Loading...
HomeMy WebLinkAbout2024-03-06 CC Agenda Packet Changed due to PNP Election 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov Notice: Two Councilmembers will be participating by interactive technology as allowed under Minn. Stat. §13D.02, from Barnes and Noble, 5377 Tamiami Trail N, Naples, FL 34108 and Fairfield Inn and Suites, 13201 Overseas Hwy, Marathon, Florida 33050 REVISED AGENDA CITY COUNCIL MEETING March 6, 2024 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Communication Plan Update from TKDA 2. Convention Visitor Bureau Annual Presentation 3. Riverfront Parks Update IV. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator 12. Library Director V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 13. Certificate of Retirement for Bill Peltier, Firefighter/Engineer 14. Proclamation for Susan G. Komen, Big Wigs Day X. OPEN FORUM – open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 15. February 20, 2024 regular meeting minutes 16. Payment of Bills 17. Adoption of New City Code – Ordinance 2nd Reading 18. 2024 Fee Schedule Amendment – Ordinance 2nd Reading 19. Fence Project Agreement for Lily Lake Park and Staples Park 20. League of MN Cities Grant Navigation Program – Resolution 21. Lighting Improvement Project Agreement in the Forest Hills Development r ~ e ,r p ace o innesota J Page 2 of 2 City Council Meeting Agenda March 6, 2024 22. On-Sale with Sunday Sales Liquor License for Key Café – Resolution 23. Pickleball Court Project Agreement for Northland Park 24. Shade Tree Program Grant Agreement 25. Shoddy Mills Bergstein Warehouse Design Services Agreement – Available Wednsday 26. Short Term Home Rental Licenses 27. St. Croix Valley Rec Center Purchase Request 28. Temporary Liquor License for Ascension Church 29. Tobacco License for Stillwater Country Club – Resolution 30. Tree Injection Treatment Program Project Agreement XII. PUBLIC HEARINGS – None XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov Notice: Two Councilmembers will be participating by interactive technology as allowed under Minn. Stat. §13D.02, from Barnes and Noble, 5377 Tamiami Trail N, Naples, FL 34108 and Fairfield Inn and Suites, 13201 Overseas Hwy, Marathon, Florida 33050 AGENDA CITY COUNCIL MEETING March 6, 2024 WORKSHOP MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Communication Plan Update from TKDA 2. Convention Visitor Bureau Annual Presentation 3. Riverfront Parks Update IV. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator 12. Library Director V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 13. Certificate of Retirement for Bill Peltier, Firefighter/Engineer 14. Proclamation for Susan G. Komen, Big Wigs Day X. OPEN FORUM – open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 15. February 20, 2024 regular meeting minutes 16. Payment of Bills 17. Adoption of New City Code – Ordinance 2nd Reading 18. 2024 Fee Schedule Amendment – Ordinance 2nd Reading 19. Fence Project Agreement for Lily Lake Park and Staples Park 20. League of MN Cities Grant Navigation Program – Resolution 21. Lighting Improvement Project Agreement in the Forest Hills Development Page 2 of 2 City Council Meeting Agenda March 6, 2024 22. On-Sale with Sunday Sales Liquor License for Key Café – Resolution 23. Pickleball Court Project Agreement for Northland Park 24. Shade Tree Program Grant Agreement 25. Shoddy Mills Bergstein Warehouse Design Services Agreement – Available Tuesday 26. Short Term Home Rental Licenses 27. St. Croix Valley Rec Center Purchase Request 28. Temporary Liquor License for Ascension Church 29. Tobacco License for Stillwater Country Club – Resolution 30. Tree Injection Treatment Program Project Agreement XII. PUBLIC HEARINGS – None XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT City of Stillwater City Council Workshop Meeting PFAS Communication Plan March 6, 2024 Purpose of the Plan The purpose of the City’s PFAS Communication Plan is to identify the topic, scope of the plan, audience, communication strategies and schedule. This Communication Plan will be updated as new information becomes available to the City of Stillwater. The plan has been developed based on general guidance from the Minnesota Department of Health (MDH) and Environmental Protection Agency (EPA) and reviewed with the City’s Public Works Director/City Engineer, Utilities Superintendent and Utilities Commission. March 6, 20242 According to MDH, PFAS (commonly referred to as Forever Chemicals) are a family of human-made chemicals that have been widely used for decades. PFAS are extremely stable and do not breakdown in the environment. PFAS have been found in the groundwater and surface water in Minnesota. Some PFAS can build up and stay in the human body for many years. According to MDH, consuming water with PFAS above the health-based guidance values can increase risk of health effects. These increased health effects include: •Higher cholesterol •Changes to liver function •Reduced immune response •Thyroid disease •Kidney and testicular cancer (for PFOA) Background March 6, 20243 MDH is testing for PFAS in community water systems across the state. A goal of MDH’s initiative is to evaluate whether Minnesotans are exposed to PFAS at levels above health-based guidance values in drinking water. The City of Stillwater owns and operates 8 wells. The City’s wells have been tested by MDH. A Health Risk Advisory has been issued by MDH for PFAS at Well #6. Background (Continued) March 6, 20244 Purpose of the Communication Effort 1.Maintain the City’s role as the preferred source of information regarding its drinking water. Meet MDH’s expectations that the community lead efforts on communication regarding drinking water. 2.Share PFAS Sampling Results for the City of Stillwater and steps that are being taken by the City to mitigate exposure to PFAS. 3.Articulate the City’s commitment to providing safe drinking water to its customers. 4.Provide avenues for the City to hear from its customers regarding their questions, thoughts, and concerns. 5.Help community members understand the risks and participate in decision making about how risks should be managed. March 6, 20245 Key Messages 1.PFAS are manufactured chemicals that have been in industry and consumer products since the 1940’s. There are thousands of different PFAS. 2.Most people in the United States have been exposed to some PFAS. People can be exposed to PFAS by touching, drinking, eating, or breathing in materials containing PFAS. PFAS have been found in: •Drinking water •Solid waste disposal sites •Firefighting foam •Consumer products, such as stain and water repellent or non-stick products •Food packaging •Biosolids •Food March 6, 20246 3.The Environmental Protection Agency (EPA) is authorized under The Safe Drinking Water Act (SDWA) to set national health-based standards for drinking water to protect against contaminants that may be found in drinking water. PFAS are not currently regulated under the SDWA but the EPA has taken public comment on proposed standards for six PFAS. 4.MDH is responsible for ensuring safe drinking water for all Minnesotans. MDH protects drinking water through regular testing of community water systems for contaminants and by establishing Health Based Guidance Values for Drinking Water. Stillwater’s water supply has been tested by MDH. March 6, 20247 Key Messages (Continued) 6.Based on results of testing, MDH has issued a Health Risk Advisory for PFAS at Well #6. In response, the City has taken the following actions: •The City has stopped using Well #6. •The City will continue to work with MDH as additional testing is undertaken. •The City is considering a study to evaluate strategies to replace well #6 or treat water produced by well #6. The City will be seeking financial assistance for the planning study as well as future capital projects. March 6, 20248 Key Messages (Continued) 7.Customers can consider the following: •Stay informed through the City’s website and discuss concerns with City officials. As an emerging contaminate, scientific information continues to become available. •Be knowledgeable about other sources of PFAS and consider reducing the use of these products which contain PFAS. •Consider installing and maintaining filtration devices in homes, businesses, or facilities. See additional information here: PFAS and Home Treatment of Water -MN Dept. of Health (state.mn.us) Cost and maintenance of these devices are the responsibility of the property owner or occupant. 8.The City of Stillwater is committed to providing safe drinking water. The City will continue to work with MDH on this issue and will inform the public as new data becomes available which warrant a different course of action. March 6, 20249 Key Messages (Continued) 9.Questions directed to: Robert Benson Utilities Superintendent rbenson@ci.stillwater.mn.us 651.430.8740 Or Shawn Sanders Public Works Director / City Engineer ssanders@ci.stillwater.mn.us 651.274.4100 March 6, 202410 Key Messages (Continued) Communication Methods, Frequency & Responsibility Communication Method Audience Time frame / schedule Website Water utility customers Commence March 2024; and then updated as needed Staff meeting City staff March 2024 City Newsletter Article Water Utility Customers single & multi-family, residential, schools churches commercial industrial health care facilities March 2024; and then updated as needed. Drinking Water Report Water utility customers May 2024; and then annually Customer Outreach Multi-family tenants Schools Health care facilities March 2024; and then as needed. March 6, 202411 Questions? Dan Nesler Water/Wastewater Group Manager TKDA Daniel.Nesler@tkda.com 651.726.7977 Matt Ellingson Registered Engineer TKDA Matt.Ellingson@tkda.com 612.282.9119 Jeannine Clancy Senior Planner/Program Director TKDA Jeannine.Clancy@tkda.com 651.292.4414 March 6, 202412 Stillwater/Oak Park Heiijhts Convention & Visitor Bureau DiscoverSti I lwater.com Mission & Board Members A A&L The MISSION of the Stillwater and Oak Park Heights Convention & Visitor Bureau is to increase the economic benefit of tourism with an emphasis on overnight stays. BOARD OF DIRECTORS: President Sara Jespersen Vice President Kadie Frey Treasurer Chuck Dougherty Members: Heidi Rosebud, Larry Loyer, Dick Zimmerman, John Daly, Robin Anthony, Paul Kaufer City Representatives: Mike Runk (Oak Park Heights), Mike Polehna (Stillwater) CVB Staff: Kelly Nygaard, President and Jen McCormick, Tourism Specialist I►I �■ �yAk _ a►a_ ►%�E -D I S C O V E RST111WATER BIRTHPLACE OF MINNESOTA Lodging Tax 2023 Accomplishments Print Assets Digital Report Campaigns Content Creator Partnerships Earned Media What's Next CVB Lodging Tax Revenues by Year 500,000 450,000 400,000 350,000 300,000 268,858 250,000 - 200,000 150,000 100,000 50,000 ■ 2018 419,337 ■ 2019 ■ 2020 ■ 2021 Lodging Tax 471,547 464,815 ■ 2022 ■ 2023 Stillwater Tourism Economy �10 Tourism Tax Revenue Accounts for... 18% of Minnesota's Tax Revenue 20% Washington County's Tax Revenue 30% Stillwater's Tax Revenue Tourism Is Largest Industry In Stillwater! In Washington County, 11,747 jobs are created by tourism. *Source: MIN Dept. Revenue. Sales and Use Tax data (2017cty, 2016 city) Each household would need to be an taxed an additional $985 to replace the visitor generated taxes. roluRis,W's Eco,,O,,,c ON L111-1- IMPACT *6tiz Z, ��,'O6* e,, doom Z, zz- LE J0 Jar Marketing Allocations ■ Visitor Guide Production ■ Promotional Items ■ Trade/travel Shows ■ Print and Broadcast ■ Billboard ■ Tourism Event Grants Marketing Budget Allocation R Ad Production, Photo/Video/Content Creation Conference/ Group Insentives ■ Digital Campaigns ■ Newsletter, SEM/SEO, Website Updates ■ Social Media ■ Hostings (Blogger/Influencer) I►IYAk OWAWE -D I S C O V E RST111WATER BIRTHPLACE OF MINNESOTA • Updated bylaws • Worked with Committee to refine event grant process • Create Group/Corporate event travel incentive program • Acquired D & 0, liability, property, and workman's comp insurance • Represented Discover Stillwater at EMT, ESTO and MACVB events • Complete Visitors Guide redesign • New Kiosk Maps (first time since 2016) • Had Photo Station built • Managed successful photo contest Digital Stats 1. DiscoverStillwater.com MillionPage 000 Annual Users BIRTHPLACE OF MINNESOTA � Facebook: 49,420 followers Instagram: 23,947 followers E-newsletter Subscribers: 44,678 Visitor Guides Distributed Annually: 70,000 Top Acquisition Cities 1. Chicago 2. Minneapolis 3. Dallas 4. Saint Paul 5. Rochester 6. Milwaukee 7. Fargo 8. Duluth Age & gender!_; 20% 0% -- �_ . L L L 18-24 25-34 35-44 45-54 55-64 65+ Women 0 Men 84.2% 15.8% • DISCOVER ST111WATER BIRTHPLACE OF MINNESOTA St0 ill OFFICIAL VISITOR GUIDE watic—r Minnesota i I r wrz a r la STILLWATER D I S C OV E N S T I L LW.T E N.COY gs ,Stillwater GET YOUR BUSINESS NOTICED BY 32 MILLION TWIN CITIES' VISITORS... EACH YEAR! V.*A n a.-Wft as NaoN aarYne Piatle mmnm nV9au a amatwiw maenan snaai ramie <a� w o�>m �„ FOR MORE DETAILS, CONTACT US AT: T. (W) a 2195a I— YeepnobOteeneda Distribution FACT #1: ]2 Yaen Oulien trn.lee. W W aN tpmen0on-eOnbas p.atM19uyi M gme99b / 9e Pal eeput lunenele FACT M2: iOry'rt bew]Y Rr pnt peoab at 6 Dee, same Y1oie 9nppeq. d ee Oat n er4lYenkr/, aatmu 6 rtrnnOm. FACT N3: uae nmYue. mneoner aY aaYne aewmbp 1wa m wen ero efbtptlMalb.Ye b V9.ab 09Y dense 2N FACT M4: e CWftPtWW-1.bYn aanre et ne aebn taew. en pet n eetan •e..ema• ooi pne meta er rnerp FACT #5: aPl rn nx++pa n aaan.m b aeeY:eeaeanambuebpeen0ue wr.n raaaro arerYneaLLw 9eMcvw. b 09nt mem b W 11pie soar lab e00IOOw n.OaM. • Mall of America • MSP Airport • Along 135 S, Rochester, and Quad Cities • Throughout Stillwater • Mailed Nationwide by Request :A.. I►I dII►`� r���\ —D I S C O V E RST111WATER BIRTHPLACE OF MINNESOTA MAKE STILLWATER YOUR iomelaw2 hn (he �- `�� STILLWATER �.wanE sm. sapl.y cl�.�c«rmc.: J...rna,saE F. gs« �l _. _ 3.CM Elevape Oeypb =DISCO V E 0.= �StILLWAtER UIS TOWNS FOR FALL COLORS! m1OISCOVIRS TILLWATER.00M Earned Media .0 Exploring the river towns ofthe St. Croix Valley from Taylors Falls to Hudson 10 best small town food scenes in the United States Culinary hot spots for 2023 Seat Small Town Food Scene (2023) -Ouretlitors anti reotlers intlePendently select �vho[You see on 108est. when you buy through a link on our slte, we may earn an o/ryfiate commission. From bakeries and farm -to -table restaurants to thriving farmers markets and specialty food shops, these 10 small towns - voted as the best by readers- pack big flavor. Here are the 10 best small town food scenes in the United States for 2023. 10 Gorgeous Minnesota Towns To Visit In 2023 Minnesota, kn«rnasthelWor10.000Lake Isa Neasuretmmofnaaral Mauly.w damung cammlxYtles Nat beIXon Die wanderlust Varekr. VJnemer you are a hlslory enOaEVARE an outdoor a "rarer. «a aver of pregt N-fl- wn Me. .,Is a destination r« you. Tut gorgeous Minnesota towns p«mse unforgeaatie ekpenences. each onedng a unque Elena of history. wilum. and outdoor adventures. From me picturesque stares of Lake Superior to dw rolling dugs of ne MiAoissippl River, mass lestersoom, anceped.te the hear and Soul or me Nath Slar Slate. ❑I_ explore the ] underrated destinations in Minnesota to escape the summer crowds - Stillwater hNow TwlnCities �-NrERPRFSS trrs l Stillwater w hmt Pbrld Snow SeWpdg... WW" TRIP IDEAS ocsnonTlous NONE. aneoca r000 vac's cuaacxrlssue ADD TRAVEL > DESTINATIONS > MINNESOTA > srucwATER, MINNESOTA THIN-0oci ARTS Stillwater to host World Snow Sculpting Championship Best Bets for Fall Fun in Stillwater, The event will be held Jan. 17 to Jan. 21 in Lowell Park. Minnesota TRAVEL-fuly3.3023 'GMA' kicks off Main Street USA in Stillwater, Minnesota "GMA" is highlighting communities that keep the American spirit alive and is honoring Sara fespersen who helps make Stillwater a place to call home for its residents. Experience the simple pleasures of fall with with outdoorsy activities in Stillwater, Minnesota. 20 mile Paul. The Most Enchanting Christmastime Main Street In The Country Is Stillwater In Minnesota I►I dII►`� r���\ —D I S C O V E RST111WATER BIRTHPLACE OF MINNESOTA • Viking Cruise lines Stops in Stillwater • Digital Billboards • Fam Tours • Corporate Events • New Video Assets Thank You Questions? Respectfully submitted, Kelly Nygaard President, Discover Stillwater Riverfront Parks Update March 6, 2024 SHODDY MILL & BERGSTEIN WAREHOUSE CONCEPTS City of Stillwater Option #1 City of Stillwater Option #1 City of Stillwater Option #2 City of Stillwater Option #2 City of Stillwater Option #3 City of Stillwater Option #3 City of Stillwater Option #4 City of Stillwater Option #4 Riverfront Parks Project City of Stillwater Riverfront Park Projects •2023 Legislative Bill Approvals •Bonding Bill •L.O.S.T. •Park Projects •Lumberjack Landing •Lowell Park Pavilion •Bridgeview Park •Cost Estimates •Next Steps City of Stillwater 2023 Bonding Bill •Awarded $6,000,000 to City in Riverfront Projects •Included Projects for: •Lumberjack Landing -nonmotorized public boat launch and fishing pier; restoration of hardwood and prairie grass exploration areas, community gathering and picnic spaces, and connections to Browns Creek State •Lowell Park- rehabilitation of the Lowell Park gazebo to reconstruct failing foundation and restore historic features; •Chestnut Street- development of the Chestnut Street Plaza for pedestrian and event area uses connecting to the regional trail system; City of Stillwater 2023 Bonding Bill •Bridgeview Park - •Archaeological enhancements, historic features, interpretation, •Fishing pier, picnic area, surface parking, and boat launch facility. •Rehabilitation of the Moritz Bergstein Shoddy Mill and Warehouse, listed on the National Register of Historic Places, for visitors and hospitality use; and public river access, public docking, and trail connections to the Stillwater Commercial Historic District, listed on the National Register of Historic and regional trails from a transient dock City of Stillwater L.O.S.T Bill •0.5% sales tax •Must be approved by referendum •Up to $12.5M for construction renovation and improvements to Riverfront Improvement Project City of Stillwater LumberJack Landing 1.Aiple House Renovation * 2.Kayak Launch and Trail* - 3.Picnic Shelter 4.Browns Creek Trail Connection 5.Driveway Reconstruction* 6.Parking Lot ( North of Zephyr) 7.Vegetative Management (south)* 8.Vegetative Management (north) 9.Riverbank Stabilization •Denotes design in progress* City of Stillwater LUMBERJACK LANDING- Aiple House City of Stillwater LUMBERJACK LANDING- Trail, Kayak Launch, and Picnic Pavillion City of Stillwater LUMBERJACK LANDING- Riverbank Stabilization and Trail Construction City of Stillwater LOWELL PARK Pavillion- Reconstruction City of Stillwater BRIDGEVIEW PARK 1.Shoddy Mill And Bergstein Warehouse Rehab 2.Boat Docks w/ Fishing Pier 3.Central Area Park •(Picnic shelter, turf , Irrigation, •Historical Signage ) 4.Boat Launch 5.Parking Lot 6.Vegetative Management City of Stillwater BRIDGEVIEW PARK Bergstein Warehouse and Shoddy Mill Rehabilitation City of Stillwater BRIDGEVIEW PARK Courtesy Boat Docks City of Stillwater BRIDGEVIEW PARK - Parking Lot and Boat Launch City of Stillwater Riverfront Parks   Projects   Estimated Cost Bonding Bill  City L.O.S.T. Donation LUMBERJACK LANDING  Aiple house  Renovation 1,600,000$                          160,000$                   440,000$                        1,000,000$                     Kayak Launch, walkway, Fishing pier 300,000$                              250,000$                           50,000$                           Driveway 200,000$                              200,000$                            Picnic Shelter ( former garage) 627,780$                              627,780$                            Vegatation Mangement ( South) 121,000$                              19,000$                     102,000$                         Vegetation Management( North) 125,000$                              125,000$                            Zephyr Parking Lot 400,000$                              400,000$                         Riverbank Stabilization 1,900,000$                          1,900,000$                      Connection to Browns Creek Trail  100,000$                              100,000$                            TOTAL COST ( Lumberjack Landing) 5,373,780$                          1,302,780$                       179,000$                   2,740,000$                     1,152,000$                     Lowell Park Pavillion 400,000$                              400,000$                            Bridgeview Park  South Area  Parking Lot  and boat launch 880,000$                              880,000$                            Central Area  Picnic Shelter 300,000$                              300,000$                            Irrigation 35,000$                                35,000$                            Grading 42,000$                                42,000$                            Vegetative   Management 125,000$                              125,000$                         Shoddy Mill And Warehouse  Area  Shoddy Mill Building( estimated ) 1,000,000$                          1,000,000$                        Warehouse building ( estimated) 250,000$                              250,000$                            Trail  connection 50,000$                                50,000$                              Boat Docks Courtesy w fishing pier 2,400,000$                          2,000,000$                       400,000$                         Historical  and  Archeological  signage 15,000$                                15,000$                              Total  Cost (Bridgeview Park )5,097,000$                          4,495,000$                       602,000$                         TOTAL  RIVERFRONT PROJECT COSTS 10,870,780$      6,197,780$      179,000$     3,342,000$     1,152,000$     Total Cost State Bonding Bill City  Funds L.O.S.T. Donation  FUNDING SOURCE City of Stillwater Riverfront Parks Project 1.NEXT STEPS •Finalize Cost estimate for Shoddy Mill and Warehouse renovation. •L.O.S.T. – more information can be brought in SPRING •Meet with State to finalize agreement •Start final design on projects. •Construct in 2025-2026 City of Stillwater, Minnesota Mayor RESOLUTION 2024‐0xx Bill Peltier WHEREAS, Bill Peltier is retiring from his position as Firefighter/Engineer for the City of Stillwater, effective February 29, 2024. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that for his contributions, professionalism, and outstanding performance to the City of Stillwater, Bill is hereby commended for serving the City for over 45 years. The Council extends their appreciation for his dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to enter this Certificate of Appreciation upon the official record of the Council and to deliver a certified copy thereof to Bill Peltier. Adopted by the City Council this 6th day of March, 2024. ,1111111,,,, ~ ~ :,,, ,,,, ,,,,,,,, 11111\\ ----.. .. .. .:- Mayor City of Stillwater, Minnesota Proclamation WHEREAS, 2024 marks the 42nd anniversary of Susan G. Komen. Susan G. Komen’s mission is to end breast cancer forever. Over 5,000 women in Minnesota will be diagnosed with breast cancer in 2024; the Susan G. Komen BigWigs is a campaign that will raise awareness and life‐saving funds; and WHEREAS, breast cancer is the most common cancer diagnosed in women and is the second leading cause of cancer deaths for women; and WHEREAS, in the United States, 1 in 8 women will be diagnosed with breast cancer in their lifetime and a projected 287,850 new cases of breast cancer will be diagnosed in women across the United States in 2024; and WHEREAS, even though breast cancer incidents (rate of new cases) is lower among Black women than among White women, disparities persist in breast cancer mortality as more Black women die of breast cancer than any other racial or ethnic group; and WHEREAS, the Minnesota Department of Health’s Sage Program offers free screenings at participating sites for Minnesotans who meet eligibility requirements; and WHEREAS, regular mammograms can help find breast cancer at an early stage, when treatment is most successful. NOW, THEREFORE BE IT RESOLVED, that I, Ted Kozlowski, Mayor of the City of Stillwater declare March 6, 2024, ~ Susan G. Komen, BigWigs Day ~ WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 6th day of March, 2024. 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES February 20, 2024 REGULAR MEETING 7:00 P.M. Vice Mayor Polehna called the meeting to order at 7:00 p.m. Present: Vice Mayor Polehna, Councilmembers Collins, Junker, Odebrecht Absent: Mayor Kozlowski Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders MOMENT OF SILENCE The Vice Mayor and Council observed a moment of silence honoring the two police officers and paramedic who were killed in the line of duty in Burnsville on Sunday. PLEDGE OF ALLEGIANCE Vice Mayor Polehna led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Proclamation - George Thole Day Vice Mayor Polehna read a proclamation designating February 21, 2024 as George Thole Day, honoring the legendary football coach’s lifetime of service. Certification of Appreciation for Mike Mallet, Patrol Officer Vice Mayor Polehna read a certificate honoring Officer Mallet for his six+ years of service. OPEN FORUM Rick Heidick, Stillwater Sunrise Rotary Club, explained that the DNR denied use of the Brown’s Creek Trail for the Bridge the Valley Bike Rally planned for August 11, 2024, due to concerns about safety, high numbers of riders and possible implications for other event requests. Event organizers believe the risk is overstated and have factored in sufficient safety procedures. They would like to meet with the DNR to negotiate a compromise that addresses the DNR’s concerns, have spoken to State legislators and are working with Councilmember Odebrecht to arrange a meeting. Councilmember Junker acknowledged that the DNR receives requests for many events to be held on the trail. He would like the DNR to create a policy on use of the trail for events. cStillwater ~~ ......, ' The Birthplace of Minnesota J City Council Meeting February 20, 2024 Page 2 of 4 Councilmember Odebrecht read language he crafted for a possible Resolution supporting the event and showing that the organizers have demonstrated a proactive approach to mitigating any safety concerns. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt Resolution 2024‐023, Resolution in Support of Sunrise Rotary Club Bridge the Valley Bike Rally on August 11, 2024. All in favor. STAFF REPORTS Public Works Director Sanders reported that the City will receive two awards for the Chestnut Plaza Project; the Oakridge lift station project and water tower painting will occur this summer; and Jesse Farrell is the new Assistant Public Works Director as of April 1. Police Chief Mueller highlighted the team approach to public safety, in light of the tragic domestic incident involving first responders in Burnsville. Fire Chief Glaser acknowledged the loss of Burnsville public safety staff; and reminded the Council of the retirement of Bill Peltier. Finance Director Provos stated the workers’ comp and sales tax audits are in process. Community Development Director Gladhill noted the Department is working on upcoming projects, code enforcement and Short Term Home Rental licensing. City Clerk Wolf reported that Waste Management will notify residents about new yard waste collection; Healthcare Facility voting began; pointed out the revised minutes; and noted the next meeting will be March 6 due to the Presidential Primary. City Attorney Land and the Council gratefully acknowledged City Clerk Wolf for all her invaluable assistance with City Code recodification. City Administrator Kohlmann gave a street project funding update, and noted that new IT Manager Rob Rice will start March 11. CONSENT AGENDA February 6, 2024 Workshop and Regular Meeting Minutes Payment of Bills 2024 Street Project Approve Plans and Specs and Order Advertisement of Bids – Resolution 2024‐020 2024 Street Project Saw Cutting Agreement Aiple Lift Station Engineering Services Agreement City Garage Fence and Gate Project Agreement Encroachment Agreement for 112 Harriet St S Gambling Premise Permit for American Legion Post 48 at Gio’s – Resolution 2024‐021 I/I Repair at Shoddy Mill Agreement Parking Restriction on Greeley Street – Resolution 2024‐022 St. Croix Valley Rec Center Ice Time Agreement with Mahtomedi School District St. Croix Valley Rec Center Reroof Project Agreement Special Service District Board Appointments Temporary Liquor License for Ascension Church Water Street Dumpster Rooftop Project Agreement City Council Meeting February 20, 2024 Page 3 of 4 Agreement Dedicating Land-Use License for Brown’s Creek Restoration Project Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Possible Adoption of New City Code – Ordinance 1st Reading City Attorney Land explained the year-long process of reviewing the entire City Code; the Code has been uniformly formatted and reorganized, its terminology and statutory references updated, and new ordinances have been introduced to better serve the City. One change is the addition of an administrative license for street performers, who must be sponsored by a business and are allowed to perform only on the property of that business, except during Citywide events when they may perform on public property. She added that staff is working to set up hotel licensing, now authorized by the Legislature. The new code also authorizes the City Clerk to approve some licenses and permits administratively. Vice Mayor Polehna questioned the provision that a hotel property manager must reside in the 7-county metro area, which would not allow a manager to live in Wisconsin; and Ms. Land replied that can be revisited if the situation arises. She continued, stating that the new small animal ordinance still requires a permit for keeping chickens, but not bees. Dog licenses are no longer required. The prohibition on skateboards downtown was removed, and in its place, skateboard use must be safe, reasonable and responsible. Councilmember Junker pointed out that “safe use” is a subjective term. He asked Police Chief Mueller how it will be interpreted; and Police Chief Mueller noted that sometimes, individuals want police action because of the sound the skateboard makes. He stated safety is a subjective term; he stands behind the ordinance as stated. He is not in favor of simply prohibiting skateboarding, but if someone is being unsafe the police will step in, have a conversation and go from there. Councilmember Junker asked if using a jump or ramp or other object that is not permanently part of the park or the bridge, for instance a picnic table, is considered unsafe; and Chief Mueller replied he is more concerned about the skateboarder’s actions affecting someone other than themselves. Simply jumping likely would not be considered a safety issue. However, moving or damaging City property would warrant police intervention. He encourages anyone who sees someone damaging City property to call the police, but if someone eating dinner in a park does not like the sound or the look of the skateboarding, that is not where the police should focus. Ms. Land stated that on final adoption of the revised Code, staff will start the next phase of redoing the zoning ordinance. City Council Meeting February 20, 2024 Page 4 of 4 Councilmember Junker noted an important new regulation concerns food trucks, if downtown, only being allowed on private property of a restaurant or brewery. Councilmember Odebrecht remarked that the grid for public safety violations is an excellent model for the State. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt first reading of an Ordinance Repealing and Replacing the City of Stillwater City Code. All in favor. 2024 Fee Schedule Amendment – Ordinance 1st Reading City Clerk Wolf reviewed the changes in the Fee Schedule necessitated by recodification of the City Code. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt first reading of an Ordinance Amending the City of Stillwater 2024 Fee Schedule. All in favor. COUNCIL REQUEST ITEMS Vice Mayor Polehna stated the Chestnut Plaza Grand Opening is set for May 19. Councilmember Odebrecht stated he will bring a resolution regarding a State bill on zoning and land use to the March 6 meeting. Councilmember Junker pointed out that some bridge and building holiday lights are temporarily out and the lights technician has been notified. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:05 p.m. Michael Polehna, Vice Mayor ATTEST: Beth Wolf, City Clerk Resolution 2024‐020, Approving Minnesota Lawful Gambling Premise Permit for American Legion Post 48 at Gio’s Resolution 2024‐021, Approve Plans & Specifications and Ordering Advertisement for Bids for 2024 Street Improvement Project (Project 2024-02) Resolution 2024‐022, Approve Parking Restrictions on S.A.P. 169-108-005 Greeley Street S from Myrtle Street W to Orleans Street W Resolution 2024‐023, Resolution in Support of Sunrise Rotary Club Bridge the Valley Bike Rally on August 11, 2024 DATE: March 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Sarah Erenberg, Senior Account Clerk SUBJECT: Payment of bills A list of bills in the amount of $257,548.83 has been sent to the Mayor and City Council Members to approve for payment.   DATE: March 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Final Reading of Stillwater City Code BACKGROUND For more than a year City Staff has been working diligently to review every word of the City Code and provide suggestions to improve the Code in terms of uniform formatting, terminology, updating statutory references, removing provisions that are no longer necessary, reorganizing it so that sections were appropriately grouped together as well as introducing new ordinances to better serve the City. The City Council reviewed these changes and suggestions at monthly workshop meetings and offered its input and modifications.1 A first reading of the City Code Recodification was held and passed on February 20, 2024. This is the final reading. Until final adoption and publication, a copy of the new City Code is only available through the City Clerk’s office. ACTION REQUESTED Approve the Ordinance Repealing and Replacing the City of Stillwater City Code and authorize a Summary Publication.                                                              1 It should be noted that during the review process, it was determined that the Zoning Ordinance and Subdivision Regulations required more time for review than could be accomplished in 2023. While some amendments to the Zoning Ordinance are included in this recodification, no monumental changes were made. These sections are budgeted as a revision project for 2024. City of Stillwater Washington County, Minnesota ORDINANCE 1211 AN ORDINANCE REPEALING AND REPLACING THE CITY OF STILLWATER CITY CODE The City Council of the City of Stillwater, Washington County, Minnesota does hereby ordain as follows: SECTION 1 REPEAL. The City of Stillwater, County of Washington, State of Minnesota, City Code is hereby repealed in its entirety. SECTION 2 REPLACE. The City of Stillwater, County of Washington, State of Minnesota, City Code is hereby replaced in its entirety. SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The City Council adopted an ordinance repealing and replacing the City of Stillwater City Code into a new, cleaner, updated, reorganized and more efficient document. It contains updated statutory citations, the removal of unnecessary or duplicative sections, the use of consistent capitalization, titles and citations, gender neutralization, as well as implementing best practices in all areas of the Code to ensure an efficient and user-friendly document for Staff and for the general public. Some of the more significant changes include the following: General City Code – Code of Ordinances: Chapter 1. General Provisions: Clarified definitions and uniformity of City Code throughout and added the ability to have electronic signatures and provision on recordkeeping. Penalties for violation of code moved to Chapter 2 Administration. Chapter 2. Administration: Moved Election Ward boundaries to City Charter; Added explanations of Regular, Special and Emergency meetings of City Council, and new background check language; moved boards and commission to new chapter for better organization; moved Emergency Management into this Chapter and updated; combined all matters related to Finance under one section and updated items related to unclaimed, abandoned and surplus proterty, rural and urban taxing district, Lodging tax, deferral policy for assessments, utility funds and billing and street light utility; and created one uniform section for general penalties. Chapter 4. City Boards, Commissions and Similar Bodies: This chapter contains uniform provisions that apply to all boards and commissions and updated description of Downtown Parking Commission. 2 Chapter 6. Businesses: Added a general business license section so that it can be “one-stop-shop” for any business applying for a required license and moved all random licensing found throughout the code into this chapter. Redefined the Peddlers, Solicitors and Transient Merchants licensing section, restructured the Alcohol Beverage section, and enhanced the Liquor Penalty section. Added new sections for Provisional Licenses, Buskers and Street Performers and Hotel Licensing. Updated gambling license designated trade area, removed towing, tree trimming, sandblasting, landscaping and fencing licensing requirements, added solar panel installer licensing, and provided City Clerk to issue certain licenses administratively. Chapter 8. Animals: Expanded definitions on type of animals allowed, removed dog licensing (except for potentially dangerous and dangerous dogs); removed beekeeping permit requirements instead add performance standards for beekeeping; and expanded Farm and Other Small Domestic Animal provisions and Keeping of Poultry permit requirements. Chapter 10. Nuisances: Moved the Noise section from Chapter 12 Offenses and revised to use a reasonable person standard instead of decibels; and added a new section for Diseased Trees and included section on management of Grass and Weeds. Chapter 12. Offenses: Improved Weapons section to define what is prohibited, added Graffiti Prevention to help prevent vandalism, included new Social Host ordinance to discourage underage consumption of alcohol, and added Procurement of Third-Party Gift Cards section to help stop fraudulent purchases of these cards at retail establishments. Chapter 14. Parks and Recreation: Deleted Port Authority, moved park dedication fees to Chapter 26 Subdivisions and updated general park use, Lily Lake, Long Lake, McKusick Lake and St. Croix River waterfront to reflect current practices. Chapter 16. Streets, Sidewalks and Other Public Places: Removed Street excavation and construction section, moved building numbering section to Chapter 24 Buildings and Construction, added new section to prohibit snow and ice from being deposited onto public property and removed Street Light Utility section, which was moved to Ch. 2. Chapter 18. Traffic and Vehicles: Removed statutory crimes, updated self- propelled devices section, added no front yard parking. Chapter 20. Utilities: Clarified definitions of private water line and required connection, added water meter testing, failures and valve installation section as well as SAC and WAC requirements. Chapter 22. Environment: Moved all environment-related ordinances to this chapter, added new Salt Storage section and Stormwater Illicit Discharge and Illicit Connect section. Chapter 24. Buildings and Construction: moved all construction-related ordinances into this chapter, removed unnecessary references to State Laws and Codes, 3 moved fees to Fee Schedule Ordinance, and combined the Fire Prevention chapter into this chapter. Chapter 26. Subdivisions: Regulations remain unchanged, except for adding park dedication fees, but will be updated in 2024. Chapter 28: Zoning Code: Complete revision coming in 2024/2025. Minor changes occurred to update terminology and zoning charts. Added site plan review process, eliminated parking deficiency tax and special use permits, moved building demolition permits to Chapter 24 and Adult Uses to Chapter 6. SECTION 4 EFFECTIVE DATE. This ordinance shall be in full force and effect on March 15, 2024. Adopted by the City Council of the City of Stillwater this 6th day of March, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk   DATE: February 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Fee Schedule Amendment – 2nd Reading of Ordinance City Council reviewed the changes to the 2024 Fee Schedule at their February 20, 2024 regular meeting, The changes proposed were due to the adoption of the new city code. Council approved the changes and passed the 1st reading of the Ordinance amending the 2024 Fee Schedule. All changes are reflected on the attached Fee Schedule. The fee changes will be effective March 15, 2024. ACTION REQUESTED Motion to approve the 2nd reading of an Ordiance amending the City of Stillwater 2024 Fee Schedule.   