Loading...
HomeMy WebLinkAbout2017-02-21 CC Agenda Packeti 1 1\a' t e c 114E O IRT MPLACE OF MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North February 21, 2017 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of February 7, 2017 regular, closed session, and recessed meeting minutes. V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Resolution 2017-028, Certificate of Appreciation: Retirement of Jeff Magler, Police Department 3. Resolution 2017-029, Resolution 2017-030, Certificates of Appreciation: Retirements of Lynne Bertalmio & Carolyn Blocher, Library 4. Introduction of Interim Library Director - Melissa Brechon 5. CVB Annual Report - President Jerry Helmberger & Christie Rosckes 6. Resolution 2017-033, Certificate of Appreciation: Retirement of Gary Lindeman, Public Works VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 7. Police Chief 8. Fire Chief 9. City Clerk 10. Community Development Dir. - Annual Report (Available Tuesday) 11. Public Works Dir. 12. Finance Director 13. City Attorney - Lodging Tax information 14. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 15. Resolution 2017-031, directing the payment of bills 16. Resolution 2017-032, approval of Parking Ramp cleaning contract (available Tuesday) 17. Resolution 2017 033, approval of Dock Permit for St. Croix Boat & Packet and Wharfage Permit for Gondola (available Tuesday) (Moved to 3/7/2017 meeting) 18. Resolution 2017-034, resolution approving City of Stillwater hiring practice policy for vacant, new, seasonal, temporary and part-time positions 19. Resolution 2017-035, approving contract with RES Specialty Pyrotechnics 20. Resolution 2017-036, approving the HSA Adoption Agreement - Health Saving Account Master Service Agreement, FSA Adoption Agreement - Section 125 Cafeteria -Flexible Benefits Plan Master Services Agreement and respective plan summaries with MII Life, Inc., DBA: SelectAccount 21. Possible approval of Pay Equity Report 22. Resolution 2017-037, accepting proposal from FlahertyiHood for Job Evaluation Points Review and Amendment to Classification/Compensation Contract 23. Resolution 2017-038, approving issuance of a new On -sale and Sunday Liquor Licenses - 3rd Street Post 24. Resolution 2017-039, accepting work and ordering final payment for North Mulberry Parking Lot Improvement (Project 2012-06C) 25. Resolution 2017-040, approval of Development Fee Rates for 2017 26. Resolution 2017-041, approval of the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement with St. Croix Caterers, Inc. 27. Resolution 2017-042, approval of expenditure for evidence tracking software - Police Department 28. Possible approval of Sanitary Sewer Adjustments 29. Possible approval of NILMDTS Remembrance Walk event - September 9, 2017 IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. None. X. UNFINISHED BUSINESS 30. Possible approval of 2017 Cruisin on the Croix Special Event Contract (Resolution - Roll Call) 31. Discussion and consideration of additional pavers at Veterans Memorial 32. Discussion on Johnson Controls Solutions Initiative to reduce energy costs 33. Possible approval of Legislative Agenda (available Tuesday) XI. NEW BUSINESS 34. Possible approval of SUP approval on North Main Street hotel project (Resolution - Roll Call) 35. Possible approval to purchase fire truck 36. Possible receiving of feasibility report and calling for hearing on the 2017 Street Improvement Project (Resolution - Roll Call) 37. Possible approval of expenditure for Sport Court (Resolution - Roll Call) 38. Possible approval to purchase Vactor Truck - Public Works XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 39. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT D I S C O V E R STII.LWATER 11AT}IPGACf of MINNFSPTA Testimonials from Stillwater Businesses (February 2017) I am sending you this email to inform you how invaluable Discover Stillwater is to the lodging and tourist industry of Stillwater. We have in the past 4 years experienced a steady increase in occupancy by 18%. We have received numerous wedding leads, sports teams, bachelorette parties and transient travelers business because your teams work. We also have many guests that request the traveler guides you provide. We hope you all will continue to do the great work you have been doing. We all look forward to continuing to work with Discover Stillwater for your co-op advertisements, visitor guide and any other promotions available. Warm Regards, Al Patel General Manager Americas Best Value Inn 1750 Frontage Rd W Stillwater MN 55082 (651)-430-1300 Fax: 651-430-0596 americasbestvalueinnstillwater((mail.corn Americas Best Value Inn I would like to offer my compliments to the Stillwater CVB, namely Christie Rosckes. Her and her team have been extremely helpful to myself and our team at the hotel, providing an abundance of leads in the area. It feels good to have a team selling our city and bringing attention to our area in big picture form. In addition to leads, Christie and her team are in regular communication regarding city events, advertising opportunities and they are always very responsive to any questions or needs we may have. CVB's in general are so crucial to the tourism success of towns like Stillwater. We hope to continue working collectively with the Discover Stillwater team to bring room nights and repeat groups to the area. Yours in hospitality, Natalee Keathley - Regional Director of Sales Comfort Inn & Suites — Stillwater, MN Phone: (636)887-6730 I Fax: (844)819-8894 Email: nkeathlev@iacaruso.com Stillwater/Oak Park Heights 651-351-1717 Convention & Visitor Bureau info@DlscoverStlllwater.com P.O. Box 2025 I Stillwater, MN 55002 www. DlscoverStlllwater.com Comfort INN6,SU[FI:S 41 CHOICE ISCOV k R STILLWATER j1. 1HPI;AC!_5' MINNUOTP, To whom it may concern, Except for minimal expenses for the Rivertown Inn website and social media, I have relied exclusively on the Stillwater/Oak Park Heights CVB to promote this area and my business. Annual increases in income and spending less on advertising has enabled me to employ additional local people, purchase locally produced food and hire more local craftsmen to maintain the buildings. Thank you, Larry J. Loyer Operations Manager Rivertown Inn 306 W. Olive St. Stillwater, MN 55082 R1VE#Toy' N INN As local business owners, my wife Sarah Moslemi and I can personally attest to the need and success of this program. We own Studio One Yoga and will be opening The Velveteen (a speakeasy in the JX event center) this spring, and have not only enjoyed working with Discover Stillwater, but also seen the great results they bring not only to our town, but also our businesses. While we are very focused on local return business, the nature of the beast is that our awesome town also draws a huge business from people visiting, coming for weddings, events and moving to Stillwater. This has by far and above been one of the greatest ways to inform the public of what Stillwater has to offer. It would be a detriment to all of us business owners if we didn't have access to this group. Thank you for your consideration, Dariush and Sarah Moslemi Studio One Yoga/The Velveteen Stillwater/Oak Park Heights 651-351-1717 Convention & Visitor Bureau Info@DlscoverStlllwater.com P.O. Box 2025 I Stillwater, MN 55002 WWW. DiscoverStillwater.com YOGA e a Mak O. 4..i STI LI. WATER IF zT HP4 ,,CE OF MINNEsOTG To whom it may concern, This is a statement to let you know how much our business has benefited from the Stillwater CVB. To even have to defend this organization is a tragedy, I believe the work that they do around the community and the hospitality industry as a whole should speak for itself. My staff and I use 2 tools supplied by the CVB on a daily basis, one being the visitors guide and the other being DiscoverStillwater.com. The Visitor Guide is so beneficial to our guest's, it practically becomes any new comer's bible. Not only does the guide list travel info, lodging, night life and dinning, it also lists our tours and things to do. It breaks it down for every visitor, whether it be a family of five looking for interactive fun or a couple looking for a romantic escape. Hardly a day goes by that I don't see a guest carrying this book around our establishment. These guides rarely stay stocked I often find myself pleading with Christie to give us more. It's not only the tourists that love this book, it is also the locals. One of the great things about Stillwater is its always changing. There are always new events and experiences. Without this book, it would be impossible for us keep up with all the changes and growth in our community. I love that they list all the events that are planned for the year, I love that it lists our local shops and I especially love that there are pictures taken by visitors and locals literally throughout the whole book. It's almost like reading and sharing pervious experiences from all those who visit Stillwater. DiscoverStillwater.com is also such an important tool to my employees and I at the GrandStay Hotel. We often recommend this website to guests coming to our area. Like the book, the website lists local events and tours in more detail. Living and working in a forever changing environment also means we sometimes can't schedule everything. As events get closer I always suggest to our guests to check discoverstillwater.com for updates and promotions. I myself check this website weekly looking for updates and events to share with our guests. which I often do share on our Facebook page. It helps us reach a larger audience so that we are not just catering to our current guests but any future guests that may be researching the area as well. Stillwater has been a hot spot for weddings for the past 4 years and demand grows every year. Every times a bride or groom reaches out to the CVB they are met with more information than is ever to be expected. Our hotel receives routine business from the CVB who contacts me almost weekly with 3 to 7 potential Wedding/Group blocks. Without the CVB's Assistance I am positive we would lose business on group blocks which would significantly hurt our business. Without the CVB we'd lose great communication between the lodging businesses and the community. It is my belief that our tourism grows and thrives with a helping hand from our CVB. I urge us all to do what we can to make sure that our CVB becomes a permanent staple in our community. With Hospitality, Nikki Bialek Office Manager Stillwater GrandStay Inn & Suites Stillwater/Oak Park Heights 651-351-1717 Convention & Visitor Bureau info@DlscoverStlllwater.com P.O. Box 2025 I Stillwater, MN 55082 www. DiscoverStillwater.com 4010.101311 _ 1Mosx D 1 5 C O V E R= STILLWATEH II1ITHFY£Gf PF HIHHF5OYA Dear Council Members, We are writing today in support of the Convention and Visitors Bureau, Discover Stillwater. Our downtown restaurants, shops and attractions benefit from the collective efforts of the tourism bureau. We've noticed the difference in increased business since Discover Stillwater has been able to establish a strong brand presence for our entire town. It's one central resource for information and inspiration. Without the website and annual advertising campaigns we'd all be fighting for business alone. Just like the mission of the Mainstreet IBA we are stronger working together to promote this destination. We know our customers use the website and visitor guide to plan their trips and we are thankful for Discover Stillwater's captive social media audience to share our new products, sales, and happenings. We are proud of the progress towards a year-round destination which we know in large part is from the off-season advertising efforts of the CVB the past three years. Also, we've solidified our reputation as a place for Christmastime shopping and dining thanks to the generous grant support from the CVB every year to run our Hometown for the Holiday events with carolers, live reindeer, santa and victorian wagonette rides as well as valentine's day romance spot with the horse-drawn carriage rides also sponsored by Discover Stillwater. We see the impact that the CVB has on our downtown business district and hope that the council sees them too. Thank you, " Mainstreet Stillwater IBA Stillwater/Oak Park Heights Convention & Visitor Bureau P.O. Box 2025 I Stillwater, MN 55082 fin l • :rllll Main, Sheet stillwater iba 651-351-1717 info@DiscoverStillwater.com www. DiscoverStillwater.com D I S C O V E R STftLNATERNH1N SIT+t/.CF 01 To Whom It May Concern: I just wanted to write a quick note on behalf of Discover Stillwater. We are extremely thankful that they have represented Stillwater both in social media and at wedding fairs to drive tourism and weddings to Stillwater. Stillwater's visibility on social media vastly improved in 2016. Discover Stillwater skillfully and artfully pooled many images from many sources via Instagram and Facebook. Clients book The Loft at Studio J and JX Event Venue not just because of the venues, but because of the location. With over 150 events booked in 2017, we are bringing over 35,000 people to town, many of which have not been to Stillwater before. These guests are ideal tourists that often spend the night and have multiple meals while in town. Discover Stillwater has consistently helped us expand our marketing reach and we would love to see their influence continue. The whole town benefits from their efforts. -Judd Sather - Owner & Lead Photographer Judd Sather Photography, The Loft at Studio J, JX Event Venue (651) 342-1476 214 South Main St., Stillwater, MN 55082 In the three years that we have owned Stillwater trolley, we have seen our business grown on a yearly basis. We believe that a significant portion of this growth is directly due to the incredible efforts of Discover Stillwater. We have experienced a 30% increase in our historic tours and we already have 30 weddings booked for this year. Discover Stillwater has developed an incredible website that constantly keeps the public up to date on everything that is going on in our town. They also do a great job bringing travel groups in each spring to show them what we have to offer. Thanks to Christie and her team for doing such an incredible job of getting, and keeping, Stillwater on the map. Keep up the good work! Joni and Dick Zimmerman Stillwater Trolley Stillwater, MN St#iiwlat x ?money Co. Coml tour HIslalI. $lulwalrr Nlnnl1P711 Stillwater/Oak Park Heights 651-351-1717 Convention & Visitor Bureau into@DlscoverStillwater.com P.O. Box 2025 I Stillwater, MN 55082 www. DlscoverStillwater.com L.4 'UFA ia ti r.) P I SCO V l? R STI [LATER SIRTHNIAI_f CI MINNFSftA Over and over again the Stillwater CVB can prove that its impact outpaces our investment. The numbers show that the CVB leverages local support and returns increasing awareness, visibility, branding, visitorship and community engagement. As the Executive Director at ArtReach St. Croix, I can tell you about the ongoing calendaring partnership between StCroixSplash.org and DiscoverStillwater.com that introduced nearly 175,000 unique viewers to what happened in the area in 2016 alone. I can tell you about the innovative and responsive grantmaking that the CVB board does supporting numerous local events and local nonprofits. I can even tell you about the impressive numbers around spending by cultural tourists -- a particularly spendy segment of the traveling public. Instead, I encourage you to consider the impact of the CVB and the partnerships that have been nurtured and created. I believe that reducing or eliminating a source of revenue equates to eliminating our investment in tourism, a major economic driver for Stillwater. As a partner of the Stillwater CVB, ArtReach St. Croix is one of the many direct beneficiaries of the CVB's community investment. That being said, my family benefits as well. My niece from Boston got to try log rolling on the water at Log Jam. My aunt and uncle from Colorado saw the pumpkin drop. My dad and his wife from Washington DC took in a concert along the riverfront. My friend from Pennsylvania will be coming to add to her St. Croix Valley pottery collection. Most importantly, having moved here just 5 years ago, my sons have Stillwater pride thanks to their job as hosts to all of these out of town visitors. That impact cannot be under -estimated. Heather Rutledge - ArtReach St. Croix 224 N. 4th Street Stillwater, MN 55082 651-439-1465 www.artreachstcroix.org and www.stcroixsplash.org On behalf of Cooks of Crocus Hill, we are so grateful to have such a wonderful partnership with Discover Stillwater. We are thankful for their support of our retail store, as well as culinary school. From including Cooks in FAM tours for corporate meeting planners to showcasing our kitchen for private team building/employee events to highlighting our cooking classes for tour groups and community members, we appreciate the collaboration and look forward to more opportunities in the future! And did I mention that Christie and Janel are amazing to work with! Yes, they are! Susie Tucker I Director of Culinary Sales Cooks of Crocus Hill 1877 Grand Ave, St Paul, MN 55105 P: 651.288.7238 I F: 651.228.9084 I cooksofcrocushill.com C0016 Stillwater/Oak Park Heights 651-351-1717 Convention & Visitor Bureau info@DlscoverStlllwater.com P.O. Box 2025 I Stillwater, MN 55082 www. DlscoverStlllwater.com OF CROCUS HILL g 6314 STILL WATER $1RTNPI AC [Ti ,-111,'lt 0Ti To Whom It May Concern, I am writing to convey my support and appreciation for the Stillwater & Oak Park Heights Convention and Visitors Bureau and its Director, Christie Rosckes. The CVB has been instrumental in promoting Stillwater as a destination for tourism and events. From the Ice Castle and Hockey Day Minnesota to Photo Contests and "Heads in Beds" marketing efforts. I do not recall Stillwater enjoying such an extended period of positive marketing and promotions as we do now. The CVB and Ms. Rosckes have been and are an instrumental part of this success. Ms. Rosckes works within her office as well as coordinating with other entities for the greater good of Stillwater. Among her other duties, she works closely with the Chamber of Commerce, the Main Street IBA, and event organizers to put Stillwater in the brightest of spotlights. Through this entity we all win. I can personally attest that Ms. Rosckes and the CVB were absolutely vital in Downtown Stillwater being designated a "Historic District" by the Minnesota Department of Transportation. BROWN signs will inform travelers on the new bridge where to exit to visit our downtown. Once here the CVB has funded historic maps that will inform visitors of how to best enjoy Stillwater. The positive effects of her determination to get this done will be felt for years to come. It is my opinion that the Stillwater & Oak Park Heights Convention and Visitors Bureau serves a vital function in promoting, marketing and encouraging guests to enjoy all that Stillwater has to offer. I fully support their efforts. Sincerely, Cory Buettner - Proprietor Leo's Grill & Malt Shop 131 Main St. Stillwater, MN 55082 St. Croix Boat and Packet owns four venues in downtown Stillwater, Minnesota: Stillwater River Boats, The Grand Banquet Hall, Grand Pizza and the Lowell Inn. Our customer is the person who loves tourism, celebrations, and events primarily. To appeal to that client, a large key has been Discover Stillwater and the CVB, under the leadership of Christie Rosckes. It is proven in our SE0 with people who do indeed click to our website, that they had originally started on discoverstillwater.com and clicked over to our website. Christie Rosckes has included our companies in our social media with free press, and bringing people to our venues for her professional meeting/event planner tours. Her enthusiasm, passion and her drive is something truly amazing. Stillwater/Oak Park Heights 651-351-1717 Convention & Visitor Bureau Info@DiscoverStlllwater.com P.O. Box 2025 I Stillwater, MN 55082 www. DlscoverStillwater.com D I S C O V E R STILLNPWMIHNPATERS0 FIRTLACP nr T■ I have worked with her directly, with being in the marketing and event sales for St. Croix Boat and Packet, the corporate office for all venues above. We worked together with the Explore Minnesota private charter and I saw her connection with every business owner and her speaking in front of a large group to help promote what Stillwater, Minnesota has to offer, along with other communities in Minnesota. Being from Stillwater, Minnesota, I have honestly never known someone with such passion and thoughtfulness and professionalism representing this town like Christie. We are SO lucky to have her as the Discover Stillwater Visitor's Bureau President. and award winning director of CVB. KARINA PETERSON - marketing & sales St. Croix Boats, The Grand Banquet Hall, Grand Catering, Lowell Inn karinapstillwater iverboats.com www.stillwaterriverboats.com ie }. $7.tAur, I have been a Stillwaterite for 33 years and have worked in hospitality since I was legally able to earn a paycheck (and worked for free before that). In my 13 years as the general manager of the Americlnn hotel in Oak Park Heights I've seen the shift in the tourism market here. The first years at the hotel, the only source of reference was through the downtown Chamber of commerce. No marketing was done to increase tourism and on the off chance someone called or stumbled through their doors they might hand out a list of hotels in the area if someone asked. Increasing travel dollars to the are was not their focus nor their expertise. I was involved in the first push to gain a CVB in the area, and we started out and built it from nothing to the well oiled machine it is now. Stillwater/Oak Park Heights Convention & Visitor Bureau P.O. Box 2025 I Stillwater, MN 55082 651-351-1717 info@DiscoverStlllwater.com www. DiscoverStillwater.com pa illptll��y�j aG1.- ro ST1I[WAMMNETERFOTA II RTHIPIACE 9r I After completion of the very first year we had an increase at the hotel I personally do the books for. At the five year mark for the CVB, 3-5% of my business was directly booked from the visitor's guide and Discover Stillwater website. I'm obsessed with statistics and tracking my business. I see an increase in rate and occupancy that directly correlate with events such as Hockey day, Harvest fest and the newest addition of an ice castle. I've never once had a guest complain or really even question our 3% lodging tax because every other city they stay in is vying for their tourism marketing dollars as well. In this day and age, you market yourself and your city or you lose out to the other cities who do Plain and simple. Thank you for your time Tiki Oswald, S.A.C.B.S.E(super awesome cupcake baker and Sudoku expert. hey, everyone should have letters after their name), General Manager Americlnn 13025 60th St N Stillwater, MN Phone 651.275.0980 Fax 651.275.1230 www.hotelstillwater.com Stillwater/Oak Park Hei¢hts 651-3S1-1717 Convention & Visitor Bureau info@DiscoverStillwater.com P.O. Box 2025 I stiiiwater, MN 55082 www.DiscoverStillwater.com RaneyWorks raneyworks com Stillwater/Oak Park Heiphts Convention Visitor Bureau DiscoverStillwater.com Annual Report to the City of Stillwater, Year End 2016 jAa I5 GOVER= ,aintWATER .1111,1-11.1.8q C 4r HkN'1 Q -i f V► MI Ts mach far evali info. kzaix anrcaleadar A9OLIT 1:ALLEP __- TEALS ..-.LTSNEdd CONTACT DIRECT53NS LODGIMG DINING & NIGHT LIFE BOUTIQUES EVENTS THINGS TO DO GROUPS MEETINGS WEDDINGS STILLWATER WELCOMES YOU! Tour off chit guide to Stillwater. 4fin,ewataMill me Discover Stillwater_ the 1848 Birthplace of Minnesota located on the scenic St. Croix River'. A place where paddle wheel riverboats and gondolas glide the waters. Historic Main Street shopping, dining, bodging and entertainment are yours inside this charming river town where time stands still in the valley. There are so many things to do in StiIlwater, Minnesota! Enjoy all Four seasons in Stillwater. MN... The robust colors of the bluffs in the Fall *gaol a VISTOR GUIDE CHECK OUT OUR C0191 VeaLi! Tourism Tax Revenue* Accounts for... 17% of Minnesota's Taxes 20% Washington County's Taxes 30% Stillwater's Taxes/10% Gross Sales Our 100% Mission is Tourism Marketing The advertising and services we provide benefit: 1) Tourism Businesses (hotels, restaurants, attractions, events, and boutiques) 2) Supports quality of life assets enjoyed by both residents and visitors. 3) Helps portray Stillwater as a good place to live, work and do business. *Source: MN Dept. Revenue. Sales and Use Tax 2014 data Annual Report to the City of Stillwater, Year End 2016 2008-2016 LODGING TAXES COLLECTED Lodging Tax Income First Quarter 2008 2009 2010 2011 2012 2013 2014 2015 2016 AVE Stillwater $ 23,670 $ 25,052 $ 20,852 $ 24,920 $ 27,039 $ 25,091 $ 29,421 $ 29,616 $ 30,879 Oak Park H $ 4,316 $ 4,893 $ 3,910 $ 5,520 $ 4,548 $ 5,071 $ 4,8.53 $ 5,077 $ 4,667 $ 27,986 $ 29,945 $ 24,762 $ 30,440 $ 31,587 $ 30,162 $ 34,274 $ 34,693 $ 35,546 $ 31,044 2% Second Quarter Stillwater $ 41,572 $ 33,054 $ 36,407 $ 36,131 Oak Park H $ 7,199 $ 7,371 $ 6,307 $ 7,855 $ 7,574 $ 8,860 $ 8,987 $ 9,313 $ 7,849 Third Quarter Fourth Quarter $ 38,442 $ 42,815 $ 45,518 $ 51,227 $ 54,682 $ 48,771 $ 40,425 $ 42,714 $ 43,986 $ 46,016 $ 51,675 $ 54,505 $ 60,540 $ 62,531 $50,129.24 3% Stillwater $ 55,764 $ 41,929 $ 48,220 $ 53,376 $ 52,554 $ 59,423 $ 61,787 $ 69,321 $ 73,549 Oak Park H $ 3,273 $ 8,787 $ 9,757 $ 11,021 $ 10,191 $ 11,228 $ 11,675 10,805 $ 10,948 $ 59,037 $ 50,716 $ 57,977 $ 64,397 $ 62,745 $ 70,651 $ 73,462 $ 80,126 Stillwater $ 31,427 $ 24,282 $ 20,164 $ 28,778 $ 32,024 $ 33,410 $ 37,967 $ 42,025 Oak Prk H $ 6,499 $ 4,919 $ 6,045 $ 6,560 $ 6,383 $ 6,629 $ 7,424 $ 6,480 $ 37,926 $ 29,201 $ 26,209 $ 35,338 $ 38,407 $ 40,039 $ 45,391 $ 48,505 $ 64,889 $ 37,627 Total for the year $173,720 $150,287 $151,662 $174,161 $178,755 $192,527 $207,632 5 223,864 $182,574 181,576 29% Program to Date • Consistent increase in revenue since recession with no major change in # rooms. •3rd Quarter 2016 highest on record. • Since 2008 (8 years), we've seen a 29% increase in lodging tax reAve aT-I�eport to the City of Stillwater, Year End 2016 3711 .v. ter i0.•k P. k H6ight• STILLWITER 44%4 J WEBSITE GOGGLE ANALYTICS — 6 Years of Growth E,C-1 i 00 300,000 250,000 200,000 150,000 100,000 50,000 V DiscoverStiIIwater.com Annual Users 2011-2016 96,981 60,530 -d-r7 60%4 • 135,731 40%4 205,569 51%4 367,640 296,866 0 2011 2012 201? 7014 ■ 2015 ■ 2016 StIIPW.[erropk Perk HewQn, convention m Y.Imr k4.1.ee1.1 STILLWATER oiscaverstiiivrater.com Annual Report to the City of Stillwater, Year End 2016 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 45,998 WEBSITE GOOGLE ANALYTICS — By Season Growth in Users by Month 2014 vs 2016 60000 Discover5tillwater.com Users 2015 vs 20134554 56,645 by Quarter 53780 I 81,395 7% 110,200 50000 99537 G14 G,S 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr (Jan/Feb/Mar) (Apr/May/June) (July/Aug/Sept) (Oct/Nov/Dec) IN 2015 ■ 2016 40000 30000 20000 10000 0 18,739 792 Ja 28,936 20,555 17,847 107 110 817 33,270 171 41,511 228 283 41,077 41,019 254 267 36,009 283 27,804 151 1 30,360 February March +rd May June July August September October November December ■ 2014 ■ 2016 S Il.ot,t,Ook Pork He hta Con .ntlen k VYltar 6ur.mu PUNIER PISOovwStiliwoltor.pom Annual Report to the City of Stillwater, Year End 2016 WEBSITE GOGGLE ANALYTICS—Top Pages events subdomain /things -to-do/ /lodging/ /dini ng -night -life/ /shopping/ /thi ngs-to-do/winerybrewe ry-hours/ /dini ng-night-life/fi ne-casual-dining/ /thi figs-to-do/on-the-water/ /thi ngs-to-do/romantic-escape s/ /weddings/ Top 10 Wages, 2016 Pageviews 108,442 429244 =43,887 026,247 •23,980 21,856 ■ 21,448 21,164 21,091 In 20,474 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 Top 2 referring Websites: UNPLN0eRsea TA facebook S1II4.rpet+,Oak Fork Ht=ph(1 Canwntlan 6 vxlmr ku+tou Annual Report to the City of Stillwater, Year End 2016 Reserves, $7,000, 3% 2016 MARKETING PLANS Budget Overview 2016 Marketing Materials, $14,890, Operations, $79,300, 33% Advertising By Medium, 2016 Travel Directories, $16 12% Direct Mail, $350, 0%. Tradeshow/Association, $4,495, 3% Advertising by Market, 2016 Meetings, $5,800, 4% Groups, $600, 1% Television, $10,000, 7% �6ut of Home, $0, 0% Radio, $6,000, 4% Stllhwar.r,OfN POrk Mmrpftb c.r renr Man m vaiw, murwu mow' �E STILLWATEH Annual Report to the City of Stillwater, Year End 2016 2016 TOP 10 HIGHLIGHTS 1. Best Small CVB in Minnesota 2. Hiring Janel as Marketing Assistant. 3. Video in NYC Times Square during Thanksgiving 4. Exceeding Social Media Goals 5. Expanded Visitor Guide Again 6. Winter Events — Ice Castles & Hockey Day MN 7. Listed in Book: 1000 Places to See Before You Die 8. Signs of positive growth (new hotels, new large ven 9. Historic Brown Sign/Downtown History Kiosk 10. Holiday Advertising Push —tv, radio, digital, native article 1 -D I S C O V E R irk". AOLI MN= :, STILLWATER EIRYMYLACE OF MINNESOTA LODGING BOUTIQUE DISTRICT HISTORIC WALKING TOUR ;un i ig THINGS TO DO t©I RESTAURANTS iirj EVENTS CALENDAR. DiscouerStllluiater. co m S.I..t, +OCE P.ris He:Qhtt c.nren[ Ion q Yisiwr eurenu niscoverniihratpr<em https://www.youtube.com/watch?v=Ho9oDSEg1Ds&list=PLw14 8x6aQQ0kSL_ZgCIOLtyKOE7N NQuJ R&index=10 ItIIW.ater/Oak Park H.I htt Canwnuan a vaita. eu.eau STILLWATER ms 0 I S C 0 V E R STILLNWATEROTH. Bt TF4ACE OF lNWNE ICE CASTLES YOUR ROMANTIC WINTER ESCAPE Voted one of America's Most Picturesque Towns OISCOVERSTILLINATER.COM 2017 MARKETING PLANS VINNESOTA'S #1 STATION sR WEIRS F'AEGO ICE CASTLES 1y,��y...a...., c.n ..... r....w-•Failwic• VISIT STILLWATER TW IS'WINTER .}ce Cadilea. acre liviel enin.ev=m Ioa=rs, _ ric.1wmrLmd,lioyn n-�s,: _.:.Ii^,r•ey. nthin Tn.n- nand, elinin -r nen ninon -.lu-s and oft -r *•.c -ne inn r. n-- ;e nn jlns _ccnted For t -e 9r... tine in __i w,rs:r r. n -e the •nerFst - :.crcc sec this he-utiil est-ure Mire nee-, I:vV. cue allJi.niii : delle ien Ludic • er cslinn•r ncr-rs-oa: t ! Ihis•.eintne Still•wnrcr will tn. y corn: rnrca nn nnp nt An-ai ,r• n' -Incl r. -n nccn ice Srcnll T i nn [.15,: ]. Friends. FA!A,Iy or Romance... wn,ir _ 'cur x.rx_. „ni.cr uctr,..rn :its veer! wPLO INN G SOT A' -1,11,9 IFF LAI E:LVENVT'E T STd} ! TMP TE:R SITE OF HOCKEY RAYMINN€EDTA 2D17. thvi\eited ong fair, f t Y; Y1n9 /Str+oera CFpeft'. SeIIP•wterlOok Pork HANpATP C.,11111(lesri NVNI[areur,Au Fe�`ry IIIIIIIII■•$� STILLWATER DiscavorSbilventancorn Annual Report to the City of Stillwater, Year End 2016 HOW THE CITY HELPS TOURISM • Providing amenities like public restrooms, parking, garbage recycling receptacles • Keeping snow plowed and streets clean — thank you! • Easy to follow and welcoming signage — loved the Hockey Day Minnesota streetlight banners. • Supporting new businesses and events — the bike trail has been a popular attraction • Informing locals and visitors of the CVB — thank you for the link on your website and mention in city newsletter Common Complaints: 1) Parking — 2nd ramp needed and an employee shuttle/alternate parking location. 2) Public Restrooms not open in the winter Sillerae.rlpak Fork H,.pna Conrentlon gvxlmr Bureau LA "' itE STILLWATER o,Kaventillwoteneam Annual Report to the City of Stillwater, Year End 2016 Zt/e 4OZS aid toe& 7am yau/ Questions? tilliuntrr ON THE BEAUTIFUL ST. CROIX RIVER 6RoGer MeAt5 ` BeikeRY • PRoduGe OPEN 'DAY A WEEK 7 -k° 1UPM AND LIFT BRIDGE 1931 AND RANDALL RAOLIENZ 20 , Annual Report to the City of Stillwater, Year End 2016 S IIN# tel✓Oak Park HtiQhn Convent Ian ar Vis.,®ureau fw��i4q STILL Di,cavar=t Il �oter.cam Diane Ward Subject: FW: Stillwater Lodging Tax Importance: High Original Message From: Tom [mailto:talynum@aol.com] Sent: Saturday, February 18, 2017 1:53 PM To: Tom McCarty <tmccarty@ci.stillwater.mn.us>; Ted Kozlowski<tkozlowski@ci.stillwater.mn.us>; Tom Weidner <tweidner@ci.stillwater.mn.us>; Mike Polehna <mpolehna@ci.stillwater.mn.us>; David Junker <djunker@ci.stillwater.mn.us> Cc: info@annbeanmansion.com; ron.hannig@baesystems.com; Rita Graybill <rita@elephantwalkbb.com>; Mike Robinson <mr55082@gmail.com> Subject: Stillwater Lodging Tax Gentlemen, I have had opportunity to review the council packet for the 2/21/17 council meeting. Included therein is the annual CVB presentation and Attorney Magnuson's memorandum addressing the Stillwater lodging tax renewal. I'll be brief and to the point. I request the council consider and vote to reduce the Stillwater lodging tax from 3% to 2% (effective 1/1/18). Why? In reviewing the CVB presentation, it is time to scale back. There are many points supporting this conclusion. I will make a few: 1. The administrative expense of the CVB has grown to nearly $85,000. Relative to projected tax revenue of $227,000, admin expense is 37%. 2. The CVB has been building cash reserves which now total $28,000 3. The CVB continues to make significant discretionary expenditures with little benefit. To pick on one, $25,000 was allocated as a sponsorship for hockey day Minnesota. This single cost represents 11% of total projected tax revenue for 2017. 4. There is at least one hotel is Stillwater's future. Combining that hotels lodging tax with the anticipated VRBO lodging tax receipts provides additional CVB funding. 5. Dusting off the economics textbook reminds me that the marginal utility of Stillwater tourism promotion continues its decline. In closing, the CVB continues to wrestle with metrics needed to measure the success of various promotions. Thus, the focus has switched to awareness marketing. I can think of no better way to thank Stillwater visitors than reducing this tourist tax. Imagine the positive public relations from such an action. Thank you for your consideration of this matter, Tom Lynum 1 Diane Ward Subject: FW: Convention and Visitors Bureau From: Mainstreet Stillwater IBA [mailto:mainstreetstillwateriba@gmail.com] Sent: Tuesday, February 21, 2017 3:20 PM To: City - Doug Menikheim<dmenikheim@leadershipfingerprint.com>; city - Mike Polehna <polehna@usfamily.net>; Ted Kozlowski<tkozlowski@ci.stillwater.mn.us>; Tom Weidner <tweidner@ci.stillwater.mn.us>; Dave Junker <davejunker@comcast.net>; Tom McCarty <tmccarty@ci.stillwater.mn.us> Subject: Convention and Visitors Bureau Dear Council Members, We are writing today in support of the Convention and Visitors Bureau, Discover Stillwater. Our downtown restaurants, shops and attractions benefit from the collective efforts of the tourism bureau. We've noticed the difference in increased business since Discover Stillwater has been able to establish a strong brand presence for our entire town. It's one central resource for information and inspiration. Without the website and annual advertising campaigns we'd all be fighting for business alone. Just like the mission of the Mainstreet IBA we are stronger working together to promote this destination. We know our customers use the website and visitor guide to plan their trips and we are thankful for Discover Stillwater's captive social media audience to share our new products, sales, and happenings. We are proud of the progress towards a year-round destination which we know in large part is from the off-season advertising efforts of the CVB the past three years. Also, we've solidified our reputation as a place for Christmastime shopping and dining thanks to the generous grant support from the CVB every year to run our Hometown for the Holiday events with carolers, live reindeer, santa and victorian wagonette rides as well as valentine's day romance spot with the horse-drawn carriage rides also sponsored by Discover Stillwater. We see the impact that the CVB has on our downtown business district and hope that the council sees them too. Thank you, Mainstreet Stillwater IBA 1 • J City ol) StiQQvaten, cittituosota Cotitteate o f JtppneetattoR preeseoted to RESOLUTION 2017-033 GARY LINDEMAN WHEREAS, Gary Lindeman, has retiredfrom City employment, as Public 'Works .Maintenance vVorker III, effective January 20, 2017. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, _Minnesota, that for his dedicated service to the City of Stillwater, Gary Lindeman is hereby commendedfor serving the City faithfully, efficiently and courteously for over 16 years. The Council regrets that he retired from City employment, and extends to him their appreciation for him dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directedto enter this Certificate ofAppreciation upon the official record of the Council and to deliver a certified copy thereof to Gary Lindeman. .Adopted by the City Council this 21st day of February, 2017. f %WNW 11.r-"--•...•- 7 ',. .".1111111111111r , Community Development Department 2016 Annual Report Building Division 160 140 120 100 80 60 40 20 0 Building Division F •Avg Mo. Permits 2006-16 2016 Mo. Permits Issued PJ�Jy� ,pec ,e c4eQ Building Division 60 ! 50 � i r 2006 2007 2008 -: 2009 2010 2011 2012 2013 2014 2015 2016 I 70 60 50 40 30 Building Division 1 I 1 Townhomes Et Condos ■ Single Family Homes Multiple Family Units 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 400 350 300 250 200 150 100 50 Building Division e 49- ,c6`) N\() ��ec N\°, Oen • Avg Mo. Inspections 2006-16 2016 Mo. Inspections Building Division 6000 5000 4000 3,854 r 3,551 4,897 4,127 4,122 3,453 3000 3,009 2000 1,200 max target 1,417 1000 2,308 709 769 11RA 2,582 1632 1285 1376 1374 1151 1003 1033 3,389 1695 1576 15.3 438 1434 1379 1420 1374 2,921 1270 OnspecUons per Penson, annuaD totaOs 11998=2016 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013' 2014' 2015 2016 Inspections 709 769 1184 1285 1376 1632 1374 1151 1003 1033 1695 1434 1379 1576 1420 1374 1530 1538 1270 per person Total Inspections 1,417 2,308 3,551 3,854 4,127 4,897 4,122 3,453 3,009 2,582 3,389 2,868 2,758 3,152 2,839 2,748 3,060 3,075 2,921 Number of Inspectors 2 3 3 3 3 3 3 3 3 2.5 2 2 2 2 2 2 2 2 2.3 OnspecUons per Penson, annuaD totaOs 11998=2016 BuiLed Te NyMon 7 Work P,mn 2,17_6=` 2. BUILDING DIVISION Status key BT Bill Turnblad IP In progress a. Improve procedures and permit tracking Highs IP/BS CS/BT 2016 Yes i. Goal —complete plan reviews for new homes in 2 weeks Completed CS CS/JN! MG 2016 Yes ii. Goal — complete plan reviews for decks, pools & accessory bldgs in 1 week John Nobles BS CS/iN/ MG 2016 Yes b. Cross -training of all inspectors Low PP CS 2016 c. Assess Laserfiche for missing property files; scan files that are missing Med IP CS/MG 2016-17 Shawn Sanders d. Begin creating division handbook for routine procedures Med IP CS/MG 2016-17 Staff key Status key BT Bill Turnblad IP In progress TM Tom McCarty D Deleted 1G John Gannaway C Completed CS Cindy Shilts OS On schedule IN John Nobles BS Behind schedule MG Maureen Geier PP Postponed AW Abbi Wittman QW Quinn Williams SS Shawn Sanders RH Rose Holman CC City Council Planning Division Planning Division 4 6 1 3' 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 ■ Planning Cases • Heritage Preservation Cases Planning Cases 1999-16 MEmiting DIvtiztion 2,CY 60=1` 7 Work PlEn Staff key Sten; k,g BT Bill Turnblad IP Tom McCarty D In progress Deleted JG John Gannaway C Completed Cs Cindy Sh ilts OS On schedule JN John Nobles BS Behind schedule MG Maureen Geier PP Postponed AW Abbi Wittman ow Quinn Williams 55 Shawn Sanders RH Rose Holman CC City Council Project or task Priority Status Staff Year Strategic Plan? 1. PLANNING DIVISION a. Commissions i. Heritage Preservation Commission 1. HPC training materials development— MHS Partnership Grant High C AW 2016 2. Explore adding Neighborhood Conservation District guidelines to additions Low PP AW 2016 3. Historic home owner's recognition program High C AW 2016 4. Engagement in 2018 Comp Plan update High AW/BT 2017 5. Engagement in Downtown Plan update High IP/OS AW/BT 2016-17 ii. Downtown Parking Commission 1. 2016 CIP Implementation High C BT/SS 2016 Yes 2. Monitor credit card chip technology upgrades Med IP BT/RH 2016 3. Engagement in Downtown Plan update High IP/OS BT 2016-17 4. Engagement in 2018 Comp Plan update High BT 2017 S. 2017 CIP Implementation High IP BT/SS 2017 iii. Planning Commission 1. Engagement in Downtown Plan update High IP/OS AW/BT 2016-17 2. Engagement in 2018 Comp Plan update High AW/BT 2017 MEmiting DIvtizton 2,CY 60=1` 7 Work PQ Strategic Plan? b. Comprehensive Planning i. Review and accept or challenge 2015 System Statement High C BT 2015 ii. Review Implementation Chapter to assure priority items not overlooked Med PP BT 2016 iii. Trail Plan Implementation Advisory Committee Med D2 AW 2016 Yes iv. Trail Plan approval High IP/BS3 v. Marina consistency with Comp Plan Low BT 2017 vi. 2018 Comp Plan High BT 2017-18 Yes vii. Downtown Plan Update High IP/05 BT 2016-17 Yes viii. Annexation Area Redevelopment Plan Low BT 2017 MEmiting DIvtizton 2,CY 60=1` 7 Work PQ Project or task Priority Status Staff lead Project Year Strategic Plan c. Ordinance Development i. Front yard parking High C4 AW 2015 ii. Sign ordinance revision Low PP AW 2016 iii. Zoning Code update Med AW/BT 2017 iv. Update shoreland buffer setbacks per new State law Med PP BT 2016 v. Lodging study and possible VRBO ordinance Med IP/BS BT 2016 vi. Site plan review ordinance for old armory Med C BT 2016-17 d. Administrative Projects i. Add home occupations & vendors licenses to planning database Med IP OW 2016 ii. Scan missing Laserfiche planning cases Med IP OW 2016-17 iii. Formalize procedure for closing out and archiving project files High C QW, AW 2016 iv. Create division department handbook for routine tasks and procedures Med IP QW, AW 2016-17 v. Hire software design consultant to update or replace V1R Planner (on-line property info) High PP AW, RH 2016 e. Economic Development i. Establish strategy, priorities and staffing requirements (Council strategy sessions) Med IP TM/BT 2016 Yes ii. Create format for customized information packets in response to property search inquiries Med PP BT 2016 f. Parks i. Bergstein buildings — business plan & grant writing for rehab High PP AW 2016 ii. Palmer property acquisition and management plan Med C BT 2015-16 iii. Aiple property concept plan Med C BT 2016 iv. Aiple property conservation easement and property acquisition Med IP BT/TM 2016-17 g. Facilities Planning i. New fire station — acquire deed from MSABC High IP/BS BT 2016 ii. Police station expansion and remodel High IP BT/TM 2016-17 Yes MEmiting DIvtizton 2,CY 60=1` 7 Work PQ Project or task Priority Status Staff lead Project Year Strategic Plan? h. Special Events i. After event strategies set by council, revise procedures as needed Med IP BT/TM /BW 2016 Yes i. Enforcement i. Improve interdepartmental processes High IP BT/JG/ TM 2016 Yes ii. Create interdepartmental tracking system for zoning complaints High IP BT/JG/ TM 2016 Yes Questions/comments i11watt THE BIRTHPLACE OF MINNESOTA TO: Mayor & Council members FROM: Bill Turnblad, Community Development Director DATE: February 21, 2017 RE: Parking ramp cleaning services BACKGROUND The City has a contract with St. Croix Boat & Packet for cleaning the parking ramp's south elevator tower, stairwell, bathrooms and areas just outside the entrances. The base contract payment is $750 a month. In addition, in 2015 the City added a once a week trash pickup on all the parking ramp decks for $60 a month. Therefore, the total monthly contract has been $810 for several years. St. Croix Boat & Packet proposes to keep the 2017 monthly cost the same as last year. COMMENTS The service is prompt and good. Moreover, the nearest competitor's bid for the same service was nearly twice as much as St. Croix Boat & Packet. RECOMMENDATION Staff recommends entering into a contract for 2017 with St. Croix Boat & Packet at $810 a month. attachments: Contract Resolution bt RESOLUTION 2017-032 APPROVING CLEANING SERVICES CONTRACT FOR MUNICIPAL PARKING RAMP BE IT RESOLVED, by the City Council of Stillwater, MN that the cleaning services contract from January 1, 2017 until February 28, 2018 between the City of Stillwater and St. Croix Boat & Packet, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the contract. Adopted by the City Council of the City of Stillwater this 21' day of February, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk STILLWATER MUNICIPAL PARKING RAMP CLEANING SERVICES CONTRACT THIS CONTRACT is made on February 21, 2017 between the City of Stillwater, a Home Rule Charger City of the third class, existing under the laws of the State of Minnesota, with offices at 216 North Fourth Street, Stillwater, Minnesota 55082 ("City"), and St. Croix Boat & Packet Co., a Minnesota Corporation, P.O. Box 406, Stillwater, Minnesota 55082 ("St. Croix"). RECITALS The City desires to retain St. Croix to provide cleaning services for the Stillwater Parking Ramp, 200 North Second Street, Stillwater, Minnesota 55082. St. Croix agrees to perform these services for the City under the terms and conditions set forth in this Contract. In consideration of the mutual promises set forth herein, it is agreed between the City and St. Croix as follows: SECTION I. NATURE OF WORK St. Croix will perform cleaning, sweeping and maintenance services for the Ramp Towers within the scope of work described in the bid form, Pages 1-8 opened January 13, 2010 (see attachment), with the addition of picking up litter on all levels of the ramp once a week, and as further directed by the City Community Development Director. The methods of accomplishing the work will be determined by St. Croix and all tools of the trade will be supplied by St. Croix. SECTION II. COMPENSATION The City will compensate St. Croix $810 per month; plus $12 for each emergency cleanup request in excess of four per month. SECTION III. STATUS OF ST. CROIX This Contract calls for the performance of the services of St. Croix as an independent contractor and St. Croix will not be considered an employee of the City for any purpose. SECTION IV. WORK STANDARDS St. Croix will control the conduct and means of performing the work and will perform all services required under this Contract in a manner consistent with generally accepted procedures. SECTION V. INDEMNIFICATION Any and all claims that arise or may arise against St. Croix, its agents, or employees as a consequence of any act or omission on the part of St. Croix or its agents or employees while engaged in the performance of this Contract shall in no way be the obligation or responsibility of the City. St. Croix shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which the City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligence or willful act or omission of St. Croix, its agents, or employees, in the execution, performance or failure to adequately perform St. Croix's obligations under this Contract. SECTION VI. TERMS TO BE EXCLUSIVE The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Except as herein expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person, persons or legal entities. Pa e2of4 SECTION VII WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING No waiver, alteration or modification of any of the provisions of this Agreement will be binding unless in writing and signed by a duly authorized representative of both parties to this Agreement. SECTION VIII. NO ASSIGNMENT WITHOUT CONSENT St. Croix will not assign this Contract nor any of the rights and duties hereunder without the prior written consent of the City. SECTION IX. DURATION This Contract will be in effect from January 1, 2017 through February 28, 2018 and will be renewable on an annual basis upon mutual agreement by both parties. This agreement may be terminated by either party upon sixty days written notice to terminate the agreement by the party. IN WITNESS WHEREOF, the parties set their hands this 21st day of February, 2017. CITY OF STILLWATER, a Minnesota municipal corporation Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Pa e3of4 STATE OF MINNESOTA ) SS COUNTY OF WASHINGTON ) On this day of February, 2017, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Diane F. Ward, who did affirm that they are respectively the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public St. Croix Boat & Packet Co., a Minnesota Corporation By: Its: STATE OF MINNESOTA ) ) SS COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2017, by Robert Anderson, an owner, duly authorized agents for St. Croix Boat & Packet, a Minnesota Corporation. Notary Public Pa e4of4 1lwater `HE g R i H P L A C E O F MINNESOIA To: Mayor and City Council From: Diane Ward, City Clerk Date: August 11, 2016 Re: NILMDTS Remembrance Walk BACKGROUND Attached is a special event application for an event organized by Now I Lay Me Down to Sleep (NILMDTS), which is a national organization that provides heirloom portraits to families that have lost babies. The organization held their walk last year in Lowell Park in September and there were no issues. This year they are proposing to hold the Remembrance Walk on Saturday, September 9, 2017, in same location. Set-up would begin on Friday afternoon and before the event starts early Saturday morning with cleanup done by 4 p.m.. There will be a ceremony, reading of baby's names, a guest speaker, live music in the gazebo, and a butterfly release followed by a short one mile walk. The organizer will be charged for one (1) police officer for traffic control on Mulberry, park rental fees, picnic tables, extra trash receptacles, barricades, according to the 2017 Fee Schedule. RECOMMENDATION Staff recommends approval of the event. ACTION REQUIRED Council should review the event application and if they concur with the recommendation, approve the event. Tel EINTII►LACE OF MINNESOTA EVENTS PERMIT APPLICATIO 216 North 4th Street, Stillwater, MN 55 Telephone: 651-430-8837 Fax: 651-43 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: 12/28/16 Type: Event peclat' Eve Event Information Title/Name of Event Remembrance Walk September 8th, 2017 1600 2100 Event Date/Time: Set up: Date Time to September 9th, 2017 0600 1300 Actual Event: Date Time to September 9th, 2017 1300 1600 Clean up: Date Time to (Events after 10:00 p.m. require a variance from City Council: Location (Address) of Event: North Lowell Park for event, all of Lowell park walking paths. (If in Lowell Park please specify north or south Lowell park) Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater webslte) Now I Lay Me Down To Sleep (Nilmdts) Infant Loss Remembrance Walk is for parents, family members, and friends to come together to remember a precious baby who has died due to miscarriage, stillbirth, SIDS, neonatal or any type of pregnancy or infant loss. Registration for this event is open to the public, participants need not have received Nilmdts services to participate. Estimated Attendance (participants and spectators): 1500 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Now I Lay Me Down To Sleep Mailing Address: 7500 East Arapahoe Road, Suite 101 City, State, Zip Code: Centennial, CO 80112 Primary Contact/Applicant Name: Heather Lombardo and Karla Shaffer Phone Number: 651-329-5363 (Heather) Fax: Cell Phone: 303-589-1640 (Karla) Email Address: NilmdtsMN@gmail.com Website Address: NILMDTS.org Name of contact person during event: Heather Lombardo Cell Phone: 651-329-5363 Alternate contact during event: Karla Shaffer Cell Phone: 303-589-1640 Refer media or citizens inquires to: Jessica Person Phone: 612-414-8206 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features app. 50 24x36in. baby name signs Will any signs/banners be put up No ■ Yes ;._ Number and size: along path, various event signs tbd. Will there be any inflatables? No Yes ■ Insurance certificate from rental vendor is required Musician to perform a few Fees far electricity may Will there be entertainment? No ■ Yes "i What type: songs during event. apply see Instructions 09:00-12:00 on 9/9/17, speakers, Will sound amplification be used? No • Yes Hours and Type: sound board. Will a stage or tent(s) be set up? No • Yes "_i Dimensions: Tents from 10x10, 20x20 and 30x30 Will there be temporary fencing? No Yes ■ How many No food vendors. Fees for electricity may Will merchandise/food items be sold? No • Yes app 10 vendors vendors expected: apply see Instructions Will food be prepared on site? No ', Yes • Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No '.i Yes • Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No , i Yes • See Alcohol Regulations in the Instructions Will alcohol be sold? No �y Yes ■ See Alcohol Regulations in the Instructions Will there be a fireworks display? No ® Yes ■ Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. Electricity for vendors at Amphitheater, electricity at Pavilion for musicians and event speakers. