The City and Grantee agree that the City will expend the PEG Capital Fees solely for capital costs (consistent with GAAP) associated with PEG Access. In consideration for Grantee's obligation to remit the PEG Capital Fee, the City agrees to provide financial support for PEG Access that is equivalent to the amount of PEG Capital Fees collected and provided to the City. Within sixty (60) days of written request, the City shall provide Grantee with an annual report of any expenditures of the PEG Access Capital Fee to insure such fees are used for capital costs related to PEG Access. The report shall also demonstrate how the City fulfilled its requirement to provide matching support for PEG Access. Based on the report, the Grantee may send a written notice to the City alleging that the City failed to demonstrate that the PEG Capital Fee was used for capital or that matching PEG Access support was provided. The City shall have thirty (30) days after receipt of the written notice to provide additional information demonstrating compliance with the requirements of this Section. If the Grantee continues to allege that the City has not complied with its obligations herein, the Grantee may provide written notice of its intent to reduce and/or discontinue collecting and remitting the PEG Capital Fee. If the City disputes the Grantee's actions, it may initiate any enforcement action under the Cable Ordinance it deems appropriate. h. Access Rules. The City may implement rules governing PEG Access Channels and programming. i. Paritv of Obligations. The City will impose equivalent PEG Access obligations on any other franchised provider of Cable Service in the City. Section 4.3 Drops and Service to Public Buildings. a. The Grantee must provide, without charge, monthly Basic Cable Service and Cable Programming Service (excluding pay -per -channel or pay -per -program), one (1) Drop, one (1) outlet, and one (1) Converter of the type and functionality made available to Subscribers ("Complimentary Service") to the public institutional sites listed in Exhibit A-2 attached. The programming provided by Grantee is not for public display. The City shall hold the Grantee harmless for any copyright, or other penalties, incurred due to improper use of free service. If additional Converters or other customer premises equipment ("CPE") are required to receive Complimentary Service, Grantee reserves the right to charge the institution the published rate for such CPE consistent with applicable law. b. The Grantee shall connect such additional public administration buildings as the City may subsequently designate, provided however, that the Grantee shall only be required to pay the cost of the first one hundred and fifty (150) feet of any necessary System construction, and further provided that the City or institution shall pay any 526220v5 RJV SH255-14 6 additional mutually agreed upon construction cost. The Grantee will have a reasonable time from the designation of additional sites to complete extension. Institutions may add outlets at their own expense. The Grantee shall only be required to provide Complimentary Service to the extent a newly designated building replaces a site previously receiving such service. Section 4.4 Receipt of Subscriber Payments The Grantee must maintain a convenient means for Subscribers to make payments such as the ability to make payments electronically via a company website. SECTION 5. ADMINISTRATION PROVISIONS Section 5.1 Franchise Fee. a. The Grantee shall pay a Franchise Fee to the City in an amount equal to five percent (5%) of its Gross Revenues. The Grantee shall remit Franchise Fee payments to the City on a quarterly basis within 60 days of the close of the preceding calendar quarter. Payments shall be based on Gross Revenues generated during the preceding calendar quarter. In the event Grantee offers a bundle or package of Cable Services and non -Cable Services at a discounted rate, the Grantee must allocate revenues between Cable Services subject to the Franchise Fee and non -Cable Services that are not subject to the Fee on a proportionate pro rata basis in accordance with Generally Accepted Accounting Principles ("GAAP"). In no event shall the Grantee allocate the revenues to evade its Franchise Fee obligations under this Franchise or to disproportionately reduce Gross Revenues. b. Each Franchise Fee payment must be accompanied by a report in form reasonably acceptable to City detailing the computation of the payment. All amounts paid are subject to audit and recomputation by the City, and acceptance of any payment must not be construed as an accord that the amount paid is in fact the correct amount. In accordance with Minn. Stat. § 541.05, any action to recover Franchise Fees must be commenced within three (3) years of receipt of the Franchise Fee payment or due date for such payment. C. In the event that any Franchise payment or recomputed payment is not made on or before the dates specified herein, Grantee shall pay an interest charge, computed from such due date, at the annual rate of one percent over the prime interest rate. Section 5.2 Rules of Grantee. The Grantee may promulgate such rules, terms and conditions governing the conduct of its business provided that such rules, terms and conditions must not be in conflict with the provisions of this Franchise, the Cable Ordinance, or applicable laws or regulations. 526220v5 RJV SH255-14 SECTION 6. INDEMNIFICATION, INSURANCE, BONDS AND SECURITY FUND Section 6.1 Indemnification. By acceptance of this Franchise, the Grantee agrees to indemnify, defend, and hold the City harmless in accordance with the Cable Ordinance. Section 6.2 Insurance. At the time of acceptance of this Franchise, the Grantee will file with the City a Certificate of Insurance in accordance with the Cable Ordinance. The Grantee must maintain such insurance for the entire term of this Franchise. Section 6.3 Performance Bond. a. The Grantee must furnish to the Commission, for the benefit of all member cities of the Commission, a single performance bond in the amount of Fifty Thousand Dollars ($50,000.00) in a form and substance reasonably acceptable to the Commission. The single bond provided to the Commission shall comply with the parallel bonding requirements imposed by the other members of the Commission. The Grantee must maintain the bond until this Franchise expires or is terminated. b. The bond shall be conditioned upon Grantee's faithful performance in accordance with the terms of this Franchise, the Cable Ordinance, and applicable laws and regulations. The bond must provide that in the event the Grantee fails to comply with any law, ordinance or regulation, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the security, will be recoverable jointly and severally from the principal and surety of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due the City which arise. In the event this Franchise is revoked or the rights hereunder relinquished or abandoned by Grantee, the City is entitled to collect any resultant damages, costs or liabilities incurred by the City. C. The City and Grantee acknowledge that it may be difficult or impossible to accurately quantify actual damages or losses suffered by the City due to a violation or unsatisfied obligation under this Franchise, the Cable Ordinance, or applicable laws or regulations. Such violations or unsatisfied obligations may, however, be presumed to harm the City and the public's interest. Accordingly, the City may, in its reasonable discretion, collect liquidated damages in an amount of up to Two Hundred and Fifty Dollars ($250.00) per violation of any provision of this Franchise, the Cable Ordinance, or applicable laws or regulations in an amount not to exceed Five Thousand Dollars 526220v5 RJV SH255-14 8 ($5,000.00) in any calendar year. Each violation may be considered a separate violation for which separate liquidated damages can be imposed. d. In the event the City will make any claim against the bond or otherwise seeks to assess liquidated damages, the City must comply with Section 14 of the Cable Ordinance governing enforcement of this Franchise. e. The City's rights herein are in addition to all other rights the City may have and the City's exercise of such rights does not constitute an exclusive remedy nor limit any other right. SECTION 7. MISCELLANEOUS REQUIREMENTS Section 7.1 Amendment of Franchise Ordinance. The Grantee and the City may mutually agree, from time to time, to amend this Franchise. Any changes, modifications or amendments to this Franchise must be made in writing, signed by the City and the Grantee. Nothing herein is intended to expand or diminish the rights given to City under state law. The City reserves its lawful rights, including its police powers, ordinance -making authority, and under power of eminent domain law. Section 7.2 Force Majeure. In the event Grantee's performance of this Franchise is prevented due to a cause beyond its reasonable control, such failure to perform must be excused for the period of such inability to perform. Section 7.3 Severability. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance is held, to any extent, invalid, preempted or unenforceable, the remainder and all the terms, provisions and conditions herein must, in all other respects, continue to be effective provided the loss of the invalid, preempted or unenforceable provisions do not substantially alter the agreement between the Parties. In the event a law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the Franchise provision which had been held invalid, preempted or modified is no longer in conflict therewith, such Franchise provision will return to full force and effect and thereafter be binding upon thirty (30) days written notice to the Grantee. Section 7.4 Nonenforcement by City. The Grantee is not relieved of its obligations to comply with this Franchise or the Cable Ordinance due to any failure or delay of the City to enforce prompt compliance. The City and Grantee may only waive its rights by expressly so stating in writing. 526220v5 RJV SH255-14 9 Section 7.5 Rights Cumulative. All of the City's and Grantee's rights and remedies pursuant to this Franchise are in addition to and not exclusive of any and all other rights and remedies available to the City or Grantee. Section 7.6 Work Performed by Others. All obligations of this Franchise apply to work performed by any agent, subcontractor or other Person performing any work or services on behalf of the Grantee pursuant to this Franchise to the extent applicable, however, in no event will any such Person obtain any rights to maintain and operate a System or provide Cable Service. Section 7.7 Entire Agreement. This Franchise sets forth the entire agreement between the parties respecting the subject matter hereof. All agreements, covenants, representations, and warranties, express and implied, oral and written, of the parties with regard to the subject matter hereof are contained herein. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party to another with respect to the matter of this Franchise. All prior and contemporaneous conversations, negotiations, possible and alleged agreements, representations, covenants and warranties with respect to the subject matter hereof are waived, merged herein and therein and are superseded hereby and thereby. SECTION 8. ACCEPTANCE OF FRANCHISE Section 8.1 Publication and Effective Date. This Franchise will be effective on the date of acceptance by Grantee. This Franchise shall be enacted and published in accordance with applicable local and Minnesota law. Section 8.2 Time for Acceptance. a. The Grantee must accept this Franchise within sixty (60) days of enactment by the City, unless the time for acceptance is extended by the City. Acceptance by the Grantee will be deemed the grant of this Franchise for all purposes. b. Upon acceptance of this Franchise, the Grantee and City will be bound by all the terms, conditions and obligations contained herein. Section 8.3 Manner for Acceptance. The Grantee must accept this Franchise in the following manner: 526220v5 RJV SH255-14 10 a. The Franchise must be fully executed and acknowledged by Grantee and delivered to the City. b. The Grantee must also deliver any construction bond and insurance certificates required herein that have not previously been delivered, with its acceptance. Section 8.4 Failure to Accept. In the event the Grantee does not timely accept this Franchise in accordance with the requirements herein, this Franchise and all rights granted herein are null and void. Passed and adopted this of 92019. CITY OF MONTICELLO By: Its: By: Its: ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. CC VIII OPERATING LLC L/K/A CHARTER COMMUNICATIONS By: Its: _ Date: , 2019 526220v5 RJV SH255-14 11 EXHIBIT A-1 (Live Origination Sites) City of Big Lake, City Hall 160 Lake St N, Big Lake, MN 55309 City of Buffalo, City Hall* 212 Central Ave, Buffalo, MN 55313 City of Cokato, City Hall 255 Broadway Ave S, Cokato, MN 55321 City of Cokato, Fire Hall 7457 th Street SW, Cokato, MN 55321 City of Dassel, City Hall 460 3rd St, Dassel, MN 55325 City of Delano, City Hall 234 2nd St N, Delano, MN 55328 City of Elk River, City Hall 13065 Orono Pkwy NW, Elk River, MN 55330 City of Maple Lake, City Hall 10 Maple Ave S, Maple Lake, MN 55358 City of Rockford, City Hall 6031 Main St, Rockford, MN 55373 City of Watertown, City Hall 309 Lewis Ave S Ste 1, Watertown, MN 55388 City of Monticello, City Hall 505 Walnut St Ste 1, Monticello, MN 55362 • In Buffalo City Hall, Grantee shall continue to provide two (2) Converters free of charge for program monitoring purposes and two-way connectivity for two (2) programming streams originating from this site. 526220v5 RJV SH255-14 12 EXHIBIT A-2 (Complimentary Service Sites) Citv Hall Locations City of Big Lake, City Hall 160 Street North, Big Lake MN 55309 City of Buffalo, City Hall 212 Central Avenue Buffalo, MN 55313 City of Cokato, City Hall 255 Broadway Avenue South, Cokato, MN 55321 City of Dassel, City Hall 460 3rd Street Dassel, MN 55325 City of Delano, City Hall 234 2nd Street North Delano, MN 55328 City of Elk River, City Hall 13065 Orono Parkway NW, Elk River, MN 55330 City of Maple Lake, City Hall 10 Maple Avenue South, Maple Lake, MN 55358 City of Monticello, City Hall 505 Walnut Street Monticello, MN 55362 City of Rockford, City Hall 6031 Main Street Rockford, MN 55373 City of Watertown, City Hall 309 Lewis Avenue South, Watertown, MN 55388 SWTV - Area Wide Channel (Located in Buffalo City Hall) 212 Central Avenue Buffalo, MN 55313 Public Safetv Locations Big Lake Police Department 790 Minnesota Avenue, Big Lake, MN 55309 Big Lake Fire Department 20243 County Road 43, Big Lake, MN 55309 Big Lake Public Works 18041 198th Avenue, Big Lake, MN 55309 Buffalo Police Department 215 1 st Avenue NE, Buffalo, MN 55313 Buffalo Fire Department - Station 1 - 212 Central Avenue, Buffalo, MN 55313* Buffalo Fire Department - Station 2 - 209 Atlas Avenue, Buffalo, MN 55313 Buffalo Streets and Parks 1303 County Road 134, Buffalo, MN 55313 526220v5 RJV SH255-14 13 Buffalo Utilities Campus 503 Lake Blvd. NW, Buffalo, MN 55313 Cokato Fire Department 745 7th Street SE, Cokato, MN 55321 Cokato Public Works 695 Cokato Street East, Cokato, MN 55321 * Delano Fire Station 245 2nd Street North, Delano, MN 55328 Delano Public Works 402 County Road 30 SE, Delano, MN 55328* Dassel Fire Department 426 2nd Street North, Dassel, MN 55325 Elk River Police Department 13077 Orono Parkway, Elk River, MN 55330 Elk River Fire Department - Station 1 415 Jackson Street, Elk River MN 55330 Elk River Fire Department - Station 2 13073 Orono Parkway, Elk River, MN 55330 Elk River Emergency Operations Center 13077 Orono Parkway, Elk River, MN 55330 Elk River Public Works 19000 Proctor Road NW, Elk River, MN 55330 Maple Lake Fire Department 106 Division Street West, Maple Lake, MN 55358 Maple Lake Pubic Works 441 Oak Avenue South, Maple Lake, MN 55358 Monticello Fire Department (Current Address) 6th Street West, Monticello, MN 55362 Monticello Fire Department (Nov 2019) 101 Chelsea Road, Monticello, MN 55362* Monticello Public Works 909 Golf Course Road, Monticello, MN 55362 Rockford Fire Department 6700 Main Street, Rockford, MN 55373 Rockford Public Works 6551 Utility Drive, Rockford, MN 55373 Watertown Fire Department 401 Carter Street NE, Watertown, MN 55388 Watertown Public Works 700 Lewis Avenue North, Watertown, MN 55388 * Grantee's rights to recover its actual, demonstrated costs of completed such connections shall be governed by Section 4.3b of the Franchise. 526220v5 RJV SH255-14 14 EXHIBIT B (Technical Standards- Live Origination Sites) With respect to all sites listed in Exhibit A, the System shall meet or exceed the following requirements: 1. The System shall operate in conformance with the technical standards promulgated by the FCC pursuant to Title 47, Section 76.601 to 76.617, as may be amended or modified from time to time. 2. The System shall be capable of continuous 24-hour operation without signal degradation. 3. The System shall be capable of operation without failure, material performance changes or signal degradation over an outdoor temperature range of -40 degrees F to +130 degrees F and over a variation in supply voltages from 105 to 130 volts AC. 4. The System will provide access channel connections up to the demarcation point, both upstream and downstream, without material signal degradation or deterioration and with signal quality equal to or better than any other channels. Material signal degradation or deterioration where any signal problem including ghosting or other audio or visual distortion or interference is apparent without special testing. The Grantee shall not be responsible for technical problems deriving from facilities or equipment located beyond the demarcation point, within the institutional site. 526220v5 RJV SH255-14 15 SUMMARY ORDINANCE NO. 712A CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA A SUMMARY ORDINANCE REPEALING AND REPLACING TITLE 8, CHAPTER 12A AS ORDINANCE GRANTING FRANCHISE TO CC VIII OPERATING LLC L/K/A CHARTER COMMUNICATIONS TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM AND PROVIDE SERVICE IN THE CITY OF MONTICELLO, MINNESOTA NOTICE IS HEREBY GIVEN that, on February 11, 2019, Ordinance No. 712 was adopted by the City Council of the City of Monticello, Minnesota. Due to the lengthy nature of Ordinance No. 712, the following Summary Ordinance No. 712A has been prepared for publication as authorized by state law. The ordinance adopted grants a 15 -year cable television franchise to CC VIII Operating LLC d/b/a Charter Communications authorizing operation of a cable system and delivery of cable services in the city pursuant to the Cable Ordinance. Ordinance sections include: 1: General Provisions 2: Grant of Franchise 3 : System 4: Community Services 5: Administration Provisions 6: Indemnification, Insurance, Bonds and Security Fund 7: Miscellaneous Requirements 8: Acceptance of Franchise A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours. The complete ordinance is effective the day of publication and will be posted on the city's website. APPROVED FOR PUBLICATION by the City Council of the City of Monticello, Minnesota, this 11th day of February, 2019. CITY OF MONTICELLO Brian Stumpf, Mayor ATTEST: Jeff O'Neill City Administrator VOTING IN FAVOR: VOTING IN OPPOSITION: City Council Agenda: 02/11/2019 2J. Consideration of approving addition to rules and regulations for Riverside Cemetery (TP) A. REFERENCE AND BACKGROUND: The Riverside Cemetery Rules and Regulations where developed in October 17, 2001 by the Riverside Cemetery Committee, which dissolved after the rules were set. The Parks & Recreation Commission now oversees the policies at Riverside Cemetery. Staff recommended changes to the rules to include the addition of the columbarium and ossuary being installed at the cemetery in the spring. After discussions with the commission, a motion passed to proceed with the identified changes and additions to the Riverside Cemetery Rules and Regulations. The proposed changes to the rules are included in the council packet as supporting data and the identified changes or additions are highlighted in red. Al. Budget Impact: No impact. A2. Staff Workload Impact: Minimal staff time monitoring new rules and activities at the cemetery. B. ALTERNATIVE ACTIONS: 1. Motion to approve the changes as presented to the Riverside Cemetery Rules and Regulations. 2. Motion to deny the changes at this time. C. STAFF RECOMMENDATION: City staff recommends Alternative #1. D. SUPPORTING DATA: • Updated changes to Riverside Cemetery Rules and Regulations. 1 RIVERSIDE CEMETERY RULES & REGULATIONS Est. 2001 CITY OF MONTICELLO RIVERSIDE CEMETERY RULES & REGULATIONS Est. 2001 ' � 1 }• �i4{� �+� fly 'i.�,.•,,.:�r ~ y. � 'p ,.ylJ.'� *~ r"'Nlr+ - . a �,c y',,,w,r�. i . N,�[ ,.[ �R� �: it. , �. s' CITY OF MONTICELLO RIVERSIDE CEMETERY RULES & REGULATIONS Est. 2001 Table of Contents 1. PURCHASE OF GRAVES: .............................................................................................................................. 2 2. CONDITIONS OF GRAVE PURCHASE: .......................................................................................................... 2 3. TRANSFER OF GRAVES: .............................................................................................................................. 3 4. DESCENT OF GRAVES or COLUMBARIUM NICHE or OSSUARY SPACE: ....................................................... 3 5. BURIAL PERMITS: ....................................................................................................................................... 3 6. INTERMENTS: ............................................................................................................................................. 4 7. COLUMBARIUM/OSSUARY:........................................................................................................................5 8. DELAY OF INTERMENT: .............................................................................................................................. 5 9. DISINTERMENTS:........................................................................................................................................5 10. MONUMENTS, MARKERS AND FOUNDATIONS: ......................................................................................... 6 11. PERMANENT CARE: .................................................................................................................................... 7 12. LANDSCAPING IMPROVEMENTS: ............................................................................................................... 7 13. PERPETUAL CARE: ...................................................................................................................................... 8 14. HOURS OF OPERATION: ............................................................................................................................. 8 15. GENERAL REGULATIONS: ........................................................................................................................... 8 16. PENALTIES: ............................................................................................................................................... 10 17. CEMETERY MANAGEMENT: ..................................................................................................................... 10 ATTEST............................................................................................................................................................. 11 F:ADMIN\\WORDPROC\RIVERSID\RULES.FRM: EFFECTIVE 11/01/01: AMENDED 01/22/2004 -PAGE 1 of 11 - MONTICELLO RIVERSIDE CEMETERY I1001*►qV_\►117:�Xeto] W_1IIIN] ►F1 EFFECTIVE NOVEMBER 1, 2001 AMENDED MARCH 9, 2015 AMENDED SEPTEMBER 26, 2016 AMENDED 2019 1. PURCHASE OF GRAVES: 1.1 All fees or charges shall be set by the City Council and are payable to the City at the Public Works Office located at 909 Golf Course Road, Monticello, MN 55362. 1.2 No grave shall be reserved with the intent to purchase for any reason. 1.3 Upon full payment of the purchase price of a grave, the City of Monticello will issue a cemetery deed/certificate of ownership conveying the grave, executed by the City, and the deed/certificate of ownership shall be recorded in the records of the City. Description of the grave/interment space will be in accordance with the cemetery plats, which are kept on file at the City Public Works Office. 2. CONDITIONS OF GRAVE PURCHASE: 2.1 All graves will be sold subject to these rules and regulations, or those hereafter adopted. The purchaser shall expressly agree, in the deed/certificate ownership conveying the lot their rights are subject to such reasonable rules and regulations as the City Council may adopt. The deed/certificate of ownership, and these rules and regulations, and any amendments, constitute the sale agreement between the cemetery and the lot owner. 2.2 No grave shall be used for any purpose other than the burial of human remains and the placing of appropriate memorials, as per the rules and regulations of the cemetery. 2.3 No easement or right of interment is granted to any grave owner in any road, drive, alley, or walkway within the Riverside Cemetery, but such road, drive, alley, or walkway may be used as a means of access to the owner's cemetery grave or graves. 2.4 The City reserves, and shall have, the right to correct any errors that may be made by it either in making interments, disinterment, or removals, or in the description, transfer, or conveyance of any interment property, either by canceling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location, as far as possible, or as may be selected by the City, or in sole discretion of the City, by refunding the amount of money paid on account of said purchase. In the event that such error shall involve the interment of remains of any person in such property, the City reserves, and will have, the right to remove or transfer such remains so interred to other property of equal value F:ADMIN\\WORDPROC\RIVERSID\RULES.FRM: -PAGE 2 OF 1 1 - and similar location as may be substituted and conveyed in lieu thereof. 3. TRANSFER OF GRAVES: 3.1 The owner of a cemetery grave may transfer the grave: 3.1.1 To the City of Monticello at the original sale price, 3.1.2 Any of his/her relatives, who may survive him/her by will for the use and benefit of the person designated in the will, or 3.1.3 To other persons not related to him/her. In all cases, the owner must complete and have signed by witnesses and a Notary Public, a Transfer of Ownership document provided by the City of Monticello. The transfer of ownership document must be approved by the City prior to the transfer of graves by the owner. When a transfer has been made in conformance with these rules, the City will issue a deed/certificate of ownership to the new owner. In all cases, a transfer fee payable to the City of Monticello will apply based upon the City's current fee schedule. 3.2 No grave will be permitted to be re -sold, disposed of, or otherwise used until the purchase price, and all unpaid charges, have been paid in full. 3.3 No cemetery grave may be re -sold or otherwise disposed of, without approval of the City of Monticello. 3.4 Grave owners may not allow interments to be made on their grave unless the transfer of grave process has been completed. 4. DESCENT OF GRAVES or COLUMBARIUM NICHE or OSSUARY SPACE: 4.1 On the death of a deed/Certificate owner shall be granted and conveyed by the City to the descendant's surviving spouse. If there is no surviving spouse, then to the descendant's eldest surviving child; if there is no surviving child, then to the descendant's youngest surviving sibling; if there is no surviving spouse, child or sibling of the descendent and the grave(s)/niches are not sold back to the City of Monticello during the administration of the descendant's estate or otherwise provided for by will, the City may convey the grave(s)/niches to any of the descendant's parents, siblings or descendants as it deems fit. S. BURIAL PERMITS: 5.1 A burial permit shall be issued and delivered to the City of Monticello for all burials in the cemetery. In the case of a cremation burial the certificate of cremation shall be delivered to the City of Monticello. F:ADMIN\\WORDPROC\RIVERSID\RULES.FRM: EFFECTIVE 11/01/01: AMENDED 01/22/2004 -PAGE 3 OF 1 1 - 6. INTERMENTS: 6.1 Deed/Certificate owners are granted only the right of interment in their columbarium niche, ossuary space or cemetery grave. The City of Monticello reserves the right to refuse to permit the interment of anyone who is not at the time the owner of the lot, or a relative of the owner, by blood or marriage. Permission, in writing, and with the seal of a Notary Public, of the grave owner must accompany all requests for permits to bury persons not members of the immediate family of the grave owner. 6.2 At least forty-eight (48) hour notice shall be given prior to the time set for the funeral service to assure a timely grave opening. 6.3 City Holidays are as follows: New Year's Day, Martin Luther King Jr Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day and the day after Thanksgiving, % day — Christmas Eve and Christmas Day. If a family chooses a burial the day following a holiday—the family will be charged the Public Works Labor fee as stated in the most current fee schedule for time spent preparing for burial. 6.4 No casket shall be interred in the cemetery unless it is enclosed in a concrete vault or box. Ashes must be placed in a container prior to burial. 6.5 Should the grave owner or funeral director fail or neglect to designate the location, the City of Monticello reserves the right to make the interment in a location designated by the City. The City will not be responsible for any order given by telephone, or for any mistake occurring from the want of precise, proper instructions as to the particular location within a plot where interment is desired. 6.6 Interments are for the purpose of the human dead only. No pets, jewelry, artifacts, or other material items will be allowed to be buried. 6.7 The City will not be liable for the interment permit, nor the identity of the person sought to be interred. 6.8 No interment of more than one body shall be made in one grave, except in the following cases: 6.8.1 One adult and one child or infant. 6.8.2 Two infants or children. 6.8.3 Two urns of ashes. 6.8.4 One adult and one urn of ashes. 6.9 The cost of interments, including burial of ashes, shall be set by the City. 6.10 Payment in FULL of all fees, must be made prior to burial. F:ADMIN\\WORDPROC\RIVERSID\RULES.FRM: -PAGE 4 OF 1 1 - 7. COLUMBARIUM/OSSUARY: 7.1 Ownership of interment space in a columbarium shall be considered the same as ownership of other cemetery property and shall descend according to state law. 7.2 No more than two urns or vases can be placed within a single niche. The urns must be either 5 %2" x 5 %2" x 7" square or a vase size of 10" high x 6" diameter. 7.3 The initial opening and closing of a columbarium niche for the interment of cremains is included in the sale price. However, applicable charges, to be paid in advance, will be levied for the opening of a sealed niche for any other reason. 7.4 The niche face plate is removed by the City of Monticello cemetery employees only. 7.5 Cremains will not be placed in the columbarium or ossuary by anyone other than a City of Monticello cemetery employee. 7.6 The etching of the niche face plate will be done by a contractor of the City of Monticello. 7.7 Flower holders, vases, or other fixtures shall not be allowed to be attached to the columbarium 7.8 Urn bags will be provided by the City of Monticello for the ossuary. 7.9 The City of Monticello will not buy back previously sold columbarium niches. If cremains are removed, the niche is forfeited back to the City of Monticello for re -sale. 7.10 The removal of the cremains from the niche shall be considered a disinterment. At that time the niche shall be forfeited to the City of Monticello and resold. The etched or engraved niche front shall remain the property of the family. The cost of replacing the double niche front and etching or engraving the adjacent "door" (if needed) back to exactly how it was shall be the responsibility of the City. 7.11 The City of Monticello is not responsible for any loss or damage caused by an act of elements, thieves, vandals or any malicious doings to personal property. 7.12 Ownership of interment space and their heirs must adhere to these regulations. 8. DELAY OF INTERMENT: 8.1 The City of Monticello will be in no way liable for any delay in the interment of remains when a protest to the interment has been made, or where rules or regulations have not been complied with. 9. DISINTERMENTS: 9.1 Written permission of the grave owner, and the next of kin, shall be filed with the City, and a permit from the County Health Officer shall be secured and presented, and the required fees paid before any grave may be opened for any purpose. At least thirty (30) days written notice must be given prior to any disinterment. This provision does not apply when disinterment is ordered by a duly authorized public authority. 9.2 The cost of disinterment will be the same as the current cost of interments unless otherwise stated in the fee schedule. F:ADMIN\\WORDPROC\RIVERSID\RULES.FRM: EFFECTIVE 11/01/01: AMENDED 01/22/2004 -PAGE 5 of 1 1 - 9.3 The City of Monticello will never disinter cremains once they are placed within the ossuary. 10. MONUMENTS, MARKERS AND FOUNDATIONS: 10.1 Every marker must be placed in the space reserved therefore, as shown upon the plat of such grave, or as directed by the City. 10.2 Monuments will be allowed in the old section of the cemetery only and are limited in size to a maximum of 36" for a single grave and a maximum of 72" for a double grave, including the 4" concrete border. 10.2.1 Monuments in the cremation section of the cemetery are limited to a maximum size of 36" for a single grave plus a 4" concrete border, bringing the total maximum width to 44". 10.3 Monuments will not be allowed in the new section of the cemetery. Only flat markers of sizes specified by the City will be allowed in the new section of the cemetery. Marker size shall not exceed 2' x 3' for a single grave, 2' x 4' for a double grave, and 12" x 18" for a single baby grave, including the 4" precast concrete border. All markers shall be uniform in thickness and a minimum of 4" thick with the exception of the brass veteran markers. Markers embracing more than two graves will not be permitted, unless otherwise approved by the City. 10.4 No monument or marker, nor any part thereof, may be constructed of limestone, sandstone, or any artificial material. 10.5 A foundation of concrete is required for monuments/markers. There shall be a minimum of 4" concrete border set at grade level. Setting of all monuments/markers shall be performed by the City or its approved contractor, or an accepted monument company. The City requires that all above ground monuments/markers must be attached to the foundation by setting it into the wet cement, pinning it into the cement, or adhering it to the foundation using exterior adhesive for stones such as PL400. 10.6 Prior to any monument/marker placement or removal for repair the City or its approved contractor shall be contacted in order to stake the area and supervise the placement. 10.7 For all graves there will be a staking fee payable to the City of Monticello as listed in the City's current fee schedule. This fee must be paid IN ADVANCE of the staking performed by the City. 10.8 The City requires that all flush markers in the new section of the cemetery shall be set at the head end and face east. Furthermore, all monuments/markers in the old section shall be set at the head end and face east unless existing conditions warrant placing elsewhere. Such variances will be approved in writing by the City prior to monument/marker placement. F:ADMIN\\WORDPROC\RIVERSID\RULES.FRM: -PAGE 6 of 1 1 - 10.9 Only one marker will be permitted on any one grave in the new part of the cemetery with the exception of a veteran marker which may be placed at the foot end, unless otherwise approved by the City. 10.10 A maximum of one upright monument or memorial bench monument and one flat marker will be permitted on any one grave in the old part of the cemetery. 