City of Stillwater Washington County, Minnesota ORDINANCE 1212 AN ORDINANCE AMENDING THE CITY OF STILLWATER 2024 FEE SCHEDULE The City Council of the City of Stillwater does ordain: SECTION 1 The following fees are hereby revised by ordinance: a) I. ADMINISTRATION FEES. Revise Data Request items performed by the Police Department and add resonable fees per Minn Stats 130.03 for remote access to data as follows:   Police In-house Statistical Computer Run $25 Police Reports or State Accident Reports $0 Police Audio/Video (BWC) $25 per case no. Police Photographs $25 per case no.   b) II. BUILDING PERMIT FEES. Add working without a permit fee which is twice the permit fee.   c) III. BUSINESS LICENSING FEES. Add Hotel Licensing and $150 fee and redact Tree Contractor License Fee and add the following fees:   Adult Use License Prinicpal (primary activity) $250 Accessory (limited activity) $100 Initial Investigation Fee $300 Annual Investigation Fee $150 Alcohol Licenses Culinary Class $100 Buskers Permit $50 Gambling Premises Permit Background Check Fee $100   d) IV. ENGINEERING FEES. Revise Park and Trail Fee reference to reflect Chapter 26, Article VI in the new city codeand add the following fees:   Small Wireless Facility Collocation on City Structure $150/rent $25/maintenance $73/radio if less than 100 watts $182/radio if more than 100 watts Industrial Waste Strength Charge Met Council rate Vegetation Cutting Permit (St. Croix Overlay District) $25     1- e)V. FINANCE FEES. Add Lodging Tax 3% of gross receipts and Lodging Tax Penalty 10% of amount due. f)IX. POLICE FEES. Redact bicycle licensing fee and dog licensing fees except for Potentially Dangerous and Dangerous Dog license fees. Add Dangerous Dog Designation Appeal $200 fee and rename Special Vehicle License fee to Special Motorized Electric Cart Permit. g)XII. VIOLATIONS. Revise Administrative Citations City Code references to match chapters in the new city code, add Administration Citation Appeal $200 fee, redact Liquor, CBD & Tobacco License Violation Appeal fee, and redact Alcohol Violations section and insert Alcohol-related Civil Penalties Grid as follows: Sale of alcoholic beverages to underage person as part of compliance check $500 $750 + 3 day Suspension $1,000 + 9 day Suspension Revocation Alcohol-related Civil Penalties Grid - For penalities other than sale to underage persons as part of a compliance check  Key:   Level 3 – HFLS:  High Frequency, Low Severity   Level 1 – LFLS:  Low Severity, Low Frequency  Level 4 – HFHS:  High Frequency, High Severity  Level 2 – LFHS:  Low Frequency, High Severity  Level 3 – HFLS $500 – $1,000 fine and/or 5-10 day suspension revocation Level 4 – HFHS or 3 or more Aggravating Factors $1,000 – $2,000 fine and/or 10-60 day suspension revocation Level 1 LFLS $0 – $500 fine Options: Training, installation of alcohol devices, video surveillance, security, etc Level 2 – LFHS $500 – $1,000 fine and/or 3-5 day suspension 1.Incident Severity and Frequency – The city department reporting the violation to the City Council will sustatiate the severity and frequency of the incident in a report based on the number of incidents occurring at the licensed location under the same licnesee for the previous five years. Incident severity and frequency will take into consideration the totality of the circumstances and the potential or actual impact on a specific neighborhood or to the overall community. 2.Aggravating Factors – Aggravating Factors in a single incident may cause a move in the grid to the next level (either up or sideways). Examples of Aggravating Factors include, but are not limited to: Any prior violation of alcohol-related incidents in the last 5 years of the new incident (each prior shall be counted as on Aggravating Factor); *Felony or gross misdemeanor charges were issued out of the new incident; Any weapons, drugs or violence involved in the new incident; The act endangered the public; *The act involved a juvenile; The act involved bias or discrimination; 3.Penalities may include a Fine, Suspension, or Revocation or any combination thereof. h). VIXIII. ZONING AND LAND USE APPLICATION FEES. Redact Beekeeping Permit fee. Add Front Yard Parking Permit $25 fee, add Seasonal Food Vending (food trucks) $50 fee, add Planned unit developments $xx fee and add Variance – HPC Use Variance $500 fee. Also, add Subdivision/Plat (5 or more lots) Fees   of $750 with $5,000 Escrow for Preliminary Plat and $750 with $5,000 Escrow for Final Plat.   SECTION 2 UNCODIFIED. This ordinance shall not be codified in the Stillwater City Code but fees will be included in the City’s adopted 2024 Fee Schedule. SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance amends fees. The ordinance will not be codified in the City Code but the fees will be listed in the City’s 2024 Fee Schedule. SECTION 4 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 6th day of March, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov 2024 FEE SCHEDULE Effective March 15, 2024 I. ADMINISTRATION FEES Fee Data Practices Requests and/or Copies – Fee must be paid before any data is released (MS 13.03) Electronically Stored Data/Transmitted via pdf, 100 or fewer pages of letter or legal size Actual Cost (minimum rate is $30 per hour) Paper Copies (black and white), 100 or fewer pages letter or legal size 25¢ for a one-sided copy 50¢ for a two-sided copy Paper copies (black and white) 11 x 17 $0.75/page Paper Copies (color/prints) per side 8.5 x 11 (1-5 pages) $2.00/page 8.5 x 11 (6-50 pages) $1.75/page 8.5 x 14 (1-5 pages) $2.50/page 8.5 x 14 (6-50 pages) $2.25/page 11 x 17 (1-5 pages) $3.00/page 11 x 17 (6-50 pages) $2.75/page Copies or Electronic Transmittal of more than 100 pages or Other Types of Copies Actual Cost (minimum rate is $30 per hour) Data on CD/DVD/Flash Drive (does not include costs of retreiving data) $15 Data Practices Research Deposit $300 Police In-house Statistical Computer Run $25 Police Audio/Video (BWC) $25 per case no. Police Photographs $25 per case no. Prepared Maps ‐ Black/White/Blue Line As-built Drawings (11 x 17) $10 minimum or $3 per page City Map (8.5 x 11) or (11 x 17) $2 Land Use Map (11 x 17) $4 Zoning (8.5 x 11) $2 Zoning (11 x 17) $4 Prepared Maps ‐ Color City Map (8.5 x 11) or (11 x 17) $2 Land Use Map (11 x 17) $7 Parcel Map and Topographic Maps Available from Washington County Zoning Map (8.5 x 11) $5 Zoning Map (11 x 17) $7 Publications/Minutes/Agendas Budget Book $25 City Code Book Unbound $100 City Code Book Bound $125 Comprehensive Plan printed & bound $75 Comprehensive Plan CD $15 llwater THE BIRTHPLACE OF M I NNESOT: ~ 2024 Fee Schedule Page 2 of 12 3/15/24 Design Manual $5 Downtown Plan $10 Financial Report $50 Mailed agendas – per year $20 + Postage Mailed minutes – per year $60 + Postage Zoning Book $25 Other – (City meetings available on DVD through Valley Access Channel at 651‐430‐2921) Election Candidate Filing Fee $5 II. BUILDING PERMIT FEES Fee Minimum Fee Plumbing Permit Commercial 1% of bid plus state surcharge $55 plus state surcharge Residential $10 per opening plus state surcharge $55 plus state surcharge Water Softeners $25 plus state surcharge Sewer and Water $55 plus state surcharge Mechanical Permit Commercial 1% of bid plus state surcharge $55 plus state surcharge Residential – if installing both heat and air conditioning on the same permit Heating plant $55 plus state surcharge Air conditioning $25 plus state surcharge Residential – if installing either heat and air conditioning Heating plant only $55 plus state surcharge Air conditioning only $55 plus state surcharge Heating plant includes fireplaces $55 plus state surcharge Miscellaneous work such as duct work, new gas line, etc. $55 plus state surcharge Building Permit Fees – Total Valuation $1.00 to $500.00 $30 $501.00 to $2,000.00 $30 for the first $500 plus $3 for each additional $100 or fraction thereof, to and including $2,000 $2,0001 to $25,000 $75 for the first $2,000 plus $15 for each additional $1,000, or fraction thereof, to and including $25,000 $25,001.00 to $50,000.00 $425 for the first $25,000 plus $10 for each additional $1,000, or fraction thereof, to and including $50,000 $50,001.00 to $100,000.00 $675 for the first $50,000 plus $11.50 for each additional 1,000, or fraction thereof, to and including $100,000 2024 Fee Schedule Page 3 of 12 3/15/24 $100,001.00 to $500,000.00 $1,250 for the first $100,000 plus $5.50 for each $1,000, or fraction thereof, to and including $500,000 $500,001.00 to $1,000,000.00 $3,500 for the first $500,000 plus $4.50 for each Additional $1,000, or fraction thereof, to and including $1,000,000 $1,000,001.00 and up $5,750 for the first $1,000,000 plus $3.15 for each additional $1,000, or fraction thereof Other Inspections and Fees Inspections outside of normal business hours $55*/hour Reinspection fees assessed under provisions of Section 305.8 $55*/hour Inspections for which no fee is specifically indicated $55*/hour (minimum charge = one half hour) Additional plan review required by changes, additions or revisions to plans $55*/hour For use of outside consultants for plan checking and inspections, or both Actual costs** Working without a permit Twice permit fee *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. **Actual costs include administrative and overhead costs. III. BUSINESS LICENSING FEES Fee Per Year Adult Use License Prinicpal (primary activity) $250 Accessory (limited activity) $100 Initial Investigation Fee $300 Annual Investigation Fee $150 Alcohol Licenses On-Sale $2,887.50 On-Sale Club $446.25 On-Sale Sunday $200 On-Sale Extend Hours for World Cup $250 Off-Sale $200 On-Sale Wine $315 On-Sale Wine w/Strong Beer $477.75 On-Sale 3.2% Malt Liquor $162.75 On-Sale 3.2% Malt Liquor Extra Hours for World Cup $250 Off-Sale 3.2% Malt Liquor $57.25 Brewer Tap Room $500 Brewer Off-Sale $200 Small Brewer Off-Sale $200 Brewers Tap Room On-sale Sunday $200 Consumption & Display $250 initial + $250 payable to AGED 2 A.M. On-Sale $200 initial + $200 payable to AGED 2024 Fee Schedule Page 4 of 12 3/15/24 Micro Distiller Cocktail Room $2,887.50 Micro Distiller Off-Sale $200 Culinary Class $100 Temporary On-Sale or 3.2% Liquor License (*Fee includes AGED license and public safety services) Using Private Property $25 per day Using City Property with over 250 people $1,000/day* Using City Property with 75 to 250 people $250/day* Using City Property with under 75 people $25/day Initial Investigation Fee $300 Annual Investigation Fee $150 Building Contractor License $100 Buskers Permit $50 CBD Retail Establishment License $4,000 Initial Investigation Fee $300 Annual Investigation Fee $150 Gambling Premises Permit Background Check Fee $100 Hotel License $150 Pawn Broker Fee $5,000 plus $200 monthly fee for computer access charges Peddler Background Check $15 per individual or representative Short Term Home Rental License (valid 3 years) $300 Background Check Investigation Fee At City Cost Additional Inspection (1st inspection included in license fee) $150 each Solid Waste, Recycling and/or Roll‐off Hauler License Commercial Property (including roll-off) $300 Residential Property (including roll-off) $300 Roll-off Only $50 Therapeutic Massage Business and Massage Therapist License Therapeutic Massage Business License $100 Individual Massage Therapist Background Check $15 Tobacco License $250 Initial Investigation Fee $300 Annual Investigation $150 IV. ENGINEERING FEES Fee Escrow An Escrow shall be established to cover engineering and legal fees incurred by the City as part of the plan review. The fee shall be doubled for after‐the‐fact permit applications. AUAR Single Family $4,564.45/acre Multi-family/Commercial $9,128.89/acre Trunk Sewer and Water Phase III Annexation $22,793.12/acre Long Lake East $12,819.58/acre Long Lake West $18,891.93/acre Middle Trunk A $8,141.97/acre Boutwell East $18,157.36/acre Boutwell West $14,031.27/acre Park & Trail Fee See city code Chapter 26, Article VI 2024 Fee Schedule Page 5 of 12 3/15/24 Other Engineering Fees Sanitary Sewer Hookup $5,000/unit Water Hookup $5,000/unit Public ROW or Pubic Easement Vacation $350 Small Wireless Facility $50/device $5,000 Small Wireless Facility Collocation on City Structure $150/rent $25/maintenance $73/radio if less than 100 watts $182/radio if more than 100 watts Industrial Waste Strength Charge Met Council rate Grading Erosion Control - Residential $250 $2,500 - Non-Residential $700 $7,000 Grading Permits See Uniform Building Code Vegetation Cutting Permit (St. Croix Overlay District) $25 Obstruction Permit $50/week Right-of-Way Permit Hole: $200 per hole Trench: $200 plus $0.50 per lineal foot of trench Boring: $200 plus $0.50 per lineal foot of trench Extension: $200 plus $0.50 per lineal foot of trench Penalty: 2 times the amount of standard permit Degradation: homeowners are exempt on repairs to existing sewer and water services in the right‐of‐way To be calculated by City (see below for estimates) Degradation Fee Estimates for Bituminous Street New Street - 0 to 5 years $4.00 per square foot Existing Street $2.00 per square foot Street to be reconstructed in next 5 years $1.00 per square foot Degradation Fee Estimates for Bituminous Pathway New Path - 0 to 5 years $1.50 x path width x length Existing Path - 5 years old to 5-year plan $1.00 x path width x length Path to be reconstructed in next 5 years $0.50 x path width x length V. FINANCE FEES Fee Assessment Searches $25 Assessment Roll Copy (each) $25 Merchant Credit Card Processing Fee At City Cost Mowing & Snow Removal Services - in addition to contractual services 1 time service call or first reoccurring service call $100 Second service call and each additional reoccurring service calls $50 NSF Checks or denial of ACH Fee Maximum allowed by law Special Service District Assessment Fee $500/commercial building Lodging Tax 3% of gross receipts Lodging Tax Penalty 10% of amount due 2024 Fee Schedule Page 6 of 12 3/15/24 VI. FIRE FEES Fee Annual license for retail sales of consumer fireworks $100 Fireworks Display Permit (Pyrotechnics) $100 Automatic fire extinguishing systems 1.2% of value, $100 minimum Fire alarm systems 1.2% of value, $100 minimum Open burning permit $20 Residential daycare and foster care inspection $50 Tank removal permit $75 Yearly nuisance/false alarm fees* – Residential *False alarm fees based on calendar year and per call basis $0 1-2 $75 3-4 $150 5-6 $300 7-8 $400 9 + Yearly nuisance/false alarm fees* – Commercial *False alarm fees based on calendar year and per call basis $0 1-2 $90 3-4 $180 5-6 $360 7-8 $425 9 + Lift Assists (non-injury) Independent Living Facilities/Residential $0 1-2 / year $100 3-4 / year $200 5-6 / year $400 7 + / year Lift Assists (non-injury) Assisted Living Facilities, Nursing Care Facilities $400/call Fire Personnel Fees (Services that do not fall under Events) Fire Department Personnel Overtime Rate – 3 hr. Minimum VII. PARK RESERVATION FEES Fee Park Facilities (picnic shelters, gazebos, pergolas) $100 refundable damage deposit and $100/day reservation fee Ball fields (for tournaments) $150 refundable damage deposit and $300 reservation fee Preparation of Ball fields Lower Lily Lake field $20/game Upper Lily Lake field or Public Works Field $15/game Baseball & Softball $15/game except Lower Lily Lake field Lacrosse or Soccer $20/application Football $25/application Park Open Space $100 refundable damage deposit and $50/day reservation fee Pioneer Park Bandshell & Lowell Park Amphitheater All groups, including not‐for‐profit and educational institutions must pay to use the bandshell and amphitheater $100 refundable damage deposit and $125/day reservation fee Teddy Bear Park Building Rates – A $100 refundable damage deposit per floor plus the following: Mon-Thurs Fri-Sun First 3 hrs. (1st floor) $80 First 3 hrs. (1st floor) $160 Add’l hour (1st floor) $25 Add’l hour (1st floor) $45 First 3 hrs. (2nd floor) $60 First 3 hrs. (2nd floor) $125 2024 Fee Schedule Page 7 of 12 3/15/24 Add’l hour (2nd floor) $15 Add’l hour (2nd floor) $35 Events & Special Events Event Application Fee $25 Special Event Application Fee $50 Special Event with Contract Application Fee $100 Application Late Fee $75 for events/$500 for special events Event Fees (Defined): *Per Day includes each day of event. Separate load‐in day fee of $500/day will apply. Event Special Event Special Event With Contract No event base fee required but $100 refundable damage deposit if using park + park reservation fees apply $500/day* base fee plus $1,000 security deposit $500/day* base fee plus $1,000 security deposit – subject to negotiated contract provisions Food Service Vendors at Events 1-10 Vendors $50/day of service at event 11+ Vendors $200/day of service at event Materials for Events Porta Potty – ADA Compliant Actual Cost from City Vendor Porta Potty – Standard Actual Cost from City Vendor Additional Service Actual Cost from City Vendor Traffic Control for Events requiring intersection(s) controlled Organizer required to provide proper traffic control equipment Route Events under 4 hours $300/day Parades or Route Events over 4 hours $1,000/day Road Closure for Events without Routes $0 VIII. PARKING FEES Fee Parking Lot Rental for Events – Organizer required to provide proper traffic control equipment Lots 1, 7, 8, 8A, or 12-17 (Lot 17 is available at no charge for Veteran Memorial Events & Farmers Market) Not available Lots 2 (north half), 2 (south half), 3, 4, 5, 8B, 9,10, 11 $200/day Downtown Parking Rental Rates – All stalls $9/day/space Permit Parking Downtown Residential Permit parking per vehicle $20/month Downtown Business Permit per vehicle $20/month Parking Ramp – Rivertown Commons (limit 8) $25/month Parking Ramp – General Residential Permit (limit 17) $35/month Hourly Parking Hourly Parking (10:00 a.m. to 10:00 p.m. daily, except during events) All Surface Lots (1-12) and On-street Parking east of Main Street (Nelson Street, Water Street, Myrtle Street, Mulberry Street) $1/hour Event Parking All Surface Lots (1-12) and On-street Parking east of Main Street (Nelson Street, Water Street, Myrtle Street, Mulberry Street) $10/day Merchant Processing Fees At City Cost IX. POLICE FEES Fee Potentially Dangerous Dog License $200 I - 2024 Fee Schedule Page 8 of 12 3/15/24 Dangerous Dog License $400 Dangerous or Potentially Dangerous Dog License Replacement Tag $5 Dangerous Dog Designation Appeal $200 Dog Impound $50 Kennel Fees $250 Special Motorized Electric Cart Permit $100 Police Personnel Fees (Services that do not fall under Events) Police Dept. Personnel/Officers Overtime Rate – 3 hr. Minimum Police Reserves $25 per hour – 3 hr. Minimum X. ST. CROIX VALLEY RECREATION CENTER RATES Hourly Rates Prime Time Non‐Prime Time Summer Ice Rec Center Ice $245/hour $190/hour $190/hour Lily Lake Ice $240/hour $190/hour $190/hour Full Field Hours $345/hour $280/hour $190/hour Half Field House $245/hour $215/hour $190/hour Other Rates Open Skating $7/child $8/adult Open Field $7/child $8/adult XI. UTILITY FEES Fee Sanitary Sewer Rates - Per Quarter First Minimum Charge $78.11 Overage Charge $10.71 Penalty/Late Fee 10% Street Lighting Rates - Per Quarter Residential $12.36 3% increase in 2025 Per Quarter Non-Residential Based on acreage Storm Sewer Rates - Per Quarter $15.75 $16.22 for 2025 Water Rates: Commercial Winter $2.77/1000 gal Commercial Summer $3.02/1000 gal Residential 1000-8000 gallons $1.70/1000 gal Residential 9000-18,000 gallons $2.23/1000 gal Residential 19,000-28,000 gallons $2.76/1000 gal Residential 29,000+ gallons $4.35/1000 gal Curb turn on/shutoff (during business hours) No Charge Curb turn on/shutoff (after business hours) $100 Hydrant Connection or meter $35 Water Availability Charge $1000 per Sac Unit Water Meter – ¾” $300 Water Meter – 1” $400 Water Meter – >1” At Cost Parts (curb stop, valves, fitttings) – Residential and Commercial properties only At Cost Bulk water $2 per 1,000 gallons Hydrant meter deposit $2,500 I I I I 2024 Fee Schedule Page 9 of 12 3/15/24 XII. VIOLATIONS Fine City Code Administrative Citations (Chapter 2, Article VI) Animal – Wild or Dangerous Dog $500 Ch. 8 Animal violations including bees, farm & other small domestic animals (except dangerous animals) $55 Ch. 8, Ch. 28 Building Demolition violations of historic structures $500 Ch. 28 Curfew $50 Ch. 12 Disposal of waste into sewer system $100 Ch. 10, Ch. 22 Failure to obtain a license, registration or permit $250 Ch. 6 Fire Code violations $100 Ch. 24 Garbage & Rubbish $25 Ch. 22 Noise violations $150 Ch. 10 Parking violation $25 Ch. 18 Parking violation snow emergencies $50 Ch. 18 Parking violation late fee $25 Ch. 2 Public nuisance, general $200 Ch. 10 Public nuisances affecting health, peace and safety $500 Ch. 10 Public health, safety, welfare violations (except as otherwise stated) $100 Ch. 10 Public parks violations $50 Ch. 14 Public waters violations $200 Ch. 22 Recreational vehicles violation $50 Ch. 18 ROW permit violations $100 Ch. 10 Self-propelled devices violations $50 Ch. 18 Short Term Home Rental 1st verified complaint $250 Ch. 28 Short Term Home Rental 2nd verified complaint $1,000 Ch. 28 Short Term Home Rental 3rd verified complaint $2,000 Ch. 28 Snowmobiles $70 Ch. 18 Special & Conditional Use Permit violations $250 Ch. 28 State Building Code violations, general $200 Ch. 24 State Building Code violations, hazardous $500 Ch. 24 Stormwater violations $200 Ch. 22 Subdivision Ordinance violations $250 Ch. 26 Watering restriction violations $25 Ch. 10 Zoning Ordinance violations, unless otherwise stated $100 Ch. 28 Except as otherwise stated above, all other violations of City Code $100 Repeat Violations within 12 months (except parking violations) Double the amount of scheduled fine for the previous violation, up to a maximum of $2,000 Administration Citation Appeal $200 Alcohol Violations *Look back period for multiple offenses is no more than 5 years 1st Offense 2nd Offense 3rd Offense* 4th Offense Sale of alcoholic beverages to underage person as part of compliance check $500 $750 + 3 day Suspension $1,000 + 9 day Suspension Revocation 2024 Fee Schedule Page 10 of 12 3/15/24 Alcohol‐related Civil Penalties Grid - For penalities other than sale to underage persons as part of a compliance check Key: Level 3 – HFLS: High Frequency, Lowe Severity Level 1 – LFLS: Low Severity, Low Frequency Level 4 – HFHS: High Frequency, High Severity Level 2 – LFHS: Low Frequency, High Severity Level 3 – HFLS $500 – $1,000 fine and/or 5-10 day suspension revocation Level 4 – HFHS or 3 or more Aggravating Factors $1,000 – $2,000 fine and/or 10-60 day suspension revocation Level 1 LFLS $0 – $500 fine Options: Training, installation of alcohol devices, video surveillance, security, etc Level 2 – LFHS $500 – $1,000 fine and/or 3-5 day suspension 1. Incident Severity and Frequency – The city department reporting the violation to the City Council will sustatiate the severity and frequency of the incident in a report based on the number of incidents occurring at the licensed location under the same licnesee for the previous five years. Incident severity and frequency will take into consideration the totality of the circumstances and the potential or actual impact on a specific neighborhood or to the overall community. 2. Aggravating Factors – Aggravating Factors in a single incident may cause a move in the grid to the next level (either up or sideways). Examples of Aggravating Factors include, but are not limited to:  Any prior violation of alcohol-related incidents in the last 5 years of the new incident (each prior shall be counted as on Aggravating Factor);  *Felony or gross misdemeanor charges were issued out of the new incident;  Any weapons, drugs or violence involved in the new incident;  The act endangered the public;  *The act involved a juvenile;  The act involved bias or discrimination; 3. Penalities may include a Fine, Suspension, or Revocation or any combination thereof. CBD Violations *Same licensed premises within 36 month period of first violation 1st Offense 2nd Offense* 3rd Offense and subsequent* Sale/purchase of CBD intoxicating products to/by underage person $500 $750 + 3 day Suspension $1,000 and Revocation Refusal to allow City Inspectors & Police to inspect premises 5 day Suspension 15 day Suspension Revocation CBD Ordiance Violations $500 Double amount of scheduled fine for the previous violation, up to a max. of $2,000 Tobacco Violations *Same licensed premises within 36‐month period of first violation 1st Offense 2nd Offense* 3rd Offense and subsequent* Refusal to allow City Inspectors & Police admission to inspect premises $300 $600 $1,000 and Revocation Sale/purchase to/by underage person $300 $600 $1,000 and Revocation Unlawful self-service sale $300 $600 $1,000 and Revocation Unlawful vending machine $300 $600 $1,000 and Revocation All other tobacco violations $300 $600 $1,000 and Revocation 2024 Fee Schedule Page 11 of 12 3/15/24 XIII. ZONING AND LAND USE APPLICATION FEES Per Ordinance 1198, Adopted May 7, 2023 Escrow payment. Applicants shall be required to pay a cash escrow fee as required by the Fee Schedule in this Ordinance. The escrow fee shall be used to pay any outside expenses and fees incurred by the City, including, but not limited to consultants, attorneys, planning and engineering fees or other expenses due to the application. If, at any time, the balance in the cash escrow account is depleted to less than ten percent (10%) of the originally required cash escrow amount, the applicant shall deposit additional funds in the cash escrow account as determined by the Community Development Director. All expenses and fees in excess of the escrow deposit, shall be paid by the applicant to the City within thirty (30) days of final action on the matter by the City. If not paid within thirty (30) days, the account shall be deemed delinquent. Any balance remaining in the cash escrow account upon completion of the process shall be returned to the applicant after all expenses and fees thereto have been deducted, following final action by the City in the matter. Fee Escrow Application Type Annexation Request $2,000 Building Demolition Application $500 Chicken Permit $50 (initial application only) Encroachment Agreement $500 Fence Permit $25 Front Yard Parking Permit $25 Home Occupation – Type I $250 Home Occupation – Type II & III $500 Seasonal Outdoor Sales Seasonal Food Vending (food trucks) $25 Sign Permit $50 Tax Increment Financing $10,000 Zoning Verification Letter $150 Park and Trail Dedication Fees Single-family residential/commercial condominium lot Estimated $2,000/unit Duplexes Estimated $1,500/unit Townhomes Estimated $1,500/unit Multifamily Estimated $1,500/unit General Zoning Applications Administrative Lot Combination $100 Administrative Lot Split $750 Administrative lot line adjustment $500 Appeals $250 Comprehensive Plan Amendment $2,500 Concept Plan Review $1,000 Conditional Use Permit/Interim Use Permit – Use Approval (not site plan review) $250 Conditional Use Permit/Interim Use Permit (with site plan review for commercial, industrial, multifamily, environmental overlay district, neighborhood conservation overlay district and central business district $250 $1,500 Heritage Preservation Commission Design Review – new dwellings & structures on National Registry of Historic Places $250 Heritage Preservation Commission Design Review – additions to existing structures $100 Planned Unit Developments $2,500 2024 Fee Schedule Page 12 of 12 3/15/24 Subdivision/Plat (4 lots or less) $750 Subdivision/Plat (5 or more lots) Preliminary Plat $750 $5,000 Final Plat $750 $5,000 Site Plan Review (commercial, industrial, multifamily, environmental overlay districts, central business district) $500 $1,500 Variance – Residential $150 Variance – Commercial, Industrial, Multifamily $500 Variance – HPC Use Variance $500 Zoning Amendment – Map $2,500 Zoning Amendment – Text $1,000 DATE: March 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Cody DeNucci, Assistant Public Works Superintendent SUBJECT: Approving Fence Installation at Staples Ball Field and Lily Lake Playground BACKGROUND STAPLES: This summer, the playground at Staples Park is being replaced. Additionally, the playground location is moving from the south east corner of the park to the south west corner. In efforts to keep the ball field and playground separate, staff has decided to install a fence around the ball field. There is already an existing fence on the west side of the field that is in good condition. Staff has proposed to install a similar fence surrounding the rest of the ball field. In doing so, kids using the playground will be separated from anyone using the ball field. LILY LAKE: Staff has removed the trees the dead/diseased trees around the Lily Lake Playground because of the safety hazards. With the new playground structure being installed this year, and since the trees have been removed, staff would like to install a fence on the east side of the playground, along Greeley St., and around the northern corner of the playground along the driveway. This will keep the kids safe and separate from any traffic traveling in these areas, and would complement the newly renovated playground area. Staff has received four quotes for installing fencing in the two parks, with the lowest quote coming from Century Fence at $12,275.00. Funding would come from the 2024 Parks Capital Outlay Budget. RECOMMENDATION It is recommended that Council approve the contract with Century Fence to install fencing at Staples Field and Lily Lake Playground. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion APPROVING THE CONTRACT WITH CENTURY FENCE FOR INSTALLATION OF FENCING AT STAPLES FIELD AND LILY LAKE PLAYGROUND. 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 6th day of March, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Century Fence Company, 14839 Lake Dr. NE, Forest Lake, MN 55025 (“Contractor”). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; 2024 Park Fencing – Lily & Staples NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services (“Services”), as defined in the following documents: i. A proposal dated 2/23/24, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 2 3. TERM. This Agreement expires on 3/6/25. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 3 8. CITY’S REPRESENTATIVE. The City has designated Cody DeNucci to act as the City’s representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Jason Larson to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Century Fence Company 216 4th Street North 14839 Lake Dr. NE Stillwater, MN 55082 Forest Lake, MN 55025 Attention: Cody DeNucci Attention: Jason Larson Or e-mailed: cdenucci@stillwatermn.gov Or emailed: jlarson@centuryfence.com 4 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By:____________________________________ Ted Kozlowski, Mayor By:____________________________________ Beth Wolf, City Clerk CONTRACTOR CEgRY FENCE COMPANY By: ~~'-'- By (Please Print): JI\Sof\.l LJ-\'1-.) c;t-J Title (Please Print): eSTI M '+TPfL./ ~ MIU<JA~ Project Description: 2024 Park Fencing-Lily & Staples 5 Quote Century Fence Company 14839 Lake Dr NE Forest Lake, MN 55025 Quote To: CITY OF STILLWATER 216 N 4TH ST. STILLWATER, MN 55082 Staples Parle 140' Project Location: Staples Park/ Lilly Lake Park Description Quote#: 21702 Quote Date: 2/23/2024 Furnish and install 140 LF of 4 Foot high galvanized chain link fence. Line posts shall be 2" O.D. Galvanized steel pipe Driven 48" in depth and spaced a maximum of 1 O' on centers. The fence shall consist of top rails which will be 1-5/8" O.D. Galvanized pipe.• 2 -End post: 2-1/2" O.D. Galvanized pipe -Driven $3600 Staples Parle 250' Furnish and install 250 LF of 4 Foot high galvanized chain link fence. Line posts shall be 2" O.D. Galvanized steel pipe Driven 48" in depth and spaced a maximum of 1 O' on centers. The fence shall consist of top rails which will be 1-5/8" O.D. Galvanized pipe. • 2 -End post: 2-1 /2" O.D. Galvanized pipe -Driven • 1 -Corner post: 2-1 /2" O.D. Galvanized pipe -Driven $5100 Lilly Lake Park 155' Furnish and install 155 LF of 4 Foot high galvanized chain link fence. Line posts shall be 2" O.D. Galvanized steel pipe Driven 48" in depth and spaced a maximum of 1 O' on centers. The fence shall consist of top rails which will be 1-5/8" O.D. Galvanized pipe. • 2 -End post: 2-1 /2" O.D. Galvanized pipe -Driven• 1 -Corner post: 2-1 /2" O.D. Galvanized pipe -Driven $3800 Lilly Lake Park 300' Furnish and install 300 LF of 4 Foot high galvanized chain link fence. Line posts shall be 2" O.D. Galvanized steel pipe Driven 48" in depth and spaced a maximum of 1 O' on centers . The fence shall consist of top rails which will be 1-5/8" O.D. Galvanized pipe. • 1 -Corner post: 2-1/2" O.D. Galvanized pipe -Driven• 2 -End post: 2-1/2" O.D. Galvanized pipe -Driven $6250 Lilly Lake Park Black Coated 300' Furnish and install 300 LF of 4 Foot high vinyl chain link fence. Line posts shall be 2" O.D. Vinyl steel pipe Driven 48" in depth and spaced a maximum of 1 O' on centers . The fence shall consist of top rails which will be 1-5/8" O.D . Vinyl pipe. • 1 -Corner post: 2-1/2" O.D. Vinyl pipe -Driven• 2 -End post: 2-1/2" O.D. Vinyl pipe -Driven $7175 Notes: Excludes Clearing, Excavation through rock, Excavation through frost, Grubbing, Hydro-excavating, Permit, Prevailing Wages, Private Utility Locate, Survey Quote Valid For 15 days Buyer's Signature: Date: Submitted by: Change Acceptance: This quote when accepted in writing by purchaser and by Century Fence Corrpany includes the terrrs and conditions Jason Larson set forth on www .centuryfence .com which are incorporated by reference and becorres a contract between two parties. If the project is cancelled upon agreerrent and special rraterials were purchased , the custorrer agrees to pay Office: 651-464-7373 100% of the rraterial cost Cell:612-666-1680 Terms of Payment: N9t Cash upon receipt of invoice. Email:JLarson@centuryfence.com Lilly Lake Playground Area (please provide a quote for each option): Option 1-Install 155ft of 4ft fence along the East side of the playground and attach to existing fence Price: f ~ 'lei) Option 2-Install 300ft of 4ft fence to the North and East of the playground Price: Option 3-Install 300ft of 4ft black or green coated fence to the North and East of the playground Price: $ 7 l { 5 ~ Staples Ball Field (please provide a quote for each option): Option 1-Install 140ft of 4ft fence on the South end of the ball field to match existing fence. Price: ~ 2->CaW --- Option 2-Install 250ft of 4ft fence to the Southand East of the ball field to match existing fence. Price: ~ £\ 00 I ' I ~ '. ~~ , / ' ~ • ., • m ,:: ;t: 0 z -" l'! in .. "' ;t: .. :. t - Sc -- Option 2: Ins tall 250 ft of 4 ft fence to the South and East of the ball fie ld . ,., ., . 1 ~-. '/, ., ~-. ,M'~ ,. -;,;,;-. .\\,,,... ~5 -~ ~·,J-~ r ' '"' ~- - DATE: March 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: League of Minnesota Cities Grant Navigator Funding DISCUSSION The League of Minnesota Cities has a program that assists cities with the financial costs of seeking and securing grant funds to meet local needs. Cities are encouraged to work with industry partners in finance and engineering to identify the types of grants that align with a community project. The initial grant is capped at $5000 per city but can potentially be increased by an additional $5000 after further review by the League’s Grant Committee. The program is not intended to offset costs of city staff time. In response to a Health Risk Advisory issued by the Minnesota Department of Health relevant to Well #6, it is anticipated that the City of Stillwater will be undertaking a planning study that will model the existing water distribution system, identify, and evaluate short- and long-term alternatives, and recommend next steps to mitigate health risks associated with the presence of PFAS in Well #6. At this time, the City has suspended the use of Well #6 due to the Health Risk Advisory. Stillwater’s water utility consultant, TKDA, has identified possible grant programs to assist with the cost of the planning study. The LMC Grant Navigator Program could pay for the City’s consultant to seek additional funding sources and to prepare grant applications on behalf of the city. RECOMMENDATION Staff recommends adoption of a Resolution Authorizing Application for Grant Navigation Support for the City. ACTION REQUESTED If the Council concurs with the recommendation, they should pass a motion adopting RESOLUTION _____ AUTHORIZING APPLICATION FOR GRANT NAVIGATION SUPPORT FOR THE CITY City of Stillwater Washington County, Minnesota RESOLUTION 2024-024 AUTHORIZING APPLICATION FOR GRANT NAVIGATION SUPPORT FOR THE CITY WHEREAS, the League of Minnesota Cities (“LMC”) has created a pilot Grants Navigation Program (“Program”) in which LMC will provide grants up to $5,000 per city to use with industry partners to ease the process of identifying matching funds to city projects and aid in the grant application projects; and WHEREAS, the Program is limited to providing services to help obtain grant funding for one project per city; and WHEREAS, the Program is limited to providing support in obtaining grant funding, and LMC does not provide funds to implement projects; and WHEREAS, the City of Stillwater (“City”) wishes to apply to the Program to for support in finding grant funding for Well #6 PFAS Mitigation Study (“Project”); and WHEREAS, the City recognizes that the if approved, any funds received through the Program must be used in a manner consistent with the conditions above as well as all other conditions or limitations of the Program. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Stillwater, Minnesota as follows: 1. The City names Shawn Sanders as its fiscal agent (“Fiscal Agent”) for the purposes of applying to the Program on behalf of the City. 2. The City authorizes the Fiscal Agent to act on its behalf when communicating with LMC in all matters related to the Program application for the Project. 3. If the City is awarded a grant under the Program, it agrees to use the funds to engage with industry partners who will aid in the grant matching and application process consistent with the terms and conditions of the Program. 4. If a state, federal, foundation, or nonprofit grant match is not found, or is applied to but not awarded, the City will seek feedback on why the project was not eligible and report back to the LMC with these findings consistent with the terms and conditions of the Program. 