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available Flyers, social media, press release, tv interviews. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. 0600-1400 09/09/17 City Streets or Right-of-way No • Yes `i Start/End Time: Date: 0600-1400 09/09/17 City Sidewalks or Trails No • Yes "i Start/End Time: Date: Public Parking Lots or Spaces No IS Yes ' ! Start/End Time: 0600-1400 Date: 09/09/17 Fees may apply Will event need barricade(s)? No • Yes !* Number needed: 5 see Instructions Fees may apply Will extra picnic tables be needed? No • Yes n Number needed: 10 see Instructions Fees may apply Will portable restrooms be needed? No ■ Yes —1 Number needed: 1 see Instructions Fees may apply Will extra trash receptacles be needed? No ■ Yes Number needed: 6 see Instructions Describe trash removal and cleanup plan during and after event: Trash receptacles purchased through the city to be removed by city staff. Event volunteers shall remove all event items during clean up as well as picking up any trash left by participants. Will event need traffic control? No U Yes 4-' Contact Stitlwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: One hired Stillwater Officer to assist with vehicle traffic control during active walk period. Event volunteers to assist with walk traffic direction during event. Fees mayapply see Instructions Will "No Parking Signs" be needed? No Yes U Number needed: Show location(s) on site map Will event need security? No ■ Yes ® If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Event volunteer to remain in park overnight to monitor tents and port -a -potty. Will event need EMS services? No ® Yes MI Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: 1- E.M.T and 2- First Responders will be on site in a first aid tent to administer basic first aid and if necessary, render assistance for urgent needs until city emergency services arrives. Describe the emergency action plan if severe weather should arise: Event organizers shall monitor weather conditions throughout the day and consult with the hired Stillwater officer should weather be of concern. Participants will be directed out of park if lightening or tornados are expected. List any other pertinent information: Non perishable food items will be given to walk day volunteers during set up. We will forward information to Washington County Health Department. The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwaterarld is a release of Liabilit . y%a Ski /f eG/I I —71 Signature'of Applicant or AutfidrizedAge Date Warden's House Museum I T Laurel St' stair Mulberry St atairs Vendor Registration Portable Restroom Volunteer, Food, EMS Tents jwate Public Parking Downtown Stillwater 2014 l- storic Courthouse Legend City Parking Lot City Parking Ramp Tour bus parking _ Tour bus loading/unloading Free parking • Pay parking Free parking after office hours Parking ONLY for co-op customers ® Public restrooms Numbers in circles = hour limits for free parking lots Map produced by Stillwater Parking Commission 3/20/14 Barricades Registration & Vendor tent Misc smaller tents Walk Route From Pavilion: South on Sam Bloomer Way East on Nelson onto path Follow walking path North West on Mulberry to path North West along trail parking lot South along Main Street sidewalk East on Mulberry back into Lowell Park Addendum Remembrance Walk application for September 9, 2017 Additional information: Please note the additional information in the "City Services" section: The only street that will be closed prior to the event, during the event and during the clean up period is the small section of Sam Bloomer Way that comes off of the City Pavilion - approximately 300 feet. 2017 STREET IMPROVEMENT PROJECT FEASIBILITY STUDY FEBRUARY 21, 2017 2017 STREET IMPROVEMENT PROJECT • Streets were selected based on the conditions of the streets as identified in the 2013 Pavement Management Plan • Mill and overlay streets show signs of deterioration, but still have structural strength • Reconstruct streets are in poor condition and lack pavement structural strength • City Council authorized the Feasibility Study on November 1, 2016. 2016 STREET IMPROVEMENT PROJEC Mill anderla 2017 STREET IMPROVEMENT PROJECT FEASABILITY STUDY AREA LEGEND (PROJECT TYPE) - PROPOSED 'MILL/OVERLAY — PROPOSED PARTIAL RECONSTRTJCT jftater U 1000 20GT 400E SCALE IN FLET IIA, PTLEVIOOJ CT,I SAC ST. V EELE'i ST. 5. BRICK ST. S M -M'' -CCK ST. S GROVE ST. A :`_NTTR ST. BENSON BLVD.E MR AG FARA RD SURREY LN._ PADDOCK CIR. TROTTER CT. SUAVE CREST-ELTO. IINTUSTTS1 01 v11.1 Eby. .STATE I-Wv 36 260 AVE. 5 3RD AYES 4TH AVE. S 5TH ARE 5 V, ROVE S?. E BURLINGTON 51. I.DUIS ST. F Highlands Benson Blvd East Driving Park Road Surrey Lane Trotter Court Paddock Circle Industrial Blvd South Sixth Street (Pine to Olive) Myrtlewood Court Southeast Area Second Ave S/Hillcrest Third Ave S Fourth Ave S Fifth Ave S E. St. Louis E. Burlington( Fifth Ave S to Third Ave S) E. fubuque ( Fifth Ave S to Third Ave S 2.7 miles total Mill and Overla 2017 STREET IMPROVEMENT PROJECT 2017 STREET IMPROVEMENT PROJECT FEASABILITY STUDY AREA LEGEND (PROJECT TYPE) - PROPOSED 'MILL/OVERLAY — PROPOSED PARTIAL RECONSTRTJCT 0 1000 2000 4000 SCALE IN FEET MOORE ST. WI IMY PTLE'VOOJ CT,I DAC ST. 0 iEELE'i ST. 3 BRICK ST. 5 M -M'' -CCK ST. S GROVE ST. V :`_ATTR ST. 6TH ST. I BENSON BLVD.E DFIY AG FARK RD SURREY LN._ PADDOCK CIR. TROTTER CT. Moore Street • v v ....a m Street —Myrtle tof Street- Hancock to Or1ean's''`4 Oak Neighborhood enter Street (Pine to Olive) Grove Street (Pine to Olive) Hemlock Street (Pine to Cliff �-ir'k Ctrl t (Pirie fr (1I iv.iek)',, ' Eby. .STATE I-' v. 36 DOE AVE. 5 3RD AVE S 4141 AVE. S 5TH AVE. 5, DLBUOUE S?. E BURLINGTON -ST.—' 51. LOUIS ST. F` MILL AND OVERLAY • Highlands, Southeast Area, Sixth Street So, and Myrtle wood Court- 2.72 miles • Constructed in mid 1990's • Existing pavement section consist of 6" gravel and 4" asphalt • Propose 1.5" Mill and Overlay • Repair curbs and sidewalks, catch basins and manholes • Total # of properties — 257 • Estimated Cost- $669,572 MILL AND OVERLAY INDUSTRIAL BOULEVARD -4.750L Constructed in 1977 and 1980 2200 feet in length Propose 2" Mill and Overlay Repair curb and gutter and storm inlets Estimated cost $160,384.19 74 STREET RECONSTRUCTION • Moore Street, Oak Street Neighborhood, S. Sixth Street and William Street. 1.60 mile of street. • Moore Street constructed in 1962 and Oak Neighborhood , William and S. Sixth in 1969-1970. • Streets constructed with curb and gutter and storm sewer. • Existing pavement section consist anywhere from 1"- 4" asphalt and 0-12" gravel. • Propose to work within curbed area and rebuild street section to 7 ton design road.( Min. 6 inches of gravel and 4 inches of asphalt) • Repair curbs, catch basins and sanitary manholes. • Replace galvanize water services and one joint sanitary service. STREET RECONSTRCUTION • Two Proposed methods to rebuild street section. • Partial Reconstruction -In area where gravel section is 10" or more, remove excess gravel , install 4" Asphalt. (N. half of Seeley and Hemlock, Brick and S. half of Sixth . • Total Reconstruction — Remove existing pavement section, excavate to subgrade depth, install 6" gravel and 4 inches of asphalt. (Moore, William, N. half of Sixth, Oak, South half of Seeley, and Hemlock, Center and Grove. • Rain gardens required to meet volume control per Middle St. Croix WMO. 2017 STREET IMPROVEMENT- RECONSTRUCTION 1704— 315 1612:32f4,..177 71 '315 311 17 13 1618 `c" 2-1.17 321. 322 112 1124 1205 12.66 —1211 x ' 1215 122Q1' 1303 1302 .1309 130:154,. 'e-13171316 '1325 132 1333 133e. — 1337 J338_ .1422 p, 1401 — 4"71c 1405 1423 • NS RE: 1410 Partial Reconstruction STREET RECONSTRUCTION SU MARY TOTAL RECONSTRUCTION • LENGTH OF TOTAL RECONSTRUCTION - 1.2 miles • # OF PROPERTIES - 94 • TOTAL RECONSTUCTION COSTS $1,132,043.71 • WATER SERVICE REPLACEMENT COSTS (5) $14,175 • JOINT SANITARY SEWER DISCONNECT (1) $3400 PARTIAL RECONSTRUCTION • LENGTH OF PARTIAL RECONSTRUCTION 0.34 mile • # OF PROPERTIES 32 • PARTIAL RECONSTUCTION COSTS $249,797.55 STREET RECONSTRUCTION COSTS $1,399,416.26 2017 STREET IMPROVEMENT PROJECT PROJECT COSTS Project • Mill and Overlay • Reconstruction Estimated Costs $829,956.25 $1,399,416.26 • TOTAL PROJECT COSTS $2,229,372.51 FINANCING • Projects financed through City funds and Assessments • Industrial Park- 100% assessed, • Mill and Overlay Streets- 80% Assessed • Street Reconstruction- 70% Assessed, • State Aids Streets*- 50% Assessed * Burlington - Fourth Ave to Fifth Ave and Fourth Ave S- Orleans to Burlington • Water services sanitary sewer replacement -100% assessed PROPOSED ASSESSMENTS STREETS • Footage method ( Non-residential properties) • Unit method for residential property • Standard interior lot: 1 unit • Corner lot: 0.5 units for each side improved • Multi -family 1+ 0.2 each additional unit Preliminary Project Cost Summary Table Type Assessment Rate Footage No. of Properties Assess Units Assessment Amount MILL AND OVERLAY Highlands, Southeast Area, Sixth St Myrtlewood Court $2,158.13/unit 230 217.5 $469,393.28 State Aid Streets Fourth Ave Burlington Ave $1348.83/unit 26 20 $26,976.60 Non residential $23.37/If 988 $23,08 $23,089.56 Industrial Blvd $47.73/If $160,384.19 STREET RECONSTUCTION Total Reconstruction- residential $7582/unit 94 79.5 $602,769 Total Reconstruction- commercial/institutional $79.49 If 2386 $189,663.14 Partial Reconstruction- residential $5600.43/unit 31 23.6 $132,170.14 Partial Reconstruction- commercial /institutional $64.48 660 $42,688.80 Galvanized Water Services $ 2835 /unit 5 5 $14,175 Sanitary sewer repair $3400/unit 1 1 $3400.00 PROPOSED ASSESSED COST $1,664,709.71 PROPOSED CITY COST $564,662.80 TOTAL PROJECT COST 1.1111.1 $2,229,372.51 MILL AND OVERLAY AREAS Assessment = $2158.13/unit II! i 1 FP 180 /I'°� 'A ST 051 FANS �a 47. 418 U, 3 424 Cc,' 4253 432 425 422 Assessment= $1358.83/unit 2017 STREET IMPROVEMENT- RECONSTRUCTION 1704— 315 1612:32f4,..177 71 '315 311 17 13 1618 `c" 2-1.17 321. 322 112 1124 1205 12.66 —1211 x ' 1215 122Q1' 1303 1302 .1309 130:154,. 'e-13171316 '1325 132 1333 133e. — 1337 J338_ .1422 p, 1401 — 4"71c 1405 1423 • NS RE: 1410 $5600/unit ASSESSM M ENT RATE EVALUATION City Policy Reconstruct 70% Mill and Overlay 80% I Reconstruct 60% Mill and Overlay 65% I Reconstruci 50% Mill and Overlay 50% Total Reconstruct $7582/Unit I $6498/unit I .?5415/unit Partial Reconstruct $5600/Unit I $4800/unit I $4000/unit Mill and Overlay $2158.13/unit I $1753.47/unit .1.348.82/unit Total Assessment amount $1,486,740 I $1,256,321 $1,025,70;' City Cost $564,662.80 I $795,092.02 I X1,025,707 DIFFERENCE I $230,429.221 $461,043.87 PROPOSED IMPROVEMENT SCHEDULE • Authorization of Feasibility Study • Neighborhood meetings • Feasibility Study • Public Hearing • Approve plans • Award b i d • Construction • Assessment Hearing November 1, 2016 December 2016 February 21st, 2017 March 21st, 2017 April 4th , 2017 May 2nd, 2017 June - October, 2017 October 3rd, 2017 RECOMMENDATION • PROJECT IS TECHNICALLY AND FINANCIALLY FEASIBLE. • APPROVE FEASIBILITY STUDY AND ORDER PUBLIC HEARING FOR MARCH 21, 2017. ti1 Iwafer Administration MEMO DATE: February 21, 2017 TO: Stillwater City Council FROM: Tom McCarty, City Administrator SUBJECT: City of Stillwater 2017 Legislative Agenda Items Background At the February 7 City Council meeting, the Council requested further information regarding the 2016 Legislative Agenda. The 2016 Legislative Agenda that was shared with the City's State Legislators is attached for your information. During further conversations with the City's State Legislators, the legislators prefer that the City email the final list of legislative items to them, and as the State Legislature is currently in session, the legislators also requested that the City schedule meetings at their Capitol offices to discuss the City's legislative agenda. Action The City Council should determine the final list of priority legislative items to be shared with the City's State Legislators and direct staff to forward the final list to the Legislators and establish meeting dates/times with the Legislators as necessary. 216 4th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us DATE: February 16, 2016 TO: Senator Karen Housley Representative Bob Dettmer Representative Kathy Lohmer FROM: Mayor Ted Kozlowski Council Member Mike Polehna Council Member Doug Menikheim Council Member Dave Junker Council Member Tom Weidner SUBJECT: City of Stillwater Legislative Agenda In addition to the legislative priorities established by the League of Minnesota Cities and MetroCities organizations representing municipal government in Minnesota, the Stillwater City Council has developed a number of specific legislative items that are important to the Stillwater community for the upcoming state legislative session. CITY OF STILLWATER 2016 LEGISLATIVE AGENDA ITEMS Trail and Park Systems -Brown's Creek Trail Maintenance funds - DNR -Brown's Creek Park, parking lot construction adjacent to Brown's Creek Trail -Brown's Creek Park - restrooms & groomer storage building (at parking lot adjacent to Brown's Creek Trail) -Bridgeview Park (south of downtown along St. Croix River), bank erosion along new Loop Trail -Hwy 95, Entrance Monument and Trailhead Parking (south side of City near Sunnyside Marina) Economic Development -Stillwater Armory (historic) disposition / planning & acquisition funds -Aiple property, existing home and park development -Downtown Facade Program funding -Overhead Power Line Relocation in Lowell Park -State property tax reduction to assist businesses in community Public Safety -Body cameras, legislation regarding disposition of data -Pass through of EM grant funds to counties and cities -Full funding for design and construction on new State Emergency Ops Center Other Issues -City Street Funding -Sales Tax Exemption on Construction Materials Elections -Early Voting City of Stillwater Legislative Agenda Background Information February 23, 2016 Trail and Park Systems -Brown's Creek Park, parking lot construction adjacent to Brown's Creek Trail, -Brown's Creek Park - restrooms & groomer storage building (at parking lot adjacent to Brown's Creek Trail). With the completion of the new Browns Creek Trail, bike and pedestrian traffic will increase in the area. Browns Creek Park serves as a trailhead for trail users in the region which in turn will create the need and demand for better parking and modern bathroom facilities. State funding assistance for completion of these improvements is requested as the improvements will bolster tourism activities related to the Browns Creek Trail system. -Bridgeview Park (south of downtown along St. Croix River), bank erosion along new Loop Trail. The shoreline along the St. Croix River is eroding and in need of shoreline restoration/stabilization to protect the city's infrastructure. This include the City's Trunk sanitary sewer that serves the entire city, newly installed bike trail, parking lots and one local business. State funding assistance for shoreline stabilization will help protect the State's investment in the Trail system. -Hwy 95, Entrance Monument and Trailhead Parking (south side of City near Sunnyside Marina) Construction of the St. Croix River Crossing Project includes the construction of a Loop Trail, located on the Wisconsin and Minnesota side of the St Croix Rive and crosses at the lift bridge and the new St. Croix River Crossing Bridge. A parking lot on the south side of the City at the Sunnyside entrance will serve a trail head for users of the trail. This location is also selected for an entrance monument into the City and its historic district. Encourage MNDOT to include this improvement as a component of the St. Croix River Crossing Project. -Brown's Creek Trail DNR Maintenance Funds. Urge the DNR to provide adequate summer and winter maintenance funds for the Brown's Creek State Trail system, consistent with maintenance funds and activities for the Gateway Trail. Economic Development -Stillwater Armory - Disposition Old Armory Building. Support state assistance for planning and acquisition funds for the Old Armory Building in Downtown Stillwater. The building is in a prime location for potential economic development opportunities in Downtown Stillwater to help bolster the local economy. -Aiple Property - Park Development. Thank you for supporting funding for acquisition of the Aiple property north of downtown Stillwater along the St. Croix River. In the next phase of activities for this property, state funding assistance for planning for future use of the property as parkland would benefit the community and region as visitors to the St Croix River Valley search for natural settings to view the River. -Downtown Facade Program. Continue funding support for current economic development and redevelopment funding programs within DEED and other state agencies to assist communities. -Overhead Power Line Relocation in Lowell Park Overhead power lines run along Historic Lowell Park in downtown Stillwater which are an obstruction of the views of the St. Croix River. The City would like to relocate these lines underground from Nelson Street to Laurel Street. -State Property Tax Reduction to Assist Businesses in Community. Reduce state property tax assessment on local businesses as a means to reduce tax burden on business operations in our communities. Public Safety -Body Cameras, Legislation Regarding Disposition of Data. Pass legislation to standardize the classification of data derived from public safety body worn cameras. -Pass Through of EM Grant Funds to Counties and Cities. Emergency Management Assistance Performance Grants (EMPG) are Federal dollars submitted to States to assist in developing and funding emergency preparedness activities. Currently there is no requirement to pass this funding along to Counties or Cities. Counties and Cities need this funding to help improve their EM programs and are the first line of response during a major event or disaster. -Full Funding for Design and Construction on New State Emergency Ops Center. The State is in need of a dedicated, secure emergency operations center. This facility needs to be able to respond to statewide and local events to ensure a common operating picture and to respond safely and efficiently to our residents' needs. Other Issues -City Street Funding. Support stable and sufficient transportation funding and local tools to meet the long term transportation system needs of Stillwater's local municipal transportation system. -Sales Tax Exemption on Construction Materials - Support the reinstatement of the sales tax exemption for purchases of goods and services made by cities. -City Council Support of Washington County HRA/EDA Legislation. The City Council supports the Washington County proposed legislation granting Economic Development Authority powers to the County Housing and Redevelopment Authority (HRA). See attached City Resolution. i 1 1\a' t e c 114E O IRT MPLACE OF MINNESOTA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North February 21, 2017 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of February 7, 2017 regular, closed session, and recessed meeting minutes. V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Resolution 2017-028, Certificate of Appreciation: Retirement of Jeff Magler, Police Department 3. Resolution 2017-029, Resolution 2017-030, Certificates of Appreciation: Retirements of Lynne Bertalmio & Carolyn Blocher, Library 4. Introduction of Interim Library Director - Melissa Brechon 5. CVB Annual Report - President Jerry Helmberger & Christie Rosckes VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 6. Police Chief 7. Fire Chief 8. City Clerk 9. Community Development Dir. - Annual Report (Available Tuesday) 10. Public Works Dir. 11. Finance Director 12. City Attorney - Lodging Tax information 13. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 14. Resolution 2017-031, directing the payment of bills 15. Resolution 2017-032, approval of Parking Ramp cleaning contract (available Tuesday) 16. Resolution 2017-033, approval of Dock Permit for St. Croix Boat & Packet and Wharfage Permit for Gondola (available Tuesday) 17. Resolution 2017-034, resolution approving City of Stillwater hiring practice policy for vacant, new, seasonal, temporary and part-time positions 18. Resolution 2017-035, approving contract with RES Specialty Pyrotechnics 19. Resolution 2017-036, approving the HSA Adoption Agreement - Health Saving Account Master Service Agreement, FSA Adoption Agreement - Section 125 Cafeteria -Flexible Benefits Plan Master Services Agreement and respective plan summaries with MII Life, Inc., DBA: SelectAccount 20. Possible approval of Pay Equity Report 21. Resolution 2017-037, accepting proposal from FlahertyiHood for Job Evaluation Points Review and Amendment to Classification/Compensation Contract 22. Resolution 2017-038, approving issuance of a new On -sale and Sunday Liquor Licenses - 3rd Street Post 23. Resolution 2017-039, accepting work and ordering final payment for North Mulberry Parking Lot Improvement (Project 2012-06C) 24. Resolution 2017-040, approval of Development Fee Rates for 2017 25. Resolution 2017-041, approval of the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement with St. Croix Caterers, Inc. 26. Resolution 2017-042, approval of expenditure for evidence tracking software - Police Department 27. Possible approval of Sanitary Sewer Adjustments IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. None. X. UNFINISHED BUSINESS 28. Possible approval of 2017 Cruisin on the Croix Special Event Contract (Resolution - Roll Call) 29. Discussion and consideration of additional pavers at Veterans Memorial 30. Discussion on Johnson Controls Solutions Initiative to reduce energy costs 31. Possible approval of Legislative Agenda (available Tuesday) XI. NEW BUSINESS 32. Possible approval of SUP approval on North Main Street hotel project (Resolution - Roll Call) 33. Possible approval to purchase fire truck 34. Possible receiving of feasibility report and calling for hearing on the 2017 Street Improvement Project (Resolution - Roll Call) 35. Possible approval of expenditure for Sport Court (Resolution - Roll Call) 36. Possible approval to purchase Vactor Truck - Public Works XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 37. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT 1\a' t ec 114E O IRT MPLACE OF MINNESOTA CITY COUNCIL MEETING MINUTES February 7, 2017 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:35 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison City Clerk Ward OTHER BUSINESS Discussion on Johnson Controls Solutions Initiative to reduce energy costs Trish Curtis and Doug Maust, of Johnson Controls and The Solutions Group, explained a proposal for Performance Contracting with the City to look at current operational costs and identify potential energy savings. Ms. Curtis presented potential savings opportunities identified on a walk-through of City Hall, the library, ice arena and fieldhouse, and public works. Mr. Maust provided an overview of present energy use. He stated that City Hall uses more energy than is normal for other city halls in the region; the library falls in the middle range and is operating fairly efficiently; and the ice arena is operating efficiently, but it is the largest energy consumer and has some equipment approaching the end of its life. LED lighting would be a major improvement, which could generate savings to help offset improvements in other areas. Improvements could generate around $60,000 worth of reduced annual utility costs, plus $20,000 operational cost savings per year associated with lighting. Councilmember Weidner pointed out that the City does not control the library, so he thought perhaps it should be taken out of the equation. Mr. Maust explained that in general the improvements suggested have a life expectancy of 20-25 years. The loan range would be about 10-15 years, so by making this investment, the City would be cost neutral for the first 10-15 years and then money ahead for the balance. Councilmember Polehna asked how this program would be different from what Xcel Energy is doing for the City, for instance with the dome; and Ms. Curtis answered that Xcel Energy is not providing a performance contract, nor guaranteeing the success or savings of those facilities. They City Council Meeting February 7, 2017 do not find the funding or act as a construction manager for those projects, whereas Johnson Control does, and it takes on the risk. They are asking the Council to take the next step, an investment grade audit to quantify and guarantee energy savings, and then City staff would help select which items to address. On a question by Councilmember Polehna about how the energy audit information would be any different than the PBEEP system with the state, and Mr. Maust replied that he spent many years doing PBEEP analysis. The difference is that, as a performance contractor, he has to be careful in how analysis is done so they can stand by the results. Councilmember Polehna recalled that maybe two years ago the City redid its HVAC system and he was fairly sure that Johnson Controls did it. He asked if they would have looked at this type of information then. Mr. Maust replied in general, no - when building under a construction contract, the first obligation is to get everything up and working right. Ms. Curtis reiterated that the next step would be to enter into a project development agreement. An investment grade audit would take about 90 days to complete. The cost of the project development agreement is rolled into the price of contract as a line item. She stated the fee for the audit would be $16,400 - a cost share which does not reflect the full cost to do the development and design. Councilmember Weidner asked for clarification about the amounts of money the City may have to invest into the program. He feels that to spend $16,000 for more specificity does not make sense. Ms. Curtis responded that if the terms within the agreement are not met, then the City would not pay. Councilmember Polehna stated he would not want to make a decision tonight; he would want to talk with Mr. McCarty and other staff first. Discussion on Legislative Agenda City Administrator McCarty led discussion of projects that may benefit from state assistance or support of the City's area legislators, including trail and park systems, economic development, public safety, and other issues. He asked Councilmembers to help identify high priority items. Mayor Kozlowski suggested focusing on projects that are specific to Stillwater rather than things that other communities throughout the state will also be lobbying for. Councilmembers Weidner and Polehna agreed. City Administrator McCarty asked the Councilmembers to identify specific items to him and the City Clerk and they will finalize the list and set up meetings with the legislators. STAFF REPORTS Public Works Director Sanders informed the Council of a public meeting tomorrow about safety improvements that Washington County is planning for Osgood Avenue in 2018. Councilmember Junker noted he has heard a lot of comments from people who are pleased that the City is plowing Brown's Creek Trail. City Administrator McCarty acknowledged the great success of Hockey Day Minnesota. He reminded the Council that Washington County Emergency Management staff will conduct training for elected officials on February 16 at the new Armory Building. Page 2 of 8 City Council Meeting February 7, 2017 RECESS Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn the meeting at 5:13 p.m. to closed session for labor negotiations strategy, pursuant to Minnesota Statutes §13D.03. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of the January 17, 2017 special meeting, executive session and regular meeting Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve the January 17, 2017 special, executive session and regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Swearing in of Officers Keith Frank, Trent Prince, Brady Klingfus and acknowledging promotion of Andrea Olson to Sergeant Police Chief Gannaway introduced the recently hired officers and acknowledged the promotion of Sergeant Olson. Mayor Kozlowski conducted the swearing in of Officers Frank, Prince, and Klingfus. Mayor Kozlowski acknowledged the presence of Boy Scout Troop 162 from Stillwater; State Senator Karin Housley; and State Representative Kathy Lohmer. Page 3 of 8 City Council Meeting February 7, 2017 OPEN FORUM John Bickner, 804 West Stillwater Avenue, asked the Council to consider adopting an ordinance prohibiting the use of wood for heating homes because wood smoke is toxic and causes respiratory issues. He feels the nuisance ordinance is too vague to address this issue. CONSENT AGENDA Resolution 2017-019, directing the payment of bills Resolution 2017-020, a resolution approving the abatement of certain special assessments Resolution 2017-021, approval of 2017 Forestry Consultant Agreement Resolution 2017-022, approving 2017 special event and contract Farmers Market Resolution 2017-023, approval of proposal with Hoisington Koegler Group Inc. Resolution 2017-024, approval of proposal with Landscape Research LLC. Possible approval of temporary liquor licenses for Stillwater Public Library Foundation — July 4 and September 22, 2017 Possible authorization to hire Seasonal Positions — Public Works — Maintenance Worker I, Police — Parking Attendants and Community Service Officers Possible approval of temporary liquor license for Fun -Fest - Church of St. Michael Councilmember Polehna asked to pull the possible authorization to hire seasonal positions. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt the Consent Agenda as amended. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Councilmember Polehna stated he would like to see a change in policy so that once the Council approves a department's budget, staff would be authorized to hire seasonal employees. Motion by Councilmember Polehna, seconded by Councilmember Junker, to authorize the hiring of Seasonal Positions — Public Works — Maintenance Worker I, Police — Parking Attendants and Community Service Officers. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None City Administrator McCarty agreed to bring back a resolution granting staff authority to fill positions that are season or vacant. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Possible approval of the second reading of Ordinance 1090, an Ordinance amending the Stillwater City Code Section 31, regarding Site Plan Review Community Development Director Turnblad explained that on January 17, 2017 the Council held a public hearing and first reading on a proposed site plan review ordinance. The first reading was Page 4 of 8 City Council Meeting February 7, 2017 approved with direction to staff to revise the draft for the second reading by adding language that would define a project as all construction/reconstruction/use change that occurs on a property within a 10 year period; and adding language that if a property meets the 20,000 square foot threshold, but as little as 12,000 square feet is proposed for construction/reconstruction/use change, then the project will be required to apply for a site plan review Conditional Use Permit (CUP). Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve second reading of Ordinance 1090, an ordinance amending City Code Chapter 31 by requiring site plan review conditional use permits for all large building projects in the CBD Zoning District. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None Possible approval of the second reading of Ordinance 1091, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance, by Amending the Zoning Map of the City to rezone certain properties within the Central Business District by adding them to the Central Business District Blufftop Height Overlay District Community Development Director Turnblad stated that at the last regularly -scheduled meeting, the Council heard an application from Jon Whitcomb to change the height overlay district classification of certain parcels at the NE corner of Myrtle Street and 3rd Street to CBDB, Central Business District Bluffside. The Council voted to deny rezoning to CBDB and instead to rezone them to CBDBT, Central Business District Blufftop. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve second reading of Ordinance 1091, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance, by Amending the Zoning Map of the City to rezone certain properties within the Central Business District by adding them to the Central Business District Blufftop Height Overlay District. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None Possible approval of updated Aiple property Concept Park Plan Community Development Director Turnblad stated that at the January 17, 2017 meeting, the Council discussed the Concept Park Plan for the former Aiple property. There was a consensus that the plan was acceptable as long as the option was preserved to re -use the former Aiple house rather than demolish it. Subsequently, City Attorney Magnuson developed corresponding language that has been added to the Concept Plan. Staff requests the Council approve the Concept Park Plan. Motion by Councilmember Junker, seconded by Councilmember Weidner, to adopt Resolution 2017- 025, a resolution adopting the concept park plan for the former Aiple property. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None Page 5 of 8 City Council Meeting February 7, 2017 NEW BUSINESS Possible approval of 2017 Cruisin' on the Croix Car Show contract and event City Clerk Ward stated that Frank Fabio is proposing that the vintage and hot rod car show would be held from 3-9 p.m. on 15 Wednesday evenings from June 7 to September 13. The Downtown Parking Commission recommended that the Cruisin' on the Croix Car Show be limited this year to four event dates: 6/14, 7/12, 8/9 and 9/13 due to the heavy demand this summer on parking lots because of the North Main Hotel and the Wolf Block Hotel construction projects. If the North Main Hotel project is not approved by the Council, then the Downtown Parking Commission would recommend approving eight event dates. Ms. Ward stated that the City received a letter from Tom Wortman, TreMar, LLC, owner of 219 & 221 Main Street North, expressing concern about the number of event dates proposed. Staff recommends that the Downtown Parking Commission's recommendation be accepted and that the event organizer be charged for services and materials according to the 2017 fee schedule. Councilmember Junker elaborated on the recommendation of the Downtown Parking Commission. He pointed out that the requested 159 parking spots represent 42% of the total number of spots on the north side of the bridge. With hotel construction on both ends of the City, the Commission's goal was to reduce the number of events from eight last year to four due to parking pressures. Community Development Director Turnblad added that a primary concern of the Downtown Parking Commission was that the spaces in the reserved lots have to be blocked off all day long. Mayor Kozlowski stated he supports the event, but feels there's a way to do it without blocking the spaces off all day. He heard many complaints last year about Lot 10 being closed and seeing wide open parking spots all day that they cannot use. Councilmember Weidner pointed out he originally proposed the reduction in the number of events last year and he is not in favor of expanding it again. Frank Fabio explained his plan to try to police the lots and allow people to park. He would love to trade Lot 10 for the lot next to River Market. He stated he has talked with Mead Stone to try to work out a deal with him for barricading the lot and having a person there asking drivers if they are going to the car show or River Market and if not, directing them to a different lot. Mr. Fabio stated he would prefer not to anger the boaters by blocking Lot 10. Councilmember Junker indicated that the tradeoff of Lot 8B instead of Lot 10 would result in an additional 30 spots for the car show. He referred to the letter from Mr. Wortman, whose one building alone has over 100 employees. He feels the swap of the two parking lots has to be confirmed with River Market Co-op. Community Development Director Turnblad suggested that, before the Council approves of the swapping of the lots, staff needs to make certain Mr. Stone approves. He stated there are many complaints about River Market lot being constantly impacted by events. Mr. Fabio stated he needs to lock in dates and talk with sponsors, and would like the Council to approve the event tonight. Council consensus was to grant soft approval to Mr. Fabio for eight event dates, every other week starting June 7, with the understanding that the event will not use Lot 10, approval from Mr. Stone is required for the use of lot 8B and staff will bring back the contract for approval at the next meeting. Page 6 of 8 City Council Meeting February 7, 2017 Class Compensation Analysis from Flaherty & Hood PA Mayor Kozlowski added this item to the agenda and requested Council accept the following as recommended by Flaherty & Hood: 1. The proposed Position Classification Changes, included proposed job title changes and FLSA exemption proposed change as contained in the document titled Position Classification Change; 2. Proposed Flaherty & Hood Job Evaluation system as contained in the document titled Flaherty & Hood Job Evaluation System Summary; 3. Proposed job evaluation ratings for all positions as contained in the document titled City of Stillwater Proposed Job Evaluation Points, with further on-site review of all Library positions within 45 days by Flaherty & Hood; 4. Proposed 11 -step Overall Pay Grade System as contained in the document titled Base Pay Structure (Annual) 12-31-2016; 5. Proposed job evaluation rating appeal process as contained in the document titled Job Evaluation Points Appeal Process. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to accept the above recommendations from the consultant Flaherty & Hood. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna and Mayor Kozlowski Nays: None Possible approval of sidewalk snow removal contract amendment Community Development Director Turnblad informed the Council that with the addition of a new Zoning Administrator, staff would like to enforce snow removal in the downtown area the same way it is enforced in the residential neighborhoods - if snow is not removed within 24 hours of personal or written notice, then staff arranges for the snow removal contractor to do the work and bills the property owner. The current snow removal contract does not cover commercial properties, only residential, so it must be added to the contract. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2017-026, approving Addendum #1 to Contract for annual mowing, snow removal and clean up services. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Possible approval of cooperative agreement for MSCWMO project Public Works Director Sanders explained the 1875 Greeley improvement, a gully stabilization project that reroutes water away from the gully into the City storm water system. It is estimated to result in a 40 lb. phosphorus reduction from what is currently going into Lily Lake. The watershed organization is requesting $30,000 from the City to help fund the project. The School's contribution is donation of the land because most of the work is being done on their property. Staff recommends that the Council approve the expenditure of $30,000 from the Storm Water Utility Fund as the City's contribution to the project and sign the cooperative agreement for the 1875 Greeley Street South Drainage Improvement Project. Page 7 of 8 City Council Meeting February 7, 2017 Motion by Councilmember Menikheim, seconded by Councilmember Junker, to adopt Resolution 2017-027, approval of Cooperative Agreement between Middle St. Croix Watershed Management Organization, Stillwater Area Public Schools and the City of Stillwater. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None COMMUNICATIONS/REQUESTS There were no communications/requests. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Weidner, seconded by Councilmember Junker to move into closed session pursuant to 13D.03 MN Statutes for labor negotiations strategy discussion at 8:03 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2017-019, directing the payment of bills Resolution 2017-020, a resolution approving the abatement of certain special assessments Resolution 2017-021, approval of 2017 Forestry Consultant Agreement Resolution 2017-022, approving 2017 special event and contract Farmers Market Resolution 2017-023, approval of proposal with Hoisington Koegler Group Inc. Resolution 2017-024, approval of proposal with Landscape Research LLC. Resolution 2017-025, a resolution adopting the concept park plan for the former Aiple property Resolution 2017-026, approving Addendum #1 to Contract for annual mowing, snow removal and clean up services Resolution 2017-027, approval of Cooperative Agreement between Middle St. Croix Watershed Management Organization, Stillwater Area Public Schools and the City of Stillwater Ordinance 1090, an ordinance amending City Code Chapter 31 by requiring site plan review conditional use permits for all large building projects in the CBD Zoning District Ordinance 1091, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance, by Amending the Zoning Map of the City to rezone certain properties within the Central Business District by adding them to the Central Business District Blufftop Height Overlay District Page 8 of 8 City o4 StiQ.Qwaten, L Jtinnesota Centiticate of LAppneciation presented to RESOLUTION 2017-028 JEFF MAGLER WHEREAS, Jeff Nagler, has retired from City employment, as Police Sergeant, effective January 31, 2017. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, ..vlinnesota, that for his dedicated service to the City, Jeff Nagler is hereby commended for serving the City faithfully, efficiently and courteously for over 31 years. The CounciCregrets that he has retired from City employment, and extends to him their appreciation for his dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorizeclanddirectedto enter this Certificate of Appreciation upon the official record of the Council and to deliver a certified copy thereof to Jeff NagCer. .Adopted"by the City Council this 21st day of February, 2017. Mayon City of S ti&hWaten, LAitinnesota Centitieate of QAppiteeiation packed to RESOLUTION 2017-030 LYNNE BERTALMIO WHEREAS, Lynne BertaCmio is retiring from her _position as Library Director for the City of Stillwater, effective February 28, 2017. NOW THEREFORE, BE IT RESOLVED, by the City Councif of the City of Stillwater, Ninnesota, that for her service to the City of Stillwater, Lynne BertaCmio is hereby commendedfor serving the City for 42 1/2 years. The Councilregrets that she is retiring from City employment, and extends to her their appreciation for her dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorizedanddirectedto enter this Certificate of Appreciationupon the official record of the Council and to deliver a certified copy thereof to Lynne BertaCmio. .Adoptecdby the City Council this 21st day of February, 2017. City of tiQQwaten, utA iLllesota Centitieate ppt eiation pnesetnted to RESOLUTION 2017-029 CAROLYN BLOCHER WHEREAS, CaroCyn Blocher, is retiring from City employment, as .Assistant Library Director, effective April 3, 21917. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, ..Wlinnesota, that for her dedicated service to the City of Stillwater, CaroCyn Blocher is hereby commendedfor serving the City faithfully, efficiently and courteously for over 19 years. The Council regrets that she is retiring from City employment, and extends to her their appreciation for her dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized anddirectedto enter this Certificate of Appreciation upon the official record of the Council" and to deliver a certified copy thereof to CaroCyn Blocher. Adopted by the City Council this 21st day of February, 2017. AA ago Stillwater/OakPark Heights Convention & Visitor Bureau DiscoverSti I Iwater.com Annual Report to the City of Stillwater, Year End 2016 L I 5 O Y E R -`�- TILLWATER MIRTH C QF MINNi$4?6 To ;__?_*h for erm info. dsii .2.1Ekiztr 1 ABOUT GALLERY MEDIA DEALS IA+-rTSNE!. CONTACT DIRECTIONS LODGING DINING & NIG FIT LIFE BOUTIQUES EVENTS THINGS TO DO GROUPS MEETINGS WEDDINGS STILLWATER WELCOMES Y011! Discover Stillwater_ thelS48 Birthplace of Minnesota located on the scenic St. Croix River! A place where paddle wheel riverboats and gondolas glide the waters. Historic Main Street shopping. dining, lodging and entertainment are yours inside this charming river town where time stands still in the va!ley.There are so many things to do in Stillwater. Minnesota! Enjoy all four seasons in Still orator. MN... The robust colors of the bluffs in the Fall *gam) que,11 rI V! S TO R GUIDE CH EC IC OUT OUR ad Dada Tourism Tax Revenue* Accounts for... 17% of Minnesota's Taxes 20% Washington County's Taxes 30% Stillwater's Taxes/10% Gross Sales Our 100% Mission is Tourism Marketing The advertising and services we provide benefit: 1) Tourism Businesses (hotels, restaurants, attractions, events, and boutiques) 2) Supports quality of life assets enjoyed by both residents and visitors. 3) Helps portray Stillwater as a good place to live, work and do business. *Source: MN Dept. Revenue. Sales and Use Tax 2014 data Annual Report to the City of Stillwater, Year End 2016 2008-2016 LODGING TAXES COLLECTED Lodging Tax Income First Quarter 2008 2009 2010 2011 2012 2013 2014 2015 2016 AVE Stillwater $ 23,670 $ 25,052 $ 20,852 $ 24,920 $ 27,039 $ 25,091 $ 29,421 $ 29,616 $ 30,879 Oak Park H $ 4,316 $ 4,893 $ 3,910 $ 5,520 $ 4,548 $ 5,071 $ 4,8.53 $ 5,077 $ 4,667 $ 27,986 $ 29,945 $ 24,762 $ 30,440 $ 31,587 $ 30,162 $ 34,274 $ 34,693 $ 35,546 $ 31,044 2% Second Quarter Stillwater $ 41,572 $ 33,054 $ 36,407 $ 36,131 Oak Park H $ 7,199 $ 7,371 $ 6,307 $ 7,855 $ 7,574 $ 8,860 $ 8,987 $ 9,313 $ 7,849 Third Quarter Fourth Quarter $ 38,442 $ 42,815 $ 45,518 $ 51,227 $ 54,682 $ 48,771 $ 40,425 $ 42,714 $ 43,986 $ 46,016 $ 51,675 $ 54,505 $ 60,540 $ 62,531 $50,129.24 3% Stillwater $ 55,764 $ 41,929 $ 48,220 $ 53,376 $ 52,554 $ 59,423 $ 61,787 $ 69,321 $ 73,549 Oak Park H $ 3,273 $ 8,787 $ 9,757 $ 11,021 $ 10,191 $ 11,228 $ 11,675 $ 10,805 $ 10,948 $ 59,037 $ 50,716 $ 57,977 $ 64,397 $ 62,745 $ 70,651 $ 73,462 $ 80,126 Stillwater $ 31,427 $ 24,282 $ 20,164 $ 28,778 $ 32,024 $ 33,410 $ 37,967 $ 42,025 Oak Prk H $ 6,499 $ 4,919 $ 6,045 $ 6,560 $ 6,383 $ 6,629 $ 7,424 $ 6,480 $ 37,926 $ 29,201 $ 26,209 $ 35,338 $ 38,407 $ 40,039 $ 45,391 $ 48,505 $ 64,889 $ 37,627 Total for the year $173,720 $150,287 $151,662 $174,161 $178,755 $192,527 $207,632 5 223,864 $182,574 181,576 29% Program to Date • Consistent increase in revenue since recession with no major change in # rooms. •3rd Quarter 2016 highest on record. • Since 2008 (8 years), we've seen a 29% increase in lodging tax reAvenaueport to the City of Stillwater, Year End 2016 3711 .v. ter i0.•k P. k H6ight• STILLWITER 44%4 J WEBSITE GOGGLE ANALYTICS — 6 Years of Growth c' 0 0 i 300,000 250,000 200,000 150,000 100,000 50,000 DiscoverStiIIwater.com Annual Users 2011-2016 135,731 96,981 60,530 -4-7 60%4 • 40%4 205,569 51%4 367,640 296,866 0 — 2011 2012 201? 7 014 ■ 2015 ■ 2016 StIItuyterWak Perk Merphn Conventbn 6 Ynitar Bureeu Orrk Annual Report to the City of Stillwater, Year End 2016 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 45,998 I WEBSITE GOOGLE ANALYTICS — By Season Discover5tillwater.com Users 2015 vs 201634554 by Quarter 53780 I 81,395 7% 110,20 99537 686 9 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr (Jan/Feb/Mar) (Apr/May/June) (July/Aug/Sept) (Oct/Nov/Dec) ■ 2015 ■ 2016 60000 50000 40000 30000 20000 10000 0 18,739 792 28,936 17,847 817 20,555 107 110 Growth in Users by Month 2014 vs 2016 33,270 171 41,511 228 56,645 283 41,077 41,019 254 267 36,009 283 27,804 151 30,360 183 a ..ry February March .ril May June July August September October November December ■2014 ■2015 Con,,nt,on a �.,,Fo, Su,nou STILLWATER Dimm MStAI,.,torcom Annual Report to the City of Stillwater, Year End 2016 WEBSITE GOOGLE ANALYTICS—Top Pages events subdomain /things -to-do/ /lodging/ /dini ng -night -life/ /shopping/ /thi ngs-to-do/winerybrewe ry-hours/ /dini ng-night-life/fi ne-casual-dining/ /thi figs-to-do/on-the-water/ /thi ngs-to-do/romantic-escape s/ /weddings/ Top 10 Pages, 2016 Pageviews 108,442 429244 =43,887 026,247 •23,980 21,855 21,448 21,164 21,091 In 20,474 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 Top 2 referring Websites: mi facebook S1II4.rpet+,Oak Fork Htiph(1 Canwntlan Cr ...or ku+tou ,ow.. Il.at.r ,m Annual Report to the City of Stillwater, Year End 2016 2016 MARKETING PLANS Budget Overview 2016 Marketing Materials, $14,890, Advertising by Market, 2016 Meetings, $5,800, 4% Reserves, $7,000, 3%___� Groups, $600, 1% 111 Advertising By Medium, 2016 Operations, $79,300, 33% 011 Travel Directories, $16, 12% Direct Mail, $350, 0%2 Tradeshow/Association, $4,495, 3% Television, $10,000, 7% OUt of Home, $0, 0% Radio, $6,000, 4% S.t�liwaee..rpak Park ue .xl Oamrent ion f,Vnitor Bureau STILLWATER OacororSUli.otar corn Annual Report to the City of Stillwater, Year End 2016 2016 TOP 10 HIGHLIGHTS 1. Best Small CVB in Minnesota 2. Hiring Janel as Marketing Assistant. 3. Video in NYC Times Square during Thanksgiving 4. Exceeding Social Media Goals 5. Expanded Visitor Guide Again 6. Winter Events — Ice Castles & Hockey Day MN 7. Listed in Book: 1000 Places to See Before You Die 8. Signs of positive growth (new hotels, new large ven 9. Historic Brown Sign/Downtown History Kiosk 10. Holiday Advertising Push —tv, radio, digital, native article BIRTHPLACE OF MINNESOTA LODGING BOUTIQUE DISTRICT al HISTORIC WALKING TOUR 9 THINGS TO DO 101 RESTAURANTS El EVENTS CALENDAR AsIllwa[ArerCANk RAY1514641,1 CAnwont1011 A VA.!' Bur.au STILLiATER DiscAyeraillwatencom i https://www.youtube.com/watch?v=Ho9oDSEg1Ds&list=PLw14 8x6aQQ0kSL_Zg 1Q3, 47cN �, icigi Qnd 2016 Stlllvotar/Ook Pork Heights Convention B Visitor Bureau �t=mak C STILLWATER OltcoverSNllootor.00m MN lam J��F R— STIIIWATEROTA BIRTNFLACE OF MINNES ICE CHILES YOUR ROMANTIC WINTER ESCAPE Voted one of America's Most Picturesque Towns OISCOVERSTILLWATER.COM 2017 MARKETING PLANS VI\\=SOTA'S #1 STATION WELLS t'ABOO HOCKEY DAY MINNESOTA STILLWATER X 2017 Cr mom VISIT STIIIWATER THIS WINTER Yee Ca4tleb. (me hetet b :Ill ai:lr.+aya aid ..:. _ra, net tool c_Ia aid aliw•s res,:, w �•: :wyl�rtc 0y this 'rove- rand; ahnm-ra x.i-- al. -cin slurs and nRa dr. -c --e Ic?ern--ors ermte »ag cz gln v _ c,ted yrin tine in St. wryer +c r do..+x:s r. 7 oth_ m arf.xt - Lcn c see this he_unial arc. niceatn err,• cnvmlgnr - r„Knar axn,ata -Mkvarzr: r tr ..Ing `eslsura” l%rliuhtlifc au -.. 1. -cue slwai u, .•ax. yallrisa, craative studio a. cAnn.y acrs:-ox br rcrca a �c ncrcl Ihi.rxint,r.Stillvemer v.•ill tr_ v cmr: ntmn ns nna nr Amanesc Mast r'<hlra<n,w Sn-.in lnw•m C.I[A tatty -rnva 7. Fticnds, Family ar Enot tae._'_:: +r..xr _ rwr a_rt_. .,in.ua ln.,ac -pis+car! 41, mi OXPLORB MI M II e BOTH ,. aaM„aatemaa yl a.... state, a•ylh: ak•seo.aat _ STILIWATER WELCOMt its 573d IWRfEEk , , ---SITE OF HOCKEY DRY MINNESOTA 21117 1 At et - trIlcaata rOak Park Height. Cananntlon O `MOW, kur.au STILLWAIEH Discover °ter corn Annual Report to the City of Stillwater, Year End 2016 HOW THE CITY HELPS TOURISM • Providing amenities like public restrooms, parking, garbage recycling receptacles • Keeping snow plowed and streets clean — thank you! • Easy to follow and welcoming signage — loved the Hockey Day Minnesota streetlight banners. • Supporting new businesses and events — the bike trail has been a popular attraction • Informing locals and visitors of the CVB — thank you for the link on your website and mention in city newsletter Common Complaints: 1) Parking — 2nd ramp needed and an employee shuttle/alternate parking location. 2) Public Restrooms not open in the winter 3[II.C. 0tak Fork M.@P% Cenwntlnn Cr vxlmr Bur.. STIILWATER Annual Report to the City of Stillwater, Year End 2016 Zt/e 4O'S dted toem, 7a* yowl Questions? ON THE BEAUTIFUL ST. CROIX RIVER OPEN '1 DAY; A WEEK PRo.U� %�, l'lr, -7 AND LFT BRIDGE 1931 AND RANDALL RADU E NZ 2Ci Annual Report to the City of Stillwater, Year End 2016 Sxlltv+gee+/Oak Park Height, Convention 6 vnlxar kureau fw��i4q STILL I 2017 CVB Final Budget. Approved 11/9/2016 Carryover from previous year Reserves Lodging Revenues Visitor's Guide Ad Profits EMT Grants Total Income Available 2017 Budget: $20,000 $28,000 $226,708 $8,473 $7,600 $290,781 2017 Proposed Budget EMT Co- EMT Op Grant Savings Eligible NOTES Estimate from Treasurer We've saved $7K every year for the last 4 years - we have reached our reserves goal. Estimate based data from 1st two quarters of 2016 and using 2015 data for 3rd and 4th quarter from 2015. Note at least one new 40 room hotel is expected to open in 2017 with a possibility of two others so the number of rooms/revenue has the potential to increase for 2017. For the fist 6mo of 2016 we've seen a 3% increase. Estimate final number available by Dec.: increased qty printed by another 10K, postage increase costs. Profits used to cover postage/envelope expenses so that the Visitor Guide is a breakeven project. Grants must be 50% out -state. 2:1 spend (1/3 cost covered). Application due Oct. 15th. Submitted. Money recieved after all campaigns completed (typically spring of following year). Maintain philosopy to take advantage of any EMT Co -Op ads as well that fit our goals because their discounts can be up to 60% off - note savings marked by each co-op. RESERVES OPERATIONS $0 0% $84,600 29% Goal: Safety net, maintain reserve. Goal: Accomplish set objectives and manage organization, keep below 35%. General Office $6,500 Legal Postage (non -visitor guide) Printing & Supplies Telephone Meeting Expense/Annual Meeting Misc. (bank charges, etc.) Legal Counsel Accounting Audit $300 $600 $1,200 $4,000 $400 Administration Contract Services: Marketing Director and sub -contractors Training & Development (EMT Conference, etc.) 11111Mir 11.1 $2,500 $1,000 $1,500 $75,600 26% $75,000 $600 Fresh Avenue Marketing: marketing program administration, advertising strategy, public relations, customer service, admin, social media, website management, business liasion, graphic design, publishing, etc. Office, computer, phone, self-employment tax, and insurance responsibility of the contractor. MARKETING MATERIALS Goal: General awareness marketing tools for all markets. Customer rention. Includes are two primary mkt tools - website & $24,190 8% gdbk 7% Website $5,540 Maintenance/Hosting/Security/DesignContent Edits Email Hosting info@DiscoverStillwater.com Events Calendar Maintence Fee $4,000 $1,000 $540 Visitor Guides Fulfillment $9,950 Signage Photography Printed/Promotional Materials Fulfillment - LGI, Postage, ESR Assembly EMT MOA/Airport Distribution EMT Brochure Mailing programs $8,500 $1,050 $400 $2,000 Downtown Maps/Historic Info $2,000 $4,000 $2,700 Canopy $1,500 Misc. Promo Items $1,200 WPEngine new hosting/security vendor, WAM Creative for design needs at this point Rackspace/WAM Creative - need to look into cloud file storage solutions and possible new email vendor. ArtReach St. Croix via Artsopolis Volume of requests up and rate for weight of visitor guide up 2lcents. Don't need envelopes this year - bought two year supply in 2016. Paid distribution at Explore Minnesota tourism info centers at MOA and the MSP Airport Community specific requests online Outdoor Kiosk Signs with City Refresh Photos and schedule set photos shoots for materials usable in all marketing aspects. Outdoor Tent for Carriage Rides, Etc. Totes $558, U GRANT CO-OP SPONSORSHIPS $46,000 16% t,oan support local events wan re power mat attract overnignt visitors, promotion of our brans a. snow our community ▪ support <20% Crusin on the Croix Summer Tuesdays $1,500 $1,500 June -Sept July - Aug 2017 Proposed Budget EMT Co- EMT Op Grant Savings Eligible Harvest Fest $7,500 October Hometown for the Holidays $7,500 Nov/Dec Carriage Rides $6,500 December, New Years Eve, Valentine's Day Feb Art Reach St. Croix $2,500 Year -Round Lumberjack Days $7,000 July River City Sculpture Tour $5,000 Year -Round Ice Castles $6,500 Jan -March Ice Cream Social $500 January GROUP TRAVEL MARKET- Advertising$600 0% 1 Goal: Summer large group sales and emphasis on mid -week, day trippers. Max 3% 2 -page spread in convention directory that Explore Minnesota uses to promote MN as destination to . We will get leads and can ABA (Am. Bus.Assoc.) Convention Directory for EMT $600 choose to follow up or mail our visitor guide. Convention in January. Contract Signed. MEETINGS/COPORATE EVENTS MARKET - Advertising $11,420 4% Goal: year-round mid -week business. Due to stillwater's proximity to the metro we are an excellent day trip and small group meeting destination. Proven to be a difficult market for Stillwater because we do not have any hotels large enough (50-100+ rooms) and no convention center. Corporate meeting planners book in tier 1 cities and more upscale hotels. Despite this hotels reporting increase in mid -week business from our efforts.<%5 Direct Marketing, Partner TBD Associations North Membership MN Meetings & Events Magazine MeetingPages.com Social Media Meetings Video $3,000 $325 $2,195 $3,900 $500 $1,500 Find the best way to promote new video on meetings. Choices given at board meeting. Include $325 for MSAE/Associations North annual book. MeetingPages.com approved. Contract Signed $3900. Create a video showcasing venues, unique setting and experience ideas. WEDDINGS MARKET - Advertising $13,691 5% Goal: Year-round wedding venue bookings.Explore MN states that the average wedding brings $24,000 in economic impact to a community. The average wedding costs $26,000 of which 50% is the venue. Proven to be our biggest bang for the buck. Hotel blocks all summer. Goal 5% The Knot Wedding Fairs Weddings Video Social Media $5,591 $6,000 $1,500 $600 VACATION TRAVELER MARKET- Advertising $111,456 38% #1 National online and magazine resource for wedding information. Year-round. Great qualified leads in the past -150+ annually.GEO: National, MN 80%, WI 20%. Featured storefront/lead sharing on TheKnot.com. Booth, rentals, new booth design with new logo, photos, giveaway. 2 shows March/November. Vendor choices given at board mtg. Use same company for meetings so some visuals can be shared. Wait until new hotels built? Promote video Goal: Year -Round business with an emphasis on off-season Nov -March due to lodging availability. 30% Explore Minnesota Metro CVB Group Membership/Campaign $4,500 4% Take advantage of about $250,000+ worth of advertising focused on getting visitors into the Metro area. This year's target SD/ND. Fall/Spring campaigns. Recommend spending $ on EMT.com ads instead this year, go to lowest level. Discussions about possibly changing pricing structure to one set price. Public Relations $6,700 6% Photography Contest Enewsletter/MailChimp Sweepstakes New Bridge Opening Celebration $1,700 $2,000 $1,000 $2,000 Run June -August as summer campaign. Run winter instagram photo contest as well. Monthly e -newsletter to 23K subscriber base. Other announcements as needed as well as tourism reports. As needs arise. Checkpoint MN $150 Lodging. MPI Holiday Party Dec 16 $150 lodging voucher., Date for Life $150 lodging voucher. Date and event TBD, but funds set aside to support joint efforts to promote grand opening. Digital Media $35,200 32% Google SEO/Ad Words Google Network Digital Banner Ads Native Content Articles $3,600 $8,400 $5,000 $3,000 x In-house x in-house Madden Media via EMT Co -Op. 3,000 guaranteed clicks )1.52 per click). Topic: Girlfriend Getaway, Home & Garden, Spring. Retargeting Social Media/Digital Misc. Facebook Sweepstakes with EMT/TwinCities.com Explore Minnesota.com Tourism Guidebooks/Directories (Print/online) SCVRTA Membership & Directory Add EMT 2015 Minnesota Travel Guide 2017 Proposed Budget $6,000 $7,000 $2,000 $3,200 EMT Co- EMT Op Grant Savings Eligible $12,415 11% 2017 MN Biking Guide (Peddle MN) EMT MPIs/St. Paul Official Guide $1,425 $3,440 $2,050 $5,500 AdRoll- target people who have visited DiscoverStillwater.com to send digital advertising (banner display ads on desktop, tablet, mobile in various sizes). Hit over 500 ad networks including bings, google,yahoo and Facebook (currently best advertising out there, recommend 60% on FB and 40% on web). Unlimited campaigns, more about number of impressions. Run web campaign and x a facebook campaign. Includes Video advertising on Facebook and travel blogger connections. Target Toronta area to align with January campaign, Target Eau Claire/La Crosse with Winter Video (add ice castles/hockey day), and more. $5,000 EMT Co -Op With Ad Taxi. Spring Girlfriend Getaway. Top Page on referrals is MSP page of main site, then events calendar. Premium bundle $1700 and graphic ads $250 per month (6 months). Target travelers who are searching for Minnesota Destinations Full page (1/2 ad, advertorial) 1/2 page. Paid for 2017 Visitor Guide Greenspring Media. Distribution 140K at EMT, online version at exploreminnesota.com peddlemn and mnmo.com, and to MN monthly subscribers. Only Published every two years. Negotiated rate. actual $8K. 1/2 pg color ad with 1/2 page profile. Distribution 275,000, Msp & St. Paul guide, official guide for mpls and st. paul cvbs. GEO: National Print TV Radio Direct Marketing Horizon Media Theatre Programs AAA #OnlyinMN Map Growler Magazine $4,800 $1,086 $30,000 27% Hockey Day MN Sponsorship $25,000 Comcast Spotlight $5,000 $6,255 6% KDWB $6,255 $2,500 2% Prime Net Direct Mail Marketing Billboards/Signage/Out of Home Clear Channel Digital Outdoor Billboards Discretionary Fund Final Allocated Budget Difference $500 Wall Street Journal Supplement (US and Canada) speciality insert travel and lifestyle magazine. Online banner ads, digital times square components as well. November2016 and Jan unary 2017. Ordway White Christmas in December 2016$1195, $250 ($1545) EMT Co -Op. 50 % savings. EMT full color map spread in the May/June issue of AAA Living and Live/Play/AAA publication. Reach 828,622 households. Free reader service listing and brochure distribution at midwest AAA offices.Twin Cities and out -state MN. New Plan: Wisconsin 367,458circ. March/April. Sept/Oct editorial on Stillwater. Sept/Oct. available as well for another $1086. used from discretionary fund. Co-op stillwater page )$1950) Fox Sports North Midwest television coverage January 21st. Includes social media sweepstakes giveaway. $5,000 EMT Co -Op. November for holiday shopping/ice castles. Use video created this year. January & November campaigns with co-op. Best station ratings for female 25-44. EMT Co -Op 25% savings. Winter getaway(wait for photo of ice castles here, then produce...inhome mid- January). Estimate 45cents $2,500 $500 per name. Includes Design, Postage, Mail. Targeted Northwestern suburbs. $4,000 4% $4,000 $4,000 1% $291,957 $1,176 $1,990 November. EMT Co -Op. 65% savings. 5 boards, 2 weeks.Digital outdoor advertising will put your message in bright lights for thousands of Minneapolis -St. Paul drivers and passengers to see. Digital outdoor gives advertisers the ability to change copy and executions with no additional production costs, courtesy of assistance from Clear Channel's full-service art department. Promote opening of new bridge. Choose near hwy 36 and 1-94 to announce new bridge open, come visit year-round message in the fall. $1950 Growler January or more 3 month 1190?, $450 Road Runner Magazine, Spaces in December?, Ordway in December $1195 + Henepin Theature $350 in December $14,000 TOTAL EMT CO-OP SAVINGS 8 9 10 11 2016 CVB BUDGET - APPROVED. FINAL. 11/18/2015 Carryover from previous year Lodging Revenues Guidebook Ad Profits EMT Grants Total Budget Available RESERVES OPERATIONS General Office 12 13 14 15 16 17 18 19 20 21 22 23 24 Legal Postage Printing Supplies Telephone Meeting Expense/Annual Meeting Misc. (bank charges, etc.) Legal Counsel Accounting Audit Administration Contract Services: Marketing Director and sub -contractors: Graphic Design, Photography, Videography, social media, admin,etc. Training & Development (EMT Conference, etc.) 2016 Year end $47,425.44 $231,850.82 $4,091.05 $6,358.00 2016 Budget: $214,000 $5,041 $7,600 MARKETING MATERIALS Website $289,725.31 $7,000.00 $76,669.50 $5,895.83 $388.98 $542.82 $949.08 $3,825.95 $189.00 $0.00 $70,773.67 $70,356.99 $416.68 $14,337.89 $3,157.00 $226,641 2016 Proposed $7,000 $79,300 $6,200 $300 $300 $300 $1,200 $3,500 $600 $2,500 $1,000 $1,500 $70,600 $70,000 $600 $14,940 $3,190 A B C 7 2016 Proposed 25 Content Maintenance/Hosting $2,030.00 $2,000 26 SEO $350.00 $350 27 Email Hosting info@DiscoverStillwater.com $237.00 $300 28 Events Calendar Maintence Fee $540.00 $540 29 Visitor Guides $9,073.38 $8,950 30 Fulfillment - LGl & Postage $6,373.90 $7,000 31 MOA/Airport Distribution $1,425.00 $1,050 32 _ Acrylic Displays for Guidebooks $423.41 $300 33 Envelopes $851.07 $600 34 Signage $0.00 $800 35 Downtown IBA Maps $300 36 Welcome window decals $0.00 $500 37 Printed/Promotional Materials $2,107.51 $2,000 38 Lodging Tear -Off Maps $175.00 $200 39 Pens $175.00 $500 40 Tote Bags $543.45 $500 41 Mugs $413.06 $500 42 Misc (Business Card, notes) $801.00 $300 43 GRANT CO-OP SPONSORSHIPS $44,100.00 $43,500 44 Ice Cream Social $500.00 $500 45 Crusin on the Croix $1,500.00 $1,500 46 Sculpture Tour $2,500.00 47 Run Stillwater Half Marathon $1,000.00 $1,000 48 Run Stillwater Log Run $500.00 $500 49 Summer Tuesdays $1,500.00 $1,500 50 _ Harvest Fest $8,100.00 $9,000 A B C 7 2016 Proposed 51 Hometown for the Holidays $8,100.00 $9,000 52 Paint the town Red Valentines Carriage Rides $2,500.00 $2,500 53 Art Reach St. Croix $2,500.00 $2,500 54 Lumberjack Days $5,000.00 $5,000 55 National Gondola Event $2,000.00 $2,000 56 MN Ironman Bicycle Ride $900.00 $1,000 57 North Star Bicycle Festival & Grand Prix $1,000.00 $1,000 58 Sticks in Stillwater Mite Hockey Tournement $6,500.00 $6,500 59 GROUP TRAVEL MARKET- Advertising $0.00 $600 60 ABA (Am. Bus.Assoc.) Convention Directory $600 61 MEETINGS/COPORATE EVENTS MARKET - Advertising$6,485.17 $5,800 62 Fam Trips $624.61 $700 63 Linked In $509.92 $300 64 New Idea $5,050.64 $500 65 MN Meetings & Events $4,000 66 Meetings Flier $300.00 $300 67 WEDDINGS MARKET - Advertising $6,341.00 $7,555 68 The Knot - Featured Online Storefront www.Theknot.com $5,460.00 $5,460 69 Twin Cities Wedding Association - Wedding Fairs $881.00 $1,895 70 Wedding Fair Expenses (Table, linens,electricity etc.) $200 71 VACATION TRAVELER MARKET- Advertising _ $76,856.65 $79,608 72 Explore Minnesota Metro CVB Group Membership/Campaign $8,750.00 $8,750 74 Photography Contest $1,157.01 $1,000 75 Enewsletter/MailChimp $1,800.00 $2,200 76 Sweepstakes $373.20 $1,300 A B C 7 2016 Proposed 77 MirtMHdrlaS., �s,•:.r� q1, :4-:"- ' ' ".0 � rt �: ;"5P7 ',. w ;�; 4 $26,852.73 $27,250 78 Ad Words - SEM/Digital Content Creation/Activiation $9,544.07 $10,000 79 Sponsored Content & Story Creation $2,000.00 $2,000 80 Retargeting Advertising/Digital Display Banners $7,984.72 $7,100 81 Social Media/Digital Misc. $5,879.94 $6,000 82 AAA Online MN Getaway Sweepstakes $1,000.00 $1,000 83 Area Ski Resorts $69.00 $800 84 Explore Minnesota.com $375.00 $350 85 Tourism Guidebooks/Directories (Print/online) $13,315.00 $16,665 86 SCVRTA Membership & Directory Add $1,575.00 $1,425 87 EMT 2015 Minnesota Travel Guide $3,380.00 $3,440 88 Minnesota B&B $1,000 89 2015 MN Biking Guide (Peddle MN) $2,450 90 EMT MPIs/St. Paul Official Guide $5,500.00 $5,500 91 MN Bike/Hike (HaveFunBiking.com) $2,200.00 $2,200 92 Toast to the Valley $660.00 $650 93 -yx- W Y�1".�.Zi�F' Prin #moi''-' �. p; $6,558.00 $7,093 ) �i r �'..w +'+i�^.eE'- Y� 94 Road Runner Motorcycle Magazine $450.00 $450 95 other $375.00 $910 96 AAA Living Magazine/Web - OnlyinMN Map - IA & WI $4,048.00 $3,576 A B C 7 2016 Proposed 97 AAA Living Magazine/Web - OnlyinMN Map - MN & Metro $1,024.00 $1,000 98 AAA Living Magazine/Web - Biking- MN & Metro $661.00 $1,157 99 TV $8,908.00 $9,000 100 Comcast Spotlight Cable TV- MN $5,000.00 $6,000 101 MN Traveler TV Program $3,908.00 $3,000 102 Radio $5,812.50 $6,000 103 Media Bridge Advertising/Cities 97 $5,812.50 $6,000 104 Direct Marketing $0.00 $350 105 Explore Minnesota Brochure Mailing Program $350 106 Billboards/Signage/Out of Home $0 107 Final Allocated Budget $231,790.21 $238,653 108 Difference $57,935.10 -$12,012 109 3:06 PM STILLWATER AND OAK PARK HEIGHTS CVB Check Detail November through December 2016 01/09/17 Type Num Date Name Item Account Paid Amount Original Amount Check 11/01/2016 FACEBOOK Debit Card Account -13.35 1413 - SocialMedia 1... -13.35 13.35 TOTAL -13.35 13.35 Check 11/01/2016 FACEBOOK Debit Card Account -60.29 1413 - SocialMedia 1... -60.29 60.29 TOTAL -60.29 60.29 Check 11/03/2016 ADROLL Debit Card Account -327.76 1419 - Retargeting A... -327.76 327.76 TOTAL -327.76 327.76 Check 11/07/2016 WISHPOND TECHN... Debit Card Account -69.00 1401 • Photo Contest -69.00 69.00 TOTAL -69.00 69.00 Check 11/10/2016 OFFICE MAX Debit Card Account -23.56 1102 - Printing and ... -23.56 23.56 TOTAL -23.56 23.56 Check 11110/2016 ADROLL Debit Card Account -248.40 1419 • Retargeting A... -248.40 248.40 TOTAL -248.40 248.40 Check 11/14/2016 MAILCHIMP Debit Card Account -150.00 1402 • Constant Con... -150.00 150.00 TOTAL -150.00 150.00 Page 1 3:06 PM STILLWATER AND OAK PARK HEIGHTS CVB Check Detail November through December 2016 01/09/17 Type Num Date Name Item Account Paid Amount Original Amount Check 11/17/2016 GOOGLE Debit Card Account -25.07 1411 - Google / Bing... -25.07 25.07 TOTAL -25.07 25.07 Check 11/17/2016 ADROLL Debit Card Account -250.34 1419 • Retargeting A... -250.34 250.34 TOTAL -250.34 250.34 Check 11/18!2016 BAYPORT PRINTIN... Debit Card Account -25.00 1102 • Printing and ... -25.00 25.00 TOTAL -25.00 25.00 Check 11/23/2016 CHILKOOT CAFE Debit Card Account -11.40 1105 • Meeting Expe... -11.40 11.40 TOTAL -11.40 11.40 Check 11/23/2016 OFFICE MAX Debit Card Account -83.28 1102 - Printing and ... -83.28 83.28 TOTAL -83.28 83.28 Check 11/25/2016 OFFICE MAX Debit Card Account -8.48 1102 • Printing and ... -8.48 8.48 TOTAL -8.48 8.48 Check 11/28/2016 MAINSTREET STIL... Central Bank 0.00 TOTAL 0.00 0.00 Page 2 3:06 PM STILLWATER AND OAK PARK HEIGHTS CVB 01/09/17 Check Detail November through December 2016 Type Num Date Name Item Account Paid Amount Original Amount Check 11/28/2016 POSTMASTER Debit Card Account -15.99 1321 • Postage Fulifi... -15.99 15.99 TOTAL -15.99 15.99 Check 11/28/2016 ADROLL Debit Card Account -245.64 1419 - Retargeting A... -245.64 245.64 TOTAL -245.64 245.64 Check 11/30/2016 Central Bank -5.00 1107 • Bank Service... -5.00 5.00 TOTAL -5.00 5.00 Check 11/30/2016 TIN BINS Debit Card Account -5.89 1105 • Meeting Expe... -5.89 5.89 TOTAL -5.89 5.89 Check 11/30/2016 Debit Card Account -5.00 1107 • Bank Service... -5.00 5.00 TOTAL -5.00 5.00 Check 12/01/2016 FACEBOOK Debit Card Account -11.22 1413 • SocialMedia 1... -11.22 11.22 TOTAL -11.22 11.22 Check 12/01/2016 FACEBOOK Debit Card Account -600.27 1413 • SocialMedia 1... -600.27 600.27 TOTAL -600.27 600.27 Page 3 3:06 PM STILLWATER AND OAK PARK HEIGHTS CVB 01/09/17 Check Detail November through December 2016 Type Num Date Name Item Account Paid Amount Original Amount Check 12/05/2016 ADROLL Debit Card Account -166.04 1419 - Retargeting A... -166.04 166.04 TOTAL -166.04 166.04 Check 12/06/2016 WISHPOND TECHN... Debit Card Account -69.00 1403 - Sweepstakes -69.00 69.00 TOTAL -69.00 69.00 Check 12/07/2016 STILLWATER CHA... Debit Card Account -20.00 1105 - Meeting Expe... -20.00 20.00 TOTAL -20.00 20.00 Check 12/08/2016 GOOGLE Debit Card Account -50.00 1411 • Google I Bing... -50.00 50.00 TOTAL -50.00 50.00 Check 12/08/2016 ADROLL Debit Card Account -94.30 1419 • Retargeting A... -94.30 94.30 TOTAL -94.30 94.30 Check 12/08/2016 TWIN CITY WEDDI... Debit Card Account -600.00 1392 • TC Bridal Tra... -600.00 600.00 TOTAL -600.00 600.00 Check 12/12/2016 OFFICE MAX Debit Card Account -8.98 1102 • Printing and ... -8.98 8.98 TOTAL -8.98 8.98 Page 4 3:06 PM STILLWATER AND OAK PARK HEIGHTS CVB 01/09/17 Check Detail November through December 2016 Type Num Date Name Item Account Paid Amount Original Amount Check TOTAL Check TOTAL Check TOTAL Check TOTAL Check TOTAL Check TOTAL Check TOTAL 12/12/2016 REVIVAL COFFEE ... 12112/2016 MAILCHIMP 12/15/2016 ADROLL 12/16/2016 UPS STORE 12/20/2016 EXPLORE MINNES... 12/22/2016 POSTMASTER 12/22/2016 ADROLL Debit Card Account 1105 Meeting Expe... Debit Card Account 1402 • Constant Con... Debit Card Account 1419 • Retargeting A... Debit Card Account 1101 • Postage, Mail... Debit Card Account 1322 - MOA / Airport... Debit Card Account 1321 • Postage Fullfi... Debit Card Account 1419 • Retargeting A... -9.25 -9.25 9.25 -9.25 9.25 -150.00 -150.00 150.00 - 150.00 150.00 -293.40 -293.40 293.40 -293.40 293.40 -35.87 - 35.87 35.87 - 35.87 35.87 -550.00 -550.00 550.00 -550.00 550.00 -100.00 - 100.00 100.00 -100.00 100.00 -268.78 -268.78 268.78 -268.78 268.78 Page 5 3:06 PM STILLWATER AND OAK PARK HEIGHTS CVB 01/09/17 Check Detail November through December 2016 Type Num Date Name Item Account Paid Amount Original Amount Check 12/27/2016 POSTMASTER Debit Card Account -15.99 1321 • Postage Fullfi... -15.99 15.99 TOTAL -15.99 15.99 Check 12/31/2016 Debit Card Account -5.00 1107 • Bank Service... -5.00 5.00 TOTAL -5.00 5.00 Check 12/31/2016 Central Bank -5.00 1107 - Bank Service... -5.00 5.00 TOTAL -5.00 5.00 Check 2385 11/0112016 WATER STREET INN Central Bank -200.00 1419 • Retargeting A... -200.00 200.00 TOTAL -200.00 200.00 Check 2386 11/01/2016 CENTURY LINK Central Bank -77.28 1104 - Telephone, T... -77.28 77.28 TOTAL -77.28 77.28 Check 2388 11/01/2016 GONDOLA ROMAN... Central Bank -1,000.00 1366 • Gondola Nati... -1,000.00 1,000.00 TOTAL -1,000.00 1,000.00 Check 2389 11/01/2016 ROAD RUNNER PU... Central Bank -450.00 1440 • Print -450.00 450.00 TOTAL -450.00 450.00 Page 6 3:06 PM STILLWATER AND OAK PARK HEIGHTS CVB Check Detail November through December 2016 01!09117 Type Check Num Date Name Item Account Paid Amount Original Amount 2390 11/01/2016 FRESH AVENUE Central Bank -5,897.85 1201 • Marketing Dir... 1105 Meeting Expe... -5,833.34 5,833.34 -64.51 64.51 TOTAL -5,897.85 5,897.85 Check 2391 11/01/2016 IDEA LINK Central Bank -145.00 1105 - Meeting Expe... -145.00 145.00 TOTAL -145.00 145.00 Check 2392 11/01/2016 ERS Central Bank -36.88 1321 • Postage Fullfi... -36.88 36.88 TOTAL -36.88 36.88 Check 2393 11/28/2016 MAINSTREET STIL... Central Bank -8,100.00 1359 • Hometown fo... -8,100.00 8,100.00 TOTAL -8,100.00 8,100.00 Check 2394 12!12/2016 ERS Central Bank -16.50 1321 • Postage Fullfi... -16.50 16.50 TOTAL -16.50 16.50 Check 2395 12/12/2016 INTERFUSE Central Bank -5,000.00 1411 - Google 1 Bing... -5,000.00 5,000.00 TOTAL -5,000.00 5,000.00 Check 2396 12/12/2016 CENTURY LINK Central Bank -77.28 1104 - Telephone, T... -77.28 77.28 TOTAL -77.28 77.28 Page 7 3:06 PM STILLWATER AND OAK PARK HEIGHTS CVB 01/09/17 Check Detail November through December 2016 Type Num Date Name Item Account Paid Amount Original Amount Check 2397 12/12/2016 FRESH AVENUE Central Bank -5,899.98 1201 Marketing Dir... -5,833.34 5,833.34 1321 Postage Fullfi... -66.64 66.64 TOTAL -5,899.98 5,899.98 Check 2398 12/12/2016 STEVE ROLL Central Bank -33.04 1321 - Postage Fullfi... -33.04 33.04 TOTAL -33.04 33.04 Check 2399 12/12/2016 LOWELL INN Central Bank -165.58 1403 - Sweepstakes -165.58 165.58 TOTAL -165.58 165.58 Check 2400 12/1212016 WAM CREATIVE Central Bank -40.00 1311 • Content Main... -40.00 40.00 TOTAL -40.00 40.00 Check 2401 12/12/2016 MEDIA BRIDGE AD... Central Bank -6,720.50 1452 • TV - MN TRA... -3,908.00 3,908.00 1461 • KS95 IBA Co... -2,812.50 2,812.50 TOTAL -6,720.50 6,720.50 Check 2409 12/19/2016 ERS Central Bank -27.45 1321 - Postage Fullfi... -27.45 27.45 TOTAL -27.45 27.45 Page 8 3:06 PM STILLWATER AND OAK PARK HEIGHTS CVB Check Detail January 1 -10, 2017 01/09/17 Type Num Date Name Item Account Paid Amount Original Amount Check TOTAL Check TOTAL Check TOTAL Check TOTAL Check TOTAL Check TOTAL Check TOTAL 01/0212017 PRIMENT Debit Card Account 01/0212017 WEDDING 01/02/2017 ACTION RENTAL 01/02/2017 TWIN CITY WEDDI... 2369 01/02/2017 GREENSPR1NG ME... 2379 01/09/2017 FRESH AVENUE 2380 01/09/2017 EXPLORE MINNES... 1340 • Printed / Pro... Debit Card Account 1392 • TC Bridal Tra... Debit Card Account 1106 • Misc. Debit Card Account 1392 • TC Bridal Tra... Central Bank 1435 • MpIs/St. Paul... Central Bank 1201 - Marketing Dir... Central Bank 1404 • Explore MN ... -1,329.06 -1,329.06 1,329.06 -1,329.06 1,329.06 -281.00 -281.00 281.00 - 281.00 281.00 -115.00 -115.00 115.00 - 115.00 115.00 -1,095.00 -1,095.00 1,095.00 -1,095.00 1,095.00 -5,500.00 -5,500.00 5,500.00 -5,500.00 5,500.00 -6,250.00 -6,250.00 6,250.00 -6,250.00 6,250.00 -4,500.00 -4,500.00 4,500.00 -4,500.00 4,500.00 Page 1 3:06 PM STILLWATER AND OAK PARK HEIGHTS CVB 01/09/17 Check Detail January 1 -10, 2017 Type Num Date Name Item Account Paid Amount Original Amount Check 2381 01/09/2017 WAM CREATIVE Central Bank -40.00 1311 - Content Main... -40.00 40.00 TOTAL -40.00 40.00 Check 2382 01/09/2017 WASHINGTON CO... Central Bank -500.00 1351 - Ice Cream S... -500.00 500.00 TOTAL -500.00 500.00 Check 2383 01/09/2017 LA CROSSE GRAP... Central Bank -405.71 1321 - Postage Fullfi... -405.71 405.71 TOTAL -405.71 405.71 Check 2387 01/0212017 STILLWATER ARE... Central Bank -25,000.00 1450 - TV -25,000.00 25,000.00 TOTAL -25,000.00 25,000.00 Check 2402 01/01/2017 MARK RANEY /cre8 Central Bank -1,000.00 1337 - Downtown IB... -1,000.00 1,000.00 TOTAL -1,000.00 1,000.00 Check 2403 01/01/2017 MIGHTY DOG MEDIA Central Bank -3,900.00 1410 • Digital Media -3,900.00 3,900.00 TOTAL -3,900.00 3,900.00 Check 2404 01/01/2017 ICE CASTLES LLC Central Bank -3,250.00 1350 • CO -OP's 1 G... -3,250.00 3,250.00 TOTAL -3,250.00 3,250.00 Page 2 3:06 PM STILLWATER AND OAK PARK HEIGHTS CVB Check Detail January 1 -10, 2017 01/09/17 Type Num Date Name Item Account Paid Amount Original Amount Check 2405 01/01/2017 KNOT - WEDDING ... Central Bank -2,034.00 1391 • The Knot Onli... -2,034.00 2,034.00 TOTAL -2,034.00 2,034.00 Check 2406 01101/2017 HOUR MEDIA Central Bank -1,086.00 1442 • AAA Living M... -1,086.00 1,086.00 TOTAL -1,086.00 1,086.00 Check 2407 01/01/2017 GREENSPRING ME... Central Bank -2,050.00 1434 - EMT Biking ... -2,050.00 2,050.00 TOTAL -2,050.00 2,050.00 Check 2408 01/01/2017 EXPLORE MINNES... Central Bank -600.00 1374 • ABA Convent.. -600.00 600.00 TOTAL -600.00 600.00 Page 3 3:07 PM 01109/17 Accrual Basis STILLWATER AND OAK PARK HEIGHTS CVB Balance Sheet As of January 9, 2017 ASSETS Current Assets Checking/Savings Debit Card Account Reserve Funds Central Bank Total Checking/Savings Total Current Assets TOTAL ASSETS LIABILITIES & EQUITY Equity 32000 • Unrestricted Net Assets Net Income Jan 9, 17 4,103.68 28, 000.00 7,024/7 39,128.45 39,128.45 39,128.45 98,064.22 -58,935.77 Total Equity 39,128.45 TOTAL LIABILITIES & EQUITY 39,128.45 Page 1 Lodging Tax Income 2008 2009 2010 2011 2012 2013 2014 2015 2016 AVE First Quarter Stillwater Oak Park H Second Quarter Stillwater Oak Park H Third Quarter Stillwater Oak Park H Fourth Quarter Stillwater Oak Prk H $ 23,670 4,316 $ 25,052 $ 20,852 4,893 $ 3,910 24,920 $ 27,039 $ 25,091 $ 29,421 $ 29,616 $ 30,879 5,520 $ 4,548 $ 5,071 $ 4,853 $ 5,077 $ 4,667 27,986 $ 29,945 $ 24,762 30,440 $ 31,587 $ 30,162 $ 34,274 $ 34,693 $ 35,546 $ 31,044 41,572 $ 33,054 $ 36,407 $ 36,131 $ 38,442 $ 42,815 $ 45,518 $ 51,227 $ 54,682 7,199 $ 7,371 $ 6,307 $ 7,855 $ 7,574 $ 8,860 $ 8,987 $ 9,313 $ 7,849 48,771 $ 40,425 $ 42,714 $ 43,986 $ 46,016 $ 51,675 $ 54,505 $ 60,540 $ 62,531 $ 50,129.24 $ 55,764 $ 41,929 $ 48,220 $ 53,376 $ 52,554 $ 59,423 $ 61,787 $ 69,321 $ $ 3,273 $ 8,787 $ 9,757 $ 11,021 $ 10,191 $ 11,228 $ 11,675 $ 10,805 $ $ 59,037 $ 50,716 $ 57,977 $ 64,397 $ 62,745 $ 70,651 $ 73,462 $ 80,126 $ 73,549 10,948 84,497 $ 67,067.55 $ 31,427 $ 24,282 $ 20,164 $ 28,778 $ 32,024 $ 33,410 $ 37,967 $ 42,025 $ 6,499 $ 4,919 $ 6,045 $ 6,560 $ 6,383 $ 6,629 $ 7,424 $ 6,480 $ 37,926 $ 29,201 $ 26,209 $ 35,338 $ 38,407 $ 40,039 $ 45,391 $ 48,505 $ - $ 37,627 Total for the year $ 173,720 $ 150,287 $ 151,662 $ 174,161 $ 178,755 $ 192,527 $ 207,632 $ 223,864 $ 182,574 $ 181,576 �•� exINPLNeRe MOSOTA Tourism Minnesota's Economy Travel/tourism in Minnesota generates: SALES • $14.4 billion in gross sales • Almost $40 million a day JOBS • Almost 260,000 full- and part-time jobs • 11% of total private sector employment • $5.1 billion in wages REVENUE • $930 million in state sales tax • 17% of state sales tax revenues Note: Data for leisure & hospitality sector, 2015 Minnesota's appeal as a travel destination extends across the globe, including: • 505,000 Canadian travelers on overnight trips • 311,000 additional international travelers from other countries Note: Canadian estimate is for 2015; estimate for other countries is 2013-2015 annual average Growth in the Tourism Industry Sales at leisure and hospitality businesses grew 41% from 2005 to 2015, including 6% annual growth for 2015. 2010 2015 Bio 205 2 X11.3 S114.4 Leisure & Hospitality Gross Sales (in billions) 2005-2015 Impacts of State Tourism Advertising • 3.5 million Minnesota trips • $388.8 million traveler spending • $37.3 million direct state and local taxes • 2.85 million additional intended trips in next 12 months • $98 to $1 traveler spending return on ad investment • $9 to $1 state and local tax return on ad investment Note: Impacts of Explore Minnesota's spring/summer 2016 advertising Minnesota Ranking Among States The economic impact of travel & tourism in Minnesota ranks significantly higher compared to other states in: Traveler Spending 22"d Travel -Generated Employment 18" Travel -Generated Payroll 15th Travel -Generated Tax Receipts 10" Traveler Expenditures By Season Winter (Dec -March) Summer (June -Aug) 24%ilk • 37% Fall (Sept -Nov) Spring (April -May) 25% 14% Leisure tj Hospitality Jobs ■ by County, 2015 Up to 300 301 - 1,000 • 1,001 - 3,000 ▪ 3,001 - 81,000 • Travel & tourism creates jobs and generates sales in every county of Minnesota. • Tourism jobs represent all levels of employment, from important entry-level service jobs to high -paying executive positions. • Traveler spending indirectly supports jobs in many other industries, as well, from financial services to printing. Source; STR, Inc, 2009 -12.1%, 2010 2011 2012 2013 2014 2015 016 2 After a decline in room revenue in 2009 due to the recession, Minnesota lodging properties have seen annual increases in room revenue. Traveler Spending by Sector Spending during Minnesota's 71 million annual person -trips (including overnight and day trips) is distributed throughout the economy: Food Lodging Retail 24% 21% 17% Transportation Recreation Second Homes 16% 16% 6% Find more information at: industry.exploreminnesota.com Sources: Minnesota 2016 Tourism Advertising Evaluation, Longwoods International; The Economic Impact of 2015 Travel in Minnesota, Tourism Economics; The Economic Impact of Expenditures by Travelers on Minnesota, June 2007 -May 2008, Davidson -Peterson Associates; Minnesota Department of Revenue, 2015; Minnesota Department of Employment and Economic Development, 2015; Bureau of Labor Statistics; U.S. Travel Association; U.S. Department of Commerce, National Travel and Tourism Office, 2013-2015; Statistics Canada, 2015. Economic Impact by County Minnesota's Leisure and Hospitality Industry, 2015 mIt exPLORe MINNeSOTA Minneapolis - St. Paul Area Anoka Carver Chisago Dakota Hennepin Isanti Ramsey Scott Washington Wright Region Total Central Minnesota Aitkin Benton Crow Wing Douglas Grant Kandiyohi McLeod Meeker Mille Lacs Morrison Otter Tail Pope Sherburne Stearns Stevens Todd Wadena Region Total Gross Sales $555,085,684 $177,646,414 $64,355,293 $865,286,243 $4,949,063,447 $36,193,682 $2,035,892,951 $388,592,224 $524,648,155 $224,508,943 $9,821,273,036 $21,328,250 $56,875,313 $228,963,084 $111,897,872 $3,662,626 $90,227,213 $43,971,144 $18,276,377 $51,041,466 $43,950,895 $92,340,895 $15,579,732 $86,766,843 $324,690,734 $18,096,042 $22,519,414 $17,100,732 $1,247,288,632 Saes Private Sector Tax Employment $37,586,179 $11,761,998 $4,170,602 $57,065,025 $321,330,860 $2,502,376 $131,308,147 $21,680,981 $35,137,068 $12,953,710 $635,496,946 $1,456,078 $3,785,083 $14,295,461 $7,427,748 $242,638 $5,895,741 $3,013,929 $1,228,082 $2,833,706 $3,011,919 $6,162,674 $1,055,131 $5,799,534 $21,323,416 $1,046,661 $1,490,994 $1,153,291 $81,222,086 Northwest Minnesota Becker $68,593,647 $4,445,630 Beltrami $96,437,952 $6,329,245 Cass $106,542,041 $6,606,764 Clay $89,510,028 $5,696,211 Clearwater $6,122,852 $444,346 Hubbard $33,491,167 $2,274,170 Kittson $3,267,496 $202,501 Lake of the Woods $34,808,374 $1,892,762 Mahnomen $13,088,579 $920,982 Marshall $5,271,027 $405,564 Norman $3,666,907 $235,822 Pennington $24,690,332 $1,709,289 Polk $49,227,227 $3,075,930 Red Lake $2,331,443 $169,603 Roseau $19,927,976 $1,253,675 Wilkin $4,152,948 $306,779 Region Total $561,129,996 $35,969,273 12,612 4,080 1,483 17,924 80,992 902 28,026 6,049 11,148 4,731 167,947 500 1,277 4,048 2,263 49 1,748 1,329 505 948 1,043 2,079 333 2,281 7,450 379 358 381 26,971 1,594 2,222 1,789 1,888 192 742 65 498 98 122 77 583 1,122 71 360 115 11,538 Southern Minnesota Big Stone Blue Earth Brown Chippewa Cottonwood Dodge Faribault Fillmore Freeborn Goodhue Houston Jackson Lac Qui Parle Le Sueur Lincoln Lyon Martin Mower Murray Nicollet Nobles Olmsted Pipestone Redwood Renville Rice Rock Sibley Steele Swift Traverse Wabasha Waseca Watonwan Winona Yellow Medicine Region Total Northeast Minnesota Carlton Cook Itasca Kanabec Koochiching Lake Pine St Louis Gross Sales $4,630,468 $192,778,355 $40,644,628 $16,967,013 $10,343,913 $11,903,238 $11,452,133 $21,228,649 $45,276,068 $73,115,711 $10,966,289 $12,917,925 $4,729,469 $29,328,956 $4,026,697 $52,231,902 $33,111,158 $52,008,472 $8,145,410 $37,222,466 $30,296,335 $472,309,455 $11,683,208 $27,257,232 $7,892,369 $144,833,361 $11,119,246 $8,187,971 $72,735,555 $9,171,114 $1,806,966 $28,064,314 $16,051,141 $8,341,815 $103,644,500 $13,895,629 $1,640,319,131 $71,008,633 $62,042,952 $73,892,058 $13,749,510 $30,059,213 $37,885,053 $72,937,418 $552,268,576 State Sales Private Sector Tax Employment $327,205 106 $12,605,146 4,169 $2,722,672 1,137 $1,135,176 379 $717,711 284 $850,969 441 $793,771 288 $1,451,898 617 $3,030,933 957 $5,053,181 1,755 $769,582 288 $803,395 346 $324,887 95 $1,868,797 615 $287,722 112 $3,367,967 1,307 $2,229,726 828 $3,465,947 1,230 $569,673 188 $2,570,429 933 $2,053,916 677 $31,339,154 8,688 $810,290 318 $1,941,979 404 $557,726 247 $6,824,090 2,326 $785,405 288 $601,888 185 $4,450,922 1,566 $647,568 217 $125,192 N/A $1,833,395 737 $1,071,945 430 $552,156 214 $6,997,585 2,298 $573,614 204 $106,113,612 34,874 $4,254,554 1,091 $3,930,955 978 $4,758,588 1,549 $926,503 331 $1,944,314 595 $2,549,617 827 $3,838,868 1,043 $37,225,210 10,726 Region Total $913,843,413 $59,428,609 17,140 Minnesota Total $14,416,991,174 $930,275,662 259,521 Notes: State total does not equal the sum of counties or regions because some data is withheld to avoid disclosure of individual businesses; and some state level data is for businesses located outside of Minnesota. The Leisure and Hospitality industry consists of Accommodations; Food Services and Drinking Places; and Arts, Entertainment and Recreation. Sources: Minnesota Department of Revenue; Minnesota Department of Employment and Economic Development Produced by Explore Minnesota Tourism, an office of the State of Minnesota. 