10.11 Corner markers of like material may be placed on graves and/or lots in the old part of the cemetery only. Corner markers shall be no larger than 4" x 4" square and shall be placed flush with the ground. 11. PERMANENT CARE: 11.1 The general care of the cemetery is assumed by the City and includes the following: 11.1.1 Cutting of the grass at reasonable intervals; 11.1.2 Raking and cleaning of the grounds; 11.1.3 Pruning of the shrubs and trees that may be placed by the City; and Maintaining the general preservation of the graves and grounds, walks, roadways, boundaries, and structures, to the end that said grounds shall remain and be reasonably cared for as cemetery grounds. 11.1.4 The general care of the cemetery may be awarded by contract to private firms by the City as they see fit. 11.2 General care of the cemetery assumed by the City shall in no case mean the maintenance, repair, or replacement of any monument marker erected upon graves, nor the doing of any special or unusual work in the cemetery. 12. LANDSCAPING IMPROVEMENTS: 12.1 Plants and flowers may be placed above ground, in pots on stands. Any pot placed on the ground will not be the responsibility of the City of Monticello, or its employees, should it be destroyed. Flowers and other items placed directly on the grave may be removed by the City prior to routine cutting of the grass. 12.2 No trees, shrubs, or vines may be planted, nor may fences be erected. The City reserves the right to remove any tree, shrub, vine, plant, or flowers which may become unsightly, dangerous, or not in keeping with the landscape design of the cemetery. 12.3 Pots, urns or stands that are left unused on a grave for a period of one (1) year will be removed by the City. 12.4 All landscaping, grading, and seeding shall be done by the City of Monticello or its approved contractor. All graves will be seeded and kept flush with the adjacent ground. When F:ADMIN\\WORDPROC\RIVERSID\RULES.FRM: EFFECTIVE 11/01/01: AMENDED 01/22/2004 -PAGE 7 of 1 1 - weather conditions allow, seeding will be done following the burial. 12.5 The City will make water available to grave owners for care of flowers and plants in pots, set in stands, from spring to fall of each year, depending on weather. Grave owners may water the grass covering their graves. 12.6 The City cannot be held responsible for any damages, loss, or theft, of any personal property such as flowers, plants, decorations, vases, crocks, markers, monuments, etc. 12.7 The last week in April will be designated as Spring Cleanup in the cemetery. Easter arrangements will be allowed one week before and one week after Easter. 12.8 The last week in October will be designated as Fall Cleanup in the cemetery. All items left on the ground will be disposed of and the City will not accept liability for such items. The City recommends that above ground pots and stands should be removed before the first freeze and can be replaced at the appropriate grave site after the completion of Spring Cleanup. If pots and stands are left year- round, the City will not accept responsibility for such items if they are destroyed due to weather, snow plowing, vandalism, etc. 13. PERPETUAL CARE: 13.1 There shall be established a Perpetual Care Fund and all monies collected for perpetual care of graves shall be deposited in said fund, and shall be kept separate from all other funds of the City. 13.2 The fee for perpetual care shall be fixed by the Council of the City by resolution. 14. HOURS OF OPERATION: 14.1 The cemetery will be open to visitors from sunrise to one half hour past sunset. Permission to enter at all other times shall be secured from the City. The City reserves the right to refuse admission to the cemetery and to refuse the use of any of the cemetery's facilities, at any time, to any person or persons whom the City may deem objectionable to the best interest of the cemetery. 15. GENERAL REGULATIONS: 15.1 Persons within the cemetery shall use only the paths and walkways, and no one is permitted to walk upon or across lots or graves unless it is necessary to do so to gain access to one's own lot. The cemetery expressly disclaims any liability for any injuries sustained by anyone violating this rule. 15.2 Persons visiting the cemetery or attending funerals are strictly prohibited from writing upon, defacing, or injuring any monument or marker, breaking or injuring any tree, shrub, F:ADMIN\\WORDPROC\RIVERSID\RULES.FRM: -PAGE HOF 1 1 - plant, or other structure within the cemetery grounds. 15.3 The following acts are expressly prohibited, as well as any other violations of City Ordinances and regulations that may apply: 15.3.1 The driving of motor vehicles into the cemetery, unless attending a funeral, visiting a relative or a friend's grave site, or carrying on maintenance work authorized by the City. 15.3.2 The driving or parking of any motor vehicle across or upon any grave or lot. 15.3.3 Loud or boisterous talking or music. 15.3.4 Bringing of lunches or refreshments, including alcoholic beverages, into the cemetery or consuming them on the grounds. 15.3.5 Peddling or soliciting the sale of any commodity within the cemetery. 15.3.6 Placing of signs, notices or advertisements of any kind within the cemetery. 15.3.7 The throwing of rubbish on any part of the grounds. 15.3.8 The walking of pets (including dogs, cats, or any other household pet) on any part of the grounds. 15.3.9 The driving or parking of any snowmobiles, ATV's or motorized off-road bikes on any part of the grounds. 15.3.10 The placing of glass containers or bottles on any part of the grounds. 15.4 Special cases may arise in which the literal enforcement or interpretation of a rule may impose unnecessary hardship. The City reserves the right to make exceptions, suspensions, or modifications of any of these rules and regulations, when in the judgment of the City such action appears necessary, and such a temporary exception, suspension, or modification shall in no way be construed as affecting the general application of such rules and regulations. 15.5 The City of Monticello reserves the right to amend these rules and regulations whenever it is determined that it is in the best interest of the cemetery to do so. Any and all amendments to these regulations will be approved by the City Council of Monticello. 15.6 The City of Monticello reserves the right to remove all monuments, markers, flowers, plants, trees, decorations, or other similar objects whenever any of these objects become unsafe, unsightly, dangerous, or not in keeping with the landscape design of the cemetery. 15.7 Specific costs for graves, interments, disinterment, burial of ashes, and setting monuments/markers are not included in these rules because of the necessity to revise these rates. A current schedule of fees can be obtained from the City. F:ADMIN\\WORDPROC\RIVERSID\RULES.FRM: EFFECTIVE 11/01/01: AMENDED 01/22/2004 -PAGE 9 OF 1 1 - 15.8 Individuals with questions or concerns about cemetery operations shall report their concerns to the Office of Public Works and shall not delay, interfere with or harass City employees, authorized contractors, or agents of the City as they go about their duties in the cemetery. 16. PENALTIES: 16.1 Violation of the City Ordinance is considered a misdemeanor and the penalty is described by law. These cemetery rules and regulations are part of the City Ordinance and shall be enforced and penalties imposed for violation of such rules and regulations. 17. CEMETERY MANAGEMENT: 17.1 The responsibility for the management of Monticello Riverside Cemetery and all matters related thereto shall be vested in the City. 17.2 The Monticello Parks Commission shall be the overseeing board for any maintenance or other issues with regard to Monticello Riverside Cemetery. ANY QUESTIONS OR CONCERNS IN REGARD TO THE MONTICELLO RIVERSIDE CEMETERY RULES AND REGULATIONS AS SET FORTH HEREIN SHALL BE DIRECTED TO: MONTICELLO PARKS DEPARTMENT 909 GOLF COURSE ROAD MONTICELLO, MINNESOTA 55362 TELEPHONE: (763) 295-3170 FACSIMILE: (763) 271-3272 F:ADMIN\\WORDPROC\RIVERSID\RULES.FRM: - PAGE 10 of 11 - ATTEST RIVERSIDE CEMETERY RULES AND REGULATIONS Updates to the Rules and Regulations for Riverside Cemetery were presented to City Council at their meeting on , 2019, for approval upon recommendation of the Monticello Parks Commission. APPROVED BY the Monticello City Council this day of 12019. CITY OF MONTICELLO Brian Stumpf, Mayor ATTEST: Jeff O'Neill, City Administrator F:ADMIN\\WORDPROC\RIVERSID\RULES.FRM: EFFECTIVE 11/01/01: AMENDED 01/22/2004 -PAGE 11 of 11 - City Council Agenda: 02/11/2019 2K. Consideration of accepting bids and awarding a contract to New Look Contracting, Inc. for Bertram Chain of Lakes Regional Athletic Park Phase 1 Improvements for the base bid plus alternates 1, 2 and 3, for a total amount of $1,554,345. (TP, ML, AS) A. REFERENCE AND BACKGROUND On November 13, 2018, the City Council adopted Resolution 2018-91 to approve the plans and specifications and authorize advertisement of bids for the Bertram Chain of Lakes Athletic Complex Phase 1 project. Bid requests included a total base bid plus alternates for 1) Eastern gravel trail loop; 2) Parking lot light fixtures; 3) landscape tree plantings and hardwood mulch rings; and 4) installation of an HDPE pond liner instead of a clay liner. Upon further review, staff has determined that a clay liner for the stormwater retention pond is a better alternative than Alternate 4 of a HDPE liner. The engineer's estimate for the base bid was $1,826,060. Bids were received and opened on February 5, 2019 at 11 a.m. A total of 11 bids were received and ranged from a low base bid of $1,419,550 to a high base bid of $1,828,139.10 plus the four alternates as described above. With the low base bid coming in well below the engineer's estimate, staff has decided to add Alternates 1, 2 and 3 onto the project, bringing the total cost to $1,554,345. The low bidder is New Look Contracting, Inc. and staff has been satisfied with other projects completed by this company. The planned Phase 1 improvements are intended to support existing interim green space on the west side of the athletic park, as well as the infrastructure needed to support new and future field space on the 27 -acre parcel. The project in general will include the following improvements: • Mass grading of the 27 acres • Construction of two premier multi-purpose fields. • Installation of a gravel parking lot with the exception of paved accessible parking stalls and associated trail. • Installation of gravel trails. • Installation of electric utility infrastructure needed for operation of the irrigation system, well, and for future phases. • Installation of minimal parking lot lighting. • Construction of a water -reuse stormwater pond and an irrigation system. • Seeding and restoration. • Irrigation deep well (estimated at $200,000 to be bid separately by City staff and not included in the project bid) • Bid alternates including a gravel trail expansion, additional parking lot lights, and tree planting and landscaping. With the contract approval, construction is expected to begin in May 2019 with an estimated completion in October of 2019. Al. Budget Impact: The project is financed by the estimated reserve accumulated in the liquor fund through the end of 2019. The liquor fund transferred $400,000 to the Park and Pathway Fund for engineering/design/planning in 2018. The liquor fund will be able to make its commitment of the remaining funds for construction. City Council Agenda: 02/11/2019 A2. Staff Workload Impact: Staff will assist the consultant in the inspection and management of the construction and is expected to be approximately 10 hours per week. A3. Strategic Plan Impact: The project meets the following Strategic Plan goals or objectives: 1. Create and Preserve Sustainable Livability: Moving forward with the Phase 1 improvements supports the development of quality of life amenities, including athletic and recreational opportunity, for the community. 2. Strengthen Our Image as a Destination: The development of the Bertram Chain of Lakes Regional Athletic Park strengthens Monticello's image as a place to participate in a broad variety of recreational activities in an unparalleled natural setting. 3. Be a Regional Leader: The Bertram Chain of Lakes Regional Athletic Park is a regional asset, benefitting not only the community, but the surrounding region, setting Monticello apart as a provider of recreation and natural resource assets connected together to help build healthy, active communities. 4. Invest in People: Investing in recreational assets is investing in the health and well-being of the full community. B. ALTERNATIVE ACTIONS 1. Consideration of accepting bids and awarding a contract to New Look Contracting, Inc. for Bertram Chain of Lakes Regional Athletic Park Phase 1 Improvements for the base bid plus alternates 1, 2 and 3, for a total amount of $1,554,345 2. Motion to reject the bids and not award a contract for the project at this time. C. STAFF RECOMMENDATION Staff recommends Alternative No. 1. to accept the bids and award a contract to New Look Contracting, Inc. for construction of Phase 1 improvements at the Bertram Chain of Lakes Regional Athletic Park. D. SUPPORTING DATA A. Bid Tabulation B. Letter of Recommendation 2 BID TABULATION SUMMARY PROJECT: Bertram Chain of Lakes Regional Athletic Park Phase 1 Improvements OWNER: City of Monticello Project No. 16CO01 - Phase 1 WSB PROJECT NO.: R-011744-000 Bids Opened: February 5, 2019, 11:00 a.m. Engineer's Opinion of Cost Denotes corrected figure $1,826,060.00 $18,000.00 $24,000.00 $101,400.00 $12,300.00 I hereby certify that this is a true and correct tabulation of the bids as received on February 5, 2019. Jason A erg, Project n5ger� Ilgvfiles011projects1011744-OOOI4dminlConstruction AdminlBiddinglR-011744-000 Bid Tab Summary -020519 Total Base Bid Contractor Addendum No. 1 Addendum No. 2 Addendum No. 3 Bid Security (5%) (Sched. A -F) Total Alternate 1 Total Alternate 2 Total Alternate 3 Total Alternate 4 1 New Look Contracting, Inc. X X X X $1,419,550.00 $13,500.00 $18,800.00 $102,495.00 $77,820.00 2 Fehn Companies, Inc. X X X X $1,565,684.61 $26,982.00 $16,545.92 $66,889.23 $39,137.05 3 Designing Earth Contracting, Inc. X X X X $1,570,787.00 $16,200.00 $16,000.00 $90,295.00 $41,000.00 4 Peterson Companies, Inc. X X X X $1,712,426.42 $16,623.00 $12,900.00 $64,750.00 ($11,408.05) 5 Frattalone Companies, Inc. X X X X $1,798,231.50 $20,025.00 $16,880.00 $67,301.00 $2,380.00 6 Veit & Company, Inc. X X X X $1,736,030.00 $28,800.00 $18,600.00 $72,748.00 $72,070.00 7 Rachel Contracting, Inc. X X X X $1,781,879.00 $36,225.00 $17,800.00 $71,255.00 $39,400.00 8 Park Construction Company X X X X $1,887,970.70 $18,630.00 $16,800.00 $66,699.00 ($26,312.00) 9 Sunram Construction X X X X $2,114,856.00 $29,700.00 $18,200.00 $96,285.00 ($140,300.00) 10 Northern Lines Contracting, Inc. X X X X $1,542,799.35 $17,955.00 $20,340.00 $68,860.00 $514,016.00 11 R.L. Larson Excavating, Inc. X X X $1,828,139.10 $18,000.00 $18,000.00 $68,540.00 $313,400.00 Engineer's Opinion of Cost Denotes corrected figure $1,826,060.00 $18,000.00 $24,000.00 $101,400.00 $12,300.00 I hereby certify that this is a true and correct tabulation of the bids as received on February 5, 2019. Jason A erg, Project n5ger� Ilgvfiles011projects1011744-OOOI4dminlConstruction AdminlBiddinglR-011744-000 Bid Tab Summary -020519 2 0 U c� z W 00 CO z U) J 0 a a LU z z 2 0 0 n W D U) T w D z w a a z W X 0 wsb February 7, 2019 Honorable Mayor and City Council City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Re: Bertram Chain of Lakes Athletic Park Phase I Improvements — Letter of Recommendation City of Monticello Project No. 16CO01 — Phase 1 WSB Project No. R-011744-000 Dear Mayor and Council Members: Bids were received for the above -referenced project on Tuesday, February 5, 2019, and were opened and read aloud. A total of 11 competitive bids were received. The bids were checked for mathematical accuracy and tabulated (attached for reference). The Engineer's Estimate for base bid was $1,826,060.00. As the bid tabulation indicates, the low bidder was New Look Contracting, Inc., Rogers, MN with a base bid amount of $1,419,550.00. As with any site development project, there is the potential for unknown issues to arise during construction. We recommend that the City set aside a construction contingency of 5% to 10% of the total construction budget to address any potential issues that may be encountered during the implementation of these improvements. WSB recommends the City consider these bids and award a contract to the low bidder, New Look Contracting, Inc., in the amount of $1,554,345.00 for base bid and desired add alternate bid items as listed below: Base Bid $1,419,550.00 Add Alternate 1 (Eastern Gravel Trail Loop) $13,500.00 Add Alternate 2 (Parking Lot Light Fixtures) $18,800.00 Add Alternate 3 (Tree Plantings) $102,495.00 Total Recommended Contract Award: $1,554,345.00 Note: We do not recommend award of Alternate Bid Item #4 due to cost. This alternate was for an optional pond liner. WSB has experience quality results with this contractor in the past. We have also received favorable feedback from the City of Minnetonka who awarded a project to New Look Contracting this past year. It has been a pleasure working with the City of Monticello on this project and we look forward to seeing this project move into construction. If you have any questions, please call me directly at 763-231-4841. Sincerely, WSB Jason Amberg, PLA Project Manager Attachments CC: Matt Leonard, Tom Pawelk \\gvfiles0l\projects\011744-000Wdmin\Construction Admin\R-011744-000 LOR-020519.docx City Council Agenda: 2/11/2019 2L. Consideration of approving the purchase agreement with 2nd Wind for cardio equipment at the Monticello Communitv Center in the amount of $59,479.61. (AM) A. REFERENCE AND BACKGROUND: City Council is asked to consider approving the purchase of new cardio equipment. The new pieces would replace most of our worn-out units, as well as, our malfunctioning pieces of equipment. We propose to keep the pieces of cardio equipment that are newer and functioning and declare surplus on at least fourteen pieces of cardio equipment that are old and malfunctioning. The overall member's experience during a visit to their fitness facility contributes to the frequency in which they utilize their membership, their decision to renew, as well as referring others to the facility. In terms of fitness equipment, the member experience is a result of four key factors: Quality and design of equipment, variety and type of equipment, availability of equipment, and the equipment condition/state of repair. We propose to purchase fourteen units of cardio equipment and start a rotation timeline for future replacement. Our goal is to replace treadmills every five years, ellipticals every eight years, and other equipment as needed. It is important that we change out our high use cardio equipment before the unit starts to break down, so that we have all of our equipment available to members. When touring our facility, prospective members will first notice the aesthetics of the equipment and evaluate the equipment based on available offerings. Staying ahead of the competition and keeping members interested and invested in our facility is very important. New equipment helps to retain members and prevent them from leaving for competing and nearby facilities because we will have current equipment available and therefore remove the need or desire for them to consider other facilities. We are at a point in time that it makes more sense to invest in new equipment verses the high maintenance costs of our aging equipment. Currently, the community center spends an average of $8,000 per year in outside labor and parts costs to maintain the existing cardio equipment with an additional $9,000 annually for internal staff time to keep up with repairs and maintenance requests (5-7hrs average per week on equipment repairs). This $8,000 per year could be allocated towards equipment replacements and the staff time could be allocated towards other projects and areas. Inclusion of the four-year warranty with 2nd Wind will result in reduced down time of machines, reduced or eliminated staff time to fix or deal with repairs and handle member complaints, and an overall better member and staff experience. For $59,479.61 we propose to purchase nine treadmills, three recumbent bikes, and two upright bikes for a total of fourteen new pieces of equipment. We would declare surplus property on at least 9 treadmills, 3 recumbent bikes and 2 upright bikes. B. City Council Agenda: 2/11/2019 For a contract estimated to exceed $25,000, a municipality must consider the availability, price and quality of supplies, materials, or equipment available through the state's cooperative purchasing venture before purchasing through another source. Staff has verified no such item exists on the state cooperative purchasing venture. Quotes for Cardio Equipment VENDOR DESCRIPTION Matrix 2" d Wind Exercise Equipment Johnson Fitness and Wellness New cardio equipment including 3 -year parts and labor warranty. Installation and delivery extra. New cardio equipment including installation and delivery, 4 -year parts and labor warranty. New cardio equipment including installation and delivery. 4 -year parts and labor warranty extra. TOTAL QUOTE $62,475 $59,479.61 Al. Budget Impact: The 2019 MCC programming budget contained $40,000 for small tools and equipment. The remainder of the financing will come from expected saving elsewhere in the budget, the fund balance, or some combination of both. A2. Staff Workload Impact: Staff time will include overseeing the project and working with the vendor to finalize the project. A3. Strategic Plan Impact: Strategic Goals: • Create & Preserve Sustainable Livability • Build a Connected Community • Strengthen a Vibrant Economy • Be a Regional Leader • Invest in People ALTERNATIVE ACTIONS: 1. Motion to approve the purchase of $59,479.61 worth of cardio equipment at the Monticello Community Center by the lowest bidders as highlighted in yellow and identified in the previous table with the plan to purchase additional units every year. 2. Motion to deny. City Council Agenda: 2/11/2019 C. STAFF RECOMMENDATION: City staff recommends Alternative 1. D. SUPPORTING DATA: A. Quotes for cardio equipment 2nd Wind Exercise Equipment Drew Wurst (3827) 7585 Equitable Drive • fig/ND F�v�,EhT Eden Prairie, MN 55344 Phone: (952) 224-1240 Fax: (952) 906-6909 0!11P icy nuV1111duUn Monticello Community Center Ann Mosack 505 Walnut St. Monticello, MN 55362 Home: (763) 271-7124 Work: (763) 271-7124 Fax: (763) 271-7105 Cell: (763) 271-7124 Email: sara.cahillCci.monticello.mn.us Expiration Date: 2/25/2019 Quote Quote Order 22-042883 Date 02/05/19 Bill To Information Monticello Community Center Ann Mosack 505 Walnut St. Monticello, MN 55362 Home: (763) 271-7124 Work: (763) 271-7124 Fax: (763) 271-7105 Cell: (763) 271-7124 Email: sara.cahill@ci.monticello.lnn.us Terms: Prepaid $4,950.00 $44,550.00 $0.00 $0.00 $2,300.00 $4,600.00 $0.00 $0.00 $2,600.00 $7,800.00 1 of 3 Delivery List Your Qty SKU Description Method Tax Price Price Ext. Price $4,950.00 $44,550.00 $0.00 $0.00 $2,300.00 $4,600.00 $0.00 $0.00 $2,600.00 $7,800.00 1 of 3 2/5119 ❑ Matrix 5x Series Consples Feature: ❑ 3 -Speed User Cooling Fans ❑ USB -Charging Ports ❑ Sprint8 Training Interval Training Program ❑ Variety of Programs ❑ 9 T5X-08 Matrix T5X Treadmill - LED Console Deliver ❑ $8,995.00 5.OHP AC Motor: .5 - 15mph Speed Range ❑ Dynamic Response Drive for Natural Footstrike Feel ❑ 22"x60" Full Size Running Belt Surface ❑ Ultimate Deck Cushioning System ❑ 3 -Speed User Fan ❑ HandleGrips w/Quick Speed & Incline Controls ❑ Sprint 8 Training Program [� Warranty: Lifetime Motor, 3yrs Parts & 3yrs Labor ❑ 9 EXT-WTY-4/4 Extended Warranty: 4yrs Parts & 4yrs Labor Deliver ❑ $839.00 2 U5X-06 Matrix U5X Upright Bike - LED Console Deliver ❑ $3,695.00 ErgoForm Seat w/1 handed adjustment ❑ ErgoForm Molded Handlebars w/Forearm Supports ❑ 3 -Speed User Fan ❑ Warranty: 5yrs Generator, 3yrs Parts & 3yrs Labor ❑ 2 EXT-WTY-4/4 Extended Warranty: 4yrs Parts & 4yrs Labor Deliver ❑ $559.00 3 R5X-06 Matrix R5X Recumbent Bike - LED Console Deliver ❑ $3,995.00 $4,950.00 $44,550.00 $0.00 $0.00 $2,300.00 $4,600.00 $0.00 $0.00 $2,600.00 $7,800.00 1 of 3 3 EXT-WTY-4/4 ErgoForm Seat & Ventilated Back Rest 3 -Speed User Fan Side Handle Resistance Controls & Hrt Rate Sensors Warranty: 5yrs Generator, 3yrs Parts & 3yrs Labor Extended Warranty: 4yrs Parts & 4yrs Labor 1 Factory Freight reduced freight c/o 2nd Wind Exercise 1 COMMDEL01 Commercial Delivery & Assembly "Prices valid thru 2/25/19 Special Instructions: NET 30 Terms Treadmills require 20AMP, NEMA 110V dedicated circuit outlets Bikes are self powered - no outlets required Deliver Deliver ❑ $559.00 ❑ $2,864.51 13 ❑ $2,800.00 11 $0.00 $679.61 $1,850.00 $0.00 $679.61 $1,850.00 Item Total: $59,479.61 Tax: F $0.00 TOTAL: 1 $59,479.61 2 of 3 Delivery List Your Qty SKU Description Method Tax Price Price Ext. Price 3 EXT-WTY-4/4 ErgoForm Seat & Ventilated Back Rest 3 -Speed User Fan Side Handle Resistance Controls & Hrt Rate Sensors Warranty: 5yrs Generator, 3yrs Parts & 3yrs Labor Extended Warranty: 4yrs Parts & 4yrs Labor 1 Factory Freight reduced freight c/o 2nd Wind Exercise 1 COMMDEL01 Commercial Delivery & Assembly "Prices valid thru 2/25/19 Special Instructions: NET 30 Terms Treadmills require 20AMP, NEMA 110V dedicated circuit outlets Bikes are self powered - no outlets required Deliver Deliver ❑ $559.00 ❑ $2,864.51 13 ❑ $2,800.00 11 $0.00 $679.61 $1,850.00 $0.00 $679.61 $1,850.00 Item Total: $59,479.61 Tax: F $0.00 TOTAL: 1 $59,479.61 2 of 3 Standard Terms and Conditions 1. All orders must be prepaid before shipment without approved credit. 2. These prices are subject to change after 30 days from document date. 3. There will be a 1.5% monthly service charge on all overdue accounts. The buyer is also responsible for any collection and/or legal fees involved in collecting past due accounts. 4. Any changes on orders must be made within 7 days after the order is accepted. 5. If customer requires a certificate of insurance that includes a waiver of subrogation or if the additional insured is to be on a primary non- contributory basis the customer agrees to assume the additional cost. 6. Clerical errors subject to correction. All prices and agreements are contingent upon strikes, accidents, and other causes avoidable or beyond our control. 7. Buyer agrees to promptly file claim for all goods damaged in transit. 8. There will be a 15% restocking charge on merchandise ordered but not accepted. Delivery, Set -Up and Freight charges will not be refunded. 9. A Preventative Maintenance Agreement is available for all equipment. 10. Equipment lease is available with approved credit. 11. All unit prices are F.O.B. manufacturer. 12. Products purchased without commercial warranties that are placed in non-residential settings void manufacturer's warranty. All repair costs are customers responsibility. Authorized Signature: Print Name: P.O. Number: Date of Acceptance: Acceptance of Proposal: These prices, specifications and conditions are satisfactory and are hereby accepted. I am authorized to order the listed equipment with full understanding of the payment terms. ii,it,ii,.2ndwindexercise. cont ....Isn't it time you got your 2111 Wind? 3 of 3 Date: 05/07/2018 Quote #: QUO-38185-F4L9M3 Expires On: 06/06/2018 Primary Sales Contact Brian Knaup P:651-295-5601 F:651-493-3069 Brian.Knaup@matrixfitness.com Bill To: Monticello Community Center Ann Mosack 505 Walnut Street Monticello, MN 55362 US (763) 271-7124 - ann.mosack@ci.monticello.mn.us Comments: - 3 Years Parts & Labor Warranty Shipping Notes: Qty Model Number 10 T5X-08 2 C5X-06 2 R5X-06 2 U5X-06 List Price Tectal Customer Savings joammilam� j, Alternate Sales Contact Brenda Wesa P:608-839-6065 F:608-839-6066 Brenda.Wesa@johnsonfit.com Ship To: Monticello Community Center 505 Walnut Street Monticello, MN 55362 US I Description List Price Net Unit Price Ext. Price Matrix T5X-08 Treadmill $8,995.00 $5,400.00 $54,000.00 Matrix C5X-06 Climbmill $8,995.00 $6,075.00 $12,150.00 Matrix R5X-06 Recumbent Bike $3,995.00 $2,825.00 $5,650.00 Matrix U5X-06 Upright Bike $3,695.00 $2,700.00 $5,400.00 $123,320.00 Equipment Sales Price $77,200.00 FRT/ASM/DEL $5,090.38 $46.120.00 Customer Subtotal (before tax) $82,290.381 • Tax (Estimated,subject to change) $0.00 ITotal Amount Due (USD)(including tax) $82,290.38 Sign Below to accept this order and acknowledge receipt and acceptance of the JHTNA Terms and Conditions of the sale, and the JHTNA Electrical (treadmill only) & cabling (entertainment only) requirements and the JHTNA Strategic Partner Warranty PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES - FREIGHT QUOTES ARE SUBJECT TO CHANGE BASED ON INFORMATION CONTAINEDIN THE SITE SURVEY - ADDITIONAL CHARGES MAY APPLY Payments must be made payable t0: Johnson Health Tech North America Ir%,.c USPS only Johnson Health Tech NA Inc 27829: Network Place Chicago, IL 606173-1278 Fed -Ex, UPS, etc JPMorgan Chase c/o Johnson Health Tech NA Inc. LBX # 27829 131 S. Dearborn, 6th Fleur Chicago, IL 60603 Payment Terms: 100% PTS Signature: Print Name: Facility Name: Date of Acceptance: Deposit Amount: IPlease initial that you have received a full copy of the 'Terms and Conditions', and that you accept those terms. NOTWITHSTANDING ANY DIFFERENT OR ADDITIONAL TERMS THAT MAY BE CONTAINED IN PURCHASER'S PURCHASE ORDER, IF ANY, THIS ACCEPTANCE OF PURCHASER'S ORDER IS EXPRESSLY CONDITIONED UPON PURCHASER'S ASSENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN AND TO THE ATTACHED TERMS AND CONDITIONS (COLLECTIVELY, THE "AGREEMENT"). IN THE EVENT THAT ANY OF THE TERMS OR CONDITIONS SET FORTH IN THE AGREEMENT CONFLICT OR ARE INCONSISTENT WITH ANY OF THE TERMS OR CONDITIONS CONTAINED IN PURCHASER'S PURCHASE ORDER, THEN PURCHASER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT SHALL SUPERSEDE AND CONTROL THIS TRANSACTION. Johnson Fitness & Wellness JHT-NA Warehouse Elizabeth Bauer 1600 Landmark Drive Cottage Grove, WI 56327 Phone: (507) 398-7778 Customer Information: Ann Mosack — Monticello Community Center (commercial) 505 Walnut St, Monticello, MN 55362 PH: (763) 271-7124 QTY Item 10 T5x 10 EXT -Warranty -Treadmill 1 C5x 1 EXT -Warranty -Treadmill 2 I U5x 2 EXT -Warranty -Bike 3 R5x 3 EXT -Warranty -Bike 2 2 2 2 2 2 5 5 XR6000 EXT -Warranty -St d E l l i pt ZR8000-SMART EXT-Warranty-CrossTrainer LX8000 EXT-Warranty-CrossTrainer XT1 EXT-Warranty-CrossTrainer Description/Notes Treadmills Matrix Comm. Treadmill T5x - 20AMP 4yr Warranty - Comm. Treadmill Stepmill/Climbmill Matrix Commercial Climbmill C5x -15AMP 4yr Warranty - Stepmill Bikes/Seated Units Matrix Upright Bike - U5x -self power 4yr Warranty - Bike Matrix Recumbent Bike - R5x -self power 4yr Warranty - Bike Octane XR6000 Xride - std w/arms - self power 4yr Warranty - Specialty CrossTrainers/EI lipticals Octane Zero Runner w/SMART - 15 AMP 4yr Warranty - CrossTrainer Octane LateralX Trainer - self power 4yr Warranty - CrossTrainer Octane XT -ONE - self power 4yr Warranty - CrossTrainer Preventative Maintenance 16 TRIP/Mileage Trip Charge w/Mileage 423 PM -Cardio -Commercial Preventative Maintenance - 1 Cardio Unit Proposal ID: 3-006631 Date: 01/09/19 Expires: 02/09/19 Terms: Due at Shipment Discount Extended MSRP Price/Unit Total $8,995.00 $6,499.00 $64,990.00 $839.001 $839.00 $8,390.00 $8,995.00 $6,999.00 $6,999.00 $979.001 $979.00 $979.00 $3,695.00 1 $2,899.00 1 $5,798.00 $559.00 $559.00 $1,118.00 $3,995.00 $3,199.00 $9,597.00 $559.00 $559.00 $1,677.00 $5,399.00 $4,399.00 $8,798.00 $699.00 $699.00 $1,398.00 $1,098.00 $7,999.00 $15,998.00 $979.00 $979.00 $1,958.00 $7,399.00 $6,399.00 $12,798.00 $979.00 $979.00 $1,958.00 $8,099.00 $6,499.00 $32,495.00 $979.00 $979.00 $4,895.00 $189.00 $189.00 $3,024.00 $15.00 $15.00 $ 6,480.00 1 Shipping/Freight on Board I Factory to Warehouse Freight/Transport 1 I Delivery/Assembly/Install I Delivery/Assembly & Installation/Placement See notes 1 1 Credit for Trade -Ins 1 TAX ***Evaluated Once Extracted, Likely Match Of 2nd Wind Pricing ($1,925) Applicable Taxes $3,921.12 I $3,921.12 $3,921.12 $9,000.00 $6,000.00 $6,000.00 ($1,925.00) ($1,925.00) ($1,925.00) Exempt Exempt $0.00 Tota 1 $197,346.12 NOTES: *Plan for 2-3 day install, full crew, 2 trucks; assembly on site "Order Acceptance and Acknowledgement of Terms" Customer Information (fill out completely) Printed Name S ignature Date of Acceptance/Order Special Instructions/Notes: (include information about delivery and desired date if different than lead times) "Signing this form confirms your intention to place the equipment order with the pricing noted and terms identified. Changes to products/orders after time of order acceptance may alter discounts, lead time for delivery and may result in a re -stocking fee based on cost of the item. JHTNA TERMS AND CONDITIONS OF SALE 1. Acceptance and Governing Provisions. This writing constitutes an offer by Johnson Health Tech North America, Inc., a Wisconsin corporation ("JHTNA"), to sell the products and/or services described herein (collectively, the "Goods") to the purchaser to which it is addressed (the "Purchaser"), subject to the terms and conditions set forth on the face and reverse sides hereof and as set forth in the attached JHTNA Order and the attached JHTNA Electrical (Treadmill Only) & Cabling (Entertainment Only) Requirements (collectively, the "Agreement"). Acceptance of this Agreement is limited to said terms and conditions; and JHTNA hereby objects to any additional and/or different terms which may be contained in any of Purchaser's purchase order, acknowledgment or other forms, or in any other correspondence from Purchaser. In the event that any of the terms or conditions set forth in the Agreement conflict or are inconsistent with any of the terms or conditions contained in Purchaser's purchase order, acknowledgment, other forms, or in any other correspondence from Purchaser, then Purchaser expressly acknowledges and agrees that the terms and conditions set forth in the Agreement shall supersede and control this transaction. This offer expires 30 days from its date or upon JHTNA's prior written notification thereof to Purchaser, unless Goods are subsequently shipped by JHTNA and accepted by Purchaser. All contracts are subject to acceptance by JHTNA only at Cottage Grove, WI, and sales, however ordered, are understood to be fully made and consummated at Cottage Grove, WI. 2. Payment. 100% of the purchase price is due and must be received by JHTNA before shipment of the Goods, unless Purchaser has been approved for open credit. To apply for open credit, Purchaser must complete the JHTNA Credit Application and submit to accounts.recievable.,-a)iohnsonf t.^c)) Ti for review and approval, JHTNA will determine . credit based on D&B and Credit Safe Reports in addition to reference checking and review of complete Financials of Purchaser if credit reports and references are incomplete. Except as otherwise provided for herein, Purchaser shall pay the invoices in full, without deduction or set-off for any reason, in accordance with the payment terms set forth herein and in the invoices. Any amounts not received by JHTNA within 30 days of Purchaser's receipt of JHTNA's invoice shall be past due. Interest shall be payable at the rate of 18% per year (but not more than the highest rate permitted by applicable law) on all amounts past due. In the event JHTNA's invoice is not paid according to the terms herein or in the invoice, Purchaser agrees to pay all costs of collection before and after judgment, including actual attorneys' fees. If in JHTNA's sole judgment a Purchaser's financial condition at any time does not justify selling to Purchaser on open account, JHTNA may require full payment in advance before proceeding with the order. If Purchaser defaults in any payment when due, then the entire purchase price shall become immediately due and payable in full or JHTNA may at its option, without prejudice to other lawful remedies, defer delivery or cancel the order. 