5. If a state, federal, foundation, or nonprofit grant is awarded, a project assessment will be submitted to LMC within six months of the application's approval and then periodically until after project completion consistent with the terms and conditions of the Program. Adopted by the Stillwater City Council this 6th day of March, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2024-023 RESOLUTION IN SUPPORT OF SUNRISE ROTARY CLUB BRIDGE THE VALLEY BIKE RALLY ON AUGUST 11, 2024 WHEREAS, the League of Minnesota Cities (“LMC”) has created a pilot Grants Navigation Program (“Program”) in which LMC will provide grants up to $5,000 per city to use with industry partners to ease the process of identifying matching funds to city projects and aid in the grant application projects; and WHEREAS, the Program is limited to providing services to help obtain grant funding for one project per city; and WHEREAS, the Program is limited to providing support in obtaining grant funding, and LMC does not provide funds to implement projects; and WHEREAS, the City of Stillwater (“City”) wishes to apply to the Program to for support in finding grant funding for Well #6 PFAS Mitigation Study (“Project”); and WHEREAS, the City recognizes that the if approved, any funds received through the Program must be used in a manner consistent with the conditions above as well as all other conditions or limitations of the Program . NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Stillwater, Minnesota as follows: 1. The City names Shawn Sanders as its fiscal agent (“Fiscal Agent”) for the purposes of applying to the Program on behalf of the City. 2. The City authorizes the Fiscal Agent to act on its behalf when communicating with LMC in all matters related to the Program application for the Project. 3. If the City is awarded a grant under the Program, it agrees to use the funds to engage with industry partners who will aid in the grant matching and application process consistent with the terms and conditions of the Program. 4. If a state, federal, foundation, or nonprofit grant match is not found, or is applied to but not awarded, the City will seek feedback on why the project was not eligible and report back to the LMC with these findings consistent with the terms and conditions of the Program. 5. If a state, federal, foundation, or nonprofit grant is awarded, a project assessment will be submitted to LMC within six months of the application's approval and then periodically until after project completion consistent with the terms and conditions of the Program. 6. Adopted by the Stillwater City Council this 20th day of February, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: March 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Cody DeNucci, Assistant Public Works Superintendent SUBJECT: Approving LED Conversion in the Forest Hills Development Area BACKGROUND The Forest Hills Development has 13 existing light poles that have sodium lights in them. These lights are in the process of being phased out and in 2022, XCEL Energy did a conversion in most areas of Stillwater to change over to new LED fixtures. Since the City of Stillwater owns the light poles in the Forest Hills area, staff has made the decision to change over our streetlights to LED as well. The existing fixtures on these streetlights are out dated and most need repairs. The glass on the current fixtures has become foggy and some are broken. The new fixtures will keep the same look as the originals, but with no glass so very little maintenance is necessary. Staff received 3 quotes for this project, Daley Electric came in as the low bidder with the amount of $20,533.00. Funding would come from the 2024 Street Lighting Capital Outlay budget. RECOMMENDATION It is recommended that Council approve the contract with Daley Electric for work on the Forest Hills Streetlights. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion APPROVING THE CONTRACT WITH DALEY ELECTRIC FOR WORK ON FOREST HILLS STREETLIGHTS. 1 AGREEMENT FOR SERVICES THIS AGREEMENT (“Agreement”) is made and executed this 6th day of March, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, (“City”) and Daley Electric, 222 21st St, Newport, MN 55055 Contractor”). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Forest Hills Streetlights NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services (“Services”), as defined in the following documents: i. A proposal dated 2/26/24, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 2 3. TERM. The term of this Agreement expires on 3/6/2025. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 3 8. CITY’S REPRESENTATIVE. The City has designated Cody DeNucci to act as the City’s representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Frank Pivec to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor’s employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Daley Electric 216 4th Street North 222 21st St. Stillwater, MN 55082 Newport, MN 55055 Attention: Cody DeNucci Attention: Frank Pivec Or e-mailed: cdenucci@stillwatermn.gov Or emailed: Frank.Pivec@daley-electric.com 4 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By:____________________________________ Ted Kozlowski, Mayor By:____________________________________ Beth Wolf, City Clerk CONTRACTOR DALEY ELEC:r~ By:~I By (P lease Print): ~(...1:.-1 ~ fA lt'.::'_J Titl e (Pl ease Print): Pr.e5>1d Cr\ t- Pr oj ec t Descrip ti on: Fo res t Hil l s Stree t li ghts 5 illwater water Street MN 55082 220:: ~ DoJ;,amnont,d'l'ltbUoWor/al ) LOO Public Works Department PROJECT: Item# Item Unit Quantity Unit Price Total $1550 $20,143 Furnish and Install New Spec LED 1 Fixtures on Existing Poles (40 Watt) EACH 13 2 Haul and Dispose of Old Light Fixtures EACH 13 $30 $390 Total $20,533 Contracto rs Anticipated Start Da te_4_/_1_/2_4 ________________ _ Notes IC 134 must be submitted prior to final payment Bids due to the City of Stillwater 2/23/2024 at 12:00PM All bids must be submitted on the City's proposal form and be a complete proposal. Bids may be submitted by mail, email, or in person to City Hall at above address Attn: Cody DeNucci Questions contact Cody DeNucci at 651-275-4101 or cdenucci@ci.stillwater.mn.us The City reserves the right to add or subtract quantities. Please provide any additional comments, modifications, or suggestions to the proposal prior to quote due de Bids should be labeled Forest Hills Streetlights Bid Proposal Date: 2/26/24 Company Name: Daley Electric Print Name: Frank Pivec Address: 222 2~st Street Signature : r~ /J4<H,,C, N ewport, MN 55055 -~~~~~~--------~-------------- Tit I e: Project Mana ger Phone: 651-379-5027 DATE: March 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Issuance of a new On-Sale Liquor License with Sunday Sales for AMGAR Hunn Inc. dba Key Café Bar & Bakery BACKGROUND AMGAR Hunn Inc. dba Key Café Bar & Bakery has submitted an application for an on- sale with sunday sales intoxicating liquor license. Key Café moved into the vacant location at 1400 W. Frontage Rd (formerly Norman Quacks). The license will be effective after satisfactorly completing all license requirements. RECOMMENDATION Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Planning and Finance Departments, as well as Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving the issuance of a new On-Sale Liquor License with Sunday Sales for Key Café at 1400 W. Frontage Rd, contingent upon the satisfactory investigation, inspections, and approvals. City of Stillwater Washington County, Minnesota RESOLUTION 2024- APPROVING ISSUANCE OF NEW ON-SALE LIQUOR LICENSE WITH SUNDAY SALES TO AMGAR HUNN INC. DBA KEY CAFÉ BAR & BAKERY WHEREAS, an application has been received for the issuance of an On-Sale Liquor License with Sunday Sales to AMGAR Hunn Inc. dba Key Café Bar & Bakery, located at 1400 W. Frontage Rd; and WHEREAS, all required documentation has been submitted and fees paid. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the issuance of a new On-Sale Liquor License with Sunday Sales to AMGAR Hunn Inc. dba Key Café Bar & Bakery conditioned upon approval from Police, Fire, Building, Planning and Finance Departments, as well as Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). Adopted by the Stillwater City Council this 6th day of March, 2024. CITY OF STILLWATER _________________________ Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: March 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Cody DeNucci, Assistant Public Works Superintendent SUBJECT: Approving Contract for Upgrade of Northland Pickleball Courts BACKGROUND Staff has received multiple suggestions about changing the layout of the Northland Pickleball Courts to make the facility more user friendly. It is recommended that we adjust the court locations in order to create more space and add fencing in between courts. Staff has received 3 quotes for this project, with Court Surfaces and Repair Inc. being the low bid at $42,575 . Funding is available in the 2024 Parks Capital Outlay for this project. RECOMMENDATION It is recommended that Council approve the contract with Court Surfaces and Repair Inc. to upgrade the Northland Pickleball Courts. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion APPROVING THE CONTRACT WITH COURT SURFACES AND REPAIR INC. TO UPGRADE THE NORTHLAND PICKLEBALL COURTS ill\Yater . ~~ '-' The Birthplace of Minnesota J AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 6th day of March, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Court Surfaces & Repair, Inc., 16215 Yalta St. NE, Ham Lake, MN 55304 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Northland Pickleball 2024 NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 2/01/24, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 1 3. TERM. This Agreement expires on 3/6/25. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved ofliability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, 1. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Cody DeNucci to act as the City's representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Jake Klute to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers ' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Court Surfaces & Repair, Inc. 216 4th Street North 16215 Yalta St. NE Stillwater, MN 55082 Attention: Cody DeNucci Or e-mailed: cdenucci@stillwatermn.gov 3 Ham Lake, MN 55304 Attention: Jake Klute Or emailed: klutejake@gmail.com 14. INDEPENDENT CONTRACTOR STATUS . All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS . a . Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach ofthis Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: ______________ _ Ted Kozlowski, Mayor By: ____________ _ Beth Wolf, City Clerk 4 CONTRACTOR cou~:ACES & REPAIR, INC. By: µ.,{D~ By (Please Print): X t"UV\ \) , U-v\ ~·o---v-) Title (Please Print): ~ce-s I~ Project Description: Northland Pickleball 2024 5 Court Surf aces & Repair, Inc. Troy D. Carlson• 16215 Yalta St. NE • Ham Lake, MN 55304 • 612-386-9171 • Fax: 763-785-7929 thcarlson@msn.com • www.csr-1.com February 1, 2024 RE: SURFACING OF NEW PICKLEBALL COURTS I Stillwater I Northland Park. -(8) Pickleball Courts (2,050s.y.) The process to surface courts is as follows: -High-pressure blow entire surface clean of dirt and debris. -Patch and blend low areas, ("birdbaths") to surrounding surface. -Repair cracks and surface depressions with Acrylic Patch Binder. -Apply (2) textured coats of acrylic blended resurfacer to fill surface imperfections. -Apply (2) textured acrylic color coats, colors Light green I Blue/ Red. * (SportMaster Color Plus system & products used) -Upon curing roller apply 2" white playing lines per ASBA specifications. *CSR will need a water source supplied near facility location . Item 1 & 2: Move nets & posts to have 8' clearance each end, air drive (16) post sleeves and (8) net hold-downs is $ 8,160 .00. Item 3: Repair (24) footing by grinding and repairing with Acrylic Patch Binder to blend with existing surface is $ 2,160.00. Item 4: Repaint courts to include Red kitchen areas, Blue playing area with out of bounds being Light Green is $ 23,960.00. Item 5: Add 54' offencing between the courts running north & south, leaving 6' gap along the outside fence is $ 8,295.00 CSR is fully insured for your project and will issue a certificate of insurance if requested . All work has a one-year manufacturer's warranty and two-year workmanship warranty . If you have any questions please call me@ (763)-783-8086. The above price and specifications are satisfactory and are hereby accepted . CSR is authorized to do the above work specified. Payment is to be made upon completion of above specified work. Note: This proposal may be withdrawn if not accepted within 10 days. Date Accepted __ / __ / __ Signature ___________ PO# _______ _ (Please assign a PO# and or mail/ fax one signed copy. Fax (763)-785-7929.) Thank you, U¼iJ~ Troy D. Carlson Court Surfaces & Repair Inc. Tennis Courts • Pickleba/1 Courts • Basketball Courts • Repairs < City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651-275-4100 Public Works Department PROJECT· Item# Item Move nets and posts so courts have 8' of clearance on the out of 1 bounds lines at both ends of the court. 2 Removal/Reinstall net posts~A,r d..;.-;11e n.ew pu<:.f Sfc.<.i/e.S 3 Replace holes from tak(ng p~f,t' .. : .. ;. _:_~;J ·---to rr:iatch, existing court R ~f)<; Y ,,,,_.} Iv "4'1.J /, t,, 811J.i-¥' Repainting of courts'to include kitchen as red and service area blue and out 4 of bounds green. With white lines. Add 54 feet of fencing between the courts running north and south, 5 leaving a 6 foot gap along the outside fence Total Contractors Anticipated Start Date _ __.,Z~--./_-_~_-_Y~----------- Notes IC 134 must be submitted prior to final payment Bids due to the City of Stillwater 2/7/2024 by 12:00 PM All bids must be submitted on the City's proposal form and be a complete proposal. Bids may be submitted by mail, email, or in person to City Hall at above address Attn: Cody DeNucci Questions contact Cody DeNucci at 651-275-4101 or cdenucci@ci.stillwater.mn.us The City reserves the right to add or subtract quantities. Unit EACH EACH EACH EACH LF Please provide any additional comments, modifications, or suggestions to the proposal prior to quote due date. Bids shou ld be labeled Northland Park Pickleball Court Reha bilitation Project Company Name: Address: Phone: Quantity Unit Price Total 8 ) 24 3'-1~.~ R;t,IJ ~ 24 CJo.e ~ /(.or.:,. I , 8 ~ws~ ~,U>? 216 ~'fl ~~415';' q_'.l '-7. . , 12 Feet 12 Feet 12 Feet 12 Feet 9 Feet 9 Feet 9 Feet 9 Feet 8 Feet 8 Feet 8 Feet 8 Feet 8 Feet8 Feet8 Feet8 Feet 13 Feet between poles 13 Feet between poles 13 Feet between poles 13 Feet between poles 16 Feet blue to blue 16 Feet blue to blue16 Feet blue to blue16 Feet blue to blue Ea s t F e n c e North Fence We s t F e n c e South Fence Gate Opening 54 F e e t o f N e w F e n c e I n s t a l l e d 6 Feet 6 Feet 6 Feet 6 Feet 54 F e e t o f N e w F e n c e I n s t a l l e d 54 F e e t o f N e w F e n c e I n s t a l l e d 54 F e e t o f N e w F e n c e I n s t a l l e d DATE: March 6th, 2024 TO: Honorable Mayor and City Council FROM: Andrew Coyne, Natural Resources Technician SUBJECT: Approval of Minnesota DNR “Shade Tree Bonding Grant” for Emerald Ash Borer Management DISCUSSION: In an effort to combat the wide spread issue of Emerald Ash Borer (EAB) infestation across the city of Stillwater, City staff have begun efforts to more intensely monitor and manage ash trees in public spaces. This is done to ensure the timely removal of dead and diseased trees posing significant risk to public safety. Since 2018, Emerald Ash Borer has been rapidly killing off hundreds of ash trees across the city of Stillwater, and the rate of death is expected to increase in the coming years. As part of these efforts, city staff applied for the “Shade Tree Bonding Grant” program administered by the Minnesota Department of Natural Resources and was awarded $389,000. This funding will be used to remove and replace 291 boulevard, right-of-way and park trees that were identified in 2023 as severely infested with EAB. After removal, stumps will be ground and the ashes will be replaced on a one-for-one basis with a diverse mixture of climate-change- resilient tree species. The grant requires zero matching funds. However, as part of the DNR’s replacement requirement, all trees planted must be maintained for three years. Because of the massive time and financial commitment required for tree maintenance, the city will seek to contract out the maintenance to the same landscape contractor who sources and plants the trees. This maintenance includes weekly watering, health treatments, and warranty replacement. Maintenance cost for the trees is estimated at $100 per tree per year, or approximately $90,000 for three years. Maintenance costs are not covered by the grant, so this maintenance expense will be out of pocket, and the city will have to budget for three years. Therefore, the total project cost will be $476,300 of which $389,000 is funded by the state. RECOMMENDATION: Staff recommends that Council review and authorize the approval of the proposed grant contract. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion to approve the grant contract, and enter into agreement with the Minnesota DNR. Generic GO Bond Proceeds Ver – 10/26/20 Grant Agreement for Program Construction Grants Contract # 242253 / PO # 3-246337 General Obligation Bond Proceeds Grant Agreement - Construction Grant for the City of Stillwater Shade Tree Project under the MN NATURAL RESOURCES SHADE TREE Program 1 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds i Ver – 10/26/20 Grant Agreement for Program Construction Grants TABLE OF CONTENTS RECITALS Article I - DEFINITIONS Section 1.01 – Defined Terms Article II - GRANT Section 2.01 – Grant of Monies Section 2.02 – Public Ownership Section 2.03 – Use of Grant Proceeds Section 2.04 – Operation of the Real Property and Facility Section 2.05 – Public Entity Representations and Warranties Section 2.06 – Ownership by Leasehold or Easement Section 2.07 – Event(s) of Default Section 2.08 – Remedies Section 2.09 – Notification of Event of Default Section 2.10 – Survival of Event of Default Section 2.11 – Term of Grant Agreement Section 2.12 – Modification and/or Early Termination of Grant Section 2.13 – Excess Funds Article III – USE CONTRACTS Section 3.01 – General Provisions Section 3.02 – Initial Term and Renewal Section 3.03 – Reimbursement of Counterparty Section 3.04 – Receipt of Monies Under a Use Contract Article IV – SALE Section 4.01 – Sale Section 4.02 – Proceeds of a Sale Article V – COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 – State Bond Financed Property Section 5.02 – Preservation of Tax Exempt Status Section 5.03 – Changes to G.O. Compliance Legislation or the Commissioner’s Order Article VI – DISBURSEMENT OF GRANT PROCEEDS Section 6.01– The Advances Section 6.02 – Draw Requisitions Section 6.03 – Additional Funds Section 6.04 – Conditions Precedent to Any Advance Section 6.05 – Construction Inspections 2 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds ii Ver – 10/26/20 Grant Agreement for Program Construction Grants Article VII- MISCELLANEOUS Section 7.01 – Insurance Section 7.02 – Condemnation Section 7.03 – Use, Maintenance, Repair and Alterations Section 7.04 – Records Keeping and Reporting Section 7.05 – Inspections by State Entity Section 7.06 – Data Practices Section 7.07 – Non-Discrimination Section 7.08 – Worker’s Compensation Section 7.09 – Antitrust Claims Section 7.10 – Review of Plans and Cost Estimates Section 7.11 – Prevailing Wages Section 7.12 – Liability Section 7.13 – Indemnification by the Public Entity Section 7.14 – Relationship of the Parties Section 7.15 – Notices Section 7.16 – Binding Effect and Assignment or Modification Section 7.17 – Waiver Section 7.18 – Entire Agreement Section 7.19 – Choice of Law and Venue Section 7.20 – Severability Section 7.21 – Time of Essence Section 7.22 – Counterparts Section 7.23 – Matching Funds Section 7.24 – Source and Use of Funds Section 7.25 – Project Completion Schedule Section 7.26 – Third-Party Beneficiary Section 7.27 – Public Entity Tasks Section 7.28 – State Entity and Commissioner Required Acts and Approvals. Section 7.29 – Applicability to Real Property and Facility Section 7.30 – E-Verification Section 7.31 – Additional Requirements Attachment I – DECLARATION Attachment II – LEGAL DESCRIPTION OF REAL PROPERTY Attachment III – SOURCE AND USE OF FUNDS Attachment IV – PROJECT COMPLETION SCHEDULE Attachment V – GRANT APPLICATION Attachment VI – THREE YEAR MAINTENANCE PLAN 3 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants General Obligation Bond Proceeds Grant Agreement – Construction Grant for the City of Stillwater Shade Tree Project under the MN Natural Resources Shade Tree Program THIS AGREEMENT shall be effective as of February 6, 2024, and is between City of Stillwater, a Home -Rule Charter City (the “Public Entity”), and the Minnesota Department of Natural Resources, Division of Forestry (the “State Entity”). RECITALS A. The State Entity has created and is operating a MN Natural Resources Shade Tree (the “State Program”) under the authority granted by Minn. Stat. § 88.82 and all rules related to such legislation (the “State Program Enabling Legislation”). B. Under the State Program, the State Entity is authorized to provide grants that are funded with proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution. C. Under the State Program the recipients of a grant must use such funds to perform those functions delineated in the State Program Enabling Legislation. D. The Public Entity submitted, if applicable, a grant application to the State Entity in which the Public Entity requests a grant from the State Program the proceeds of which will be used for the purposes delineated in such grant application. E. The Public Entity has applied to and been selected by the State Entity for a receipt of a grant from the State Program in an amount of $ 389,000.00, Three Hundred Eighty-Nine Thousand Dollars (the “Program Grant”), the proceeds must be used by the Public Entity to perform those functions and activities imposed by the State Entity under the State Program and, if applicable, delineated in that certain grant application (the “Grant Application”) attached hereto as Attachment V that the Public Entity submitted to the State Entity. F. Under the provisions contained in Minnesota Statute §412.221, the Public Entity has been given the authority to perform those functions and activities required of it under the State Program and, if applicable, delineated in the Grant. G. The Public Entity’s receipt and use of the Program Grant to acquire an ownership interest in and/or improve real property (the “Real Property”) and, if applicable, structures situated thereon (the “Facility”) will cause the Public Entity’s ownership interest in all of such real property and structures to become “state bond financed property”, as such term is used in Minn. Stat. § 4 of 60 aocuSign bnvelope Ia: 4bA8A25A-3a63-4105-A900-aa6C510b5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants 16A.695 (the “G.O. Compliance Legislation”) and in that certain “Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended (the “Commissioner’s Order”), even though such funds may only be a portion of the funds being used to acquire such ownership interest and/or improve such real property and structures and that such funds may be used to only acquire such ownership interest and/or improve a part of such real property and structures. H. The Public Entity and the State Entity desire to set forth herein the provisions relating to the granting and disbursement of the proceeds of the Program Grant to the Public Entity and the operation of the Real Property and, if applicable, Facility. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: “Advance(s)” – means an advance made or to be made by the State Entity to the Public Entity and disbursed in accordance with the provisions contained in Article VI hereof. “Agreement” - means this General Obligation Bond Proceeds Grant Agreement - Construction Grant for the City of Stillwater Shade Tree Project under the MN Natural Resources Shade Tree Program, as such exists on its original date and any amendments, modifications or restatements thereof. “Approved Debt” – means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner of MMB is not bound by any amounts delineated in such attachment unless he/she has consented, in writing, to such amounts. “Architect”, if any - means Not Applicable, which will administer the Construction Contract Documents on behalf of the Public Entity. “Code” - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. 5 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants “Commissioner of MMB” - means the commissioner of Minnesota Management and Budget, and any designated representatives thereof. “Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended. “Completion Date” – means December 31, 2027, the date of projected completion of the Project. “Contractor” - means any person engaged to work on or to furnish materials and supplies for the Construction Items including, if applicable, a general contractor. “Construction Contract Documents” - means the document or documents, in form and substance acceptable to the State Entity, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract between the Public Entity and the Contractor or Contractors for the completion of the Construction Items on or before the Completion Date for either a fixed price or a guaranteed maximum price. “Construction Items” – means the work to be performed under the Construction Contract Documents. “Counterparty” - means any entity with which the Public Entity contracts under a Use Contract. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Declaration” - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby. “Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to the State Entity when an Advance is requested, as referred to in Section 6.02. “Event of Default” - means one or more of those events delineated in Section 2.07. “Facility”, if applicable, - means Not Applicable, which is located, or will be constructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds of the Program Grant. 6 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants “Fair Market Value” – means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser. “G.O. Bonds” - means that portion of the state general obligation bonds issued under the authority granted in Article XI, § 5(a) of the Minnesota Constitution the proceeds of which are used to fund the Program Grant and any bonds issued to refund or replace such bonds. “G.O. Compliance Legislation” - means Minn. Stat. § 16A.695, as it may be amended, modified or replaced from time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right. “Grant Application” – means that certain grant application attached hereto as Attachment V that the Public Entity submitted to the State Entity. This definition is only needed and only applies if the Public Entity submitted a grant application to the State Entity. If the Public Entity did not submit a grant application to the State Entity, then this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Initial Acquisition and Betterment Costs” – means the cost to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility if the Public Entity does not already possess the required ownership interest, and the costs of betterments of the Real Property and, if applicable, Facility; provided, however, the Commissioner of MMB is not bound by any specific amount of such alleged costs unless he/she has consented, in writing, to such amount. “Inspecting Engineer”, if any - means the State Entity's construction inspector, or its designated consulting engineer. “Leased/Easement Premises” - means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease or granted to the Public Entity under an easement. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Lessor/Grantor” – means the fee owner/lessor or grantor of the Leased/Easement Premises. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold 7 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Outstanding Balance of the Program Grant” – means the portion of the Program Grant that has been disbursed to or on behalf of the Public Entity minus any portions thereof previously paid back to the Commissioner of MMB. “Ownership Value”, if any – means the value, if any, of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility that existed concurrent with the Public Entity’s execution of this Agreement. Such value shall be established by way of an appraisal or by such other manner as may be acceptable to the State Entity and the Commissioner of MMB. The parties hereto agree and acknowledge that such value is $ ______________ or ____ Not Applicable; provided, however, the Commissioner of MMB is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar amount is inserted and the blank “Not Applicable” is not checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank “Not Applicable” should only be selected and checked when a portion of the funds delineated in Attachment III attached hereto are to be used to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and in such event the value of such ownership interest should be shown in Attachment III and not in this definition for Ownership Value). “Program Grant” - means a grant of monies from the State Entity to the Public Entity in the amount identified as the “Program Grant” in Recital E to this Agreement, as the amount thereof may be modified under the provisions contained herein. “Project” - means the Public Entity’s acquisition, if applicable, of the ownership interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with the performance of activities denoted in Section 2.03. (If the Public Entity is not using any portion of the Program Grant to acquire the ownership interest denoted in Section 2.02, then this definition for Project shall not include the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attachment III hereto and instead shall be included in the definition for Ownership Value under this Section.) “Public Entity” - means the entity identified as the “Public Entity” in the lead-in paragraph of this Agreement. “Real Property” - means the real property located in the County of Washington, State of Minnesota, legally described in Attachment II to this Agreement. “Real Property/Facility Lease” - means a long term lease of the Real Property, the Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is a leasehold interest under a lease. For all other circumstances this definition is not needed and should be ignored and treated as if it were 8 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “State Entity” - means the entity identified as the “State Entity” in the lead-in paragraph of this Agreement. “State Program” – means the program delineated in the State Program Enabling Legislation. “State Program Enabling Legislation” – means the legislation contained in the Minnesota statute(s) delineated in Recital A and all rules related to such legislation. “Subsequent Betterment Costs” – means the costs of betterments of the Real Property and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of which has been established by way of written documentation that is acceptable to and approved, in writing, by the State Entity and the Commissioner of MMB. “Use Contract” - means a lease, management contract or other similar contract between the Public Entity and any other entity that involves or relates to any part of the Real Property and/or, if applicable, Facility. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property and/or, if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Useful Life of the Real Property and, if applicable, Facility” – means the term set forth in Section 2.05.X, which was derived as follows: (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constructed or bettered. Article II GRANT Section 2.01 Grant of Monies. The State Entity shall make and issue the Program Grant to the Public Entity, and disburse the proceeds in accordance with the provisions of this Agreement. The Program Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the State Entity or the Commissioner of MMB under certain circumstances. 9 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property and, if applicable, Facility must be owned by one or more public entities. Such ownership may be in the form of fee ownership, a Real Property/Facility Lease, or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the State Entity that it has, or will acquire, the following ownership interests in the Real Property and, if applicable, Facility, and, in addition, that it possess, or will possess, all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, Facility in the manner specified in Section 2.04: (Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership Interest in the Real Property. X Fee simple ownership of the Real Property. A Real Property/Facility Lease for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) An easement for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Ownership Interest in, if applicable, the Facility. Fee simple ownership of the Facility. A Real Property/Facility Lease for the Facility that complies with all of the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ______________.) X Not applicable because there is no Facility. 10 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 □ □ □ □ □ □ Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities, and may not use the Program Grant for any other purpose. (Check all appropriate boxes.) Acquisition of fee simple title to the Real Property. Acquisition of a leasehold interest in the Real Property. Acquisition of an easement for the Real Property. X Improvement of the Real Property. Acquisition of fee simple title to the Facility. Acquisition of a leasehold interest in the Facility. Construction of the Facility. Renovation of the Facility. X Remove and/or plant shade trees on public land as described in the Deliverables.. (Describe other or additional purposes.) Section 2.04 Operation of the Real Property and Facility. The Real Property and, if applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real Property and, if applicable, Facility to be used for those purposes required by the State Program and in accordance with the information contained in the Grant Application, or for such other purposes and uses as the Minnesota legislature may from time to time designate, and for no other purposes or uses. The Public Entity may enter into Use Contracts with Counterparties for the operation of all or any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts must have been approved, in writing, by the Commissioner of MMB and fully comply with all of the provisions contained in Sections 3.01, 3.02 and 3.03. The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually supply a statement, sworn to before a notary public, to such effect to the State Entity and the Commissioner of MMB. 11 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 □ □ □ □ □ □ □ □ □----- Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. For those programs, if any, that will be operated on all or any portion of the Real Property and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it will not enter into such Use Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Counterparty to provide an initial program budget and annual program budgets that clearly show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iii) it will promptly review all submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, and require the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. Section 2.05 Public Entity Representations and Warranties. The Public Entity further covenants with, and represents and warrants to the State Entity as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the Program Grant for the purpose or purposes described in the State Program Enabling Legislation. C. It has legal authority to operate the State Program and the Real Property and, if applicable, Facility for the purposes required by the State Program and for the functions and activities proposed in the Grant Application. 12 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants D. This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. E. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. F. It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Commissioner’s Order, and the State Program. G. It has made no material false statement or misstatement of fact in connection with its receipt of the Program Grant, and all of the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the Program Grant or the disbursement of any of the Program Grant is and will be true and correct. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, Facility, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. I. Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. J. The contemplated use of the Real Property and, if applicable, Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Project will be completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or will be, obtained. 13 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants N. It will operate, maintain, and manage the Real Property and, if applicable, Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, Facility. O. It will fully enforce the terms and conditions contained in any Use Contract. P. It has complied with the matching funds requirement, if any, contained in Section 7.23. Q. It will not, without the prior written consent of the State Entity and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity’s ownership interest in the Real Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and, if applicable, Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. R. It reasonably expects to possess the ownership interest in the Real Property and, if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property and, if applicable, Facility, and it does not expect to sell such ownership interest. S. It does not reasonably expect to receive payments under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Debt. T. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Program Grant to complete and fully pay for the Project. U. The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date, and all such items along with, if applicable, the Facility will be situated entirely on the Real Property. 14 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants V. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents. W. It has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the State Entity and to Minnesota Management and Budget (attention: Capital Projects Manager) that contains all of the recording information. X. The Useful Life of the Real Property and, if applicable, Facility is 30 years. Y. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the State Entity or the Commissioner of MMB. Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is not needed and should be ignored and treated as if it were left blank, and any reference to this Section in this Agreement shall be ignored and treated as if the reference did not exist. A. A Real Property/Facility Lease or easement must comply with the following provisions. 1. It must be in form and contents acceptable to the Commissioner of MMB, and specifically state that it may not be modified, restated, amended, changed in any way, or prematurely terminated or cancelled without the prior written consent and authorization by the Commissioner of MMB. 2. It must be for a term that is equal to or greater than 125% of the Useful Life of the Real Property and, if applicable, Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law. 3. Any payments to be made under it by the Public Entity, whether designated as rent or in any other manner, must be by way of a single lump sum payment that is due and payable on the date that it is first made and entered into. 4. It must not contain any requirements or obligations of the Public Entity that if not complied with could result in a termination thereof. 5. It must contain a provision that provides sufficient authority to allow the Public Entity to operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 15 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants 6. It must not contain any provisions that would limit or impair the Public Entity’s operation of the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 7. It must contain a provision that prohibits the Lessor/Grantor from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Leased/Easement Premises or the Lessor’s/Grantor’s interest in the Real Property/Facility Lease or easement, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such holder subordinates such lien or encumbrance to the Real Property/Facility Lease or easement and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with all of the terms, conditions and covenants contained in the Real Property/Facility Lease or easement as if such holder had been an original Lessor/Grantor under the Real Property/Facility Lease or easement. 