1/17 YEAR CITY 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 2014 STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER STILLWATER INDUSTRY 236 CONSTRUCT -BUILDINGS 238 CONSTRUCT -SPECIAL TRADES 339 MFG -MISC 423 WHOLESALE -DURABLE 424 WHOLESALE -NONDURABLE 441 RETL -VEHICLES, PARTS 442 RETL -FURNITURE STORES 443 RETL -ELECTRONICS 444 RETL -BUILDING MATERIAL 445 RETL -FOOD BEVERAGE STORE 446 RETL -HEALTH, PERSONAL 447 RETL -GASOLINE STATIONS 448 RETL -CLOTHING, ACCESSORY 451 RETL -LEISURE GOODS 452 RETL -GENERAL MERCHANDISE 453 RETL -MISC STORE RETAILER 454 RETL -NONSTORE RETAILERS 519 INFO -OTHER SERVICES 531 REAL ESTATE 532 RENTAL, LEASING SERVICES 541 PROF,SCIENTIFIC,TECH SERV 561 ADMIN, SUPPORT SERVICES 611 EDUCATIONAL SERVICES 621 HEALTH -AMBULATORY CARE 624 HEALTH -SOCIAL ASSISTANCE MINNESOTA SALES AND USE TAX STATISTICS 1 STILLWATER CITY BY INDUSTRY 2014.XLSX GROSS SALES $11,815,021 $1,191,930 $9,302,027 $59,674,697 $2,881,284 $2,093,292 $4,880,382 $1,889,934 $20,116,890 $70,304,252 $9,890,163 $35,499,477 $5,616,833 $3,249,388 $62,504,288 $14,140,145 $538,740 $666,142 $14,276,236 $848,357 $29,739,928 $3,196,385 $819,062 $72,224,232 $287,893 TAXABLE SALES $107,824 $55,762 $662,867 $4,757,355 $629,197 $1,585,199 $2,177,407 $1,284,272 $16,143,169 $20,892,862 $846,150 $3,421,530 $1,033,474 $2,013,426 $27,705,202 $12,621,911 $176,907 $77,023 $709,378 $832,524 $2,059,345 $875,362 $351,601 $394,244 $14,158 SALES TAX $7,412 $3,834 $45,572 $327,069 $51,712 $108,984 $150,054 $88,293 $1,109,843 $1,622,836 $58,174 $235,230 $71,056 $138,425 $1,904,734 $867,758 $12,161 $5,297 $48,771 $102,693 $141,580 $60,182 $24,773 $27,107 $973 USE TAX TOTAL TAX NUMBER $2,895 $10,307 7 $155 $3,989 7 $17,727 $63,299 7 $6,505 $333,574 14 $36,311 $88,023 5 $2,632 $111,616 6 $10,749 $160,803 12 $1,347 $89,640 7 $34,371 $1,144,214 7 $31,636 $1,654,472 16 $775 $58,949 5 $8,366 $243,596 7 $6,416 $77,472 26 $629 $139,054 18 $17,772 $1,922,506 6 $2,332 $870,090 47 $567 $12,728 17 $3,322 $8,619 8 $4,448 $53,219 11 $0 $102,693 8 $234,316 $375,896 56 $6,046 $66,228 27 $10 $24,783 7 $15,125 $42,232 32 $1,090 $2,063 4 2014 STILLWATER 2014 STILLWATER 2014 STILLWATER 2014 STILLWATER 711 PERF ART, SPECTATOR SPRTS 713 AMUSEMENT, GAMBLING, RECR 721 ACCOMMODATION 722 FOOD SERV, DRNKING PLACES $217,873 $10,119,322 $6,469,500 $42,997,612 $128,600 $8,841 $6,922,031 $497,665 $6,365,247 $453,006 $41,487,236 $3,082,072 $297 $9,138 $6,026 $503,691 $2,045 $455,051 $4,774 $3,086,846 17 12 12 59 2014 STILLWATER 2014 STILLWATER 2014 STILLWATER 2014 STILLWATER 811 REPAIR, MAINTENANCE 812 PERSONAL, LAUNDRY SERVICE 813 RELIGIOUS,CIVIC,PROF ORGS 999 UNDESIGNATED/SUPPRESSED $8,287,939 $9,962,411 $11,762,458 $81,704,383 $609,168,476 $4,074,802 $4,852,820 $130,311 $16,760,197 $182,149,393 $280,143 $333,628 $10,656 $1,235,459 $13,115,993 $5,161 $6,283 $2,127 $39,759 $512,014 $285,304 $339,911 $12,783 $1,275,218 $13,628,007 Tourism of Total Gross Sales $59,804,307 10% % of Total City Tax Collected $4,054,726 30% $32,603,834 12% Minnesota Department of Revenue, Tax Research Division 27 60 8 55 617 Washington County Tax Total Stillwater's % of Couty Tourism Tax a - - , Best Towns: Stillwater, NW I I Located along the scenic St Croix River. and just outside of Minneapolis/St Paul. Stillwater. Minnesota is considered the state's historic birthplace. Its been described as one of the Best Places to Take Out of Town Guests and named one of Americas Most Picturesque Towns. where paddle wheel river boats and gondolas still travel near a historic bridge. This little city has easy access from the Twin Cities and Wisconsin and turns into a romantic. natural wonderland in wintertime. Stillwater is simultaneously festive. charming. and nostalgic. making it one of the best places in the nation to enjoy the holidays. Ready to celebrate the season? Here are some great ways to enjoy Stillwater at this magical time of year_ A Festive Season Make Stillwater Your Hometown for the Holidays A oazaar and gala kick-off Stillwater Hometown for the Holidays Events. which span mid-November through New Year's Eve During the holiday season, hop aboard a free horse-drawn Victorian Wagonette Ride along the beautiful historic river town. You can greet Santa on Main Street as strolling carolers in Victorian garb add a festive soundtrack, especially during Stillwater's Black Friday activities. Stillwater likes to support its small businesses and there's no better time than during Shop Small Saturday. a national_ annual event that takes place. this year, on November 26. Shop small and you'll feel even better about your purchases. especially as Santa and his reindeer join the celebration Shop SMALL BUSINESS SATURDAY NOV 26 DISCOVER STILL WATER YOU'LL V JR BOUTIQUE VARIETY AND CHARMING STREET ISHOPSMALL For classic holiday experiences_ enjoy breakfast with Santa or indulge in Holiday Tea at the historic Lowell Inn or tour the Aurora Staples Inn. decorated from floor to ceiling in seasonal finery. Kids will love the annual Twinkle Party held in Lowell Park. where crowds adorned with twinkle lights gather to see the official lighting of the Christmas tree fireworks and a performance by the Teddy Bear Band. Stay warm with free cocoa. coffee and cookies too. 'Make Stillwater Ycvr Hometown for the Holidays- when you participate in a one -of -a -kind Biercycle Carotino Tour. You'll join nine other 'pedalers,' plus bench seat passengers, on a beautifully decorated bike for a bunch. Then sing carols together as you travel through the streets of downtown Stillwater and sip wine or hot chocolate from home. 1 o • tl« Pedal together whit careing on the Brercycle New this year. visit the must -see Ice Castles where fairy tales are brought to life with twinkling lights of the nighttime glow. magnificent archways and towers. ice -carved tunnels and slides ready to be explored. Coming to the riverfront park of Downtown Stillwater. as early as December 26 (weather dependent) through March. Rea: • ire •_e Castles that vn I take your oreatle awry Superior Shopping Revel in the joys of holiday shopping along Stillwater's historic main street where you'll find perfect gifts and entertainment essentials. More than 50 downtown boutiques showcase an astonishing variety of locally made goods and unique ideas. These independently owned businesses provide a laidback. friendly ambiance too. ^otonc Main Street Prrnke's Park once and enjoy walking amid vintage buildings to shopping. dining. and even some lodging There's free on -street and city lot parking available from November to May. with a nearby parking ramp for S5 per day Shopping is a favorite Stillwater pastime Whether browsing necklaces and shoes inside a hidden second story boutique. or trying on the latest high fashion dresses . jeans . or jewelry you're sure to find new favorites European wearable brands fill SASH and Simply Chic stocks affordable accessories for all ages, while outdoors enthusiasts appreciate adventure clothing and shoes. or gear. at 45 Degrees Don't forget. no sales tax on clothes in Minnesota' Mary clothing shoos ake Enchant! for fashioe seas Want to spruce up your home for the holidays' Fans of upcycled home decor & painted furniture enjoy browsing My Sister's Cottage or Reclaiming Beautiful. You'll find eclectic home accents and clocks at Forget Me Not. rocks. fossils and funny gifts at Art n Soul and a general department store feel from garden to bed and bath accessories to custom furniture. at Alfresco Casual Lwin There are baby carriers at Lil Tulips. natural soaps at Modern Roots. locally designed stationery at Mara -Mi and children's toys at Gammy & Gumpy s Toy Store that are eco -friendly or support charitable organizations Poodles can purchase top-quality cheese. or olive oil, downtown, plus fresh candy and popcorn. while Spice & Tea Company is known for premium -quality seasonings and loose leaf teas Find unique imported goods from Kathe Wohlfahrt German Christmas Store or Designs of Sweden For the crafty in the family make a stop at Darn Knit Anyway and the avid reader Valley Bookseller Shop Stillwater s used book stores and vintage antini Ic chnnc fnr mnrc nrcat ni irrhacnc The Gift of Experience When you're ready to take a break from shopping, there are many more fun thinas_to do in Stillwater. Enjoy breathtaking views of the St. Croix River Valley atop one of several historic main street stairways, or browse the beautiful two- and three-dimensional work of local artists at Tamarack Art Gallery and Stillwater Art Guild & Gallery Or learn new culinary skills such as how to make the ultimate stir fry dish. and French inspired brunch dishes for holiday gatherings. Gift giving becomes more personal when you create your own hand -painted pottery. custom heirloom iewelry. or spend an afternoon at Sawdust Savvy. The ideal Girlfriend Experience or DIY holiday gift idea. this woman -owned 'shop' provides all the power tools. paint and other accessories needed to create custom wood crafts without assembling your own workshop Create gifts together at Sa.ti'iust Savvy workshops Stillwater gift certificates can cover meals at local restaurants. tastings at local wineries. canvas Paint.Sip.Nosh experiences or a behind -the -scenes culinary walking tours with Foodies on Foot You can treat loved ones to a stay in one of eight beautiful, historic Stillwater bed & oreakfasts too, as well as trolley tours or boat tours. For more adventurous souls. book a hot air balloon ride or Seaway tour If your loved one enjoys being pampered. a gift certificate for spa & salon treatments will create the perfect 'girl's day.' Create gifts togetrer at Sawdust Saw)' workshops Stillwater gift certificates can cover meals at local restaurants. tastings at local wineries. canvas Paint.Sip Nosh experiences or a behind -the -scenes culinary walking tours with Foodies on Foot You can treat loved ones to a stay in one of eight beautiful. historic Stillwater bed 3 breakfasts too, as well as trolley tours or boat tours. For more adventurous souls. book a hot air balloon ride or Seaway tour If your loved one enjoys being pampered. a gift certificate for soa a salon treatments will create the perfect -girl's day.' Eat. Drink & Stay More than 30 downtown Stillwater restaurants and pubs can satisfy your hunger and thirst, as well as two breweries and two wineries. Sip your favorite coffee drink and savor freshly prepared quiche beside a roaring fire. or chow down on hearty Irish fare In addition. sample cuisine riverside at The Dock Cafe and rich. delicious Caribbean seafood stew from Nacho Mamas Whether you prefer pizza or burgers. scratch -made Thai food. or a house Reuben served with a side of bicycle repair. Stillwater dining offers plenty of tasty options. Arr Bean Mansion's So!arrum Suite This lovely city features diverse accommodations too. You can stay at a contemporary hotel with an indoor pool. in nearby Oak Park Heights. MN. or a historic downtown inn. For a more personal lodging experience. settle into one of eight cute and cozy B&Bs. within short walks and drives from Main Street. while spa home retreats or sleek. modern downtown lofts combine privacy with all the comforts of home No matter which option you choose. be sure to ask about=StavAnExtraDav deals too. There's no better place to celebrate the holiday season than in Stillwater. MN. where natural winter beauty and seasonal events only enhance the charm of this riverside city=OnlyinMN Horne Lodging Events Weddings Meetings Deals Media Dining & Night Life f 08+ a%® CXPLOIM MIH MINN •rA http://www.discoverstillwater.com/best-towns-holiday-shopping- celebrations-stillwater-mn/ MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE 324 MAIN STREET SOUTH • SUITE #260 • STILLWATER, MN 55082-5165 TELEPHONE: (651) 439-9464 • FACSIMILE: (651) 439-5641 W W W. MAGNUSONLA WFIRM.COM DAVID T. MAGNUSON AMANDA K. DREW DTMAONUSON@MAGNUSONLAWFIRM.COM AKDREW@MAGNUSONLAWFIRM.COM MEMORANDUM TO: Mayor and City Council FROM: David T. Magnuson DATE: February 16, 2017 RE: Lodging Tax State Law permits the City to tax lodging at the rate of 3%, provided that 95% of the tax collected is used to fund a local convention and visitor's bureau for the purpose of marketing the area as a tourist or convention center. The remaining 5% can be retained by the City to offset the costs of administering the tax. The tax was first established in Stillwater in 2007, and was extended in 2010 and in 2014, and unless extended again the tax will expire at the 2017. Attached for reference is a copy of the MN Statue that authorizes the tax. Respectfully submitted, David T. M gnuson DTM/jp Attachment — Minn. Stat. § 469.190 2/16/2017 469.190 - 2016 Minnesota Statutes 2016 Minnesota Statutes 469.190 LOCAL LODGING TAX. Subdivision 1. Authorization. Notwithstanding section 477A.016 or any other law, a statutory or home rule charter city may by ordinance, and a town may by the affirmative vote of the electors at the annual town meeting, or at a special town meeting, impose a tax of up to three percent on the gross receipts from the furnishing for consideration of lodging at a hotel, motel, rooming house, tourist court, or resort, other than the renting or leasing of it for a continuous period of 30 days or more. A statutory or home nile charter city may by ordinance impose the tax authorized under this subdivision on the camping site receipts of a municipal campground. Subd. 2. Existing taxes. No statutory or home rule charter city or town may impose a tax under this section upon transient lodging that, when combined with any tax authorized by special law or enacted prior to 1972, exceeds a rate of three percent. Subd. 3. Disposition of proceeds. Ninety-five percent of the gross proceeds from any tax imposed under subdivision 1 shall be used by the statutory or home rule charter city or town to fund a local convention or tourism bureau for the purpose of marketing and promoting the city or town as a tourist or convention center. This subdivision shall not apply to any statutory or home rule charter city or town that has a lodging tax authorized by special law or enacted prior to 1972 at the time of enactment of this section. Subd. 4. Unorganized territories. A county board acting as a town board with respect to an unorganized territory may impose a lodging tax within the unorganized territory according to this section if it determines by resolution that imposition of the tax is in the public interest. Subd. 5. Reverse referendum. If the county board passes a resolution under subdivision 4 to impose the tax, the resolution must be published for two successive weeks in a newspaper of general circulation within the unorganized territory, together with a notice fixing a date for a public hearing on the proposed tax. The hearing must be held not less than two weeks nor more than four weeks after the first publication of the notice. After the public hearing, the county board may determine to take no further action, or may adopt a resolution authorizing the tax as originally proposed or approving a lesser rate of tax. The resolution must be published in a newspaper of general circulation within the unorganized territory. The voters of the unorganized territory may request a referendum on the proposed tax by filing a petition with the county auditor within 30 days after the resolution is published. The petition must be signed by voters who reside in the unorganized territory. The number of signatures must equal at least five percent of the number of persons voting in the unorganized territory in the last general election. If such a petition is timely filed, the resolution is not effective until it has been submitted to the voters residing in the unorganized territory at a general or special election and a majority of votes cast on the question of approving the resolution are in the affirmative. The commissioner of revenue shall prepare a suggested form of question to be presented at the referendum. Subd. 6. Joint powers agreements. Any statutory or home rule charter city, town, or county when the county board is acting as a town board with respect to an unorganized territory, may enter into a joint exercise of powers agreement pursuant to section 471.59 for the purpose of imposing the tax and disposing of its proceeds pursuant to this section. Subd. 7. Collection. The statutory or home rule charter city may agree with the commissioner of revenue that a tax imposed pursuant to this section shall be collected by the commissioner together with the tax imposed by chapter 297A, and subject to the same interest, penalties, and other rules and that its proceeds, less the cost of collection, shall be remitted to the city. History: 1987 c 291 s 191, 1989 c 277 art 1 s 30: 1501989 c 1 art 8 s 1-3; 1990 c 604 art 6 s 6-8 Copyright C) 2016 by the Revisor of Statutes, State of Minnesota. All rights reserved. Authenticate https://www.revisor.mn.gov/statutes/?id469.190 1/1 EXHIBIT "A" TO RESOLUTION #2017-031 Page 1 LIST OF BILLS 1ST Line/Leewes Ventures LLC Ace Hardware Advanced Sportswear Air Down There Al's Coffee Company American Planning Association Aspen Mills Aspengren Michael Bennett & Koch Construction Bernicks Blue Tarp Financial BMI General Licensing Brines Bar and Restaurant Buckley John Burks Tree and Landscape Care Business Data Record Services Campion Barrow & Associates Carquest Auto Parts Century College Century Link Century Power Equipment City of St. Paul Comcast Cope Plastics Inc. Cub Foods ECM Publishers ECSI System Integrators Emergency Automotive Enterprise FM Trust Environmental Equipment & Services Fastenal Company Flaherty & Hood P.A Frontier Ag & Turf Frontier Precision Inc. G & K Services G Urban Companies Inc Gateway Cycle Goodin Company Gopher State One Call Inc. Grainger Hagen Mike Halbert Lynda Haussner Plumbing LLC Holiday Companies I- State Truck Center Snacks for concessions Supplies Embroidery on uniforms Hose Coffee and supplies for concessions APA Membership Uniforms & safety equipment Reimburse for training expenses Grading Escrow Refund Beverages for concessions Equipment repair supplies Music license Reimburse for actual police services Reimburse for Work Boots Tree care Document shredding Testing Auto parts & supplies Training course Telephones Equipment repair supplies Asphalt Internet & Voice Polycarbonate Meals Publications Annual fire alarm monitoring Vehicle repair charges Lease vehicles Equipment Supplies Compensation study Equipment repair supplies Trimble Mats & Uniforms Police remodel Bicycle tune ups Vacuum breakers Locates Broadcast spreader Reimburse for work boots Consulting fee Replace valve on water heater Vehicle washes Machinery 899.10 125.98 140.00 116.50 774.25 295.00 2,392.48 460.56 1,500.00 371.80 49.25 342.00 175.56 148.74 715.00 93.45 515.00 288.07 840.00 558.91 399.86 663.24 597.86 137.19 86.33 262.64 1,125.00 855.00 1,558.52 999.49 238.18 12,925.00 365.78 27,129.05 1,315.90 39,109.41 484.08 620.15 110.70 223.32 147.95 100.00 256.00 220.00 72,382.00 EXHIBIT "A" TO RESOLUTION #2017-031 Page 2 IdentiSys J.H. Larson Company Jansen Chad Jefferson Fire and Safety Inc. Kath Companies Kellington Construction L3 Corn Mobile -Vision Lake Country Door LLC League of MN Cities League of MN Cities Ins Tr Lemoine Chyrisse Loffler Companies Madden Galanter Hansen LLP Marshall Electric Company Menards MidAmerica Technical Services Inc Miller Excavating MN Dept of Transportation Modern Heating & Air MP Nexlevel LLC North American Safety Northern Technologies Office Depot Olsen Chain and Cable Inc. OnSite Sanitation O'Reilly Auto Parts Pepsi Beverages Company Peterson Austin Phasor Electric Company Pinnacle Wall Systems Riedell Shoes Inc. Robole Donna Secure Benefits Systems ShelterTech Corp Shilts Cindy Simplifile LC St. Croix Boat and Packet Co St. Croix Boat and Packet Co. Stillwater Motor Company Stillwater Towing Strategic Insights Inc. Streichers SW/WC Service Cooperatives T.A. Schifsky and Sons TBEI Inc/Crysteel Manufacturing Toll Gas and Welding Supply Tri-State Bobcat Color ribbon Building repair supplies Reimburse for expenses Safety equipment Antifreeze Police remodel In car video system Building repair charges Workers Comp Claim Quarterly Municipality Insurance Reimburse for expenses Copier Lease Arbitration & Admin Hearings Building repair charges Supplies Waste & oil processing 2016 North Mulberry Parking Lot Traffic signal maint 2016 Parking ramp heater repair Locating Safety equipment Professional services Office supplies Building repair charges Portable restroom rental Auto parts and supplies Beverages for concessions Reimburse for lodging Police Remodel Police Remodel Skates Reimburse for mileage Admin fees Police remodel Reimburse for expenses Filing fees Ramp cleaning Arena Billing Parts & service Towing service Plan it capital planning software Vests Retiree & COBRA Health Insurance Recycled base Machinery Cylinders Window guard & strobe kit 200.50 157.38 950.92 1,052.62 644.00 8,086.23 5,123.00 569.50 2,090.37 131,045.00 64.24 1,549.18 5,368.78 9,824.00 1,149.52 1,036.70 7,888.17 209.17 1,313.94 351.25 174.00 4,600.00 2,314.80 2,992.46 308.00 111.20 900.59 342.98 15,200.00 17,406.37 920.23 41.73 33.00 480.00 292.22 100.00 810.00 67,107.30 176.85 475.00 675.00 5,290.00 69,249.36 75.69 181,267.00 44.14 975.00 EXHIBIT "A" TO RESOLUTION #2017-031 Page 3 UHL Company Unique Paving Materials Inc. Valley Trophy Inc. Voyant Communications Winnick Supply Wold Architects and Engineers Zacks Inc. LIBRARY Baker and Taylor Blocher Carolyn Brodart Co Commercial Furniture Services Dettmann Diane Ebsco Publishing G & K Services Intereum Inc. Menards Midwest Tape Minitex NAC Mechanical Services Proquest Stillwater Medical Group Toshiba Business Solutions parking ramp service call Cold mix Name plate Phone Supplies PD Project Rakes and brooms Materials Supplies - Staff Reimbursement Materials Furnishings Materials Materials Towels & Rugs Computer Workstations Janitorial Supplies Materials RFID Tags Building Repairs Library Thing for Libraries Drug Screening Maintenance Contract 266.00 213.20 21.00 525.40 36.30 1,554.78 459.97 1,280.72 20.22 1,421.89 2,987.34 15.00 120.50 87.34 15,856.98 35.42 126.26 798.00 472.50 545.00 204.00 77.04 RESOLUTION 2017-034 RESOLUTION APPROVING CITY OF STILLWATER HIRING PRACTICE POLICY FOR VACANT, NEW, SEASONAL, TEMPORARY AND PART-TIME POSITIONS WHEREAS, due to budget cuts, on March 18, 2008 the Stillwater City Council established a hiring freeze requiring justification of seasonal -temporary employees to be submitted by the Public Works Director and Police Chief for their respective departments for City Council approval prior to hiring those positions; and WHEREAS, the City Council reviews funding requests for all City positions including vacant, new, seasonal, temporary, and part-time positions through the annual budget process, and approves all City positions in the adopted City budget; and WHEREAS, the City has implemented an applicant tracking software system that provides a review and approval process by the Department Head, Human Resources, Finance Director and City Administrator prior to hiring for all vacant, new, seasonal, temporary, and part-time positions that have been approved in the final adopted City budget. NOW THEREFORE, be it resolved that the hiring freeze implemented in 2008 requiring City Council review and approval prior to hiring positions which have been approved in the annual City budget is hereby rescinded under the following conditions: 1. Vacant, new, seasonal, temporary, and part-time positions are presented to the City Council in the annual budget discussions. 2. Vacant, new and seasonal, temporary, and part-time positions are approved and funded by the City Council in the adopted City budget. 3. Requests to hire employees for vacant, new, seasonal, temporary, and part-time positions that have been approved in the adopted City budget require review and approval through the City applicant tracking software system prior to filling the position. 4. Any new positions created outside of the annual budget process will be presented to the City Council for approval. Adopted by the Stillwater City Council this 21st day of February, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk atei Administration TO: Mayor & City Council FROM: Tom McCarty, City Administrator DATE: February 14, 2017 SUBJECT: Approval of Contract with RES Specialty Pyrotechnics for 4th of July Fireworks BACKGROUND INFORMATION: RES Specialty Pyrotechnics will once again provide the City's 4th of July fireworks for 2017. The contractor will provide all materials, equipment, licensed operators, obtain all necessary permits and obtain required liability insurance for the event. The total cost of the fireworks program is $43,000 which is included in the adopted 2017 Special Events City Budget. The proposed agreement between the City and the RES Specialty Pyrotechnics is included with the resolution. The proposed reschedule date for cancellation due to inclement weather is July 5, 2017. RECOMMENDATION: It is recommended that Council approve a resolution entitled "Approving the contract with RES Specialty Pyrotechnics" for 2017. RESOLUTION 2017-035 APPROVING CONTRACT WITH RES SPECIALTY PYROTECHNICS BE IT RESOLVED, by the City Council of Stillwater, MN that contract between RES Specialty Pyrotechnics and the City of Stillwater, for 4th of July Fireworks for 2017, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign the contract. Adopted by the City Council of the City of Stillwater this 21St day of February, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk AGREEMENT This Agreement is made this 21st day of February 2017, between the City of Stillwater, Washington County, Minnesota ("City") and RES Specialty Pyrotechnics, 21595 - 286th Street, Belle Plaine, Minnesota 56011 ("Contractor"). I. WITNESSETH WHEREAS, the City desires to provide a fireworks display for the 4th of July; and WHEREAS, the Contractor is capable of fulfilling this need by rendering pyrotechnic expertise; NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: II. DUTIES OF THE CONTRACTOR 1. The Contractor, for and in consideration of the sum of Forty-three Thousand and no/100ths Dollars ($43,000.00), including tax, to be paid hereinafter set forth, agrees to furnish the City one fireworks display, as outlined in the proposal submitted and attached to this Agreement as "Exhibit A," and by this reference made a part hereof, including the services of the Contractor's expert operators to be in full charge and to fire said display to be given on the evening of July 4, 2017, at Legion Beach, located in Houlton, Saint Croix County, Wisconsin, weather permitting. 2. The fireworks display shall be digitally choreographed to music provided by the Contractor and the timing of the fireworks shall be electronically fired with the music provided. In addition, the music element of the display described in Exhibit A in the contract is amended to provide enhanced system according to the specification established by the City Administrator. 3. Upon arrival at the shoot site on July 4, 2017, the Contractor must furnish the City with a shell inventory form outlining the specific quantities and sizes of each shell type that have been brought to the site. The Contractor must comply with City requests to verify the sizes and counts of shells brought by the Contractor. 4. Following the shoot, a shell count shall be conducted and any unused shells shall remain the property of the City to be stored by the Contractor. The Contractor agrees to furnish all equipment and all personnel necessary to set-up and shoot the fireworks display. The Contractor agrees to scan the designated shoot site for paper or garbage left from the display or its operators before departing the site. 5. The Contractor agrees to abide by safety standards and procedures as required by the City and as established by the American Pyrotechnic Association and the State of Minnesota. 6. The Contractor agrees to provide safety equipment for the crew including, but not limited to fire extinguishers, hearing plugs, hard hats, eye goggles, cotton coverings, and First Aid supplies. 7. The Contractor shall obtain Fire Marshall's permit from the City of Stillwater for the fireworks display, complying with all additional requirements set forth by the City Fire Marshall. 8. The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations. 9. The Contractor agrees that in order to protect itself and the City under the indemnity provision set forth above, it will at all times during the term of this Agreement, keep in force policies of insurance as indicated in this contract. The insurance protection will have the following limits: A. Comprehensive Commercial General Liability: (1) Bodily Injury (including completed operations and products liability). (2) Property Damage Liability Insurance will provide Explosion, Collapse and Underground coverages where applicable. (3) Personal Injury, with employment exclusion deleted: $5,000,000 Combined Single Limits B. Comprehensive Automobile Liability: (1) Bodily Injury: $ 500,000 Each Person $1,000,000 Each Occurrence (2) Property Damage: $ 100,000 Each Occurrence C. Workers' Compensation coverage. The Contractor further agrees to name the City as additional insured in said insurance policies and to provide a certificate of said insurance to the City prior to commencing work. The Contractor agrees to notify the City twenty- five (25) days prior to cancellation or a change in any of the aforementioned insurance policies. III. DUTIES OF THE CITY 10. The City agrees to furnish, at its cost, to the Contractor, sufficient space for the safe and proper presentation of the fireworks display and all necessary Police protection, to provide the necessary perimeters for restricting the public from gaining access to the shoot site. 11. Upon execution of the terms of this Agreement, following the fireworks display on the night of July 4, 2017, payment shall be made in full by the City within two weeks. IV. MISCELLANEOUS 12. The Parties agree that should inclement weather prevent the fireworks display from occurring on July 4, 2017, the Contractor shall be entitled to a fee charge of Three Thousand and no/100ths Dollars ($3,000.00). In the event of a cancellation for inclement weather, the fireworks display will be rescheduled to July 5, 2017 or another mutually agreed upon date. 13. It is agreed that nothing herein contained is intended, or should be construed in any manner, as creating or establishing the relationship of co-partners between the parties hereto, or as constituting the Contractor staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Contractor and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Contractor represents that it has, or will secure at its own expense, any and all personnel required in performing services under this Agreement. Personnel, while engaged in the performance of any work or services required by the Contractor under this Agreement, shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota, on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Contractor, its officers, agents, contractors or employees shall in no way be the responsibility of the City, and the Contractor shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. 14. The Contractor shall defend, indemnify and hold harmless the employees and agents, from any and all claims causes of action, lawsuits, damages, losses or expenses, including attorney's fees, arising out of or resulting from the Contractor's (including its officials, employees or agents) performance of the duties under this Agreement. 15. Any amendments to this Agreement shall be in writing and executed by the parties in the same manner as this Agreement. 16. This Agreement shall be interpreted under the laws of the State of Minnesota. 17. The parties mutually and severally guarantee the terms, conditions, and payments of the Agreement, which shall be binding upon the parties, heirs, executors, administrators, successors and assigns. 18. Both parties agree to adhere to the provision of the Americans with Disabilities Act of 1990, 72 U.S.C., Section 12101-12213 (1990) ("ADA"), if applicable. 19. This Agreement shall not be assignable except at the written consent of the City. 20. This Agreement represents the entire agreement between the City and the Contractor and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, and amendments, addenda, alterations or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 21. The Contractor agrees, as a condition of being awarded this Agreement, to require each of its agents, officers and employees to abide by the City's policies prohibiting sexual harassment, firearms, unlawful discrimination and smoking, as well as all other reasonable work rules, safety rules or policies regulating the conduct of persons on City property at all times while performing duties pursuant to this Agreement. The Contractor agrees and understands that a violation of any of these policies or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. IN WITNESS WHEREOF, the parties have set their hands this 21st day of February, 2017. STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON ) CITY OF STILLWATER By: Ted Kozlowski, Mayor ATTEST: By: Diane F. Ward, City Clerk On this day of . 2017, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Diane F. Ward, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public CONTRACTOR RES SPECIALTY PYROTECHNICS By: Steve Coman Its: President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was sworn to and subscribed before me this day of , 2017, by Steve Coman, President, for RES Specialty Pyrotechnics, CONTRACTOR. Notary Public EXHIBIT A RES Specialty Pyrotechnics MAGIC IN THE AIR ■ Tuesday, January 24, 2017 J. Thomas McCarty Stillwater City Administrator Stillwater City Hall 216 Fourth Street North Stillwater, MN 55082 Dear Tom: RECEIViED �aN 27 NV We are delighted to design another fireworks program for the City of Stillwater on Tuesday, July 4, 2017. Our enclosed fireworks proposal indicates size, shell effect, and quantity of shells. There may be modifications to the listed effects due to inventory availability, nature of the site, and upgrade of product. The shells listed in our proposal will be used to design the following segments: Opening Barrage, Main Show Body, Select Patriotic Shell, Signature Pattern Shell, Multiple Effects Barrages, and Grand Finale. Our displays are electronically fired for added safety. We will provide all materials, equipment, licensed operators, a sound system along the river, and will obtain all necessary permits and $5,000,000.00 liability insurance. The total cost will be $43,000.00. Please feel free to contact me should you have any additional questions. Sincerely, Ervin J. Haman Director of Business Development RES Specialty Pyrotechnics 21595 286th Street • Belle Plaine, MN 56011 • Phone: 952.873.3113 • Fax: 952.873.2859 tiro lbw bolo FIREWORKS DISPLAY PROPOSAL FOR CITY OF STILLWATER JULY 4,2017 RES PYRO NONDISCLOSURE The material contained in this document is confidential and is for review only by those directly involved in awarding this bid. This document may not be copied or reproduced in any fashion without written consent of RES Pyro, Inc.. CONFIDENTIALITY Our ideas, concepts and creativity are our livelihood. Your respect for our confidentiality is appreciated. Immo \tli> RES PYRO Fireworks Display Proposal for City of Stillwater July 4, 2017 What's in My Fireworks Display? We chose a broad spectrum of local and international products for the City of Stillwater. They include a carefully selected variety of Chinese, Taiwanese, Japanese and domestic fireworks, plus our own custom -manufactured products. The high-quality shells we use are chosen and crafted for their wow factor. Nearly all of them feature tailed and rising effect designs. This makes it easy for audiences to watch the fireworks streak up from the ground through the sky and burst into color overhead. How is My Fireworks Display Presented? The success of your fireworks show depends on the execution of your display. We understand the difference between "throwing a bunch of stuff into the air" and creating a synchronized visual and aural experience. Over the years, we've determined the most effective display setup for an awe-inspiring presentation. We use an angled rack setup to cover a greater area of the sky. A variety of effects are shot simultaneously into the air in a "V" pattern, filling two separate areas of the sky with identical paterns. All fireworks for the City of Stillwater will be shot by a sophisticated computer firing system. You r- can expect: • A preloaded fireworks show • Precisely -timed choreography • No large gaps of time with only a black sky • Easier control of show pacing • Multiple firings • Added safety for the audience and staff (no handling shells in the dark or inclement weather) - Your shows's themes will be highlighted throughout our choreography, helping the audience better connect with and appreciate your event. Fireworks display proposal for the City of Stillwater •- What's in the Main Show Body of My Fireworks Display Here's a list of the types of products you'll find in your fireworks display: • Color and report shells • Pattern shells, e.g., hearts, hourglass, stars, butterflies, rings • Effect shells, e.g., whistles, serpents, tourbillions • Strobe and shimmer effects • Glitter and tremalon shells • Crackling and crossette shells • Traditional Japanese shells, e.g., diadems, Saturns, palms, chrysanthemums Shells from the following manufacturers will be displayed: Lidu, Glorious, Kanto, ICON, Sunny, Legion, San Tai, Yung Feng, U.S. Designer, AM Pyro, Flashing Thunder, Vulcan, & RES Pyro. For the City of Stillwater, we'll also include a unique segment of signature pattern shells. These shells capture audience's attention with exciting patterns in the sky, like Saturn rings, colored stars with rings, smiley faces, jellyfish, concentric rings, poinsettias and hearts. We'll also include a red, white and blue patriotic segment to showcase our country's colors. A variety of shell effects and designs will be used to highlight the colors of our flag. There may be modifications to the listed products due to inventory availability, nature of the site �. and product upgrades. - What can I Expect in my Fireworks Finale? There'll be no mistake when your grand finale begins. The sky will illuminate with dazzling colors, becoming louder and more brilliant as the finale progresses. We're able to create this kind of experience by using multiple levels of effects. They appear to morph into waves of glittering colors that continue to increase in intensity until the pinnacle - complemented by breathtaking fancy color shells overhead. L Fireworks display proposal for the City of Stillwater Shows for Reference City of Edina Dick Crockett 952-833-9573 City of Lakeville Patty Dexter 952-985-4610 Slice of Shoreview _ Jacci Krebsbach 651-483-2416 — City of Bloomington Mark Morrison 952-563-8693 Maple Grove Days Mike Kinnan — 763-424-4365 City of Eden Prairie — Lindsey Danhauser 952-949-8304 MN Recreation & Parks Assn Michelle Snider 763-571-1305 Excelsior Chamber of Commerce Laura Hotvet 952-474-6461 Saint Paul Saints Baseball Derek Sharrer 651-644-3517 Minnesota Twins Baseball Matt Hoy 612-659-3651 City of Minnetonka Sara Woeste 952-939-8316 City of Stillwater July 4, 2017 $43,000 Total Materials Used by Size Grand Total of Effects in Display 3 Inch 4 Inch 5 Inch 6 Inch 8 Inch 10 Inch 12 Inch Barrages 612 416 189 162 75 21 4 7 1486 2649 City of Stillwater July 4, 2017 Opening Barrage Size Qty — Finale Titanium Salute w/Red Tail 3 12 Finale Red White & Blue Variegated Chrysanthemum w/Red Tail 3 24 Finale Titanium Salute w/Blue Tail 3 24 Finale Silver Time Rain Coconut Tree w/Silver Tail 4 18 Glittering Silver Chrysanthemum to Violet w/White Flashing Pistil 4 3 Green Wave to Gold Glitter w/Green Flashing Pistil & Silver Tail 4 3 Red Crackling Peony w/White Flashing Pistil & Red Tail 4 3 Red Gamboge to Sea Blue w/White Flashing Pistil & Brocade Tail 4 3 `,,,. Glittering Gold Chrysanthemum w/Magenta Pistil & Brocade Tail 4 4 Purple Wave w/Gold Crackling Chrysanthemum Flower Pistil & Tail 4 3 Lemon Chrysanthemum w/Mag Green Pistil & Brocade Tail 4 3 Red to Blue Chrysanthemum w/Flashing Lemon Pistil & Red Tail 5 3 Glittering Purple w/Aqua Pistil & Rising Green Flowers 5 3 Red to Yellow to Silver Flashing Chrysanthemum w/Silver Tail 5 3 Red Strobe Chrysanthemum to Gold Strobe w/Sea Blue Pistil & Tail 5 3 Lemon Pink & Sea Blue Chrysanthemum w/Purple Pistil & Tail 5 3 Brocade Crown to Purple w/Brocade Ring & Crackling Tail 5 3 Glittering to Purple to Orange & Spangle Pistil & Whistling Tail 6 2 Silver Glitter Chrysanthemum w/Kaleidoscope Pistil & Red Tail 6 2 Gold Flash w/Gold Chrysanthemum Pistil & Gold Tail 6 2 Thunderbolt Chrysanthemum w/Thunderbolt Pistil & Brocade Tail 6 2 Pink to Lemon to Grass Green Chrysanthemum w/Flower Pistil & Tail 6 2 Glittering Gold Chrysanthemum to Purple w/Popping Flower Pistil 8 1 Glittering Silver to Cherry w/Turquoise Pistil & Rising Cherry Flower 8 1 Silver to Sea Blue Chrysanthemum w/Red Pistil & Rising Flowers 8 1 Glittering Silver to Red & Blue w/Flashing White Pistil & Rising Flowers 10 1 Gold Wave to Violet Chrysanthemum w/Popping Flower Pistil & Tail 10 1 Purple to Green to Yellow Chrysanthemum w/Double Pistils 10 1 Total Opening Barrage Effects in Display 134 City of Stillwater July 4, 2017 4 Inch Main Show Size Qty Silver Wave to Red & Blue Double Ring w/Silver Tail 4 3 Gold & Silver Time Rain Peony w/Coconut Pistil & Silver Tail 4 4 Green to Gold Crackling Chrysanthemum Flower & Purple Tail 4 3 Green to White Flash Peony w/Green Crossette Pistil & Silver Tail 4 4 Gold Wave to Cherry to White Flashing w/Brocade Tail 4 3 Turquoise & Magenta Chrysanthemum w/White Blinking Pistil 4 4 White Twinkling Chrysanthemum w/Purple Pistil & Purple Tail 4 3 Violet Chrysanthemum w/Chartreuse Pistil & Brocade Tail 4 3 Gold Wave & Grass Green Ring w/Violet Pistil & Gold Tail 4 3 Lemon to Mag Red Chrysanthemum w/Silver Tail 4 3 Magenta Chrysanthemum w/Aqua Pistil & Brocade Tail 4 4 Blue Chrysanthemum w/Blinking White Pistil & Silver Tail 4 4 Red Dark Red Peony w/Sea Blue Crossette Pistil & Silver Tail 4 3 Half Lemon Half Purple Peony w/Silver Nishiki Kamuro Ring 4 3 Purple Dark Silver Peony w/Green Pistil & Silver Tail 4 3 Lemon Peony w/Grass Green Pistil & Silver Tail 4 3 Green to Time Rain w/Silver Tail 4 3 Red Wave w/White Strobe Pistil & Red Tail 4 4 Imo White Strobing Peony w/White Strobing Tail 4 3 Violet and Lemon to Flash Peony w/Silver Tail 4 3 Red to White Flash w/Brocade Green Pistil & Green Tail 4 4 Half Orange Half Sea Blue Peony w/Silver Tail 4 3 '' Red White & Blue Chrysanthemum w/Silver Strobing Pistil 4 3 Silver Wave to Green Flashing Flower w/Brocade Tail 4 3 +— Pink Peony w/Coconut Pistil & Silver Tail 4 3 Kamuro to White Strobe Hourglass w/Magenta Ring & Brocade Tail 4 2 Purple Ring w/Popping Flower Pistil & Brocade Tail 4 2 Poinsettia Multicolor (Magenta Aqua Cyan Lemon) w/Purple Tail 4 2 Gold Wave to Double Magenta & Sea Blue Ring w/Brocade Tail 4 2 Lemon to Magenta Color Changing Ring w/Crackling Flower Pistil 4 2 Magenta Ring in Turquoise Ring w/Brocade Tail 4 2 ` Silver Wave to Double Cyan & Purple Ring w/Silver Tail 4 2 Smiley Face (Multicolor) w/Brocade Tail 4 2 Kamuro Circle w/Purple Pistil & Brocade Tail 4 2 Red Heart w/Shooting Silver Stars & Silver Tail 4 2 Yellow to Red to Silver Change Ring w/Silver Tail 4 2 Red Cover Green Ring w/White Strobe Pistil & Silver Tail 4 2 City of Stillwater July 4, 2017 Strobing Ring w/Alt Red & White Strobe w/Red Tail 4 2 Spiral Ring Cherry & Sea Blue Alt Stars w/Whistling Tail 4 2 Magenta Umbrella w/Lemon Strobe Pistil 4 3 Magenta Dahlia w/Crackling Pistil & Red Tail 4 3 Orange Dahlia w/White Strobe Pistil & Silver Tail 4 3 Silver Glitter to Green Crossette w/Green Tail 4 3 Silver Crackling Flower Crossette w/Crackling Tail 4 3 �. Glitter Silver to Blue Crossette w/Cracking Pistil 4 3 Orange & White Strobe w/Strobe Tail 4 3 Purple Crossette w/Wave & Brocade Tail 4 3 Silver Dahlia to Green w/Green Tail 4 3 Multicolor Flying Stars w/Silver Tail 4 4 Kiddy Fishes in Crowds w/Gold Tail 4 4 Red Wave Crossette w/Crackling Tail 4 3 Silver Crackling Flower Palm Tree w/Crackling Tail 4 4 Wave Coconut Tree to White Crossette w/Red Tail 4 3 Glittering Coconut Tree w/Flashing Red Pistil & Brocade Tail 4 3 Gold Coconut Tree w/White Flashing Pistil & Gold Tail 4 3 Red Coconut Tree w/Blue Pistil & Red Tail 4 3 Silver Palm w/Red Tip & Silver Strobe Pistil & Red Tail 4 3 Silver Spider w/Mag Red Pistil & Red Tail 4 4 Gold Palm Tree w/Orange Strobe Pistil & Gold Tail 4 4 Gold Spider w/Mag Green Pistil & Gold Tail 4 4 Crackling Spider w/White Flashing Pistil & Crackling Tail 4 3 Red Gamboge Crown w/Glitter Coconut Core & Red Tail 4 3 �.. Red to Green Flashing Big Willow w/Silver Tail 4 3 Diadem Chrysanthemum w/Reports & Whistling Tail 4 4 Happy Stars Willow w/Crackling Tail 4 4 Kamuro w/White Flashing Pistil & Brocade Tail 4 3 Gold Brocade Crown w/Violet Pistil & Gold Tail 4 3 Purple Diadem to White Flashing w/Purple Tail 4 3 Gold Kamuro w/Multicolor Palm Pistil & Silver Tail 4 3 Crackling Willow w/Red Strobe Pistil & Crackling Tail 4 4 Kamuro to Green w/Silver Tail 4 3 .. Silver Willow w/Sea Blue Tips & Silver Strobe Pistil & Silver Tail 4 3 Total 4 inch Main Show Effects in Display 218 City of Stillwater July 4, 2017 5 Inch Main Show Size Oty Red Wave w/White Strobe Pistil & Red Tail 5 3 Purple Dark Yellow Peony w/Yellow Tail 5 3 Glittering Chrysanthemum to Orange w/Purple Pistil & Brocade Tail 5 3 Blue Wave to Gold Chrysanthemum w/Gold Tail 5 3 Yellow to Orange to White Flashing w/Strobe Tail 5 3 Grass Green to Silver Chrysanthemum w/Strobing Silver Pistil 5 3 Half Purple to Green & Half Green to Purple w/Gold Tail 5 3 Half Red Half Kamuro w/Silver Tail 5 3 Aqua to Purple Chrysanthemum w/Silver Tail 5 3 Gold Flash to Purple to White Flash Peony w/Purple Tail 5 3 Lemon Peony w/Crackling Pistil & Silver Tail 5 3 Silver Wave to Lemon to Cherry w/Silver Tail 5 3 Purple Wave to Orange w/White Flashing Pistil & Brocade Tail 5 3 Red Peony w/Silver Strobing Pistil & Red Tail 5 3 Flower Wave w/Red Strobe Pistil & Brocade Tail 5 3 — Blue Chrysanthemum w/Purple Comet Pistil & Blue Tail 5 3 Double Crossette Ring Sea Blue & Orange w/Silver Tail 5 2 Lemon Ring in Orange Ring in Aqua Ring w/Rising Flowers 5 2 Green & Gold Glittering Brocade to Silver Ring w/Gold Tail 5 2 Green to White Strobe Parallel Ring w/Silver Strobe Tail 5 2 Red Five Pointed Star w/White Ring & Red Tail 5 2 Kaleidoscope w/Strobing Pistil & Rising Flowers 5 2 ` Peach to Grass Green Ring w/Silver Tail 5 2 Gold Bowtie in Red Ring w/Brocade Tail 5 2 Falling Small Flowers in Red Circle w/Rising Flowers 5 2 Half Red & Blue Ring w/Red to Blue & Blue to Red Pistil 5 2 Red Blue & Gold Ring w/Flash Lemon Pistil & Gold Tail 5 2 Purple to Silver w/Grass Green Crossette Pistil & Silver Tait 5 3 Silver Crackling Flower Crossette w/Crackling Tail 5 3 Lemon w/Crackling Dahlia w/White Strobe Pistil & Silver Tail 5 3 Magenta Umbrella w/Lemon Strobe Pistil & Silver Tail 5 2 ` Blue Dahlia w/Silver Coconut Pistil & Silver Tail 5 3 Silver Palm w/Blue Tip w/Crackling Pistil & Crackling Tail 5 3 Gold Spider w/X-shaped Green Strobe & Red Pistil & Brocade Tail 5 3 Silver Crackling Rain Palm Tree w/Crackling Tail 5 3 Red Crackling Coconut Tree w/Strobe Pistil & Red Tail 5 3 Wave Coconut Tree to White Crossette w/Crackling Tail 5 3 City of Stillwater July 4, 2017 Brocade Diadem Chrysanthemum w/Mag Green Pistil 5 3 Willlow to Flashing Cherry w/Cherry Tail 5 3 Kamuro to Sea Blue w/Flashing White Pistil Fr Brocade Tail 5 3 Crackling Willow w/Strobing Silver Pistil & Crackling Tail 5 3 Gold Willow to Purple w/Popping Flower Pistil & Gold Tail 5 3 Brocade Crown w/Variegated Double Pistil & Silver Tail 5 3 Brocade Crown w/White Blinking Pistil Er Brocade Tail 5 3 Total 5 inch Main Show Effects in Display 120 City of Stillwater July 4, 2017 6 Inch Main Show Size Qty Magenta to Lemon to Sea Blue Peony w/Brocade Tail 6 3 Flower Wave w/Green Strobe Pistil & Sea Blue Dahlia Ring 6 3 Yellow to Blue to White Flash w/Brocade Purple Pistil & Blue Tail 6 3 Lemon Pink Sea Blue Chrysanthemum w/Blinking White Pistil 6 3 Glittering Gold Chrysanthemum to Purple w/Gold Tail 6 4 Gold Flashing w/Eight Pieces Chrysanthemum Pistil & Gold Tail 6 3 Gold Silk Chrysanthemum w/Crackling Tail 6 3 Peach to Magenta Peony w/Crackling Pistil & Crackling Tail 6 3 Orange to Cyan Chrysanthemum w/Blinking White Pistil & Silver Tail 6 3 Brocade Chrysanthemum w/Red to Green Pistil & Silver Tail 6 3 Half Red Half Blue Chrysanthemum w/Silver Strobing Pistil & Tail 6 3 — Half Pink Half Lemon Peony w/Spangle to Crackling Pistil 6 3 Pink to Flower Wave w/Grass Green Pistil & Double Brocade Tail 6 3 Red Wave w/Gold Crack Chrysanthemum Pistil & Crackling Tail 6 3 Half Orange Half Green Peony w/Silver Nishiki Kamuro Ring 6 3 Chartreuse to Cyan Peony w/Mag Red Pistil & Brocade Tail 6 3 Cyan Peony w/Lemon Pistil & Silver Tail 6 3 Gold Wave to Cherry w/Sea Blue Pistil & Sea Blue Tail 6 3 Purple to Orange Chrysanthemum w/Drifting Green Flare Moon 6 3 Lemon Ring in Orange Ring in Aqua Ring w/Orange Tail 6 2 Red to Dark Green w/Three Brocade Crown Rings 6 2 Silver Wave Ring w/Seven Red Stars & Silver Tail 6 2 Silver Whirl Flower Ring w/Green Strobe Pistil & Silver Tail 6 2 Eclipse Three Band Double Chase w/Gold Tail 6 2 Red Blue Green Ring w/Silver Crackling Chrysanthemum Flower 6 2 Blue Atomic Circle w/Small Strobe Pistil & Silver Tail 6 2 Gold Wave to Magenta Double Circle w/Brocade Tail 6 2 Brocade Lemon & Grass Green Double Rings w/Rising Rings 6 2 Kamuro Circle w/Green Pistil 6 2 Green w/White Strobe Dahlia & Crackling Pistil & Crackling Tail 6 3 Red & Gold Crossette Chrysanthemum w/Red Tail 6 3 Violet Dahlia w/Blinking White Pistil & Strobe Tail 6 3 Silver Crackling Flower Crossette w/Crackling Tail 6 3 — Red Coconut Tree w/Flashing White Pistil & Red Tail 6 3 Silver Palm w/Red Tip & White Crossette & Silver Tail 6 3 Wave Coconut Tree to Crackling Flower Crossette w/Crackling Tail 6 3 — Silver to Purple Palm w/Violet Pistil & Silver Tail 6 3 City of Stillwater July 4, 2017 Brocade Coconut Tree w/Bright Red Pistil & Brocade Tail 6 3 Diadem Chrysanthemum w/Palm Flower Core w/Silver Tail 6 3 Kamuro Ending w/Blue Tips & Blinking White Pistil & Brocade Tail 6 3 Gold Willow w/Red Tips & Blinking White Pistil & Red Tail 6 3 Diadem Chrysanthemum w/Red Strobing Pistil & Red Tail 6 3 Gold Kamuro to White Twinkling w/Orange Pistil & Gold Tail 6 3 Total 6 inch Main Show Effects in Display 120 Swim City of Stillwater July 4, 2017 8 Inch Main Show Size Qty Purple to Sea Blue to Red Chrysanthemum w/Double Pistil & Tail 8 2 Blue to Red Chrysanthemum w/Flashing Core & Rising Flowers 8 2 Violet w/Gold Strobe Pistil & Double Brocade Tail 8 2 Gold Wave to Pink w/Sea Blue Pistil & Rising Sea Blue Flowers 8 2 — Violet to Lemon Chrysanthemum w/Popping Flower Pistil & Tail 8 2 Green to Silver to Purple Wave w/Orange Pistil & Silver Tail 8 2 Silver to Red Strobe Chrysanthemum w/Silver Pistil & Silver Tail 8 2 Glittering Gold Chrysanthemum w/Strobing Silver Pistil & Red Tail 8 2 Bright Lemon Peony w/Crackling Balls in Circle 8 2 Gold Flashing w/Eight Pieces Chrysanthemum Pistil & Gold Tail 8 2 Silver Wave to Green Flash Flower w/Purple Pistil & Purple Flower 8 2 Glittering Purple to Aqua Chrysanthemum w/White Flashing Pistil & Tail 8 2 Half Cherry to Lemon & Half Aqua to Violet Chrysanthemum 8 2 Red Peony Dark Change to Green w/Falling Leaves 8 2 Red Gamboge to Yellow to Purple w/Brocade Pistil & Brocade Tail 8 2 Purple Dahlia w/White Strobing Pistil & Rising Gold Flowers 8 2 Golden Flashing Crossette w/Silver Strobe Pistil & Gold Tail 8 2 Thousands Color Chrysanthemum w/Crackling & Whistling Tail 8 2 Crackling Spider w/Strobing Silver Pistil & Crackling Tail 8 2 _ Silver Spider Green Purple Red w/Tremelon Comet Tail 8 2 Nishiki Kamuro w/Spangle Pistil & Rising Small Flowers 8 2 Blue to White Flashing Big Willow w/Blue Tail 8 2 Brocade Diadem w/Purple Pistil & Purple Tail 8 2 Orange to Green & Ruby Red Willow w/Brocade Tail 8 2 Golden Brocade Kamuro w/Yellow Electric Pistil 8 2 Crackling Kamuro w/Crackling Pistil & Double Brocade Tail 8 2 Brocade Crown to Silver Time Rain Coconut Tree w/Silver Tail 8 2 Total 8 inch Main Show Effects in Display 54 City of Stillwater July 4, 2017 10 Inch Main Show Size Qty Magenta Peony w/Blinking White Pistil in Aqua Circle w/Silver Tail 10 1 Gold Wave to Purple to Aqua w/Popping Flower Pistil & Gold Tail 10 1 — Purple to Green Chrysanthemum w/Jetting Comets 10 1 Silver to Red Strobe Chrysanthemum w/Pistil & Jetting Comets 10 1 Silver Glitter Chrysanthemum to Yellow to Red to Purple Pistil 10 1 Gold Rays to Sparkling Flower Peony w/Pistil & Gold Tail 10 1 — Purple and Gold Glittering Brocade to Silver Ring & Brocade Tail 10 1 Red Crossette w/Crackling Pistil & Crackling Tail 10 1 Golden Spider w/X-shaped Green Strobe w/Red Pistil & Brocade Tail 10 1 Thousands of Twinkling Kamuros w/Silver Tail 10 1 Green Palm Tree w/Green Trunk & Jetting Silver Comets 10 1 Brocade Crown w/Kaleidoscope Pistil & Colored Tail 10 1 Total 10 inch Main Show Effects in Display 12 City of Stillwater July 4, 2017 12 Inch Main Show Size Qty Silver Chrysanthemum w/Red Strobing Pistil & Rising Red Leaves 12 1 Emerald Green Peony Dark Ruby Red Peony w/Rising Falls 12 1 Silver Wave to Blue w/Gold Crackling Chrysanthemum Pistil & Tail 12 1 Silver to Brocade Crown w/Red Tips & 3 Time Brocade Tail 12 1 Total 12 inch Main Show Effects in Display 4 eMID tar City of Stillwater July 4, 2017 Multiple Effects Barrages Shots Qty 300 Shot Rainbow to Crackling 8 Shape 300 x 1 1 10x10 IVW Butterflies to Red & Crackling 100 x 2 2 10x11 R Silver Wave to Gold Chrysanthemum & Mines 110 x 2 2 225 Shot Gold Mines Green Glitter Pink Crossette 225 x 2 2 Total Multiple Effects Barrages in Display 1170 7 City of Stillwater July 4, 2017 ® Patriotic Shell Segment Size Qty Gold Wave Red to Blue Chrysanthemum w/Red Tail 4 3 Silver Wave to Blue w/Brocade Red Pistil & Red Tail 4 3 Brocade Chrysanthemum w/Red to Blue Pistil & Brocade Tail 4 2 Red to Blue to Gold Crackling Chrysanthemum Flower w/Whistling Tail 5 3 Red to Silver Chrysanthemum w/Blue to Red Pistil & Silver Tail 5 3 Gold Wave to Red White & Blue Chrysanthemum w/Gold Tail 5 3 Brocade Chrysanthemum w/Red to Blue Pistil & Rising Flowers 5 3 Glittering Silver to Red & Blue w/Coconut Pistil & Silver Tail 6 2 Red to Blue to Gold Crackling Chrysanthemum w/Crackling Tail 6 2 Silver to Blue Chrysanthemum w/Red Pistil & Rising Flowers 6 2 Total Patriotic Shell Segment Effects in Display 26 City of Stillwater July 4, 2017 Signature Pattern Shell Segment Size Qty Silver Bowtie in Grass Green Ring w/Brocade Tail 5 3 Brocade Crown & Purple Double Spiral Ring w/Silver Tail 5 3 Red Cover Green Ring w/White Strobe Pistil & Silver Tail 5 3 Red to Blue Cross Ring w/Silver Crackling Pistil & Blue Tail 5 3 Brocade Chrysanthemum and Blue Ring w/Gold Glittering Pistil 6 2 Double Dark Rings Red in Green & Silver in Red w/Silver Tail 6 2 — Brocade Chartreuse & Violet Double Ring w/Sea Blue Pistil 6 2 Silver Wave to Four Color Ring w/Gold Chrysanthemum Pistil 6 2 `_ Silver Whirling Flower Ring w/Red Strobing Pistil & Red Strobing Tail 8 2 Violet Peony w/Blinking White Pistil in Aqua Circle w/Silver Tail 8 2 Gold Wave Chrysanthemum to Strobing Ring w/Strobing Pistil 8 1 Red Atomic Circle w/Silver Strobe Pistil & Silver Strobe Tail 8 1 Total Signature Pattern Shell Segment Effects in Display 26 City of Stillwater July 4, 2017 Finale Size Qty Finale Titanium Salute w/Silver Strobing Tail 3 60 Finale Titanium Salute w/Red Glittering Tail 3 48 Finale Red White & Blue Variegated Chrysanthemum w/Red Tail 3 36 Finale Titanium Salute w/Heavy Report & Crackling Tail 3 60 Finale Rainbow Mag Color Dahlia w/White Strobe Pistil 3 36 Finale Titanium Salute w/Blue Glittering Tail 3 48 Finale Glittering Coconut Tree w/Crackling Tail 3 24 Finale Titanium Linear Cylindrical Salute w/Strobing Tail 3 60 Finale Magenta Chrysanthemum w/Brocade Tail 3 24 Finale Gold Spider w/Gold Tail 3 36 Finale Kamuro w/Blinking White Strobe Pistil & Brocade Tail 3 36 Finale Purple Chrysanthemum w/Flashing White Pistil & Brocade Tail 3 24 Finale Crackling Spider w/Crackling Tail 3 36 Finale Green Chrysanthemum w/White Blinking Pistil & Tail 3 24 Finale Titanium Salute w/Blue Tail 4 36 Finale Glittering Coconut Tree w/Crackling Tail 4 18 Finale Titanium Salute w/Red Tail 4 36 Finale Crackling Nishiki Kamuro Niagara Falls 4 18 Finale New Color Crossette w/White Flash Pistil & Red Tail 4 18 Glittering Silver Chrysanthemum w/Flashing Red Pistil & Red Tail 4 4 Blue to Red to Silver Crown w/Silver Tail 4 4 Gold Willow w/Violet Tips & Crackling Pistil & Brocade Tail 4 4 Kamuro Ending w/Turquoise Tips & White Flashing Pistil & Brocade Tail 4 4 Diadem Chrysanthemum w/Red Strobing Pistil & Whistling Tail 4 4 Crackling Kamuro w/Gold Crackling Chrysanthemum Pistil & Tail 4 4 Green to Yellow to Silver Flashing Chrysanthemum w/Silver Tail 5 4 Cyan to Lemon Chrysanthemum w/Strobing Silver Pistil & Tail 5 4 Glittering Silver to Cherry w/Blue Pistil & Red Tail 5 3 Yellow to Blue Chrysanthemum w/Purple Pistil & Silver Tail 5 4 Brocade Diadem Chrysanthemum to Twinkle w/Strobing Pistil 5 4 Crackling Kamuro w/Gold Crackling Chrysanthemum Pistil & Tail 5 4 Brocade Crown to Green Flash Big Willow & Silver Tail 5 4 Thousands Color Chrysanthemum w/Crackling & Whistling Tail 6 3 Cherry to Lemon Chrysanthemum w/Purple Pistil & Purple Tail 6 3 Red Gamboge to Sea Blue w/Double Pistil & Crackling Tail 6 3 Brocade Crown to Silver Time Rain Coconut Tree w/Silver Tail 6 3 Super Brocade Crown Waterfall w/Red Strobe Pistil 6 3 City of Stillwater July 4, 2017 Kamuro Ending w/Red Tips & Strobing Silver Pistil & Brocade Tail 6 3 — Red to Blue to Gold Crackling Chrysanthemum Flower w/Crackling Tail 8 2 Yellow to Strobing Chrysanthemum w/Palm Core & Rising Flowers 8 2 — Brocade Crown to Green w/Gold Crackling Chrysanthemum Flower 8 2 Glittering String Willow w/Cardinal Purple Pistil 8 2 Brocade Diadem Chrysanthemum to Twinkle w/Red Strobing Pistil 8 2 Red Gamboge Crown to Green w/Glitter Coconut Core & Tail 8 2 Silver Wave to Bright Blue to Bright Red w/Glittering Coconut Core 10 1 Yellow to Strobing Chrysanthemum w/Palm Core & Jetting Comets 10 1 Red Strobing Nishiki Kamuro Niagara Falls in Dahlia 10 1 Brocade Kamuro w/Red White Blue Palm Core & Silver Tail 10 1 Flower Crown w/Green Strobing Pistil & Double Brocade Tail 10 1 — Brocade Crown w/Red Pistil Blue Peony Shell of Shells & Silver Tail 10 1 Total Finale Effects in Display 765 RESOLUTION 2017-036 APPROVING THE HSA ADOPTION AGREEMENT - HEALTH SAVING ACCOUNT MASTER SERVICE AGREEMENT, FSA ADOPTION AGREEMENT - SECTION 125 CAFETERIA - FLEXIBLE BENEFITS PLAN MASTER SERVICES AGREEMENT AND RESPECTIVE PLAN SUMMARIES WITH MII LIFE, INC., DBA: SELECTACCOUNT WHEREAS, the City of Stillwater is part of the Southwest West Central Cooperative; and WHEREAS, the City of Stillwater has added a high deductible medical plan with a HSA as an option for medical insurance for its employees; and WHEREAS, the City of Stillwater has retained the Section 125 Cafeteria Flexible Benefits Plan as an employee option; and WHEREAS, to provide consistent administration for the HSA and FSA the City of Stillwater changed service providers from Secure Benefits to MII Life, Inc.; DBA: SelectAccount for the HSA and FSA Benefits Plans effective January 1, 2017. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the following agreements, as on file with the City Clerk, are hereby approved: 1. HSA Adoption Agreement - Health Saving Account Master Service Agreement and plan summary. 2. FSA Adoption Agreement - Section 125 Cafeteria -Flexible Benefits Plan Master Services Agreement and plan summary 3. Flexible Benefit Plan Document BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the City Administrator to sign said agreements on the City's behalf. Adopted by the Stillwater City Council this 21st day of February, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk HSA Adoption Agreement Health Savings Account Master Service Agreement With Mil Life, Incorporated d/b/a SelectAccount City of Stillwater ("Employer") hereby adopts the Health Savings Account Master Services Agreement attached hereto effective on January 1, 2017 and end on December 31, 2017. Each service year thereafter will begin January 1 and end on December 31. The Plan restates and amends the Health Savings Account maintained by the Employer and in effect prior to the Effective Date. Employer also agrees to the terms of the HSA Master Services Agreement ("the Agreement") attached hereto for the provision of administrative services by Mil Life, Incorporated dba SelectAccount. Signatures City of Stillwater Name: J. Thomas McCarty Title: City Administrator Signature: Date: February 22, 2017 SelectAccount Accepted: Date: Reed Erickson, VP, Compliance & Risk Management r"*". h Service Cooperatives Southwest/West Central Service Cooperative HSA Master Service Agreement With Mil Life Incorporated d/b/a SelectAccount SOUTHWEST/WEST CENTRAL SERVICE COOPERATIVE HSA MASTER SERVICE AGREEMENT WITH MII LIFE INCORPORATED This HSA Master Service Agreement (the "Agreement") is between MII Life, Incorporated dba SelectAccount ("SelectAccount"), and Southwest/West Central Service Cooperative (the "Service Cooperative"), for the benefit of itself and other public Employers that are participant members of the Service Cooperative (the "Employer" or "Employers"). SelectAccount and the Service Cooperative (or an Employer, in the case of an adopting Employer) may be referred to jointly as the "Parties," or individually as a "Party." The purpose of this Agreement is to provide uniform pricing, services, terms, and conditions for the administration of health savings accounts ("HSAs") that are established by employees of the Employers. The Agreement is established pursuant to the authority of the Service Cooperative to engage in cooperative purchasing services under Minnesota Statutes Section 123A.21. This Agreement is effective as of January 1, 2014. Fee increases for Employers adopting this agreement shall be effective on the renewal date for each Employer's HSA -eligible high deductible health ("Plan"). SelectAccount will provide the services described herein for HSAs and Employers at any time during the term of this Agreement. SelectAccount is not an attorney, tax advisor or investment advisor and does not render legal, tax or investment advice in connection with the creation, adoption or operation of HSAs. Employers will seek the advice of counsel, as needed, as to matters that might arise in connection with design, adoption or operation of their employee benefit and compensation arrangements, including agreements to contribute or permit contributions to HSAs on behalf of employees. . SelectAccount is a corporation organized and domiciled in Minnesota and is authorized by law to provide HSA custodian and administrative services. 1 SERVICES TO BE PROVIDED BY SELECTACCOUNT SelectAccount agrees to provide the services described below in exchange for the payment of the administrative fees set forth in Attachment A. 1. Administrative Services. a. The Employer has chosen SelectAccount as the HSA custodian for contributions by employees and the Employer. Once the contributions are deposited into the HSA, an HSA accountholder is free to request a distribution of the funds or to transfer them to another HSA custodian or trustee. The Employer does not sponsor or maintain the HSAs. The HSA accountholder is responsible for the establishment of the HSA, entering into an agreement with the HSA custodian or trustee and following the terms of that agreement. b. SelectAccount will accept HSA contributions and deposit the funds into the HSA established by the HSA accountholder as soon as administratively feasible. c. SelectAccount will arrange for initial employee enrollment communication meetings at client's request. Any meeting held at a location outside Minnesota will be subject to an additional charge, as set forth in Attachment A. d. SelectAccount will provide general administrative, accounting, record keeping, fiscal and other related services in connection with funding the HSA's. e. SelectAccount will record contribution additions, changes, and terminations permitted under the HSA Benefit. Employer will furnish this information to SelectAccount in a format acceptable to SelectAccount. f. SelectAccount will provide Employers secure web portal to administer enrollment, payrolls, reports, Employer profile, secured Email messaging and other functions needed for administration of HSA contributions. g. SelectAccount will provide HSA accountholders with SelectAccount and Minnesota Service Cooperatives cobranded secure web portal and interactive voice response "IVR" access to account balance information, transaction history, investment performance, investment realignment options, and secured Email messaging. h. Preferred Electronic Pricing Incentives. Prices will vary based on attainment by Employers with certain electronic communications and payment standards. Targets for preferred pricing are as follows: Preferred Requirements 2014 2015 2016 2017 Group Portal Utilization 100% 100% 100% 100% Account holders on ACH 45% 60% 70% 90% Account holders on Crossover or Debit Card 90% 100% 100% 100% Utilize electronic communication with account holders whenever possible 2 For Plan years beginning in 2014, all Employers will receive preferred pricing under Table 1 of Attachment A (or Table 3, for those Employers that do not have group health plan coverage through the Service Cooperatives), whether or not they meet the targets for the Plan year. In the fourth quarter of Plan years beginning in 2014, the Service Cooperative and Employers will receive a report showing which groups have met the goals and which ones have not. Those groups that have not met 2014 goals will be assessed the higher rates in Table 2 (or Table 4, for those Employers that do not have group health plan coverage through the Service Cooperatives), for the entire Plan year beginning in 2015. Rates will be determined going forward in the same manner using the chart above and Tables 1 through 4 of Attachment A. 2. Documents SelectAccount shall provide the reports, documents, and testing described in this section via electronic format whenever possible. If electronic distribution by SelectAccount is available, the Plan Administrator may still request and receive paper mailing and distribution subject to additional fees paid by the Plan Administrator. a. SelectAccount will provide communication materials necessary to communicate the HSA Benefit to employees. SelectAccount will provide an employee brochure (pre -enrollment) and verification packet (post -enrollment) for distribution to employees by the Employer. b. SelectAccount shall furnish enrollment and contribution election forms and HSA participation agreements. 3 LIMITATION OF LIABILITY AND INDEMNIFICATION 1. Employer agrees that all information supplied to SelectAccount by Employer will be accurate and that SelectAccount may reasonably rely upon it without any obligation for further inquiry. Employer will be responsible for any losses or damages, including adverse tax consequences, resulting from any action taken or not taken by SelectAccount in reliance on such information except as a result of an act or omission by SelectAccount that was criminal, fraudulent, dishonest or grossly negligent. Employer agrees to hold SelectAccount harmless and to indemnify SelectAccount from any such losses or damages, including payment of reasonable attorney's fees, except as otherwise limited above. 2. SelectAccount will perform its duties and obligations under this Agreement in a timely fashion and with the requisite level of care. SelectAccount agrees to hold Employer harmless and to indemnify Employer from any losses or damages, including payment of reasonable attorney's fees, incurred as a result of any an act or omission by SelectAccount that was criminal, fraudulent, dishonest or grossly negligent. 3. SelectAccount is not, in any way, to be deemed an insurer, underwriter or guarantor with respect to any HSA Benefit. Nothing in this Agreement shall be deemed to impose upon SelectAccount any obligation to any employee of Employer or any participant in the HSA Benefit. 4 TERM AND TERMINATION 1. Service Year. It is intended that the Service Years under this Agreement correspond to the Plan years for each Employer. The initial Service Year of this Agreement will begin on the first day of the Plan year that begins on or after January 1, 2014, and will end on the last day of the 12th month thereafter. Pricing is guaranteed for each Employer for a period of four (4) years from the first day of the Plan year beginning on or after January 1, 2014. By way of example, pricing will be guaranteed for Employers with Plan years that begin on January 1, 2014 until December 31, 2017.This Agreement replaces and supersedes all prior Agreements, if any, between SelectAccount and Employer with respect to the subject matter of this Agreement, effective as of the next Service Year for the applicable Plan(s). Each Service Year for adopting Employers shall be as reflected in the applicable Adoption Agreement. 2. Automatic Renewal. This Agreement will automatically renew for an additional Service Year on the day following the last day of the prior Service Year unless the Parties have replaced this Agreement with a new Agreement or this Agreement is terminated as outlined below. If the Agreement is renewed for an additional Service Year, the Parties will be obligated to provide services and make payments for services as set forth in this Agreement and the Attachments. 3. Termination for Material Breach. Either Party may terminate this Agreement effective upon written notice to the other Party in the event of material breach, which includes, but is not limited to, (a) failure to pay any amounts when due under this Agreement so long as such default is not cured within a mutually agreed upon time period, or SelectAccount has a reasonable expectation that such default will not be cured, and (b) failure to provide services under this Agreement. In all situations where a Party elects to terminate this Agreement as a result of the material breach of the other Party, the non -breaching Party may, in its sole discretion, provide the breaching Party with a grace period to cure its breach, but such grace period shall not waive any of the rights or remedies the non -breaching Party has against the breaching Party. For clarification and not in limitation of the foregoing, adopted agreements shall be deemed separate and binding agreements between adopting Employers and SelectAccount, and shall be deemed to survive termination of this Agreement or any other adopted Agreement unless terminated separately according to their own terms. 4. Termination without Cause. This Agreement (or, as applicable, any adopted Agreement) may be terminated by SelectAccount, the Service Cooperative, or an adopting Employer (with respect to their interest) at any time, by giving written notice to the other Party at least sixty (60) days prior to the termination date. 5. Obligations after Termination. SelectAccount will have no responsibility to provide services to Employer after the termination of this Agreement. 5 GENERAL TERMS 1. Assignment of the Agreement. This Agreement may not be assigned by SelectAccount or Employer without the prior written consent of the other Party, which will not be unreasonably withheld. Any attempt to assign, in total, the rights, duties or obligations under this Agreement without such consent will be void and may, at the option of the other Party, constitute a material breach. Notwithstanding this prohibition on assignment of the entire Agreement, either Party may subcontract with another entity to perform specific services described herein (whether or not the right to subcontract has been specifically reserved) without consent of the other Party but will remain wholly responsible for the performance of such subcontracted services. 2. Notices. All notices required or permitted to be given by this Agreement will be in writing, and shall be deemed given when either personally delivered, sent by first class mail or overnight delivery to a Party at the respective addresses stated below: Employer: SelectAccount: SelectAccount will retain on file all contact and address information for adopting Employers. Notices to the Service Cooperative shall be sent to the following address: Southwest/West Central Service Cooperative Attention: Cliff Carmody 1420 East College Drive Marshall, MN 56258 Via hand delivery or courier: Reed Erickson Vice President Compliance and Risk Management 1200 Yankee Doodle Road, Route S1-40 Eagan, MN 55121-2202 Via U.S. Mail: Box 64193 Route S1-40 St Paul, MN 55164 A Party may change its address for receiving notices upon ten (10) days advance written notice to the other Party. 3. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will not in any way be affected or impaired thereby. 4. Status of an Independent Contractor. The Parties make this Agreement and will function as independent contractors and not as an agent of one another. Neither Party will state or imply 6 the contrary to anyone. The employees and agents of each Party will not be treated for any purpose as the agents or employees of the other Party. 5. Mandatory Arbitration. Employer and SelectAccount agree that any dispute related to or arising between the Parties under this Agreement will be subject to mandatory, binding arbitration to be held in the county of Dakota, state of Minnesota. The arbitration panel will consist of three arbitrators, one selected by Employer, one selected by SelectAccount and the third mutually agreed upon by Employer and SelectAccount. Should the Parties be unable to agree on a third arbitrator, the Parties agree that the "alternate striking" procedures of the American Arbitration Association will be used to select the third arbitrator for the Parties. The Parties may also agree to have only the third arbitrator or another person selected by the Parties conduct the arbitration. With respect to damages awarded in arbitration, the arbitration panel may award only reasonable compensatory damages and may not award punitive damages, liquidated damages, any multiple of compensatory damages or any other award in excess of compensatory damages. 6. Governing Law/Exclusive Jurisdiction. Except as they may be subject to federal law (including the Code), any questions, disputes or litigation concerning or arising from this Agreement will be governed by the laws of the State of Minnesota. Although the Parties agree to mandatory, binding arbitration, should any litigation ensue, the Parties agree that a federal court within the State of Minnesota will be the exclusive forum for litigation regarding the interpretation or enforcement of this Agreement, unless the federal court determines that it does not have jurisdiction over the subject matter of the dispute, in which case the Parties agree that any action will be brought in a state court in Minnesota. 7. Errors and Omissions. It is understood and agreed that neither Party will be prejudiced in any way due to clerical error, omission, accident or oversight in connection with formulation or execution of this Agreement provided that corrections are reported to the other Party as soon as discovered. 8. Entire Agreement and Integration. This Agreement (including any Attachments) constitutes the entire, final agreement between SelectAccount and Employer and supersedes any previous agreement between the Parties with respect to the administrative services for the HSA Benefit. Each Party acknowledges that it has not relied on any representations from the other Party that are not set forth in this Agreement. No modification or amendment of this Agreement (or any Attachment) is valid unless made in writing and signed by both Parties. 9. Construction. It is fully understood and agreed to by both Parties that this Agreement will not be construed against SelectAccount as the drafter of the Agreement. 10. Audit. Upon sixty (60) days advance written notice by Employer, SelectAccount agrees to provide Employer's designated auditor with access to information needed to conduct an audit of records maintained by SelectAccount related to Member eligibility or customer service. The initial notice to SelectAccount will state the scope of the audit, identify the information that is needed, and propose sampling methodologies. The audit will be limited to the Servicing Year in which the audit is conducted and the immediately preceding Servicing Year. The Parties 7 agree to collaborate in good faith to develop an agreement that meets the needs of both Parties and outlines the agreed upon terms for conducting the audit. All auditors will be required to adhere to SelectAccount's procedures for maintaining the security of all information furnished by SelectAccount, and required to sign confidentiality agreements prior to the release of any information by SelectAccount. Any third party auditor must be acceptable to SelectAccount. SelectAccount will be entitled to receive copies of the draft and final audit reports, and will have the right to review and comment on audit findings prior to or simultaneous with the release of such report to Employer. SelectAccount's comments will be noted in the final report. Audits requested by Employer will be limited to one every two years. Employer will bear any expenses incurred by Employer or its auditor. Employer will also reimburse SelectAccount for its costs for any on-site audit that exceeds two business days. Employer will be charged for additional audits based on the actual cost to SelectAccount. 8 SOUTHWEST/WEST CENTRAL SERVICE COOPERATIVE HSA MASTER SERVICE AGREEMENT WITH MII LIFE INCORPORATED dba SELECTACCOUNT SIGNATURES Date: 11-2 Southwest/West Central Service Cooperative Signed: Name: C1; f c a Title: j- t u r+ Lit SelectAccount Accepted:Fe."ee-r'! Reed Erickson Title: Vice President Compliance and Risk Management 9 SOUTHWEST/WEST CENTRAL SERVICE COOPERATIVE HSA MASTER SERVICE AGREEMENT WITH MII LIFE INCORPORATED dba SELECTACCOUNT ATTACHMENT A FEES This Attachment A to the Agreement between the Employer shown in the Adoption Agreement ("Employer") and Mil Life Incorporated dba SelectAccount (the "Parties") describes the fees payable to SelectAccount under such Agreement. If Employer pays the administrative fee on behalf of employees, such payment will billed to Employer. The Monthly Per Participant Fee is based on the number of employees who have an HSA as of the last day of the prior month. SelectAccount will submit a bill to Employer by the 15th day of each month for the Monthly Per Participant Fee owed for such month. If Employers utilize ACH for the payment of Account Fees, their group billing contact will be notified via email that an ACH pull has been scheduled and fees will be withdrawn from their bank accounts within two business days. The billing contact will receive one email notification per invoice generated. Employers should review bill immediately upon receipt and notify SelectAccount within sixty (60) calendar days of any adjustments to HSA accountholder's fees. Requests for adjustment after sixty (60) calendar days will not be accepted. If employees are required to pay the administrative fee, SelectAccount will debit the fee from the employee's HSA annually. SelectAccount will bill the Pay -the -provider fee to the Employer on a monthly basis. Pricing set forth in this Attachment A is guaranteed for each Employer for a period of four (4) years from the first day of the Plan Year beginning on or after January 1, 2014. By way of example, pricing will be guaranteed for Employers with Plan Years that begin on January 1, 2014 until December 31, 2017. Pricing will be guaranteed for Employers with Plan Years that begin on October 1, 2014 until September 30, 2018. B-1 One Time 2014 Performance Guarantee Cumulative Maximum $50,000 Setup Fee Waived Annual $0.60 Cafeteria Non -Discrimination Testing Waived Trust Fee Waived Monthly $1.20 Per Participant Per Month Fees: HSA Premium Coop Members With Coop Blue Cross Insurance With Preferred Electronic Incentive Table 1 Coop Members With Coop Blue Cross Insurance Without Preferred Electronic Incentive Table 2 Coop Members Without Coop Health Insurance With Preferred Electronic Incentive Table 3 Coop Members Without Coop Health Insurance Without Preferred Electronic Incentive Table 4 VEBA For NonCoop Members Table 5 Debit Card $0.00 Optional Quarterly Statement fee (applies to all participants In groups that elect this option) $0.25 Optional Pay -The -Provider fee (applies to all participants in groups that elect this option Including those who opt out of Pay -The -Provider). $0.50 Optional Basic Investment Account $1.50 Prices are on a per account holder, per month basis HRA The Basic Investment Account is optional and NO fee is charged if account is NOT activated $2.11 Must have a Base Balance of $1,000 to open a Basic Investment Account $2.11 Table 1- Coop Member & Coop Blue Cross Health Coverage Meeting Preferred Electronic Requirements Per Participant Per Month 2014 2015 2016 2017 HSA Thrift $0.60 $0.60 $0.60 $0.60 HSA Basic $1.20 $1.20 $1.20 $1.20 HSA Premium $2.11 $2.11 $2.11 $2.11 VEBA Thrift $0.60 $0.60 $0.60 $0.60 VEBA Basic $1.20 $1.20 $1.20 $1.20 VEBA Premium $2.11 $2.11 $2.11 $2.11 HRA $2.11 $2.11 $2.11 $2.11 FSA $2.11 $2.11 $2.11 $2.11 Wellness only $0.60 $0.60 $0.60 $0.60 Stacked: Funded Thrift / FSA $2.11 $2.11 $2.11 $2.11 Funded Basic / FSA $2.11 $2.11 $2.11 $2.11 Funded Premium / FSA $2.11 $2.11 $2.11 $2.11 HRA / FSA $2.11 $2.11 $2.11 $2.11 HSA / VEBA Rate of Highest HSA / VEBA product Preferred Requirements 2014 2015 2016 2017 Group Portal Utilization 100% 100% 100% 100% Account holders on ACH 45% 60% 70% 90% Account holders on Crossover or Debit Card 90% 100% 100% 100% Utilize electronic communication with account holders whenever possible $0.10 per participant per month will be rebated to the Service Cooperative that made coverage available to the Employer. B-2 Table 2 - Coop Member & Coop Blue Cross Health Coverage NOT Meeting Preferred Electronic Requirements Per Participant Per Month 2014 2015 2016 2017 HSA Thrift $0.60 $0.60 $0.60 $0.60 HSA Basic $1.20 $1.20 $1.20 $1.20 HSA Premium $2.11 $2.11 $2,11 $2.11 VEBA Thrift $0.60 $0.60 $0.60 $0.60 VEBA Basic $1.20 $1.20 $1.20 $1.20 VEBA Premium $2.11 $2.11 $2,11 $2.11 HRA $2.11 $2.21 $2.31 $2.41 FSA $2,11 $2.71 $2.31 $2.41 Wellness only $0.60 $0.60 $0.60 $0.60 Stacked: Funded Thrift / FSA $2.11 $2.21 $2.31 $2.41 Funded Basic / FSA $2,11 $2.21 $2.31 $2,41 Funded Premium / FSA $2.11 $2.21 $2.31 $2.41 HRA/FSA $2.11 $2.21 $2.31 $2.41 HSA / VEBA _ Rate of Highest HSA / VEBA product $0.10 per participant per month will be rebated to the Service Cooperative that made coverage available to the Employer. B-3 Table 3 - Coop Member & No Coop Health Coverage Meeting Preferred Electronic Requirements Per Participant Per Month 2014 2015 2016 2017 HSA Thrift $0.95 $0.95 $0.95 $0.95 HSA Basic $2.40 $2.40 $2.40 $2.40 HSA Premium $3.85 $3.85 $3.85 $3,85 VEBA Thrift $0.95 $0.95 $0.95 $0.95 VEBA Basic $2.40 $2.40 $2.40 $2.40 VEBA Premium $3.85 $3.85 $3.85 $3.85 HRA $4.30 $4.30 $4.30 $4.30 FSA $4.30 $4.30 $4.30 $4.30 Wellness only $0.95 $0.95 $0.95 $0.95 Stacked: $0.95 $0.95 $0.95 $0.95 Funded Thrift / FSA $4.30 $4.30 $4.30 $4.30 Funded Basic / FSA $4.30 $4.30 $4.30 $4.30 Funded Premium / FSA $4.30 $4.30 $4.30 $4.30 HRA / FSA $4.30 $4.30 $4.30 $4.30 HSA / VEBA Rate of Highest HSA / VEBA product $4.50 Preferred Requirements 2014 2015 2016 2017 Group Portal Utilization 100% 100% 100% 100% Account holders on ACH 45% 60% 70% 90% Account holders on Crossover or Debit Card 90% 100% 100% 100% Utilize electronic communication with account holders whenever possible 50% of the difference to Table 1 will be rebated to the Service Cooperative that made coverage available to the Employer. Table 4 - Coop Member & No Coop Health Coverage NOT Meeting Preferred Electronic Requirements Per Participant Per Month 2014 2015 2016 2017 HSA Thrift $0.95 $0.95 $0.95 $0.95 HSA Basic $2.40 $2.40 $2.40 $2.40 HSA Premium $3.85 $3.85 $3.85 $3.85 VEBA Thrift $0.95 $0.95 $0.95 $0.95 VEBA Basic $2.40 $2.40 $2.40 $2.40 VEBA Premium $3.85 $3.85 $3.85 $3.85 HRA $4.30 $4.40 $4.50 $4.60 FSA $4.30 $4.40 $4.50 $4.60 Wellness only $0.95 $0.95 $0.95 $0.95 Stacked: Funded Thrift / FSA $4.30 $4.40 $4.50 $4.60 Funded Basic / FSA $4.30 $4.40 $4.50 $4.60 Funded Premium / FSA $4.30 $4.40 $4.50 $4.60 HRA / FSA $4.30 $4.40 $4.50 $4.60 HSA / VEBA Rate of Highest NSA / VEBA product 50% of the difference to Table 2 will be rebated to the Service Cooperative that made coverage available to the Employer. B-4 Table 5 - NonCoop Member VEBA 2014 2015 2016 2017 VEBA Thrift $2.60 $2.60' $2.60 $2.60 VEBA Basic $3.20 $3.20 $3,20 $3.20 VEBA Premium $4.11 $4.11 $4.11 $4.11 50% of the difference to Table 2 will be rebated to the Service Cooperative that made coverage available to the Employer. Base Account Crediting Rates $0 to $499 $500 to $999 $1,000 to $1,499 $1,500 to $2,499 $2,500 to $4,999 $5,000 to $9,999 $10,000 to $24,999 $25,000 to $49,999 $50,000 or greater Thrift Basic Premium Saver Saver Saver 0.05% 0.25% 1.05% 0.05% 0.25% 1.05% 0.10% 0.40% 1.05% 0.10% 0.40% 1.05% 0.10% 0.40% 1.05% 0.20% 0.50% 1.10% 0.30% 0.75% 1.25% 0.50% 1.00% 1.75% 0.70% 1.25% 2.00% New and existing VEBA groups may select from the Thrift Saver, Basic Saver or Premium Saver options as shown above at setup or renewal. Crediting rates may be adjusted without notice at any time. Rates shown as of April 2014. 8-5 ATTACHMENT B BUSINESS ASSOCIATE ADDENDUM This Business Associate Addendum ("BAA") between Mil Life Incorporated d/b/a SelectAccount ("Business Associate") and the Minnesota Service Cooperative VEBA Committee and adopting Employers on behalf of the Minnesota Service Cooperative VEBA Plan and Trust ("Covered Entity") is attached to and made part of the Minnesota Service Cooperatives VEBA Service Agreement with MII Life Incorporated d/b/a SelectAccount (the "Agreement") as such Agreement may be renewed from time to time. Business Associate and Covered Entity agree that this BAA replaces any prior Business Associate Agreements or prior Attachment B's. Covered Entity and Business Associate mutually agree to comply with the requirements of the implementing regulations of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as modified by the Health Information Technology for Economic and Clinical Health Act (the "HITECH Act"). Specifically, the "HIPAA Rules" means the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 106 and Part 164. The HIPAA Privacy Rule is the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and 164, subparts A and E. The HIPAA Security Rule is the HIPAA Security Standards at 54 CFR Parts 160 and 164, Subpart C. The HIPAA Breach Notification Rule is the Notification in the Case of Breach of Unsecured Protected Health Information, as set forth at 45 CFR Part 164, subpart D. Business Associate recognizes and agrees that it is obligated by law to meet the applicable provisions of the HIPAA Rules. I. Privacy of Protected Health Information. A. Permitted Uses and Disclosures. Business Associate is permitted to use and disclose Protected Health Information ("PHI") that it creates or receives on Covered Entity's behalf or receives from Covered Entity (or another business associate of Covered Entity) and to request PHI on Covered Entity's behalf (collectively, "Covered Entity's PHI") only as follows: 1. Functions and Activities on Covered Entity's Behalf. To perform functions, activities, services, and operations on behalf of Covered Entity, consistent with the Privacy Rule. More specifically, except as otherwise limited in this BAA, Business Associate is permitted to use and disclose PHI to perform the functions, activities, or services for, or on behalf of, Covered Entity as specified in the above named Agreement, provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of Covered Entity. 2. Business Associate's Operations. For Business Associate's proper management and administration or to carry out Business Associate's legal responsibilities, provided that, with respect to disclosure of Covered Entity's PHI, either: a. The disclosure is Required by Law; or B-6 b. Business Associate obtains reasonable assurance (and, upon request of Covered Entity, provides written evidence of such assurance) from any person or entity to which Business Associate will disclose Covered Entity's PHI that the person or entity shall: 1. Hold Covered Entity's PHI in confidence and use or further disclose Covered Entity's PHI only for the purpose for which Business Associate disclosed Covered Entity's PHI to the person or entity or as Required by Law; and 2. Immediately (and no later than three (3) days after the suspected or known breach) notify Business Associate (who shall in turn notify Covered Entity in accordance with Section III.D of this BAA) of any instance of which the person or entity becomes aware in which the confidentiality of Covered Entity's PHI was breached. B. Minimum Necessary and Limited Data Set. Business Associate's use, disclosure or request of PHI shall utilize a Limited Data Set if practicable. Otherwise, Business Associate shall, in its performance of the functions, activities, services, and operations specified in Section I.A.labove, make reasonable efforts to use, to disclose, and to request of a Covered Entity only the minimum amount of Covered Entity's PHI reasonably necessary to accomplish the intended purpose of the use, disclosure or request. In addition, Business Associate agrees to implement and follow appropriate minimum necessary policies in the performance of its obligations under this BAA. C. Prohibition on Unauthorized Use or Disclosure. Business Associate shall neither use nor disclose Covered Entity's PHI, except as permitted or required by this BAA or in writing by Covered Entity or as Required by Law. This BAA does not authorize Business Associate to use or disclose Covered Entity's PHI in a manner that will violate 45 C.F.R. Part 164, Subpart E "Privacy of Individually Identifiable Health Information" ("Privacy Rule") if done by Covered Entity, except as set forth in Section I.A.2 of this BAA. 1. Sale of PHI Prohibited. Business Associate shall not directly or indirectly receive any remuneration in exchange for Covered Entity's PHI. 2. Marketing of PHI. Business Associate shall not directly or indirectly receive any remuneration for any use or disclosure of PHI for marketing purposes. D. Information Safeguards. 1. Privacy of Covered Entity's PHI. Business Associate shall develop, implement, maintain, and use appropriate administrative, technical, and physical safeguards to protect the privacy of Covered Entity's PHI. The safeguards must reasonably protect Covered Entity's PHI from any intentional or unintentional use or disclosure in violation of the Privacy Rule, 45 CFR Part 164, Subpart E and this BAA, and limit incidental uses or B-7 disclosures made pursuant to a use or disclosure otherwise permitted by this BAA. Business Associate shall document such safeguards, and, upon request, provide such safeguards to Covered Entity. 2. Security of Covered Entity's Electronic PHI. Business Associate shall develop, implement, maintain, and use administrative, technical, and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of Electronic PHI that Business Associate creates, receives, maintains, or transmits on Covered Entity's behalf as required by the Security Rule, 45 C.F.R. Part 164, Subpart C. Business Associate also shall develop and implement policies and procedures and meet the Security Rule documentation requirements. Upon request, Business Associate shall provide such policies and procedures to Covered Entity. Business Associate shall encrypt all portable media on which Electronic PHI is stored, using a non-proprietary algorithm of at least 256 -bit cipher strength. E. Subcontractors and Agents. Business Associate shall require any of its subcontractors and agents, to which Business Associate is permitted by this BAA or in writing by Covered Entity to disclose Covered Entity's PHI, to provide reasonable assurance (and, upon request of Covered Entity, provide written evidence of such assurance) that such subcontractor or agent will comply with the same privacy and security safeguard obligations with respect to Covered Entity's PHI that are applicable to Business Associate under this BAA. F. State Law Compliance. Business Associate shall comply with all applicable state laws not preempted pursuant to 45 Code of Federal Regulations Part 160, Subpart B. II. Compliance with Transaction Standards. If Business Associate conducts in whole or part electronic Transactions on behalf of Covered Entity for which DHHS has established Standards, Business Associate shall comply, and shall require any subcontractor or agent it involves with the conduct of such Transactions to comply, with each applicable requirement of the Transaction Rule, 45 C.F.R. Part 162. Business Associate shall not enter into, or permit its subcontractors or agents to enter into, any Trading Partner Agreement in connection with the conduct of Standard Transactions on behalf of Covered Entity that: A. Changes the definition, data condition, or use of a data element or segment in a Standard Transaction; B. Adds any data element or segment to the maximum defined data set; C. Uses any code or data element that is marked "not used" in the Standard Transaction's implementation specification or is not in the Standard Transaction's implementation specification; or D. Changes the meaning or intent of the Standard Transaction's implementation specification. B-8 Ill. Individual Rights. A. Access. Business Associate will respond, within thirty (30) days to each request by an individual (or the individual's personal representative) to inspect or obtain copies of Covered Entity's PHI about the individual that is in Business Associate's custody or control, consistent with the requirements of 45 CFR Section 164.524, so that Covered Entity may meet its access obligations under 45 C.F.R. § 164.524. Covered Entity delegates to Business Associate the sole authority to determine whether to deny access to such requested PHI solely with respect to duties assumed by Business Associate under the Agreement. Business Associate shall make such information available in an electronic format where directed by the individual. B. Amendment. Business Associate will respond within sixty (60) days and in accordance with Privacy Rules to each request by an individual (or the individual's personal representative) to amend Covered Entity's PHI about the individual that is in Business Associate's custody or control, consistent with the requirements of 45 CFR Section 164.526, so that Covered Entity may meet its amendment obligations under 45 C.F.R. § 164.526. Covered Entity delegates to Business Associate the sole authority to determine whether to grant a request to amend PHI, and amend the PHI as requested if such request for amendment is granted. C. Disclosure Accounting. So that Business Associate can meet disclosure accounting obligations under 45 C.F.R. § 164.528 that are delegated to it by Covered Entity, Business Associate shall record the following information ("Disclosure Information") for each disclosure of Covered Entity's PHI, that Business Associate makes to Covered Entity or to a third party. 