3. Taxes and Other Charges. Any manufacturer's tax, occupation tax, use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between JHTNA and Purchaser shall be paid by Purchaser in addition to the prices quoted or invoiced. In the event JHTNA is required to pay any such tax, fee or charge, Purchaser shall immediately reimburse JHTNA therefore upon demand by JHTNA. 4. Delivery, Claims and Force Majeure. Delivery of products to a carrier at JHTNA's facility or other loading point designated by JHTNA shall constitute delivery of title to Purchaser; and regardless of shipping terms or freight payment, all risk of loss or damage in transit shall be borne by Purchaser. JHTNA reserves the right to make delivery in installments; all such installments shall be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Purchaser of its obligations to accept remaining deliveries. Claims for shortages or other errors in delivery must be made in writing to JHTNA within 5 business days after Purchaser's receipt of shipment; and P.urchaser's failure to give such written notice to JHTNA shall constitute the unqualified acceptance of, and a waiver of all such claims by, Purchaser. Claims for loss or damage to Goods in transit shall be made to the carrier and not to JHTNA. Purchaser's request for delivery reschedules shall be subject to JHTNA's prior written approval and 30 days prior written notice. All delivery dates of JHTNA are approximate. Further, JHTNA shall not be liable for any damage, loss, liability or expense as a result of any delay or failure to deliver due to any cause beyond JHTNA's reasonable control, including, without limitation, any act of God, act of the Purchaser, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, riot, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost because of the delay. Purchaser's exclusive remedy for such delays and for JHTNA's inability to deliver for any reason shall be rescission of the affected order by Purchaser providing written notice to JHTNA of Purchaser's decision to rescind the order prior to delivery of the Goods. 5. Cancellation or Modification. Purchaser may cancel its order, reduce quantities, revise specifications or extend scheduled delivery only upon terms accepted by JHTNA in writing. In no event shall Purchaser cancel or modify its order after delivery of the Goods. Purchaser shall compensate JHTNA for all damages resulting therefrom, including, but not limited to, out-of-pocket expenses and loss of profit and allocable overhead. Minimum order quantities and quantity discounts shall be applied to approved reduced quantities and current pricing shall be applied to revised specifications and rescheduled deliveries. 6. Changes. JHTNA may at any time make such changes in design and construction of products as shall constitute an improvement in the judgment of JHTNA. JHTNA may furnish suitable substitutes for materials unobtainable or rendered economically or otherwise impractical because of priorities or regulations established by governmental authority, nonavailability or shortages of materials from suppliers or price changes. 7. Warranties. JHTNA warrants products manufactured by it and supplied hereunder to be free from defects in materials and workmanship, under normal use and service, for a time period in accordance with JHTNA's published warranty for the product then in effect at the time the order is placed. If within the applicable warranty period any such product shall be proved to JHTNA's satisfaction to be nonconforming due to a manufacturer's defect in materials or workmanship, such product shall be repaired or replaced at JHTNA's option. Such repair or replacement shall be JHTNA's sole obligation and Purchaser's exclusive remedy hereunder and shall be conditioned upon JHTNA's receiving written notice of any alleged defect within 10 days after its discovery and, at JHTNA's option, return of such product(s) to JHTNA, FOB JHTNA's designated location. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED; AND JHTNA EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Any description of the products, whether in writing or made orally by JHTNA or JHTNA's agents, specifications, samples, models, bulletins, drawings, diagrams, engineering sheets or similar materials used in connection with Purchaser's order are for the sole purpose of identifying the products and shall not be construed as an express warranty. Any suggestions by JHTNA or JHTNA's agents regarding use, application or suitability of the products shall not be construed as an express warranty. 8. Returns. Products may be returned to JHTNA only when JHTNA's written permission shall be obtained by Purchaser in advance and upon JHTNA's issuance of an RMA number. Returned products must be fully insured by Purchaser up to the purchase price and securely packaged to reach JHTNA without damage, and any cost incurred by JHTNA to put products into marketable condition will be charged to Purchaser. 9. Patents, Trademarks and Copyrights. JHTNA will, at its own expense, defend any suits that may be instituted by anyone against Purchaser for alleged infringement of any United States patent, trademark or copyright relating to any products manufactured and furnished by JHTNA hereunder, if such alleged infringement consists of the use of such products, or parts thereof, in Purchaser's business for any of the purposes for which the same were sold by JHTNA, and provided Purchaser shall have made all payments then due hereunder and shall give JHTNA immediate notice in writing of any such suit and transmit to JHTNA immediately upon receipt all processes and papers served upon Purchaser and permit JHTNA through its counsel, either in the name of Purchaser or in the name of JHTNA, to defend the same and give all needed information, assistance and authority to enable JHTNA to do so. If such products are in such suit held in and of themselves to infringe any valid United States patent, trademark or copyright, then: (a) JHTNA will pay any final award of damages in such suit attributable to such infringement, and (b) if in such suit use of such products by Purchaser is permanently enjoined by reason of such infringement, JHTNA shall, at its own expense and at its sole option, either (i) procure for Purchaser the right to continue using the products, (ii) modify the products to render them noninfringing, (iii) replace the products with noninfringing goods, or (iv) refund the purchase price and the transportation costs paid by Purchaser for the products. Notwithstanding the foregoing, JHTNA shall not be responsible for any compromise or settlement made without its written consent, or for infringements of combination or process patents covering the use of the products in combination with other goods or materials not furnished by JHTNA. The foregoing states the entire liability of JHTNA for infringement, and in no event shall JHTNA be liable for consequential damages attributable to an infringement. As to any products furnished by JHTNA to Purchaser manufactured in accordance with drawings, designs or specifications proposed or furnished by Purchaser or any claim of contributory infringement resulting from the use or resale by Purchaser of products sold hereunder, JHTNA shall not be liable, and Purchaser shall indemnify and defend JHTNA against any damages, liability or expenses arising out of any claim made against JHTNA for any and all patent, trademark or copyright infringements. 10. Consequential Damages and Other Liability; Indemnity. JHTNA's liability hereunder and with respect to the Goods sold hereunder shall be limited to the warranty referred to in section 7 hereof, and, with respect to other performance of this Agreement, shall in no event exceed the total of the amounts paid to JHTNA by Purchaser. JHTNA SHALL IN NO EVENT BE LIABLE TO PURCHASER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF JHTNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH OF THIS AGREEMENT, NOR SHALL JHTNA BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY JHTNA, OR ANY UNDERTAKINGS, ACTS, OR OMISSIONS HEREUNDER OR RELATING THERETO. Without limiting the generality of the foregoing, JHTNA specifically disclaims any liability for property or personal injury damages, including without limitation, death or disability, penalties, special or punitive damages, damages for lost profits or revenues, loss of use of products or any associated equipment, cost of capital, cost of substitute products, facilities or services, downtime, shutdown or slowdown costs, or for any other types of economic loss, and for claims of Purchaser's customers or any third party for any such damages. Purchaser shall indemnify JHTNA against any and all losses, liabilities, damages and expenses (including, without limitation, attorneys' fees and other costs of defending any action) which JHTNA may incur as a result of any claim by Purchaser or others arising out of or in connection with the Goods sold hereunder and based on product or service defects not proven to have been caused solely by JHTNA's negligence. 11. Security Agreement. This Agreement constitutes a Security Agreement between Purchaser, as Debtor, and JHTNA, as Secured Party, pursuant to Article 9 of the Uniform Commercial Code ("UCC"). Purchaser hereby grants to JHTNA a security interest, including without limitation, a first priority, purchase -money security interest, in and to all of the Goods manufactured, sold or provided by or on behalf of JHTNA to Purchaser pursuant to this Agreement, including without limitation, all fitness equipment, exercise equipment, replacement parts, accessories, and supplies (collectively, the "Equipment"), wherever located and whenever acquired, and further including without limitation, all proceeds thereof, including without limitation, all insurance proceeds and other proceeds thereof (collectively, the "Proceeds"), as security for Purchaser's obligation to pay for the Equipment and Purchaser's other obligations under this Agreement. Purchaser further authorizes JHTNA to file any UCC financing statements and amendments thereto or other instruments and to do all things deemed by JHTNA in its sole discretion necessary to attach and perfect JHTNA'S security interest in the Equipment and the Proceeds thereof under this Agreement. Upon the occurrence of an event of default by Purchaser, including without limitation, a payment default under this Agreement, then JHTNA may, without notice or demand, exercise in any jurisdiction in which enforcement is sought, all of its rights and remedies under this Agreement, all rights and remedies of a secured party under the UCC, and all other rights and remedies available to JHTNA under applicable law, with all such rights and remedies cumulative and enforceable alternatively, successively or concurrently, including without limitation: (a) declaring all amounts due JHTNA by Purchaser to be immediately due and payable in full and the same shall thereon become immediately due and payable in full without demand, presentment, protest, or further notice of any kind, all of which are hereby expressly waived by Purchaser; and (b) taking possession of the Equipment, and for that purpose, entering upon any premises on which the Equipment or any part thereof may be situated and removing the same therefrom without any liability for suit, action, or other proceeding, Purchaser hereby waiving any and all rights to prior notice and to judicial hearing with respect to repossession of collateral, and/or requiring Purchaser, at Purchaser's expense, to assemble and deliver the Equipment to JHTNA or to such place or places as JHTNA may designate. 12. Landlord's Liens. If Purchaser leases any real property upon which the Goods sold hereunder are to be located and applicable law provides for landlord's liens to secure rent obligations, then Purchaser shall notify, and obtain a written lien waiver from, each respective landlord for such locations and provide a copy of each written lien waiver to JHTNA and confirm that the Goods sold hereunder are not subject to any such lien of such landlord(s). 13. Technical Information. Any sketches, models or samples submitted by JHTNA shall remain the property of JHTNA, and shall be treated as confidential information. No use or disclosure of such sketches, models and samples, or any design or production techniques revealed thereby, shall be made without the express prior written consent of JHTNA. 14. Spacing Behind Treadmills. Per industry safety standards (ASTM F2115 and EN ISO 20957-6), JHTNA hereby notifies Purchaser of the need to locate treadmills with a 2 meter long clear zone in the floor space behind each treadmill. The clear zone shall be at least the width of the treadmill and a minimum of 2 meters (6' 7") past the back end of the treadmill. There shall be no walls, no windows, no steps, and no other equipment placed within this clear zone. This clear zone is intended to ensure that if any user of a treadmill were ever to fall off the back of the treadmill, there will be an open and clear space behind the user so that injury may be minimized or avoided. Purchaser's failure to comply with this standard could result in injury to a treadmill user and potential liability to Purchaser. Although JHTNA is hereby expressly giving Purchaser notice of this requirement, only the Purchaser can ensure that Purchaser complies with this requirement and it is Purchaser's sole responsibility to do so. By purchasing exercise equipment from JHTNA, Purchaser accepts its responsibility to comply with this treadmill spacing requirement and all standards applicable to treadmill spacing and agrees to release JHTNA and its affiliated companies, including Johnson Health Tech Co., Ltd, and all of their officers, shareholders, employees, insurers and representatives (collectively, "the JHTNA Parties") from, and indemnify the JHTNA Parties from and against, any and all suits, claims, actions, legal proceedings, demands, losses, damages, costs and expenses, including attorneys' fees, resulting from claims for bodily injury or property damage arising out of or in any way relating to inadequate treadmill spacing, inadequate clear zones utilized behind treadmills or the failure by Purchaser to comply with industry safety standards concerning treadmill spacing. 15. Purchaser's Property. Any property of the Purchaser placed in JHTNA's custody for performance of this Agreement is not covered by insurance, and no risk is assumed by JHTNA in the event of loss or damage to such property by fire, water, burglary, theft, civil disorder or any accident beyond the reasonable control of JHTNA. 16, Governing Law and Choice of Forum. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without application of principles of conflicts of laws. With respect to any dispute, controversy or claim arising out of or relating to this Agreement, JHTNA and Purchaser agree and consent to personal jurisdiction in Wisconsin and agree that the Circuit Court of Dane County, Wisconsin and the United States District Court for the Western District of Wisconsin shall be the exclusive forums for the resolution of any such disputes, controversies or claims. 17. Remedies Cumulative. Any of JHTNA's remedies referred to herein shall be cumulative and in addition to such other rights and remedies as may be available under law or equity. 18. Confidentiality. Purchaser will keep all of the terms and conditions of this Agreement confidential and Purchaser will neither disclose the existence of this Agreement nor the terms of this Agreement to any third party except to those employees of Purchaser who need to know such terms for the purpose of effecting the transaction. 19. Entire Agreement. This Agreement, including JHTNA's Order and JHTNA's Electrical (Treadmill Only) & Cabling (Entertainment Only) Requirement which are incorporated herein by reference, constitutes the entire, full and complete agreement between JHTNA and Purchaser with respect to the subject matter hereof. This Agreement may not be modified except by a writing evidencing such modification which is signed by both JHTNA and Purchaser. • LED console display offers intuitive operation • WiFi connectivity accommodates optional Matrix Asset Management system and Workout Tracking Network • Compatible with xID single -point user sign -in for a seamless • Sprint 8 High Intensity Interval Training program personal experience • RFID compatible to provide touch -free login • USB port offers charging for most smartphones and tablets • Integrated 3 -speed personal fan • Crossbar speed and incline controls make adjustments quick and easy • Ultimate Deck System for superior performance and durability • 56 cm / 22" wide belt offers sense of security and freedom on hard runs • Matrix 5.0 Hp AC motor with Dynamic Response Drive System fine-tunes response based on footfall pattern for a smooth, consistent, natural workout Display Type Dot-matrix LED with profile display Display Feedback Clock, Time Elapsed, Time Remaining, Total Program Time, Distance (Kilometers or Miles), Calories, Speed, Incline, Pace, Average Pace, Heart Rate, METs, Watts, Workout Profile Secondary Data Display No User -defined Multi -language Display English, German, French, Italian, Spanish, Dutch, Portuguese, Japanese, Swedish, Finnish, Turkish, Polish, Russian, Danish Workouts Manual, Rolling Hills, Fat Bum, Sprint 8, 5k, Target HR, Gerkin Protocol, Army PFT, Navy PRT, Marine PFT, Air Force PRT, Physical Efficiency Battery (PES), WFI Protocol CSAFE Ready-FtLinxxT' Certified Yes IPTV Compatible No Pro:ldiom Compatible Optional - add-on TV FitTouch'm Te chnology No One -button Start Yes On -the -fly Program Change Yes Integrated Vista ClearTm Television Technology No FITCONNEXIONTm Ready Yes WiF Enabled Optional Bluetooth Enabled No iPod® / iPhone® / iPad® Compatible Charging only Multimedia Playback No Personal Fan Yes Personal Trainer Portal Compatible No USB Port Yes Virtual Active's Compatible No Asset Management Compatible Yes WorRout Tracking Network Compatible Yes Web Connectivity No Facility Communication Portal/Calendar No RFID Compatible Yes Pause Function Yes Reading Rack No Drive System Matrix 5.0 hp AC Dynamic Response Drive System Deck Type Ultimate hard -wax reversible 1" deck Be It Type Habasit, 2 -ply commercial grade Running Area 152 x 56 cm / 60" x 22" Step -on Height 24 cm / 9.5" Cushion System Ultimate Deck"' cushioning system Incline Range 0-15% (590 -kg 1,300 -lb. thrust elevation motor) Speed Range 0.8 - 24.1 km/h i 0.5 - 15 mph Contact & Telemetric HR Yes Crossbar Controls Go, stop, cool down, speed and incline control Tread Sense Yes Speed Rating 24.1 km/h / 15 mph rating good for users up to 159 kg 350 lbs. Power Requirements 20 -amp dedicated circuit required, non -looped grounded Electrical Receptacle & Plug NEMA 5-20R 120v Assembled Dimensions 215 x 93 x 161 cm / 84.6" x 36.5" x 63.5" Max User Weight 182 kg 400 lbs. Assembled Weight 179 kg 1 394 lbs. Shipping Weight 197 kg 433 lbs. 0 d) " W T, P 0 erg 1 47— > cz 0 0 CIO 00 as 0 • LED console display offers intuitive operation • • WiFi connectivity accommodates optional Matrix Asset • Management system and Workout Tracking Network • Compatible with xID single -point user sign -in for a seamless • personal experience • • Sprint 8 High Intensity Interval Training program • • RFID compatible to provide touch -free login • USB port offers charging for most smartphones and tablets Integrated 3 -speed personal fan Ergo Form seat and back pad enhance comfort and support Intuitive one -hand adjustment fine-tunes seat position Step-thru entry for easy access Self -powered system provides cost -savings and freedom of placement within facility Display Type Dot-matrix LED with profile display Display Feedback Time of Day, Time Elapsed, Time Remaining, Total Program Time, Distance (Kilometers or Miles), Calories, Level, Speed, RPM, Heart Rate, METs, Watts, Workout Profile Secondary Data Display No User -defined Multi -language Display English, German, French, Italian, Spanish, Dutch, Portuguese, Japanese, Swedish, Finnish, Turkish, Polish, Russian, Danish Resistance Range 1.25 Workouts Manual, Rolling Hills, Target HR, Interval Training, Constant Watts, Fat Burn, Fitness Test, Sprint 8 CSAFE Ready-HtLinxx'' Yes IPTV Compatible No Pro:ldiom Compatible Optional - add-on TV FitTouch TM No Instant On Technology Yes One -button Start Yes On -the -fly Program Change Yes Integrated Vista ClearT" Television Technology No FITCON'N'EXIONT" Ready Yes WiFi Enabled Optional Bluetooth Enabled No iPod Charging only Multimedia Playback No Personal Fan Yes Personal Trainer Portal Compatible No USE; Port Yes Virtual Active TM No Asset Management Compatible Yes Workout Tracking Network Compatible Yes Web Connectivity No Facility Communication Portal/Calendar No RFID Compatible Yes Pause Function Yes Reading Rack No Contact & Telemetric HR Yes Handlebar Design Seat side / Front ergo bend Integrated Arm Rests No Remote Buttons Yes Bottle Holder Yes Resistance System Brushless generator Crank Design Three piece with forged arms Power Requirements Self -powered / powered 100v -240v - 50/60Hz AC Minimum Watts 4 powered / 7 self -powered Minimum RPM 25 powered / 25 self -powered Assembled Dimensions 150.3 x 65.4 x 140 / 59.2" x 25.7" x 55.1" Max User Weight 182 kg / 400 lbs. Assembled Weight 88.6 kg / 195.3 lbs. Shipping Weight 100.3 kg / 221 lbs. U5x Upright Cycle o • LED console display offers intuitive operation • 3 -speed personal fan • WiFi connectivity accommodates optional Matrix Asset • Intuitive one -hand adjustment fine-tunes seat position Management system and Workout Tracking Network • Race -inspired handles provide a comfortable ride experience • Compatible with xID single -point user sign -in for a seamless • Step-thru entry for easy access personal experience • Sprint 8 High Intensity Interval Training program • Self -powered system provides cost -savings and freedom of placement within facility • RFID compatible to provide touch -free login • USB port offers charging for most smartphones and tablets Display Type Dot-matrix LED with profile display Display Feedback Time of Day, Time Elapsed, Time Remaining, Total Program Time, Distance (Kilometers or Miles), Calories, Level, Speed, RPM, Heart Rate, METs, Watts, Workout Profile Secondary Data Display No User -defined Multi -language Display English, German, French, Italian, Spanish, Dutch, Portuguese, Japanese, Swedish, Finnish, Turkish, Polish, Russian, Danish Resistance Range 1-25 Intervalo de resistencia 1-30 Workouts Manual, Rolling Hills, Target HR, Interval Training, Constant Watts, Fat Burn, Fitness Test, Sprint 8 CSAFE Ready-FitLinxx'" Yes IPTV Compatible No Pro:ldiom Compatible Optional - add-on TV FitTo uch '" No Instant On Technology Yes One -button Start Yes On -the -fly Program Change Yes Integrated Vista Clear'" Television Technology No FITCONNEXION'" Ready Yes WiFi Enabled Optional Bluetooth Enabled No iPod Charging only Multimedia Playback No Personal Fan Yes Personal Trainer Portal Compatible No USB Port Ye s Virtual Active'" No Asset Management Compatible Yes Workout Tracking Network Compatible Yes Web Connectivity No Facility Communication Portal/Calendar No RFID Compatible Yes Pause Function Yes Reading Rack No Contact & Telemetric HR Handlebar Design Integrated Arm Rests Remote Buttons Bottle Holder Resistance System Crank Design Ye s Molded racing design with elbow support Ye s Yes Ye s Brushless generator Three piece with forged arms Power Requirements Self -powered / powered 100v -240v - 50/60Hz AC Minimum Watts 4 powered / 7 self -powered Minimum RPM 25 powered / 25 self -powered Assembled Dimensions 130.7 x 65.4 x 153.7 151,5'* x 25.7" x 60.5" Max User Weight 182 kg / 400 lbs. Assembled Weight 87.4 kg / 192.6 lbs. Shipping Weight 99.8 kg / 220 lbs. City Council Agenda: 2/11/2019 2M. Consideration of avvrovin2 a fire station construction contract with Kue Construction Inc. (JO) A. REFERENCE AND BACKGROUND: As you recall, at the previous meeting the city accepted fire station construction bids and awarded the contract to Kue Contractors Inc out of Watkins, MN. Subsequently, the Architect working with the City Attorney have completed their review of the contract document which is presented to you for formal adoption. The document is basically the standard AIA short form contract which according to the City Attorney is acceptable as drafted. Al. Budget Impact: NA A2. Staff Workload Impact: NA B. ALTERNATIVE ACTIONS: 1. Motion to adopt adoption the Contract with Kue Contractors Inc as presented. 2. Motion to deny 3. Other C. STAFF RECOMMENDATION: City staff recommends Alternative #1. D. SUPPORTING DATA: • Fire Station Construction Contract Document 1 teIN,711i l' AIA Document A1 04 - 2017 Standard Abbreviated Form of Agreement Between Owner and Contractor AGREEMENT made as of the Thirtieth day of January in the year 2019 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Monticello 505 Walnut Street Monticello, MN, 55362 Telephone Number: 763-295-2711 and the Contractor: (Name, legal status, address and other information) Kue Contractors, Inc 130 Central Avenue South, P.O. Box 408 Watkins, MN 55389 for the following Project: (Name, location and detailed description) Monticello Fire Station 101 Chelsea Road Monticello, Minnesota, 55362 Construction of the new 22,720 Sq. Ft. precast concrete structure is to include: sitework, concrete footings, foundations & floor slabs, precast wall panels, precast hollow -core planks, precast concrete roof framing, interior partitions, floor coverings, ceilings, doors, aluminum storefront windows & doors, HVAC, plumbing, electrical and other required construction for the City of Monticello Fire Station building in Monticello, MN as indicated in the Construction Documents. The Architect: (Name, legal status, address and other information) Brunton Architects & Engineers, 225 Belgrade Avenue North Mankato, MN 56003 Telephone Number: 507-386-7996 Fax Number: 507-386-7992 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A104TM — 2017 (formerly A107TM —2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The Inst. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERAL PROVISIONS 8 OWNER 9 CONTRACTOR 10 ARCHITECT 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE AND BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT 21 CLAIMS AND DISPUTES EXHIBIT A DETERMINATION OF THE COST OF THE WORK ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ X ] The date of this Agreement. Init. AIA Document All 04T"' — 2017 (formerly All 07T" —2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S, Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) [ ] A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 2.2 The Contract Time shall be measured from the date of commencement. § 2.3 Substantial Completion § 2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check the appropriate box and complete the necessary information.) ( ] Not later than ( ) calendar days from the date of commencement of the Work. [ X ] By the following date: 02/01/2020 § 2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 2.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 2.3, liquidated damages, if any, shall be assessed as set forth in Section 3.5. ARTICLE 3 CONTRACT SUM § 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [ X ] Stipulated Sum, in accordance with Section 3.2 below [ ] Cost of the Work plus the Contractor's Fee, in accordance with Section 3.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 3.4 below (Based on the selection above, complete Section 3.2, 3.3 or 3.4 below.) § 3.2 The Stipulated Sum shall be Four million, forty-one thousand six hundred eighteen dollars & no cents ($ $4,041,618.00 ), subject to additions and deductions as provided in the Contract Documents. § 3.2.1 The Stipulated Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) DEDUCT ALTERNATE #01 — Delete the generator for the sum of $70,000. § 3.2.2 Unit prices, if any: AIA Document A104 TM — 2017 (formerly Al07TM —2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) (Identify the item and state the unit price and the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 3.2.3 Allowances, if any, included in the stipulated sum: (Identify each allowance.) Item Price 1. LED Lighting & Controls Upgrade $12,000 2. EXTERIOR LOGO & LETTER SIGNS, INTERIOR LOGO SIGN $30,000 § 3.3 Cost of the Work Plus Contractor's Fee § 3.3.1 The Cost of the Work is as defined in Exhibit A, Determination of the Cost of the Work. § 3.3.2 The Contractor's Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee and the method of adjustment to the Fee for changes in the Work.) § 3.4 Cost of the Work Plus Contractor's Fee With a Guaranteed Maximum Price - NIA § 3.4.1 § 3.4.2 The Contractor's Fee: Stipulated Sum (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee and the method of adjustment to the Fee for changes in the Work.) § 3.4.3 Guaranteed Maximum Price § 3.4.3.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed N/A ($ N/A ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. This maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert specific provisions if the Contractor is to participate in any savings.) § 3.4.3.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 3.4.3.3 Unit Prices, if any: (Idents the item and state the unit price and the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) Init. AIA Document A104111-2017 (formerly A1071m — 2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) § 3.4.3.4 Allowances, if any, included in the Guaranteed Maximum Price: (Identify each allowance.) Item Price § 3.4.3.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: § 3.4.3.6 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 3.4.3.7 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions contained in Section 3.4.3.5. The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions contained in Section 3.4.3.5 and the revised Contract Documents. § 3.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) If the Contractor fails to achieve Substantial Completion by the date stated in the Agreement, liquidated damages in the amount of $300.00 per calendar day shall be charged to the Contractor for each day past the Substantial Completion date until the project is completed. ARTICLE 4 PAYMENT § 4.1 Progress Payments § 4.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 4.1.3 Provided that an Application for Payment is received by the Architect not later than the fifth day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Thirtieth day of the same month. If an Application for Payment is received by the Architect after the date fixed above, payment shall be made by the Owner not later than Thirty (30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 4.1.4 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold retainage from the payment otherwise due as follows: (Insert a percentage or amount to be withheld as retainage from each Application for Payment and any terms for reduction of retainage during the course of the Work. The amount of retainage may be limited by governing law.) Five percent § 4.1.5 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) AIA Document A104 T14 — 2017 (formerly A107 TM —2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) 1.5 % monthly § 4.2 Final Payment § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 18.2, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, where payment is on the basis of the Cost of the Work with or without a Guaranteed Maximum Price; and .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 15.7.1. § 4.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 5 DISPUTE RESOLUTION § 5.1 Binding Dispute Resolution For any claim subject to, but not resolved by, mediation pursuant to Section 21.5, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ ] Arbitration pursuant to Section 21.6 of this Agreement [ ] Litigation in a court of competent jurisdiction [ X ] Other (Specify) Arbitration for all disputes involving an amount in controversy of $50,000 or less, or unless, the parties mutually agree to arbitration for any disputes involving an amount in controversy of greater than $50,000. All other disputes shall be resolved through litigation in Faribault County District Court. If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, claims will be resolved in a court of competent jurisdiction. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS § 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 6.1.1 The Agreement is this executed AIA Document A104Tm-2017, Standard Abbreviated Form of Agreement Between Owner and Contractor. § 6.1.2 AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) § 6.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages § 6.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Init. AIA Document All 04 TM — 2017 (formerly A107 TM —2007). Copyright© 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) Refer to Exhibit A Section Title Date § 6.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Refer to Exhibit A Number Title Date § 6.1.6 The Addenda, if any: Number Date Pages Addendum #1 01/08/2019 28 Addendum #2 01/15/2019 28 Addendum #3 01/17/2019 11 Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are enumerated in this Article 6. § 6.1.7 Additional documents, if any, forming part of the Contract Documents: .1 Other Exhibits: (Check all boxes that apply.) [ ] Exhibit A, Determination of the Cost of the Work. [ ] AIA Document E204Tm-2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ] The Sustainability Plan: Title Date [ ] Supplementary and other Conditions of the Contract: Document Title Pages Date Pages .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents.) ARTICLE 7 GENERAL PROVISIONS § 7.1 The Contract Documents The Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. The AIA Document A104 TM — 2017 (formerly A107 TM — 2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) %I intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 7.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. § 7.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 7.4 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 7.5 Ownership and use of Drawings, Specifications and Other Instruments of Service § 7.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 7.5.2 The Contractor, Subcontractors, Sub -subcontractors and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to the protocols established pursuant to Sections 7.6 and 7.7, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. § 7.6 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 7.7 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202Tm -2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. § 7.8 Severability The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and Init. AIA Document A104TM - 2017 (formerly A107 T11 - 2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on ()1/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Contract. § 7.9 Notice § 7.9.1 Except as otherwise provided in Section 7.9.