8. It must acknowledge the existence of this Agreement and contain a provision that the terms, conditions and provisions contained in this Agreement shall control over any inconsistent or contrary terms, conditions and provisions contained in the Real Property/Facility Lease or easement. 9. It must provide that any use restrictions contained therein only apply as long as the Public Entity is the lessee under the Real Property/Facility Lease or grantee under the easement, and that such use restrictions will terminate and not apply to any successor lessee or grantee who purchases the Public Entity’s ownership interest in the Real Property/Facility Lease or easement. Provided, however, it may contain a provisions that limits the construction of any new structures on the Real Property or modifications of any existing structures on the Real Property without the written consent of Lessor/Grantor, which will apply to any such successor lessee or grantee. 10. It must allow for a transfer thereof in the event that the lessee under the Real Property/Lease or grantee under the easement makes the necessary determination to sell its interest therein, and allow such interest to be transferred to the purchaser of such interest. 11. It must contain a provision that prohibits and prevents the sale of the underlying fee interest in the Real Property and, if applicable, Facility without first obtaining the written consent of the Commissioner of MMB. 12 The Public Entity must be the lessee under the Real Property/Lease or grantee under the easement. 16 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants B. The provisions contained in this Section are not intended to and shall not prevent the Public Entity from including additional provisions in the Real Property/Facility Lease or easement that are not inconsistent with or contrary to the requirements contained in this Section. C. The expiration of the term of a Real Property/Facility Lease or easement shall not be an event that requires the Public Entity to reimburse the State Entity for any portion of the Program Grant, and upon such expiration the Public Entity’s ownership interest in the Real Property and, if applicable, Facility shall no longer be subject to this Agreement. D. The Public Entity shall fully and completely comply with all of the terms, conditions and provisions contained in a Real Property/Facility Lease or easement, and shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is applicable, the Real Property/Facility Lease or easement or a short form or memorandum thereof. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the State Entity or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and the Public Entity’s failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the State Entity and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any Draw Requisition, in any other document furnished pursuant to this Agreement, or in order to induce the State Entity to disburse any of the Program Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. C. If the Public Entity fails to fully comply with any provision, term, condition, covenant or warranty contained in the G.O. Compliance Legislation, the Commissioner’s Order, or the State Program Enabling Legislation. D. If the Public Entity fails to complete the Project, or cause the Project to be completed, by the Completion Date. E. If the Public Entity fails to provide and expend the full amount of the matching funds, if any, required under Section 7.23 for the Project. 17 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants F. If the Public Entity fails to record the Declaration and deliver copies thereof as set forth in Section 2.05.W. Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the State Entity or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity or the Commissioner of MMB may enforce any or all of the following remedies. A. The State Entity may refrain from disbursing the Program Grant; provided, however, the State Entity may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other than the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB. D. Either the State Entity or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner of MMB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained in this Agreement within 30 days of demand by the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the State Entity and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off-set against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the State Entity and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which 18 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11. Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable, Facility is first used for the operation of the State Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.12 Modification and/or Early Termination of Grant. If the Project is not started on or before the date that is 5 years from the effective date of this Agreement or all of the Program Grant has not been disbursed as of the date that is 4 years from the date on which the Project is started, or such later dates to which the Public Entity and the State Entity may agree in writing, then the State Entity’s obligation to fund the Program Grant shall terminate. In such event, (i) if none of the Program Grant has been disbursed by such dates then the State Entity’s obligation to fund any portion of the Program Grant shall terminate and this Agreement shall terminate and no longer be of any force or effect, and (ii) if some but not all of the Program Grant has been disbursed by such dates then the State Entity shall have no further obligation to provide any additional funding for the Program Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Program Grant that was actually disbursed as of such date. This provision shall not, in any way, affect the Public Entity’s obligation to complete the Project by the Completion Date. This Agreement shall also terminate and no longer be of any force or effect upon the Public Entity’s sale of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained in Section 4.02, or upon the termination of Public Entity’s ownership interest in the Real Property and, if applicable, Facility if such ownership interest is by way of an easement or under a Real Property/Facility Lease. Upon such termination the State Entity shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, from the effect of this Agreement and the Declaration. 19 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section. 2.13 Excess Funds. If the full amount of the Program Grant and any matching funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced by the amount not needed. Article III USE CONTRACTS This Article III and its contents is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate any portion of the Real Property, and if applicable, Facility. For all other circumstances this Article III and its contents are not needed and should be ignored and treated as if it were left blank, and any reference to this Article III, its contents, and the term Use Contract in this Agreement shall be ignored and treated as if the references did not exist. Section 3.01 General Provisions. If the Public Entity has statutory authority to enter into a Use Contract, then it may enter into Use Contracts for various portions of the Real Property and, if applicable, Facility; provided that each and every Use Contract that the Public Entity enters into must comply with the following requirements: A. The purpose for which it was entered into must be to operate the State Program in the Real Property and, if applicable, Facility. B. It must contain a provision setting forth the statutory authority under which the Public Entity is entering into such contract, and must comply with the substantive and procedural provisions of such statute. C. It must contain a provision stating that it is being entered into in order for the Counterparty to operate the State Program and must describe such program. D. It must contain a provision that will provide for oversight by the Public Entity. Such oversight may be accomplished by way of a provision that will require the Counterparty to provide to the Public Entity: (i) an initial program evaluation report for the first fiscal year that the Counterparty will operate the State Program, (ii) program budgets for each succeeding fiscal year showing that forecast program revenues and additional revenues available for the operation of the State Program (from all sources) by the Counterparty will equal or exceed expenses for such operation for each succeeding fiscal year, and (iii) a mechanism under which the Public Entity will annually determine that the Counterparty is using the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract to operate the State Program. E. It must allow for termination by the Public Entity in the event of a default thereunder by the Counterparty, or in the event that the State Program is terminated or changed in a manner that precludes the operation of such program in the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract. 20 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants F. It must terminate upon the termination of the statutory authority under which the Public Entity is operating the State Program. G. It must require the Counterparty to pay all costs of operation and maintenance of that portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, unless the Public Entity is authorized by law to pay such costs and agrees to pay such costs. H. If the Public Entity pays monies to a Counterparty under a Use Contract, such Use Contract must meet the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that such Use Contract does not result in “private business use” under Section 141(b) of the Code. I. It must be approved, in writing, by the Commissioner of MMB, and any Use Contract that is not approved, in writing, by the Commissioner of MMB shall be null and void and of no force or effect. J. It must contain a provision requiring that each and every party thereto shall, upon direction by the Commissioner of MMB, take such actions and furnish such documents to the Commissioner of MMB as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation. K. It must contain a provision that prohibits the Counterparty from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Real Property or, if applicable, Facility, the Public Entity’s ownership interest in the Real Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent, in writing, to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract in the manner specified in Section 2.04 and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. L. If the amount of the Program Grant exceeds $200,000.00, then it must contain a provision requiring the Counterparty to list any vacant or new positions it may have with state workforce centers as required by Minn. Stat. § 116L.66, as it may be amended, modified or replaced from time to time, for the term of the Use Contract. M. It must contain a provision that clearly states that the Public Entity is not required to renew the Use Contract beyond the original term thereof and that the Public Entity may, 21 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants at its sole option and discretion, allow the Use Contract to expire at the end of its original term and thereafter directly operate the governmental program in the Real Property and, if applicable, Facility or contract with some other entity to operate the governmental program in the Real Property and, if applicable, Facility. Section 3.02 Initial Term and Renewal. The initial term for a Use Contract may not exceed the lesser of (i) 50% of the Useful Life of the Real Property and, if applicable, Facility for the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, or (ii) the shortest term of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility. A Use Contract may allow for renewals beyond its initial term on the conditions that (a) the term of any renewal may not exceed the initial term, (b) the Public Entity must make a determination that renewal will continue to carry out the State Program and that the Counterparty is suited and able to perform the functions contained in Use Contract that is to be renewed, (c) the Use Contract may not include any provisions that would require, either directly or indirectly, the Public Entity to either make the determination referred to in this Section or to renew the Use Contract with the Counterparty after the expiration of the initial term or any renewal term, and (d) no such renewal may occur prior to the date that is 6 months prior to the date on which the Use Contract is scheduled to terminate. Provided, however, notwithstanding anything to the contrary contained herein the Public Entity’s voluntary agreement to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty is not deemed to be a provision that directly or indirectly requires the Public Entity to renew such Use Contract. Section 3.03 Reimbursement of Counterparty. A Use Contract may but need not contain, at the sole option and discretion of the Public Entity, a provision that requires the Public Entity to reimburse the Counterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty. If agreed to by the Public Entity, such reimbursement shall be on terms and conditions agreed to by the Public Entity and the Counterparty. Section 3.04 Receipt of Monies Under a Use Contract. The Public Entity does not anticipate the receipt of any funds under a Use Contract; provided, however, if the Public Entity does receive any monies under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of a Use Contract, and to pay the principal, interest, redemption premiums, and other expenses on Approved Debt, then a portion of such excess monies must be paid by the Public Entity to the Commissioner of MMB. The portion of such excess monies that the Public Entity must and shall pay to the Commissioner of MMB shall be determined by the Commissioner of MMB, and absent circumstances which would indicate otherwise such portion shall be determined by multiplying such excess monies by a fraction the numerator of which is the Program Grant and the denominator of which is sum of the Program Grant and the Approved Debt. 22 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Article IV SALE Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the Real Property and, if applicable, Facility unless all of the following provisions have been complied with fully. A. The Public Entity determines, by official action, that such ownership interest is no longer usable or needed for the operation of the State Program, which such determination may be based on a determination that the portion of the Real Property or, if applicable, Facility to which such ownership interest applies is no longer suitable or financially feasible for such purpose. B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. The written consent of the Commissioner of MMB has been obtained. The acquisition of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Public Entity’s ownership interest in or betterment of the Real Property and, if applicable, Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender’s ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02. The Public Entity may participate in any public auction of its ownership interest in the Real Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is the successful purchaser it will not use any part of the Real Property or, if applicable, Facility for the State Program. Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale and such other costs that are approved, in writing by the Commissioner of MMB, but not including the repayment of any debt associated with the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, shall be disbursed in the following manner and order. 23 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants A. The first distribution shall be to the Commissioner of MMB in an amount equal to the Outstanding Balance of the Program Grant, and if the amount of such net proceeds shall be less than the amount of the Outstanding Balance of the Program Grant then all of such net proceeds shall be distributed to the Commissioner of MMB. B. The remaining portion, after the distribution specified in Section 4.02.A, shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public Entity for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution (such as the State Entity under Section 4.02.A and the holders of Approved Debt paid under this Section 4.02.B), the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and, if applicable, Facility, then the amount available shall be distributed as such entities may agree in writing, and if such entities cannot agree by an appropriately issued court order. C. The remaining portion, after the distributions specified in Sections 4.02.A and B, shall be divided and distributed to the State Entity, the Public Entity, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the State Entity, the Public Entity, and such other public and private entities made to the acquisition and betterment of the Real Property and, if applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. The distribution to the State Entity shall be made to the Commissioner of MMB, and the Public Entity may direct its distribution to be made to any other entity including, but not limited to, a Counterparty. All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the Commissioner of MMB, and no such disbursements shall be made without such consent. The Public Entity shall not be required to pay or reimburse the State Entity or the Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the Program Grant. 24 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Article V COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and agree that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is, or when acquired by the Public Entity will be, “state bond financed property”, as such term is used in the G.O. Compliance Legislation and the Commissioner’s Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity’s ownership interest in the Real Property and, if applicable, Facility and any Use Contracts relating thereto. Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Property or, if applicable, Facility, or use or invest the Program Grant or any other sums treated as “bond proceeds” under Section 148 of the Code including “investment proceeds,” “invested sinking funds,” and “replacement proceeds,” in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Section 148 of the Code. B. It will deposit into and hold all of the Program Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the GO Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty that could cause the interest on the GO Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, as amended by Rev. Proc 2016-44 and Rev. Proc. 2017-13, with Revenue Procedure 97-13, as amended by Rev. Proc 2016-44 and Rev. Proc. 2017-13, or (iii) changing the nature of the use of the Real Property or, if applicable, Facility so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an “unrelated trade or business” or for any “private business use” (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. 25 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 - Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants E. It will not otherwise use any of the Program Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof.. Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. In the event that the G.O. Compliance Legislation or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner’s Order, then upon written request by the Public Entity the State Entity shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity’s ownership interest in the Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner’s Order. Article VI DISBURSEMENT OF GRANT PROCEEDS Section 6.01 The Advances. The State Entity agrees, on the terms and subject to the conditions set forth herein, to make Advances from the Program Grant to the Public Entity from time to time in an aggregate total amount not to exceed the amount of the Program Grant. If the amount of Program Grant that the State Entity cumulatively disburses hereunder to the Public Entity is less than the amount of the Program Grant delineated in Section 1.01, then the State Entity and the Public Entity shall enter into and execute whatever documents the State Entity may request in order to amend or modify this Agreement to reduce the amount of the Program Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, the State Entity’s obligation to make Advances shall terminate as of the dates specified in such Section even if the entire Program Grant has not been disbursed by such dates. Advances shall only be for expenses that (i) are for those items of a capital nature for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in writing, by the State Entity and the Commissioner of MMB. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 7.23. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that has been completed and the percentage of the matching funds required, if any, under Section 7.23 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas: 26 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Formula #1 Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under Section 7.23 that have been disbursed) Formula #2 Cumulative Advances < (Program Grant) × (percentage of Project completed) Section 6.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the Program Grant, which shall be no more often than once each calendar month, the Public Entity shall submit to the State Entity a Draw Requisition duly executed on behalf of the Public Entity or its designee. Each Draw Requisition shall be submitted on or between the 1st day and the 15th day of the month in which an Advance is requested, and shall be submitted at least 7 calendar days before the date the Advance is desired. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Public Entity and the State Entity, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to the State Entity, less (iii) any applicable retainage, and less (iv) all prior Advances. Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real Property will be made by the State Entity unless the Public Entity shall advise the State Entity, in writing, of its intention to so store materials prior to their delivery and the State Entity has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public Entity shall submit to the State Entity such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project. At the time of submission of the final Draw Requisition which shall not be submitted before completion of the Project, including all landscape requirements and off-site utilities and streets needed for access to the Real Property and, if applicable, Facility and correction of material defects in workmanship or materials (other than the completion of punch list items) as provided in the Construction Contract Documents, the Public Entity shall submit to the State Entity: (i) such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities, and that all requisite certificates of occupancy and other approvals have been issued. If on the date an Advance is desired the Public Entity has complied with all requirements of this Agreement and the State Entity approves the relevant Draw Requisition and receives a current construction report from the Inspecting Engineer recommending payment, then the State Entity shall disburse the amount of the requested Advance to the Public Entity. 27 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 6.03 Additional Funds. If the State Entity shall at any time in good faith determine that the sum of the undisbursed amount of the Program Grant plus the amount of all other funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then the State Entity may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in the State Entity's notice. Section 6.04 Conditions Precedent to Any Advance. The obligation of the State Entity to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A. The State Entity shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the amount of the Program Grant delineated in Section 1.01. B. The State Entity shall have either received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon, or evidence that such Declaration will promptly be recorded and delivered to the State Entity. C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project and all other expenses that may occur in conjunction therewith. E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23. F. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Public Entity possesses the ownership interest delineated in Section 2.02. G. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Real Property and, if applicable, Facility, and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. 28 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants H. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. J. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project will be completed in a manner that will allow the Real Property and, if applicable, Facility to be operated in the manner specified in Section 2.04. K. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has the ability and a plan to fund the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04. L. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the insurance requirements under Section 7.01 have been satisfied. M. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 7.10 and all additional applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 7.10.B has, if required, been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 7.10.C have, if required, received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Committee have, if required, been notified pursuant to Section 7.10.G. N. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. 29 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants O. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Contractor will complete the Construction Items substantially in conformance with the Construction Contract Documents and pay all amounts lawfully owing to all laborers and materialmen who worked on the Construction Items or supplied materials therefor, other than amounts being contested in good faith. Such evidence may be in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaranteed maximum price contained in the Construction Contract Documents that name the State Entity and the Public Entity dual obligees thereunder, or such other evidence as may be acceptable to the Public Entity and the State Entity. P. No determination shall have been made by the State Entity that the amount of funds committed to the Project is less than the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project, or if such a determination has been made and notice thereof sent to the Public Entity under Section 6.03, then the Public Entity has supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to the State Entity that sufficient funds are available. Q. The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require. Section 6.05 Construction Inspections. The Public Entity and the Architect, if any, shall be responsible for making their own inspections and observations of the Construction Items, and shall determine to their own satisfaction that the work done or materials supplied by the Contractors to whom payment is to be made out of each Advance has been properly done or supplied in accordance with the Construction Contract Documents. If any work done or materials supplied by a Contractor are not satisfactory to the Public Entity or the Architect, if any, or if a Contractor is not in material compliance with the Construction Contract Documents in any respect, then the Public Entity shall immediately notify the State Entity, in writing. The State Entity and the Inspecting Engineer, if any, may conduct such inspections of the Construction Items as either may deem necessary for the protection of the State Entity's interest, and that any inspections which may be made of the Project by the State Entity or the Inspecting Engineer, if any, are made and all certificates issued by the Inspecting Engineer, if any, will be issued solely for the benefit and protection of the State Entity, and the Public Entity will not rely thereon. Article VII MISCELLANEOUS Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof (i) by self insuring under a program of self insurance legally adopted, maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the State Entity under which the State Entity and the Public Entity are named as loss payees. If damages which are covered by such required insurance occur, then the Public Entity shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partially repair 30 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the Real Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. The State Entity agrees to and will assign or pay over to the Public Entity all insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes thereon as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity named as an additional named insured therein. The Public Entity may require a Counterparty to provide and maintain any or all of the insurance required under this Section; provided that the Public Entity continues to be responsible for the providing of such insurance in the event that the Counterparty fails to provide or maintain such insurance. At the written request of either the State Entity or the Commissioner of MMB, the Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Public Entity regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. If the Public Entity fails to provide and maintain the insurance required under this Section, then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an equivalent nature and any funds expended by the State Entity to obtain or maintain such insurance shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365-day year. Provided, however, nothing contained herein, including but not limited to this Section, shall require the State Entity to obtain or maintain such insurance, and the State Entity’s decision to not obtain or maintain such insurance shall not lessen the Public Entity’s duty to obtain and maintain such insurance. 31 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 7.02 Condemnation. If after the Public Entity has acquired the ownership interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility is condemned to an extent that the Public Entity can no longer comply with the provisions contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 2.04 and, if applicable, to fully or partially restore the Facility and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the remaining Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest in the portion of the Real Property and, if applicable, Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i) keep the Real Property and, if applicable, Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any Real Property/Facility Lease if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with the provisions of any easement if its ownership interest in the Real Property and, if applicable, Facility is by way of such easement, and (vii) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement or use contract. 32 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants The Public Entity shall not, without the written consent of the State Entity and the Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable, Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to be used to operate the State Program thereon or therein, (c) do any act or thing which would unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real Property or, if applicable, Facility, (f) remove any fixtures or personal property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of the Program Grant unless the same are immediately replaced with like property of at least equal value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility, in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property and, if applicable, Facility in accordance with the provisions contained in this Section, then the State Entity may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by the State Entity hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the State Entity to take any action, incur any expense, or expend any funds, and the State Entity shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the State Entity to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the Project and operation of the Real Property and, if applicable, Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, the Commissioner’s Order, and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or cause the entity which is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and placed into operation, and (ii) all of such items that relate to the operation of the Real Property and, if applicable, Facility for a period of 6 years from the date such operation is initiated. 33 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 7.05 Inspections by State Entity. Upon reasonable request by the State Entity and without interfering with the normal use of the Real Property and, if applicable, Facility, the Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, Facility to allow the State Entity to inspect the Real Property and, if applicable, Facility. Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Program Grant, the Project, or the operation of the Real Property and, if applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.08 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. §§ 176.181, subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and, if applicable, Facility. Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the State Entity and the Commissioner of MMB all claims it may have for overcharges as to goods or services provided with respect to the Project, and operation or management of the Real Property and, if applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10 Review of Plans and Cost Estimates. The Public Entity agrees to comply with all applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time, for the Project, and in accordance therewith the Public Entity agrees to comply with the following provisions and requirements if such provisions and requirements are applicable. A. The Public Entity shall provide all information that the State Entity may request in order for the State Entity to determine that the Project will comply with the provisions and requirements contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. B. Prior to its proceeding with design activities for the Project the Public Entity shall prepare a predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review and comment. The predesign package must be sufficient to define the purpose, scope, cost, and projected schedule for the Project, and must demonstrate 34 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants that the Project has been analyzed according to appropriate space and needs standards. Any substantial changes to such predesign package must be submitted to the Commissioner of Administration for the State of Minnesota for review and comment. C. If the Project includes the construction of a new building, substantial addition to an existing building, a substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then the Public Entity shall not prepare final plans and specifications until it has prepared a program plan and cost estimates for all elements necessary to complete the Project and presented them to the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee and the chairs have made their recommendations, and it has notified the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota State Senate Capital Investment Committee. The program plan and cost estimates must note any significant changes in the work to be performed on the Project, or in its costs, which have arisen since the appropriation from the legislature for the Project was enacted or which differ from any previous predesign submittal. D. The Public Entity must notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees of any significant changes to the program plan and cost estimates referred to in Section 7.10.C. E. The program plan and cost estimates referred to in Section 7.10.C must ensure that the Project will comply with all applicable energy conservation standards contained in law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or replaced from time to time, and all rules adopted thereunder. F. If any of the Program Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 7.10.B and the program plan and cost estimates referred to in Section 7.10.C must include provisions for cost- effective information technology investments that will enable the occupant of the Facility to reduce its need for office space, provide more of its services electronically, and decentralize its operations. G. If the Project does not involve the construction of a new building, substantial addition to an existing building, substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then prior to beginning work on the Project the Public Entity shall just notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees that the work to be performed is ready to begin. H. The Project must be: (i) substantially completed in accordance with the program plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the 35 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants time schedule contained in the program plan referred to in Section 7.10.C, and (iii) completed within the budgets contained in the cost estimates referred to in Section 7.10.C. Provided, however, the provisions and requirements contained in this Section only apply to public lands or buildings or other public improvements of a capital nature, and shall not apply to the demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, parking structures, park and ride facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the Commissioner of Transportation for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04, as it may be amended, modified or replaced from time to time, ice centers, local government projects with a construction cost of less than $1,500,000.00, or any other capital project with a construction cost of less than $750,000.00. Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the State Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of the State Program on or in the Real Property and, if applicable, Facility. Section 7.12 Liability. The Public Entity and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of the State Entity and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Public Entity is a “municipality” as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466. Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss, expense (including attorneys’ fees), and damage in connection with the Project and operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the State Entity, the Commissioner of MMB, or the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and, if applicable, Facility, whether or not due 36 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants to any act of omission or commission, including negligence of the Public Entity or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the State Entity, the Commissioner of MMB, or the State of Minnesota, their employees, servants or agents. The Public Entity further agrees to indemnify, save, and hold the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06. The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of the State Entity, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property and, if applicable, Facility. The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement, the Project, or the operation and maintenance of the Real Property and, if applicable, Facility shall not have any contractual relationship with the State Entity, the Commissioner of MMB, or the State of Minnesota, and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the State Entity, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the State Entity, the Commissioner of MMB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 7.