1. Disclosure Information Generally. Except for repetitive disclosures of Covered Entity's PHI as specified in Section III.C.2 below and for disclosures for large research studies as specified in Section III.C.3 below, the Disclosure Information that Business Associate must record for each accountable disclosure are the requirements set forth in the HIPAA Privacy Rule, including but not limited to: (i) the disclosure date, (ii) the name and (if known) address of the entity to which Business Associate made the disclosure, (iii) a brief description of Covered Entity's PHI disclosed, and (iv) a brief statement of the purpose of the disclosure. 2. Disclosure Information for Repetitive Disclosures. For repetitive disclosures of Covered Entity's PHI that Business Associate makes for a single purpose to the same person or entity (including Covered Entity), the Disclosure Information that Business Associate must record is either the Disclosure Information specified in Section III.C.1 above for each accountable disclosure, or (i) the Disclosure Information specified in Section III.C.1 above for the first of the repetitive accountable disclosures, (ii) the frequency, periodicity, or number of the repetitive B-9 accountable disclosures, and (iii) the date of the last of the repetitive accountable disclosures. 3. Disclosure Information for Large Research Activities. For disclosures of Covered Entity's PHI that Business Associate makes for particular Research involving 50 or more individuals and for which an Institutional Review Board or Privacy Board has waived authorization during the period covered by an individual's disclosure accounting request, the Disclosure Information that Business Associate must record is (i) the name of the Research protocol or activity, (ii) a plain language description of the Research protocol or activity, including its purpose and criteria for selecting particular records, (iii) a brief description of the type of Covered Entity's PHI disclosed for the Research, (iv) the dates or periods during which Business Associate made or may have made these disclosures, including the date of the last disclosure that Business Associate made during the period covered by an individual's disclosure accounting request, (v) the name, address, and telephone number of the Research sponsor and of the researcher to whom Business Associate made these disclosures, and (vi) a statement that Covered Entity's PHI relating to an individual requesting the disclosure accounting may or may not have been disclosed for a particular Research protocol or activity. Business Associate shall, upon request of Covered Entity or an individual requesting the disclosure accounting, assist Covered Entity or the individual to contact the Research sponsor and the researcher if it is reasonably likely that Covered Entity's PHI relating to the individual was disclosed for the particular Research protocol or activity. D. Reporting of Disclosure Information. Business Associate shall report the Disclosure Information to Covered Entity within five (5) days following the accountable disclosure. E. Maintenance of Disclosure Information. Unless otherwise provided by applicable law, Business Associate shall maintain the Disclosure Information for at least 11 years following the date of the accountable disclosure to which the Disclosure Information relates. F. Individual Disclosure Requests. Business Associate will respond within sixty (60) days and in accordance with Privacy Rules to each request by an individual (or the individual's personal representative) for an accounting of Disclosures solely with respect to duties assumed by Business Associate under the Agreement, consistent with the requirements of 45 CFR Section 164.528, so that Covered Entity may meet its disclosure obligations under 45 C.F.R. § 164.528. Covered Entity delegates to Business Associate the sole authority to determine whether to grant a request to amend PHI, and amend the PHI as requested, if such request for amendment is granted. G. Restriction Agreements and Confidential Communications. Business Associate will respond within sixty (60) days to each request by an individual (or the individual's personal representative) to (I) restrict use or disclosure of Covered B-10 Entity's PHI pursuant to 45 C.F.R. § 164.522(a), or (ii) require confidential communication about Covered Entity's PHI pursuant to 45 C.F.R. § 164.522(b), so that Covered Entity may meet its obligations under 45 C.F.R. § 164.522. Covered Entity delegates to Business Associate the sole authority to determine whether to grant a request to restrict use or disclosure of PHI or provide confidential communication about PHI solely with respect to duties assumed by Business Associate under the Agreement. H. Contact Person. Business Associate agrees to provide a contact person or office responsible for receiving enrollee privacy or security complaints or questions solely with respect to duties assumed by Business Associate under the Agreement. IV. Privacy Obligation Breach and Security Incidents. A. Reporting. 1. Privacy Breach. Business Associate shall report to Covered Entity any use or disclosure of Covered Entity's PHI not permitted by this BAA or in writing by Covered Entity. In addition, Business Associate shall report, following discovery and without unreasonable delay, but in no event later than five (5) days following discovery, any "Breach" of "Unsecured Protected Health Information" as these terms are defined by the Breach Notification Regulation. However, in providing such notice, Business Associate will ensure that it does not disclose PHI to Covered Entity. 2. Security Incident. The Security Rules define a "Security Incident" as an attempted or successful unauthorized access, use, disclosure, modification or destruction of information or interference with system operations in an information system, involving electronic PHI ("e -PHI") that is created, received, maintained or transmitted by or on behalf of a Party. Since the Security Rules include attempted unauthorized access, use, disclosure, modification or destruction of information, Covered Entity needs to have notice of attempts to bypass electronic security mechanisms. The Parties recognize and agree that the significant number of meaningless attempts to, without authorization, access use, disclose, modify or destroy e -PHI will make a real-time reporting requirement formidable for Business Associate. Therefore, the Parties agree to the following reporting procedures for Security Incidents that result in unauthorized access, use, disclosure, modification or destruction of information or interference with system operations ("Successful Security Incidents") and for Security Incidents that do not so result ("Unsuccessful Security Incidents"). For Unsuccessful Security Incidents, the Parties agree that this paragraph constitutes notice of such Unsuccessful Security Incidents. By way of example, the Parties consider the following to be illustrative of Unsuccessful Security Incidents when they do not result in actual B-11 unauthorized access, use, disclosure, modification or destruction of e -PHI or interference with an information system: • Pings on Business Associate's firewall, • Port scans, • Attempts to log on to a system or enter a database with an invalid password or username, • Denial -of -service attacks that do not result in a server being taken off-line, and • Malware (worms, viruses, etc.) However, in providing such notice, Business Associate will ensure that it does not disclose PHI to Covered Entity. B. Breach Notification. 1. Monitoring and Reporting Incidents of Unauthorized Use or Disclosure of Unsecured PHI. Business Associate will take reasonable steps to monitor the unauthorized acquisition, access, use, and disclosure (subsequently referred to as use or disclosure) of Unsecured PHI relating to Covered Entity. In particular, individuals who use or disclose PHI relating to Covered Entity on behalf of Business Associate will be required to report all such unauthorized use or disclosure to Business Associate's Privacy Official or designated individual. 2. Determination Whether Unauthorized Use or Disclosure Constitutes Breach. Upon receiving a report of unauthorized use or disclosure, Business Associate will undertake a risk assessment to determine whether there is a low probability that the PHI has been compromised pursuant to the Breach Notification Regulation. The Business Associate will make and retain records of such determinations, including the basis for determinations that unauthorized uses or disclosures are not Breaches of Unsecured PHI. 3. Notice to Affected Individuals of Breach. If the unauthorized use or disclosure constitutes a Breach, the Business Associate will notify the Individual(s) whose Unsecured PHI was used or disclosed improperly in accordance with the Breach Notification Requirements via written notice, substitute notice or notice in urgent situations, as appropriate. Business Associate shall be responsible for any and all costs relating to such notice. Written notices will be written in plain language and will include, to the extent possible: A. a brief description of what happened, including the date of the Breach and the date of discovery of the Breach; B-12 B. a description of the types of Unsecured PHI involved (without, however, including specific PHI); C. any steps Individuals should take to prevent potential harm resulting from the Breach; D. a brief description of what the Business Associate is doing (i) to investigate the Breach, (ii) to mitigate harm to Individuals and (iii) to protect against further Breaches; and E. contact procedures for Individuals to ask Business Associate questions or learn additional information, including a toll-free telephone number, e-mail address, website, or postal address. Such notification will be provided without unreasonable delay and in no case later than 60 calendar days after discovery of the Breach. Business Associate will provide Covered Entity with a copy of the notice it determines is required by this paragraph 3 prior to its distribution for review and approval by Covered Entity, which approval will not be unreasonably withheld. However, in providing such notice, Business Associate will ensure that it does not disclose PHI to Covered Entity. 4. Notice to Media of Breaches Involving More Than 500 Residents of Same State or Jurisdiction. If a Breach involves more than 500 residents of the same State or jurisdiction, the Business Associate will notify the media in accordance with the Breach Notification Requirements. Business Associate shall be responsible for any and all costs relating to such notice. Such notification will be provided without unreasonable delay and in no case later than 60 calendar days after discovery of the Breach. Business Associate will provide Covered Entity with a copy of the notice it determines is required by this paragraph 4 prior to its distribution for review and approval by Covered Entity, which approval will not be unreasonably withheld. 5. Notice to Covered Entity of Breaches Involving 500 or More Individuals. If a Breach involves 500 or more individuals the Business Associate will notify Covered Entity with all the appropriate information so Covered Entity can notify HHS in the manner specified in the Breach Notification Requirements and on the HHS website. Business Associate will provide such notification without unreasonable delay and in no case later than 30 calendar days after discovery of the Breach. 6. Maintenance of Log and Annual Notice to Covered Entity of Breaches Involving Less than 500 Individuals. The Business Associate will maintain a log of Breaches involving less than 500 Individuals and, not later than 30 days after the end of each calendar year, notify Covered Entity with all the appropriate information so Covered Entity can notify HHS in the B-13 manner specified in the Breach Notification Requirements and on the HHS website. 7. Delayed Notification. Notwithstanding paragraph 3 or 4 above, if a law enforcement official provides Business Associate with a statement that the notification required under paragraph 3 or 4 above would impede a criminal investigation or cause damage to national security, then Business Associate may delay the notification for the period of time set forth in the statement. If the law enforcement official provides an oral statement, then Business Associate shall document the statement in writing, including the name of the law enforcement official making the statement, and may delay the notification required under paragraph 3 or 4 for no longer than thirty (30) days from the date of the oral statement, unless the law enforcement official provides a written statement during that time that specifies a different time period. Business Associate shall be obligated to maintain evidence to demonstrate that the required notification under this paragraph was made. C. Mitigation. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of the requirements of this BAA, including, but not limited to, reimbursing Covered Entity for any and all costs related to credit - monitoring of Covered Entity's members. D. Termination of BAA. 1. Right to Terminate for Breach. Covered Entity may terminate this BAA (as well as any other agreement to which this BAA is attached) if it determines, in its sole discretion, that Business Associate has breached any provision of this BAA and upon written notice to Business Associate of the breach, Business Associate fails to cure the breach within ten (10) days after receipt of the notice. Covered Entity may exercise this right to terminate this BAA by providing Business Associate written notice of termination, stating the failure to cure the breach of the BAA that provides the basis for the termination. Any such termination will be effective immediately or at such other date specified in Covered Entity's notice of termination. If for any reason Covered Entity determines that Business Associate has breached the terms of this BAA and such breach has not been cured, but Covered Entity determines that termination of the BAA is not feasible, Covered Entity may report such breach to the U.S. Department of Health and Human Services. 2. Termination Upon Expiration or Termination of Related Agreement(s). In the event any underlying agreement(s) to which this BAA is attached expires or is terminated, this BAA shall also be terminated, effective as the date of the expiration or termination of the underlying agreement(s). 3. Obligations on Termination. B-14 a. Return or Destruction of Covered Entity's PHI as Feasible. Upon termination or other conclusion of this BAA, Business Associate shall, if feasible, return to Covered Entity or destroy Covered Entity's entire PHI in whatever form or medium, including all copies thereof and all data, compilations, and other works derived therefrom that allow identification of any individual who is a subject of Covered Entity's PHI. Business Associate shall require any subcontractor or agent, to which Business Associate has disclosed Covered Entity's PHI as permitted by Section I.E of this BAA, to if feasible return to Business Associate (so that Business Associate may return it to Covered Entity) or destroy all of Covered Entity's PHI in whatever form or medium received from Business Associate, including all copies thereof and all data, compilations, and other works derived therefrom that allow identification of any individual who is a subject of Covered Entity's PHI, and certify on oath to Business Associate that all such information has been returned or destroyed. Business Associate shall complete these obligations as promptly as possible, but not later than thirty (30) days following the effective date of the termination or other conclusion of this BAA. b. Procedure When Return or Destruction Is Not Feasible. Business Associate shall identify any of Covered Entity's PHI, including any that Business Associate has disclosed to subcontractors or agents as permitted by Section I.E of this BAA, that cannot feasibly be returned to Covered Entity or destroyed and explain why return or destruction is infeasible. Where Covered Entity agrees that such return or destruction is infeasible, Business Associate shall limit its further use or disclosure of such information to those purposes that make return or destruction of such information infeasible. If Covered Entity does not agree, subparagraph 3.a. above shall apply. Business Associate shall require such subcontractor or agent to limit its further use or disclosure of Covered Entity's PHI that such subcontractor or agent cannot feasibly return or destroy to those purposes that make the return or destruction of such information infeasible. Business Associate shall complete these obligations as promptly as possible, but not later than thirty (30) days following the effective date of the termination or other conclusion of this BAA. c. Continuing Privacy and Security Obligation. Business Associate's obligation to protect the privacy and safeguard the security of Covered Entity's PHI as specified in this BAA will be continuous and survive termination or other conclusion of this BAA. B-15 E. Indemnity,. Business Associate shall indemnify and hold harmless Covered Entity and any Covered Entity affiliate, officer, director, employee or agent from and against any claim, cause of action, liability, damage, fines, penalties, cost or expense, including attorneys' fees and court or proceeding costs, arising out of or in connection with any non -permitted use or disclosure of Covered Entity's PHI or other breach of this BAA by Business Associate or any subcontractor or agent under Business Associate's control. Covered Entity will indemnify and hold harmless Business Associate and any Business Associate affiliate, officer, director, employee or agent from and against any claim, cause of action, liability, damage, fines, penalties, cost or expense, including attorneys' fees and court or proceeding costs, arising out of or in connection with any non -permitted use or disclosure of Covered Entity's PHI or other breach of this BAA by Covered Entity or any subcontractor or agent under Covered Entity's control. 1. Right to Tender or Undertake Defense. If Covered Entity is named a party in any judicial, administrative or other proceeding arising out of or in connection with any non -permitted use or disclosure of Covered Entity's PHI or other breach of this BAA by Business Associate or any subcontractor or agent under Business Associate's control, Covered Entity will have the option at any time either (A) to tender its defense to Business Associate, in which case Business Associate shall provide qualified attorneys, consultants, and other appropriate professionals to represent Covered Entity's interests at Business Associate's expense, or (B) undertake its own defense, choosing the attorneys, consultants, and other appropriate professionals to represent its interests, in which case Business Associate will be responsible for and pay the reasonable fees and expenses of such attorneys, consultants, and other professionals. If Business Associate is named a party in any judicial, administrative or other proceeding arising out of or in connection with any non -permitted use or disclosure of Covered Entity's PHI or other breach of this BAA by Covered Entity or any subcontractor or agent under Covered Entity's control, Business Associate will have the option at any time either (A) to tender its defense to Covered Entity, in which case Covered Entity will provide qualified attorneys, consultants, and other appropriate professionals to represent Business Associate's interests at Covered Entity's expense, or (B) undertake its own defense, choosing the attorneys, consultants, and other appropriate professionals to represent its interests, in which case Covered Entity will be responsible for and pay the reasonable fees and expenses of such attorneys, consultants, and other professionals. 2. Right to Control Resolution. Covered Entity will have the sole right and discretion to settle, compromise or otherwise resolve any and all claims, causes of actions, liabilities or damages against it, notwithstanding that Covered Entity may have tendered its defense to Business Associate. Any B-16 such resolution will not relieve Business Associate of its obligation to indemnify Covered Entity under this Section IV.E. Business Associate will have the sole right and discretion to settle, compromise or otherwise resolve any and all claims, causes of actions, liabilities or damages against it, notwithstanding that Business Associate may have tendered its defense to Covered Entity. Any such resolution will not relieve Covered Entity of its obligation to indemnify Business Associate under this Section IV.E. V. General Provisions. A. inspection of Internal Practices, Books, and Records. Business Associate shall make its internal practices, books, and records relating to its use and disclosure of Covered Entity's PHI available to Covered Entity and to DHHS to determine Covered Entity's compliance with the Privacy Rule, 45 C.F.R. Part 164, Subpart E, and the Security Rule. B. Definitions. The terms "Covered Entity," "Electronic Protected Health Information," "Protected Health Information," "Standard," "Trading Partner Agreement," and "Transaction" have the meanings set out in 45 C.F.R. § 160.103. The term "Standard Transaction" has the meaning set out in 45 C.F.R. § 162.103. The term "Required by Law" has the meaning set out in 45 C.F.R. § 164.103. The terms "Health Care Operations," "Payment," "Research," and "Treatment" have the meanings set out in 45 C.F.R. § 164.501. The term "Limited Data Set" has the meaning set out in 45 C.F.R. § 164.514(e). The term "use" means, with respect to PHI, utilization, employment, examination, analysis or application within Business Associate. The terms "disclose" and "disclosure" mean, with respect to PHI, release, transfer, providing access to or divulging to a person or entity not within Business Associate. For purposes of this, BAA, Covered Entity's PHI encompasses Covered Entity's Electronic PHI. Any other capitalized terms not identified in this BAA will have the meanings set forth in the HIPAA Rules. C. Amendment to BAA. Upon the compliance date of any final regulation or amendment to final regulation promulgated by DHHS that affects Business Associate's use or disclosure of Covered Entity's PHI or Standard Transactions, this BAA will automatically amend such that the obligations imposed on Business Associate remain in compliance with the final regulation or amendment to final regulation. D. Privacy Notice. Business Associate agrees to include a draft notice, consistent with the requirements in 45 C.F.R. § 164.520 and the terms of this Attachment, in the summary plan descriptions of adopting Employers. E. Privacy Official. Business Associate agrees to designate a privacy official who will also act as the Covered Entity's privacy official solely with respect to duties assumed by Business Associate under the Agreement. F. Conflicts. In the event that this BAA is made part of another agreement between the parties, the terms and conditions of this BAA will override and B-17 control any conflicting term or condition of such other agreement, provided that this BAA shall not override any rights of the parties to terminate any such other agreement in accordance with the terms and conditions of such other agreement. FSA Adoption Agreement Section 125 Cafeteria -Flexible Benefits Plan Master Services Agreement With MII Life, Incorporated d/b/a SelectAccount City of Stillwater ("Employer") hereby adopts the Section 125 Cafeteria -Flexible Benefit Plan attached hereto (the "Plan") effective on January 1, 2017 and end on December 31, 2017. Each service year thereafter will begin January 1 and end on December 31. The Plan restates and amends the Section 125 cafeteria -flexible benefits plan maintained by the Employer and in effect prior to the Effective Date. Employer also adopts and agrees to the terms of the FSA Master Services Agreement ("the Agreement") attached hereto for the provision of administrative services by Mil Life, Incorporated dba SelectAccount. Signatures City of Stillwater Name: J. Thomas McCarty Title: City Administrator Signature: Date: February 22, 2017 SelectAccount Accepted: Date: Reed Erickson, VP, Compliance & Risk Management Service Cooperatives Southwest/West Central Service Cooperative Section 125 Cafeteria - Flexible Benefits Plan Master Services Agreement With MII Life Incorporated d/b/a SelectAccount TABLE OF CONTENTS Page SERVICES TO BE PROVIDED BY SELECTACCOUNT 2 1. Administrative Services 2 2. Reports, Documents and Testing 5 3. HIPAA 7 EMPLOYER'S OBLIGATIONS 8 1. Serve as Plan Administrator 8 2. Handle Enrollment Activities 8 3. Plan Design 8 4. Notify SelectAccount of Plan Changes 8 5. Claim Reimbursement Payment Schedule 8 LIMITATION OF LIABILITY AND INDEMNIFICATION 10 TERM AND TERMINATION 11 1. Service Year 11 2. Automatic Renewal 11 3. Termination for Material Breach 11 4. Termination without Cause 11 5. Obligations after Termination 12 GENERAL TERMS 13 1. Assignment of the Agreement 13 2. Notices 13 3. Severability 13 4. Status of an Independent Contractor 14 5. Mandatory Arbitration 14 6. Governing Law/Exclusive Jurisdiction 14 7. Errors and Omissions 14 8. Entire Agreement and Integration 14 9. Construction 14 10. Audit 14 11. Acceptance of Terms 15 12. Compliance with Laws 15 ATTACHMENT A FEES A-1 ATTACHMENT B PROTECTED HEALTH INFORMATION ..,._.,,,,,,,,,,,,,,, B-1 ATTACHMENT C PERFORMANCE GUARANTEE C-1 SOUTHWEST/WEST CENTRAL SERVICE COOPERATIVE 125 CAFETERIA -FLEXIBLE BENEFITS PLAN MASTER SERVICES AGREEMENT WITH MII LIFE INCORPORATED This Master Services Agreement (the "Agreement") is between MII Life, Incorporated dba SelectAccount ("SelectAccount"), and Southwest/West Central Service Cooperative (the "Service Cooperative"), for the benefit of itself and other public employers that are participant members of the Service Cooperative (the "Employer" or "Employers"). SelectAccount and the Service Cooperative (or an Employer, in the case of an adopting Employer) may be referred to jointly as the "Parties," or individually as a "Party." The purpose of this Agreement is to provide uniform pricing, services, terms, and conditions for the administration of cafeteria plans with flexible benefit arrangements described in Section 125 of the Internal Revenue Code (the "Plan" or "Plans"). It is intended that each participating Employer establish its own Plan and agree to be bound to the terms of the Agreement. The Agreement is established pursuant to the authority of the Service Cooperative to engage in cooperative purchasing services under Minnesota Statutes Section 123A.21. This Agreement is effective as of January 1, 2014. Fee increases for Employers adopting this agreement shall be effective on the plan renewal date for each employer. SelectAccount will provide the services described herein for Plans adopted by Employers at any time during the term of this Agreement. SelectAccount is not an attorney, tax advisor or investment advisor and does not render legal, tax or investment advice in connection with the creation, adoption or operation of the Plan. Employers will seek the advice of counsel, as needed, as to matters that might arise in connection with design, adoption or operation of the Plans. SelectAccount is a corporation organized and domiciled in Minnesota and is authorized by law to provide administrative services to an Employer with respect to employee benefits for its employees. SERVICES TO BE PROVIDED BY SELECTACCOUNT Each Employer, as Plan Administrator of the Plan that it sponsors, delegates to SelectAccount the authority to perform the administrative services described in this Agreement in connection with the administration and operation of the Plan. SelectAccount agrees to provide the services described below on behalf of Employers and at the direction of the Employers as Plan Administrators in exchange for the payment of the administrative fees set forth in Attachment A, as amended from time to time. 1. Administrative Services. a, SelectAccount will arrange for an initial administrative meeting at a time and place and with individuals designated by Employers to discuss the options for plan design. b. SelectAccount will arrange for an initial employee enrollment communication meetings at an Employer's request. Any meeting held at a location outside Minnesota will be subject to a reasonable additional charge. c. SelectAccount will provide general administrative, accounting, record keeping, claims processing, fiscal and other related services to the Plan Administrators. d. SelectAccount will record additions, changes, and terminations permitted under the Plan including participant demographic information and account elections. Employers will furnish this information to SelectAccount in a format acceptable to SelectAccount. If Employers fail to provide the enrollment information to SelectAccount in a timely fashion, claim payments may be affected. e. SelectAccount will record payroll contributions made by Plan participants for medical flexible spending arrangements ("Medical FSAs") and dependent care flexible spending arrangements ("Dependent Care FSAs"). SelectAccount will use payroll deduction information to record contributions for record keeping and claim payment purposes. Employers will furnish this information to SelectAccount in a format acceptable to SelectAccount. If Employers fail to provide the payroll deduction information to SelectAccount in a timely fashion, claim payments will be delayed accordingly. f. SelectAccount will provide Employers secure web portal to administer enrollment, payrolls, reports, Employer profile, secured Email messaging and other functions needed for Plan administration. -2- g. SelectAccount will provide SelectAccount and Minnesota Service Cooperatives cobranded Plan Participants secure web portal and interactive voice response "IVR" access to account balance information, transaction history, investment performance, investment realignment options, and secured Email messaging. h. Upon a Plan participant's submission of Medical FSA or Dependent Care FSA claims to SelectAccount, SelectAccount will provide the claims administration services listed below. i. SelectAccount will screen each claim for completeness, validity of date(s) of service and eligibility of expense according to the Internal Revenue Code of 1986, as amended (the "Code"), Internal Revenue Service regulations, rulings and notices and the Plan document. ii. SelectAccount will produce an Explanation of Claim Payment report following each processing that details the benefit determination of each claim item and summarizes the participant's year-to-date account balances for the Medical FSA and Dependent Care FSA. iii. SelectAccount will issue a check payable to the participant or directly deposit reimbursement into the participant's bank account. iv. SelectAccount will mail or secured Email the Explanation of Claim Payment report and the check or direct deposit notification directly to the participant's home address or Email address. v. SelectAccount will process claims on a daily basis. Completed claims will be reimbursed within five (5) working days of the claim processing date or the date payroll deduction information is received, whichever is later. vi. SelectAccount will have discretionary authority and fiduciary responsibility for provision of full and fair review of claims, claim denials and appeals and will notify participants of the mechanism for appeals of denied claims. If a claim and/or appeal are denied, SelectAccount will notify the claimant of such denial and the reasons for denial. Plan Administrator will promptly submit to SelectAccount any request it receives for a review of a claim for benefits that has been denied, in order that SelectAccount may provide a full and fair review of the claim. vii. SelectAccount will follow the terms of any ordering rules provided by Employer, to the extent consistent with applicable law, whether pursuant to this Agreement or any other agreement with SelectAccount, which direct the order in which medical expenses will be reimbursed from Medical FSAs, health savings accounts ("HSAs"), or health reimbursement -3- arrangement ("HRAs") (including the Minnesota Service Cooperative VEBA Plan and Trust). viii. If directed by Employer, SelectAccount will administer limited -purpose and post -deductible Medical FSA's that are compatible with HSA's as described in IRS Revenue Ruling 2004-45 and applicable Treasury regulations. SelectAccount shall perform the services hereunder exercising reasonable care and diligence and in a manner that other similarly situated prudent service providers in the same industry performing the same services would exercise. To the extent that SelectAccount functions as a fiduciary, it will discharge its duties with respect to the Plan solely in the interest of Plan participants. SelectAccount shall not be considered in breach of this Agreement if SelectAccount performs services not generally required under this Agreement, or if the manner in which Plan Administrator directs such services to be performed requires material changes to SelectAccount's existing standard operating procedures or is not in accordance with applicable law. SelectAccount agrees to fully correct any of its own recordkeeping errors at its own expense, including errors that result from its failure to properly coordinate Medical FSAs with HSAs or HRAs pursuant to ordering rules or limitations on Medical FSA reimbursements of which it has been made aware. If SelectAccount reimburses expenses incorrectly, whether to the wrong individual, in an incorrect amount, from the wrong account, in the wrong order, or for an ineligible expense, SelectAccount will make a diligent effort to recover any such payment made, and shall make other appropriate arrangements for corrected reimbursements and adjustments to account balances on the individual's behalf. However, SelectAccount will not be liable for such payment, unless SelectAccount would otherwise be liable under another provision of this Agreement. Preferred Electronic Pricing Incentives. Prices will vary based on attainment by Employers with certain electronic communications and payment standards. Targets for preferred pricing are as follows: Preferred Requirements 2014 2015 2016 2017 Group Portal Utilization 100% 100% 100% 100% Account holders on ACH 45% 60% 70% 90% Account holders on Crossover or Debit Card 90% 100% 100% 100% Utilize electronic communication with account holders whenever possible For Plan Years beginning in 2014, all Employers will receive preferred pricing under Table 1 of Attachment A (or Table 3, for those Employers that do not have group health plan coverage through the Service Cooperatives), whether or not they meet the targets for the Plan Year. In the fourth quarter of Plan Years Beginning in 2014, the Service Cooperative and Employers will receive a report -4- showing which groups have met the goals and which ones have not. Those groups that have not met 2014 goals will be assessed the higher rates in Table 2 (or Table 4, for those Employers that do not have group health plan coverage through the Service Cooperatives), for the entire Plan Year beginning in 2015. Rates will be determined going forward in the same manner using the chart above and Tables 1 through 4 of Attachment A. 2. Reports, Documents and Testing. a. SelectAccount will electronically provide a Participant Activity Report to Plan Administrators in a mutually agreed format indicating all Plan participants and their election amounts in the Medical FSA and the Dependent Care FSA. This report also shows year-to-date payroll deduction information, de -identified year-to-date claim reimbursement information and current account balance information. This report is generated at the beginning of the Plan year, following the end of each month during the Plan year and following the end of each month during the Plan run -out period. b. SelectAccount will electronically provide a weekly Employee Payment Information Report to Plan Administrators in a mutually agreed format. This report shows de -identified data on claims and the total amount of the reimbursement split by account type and separated by Plan year. The accompanying Employee Payment Information Summary Report can be used by Employer to reimburse SelectAccount for the claim payments made to participants. c. SelectAccount will distribute an Annual Statement to each participant with a Medical FSA and/or Dependent Care FSA at the end of the third quarter of the plan year via mail or secured web as selected by the participant. This report shows the contributions made by such participant and reimbursements paid to the participant from the beginning of the Plan year through the quarter end date, the participant's account balance as of the quarter end date and information regarding the Plan year run -out period Account statements for other specific date periods will be available via secured web access. d. SelectAccount will make an Account Status Report available to each participant that summarizes the current account balance for each account the participant has and provides claim detail information for all reimbursements issued through each account. This report is available via secured web access or upon request from SelectAccount's customer service staff. -5- e. SelectAccount will electronically provide the Plan Administrator with such claim or statistical information as may be reasonably required by and legally provided to the Plan Administrator (subject to the provisions of the "Protected Health Information" section of this Agreement). g. SelectAccount will electronically provide documents of communications materials necessary to communicate the Plan to participants and for use by the Plan Administrator in developing and maintaining any Summary Plan Descriptions, when applicable. SelectAccount will provide the Plan Administrator with the following employee communication materials: employee brochure (pre -enrollment) and verification packet (post -enrollment). SelectAccount shall electronically furnish Employer documents to be reviewed by Employer with its legal counsel, for creation of customized documentation for the Plan to be approved and executed by Employer, including summary plan descriptions ("SPDs"), plan documents and plan amendments (if any). SelectAccount will not provide legal and or tax advice regarding changes to the documents requested by Employer. h. SelectAccount will, upon request, assist in performing nondiscrimination tests for the Section 129 55% Average Benefits Test (Dependent Care Spending Account) using information provided by Employer. Please see the nondiscrimination testing worksheet for definition of Code terms included above. This test is intended to determine whether the average benefits provided to employees who are not highly compensated under all plans of Employer must be at least 55% of the average benefits provided to highly compensated employees under all plans of the employer. A copy of this worksheet provided in Attachment D. Once the requirements of the Proposed Cafeteria Plan Regulation 1.125-7 (2007), as amended or supplanted by subsequent guidance are finalized, the parties shall discuss how such requirements will be applied to the Plans. In the interim, the parties, based upon the language of the Proposed Cafeteria Plan regulations, and recognizing that some ambiguities remain as to how the test is to be applied, will agree upon a protocol to conduct the objectively determinable portions of the Benefit Availability and Benefit Election test described in Proposed Cafeteria Plan Regulation 1.125-7 (2007). The parties also recognize and agree that the data that may be necessary to perform this test is beyond the data typically collected by SelectAccount. As a result, Employer may be required to submit additional data (in a form and format specified by SelectAccount) to facilitate the test. If SelectAccount incurs additional cost to perform this test, the parties agree to negotiate in good faith a separate fee for performing the Benefit Availability and Benefit Election test for requesting Employers. -6- SelectAccount will provide electronically Service Cooperative with summarized data for each adopting Employer on at least an annual basis that includes participant counts, overall election amounts, overall paid amounts, and overall forfeiture amounts. 3. HIPAA. SelectAccount will comply with the HIPAA business associate provisions in Attachment B. -7- EMPLOYER'S OBLIGATIONS 1. Serve as Plan Administrator. Each adopting Employer, as the Plan Administrator of its separate Plan, determines eligibility to participate in the Plan. Final determination of payment or denial of claims or of appealed claims will be made by SelectAccount following analysis and review. 2. Handle Enrollment Activities. Employer will notify employees of their eligibility to participate in the Plan and perform enrollment activities. Employer will announce the Plan and work in cooperation with SelectAccount to arrange the initial employee enrollment communication meetings. Employer will adjust payroll records to accommodate the Plan. Employer will timely notify SelectAccount of all additions and terminations of participants, and changes in coverage and other changes that may affect the validity of claim payments by SelectAccount so that SelectAccount can change its enrollment records and accurately pay claims. 3. Plan Design. Employer retains the sole authority, discretion and responsibility to determine the terms of the Plan and to ensure that the Plan provisions comply with Minnesota law, the Code and other applicable laws. 4. Notify SelectAccount of Plan Changes. Employer will notify SelectAccount, in writing, of any modification or amendment of the Plan that affects SelectAccount's administration of the Plan prior to the proposed effective date of the change. Any costs to SelectAccount to implement any material change in the services to be performed by SelectAccount under this Agreement, may be paid by Employer pursuant to prior written agreement between the Parties. 5. Claim Reimbursement Payment Schedule. a. SelectAccount shall process and pay claims on an ongoing basis. Each week SelectAccount shall bill Employers for claims paid on their behalf. Undisputed claims reimbursement payments shall become due and payable two (2) business days after the receipt of invoice. All other undisputed payments owed to SelectAccount shall become due and payable twenty (20) calendar days after the receipt of invoice. If payments are not received in a timely manner, SelectAccount may suspend processing of claims until payment is received. b. All related payments will be made through the use of Automated Clearing House ("ACH") or any other payment process approved by SelectAccount. If Employer utilizes claim payment through the use of ACH, Employer is responsible for maintaining a sufficient fund balance in their ACH account to cover these drafts. -8- c. Employer shall not be billed for any work or services performed by SelectAccount that relates to the correction of an administrative error or mistake by SelectAccount. -9- LIMITATION OF LIABILITY AND INDEMNIFICATION 1. Employer agrees that all information supplied to SelectAccount by Employer will be accurate and that SelectAccount may reasonably rely upon it without any obligation for further inquiry. Employer will be responsible for any losses or damages, including adverse tax consequences, resulting from any action taken or not taken by SelectAccount in reliance on such information, except as a result of an act or omission by SelectAccount that was criminal, fraudulent, dishonest or grossly negligent. The pervasive or widespread failure of SelectAccount to administer Plans adopted by Employers according to their terms may be taken into account in determining whether an individual act or omission by SelectAccount is grossly negligent. Employer agrees to hold SelectAccount harmless and to indemnify SelectAccount from any such losses or damages, including payment of reasonable attorney's fees, except as otherwise limited above. 2. SelectAccount will perform its duties and obligations under this Agreement in a timely fashion and with the level of care that a similarly -situated claims administrator would exercise under similar circumstances. To the extent that SelectAccount functions as a fiduciary, it will discharge its duties with respect to the Plan solely in the interest of Plan participants. SelectAccount agrees to hold Employer and the Plan harmless and to indemnify Employer from any such losses or damages, including payment of reasonable attorney's fees, incurred as a result of any an act or omission by SelectAccount or any SelectAccount subcontractor that was criminal, fraudulent, dishonest or grossly negligent. The pervasive or widespread failure of SelectAccount to administer Plans adopted by Employers according to their terms may be taken into account in determining whether an individual act or omission by SelectAccount is grossly negligent. 3. SelectAccount is not, in any way, to be deemed an insurer, underwriter or guarantor with respect to any benefits payable under the Plan. SelectAccount generally provides reimbursement services only and does not assume any financial risk or obligation with respect to claims for benefits payable by Employer under the Plan. Except with respect to fiduciary duties assumed herein, nothing herein shall be deemed to constitute SelectAccount as a party to the Plan or to confer upon SelectAccount any authority or control respecting management of the Plan, authority or responsibility in connection with administration of the Plan, or responsibility for the terms or validity of the Plan. Except with respect to fiduciary duties assumed herein, nothing in this Agreement shall be deemed to impose upon SelectAccount any obligation to any employee of Employer or any person who is participating in the Plan. -10- TERM AND TERMINATION 1. Service Year. Each adopting Employer establishes a Plan year for the FSA Plan ("Plan Year"). It is intended that the Service Years under this Agreement correspond to the Plan Years for each Employer. The initial Service Year of this Agreement will begin on the first day of the Plan year that begins on or after January 1, 2014, and will end on the last day of the 12th month thereafter. Pricing is guaranteed for each Employer for a period of four (4) years from the first day of the Plan Year beginning on or after January 1, 2014. By way of example, pricing will be guaranteed for Employers with Plan Years that begin on January 1, 2014 until December 31, 2017. Pricing will be guaranteed for Employers with Plan Years that begin on October 1, 2014 until September 30, 2018. This Agreement replaces and supersedes all prior Agreements, if any, between SelectAccount and Service Cooperative or Employer with respect to the subject matter of this Agreement, effective as of the next Service Year for the applicable Plan(s). Each Service Year for adopting Employers shall be as reflected in the applicable Adoption Agreement. 