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission in accordance with AIA Document E203Tm-2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203-2013, insert requirements for delivering Notice in electronic format such as name, title and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) § 7.9.2 Notice of Claims shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 7.10 Relationship of the Parties Where the Contract is based on the Cost of the Work plus the Contractor's Fee, with or without a Guaranteed Maximum Price, the Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor's skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of the Contract Documents. ARTICLE 8 OWNER § 8.1 Information and Services Required of the Owner § 8.1.1 Prior to commencement of the Work, at the written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 8.1.1, the Contract Time shall be extended appropriately. § 8.1.2 The Owner shall furnish all necessary surveys and a legal description of the site. § 8.1.3 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 8.1.4 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 9.6.1, the Owner shall secure and pay for other necessary approvals, easements, assessments, and charges required for the construction, use, or occupancy of permanent structures or for permanent changes in existing facilities. § 8.2 Owner's Right to Stop the Work If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or repeatedly fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. § 8.3 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or AIA Document All 04 TM - 2017 (formerly All 07 TM -2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 9 Unauthorized reproduction or distribution of this AIA® Document. or any portion of it, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) neglect with diligence and promptness, the Owner may, without prejudice to any other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 15.4.3, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including the Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect, or failure. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 21. ARTICLE 9 CONTRACTOR § 9.1 Review of Contract Documents and Field Conditions by Contractor § 9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 9.1.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 8.1.2, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies, or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. § 9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 9.2 Supervision and Construction Procedures § 9.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. § 9.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. § 9.3 Labor and Materials § 9.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 9.3.3 The Contractor may make a substitution only with the consent of the Owner, after evaluation by the Architect and in accordance with a Modification. § 9.4 Warranty The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for Init. AIA Document A104111-2017 (formerly A1071m — 2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 10 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. All other warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 15.6.3. § 9.5 Taxes The Contractor shall pay sales, consumer, use, and other similar taxes that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 9.6 Permits, Fees, Notices, and Compliance with Laws § 9.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 9.6.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 9.7 Allowances The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. The Owner shall select materials and equipment under allowances with reasonable promptness. Allowance amounts shall include the costs to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts. Contractor's costs for unloading and handling at the site, labor, installation, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowance. § 9.8 Contractor's Construction Schedules § 9.8.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner and Architect. § 9.9 Submittals § 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Architect Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents in coordination with the Contractor's construction schedule and in such sequence as to allow the Architect reasonable time for review. By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (l) reviewed and approved them; (2) determined and verified materials, field measurements, and field construction criteria related thereto, or will do so; and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. The Work shall be in accordance with approved submittals. § 9.9.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. § 9.9.3 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents or unless the Contractor needs to provide such services in order to carry out the Contractor's own responsibilities. If professional design services or certifications by a design professional are specifically required, the Owner and the Architect will specify the performance and design criteria that such services must satisfy. The Contractor shall cause such services or AIA Document A104TM — 2017 (formerly All 07 TM —2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be 1 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) certifications to be provided by an appropriately licensed design professional. If no criteria are specified, the design shall comply with applicable codes and ordinances. Each Party shall be entitled to rely upon the information provided by the other Party. The Architect will review and approve or take other appropriate action on submittals for the limited purpose of checking for conformance with information provided and the design concept expressed in the Contract Documents. The Architect's review of Shop Drawings, Product Data, Samples, and similar submittals shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. In performing such review, the Architect will approve, or take other appropriate action upon, the Contractor's Shop Drawings, Product Data, Samples, and similar submittals. § 9.10 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 9.11 Cutting and Patching The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. § 9.12 Cleaning Up The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus material from and about the Project. § 9.13 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 9.14 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 9.15 Indemnification § 9.15.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 9.15.1. § 9.15.2 In claims against any person or entity indemnified under this Section 9.15 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 ARCHITECT § 10.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction, until the date the Architect issues the final Certificate for Payment. The Mit. AIA Document A104TM — 2017 (formerly All 07T" — 2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. ,� 2 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. § 10.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 10.3 The Architect will visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 10.4 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 10.5 Based on the Architect's evaluations of the Work and of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 10.6 The Architect has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work. § 10.7 The Architect will review and approve or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 10.8 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes, and other matters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions rendered in good faith. § 10.9 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. ARTICLE 11 SUBCONTRACTORS § 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. § 11.2 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the Subcontractors or suppliers proposed for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor or supplier to whom the Owner or Architect has made reasonable written objection within ten days after receipt of the Contractor's list of Subcontractors and suppliers. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. AIA Document A104TM — 2017 (formerly A107TM —2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The (nit. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 13 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) § 11.3 Contracts between the Contractor and Subcontractors shall (l) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Contract Documents, has against the Owner. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 12.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 12.2 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. § 12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a Separate Contractor because of delays, improperly timed activities, or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work, or defective construction of a Separate Contractor. ARTICLE 13 CHANGES IN THE WORK § 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor, and Architect, or by written Construction Change Directive signed by the Owner and Architect. Upon issuance of the Change Order or Construction Change Directive, the Contractor shall proceed promptly with such changes in the Work, unless otherwise provided in the Change Order or Construction Change Directive. § 13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner and Architect, by the Contractor's cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. Pending final determination of the total cost of a Construction Change Directive, the Contractor may request payment for Work completed pursuant to the Construction Change Directive. The Architect will make an interim determination of the amount of payment due for purposes of certifying the Contractor's monthly Application for Payment. When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Architect will prepare a Change Order. § 13.3 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. § 13.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice to the Owner and Architect promptly and before conditions are disturbed. ARTICLE 14 TIME § 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing this Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. Init. AIA Document A104TM - 2017 (formerly All 07 TM - 2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 14 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be I prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. (1146509394) User Notes: § 14.2 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 14.3 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.6.3. § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) changes ordered in the Work; (2) by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Contractor's control; or (3) by other causes that the Contractor asserts, and the Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect may determine, subject to the provisions of Article 21. ARTICLE 15 PAYMENTS AND COMPLETION § 15.1 Schedule of Values § 15.1.1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum Price pursuant to Section 3.2 or 3.4, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Stipulated Sum or Guaranteed Maximum Price to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy required by the Architect. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 15.1.2 The allocation of the Stipulated Sum or Guaranteed Maximum Price under this Section 15.1 shall not constitute a separate stipulated sum or guaranteed maximum price for each individual line item in the schedule of values. § 15.2 Control Estimate § 15.2.1 Where the Contract Sum is the Cost of the Work, plus the Contractor's Fee without a Guaranteed Maximum Price pursuant to Section 3.3, the Contractor shall prepare and submit to the Owner a Control Estimate within 14 days of executing this Agreement. The Control Estimate shall include the estimated Cost of the Work plus the Contractor's Fee. § 15.2.2 The Control Estimate shall include: .1 the documents enumerated in Article 6, including all Modifications thereto; .2 a list of the assumptions made by the Contractor in the preparation of the Control Estimate to supplement the information provided by the Owner and contained in the Contract Documents; .3 a statement of the estimated Cost of the Work organized by trade categories or systems and the Contractor's Fee; .4 a project schedule upon which the Control Estimate is based, indicating proposed Subcontractors, activity sequences and durations, milestone dates for receipt and approval of pertinent information, schedule of shop drawings and samples, procurement and delivery of materials or equipment the Owner's occupancy requirements, and the date of Substantial Completion; and .5 a list of any contingency amounts included in the Control Estimate for further development of design and construction. § 15.2.3 When the Control Estimate is acceptable to the Owner and Architect, the Owner shall acknowledge it in writing. The Owner's acceptance of the Control Estimate does not imply that the Control Estimate constitutes a Guaranteed Maximum Price. § 15.2.4 The Contractor shall develop and implement a detailed system of cost control that will provide the Owner and Architect with timely information as to the anticipated total Cost of the Work. The cost control system shall compare the Control Estimate with the actual cost for activities in progress and estimates for uncompleted tasks and proposed changes. This information shall be reported to the Owner, in writing, no later than the Contractor's first Application for Payment and shall be revised and submitted with each Application for Payment. AIA Document A104TM — 2017 (formerly A107TM — 2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 15 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) § 15.2.5 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions contained in the Control Estimate. The Owner shall promptly furnish such revised Contract Documents to the Contractor. The Contractor shall notify the Owner and Architect of any inconsistencies between the Control Estimate and the revised Contract Documents. § 15.3 Applications for Payment § 15.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 15.1, for completed portions of the Work. The application shall be notarized, if required; be supported by all data substantiating the Contractor's right to payment that the Owner or Architect require; shall reflect retainage if provided for in the Contract Documents; and include any revised cost control information required by Section 15.2.4. Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 15.3.2 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed progress payments already received by the Contractor plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Contractor's Fee. § 15.3.3 Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing. § 15.3.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. § 15.4 Certificates for Payment § 15.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner of the Architect's reasons for withholding certification in whole or in part as provided in Section 15.4.3. § 15.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of the Work and the data in the Application for Payment, that, to the best of the Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 15.4.3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 15.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 15.4.1. If the Contractor and the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to Init. AIA Document A104111-2017 (formerly A107 TM —2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 16 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of .1 defective Work not remedied; .2 third -party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 15.4.4 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 15.4.3, in whole or in part, that party may submit a Claim in accordance with Article 21. § 15.5 Progress Payments § 15.5.1 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub -subcontractors in a similar manner. § 15.5.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor or supplier except as may otherwise be required by law. § 15.5.3 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 15.5.4 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney's fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 15.6 Substantial Completion § 15.6.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 15.6.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 15.6.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. When the Architect determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. AIA Document A104TM^ — 2017 (formerly A107TM — 2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 17 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) § 15.6.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 15.7 Final Completion and Final Payment § 15.7.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions stated in Section 15.7.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 15.7.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees. § 15.7.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 15.7.4 Acceptance of final payment by the Contractor, a Subcontractor or supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of the final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY § 16.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation, or replacement in the course of construction. The Contractor shall comply with, and give notices required by, applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury, or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 16.1.2 and 16.1.3. The Contractor may make a claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 9.15. § 16.2 Hazardous Materials and Substances § 16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Init. AIA Document All 04TM — 2017 (formerly A107TM —2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 18 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown, delay, and start-up. § 16.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in Section 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 16.2.3 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ARTICLE 17 INSURANCE AND BONDS § 17.1 Contractor's Insurance § 17.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in this Section 17.1 or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the insurance required by this Agreement from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Contractor shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 18.4, unless a different duration is stated below: § 17.1.2 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than One Million dollars ($ 1,000,000 ) each occurrence, Two Million dollars ($ 2,000,000 ) general aggregate, and Two Million dollars ($ 2,000,000 ) aggregate for products -completed operations hazard, providing coverage for claims including .1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; .2 personal and advertising injury; .3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations; and .5 the Contractor's indemnity obligations under Section 9.15. § 17.1.3 Automobile Liability covering vehicles owned by the Contractor and non -owned vehicles used by the Contractor, with policy limits of not less than One Million dollars ($ 1,000,000 ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of those motor vehicles along with any other statutorily required automobile coverage. § 17.1.4 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as those required under Section 17.1.2 and 17.1.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 17.1.5 Workers' Compensation at statutory limits. AIA Document A104 TM — 2017 (formerly A107TM — 2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 19 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) § 17.1.6 Employers' Liability with policy limits not less than Five Hundred Thousand dollars ($ 500,000 ) each accident, Five Hundred Thousand dollars ($ 500,000 ) each employee, and One Million dollars ($ 1,000,000 ) policy limit. § 17.1.7 If the Contractor is required to furnish professional services as part of the Work, the Contractor shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than One Million Dollars ($ 1,000,000 ) per claim and One Million Dollars ($ 1,000,000 ) in the aggregate. (Paragraph deleted) § 17.1.9 Coverage under Sections l 7.1.7 and 17.1.8 may be procured through a Combined Professional Liability and Pollution Liability insurance policy, with combined policy limits of not less than One Million Dollars ($1,000,000 ) per claim and One Million Dollars ($1,000,000 ) in the aggregate. § 17.1.10 The Contractor shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Section 17.1 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner's written request. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the period required by Section 17.1.1. The certificates will show the Owner as an additional insured on the Contractor's Commercial General Liability and excess or umbrella liability policy. § 17.1.11 The Contractor shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Contractor. § 17.1.12 To the fullest extent permitted by law, the Contractor shall cause the commercial liability coverage required by this Section 17.1 to include (1) the Owner, the Architect, and the Architect's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner's general liability insurance policies and shall apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with respect to the Architect and the Architect's Consultants, CG 20 32 07 04. § 17.1.13 Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by this Section 17. 1, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 17.1.14 Other Insurance Provided by the Contractor (List below any other insurance coverage to be provided by the Contractor and any applicable limits.) Coverage Limits § 17.2 Owner's Insurance § 17.2.1 Owner's Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 17.2.2 Property Insurance § 17.2.2.1 The Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder's Init. AIA Document A104TM - 2017 (formerly A107 TM -2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 20 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner's property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed or materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section 17.2.2.2, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Contractor, Subcontractors, and Sub -subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees. § 17.2.2.2 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section 17.2.2.1 or, if necessary, replace the insurance policy required under Section 17.2.2.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 18.4. § 17.2.2.3 If the insurance required by this Section 17.2.2 is subject to deductibles or self-insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. § 17.2.2.4 If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 18.4, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure against direct physical loss or damage, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. § 17.2.2.5 Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Section 17.2.2 and, upon the Contractor's request, provide a copy of the property insurance policy or policies required by this Section 17.2.2. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. § 17.2.2.6 Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any insurance required by this Section 17.2.2, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 17.2.2.7 Waiver of Subrogation § 17.2.2.7.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by this Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this Section 17.2.2.7 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 17.2.2.7.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all AIA Document A104T"" - 2017 (formerly A107TM - 2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 21 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be 1 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) rights in accordance with the terms of Section 17.2.2.7.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 17.2.2.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements, written where legally required for validity, the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 17.2.3 Other Insurance Provided by the Owner (List below any other insurance coverage to be provided by the Owner and any applicable limits.) Coverage Limits § 17.3 Performance Bond and Payment Bond § 17.3.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in the Contract Documents on the date of execution of the Contract. § 17.3.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 18 CORRECTION OF WORK § 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense, unless compensable under Section A.1.7.3 in Exhibit A, Determination of the Cost of the Work. § 18.2 In addition to the Contractor's obligations under Section 9.4, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 15.6.3, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. § 18.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 8.3. § 18.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 18.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 18. ARTICLE 19 MISCELLANEOUS PROVISIONS § 19.1 Assignment of Contract Neither party to the Contract shall assign the Contract without written consent of the other, except that the Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. Init. AIA Document A104TM — 2017 (formerly A107 TM —2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 22 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be t prosecutes' to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) § 19.2 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 21.6. § 19.3 Tests and Inspections Tests, inspections, and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 19.4 The Owner's representative: (Name, address, email address and other information) Dan Klein , Fire Marshal/Emergency Management Coordinator City Of Monticello 505 Walnut Street Monticello, MN 55362 § 19.5 The Contractor's representative: (Name, address, email address and other information) Joseph Kuechle, President Kue Contractors, Inc 130 Central Ave S., P.O. Box 408 Watkins, MN 55389 § 19.6 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. ARTICLE 20 TERMINATION OF THE CONTRACT § 20.1 Termination by the Contractor If the Architect fails to certify payment as provided in Section 15.4.1 for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days, the Contractor may, upon seven additional days' notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 20.2 Termination by the Owner for Cause § 20.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or AIA Document All 04 TM — 2017 (formerly A107TM —2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 23 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be t prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 20.2.2 When any of the reasons described in Section 20.2.1 exists, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days' notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. § 20.3 Termination by the Owner for Convenience The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The Owner shall pay the Contractor for Work executed; and costs incurred by reason of such termination, including costs attributable to termination of Subcontracts; and a termination fee, if any, as follows: (Insert the amount of or method for determining the fee payable to the Contractor by the Owner following a termination for the Owner's convenience, if any.) ARTICLE 21 CLAIMS AND DISPUTES § 21.1 Claims, disputes, and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Section 16.2, shall be referred initially to the Architect for decision. Such matters, except those waived as provided for in Section 21.11 and Sections 15.7.3 and 15.7.4, shall, after initial decision by the Architect or 30 days after submission of the matter to the Architect, be subject to mediation as a condition precedent to binding dispute resolution. § 21.2 Notice of Claims § 21.2.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 18.2, shall be initiated by notice to the Architect within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 21.2.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 18.2, shall be initiated by notice to the other party. § 21.3 Time Limits on Claims The Owner and Contractor shall commence all claims and causes of action against the other and arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in this Agreement whether in contract, tort, breach of warranty, or otherwise, within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 21.3. § 21.4 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 21.5 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with their Construction Init. AIA Document All 04 TM — 2017 (formerly All 07TM —2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 24 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 21.6 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association, in accordance with the Construction Industry Arbitration Rules in effect on the date of this Agreement. Demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 21.7 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 21.8 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, any party to an arbitration may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described in the written Consent. § 21.9 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 21.10 Continuing Contract Performance Pending final resolution of a Claim, except as otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 21.11 Waiver of Claims for Consequential Damages The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 20. Nothing contained in this Section 21.11 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. AIA Document A104111-2017 (formerly A107111-2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The Inst. American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 25 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) This Agreement entered into as of the day and year first written above. OWNER (Signature) Brian Stumpf, Mayor (Printed name and title) CONTRACTOR (Signature) Joseph Kuechle, President (Printed name and title) Init. AIA Document A104111-2017 (formerly A107 TM —2007). Copyright ©1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. 26 Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) Additions and Deletions Report for AIA° Document A 104T m - 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 17:16:18 ET on 01/29/2019. PAGE 1 AGREEMENT made as of the Thirtieth day of January in the year 2019 Citv of Monticello 505 Walnut Street Monticello, MN, 55362 Telephone Number: 763-295-2711 Kue Contractors, Inc 130 Central Avenue South, P.O. Box 408 Watkins, MN 55389 Monticello Fire Station 101 Chelsea Road Monticello, Minnesota, 55362 Construction of the new 22,720 Sq. Ft. precast concrete structure is to include: sitework, concrete footings, foundations & floor slabs, precast wall panels, precast hollow -core planks, precast concrete roof framing, interior partitions, floor coverinl;s, ceilinp-s, doors, aluminum storefront windows & doors, HVAC, olumbina, electrical and other reauired construction for the Citv of Monticello Fire Station building in Monticello, MN as indicated in the Construction Documents. Brunton Architects & Engineers, 225 Belgrade Avenue North Mankato, MN 56003 Telephone Number: 507-386-7996 Fax Number: 507-386-7992 PAGE 2 [ X ] The date of this Agreement. PAGE 3 [ X1 By the following date: 02/01/2020 Additions and Deletions Report for AIA Document A104TM — 2017 (formerly A107 TM — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) [X 1 Stipulated Sum, in accordance with Section 3.2 below § 3.2 The Stipulated Sum shall be Four million, fortv-one thousand six hundred ei6teen dollars & no cents ($ $4,041,618.00 ), subject to additions and deductions as provided in the Contract Documents. DEDUCT ALTERNATE #01 – Delete the venerator for the sum of $70,000. PAGE 4 1. LED Li2htina & Controls Unarade $12,000 2. EXTERIOR LOGO & LETTER SIGNS, INTERIOR LOGO SIGN $30,000 § 3.4 Cost of the Work Plus Contractor's Fee With a Guaranteed Maximum Price — NIA § 3.4.1 The Cost e f4ho Wek iz ac'rr;�,�-;Jrl:i;�it .�tt�.�r.�inztiiqfthp § 3.4.2 The Contractor's Fee: Stipulated Sum § 3.4.3.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed N/A ($ N/A ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. This maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. PAGE 5 If the Contractor fails to achieve Substantial Comoletion by the date stated in the Aareement, liquidated damages in the amount of $300.00 per calendar day shall be charred to the Contractor for each day past the Substantial Completion date until the Droiect is completed. § 4.1.3 Provided that an Application for Payment is received by the Architect not later than the fifth day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Thirtieth day of the same month. If an Application for Payment is received by the Architect after the date fixed above, payment shall be made by the Owner not later than �—Thirtv (30 ) days after the Architect receives the Application for Payment. Five Dercent PAGE 6 1.5 % monthly [ X ] Other (Specify) Additions and Deletions Report for AIA Document A1041m — 2017 (formerly A107 TM — 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) Arbitration for all disputes involving an amount in controversv of $50,000 or less, or unless, the parties mutually agree to arbitration for anv disputes involving an amount in controversv of treater than $50,000. All other disputes shall be resolved through litigation in Faribault Countv District Court. PAGE 7 Refer to Exhibit A Refer to Exhibit A Addendum #1 01/08/2019 28 Addendum #2 01/15/2019 28 Addendum #3 01/17/2019 11 PAGE 19 § 17.1.2 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than One Million dollars ($ 1,000,000 ) each occurrence, Two Million dollars ($ 2,000,000 ) general aggregate, and Two Million dollars ($ 2,000,000 ) aggregate for products -completed operations hazard, providing coverage for claims including § 17.1.3 Automobile Liability covering vehicles owned by the Contractor and non -owned vehicles used by the Contractor, with policy limits of not less than One Million dollars ($ 1,000,000 ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of those motor vehicles along with any other statutorily required automobile coverage. PAGE 20 § 17.1.6 Employers' Liability with policy limits not less than Five Hundred Thousand dollars ($ 500,000 ) each accident, Five Hundred Thousand dollars ($ 500,000 ) each employee, and One Million dollars ($ 1.000.000 ) policy limit. § 17.1.7 If the Contractor is required to furnish professional services as part of the Work, the Contractor shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than One Million Dollars ($ 1,000,000 ) per claim and One Million Dollars ($ 1,000,000 ) in the aggregate. ..8 if the Wer -k iiivelves the trafispei4, dis-Rcmir titian, use, of release o('pall„tants, the Gentr--Ei C Shall pfeeur-e Pelltii iiHiCo, with ,,,olio., limits of net 1es3 tkar ($ -)ptr Oaipm an"t ) in the „ggr-eg,�o § 17.1.9 Coverage under Sections 17.1.7 and 17.1.8 may be procured through a Combined Professional Liability and Pollution Liability insurance policy, with combined policy limits of not less than One Million Dollars ($1,000,000 ) per claim and One Million Dollars ($1.000,000 ) in the aggregate. PAGE 23 Dan Klein, Fire Marshal/Emeraencv Management Coordinator Citv Of Monticello 505 Walnut Street Monticello, MN 55362 Joseph Kuechle, President Kue Contractors, Inc 130 Central Ave S., P.O. Box 408 Additions and Deletions Report for AIA Document A104TM - 2017 (formerly A107 TM - 2007). Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright 3 Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) Watkins. MN 55389 PAGE 26 Brian Stumpf. Mavor Joseph Kuechle, President Additions and Deletions Report for AIA Document A104TM — 2017 (formerly A107 TM — 2007). Copyright© 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) Certification of Document's Authenticity AIA° Document D401 TM - 2003 I, Geoff Little, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 17:16:18 ET on 01/29/2019 under Order No. 5134120788 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A 104TM — 2017, Standard Abbreviated Form of Agreement Between Owner and Contractor, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM — 2003. Copyright© 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:16:18 ET on 01/29/2019 under Order No.5134120788 which expires on 04/28/2019, and is not for resale. User Notes: (1146509394) City Council Agenda: 2/11/2019 2N. Consideration of authorizing request for exemption from sales tax for expenses associated with construction of the fire station. (JO) A. REFERENCE AND BACKGROUND: In reviewing the LMC Legislative Bulletin it was learned that both Inver Grove Heights and Minnetonka are seeking an exemption from sales tax associated with construction of fire and public safety buildings. In reviewing the LMC memo, it was learned that the legislation for these facilities did not proceed through committees as separate bill, but could be added to the Omnibus Tax Bill. Accordingly, City Council is asked to consider authorizing staff to learn more about the status of the two bills and seek Marion O'Neill and Bruce Anderson as authors to a bill seeking exemption from sales tax for costs associated with construction of the Monticello fire station. Please see the attached information from the League of MN Cities for more information. Al. Budget Impact: NA A2. Staff Workload Impact: NA B. ALTERNATIVE ACTIONS: Motion to authorizing staff to work with our local representatives in seeking legislative action providing for exemption from sales tax for expenses associated with construction of the new fire station. 2. Motion to deny authorization to precede as suggested 3. Other C. STAFF RECOMMENDATION: City staff recommends Alternative #1. D. SUPPORTING DATA: LMC article — "Bills Would Provide Construction Sales Tax Exemption for Two City Projects" 2/7/2019 Bills Would Provide Construction Sales Tax Exemption for Two City Projects Bills Would Provide Construction Sales Tax Exemption for Two City Projects The League is also working with legislators to introduce a bill that would provide a general construction sales tax exemption for all local governments. (Published Feb 4, 2019) The House Taxes Committee (Link to: https:Ilwww.house.leg.state.nin.us/Committees/Home/91012) last week considered two bills that would provide a sales tax exemption through a refund process for construction materials used for two specific public facilities when the materials are purchased by a contractor. The first bill, HF 279 (Link to: https:llwww revisor.mn.gov/billslbill.php?b=House&f=HF279&ssn=0&y=2019) (Rep. Ruth Richardson (Link to: https: //www. house. leg.state. mn. uslnieinbers/profile/15519) , DFL -Mendota Heights), would provide a refund of sales taxes paid on construction materials for a new Inver Grove Heights fire station that includes a public safety training facility. According to the Department of Revenue analysis (Link to: https:Ilwww revenue.. state, mn. us/research_stats/revenue_analyses/2019_2020/sf0202(hf0279)_I.pdf?inline=true) , the exemption will reduce the cost of the $8.7 million facility—$4.3 million of which is assumed to be taxable materials—by an estimated $300,000. The second bill, HF 333 (Link to: https:Ilwwwrevisormn.gov/bills/bill.php?b=House&f=HF333&ssn=0&y=2019) (Rep. Patty Acomb (Link to: https: //www. house.leg.state. mn. us/members/profile/15513) , DFL -Minnetonka), would provide a refund of the sales taxes paid on construction materials for a Minnetonka public safety facility. The Department of Revenue analysis (Link to: https: //www. revenue.state. mn. us/research_stats/revenue_ana lyses12019_2020XhJ0333 (sf0442)_I. pdf ?inlin e=true) estimates the exemption will reduce the cost of the $25 million facility—$12.5 million of which is assumed to be taxable materials—by an estimated $850,000. Both bills were laid over for possible inclusion in the omnibus tax bill. General exemption bill coming soon Rep. Mike Freiberg (Link to: https:Ilwwwhouse.leg.state.mn.us/members/profile/15398) (DFL -Golden Valley) and Sen. Ann Rest (Link to: https://www senate. mn/members/member_bio.php?member id=1051) (DFL -New Hope) will be introducing companion bills that would create a process to generally allow cities, counties, school districts, and townships to receive the sales tax exemption through a refund when construction materials are purchased by a contractor for a public project. Background on the issue Under current law, for cities, counties, townships and school districts to receive the benefit of the sales tax exemption for building, construction, or reconstruction materials, supplies, and equipment used in public buildings and public infrastructure projects, they must follow a very cumbersome set of rules that require local units of government to: Separately bid labor and materials. Designate the contractor as a legal purchasing agent on behalf of the local unit of government. Assume the liability for damages caused by defective materials or delivery delays. Since the current required process adds considerable risk and potential cost to the contracting process, many cities, counties, and townships choose not to pursue the sales tax exemption at all. Similarly, some school districts—which have never been subject to sales tax on their purchases, but have been subject to these rules for decades—have opted to pay the sales tax on construction materials. https://www.Imc.org/page/1/Construction Exemption.jsp?ssl=true&utm_source=Feb.+4%2C+2019+Cities&utm_campaign= Bulletin +02%2F04%2F19&ut... 1/3 2/7/2019 Bills Would Provide Construction Sales Tax Exemption for Two City Projects According to an analysis prepared last session on a bill that would provide a refund to all local units of government, the Department of Revenue estimated (Link to: https://www revenue. state.mn.us/research_stats/revenue_analyses/2017_2018/sf0283(hf0456)_l.pdf?inline=true) that paying the sales tax will increase the cost of local government projects by an estimated $18.3 million in FY 2019 and $18.9 million in FY 2020. Read the current issue of the Cities Bulletin (Link to: http://www Imc.org/page/1/cities-bulletin-newsletterjsp) * By posting you are agreeing to the LMC Comment Policy (Link to: http://www lmc.org/page/1%omment policyjsp) . 0 Comments MinnesotaCities 0 Login Recommend Tweet f Share .,.`.. Start the discussion... LOG IN WITH OR SIGN UP WITH DISQUS ? Name Be the first to comment. ® Subscribe 0 Add Disqus to your siteAdd DisqusAdd on Disqus' Privacy PolicyPrivacy PolicyPrivacy Your LMC Resource Contact Gary Carlson IGR Director (651) 281-1255 or (800) 925-1122 gcarlson@lmc.org (Link to: mailto:gcarlson@lmc.org) Meet our city vendors! Sort by Best https://www.Imc.org/page/1/Construction Exemption.jsp?ssl=true&utm_source=Feb.+4%2C+2019+Cities&utm_campaign=Bulletin+02%2F04%2F19&ut... 2/3 2/7/2019 Bills Would Provide Construction Sales Tax Exemption for Two City Projects (Link to: http: //www. lmc. org/ads/102407) https://www.Imc.org/page/1/Construction Exemption.jsp?ssl=true&utm_source=Feb.+4%2C+2019+Cities&utm_campaign= Bulletin +02%2F04%2F19&ut... 3/3 City Council Agenda: 2/11/2019 4A. Consideration to review for approval and distribution a Request for Proposal for the Monticello 2040 Communitv Vision & Comprehensive Plan. (AS) A. REFERENCE AND BACKGROUND: The City Council is asked to consider a draft request for proposal for updating of the Monticello Comprehensive Plan and if appropriate, authorize posting and distribution. A Comprehensive Plan is the city's guide for growth and development for the next 20 years. The Comprehensive Plan reflects the community's vision and articulates the goals for how Monticello will take shape during this period. Monticello last updated its Comprehensive Plan in the period between 2006-2008. The need to update the Comprehensive Plan at this time is two -fold. Generally, cities update their plans approximately every ten years, to better address changes which may impact future growth. Even with a ten-year update timeline, Comprehensive Plans purposely look out over a long-range planning horizon, most often twenty years. This long-range span affords cities the opportunity to think in the broadest terms about its future. In Monticello's case, the need to update the Comprehensive Plan is amplified by significant changes on the horizon, which include major transportation and utility infrastructure improvements, potential tax base and land use transitions as related to the nuclear plant, and land use questions left unresolved with the last plan update. During the 2019 budgeting process, staff presented a two-pronged approach to the proposed update of the Plan. The first component, Phase 1, is the Visioning process. The second component, Phase 2, is the Comprehensive Plan document. Both components are called out in the RFP and the proposal requests specific scope and cost identification for each phase. This will aid the city in establishing a budget for Phase 2 in 2020. Phase 1, the community -wide visioning process, was funded in the 2019 budget. Phase 1 would first flesh out ideas and issues which will shape the community in the next 20 years. The community would then prioritize these issues and identify alternative scenarios to capitalize on the opportunities and address the challenges. Phase 1 would conclude with a set of guiding action statements and a community vision. This phase is envisioned as highly participatory and future -forward. The action statements and vision will provide the platform for the planning to be accomplished in Phase 2. After completion of the Visioning component, the groundwork is set for developing the more traditional Comprehensive Plan chapters. These include Land Use, Economic Development, Parks & Open Space, Transportation and Utilities. The information gained from Phase 1 will guide the development of the goals and policies in these chapters. The approaches for both Phases are described in more detail in the request for proposal itself. The importance of public participation throughout both phases cannot be understated. Council will note that it is included as the underpinning of the project and woven throughout. Should the Council decide to proceed with the RFP, staff intends to meet with stakeholder groups to introduce the project. Staff would like to begin immediate outreach to encourage active participation, prior to the start of work with the consultant. City Council Agenda: 2/11/2019 This will include meetings with Monticello Township, the school district, hospital, and others. We will be looking for community volunteers to serve as plan champions and liaisons to foster community -wide commitment to the vision and the plan. The scope of work also calls for a technical advisory committee, which will function as the project steering committee. The make-up of this committee will be a later Council decision. Appointment of the selection committee to review the received proposals, conduct interviews and recommend a final proposal selection and contract award will also be later Council decisions. To summarize, staff envisions the following process to start the project. If approved, the proposal would be released on February 15th, with the introductory meetings held before or shortly after that date. The intended schedule for the full process is described on page 14 of the RFP. 1. Approval of the draft RFP for release 2. Comprehensive Plan introduction meetings with community stakeholders 3. Release of RFP 4. Appointment of Proposal Selection Committee 5. Proposals received — April 1, 2019 Al. Budget Impact: Council has allocated $40,000 for the Phase 1 Visioning process of the larger Comprehensive Plan effort. The RFP requires a scope and budget for Phase 2 to be provided, which will support 2020 budget planning. The Engineering Department will also need to solicit quotes for complimentary Transportation and Utility planning as part of the Phase 2 process. A2. Staff Workload Impact: Comprehensive Planning is one of the most staff -intensive projects a City undertakes. Once a consultant is selected and a final scope of work detailed, a more accurate staff workload impact can be provided. A3. Strategic Plan Impact: As detailed on Page 3 of the RFP, a Comprehensive Plan serves as a platform for many of the implementation documents used by the City, including the Strategic Plan. The Strategic Plan is the City of Monticello's organizational plan of will implement the Comprehensive Plan vision and goals. In essence, future Strategic Plans of the City will depend on the outcome of the Comprehensive Plan itself. B. ALTERNATIVE ACTIONS: 1. Motion to approve the Request for Proposal for the Monticello 2040 Community Vision & Comprehensive Plan for distribution. 2. Motion to deny distribution of the Request for Proposal for the Monticello 2040 Community Vision & Comprehensive Plan, based on comments of the City Council. 3. Motion to table action on distribution of the Request for Proposal for the Monticello 2040 Community Vision & Comprehensive Plan. City Council Agenda: 2/11/2019 C. STAFF RECOMMENDATION: City staff recommends Alternative 1. A current and clear Comprehensive Plan is necessary to help Monticello guide its future growth. The RFP is written to provide a Comprehensive Plan is both aspirational and functional. As noted in the RFP, the objective of the project is to provide the community with a vision for its future developed by an engaged and informed community and to provide the strategies to achieve that vision. The plan will address the transformational issues at work in the community and region, shaping Monticello over the next 20 years. D. SUPPORTING DATA: • Draft Monticello 2040 Visioning & Comprehensive Plan Request for Proposals MONTICELLO 2040 Request for Proposal to Prepare a Community Vision & Comprehensive Plan Proposal Due Date/Time April 1, 2019 4:00 PM (CST) I. PROJECT OVERVIEW The City of Monticello is seeking a consulting firm(s) with considerable experience in scenario -based strategic planning, community design, land use planning, economic analysis, and community engagement to update the city's Comprehensive Plan. The objective of the project is 1) to provide the community with a clear vision for its future developed by an engaged and informed community and 2) the strategies to achieve that vision, ultimately reflected in an updated Comprehensive Plan. The plan documents should be visually appealing, usable, and legally defensible. The plan will address the transformational issues at work in the community and region, which will shape Monticello over the next 20 years. These issues will include fundamental changes in tax base, land use, and transportation, among others. In addition, with an Orderly Annexation Agreement in place with Monticello Township, which will expire in 2025, the 2040 Plan will recognize the opportunities for growth and development in this area and focus on engaging township residents in the process. The 2040 plan is a shift in character, process and format in comparison to the existing 2008 Comprehensive Plan. While prior Comprehensive Plans serve as context, the 2040 plan will represent an innovative and transformative blueprint for Monticello's future. The city intends for the 2040 plan to be a community -oriented plan organized around a shared vision and actionable outcomes. The plan will be completed in two phases. A. Phase 1: Scenario Planning & Visioning The first phase of the project will require a futurist planning strategy, employing scenario - based planning tools. The first task is the identification of issues that will shape the community for the next 20 years. Initial community -wide input will be gathered on trends and forces with the goal of developing specific scenarios for Monticello 2040. Harnessing transformational forces will be a critical component of this planning effort. The consultant will then work with the community to define a preferred alternative scenario for the identified issues, culminating in the development of a shared community vision and specific, concise guiding action statements to inform the second phase of the plan. B. Phase 2: Comprehensive Planning The second phase of the project is the preparation of the city's guiding document for growth and development over the next 20 years. The Comprehensive Plan document will emphasize the relationship between the vision and action statements established in the first phase and the plan's specific study components. This phase of the planning effort will provide clear direction and guidance for decision making within the traditional comprehensive plan chapters. The Comprehensive Plan will also clearly articulate the inter -relatedness of the study components. 21 Page COMMUNITY VISION & COMPREHENSIVE PLAN This process supports and informs M 4r I Data Analysis/Cammunity Contex# Issue Identification 5ccnario Dcvuloprnmt Preferred Scenario Selection Action Statement Development vision Statement Comprehensive Planning • hand Use • Economic Development • Parks, Pathways & Open Spaoe • Community Identity & CuIlture • Transportation Plan • Wil'" P[an ...................................................................................... STRATEGIC PLAN 1 Financial Planning Plan '1J 31 Page II. COMMUNITY BACKGROUND The city of Monticello is a vibrant community located along the Mississippi River. The community is proud of its cultural heritage, excited about its recent growth and development, and determined to develop strategies to confidently meet the challenges of the next 20 years. Monticello was founded by second -generation Americans who migrated west in the mid - 1800s. Founded in 1856, the city grew quickly during the early settlement years and then leveled to a population of about 1,300. Then, between 1969 and 1972, two major events occurred that would have a major impact on the community. During that time, a nuclear power generating plant was constructed and Interstate 94 was completed, skirting the southern boundary of the original city site. The City of Monticello is now a free-standing urban fringe city with its growth driven by a prime location on Interstate 94 between the Minneapolis/St Paul Metro area and the City of St. Cloud. The residential population is currently estimated at 13,000. However, the population of the Monticello area as a regional center is far in excess of 13,000, as Monticello is located along a heavily traveled commuter route. It is estimated that the population within a five -mile radius of the city is over 50,000. It is important to note that Monticello is not a suburban commuter city; rather Monticello acts as a regional center, offering a variety of workforce opportunities with a comparable ratio of those commuting in for work as out. Although a cross-section of housing stock in both age and value exists in the community, much of the population growth in the last thirty years been fueled by development of starter homes and townhomes. The city offers a full range of services to residents and is home to the CentraCare Monticello hospital, Independent School District #882, and other institutions that serve the community. Non-profit and volunteer organizations round out an active and involved Monticello. The city also maintains over 100 acres of parkland and 11+ miles of paved pathways for both passive and active play recreation. Residents also enjoy access to the Monticello Community Center which features a water park, fitness center, track, basketball courts, senior center, indoor playground, meeting space, and City Hall. In addition, the City of Monticello and Wright County have partnered to acquire and operate 1,200 acres of open space in Wright County, known as the Bertram Chain of Lakes Regional Park. This irreplaceable natural area includes undisturbed shoreline and natural habitat, as well as 120 acres for a city -owned and operated regional athletic park. Monticello is also a regional hub of commercial development, owing to its location at the intersection of State Highway 25 and I-94. The increase in residential population along the I- 94 corridor, coupled with excellent transportation access, propelled recent commercial growth. The community is home to both large franchises and local retail and commerce. 41 Page Previous land use and utility planning initiatives have provided the resources necessary to serve commercial users. The city is now reaping the benefit of such investments. Development along Highway 25 and I-94 anchors commercial centers which include the noted major retailers. Sufficient land is available to support continued commercial development in these areas. Redevelopment of the downtown area has also become a major focus of the city. Recognizing the downtown as the heart of the community, investments in events, arts and culture, buildings, and property have taken center stage over the last two years. For the purposes of industrial development, the City actively markets 50 acres of public industrial property with collector road and utilities, and is currently marketing the property to qualifying industrial users. There is also available private industrial land located throughout the community, but industrial land supply is an issue for consideration. The need for additional industrial land for workforce and tax base expansion will be a major issue for Monticello looking forward. The city, with an active Economic Development Authority, has been very aggressive in its economic development strategies and is focused on workforce development and growth in tax base. The city has created a number of TIF districts, which support both new development in industrial areas and redevelopment in the original downtown. Monticello's tax base relies heavily on the presence of the Monticello Nuclear Generating Plant (MNGP), which currently represents over 55% of the tax base for the city. The city is actively pursuing strategies to diversify and strengthen the tax base and manage the fluctuations in valuation at the MNGP. With the development and implementation of a city -based fiber-optic system, coupled with a second privately owned and operated fiber-optic system, Monticello residents and businesses are well-positioned to take advantage of the digital age. An annexation agreement is in place to accommodate future growth and development within Monticello Township. The agreement provides for development which makes the most of the amenities of the area, while preserving agricultural resources and open space. Monticello is also aware of its central location within the region. Growth southward into the city's annexation area, as well as growth pressure from the communities of Big Lake and Becker to the north, have created a need for Monticello to reach out to neighboring communities to think more broadly about transportation, utility and economic development. In summary, because of geographic location and rich history, Monticello features aspects of an older small town, as well as the needs of a growing regional center outside the Minneapolis/St. Paul Metropolitan area. 51 Page III. OUTLOOK Phase 1 of the 2040 comprehensive planning project requires that the selected consulting firm(s) present a creative and inclusive approach to support a community -wide identification of forces and needs likely to influence Monticello's next 20 years. The selected consultant will bring a future -forward approach to the identification and actualization of transformative forces affecting Monticello, and will develop truly creative and differentiating solutions. While Phase 1 will require a community-based effort, looking toward 2040, the city has identified a preliminary set of issues which have the potential to shape the community. These matters are described briefly below. 1. Current Orderly Annexation Agreement The City of Monticello and Monticello Township have a current agreement for orderly annexation of a large portion of the township which expires in 2025. Phase 1 of the Plan will engage the township residents in discussions on future planning for the annexation area and new ideas for growth and annexation. The recognition of township residents and property owners as stakeholders in the process is important to fostering a broader vision of the Monticello community. Continued efforts to coordinate planning are critical. 2. Xcel Energy Transition Monticello is home to the Xcel Energy Monticello Nuclear Generating Plant (MNGP). The MNGP is currently licensed through 2030 and at present represents 55% of Monticello's tax base. Xcel Energy/Northern States Power also controls approximately 600 acres of land surrounding the plant facility. The plan will address the possible and eventual decommissioning of the plant, and the remaining fuel storage which may occur on-site. The city seeks to understand the full economic and social impact of the plant within the community and to develop specific strategies to maintain a vibrant, healthy and economically successful community. In addition, the existing Burlington Northern (BNSF) rail spur which runs through the city to the power plant should be evaluated for unexplored opportunity. 3. TH25 Congestion and Relief Minnesota Trunk Highway 25 between I-94 and State Highway 10 is a vital local transportation artery supporting economic and social well-being in the region. However, congestion on this highway has increased in recent years, creating traffic, development and safety issues for the community. The corridor also provides the only bridge crossing over the Mississippi within a 10 -mile growing suburban area. The bridge crossing is located on TH25 in Monticello's core downtown, connecting Wright and Sherburne counties. 61 Page A coalition of local jurisdictions was initiated to develop a unified effort among local and state interests for the purposes of joint planning and securing funding for necessary regional transportation improvements. Continued pressure on the corridor and transportation alternatives to relieve the pressure are key topics for the economic future of Monticello and the region. 4. Education A primary partner in the success of any community is the school system. Monticello is fortunate to have an incredible resource in the Monticello School District. The District has undertaken recent strategic planning and is working to define its own innovative path to future success. Incorporating the parents, children, educators, and administration within the school district is a top priority for the planning effort. Feedback from this stakeholder group will support planning related to workforce development, land use planning for future school facilities, pathway and park locations, culture, technology, and much more. In addition, facilitating discussion within the school and at school events will aid in reaching a broader audience with the planning effort and establishing a core of people of all ages committed to the vision of the new Comprehensive Plan. 5. Mississippi River Crossing Resulting from preliminary analysis completed by the Highway 25 Coalition, a study suggesting a new bridge crossing of the Mississippi has been prepared. At present, the study is in draft form and provides optional alignments for the second river crossing. The siting and funding of a river bridge is a significant undertaking. Bridges serve as a connection - between communities and commerce. Monticello is approaching this planning initiative with significant consideration, recognizing the long-term impact that the bridge will have on land use, transportation and economic development. A second bridge connecting Wright and Sherburne Counties has the potential to create incredible, dynamic, and long-lasting economic benefit for the affected communities. 6. West Interchange A third interchange serving the City of Monticello from the west has been identified in past Comprehensive Plans. An Interchange Land Use Study was developed to analyze land use potential for varying location scenarios. Ideally, the new Comprehensive Plan will incorporate this information and develop land use solutions to utilize and support this interchange. 71 Page 7. Workforce Development The shortage of qualified workforce for Monticello's numerous manufacturers and industries is consistent with trends felt regionally and nationally. Attracting and retaining workers is a high priority for the community, as is growing the workforce. Clearly, the diversification and growth of tax base is related to the potential decommissioning of the Xcel Nuclear Plant, and to Monticello's future economic viability. The development of an educated, trained and engaged workforce that contributes not only economically to the community, but in residential and other social sectors, is also vital. 8. Priority Growth Areas, Transitional Land Use & Housing The city will need to work through a prioritization of future growth areas. The prioritization will evaluate infrastructure, transportation, utilities, and amenities. It will look at a changing dynamic between land uses, where the lines between industry and commerce merge, and where workers seek to live closer to both. A more focused look at the Orderly Annexation Area Sections, including opportunities for unique development patterns and styles (such as cluster housing) and locations for life -cycle housing is required. The previous Comprehensive Plan also did not identify density for undeveloped guided residential areas. A conversation on density is needed to better focus utility and transportation extensions and growth areas. Identification of density will also assist developers in evaluating project siting. 9. Community Identity and Culture Although Monticello has strong historic roots anchored by the Mississippi River, its local community identity lacks coherence and clarity. There is not currently a cohesive and recognized statement of "who we are" and a defining statement of "who we will be 10. Regionalization Monticello is a sub -regional center, acting as a hub for commerce and services to the surrounding communities given its location on prime transportation corridors. The community should evaluate opportunities to capitalize on this central location to work with adjacent jurisdictions to maximize growth potential and efficiency. Smart growth benefiting all is also occurring due to changes in utility infrastructure, including the location of a Google datacenter in neighboring Becker. The review of comprehensive plans and utility plans in adjacent communities will need to be part of the full comprehensive planning process. 81 Page 11. Sherburne County Rail Park A study has been completed for an approximately 3,200 -acre rail -based industrial park in Sherburne County. While the magnitude of the proposal will require years of planning and investment, the completed study includes conceptual park designs and projected economic impacts. The BNSF main rail line between Seattle and the Twin Cities and Chicago to the east running through the Sherburne County provides the basis for the proposal. The rail park as proposed represents significant regional impact including an estimated 16,000 to 17,000 jobs, along with traffic and multiplier development. Monticello's proximity to the proposed development and its role as a regional center requires that Monticello continue to monitor the project's progress and potential for impact. This includes the potential for a new river crossing route. 12. Demographics, Diversity & Equity Monticello, like many communities, will need to address changing trends in demographics and determine the best methods for ensuring equity among its stakeholders. In 2019 the city is engaging with the League of Minnesota Cities, the Government Alliance on Race & Equity, and cohort cities to learn more about how to evaluate internal structures and organize future practices and policies using racial equity tools. The city's goal is to incorporate these ideas and tools into our planning efforts. 13. Technology Rapidly advancing technologies affect us all - autonomous vehicles, green energy, workforce mobility, etc. Monticello's vision and comprehensive plan will recognize that innovation provides a pathway to success and the possibilities are limitless. The comprehensive plan should address the possibilities as opportunities and prepare a roadmap to reach its full potential. 91 Page IV. PROJECT GOALS The Phase 1 planning and visioning effort is intended to result in a document which can be used by the community at -large, but also serves as the foundation for the comprehensive planning effort for Phase 2 of the project. The Phase 2 2040 Comprehensive Plan document is anticipated to be a significant update of the city's existing 2008 plan. Rather than a standard technical document, the city is seeking a plan which is anchored by a clear vision for the future and written in a way which ensures its use as a guiding document for city decisions. Project goals for both documents include the following. 1. Futuristic: creative, imaginative, agile, and out-of-the-box examination of the forces - both large and small - that will change the community; 2. Community -focused: plans developed by the people that live, work, learn, and recreate in greater Monticello; 3. Inclusive: reflect a process which incorporates the many viewpoints, needs, and opinions of the residents and community stakeholders; 4. Consensus -based: organized around a shared vision and community -developed guiding action statement principles; 5. Accessible: easy -to -read, easy-to-use, with a strong emphasis on visual interest and the use of photographs, charts, tables, and picto-/infographs; 6. Strategic: responds directly to the shared vision with action -oriented statements and focused on measurable outcomes; 7. Connected: acknowledge and address the inter -relatedness of the various planning elements that create and shape community; 8. Data -driven: provide an evidence -based framework for decision-making; 9. Transparent: the planning process and its related impacts should be made clear to stakeholders; and 10. Accountable: detail implementation and suggested measurement tools to support achievement of the vision. 101 Page V. SCOPE OF WORK The following is a general description of the tasks required of the consultant(s). A final scope of services will be negotiated and finalized once a consultant is selected. In preparing a proposal, the consultant should feel free to modify, revise or otherwise amend the list of tasks to best satisfy the project goals identified previously. 1. Initial meeting with city staff to review the project scope, schedule, and deliverables; map out final project timeline; begin the process of data collection and issues analysis; and clarify any outstanding questions or concerns. 2. Confirm plan format to include vision, guiding action statements, plan sections and implementation outcomes. 3. In partnership with city staff, develop and implement the community engagement effort, including plan branding and project communications. 4. Regular project meetings with staff and technical advisory team. 5. Preparation of meeting summaries for all staff and engagement meetings and events. 6. Periodic reports to the City Administrator and Community Development Director. 7. Specific to Phase 1: o Project initiation meeting with staff and technical advisory team. o Develop the Community Context. ■ The data that describes who we are. ■ The data which provides insight into opportunities for growth and development on which Monticello can capitalize. ■ The data that describes who we will be. o Facilitate a community -wide preferred scenario plan resulting from an issues identification and response scenario process. o Establish the shared vision. o Develop specific guiding action statements in support of the vision. o Prepare a finalized document for adoption by the City Council to include: ■ Vision Statement ■ Action Statements ■ Preferred Scenarios ■ Community Context ■ Appendix of Engagement 8. Specific to Phase 2: o Project initiation meeting with staff and technical advisory team. o Review, update, and revise as applicable the contents of the 2008 Comprehensive Plan consistent with the city's vision and guiding action statements. 