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: 37 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants To the Public Entity at: City of Stillwater 216 4th St N Stillwater , MN 55082 Attention: Andrew Coyne, Natural Resource Technician acoyne@ci.stillwater.mn.us acoyne@ci.stillwater.mn.us 651-430-8836 To the State Entity at: MN Department of Natural Resources, Forestry Division 500 Lafayette Road St Paul , MN 55155 Attention: Valerie McClannahan, Urban and Community Forestry Coordinator valerie.mcclannahan@state.mn.us 651-259-5283 To the Commissioner of MMB at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State Entity, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. Section 7.17 Waiver. Neither the failure by the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. 38 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the State Entity, and there are no other agreements, either oral or written, between the Public Entity and the State Entity on the subject matter hereof. Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 7.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 7.24 Source and Use of Funds. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down among the following categories: (i) State funds including the Program Grant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Public Entity, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such funds. 39 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses that are to be reimbursed and paid from proceeds of the G.O. Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Public Entity must provide to the State Entity and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the State Entity or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. The value of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the State Program Enabling Legislation, be provided by either the Public Entity or a Counterparty under a Use Contract. Section 7.25 Project Completion Schedule. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment IV correctly and accurately delineates the projected schedule for the completion of the Project. Section 7.26 Third-Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. Section 7.27 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 7.28 State Entity and Commissioner Required Acts and Approvals. The State Entity and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. 40 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Section 7.29 Applicability to Real Property and Facility. This Agreement applies to the Public Entity’s ownership interest in the Real Property and if a Facility exists to the Facility. The term “if applicable” appearing in conjunction with the term “Facility” is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity’s ownership interest in the Real Property. Section7.30 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such statute and impose a similar requirement in any Use Contract to which it is a party. Section 7.31 Additional Requirements. The Public Entity and the State Entity agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. Grant Project Deliverables 2023 Shade Tree Program Bonding Grants City of Stillwater Deliverables Grant Sum Total: $389,000.00 Grant Parameters • Planting trees can take place without removal. • Removals need to be considered a necessary component of replanting. • Removals conducted on streets and manicured parks must meet a minimum of one tree planted for each tree removed. • Removals conducted in park woodlands must incorporate replanting at a meaningful rate. o Removals in woodlands need to be mitigating a public safety concern or to address degraded ecosystems. o Removals must meet a minimum of one tree planted for five trees removed. Accomplishment Reports As work is completed, thoroughly address all applicable bullet points below. Add in the date of reporting (e.g. 1/1/24) and change the font color of your update to red, to show where information has been added. Continually add to this document over the lifetime of your grant, making sure that all bullet points are addressed by the time of the grant’s completion. A written update must be submitted by each reporting deadline, to ensure project is moving forward and on track to completion. Add written reports below corresponding to each reporting date: July 1, 2024 Update: January 1, 2025 Update: July 1, 2025 Update: 41 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants January 1, 2026 Update: July 1, 2026 Update: January 1, 2027 Update: July 1, 2027 Update: January 15, 2028 Final Report: Work with DNR to fully execute and report on the impacts of the work plan by meeting the requirements as submitted in the application: Anticipated Accomplishments: Trees Removed-291 Trees Planted-291 Project Overview and Need Stillwater is a small city of 19,389 residents. According to the 2010 DNR survey, Fraxinus made up 16.5% of the city’s trees. EAB was first detected in Stillwater in 2018, and has rapidly spread since. In June 2023, an inventory of 602 public ash trees was done. 291 of the 602 ashes are infested beyond salvage, posing significant public safety risk. 95% are in boulevards and rights-of-ways. Of the remaining 311 trees, roughly half are being treated by homeowners, and treatment has been suggested to homeowners for the remaining healthy trees. 167 of the infested trees fall within an MPCA area of concern for environmental justice. The first phase is removal of the 291 ashes, followed by stump grinding. The second phase is replacement planting with a diverse mix of climate adapted trees. Homeowners having ashes removed will get the option to have replacement trees planted in the boulevard or right-of-way. If they say no, the tree will be planted nearby in a city park, boulevard or open space. Stillwater’s budget was not designed for mass tree removal. In 2023 there was $45K for removals, $10K for EAB treatment and $9K for planting. Rapid ash mortality has outpaced the city’s financial capacity for removal. The quote for removing and stumping 291 ashes, $260,000, is far beyond what the city can afford. In 2022, the city exhausted its budget and was unable to complete all tree work by year's end. Without this grant, the city would have to prioritize only the most hazardous trees, leaving many infested trees standing for years. Replacement planting would struggle to match the removal rate. The city doesn’t plant boulevard trees for residents, but if funds are awarded, it would be allowed. The project goal is to eliminate the risk of dead boulevard trees, and replace with diverse, climate resilient species. The actions will mitigate immediate hazards while protecting against future losses. The project will also serve to educate the public about everything EAB, as well as the importance of diverse, healthy urban forests. Project Timeline 1. February 2024: Begin bidding process for removal/ grinding and for tree planting and maintenance. 2. Late February 2024 – August 30, 2024: Removal of trees by contractor. All trees need to be removed by the end of August 2024. Although EAB flight season is May-September, Stillwater is in the middle of a heavily infested area. The contractor will be unlikely to complete all 291 removals between late February and May 1, 2024. Removals during the EAB flight season will be necessary to avoid risk to public safety and property. 42 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants 3. March 2024: Develop and send out letter to homeowners to gage interest in boulevard replacements. Based on homeowner answers, city forester will develop a final planting map for the contractor. 4. May - October 2024: Stump grinding, done by contractor. This may be a long process, so we would allow stump grinding to occur over the course of the summer and fall. 5. May 2024: Develop educational materials to be distributed. Project info will be publicized in the summer quarterly newsletter. 6. May 2024: Approach the Stillwater Gazette about ongoing EAB story for the local paper. 7. August 2024 - November 2024: The selected contractor will source and plant all trees according to planting maps. Even if all ashes are not removed yet, we will have 291 spots ready for new trees. 8. October 2024: City forester check-ins, assessing quality of stock and planting workmanship. Meeting with homeowners to discuss any questions or concerns they have about the new trees. 9. December 2024 - General Obligation Bond Financed Property Declaration will be recorded for trees in parks. Waiver Requests will be submitted for right-of-way trees. 10. April-October 2025: The city-hired contractor waters and maintains trees. Contractor communicates with city forester regarding any issues or replacements. 11. October 2025: City forester check-ins, Meeting with homeowners to discuss any questions or concerns they have about the new trees. 12. April-October 2026: The city-hired contractor waters and maintains trees. Contractor communicates with city forester regarding any issues or replacements. 13. October 2026: City forester check-ins, Meeting with homeowners to discuss any questions or concerns they have about the new trees. 14. April-October 2027: The city-hired contractor waters and maintains trees. Contractor communicates with city forester regarding any issues or replacements. 15. November 2027: The city-hired contractor’s 3-year maintenance obligation is completed. Residents will be informed that the maintenance period is complete. Continued watering will be suggested to keep the trees healthy. Project Budget Explanation The price for removal, stump grinding and cleanup is $900 per tree. The price for nursery stock, planting and 3 years of maintenance/warranty comes out to roughly $740 per tree. Total cost would be $1640 for each removal and replacement. Removal and stump grinding were quoted by BJ Haines Tree Service at $260,000 – almost 6 times the yearly tree budget. The 291 trees had an average DBH of 16.3”. 27 of them are 24” or larger, shown in the DBH Chart attachment. Five of the largest trees need crane removal. Removal of 291 trees could take 5+ years without assistance. There are 120 more untreated, healthy ashes that may die in that time. Owners have been advised to treat the boulevard ashes, as per Stillwater’s 2020 EAB plan. The project would allow the city to complete future ash removals at a manageable pace thanks to insecticide treatments slowing the death rate. Trees will be sourced and planted by a contractor. The total cost of this will be $129,000 based on an estimate from Hoffman & McNamara Nursery (H&M). This includes $190 per 15-gallon tree and $250 per tree for planting. 43 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Watering is the biggest barrier to planting trees in Stillwater. Watering is often neglected in order to keep up with other parks and rec duties. Adding 291 more trees to the watering list is something the city could not handle. Homeowner watering is not always reliable, especially at a large scale. That is why the city is choosing to pay a contractor for 3 years of maintenance for these trees. Although this is not an eligible project expense, the city is willing to budget $100 per tree, an estimated $30K, per year for maintenance for 2025, 2026 and 2027. Maintenance includes watering, replanting if needed, mulch bed maintenance, and warranty replacement. With full contractor responsibility for maintenance, the replacement trees would be in good hands - ensuring establishment and taking pressure off the city’s park department and forestry budget. As an added bonus, the city forester could space out inspection intervals of the 291 trees because the nursery contractor would be notifying the city with any issues. This option is the most desirable for the city because of the maintenance and warranty obligations of the selected nursery contractor. This project would allow Stillwater to protect residents from dangerous, dying ash trees. The project would also guarantee the establishment of almost 300 new trees. Project Impacts on Priority Landscapes and Populations The southwestern corner of the city falls within the MPCA’s areas of increased concern for environmental justice, see Map attachment. This part of the city is home to businesses, warehouses, apartment complexes, townhouse villages and other housing developments. The area can be split into two sections: west of Stillwater Blvd (1) and east of Stillwater Blvd (2). A total of 167, or 57%, of the designated ashes are located within this area. In section 1, 21% of residents’ incomes are less than 200% of the federal poverty level and 15% are people of color. In section 2, 20% of residents’ incomes are less than 200% of the federal poverty level and 25% are people of color. Though Stillwater has over 90% white population, the BIPOC population across the city is not insignificant. All Stillwater residents would greatly benefit from this project. Several properties in the project area are rental units for lower income families. The lower income residents are just as likely to be struck by or sustain property damage from tree failure. Lower income families would struggle to pay the incurred costs associated with tree failure. Additionally, some of the lower income residents, along with the many senior citizens, may not have the physical or financial capacity to plant replacement trees after the ashes are gone. During this project, BIPOC residents of Stillwater will have the opportunity to learn about EAB, urban forestry priorities, and best practices for tree planting and maintenance. Residents who are having trees removed or planted will be engaged with direct outreach – either phone or door knock, educational materials, and periodic check-ins from the city forester. Residents of all backgrounds will be engaged through newsletters, new articles, social media posts and information on the city's website. We will encourage residents to contact the city forester for assistance in diagnosing and coordinating the management of their ashes. Lower income residents and people of color will be encouraged to join in the endeavor to get the EAB epidemic down to a manageable level through community education about emerald ash borer management and proactive planning. Communication Educational materials will be developed and distributed to residents who are having trees removed or having new trees planted. They will explain everything they should know 44 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants about EAB, tree maintenance, recommended species, and broad urban forest goals. The same materials will be available on the city’s website, quarterly newsletter, and will be posted publicly in community areas of infested neighborhoods. Information about the project will be posted on the city’s forestry website along with the city Facebook page. Details and updates about the project will be posted twice per year in Stillwater’s quarterly newsletter. The Gazette, Stillwater’s local newspaper, will be contacted about running a story on the project. The Gazette posted an article about EAB in Stillwater in March, 2022. We will ask to do a continuation of that story. We will focus on: EAB: what’s being done, why it’s being done, what you can do to prevent or mitigate EAB. A secondary focus of the article will be about the benefits of shade trees, and the importance of forest diversification in the midst of climate change. What we will teach about Emerald Ash Borer: -How Emerald Ash Borer got here and why it’s such a big problem. -Different management strategies. -Options for treating healthy ashes. -Weighing the benefits of treatment vs removal. -Overall impacts across the region. What we will teach about Urban Forestry: -The many benefits of urban forests and why trees are so important. -Urban forestry challenges, and what is being done differently today. -Steps for establishing healthy trees. We will outline proper planting and watering practices, and how to avoid common mistakes in tree planting. -Selecting appropriate trees for your site -Climate change impacts and forest management strategies: resistance, resilience and transitioning. -The importance of diversity at a family and genus level. Key Personnel Andrew Coyne – Natural Resources Technician, City of Stillwater B.S. Forest & Natural Resource Mgmt, UMN 2019; ISA Certified Arborist SO-10571A Duties: Project coordination, contractor communication, public outreach & education, tree health assessments. Experience: Andrew has been working in the tree industry for 3 years. He spent 2.5 years as a consulting utility arborist planning and coordinating vegetation management activities and conducting landowner outreach. He has been Stillwater’s natural resource technician and city forester for over 1 year. Andrew has a forestry degree and has been a certified arborist for 3 years. Cole Boelter - GIS Technician, City of Stillwater Duties- Creation of removal and planting maps Tree removal and stump grinding will be contracted out. BJ Haines provided estimates for the project's financial planning. All tree work will be done in compliance with current ANSI standards. The contractor will be responsible for following all laws and regulations, will be licensed and insured, and will be registered with the MDA’s Tree Care Registry. The contractor will be responsible for all debris disposal. The contractor will be responsible for notifying the city of road closures, and for coordinating all clearance zones 45 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants with utility companies. The contractor will be responsible for all utility locate requests prior to stump grinding. Tree planting will also be contracted out. We had this quoted by Hoffman & McNamara Nursery, but there may be other nurseries interested in bidding on the project. The nursery installer will be responsible for planting in accordance with ANSI standards. The contractor will be responsible for supplying all and installing mulch at the time of planting. Tree Planting Grant funds will not fund the purchase of trees that are over-represented in your community. Any genera that comprise 10% or more of the community forest make-up will not be funded. Numbers derived from the Minnesota Department of Natural Resources 2010 Rapid Assessment will be used unless an updated inventory is provided. For this community it means grant funds cannot be spent on purchasing: • Picea (spruce): 18.9% • Fraxiunus (ash): 16.5% • Acer (maple): 14.5% • Betula (birch): 13.0% • Malus (apple): 12.6% All trees planted with grant funds are expected to be maintained based on the grantee submitted Three Year Maintenance Plan and attached to contract. Trees that do not survive will need to be replaced prior to grant close-out utilizing the warranty the city has with the nursery that stock was purchased from, or at the expense of the grantee. Trees must be planted in accordance with the standards set in the Minnesota Department of Natural Resources Pocket Guide to Planting Trees. Reporting and Preparing for Reimbursement Accomplishment reports, maps, and declarations and/or certifications of completed work will need to be submitted in order to make an official request for reimbursement. You may wait until the end of your project to submit an official request for reimbursement; however, you will be required to submit the following annually on reporting deadlines as listed above under “Accomplishment Reports” to ensure that you are on track for completing grant accomplishments and securing necessary documentation. • Partial payment form along with invoices and proof of payment for grant-funded purchases, Cash Match form along with proof of payment, and In-Kind Match form • Accomplishment Reports will include grant contract deliverables and their impacts (required biannually, see dates above) • Photo documentation of the project’s progress at appropriate phases, and illustrations, diagrams, charts, graphs, and maps to show results • Maps will: o Identify the location of ash that have been removed o Identify the location of ash stumps that have been ground o Identify the location and species of trees that have been planted • All trees removed, and planted will be mapped and submitted as shapefiles, with the planted trees identified by species, to obtain grand fund reimbursement. If your community does not have access to shapefile-generating software, please notify your DNR Urban and Community Forestry Team Member, and they will work to assist you. 46 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Following the submission of invoices and accomplishment reports, a compliance check will be conducted by Minnesota Department of Natural Resources staff. Staff will do a site evaluation ensuring that tree species submitted on maps are correctly identified and planted in accordance with the standards set in the Minnesota Department of Natural Resources Pocket Guide to Planting Trees. Staff will also ensure that the project adheres to the 20-10-5 guideline which means that following planting, a community has no more than 20% of their trees within a single family, no more than 10% of their trees within a single genus, and no more than 5% of their trees within a single species. Staff will confirm that planted tree stock is ¾ - 2 inch caliper bareroot or a container class size #20 or smaller. To Obtain Reimbursement All documentation within the above section “Preparing for Reimbursement” will be required to obtain reimbursement. Additionally, you will be required to submit all relevant certifications and/or declarations. Certifications and Declarations This grant requires a declaration be recorded against real estate that is purchased or improved with state general obligation bond proceeds. When trees are planted in parks or public-owned properties, a General Obligation Bond Financed Property Declaration must be recorded on the legal description with the County Recorder. The recorded declaration proclaims a property as “Restricted Property,” which prevents these properties from being sold, mortgaged, encumbered, or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget for 125% of the useful life of the Restricted Property. The useful life for this grant is 30 years, meaning 125% of that is 37.5 years. If the grant project involves more than one park or public-owned property, one declaration can be recorded with multiple legal descriptions (this means you only pay one filing fee). Consider recording the declaration after all trees have been planted in parks or on public-owned properties, instead of beforehand, since removing a declaration from a legal description requires a written release from the commissioners of Management and Budget and Department of Natural Resources. For projects or portions of projects that lie within roads, highways or utility or transit corridors, easements or rights-of-way, a waiver appeal can be requested. If approved, the grantee will require a certification in which the grantee acknowledges that the property purchased and/or improved is still state bond financed property and thus subject to certain statutory requirements will suffice in lieu of a declaration. Certifications and declarations must be submitted before requesting reimbursement from DNR. Please see Attachments 1A, 1B, and 2A. For more information and templates. Acknowledgment The Minnesota Department of Natural Resources needs to be acknowledged in publications, audiovisuals, and electronic media developed as a result of this award. • Including any publications or outreach materials related to this grant or agreement, a statement of affiliation with Minnesota Department of Natural Resources, e.g., “This publication made possible through a grant from the Minnesota Department of Natural Resources.” OR “This project was conducted in cooperation with the Minnesota Department of Natural Resources.” 47 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants • Logo is permitted for use and can be obtained by contacting an Urban and Community Forestry Team Member. 48 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this General Obligation Bond Proceeds Grant Agreement Construction Grant for the City of Stillwater Shade Tree Project under the MN Natural Resources Shade Tree on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: City of Stillwater , a Home -Rule Charter City By: Its: Dated: _______________________ And: Its: Dated: ______________________ And: Its: Dated: _______________________ STATE ENTITY: Minnesota Department of Natural Resources, Division of Forestry, By: Its: Dated: _______________________ 49 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Beth Wolf Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Attachment I to Grant Agreement State of Minnesota General Obligation Bond Financed DECLARATION The undersigned has the following interest in the real property located in the County of ____________, State of Minnesota that is legally described in Exhibit A attached and all facilities situated thereon (collectively, the “Restricted Property”): (Check the appropriate box.) a fee simple title, a lease, or an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Stat. § 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in that certain [Insert title of the general obligation grant agreement]_ between _______________ and ______________, dated _________, ____. The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable form signed by both the Commissioner of [Insert the name of the State Entity that provided the grant] and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. (SIGNATURE BLOCK, ACKNOWLEDGMENTS, AND STATEMENT AS TO WHOM IT WAS DRAFTED BY.) 50 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 □ □ □ Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY 51 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Attachment II to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY To be determined once Real Property is finalized by Public Entity with the Declaration (Attachment 1) 52 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Grant Agreement – City of Stillwater Generic GO Bond Proceeds 1Ver – 10/26/20 Grant Agreement for Program Construction Grants Attachment III to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identify Source of Funds Amount Identify Items Amount State G.O. Funds Ownership Acquisition Program Grant $389,000.00 and Other Items Paid for with Program Grant Funds Other State Funds Purchase of Ownership $__________ ____________ $__________ Interest ____________ $__________ Other Items of a Capital ____________ $__________ Nature Subtotal $__________ Tree Removal and Planting $389,000.00 ____________ $__________ Matching Funds ____________ $__________ ____________ $__________ Subtotal $__________ ____________ $__________ Subtotal $__________ Items Paid for with Non- Program Grant Funds Other Public Entity Funds ____________ $__________ ____________ $__________ ____________ $__________ ____________ $__________ ____________ $__________ Subtotal Subtotal $__________ Loans ____________ $__________ Subtotal $__________ Other Funds ____________ $__________ Subtotal $__________ - Prepaid Project Expenses ____________ $__________ ____________ $__________ Subtotal $__________ TOTAL FUNDS $389,000.00 TOTAL PROJECT COSTS $389,000.00 53 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Generic GO Bond Proceeds Contract # 242253 / PO # 3-246337 Ver – 10/26/20 Grant Agreement for Program Construction Grants Attachment IV to Grant Agreement PROJECT COMPLETION SCHEDULE Not Applicable 54 of 60 DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Page 1 of 4 Attachment V to Grant Agreement Shade Tree Program Bonding Grants 2023 Application Please refer to the Request for Applications (RFA) when completing this application. Submit this form, along with required attachments, to ucf.dnr@state.mn.us by October 2, 2023. Checklist: Application Form (filled out, guided by the RFA) Budget Form (Attachment A) 3‐Year Tree Maintenance Plan (Attachment B) Species Selection and Stock List (follow guidelines in RFA) Local Unit of Government (LUG) Project Coordinator Coordinator Title Address City, State, Zip County Coordinator Email Coordinator Phone Number Grant Amount Requested Cash Match (refer to RFA for match guidance) In‐Kind Match Total Match (combined In‐Kind and Cash Match) Yes No Don’t KnowHave you received a DNR community forestry grant in the past? Is this application limited to serving a community, or communities, with populations less than 20,000? (To encourage applications from smaller communities across Minnesota, points will be awarded to grants that serve communities with populations less than 20,000) Yes No 55 of 60 4 4 4 4 City of Stillwater Andrew Coyne Natural Resource Technician 216 4th St N Stillwater, MN 55082 Washington acoyne@ci.stillwater.mn.us 651-430-8836 389000 0 0 0 4 4 aocuSign Envelope Ia: 4EA8A25A-3a63-4105-AV00-aa6C510E5008 □ □ □ □ □ m, DEPARTMENT OF NATURAL RESOURCES □ □ □ □ Page 2 of 4 Project Overview and Need (25 points; 2,050 character maximum including spaces) Provide a summary of the project, why this funding is needed, what project work will not happen without these grant funds, and expected outcomes. This should include a description of the project location (community wide project, specific parks, etc.). A successful application will demonstrate a readiness to take on a project of the proposed scope and size, and will benefit environmental justice priority populations, and focus on significant public safety concerns. Project Timeline (15 points; 2,600 character maximum including spaces) Describe the approximate project schedule showing intermediate steps and milestones. A successful timeline will provide specific dates, is easy to comprehend, and will follow best management practices 56 of 60 Stillwater is a small city of 19,389 residents. According to the 2010 DNR survey, Fraxinus made up 16.5% of the city’s trees. EAB was first detected in Stillwater in 2018, and has rapidly spread since. In June 2023, an inventory of 602 public ash trees was done. 291 of the 602 ashes are infested beyond salvage, posing significant public safety risk. 95% are in boulevards and rights-of-ways. Of the remaining 311 trees, roughly half are being treated by homeowners, and treatment has been suggested to homeowners for the remaining healthy trees. 167 of the infested trees fall within an MPCA area of concern for environmental justice. The first phase is removal of the 291 ashes, followed by stump grinding. The second phase is replacement planting with a diverse mix of climate adapted trees. Homeowners having ashes removed will get the option to have replacement trees planted in the boulevard or right-of-way. If they say no, the tree will be planted nearby in a city park, boulevard or open space. Stillwater’s budget was not designed for mass tree removal. In 2023 there was $45K for removals, $10K for EAB treatment and $9K for planting. Rapid ash mortality has outpaced the city’s financial capacity for removal. The quote for removing and stumping 291 ashes, $260,000, is far beyond what the city can afford. In 2022, the city exhausted its budget and was unable to complete all tree work by year's end. Without this grant, the city would have to prioritize only the most hazardous trees, leaving many infested trees standing for years. Replacement planting would struggle to match the removal rate. The city doesn’t plant boulevard trees for residents, but if funds are awarded, it would be allowed. The project goal is to eliminate the risk of dead boulevard trees, and replace with diverse, climate resilient species. The actions will mitigate immediate hazards while protecting against future losses. The project will also serve to educate the public about everything EAB, as well as the importance of diverse, healthy urban forests. 1. February 2024: Begin bidding process for removal/ grinding and for tree planting and maintenance. 2. Late February 2024 – August 30, 2024: Removal of trees by contractor. All trees need to be removed by the end of August 2024. Although EAB flight season is May-September, Stillwater is in the middle of a heavily infested area. The contractor will be unlikely to complete all 291 removals between late February and May 1, 2024. Removals during the EAB flight season will be necessary to avoid risk to public safety and property. 3. March 2024: Develop and send out letter to homeowners to gage interest in boulevard replacements. Based on homeowner answers, city forester will develop a final planting map for the contractor. 4. May - October 2024: Stump grinding, done by contractor. This may be a long process, so we would allow stump grinding to occur over the course of the summer and fall. 5. May 2024: Develop educational materials to be distributed. Project info will be publicized in the summer quarterly newsletter. 6. May 2024: Approach the Stillwater Gazette about ongoing EAB story for the local paper. 7. August 2024 - November 2024: The selected contractor will source and plant all trees according to planting maps. Even if all ashes are not removed yet, we will have 291 spots ready for new trees. 8. October 2024: City forester check-ins, assessing quality of stock and planting workmanship. Meeting with homeowners to discuss any questions or concerns they have about the new trees. 9. December 2024 - General Obligation Bond Financed Property Declaration will be recorded for trees in parks. Waiver Requests will be submitted for right-of-way trees. 10. April-October 2025: The city-hired contractor waters and maintains trees. Contractor communicates with city forester regarding any issues or replacements. 11. October 2025: City forester check-ins, Meeting with homeowners to discuss any questions or concerns they have about the new trees. 12. April-October 2026: The city-hired contractor waters and maintains trees. Contractor communicates with city forester regarding any issues or replacements. 13. October 2026: City forester check-ins, Meeting with homeowners to discuss any questions or concerns they have about the new trees. 14. April-October 2027: The city-hired contractor waters and maintains trees. Contractor communicates with city forester regarding any issues or replacements. 15. November 2027: The city-hired contractor’s 3-year maintenance obligation is completed. Residents will be informed that the maintenance period is complete. Continued watering will be suggested to keep the trees healthy. DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Page 3 of 4 Project Budget Explanation (20 points; 2,200 character maximum including spaces) Provide additional remarks to clarify the budget request. If applicable, provide an explanation of how you are funding portions of your project that are not eligible with grant dollars. A successful budget will provide specific dollar amounts for anticipated use, will be financially realistic and cost effective. Budget will be correctly calculated. Project Impacts on Priority Populations (20 points; 2,200 character maximum including spaces) This grant opportunity aligns with state initiatives to reduce disparities in health and environmental quality for diverse populations. A successful proposal will serve and include areas of concern for environmental justice (communities with higher populations of low‐income residents and/or people of color, including tribal communities), and the applicant will describe actionable items for these communities. 57 of 60 The price for removal, stump grinding and cleanup is $900 per tree. The price for nursery stock, planting and 3 years of maintenance/warranty comes out to roughly $740 per tree. Total cost would be $1640 for each removal and replacement. Removal and stump grinding were quoted by BJ Haines Tree Service at $260,000 – almost 6 times the yearly tree budget. The 291 trees had an average DBH of 16.3”. 27 of them are 24” or larger, shown in the DBH Chart attachment. Five of the largest trees need crane removal. Removal of 291 trees could take 5+ years without assistance. There are 120 more untreated, healthy ashes that may die in that time. Owners have been advised to treat the boulevard ashes, as per Stillwater’s 2020 EAB plan. The project would allow the city to complete future ash removals at a manageable pace thanks to insecticide treatments slowing the death rate. Trees will be sourced and planted by a contractor. The total cost of this will be $129,000 based on an estimate from Hoffman & McNamara Nursery (H&M). This includes $190 per 15-gallon tree and $250 per tree for planting. Watering is the biggest barrier to planting trees in Stillwater. Watering is often neglected in order to keep up with other parks and rec duties. Adding 291 more trees to the watering list is something the city could not handle. Homeowner watering is not always reliable, especially at a large scale. That is why the city is choosing to pay a contractor for 3 years of maintenance for these trees. Although this is not an eligible project expense, the city is willing to budget $100 per tree, an estimated $30K, per year for maintenance for 2025, 2026 and 2027. Maintenance includes watering, replanting if needed, mulch bed maintenance, and warranty replacement. With full contractor responsibility for maintenance, the replacement trees would be in good hands - ensuring establishment and taking pressure off the city’s park department and forestry budget. As an added bonus, the city forester could space out inspection intervals of the 291 trees because the nursery contractor would be notifying the city with any issues.This option is the most desirable for the city because of the maintenance and warranty obligations of the selected nursery contractor. This project would allow Stillwater to protect residents from dangerous, dying ash trees. The project would also guarantee the establishment of almost 300 new trees. The southwestern corner of the city falls within the MPCA’s areas of increased concern for environmental justice, see Map attachment. This part of the city is home to businesses, warehouses, apartment complexes, townhouse villages and other housing developments. The area can be split into two sections: west of Stillwater Blvd (1) and east of Stillwater Blvd (2). A total of 167, or 57%, of the designated ashes are located within this area. In section 1, 21% of residents’ incomes are less than 200% of the federal poverty level and 15% are people of color. In section 2, 20% of residents’ incomes are less than 200% of the federal poverty level and 25% are people of color. Though Stillwater has over 90% white population, the BIPOC population across the city is not insignificant. All Stillwater residents would greatly benefit from this project. Several properties in the project area are rental units for lower income families. The lower income residents are just as likely to be struck by or sustain property damage from tree failure. Lower income families would struggle to pay the incurred costs associated with tree failure. Additionally, some of the lower income residents, along with the many senior citizens, may not have the physical or financial capacity to plant replacement trees after the ashes are gone. During this project, BIPOC residents of Stillwater will have the opportunity to learn about EAB, urban forestry priorities, and best practices for tree planting and maintenance. Residents who are having trees removed or planted will be engaged with direct outreach – either phone or door knock, educational materials, and periodic check-ins from the city forester. Residents of all backgrounds will be engaged through newsletters, new articles, social media posts and information on the city's website. We will encourage residents to contact the city forester for assistance in diagnosing and coordinating the management of their ashes. Lower income residents and people of color will be encouraged to join in the endeavor to get the EAB epidemic down to a manageable level through community education about emerald ash borer management and proactive planning. DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Page 4 of 4 Communication (10 points; 2,200 character maximum including spaces) Describe the methods you will use to conduct outreach to citizens about this grant project. A successful communication strategy will use multiple formats that have the potential to reach the public about the use of grant funds and community forest practices. Key Personnel (10 points; 2,200 character maximum including spaces) Please list all certifications and education degrees for staff or contractors involved in the project. Describe the duties internal staff will conduct, and any work that will be contracted out, or the partnerships you will leverage to complete tasks. Include key personnel and their past experience with similar tasks. If you expect to contract work out, describe requirements you will have for contractors. 