2. Automatic Renewal. This Agreement will automatically renew for an additional Service Year on the day following the last day of the prior Service Year unless the Parties have replaced this Agreement with a new Agreement or this Agreement is terminated as outlined below. If the Agreement is renewed for an additional Service Year, the Parties will be obligated to provide services and make payments for services as set forth in this Agreement and the Attachments. 3. Termination for Material Breach. Either Party may terminate this Agreement effective upon written notice to the other Party in the event of material breach, which includes, but is not limited to, (a) failure to pay any undisputed amounts when due under this Agreement so long as such default is not cured within a mutually agreed upon time period, or SelectAccount has a reasonable expectation that such default will not be cured, (b) failure to provide all services under this Agreement and (c) HIPAA violations as set forth in Attachment B. In all situations where a Party elects to terminate this Agreement as a result of the material breach of the other Party, the non -breaching Party may, in its sole discretion, provide the breaching Party with a grace period to cure its breach, but such grace period shall not waive any of the rights or remedies the non -breaching Party has against the breaching Party. For clarification and not in limitation of the foregoing, adopted agreements shall be deemed separate and binding agreements between adopting Employers and SelectAccount, and shall be deemed to survive termination of this Agreement or any other adopted Agreement unless terminated separately according to their own terms. 4. Termination without Cause. This Agreement (or, as applicable, any adopted Agreement), may be terminated by SelectAccount, the Service Cooperative or an adopting Employer (with respect to their interest) at any time, by giving written notice to the other Party at least sixty (60) days prior to the termination date. On the termination date, SelectAccount will discontinue processing and paying claims and utilize its usual and customary procedures to forward to Employer all claims that remain unpaid on the date of termination. -11- 5. Obligations after Termination. Subject to the provisions set forth in Attachment B, SelectAccount will have no responsibility for administration of the Plan on and after the termination of this Agreement. SelectAccount may agree to provide services (for a mutually agreed fee) to transition administration to a new third party administrator. -12- GENERAL TERMS 1. Assignment of the Agreement. This Agreement may not be assigned by SelectAccount or Employer without the prior written consent of the other Party, which will not be unreasonably withheld. Any attempt to assign, in total, the rights, duties or obligations under this Agreement without such consent will be void and may, at the option of the other Party, constitute a material breach. Notwithstanding this prohibition on assignment of the entire Agreement, either Party may subcontract with another entity to perform specific services described herein (whether or not the right to subcontract has been specifically reserved) without consent of the other Party but will remain wholly responsible for the performance of such subcontracted services. 2. Notices. All notices required or permitted to be given by this Agreement will be in writing, and shall be deemed given when either personally delivered, sent by first class mail or overnight delivery to a Party at the respective addresses stated below: Employer: SelectAccount: SelectAccount will retain on file all contact and address information for adopting Employers. Notices to the Service Cooperative shall be sent to the following address: Southwest/West Central Service Cooperatives Attention: Cliff Carmody 1420 East College Drive Marshall, MN 56258 Via hand delivery or courier: Reed Erickson Vice President Compliance and Risk Management 1750 Yankee Doodle Road, Route S1-40 Eagan, MN 55121-2202 Via U.S. Mail: Box 64193 Route S1-40 St Paul, MN 55164 A Party may change its address for receiving notices upon ten (10) days advance written notice to the other Party. 3. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will not in any way be affected or impaired thereby. -13- 4. Status of an Independent Contractor. The Parties make this Agreement and will function as independent contractors and not as an agent of one another. Neither Party will state or imply the contrary to anyone. The employees and agents of each Party will not be treated for any purpose as the agents or employees of the other Party. 5. Mandatory Arbitration. Employer and SelectAccount agree that any dispute related to or arising between the Parties under this Agreement will be subject to mandatory, binding arbitration to be held in the county of Dakota, state of Minnesota. The arbitration panel will consist of three arbitrators, one selected by Employer, one selected by SelectAccount and the third mutually agreed upon by Employer and SelectAccount. Should the Parties be unable to agree on a third arbitrator, the Parties agree that the "alternate striking" procedures of the American Arbitration Association will be used to select the third arbitrator for the Parties. The Parties may also agree to have only the third arbitrator or another person selected by the Parties conduct the arbitration. With respect to damages awarded in arbitration, the arbitration panel may award only reasonable compensatory damages and may not award punitive damages, liquidated damages, any multiple of compensatory damages or any other award in excess of compensatory damages. 6. Governing Law/Exclusive Jurisdiction. Except as they may be subject to federal law, any questions, claims, disputes or litigation concerning or arising from this Agreement will be governed by the laws of the State of Minnesota. Although the Parties agree to mandatory, binding arbitration, should any litigation ensue, the Parties agree that a state court within the State of Minnesota will be the exclusive forum for litigation regarding the interpretation or enforcement of this Agreement. 7. Errors and Omissions. It is understood and agreed that neither Party will be prejudiced in any way due to clerical error, omission, accident or oversight in connection with formulation or execution of this Agreement provided that corrections are reported to the other Party and fully corrected as soon as discovered. 8. Entire Agreement and Integration. This Agreement (including any Attachments) constitutes the entire, final agreement between SelectAccount and Employer and supersedes any previous agreement between the Parties with respect to the administrative services for the Plan. Each Party acknowledges that it has not relied on any representations from the other Party that are not set forth in this Agreement. No modification or amendment of this Agreement (or any Attachment) is valid unless made in writing and signed by both Parties. 9. Construction. The Service Cooperatives and SelectAccount have had legal counsel review this Agreement. 10. Audit. Upon sixty (60) days advance written notice by Employer, SelectAccount agrees to provide Employer's designated auditor with access to information needed to conduct an audit of records maintained by SelectAccount related to Member eligibility, Claims or customer -14- service. The initial notice to SelectAccount will state the scope of the audit, identify the information that is needed, and propose sampling methodologies. The audit will be limited to the Servicing Year in which the audit is conducted and the immediately preceding Servicing Year (or years) for which a previous audit has not been conducted. The Parties agree to collaborate in good faith to develop an agreement that meets the needs of both Parties and outlines the agreed upon terms for conducting the audit. All auditors will be required to adhere to SelectAccount's procedures for maintaining the security of all information furnished by SelectAccount, and required to sign confidentiality agreements prior to the release of any information by SelectAccount. Any third party auditor must be acceptable to SelectAccount. SelectAccount will be entitled to receive copies of the draft and final audit reports, and will have the right to review and comment on audit findings prior to or simultaneous with the release of such report to Employer. SelectAccount's comments will be noted in the final report. Employer will bear any expenses incurred by Employer or its auditor. 11. Acceptance of Terms. Payment to SelectAccount by Employer (either through direct check or Account transaction) made at least seven (7) days following receipt of this Service Agreement for services described in the Agreement will signify Employer's acceptance of all terms, conditions and obligations of this Agreement. Acceptance will be effective on the Effective Date of this Agreement. 12. Compliance with Laws. SelectAccount and Employer agree to comply with all applicable federal and state laws, including, but not limited to, Internal Revenue Code section 125 and 129 and any applicable regulations. It is Employer's responsibility and duty to ensure compliance with all applicable laws and regulations, and SelectAccount's provision of services under this Agreement does not relieve the Employer of this obligation. SelectAccount's responsibility under this Agreement is to assist the Employer with certain Plan responsibilities as expressly assumed hereunder. 13. No third party will be deemed to be an intended or unintended third party beneficiary of this Agreement and nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any other person or entity other than Employer, SelectAccount and their respective successors and permitted assigns, any rights, remedies or obligations whatsoever. SelectAccount is obligated under this Agreement only to the Employer, and nothing under this Agreement shall be deemed to confer any obligation on SelectAccount to any participant. -15- SIGNATURES Date: q2 Date: SOUTHWEST/WEST CENTRAL SERVICE COOPERATIVE FLEXIBLE BENEFITS PLAN SERVICE AGREEMENT WITH MII LIFE INCORPORATED dba SELECTACCOUNT 1' Southwest/West Central Service Cooperative Signed: Name: el �},k 0 Title: ( ; re (.A-zNr SelectAccount Accepted:,,! 2 Reed Erickson Title: Vice President Compliance and Risk Management -16- SOUTHWEST/WEST CENTRAL SERVICE COOPERATIVE FLEXIBLE BENEFITS PLAN SERVICE AGREEMENT WITH MII LIFE INCORPORATED dba SELECTACCOUNT ATTACHMENT A FEES This Attachment A to the Agreement between the Employer shown in the Adoption Agreement ("Employer") and MII Life Incorporated dba SelectAccount (the "Parties") describes the fees payable to SelectAccount under such Agreement. Limitation of Fee Schedule The Monthly Per Participant Fee charged to Employers is waived for each Plan participant of the Employer that is (1) enrolled in a group health plan offered through the Minnesota Service Cooperatives and (2) either (a) has an account in the Minnesota Service Cooperative VEBA Plan or (b) has a SelectAccount HSA established through the Employer. Pricing set forth in this Attachment A is guaranteed for each Employer for a period of four (4) years from the first day of the Plan Year beginning on or after January 1, 2014. By way of example, pricing will be guaranteed for Employers with Plan Years that begin on January 1, 2014 until December 31, 2017. Pricing will be guaranteed for Employers with Plan Years that begin on October 1, 2014 until September 30, 2018. Any modification to the services provided under the Agreement and the corresponding fees for such services, as set forth in this Attachment A, must be in a written addendum to the Agreement that is signed by both Parties. SelectAccount reserves the right to charge Employer its prevailing hourly rate if inaccurate information is communicated to SelectAccount that necessitates duplicate communication or record keeping functions. Administrative Fees Employer will pay SelectAccount the following Administrative Fees for the services SelectAccount provides under the Agreement. A-1 One Time Performance Guarantee Cumulative Maximum $50,000 Setup Fee Waived Annual Cafeteria Non -Discrimination Testing. Waived Trust Fee Waived. Monthly i Per Participant Per Month Fees: Coop Members With Coop Blue Cross Insurance With Preferred Electronic Incentive Table 1 Coop Members With Coop Blue Cross Insurance Without Preferred Electronic Incentive Table 2 Coop Members Without Coop Health Insurance With Preferred Electronic Incentive Table 3 Coop Members Without Coop Health Insurance Without Preferred Electronic Incentive Table 4 VEBA For NonCoop Members Table 5 Debit Card $0.00_ Optional Quarterly Statement fee (applies to all participants in groups that elect this option) $0.25 Optional Pay -The -Provider fee (applies to all participants in groups that elect this option including those who opt out of Pay -The -Provider), $0.50 Optional Basic Investment Account _ _ $1.50 Prices ore on a per account holder, per month basis The Basic Investment Account is optional and NO fee is charged if account is NOT activated Must have a Base Balance of $1,000 to open a Basic Investment Account A-2 Table 1- Coop Member & Coop Blue Cross Health Coverage Meeting Preferred Electronic Requirements Per Participant Per Month 2014 2015 2016 2017. HSA Thrift $0.60 $0.60 $0.60 $0.60 HSA Basic $1.20 $1.20 $1.20 $1.20 HSA Premium $2.11 $2.11 $2.11 $2.11 VEBA Thrift $0.60 $0.60 $0.60 $0.60 VEBA Basic $1.20 $1.20 $1.20 $1.20 VEBA Premium $2.11 $2.11 $2.11 $2.11 HRA $2.11 $2.11 $2.11 $2.11 FSA $2.11 $2.11 $2.11 $2.11 Wellness only $0.60 $0.60 $0.60 $0.60 Stacked: Funded Thrift / FSA $2.11 $2.11 $2.11 $2.11 Funded Basic / FSA $2.11 $2.11 $2.11 $2.11 Funded Premium / FSA $2.11 $2.11 $2.11 $2.11 HRA / FSA $2.11 $2.11 $2.11 $2.11 HSA / VEBA Rate of Highest HSA / VEBA product Preferred Requirements 2014 2015 2016 2017. Group Portal Utilization 100% 100% 100% 100% Account holders on ACH 45% 60% 70% 90% Account holders on Crossover or Debit Card 90% 100% 100% 100% Utilize electronic communication with account holders whenever possible $0.10 per participant per month will be rebated to the Service Cooperative that made coverage available to the Employer. A-3 Table 2 - Coop Member & Coop Blue Cross Health Coverage NOT Meeting Preferred Electronic Requirements Per Participant Per Month 2014 2015 2016 2017 HSA Thrift $0.60 $0.60 $0.60 $0.60 HSA Basic $1.20 $1.20 $1.20 $1.20 HSA Premium $2.11 $2.11 $2.11 $2.11 VEBA Thrift $0.60 $0.60 $0.60 $0.60 VEBA Basic $1.20 $1.20 $1.20 $1.20 VEBA Premium $2.11' $2.11 $2.11 $2.11 HRA $2.11 $2.21 $2.31 $2.41 FSA $2.11 $2.21 $2.31 $2.41 Wellness only $0.60 $0.60 $0.60 $0.60 Stacked: Funded Thrift / FSA $2.11 $2.21 $2.31 $2.41 Funded Basic / FSA $2.11 $2.21 $2.31 $2.41 Funded Premium / FSA $2.11 $2.21 $2.31 $2.41 HRA / FSA $2.11 $2.21 $2.31 $2.41 HSA / VEBA Rate of Highest HSA / VEBA product $0.10 per participant per month will be rebated to the Service Cooperative that made coverage available to the Employer. A-4 Table 3 - Coop Member & No Coop Health Coverage Meeting Preferred Electronic Requirements Per Participant Per Month 2014 2015 2016 2017 HSA Thrift $0.95 $0.95 $0,95 $0.95 HSA Basic $2.40 $2.40 $2.40 $2.40 HSA Premium $3.85 $3.85 $3.85 $3.85 VEBA Thrift $0.95 $0.95 $0,95 $0.95 VEBA Basic $2.40 $2.40 $2.40 $2.40 VEBA Premium $3.85 $3.85 $3.85 $3.85 HRA $4.30 $4.30 $4.30 $4.30 FSA $4.30 $4.30 $4.30 $4.30 Wellness only $0.95 $0.95 $0.95 $0.95 Stacked: Funded Thrift / FSA $4.30 $4.30 $4.30 $4.30 Funded Basic / FSA $4.30 $4.30 $4.30 $4.30 Funded Premium / FSA $4.30 $4.30 $4.30 $4.30 HRA / FSA $4.30 $4.30 $4.30 $4.30 HSA / VEBA Rate of Highest HSA / VEBA product Preferred Requirements 2014 2015 2016 2017 Group Portal Utilization 100% 100% 100% 100% Account holders on ACH 45% 60% 70% 90% Account holders on Crossover or Debit Card 90% 100% 100% 100% Utilize electronic communication with account holders whenever possible 50% of the difference to Table 1 will be rebated to the Service Cooperative that made coverage available to the Employer. A-5 Table 4- Coop Member & No Coop Health Coverage NOT Meeting Preferred Electronic Requirements Per Participant Per Month 2014 2015 2016 2017 HSA Thrift $0.95 $0.95 $0.95 $0.95. HSA Basic $2.40 $2.40 $2.40 $2.40 HSA Premium $3.85 $3,85 $3.85 $3.85 VEBA Thrift $0.95 $0.95 $0.95 $0.95 VEBA Basic $2.40 $2.40 $2.40 $2.40 VEBA Premium $3.85 $3.85 $3.85 $3.85 HRA $4.30 $4.40 $4.50 $4.60 FSA $4.30 $4.40 $4,50 $4.60 Wellness only $0.95 $0.95 $0.95 $0.95 Stacked: Funded Thrift / FSA $4.30 $4.40 $4.50 $4.60 Funded Basic / ESA $4.30 $4.40 $4.50 $4.60 Funded Premium / FSA $4.30 $4.40 $4.50 $4.60 HRA / FSA $4.30 $4.40 $4.50 $4.60 HSA / VEBA Rate of Highest HSA / VEBA product 50% of the difference to Table 2 will be rebated to the Service Cooperative that made coverage available to the Employer. The Monthly Per Participant Fee is based on the number of employee -participants in the Plan who have either a Medical FSA, a Dependent Care FSA (or both) as of the last day of the prior month. SelectAccount will submit a bill to Employer by the 15th day of each month for the Monthly Per Participant Fee owed for such month. If Employers that utilize ACH for the payment of Account Fees, their group billing contact will be notified via email that an ACH pull has been scheduled and fees will be withdrawn from their bank account within two business days. The billing contact will receive one email notification per invoice generated. Employers should review bills immediately upon receipt and notify SelectAccount within sixty (60) calendar days of any adjustments to participant's fees. Requests for adjustment after sixty (60) calendar days will not be accepted. A-6 ATTACHMENT B BUSINESS ASSOCIATE ADDENDUM This Business Associate Addendum ("BAA") between MII Life Incorporated d/b/a SelectAccount ("Business Associate") and the Minnesota Service Cooperative VEBA Committee and adopting Employers on behalf of the Minnesota Service Cooperative VEBA Plan and Trust ("Covered Entity") is attached to and made part of the Minnesota Service Cooperatives VEBA Service Agreement with MII Life Incorporated d/b/a SelectAccount (the "Agreement") as such Agreement may be renewed from time to time. Business Associate and Covered Entity agree that this BAA replaces any prior Business Associate Agreements or prior Attachment B's. Covered Entity and Business Associate mutually agree to comply with the requirements of the implementing regulations of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as modified by the Health Information Technology for Economic and Clinical Health Act (the "HITECH Act"). Specifically, the "HIPAA Rules" means the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 106 and Part 164. The HIPAA Privacy Rule is the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and 164, subparts A and E. The HIPAA Security Rule is the HIPAA Security Standards at 54 CFR Parts 160 and 164, Subpart C. The HIPAA Breach Notification Rule is the Notification in the Case of Breach of Unsecured Protected Health Information, as set forth at 45 CFR Part 164, subpart D. Business Associate recognizes and agrees that it is obligated by law to meet the applicable provisions of the HIPAA Rules. I. Privacy of Protected Health Information. A. Permitted Uses and Disclosures. Business Associate is permitted to use and disclose Protected Health Information ("PHI") that it creates or receives on Covered Entity's behalf or receives from Covered Entity (or another business associate of Covered Entity) and to request PHI on Covered Entity's behalf (collectively, "Covered Entity's PHI") only as follows: 1. Functions and Activities on Covered Entity's Behalf. To perform functions, activities, services, and operations on behalf of Covered Entity, consistent with the Privacy Rule. More specifically, except as otherwise limited in this BAA, Business Associate is permitted to use and disclose PHI to perform the functions, activities, or services for, or on behalf of, Covered Entity as specified in the above named Agreement, provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of Covered Entity. C-1 2. Business Associate's Operations. For Business Associate's proper management and administration or to carry out Business Associate's legal responsibilities, provided that, with respect to disclosure of Covered Entity's PHI, either: a. The disclosure is Required by Law; or b. Business Associate obtains reasonable assurance (and, upon request of Covered Entity, provides written evidence of such assurance) from any person or entity to which Business Associate will disclose Covered Entity's PHI that the person or entity shall: 1. Hold Covered Entity's PHI in confidence and use or further disclose Covered Entity's PHI only for the purpose for which Business Associate disclosed Covered Entity's PHI to the person or entity or as Required by Law; and 2. Immediately (and no later than three (3) days after the suspected or known breach) notify Business Associate (who shall in turn notify Covered Entity in accordance with Section III.D of this BAA) of any instance of which the person or entity becomes aware in which the confidentiality of Covered Entity's PHI was breached. B. Minimum Necessary and Limited Data Set. Business Associate's use, disclosure or request of PHI shall utilize a Limited Data Set if practicable. Otherwise, Business Associate shall, in its performance of the functions, activities, services, and operations specified in Section I.A.labove, make reasonable efforts to use, to disclose, and to request of a Covered Entity only the minimum amount of Covered Entity's PHI reasonably necessary to accomplish the intended purpose of the use, disclosure or request. In addition, Business Associate agrees to implement and follow appropriate minimum necessary policies in the performance of its obligations under this BAA. C. Prohibition on Unauthorized Use or Disclosure. Business Associate shall neither use nor disclose Covered Entity's PHI, except as permitted or required by this BAA or in writing by Covered Entity or as Required by Law. This BAA does not authorize Business Associate to use or disclose Covered Entity's PHI in a manner that will violate 45 C.F.R. Part 164, Subpart E "Privacy of Individually Identifiable Health Information" ("Privacy Rule") if done by Covered Entity, except as set forth in Section I.A.2 of this BAA. 1. Sale of PHI Prohibited. Business Associate shall not directly or indirectly receive any remuneration in exchange for Covered Entity's PHI. C-2 2. Marketing of PHI. Business Associate shall not directly or indirectly receive any remuneration for any use or disclosure of PHI for marketing purposes. D. Information Safeguards. 1. Privacy of Covered Entity's PHI. Business Associate shall develop, implement, maintain, and use appropriate administrative, technical, and physical safeguards to protect the privacy of Covered Entity's PHI. The safeguards must reasonably protect Covered Entity's PHI from any intentional or unintentional use or disclosure in violation of the Privacy Rule, 45 CFR Part 164, Subpart E and this BAA, and limit incidental uses or disclosures made pursuant to a use or disclosure otherwise permitted by this BAA. Business Associate shall document such safeguards, and, upon request, provide such safeguards to Covered Entity. 2. Security of Covered Entity's Electronic PHI. Business Associate shall develop, implement, maintain, and use administrative, technical, and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of Electronic PHI that Business Associate creates, receives, maintains, or transmits on Covered Entity's behalf as required by the Security Rule, 45 C.F.R. Part 164, Subpart C. Business Associate also shall develop and implement policies and procedures and meet the Security Rule documentation requirements. Upon request, Business Associate shall provide such policies and procedures to Covered Entity. Business Associate shall encrypt all portable media on which Electronic PHI is stored, using a non-proprietary algorithm of at least 256 -bit cipher strength. E. Subcontractors and Agents. Business Associate shall require any of its subcontractors and agents, to which Business Associate is permitted by this BAA or in writing by Covered Entity to disclose Covered Entity's PHI, to provide reasonable assurance (and, upon request of Covered Entity, provide written evidence of such assurance) that such subcontractor or agent will comply with the same privacy and security safeguard obligations with respect to Covered Entity's PHI that are applicable to Business Associate under this BAA. F. State Law Compliance. Business Associate shall comply with all applicable state laws not preempted pursuant to 45 Code of Federal Regulations Part 160, Subpart B. II. Compliance with Transaction Standards. If Business Associate conducts in whole or part electronic Transactions on behalf of Covered Entity for which DHHS has established Standards, Business Associate shall comply, and shall require any subcontractor or agent it involves with the conduct of such Transactions to comply, with each applicable C-3 requirement of the Transaction Rule, 45 C.F.R. Part 162. Business Associate shall not enter into, or permit its subcontractors or agents to enter into, any Trading Partner Agreement in connection with the conduct of Standard Transactions on behalf of Covered Entity that: A. Changes the definition, data condition, or use of a data element or segment in a Standard Transaction; B. Adds any data element or segment to the maximum defined data set; C. Uses any code or data element that is marked "not used" in the Standard Transaction's implementation specification or is not in the Standard Transaction's implementation specification; or D. Changes the meaning or intent of the Standard Transaction's implementation specification. Ill. Individual Rights. A. Access. Business Associate will respond, within thirty (30) days to each request by an individual (or the individual's personal representative) to inspect or obtain copies of Covered Entity's PHI about the individual that is in Business Associate's custody or control, consistent with the requirements of 45 CFR Section 164.524, so that Covered Entity may meet its access obligations under 45 C.F.R. § 164.524. Covered Entity delegates to Business Associate the sole authority to determine whether to deny access to such requested PHI solely with respect to duties assumed by Business Associate under the Agreement. Business Associate shall make such information available in an electronic format where directed by the individual. B. Amendment. Business Associate will respond within sixty (60) days and in accordance with Privacy Rules to each request by an individual (or the individual's personal representative) to amend Covered Entity's PHI about the individual that is in Business Associate's custody or control, consistent with the requirements of 45 CFR Section 164.526, so that Covered Entity may meet its amendment obligations under 45 C.F.R. § 164.526. Covered Entity delegates to Business Associate the sole authority to determine whether to grant a request to amend PHI, and amend the PHI as requested if such request for amendment is granted. C. Disclosure Accounting. So that Business Associate can meet disclosure accounting obligations under 45 C.F.R. § 164328 that are delegated to it by Covered Entity, Business Associate shall record the following information C-4 requesting the disclosure accounting, assist Covered Entity or the individual to contact the Research sponsor, and the researcher if it is reasonably likely that Covered Entity's PHI relating to the individual was disclosed for the particular Research protocol or activity. D. Reporting of Disclosure Information. Business Associate shall report the Disclosure Information to Covered Entity within five (5) days following the accountable disclosure. E. Maintenance of Disclosure Information. Unless otherwise provided by applicable law, Business Associate shall maintain the Disclosure Information for at least 11 years following the date of the accountable disclosure to which the Disclosure Information relates. F. Individual Disclosure Requests. Business Associate will respond within sixty (60) days and in accordance with Privacy Rules to each request by an individual (or the individual's personal representative) for an accounting of Disclosures solely with respect to duties assumed by Business Associate under the Agreement, consistent with the requirements of 45 CFR Section 164.528, so that Covered Entity may meet its disclosure obligations under 45 C.F.R. § 164.528. Covered Entity delegates to Business Associate the sole authority to determine whether to grant a request to amend PHI, and amend the PHI as requested if such request for amendment is granted. G. Restriction Agreements and Confidential Communications. Business Associate will respond within sixty (60) days to each request by an individual (or the individual's personal representative) to (I) restrict use or disclosure of Covered Entity's PHI pursuant to 45 C.F.R. § 164.522(a), or (ii) require confidential communication about Covered Entity's PHI pursuant to 45 C.F.R. § 164.522(b), so that Covered Entity may meet its obligations under 45 C.F.R. § 164.522. Covered Entity delegates to Business Associate the sole authority to determine whether to grant a request to restrict use or disclosure of PHI or provide confidential communication about PHI solely with respect to duties assumed by Business Associate under the Agreement. H. Contact Person. Business Associate agrees to provide a contact person or office responsible for receiving enrollee privacy or security complaints or questions solely with respect to duties assumed by Business Associate under the Agreement. IV. Privacy Obligation Breach and Security incidents. A. Reporting. C-6 1. Privacy Breach. Business Associate shall report to Covered Entity any use or disclosure of Covered Entity's PHI not permitted by this BAA or in writing by Covered Entity. In addition, Business Associate shall report, following discovery and without unreasonable delay, but in no event later than five (5) days following discovery, any "Breach" of "Unsecured Protected Health Information" as these terms are defined by the Breach Notification Regulation. However, in providing such notice, Business Associate will ensure that it does not disclose PHI to Covered Entity. 2. Security Incident. The Security Rules define a "Security Incident" as an attempted or successful unauthorized access, use, disclosure, modification or destruction of information or interference with system operations in an information system, involving electronic PHI ("e -PHI") that is created, received, maintained or transmitted by or on behalf of a Party. Since the Security Rules include attempted unauthorized access, use, disclosure, modification or destruction of information, Covered Entity needs to have notice of attempts to bypass electronic security mechanisms. The Parties recognize and agree that the significant number of meaningless attempts to, without authorization, access use, disclose, modify or destroy e -PHI will make a real-time reporting requirement formidable for Business Associate. Therefore, the Parties agree to the following reporting procedures for Security Incidents that result in unauthorized access, use, disclosure, modification or destruction of information or interference with system operations ("Successful Security Incidents") and for Security Incidents that do not so result ("Unsuccessful Security Incidents"). For Unsuccessful Security Incidents, the Parties agree that this paragraph constitutes notice of such Unsuccessful Security Incidents. By way of example, the Parties consider the following to be illustrative of Unsuccessful Security Incidents when they do not result in actual unauthorized access, use, disclosure, modification or destruction of e -PHI or interference with an information system: • Pings on Business Associate's firewall, • Port scans, • Attempts to log on to a system or enter a database with an invalid password or username, • Denial -of -service attacks that do not result in a server being taken off-line, and C-7 Malware (worms, viruses, etc.) However, in providing such notice, Business Associate will ensure that it does not disclose PHI to Covered Entity. B. Breach Notification. 1. Monitoring and Reporting Incidents of Unauthorized Use or Disclosure of Unsecured PHI. Business Associate will take reasonable steps to monitor the unauthorized acquisition, access, use, and disclosure (subsequently referred to as use or disclosure) of Unsecured PHI relating to Covered Entity. In particular, individuals who use or disclose PHI relating to Covered Entity on behalf of Business Associate will be required to report all such unauthorized use or disclosure to Business Associate's Privacy Official or designated individual. 2. Determination Whether Unauthorized Use or Disclosure Constitutes Breach. Upon receiving a report of unauthorized use or disclosure, Business Associate will undertake a risk assessment to determine whether there is a low probability that the PHI has been compromised pursuant to the Breach Notification Regulation. The Business Associate will make and retain records of such determinations, including the basis for determinations that unauthorized uses or disclosures are not Breaches of Unsecured PHI. 3. Notice to Affected Individuals of Breach. If the unauthorized use or disclosure constitutes a Breach, the Business Associate will notify the Individual(s) whose Unsecured PHI was used or disclosed improperly in accordance with the Breach Notification Requirements via written notice, substitute notice or notice in urgent situations, as appropriate. Business Associate shall be responsible for any and all costs relating to such notice. Written notices will be written in plain language and will include, to the extent possible: A. a brief description of what happened, including the date of the Breach and the date of discovery of the Breach; B. a description of the types of Unsecured PHI involved (without, however, including specific PHI); C. any steps Individuals should take to prevent potential harm resulting from the Breach; C-8 D. a brief description of what the Business Associate is doing (i) to investigate the Breach, (ii) to mitigate harm to Individuals and (iii) to protect against further Breaches; and E. contact procedures for Individuals to ask Business Associate questions or learn additional information, including a toll-free telephone number, e-mail address, website, or postal address. Such notification will be provided without unreasonable delay and in no case later than 60 calendar days after discovery of the Breach. Business Associate will provide Covered Entity with a copy of the notice it determines is required by this paragraph 3 prior to its distribution for review and approval by Covered Entity, which approval will not be unreasonably withheld. However, in providing such notice, Business Associate will ensure that it does not disclose PHI to Covered Entity. 4. Notice to Media of Breaches Involving More Than 500 Residents of Same State or Jurisdiction. If a Breach involves more than 500 residents of the same State or jurisdiction, the Business Associate will notify the media in accordance with the Breach Notification Requirements. Business Associate shall be responsible for any and all costs relating to such notice. Such notification will be provided without unreasonable delay and in no case later than 60 calendar days after discovery of the Breach. Business Associate will provide Covered Entity with a copy of the notice it determines is required by this paragraph 4 prior to its distribution for review and approval by Covered Entity, which approval will not be unreasonably withheld. 5. Notice to Covered Entity of Breaches Involving 500 or More Individuals. If a Breach involves 500 or more individuals the Business Associate will notify Covered Entity with all the appropriate information so Covered Entity can notify HHS in the manner specified in the Breach Notification Requirements and on the HHS website. Business Associate will provide such notification without unreasonable delay and in no case later than 30 calendar days after discovery of the Breach. 6. Maintenance of Log and Annual Notice to Covered Entity of Breaches Involving Less than 500 Individuals. The Business Associate will maintain a log of Breaches involving less than 500 Individuals and, not later than 30 days after the end of each calendar year, notify Covered Entity with all the appropriate information so Covered Entity can notify HHS in the C-9 manner specified in the Breach Notification Requirements and on the HHS website. 7. Delayed Notification. Notwithstanding paragraph 3 or 4 above, if a law enforcement official provides Business Associate with a statement that the notification required under paragraph 3 or 4 above would impede a criminal investigation or cause damage to national security, then Business Associate may delay the notification for the period of time set forth in the statement. If the law enforcement official provides an oral statement, then Business Associate shall document the statement in writing, including the name of the law enforcement official making the statement, and may delay the notification required under paragraph 3 or 4 for no longer than thirty (30) days from the date of the oral statement, unless the law enforcement official provides a written statement during that time that specifies a different time period. Business Associate shall be obligated to maintain evidence to demonstrate that the required notification under this paragraph was made. C. Mitigation. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of the requirements of this BAA, including, but not limited to, reimbursing Covered Entity for any and all costs related to credit - monitoring of Covered Entity's members. D. Termination of BAA. 1. Right to Terminate for Breach. Covered Entity may terminate this BAA (as well as any other agreement to which this BAA is attached) if it determines, in its sole discretion, that Business Associate has breached any provision of this BAA and upon written notice to Business Associate of the breach, Business Associate fails to cure the breach within ten (10) days after receipt of the notice. Covered Entity may exercise this right to terminate this BAA by providing Business Associate written notice of termination, stating the failure to cure the breach of the BAA that provides the basis for the termination. Any such termination will be effective immediately or at such other date specified in Covered Entity's notice of termination. If for any reason Covered Entity determines that Business Associate has breached the terms of this BAA and such breach has not been cured, but Covered Entity determines that termination of the BAA is not feasible, Covered Entity may report such breach to the U.S. Department of Health and Human Services. C-10 2. Termination Upon Expiration or Termination of Related Agreement(s). In the event any underlying agreement(s) to which this BAA is attached expires or is terminated, this BAA shall also be terminated, effective as the date of the expiration or termination of the underlying agreement(s). 3. Obligations on Termination. a. Return or Destruction of Covered Entity's PHI as Feasible. Upon termination or other conclusion of this BAA, Business Associate shall, if feasible, return to Covered Entity or destroy Covered Entity's entire PHI in whatever form or medium, including all copies thereof and all data, compilations, and other works derived therefrom that allow identification of any individual who is a subject of Covered Entity's PHI. Business Associate shall require any subcontractor or agent, to which Business Associate has disclosed Covered Entity's PHI as permitted by Section I.E of this BAA, to if feasible return to Business Associate (so that Business Associate may return it to Covered Entity) or destroy all of Covered Entity's PHI in whatever form or medium received from Business Associate, including all copies thereof and all data, compilations, and other works derived therefrom that allow identification of any individual who is a subject of Covered Entity's PHI, and certify on oath to Business Associate that all such information has been returned or destroyed. Business Associate shall complete these obligations as promptly as possible, but not later than thirty (30) days following the effective date of the termination or other conclusion of this BAA. b. Procedure When Return or Destruction Is Not Feasible. Business Associate shall identify any of Covered Entity's PHI, including any that Business Associate has disclosed to subcontractors or agents as permitted by Section I.E of this BAA, that cannot feasibly be returned to Covered Entity or destroyed and explain why return or destruction is infeasible. Where Covered Entity agrees that such return or destruction is infeasible, Business Associate shall limit its further use or disclosure of such information to those purposes that make return or destruction of such information infeasible. If Covered Entity does not agree, subparagraph 3.a. above shall apply. Business Associate shall require such subcontractor or agent to limit its further use or disclosure of Covered Entity's PHI that such subcontractor or agent cannot feasibly return or destroy to those purposes that make the return or destruction of such information infeasible. Business Associate C-11 shall complete these obligations as promptly as possible, but not later than thirty (30) days following the effective date of the termination or other conclusion of this BAA. c. Continuing Privacy and Security Obligation. Business Associate's obligation to protect the privacy and safeguard the security of Covered Entity's PHI as specified in this BAA will be continuous and survive termination or other conclusion of this BAA. E. Indemnity. Business Associate shall indemnify and hold harmless Covered Entity and any Covered Entity affiliate, officer, director, employee or agent from and against any claim, cause of action, liability, damage, fines, penalties, cost or expense, including attorneys' fees and court or proceeding costs, arising out of or in connection with any non -permitted use or disclosure of Covered Entity's PHI or other breach of this BAA by Business Associate or any subcontractor or agent under Business Associate's control. Covered Entity will indemnify and hold harmless Business Associate and any Business Associate affiliate, officer, director, employee or agent from and against any claim, cause of action, liability, damage, fines, penalties, cost or expense, including attorneys' fees and court or proceeding costs, arising out of or in connection with any non -permitted use or disclosure of Covered Entity's PHI or other breach of this BAA by Covered Entity or any subcontractor or agent under Covered Entity's control. 1. Right to Tender or Undertake Defense. If Covered Entity is named a party in any judicial, administrative or other proceeding arising out of or in connection with any non -permitted use or disclosure of Covered Entity's PHI or other breach of this BAA by Business Associate or any subcontractor or agent under Business Associate's control, Covered Entity will have the option at any time either (A) to tender its defense to Business Associate, in which case Business Associate shall provide qualified attorneys, consultants, and other appropriate professionals to represent Covered Entity's interests at Business Associate's expense, or (B) undertake its own defense, choosing the attorneys, consultants, and other appropriate professionals to represent its interests, in which case Business Associate will be responsible for and pay the reasonable fees and expenses of such attorneys, consultants, and other professionals. If Business Associate is named a party in any judicial, administrative or other proceeding arising out of or in connection with any non -permitted use or disclosure of Covered Entity's PHI or other breach of this BAA by Covered Entity or any subcontractor or agent under Covered Entity's C-12 control, Business Associate will have the option at any time either (A) to tender its defense to Covered Entity, in which case Covered Entity will provide qualified attorneys, consultants, and other appropriate professionals to represent Business Associate's interests at Covered Entity's expense, or (B) undertake its own defense, choosing the attorneys, consultants, and other appropriate professionals to represent its interests, in which case Covered Entity will be responsible for and pay the reasonable fees and expenses of such attorneys, consultants, and other professionals. 2. Right to Control Resolution. Covered Entity will have the sole right and discretion to settle, compromise or otherwise resolve any and all claims, causes of actions, liabilities or damages against it, notwithstanding that Covered Entity may have tendered its defense to Business Associate. Any such resolution will not relieve Business Associate of its obligation to indemnify Covered Entity under this Section IV.E. Business Associate will have the sole right and discretion to settle, compromise or otherwise resolve any and all claims, causes of actions, liabilities or damages against it, notwithstanding that Business Associate may have tendered its defense to Covered Entity. Any such resolution will not relieve Covered Entity of its obligation to indemnify Business Associate under this Section IV.E. V. General Provisions. A. Inspection of Internal Practices. Books, and Records. Business Associate shall make its internal practices, books, and records relating to its use and disclosure of Covered Entity's PHI available to Covered Entity and to DHHS to determine Covered Entity's compliance with the Privacy Rule, 45 C.F.R. Part 164, Subpart E, and the Security Rule. B. Definitions. The terms "Covered Entity," "Electronic Protected Health Information," "Protected Health Information," "Standard," "Trading Partner Agreement," and "Transaction" have the meanings set out in 45 C.F.R. § 160.103. The term "Standard Transaction" has the meaning set out in 45 C.F.R. § 162.103. The term "Required by Law" has the meaning set out in 45 C.F.R. § 164.103. The terms "Health Care Operations," "Payment," "Research," and "Treatment" have the meanings set out in 45 C.F.R. § 164.501. The term "Limited Data Set" has the meaning set out in 45 C.F.R. § 164.514(e). The term "use" means, with respect to PHI, utilization, employment, examination, analysis or application within Business Associate. The terms "disclose" and "disclosure" mean, with respect to PHI, release, transfer, providing access to or divulging to a person or entity not within Business Associate. For purposes of this BAA, Covered Entity's PHI C-13 encompasses Covered Entity's Electronic PHI. Any other capitalized terms not identified in this BAA will have the meanings set forth in the HIPAA Rules. C. Amendment to BAA. Upon the compliance date of any final regulation or amendment to final regulation promulgated by DHHS that affects Business Associate's use or disclosure of Covered Entity's PHI or Standard Transactions, this BAA will automatically amend such that the obligations imposed on Business Associate remain in compliance with the final regulation or amendment to final regulation. D. Privacy Notice. Business Associate agrees to include a draft notice, consistent with the requirements in 45 C.F.R. § 164.520 and the terms of this Attachment, in the summary plan descriptions of adopting Employers. E. Privacy Official. Business Associate agrees to designate a privacy official who will also act as the Covered Entity's privacy official solely with respect to duties assumed by Business Associate under the Agreement. F. Conflicts. In the event that this BAA is made part of another agreement between the parties, the terms and conditions of this BAA will override and control any conflicting term or condition of such other agreement, provided that this BAA shall not override any rights of the parties to terminate any such other agreement in accordance with the terms and conditions of such other agreement. C-14 CITY OF STILLWATER SELECTACCOUNT FLEXIBLE BENEFIT PLAN DOCUMENT SIGNATURE PAGE CITY OF STILLWATER restates its cafeteria plan by adopting the attached SelectAccount Flexible Benefit Plan and applicable Benefit Summaries (collectively the "Plan Document"). This restatement is effective as of January 1, 2017. The Company has caused this instrument to be executed by its authorized officer, this 22nd day of February, 2017 **Please sign and keep this page for your records** CITY OF STILLWATER By: J. Thomas McCarty Its: City Administrator City of Stillwater Flexible Benefit Plan Plan Document CITY OF STILLWATER SELECTACCOUNT FLEXIBLE BENEFIT PLAN Table of Contents Page ARTICLE I DESCRIPTION AND PURPOSE 1 1.1. Plan Name and Purpose 1 1.2. Plan Benefits. 