111 Page o The Phase 2 project document will include the following components: • Executive Summary • Land Use: Chapter will require comprehensive review and analysis. o Residential o Commercial o Industrial o Parks, Pathways & Open Space o Downtown o Transition Areas/Mixed Use o Community Spaces & Uses • Economic Development: Chapter will require comprehensive review and analysis. This will include consultation with the city's financial consultant, Northland Securities, to respond to and develop recommended strategies. o Tax Base o Workforce o Development o Redevelopment • Transportation: Chapter requires a minor update of the vehicular component, with primary focus pedestrian and bicycle components. o Vehicular o Pedestrian o Bicycle o Rail • Parks, Pathways & Open Space: Chapter requires a minor update of the main components, with primary focus on the incorporation of noted guidance and development of the Downtown Open Space Plan. o Existing Parks & Pathways o System Objectives o System Plan — Parks and Pathways ■ Incorporation of Natural Resource Inventory & Assessment ■ Incorporation of Pathway Connections Guide Map ■ Incorporation of regional parks and pathway information ■ Incorporation of Safe Routes to School Plan recommendations o Downtown Open Space Plan • Utilities: RESERVED. Review current information as part of process. a. Water b. Sanitary Sewer c. Storm Sewer d. Green Infrastructure • Community Identity & Culture: New chapter to be developed for the 2040 plan. 121 Page o Plan chapters shall include specific support relating to the vision and guiding action statements. o Plan chapters shall include an implementation component for each chapter. o Plan shall include recommendations for suggested measurement against guiding action statements and vision. o As previously noted, the process shall include regular meetings with the technical advisory team. o Presentations and engagement with advisory boards or commissions as necessary for plan chapters. o Complete a legal review with the City Attorney for compliance with the requirements of Municipal Planning Act. 9. Presentation of draft plan sections to various boards/commissions, including all required public hearings, and final draft to Planning Commission and City Council fog approval. 131 Page VI. ENGAGEMENT The project will require an extensive community engagement process. The project is specifically intended to foster relationships between city leaders, staff, residents and area stakeholders. Selected consultant(s) will anticipate involvement and coordination of engagement activities with city staff. The selected consultant(s) will provide a clear understanding of roles of staff and consultant in engagement activities as part of the proposal document. It is anticipated that Phase I of the project will require the most intense community engagement activity. Community -wide involvement is critical to building a shared vision and commitment to the project by the numerous stakeholders. Phase 2 of the project will continue to require community input at key points throughout the process, which are to be identified by the consultant based on project approach. For purposes of the 2040 Plan, the city's high priority populations to engage include: • Families • Low-income populations • Youth • Diverse and immigrant populations • Monticello Township residents • Seniors • Community partners: o School District o Hospital o Business and Industry o Community organizations and non -profits • Regional partners — Monticello Township, cities of Big Lake and Becker, Wright and Sherburne counties It is expected that the selected consultant(s) will utilize a variety of tools and forums to achieve community -wide participation, including but not limited to those listed below. Professionally prepared and presented digital and print materials are a priority. • Website pages and updates • Social media posts — invitations and summaries • Non-traditional meeting venues • Engagement at partner locations • Pop-up meetings • Focus groups and workshops • Public presentation software and resources (visual preference, smart phone polling, etc.) • Portable project summary boards • E -newsletter • Press releases • Surveys (to the extent useful) 141 Page VII. TIMELINE (SUGGESTED) 1. April 1, 2019 2. April 2019 3. May 2019 4. May 2019 5. June - October 2019 6. November 2019 7. December 2019 8. January 2020 9. February - September 2020 10. October - December 2020 11. December 2020 VIII. DELIVERABLES Proposal submittals due Proposal review and interview Select consultant(s), contract Begin Phase 1- Data Analysis Community Scenario Planning & Visioning Formal Public/Board Review of Visioning Document and Guiding Action Statements Adopt Vision and Guiding Action Statements Begin Phase 2 - Data Analysis Prepare and Draft Phase 2 - Comprehensive Plan Formal Public/Board Review of Comprehensive Plan Adopt Final Comprehensive Plan The following items are required deliverables of the project and should be incorporated into your proposal narrative, timeline, work plan, and budget. 1. Project website (itemize as separate budget line item). 2. Electronic copies of all process and plan communication. 3. Electronic copies of the two plan documents (Phase 1 and 2), in edit -ready formats (Text in Word or Adobe InDesign format required, graphics in Adobe InDesign format, maps to be provided in both .dwg layers and .pdf) IX. QUALIFICATIONS AND ROLES Multidisciplinary teams, which may be a single firm or a consultant team consisting of individuals and/or firms with specialized expertise, are encouraged to submit a proposal. Qualified firms will demonstrate: 1. Familiarity with scenario -based strategic planning 2. Experience at successfully developing consensus -based plans 3. Strong facilitation and engagement skills 4. Experience at gathering and utilizing data to inform the planning process 5. Knowledge of communications and branding 6. Ability to constructively challenge key participants 7. Experience inspiring stakeholders to think innovatively 8. Extensive experience in land use planning 9. Ability to coordinate among multiple stakeholders 151 Page X. OWNERSHIP & RIGHTS The City of Monticello reserves the right to reject any or all proposals, to waive technical specifications or deficiencies, and to accept any proposal that it may deem to be in the best interest of the city. Although not preferred, the City reserves the right to select different consulting proposals for Phases 1 and 2. All work products and intellectual property resulting from the contract and defined scope of work and intellectual property will become the property of the City of Monticello. XI. BUDGET The total budget for the project for Phase 1 is $40,000. Phase 2 is anticipated to be budgeted for 2020. City staff is available to assist in completing and reviewing various plan sections, provide greater detail, context, and history, gather data, assist in meeting facilitations, and offer technical support. Additionally, City Hall is located within the Monticello Community Center and is equipped with media projection, production equipment, large format plotting and reproduction equipment, and meeting space. City staff can assist in arranging additional meeting and engagement event space at locations throughout the community. The proposed budget total should include all expenses and materials to deliver the work product. The city requests a proposed line item budget as part of the submittal package. The city will not be liable for any costs incurred by the consultant in the preparation of a proposal submitted in response to this RFP, in conduct of a presentation, or other activities related to responding to this RFP. No costs chargeable for work under this proposed contract may be incurred before receipt of either a fully executed contract with the city or specific written authorization from the City of Monticello. The final contract dollar amount will be negotiated with the selected consultant/team. If the city is unable to negotiate a satisfactory contract with the selected firm, negotiations with that firm will terminate and the city may select another firm. 161 Page XII. PROPOSAL SUBMITTAL The following materials must be received by 4:00 p.m. (CDT) on Monday, April 1, 2019 for a proposal to be considered. During the evaluation process, the City of Monticello reserves the right to request additional information or seek clarification from a consultant/team, or to allow for corrections of errors and/or omissions. All submissions are to include the following components for each of the two phases, prepared as separate itemized proposals. A. Project Overview 1. General Information: provide a brief overview of firm, including qualifications to execute the contract 2. Proposal Understanding: include a summary of the consultant's understanding of the project as described in this RFP, including the desire by the city for a strategic, community -focused plan B. Qualifications 1. Personal Qualifications: a. Identification of lead project manager and contact information b. Name, proposed role, hourly rate, anticipated time commitment to the project, and biography of each team member 2. References: include a list of at least three municipal clients for which consultant has conducted comprehensive planning, visioning, community engagement and/or land use analysis C. Proposal Submitted materials must provide a clear understanding of the proposed approach. 1. Project Overview: provide specific approaches, methods and assumptions that will be utilized to accomplish each task 2. Proposed Work Plan and Schedule: provide a proposed work plan divided into distinct phases and including a list of key tasks, milestones, approximate dates, project deliverables and resource needs 3. Community engagement plan: provide an overview of approach including anticipated activities, collaboration with city staff, and efforts to engage high priority populations 4. Budget: identify cost estimates for each segment of the scope of services and work plan. At minimum, identify costs for the following: i. Community engagement activities and materials ii. Staff and public meetings (include anticipated number) iii. Plan drafting and revision (include anticipated number and any consulting staff review) iv. Production of final document(s) v. Any other anticipated budgetary needs including incidentals 171 Page All responses, questions and correspondence should be directed to the contact below. In the interest of fairness to all respondents, please do not contact other staff or elected or appointed officials unless instructed to do so. A list of questions and pertinent responses will be posted on the city's website. Angela Schumann Community Development Director City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Angela. schumann@ci.monticello.mn.us One electronic copy of the proposal, in Adobe PDF format, and ten (10) hard copies shall be submitted to the email and address above. XIII. REVIEW PROCESS & SCORING The RFP subcommittee will evaluate and rank all submitted proposals. After conclusion of this review, the subcommittee will recommend the most qualified consulting teams or firms to the City Council. The decision will not be made by ranking alone, but will be based on a combination including, but not limited to: ranking, presentation, proposal merit and other qualifications. The Council will review the recommendations and invite the top candidates to conduct a presentation before the Council, members of city staff and representatives of the Planning Commission. Presentations are expected to occur in April, 2019. The City Council will make the final decision on the consultant firm selection, with input from the subcommittee, Planning Commission and staff. Once authorized to proceed, the "most qualified" consulting team or firm will be expected to immediately assist in developing a final scope of services and contractual agreement. Scoring criteria follows. 181 Page SCORING CRITERIA APPROACH Demonstration of an innovative and creative approach to scenario 15 points planning Clear process to identify preferred scenario and action statements 15 points to address these issues A strategy is devised to draft a community-based vision based on 15 points developed consensus A comprehensive approach is taken that acknowledges the 10 points interconnectedness and complexity of issues Design and language techniques will be engaged to make the 10 points plans accessible, easy to read, and easy to use Understanding of comprehensive planning requirements and 10 points detailed plan approach to completion A work plan is submitted that is realistic based on the level of the 15 points scope provided and identifies high-level goals, strategies and timeline COMMUNITY ENGAGEMENT Community engagement plan includes multiple engagement 15 points techniques Specific tactics proposed to target high priority populations and 15 points create an inclusive planning process Clear definition in roles of staff and consultant in the engagement 10 points process Planning process is designed with transparency of decision 10 points making and implementation strategies in mind A process is identified to regularly update the community on 10 points progress made towards implementation of the plan BUDGET Proposed budget is reasonable and reflective of project needs 15 points Language is included stating the budget is "not to exceed" 5 points EXPERIENCE Project team has experience creating innovative, strategic and 10 points inter -related comprehensive plans Project team has experience creating action -oriented, phased 10 points implementation plans Project team has the comprehensive skills, capacity and 5 points technological resources needed to complete the project At least three references are provided 5 points TOTAL 200 Points 191 Page XIV. SUPPORTING REFERENCES & RESOURCES 1. www.ci.monticello.mn.us. 2. 2008 Comprehensive Plan, including all Appendices 3. City of Monticello 2018 & 2019 Strategic Plan 4. Natural Resource Inventory & Assessment 5. Monticello Orderly Annexation Agreement 6. Interchange Planning Study 7. Trunk Highway 25 Coalition Study Materials 8. 2017 Housing Study 9. Area Comprehensive Plans - Wright County, Becker, Big Lake Resource Partners Monticello Independent School District Monticello Township Wright County Live Wright - Wright County Statewide Health Improvement Program CentraCare Health - Monticello Wright County Community Action Central Minnesota Initiative Foundation XV. GUIDANCE REFERENCES City of Shakopee - Envision Shakopee, Comprehensive Plan City of Minnetonka - Imagine Minnetonka The Futurist.com 201 Page Residential & Business Subscribers Service 2015 Q2 - 2016 Phone Only 32 28 Internet Only 664 717 Television Only 74 73 Phone & Internet 164 156 Phone & Television 44 42 Internet & Television 318 280 Triple Play 278 254 Total Subscribers 1574 1550 Total Phone 518 480 Total Internet 1424 1407 Total Television 714 649 204 196 July 1st 2016 188 1,645 Arvig's 1st Day 2016 2017 Q1-2018 Q2-2018 Q3-2018 28 24 25 26 25 829 945 961 951 969 72 55 52 46 45 145 164 168 162 160 39 35 34 33 30 279 232 214 206 203 253 204 196 199 188 1,645 1,659 1,650 1,623 1,620 465 427 423 .420 403 1,506 1,545 1,539 1,518 1,520 643 526 496 484 466 2018 24 1,014 41 155 30 206 174 1,644 383 1,549 451 Business Subscribers Service 2015 Phone Only 10 Internet Only 37 Television Only 1 Phone & Internet 70 Phone & Television 1 Internet & Television 3 Triple Play 15 Total Subscribers 137 Total Phone 96 Total Internet 125 Total Television 20 Residential Subscribers Service 2015 Phone Only 22 •Internet Only 627 Television Only 73 Phone & Internet 94 Phone & Television 43 Internet & Television 315 Triple Play 263 Total Subscribers 1437 Total Phone 422 Total Internet 1299 Total Television 694 Q2-2016 2016 2017 Q1-2018 ;Q2-2018 ;Q3-2018 Q3-2018 2018 10 13 10 10 10 10 10 31 35 33 35 37 37 37 2 2 1 1 1 1 1 66 60 68 66 61 62 63 1 - 1 1 1 1 1 4 4 4 4 3 3 3 15 19 16 16 19 16 14 129 133 133 133 132 130 129 92 92 95 93 91 89 88 116 118 121 121 120 118 117 22 25 22 22 24 21 19 Q2-2016 2016 2017 Q1-2018 Q2-20181 Q3-2018 2018 18 15 14 15 16 15 14 686 794 912 926 914 932 977 71 70 54 51 45 44 40 90 85 96 102 101 98 92 41 39 34 33 32 29 29 276 275 228 210 203 200 203 239 234 188 180 180 172 160 1421 1,512 1526 1,517 1,491 1,490 1515 388 373 332 330 329 314 295 1291 1,388 1424 1,418 1,398' 1,402 1432 627 618 504 474 460 445 432 Entity: FiberNet Entity: FiberNet Entity: FiberNet From: Arvig Enterprises, Inc. From: Arvig Enterprises, Inc. From: Arvig Enterprises, Inc. Subject: Monthly Netting Statement Subject: Monthly Netting Statement Subject: Monthly Netting Statement Netting Period: 10/01/2018 - 10/31/2018 Netting Period: 11/01/2018 - 11/30/2018 Netting Period: 12/01/2018 - 12/31/2018 Revenues FiberNet Revenues: Arvig Enterprises, Inc. Revenues: Subscriber Billings 142,532.00 Subscriber Billings 146,178.00 Subscriber Billings Total Revenues: 142,532.00 Total Revenues: 146,178.00 Total Revenues: Expenses Expenses: Expenses: Subscriber Fee (52,518.35) Subscriber Fee (52,279.50) Subscriber Fee Management Fee (13,261.25) Management Fee (13,261.25) Management Fee Fixed Fee (55,906.67) Fixed Fee (55,906.67) Fixed Fee Total Expenses: (121,686.27) Total Expenses: (121,447.42) Total Expenses: Net Income $ 20,845.73 Net Income $ 24,730.58 Net Income Entity: FiberNet From: Arvig Enterprises, Inc. Subject: Netting Statement Netting Period: 4rd Quarter 2018 Total Revenues: Subscriber Billings 431,443.00 Total Revenues: 431,443.00 Expenses: Subscriber Fee (156,659.75) Management Fee (39,783.75) Fixed Fee (167,720.01) Total Expenses: (364,163.51) Net Income $ 67,279.49 142,733.00 145,369.00 (51,861.90) (13,261.25) (55,906.67) (121,029.82) Entity: FiberNet From: Arvig Enterprises, Inc. Subject: Netting Statement Netting Period: YTD 2018 Total $ 24,339.18 Revenues: Subscriber Billing. 1,711,806.00 Total Revenues: 1,711,806.00 Expenses: Subscriber Fee (652,940.22) Management Fee 159,135.00) Fixed Fee 670,880.04) Total Expenses: (1,482,955.26) Not Income $ 228,850.74 Financial Projections FIRERnell PRELIMINARY 2018 - per Contractual Netting Statements 0e11—ed by arvig. Prelim Budget Budget 2018 2018 Variance 2018 Projected Revenue: $1,711,806 $1,914,473 ($202,667) $1,914,473 Expenses: Subscriber COGS 652,940 $846,228 ($193,288) 846,228 Fixed Cost 670,880 $686,058 ($15,178) 686,058 Cash flow from Operations $387,986 $382,187 $5,799 $382,187 Management Fee: Fixed 159,135 $159,135 $0 159,135 Adjusted EBITDA $228,851 $223,052 $5,799 $223,052 Management Fee: Incentive - 50% $101,926 $99,026 99,026 Capital Expense Budgeted: (111,516) (133,225) 133,225 City Cash Flow 15,410 (9,199) (9,199) Financial Projections FIBERnet Final 2018 by arvig_ Prelim Budget Budget 2018 2018 Variance 2019 Projected Revenue: $1,716,243 $1,914,473 ($198,230) $2,044,757 Expenses: Subscriber COGS 547,764 $846,228 ($298,464) 869,203 Fixed Cost 539,309 $686,058 ($146,749) 700,617 Cash flow from Operations $629,170 $382,187 $246,983 $474,937 Management Fee: Fixed 159,135 $159,135 $0 163,909 Adjusted EBITDA $470,035 $223,052 $246,983 $311,028 Management Fee: Incentive - 50% $222,518 $99,026 143,014 Capital Expense Budgeted: (111,516) (133,225) (139,738) City Cash Flow 136,002 (9,199) 28,276 Capital Expense Report; Budget versus Actual YTD - 2018 Actual Budget Variance HE/CO Equipment 13,622 12,500 (1,122) Drops 33,795 35,800 2,005 CPE Equipment 50,662 47,425 (3,237) Mediaroom (MMR) Transition 13,437 37,500 24,063 $ 1111516 $ 133,225 $ 21,709 Unbudgeted Items Spend Estimate Development - Featherstone 68,040 48,438 Road Jobs/Round-a-Bouts - Fallon Ave 193,979 210,000 Detail of Featherstone Detail of Fallon Ave Border States 1,321 Coupler/Splitter Module ZoneOne Locating 116.60 Calix 11,958 E7-2 Graybar 2493.52 Fallon - Corning Optical 1X32 Calix 11,590 GPON line cards Clearfield 231.56 Fallon Ave Graybar 4,130 Corning Optical 4 APC SM Cassette 658.37 Fallon Ave Graybar 603 Vaults Clearfield 7,577.00 Fallon Ave - PON Cabinet Michels 38,438 Plow/bore/placement Arvig Labor 19,716.84 OSP/Eng/Veh Total 68,040 30,793.89 Michels 163,184.91 Plow/bore/placement Estimate 48,438 Total 193,978.80 Over -Estimate 19,602 Estimate 210,000.00 Under -Estimate $ (16,021.20) FiberNet Capital Expense Budget 2019 Budget HE/CO Equipment 10,000 Drops 44,750 CPE Equipment 39,950 Video Transition 45,038 Total $ 139,738 Esimates and not yet Council Approved Unbudgeted Development - Featherstone 4th (24) 48,214 Development - Carlisle 6th (73) 90,720 Total Unbudgeted $ 138,934 Total CAPEX $ 278,672 FiberNet Update — 1/19 • Creating monthly front invoice messages • Created and implemented Gig Price for Life Promo Winter Promo: o Offer, new customer only: $65/month/Gig PFL and a Free Fire TV Stick, available to the first 50 customers o Existing customers could sign up for $65/Gig PFL o Offer valid from 11/19/18 —12/31/18 o Search Ads o Updated the website with the promo: fibernetmonticello.com o Store poster o City of Monticello Insert o Posting on social media & boosted posts o Ex. of advertising: Check faster Internet off your wish list this year with FlberNet Internet—S65 per month with no Mcf6en lees. Plus, the first 50 customers will recerve a FREE' Amazon Fire TV Stick! Watch their eyes light up Christmas morning when thsy can ail use their new gadgets at *.he same time. Murry, offer rads December 39-11 ItinJon Rano CaEn: RSAMr F� 763.316.0100 111ber1wtmorwdc 1k—om+7og1g w...rw arW& THIS BLACK FRIDAY, GO GIG ■ In to rraet. 565 per month far life! First 50 customers receive a FREE' Arnazo n Fire TV Stick. THIS CYBER MONDAY, GD GIG Pp- frseermee- S65 per rnon rt, for lffQl First 5O customers receive a FREE- Arnazo n Fire TV Stick_ `Tis the season TO GET CONNECTED =r. I" tern a th 5 lSS A>�-r mart tia for lffc f First 50 customers receive a FREE" Amamon Fire TV 5ti --k- Campaign Clicks mpression! CTR Gig Price For Life - Display 43 15,883 0.27% Gig Price For Life - Search 99 5,289 1.87% Gig for Life - Slack Friday 1 95 1.05% Gig For Life - Cyber Monday Display 7 1,767 0.40% Gig For Life - Cyber Monday 0 1 0.00% Gig For Life - Slack Friday Display 21 12,195 0.17% Gig For Life - Holiday Search 41 12,538 01.33% -Gig For Life - Holiday Display 146 59,8018 0.24% FiberNetMonticello.com Web traffic All Users 0-1— Uaere vs. SNec1 a melr.c • Usere 300 2Dr1 + /.dd Segment 15 22 r4evertMer 2016 12 19 7ecelnber 2018 10 17 Users New U.— S—I.n• Number of Sese+ons rler U..- 6,978 6,640 9,974 1.43 P.9-1 ws Pa9e6 / Session Avq. Seswisn Duration Bounce R.- 18,269 1.83 00:01:12 69.51% Oct 1.. 2018 - Jan 31. 2019 Neurry pry Wick "..h 24 J.-2019 T 1A 21 28 Yew Visltar = Retuminq VllltOr Facebook: Audience engagement - FiberMot Monticello R m- 7 A A onx A LL LA Total En�a��emeMs 391 Note: We're "down" because we previously gave away Twins Tickets. Rage impressions- FiberNet Monticello -PRESSION ^-"F Tk=L_ U�r.l-f ---------------- _____.......... .---------- .---------- .00e _______________.____.._ P li!i Imnr, s!.io- 40.885 V-1 �n v«ti��um :i l49 Total Impressions SO,249 Users Reached 39,509 These numbers are up due to our boosted posts for the FiberNet promo. 'OT co'. �'RI R 5 04Fti Monticello Monthly Report 2019 Incident Start Date/Time Initial Call 911 Abandoned Total: 7 01/08/19 07:42 911 Abandoned 01/09/19 06:15 911 Abandoned 01/14/19 14:51 911 Abandoned 01/17/19 14:43 911 Abandoned 01/28/19 14:40 911 Abandoned 01/28/19 21:13 911 Abandoned 01/30/1915:04 911 Abandoned 911 Hang-up Total: 24 01/02/1912:55 911 Hang-up 01/02/1915:50 911 Hang-up 01/05/19 21:40 911 Hang-up 01/06/1917:47 911 Hang-up 01/07/19 06:01 911 Hang-up 01/09/1914:28 911 Hang-up 01/10/19 21:48 911 Hang-up 01/11/1912:17 911 Hang-up 01/11/1912:45 911 Hang-up 01/12/19 02:11 911 Hang-up 01/13/1914:06 911 Hang-up 01/15/19 05:20 911 Hang-up 01/16/1914:06 911 Hang-up 01/17/1911:36 911 Hang-up 01/17/19 21:46 911 Hang-up 01/18/1913:02 911 Hang-up 01/20/19 08:55 911 Hang-up 01/20/1919:42 911 Hang-up 01/22/1911:49 911 Hang-up Wright County Sheriff's Office Sheriff Sean Deringer 3800 Braddock Ave. NE, Buffalo, MN 55313 1-800-362-3667 Fax:763-682-7610 CFS # 2019002034 2019002298 2019003870 2019004744 2019007627 2019007721 2019008175 2019000327 2019000381 2019001438 2019001633 2019001737 2019002409 2019002852 2019002992 2019003000 2019003207 2019003599 2019004056 2019004447 2019004712 2019004865 2019005011 2019005494 2019005638 2019005974 Final Incident 911 Hang-up QPpFE55I0NA�rS Printed on -• 1 • Case Number Codes How Reported 911ABANDON 911ABANDON 911 ABANDON 911ABANDON 911ABANDON 911 ABANDON 911ABANDON 911 HANgG1U1P 911 HANGUP 911 HANGUP 911 HANgG1U1P 911 HANGUP 911 HANGUP 911 HANgG1U1P 911 HANGUP 911 HANGUP WCSOP19001 8391 911 11HANgP 911 HANGUP 911 HANGUP 911 HANgG1U1P 911 HANGUP 911 HANGUP 911 HANgG1U1P 911 HANGUP 911 HANGUP 911 HANGUP ZUERCHER Page 1 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/23/19 21:00 911 Hang-up 2019006411 911 OPEN 01/02/19 18:14 911 Open Line 2019000431 911 HAN911 GUP 01/24/19 06:15 911 Hang-up 2019006490 911OPEN 01/03/19 09:20 911 Open Line 2019000593 911 HAN911 GUP 01/27/1910:59 911 Hang-up 2019007376 911 OPEN11 01/03/19 13:22 911 Open Line 2019000664 911 HAN911 GUP 01/27/1915:15 911 Hang-up 2019007427 911 OPEN 01/03/19 14:54 911 Open Line 2019000687 911 HAN911 GUP 01/28/1916:42 911 Hang-up 2019007665 911OPEN 01/03/19 14:56 911 Open Line 2019000689 911 HAN911 GUP 911 Open Line Total: 49 01/02/19 14:53 911 Open Line 2019000365 911 911 OPEN 01/02/19 18:14 911 Open Line 2019000431 911 911OPEN 01/03/19 09:20 911 Open Line 2019000593 911 OPEN11 01/03/19 13:22 911 Open Line 2019000664 911 911 OPEN 01/03/19 14:54 911 Open Line 2019000687 911 911OPEN 01/03/19 14:56 911 Open Line 2019000689 911OPEN11 01/05/19 17:30 911 Open Line 2019001354 911 911 OPEN 01/05/19 17:58 911 Open Line 2019001366 911 911OPEN 01/07/19 16:06 911 Open Line 2019001865 911OPEN11 01/08/19 12:59 911 Open Line 2019002108 911 911 OPEN 01/09/19 16:43 911 Open Line 2019002452 911 911OPEN 01/10/19 11:11 911 Open Line 2019002664 911OPEN11 01/10/19 14:09 911 Open Line 2019002705 911 911 OPEN 01/10/19 15:35 911 Open Line 2019002728 911 911OPEN 01/10/19 16:01 911 Open Line 2019002737 911OPEN11 01/10/19 16:05 911 Open Line 2019002738 911 911 OPEN 01/11/19 00:06 911 Open Line 2019002870 911 911OPEN 01/11/19 18:41 911 Open Line 2019003095 911OPEN11 01/12/19 02:35 911 Open Line 2019003211 11 911 OPEN 01/12/19 13:55 911 Open Line 2019003312 911 911OPEN 01/12/19 15:09 911 Open Line 2019003335 911OPEN11 01/13/19 14:33 911 Open Line 2019003601 911 911 OPEN 01/13/19 15:20 911 Open Line 2019003613 911 911OPEN 01/15/19 10:35 911 Open Line 2019004109 911OPEN11 01/15/19 19:11 911 Open Line 2019004266 911 911 OPEN 01/16/19 12:29 911 Open Line 2019004426 911 911 OPEN ZUERCHER Page 2 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes Reported 01/17/19 08:26 911 Open Line 2019004654 ggHow 911 OPEN11 01/18/19 10:24 911 Open Line 2019004974 911 911 OPEN 01/20/19 01:11 911 Open Line 2019005445 911 911 OPEN 01/20/19 09:02 911 Open Line 2019005496 g 911 OPEN11 01/20/19 09:58 911 Open Line 2019005504 11 911 OPEN 01/20/19 18:17 911 Open Line 2019005612 911 911OPEN 01/20/19 18:43 911 Open Line 2019005619 911OPEN11 01/21/19 16:24 911 Open Line 2019005821 911 911 OPEN 01/21/19 22:59 911 Open Line 2019005877 911 911OPEN 01/22/19 19:49 911 Open Line 2019006094 911OPEN11 01/23/19 09:54 911 Open Line 2019006219 11 911 OPEN 01/23/19 20:21 911 Open Line 2019006402 911 911 OPEN 01/23/19 22:16 911 Open Line 2019006432 g 911 OPEN11 01/24/19 19:15 911 Open Line 2019006659 911 911 OPEN 01/25/19 19:01 911 Open Line 2019006919 911 911OPEN 01/26/19 11:34 911 Open Line 2019007122 911OPEN11 01/28/19 11:13 911 Open Line 2019007587 911 911 OPEN 01/28/19 11:16 911 Open Line 2019007588 911 911OPEN 01/29/19 07:41 911 Open Line 2019007797 911 OPEN11 01/29/19 17:36 911 Open Line 2019007918 911 911 OPEN 01/30/19 08:49 911 Open Line 2019008087 911 911 OPEN 01/30/19 17:24 911 Open Line 2019008208 g 911OPEN11 01/30/19 20:20 911 Open Line 2019008248 11 911 OPEN Abandoned Vehicle Total: 3 01/09/19 16:30 Abandoned Vehicle 2019002446 Abandoned Vehicle 01/15/19 15:18 Abandoned Vehicle 2019004187 Abandoned Vehicle 01/20/19 10:48 Abandoned Vehicle 2019005512 Abandoned Vehicle Abuse Total: 2 01/15/1913:37 Abuse 01/20/19 23:17 Abuse Agency Assist Total: 16 01/01/19 05:25 Agency Assist 2019004163 Abuse 2019005681 Abuse Adult 2019000046 Agency Assist WCSOP19000 ABANDVEHne WCSOP19001 ABANDVEHne WCSOP19002 ABANDVEHne WCSOP19001 ABUSE Phone WCSOP19002 AB911 USE WCSOP19000AGASSIPhone ZUERCHER Page 3 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/02/19 15:28 Agency Assist 2019000375 Agency Assist WCSOP19000AGASSI ALARM Animal 01/25/1919:11 Alarm ST 01/05/19 23:46 Agency Assist 2019001467 Agency Assist WCSOP19000 A3ne 01/23/19 09:11 Animal ALARM GASSIST 01/08/19 14:18 Agency Assist 2019002123 Agency Assist h ne WCSOP19000OPhone 01/23/1910:31 Animal 2019006231 Animal AGASSIST 01/08/19 16:57 Agency Assist 2019002173 Juvenile - Complaint Phone WCSOP19000 AGgASSIST WCSOP19003053 911 2019006784 Phone 01/09/19 11:48 Agency Assist 2019002378 Agency Assist gPh WCSOP19000 AGASSISTI 2019008058 Alarm WCSOP19003059 911 3gIMAL WCSOP19002ANIMALPhone 01/10/19 17:59 Agency Assist 2019002789 Warrant - Arrest WCSOP19001 AGASSIST ne 01/26/1912:19 Animal 2019007131 Animal WCSOP19002661 Phone 01/16/19 14:11 Agency Assist 2019004448 Agency Assist WCSOSR019 01649AGAS 01/27/1914:08 Animal 2019007412 Animal IST 01/17/19 02:20 Agency Assist 2019004617 Agency Assist ne WCSOP19001 AG ASSIST 01/22/19 10:11 Agency Assist 2019005951 hne Phone AGASSIST 01/24/19 15:52 Agency Assist 2019006598 Agency Assist WCSOP19002 AGASSIST ne 01/25/19 23:11 Agency Assist 2019007000 Agency Assist WCSOP1900260�p Phone AGASSIST 01/26/19 02:14 Agency Assist 2019007036 Agency Assist WCSOP19002 177ASSIPhone 01/26/19 20:08 Agency Assist 2019007243 Agency Assist WCSOP19002 AG2ASSISTher 01/29/19 13:25 Agency Assist 2019007858 Agency Assist WCSOP19002 AGASSIPhone 01/30/19 10:20 Agency Assist 2019008109 Warrant - Arrest WCSOP19003 AGASSIST ne Agency Assist; MVA - Injuries Total: 1 01/22/19 06:24 Agency Assist; MVA - 2019005917 Phone AGASSIST; MVAINJ Alarm Total: 5 01/19/19 07:39 Alarm 2019005219 Alarm WCSOP19001916 Phone ANIMAL ALARM Animal 01/25/1919:11 Alarm 2019006923 Alarm WCSOP19002587 911 ANIMAL 01/23/19 09:11 Animal ALARM 01/26/1911:57 Alarm 2019007127 Alarm WCSOP19002659 911 01/23/1910:31 Animal 2019006231 Animal ALARM 01/30/19 02:39 Alarm 2019008043 Alarm WCSOP19003053 911 2019006784 Phone ALARM 01/30/19 05:38 Alarm 2019008058 Alarm WCSOP19003059 911 3gIMAL WCSOP19002ANIMALPhone ALARM Animal Total: 9 01/05/1918:56 Animal 2019001389 Animal WCSOP19000510 Phone ANIMAL 01/06/1910:55 Animal 2019001551 Phone ANIMAL 01/23/19 09:11 Animal 2019006205 Phone ANIMAL 01/23/1910:31 Animal 2019006231 Animal WCSOP19002314 Phone ANIMAL 01/25/19 08:41 Animal 2019006784 Phone ANIMAL 01/25/1911:27 Animal 2019006808 Animal 3gIMAL WCSOP19002ANIMALPhone 01/26/1912:19 Animal 2019007131 Animal WCSOP19002661 Phone ANIMAL 01/27/1914:08 Animal 2019007412 Animal WCSOP19002771 Phone ANIMAL ZUERCHER Page 4 of 37 Incident Start Date/Time Initial Call 01/28/1913:37 Animal Animal - Abuse Total: 2 01/29/19 09:35 Animal - Abuse 01/29/1914:41 Animal - Abuse Animal - Barking Dog Total: 1 01/16/19 19:17 Animal - Barking Dog CFS # Final Incident 2019007610 Animal 2019007815 Animal - Abuse 2019007872 Animal - Abuse 2019004528 Animal - Barking Dog Animal - Bites - Attacks Total: 2 01/09/19 16:54 Animal - Bites - Attacks 2019002457 Animal - Bites - Attacks 01/27/19 21:16 Animal - Bites - Attacks 2019007483 Animal - Bites - Attacks Assault Total: 1 01/13/1915:50 Assault Burglary Total: 1 01/05/1916:20 Burglary Check Welfare Total: 20 01/01/19 05:22 Check Welfare 01/01/19 19:33 Check Welfare 01/03/19 14:55 Check Welfare 01/05/19 00:28 Check Welfare 01/05/19 11:38 Check Welfare 01/05/19 14:07 Check Welfare 01/05/19 20:35 Check Welfare 01/08/19 14:37 Check Welfare 01/09/19 11:32 Check Welfare 01/09/19 19:57 Check Welfare 01/10/19 16:08 Check Welfare 01/12/19 03:04 Check Welfare 01/12/19 12:31 Check Welfare 01/12/19 20:02 Check Welfare 01/13/19 16:56 Check Welfare 01/16/19 21:52 Check Welfare 01/19/19 12:37 Check Welfare 01/28/19 14:55 Check Welfare 2019003618 Assault 2019001335 Theft 2019000045 2019000167 2019000688 2019001171 2019001272 2019001302 2019001420 2019002129 2019002371 2019002519 2019002739 2019003217 2019003294 2019003411 2019003640 2019004573 2019005282 2019007633 Check Welfare Check Welfare Check Welfare Check Welfare Domestic Disturbance Medical - Psychiatric - Medical - Psychiatric - Check Welfare Check Welfare Check Welfare Check Welfare Check Welfare Check Welfare Check Welfare Check Welfare Check Welfare Check Welfare Check Welfare Case Number Codes How Reported WCSOP19002862 Phone ANIMAL WCSOP19002 ANABUSE one WCSOP19002 ANABUSE one WCSOP19001 ANBARK hone WCSOP19000 ANPhone 7BITE WCSOP19002 ANBITE Phone WCSOP19001 46Phone AS WCSOP19000 BURG Phone WCSOP19000 277KWEPhone CHLF WCSOP19000 CHKWEPFone WCSOP19000 CHKWEPFone WCSOP19000 CHg11 CHKWELF CHKWEPFone WCSOP19000 CHKWEPFone WCSOP19000 CHKWEPFone WCSOP19000 CHKWEPFone WCSOSR019080903 Phone HKWELF WCSOP19000 CHKWEPFone WCSOP19001 CHKWEPFone WCSOP19001188 Phone CHKWELF WCSOP19001 277KWEPhone CHLF WCSOP19001 CHKWEPFone WCSOP19001354 Phone CHKWELF WCSOP19001 CHKWEPFone WCSOP19001 CHKWEPFone WCSOP19002 CHKWEPFone ZUERCHER Page 5 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/28/19 16:45 Check Welfare 2019007666 Medical - Psychiatric - WCSOP19002 94Phone CHKWELF 01/30/19 17:02 Check Welfare 2019008198 Check Welfare WCSOP19003107 Phone CHKWELF Check Welfare; Medical - Psychiatric - Behavioral Total: 1 01/31/19 20:54 Check Welfare; Medical 2019008500 Check Welfare WCSOP1900328 Phone HKWELF; MPSYCH Check Welfare; Medical - Unconscious - Fainting Total: 1 01/01/19 18:14 Check Welfare; Medical 2019000155 Death Investigation - Check Welfare; Missing Person Total: 1 01/17/19 16:53 Check Welfare; Missing 2019004794 Check Welfare Check Welfare; Phone Call Total: 1 01/15/19 20:57 Check Welfare; Phone 2019004298 Check Welfare Check Welfare; Suspicious - Circumstances Total: 1 01/12/19 14:26 Check Welfare; 2019003322 Check Welfare Citizen Aid Total: 8 01/03/19 08:09 Citizen Aid 01/04/19 18:53 Citizen Aid 01/04/19 20:45 Citizen Aid 01/06/19 21:46 Citizen Aid 01/13/19 16:57 Citizen Aid 01/18/19 18:23 Citizen Aid 01/19/19 11:52 Citizen Aid 01/19/19 20:13 Citizen Aid Civil Complaint Total: 15 01/01/19 14:18 Civil Complaint 01/03/19 17:27 Civil Complaint 01/04/19 09:30 Civil Complaint 01/05/19 21:53 Civil Complaint 01/07/19 09:34 Civil Complaint 01/10/19 09:00 Civil Complaint 01/10/19 10:11 Civil Complaint 01/12/19 10:26 Civil Complaint 01/20/19 14:58 Civil Complaint 01/24/19 10:52 Civil Complaint WCSOP19000081 Phone CHKWELF; WCSOP19001775 Phon CHKWELF; M?SSPER WCSOP19001600 Oh r CHKWEL ; �H WCSOP19001?C3HKWELFPKSPCIRC 2019000571 Citizen Aid WCSOP19000219 Phone CITAID 2019001079 Citizen Aid WCSOP19000418 911 CITAID 2019001106 Citizen Aid WCSOP19000 911 CITAID 2019001690 Citizen Aid WCSOP1900062,5Phone TAID 2019003641 Citizen Aid WCSOP19001353 Phone CITAID 2019005091 911 CITAID 2019005271 Citizen Aid WCSOP19001936 Phone CITAID 2019005384 Citizen Aid WCSOP19001977 911 CITAID 2019000106 Civil Complaint WCSOP190000R Phone 2019000737 Civil Complaint WCSOP190002C8V Phone 2019000917 Civil Complaint WCSOP19000 CIV 911 2019001442 Civil Complaint WCSOP190005C30 Phone 2019001774 Civil Complaint WCSOP190006K Phone 2019002634 Civil Complaint WCSOP19000 CIV Phone 2019002651 Civil Complaint WCSOP190009C93 Phone IV 2019003260 Civil Complaint WCSOP19001211,4 Phone 2019005563 Civil Complaint WCSOP19002 CIV Phone 2019006532 Civil Complaint WCSOP190024C36 Phone ZUERCHER Page 6 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/25/19 18:38 Civil Complaint 2019006918 Civil Complaint WCSOP19002 CIV Phone CIVPROCfficer 01/04/19 19:30 Civil Process 01/28/19 16:31 Civil Complaint 2019007658 Civil Complaint WCSOP19002 CIV Phone 01/08/19 13:18 Civil Process 2019002111 fficer 01/29/19 19:00 Civil Complaint 2019007953 Civil Complaint WCSOP19003 09 Phone CIVPROC Civ Civil Process 01/30/19 01:33 Civil Complaint 2019008038 Civil Complaint WCSOP190030C49 911 01/09/19 16:39 Civil Process 2019002451 01/31/19 11:10 Civil Complaint 2019008365 Civil Complaint WCSOP19003 77 Phone CIVPROCfficer Civ Civil Process Civil Complaint; Criminal Damage to Property Total: 1 01/15/19 13:18 Civil Complaint; 2019004159 Civil Complaint WCSOP19001556 Phone CIVPROQpfficer 01/16/19 08:24 CIV; CDP Civil Complaint; Phone Call Total: 1 01/16/19 15:42 Civil Complaint; Phone 2019004480 Civil Complaint WCSOP19001665 Phone CIV: PH Civil Complaint; Theft - Gas Drive Off