58 of 60 Educational materials will be developed and distributed to residents who are having trees removed or having new trees planted. They will explain everything they should know about EAB, tree maintenance, recommended species, and broad urban forest goals. The same materials will be available on the city’s website, quarterly newsletter, and will be posted publicly in community areas of infested neighborhoods. Information about the project will be posted on the city’s forestry website along with the city Facebook page. Details and updates about the project will be posted twice per year in Stillwater’s quarterly newsletter. The Gazette, Stillwater’s local newspaper, will be contacted about running a story on the project. The Gazette posted an article about EAB in Stillwater in March, 2022. We will ask to do a continuation of that story. We will focus on: EAB: what’s being done, why it’s being done, what you can do to prevent or mitigate EAB. A secondary focus of the article will be about the benefits of shade trees, and the importance of forest diversification in the midst of climate change. What we will teach about Emerald Ash Borer: -How Emerald Ash Borer got here and why it’s such a big problem. -Different management strategies. -Options for treating healthy ashes. -Weighing the benefits of treatment vs removal. -Overall impacts across the region. What we will teach about Urban Forestry: -The many benefits of urban forests and why trees are so important. -Urban forestry challenges, and what is being done differently today. -Steps for establishing healthy trees. We will outline proper planting and watering practices, and how to avoid common mistakes in tree planting. -Selecting appropriate trees for your site -Climate change impacts and forest management strategies: resistance, resilience and transitioning. -The importance of diversity at a family and genus level. Andrew Coyne – Natural Resources Technician, City of Stillwater B.S. Forest & Natural Resource Mgmt, UMN 2019; ISA Certified Arborist SO-10571A Duties: Project coordination, contractor communication, public outreach & education, tree health assessments. Experience: Andrew has been working in the tree industry for 3 years. He spent 2.5 years as a consulting utility arborist planning and coordinating vegetation management activities and conducting landowner outreach. He has been Stillwater’s natural resource technician and city forester for over 1 year. Andrew has a forestry degree and has been a certified arborist for 3 years. Cole Boelter - GIS Technician, City of Stillwater Duties- Creation of removal and planting maps Tree removal and stump grinding will be contracted out. BJ Haines provided estimates for the project's financial planning. All tree work will be done in compliance with current ANSI standards. The contractor will be responsible for following all laws and regulations, will be licensed and insured, and will be registered with the MDA’s Tree Care Registry. The contractor will be responsible for all debris disposal. The contractor will be responsible for notifying the city of road closures, and for coordinating all clearance zones with utility companies. The contractor will be responsible for all utility locate requests prior to stump grinding. Tree planting will also be contracted out. We had this quoted by Hoffman & McNamara Nursery, but there may be other nurseries interested in bidding on the project. The nursery installer will be responsible for planting in accordance with ANSI standards. The contractor will be responsible for supplying all and installing mulch at the time of planting. DocuSign Envelope ID: 4EA8A25A-3D63-4105-A900-DD6C510E5008 Attachment VI to Grant Agreement 3-Year Tree Maintenance Plan Template for Newly Planted Trees Year and Season of Planting: Phone: Size (caliper for deciduous, height for conifers): # of Trees to be Planted: Type of Stock to be Planted (Bare root, etc.): Describe how the activities below will be completed. 1.Tree Maintenance Personnel a.Describe who is responsible for maintenance. b.Volunteers, homeowners, or inexperienced staff that will provide maintenance should receive basic training and literature on proper maintenance techniques. Is training needed and how will you do it? c.How will you inspect tree maintenance work periodically to make sure it is being done correctly? 2.Tree Watering Process Describe in detail how trees will be watered, the time period and frequency of watering. Trees should be watered weekly for the first 3 to 5 years when the ground is thawed, unless it has rained 1 inch in a week. Email: Project Coordinator: LUG: 59 of 60 Fall 2024City of Stillwater Andrew Coyne 651-430-8836 acoyne@ci.stillwater.mn.us 1.25-1.5"291 Container (15 Gallon) The contractor responsible for tree installation will also be responsible for maintenance for the entire 3 year period. The city of Stillwater will pay for the contractor's 3 year maintenance agreement. Hoffman & McNamara Nursery was contacted about this because they have had past maintenance obligations for some of the Stillwater's tree planting projects. They typically do 2-year periods but are able to provide that third year if requested. Maintenance includes watering, weeding mulch beds, adjusting tipped trees and addressing other irregular maintenance needs. No training will be needed for maintenance since it will be handled by the nursery installation crew. Guidance on proper tree planting and maintenance will be highlighted in the educational urban forestry materials that will be distributed. Training will not be needed for the project trees, but all residents will have the opportunity to learn about proper tree maintenance for their own purposes. The city forester will inspect all planted trees at least one time per year during the maintenance period. The planting/maintenance contractor will be responsible for notifying the city of any issues that arise. Since contractors will be visiting the trees on a near-weekly basis, reporting of issues will be happening in real-time. This way, all tree issues can be addressed in a timely manner. This method will also serve to reduce the many hours that would be required for quarterly inspections. The city forester is the only natural resource personnel in the city, so routine inspection of almost 300 trees can be quite cumbersome. The 3-year maintenance obligation also includes replacement warranty, so the contractor will benefit from keeping up with maintenance. Trees will be watered by the contractor on a weekly basis, unless rainfall has been sufficient to sustain the trees on their own. The contractor can choose any method that allows for the slow, sustained watering of the trees. Hoffman & McNamara uses soaker hoses, but will also deploy watering bags in some situations. Watering will be required for three whole growing seasons, from spring thaw up until the first hard frost of autumn. aocuSign Envelope Ia: 4EA8A25A-3a63-4105-AV00-aa6C510E5008m, DEPARTMENT OF NATURAL RESOURCES 3. Mulching Trees Will you mulch your trees and if so, how will you maintain mulch? 4. Staking and Tying Trees Explain if staking is necessary due to mowing, vandalism, or wind conditions, and describe plans for inspection and removal. 5. Checking Tree Health The grantee will check trees every 6 – 12 months to identify and address problems. Describe inspection process and follow-up. 6. Tree Protection Young trees in busy urban areas may be easily damaged by human activity, animals, and equipment. Describe how planted trees will be protected. 7. Pruning Newly planted trees should need little pruning, if they were properly cared for in the nursery. In the first year after planting, remove only dead or broken branches. In later years, weakly attached limbs can be removed, and corrective pruning can be done if needed. Describe your pruning maintenance cycle. 8. Tree Warranty Tree planting should include a warranty from the nursery for replacement (due to poor condition or mortality). The grantee should be prepared to fully replace all trees that are in poor condition or die prior to inspection at the end of the project grant agreement, unless loss was due to natural disaster. Describe your tree warranty or how trees will be replaced. 60 of 60 Yes. The contractor will supply mulch with the nursery stock. They will install the mulch in a manner consistent with ISA recommendations and ANSI standards. Mulch maintenance is part of the 3-year maintenance obligation. The contractor will be responsible for weeding mulch beds and making sure the mulch remains at the proper depth and is not piled onto trunks. Staking will only be used if the tree is having stability issues. We will plant all trees without stakes initially, but will use stakes for any trees that are consistently leaning. After one year, staked trees will be inspected for stability. If the trees show improved root stability, the stakes will be removed. If the tree is still unstable, a further root inspection will be conducted. The tree will be replaced if needed, or staked for an additional year. All stakes will be removed after a maximum of two years. Staked trees will be inspected during the contractor's maintenance visits. The city forester will inspect all planted trees at least one time per year during the maintenance period. The contractor will be responsible for notifying the city of any issues that arise. All trees reported to be experiencing health issues will be inspected by the city forester to determine the best course of action. The follow-up action will depend on the nature of the issue. We will respond to pests, pathogens and abiotic disorders in compliance with current best management practices where applicable. Trees will be given stem protectors for winter to deter rodents from chewing on the young bark. Mulch rings will provide protection from mowers and weed whips. There has been no known history of public tree vandalism in Stillwater, so extensive protection measures are not necessary. Dead branches will be removed in the fall of each year during the city forester's maintenance inspections. Structural pruning will be done after the third year, in winter of 2028, once the trees have had enough time to establish strong root systems in the soil. It will entail: establishment of a leader, removal of dead or crossing branches, and selection of appropriately spaced and sized scaffolding branches. The city will be contracting the maintenance out for the entire 3 year period. Hoffman & McNamara's 3- year maintenance/warranty obligation includes weekly watering, replanting if needed, mulch bed maintenance, winter protection and also provides replacements for any trees that die within the 3-year period. Hoffman & McNamara, the nursery contractor who provided the tree stock and planting estimates for this application, has done a fantastic job at maintaining trees on their previous planting projects. MocuSign Envelope IM: 4EA8A25A-3M63-4105-A900-MM6C510E5008 DATE: March 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Angela Ross, Community Development Admin. Assistant SUBJECT: Short-Term Home Rental License Applications BACKGROUND According to Section 41-8, new short-term home rental license applications must be approved by the City of Stillwater City Council. The Community Development Department has received and processed the following short -term home rentals and have deemed them complete for approval by the City Council, with Conditions. Conditions of approval: 1. Install access steps to street or sidewalk to front of house by 11/01/24 for egress purposes 2. Provide proof of recording with County for Lot Line Adjustment/Plat approval by 12/31/24 Failure to comply with the above conditions will result in revocation of license. RECOMMENDATION Approval of the following Short-Term Home Rental License Applications: License Type Address Owner/Applicant Occupancy Type License Location Number of Licenses Short-term home rental 419 2nd St S Brian Brosdahl Foxx Bluff Non-Owner Occupied Central Business District CBD ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving the above short-term home rental license applications. DATE: March 6, 2024 TO: Honorable Mayor and City Councilmembers FROM: Angela Ross, Community Development Admin. Assistant SUBJECT: Consent Agenda Item: Short-Term Home Rental License Applications BACKGROUND According to Section 41-8, new short-term home rental license applications must be approved by the City of Stillwater City Council. The Community Development Department has received and processed the following short -term home rentals and have deemed them complete for approval by the City Council. The last STHR license approved by the City Council noted it was the 38th license to be approved outside of the Central Business District. Since then, a license outside of the Central Business Dis trict was discontinued. The number of licenses below is the corrected and accurate number of licenses available as of the date of this Memo. RECOMMENDATION Approval of the following Short-Term Home Rental License Applications: License Type Address Owner/Applicant Occupancy Type License Location Number of Licenses Short-term home rental 810 4th St S Dana Ahlness Engstrom Rentals Operator Occupied Outside of Downtown Area 38 of 50 Short-term home rental 806 4th St N Zachary Strenke Non-Owner Occupied Outside of Downtown Area 39 of 50 ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving the above short-term home rental license applications. DATE: March 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Doug Brady, Manager SUBJECT: Purchase Request DISCUSSION The St. Croix Valley Recreation Center (SCVRC) request approval to purchase a 16' x 9' L.E.D. wall. The group consisting of of Terre Heiser, Cody Denucci, and Doug Brady did some extensive research on types of products, hardware and software to make sure they would come up with something that would fit the St. Croix Valley Recreation Center patrons, reliability, and students experience. Quotes received from: 1) AVI $158,998.75 with software 2) AVI $140,935.75 with software 3) AVI $123,792.18 with software 4) Legacy Production $107,128.42 with software 5) Legacy Production $ 98,823.40 with software These game day operations tools are vital to elevate the experience for the fans, players, and future pony hockey players. Operation of this high-tech equipment can provide an opportunity for Stillwater Area High School (SAHS) students for real world experience in the game day operations career path. The ultimate goal is to create a symbiotic relationship between SCVRC and SAHS students. The students take over operation of the equipment to create an atmosphere that visiting fans and players look forward to experiencing and Pony fans and Stillwater community members refuse to miss. RECOMMENDATION Staff believes Quote #5 is the most responsible bid for the St. Croix Valley Recreation Center. Funding will be through donations, advertising, and fund balance. ACTION REQUESTED If council concurs with staff recommendation, Council should pass a motion to approve purchase of a 16’ x 9’ LED wall from Legacy Production for $98,823.40. Retail Sales Agreement Reference Number: 1225660 Prepared For: Stillwater, City of Attn: Doug Brady Prepared By : Isaiah Wallfred Phone: 612-559-2395 Email: lsaiah .wallfred@avisystems.com INVOICE TO Attn : Doug Brady Stillwater, City of 216 N. Fourth Street Stillwater, MN 55082 Phone: 651-430-2601 Email: recctr@ci .stillwater.mn.us Customer Number: SCO006 PRODUCTS AND SERVICES SUMMARY Equipment Integration PRO Support Shipping & Handling Tax Q L>-o+e_ fr _j_ Date: December 13, 2023 St. Croix Valley Rec Center -DVLED Video Wall Project: Project Number: AVI Systems Inc. 9675 W 76th St, Eden Prairie , MN 55344 Phone : (952)949-3700 Fax : (952)949 -6000 SITE Attn : Doug Brady St. Croix Valley Rec Center 1675 Market Drive Stillwater, MN 55082 Phone: 651-430-2601 Email: recctr@ci.stillwater.mn .us $97,585 .00 $21,900 .75 $0.00 $4,313.00 $0 .00 5CJ:J...-tr/1's/o"-~re.-! Tot~f -G-ra_n_d_T_o-ta_l ____________ $_1_23-,7-9-8 .-75 +-3S"j l.o o = G >S /1(}2>,7-> J Unless otherwise specified . The prices quoted reflect a discount for a cash payment (i.e ., check, wire transfer) made by Customer in full within the time stated for payment on each invoice . Discount only applies to new items included on the invoice , and only applies if the balance on the invoice is paid in full. All returned equipment is subject to a restocking charge . The prices are valid for 15 days and may be locked in by signing this Retail Sales Agreement. Overdue balances are subject to a finance charge of 1.5% per month, or interest at the highest rate permitted by applicable law. In the event AVI must pursue collection of unpaid invoices , Customer agrees to pay all of A Vi's costs of collection , including its attorneys' fees . INVOICING AND PAYMENT TERMS Customer and AVI have agreed on the payment method of ACH . Payment must be rem itted by stated method . To the extent Customer seeks to use of any payment methods other than stated , and that payment method results in an increased transaction cost to AVI , the new payment must be approved in writing , and the Customer shall be responsible for paying the increased transaction cost to AVI associated with the change in payment method . Payments shall be made 30 days from invoice date . So long as the invoice has been sent and the Customer's payment is made within the terms work will continue. AVI uses progress billing, and invoices for equipment and services allocated to the contract on a monthly basis . Unless otherwise specified, all items quoted (goods and services) as well as applicable out of pocket expenses (permits , licenses, shipping, etc.) are invoiced in summary (including applicable sales taxes due for each category of invoiced items). Printed on De ce m be r 13, 202 3 Page 1 of 6 1225660 Customer is to make payments to the following "Remit to" address: AVI Systems PO Box 842607 Kansas City, MO 64184-2607 Customer must make all payments in the form of bank wire transfers or electronic funds transfers through an automated clearinghouse with electronic remittance detail, in accordance with the payment instructions AVI Systems provides on its invoice to Customer. A monthly summary of detailed equipment received is available upon request. Equipment received may be different than equipment billed based on agreed billing method . TAXES AND DELIVERY Unless stated otherwise in the Products and Services Summary above, AVI will add and include all applicable taxes, permit fees, license fees, and delivery charges to the amount of each invoice. Taxes will be calculated according to the state law(s) in which the product(s) and/or service(s) are provided. Unless Customer provides a valid tax exemption certificate for any tax exemption(s) claimed, AVI shall invoice for and collect all applicable taxes in accordance with state law(s), and Customer will be responsible for seeking a tax crediUrefund from the applicable taxing authority . AGREEMENT TO QUOTE AND DOCUMENTS CONSTITUTING YOUR CONTRACT WITH AVI Customer hereby accepts the above quote for goods and/or services from AVI. When duly executed and returned to AVI, AVl's Credit Department will check Customer's credit and approve the terms. After approval by AVl's Credit Department and signature by AVI, this Retail Sales Agreement will, together with the AVI General Terms & Conditions (which can be found at http ://www.avisystems .comrrermsofSalel form a binding agreement between Customer and AVI. (This Retail Sales Agreement and the AVI General Terms & Conditions of Sale (the T&Cs) are referred to collectively as the Agreement). If not defined in this Agreement, all capitalized terms shall have the meaning given to them in the T&Cs. Should AVl's Credit Department determine at any point prior to AVI commencing work that Customer's credit is not adequate, or should it otherwise disapprove of the commercial terms, AVI reserves the right to terminate the Agreement without cause and without penalty to AVI. AGREED AND ACCEPTED BY AVI Systems, Inc. Company Company Signature Signature Printed Name Printed Name Date Date CONFIDENTIAL INFORMATION The company listed in the "Prepared For" line has requested this confidential price quotation, and shall be deemed "Confidential Information" as that term is defined in the T&Cs . This information and document is confidential and is intended solely for the private use of the customer identified above. Customer agrees it will not disseminate copies of this quote to any third party without the prior written consent of AVI. Sharing a copy of this quote, or any portion of the Agreement with any competitor of AVI is a violation of this confidentiality provision. If you are not the intended recipient of this quote (i.e., the customer), you are not properly in possession of this document and you should immediately destroy all copies of it. Printed on December 13, 2023 Page 2 of 6 1225660 SERVICES TO BE PROVIDED INTEGRATION SERVICES INTEGRATION SCOPE OF WORK A. SUMMARY: AVI will install a DVLED Video Wall on the East Wall of the Arena in the place where the current scoreboard resides . We have provided pricing for removal and move of current scoreboard to the right of the garage door with electrical provided by others. St. Croix Valley Rec Center will be responsible for a fiber connection from the headend office rack location to the scoreboard for video transmission of HDMI to the display . B. SYSTEM DESCRIPTION: Directview LED Video Board 9' tall x 16' wide -6.67mm SMD -IP67 ingress protection with 9000 Nils of brightness . • Functlonality Description: DVLED Display at St. Croix Valley Rec Center Video Wall for owner furnished sources • Displays: o Media Resources 6 .67mm SMD Direct View LED Video wall 9' tall x 16' wide • Source Devices: o HDMI connection from Display, connection from Display to rack provided by others • Audio: o Owner Provided • Switching: o Video content provided by other and switched via content delivery system • Controls: o Display is always on, will be black screen if no content is being played. • Equipmen t Location: o Owner furnished data rack and content to be run from 3rd party system. o Owner responsible for providing HDMI fiber transmission from office equipment rack to video wall • Recommended: AV Pro Edge AC-EXO-444-KIT (OM3 Multimode Fiber) • Requires 10G SFP+ Transceiver x 2 B. EXCLUSIONS: The following work is not included in our Scope of Work: • Owner is responsible for protecting the display with an adequate netting to stop projectiles from damaging the display • All conduits, high voltage, wiring panels, breakers, relays, boxes, receptacles, etc. • Concrete saw cutting and/or core drilling • Firewall, ceiling, roof, and floor penetration • Necessary gypsum board replacement and/or repair • Structural support of equipment *AVI Systems is not responsible for building-related vibrations • All millwork (moldings, trim, cutouts, etc.) • Patching and Painting • Permits (unless specifically provided for and identified within the contract) • Unless otherwise stated, the pricing in this agreement does not include prevailing wage or union labor D. CONSTRUCTION CONSIDERATIONS: In order to accomplish the outlined goals of this project, the Customer will be responsible for contracting with an outside entity to make the necessary modifications to the space as directed by AVI Systems. The costs associated with these modifications are not included in this proposal. E. NOTICE: THIS SCOPE OF WORK IS DELIVERED ON THE BASIS OF THE FOLLOWING ASSUMPTIONS: The room(s) match(es) the drawings provided . Site preparation by the Customer and their contractors include electrical and data placement per AVI Systems specification. Site preparation will be verified by AVI Systems project manager or representative before the scheduling of the installation. All work areas should be clean and dust free prior to the beginning of the on-site integration of electronic equipment. Customer communication of readiness will be considered accurate and executable by AVI Systems project manager. In the event of any arrival to the site that AVI Systems is not able to execute work efficiently and definably progress, the Customer will be charged a fee to reimburse AVI Systems for all lost time and inefficiencies. At this time, the Customer will be presented with a Contract Change Order and will/may halt work until acceptance by the Customer and rescheduling of the integration effort is agreed upon. Rescheduling and redeployment of AVI Systems technicians due to unacceptable site preparation may cause scheduling delays of up to 10 business days. There is ready access to the building/facility and the room(s) for equipment and materials. There is secure storage for equipment during a multi-day integration. If Customer furnished equipment and existing cabling are to be used, AVI Systems assumes that these items are in good working condition at this time and will integrate into the designed solution. Any repair, replacement, and/or configuration of these items that may be necessary will be made at an additional cost. All Network configurations, including IP addresses, are to be provided, operational and functional before AVI Systems integration begins. AVI Systems will not be responsible for testing the LAN connections. Printed on December 13, 2023 Page 3 of6 1225660 • Cable or Satellite drops must be in place with converter boxes operational before the completion of integration . Any delay resulting in extra work caused by the late arrival of these items will result in a change order for time and materials. • Document review/feedback on drawings/correspondence will be completed by the Customer within two business days (unless otherwise noted). • The documented Change Control process will be used to the maximum extent possible -the Customer will have an assigned person with the authority to communicate/approve project Field Directed Change Orders and Contract Change Orders (see Appendix). • In developing a comprehensive proposal for equipment and integration services, AVI Systems' Sales Representatives and Engineering teams must make some assumptions regarding the physical construction of your facility, the availability of technical infrastructure, and site conditions for installation. If any of the conditions we have indicated in the site survey form are incorrect or have changed for your project or project site , please let your Sales representative know as soon as possible . Conditions of the site found during the integration effort, which are different from those documented, may affect the price of the system solution , integration, or services. To ensure that you have an accurate proposal based on your facility and specific to the conditions of your project, please review all project documentation carefully. F. INTEGRATION PROJECT MANAGEMENT PROCESSES AVI Systems will follow a foundational project management process which may include the following actions/deliverables (based on the size/complexity/duration of the integration project): • Site Survey -performed prior to Retail Sales Agreement and attached • Project Welcome Notice -emailed upon receipt of Purchase Order • Project Kick-Off meeting with Customer Representative(s) -either by phone or in-person • Project Status reviews -informal or formal -either by phone or in person (based on the size/complexity/duration of the project) • Project Change Control -comprised of Field Directed Change Order and/or Contract Change Order submittals (see Appendix) • Notice of Substantial Completion (see Appendix) -at Customer walk-through -prior to Service Transition G. KNOWLEDGE TRANSFER (TRAINING) This is geared specifically towards the end-user/ operator. The purpose of this knowledge transfer is to provide operators with the necessary knowledge to confidently and comfortably operate all aspects of the integrated system. Areas covered include the following : • Equipment and system overview • Equipment operation and function • Equipment start-up, stop and shut down • Equipment automatic and manual operation • Discussion and documentation relating to control system operation • Discussion and documentation relating to the system processor and its control applications • Powering up and powering down the AV system via the control system • Manual operation of display systems, audio systems, and all other related components • Use/operation of patch panels, when and where to be used • Whom to call when help is required H. AVI SYSTEMS INTEGRATION SERVICES RESPONSIBILITIES AVI Systems will provide services/work for the project as described above in the Scope of Work or per the attached separate Scope of Work document detailing the scope of work to be performed . • Provide equipment, materials, and service items per the contract products and services detail. • Provide systems equipment integration and supervisory responsibility for the equipment integration. • Provide systems configuration, checkout, and testing . • Provide project timeline schedules. • Provide necessary information, as requested, to the owner or other parties involved with this project to ensure that proper AC electrical power and cableways and/or conduits are provided to properly integrate the equipment within the facilities. • Provide manufacturer-supplied equipment documentation . • Provide final documentation and "as built" system drawings (CAD) -if purchased. • Provide system training following integration to the designated project leader or team . I. CUSTOMER INTEGRATION SERVICES RESPONSIBILITIES • • • • • Provide for the construction or modification of the facilities for soundproofing, lighting, electrical, HVAC, structural support of equipment, and decorating as appropriate. Includes installation of any ceiling-mounted projection screen . Provide for the ordering , provisioning, installation, wiring, and verification of any Data Network (LAN, WAN, T1, ISDN, etc.) and Telephone Line (Analog or Digital) equipment and services prior to on-site integration. Provide all necessary cableways and/or conduits required to facilitate AV systems wiring . Provide all necessary conduits, wiring, and devices for technical power to the AV systems equipment. Provide reasonable access of AVI Systems personnel to the facilities during periods of integration, testing, and training, including off hours and weekends . Provide a secure area to house all integration materials and equipment. Provide a project leader who will be available for consultation and meetings . Provide timely review and approval of all documentation (Technical Reports, Drawings , Contracts, etc.) . ENGINEERING SERVICES Printed on December 13, 2023 Page 4 of6 1225660 ENGINEERING SCOPE OF WORK ENGINEERING SERVICES TO BE PROVIDED AVI Systems will work with the Customer and any related design professionals selected (architects, engineers, etc.) to provide initial and ongoing audiovisual systems design and engineering support for this project. AVI Systems strongly encourages the fostering of a truly open, cooperative "design team" approach, with team members bringing unique, valuable insight from their special perspective to the team. The goal of these services is as follows: • Understand clearly the current and future AV needs of the Customer. • Provide accurate construction documents for the implementation of the AV-related infrastructure. • Provide an overall AV plan that will allow for the procurement of appropriate AV equipment and installation, complete with system diagrams, ensuring correct integration of the equipment. • Compile the data gathered during the engineering process into an Integration Agreement for a turnkey installation of all AV systems, with the added value of a seamless integration process . The Design Process can be modified at any time per the direction of the Customer -otherwise, it shall follow this general outline: AV Program Review/ Verification -The AVI Systems design team will obtain from the Customer the operational specifications desired for the audio and video systems within the designated facility. Additional facility information will be required, including the building's electrical and structural infrastructure, as well as the physical sizes of each room or space. Using compatible AutoCAD drawings, the integration of desired AV systems within available spaces will be visualized. During this initial design phase, various equipment options, with an eye toward future expandability while maintaining current value, will be suggested. Budget Verification -The AVI Systems design team will create a project scope compiled from the infonnation received from the Customer. AVI Systems will generate cost estimates for the various systems as outlined above and compare these budget estimates to any initial AV budgets. This process will reaffinn the exact direction that engineering resources should target in the next phase. Initial Design -During this phase, AVI Systems will begin applying the above-defined systems in detail to the various areas of the Customer fa_cility. Further communications between the Customer and the other design team members, as various options are explored, will be necessary at this time. Typical deliverables from this phase would include the following drawings and/or documents. • Preliminary AV Floor Plan and Elevations detailing locations of all AV devices • Preliminary Projection Geometry detailing projection/screen locations with viewing angles, mounting details, etc. • Preliminary AV Technical Power, Conduit Plans, and Riser Drawings • Preliminary AV Video Flow • Preliminary AV Audio Flow • Preliminary AV Control Flow • Preliminary AV Rack Layouts • Preliminary Equipment Lists • Preliminary Budget Estimates Submittal of the above for the various rooms will be a progressive process, with most critical drawings being submitted first, allowing construction details to be available on an as-needed basis. During this process (modifications to the preliminary plans, due to a variety of considerations: architectural/aesthetic considerations, budget reviews, etc.), electronic exchange of AutoCAD drawings between all the team members will facilitate a quick exchange of updates. Specific design freeze dates will be established with all parties to facilitate timely submittals and help manage the Customer's end cost. All changes are to be reviewed and approved by all parties. Final Systems Design -The changes made in the previous phase to the preliminary designs will be updated and regenerated as "final" construction documents . AVI Systems will typically work from background drawings from an architect under contract to the Customer, entering AV-specific data and returning these back to the architect (or other Customer retained design professional) for integration into final construction documents. Project Specifications Document -The final audiovisual systems designs will be compiled into a written project technical specifications document with equipment lists and any pricing not already included in the quote for complete integration. This document will include the following system diagrams and documents. • AV Floor Plan and Elevations detailing locations of AV devices • AV Video Flow • • AV Audio Flow AV Control Flow Equipment lists as specified System infrastructure requirements, including cable and termination specifications System operational and post-operational requirements Project Scope of Work Project costs Project Integration Agreement Printed on December 13, 2023 Page 5 of 6 1225660 PRODUCTS AND SERVICES DETAIL PRODUCTS: Mfg Description MEDIA RESOURCE 6.67mm SMD Direct View LED Video wall 9' tall x 16' wide Ice Arena Integration Meetings Engineering & Drawings Project Management On Site Integration Sub-Total: Ice Arena Integration Sub-Total: Total: Printed on December 13, 2023 Page 6 of 6 Q!Y. Price 1 $97,585.00 Extended $97,585.00 $21,900.75 $97 ,585.00 $119,485.75 1225660 2/5/24, 1:56 PM St. Croix Valley Recreation Center -Rack & Software SCDREVISIDn r aH oftw r Comments from Amelia Stull This Sales Quote is confidential and is meant to provide an approximate price estimate. Neither ScoreVision nor the prospective client are legally bound to any information contained within this document. This pricing is not guaranteed in any way and is subject to change based on installation requirements, timeline, accessories, additional Creative Services and Support Services packages, and other adjustments. For exact pricing details, please request a Sales Order from your Regional Sales Director. This pricing does not include: • required data cabling • power upgrades • structure enhancements • 2 person lift • LED Processo r ScoreVision needs LED and Processor Specifications to ensure capatability. Products & Services httos ://bloq .scorevision .com/NfNTEwsZaPB5S4 1/5 2/5/24, 1 :56 PM St. Croix Valley Recreation Center -Rack & Software Item & Description ScoreVision Pro 4K Rack ScoreVision Pro 4K Rack (S1andard Indoor) (2) iPad Controllers Software Subscription -ScoreVision Cloud Ad min -Integrated Advertising -Scorekeeper Apps: hockey and universal -Producer App -SV Capture App: livestream, highlights, and moments -Fan App -Access to our world-class Support Team, new apps, continuous software updates, and future innovations httos ://bloQ .scorevision .com/NfNTEwsZaPB5S4 Quantity Unit Price $78,500.00 $6,000.00 / year Total $78,500 .00 $6,000.00 I year for l year 215 2/5/24, 1 :56 PM St. Croix Valley Recreation Center -Rack & Software Item & Description ScoreVision Engagement Package Creative elements to provide an amazing fan experience: · Personalized brand wrapper and school spirit banners · (25) QUIX sport animations · (7) Hype Clip Video Animation Template (75-30 second duration) NOTE: ScoreVision will create a personalized hype clip for you if you deliver personalized assets as required for the effort In order to fulfill on this, you will receive an email notification from the ScoreVision Creative Team soon after the contract on your project is com- pleted It will provide guidance and suggestions on the deliver- ables that our team will need from you in order to build the hype clip for you. This is only a onetime service and deliverable Be aware: there will be a 4-week lead time on delivery of the hype clip after you've delivered the necessary assets. You will have up to a year to provide the content and take advantage of the service. -Player Profile Animations Template+ Video Tutorial with super simple instructions that teaches you how to create your own excit- ing video accolades to showcase and celebrate your players. -Photoshop Wrapper Design Templates: Update the branded backgrounds for your scoreboard displays any time you wish with these art templates. · Media Design Specification Guide(s) and Templates: This is every- thing you need to be able to create your own artwork for ads and graphic banners that appear in the sequences on your displays -Access to the ScoreVision Creative Library: Get downloads of the latest QUIX animations, video templates, tutorials, and other engagement ma- terials for FREE at any time to refresh the experience you deliver to your fans -ScoreVision Academy Program: A. Program Handbook, Learning Lab Tutorials, Resource Guides, and Game Script Templates that you can use to infuse ScoreVision into the educational fabric at your school to give your students real world vocational experience with a real world application that pays dividends for your school on many levels. · 90-day ad management support httos://bloa .scorevision .com/NfNTEwsZaPB5S4 Quantity Unit Price $5,000.00 Total $5,000.00 3/5 2/5/24 , 1 :56 PM St. Croix Valley Recreati on Center -Rack & Software Item & Description Quantity Support & Training -Unlimited phone and email support 7 days a week from Barn to 10pm CT -Pre-Insta l lation online one-on-one training -Onsite Training during inscallation -Unlimited and ongoing onl1ne training after installation Installation & Commissioning Installation of ScoreVision Rack Commissioning of Rack and Software • power, data, any structure upgrades, and 2-person lift NOT included Freight Purchase terms Annual subtotal One-time subtotal Unit Price $0.00 $4,200 00 $7,500.00 Total Total $0.00 $4,200.00 $7,500.00 $6,000.00 $29,200.00 $35,200.00 Quote Terms: 75% due upon signature and 25% remaining balance due upon project completion. State sales tax may be applicable to your invoice. Please notify your sales representative if your institution is tax-exempt. Add Ons (does not include additional installation): (3 ) Wired LED Locker Room Cloc k s: $7,200 (home, away, officials) httos ://bloq .scorevision.com/NfNTEwsZaPB5S4 4/5 2/5/24, 1 :56 PM Questions? Contact me Amelia Stull Regional Director-Great Lakes amelia.stull@scorevision .com + 14027079577 ScoreVision 11742 Stonegate Circle Omaha, NE 68164 us httos ://bloa .scorevision .com/NfNTEwsZaPB5S4 St. Croix Valley Recreation Center -Rack & Software 5/5 Retail Sales Agreement Reference Number: 1225660 Prepared For: Stillwater, City of Attn: Joe Kohlmann Prepared By: Isaiah Wallfred Phone: 612-559-2395 Email: lsaiah .wallfred@avisystems .com INVOICE TO Attn: Joe Kohlmann Stillwater, City of 216 N. Fourth Street Stillwater, MN 55082 Phone: Email: jkohlmann@ci.stillwater.mn.us Customer Number: SCO006 PRODUCTS AND SERVICES SUMMARY Equipment Integration PRO Support Shipping & Handling Tax Date: January 05, 2024 St. Croix Valley Rec Center -DVLED Video Wall Project: Project Number: AVI Systems Inc. 9675 W 76th St, Eden Prairie, MN 55344 Phone: (952)949-3700 Fax: (952)949-6000 SITE Attn: Doug Brady St. Croix Valley Rec Center 1675 Market Drive Stillwater, MN 55082 Phone: 651-430-2601 Email: dbrady@ci.stillwater.mn.us $81,985.00 $21,900.75 $0.00 $1,850.00 1 ...,... -h j $0.00 Sc..ore..il's,·o"-G:i..-o.n:L Io~ _G_ra_n_d_T_o_ta_l ____________ $1_05_,7_3_5._75 + 3~ .2.oO :::. r ({ 0 J 9 35:7,>) Unless otherwise specified. The prices quoted reflect a discount for a cash payment (i.e., check, wire transfer) made by Customer in full within the time stated for payment on each invoice. Discount only applies to new items included on the invoice, and only applies if the balance on the invoice is paid in full. All returned equipment is subject to a restocking charge . The prices are valid for 15 days and may be locked in by signing this Retail Sales Agreement. Overdue balances are subject to a finance charge of 1.5% per month, or interest at the highest rate permitted by applicable law . In the event AVI must pursue collection of unpaid invoices, Customer agrees to pay all of AVl's costs of collection, including its attorneys' fees. INVOICING AND PAYMENT TERMS Customer and AVI have agreed on the payment method of ACH. Payment must be remitted by stated method. To the extent Customer seeks to use of any payment methods other than stated, and that payment method results in an increased transaction cost to AVI, the new payment must be approved in writing, and the Customer shall be responsible for paying the increased transaction cost to AVI associated with the change in payment method. Payments shall be made 30 days from invoice date. So long as the invoice has been sent and the Customer's payment is made within the terms work will continue. AVI uses progress billing, and invoices for equipment and services allocated to the contract on a monthly basis. Unless otherwise specified, all items quoted (goods and services) as well as applicable out of pocket expenses (permits, licenses, shipping, etc.) are invoiced in summary (including applicable sales taxes due for each category of invoiced items). Customer is to make payments to the following "Remit to" address: AVI Systems PO Box 842607 Kansas City, MO 64184-2607 Customer must make all payments in the form of bank wire transfers or electronic funds transfers through an automated clearinghouse with electronic remittance detail, in accordance with the payment instructions AVI Systems provides on its invoice to Customer. Printed on January 05, 2024 Page 1 of 4 1225660 A monthly summary of detailed equipment received is available upon request. Equipment received may be different than equipment billed based on agreed billing method . TAXES AND DELIVERY Unless stated otherwise in the Products and Services Summary above, AVI will add and include all applicable taxes, permit fees, license fees, and delivery charges to the amount of each invoice . Taxes will be calculated according to the state law(s) in which the product(s) and/or service(s) are provided . Unless Customer provides a valid tax exemption certificate for any tax exemption(s) claimed, AVI shall invoice for and collect all applicable taxes in accordance with state law(s), and Customer will be responsible for seeking a tax credit/refund from the applicable taxing authority. AGREEMENT TO QUOTE AND DOCUMENTS CONSTITUTING YOUR CONTRACT WITH AVI Customer hereby accepts the above quote for goods and/or services from AVI. When duly executed and returned to AVI, AVl's Credit Department will check Customer's credit and approve the terms. After approval by AVl's Credit Department and signature by AVI, this Retail Sales Agreement will, together with the AVI General Terms & Conditions (which can be found at http ;//www .av isystems.co m/Te rmsofSale ) form a binding agreement between Customer and AVI. (This Retail Sales Agreement and the AVI General Terms & Conditions of Sale (the T&Cs) are referred to collectively as the Agreement). If not defined in this Agreement, all capitalized terms shall have the meaning given to them in the T&Cs , Should AVl's Credit Department determine at any point prior to AVI commencing work that Customer's credit is not adequate, or should it otherwise disapprove of the commercial terms, AVI reserves the right to terminate the Agreement without cause and without penalty to AVI. AGREED AND ACCEPTED BY AVI Systems, Inc. Company Company Signature Signature Printed Name Printed Name Date Date CONFIDENTIAL INFORMATION The company listed in the "Prepared For" line has requested this confidential price quotation, and shall be deemed "Confidential Information" as that term is defined in the T&Cs. This information and document is confidential and is intended solely for the private use of the customer identified above. Customer agrees it will not disseminate copies of this quote to any third party without the prior written consent of AVI. Sharing a copy of this quote, or any portion of the Agreement with any competitor of AVI is a violation of this confidentiality provision. If you are not the intended recipient of this quote (i.e ., the customer), you are not properly in possession of this document and you should immediately destroy all copies of it. PRODUCTS AND SERVICES DETAIL Mfg Description Qr£ MEDIA RESOURCE Media Resources 6.67mm SMD Direct View LED Video wall 9' tall x 16' wide Ice Arena Integration Sub-Total: Ice Arena Integration Sub-Total: Total: Media Resources: 5-Year Parts Warranty Printed on January 05, 2024 Page 2 of 4 Price $81,985 .00 Extended $81,985.00 $21 ,900 .75 $81 ,985 .00 $103,885 .75 1225660 SERVICES TO BE PROVIDED INTEGRATION SERVICES INTEGRATION SCOPE OF WORK A. SUMMARY: AVI will install a DVLED Video Wall on the East Wall of the Arena in the place where the current scoreboard resides. We have provided pricing for removal and move of current scoreboard to the right of the garage door with electrical provided by others. St. Croix Valley Rec Center will be responsible for a fiber connection from the headend office rack location to the scoreboard for video transmission of HDMI to the display. B. SYSTEM DESCRIPTION: Directview LED Video Board 9' tall x 16' wide -6.67mm SMD-IP67 ingress protection with 9000 Nils of brightness. • Functionality Description : DVLED Display at St. Croix Valley Rec Center Video Wall for owner furnished sources • Displays : o Media Resources 6.67mm SMD Direct View LED Video wall 9' tall x 16' wide • Source Devices: o HDMI connection from Display, connection from Display to rack provided by others • Audio: o Owner Provided • Switch ing : o Video content provided by other and switched via content delivery system • Controls: o Display is always on, will be black screen if no content is being played . • Equipment Location : o Owner furnished data rack and content/software to be run from 3rd party system . o Owner responsible for providing HDMI fiber transmission from office equipment rack to video wall Recommended: AV Pro Edge AC-EXO-444-KIT (OM3 Multimode Fiber) Requires 10G SFP+ Transceiver x 2 B. EXCLUSIONS: The following work is not included in our Scope of Work: • Owner is responsible for protecting the display with an adequate netting to stop projectiles from damaging the display • All conduits, high voltage, wiring panels, breakers, relays, boxes, receptacles, etc. • Concrete saw cutting and/or core drilling • Firewall, ceiling, roof, and floor penetration • Necessary gypsum board replacement and/or repair • Structural support of equipment *AVI Systems is not responsible for building-related vibrations • All millwork (moldings, trim, cutouts, etc.) • Patching and Painting • Permits (unless specifically provided for and identified within the contract) • Unless otherwise stated, the pricing in this agreement does not include prevailing wage or union labor D. CONSTRUCTION CONSIDERATIONS: In order to accomplish the outlined goals of this project, the Customer will be responsible for contracting with an outside entity to make the necessary modifications to the space as directed by AVI Systems. The costs associated with these modifications are not included in this proposal. E. NOTICE: THIS SCOPE OF WORK IS DELIVERED ON THE BASIS OF THE FOLLOWING ASSUMPTIONS: • • • • • • The room(s) match(es) the drawings provided. Site preparation by the Customer and their contractors include electrical and data placement per AVI Systems specification . Site preparation will be verified by AVI Systems project manager or representative before the scheduling of the installation. All work areas should be clean and dust free prior to the beginning of the on-site integration of electronic equipment. Customer communication of readiness will be considered accurate and executable by AVI Systems project manager . In the event of any arrival to the site that AVI Systems is not able to execute work efficiently and definably progress, the Customer will be charged a fee to reimburse AVI Systems for all lost time and inefficiencies . At this time, the Customer will be presented with a Contract Change Order and will/may halt work until acceptance by the Customer and rescheduling of the integration effort is agreed upon. Rescheduling and redeployment of AVI Systems technicians due to unacceptable site preparation may cause scheduling delays of up to 10 business days. There is ready access to the building/facility and the room(s) for equipment and materials. There is secure storage for equipment during a multi-day integration . If Customer furnished equipment and existing cabling are to be used, AVI Systems assumes that these items are in good working condition at this time and will integrate into the designed solution. Any repair, replacement, and/or configuration of these items that may be necessary will be made at an additional cost. All Network configurations, including IP addresses, are to be provided, operational and functional before AVI Systems integration begins . AVI Systems will not be responsible for testing the LAN connections. Printed on January 05, 2024 Page 3 of 4 1225660 • Cable or Satellite drops must be in place with converter boxes operational before the completion of integration. Any delay resulting in extra work caused by the late arrival of these items will result in a change order for time and materials. • Document review/feedback on drawings/correspondence will be completed by the Customer within two business days (unless otherwise noted). • The documented Change Control process will be used to the maximum extent possible -the Customer will have an assigned person with the authority to communicate/approve project Field Directed Change Orders and Contract Change Orders (see Appendix). • In developing a comprehensive proposal for equipment and integration services, AVI Systems' Sales Representatives and Engineering teams must make some assumptions regarding the physical construction of your facility, the availability of technical infrastructure, and site conditions for installation . If any of the conditions we have indicated in the site survey form are incorrect or have changed for your project or project site, please let your Sales representative know as soon as possible. Conditions of the site found during the integration effort, which are different from those documented, may affect the price of the system solution, integration, or services. To ensure that you have an accurate proposal based on your facility and specific to the conditions of your project, please review all project documentation carefully . F. INTEGRATION PROJECT MANAGEMENT PROCESSES AVI Systems will follow a foundational project management process which may include the following actions/deliverables (based on the size/complexity/duration of the integration project): • Site Survey -performed prior to Retail Sales Agreement and attached • Project Welcome Notice -emailed upon receipt of Purchase Order • Project Kick-Off meeting with Customer Representative(s) -either by phone or in-person • Project Status reviews -informal or formal -either by phone or in person (based on the size/complexity/duration of the project) • Project Change Control -comprised of Field Directed Change Order and/or Contract Change Order submittals (see Appendix) • Notice of Substantial Completion (see Appendix) -at Customer walk-through -prior to Service Transition G. KNOWLEDGE TRANSFER (TRAINING) This is geared specifically towards the end-user/ operator. The purpose of this knowledge transfer is to provide operators with the necessary knowledge to confidently and comfortably operate all aspects of the integrated system. Areas covered include the following: • Equipment and system overview • Equipment operation and function • Equipment start-up, stop and shut down • Equipment automatic and manual operation • Discussion and documentation relating to control system operation • Discussion and documentation relating to the system processor and its control applications • Powering up and powering down the AV system via the control system • Manual operation of display systems, audio systems, and all other related components • Use/operation of patch panels, when and where to be used • Whom to call when help is required H. AVI SYSTEMS INTEGRATION SERVICES RESPONSIBILITIES AVI Systems will provide services/work for the project as described above in the Scope of Work or per the attached separate Scope of Work document detailing the scope of work to be performed . • Provide equipment, materials, and service items per the contract products and services detail. • Provide systems equipment integration and supervisory responsibility for the equipment integration. • Provide systems configuration, checkout, and testing. • Provide project timeline schedules. • Provide necessary information, as requested, to the owner or other parties involved with this project to ensure that proper AC electrical power and cableways and/or conduits are provided to properly integrate the equipment within the facilities. • Provide manufacturer-supplied equipment documentation. • Provide final documentation and "as built" system drawings (CAD) -if purchased. • Provide system training following integration to the designated project leader or team. I. CUSTOMER INTEGRATION SERVICES RESPONSIBILITIES • Provide for the construction or modification of the facilities for soundproofing, lighting, electrical, HVAC, structural support of equipment, and decorating as appropriate. Includes installation of any ceiling-mounted projection screen. Provide for the ordering, provisioning, installation, wiring, and verification of any Data Network (LAN, WAN, T1, ISDN, etc.) and Telephone Line (Analog or Digital) equipment and services prior to on-site integration. Provide all necessary cableways and/or conduits required to facilitate AV systems wiring . Provide all necessary conduits, wiring, and devices for technical power to the AV systems equipment. Provide reasonable access of AVI Systems personnel to the facilities during periods of integration, testing, and training, including off hours and weekends. Provide a secure area to house all integration materials and equipment. Provide a project leader who will be available for consultation and meetings. Provide timely review and approval of all documentation (Technical Reports, Drawings, Contracts, etc.). Printed on January 05, 2024 Page 4 of 4 1225660 2/5/24, 1:56 PM St. Croix Valley Recreation Center -Rack & Software SCDAEVISIDn r ti a D0 1.iq Srad·y Comments from Amelia Stull This Sales Quote is confidential and is meant to provide an approximate price estimate. Neither ScoreVision nor the prospective client are legally bound to any information contained within this document. This pricing is not guaranteed in any way and is subject to change based on installation requirements, timeline, accessories, additional Creative Services and Support Services packages, and other adjustments. For exact pricing details, please request a Sales Order from your Regional Sales Director. This pricing does not include: • required data cabling • power upgrades • structure enhancements • 2 person lift • LED Processor ScoreVision needs LED and Processor Specifications to ensure capatability. Products & Services httos://bloq .scorevision.com/NfNTEwsZaPB5S4 1/5 215/24, 1 :56 PM St. Croix Valley Recreation Center -Rack & Software Item & Description ScoreVision Pro 4K Rack ScoreVision Pro 4K Rack (Sc:andard Indoor) (2) iPad Controllers Software Subscription -ScoreVision Cloud Adm in -Integrated Advertising -Scorekeeper Apps: hockey and universal -Producer App -SV Capture App: livestream, highlights, and moments -Fan App -Access to our world-class Support Team, new apps, continuous software updates, and future innovations httos://bloq.scorevision.com/NfNTEwsZaPB5S4 Quantity Unit Price $78,500.00 $6,000.00 /year Total $78,500.00 $6,000.00 I year for l year 2/5 2/5/24, 1 :56 PM St. Croix Valley Recreation Center -Rack & Software Item & Description ScoreVision Engagement Package Creative elements to provide an amazing fan expenence: · Personalized brand wrapper and school spirit banners · (25) QUIX sport animations · (1) Hype Clip Video Animation Template (15-30 second duration) NOTE: ScoreVision will create a personalized hype clip for you if you deliver personalized assets as required for the effort. In order to Fulfill on this, you will receive an email notification from the ScoreVision Creative Team soon after the contract on your project is com- pleted It will provide guidance and suggestions on the deliver- ables that our team will need from you in order to build the hype clip for you This is only a onetime service and deliverable Be aware: there will be a 4-week lead time on delivery of the hype clip after you've delivered the necessary assets. You will have up to a year to provide the content and take advantage of the service. · Player Profile Animations Template+ Video Tutoria l with super simple instructions that teaches you how to create your own excit- ing video accolades to showcase and celebrate your players -Photoshop Wrapper Design Templates: Update the branded backgrounds for your scoreboard displays any time you wish with these art templates. · Media Design Specification Guide(s) and Templates: This is every- thing you need to be able to create you r own artwork for ads and graphic banners that appear in the sequences on your displays · Access to the ScoreVision Creative Library : Get downloads of the latest QUIX animations, video templates, tutorials, and other engagement ma- terials for FREE at any time to refresh the experience you deliver to your fans · ScoreVision Academy Program A. Program Handbook, Learning Lab Tutoria ls, Resource Guides, and Game Script Templates that you can use to infuse Score\/ision into the educational fabric at your school to give your students real world vocational experience with a real world application that pays dividends for your school on many levels · 90-day ad management support httos ://bloa .scorevision .com/NfNTEwsZaPB5S4 Quantity Unit Price $5,00000 Total $5,000.00 3/5 2/5/24, 1 :56 PM St. Croix Valley Recreation Center -Rack & Software Item & Description Quantity Support & Training -Unlimited phone and email support 7 days a week from 8am to 10pm CT -Pre-Installation online one-on-one training -Onsite Training during installation -Unlimited and ongoing online training after installation Installation & Commissioning Installation of ScoreVision Rack Commissioning of Rack and Software 'power, data, any structure upgrades, and 2-person lift NOT included Freight Purchase terms 1 Annual subtotal One-time subtotal Unit Price $0.00 $4,200.00 $7,500.00 Total Total $0.00 $4,200.00 $7,500.00 $6,000.00 $29,200.00 $35,200.00 Quote Terms: 75% due upon signature and 25% remaining balance due upon project completion. State sales tax may be applicable to your invoice. Please notify your sales representative if your institution is tax-exempt. Add Ons {does not include additional installation): (3) Wired LED Locker Room Clocks: $7,200 (home, a w ay, o fficials) httos://bloq .scorev ision.com/NfNTEwsZaPB5S4 4/5 2/5/24, 1 :56 PM Questions? Contact me Amelia Stull Regional Director-Great Lakes amelia.stull@scorevision.com + l 4027079577 ScoreVision 11742 Stonegate Circle Omaha, NE 68164 us httos ://bloq.scorevision.com/NfNTEwsZaPB5S4 St. Croix Valley Recreation Center -Rack & Software 5/5 Retail Sales Agreement Reference Number: 1242377 Prepared For: Stillwater, City of Attn: Doug Brady Prepared By: Isaiah Wallfred Phone:612-559-2395 Email: lsaiah.wallfred@avisystems.com INVOICE TO Attn: Joe Kohlmann Stillwater, City of 216 N. Fourth Street Stillwater, MN 55082 Phone: Email: jkohlmann@ci.stillwater.mn.us Customer Number: SCO006 PRODUCTS AND SERVICES SUMMARY Equipment Integration PRO Support Shipping & Handling Tax Date: February 19, 2024 St. Croix Valley Rec Center -DVLED Video Wall SBC Project: Project Number: AVI Systems Inc. 9675 W 76th St, Eden Prairie, MN 55344 Phone: (952)949-3700 Fax: (952)949-6000 SITE Attn: Doug Brady St. Croix Valley Rec Center 1675 Market Drive Stillwater, MN 55082 Phone: 651-430-2601 Email: dbrady@ci.stillwater.mn.us $63,120.00 $21,900.75 $0.00 $3,571.43 r 1 -10 ~\ $0.00 ~C6t"t,1/j-slo"-\.:::>~ _G_ra_Ft_cl_:r_ot_a_l ____________ $_88_,5_9_2._18 + 35,..l.oo:: ~~ Unless otherwise specified. The prices quoted reflect a discount for a cash payment (i.e., check, wire transfer) made by Customer in full within the time stated for payment on each invoice. Discount only applies to new items included on the invoice, and only applies if the balance on the invoice is paid in full. All returned equipment is subject to a restocking charge. The prices are valid for 15 days and may be locked in by signing this Retail Sales Agreement. Overdue balances are subject to a finance charge of 1.5% per month, or interest at the highest rate permitted by applicable law. In the event AVI must pursue collection of unpaid invoices, Customer agrees to pay all of AVl's costs of collection, including its attorneys' fees. INVOICING AND PAYMENT TERMS Customer and AVI have agreed on the payment method of ACH . Payment must be remitted by stated method. To the extent Customer seeks to use of any payment methods other than stated, and that payment method results in an increased transaction cost to AVI, the new payment must be approved in writing, and the Customer shall be responsible for paying the increased transaction cost to AVI associated with the change in payment method. Payments shall be made 30 days from invoice date. So long as the invoice has been sent and the Customer's payment is made within the terms work will continue. AVI uses progress billing, and invoices for equipment and services allocated to the contract on a monthly basis. Unless otherwise specified, all items quoted (goods and services) as well as applicable out of pocket expenses (permits, licenses, shipping, etc.) are invoiced in summary (including applicable sales taxes due for each category of invoiced items). Printed on February 19, 2024 Page 1 of 6 1242377 Customer is to make payments to the following "Remit to" address: AVI Systems PO Box 842607 Kansas City, MO 64184-2607 Customer must make all payments in the form of bank wire transfers or electronic funds transfers through an automated clearinghouse with electronic remittance detail, in accordance with the payment instructions AVI Systems provides on its invoice to Customer. A monthly summary of detailed equipment received is available upon request. Equipment received may be different than equipment billed based on agreed billing method . TAXES AND DELIVERY Unless stated otherwise in the Products and Services Summary above, AVI will add and include all applicable taxes, permit fees, license fees, and delivery charges to the amount of each invoice. Taxes will be calculated according to the state law(s) in which the product(s) and/or service(s) are provided . Unless Customer provides a valid tax exemption certificate for any tax exemption(s) claimed, AVI shall invoice for and collect all applicable taxes in accordance with state law(s), and Customer will be responsible for seeking a tax credit/refund from the applicable taxing authority. AGREEMENT TO QUOTE AND DOCUMENTS CONSTITUTING YOUR CONTRACT WITH AVI Customer hereby accepts the above quote for goods and/or services from AVI. When duly executed and returned to AVI, AVl's Credit Department will check Customer's credit and approve the terms. After approval by AVl's Credit Department and signature by AVI, this Retail Sales Agreement will, together with the AVI General Terms & Conditions (which can be found at htt p://www.avi system s .comrrermsofSale) form a binding agreement between Customer and AVI. (This Retail Sales Agreement and the AVI General Terms & Conditions of Sale (the T&Cs) are referred to collectively as the Agreement). If not defined in this Agreement, all capitalized terms shall have the meaning given to them in the T&Cs. Should AVl's Credit Department determine at any point prior to AVI commencing work that Customer's credit is not adequate, or should it otherwise disapprove of the commercia I terms, AVI reserves the right to terminate the Agreement without cause and without penalty to AVI. AGREED AND ACCEPTED BY AVI Systems, Inc. Company Company Signature Signature Printed Name Printed Name Date Date CONFIDENTIAL INFORMATION The company listed in the "Prepared For" line has requested this confidential price quotation, and shall be deemed "Confidential Information" as that term is defined in the T&Cs . This information and document is confidential and is intended solely for the private use of the customer identified above. Customer agrees it will not disseminate copies of this quote to any third party without the prior written consent of AVI. Sharing a copy of this quote, or any portion of the Agreement with any competitor of AVI is a violation of this confidentiality provision . If you are not the intended recipient of this quote (i .e., the customer), you are not properly in possession of this document and you should immediately destroy all copies of it. PRODUCTS AND SERVICES DETAIL PRODUCTS: Mfg SBC Descripti on .Q!Y Price SBC Diamond 250 Series P4.8MM Size: 4500MMx2500MM DVLED OutDoor 1 $63,120.00 Rated, 5 year warranty Ice Arena Integration Printed on February 19. 2024 Page 2 of6 Extended $63,120.00 1242377 Meetings Engineering & Drawings Project Management On Site Integration Sub-Total: Ice Arena Integration Printed on February 19, 2024 $21,900.75 $85,020.75 Page 3 of6 1242377 SERVICES TO BE PROVIDED INTEGRATION SERVICES INTEGRATION SCOPE OF WORK A. SUMMARY: AVI will install a DVLED Video Wall on the East Wall of the Arena in the place where the current scoreboard resides . We have provided pricing for removal and move of current scoreboard to the right of the garage door with electrical provided by others. St. Croix Valley Rec Center will be responsible for a fiber connection from the headend office rack location to the scoreboard for video transmission of HDMI to the display . B. SYSTEM DESCRIPTION: Directview LED Video Board SBC Diamond outdoor rated display -4500mm x 2500mm (14.76ft wide x 8.2ft tall) -4.8mm pixel pitch • Functiona lity Description: DVLED Display at St Croix Valley Rec Center Video Wall for owner furnished sources • Disp lays : o SBC Diamond 4.8mm pixel pitch -4500mm Wide x 2500mm Tall (14 76ft wide x 8.2ft tall) • Source Devices: o HDMI connection from Display, fiber connection HDMI Tx/Rx from Display to rack provided by owner prior to installation • Audio: o Owner Provided • Switch ing : o Video content provided by other and switched via content delivery system • Controls: o Display is always on, will be black screen if no content is being played . • Equ ipment Location : o Owner furnished data rack and content to be run from 3rd party system . o Owner responsible for providing HDMI fiber transmission from office equipment rack to video wall • Recommended: AV Pro Edge AC-EXO-444-KIT (OM3 Multimode Fiber) • Requires 10G SFP+ Transceiver x 2 B. EXCLUSIONS: The following work is not included in our Scope of Work: • Owner is responsible for protecting the display with an adequate netting to stop projectiles from damaging the display • All conduits, high voltage, wiring panels, breakers, relays, boxes, receptacles, etc. • Concrete saw cutting and/or core drilling • Firewall, ceiling, roof, and floor penetration • Necessary gypsum board replacement and/or repair • Structural support of equipment *AVI Systems is not responsible for building-related vibrations • All millwork (moldings, trim, cutouts, etc.) • Patching and Painting • Permits (unless specifically provided for and identified within the contract) • Unless otherwise stated, the pricing in this agreement does not include prevailing wage or union labor D. CONSTRUCTION CONSIDERATIONS: In order to accomplish the outlined goals of this project, the Customer will be responsible for contracting with an outside entity to make the necessary modifications to the space as directed by AVI Systems. The costs associated with these modifications are not included in this proposa l. E. NOTICE: THIS SCOPE OF WORK IS DELIVERED ON THE BASIS OF THE FOLLOWING ASSUMPTIONS: • The room(s) match(es) the drawings provided . • Site preparation by the Customer and their contractors include electrical and data placement per AVI Systems specification. • Site preparation will be verified by AVI Systems project manager or representative before the scheduling of the installation. All work areas should be clean and dust free prior to the beginning of the on-site integration of electronic equipment. • Customer communication of readiness will be considered accurate and executable by AVI Systems project manager. • In the event of any arrival to the site that AVI Systems is not able to execute work efficiently and definably progress, the Customer will be charged a fee to reimburse AVI Systems for all lost time and inefficiencies. At this time, the Customer wil I be presented with a Contract Change Order and will/may halt work until acceptance by the Customer and rescheduling of the integration effort is agreed upon. • Rescheduling and redeployment of AVI Systems technicians due to unacceptable site preparation may cause scheduling delays of up to 1 O business days. • There is ready access to the building/facility and the room(s) for equipment and materials . • There is secure storage for equipment during a multi-day integration. • If Customer furnished equipment and existing cabling are to be used, AVI Systems assumes that these items are in good working condition at this time and will integrate into the designed solution. Any repair, replacement, and/or configuration of these items that may be necessary will be made at an additional cost. Printed on February 19, 2024 Page 4 of6 1242377 • All Network configurations, including IP addresses, are to be provided, operational and functional before AVI Systems integration begins. AVI Systems will not be responsible for testing the LAN connections. • Cable or Satellite drops must be in place with converter boxes operational before the completion of integration. Any delay resulting in extra work caused by the late arrival of these items will result in a change order for time and materials. • Document review/feedback on drawings/correspondence will be completed by the Customer within two business days (unless otherwise noted). • The documented Change Control process will be used to the maximum extent possible -the Customer will have an assigned person with the authority to communicate/approve project Field Directed Change Orders and Contract Change Orders (see Appendix). • In developing a comprehensive proposal for equipment and integration services, AVI Systems' Sales Representatives and Engineering teams must make some assumptions regarding the physical construction of your facility, the availability of technical infrastructure, and site conditions for installation. If any of the conditions we have indicated in the site survey form are incorrect or have changed for your project or project site, please let your Sales representative know as soon as possible. Conditions of the site found during the integration effort, which are different from those documented, may affect the price of the system solution, integration, or services . To ensure that you have an accurate proposal based on your facility and specific to the conditions of your project, please review all project documentation carefully. F. INTEGRATION PROJECT MANAGEMENT PROCESSES AVI Systems will follow a foundational project management process which may include the following actions/deliverables (based on the size/complexity/duration of the integration project): • Site Survey -performed prior to Retail Sales Agreement and attached • Project Welcome Notice -emailed upon receipt of Purchase Order • Project Kick-Off meeting with Customer Representative(s) -either by phone or in-person • Project Status reviews -informal or formal -either by phone or in person (based on the size/complexity/duration of the project) • Project Change Control -comprised of Field Directed Change Order and/or Contract Change Order submittals (see Appendix) • Notice of Substantial Completion (see Appendix) -at Customer walk-through -prior to Service Transition G. KNOWLEDGE TRANSFER (TRAINING) This is geared specifically towards the end-user/ operator. The purpose of this knowledge transfer is to provide operators with the necessary knowledge to confidently and comfortably operate all aspects of the integrated system . Areas covered include the following: • Equipment and system overview • Equipment operation and function • Equipment start-up, stop and shut down • Equipment automatic and manual operation • Discussion and documentation relating to control system operation • Discussion and documentation relating to the system processor and its control applications • Powering up and powering down the AV system via the control system • Manual operation of display systems, audio systems, and all other related components • Use/operation of patch panels, when and where to be used • Whom to call when help is required H. AVI SYSTEMS INTEGRATION SERVICES RESPONSIBILITIES AVI Systems will provide services/work for the project as described above in the Scope of Work or per the attached separate Scope of Work document detailing the scope of work to be performed. • Provide equipment, materials, and service items per the contract products and services detail. • Provide systems equipment integration and supervisory responsibility for the equipment integration. • Provide systems configuration, checkout, and testing . • Provide project timeline schedules. • Provide necessary information, as requested, to the owner or other parties involved with this project to ensure that proper AC electrical power and cableways and/or conduits are provided to properly integrate the equipment within the facilities . • Provide manufacturer-supplied equipment documentation. • Provide final documentation and "as built" system drawings (CAD) -if purchased. • Provide system training following integration to the designated project leader or team. I. CUSTOMER INTEGRATION SERVICES RESPONSIBILITIES • • • Provide for the construction or modification of the facilities for soundproofing, lighting, electrical, HVAC, structural support of equipment, and decorating as appropriate. Includes installation of any ceiling-mounted projection screen. Provide for the ordering, provisioning, installation, wiring, and verification of any Data Network (LAN, WAN, T1, ISDN, etc.) and Telephone Line (Analog or Digital) equipment and services prior to on-site integration. Provide all necessary cableways and/or conduits required to facilitate AV systems wiring . Provide all necessary conduits, wiring, and devices for technical power to the AV systems equipment. Provide reasonable access of AVI Systems personnel to the facilities during periods of integration, testing, and training, including off hours and weekends. Provide a secure area to house all integration materials and equipment. Provide a project leader who will be available for consultation and meetings. Provide timely review and approval of all documentation (Technical Reports, Drawings, Contracts, etc.). Printed on February 19, 2024 Page 5 of6 1242377 ENGINEERING SERVICES ENGINEERING SCOPE OF WORK ENGINEERING SERVICES TO BE PROVIDED AVI Systems will work with the Customer and any related design professionals selected (architects, engineers, etc.) to provide initial and ongoing audiovisual systems design and engineering support for this project. AVI Systems strongly encourages the fostering of a truly open, cooperative "design team" approach, with team members bringing unique, valuable insight from their special perspective to the team. The goal of these services is as follows: • Understand clearly the current and future AV needs of the Customer. • Provide accurate construction documents for the implementation of the AV-related infrastructure. • Provide an overall AV plan that will allow for the procurement of appropriate AV equipment and installation, complete with system diagrams, ensuring correct integration of the equipment. • Compile the data gathered during the engineering process into an Integration Agreement for a turnkey installation of all AV systems, with the added value of a seamless integration process. The Design Process can be modified at any time per the direction of the Customer -otherwise, it shall follow this general outline: AV Program Review/ Verification -The AVI Systems design team will obtain from the Customer the operational specifications desired for the audio and video systems within the designated facility. Additional facility information will be required, including the building's electrical and structural infrastructure, as well as the physical sizes of each room or space. Using compatible AutoCAD drawings, the integration of desired AV systems within available spaces will be visualized. During this initial design phase, various equipment options, with an eye toward future expandability while maintaining current value, will