Total: 1 01/06/19 20:55 Civil Complaint; Theft - 2019001682 Civil Complaint WCSOP19000623 Ph ne CIV: THEF�GAS Civil Process Total: 26 01/04/19 10:24 Civil Process 2019000931 CIVPRO?pfficer 01/04/19 12:43 Civil Process 2019000977 CIVPROCfficer 01/04/19 19:30 Civil Process 2019001086 Officer CIVPROC 01/08/19 13:18 Civil Process 2019002111 fficer CIVPROCpp 01/08/19 20:40 Civil Process 2019002236 CIVPROC 01/09/19 15:33 Civil Process 2019002429 Officer CIVPROC 01/09/19 16:39 Civil Process 2019002451 CIVPRO?pfficer 01/10/19 14:07 Civil Process 2019002703 CIVPROCfficer 01/14/19 09:12 Civil Process 2019003789 Officer CIVPROC 01/15/19 10:51 Civil Process 2019004113 CIVPROQpfficer 01/16/19 08:24 Civil Process 2019004381 CIVPROCfficer 01/16/19 12:21 Civil Process 2019004425 Officer CIVPROC 01/17/19 13:35 Civil Process 2019004729 CIVPROQpfficer 01/18/19 09:31 Civil Process 2019004961 CIVPROCfficer 01/18/19 12:45 Civil Process 2019005008 Officer CIVPROC 01/22/19 13:20 Civil Process 2019005998 CIVPR02pfficer 01/23/19 15:02 Civil Process 2019006302 CIVPROCfficer 01/23/19 18:11 Civil Process 2019006354 Officer CIVPROC 01/24/19 16:04 Civil Process 2019006602 CIVPR02pfficer 01/24/19 16:27 Civil Process 2019006608 CIVPROCfficer ZUERCHER Page 7 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/25/19 11:15 Civil Process 2019006803 2019000185 01/02/19 03:00 Commercial General 2019000228 01/02/19 09:04 Commercial General CIVPR02officer 01/30/19 14:11 Civil Process 2019008162 01/09/19 06:21 Commercial General 2019002300 01/10/19 00:44 Commercial General 2019002582 CIVPROCfficer 01/30/19 14:22 Civil Process 2019008165 Commercial General Officer 01/18/19 20:09 Commercial General 2019005118 01/19/19 22:13 CIVPROC 01/30/19 15:42 Civil Process 2019008183 2019005714 01/23/19 00:43 Commercial General 2019006159 01/24/19 05:33 Commercial General CIVPR02officer 01/31/19 10:55 Civil Process 2019008357 01/24/19 20:42 Commercial General 2019006682 01/29/19 06:27 Commercial General 2019007782 CIVPROCfficer 01/31/19 15:33 Civil Process 2019008415 ALARM Officer Commercial General Alarm WCSOP19001881 Phone CIVPROC Commercial Fire Alarm Total: 5 Commercial General Alarm WCSOP19001984 Phone 01/23/19 08:20 Commercial Fire Alarm 2019006193 Commercial Fire Alarm WCSOP19002293 Phone Phone ALARM A2�LARM 01/24/19 07:21 Commercial Fire Alarm 2019006497 Commercial Fire Alarm WCSOP19002 Phone Commercial General Alarm WCSOP19002415 Phone ALARM 01/31/19 13:48 Commercial Fire Alarm 2019008388 Commercial Fire Alarm WCSOP19003187 Phone ALARM Commercial General Alarm WCSOP19002492 ALARM 01/31/19 17:18 Commercial Fire Alarm 2019008447 Commercial Fire Alarm WCSOP19003209 Phone Phone ALARM ALARM 01/31/19 18:10 Commercial Fire Alarm 2019008458 Commercial Fire Alarm WCSOP190032A15 Phone Commercial General Alarm Total: 23 01/01/19 12:57 Commercial General 2019000088 01/01/19 13:46 Commercial General 2019000097 01/01/19 20:53 Commercial General 2019000185 01/02/19 03:00 Commercial General 2019000228 01/02/19 09:04 Commercial General 2019000277 01/08/19 09:01 Commercial General 2019002050 01/09/19 06:21 Commercial General 2019002300 01/10/19 00:44 Commercial General 2019002582 01/13/19 14:50 Commercial General 2019003604 01/14/19 05:58 Commercial General 2019003761 01/18/19 20:09 Commercial General 2019005118 01/19/19 22:13 Commercial General 2019005412 01/21/19 06:11 Commercial General 2019005714 01/23/19 00:43 Commercial General 2019006159 01/24/19 05:33 Commercial General 2019006486 01/24/19 19:27 Commercial General 2019006667 01/24/19 20:42 Commercial General 2019006682 01/29/19 06:27 Commercial General 2019007782 01/30/19 04:43 Commercial General 2019008051 Commercial General Alarm WCSOP19000050 Phone ALARM Commercial General Alarm WCSOP19000056 Phone ALARM Commercial General Alarm WCSOP19000090 Phone ALARM Commercial General Alarm WCSOP19000106 Phone ALARM Commercial General Alarm WCSOP19000126 Phone ALARM Commercial General Alarm WCSOP19000787 Phone ALARM Commercial General Alarm WCSOP19000879 Phone ALARM Commercial General Alarm WCSOP19000961 Phone ALARM Commercial General Alarm WCSOP19001345 Phone ALARM Commercial General Alarm WCSOP19001401 Phone ALARM Commercial General Alarm WCSOP19001881 Phone ALARM Commercial General Alarm WCSOP19001984 Phone ALARM Commercial General Alarm WCSOP19002097 Phone ALARM Commercial General Alarm WCSOP19002276 Phone ALARM Commercial General Alarm WCSOP19002415 Phone ALARM Commercial General Alarm WCSOP19002485 Phone ALARM Commercial General Alarm WCSOP19002492 Phone ALARM Commercial General Alarm WCSOP19002934 Phone ALARM Commercial General Alarm WCSOP19003057 Phone ALARM ZUERCHER Page 8 of 37 Incident Start Date/Time Initial Call CFS # 01/30/19 09:24 Commercial General 2019008098 01/31/19 04:10 Commercial General 2019008304 01/31/19 05:24 Commercial General 2019008308 01/31/19 21:17 Commercial General 2019008506 Court Order Violation Total: 3 Final Incident Case Number Codes How Reported Commercial General Alarm WCSOP19003068 Phone 01/28/19 18:02 ALARM 2019007682 Commercial General Alarm WCSOP19003152 Phone 2019003161 ALARM WCSOP19001 DI1 911 Commercial General Alarm WCSOP19003153 Phone Domestic Disturbance ALARM 01/13/19 20:32 Commercial General Alarm WCSOP19003230 Phone WCSOP190013DISORD 11 ALARM Domestic Disturbance 01/02/19 18:43 Court Order Violation 2019000436 Court Order Violation WCSOP190001C55V 8Phone 01/21/19 15:00 Court Order Violation 2019005799 Court Order Violation WCSOP19002134 Phone COV 01/31/19 16:16 Court Order Violation 2019008428 Court Order Violation WCSOP19003201 Phone COV Criminal Damage to Property Total: 4 01/10/19 08:27 Criminal Damage to 2019002632 01/16/19 16:45 Criminal Damage to 2019004498 01/28/19 18:02 Criminal Damage to 2019007682 01/30/19 10:20 Criminal Damage to 2019008108 Civil Complaint WCSOP190009C88P Phone Criminal Damage to Property WCSOP190016C722P Phone Criminal Damage to Property WCSOP19002 CDP Criminal Damage to Property WCSOP190030C7a Phone CSC Sex Offense Total: 1 01/23/19 07:23 CSC Sex Offense 2019006184 CSC Sex Offense WCSOP190022C8S9C Phone Disorderly Total: 5 01/07/1915:55 Disorderly 2019001860 Disorderly WCSOSR019000707 01/04/19 20:03 Domestic Disturbance 2019001093 Domestic Disturbance DISORD 01/11/19 22:28 Disorderly 2019003161 Disorderly WCSOP19001 DI1 911 01/05/19 20:46 Domestic Disturbance 2019001424 Domestic Disturbance WCSOP19000523 911 01/13/19 20:32 Disorderly 2019003702 Disorderly WCSOP190013DISORD 11 01/06/19 01:54 Domestic Disturbance 2019001496 Domestic Disturbance WCSOP190005D40MESTIC ne 01/23/1911:13 Disorderly 2019006244 Disorderly WCSOP19002317 911 01/10/19 19:08 Domestic Disturbance 2019002810 Domestic Disturbance DISORD 01/27/19 20:01 Disorderly 2019007467 Warrant - Arrest WCSOP19002 DISORDPhone 01/12/19 14:44 Domestic Disturbance 2019003326 Domestic Disturbance WCSOP19001241 Phone Divert Hospital Total: 1 01/31/19 21:27 Divert Hospital 2019008508 DIVERT Phone Domestic Disturbance Total: 12 01/01/19 02:13 Domestic Disturbance 2019000024 Domestic Disturbance WCSOP190000D10MESTIC 01/04/19 20:03 Domestic Disturbance 2019001093 Domestic Disturbance WCSOP19000421 911 DOMESTIC 01/05/19 20:46 Domestic Disturbance 2019001424 Domestic Disturbance WCSOP19000523 911 DOMESTIC 01/06/19 01:54 Domestic Disturbance 2019001496 Domestic Disturbance WCSOP190005D40MESTIC ne 01/10/19 19:08 Domestic Disturbance 2019002810 Domestic Disturbance WCSOP19001049 Phone DOMESTIC 01/12/19 14:44 Domestic Disturbance 2019003326 Domestic Disturbance WCSOP19001241 Phone DOMESTIC 01/13/19 19:21 Domestic Disturbance 2019003687 Domestic Disturbance WCSOP190013D6g9MES OOTIhC 01/16/19 23:59 Domestic Disturbance 2019004596 Domestic Disturbance WCSOP19001 DOMESTICone ZUERCHER Page 9 of 37 Incident Start Date/Time 01/20/19 22:36 01/24/19 00:48 01/26/19 03:44 01/30/19 17:08 Initial Call Domestic Disturbance Domestic Disturbance Domestic Disturbance Domestic Disturbance CFS # Final Incident 2019005676 Domestic Disturbance 2019006456 Domestic Disturbance 2019007052 Domestic Disturbance 2019008202 Domestic Disturbance Domestic Disturbance; Pursuit Total: 1 01/26/19 21:13 Domestic Disturbance; 2019007267 DUI Drugs Total: 4 Case Number Codes ggHow Reported WCSOP190020D735MES OOTIhC WCSOP19002 DOMESTICone WCSOP19002 22M 911 ES WCSOP19003 D2OMESTIC ne WCSOP19002711 �11 DOMES IC; PURSUIT 01/02/19 14:22 Drugs 2019000351 Drugs WCSOP19000 DRUGS Phone 911 01/12/19 15:35 Fight 2019003340 Suspicious - Circumstances 01/08/1918:30 Drugs 2019002199 Check Welfare WCSOP19000 455UGSPhone Fight WCSOP19001 FI33 911 DR 01/14/19 18:10 Drugs 2019003936 Suspicious - Circumstances WCSOP19001 DRUGS Phone Fight 2019007443 Medical - Psychiatric - WCSOP19002 FIGHT Phone 01/21/1912:25 Drugs 2019005776 Drugs WCSOP19002121 Phone 911 DRUGS Dumping Total: 1 01/03/19 08:12 Dumping 2019000573 Dumping WCSOPARK1 DUMP NG Extra Patrol Total: 1 01/28/19 14:00 Extra Patrol 2019007611 Extra Patrol WCSOP19002864 Phone XP Fight Total: 5 01/07/1914:59 Fight 2019001839 Fight WCSOP19000$119GHT 911 01/12/19 15:35 Fight 2019003340 Suspicious - Circumstances WCSOP19001 MHT 911 01/13/19 02:25 Fight 2019003502 Fight WCSOP19001 FI33 911 01/27/19 16:50 Fight 2019007443 Medical - Psychiatric - WCSOP19002 FIGHT Phone 01/28/19 20:13 Fight 2019007708 Fight WCSOP19002MI-IT 911 Fire - Burn Permit Total: 2 01/15/19 10:14 Fire - Burn Permit 01/23/19 09:34 Fire - Burn Permit Fire - Gas Leak Total: 1 01/05/19 19:06 Fire - Gas Leak Fire - Grass Total: 1 01/07/19 17:46 Fire - Grass Fire - Smoke - Odor Total: 3 01/03/19 18:16 Fire - Smoke - Odor 01/19/19 18:03 Fire - Smoke - Odor 2019004104 FBURN Phone 2019006213 FBURN Phone 2019001391 Fire - Gas Leak WCSOP19000 VGASLEAK Phone 2019001894 Fire - Grass WCSOP19000724 Phone FGRASS 2019000758 Fire - Smoke - Odor WCSOP190002�9SMOKE 11 2019005347 Fire - Smoke - Odor WCSOP19001973 911 FSMOKE ZUERCHER Page 10 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes gHow Reported 01/31/19 17:38 Fire - Smoke - Odor 2019008452 Fire - Smoke - Odor WCSOP19003 FSMOKE 11 Fire - Structure Total: 1 01/29/19 01:44 Fire - Structure Fire - Vehicle Total: 2 01/15/19 10:15 Fire - Vehicle 01/19/19 11:43 Fire - Vehicle Fireworks Total: 2 2019007757 Fire - Structure 2019004105 Fire - Vehicle 2019005267 Fire - Vehicle WCSOP19002927TRUCTURE WCSOP19001 FVEHICLEone WCSOP19001 FVEHICLEone 01/01/19 00:07 Fireworks 2019000001 Fireworks 911� WCSOP190000FOREWORKS Fraud - Forgery 01/25/19 14:08 Fraud - Forgery 01/25/19 16:18 Fraud - Forgery 01/01/19 00:20 Fireworks 2019000003 Fireworks WCSOP19000$ EWge ORK Fraud - Checks - Cards Total: 3 Fraud - Forgery ppOhhRG WCSOP19002 4AUD-Ph-o 2019006869 01/03/19 14:36 Fraud - Checks - Cards 2019000677 Fraud - Checks - Cards WCSOP19000 pp 2019001260 Fraud - Internet WCSOP19000474 Phone FRAUDCHone 01/14/19 13:56 Fraud - Checks - Cards 2019003861 Fraud - Checks - Cards WCSOP19001444 911 AUDINT 2019000278 FRgAUDCH 01/24/19 15:35 Fraud - Checks - Cards 2019006593 Fraud - Checks - Cards WCSOP19002 Fg911 FUNERAL R Fraud - Forgery Total: 5 01/09/19 14:52 Fraud - Forgery 01/10/19 16:32 Fraud - Forgery 01/22/19 21:58 Fraud - Forgery 01/25/19 14:08 Fraud - Forgery 01/25/19 16:18 Fraud - Forgery Fraud - Internet Total: 2 01/05/19 10:41 Fraud - Internet 01/14/19 01:07 Fraud - Internet Funeral Escort Total: 2 01/02/19 09:09 Funeral Escort 01/10/19 09:05 Funeral Escort Gun Incident Total: 1 01/13/19 21:00 Gun Incident Harassment Total: 8 01/08/1912:41 Harassment 01/09/1916:52 Harassment 01/12/19 03:09 Harassment 2019002414 Fraud - Forgery WCSOP190009Fp_2AUD-Ph-ou O 2019002757 Fraud - Forgery WCSOP19001026 Phone FRAUDFORG 2019006131 Fraud - Forgery WCSOP19002268 911 FRAUD 2019006833 Fraud - Forgery ppOhhRG WCSOP19002 4AUD-Ph-o 2019006869 Counterfeit Currency WCSOP19002 r11e FRAUDFOone RG 2019001260 Fraud - Internet WCSOP19000474 Phone FRAUDINT 2019003743 Fraud InternetWCSOP190011 ne AUDINT 2019000278 FUNERAL 2019002635 FUNERAL 2019003705 Noise 2019002103 Unwanted Person 2019002455 Fraud - Internet 2019003218 Harassment WCSOP19001 GUN 911 WCSOP19000iH1ARASS hone WCSOP1900093ARASS hone WCSOP19001 HARASS hone ZUERCHER Page 11 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/12/1914:45 Harassment 2019003329 Harassment WCSOP19001246 Phone 01/06/19 11:13 Info 2019001553 Juvenile - Complaint HARASS 01/15/1911:04 Harassment 2019004115 Harassment WCSOP19001533 Phone 01/06/19 23:50 Info 2019001703 Juvenile - Complaint HARASS 01/22/19 20:12 Harassment 2019006101 Harassment WCSOP19002258 Phone 01/18/19 23:19 Info 2019005170 Juvenile - Complaint HARASS 01/22/19 22:55 Harassment 2019006149 Fraud - Internet WCSOP19002271 911 01/24/1913:32 Info 2019006560 Info WCSOP190024* HARASS 01/27/19 00:17 Harassment 2019007309 Harassment WCSOP19002728 Phone 01/14/19 17:45 Juvenile - Complaint 2019003923 Medical - Psychiatric - HARASS Harassment; Civil Process Total: 1 Juvenile - Complaint 2019004231 01/05/19 15:13 Harassment; Civil 2019001314 Harassment WCSOP19000487 Phone 01/16/19 14:58 Juvenile - Complaint HARASS; CIVPROC Info Total: 5 01/03/19 20:57 Info 2019000810 Juvenile - Complaint Phone INFO 01/06/19 11:13 Info 2019001553 Juvenile - Complaint Phone INFO 2 01/06/19 23:50 Info 2019001703 Juvenile - Complaint Phone INFO 01/18/19 23:19 Info 2019005170 Juvenile - Complaint Phone INFO 01/24/1913:32 Info 2019006560 Info WCSOP190024* Phone Info; Disabled Vehicle Total: 1 55 pphh 01/29/19 23:16 Info; Disabled Vehicle 2019008025 Disabled Vehicle WCSOP19003g4F0 DISAo LVEH Intoxicated Person Total: 1 01/13/19 00:38 Intoxicated Person 2019003482 Intoxicated Person WCSOP19001292 911 INTOXPER Juvenile -Complaint Total: 11 01/05/19 15:18 Juvenile - Complaint 2019001316 Juvenile - Complaint WCSOP190004J 9 Phone 01/05/19 17:53 Juvenile - Complaint 2019001362 Juvenile - Complaint WCSOP19000 J Phone 2 01/08/19 15:09 Juvenile - Complaint 2019002137 Juvenile - Complaint WCSOSR019000VCOMP 01/09/19 08:33 Juvenile - Complaint 2019002330 Juvenile - Complaint WCSOP19000811UUUVCOM hone 01/11/19 16:28 Juvenile - Complaint 2019003054 Juvenile - Complaint WCSOP19001 J 9 Phone 01/14/19 17:45 Juvenile - Complaint 2019003923 Medical - Psychiatric - WCSOP19001 4j&COnP�ione 01/15/19 17:35 Juvenile - Complaint 2019004231 Juvenile - Complaint WCSOP190015J 3 Phone 01/16/19 14:58 Juvenile - Complaint 2019004460 Juvenile - Complaint WCSOP19001815�,5 Phone 01/22/19 18:27 Juvenile - Complaint 2019006069 Warrant - Arrest WCSOP190022J4lJVCOM done 01/23/19 10:25 Juvenile - Complaint 2019006229 Juvenile - Complaint WCSOSR0190 2311 JUVCOMP 01/29/19 00:53 Juvenile - Complaint 2019007750 Juvenile - Complaint WCSOP190029 5 Phone Kidnapping - Unlawful Custody Total: 1 01/13/19 04:41 Kidnapping - Unlawful 2019003511 Suspicious -Circumstances WCSOP19001 110 NAP911 ZU=RCHER Page 12 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Lock Out - Lock In Total: 3 01/09/19 18:17 Lock Out - Lock In 2019002479 Lock Out - Lock In 01/13/19 18:38 Lock Out - Lock In 2019003674 Lock Out - Lock In 01/27/19 21:31 Lock Out - Lock In 2019007485 Lock Out - Lock In Lock Out - Lock In; Dispatch - CAD Total: 1 01/22/19 13:24 Lock Out - Lock In; 2019006000 Lock Out - Lock In Lost - Found Property Total: 9 01/07/19 14:53 WCSOP19001 LOSTPROP Lost - Found Property 2019001838 01/11/19 19:52 Lost - Found Property Lost - Found Property 2019003116 01/15/19 09:15 WCSOP1900280STPROP Lost - Found Property 2019004094 01/18/19 09:29 Lost - Found Property 2019004960 01/20/19 19:21 Lost - Found Property 2019005629 01/22/19 09:57 Lost - Found Property 2019005949 01/22/19 15:23 Lost - Found Property 2019006022 01/25/19 09:15 Lost - Found Property 2019006788 01/26/19 22:25 Lost - Found Property 2019007283 Medical - Abdominal Pain Total: 2 Case Number Codes How Reported WCSOP19000944 LOCK WCSOP19001T63911 OCK WCSOP190028 4 Phone WCSOP19002220 Phone LOCK; DISPCAD Lost - Found Property WCSOP1900080STPROP Lost - Found Property V60 Lost - Found Property WCSOP19001 LOSTPROP Lost - Found Property WCSOP19001 LOSTPROP Lost - Found Property WCSOP19002T60 Lost - Found Property WCSOP19002 LOSTPROP Lost - Found Property WCSOP19002 LOSTPROP Lost - Found Property WCSOP1900280STPROP Fraud - Financial Transaction WCSOP19002 LGSTPROP 01/09/1916:35 Medical - Abdominal 2019002449 911 MABDOMINAL 01/18/19 22:18 Medical - Abdominal 2019005153 Medical - Abdominal Pain WCSOP19001 VABDOMINAL 911 Medical - Allergies - Stings Total: 1 01/05/19 10:59 Medical - Allergies - 2019001263 Medical - Allergies - Stings WCSOP19000tRLLERGI9 Medical - Back Pain Total: 2 01/04/19 08:37 Medical - Back Pain 2019000902 Medical - Back Pain WCSOP19000331 911 MBACK 01/28/19 11:20 Medical - Back Pain 2019007589 Medical - Back Pain WCSOP19002852 Phone MBACK Medical - Bleeding - Lacerations Total: 2 01/16/19 09:06 Medical - Bleeding - 2019004390 01/30/19 13:22 Medical - Bleeding - 2019008154 Medical - Breathing Problems Total: 6 01/09/19 19:34 Medical - Breathing 2019002510 01/20/19 12:12 Medical - Breathing 2019005524 01/20/19 23:31 Medical - Breathing 2019005684 01/22/19 18:34 Medical - Breathing 2019006073 MBLEEDING e MBLEEDING Medical - Breathing Problems WCSOP19000 MBREATHING Medical - Breathing Problems WCSOP19002 MBREAT11 HING 9 Medical - Breathing Problems WCSOP19002VIRREATHING MBREATHING ZUERCHER Page 13 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes Reported 01/23/19 05:44 Medical - Breathing 2019006177 ggHow Medical - Breathing Problems WCSOP19002285REATHING 01/25/19 22:01 Medical - Breathing 2019006976 Medical - Breathing Problems WCSOP19002604 911 01/15/19 20:28 Medical - Fall Under 6 2019004289 MBREATHING Medical - Carbon Monoxide Inhalation Total: 2 01/29/19 23:08 Medical - Carbon 2019008024 Medical -Carbon Monoxide WCSOP19003 MCARB ONOX Phone 01/30/19 07:39 Medical - Carbon 2019008077 WALL Medical - Fall Under 6 Feet MCARBMOI�1n�X Medical - Chest Pain Total: 4 01/03/19 16:37 Medical - Chest Pain 01/16/19 05:50 Medical - Chest Pain 01/18/19 08:00 Medical - Chest Pain 01/21/19 21:36 Medical - Chest Pain Medical - Diabetic Total: 1 01/07/19 18:05 Medical - Diabetic 2019000722 Medical - Heart Problems 2019004357 Medical - Chest Pain 2019004933 Medical - Chest Pain 2019005872 Medical - Chest Pain 2019001901 Medical - Diabetic Medical - Fall Under 6 Feet Total: 8 01/03/19 11:33 Medical - Fall Under 6 2019000628 01/06/19 10:39 Medical - Fall Under 6 2019001548 01/14/19 18:06 Medical - Fall Under 6 2019003934 01/14/19 20:56 Medical - Fall Under 6 2019003994 01/15/19 20:28 Medical - Fall Under 6 2019004289 01/18/19 11:28 Medical - Fall Under 6 2019004995 01/18/19 12:23 Medical - Fall Under 6 2019005004 01/24/19 08:39 Medical - Fall Under 6 2019006507 WCSOP1900028p3 HESTPone WCSOP19001 MMCCHESTPI WCSOP19001 NICHEST11 WCSOP19002WHEOP11 WCSOP19000WIABEP Cne Medical - Fall Under 6 Feet WCSOP19000240 911 911 MTRANSPORT WALL Medical - Non Medical - Fall Under 6 Feet WCSOP19000572 911 Medical - Non WALL Medical - Non Emergency WCSOP1900237-6 ggPORT Medical - Fall Under 6 Feet WCSOP19001WALL 911 Medical - Fall Under 6 Feet WCSOP19001490 Phone 2019008006 WALL ZUERCHER Medical - Fall Under 6 Feet WCSOP19001597 Phone WALL Medical - Fall Under 6 Feet WCSOP19001 MFALL 911 911 WALL 911 WALL Medical - Fall Under 6 Feet; Citizen Aid Total: 1 01/18/19 20:39 Medical - Fall Under 6 2019005124 Medical - Fall Under 6 Feet WCSOP19001 U4 911 FALL; CITAID Medical - Heart Problems Total: 2 01/13/19 12:17 Medical - Heart 2019003576 Medical - Heart ProblemsWCSOP19001MHEARThone 01/25/19 02:04 Medical - Heart 2019006732 Medical - Heart Problems WCSOP19002507 911 MHEART Medical - Non Emergency Transport Total: 5 01/19/19 10:41 Medical - Non 2019005249 911 MTRANSPORT 01/20/19 10:21 Medical - Non 2019005506 Phone MTRANSPO1RT 01/23/19 20:53 Medical - Non 2019006408 Medical - Non Emergency WCSOP1900237-6 ggPORT 01/27/19 17:28 Medical - Non 2019007450 911 MT3RANSggPORT 01/29/19 21:39 Medical - Non 2019008006 Medical - Non Emergency WCSOP190030M33RANSPORT ZUERCHER Page 14 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported Medical - Psychiatric - Behavioral Total: 11 01/09/19 11:49 Medical - Psychiatric - 2019002379 Medical - Psychiatric - WCSOP190009077SYCH hone 911 01/04/19 12:55 Medical - Sick 2019000982 MSEIZURE 01/09/19 19:56 Medical - Psychiatric - 2019002517 Drugs WCSOP19000U911 MS5ICK 01/05/19 19:43 PSYCH 01/10/19 17:34 Medical - Psychiatric - 2019002780 Medical - Psychiatric - WCSOP19001 MPSYCH hone S MMMSSEIZURE 01/12/19 19:48 Medical - Psychiatric - 2019003408 Medical - Psychiatric - WCSOP19001 72911 911 MPSYCH 01/13/19 18:49 Medical - Psychiatric- 2019003676 Medical - Unknown WCSOP1900T5PSYC9H11 01/13/19 19:23 Medical - Psychiatric - 2019003689 Medical - Psychiatric - WCSOP19001 MPSYCH hone 01/21/19 09:39 Medical - Seizure 2019005744 911 01/23/19 18:05 Medical - Psychiatric - 2019006351 Suicidal - Attempt - Threat WCSOP190023611 hone 01/22/19 11:02 Medical - Seizure 2019005965 Medical - Seizure SYCH 01/24/19 13:54 Medical - Psychiatric - 2019006566 Suspicious - Circumstances WCSOP19002VPSYCH hone 01/24/19 11:29 Medical - Seizure 2019006542 Medical - Sick 911 01/27/19 07:35 Medical - Psychiatric - 2019007358 Medical - Psychiatric - WCSOP19002 53911 01/24/19 19:47 Medical - Seizure 2019006671 Medical - Seizure MPSYCH 01/28/19 16:00 Medical - Psychiatric - 2019007650 Medical - Psychiatric - WCSOP19002UOSYC 911 01/30/19 16:39 Medical - Psychiatric - 2019008193 Medical - Psychiatric - WCSOP19003VPSYC 911 Medical - Seizure Total: 9 01/04/19 22:49 Medical - Seizure 2019001139 Medical - Seizure WCSOP19000 911 01/04/19 12:55 Medical - Sick 2019000982 MSEIZURE 01/08/19 22:05 Medical - Seizure 2019002254 Medical - Seizure WCSOP19000860 911 MS5ICK 01/05/19 19:43 MSEIZUggRE 01/12/19 08:43 Medical - Seizure 2019003243 Medical - Seizure WCSOP1900120g9EIZURE S MMMSSEIZURE 01/17/19 10:19 Medical - Seizure 2019004687 Medical - Seizure WCSOP19001 91 911 01/19/19 15:40 Medical - Seizure 2019005313 Medical - Seizure WCSOP19001959 911 Medical - Sick WCSOSR019 MSI5CK 911 01/18/19 11:15 MSEIZUgRE 01/21/19 09:39 Medical - Seizure 2019005744 911 MSICK MSSEIZURE 01/22/19 11:02 Medical - Seizure 2019005965 Medical - Seizure WCSOP19002 911 MSEIZURE 01/24/19 11:29 Medical - Seizure 2019006542 Medical - Sick 911 Medical - Sick WCSOP19001964 911 MSEIZUggRE 01/24/19 19:47 Medical - Seizure 2019006671 Medical - Seizure WCSOP19002486EIZURE Medical - Sick Total: 13 01/02/19 03:18 Medical - Sick 2019000229 Medical - Sick WCSOP19000VZICK 911 01/04/19 12:55 Medical - Sick 2019000982 Medical - Sick WCSOP19000 911 MS5ICK 01/05/19 19:43 Medical - Sick 2019001411 Medical - Sick WCSOP190005M1SICK 911 S 01/05/19 21:03 Medical - Sick 2019001430 911 MSICK 01/07/19 08:15 Medical - Sick 2019001758 Medical - Sick WCSOSR019 MSI5CK 911 01/18/19 11:15 Medical - Sick 2019004992 911 MSICK 01/18/19 15:21 Medical - Sick 2019005043 911 MSICK 01/19/19 17:07 Medical - Sick 2019005333 Medical - Sick WCSOP19001964 911 MSICK 01/22/19 12:54 Medical - Sick 2019005994 Medical - Sick WCSOP19002 MSICK 911 ZUERCHER Page 15 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/23/19 12:56 Medical - Sick 2019006268 01/09/19 02:10 911 2019002283 Medical - Unconscious - 01/22/19 21:58 MSICK 2019006132 01/29/19 04:44 Medical - Sick 2019007765 Medical - Sick WCSOP19002 3S 911 MOTORAID 01/19/19 10:24 01/29/19 06:39 Medical - Sick 2019007785 Medical - Sick WCSOP19002935 911 MOTORAID 01/19/1910:54 MSICK 2019005254 01/30/19 10:37 Medical - Sick 2019008110 911 01/26/19 17:34 Motorist Aid 2019007202 MSICK Medical - Stroke Total: 2 01/14/19 20:07 Medical - Stroke 01/17/19 04:15 Medical - Stroke Medical - Trauma Total: 1 01/03/19 16:34 Medical - Trauma 2019003983 Medical - Stroke 2019004622 Medical - Stroke 2019000721 Medical - Trauma Medical - Unconscious - Fainting Total: 4 01/07/19 00:09 Medical - Unconscious - 2019001708 Death Investigation - 01/08/19 05:48 Medical - Unconscious - 2019002016 Medical - Unconscious - 01/09/19 02:10 Medical - Unconscious - 2019002283 Medical - Unconscious - 01/22/19 21:58 Medical - Unconscious - 2019006132 Medical - Unconscious - WCSOP19001 MSTROKEI WCSOP19001 M 911 STRO WCSOP19000 M2 91 WCSOP19000F3UNCONSCIOUS WCSOP19000 MUNCONSCIOUS WCSOP19000871 911 MUNCONSCIOUS WCSOF`19002265 911 Medical - Unknown Total: 1 gg 01/02/19 15:03 Medical - Unknown 2019000371 Medical - Unknown WCSOP190001_FjUNKNOWN Missing Person Total: 4 01/08/19 19:38 Missing Person 2019002220 Check Welfare WCSOP19000UISSPERone h 01/09/19 15:13 Missing Person 2019002421 Missing Person WCSOP19000 MIS911 SPE 01/15/19 03:01 Missing Person 2019004049 Medical - Sick WCSOP19001 MISallrR' l SPEp 01/19/19 17:05 Missing Person 2019005332 Missing Person WCSOP19001V6 Rhone Motorist Aid Total: 7 01/04/19 18:13 Motorist Aid 2019001070 Phone MOTORAID 01/12/1918:43 Motorist Aid 2019003390 911 MOTORAID 01/13/19 11:31 Motorist Aid 2019003563 Phone MOTORAID 01/19/19 10:24 Motorist Aid 2019005246 MOTORAID 01/19/1910:54 Motorist Aid 2019005254 Officer MOTORAID 01/26/19 17:34 Motorist Aid 2019007202 Phone MOTORAID 01/30/19 15:35 Motorist Aid 2019008182 Officer MOTORAID MVA - Hit & Run Total: 4 01/06/19 08:34 MVA - Hit & Run 2019001529 MVA - Hit & Run WCSOP19000566 911 MVAHR 01/19/19 08:56 MVA - Hit & Run 2019005233 MVAHR ZUERCHER Page 16 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/22/19 12:38 MVA - Hit & Run 2019005988 MVA - Hit & Run WCSOP19002215 MVAHR 01/23/19 14:46 MVA - Hit & Run 2019006294 MVA - Hit & Run WCSOP19002338 911 MVAHR MVA - Injuries Total: 2 01/06/19 03:16 MVA - Injuries 2019001509 DUI - MVA WCSOP19000 MVAINJ911 01/08/1915:42 MVA - Injuries 2019002146 Agency Assist WCSOP190008M3VAINJ911 MVA - No Injuries Total: 24 01/04/19 16:31 MVA - No Injuries 2019001042 MVA - Injuries WCSOP190004 2 VA 01/06/19 18:14 MVA - No Injuries 2019001640 MVA - No Injuries WCSOP19000 08 IVIVA 01/08/19 07:07 MVA - No Injuries 2019002027 DUI - MVA WCSOP19000 MVA 911 01/08/19 17:20 MVA - No Injuries 2019002177 MVA - No Injuries WCSOP19000U42 VA 01/09/19 07:40 MVA - No Injuries 2019002315 MVA - No Injuries WCSOP19000 MVA 911 01/11/19 17:02 MVA - No Injuries 2019003066 MVA - No Injuries WCSOP19001 MVA 911 01/16/19 15:37 MVA- No Injuries 2019004475 MVA- No Injuries WCSOP19001(VA 01/18/19 13:18 MVA - No Injuries 2019005013 MVA - No Injuries WCSOP19001 MVA 01/18/19 18:24 MVA - No Injuries 2019005092 MVA - No Injuries WCSOP19001 MVA 911 01/18/19 18:29 MVA - No Injuries 2019005093 MVA - No Injuries WCSOP1900I 73 911 VA 01/19/19 12:17 MVA - No Injuries 2019005275 MVA - No Injuries WCSOP19001 37 IVIVA 01/20/19 16:13 MVA - No Injuries 2019005580 MVA - No Injuries WCSOP19002 MVA 911 01/22/19 14:14 MVA - No Injuries 2019006009 MVA - No Injuries WCSOP19002 MVA 01/22/19 14:18 MVA - No Injuries 2019006012 MVA - No Injuries WCSOP19002 MVA 01/23/19 16:10 MVA - No Injuries 2019006317 MVA - No Injuries WCSOP19002 MVA 01/24/19 08:48 MVA - No Injuries 2019006511 MVA - No Injuries WCSOP19002 MVA 01/24/19 17:04 MVA - No Injuries 2019006617 MVA - No Injuries WCSOP19002 MVA 911 01/26/19 14:14 MVA - No Injuries 2019007152 MVA - No Injuries WCSOP19002 MVA 01/28/19 05:48 MVA - No Injuries 2019007521 MVA - No Injuries WCSOP19002$23 911 VA 01/28/19 09:24 MVA - No Injuries 2019007561 MVA - No Injuries WCSOP19002 40 IVIVA 01/28/19 12:40 MVA - No Injuries 2019007601 MVA - No Injuries WCSOP19002 MVA 01/28/19 14:59 MVA - No Injuries 2019007636 MVA - No Injuries WCSOP19002UVA 01/29/19 19:23 MVA - No Injuries 2019007959 MVA - No Injuries WCSOP19003013 911 VA 01/31/19 20:30 MVA - No Injuries 2019008495 MVA - No Injuries WCSOP19003 MVA 911 MVA - No Injuries; Squad Damage Total: 1 01/15/19 21:16 MVA - No Injuries; 2019004303 MVA - No Injuries WCSOP19001 2 VA; SQD-DAMAGE ZU=RICHER Page 17 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported Noise Total: 7 01/12/19 04:50 Noise 2019003220 Noise WCSOP19001192 PROB NOISE 01/15/19 00:16 Noise 2019004032 Noise WCSOP19001 1 PROB NOISE 01/17/19 23:03 Noise 2019004874 Noise WCSOP19001 PROB NOISE 01/23/19 06:38 Noise 2019006179 Noise WCSOP190022 PROB 8ISE fNW8ISE 01/25/19 02:00 Noise 2019006731 Noise WCSOP19002 01/30/19 16:14 Noise 2019008186 Noise WCSOP19003 01/16/19 21:05 Probation Check 2019004559 NOISE 01/31/19 18:34 Noise 2019008466 Noise WCSOP19003 NOISE 911 01/16/19 21:35 Probation Check 2019004567 Officer Ordinance Violation Total: 2 PROB 01/11/19 10:17 Ordinance Violation 2019002951 Ordinance Violation WCSOP19001102 Officer ORDINANCE 01/19/19 13:46 Ordinance Violation 2019005291 Ordinance Violation WCSOP19001947 Officer ORDINANCE Parking Total: 5 01/03/19 19:52 Parking 2019000794 Parking WCSOP19000 PARKINGther PROB 01/14/19 13:42 Parking 2019003854 Parking WCSOP19001 PARKING PROB 01/23/19 09:55 Parking 2019006221 Parking WCSOP1909(06 PROB ARKINPhone 01/29/19 09:47 Parking 2019007818 Parking WCSOP19002 PARKING PROB 01/30/1912:53 Parking 2019008144 Parking WCSOP1900308ARKING PROB Phone Call Total: 1 01/25/19 05:54 Phone Call 2019006749 Other PH Probation Check Total: 10 01/02/19 19:35 Probation Check 2019000454 Officer PROB 01/02/19 20:06 Probation Check 2019000463 Officer PROB 01/03/19 16:25 Probation Check 2019000719 Officer PROB 01/04/19 16:18 Probation Check 2019001037 Officer PROB 01/10/19 14:15 Probation Check 2019002708 Officer PROB 01/16/19 21:05 Probation Check 2019004559 Officer PROB 01/16/19 21:35 Probation Check 2019004567 Officer PROB 01/17/19 16:22 Probation Check 2019004784 Officer PROB 01/24/19 14:23 Probation Check 2019006572 Officer PROB 01/31/19 21:54 Probation Check 2019008512 Officer PROB Public Disturbance Total: 1 01/25/19 21:24 Public Disturbance 2019006959 Public Disturbance WCSOP19002601 911 PUBDISTURB ZUERCHER Page 18 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Public Works - Utilities Total: 1 01/27/19 14:06 Public Works - Utilities 2019007411 Public Works - Utilities Repossession Total: 5 01/20/19 20:30 Repossession 2019005648 01/21/1917:07 Repossession 2019005824 01/21/1919:18 Repossession 2019005849 01/25/19 05:12 Repossession 2019006743 01/30/1912:27 Repossession 2019008141 Residential Fire Alarm Total: 1 01/24/19 20:33 Residential Fire Alarm 2019006680 Residential Fire Alarm Residential Medical Alarm Total: 5 01/01/19 16:36 Residential Medical 2019000128 Residential Medical Alarm 01/12/19 06:47 Residential Medical 2019003235 Residential Medical Alarm 01/23/19 17:40 Residential Medical 2019006341 Residential Medical Alarm 01/24/19 08:10 Residential Medical 2019006504 Residential Medical Alarm 01/31/19 17:15 Residential Medical 2019008445 Residential Medical Alarm Search Warrant Total: 1 01/24/19 16:10 Search Warrant SIA Area Watch Total: 18 01/04/19 15:40 SIA Area Watch 01/08/19 00:46 SIA Area Watch 01/09/19 02:03 SIA Area Watch 01/13/19 16:23 SIA Area Watch 01/14/19 08:47 SIA Area Watch 01/18/19 15:49 SIA Area Watch 01/18/19 18:11 SIA Area Watch 01/20/19 14:49 SIA Area Watch 01/21/19 15:34 SIA Area Watch 01/21/19 19:16 SIA Area Watch 01/23/19 10:50 SIA Area Watch 01/24/19 15:11 SIA Area Watch 01/25/19 12:49 SIA Area Watch 2019006605 Search Warrant 2019001024 2019001980 2019002281 2019003630 2019003787 2019005049 2019005085 2019005560 2019005813 2019005848 2019006239 2019006585 2019006820 Case Number Codes How Reported WCSOP19002 PPhone WUTIL REPO REPO REPO REPO REPO WCSOP19002 AL911 ARM WCSOP19000 71Phone ALARM WCSOP19001 ALARM Phone WCSOP19002 ALARM Phone WCSOP19002 ALARM Phone WCSOP19003 08Phone ALARM W CSOS I U 1900�MgC HQjr r SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA ZUERCHER Page 19 of 37 Incident Start Date/Time Initial Call CFS # 01/25/19 17:05 SIA Area Watch 2019006884 01/27/19 15:35 SIA Area Watch 2019007430 01/29/19 16:03 SIA Area Watch 2019007893 01/29/19 16:31 SIA Area Watch 2019007900 01/31/19 01:09 SIA Area Watch 2019008288 SIA Business Walk Through Total: 8 01/01/19 11:15 SIA Business Walk 2019000072 01/04/19 16:00 SIA Business Walk 2019001032 01/14/19 20:55 SIA Business Walk 2019003993 01/15/19 10:02 SIA Business Walk 2019004099 01/16/19 16:53 SIA Business Walk 2019004500 01/25/19 18:06 SIA Business Walk 2019006903 01/27/19 16:15 SIA Business Walk 2019007436 01/27/19 16:32 SIA Business Walk 2019007441 SIA Door Check Total: 2 01/14/19 16:57 SIA Door Check 2019003909 01/26/19 02:08 SIA Door Check 2019007033 SIA Foot Patrol Total: 2 01/05/19 11:42 SIA Foot Patrol 2019001274 01/26/19 18:12 SIA Foot Patrol 2019007211 SIA House Check Total: 1 01/22/19 18:16 SIA House Check 2019006064 SIA Other Total: 3 01/04/1915:11 SIA Other 2019001019 01/15/19 14:15 SIA Other 2019004169 01/21/19 05:41 SIA Other 2019005711 SIA Parks Total: 24 01/01/1912:30 SIA Parks 2019000082 01/04/19 07:05 SIA Parks 2019000885 01/04/1911:06 SIA Parks 2019000949 01/04/19 11:47 SIA Parks 2019000961 01/04/1913:27 SIA Parks 2019000987 Final Incident Case Number Codes How Reported SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA Officer SIA SIA SIA SIA SIA SIA SIA SIA ZUERCHER Page 20 of 37 Incident Start Date/Time Initial Call CFS # 01/04/19 13:43 SIA Parks 2019000990 01/05/19 23:46 SIA Parks 2019001466 01/06/1913:01 SIA Parks 2019001574 01/06/19 13:14 SIA Parks 2019001579 01/06/19 13:46 SIA Parks 2019001584 01/07/19 12:12 SIA Parks 2019001812 01/09/19 02:09 SIA Parks 2019002282 01/09/19 07:09 SIA Parks 2019002308 01/12/19 13:34 SIA Parks 2019003305 01/12/19 14:03 SIA Parks 2019003315 01/14/19 11:22 SIA Parks 2019003817 01/14/19 13:07 SIA Parks 2019003847 01/17/19 20:37 SIA Parks 2019004848 01/20/19 13:42 SIA Parks 2019005545 01/21/19 21:16 SIA Parks 2019005869 01/22/1917:05 SIA Parks 2019006044 01/24/19 07:01 SIA Parks 2019006496 01/24/1912:05 SIA Parks 2019006551 01/31/19 07:35 SIA Parks 2019008318 SIA School Check Total: 2 01/06/19 00:59 SIA School Check 2019001483 01/14/19 11:00 SIA School Check 2019003813 SIA Winter Parking Warning Total: 1 01/02/19 02:42 SIA Winter Parking 2019000226 Sign - Signal Repair Total: 5 01/18/19 08:59 Sign - Signal Repair 01/19/19 22:25 Sign - Signal Repair 01/20/19 19:28 Sign - Signal Repair 01/25/19 19:35 Sign - Signal Repair 01/29/19 18:23 Sign - Signal Repair Snowbird Total: 48 01/01/19 02:06 Snowbird 2019004956 2019005416 2019005633 2019006930 2019007936 Final Incident Case Number Codes How Reported SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA SIA Winter Parking Warning WCSOP19000 SIA 2019000020 Snowbird SIGNREPhone SIGNREPhone SIGNREP11 SIGNREPhone SIGNREPhone WCSOP19000 SNOWBIRD ZUERCHER Page 21 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/01/19 02:09 Snowbird 2019000021 Snowbird WCSOP19000012 SNOWBIRD 01/01/19 02:13 Snowbird 2019000023 Snowbird WCSOP19000014 SNOWBIRD 01/01/19 02:17 Snowbird 2019000026 Snowbird WCSOP19000016 SNOWBIRD 01/02/19 02:02 Snowbird 2019000217 Snowbird WCSOP19000 MOWBIRD S 01/02/19 02:05 Snowbird 2019000218 Snowbird WCSOP19000099 SNOWBIRD 01/02/19 02:22 Snowbird 2019000222 Snowbird WCSOP19000101 SNOWBIRD 01/03/19 02:03 Snowbird 2019000532 Snowbird WCSOP19000201 SNOWBIRD 01/03/19 02:13 Snowbird 2019000534 Snowbird WCSOP190002ON SNOWBIRD 01/04/19 02:25 Snowbird 2019000873 Snowbird WCSOP19000325 SNOWBIRD 01/05/19 02:52 Snowbird 2019001207 Snowbird WCSOP19000452 SNOWBIRD 01/08/19 02:04 Snowbird 2019001992 Snowbird WCSOP19000757 SNOWBIRD 01/08/19 02:21 Snowbird 2019001999 Snowbird WCSOP19000763 SNOWBIRD 01/08/19 02:28 Snowbird 2019002000 Snowbird WCSOP19000764 SNOWBIRD 01/09/19 02:21 Snowbird 2019002284 Snowbird WCSOP19000872 SNOWBIRD 01/10/19 02:16 Snowbird 2019002596 Snowbird WCSOP19000964 SNOWBIRD 01/10/19 02:19 Snowbird 2019002597 Snowbird WCSOP19000 SNOWBIRD 01/10/19 02:30 Snowbird 2019002601 Snowbird WCSOP19000968 SNOWBIRD 01/11/19 02:38 Snowbird 2019002883 Snowbird WCSOP19001075 SNOWBIRD 01/11/19 02:52 Snowbird 2019002888 Snowbird WCSOP19001077 SNOWBIRD 01/12/19 02:06 Snowbird 2019003204 Snowbird WCSOP19001181 SNOWBIRD 01/12/19 02:13 Snowbird 2019003208 Snowbird WCSOP19001184 SNOWBIRD 01/12/19 02:45 Snowbird 2019003214 Snowbird WCSOP19001 Sg SNOWBIRD 01/12/19 04:37 Snowbird 2019003219 Snowbird WCSOP19001190 SNOWBIRD 01/13/19 02:05 Snowbird 2019003498 Snowbird WCSOP19001299 SNOWBIRD 01/13/19 02:15 Snowbird 2019003500 Snowbird WCSOP19001 SNOWBIRD 01/13/19 02:25 Snowbird 2019003503 Snowbird WCSOP19001302 SNOWBIRD 01/13/19 02:38 Snowbird 2019003507 Snowbird WCSOP19001306 SNOWBIRD 01/21/19 02:30 Snowbird 2019005698 Snowbird WCSOP19002 SNOWBIRD 01/22/19 02:00 Snowbird 2019005897 Snowbird WCSOP19002169 SNOWBIRD 01/22/19 02:04 Snowbird 2019005899 Snowbird WCSOP19002171 SNOWBIRD 01/22/19 02:11 Snowbird 2019005901 