be suggested. Budget Verification -The AVI Systems design team will create a project scope compiled from the information received from the Customer. AVI Systems will generate cost estimates for the various systems as outlined above and compare these budget estimates to any initial AV budgets. This process will reaffirm the exact direction that engineering resources should target in the next phase. Initial Design -During this phase, AVI Systems will begin applying the above-defined systems in· detail to the various areas of the Customer facility. Further communications between the Customer and the other design team members, as various options are explored, will be necessary at this time. Typical deliverables from this phase would include the following drawings and/or documents. • Preliminary AV Floor Plan and Elevations detailing locations of all AV devices • Preliminary Projection Geometry detailing projection/screen locations with viewing angles, mounting details, etc. • Preliminary AV Technical Power, Conduit Plans, and Riser Drawings • Preliminary AV Video Flow • Preliminary AV Audio Flow • Preliminary AV Control Flow • Preliminary AV Rack Layouts • Preliminary Equipment Lists • Preliminary Budget Estimates Submittal of the above for the various rooms will be a progressive process, with most critical drawings being submitted first, allowing construction details to be available on an as-needed basis. During this process (modifications to the preliminary plans, due to a variety of considerations: architectural/aesthetic considerations, budget reviews, etc.), electronic exchange of AutoCAD drawings between all the team members will facilitate a quick exchange of updates. Specific design freeze dates will be established with all parties to facilitate timely submittals and help manage the Customer's end cost. All changes are to be reviewed and approved by all parties. Final Systems Design -The changes made in the previous phase to the preliminary designs will be updated and regenerated as "final" construction documents. AVI Systems will typically work from background drawings from an architect under contract to the Customer, entering AV-specific data and returning these back to the architect (or other Customer retained design professional) for integration into final construction documents. Project Specifications Document -The final audiovisual systems designs will be compiled into a written project technical specifications document with equipment lists and any pricing not already included in the quote for complete integration. This document will include the following system diagrams and documents. • AV Floor Plan and Elevations detailing locations of AV devices • AV Video Flow • AV Audio Flow • AV Control Flow • Equipment lists as specified • System infrastructure requirements, including cable and termination specifications • System operational and post-operational requirements • Project Scope of Work • Project costs • Project Integration Agreement Printed on February 19, 2024 Page 6 of6 1242377 2/5/24, 1 :56 PM St. Croix Valley Recreation Center -Rack & Software SCDREVISIDn r I are St. Croix Valley Recreation Center Doug Brady Comments from Amelia Stull e r r .. a This Sales Quote is confidential and is meant to provide an approximate price estimate. Neither ScoreVision nor the prospective client are legally bound to any information contained within this document. This pricing is not guaranteed in any way and is subject to change based on installation requirements, timeline, accessories, additional Creative Services and Support Services packages, and other adjustments. For exact pricing details, please request a Sales Order from your Regional Sales Director. This pricing does not include: • required data cabling • power upgrades • structure enhancements • 2 person lift • LED Processor ScoreVision needs LED and Processor Specifications to ensure capatability. Products & Services httos :((bloq.scorevision.com/NfNTEwsZaPB5S4 1/5 215/24 , 1 :56 PM St. Croix Valley Recreation Center -Rack & Software Item & Description ScoreVision Pro 4K Rack ScoreVision Pro 4K Rack (Standard Indoor) (2) iPad Controllers Software Subscription -ScoreVision Cloud Ad min -Integrated Advertising -Scorekeeper Apps: hockey and universal -Producer App -SV Capture App: livestream, highlights, and moments -Fan App -Access to our world-class Support Team, new apps, continuous software updates, and future innovations httos ://bloq.scorevision.com/NfNTEwsZaPB5S4 Quantity Unit Price $18,500.00 $6,000.00 /year Total $18,500.00 $6,000.00 I year for l year 215 2/5/24, 1 :56 PM St. Croix Valley Recreation Center -Rack & Software Item & Description ScoreVision Engagement Package Creative elements to provide an amazing fan experience: · Personalized brand wrapper and school spirit banners · (25) QUIX sport animations · (l) Hype Clip Video Animation Template {15-30 second duration) NOTE: ScoreVision will create a personalized hype clip for you if you del iver personal ized assets as required for the effort. In order to fulfill on this, you will receive an email notification from the ScoreVision Creative Team soon after the contract on your project is com- pleted . It will provide guidance and suggestions on the deliver- ables that our team will need from you in order to build the hype clip for you . This is only a onetime service and deliverable Be aware: there will be a 4 -week lead time on delivery of the hype clip after you've delivered the necessary assets. You will have up to a year to provide the content and take advantage of the service. · Player Profile Animations Template+ Video Tutorial with super simple instructions that teaches you how to create your own excit- ing video accolades to showcase and celebrate your players. • Photoshop Wrapper Design Templates: Update the branded backgrounds for your scoreboard displays any time you wish with these art templates. · Media Design Specification Guide(s) and Templates: This is every- thing you need to be able to create your own artwork for ads and graphic banners that appear in the sequences on your displays · Access to the ScoreVision Creative Library: Get downloads of the latest QUIX animations, video templates, tutorials, and other engagement ma- terials for FREE at any time to refresh the experience you deliver to your fans · ScoreVision Academy Program: A Program Handbook, Learning Lab Tutorials, Resource Guides, and Game Script Templates that you can use to infuse ScoreVision into the educational fabric at your school to give your students real world vocational experience with a real world application that pays dividends for your school on many levels. • 90-day ad management support httos ://bloQ .scorevision .com/NfNTEwsZaPB5S4 Quantity Unit Price $5,000.00 Total $5,000.00 3/5 2/5/24, 1 :56 PM St. Croix Valley Recre ation Center -Rack & Software Item & Description Quantity Support & Training -Unlimited phone and email support 7 days a week from Barn to 10pm CT -Pre-Installation onl i ne one-on-one training -Onsite Training during installation -Unlimited and ongoing online training after installation Installation & Commissioning Installation of ScoreVision Rack Commissioning of Rack and Software •power, data, any structure upgrades, and 2-person lift NOT included Freight Purchase terms Annual subtotal One-time subtotal Unit Price $0.00 $4,200.00 $1,500.00 Total Total $0.00 $4,200.00 $1,500.00 $6,000.00 $29,200.00 $35,200.00 Quote Terms: 75% due upon signature and 25% remaining balance due upon project completion. State sales tax may be applicable to your invoice. Please notify your sales representative if your institution is tax-exempt. Add Ons (does not include additional installation}: (3) Wired LED Locker Room Cl oc ks: $1,200 (home, away, officia ls) httos://bloa.scorevision.com/NfNTEwsZaPB5S4 4/5 2/5/24, 1 :56 PM Questions? Contact me Amelia Stull Regional Director-Great Lakes amelia.stull@scorevision.com + l 4027079577 ScoreVision 11742 Stonegate Circle Omaha, NE 68164 us https ://bloci .scorevision.com/NfNTEwsZaPB5S4 St Croix Valley Recreation Center -Rack & Software 5/5 LEGACY Production Group Client St. Croix Valley Recreation 1675 Market Dr. Stillwater, MN 55082 Finished Goods and Parts Venue SCVR-LED Video Quote Status: Inquiry Quote Number: 23-1539 Account Manager: Tony Mahmood Customer PO: Terms: In Advance Tax: Tax Exempt (ST3) Shipping: Best Way Quote Date: 12/19/2023 Valid Until: 1/31/2024 Description Qty Time Rate Price Total Martin VDO HB 5 LED Panels 50 LED Panels P3-275 LED Processor Needed to operate LED Wall VDO Double Headers 5 Needed to hang LED panels VMix Diamond Configuration include PC with VMix Software vMix Stream and Recording Live Production -Diamond Configuration PRO version, software pre-installed/licensed Includes full-size USB mouse and keyboard Capture Card: 2x Decklink 8K Pro and 2x Declink HDMI 4K Recorder 4K + 8 Camera Replay Camera Inputs: 6 (4K) or 24 (HD) Streaming: 2160p (4K) or 1080p up to 75Mbps Multi Bitrate SD+ HD NOi: 4 (4K) or 8 (HD) Total Inputs: 15 (4K) or 80 (HD) Recording: 2160p (4K) 75Mbps MP4 Instant Replay: 8 Cameras HD 1080p (2 Cameras 4K 2160p) CM 1 Ton 3Ph Motor Complete 2 Chain Motors Motor Control System (Install Version) 1.2M True 1 Power Cable Cable to jump power for LED Panels 1.2M Data Cable Cat6 Ethercon Cable used to jump data for LED Panels C7 1 O' Motor Cable Control cable from motor to C7 Connection 12 x 12 Black Truss 10' Truss to attach video wall to 3 Ton Beam Clamps Fits Flange width 3"-12" GAC Flex Steelflex Round Sling Shackle Black 5/8" 19 Pin Panel Mount Female Connector Multi Cable 50' True 1 Breakout Cable Staggered Legacy Production Group, LLC 6521 James Ave N Brooklyn Center, MN 55430 612 .568 1213 50 50 2 2 2 2 2 12/20/2023 1 :08 PM Page 1 of2 Finished Goods and Parts I. Misc Install items Cat 6 Ethernet Cable White 1000' Install Technician 12/19/2023 9:00 AM -1 :00 PM Project Totals Notes Wiring of motor control system done by others, does not include any conduit or wire for conduit Need a total of 3 208v Circuits for LED wall, or 5 circuits at 120v Installed by others Legacy Production Group, LLC 6521 James Ave N Brooklyn Center, MN 55430 612 .568 1213 12/20/2023 1:08 PM 2 2 SCVR-LED Video Finished Goods and Parts Total: Subtotal: Subtotal w/ Discount: Sales Tax: Total: Total Applied Payments: Balance Due: $107,128.42 $107,128.42 $107,128.42 $0.00 $107,128.42 $0.00 $107,128.42 Page 2 of2 LEGACY Production Group Client St. Croix Valley Recreation Doug Brady 1675 Market Dr. Stillwater, MN 55082 Mobile: 651-592-0031 Email: recctr@ci.stillwater.mn.us Finished Goods and Parts Venue St. Croix Valley Recreation 1675 Market Dr. Stillwater, MN 55082 SCVR-LED Video ROE URC 6.6 Quote Status: Inquiry Quote Number: 24-0134 Account Manager: Tony Mahmood Customer PO: Terms: 50/50 Tax: Tax Exempt (ST3) Shipping: Best Way Quote Date: 1/4/2024 Valid Until: 2/4/2024 Description · Qty Time· Rate Price Total ROE URC 6.6 LED PANEL LED Panels BROMPTON SX8 Needed to operate LED Wall CUSTOM INSTALL FRAME FOR URC 6.6 VMix Diamond Configuration include PC with VMix Software vMix Stream and Recording Live Production -Diamond Configuration PRO version, software pre-installed/licensed Includes full-size USB mouse and keyboard Capture Card: 2x Decklink 8K Pro and 2x Declink HDMI 4K Recorder 4K + 8 Camera Replay Camera Inputs: 6 (4K) or 24 (HD) Streaming: 2160p (4K) or 1080p up to 75Mbps Multi Bitrate SD+ HD NDI: 4 (4K) or 8 (HD) Total Inputs: 15 (4K) or 80 (HD) Recording: 2160p (4K) 75Mbps MP4 Instant Replay: 8 Cameras HD 1080p (2 Cameras 4K 2160p) 1.2M True 1 Power Cable Cable to jump power for LED Panels 1.2M Data Cable Cat6 Ethercon Cable used to jump data for LED Panels Misc Install items Cat 6 Ethernet Cable White 1000' BELDEN BNC CABLE WHITE 1000' Install Technician 1/3/2024 9:00 AM -1 :00 PM Legacy Production Group, LLC 6521 James Ave N Brooklyn Center, MN 55430 612 568 1213 1/4/2024 2:20 PM 15 15 15 3 2 Finished Goods and Parts Total: $98,823.40 Page 1 of 2 Project Totals Notes 8 CAT6A CABLE NEEED TO RUN FROM RACK AT MID BUILDING TO WALL INSTALL LOCATION CABLE SUPPLIED BY LPG ESTIMATED POWER CONSUMPTION MAX 9750W Legacy Production Group, LLC 6521 James Ave N Brooklyn Center, MN 55430 612.568 .1213 1/4/2024 2:20 PM SCVR-LED Video ROE URC 6.6 Subtotal: Subtotal w/ Discount: Sales Tax: Total: Total Applied Payments: Balance Due: $98,823.40 $98,823.40 $0.00 $98,823.40 $0.00 $98,823.40 Page 2 of 2 DATE: February 28, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Temporary Liquor License for Ascension Church BACKGROUND The Ascension Church applied for a Temporary On-Sale Liquor License to be used at their facility located at 215 N. 4th Street on March 30, 2024. RECOMMENDATION Staff recommends approval contingent upon approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve a Temporary On-Sale Liquor License to Ascension Church for March 30, 2024 contingent upon AGED approval. DATE: February 27, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Tobacco License for Stillwater County Club Inc. dba Stillwater County Club     BACKGROUND Stillwater County Club is interested in adding a Tobacco license so they can sell cigars to smoke on the property at 1421 4th Street N. An application has been received and background investigation was successfully completed with their liquor license renewal. RECOMMENDATION Staff recommends approval contingent upon the satisfactory submital of application materials. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion adopting a resolution approving the new tobacco license contingent upon the satisfactory investigations and inspections from Police, Fire, Building, Planning and Finance Departments. llwater The Birthplace of Minnesota ~ ) City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX APPROVING NEW TOBACCO LICENSES FOR STILLWATER COUNTY CLUB INC. DBA STILLWATER COUNTY CLUB WHEREAS, a request for a new tobacco license has been received from Stillwater County Club Inc. dba Stillwater County Club located at 1421 4th Street North; and WHEREAS, approval is contingent upon fulfilling all requirements to hold a Tobacco license, the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Planning and Finance Departments. NOW THEREFORE, BE IT RESOLVED that the Stillwater County Club Inc. dba Stillwater County Club located at 1421 4th Street North, Stillwater, MN. Adopted by the Stillwater City Council the 6th day of March, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DATE: March 6th, 2024 TO: Honorable Mayor and City Council FROM: Andrew Coyne, Natural Resources Technician SUBJECT: Renewal of Emerald Ash Borer (EAB) Bulk Discount Treatment Program + Addition of Oak and Elm Treatments DISCUSSION Emerald ash borer (EAB), a non-native insect that has been shown to cause nearly 100% mortality in native ash trees, was first discovered in Stillwater in 2018. To aid in the preservation of Stillwater’s ash trees, bids were sought for an EAB treatment bulk discount program. Stillwater entered into agreement with Rainbow Treecare from 2020- 2021, and renewed the contract for 2022 -2023. The 2024-2025 proposal offers an expanded treatment program with discounted treatment options for Dutch Elm Disease, as well as two current threats to Stillwater’s oak trees: Oak Wilt, and Two -Lined Chestnut Borer. The proposal offers flat rate costs for both the City to treat ash, elm and oak trees on public property, as well as for residents to treat ash, elm and oak trees on private property. As part of the agreement, Rainbow Treecare will also assist in outreach by mailing a postcard to all residences in Stillwater to notify households of the expanded treatment program. The annual budget for ash tree treatments is $10,000. In 2022, the city spent $3491 on ash treatments. In 2023, the city spent $2675 on ash treatments. In 2024, the city expects to spend approximately $3500 on ash tree treatments, and an additional $1500 on treatments to protect the city’s most valuable mature oak trees. RECOMMENDATION Staff recommends that Council authorize the approval of the proposed Shade Tree bulk discount injection treatment program. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion to adopt the proposed Shade Tree bulk discount injection treatment program and enter into agreement with Rainbow Treecare. cStillwater -~ ........ , ., .... ~~ AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (“Agreement”) is made effective January_____, 2024, (“Effective Date”) by and between the City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota 55082 (the "City") and Rainbow Treecare (the "Contractor") whose business address is 11571 K-Tel Dr., Minnetonka, MN 55343. PRELIMINARY STATEMENT The purpose of this Agreement is to set forth the terms and conditions for the provision of certain professional tree care services by the Contractor to the City. The City and the Contractor agree as follows: 1. Contractor's Services. The Contractor agrees to provide professional tree care services as described in Attachment A—Scope of Services and made a part of this Agreement ("the Work"). If there is any conflict between the language of this document and the language of Attachment A, the language of this document prevails. 2. Project Manager and Staffing. The Contractor has designated Ryan Spencer to be the project superintendent for the Work. This person may be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms of this Agreement. The Contractor may not remove or replace the designated project superintendent without the City's prior approval. 3. Time for Performance of Services. The Contractor must perform the Work within the timeframe set forth in Attachment A - Scope of Services. Neither City nor Contractor shall be considered in default of this Agreement for a delay in performance due to any cause beyond the reasonable control of the nonperforming party, such as strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of by either party, the time for performance will be extended by the period of time lost by reason of the delay. If such circumstances occur, the nonperforming party shall, within a reasonable time of being preventing from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 4. Compensation for Services. Contractor shall be paid for the Work in the manner described in Attachment A - Scope of Services. Any changes in the scope of the Work that may result in an increase to the compensation due the Contractor shall require prior written approval by the City. The City will not pay additional compensation for any services performed under this Agreement that does not have prior written authorization. 5. Method of Payment. The Contractor must submit an itemized invoice for Work provided to the owner of the property on which the services are provided. Invoices submitted for Work provided to the City will be paid in the same manner as other invoices submitted to the City. The Contractor must verify all statements submitted to the City for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. 6. Audit Disclosure. The Contractor must allow the City or its duly authorized agents reasonable access to the Contractor's books and records that are pertinent to all Work provided to the City under this Agreement, including books and records of any approved subcontractors, for six years after the Effective Date of this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Contractor and its subcontractors under this Agreement which the City requests to be kept confidential must not be made available to any individual or organization without the City's prior written approval. 7. Data Privacy and Security. The Contractor will take all reasonable and prudent measures to ensure the security of all data that it handles in connection with the Work. The Contractor agrees to comply with the applicable provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the City any requests from third parties for information relating to this Agreement. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. 8. Document Ownership. All finished or unfinished documents, data, and reports prepared by the Contractor related to Work for the City will become the property of the City upon termination of this Agreement, but Contractor may retain copies of such documents as records of the Work provided. Except to the extent that Minnesota Statutes Chapter 466 limits the City's liability, the City agrees to defend and indemnify the Contractor for any claims or losses resulting from the City's use of such documents not contemplated by the parties at the time of the preparation. 9. Term. The term of this Agreement is from the Effective Date through December 31, 2025, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional periods as they deem appropriate, and upon the terms and conditions as stated in this Agreement. 10. Termination. This Agreement may be terminated by either party by thirty days advance written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no default by the Contractor, the Contractor will be paid for Work rendered and reimbursable expenses hereunder until the effective date of termination. If, however, the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment will be made to the Contractor, and the City may retain another contractor to undertake or complete the Work. 11. Subcontractor. The Contractor may not enter into subcontracts for the Work provided in this Agreement without the express prior written consent of the City. The Contractor agrees to pay any subcontractor within ten days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1.5% per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For any unpaid balance of less than $100, the Contractor must pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. This paragraph is inserted in this Agreement pursuant to Minn. Stat. §471.425, Subd. 4a. 12. Independent Contractor. At all times and for all purposes under this Agreement, the Contractor, its officers, agents and employees, are independent contractors and not an employee of the City. No statement in this Agreement may be construed to find the Contractor an employee of the City. 13. Assignment. Neither party may assign this Agreement without the written consent of the other party. 14. Services not Provided For. No claim for services furnished by the Contractor not specifically provided for in this Agreement will be honored by the City or its residents. 15. Severability. The provisions of this Agreement are severable. If any term or provision of this Agreement is found to be void or invalid by a court of competent jurisdiction, that decision will not affect the remaining provisions of the Agreement, which shall continue in full force and effect. 16. Entire Agreement. The entire agreement of the parties is contained in this Agreement. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement as well as any previous agreements presently in effect between the parties relating to the same subject matter. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and signed by the parties, unless otherwise provided in this Agreement. The residents and property owners of the City who are provided Work under the terms of this Agreement are third party beneficiaries and shall have all of the rights afforded to the City hereunder related to such Work. 17. Compliance with Laws and Regulations. In providing services under this Agreement, the Contractor must abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided. Any violation constitutes a material breach of this Agreement and entitles the City to immediately terminate this Agreement. 18. Equal Opportunity. The Contractor agrees that during the term of this Agreement not to discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age. This Agreement may be cancelled or terminated by the City, and all compensation due or to become due hereunder may be forfeited, for a second or subsequent violation of the terms and conditions of this paragraph. The Contractor must post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor must incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 19. Waiver. Any waiver by either party of a breach of any provisions of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 20. Indemnification. Contractor agrees to defend, indemnify and hold the City, its officers and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Contractor, its agents, employees, or subcontractors in the performance of the Work and against all losses by reason of the failure of the Contractor fully to perform, in any respect, all obligations under this Agreement. 21. Insurance. During the term of this Agreement, Contractor must maintain the following insurance and furnish a certificate of insurance to the City. The certificate must specifically state and verify that the contractor has the required insurance coverage: 1. Worker's Compensation Insurance a. Statutory Compensation Coverage b. Coverage B - Employers Liability with limits of not less than: $100,000 Bodily Injury by Disease per Employee $500,000 Bodily Injury by Disease Aggregate $100,000 Bodily Injury by Accident 2. Automobile Liability Insurance a. Minimum Limits of Liability: $1,000,000 - Per Occurrence- Bodily Injury and Property Damage Combined Single Limit. b. Coverages: X Owned Automobile X Non-owned Automobile X Hired Automobile 3. General Liability Insurance a. Minimum Limits of Liability: $1,000,000 - Per Occurrence $2,000,000 - Annual Aggregate $2,000,000 - Annual Aggregate applying to Products/Completed Operations b. Coverages: X Premises and Operations Bodily Injury and Property Damage X Personal &Advertising Injury X Blanket Contractual X Products and Completed Operations X Other; if applicable, please list: X City of Stillwater is named as Additional Insured The Contractor must obtain insurance policy(ies) from insurance companies having an "AM Best" rating of A-(minus), Financial Size Category of VII or better, and be authorized to do business in the State of Minnesota. An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor's policy limits to satisfy the full policy limits required by the Agreement. The Contractor and authorized insurance representatives must maintain coverage in these amounts during the term of the Agreement and notify the City thirty (30) days before the required insurance is cancelled or changed. The insurance policies must name the City as an additional insured for the services provided under this Agreement and must provide that the Contractor's coverage will be the primary coverage in the event of a loss. A certificate of insurance on the City’s approved form that verifies the existence of these insurance coverages must be provided to the City before work under this Agreement is begun. Any policy deductibles or retention shall be the responsibility of the Contractor. No deductible greater than $50,000 is allowed on any required insurance policy without prior approval of the City. 22. Governing Law. This Agreement will be controlled by the laws of the State of Minnesota and any action must be venued in Washington County District Court. 23. Attachments A. Scope of Services B. Pricing SIGNATURES City of Stillwater By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date:_______________________ Contractor By: Name: Title: Ryan Spencer Municipal Consulting Arborist Attachment A—Scope of Services Tree Injection Labor Services to the City of Stillwater Project Understanding Tree pests and diseases threaten the urban forest. Infested and diseased trees require expensive removals to protect neighboring trees and prevent the dead trees from becoming hazardous to people and property. Keeping mature trees alive through preventive or therapeutic tree treatments can preserve trees in the urban forest and maintain the social, environmental, and economic benefits they provide. As the City of Stillwater aims to preserve its mature trees, they have agreed to enter into an Agreement with Rainbow Treecare to provide tree injection services for ash, oak, and elm trees (“tree injections” or the “Work”) on City-owned property as well as providing an outreach and discount program for homeowners. Project Goals • Protect ash, oak, and elm trees growing within the City of Stillwater. Project Area Area 1 - City property Trees on City property identified by the City as trees to receive injection treatments. All tree injections must be completed between May 15th and October 31st, or before fall leaf color, whichever occurs sooner.  All invoices will be remitted to the City of Stillwater “City” and itemized by unique number assigned to each tree  Prices will be based on a “per inch” cost as outlined in Attachment B Area 2 - Private property Homeowners will contact Rainbow Treecare directly to initiate an inspection, receive a quote and provide permission to perform the Work. The City will not be a party to any contract between the private owner and Rainbow Treecare. Any agreement with the private owner and the Rainbow Treecare shall be subject to the following terms:  The Contractor will inspect the trees on private property and determine whether they are appropriate for treatment;  All tree injections must be completed between May 15th and October 31st of each year or before fall leaf color, whichever occurs sooner;  Any variances in dates must be approved by the City;  Prices will be based on a “per inch” cost as outlined in Attachment B;  All invoices will be remitted to the homeowner. Area 3 – Unscheduled Public Property With approval from the City, residents may hire Rainbow Treecare to treat trees growing on public property (Right-of-way) which are not being treated by the City. In the event that such treatment is undertaken, this circumstance shall meet the requirements of Area 2. Rainbow Treecare Qualifications Founded in 1976, Rainbow Treecare (RTC) has built a reputation on a solid commitment to the science of tree care and is uniquely positioned to offer the most comprehensive tree protection services in the state. A pioneer of Dutch elm disease protection since 1976 and emerald ash borer protection since 2004, RTC has been working on a national level to develop cost-effective management solutions for EAB. With the most International Society of Arboriculture (ISA) Certified Arborists, Board-Certified Master Arborists, and members of the American Society of Consulting Arborists in Minnesota, no other company can offer the depth of skill, experience, and knowledge of tree pest and pathogen issues. Indemnification Rainbow Treecare shall indemnify and hold harmless the City and its employees, and its residents and property owners from and against all claims, damages, losses and expenses including attorney’s fees, arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is: (a) Attributable to bodily injury, sickness, disease or death, or to injury to, or destruction of tangible property including the loss of use resulting there from, and (b) Caused in whole or in part by any negligent or wrongful act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them for whose acts any of them may be liable. The Project Team Contract Supervisor: Ryan Spencer, ISA Certified Arborist MN-4926A, will act as the Contract Supervisor for this Project. Mr. Spencer, Rainbow Treecare’s Municipal Consulting Arborist, has a bachelor’s degree in Environmental Sciences, Policy, and Management from the University of Minnesota and brings five years of arboriculture and client service experience. As a dedicated full-time employee focused on municipal and governmental forestry, Mr. Spencer is available to quickly respond to any issues that might arise throughout the term of the Agreement. Technicians: All treatment technicians for the Work performed under the Agreement will be drawn from the production staff at RTC and will serve the City of Stillwater “City” with a commitment to the highest level of customer service during the protection of trees located within the City. Equipment and Treatment Specifications Safety Standards: Contractor will use work methods, safety procedures and personal protective equipment conforming to all ANSI and OSHA standards in performing the work under the Agreement and will supply any Material Safety Data Sheets (MSDS) to the City upon request. Formulation Rates: It is the responsibility of Contractor to follow all product instructions. Any alterations in the formulations or equipment must be approved in advance by the City Forester or person designated by the City Administrator. In order to remain responsive to emerging research, the City reserves the right to request a change in formulation rates or application methods for the duration of the contract. Any such change and additional costs incurred would be agreed to in written correspondence between the Contractor and the City. Equipment: Rainbow Treecare will provide all necessary equipment and labor to complete the Work under these specifications: 1) Equipment will remain in proper operating condition throughout the term of the Agreement and RTC is responsible for cleaning and providing upkeep to the injection systems on a daily basis. Any maintenance issues or repairs are the sole responsibility of Contractor. 2) Treatment technicians will use a high-helix drill bit and must replace the drill bits after every 100 DBH inches to maintain high efficiency. Drilled holes must be the size recommended by the injection equipment manufacturer. 3) All injected trees must be tagged with the year of injection clearly indicated on the tag. Contractor shall provide tags for all injected trees. The tags must be of a design and type that can persist on the tree for at least 3 years. Property Access and Notification Contractor shall not enter private property without having previously obtained permission from the property owner. If Contractor personnel desire to enter private property to access trees on a City-owned property, it is their responsibility to notify the underlying property owner by knocking on the door at the time of the site visit or making a phone call ahead of time. Every attempt shall be made to contact the City Forester to notify of the intent on accessing a City- owned site through private property. Hours of Operations and Uniform The City reserves the right to set limits on hours of operation for Work on Saturdays, Sundays and holidays. All weekend or holiday Work must be approved by the City Administrator ahead of time. Certified applicators and GPS staff shall wear company uniform and/or a high visibility/safety vest at all times during field operations. Every vehicle associated with the Project shall display a company logo or name. Attachment B—Pricing City of Stillwater Tree Injection Program: City Trees Species Pest/Disease Product Price Per Inch Ash Emerald Ash Borer Emamectin benzoate $4.40 Elm Dutch Elm Disease Thiabendazole $17.75 Oak Two Lined Chestnut Borer Emamectin benzoate $4.40 Oak Oak Wilt- Red/Pin Oak Propiconazole $12.00 (20ml/inch) Oak Oak Wilt- White/Bur Oak Propiconazole $11.50 (10ml/inch) Price per inch will be based on Diameter at Breast Height (DBH) a measurement of trunk diameter approximately 4.5 feet off the ground. City of Stillwater Tree Injection Program: Private Trees Species Pest/Disease Product Price Per Inch Ash Emerald Ash Borer Emamectin benzoate $7.25 Elm Dutch Elm Disease Thiabendazole $19.75 Oak Two Lined Chestnut Borer Emamectin benzoate $8.75 Oak Oak Wilt- Red/Pin Oak Propiconazole $16.00 (20ml/inch) Oak Oak Wilt- White/Bur Oak Propiconazole $15.50 (10ml/inch) Price per inch will be based on Diameter at Breast Height (DBH) a measurement of trunk diameter approximately 4.5 feet off the ground BOARD AGENDA Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2, Chair Gary Kriesel, District 3 Karla Bigham, District 4 Michelle Clasen, District 5 February 27, 2024 - 9:00 AM Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer 1.9:00 Roll Call Pledge of Allegiance 2.9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3.9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A.Approval to close Fund #458 - 2019A General Obligation (GO) CIP Bond Projects. B.Adopt a resolution approving an application from the Afton Bayport Lakeland Lions Club to conduct off-site gambling at the Washington County Fairgrounds, July 31, 2024, through August 4, 2024. C.Approval of an application for a 1-4 day Temporary On-Sale Liquor License from the Washington County Agricultural Society for the Annual Mopars in the Park event, May 31, 2024, through June 2, 2024, to take place at the Washington County Fairgrounds, 12300 N. 40th Street North in Baytown Township. D.Approval of an application for a 1-4 day Temporary On-Sale Liquor License from the Washington County Agricultural Society during the Washington County Fair, July 31, 2024, through August 3, 2024, at the Washington County Fairgrounds, 12300 N. 40th Street, in Baytown Township. E.Approval of an application for a 1-4 day Temporary On-Sale Liquor License from the Washington County Agricultural Society during the Washington County Fair, August 4, 2024, at the Washington County Fairgrounds, 12300 N. 40th Street, in Baytown Township. F.Approve Purchase Order No. 27104 with Millerbernd Manufacturing Company in the amount of $211,936 for the signal steel on the County Highway 12 Improvement Project. G.Approval to add 3.0 FTE Deputy Sheriff positions in accordance with Agreements for Law Enforcement Services. 4.9:10 Property Records and Taxpayer Services A-C.) Amy Stenftenagel, Director A.Appoint members to the county canvass board for the 2024 Presidential Nomination Primary. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer B.Appoint members to the 2024 county canvass board for the State Primary Election. C.Appoint members to the 2024 county canvass board for the State General Election. 5.9:25 Public Works A.) Joe Welter, Building Service Manager, Senior B.) Allan Brandt, Engineer C.) Mike Kline, Engineer A.North Environmental Center Change Order Requests 1. Approve Change Order #1 on contract No. 15908 with Nasseff Mechanical Contractors, Inc. in the amount of $54,346 to provide and install a fire pump for the sprinkler system at the North Environmental Center. 2. Approve Change Order #2 on contract No. 15673 with A.J. Moore Electric, Inc. in the amount of $103,125.42 to provide and install a larger generator. 3. Approve Change Order #2 on contract No. 15648 with Axel Ohmann, Inc. in the amount of $51,347 for winter conditions on the foundation concrete. 4. Approve Change Order #3 on contract No. 15659 with Wenzel Plymouth Plumbing, LLC in the amount of $164,875.01 for acid-resistant piping in the operations building. 5. Approve Change Order #2 on contract No. 15664 with Kevitt Excavating, LLC in the amount of $308,396.99 for changes to the access road, site grading and utilities per regulatory agency plan reviews. 6. Approve Amendment #3 on contract No. 14342 with Kraus Anderson Construction Company in the amount of $110,000 to cover the cost of the building permit for the North Environmental Center. B.1. Approve Contract No. 16252 with WSB & Associates Inc. in the amount of $875,670.00 for project administration and inspection services to support the road and bridge construction program. 2. Approve Contract No. 16254 with Short Elliott Hendrickson Inc. (SEH) in the amount of $270,505.00 for construction surveying and staking services to support the road and bridge construction program. C.Approve Contract No. 16235 in the amount of $451,420.00 with Greystone Construction for the Public Works North Shop Salt Shed project. 6.10:00 General Administration A.) Jan Lucke, Deputy County Administrator A.Legislative Update Property Records Taxpayers Services Continued Washington ; 2;County Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer 7.10:10 8.10:25 9.10:25 10.10:30 11.11:00 12.11:30 13.11:40 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. Board Correspondence Adjourn Board Workshop with Public Health and Environment A. Opioid Settlement Community Council Discussion Board Workshop with Public Works A. Review the proposed update to Park Ordinance #213. Board Workshop with Community Services A.Update on Community Services transportation services through the Section 5310 grant for aging adults and people with disabilities. Break Washington ; 2;County