Snowbird WCSOP19002 Sg SNOWBIRD 01/22/19 02:21 Snowbird 2019005903 Snowbird WCSOP19002174 SNOWBIRD 01/22/19 02:26 Snowbird 2019005904 Snowbird WCSOP19002175 SNOWBIRD ZUERCHER Page 22 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/22/19 02:27 Snowbird 2019005905 Snowbird WCSOP19002 Suspicious - 2019001754 01/07/19 18:07 Suspicious - Sg SNOWBIRD 01/22/19 02:36 Snowbird 2019005907 Snowbird WCSOP19002177 2019002704 WCSOP19001 SUSPCIRC ne SNOWBIRD 01/22/19 02:42 Snowbird 2019005908 Snowbird WCSOP19002178 SNOWBIRD 01/24/19 05:20 Snowbird 2019006485 Snowbird WCSOP19002414 SNOWBIRD 01/25/19 02:49 Snowbird 2019006737 Snowbird WCSOP19002510 SNOWBIRD 01/26/19 04:10 Snowbird 2019007057 Snowbird WCSOP19002624 SNOWBIRD 01/26/19 04:15 Snowbird 2019007059 Snowbird WCSOP19002 S5 SNOWBIRD 01/26/19 04:21 Snowbird 2019007060 Snowbird WCSOP19002626 SNOWBIRD 01/27/19 02:17 Snowbird 2019007329 Snowbird WCSOP19002733 SNOWBIRD 01/28/19 02:04 Snowbird 2019007511 Snowbird WCSOP19002 g SNOWBIRD 01/29/19 02:35 Snowbird 2019007760 Snowbird WCSOP19002930 SNOWBIRD 01/31/19 02:28 Snowbird 2019008297 Snowbird WCSOP19003145 SNOWBIRD 01/31/1902:29 Snowbird 2019008298 Snowbird WCSOP19003 SNOWBIRD 01/31/19 02:36 Snowbird 2019008301 Snowbird WCSOP19003149 SNOWBIRD Stolen - Vehicle Total: 1 01/31/19 18:56 Stolen - Vehicle 2019008475 Stolen - Vehicle WCSOP190032S2TOLVEH one Stolen - Vehicle; Civil Complaint Total: 1 01/07/19 14:22 Stolen - Vehicle; Civil 2019001834 Civil Complaint WCSOP19000695 911 STOLVEH; CIV Stoparm Violation Total: 2 p 01/11/19 09:39 Stoparm Violation 2019002936 Stoparm Violation WCSOP19001 S0gT3gOPAR 01/25/19 18:28 Stoparm Violation 2019006913 Stoparm Violation WCSOP19002 STOPAROptt�her Mher Surveillance Total: 2 01/07/19 09:45 Surveillance 2019001776 SURVEIL 01/27/19 00:48 Surveillance 2019007316 SURVEIL Suspicious - Circumstances Total: 23 01/04/19 17:57 Suspicious - 2019001068 01/06/19 05:30 Suspicious - 2019001515 01/06/19 17:08 Suspicious - 2019001625 01/07/19 07:50 Suspicious - 2019001754 01/07/19 18:07 Suspicious - 2019001902 01/10/19 02:23 Suspicious - 2019002600 01/10/19 14:08 Suspicious - 2019002704 Suspicious -Circumstances ne WCSOP19000 SUggPhone SPCIp Suspicious -Circumstances WCSOP19000 5U PCIRCone Suspicious -Circumstances WCSOP19000 05SPCIPhone SU RC Suspicious -Circumstances WCSOP19000 SUSPCIgPh ne RC SUSPCIRC Citizen Aid WCSOP19000 ne SUSPCIRC Suspicious -Circumstances WCSOP19001 SUSPCIRC ne ZUERCHER Page 23 of 37 Incident Start Date/Time Initial Call CFS # 01/10/19 14:13 Suspicious - 2019002707 01/10/19 17:42 Suspicious - 2019002785 01/11/19 14:15 Suspicious - 2019003018 01/13/19 02:52 Suspicious - 2019003508 01/13/19 09:41 Suspicious - 2019003529 01/14/19 19:31 Suspicious - 2019003969 01/15/19 12:59 Suspicious - 2019004152 01/16/19 10:20 Suspicious - 2019004400 01/21/19 11:07 Suspicious - 2019005757 01/23/19 14:45 Suspicious - 2019006291 01/23/19 16:18 Suspicious - 2019006321 01/23/19 18:22 Suspicious - 2019006358 01/23/19 22:03 Suspicious - 2019006428 01/25/19 00:56 Suspicious - 2019006722 01/26/19 16:13 Suspicious - 2019007177 01/29/19 10:33 Suspicious - 2019007826 Suspicious - Person - Vehicle Total: 15 01/04/19 09:39 Suspicious - Person - 2019000921 01/09/19 01:25 Suspicious - Person - 2019002278 01/11/19 03:21 Suspicious - Person - 2019002893 01/12/19 22:22 Suspicious - Person - 2019003450 01/13/19 17:14 Suspicious - Person - 2019003651 01/14/19 17:40 Suspicious - Person - 2019003919 01/16/19 17:59 Suspicious - Person - 2019004513 01/19/19 17:37 Suspicious - Person - 2019005338 01/23/19 17:01 Suspicious - Person - 2019006332 01/26/19 16:16 Suspicious - Person - 2019007179 01/26/19 20:00 Suspicious - Person - 2019007241 01/27/19 05:14 Suspicious - Person - 2019007347 01/29/19 09:57 Suspicious - Person - 2019007820 01/30/19 06:01 Suspicious - Person - 2019008059 01/31/19 22:03 Suspicious - Person - 2019008515 Final Incident Case Number Codes How Reported Suspicious - Circumstances WCSOP19001 SUSPCIRC Phone Suspicious - Circumstances WCSOP19001 SUSPCIRhCone Suspicious - Circumstances WCSOSR019 01123SUSPCIRC Suspicious - Circumstances WCSOP19001 SUSPCI91 Suspicious - Circumstances WCSOP19001 SUSPCIRCone Suspicious - Circumstances WCSOP19001 SUPhone SPCIg Suspicious - Circumstances 911 WCSOP19001 SUSPCIRC Suspicious - Circumstances WCSOP19001 SUSPCIRCone Suspicious - Person - Vehicle WCSOP19002 SUSPCIRC ne Suspicious - Circumstances WCSOP19002 SUSPCIRCne Suspicious - Circumstances WCSOP19002 SUSPCIRC Suspicious - Circumstances WCSOP19002 SUSPCIRC Suspicious - Circumstances WCSOP19002 SUSPCIRCne Suspicious - Circumstances WCSOP19002502 911 SUSPCIRC Suspicious - Circumstances WCSOP19002 SUSPCIRCne Suspicious - Circumstances WCSOP19002 SUSPCIRCne Suspicious - Person - Vehicle WCSOP19000 SUSPPV hone Suspicious - Person - Vehicle WCSOP19000 SUOSPPVhone Suspicious - Person - Vehicle WCSOP19001 SUSPPV hone Check Welfare WCSOP190012$84SPPV hone Suspicious - Person - Vehicle WCSOP19001 SUUUSPPV hone Suspicious - Person - Vehicle WCSOP19001 62SPPVPhone Suspicious - Person - Vehicle WCSOP19001 67 SUV 11 Suspicious - Person - Vehicle WCSOP19001 SUSPPV911 Suspicious - Person - Vehicle WCSOP190023S55UpSPPV 11 Suspicious - Person - Vehicle WCSOP19002 SUSPPV hone Warrant - Arrest WCSOP19002 0SPPVPhone Suspicious - Person - Vehicle WCSOP1900274U59SPPV 11 S Suspicious - Person - Vehicle WCSOP19002 SUSPPV hone Suspicious - Person - Vehicle WCSOP19003 SUSPPV11 Suspicious - Person - Vehicle WCSOP19003 SUSPPV hone ZUERCHER Page 24 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported Theft Total: 8 01/04/19 11:45 Theft 2019000960 Theft - From Vehicle WCSOP19000160EFT Phone THEFTGAS 01/01/19 19:36 Theft - Gas Drive Off 01/08/19 09:51 Theft 2019002057 Theft WCSOP190007g()EFT Phone 01/02/19 16:59 Theft - Gas Drive Off 2019000409 Theft - Gas Drive OffWCSOP19000�7HEFTGASone 01/12/1911:37 Theft 2019003277 Theft WCSOP19001220 Phone 01/05/19 13:52 Theft - Gas Drive Off 2019001296 Theft - Gas Drive Off THEFT 01/14/19 19:23 Theft 2019003963 Theft WCSOP19001 THg 911 2019001587 Theft - Gas Drive OffWCSOP190005r88EFTGAS ne 01/06/19 16:56 EFT 2019001621 01/15/1915:42 Theft 2019004195 Theft WCSOP19001WI ?IEFT Phone WCSOP19000969 Phone THEFTGAS 01/17/19 09:02 Theft 2019004664 Fraud - Financial Transaction WCSOP19001735 Phone THEFT 01/14/19 17:43 01/25/1913:17 Theft 2019006824 Theft WCSOP19002,5r50EFT Phone 01/15/19 17:58 FF56i9 2019004240 01/25/1915:14 Theft 2019006850 Theft WCSOP19002 FT Phone Theft - From Vehicle Total: 1 01/15/19 21:40 Theft - Gas Drive Off 2019004311 Theft - Gas Drive OffWCSOP19001C�05EFTGAS 01/31/19 11:47 Theft - From Vehicle 2019008371 Theft - From Vehicle WCSOP19003179 Phone 01/17/19 16:59 Theft - Gas Drive Off 2019004798 Theft - Gas Drive Off THEFTVEH Theft - Gas Drive Off Total: 25 01/01/19 15:53 Theft - Gas Drive Off 2019000116 Theft - Gas Drive Off WCSOP19000068 Phone THEFTGAS 01/01/19 19:36 Theft - Gas Drive Off 2019000168 Theft - Gas Drive Off WCSOP190000r8HEFTGAS ne 01/02/19 16:59 Theft - Gas Drive Off 2019000409 Theft - Gas Drive OffWCSOP19000�7HEFTGASone 01/05/19 13:52 Theft - Gas Drive Off 2019001296 Theft - Gas Drive Off WCSOP19000482 Phone THEFTGAS 01/06/19 14:04 Theft - Gas Drive Off 2019001587 Theft - Gas Drive OffWCSOP190005r88EFTGAS ne 01/06/19 16:56 Theft - Gas Drive Off 2019001621 Theft - Gas Drive Off WCSOP19000EFTGAhhSone 01/10/19 04:45 Theft - Gas Drive Off 2019002604 Theft - Gas Drive Off WCSOP19000969 Phone THEFTGAS 01/12/19 06:02 Theft - Gas Drive Off 2019003232 Theft - Gas Drive Off WCSOP19001202 Phone THEFTGAS 01/14/19 17:43 Theft - Gas Drive Off 2019003921 Theft - Gas Drive Off WCSOP190014EFTGAhhSone 01/15/19 17:58 Theft - Gas Drive Off 2019004240 Theft - Gas Drive Off WCSOP19001585 Phone THEFTGAS 01/15/19 21:40 Theft - Gas Drive Off 2019004311 Theft - Gas Drive OffWCSOP19001C�05EFTGAS ne 01/17/19 16:59 Theft - Gas Drive Off 2019004798 Theft - Gas Drive Off WCSOP19001 l7HEFTGAhhSone 01/17/19 17:33 Theft - Gas Drive Off 2019004809 Theft - Gas Drive Off WCSOP1900178F11 Phone THEFTGAS 01/18/19 16:44 Theft - Gas Drive Off 2019005061 Theft - Gas Drive Off WCSOP19001$r6HEFTGAhS ne 01/19/19 16:53 Theft - Gas Drive Off 2019005328 Theft - Gas Drive Off WCSOP190019EFTGAhone 01/20/19 11:12 Theft - Gas Drive Off 2019005516 Theft - Gas Drive Off WCSOP19002023 Phone THEFTGAS 01/22/19 12:30 Theft - Gas Drive Off 2019005983 Theft - Gas Drive Off WCSOP19002212 THEFTGAS 01/22/19 12:31 Theft - Gas Drive Off 2019005984 Theft - Gas Drive Off WCSOP19002213 THEFTGAS 01/23/19 11:50 Theft - Gas Drive Off 2019006251 Theft - Gas Drive Off WCSOP19002324 Phone THEFTGAS 01/25/19 05:53 Theft - Gas Drive Off 2019006748 Theft - Gas Drive Off WCSOP19002,5r1,fEFTG h ne ZU=RCHER Page 25 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/25/19 19:39 Theft - Gas Drive Off 2019006932 Theft - Gas Drive Off WCSOP1900259HEFTG h ne 01/05/19 19:33 Traffic - Complaint 2019001405 01/26/19 09:18 Theft - Gas Drive Off 2019007105 Theft - Gas Drive Off WCSOP19002650 Phone 2019001518 Traffic - Hazard WCSOP19000 T 0 Phone THEFTGAS 01/27/19 14:11 Theft - Gas Drive Off 2019007415 Theft - Gas Drive Off WCSOP19002770 Phone 01/11/19 00:44 Traffic - Complaint 2019002872 Traffic - Complaint THEFTGAS 01/30/19 10:58 Theft - Gas Drive Off 2019008114 Civil Complaint WCSOP1900307HEFTGASne 01/11/19 00:45 Traffic - Complaint 2019002873 01/31/19 08:33 Theft - Gas Drive Off 2019008327 Citizen Aid WCSOP19003162 Phone 2019002918 Traffic - Complaint WCSOSR019 OT01091 Phone THEFTGAS Theft - Identity Theft Total: 1 01/02/19 07:48 Theft - Identity Theft 2019000254 Theft - Identity Theft WCSOP19000 THEFTID hone Theft - Shoplifting Total: 14 01/02/19 13:51 Theft - Shoplifting 2019000343 Pursuit WCSOP19000THEFTSHOP1 01/05/19 17:22 Theft - Shoplifting 2019001352 Theft - ShopliftingWCSOP190005ppEFTSHOPe 01/07/19 18:09 Theft - Shoplifting 2019001903 Theft - Shoplifting WCSOP19000 THEFTSH1 OP 01/08/19 19:07 Theft - Shoplifting 2019002212 Theft - Shoplifting WCSOP19000 ne THEFTSHO 01/08/19 20:50 Theft - Shoplifting 2019002238 Theft - Shoplifting WCSOP19000$�56EFTSHOPe 01/11/19 04:48 Theft - Shoplifting 2019002897 Suspicious - Circumstances WCSOP19001 TF„HiEFTSHO Phone 01/12/19 12:45 Theft - Shoplifting 2019003295 Theft - Shoplifting WCSOP19001 ne THEFTSHO 01/17/19 09:03 Theft - Shoplifting 2019004665 Theft - Shoplifting WCSOP19001 THEFTSHO ne 01/18/19 13:28 Theft - Shoplifting 2019005016 Theft - Shoplifting WCSOP19001 THEFTSHO ne 01/21/19 22:09 Theft - Shoplifting 2019005876 Theft - Shoplifting WCSOP19002 ne THEFTSHO 01/23/19 14:35 Theft - Shoplifting 2019006287 Theft - Shoplifting WCSOP1900233HEFTSHOne 01/27/19 20:51 Theft - Shoplifting 2019007479 Theft - Shoplifting WCSOP19002801 Phone THEFTSHOP 01/28/19 18:27 Theft - Shoplifting 2019007689 Theft - Shoplifting WCSOP19002 0EFTSHO ne 01/28/19 20:35 Theft - Shoplifting 2019007711 Theft - Shoplifting WCSOP190029r1,QEFTSHO ne Threats Total: 2 01/04/19 16:48 Threats 2019001048 Assault WCSOP1900049REA4 one 01/14/1912:30 Threats 2019003841 Threats WCSOP19001436 Phone THREATS Traffic - Complaint Total: 25 01/03/19 19:19 Traffic - Complaint 2019000781 Traffic - Complaint WCSOP19000 T 8 911 01/05/19 19:33 Traffic - Complaint 2019001405 Traffic - Complaint WCSOP1900OY4 Phone 01/06/19 06:45 Traffic - Complaint 2019001518 Traffic - Hazard WCSOP19000 T 0 Phone 01/11/19 00:44 Traffic - Complaint 2019002872 Traffic - Complaint WCSOP19001 T 0 Phone 01/11/19 00:45 Traffic - Complaint 2019002873 Traffic - Complaint WCSOP19001 T 911 01/11/19 07:55 Traffic - Complaint 2019002918 Traffic - Complaint WCSOSR019 OT01091 Phone ZUERCHER Page 26 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/11/19 14:58 Traffic - Complaint 2019003030 Traffic - Complaint WCSOP19001Y Phone 01/11/19 19:38 Traffic - Complaint 2019003109 Traffic - Complaint WCSOP19001 T 8 911 TS 01/11/19 21:26 Traffic - Complaint 2019003146 Traffic - Complaint WCSOP19001 T 6 911 TS 01/12/19 01:16 Traffic - Complaint 2019003194 Traffic - Complaint WCSOP19001 T 8 911 TS 01/15/19 08:51 Traffic - Complaint 2019004087 Traffic - Complaint WCSOP19001 T 5 Phone TS 01/15/19 19:48 Traffic - Complaint 2019004276 Traffic - Complaint WCSOP19001 T 3 911 TS 01/18/19 19:32 Traffic - Complaint 2019005110 Traffic - Complaint WCSOP19001179 911 01/19/19 14:52 Traffic - Complaint 2019005302 Traffic - Complaint WCSOP19001 T 4 Phone 01/19/19 15:14 Traffic - Complaint 2019005308 Disabled Vehicle WCSOP19001 T 6 Phone 01/02/19 12:47 Traffic Stop 2019000324 Traffic Stop WCSOP190001T4V Officer 01/19/19 17:46 Traffic - Complaint 2019005339 Traffic - Complaint WCSOP19001 v0 911 01/19/19 19:14 Traffic - Complaint 2019005365 Traffic - Complaint WCSOP19001 T 5 911 01/20/19 09:08 Traffic - Complaint 2019005497 Citizen Aid WCSOP19002 T 8 Phone 01/23/19 18:47 Traffic - Complaint 2019006366 Phone T 01/24/19 18:18 Traffic - Complaint 2019006632 Traffic - Complaint WCSOP19002 T 9 911 01/25/19 22:05 Traffic - Complaint 2019006978 Traffic - Complaint WCSOP19002 T 5 911 01/27/19 02:16 Traffic - Complaint 2019007328 Traffic - Complaint WCSOP19002 4 911 T 01/29/19 21:36 Traffic - Complaint 2019008005 Traffic - Complaint WCSOP19003 T 2 911 01/30/19 16:26 Traffic - Complaint 2019008190 Traffic - Complaint WCSOP190031T02 Phone 01/31/19 19:48 Traffic - Complaint 2019008489 Traffic - Complaint WCSOP19003 T 5 Phone Traffic - Hazard Total: 1 01/07/19 11:21 Traffic - Hazard 2019001797 Traffic - HazardWCSOP19000676AZARD one Traffic Stop Total: 274 01/01/19 09:09 Traffic Stop 2019000055 Traffic Stop WCSOP19000T3S1 Officer 01/01/19 11:01 Traffic Stop 2019000071 Traffic Stop WCSOP19000 40 Officer TS 01/01/19 12:18 Traffic Stop 2019000081 TS 01/01/19 12:34 Traffic Stop 2019000083 Officer TS 01/01/19 12:45 Traffic Stop 2019000085 TS 01/01/19 16:30 Traffic Stop 2019000125 Officer TS 01/02/19 06:32 Traffic Stop 2019000240 Traffic Stop WCSOP19000 1 TV Officer 01/02/19 09:44 Traffic Stop 2019000286 Traffic Stop WCSOP19000T3S1 Officer 01/02/19 10:14 Traffic Stop 2019000290 Traffic Stop WCSOP190001V2 Officer 01/02/19 12:47 Traffic Stop 2019000324 Traffic Stop WCSOP190001T4V Officer ZUERCHER Page 27 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/02/19 13:09 Traffic Stop 2019000331 Traffic Stop WCSOP19000 44 Officer TS 01/02/19 13:33 Traffic Stop 2019000340 Officer TS 01/02/19 18:09 Traffic Stop 2019000425 Officer TS 01/03/19 02:36 Traffic Stop 2019000537 Officer TS 01/03/19 04:41 Traffic Stop 2019000546 Officer TS 01/03/19 14:12 Traffic Stop 2019000671 Officer TS 01/03/19 14:21 Traffic Stop 2019000673 Traffic Stop WCSOP19000T6S2 Officer 01/03/19 22:22 Traffic Stop 2019000833 Officer TS 01/03/19 23:25 Traffic Stop 2019000845 Officer TS 01/03/19 23:43 Traffic Stop 2019000850 Officer TS 01/04/19 00:04 Traffic Stop 2019000856 Officer TS 01/04/19 00:14 Traffic Stop 2019000858 Officer TS 01/04/19 00:31 Traffic Stop 2019000861 Traffic Stop WCSOP19000 ,2 Officer 01/04/19 00:36 Traffic Stop 2019000863 Officer TS 01/04/19 01:56 Traffic Stop 2019000871 Officer TS 01/04/19 12:14 Traffic Stop 2019000968 Traffic Stop WCSOP19004655 Officer 01/04/19 12:23 Traffic Stop 2019000970 Traffic Stop WCSOP190003T 6S8 Officer 01/04/19 13:57 Traffic Stop 2019000995 Traffic Stop WCSOP19000T8S0 Officer 01/04/19 15:23 Traffic Stop 2019001022 Officer TS 01/04/19 18:28 Traffic Stop 2019001075 Officer TS 01/04/19 23:31 Traffic Stop 2019001153 Officer TS 01/04/19 23:32 Traffic Stop 2019001154 Traffic Stop WCSOP190004P Officer 01/04/19 23:50 Traffic Stop 2019001161 Officer TS 01/05/19 00:04 Traffic Stop 2019001166 Traffic Stop WCSOP19000T3S8 Officer 01/05/19 00:04 Traffic Stop 2019001167 Traffic Stop WCSOP19000 4 Officer 01/05/19 01:40 Traffic Stop 2019001186 Drugs WCSOP19000 4 Officer 01/05/19 01:52 Traffic Stop 2019001191 Officer TS 01/05/19 09:31 Traffic Stop 2019001239 Traffic Stop WCSOP190004T6S5 Officer 01/05/19 09:53 Traffic Stop 2019001243 Traffic Stop WCSOP190004T 6S6 Officer 01/05/19 10:09 Traffic Stop 2019001247 Officer TS 01/05/19 10:29 Traffic Stop 2019001257 Officer TS 01/05/19 10:41 Traffic Stop 2019001259 Officer TS 01/05/19 10:45 Traffic Stop 2019001261 Officer TS ZUERCHER Page 28 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/05/19 12:49 Traffic Stop 2019001279 Traffic Stop WCSOP190004T7S8 Officer 01/05/19 13:26 Traffic Stop 2019001289 Officer TS 01/05/19 13:40 Traffic Stop 2019001291 Traffic Stop WCSOP19000T8S0 Officer 01/05/19 13:52 Traffic Stop 2019001298 Officer TS 01/05/19 16:49 Traffic Stop 2019001343 Traffic Stop WCSOP190004T 9S7 Officer 01/05/19 17:05 Traffic Stop 2019001346 Officer TS 01/05/1919:26 Traffic Stop 2019001401 DUI WCSOP1900OY7 Officer 01/05/19 19:30 Traffic Stop 2019001404 Officer TS 01/05/19 20:10 Traffic Stop 2019001417 Officer TS 01/06/19 00:12 Traffic Stop 2019001473 Officer TS 01/06/19 00:37 Traffic Stop 2019001478 Officer TS 01/06/19 01:50 Traffic Stop 2019001494 Traffic Stop WCSOP19000 41 Officer TS 01/06/19 13:53 Traffic Stop 2019001585 Officer TS 01/06/19 17:11 Traffic Stop 2019001626 Officer TS 01/06/19 19:10 Traffic Stop 2019001651 Officer TS 01/06/19 19:29 Traffic Stop 2019001655 Warrant - Arrest WCSOP19000Y Officer 01/06/19 22:17 Traffic Stop 2019001694 Traffic Stop WCSOP190006T 2S7 Officer 01/07/19 11:48 Traffic Stop 2019001802 Officer TS 01/07/19 23:18 Traffic Stop 2019001965 Officer TS 01/08/19 00:01 Traffic Stop 2019001972 Officer TS 01/08/19 00:07 Traffic Stop 2019001975 Officer TS 01/08/19 00:21 Traffic Stop 2019001977 Officer TS 01/08/19 00:41 Traffic Stop 2019001979 Officer TS 01/08/19 01:25 Traffic Stop 2019001988 Drugs WCSOP19000T6S1 Officer 01/08/19 11:27 Traffic Stop 2019002086 Officer TS 01/08/19 11:39 Traffic Stop 2019002090 Traffic Stop WCSOP19000 0 Officer 01/08/19 11:59 Traffic Stop 2019002094 Officer TS 01/08/19 12:00 Traffic Stop 2019002095 Traffic Stop WCSOP19000Y7 Officer 01/08/19 12:11 Traffic Stop 2019002098 TS 01/08/19 13:20 Traffic Stop 2019002112 Traffic Stop WCSOP19000 15 Officer TS 01/08/19 18:53 Traffic Stop 2019002207 Officer TS 01/09/19 00:04 Traffic Stop 2019002271 Officer TS 01/09/19 01:21 Traffic Stop 2019002277 Traffic Stop WCSOP19000T7S0 Officer ZUERCHER Page 29 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/09/19 11:39 Traffic Stop 2019002374 Officer TS 01/09/19 13:30 Traffic Stop 2019002401 Officer TS 01/09/19 15:10 Traffic Stop 2019002420 Officer TS 01/09/19 23:26 Traffic Stop 2019002568 Officer TS 01/09/19 23:48 Traffic Stop 2019002570 Officer TS 01/10/19 00:07 Traffic Stop 2019002575 Traffic Stop WCSOP19000T5S8 Officer 01/10/19 09:28 Traffic Stop 2019002640 Traffic Stop WCSOP19000Y Officer 01/10/19 10:24 Traffic Stop 2019002653 Officer TS 01/10/19 12:00 Traffic Stop 2019002673 TS 01/10/19 13:09 Traffic Stop 2019002680 Traffic Stop WCSOP1900IY2 Officer 01/10/19 13:18 Traffic Stop 2019002683 Officer TS 01/10/19 15:52 Traffic Stop 2019002733 Officer TS 01/10/19 20:07 Traffic Stop 2019002827 Officer TS 01/10/19 20:23 Traffic Stop 2019002832 Officer TS 01/10/19 23:49 Traffic Stop 2019002869 Traffic Stop WCSOP19001 T6S9 Officer 01/11/19 07:24 Traffic Stop 2019002913 Traffic Stop WCSOP19001Y ITS Officer 01/11/19 11:09 Traffic Stop 2019002960 Officer 01/11/19 11:20 Traffic Stop 2019002965 Officer TS 01/11/19 11:22 Traffic Stop 2019002967 Officer TS 01/11/19 11:32 Traffic Stop 2019002970 Traffic Stop WCSOP19001 TS 01/11/19 11:34 Traffic Stop 2019002972 Officer TS 01/11/19 11:37 Traffic Stop 2019002976 Traffic Stop WCSOP190011T1S Officer 01/11/19 11:54 Traffic Stop 2019002981 Officer TS 01/11/19 11:57 Traffic Stop 2019002984 Traffic Stop WCSOP19001 1 TS 01/11/19 11:59 Traffic Stop 2019002985 Traffic Stop WCSOP19001 TS4 Officer 01/11/19 12:35 Traffic Stop 2019002995 Officer TS 01/11/19 14:18 Traffic Stop 2019003020 Traffic Stop WCSOP19001 T2S4 Officer 01/11/19 14:40 Traffic Stop 2019003025 Officer TS 01/11/19 16:17 Traffic Stop 2019003049 Officer TS 01/11/19 16:23 Traffic Stop 2019003052 Officer TS 01/11/19 16:43 Traffic Stop 2019003061 Officer TS 01/12/19 00:12 Traffic Stop 2019003181 Officer TS 01/12/19 09:18 Traffic Stop 2019003248 Traffic Stop WCSOP19001 TS1 Officer ZU=RCHER Page 30 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/12/19 11:20 Traffic Stop 2019003273 Traffic Stop WCSOP19001 TS Officer 01/12/19 11:37 Traffic Stop 2019003276 Officer TS 01/12/19 11:39 Traffic Stop 2019003278 Officer TS 01/12/19 11:44 Traffic Stop 2019003282 Traffic Stop WCSOP19001 T2S1 Officer 01/12/19 11:56 Traffic Stop 2019003285 Officer TS 01/12/19 12:01 Traffic Stop 2019003286 Traffic Stop WCSOP19001 T2S2 Officer 01/12/19 13:42 Traffic Stop 2019003307 Officer TS 01/12/19 14:08 Traffic Stop 2019003316 Traffic Stop WCSOP19001 T3S4 Officer 01/12/19 14:09 Traffic Stop 2019003317 Traffic Stop WCSOP19001 T3S6 Officer 01/12/19 18:23 Traffic Stop 2019003382 Officer TS 01/12/19 19:32 Traffic Stop 2019003403 Officer TS 01/12/19 22:01 Traffic Stop 2019003445 Officer TS 01/13/19 00:20 Traffic Stop 2019003475 Officer TS 01/13/19 02:01 Traffic Stop 2019003497 Officer TS 01/13/19 08:57 Traffic Stop 2019003523 Traffic Stop WCSOP19001 TS3 Officer 01/13/19 09:08 Traffic Stop 2019003524 Traffic Stop WCSOP19001Y54 Officer 01/13/19 09:20 Traffic Stop 2019003525 Traffic Stop WCSOP19001 TS Officer 01/13/19 09:24 Traffic Stop 2019003526 Officer TS 01/13/19 09:29 Traffic Stop 2019003528 Traffic Stop WCSOP19001Y57 Officer 01/13/19 10:01 Traffic Stop 2019003536 Officer TS 01/13/19 10:05 Traffic Stop 2019003537 Traffic Stop WCSOP19001 T2S1 Officer 01/13/19 10:26 Traffic Stop 2019003539 Officer TS 01/13/19 10:56 Traffic Stop 2019003550 Traffic Stop WCSOP19001 T2S6 Officer 01/13/19 11:05 Traffic Stop 2019003554 Traffic Stop WCSOP19001 T2S9 Officer 01/13/19 11:25 Traffic Stop 2019003560 Officer TS 01/13/19 11:42 Traffic Stop 2019003567 Officer TS 01/13/19 11:55 Traffic Stop 2019003572 Traffic Stop WCSOP19001 T3S3 Officer 01/13/19 12:49 Traffic Stop 2019003586 Traffic Stop WCSOP19001�45 ITS Officer 01/13/19 16:49 Traffic Stop 2019003637 Officer 01/13/19 17:04 Traffic Stop 2019003646 Officer TS 01/13/19 21:34 Traffic Stop 2019003710 Officer TS 01/13/19 22:11 Traffic Stop 2019003719 Officer TS 01/14/19 00:52 Traffic Stop 2019003742 Traffic Stop WCSOP19001 T9S6 Officer ZU=RCHER Page 31 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/14/19 02:34 Traffic Stop 2019003749 Officer TS 01/14/19 10:07 Traffic Stop 2019003804 Officer TS 01/14/19 11:38 Traffic Stop 2019003820 Officer TS 01/14/19 11:42 Traffic Stop 2019003823 Traffic Stop WCSOP19001 T2S6 Officer 01/14/19 12:02 Traffic Stop 2019003830 Officer TS 01/14/19 12:08 Traffic Stop 2019003834 Officer TS 01/14/19 12:09 Traffic Stop 2019003835 Officer TS 01/14/19 15:51 Traffic Stop 2019003885 Officer TS 01/14/19 18:43 Traffic Stop 2019003946 Officer TS 01/14/19 21:02 Traffic Stop 2019003997 Officer TS 01/14/19 22:56 Traffic Stop 2019004016 Officer TS 01/15/19 09:41 Traffic Stop 2019004097 Officer TS 01/15/19 10:05 Traffic Stop 2019004100 Officer TS 01/15/19 11:28 Traffic Stop 2019004123 Traffic Stop WCSOP19001 T3S7 Officer 01/15/19 11:38 Traffic Stop 2019004126 Traffic Stop WCSOP19001 T3S9 Officer 01/15/19 11:48 Traffic Stop 2019004130 Traffic Stop WCSOP19001 TS Officer 01/15/19 12:05 Traffic Stop 2019004137 Traffic Stop WCSOP190015T4V Officer 01/15/19 12:13 Traffic Stop 2019004140 Traffic Stop WCSOP19001 TS5 Officer 01/15/19 12:41 Traffic Stop 2019004145 Officer TS 01/15/19 12:56 Traffic Stop 2019004151 Traffic Stop WCSOP19001 T5S1 Officer 01/15/19 13:49 Traffic Stop 2019004165 Officer TS 01/15/19 18:05 Traffic Stop 2019004241 Officer TS 01/15/19 18:45 Traffic Stop 2019004254 Officer TS 01/15/19 23:15 Traffic Stop 2019004325 Officer TS 01/15/19 23:27 Traffic Stop 2019004327 Officer TS 01/16/19 00:43 Traffic Stop 2019004334 Officer TS 01/16/19 01:50 Traffic Stop 2019004342 Traffic Stop WCSOP19001 TS6 Officer 01/16/19 09:28 Traffic Stop 2019004395 Officer TS 01/16/19 11:14 Traffic Stop 2019004413 Warrant - Arrest WCSOP19001 TS Officer 01/16/19 13:38 Traffic Stop 2019004441 Officer TS 01/16/19 17:51 Traffic Stop 2019004511 Officer TS 01/16/19 18:03 Traffic Stop 2019004515 Officer TS 01/16/19 22:02 Traffic Stop 2019004576 Officer TS ZUERCHER Page 32 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/16/19 22:05 Traffic Stop 2019004579 Officer TS 01/17/19 01:06 Traffic Stop 2019004606 Officer TS 01/17/19 15:00 Traffic Stop 2019004750 Officer TS 01/17/19 15:15 Traffic Stop 2019004756 Traffic Stop WCSOP19001 Officer T6S4 01/17/19 20:30 Traffic Stop 2019004846 Officer TS 01/18/19 00:38 Traffic Stop 2019004894 Officer TS 01/18/19 00:49 Traffic Stop 2019004896 Officer TS 01/18/19 01:06 Traffic Stop 2019004897 Warrant - Arrest WCSOP19001 TS Officer 01/18/19 19:45 Traffic Stop 2019005112 Officer TS 01/18/19 23:13 Traffic Stop 2019005168 Officer TS 01/18/19 23:36 Traffic Stop 2019005172 Officer TS 01/19/19 01:36 Traffic Stop 2019005195 Officer TS 01/19/19 05:30 Traffic Stop 2019005213 Warrant - Arrest WCSOP19001 X154 ZITS Officer 01/19/19 11:22 Traffic Stop 2019005264 Officer 01/19/19 16:29 Traffic Stop 2019005325 Officer TS 01/19/19 20:41 Traffic Stop 2019005394 Traffic Stop WCSOP19001Y ITS Officer 01/19/19 21:22 Traffic Stop 2019005402 Officer 01/20/19 02:32 Traffic Stop 2019005454 Officer TS 01/20/19 02:35 Traffic Stop 2019005456 Officer TS 01/20/19 10:24 Traffic Stop 2019005507 Officer TS 01/20/19 12:53 Traffic Stop 2019005537 Officer TS 01/20/19 13:05 Traffic Stop 2019005539 Officer TS 01/20/19 13:06 Traffic Stop 2019005540 Traffic Stop WCSOP19002 T3S4 Officer 01/20/19 13:53 Traffic Stop 2019005548 Officer TS 01/20/19 13:59 Traffic Stop 2019005550 Officer TS 01/20/19 14:02 Traffic Stop 2019005553 Traffic Stop WCSOP19002 T3S7 Officer 01/20/19 14:20 Traffic Stop 2019005555 Officer TS 01/20/19 17:08 Traffic Stop 2019005593 Officer TS 01/20/19 21:36 Traffic Stop 2019005663 Officer TS 01/20/19 21:44 Traffic Stop 2019005664 Officer TS 01/20/19 21:46 Traffic Stop 2019005666 Officer TS 01/21/19 11:58 Traffic Stop 2019005770 Traffic Stop WCSOP190021T1S Officer 01/21/19 12:19 Traffic Stop 2019005773 Traffic Stop WCSOP19002 TS9 Officer ZUERCHER Page 33 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/21/19 12:20 Traffic Stop 2019005774 Officer TS 01/21/19 13:25 Traffic Stop 2019005786 Traffic Stop WCSOP19002 T2S6 Officer 01/21/19 14:33 Traffic Stop 2019005793 Officer TS 01/21/19 15:11 Traffic Stop 2019005804 Officer TS 01/21/19 15:41 Traffic Stop 2019005814 Officer TS 01/21/19 16:00 Traffic Stop 2019005818 Officer TS 01/21/19 16:32 Traffic Stop 2019005823 Traffic Stop WCSOP19002 TS Officer 01/21/19 17:48 Traffic Stop 2019005832 Traffic Stop WCSOP19002 TS Officer 01/21/19 19:21 Traffic Stop 2019005850 Officer TS 01/22/19 17:49 Traffic Stop 2019006056 Officer TS 01/22/19 22:33 Traffic Stop 2019006142 Officer TS 01/23/19 02:39 Traffic Stop 2019006165 Officer TS 01/23/19 02:51 Traffic Stop 2019006166 Officer TS 01/23/19 05:37 Traffic Stop 2019006174 Traffic Stop WCSOP19002 T8S3 Officer 01/23/19 08:39 Traffic Stop 2019006197 Officer TS 01/23/19 11:09 Traffic Stop 2019006242 Officer TS 01/23/19 14:31 Traffic Stop 2019006284 Officer TS 01/23/19 14:50 Traffic Stop 2019006297 Traffic Stop WCSOP19002 T3S9 Officer 01/23/19 15:57 Traffic Stop 2019006313 Traffic Stop WCSOP19002�45 ITS Officer 01/23/19 19:07 Traffic Stop 2019006373 Officer 01/23/19 22:48 Traffic Stop 2019006442 Officer TS 01/24/19 00:04 Traffic Stop 2019006450 Officer TS 01/24/19 00:13 Traffic Stop 2019006453 Traffic Stop WCSOP190023T9Y Officer 01/24/19 02:03 Traffic Stop 2019006468 Officer TS 01/24/19 19:00 Traffic Stop 2019006653 TS 01/25/19 02:28 Traffic Stop 2019006736 Officer TS 01/25/19 03:00 Traffic Stop 2019006739 Drugs WCSOP19002 TS2 Officer 01/25/19 08:31 Traffic Stop 2019006779 Officer TS 01/25/19 11:16 Traffic Stop 2019006804 Traffic Stop WCSOP19002 TS1 Officer 01/25/19 14:13 Traffic Stop 2019006834 Officer TS 01/25/19 14:27 Traffic Stop 2019006838 Officer TS 01/25/19 17:21 Traffic Stop 2019006890 Officer TS 01/25/19 17:29 Traffic Stop 2019006894 Officer TS ZUERCHER Page 34 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/25/19 17:42 Traffic Stop 2019006899 Officer TS 01/25/19 19:37 Traffic Stop 2019006931 Traffic Stop WCSOP19002 T9S1 Officer 01/25/19 22:30 Traffic Stop 2019006985 Officer TS 01/25/19 23:02 Traffic Stop 2019006996 Officer TS 01/25/19 23:27 Traffic Stop 2019007004 Officer TS 01/26/19 00:02 Traffic Stop 2019007012 Officer TS 01/26/19 00:44 Traffic Stop 2019007018 Officer TS 01/26/19 01:42 Traffic Stop 2019007026 Officer TS 01/26/19 01:58 Traffic Stop 2019007030 Officer TS 01/26/19 02:19 Traffic Stop 2019007039 Officer TS 01/26/19 16:05 Traffic Stop 2019007175 Officer TS 01/26/19 18:08 Traffic Stop 2019007210 Officer TS 01/27/19 00:16 Traffic Stop 2019007308 Officer TS 01/27/19 02:35 Traffic Stop 2019007331 Traffic Stop WCSOP19002 T3S6 Officer 01/27/19 02:57 Traffic Stop 2019007334 Officer TS 01/27/19 14:06 Traffic Stop 2019007410 Officer TS 01/27/19 14:17 Traffic Stop 2019007417 Officer TS 01/27/19 22:23 Traffic Stop 2019007491 Officer TS 01/27/19 22:31 Traffic Stop 2019007493 Officer TS 01/28/19 07:39 Traffic Stop 2019007537 Traffic Stop WCSOP19002 T2S8 Officer 01/28/19 08:03 Traffic Stop 2019007542 Traffic Stop WCSOP19002 T2S9 Officer 01/28/19 08:20 Traffic Stop 2019007545 Traffic Stop WCSOP19002Y ITS Officer 01/28/19 08:33 Traffic Stop 2019007549 Officer 01/28/19 09:00 Traffic Stop 2019007551 Officer TS 01/28/19 12:28 Traffic Stop 2019007599 Officer TS 01/28/19 17:30 Traffic Stop 2019007675 Officer TS 01/29/19 05:31 Traffic Stop 2019007769 Officer TS 01/29/19 18:35 Traffic Stop 2019007940 Officer TS 01/30/19 23:02 Traffic Stop 2019008275 Traffic Stop WCSOP190031T3S7 Officer 01/31/19 00:50 Traffic Stop 2019008286 Officer TS 01/31/19 01:40 Traffic Stop 2019008291 Officer TS 01/31/19 02:21 Traffic Stop 2019008296 Officer TS 01/31/19 23:28 Traffic Stop 2019008534 Officer TS ZUERCHER Page 35 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported Training Total: 6 01/08/19 10:29 Training 2019002069 Training WCSOSRO190M78 Trespass WCSOSR0190MJ258 NG 01/08/1915:58 Training 2019002153 2019002422 Trespass WCSOSRO190faf5 TRAININGone 01/09/1908:24 Training 2019002327 one Trespass WCSOP19001 05911 TRAINING 01/10/1913:46 Training 2019002694 TRES TRAINING 01/15/19 08:06 Training 2019004075 2019003583 Trespass WCSOP190011R95 TRAINING 01/28/19 08:22 Training 2019007546 ES TRAINING Transport Total: 1 Trespass 2019004154 01/15/19 14:51 Transport 2019004180 Trespass WCSOSR019 TRANSPORT 01/25/19 06:38 Trespass 2019006756 Trespass Total: 7 01/08/1915:28 Trespass 2019002143 Trespass WCSOSR0190MJ258 01/09/1915:14 Trespass 2019002422 Trespass WCSOSRO190faf5 01/10/1913:26 Trespass 2019002688 Trespass WCSOP19001 05911 TRES 01/13/1912:46 Trespass 2019003583 Trespass WCSOP190011R95 Phone ES 01/15/1913:03 Trespass 2019004154 Trespass WCSOSRO1900RES TITRES 01/25/19 06:38 Trespass 2019006756 Trespass WCSOP19002 911 01/28/1917:10 Trespass 2019007672 Trespass WCSOP19002%S Phone Unwanted Person Total: 4 01/14/19 23:05 Unwanted Person 2019004019 Unwanted Person WCSOP190014gNWANTED 911 01/15/19 03:49 Unwanted Person 2019004053 Unwanted Person WCSOP19001511 Phone UNWANTED 01/20/19 01:08 Unwanted Person 2019005444 Unwanted Person WCSOP19001995 911 UNWANTED 01/26/19 17:26 Unwanted Person 2019007200 Unwanted Person WCSOP19002f�NWANPhone TED Vehicle Off Road Total: 1 U 01/26/19 09:56 Vehicle Off Road 2019007109 911 VOR Walk Away Total: 1 01/31/19 16:25 Walk Away 2019008432 Walk Away WCSOP19003 WALKAWAY Warrant - Arrest Total: 1 01/16/19 13:41 Warrant - Arrest 2019004442 Drugs WCSOP19001 51 Officer Warrant -Attempt Total: 10 01/01/1917:56 Warrant - Attempt 2019000151 WATTEMPTer 01/02/19 18:53 Warrant - Attempt 2019000439 Phone WATTE ZUERCHER Page 36 of 37 Incident Start Date/Time Initial Call CFS # Final Incident Case Number Codes How Reported 01/03/19 10:47 Warrant - Attempt 2019000616 Warrant - Arrest WCSOP190002`337 OP�er 01/07/19 15:18 Warrant - Attempt 2019001849 Warrant - Arrest WCSOP190007` 11 ATTEMPT er 01/11/1917:02 Warrant- Attempt 2019003067 WATTEMPTer 01/14/19 16:03 Warrant - Attempt 2019003894 Warrant - Attempt WCSOP190014`774 OP�er 01/20/1917:40 Warrant- Attempt 2019005603 WATTEMPTer 01/22/19 08:13 Warrant - Attempt 2019005926 Warrant - Arrest WCSOP19002 WATTEOOfficer 01/22/19 15:45 Warrant - Attempt 2019006025 WATTE Off' pfer 01/25/19 15:00 Warrant - Attempt 2019006847 Warrant - Arrest WCSOP19002 WATTEMPTer Total Records: 1030 ZU=RCHER Page 37 of 37 Jennifer Schreiber From: Jeff O'Neill Sent: Tuesday, February 5, 2019 8:59 AM To: Rachel Leonard; Jennifer Schreiber Subject: For CC general information to be included in packet Cities Seek Legislative Approval for Local Sales Taxes A League -sponsored bill that would generally authorize local sales taxes for a defined list of traditional capital projects is also in the works. (Published Feb 4, 2019) Sixteen cities are expected to seek legislative approve for a local sales tax this session. So far, seven of those city bills have been introduced. Twenty-two Minnesota cities held referendums last November seeking voter approval for new or modified local sales taxes to fund various capital projects. Of those, voters in 16 cities approved the request. Under Minnesota Statutes, section 297A.99, the next step for those cities is to seek legislative approval through special legislation. Currently, nearly 30 cities across the state impose a local sales tax. The House Research Department maintains a report of these local sales taxes, including county taxes for transportation uses and other countywide local sales taxes. Cities that received voter approval Those cities receiving voter approval last November were: • Avon (transportation improvement projects) • Blue Earth (Sewer Plant, Streets, Recreation amenities) • Cambridge (Library, streets, outdoor park) • Detroit Lakes (police department facility) • Elk River (rec/park/trail improvements, lake dredging) • Glenwood (roads, parks/trails/city hall -police station) • International Falls (transportation/public infrastructure) • Perham (Perham -area community center) • Rogers (trail & pedestrian facilities, aquatic facility) • Sauk Center (highway reconstruction & infrastructure) • Scanlon (streets and utilities) • Two Harbors (infrastructure) I • Virginia (Recreation & Convention complex improvements) • West St. Paul (pavement management plan) • Willmar (community center, rec center, parks & stormwater) • Worthington (recreational/quality of life improvements) In addition, during the 2018 session, several other cities had sought similar legislative approval for new or expanded local sales taxes. However, the demise of the 2018 omnibus tax bills left those cities without final legislative approval. Those cities include Duluth, Cloquet, and Excelsior. z WRIGHT LONG COUNTY r" RANGE TRANSPORTQ7 j0[\1 PLAN Long Range Transportation Plan Open House Date: Thursday, February 21, 2019 4:00 p.m. to 6:00 p.m. W r l g ht County Wright County Highway Department MINNESOTA 3600 Braddock Avenue NE, Buffalo, MN Contact Information: Chad Hausmann, PE Wright County Assistant Highway Engineer (763) 682-7387 Chad. Hausmann@co.wright.mn.us Craig Vaughn, PE, PTOE SRF Consulting Group LRTP Project Manager (763) 475-0010 cvaughn@srfconsulting.com Join us at the Wright County Long Range Transportation Plan Open House - February 21, 2019! Wright County is hosting their second, and final, open house for the Long Range Transportation Plan on Thursday, February 21. Stop by to hear about outcomes from the planning process that has been ongoing for the past several months and share your input regarding materials available that afternoon/evening. Staff from the plan development team will be available to answer questions. The open house is a drop-in style, informal format. There will not be a formal presentation. Arrive at any time during the event. If you can't make it in person, visit www.wrightcountylrtp.com, where the Open House materials will be provided for viewing immediately prior to, and following the in-person meeting. The team looks forward to meeting with you and hearing your thoughts! The meeting location is ADA -accessible, and information is available in alternative formats upon request. Accommodations will be provided to persons with disabilities. To request an accommodation to participate in the meeting, please contact Chad Hausmann at (763) 682- 7387 or chad.hausmann@co.wright.mn.us.