1 ARTICLE II DEFINITIONS AND INTERPRETATIONS 3 2.1. Affiliate or Affiliated Organization. 3 2.2. Account. 3 2.3. Administrator or Plan Administrator. 3 2.4. Annual Contribution Election 3 2.5. Carryover Amount. 3 2.6. Choice Medical FSA. 3 2.7. Claims Administrator. 3 2.8. Claims Submission Period. 4 2.9. COBRA. 4 2.10. Code or Internal Revenue Code. 4 2.11. Company. 4 2.12. Company -Sponsored Health Insurance or Company -Sponsored Health Insurance Coverage. 4 2.13. Compensation. 4 2.14. Debit Card. 4 2.15. Dependent. 4 2.16. Dependent Care Expense 5 2.17. Dependent Care FSA. 5 2.18. Dependent Care Plan. 5 2.19. Election Change Event. 5 2.20. Eligible Employee. 5 2.21. Eligible Expense 5 2.22. Employee. 6 2.23. Employer or Participating Employer 6 2.24. Excluded Individual. 6 2.25. FMLA Leave. 6 2.26. Grace Period 6 2.27. High Deductible Health Plan or HDHP. 6 2.28. HIPAA. 6 2.29. HSA -Compatible Medical FSA. 6 2.30. HSA or Health Savings Account 6 2.31. Medical Expense. 7 2.32. Medical FSA 7 Table of Contents (continued) Page 2.33. Open Enrollment or Open Enrollment Period. 7 2.34. Option or Benefit Option. 7 2.35. Other Health Insurance or Other Health Insurance Coverage. 7 2.36. Participant. 7 2.37. Payroll Contributions. 7 2.38. Payroll Period. 7 2.39. Period of Coverage 7 2.40. Plan 8 2.41. Plan Rules. 8 2.42. Plan Year. 8 2.43. Premium 8 2.44. Premium Reimbursement Account. 8 2.45. Pre -Tax Premium Benefit or Pre -Tax Premium. 8 2.46. Qualified Benefits 8 2.47. Qualifying Election Change. 8 2.48. Qualifying Individual. 8 2.49. Service Requirement 9 2.50. Similar Coverage Option. . 9 2.51. Summary or Summary Plan Description. 9 ARTICLE III PARTICIPATION 10 3.1. Eligibility to Participate. 10 3.2. Terms and Conditions of Participation. 10 ARTICLE IV PLAN BENEFITS AND FUNDING 11 4.1. Plan Benefits. .. 11 4.2. Funding of Plan Benefits. 11 4.3. Employer Contribution. 11 4.4. Participant's Account. 11 4.5. Allocation to Accounts. 11 4.6. Payments from Accounts. 11 4.7. Cash 12 4.8. Forfeiture of Balance in Accounts (not applicable to HSA). 13 4.9. Status of Accounts................................................................................................... 13 4.10. Distribution of Benefits Upon Termination of Plan or Employer Participation 13 ARTICLE V ELECTIONS 14 5.1. Benefit Elections. 14 5.2. Limitations on Maximum Annual Contributions Imposed by Law. 14 5.3. Time of Election. 15 5.4. Deemed Election. 15 ii Table of Contents (continued) Page 5.5. Restrictions on Election Changes. 16 ARTICLE VI ADMINISTRATION OF PLAN 20 6.1. Administrator, Named Fiduciary 20 6.2. Administrator's Compensation. 20 6.3. Administrator's Discretion. 20 6.4. Professional Assistance 21 6.5. Reliance on Others 21 6.6. Indemnification. ........................... 21 6.7. Reports to Participants. 22 6.8. Claim Procedure 22 6.9. Fiscal Records 22 ARTICLE VII MISCELLANEOUS 23 7.1. HIPAA Privacy and Security. 23 7.2. Governing Law. 23 7.3. Limitations on Actions. 23 7.4. Number and Gender...... 23 7.5. Reference to an Officer of the Company. 23 7.6. No Employment Rights. 23 7.7. Severability 23 7.8. Withholding. 23 7.9. Non -Assignability of Benefits 24 7.10. Disabled Participants. 24 7.11. Death of Participant. 24 7.12. Satisfaction of Claims 24 7.13. Participant Tax Consequences. 25 7.14. Non -Discrimination 25 ARTICLE VIII ADOPTION, AMENDMENT AND TERMINATION 26 8.1. Adoption and Termination by Affiliated Organization. 26 8.2. Amendment Procedure. 26 8.3. Termination Procedure. 26 Appendix A: HIPAA Privacy and Security 1 iii ARTICLE I DESCRIPTION AND PURPOSE 1.1. Plan Name and Purpose (A) The Plan name is the "City of Stillwater SelectAccount Flexible Benefit Plan." (B) This instrument, together with the applicable Benefit Option Summaries, constitutes the Plan Document. (C) This Plan is intended to qualify as a "cafeteria plan" under Code section 125. (D) The purpose of this Plan is to permit Eligible Employees to choose to make Payroll Contributions on a pre-tax basis to pay for Qualified Benefits. 1.2. Plan Benefits The Qualified Benefits available under this Plan are (only the boxes that are checked apply): ❑ Pre -Tax Premium Benefit. The Pre -Tax Premium component is intended to permit Eligible Employees to pay the Premiums for Company -Sponsored Health Insurance elected by the Eligible Employee on a pre-tax basis. The terms and conditions of the Company -Sponsored Health Insurance Coverage, including eligibility for coverage, the benefits provided, and eligibility for benefits, are as provided in the plans or policies for the Company -Sponsored Health Insurance Coverage and are not governed by this Plan. ❑ Premium Reimbursement Account. The Premium Reimbursement Account component is intended to qualify as "employer-provided coverage under an accident or health plan" under Code section 106. The terms and conditions of the Other Health Insurance Coverage, including eligibility for coverage, the benefits provided, and eligibility for benefits, are as provided in the plans or policies for the Other Health Insurance Coverage and are not governed by this Plan. The Company does not sponsor, administer have any connection to or responsibility for the Other Health Insurance Coverage. ® Medical Flexible Spending Account. The Medical FSA component is intended to qualify as a "self-insured medical reimbursement plan" under Code section 105 and the Medical Expenses reimbursed from such Accounts are intended to be excludable from Participants' incomes under Code section 105(b). ® Dependent Care Flexible Spending Account. The Dependent Care FSA component is intended to qualify as a "dependent care assistance plan" under Code section 129 and the Dependent Care Expenses reimbursed from such Accounts are intended to be excludable from Participants' incomes under Code section 129. 1 Health Savings Account. The Health Savings Account ("HSA") component is intended to qualify as a Health Savings Account under Code section 223. Only the sections of this Plan Document that relate to the Qualified Benefits selected will be given effect. 2 ARTICLE II DEFINITIONS AND INTERPRETATIONS As used in this instrument, unless the context otherwise indicates, the terms defined in this Plan will have the meaning given them in the applicable Summary, provided that each of the following terms shall have the meaning given below. 2.1. Affiliate or Affiliated Organization The Employer and any other corporation, trade or business which is under common control with the Employer under the provisions of section 414 of the Code. Unless specifically provided otherwise, such corporation, trade or business shall be deemed an Affiliate for all purposes, only from the date it came under the common control with the Employer. The term Affiliate shall include for all purposes of this Plan an affiliated service group as defined in section 414(m) of the Code and any other entity required to be aggregated with the Employer pursuant to regulations under section 414(o) of the Code. 2.2. Account A bookkeeping account to which Payroll Contributions are credited. A separate bookkeeping account is established for each Option elected by the Participant. A Participant's Account is charged as benefits are used. 2.3. Administrator or Plan Administrator The person or entity performing the administrative activities of the Plan. To the extent the Plan Administrator has delegated administrative activities to the Claims Administrator, the term "Administrator" may mean Claims Administrator. 2.4. Annual Contribution Election The amount elected by a Participant to be allocated to an Account for an entire Plan Year (or the Participant's Period of Coverage, if less than the Plan Year). 2.5. Carryover Amount The amount specified in the Summary (if any). 2.6. Choice Medical FSA A Medical FSA that includes a general-purpose FSA that reimburses all Eligible Medical Expenses and an HSA -Compatible Medical FSA. 2.7. Claims Administrator The person or entity performing claims administration and other administrative activities on 3 behalf of the Plan. The Claims Administrator is named in the Summary. 2.8. Claims Submission Period The period stated in the Summary within which a claim must be submitted to the Claims Administrator to be eligible for reimbursement. 2.9. COBRA Section 4980B of the Code. 2.10. Code or Internal Revenue Code The Internal Revenue Code of 1986, as amended. Any reference to a section of the Code refers to that section of the Internal Revenue Code of 1986, or the corresponding section of the Code as amended from time to time. 2.11. Company The company identified in the Summary and its successors and assigns. 2.12. Company -Sponsored Health Insurance or Company -Sponsored Health Insurance Coverage Coverage an employee has elected under a Company -sponsored health plan, whether insured through an insurance company or self-insured by the Company (benefits paid from general corporate assets), excluding the Medical FSA. The Company -sponsored health plans are listed in the Summary. 2.13. Compensation The amount that, if the Participant did not participate in the Plan, would be reportable by the Employer as the Participant's "wages" for such period for federal income tax purposes, excluding non-cash benefits and any items not payable on a regular payroll date basis. 2.14. Debit Card A card issued by the Administrator which permits conditional reimbursements for medical expenses to occur at the time the expense is incurred. A Participant is obligated to comply with all terms and conditions imposed on the use of a debit card and the expense must qualify as a Medical Expense under the terms of the Plan. 2.15. Dependent (A) Generally, a person who qualifies as a "dependent' of the Participant under the relevant provision of the Code. The requirements that must be met for a person to qualify as the Participant's dependent differ depending on the type of benefit. 4 (B) For a Pre -Tax Premium, Premium Reimbursement Account, or Medical FSA, "Dependent" includes: (i) your spouse (to whom you are legally married); (ii) a person whom you can claim as a dependent on your federal income tax return; and (iii) a child whom you can claim as your health care tax dependent within the meaning of Code sections 105 or 106. This includes your son, daughter, stepson, stepdaughter or foster child who was under the age of 26 at the beginning of the calendar year. (C) For a HSA, the term means a "dependent" within the meaning of Code section 223. (D) For a Dependent Care FSA, the term means a Qualifying Individual. The term "Qualifying Individual" will be defined and construed in accordance with Code sections 129 and 21. 2.16. Dependent Care Expense An expense a Participant incurs for dependent care provided to a Qualified Individual that meets all of the requirements necessary to be eligible for reimbursement under this Plan and the Dependent Care Plan. 2.17. Dependent Care FSA The Account from which a Participant's Dependent Care Expenses are reimbursed. 2.18. Dependent Care Plan The Company's Dependent Care Plan, as set forth in the Dependent Care FSA Summary and this Plan Document. 2.19. Election Change Event An event permitting an election change as outlined in the Plan. 2.20. Eligible Employee (A) An Employee who meets the eligibility requirements stated in the Summary and the applicable Summary. (B) No judicial or administrative reclassification or reclassification by the Employer, of a person as a common-law employee or otherwise Eligible Employee will be applied to grant retroactive eligibility to any person under this Plan. 2.21. Eligible Expense An expense that meets all of the requirements to be eligible for reimbursement under the Plan and the applicable Option. 5 2.22. Employee An individual who is employed by a Participating Employer, classified by the Employer as a common-law employee under the Employer's employment and payroll practices and employed within the United States or is a United States expatriate. 2.23. Employer or Participating Employer The Company or any Affiliated Organizations and their successors and assigns, if any, that have adopted the Plan with the Company's consent. Any of those entities may be considered the "Employer" when that term is used in the Plan. The plural use of the term will include the Company and all those participating employers. 2.24. Excluded Individual An individual excluded from participation in the Plan as stated in the Summary. An Excluded Individual cannot be an Eligible Employee. 2.25. FMLA Leave A leave of absence taken by a Participant pursuant to the Family and Medical Leave Act of 1993, as amended from time to time. 2.26. Grace Period The period specified in the Summary (if any), and not exceeding 2 1/2 months, immediately following a Plan Year. Eligible Expenses incurred during a Grace Period may be reimbursed from the Carryover Amount from the prior Plan Year. 2.27. High Deductible Health Plan or HDHP A health plan described in Code section 223(c)(2). 2.28. HIPAA The Health Insurance Portability and Accountability Act of 1996, as amended. 2.29. HSA -Compatible Medical FSA A Medical FSA that only permits reimbursement of (A) vision and dental Eligible Medical Expenses; and/or (B) Eligible Medical Expenses once the deductible for the High Deductible Health Plan HSA been satisfied, as indicated in the Medical FSA Summary Plan Description. 2.30. HSA or Health Savings Account A tax -favored individual account to be used in conjunction with a High Deductible Health Plan to pay Medical Expenses not covered by the High Deductible Health Plan. 6 2.31. Medical Expense An expense incurred by the Participant for medical care within the meaning of Code section 213(d) for the Participant or his or her spouse or Dependent that is eligible for reimbursement from a Medical FSA or HSA pursuant to the applicable Code section and regulations, Option Summary and Plan Rules. 2.32. Medical FSA The flexible spending Account from which a Participant's Medical Expenses are reimbursed. 2.33. Open Enrollment or Open Enrollment Period The period preceding each Plan Year, as designated by the Plan Administrator, during which Eligible Employees may make elections for Plan benefits to be effective for such Plan Year. 2.34. Option or Benefit Option A Qualified Benefit under this Plan. 2.35. Other Health Insurance or Other Health Insurance Coverage Individual or group health plan coverage (whether insured through an insurance company or self- insured) for the employee, his or her spouse, and his or her Dependents, obtained by the employee or his or her spouse. 2.36. Participant An Eligible Employee who has satisfied any Service Requirement and enrolled in the Plan in the manner required by the Plan Administrator. 2.37. Payroll Contributions Participant contributions for benefits elected under the Plan taken from the Participant's Compensation. 2.38. Payroll Period A payroll period of the Employer in which, under the Employer's standard payroll practices, charges for Plan benefits payable by an Eligible Employee are normally deducted from his or her pay. 2.39. Period of Coverage The period during a Plan Year in which a Participant is covered under the Plan. When participation ends, the Participant's Period of Coverage will also end unless the Participant continues coverage as provided under the Plan. 7 2.40. Plan The Company's SelectAccount Flexible Benefit Plan, as amended from time to time. 2.41. Plan Rules Rules established by the Plan Administrator or Claims Administrator with respect to administration of the Plan. The Plan Administrator or Claims Administrator may implement or change a Plan Rule by a written instrument or by practice without prior notice to any person. 2.42. Plan Year The annual period indicated in the Summary. 2.43. Premium The amount that, without regard to this Plan, would be required to be paid by a Participant for Company -Sponsored Health Insurance Coverage elected by the Participant or Other Health Insurance Coverage obtained by the Participant. To be covered, Premiums must eligible for payment through the Pre -Tax Premium Benefit or Premium Reimbursement Account pursuant to the applicable Code section and regulations, Option Summary and Plan Rules. 2.44. Premium Reimbursement Account The Account from which a Participant's Premiums for Other Health Insurance Coverage are reimbursed. 2.45. Pre -Tax Premium Benefit or Pre -Tax Premium The ability for a Participant to pay Premiums for Company -Sponsored Health Insurance on a pre- tax basis through this Plan. 2.46. qualified Benefits The benefits provided under this Plan that are listed in section 1.2. 2.47. Qualifying Election Change An election change made due to an Election Change Event that is consistent with the election change as required by the Plan and IRS regulations. 2.48. Qualifying Individual In general, a Dependent of a Participant who is under the age of thirteen or a Participant's spouse or Dependent of any age who is physically or mentally incapable of self-care. A detailed definition of this term is provided in the Summary for the Dependent Care FSA. Only expenses incurred for the care of a Qualifying Individual are eligible for reimbursement from the Dependent Care FSA. 8 2.49. Service Requirement The period an Eligible Employee must be employed before he or she is permitted to enroll in and participate in the Plan as stated in the Summary. 2.50. Similar Coverage Option Coverage for the same category of benefits for the same individuals. The coverage can be provided under the plan of the Employer or the plan of a Participant's spouse's or Dependent's employer. This term is relevant with respect to change in cost or coverage Election Change Events. 2.51. Summary or Summary Plan Description The Summary document for a Benefit Option. The Summary is the Summary Plan Description for that Option. 9 ARTICLE III PARTICIPATION 3.1. Eligibility to Participate All Eligible Employees who have satisfied the Service Requirements are eligible to participate in the Plan. 3.2. Terms and Conditions of Participation The terms and conditions of participation, including commencement, termination, and continuation of participation, for an Option are as provided in the Summary for that Option. 10 ARTICLE IV PLAN BENEFITS AND FUNDING 4.1. Plan Benefits The Plan provides the Qualified Benefits selected in section 1.2. Additional terms and conditions applicable to each Option are as described in the Summary for the Option. 4.2. Funding of Plan Benefits Election amounts will be funded through Participant Payroll Contributions made on a Payroll Period basis on behalf of Eligible Employees. Any remaining Compensation will be paid to the Participant in cash, subject to such other charges as may be imposed on such Compensation. No separate fund or trust is maintained to pay Plan benefits, all of which are paid from the general assets of the Company. 4.3. Employer Contribution If an Employer contribution is made, the Employer will contribute an equal amount to each Participant in the same Eligible Employee category who participates the entire Plan Year, provided that contributions made for highly compensated employees, as defined by Code section 414(q), can be lower than non -highly compensated employees in the same Eligible Employee category. If a Participant's Period of Coverage is less than a Plan Year, the amount will be adjusted accordingly. The Employer contribution, if any, is stated in the Summary. 4.4. Participant's Account (A) An "Account," with respect to a Participant, is the bookkeeping reserve account or subaccount, as the context may require, used to track allocation and payment of Plan benefits. (B) The Administrator will establish and maintain an Account in the name of each Participant. (C) The Administrator will establish and maintain under each Participant's Account a subaccount for each Option elected by the Participant. (D) Each Participant's Account will be credited and debited in accordance with the remaining provisions of this Article. 4.5. Allocation to Accounts Allocations to the Participant's Account will be made proportionately on a Payroll Period basis throughout the Plan Year (or the Participant's Period of Coverage, if less than the Plan Year) except as otherwise deemed appropriate by the Administrator. 4.6. Payments from Accounts 11 (A) A Participant's Account will be debited with the amount of each payment of Plan benefits. Payments will be debited as of the date they are made. (B) Amounts allocated to a Participant's Pre -Tax Premium Benefit Account will be paid to the insurer, on a monthly basis or as otherwise required by the terms of the Company - Sponsored Health Insurance, provided that the Premium payment will not exceed the credit balance of the Participant's Pre -Tax Premium Benefit Account as of the date the Premiums payable from such Account are paid. (C) Reimbursements to Participants for the cost of Premiums from a Premium Reimbursement Account will be made upon submission of a proper claim for reimbursement pursuant to the procedure described in the Summary. The Administrator may prescribe the minimum reimbursement amount that will be paid and the frequency and timing of reimbursement payments. The amount contributed to a Participant's Premium Reimbursement Account at the time a claim is paid will be available to the Participant for reimbursement. (D) Reimbursements to Participants for the cost of Eligible Expenses from a Medical FSA or Dependent Care FSA will be made upon submission of a proper claim for reimbursement pursuant to the procedure described in the Summary. The Administrator may prescribe the minimum reimbursement amount that will be paid and the frequency and timing of reimbursement payments. (E) The full Annual Contribution Election to the Participant's Medical FSA for the Plan Year will be available to the Participant from the first day in the Plan Year on which he or she is a Participant. (F) The amount contributed to a Participant's Dependent Care FSA at the time a claim is paid, reduced by amounts previously paid from such FSA for the Plan Year, will be available to the Participant for reimbursement. (G) The amount contributed to a Participant's HSA at the time a claim is paid, reduced by amounts previously paid from such HSA for the Plan Year, will be available to the Participant for reimbursement. (H) If the Participant's benefit election or the Premium payable for the Participant's Company -Sponsored Health Insurance changes during the Plan Year, subsequent allocations to the Participant's Pre -Tax Premium Benefit Account will be changed accordingly. (I) Amounts allocated to one Account cannot be used to provide benefits through another Account. 4.7. Cash (A) The excess, if any, of (1) the amount of Payroll Contributions allocated to the Participant's Account on any payroll date over (2) the total allocation to the benefit sub -accounts on such date will be paid to the Participant in cash. 12 (B) To the extent that an amount paid from the Participant's Dependent Care FSA is includable in the Participant's gross income for federal income tax purposes, because it exceeds the earned income limitation of Code section 129(b), the Participant fails to comply with the reporting requirements of Code section 129(e)(9) or otherwise, such amount will be treated as a cash distribution to the Participant. (C) To the extent an amount paid from an Account is not permitted by the Code or regulations to be paid on a pre-tax basis, it will be treated as a cash distribution to the Participant. 4.8. Forfeiture of Balance in Accounts (not applicable to HSA) (A) As of the end of the last day of each Plan Year or, if earlier, on termination of participation, the balance of each Participant's Account and subaccounts to which such period applies will be reduced to zero. This reduction will be made retroactively upon the expiration of the Claims Submission Period. (B) Forfeited amounts will be used by the Plan Administrator, in its discretion, to pay the cost of benefits under the Plan, for administrative costs of the Plan, or to provide additional benefits to Participants. 4.9. Status of Accounts (A) Accruing benefits under this Plan will not vest in a Participant any right, title or interest in or to any assets of the Company. (B) To the extent that benefits accrued to a Participant's Account are not paid when due, the Participant will become a general unsecured creditor of the Company. (C) None of the amounts credited to a Participant's Account will be considered to be held in trust or escrow or as any other form of asset segregation for any Participant. (D) Except for the unsecured contractual right to receive benefits payable under the Plan, no person shall have any right, title or interest in or to the assets of the Employer. 4.10. Distribution of Benefits upon Termination of Plan or Employer Participation If the Company terminates the Plan, or an Employer terminates its participation in the Plan, each affected Participant's Account balance, as of the date of such termination, will continue to be applied in the manner provided in the preceding provisions of this article, but no allocations will be made to the Participant's Accounts following the date of such termination. 13 ARTICLE V ELECTIONS 5.1. Benefit Elections (A) Each Eligible Employee desiring to participate in the Plan and each Participant will make Plan benefit elections in the manner prescribed by the Administrator. (B) The Administrator may impose conditions and limitations on the benefit elections, including the minimum and maximum election amounts, subject to any limitations imposed by law. (C) All Premiums for Company -Sponsored Health Insurance Coverage will be paid pre- tax, except to the extent required to be paid after-tax by the Code or provision of this Plan, unless the Plan Administrator permits Eligible Employees to opt out of participation and the Eligible Employee does so. (D) No Participant will be eligible to participate in the Pre -Tax Premium Benefit Account or Premium Reimbursement Account prior to the date on which the Participant first becomes covered under the Company -Sponsored Health Insurance or Other Health Insurance, as applicable. (E) Benefit elections will be made prospectively. (F) A Participant in the Medical FSA or in the HSA who has Company -Sponsored Health Insurance through Blue Cross Blue Shield of Minnesota may elect to have the Company - Sponsored Health Insurance automatically submit requests for reimbursement of non -covered medical expenses, such as deductible amounts. This "crossover" election will remain in effect until the Participant notifies the Plan Administrator of the revocation of the election. (G) The Medical FSA for a Plan that offers both Medical FSA and HSA Benefit Options is a Choice Medical FSA. Eligible Employees who elect to participate in both the Plan's Medical FSA Benefit Option and the HSA Benefit Option for the same Plan Year will be limited to an HSA - Compatible Medical FSA. Eligible Employees who do not elect to participate in an HSA through this Plan may still choose to participate in the HSA -Compatible Medical FSA to maintain their eligibility and/or the eligibility of their spouses to participate in HSAs outside of this Plan. 5.2. Limitations on Maximum Annual Contributions Imposed by Law (A) Medical FSA. The Maximum Contribution Election for the Medical FSA is limited to the indexed payroll contribution plan year limit as set by the Affordable Care Act (ACA) effective for plan years effective January 1, 2013. (B) Dependent Care FSA. The Maximum Contribution Election for the Dependent Care FSA cannot be greater than: 14 (1) $5,000 per household ($2,500 if the Participant is married but filing a separate federal tax return) or, if less; or (2) the lesser of the Earned Income of the Participant and, if the Participant is married, the Earned Income of the Participant's spouse. (C) HSA. The maximum contribution election for the Health Savings Account is the product of 1/12th of the annual maximum multiplied by the number of months during the Plan Year on the first day of each of which the Participant is covered under a High Deductible Health Plan and is otherwise eligible to contribute to an HSA. A Participant who is eligible to contribute to an HSA as of December 1 will be allowed to make the entire annual maximum contribution election for that year as long as the High Deductible Health Plan is maintained through December of the following year. (1) The annual maximum is the amount prescribed in Code section 223(b)(2)(A)(ii) if the Participant has self -only coverage under the High Deductible Health Plan and the amount prescribed in Code section 223(b)(2)(B)(ii) if the Participant has family coverage under the High Deductible Health Plan. (2) The maximum contribution for a Participant who has attained age 55 before the end of a taxable year is increased by the amount specified in Code section 223(b)(3)(B). (D) The Plan Administrator can reduce an election that exceeds the Maximum Contribution Election to the Maximum Contribution Election. 5.3. Time of Election A Participant's election with respect to a Plan Year will be made during the Open Enrollment Period for such Plan Year and will remain in effect for the entire Plan Year unless a Qualifying Election Change is made. 5.4. Deemed Election (A) An Eligible Employee who fails to make an election for the Premium Reimbursement Account, Medical FSA, Dependent Care FSA, or HSA during Open Enrollment or, with respect to a new Employee, during the time period provided in the Summary, will be deemed to have elected no allocation for the Plan Year to such Accounts. (B) A Participant who experiences an Election Change Event but does not make a new election within the period provided in the Summary will continue the elections he or she had in effect prior to the Election Change Event. 15 5.5. Restrictions on Election Changes (A) HSA elections may be changed at any time. This section does not apply to HSAs. (B) An Annual Contribution Election is irrevocable during the Plan Year, except for certain Qualified Election Changes. (C) A Participant may make a Qualifying Election Change to a Pre -Tax Premium Benefit, Premium Reimbursement Account, Medical FSA or Dependent Care ESA in the manner prescribed by the Plan Administrator and Claims Administrator and in accordance with the following rules. (1.) An election will not be a Qualifying Election Change if the amount elected is less than the amount of reimbursements claimed from such Account for the Plan Year prior to the election. (2) The adjustment to the Participant's pre-tax contributions will not occur until the first payroll period after the Administrator receives, approves, and processes the Qualifying Election Change. (3) An election must be for prospective coverage only, except that in the case of an election change made to Company -Sponsored Health Insurance Coverage or Other Health Insurance Coverage as a result of a HIPAA special enrollment as a result of the birth, adoption, or placement for adoption of a child, the period of retroactive Company -Sponsored Health Insurance Coverage or Other Health Insurance Coverage required by HIPAA can be paid on a pre-tax basis. (D) Qualifying Election Change Events include change in status events, changes in cost or coverage events, and additional election change events. (1) A "change in status" event is: (a) a change in the Eligible Employee's marital status, including marriage, divorce, or death of a spouse; (b) a change in the number of the Eligible Employee's Dependents, including birth, adoption, placement for adoption or death of a Dependent; (c) an Eligible Employee's Dependent satisfies or fails to satisfy the Dependent eligibility requirements under a component plan; (d) a change in the employment status of the Eligible Employee or his or her spouse or Dependent, including termination or commencement of employment, strike or lockout, commencement of or return from an unpaid leave of absence, reduction or increase in hours, change in job 16 location, or any other change in employment status that affects eligibility under an employer plan; or (e) a change in residence for the Eligible Employee or his or her spouse or Dependents. (2) The change in status event must affect eligibility for coverage under an employer plan and the election change under the employer plan must be on account of, and correspond with, the change in status event. A change in status event "affects eligibility for coverage" if it results in a gain or loss of eligibility for coverage, a change in the number of an Employee's family members who may benefit from the coverage, or for the Dependent Care FSA, a gain or loss of eligibility for reimbursement of Dependent Care Expenses. (3) Changes in cost or coverage events do not apply to the Medical FSA and a Dependent Care FSA election cannot be changed due to a change in cost imposed by a provider who is related to the Participant. The changes in cost and coverage events and the election changes that are permitted as a result of such events are as follows: (a) An insignificant cost change will result in an automatic adjustment to the Participant's Pre -Tax Premium. (b) A significant increase in the cost of a coverage option will permit a Participant to change to a Similar Coverage Option, and if one is not available, to cancel coverage. (c) A significant decrease in the cost of a coverage option will permit a Participant or an Eligible Employee to elect that coverage option. (d) The loss of a coverage option will permit a Participant to change to a Similar Coverage Option or, if one is not available, to cancel coverage. (e) The reduction of coverage within a coverage option will permit a Participant who has that coverage option to change to a Similar Coverage Option. (f) The addition or significant improvement of a coverage option will permit an Eligible Employee or a Participant to elect the new or improved coverage option. (g) An election change made under a plan of another employer, such as the plan of the employer of the Participant's spouse or Dependent, if either such other plan permits its participants to make an election change in accordance with the regulations under Code section 125 or the Plan Year under this Plan and the plan year under such other plan are different will 17 permit a corresponding election change under this Plan. (4) The following are additional election change events and the election changes permitted as a result of such events: (a) The Participant may change his or her election for the Pre -Tax Premium Benefit, the Premium Reimbursement Account and the Medical FSA in a manner that is consistent with a judgment, decree or order (including a qualified medical child support order) resulting from a divorce, legal separation, annulment or change in legal custody ("Order") that requires either that coverage be provided for the Participant's child under the Employer's health plan or that another individual provide health coverage for the child. The Participant can only elect to add coverage for the child under the Employer's health plan if the child is a Dependent. The Participant can only elect to cancel coverage for the child under the Employer's health plan if the Order requires another individual to provide health coverage for the child and that coverage is actually provided. (b) The Participant may change his or her election for the Pre -Tax Premium Benefit, Premium Reimbursement Account and Medical FSA in a manner that is consistent with the Participant's, the Participant's spouse's, or the Participant's Dependent's gain or loss of entitlement to Medicare (Part A or Part B) or Medicaid, other than coverage under the program for distribution of pediatric vaccines. (c) If a Participant exercises special enrollment rights under Code section 9801 for Company -Sponsored Health Insurance Coverage, the Participant's Pre -Tax Premium contributions under this Plan will be changed automatically. (d) If group health plan coverage is lost under a state children's health insurance program under Title XXI of the Social Security Act ("SCHIPS"), a tribal plan, a state health benefits risk pool, or a foreign governmental plan, and the Participant or Eligible Employee enrolls individual(s) losing the coverage in Company -Sponsored Health Insurance Coverage or Other Health Insurance Coverage, the Pre -Tax Premium or Premium Reimbursement Account, as applicable, may be adjusted accordingly. (e) A Participant may change his or her election for the Pre -Tax Premium Benefit, Premium Reimbursement Account, Medical FSA, or Dependent Care FSA election when going on or returning from FMLA leave in a manner that is consistent with FMLA requirements and Plan Rules. (f) You may revoke your Pre -Tax Premium election for your employer- sponsored health coverage under the cafeteria plan if you purchased a 18 Qualified Health Plan through a competitive marketplace established under §1311 of the Patient Protection and Affordable Care Act, commonly referred to as an Exchange or a Health Insurance Marketplace (Marketplace). (g) You may revoke your Pre -Tax Premium election for your employer- sponsored health coverage under the cafeteria plan if your hours of service are reduced so that you are expected to average less than 30 hours of service per week but for whom the reduction does not affect the eligibility for coverage under your employer's group health plan. ARTICLE VI ADMINISTRATION OF PLAN 6.1. Administrator, Named Fiduciary The general administration of the Plan and the duty to carry out its provisions will be vested in the Company, which will be the "named fiduciary" of the Plan. The Company's Corporate Benefits Department will perform such administrative duties on behalf of the Company and may delegate all or any portion of such administrative duties to a named person and may from time to time revoke such authority and delegate it to another person. Each such delegation to a person who is not an employee of the Company will be in writing, and a copy will be furnished to the person to whom the duty is delegated. Such person will file a written acceptance with the Company's Corporate Benefits Department. Such person's duty will terminate upon withdrawal of such authority by the Company's Corporate Benefits Department or upon withdrawal of such acceptance by the person to whom the duty was delegated. Any such withdrawal will be in writing, and will be effective upon delivery of a copy to the person to whom the duty was delegated or to the Company's Corporate Benefits Department, as the case may be. Any delegation to an employee of the Company will terminate when such individual ceases to be an employee or upon its earlier revocation by the Company's Corporate Benefits Department. 6.2. Administrator's Compensation The Administrator, if an employee of the Company, will receive no compensation for services as Administrator but will be entitled to reimbursement by the Company for any amounts reasonably and necessarily expended in the performance of the Administrator's duties. 6.3. Administrator's Discretion (A) The Administrator has the sole, exclusive, absolute and complete discretionary power and authority with respect to administration of the Plan including, but not limited to, the discretionary power and authority to: (1) make all determinations (except those determinations which the Plan requires others to make) and to take all actions that the Administrator deems advisable for administration of the Plan, including entering into any contracts and administrative agreements; (2) construe, interpret, apply and enforce all Plan documents and to take or direct any course of action that the Administrator deems advisable to carry out the Plan's intent and purpose as determined by the Administrator; (3) decide all questions that arise that relate to the Plan and to make all factual determinations; (4) determine eligibility and coverage for participation and benefits; 20 (5) establish and change the contributions required to be made for coverage under the Plan; (6) determine whether an individual is entitled to benefits and to decide the type, amount, manner of allocation and distribution of all benefits determined by the Administrator to be due and payable under the Plan; (7) remedy all defects, ambiguities, inconsistencies, omissions, and mathematical or arithmetical errors, including erroneous account balances; and (8) make or require rules, regulations, policies, and procedures that the Administrator deems advisable for the administration of the Plan and to change or modify any such rules, regulations, policies or procedures at any time. (B) Benefits under the Plan will only be paid if the Administrator decides in its discretion that an applicant is entitled to them. 6.4. Professional Assistance The Administrator may retain such accounting, legal, clerical and other services as may reasonably be required in the administration of the Plan, and may pay reasonable compensation for such services. 6.5. Reliance on Others (A) To the extent permitted by applicable law, the Administrator, the Company, the Employers, the board of directors and the officers of the Company or any other Employer may rely upon all certificates and reports made by an officer of the Company, and upon all reports and opinions within the area of expertise of, and given by, accountants, legal counsel and other professionals retained by them; and, to such extent, such persons will be fully protected with respect to any action taken or suffered by them in good faith in reliance upon any such certificates, reports and opinions and all actions so taken or suffered will be conclusive upon each of them and upon all Participants. (B) The Administrator will be entitled to rely upon any data or information furnished by the Company, any other Employer, or by a Participant as to age, service and compensation of any person, and as to any other information pertinent to any calculation or determination to be made under the provisions of the Plan and, as a condition to payment of any benefit under the Plan, may request any Participant to furnish such information as the Administrator deems necessary or desirable in administering the Plan. 6.6. Indemnification The Participating Employers jointly and severally agree to indemnify and hold harmless, to the extent permitted by law, each director, officer, and employee of the Company and any Affiliated Organization against any and all liabilities, losses, costs and expenses (including legal fees) of 21 every kind and nature that may be imposed on, incurred by, or asserted against such person at any time by reason of such person's services in connection with the Plan, but only if such person did not act with gross negligence, intentional misconduct, in bad faith or in willful violation of the law or regulations under which such liability, loss, cost or expense arises. The Participating Employers will have the right, but not the obligation, to select counsel and control the defense and settlement of any action for which a person may be entitled to indemnification under this provision. 6.7. Reports to Participants Within a reasonable time after the end of each Plan Year and at such other times as the Administrator deems necessary or desirable, the Administrator will provide a report to each Participant of the status of his or her Account. 6.8. Claim Procedure The Claims and Appeal procedure is described in the Summary for each Option. 6.9. Fiscal Records The fiscal records of the Plan are maintained on a Plan Year basis. 22 ARTICLE VII MISCELLANEOUS 7.1. HIPAA Privacy and Security The HIPAA privacy and security rules are stated in Appendix A and only apply to the Premium Reimbursement Account and Medical FSA Benefit Options. 7.2. Governing Law Except to the extent that state law has been preempted by provisions the Code or any other laws of the United States, as amended from time to time, this Plan will be administered, construed and enforced according to the laws of the State of Minnesota. 7.3. Limitations on Actions Notwithstanding any statutory limitations period or conflict of law provision, no action with respect to any Benefit under this Plan may be brought more than six months following the final decision in any appeal brought pursuant to the claim and appeal procedures set forth in this Plan. 7.4. Number and Gender Wherever appropriate, the singular number may be read as the plural and the plural may be read as the singular and the feminine gender may be read as the masculine gender and the masculine gender may be read as the feminine gender. 7.5. Reference to an Officer of the Company Any reference to a specific officer of the Company means the person who, from time to time, holds such office or, in the event that the name or function of such office is changed, such officer of the Company who succeeds to the functions of such office. 7.6. No Employment Rights Nothing contained in this Plan shall be construed as a contract of initial or continued employment between any Employee and the Employer, as a limitation of the right of the Employer to discharge any Employee with or without cause, or as an assurance of any benefit not expressly set forth in this Plan. 7.7. Severability If any provision of this Plan is held to be illegal or invalid for any reason, that illegality or invalidity will not affect the remaining parts of this Plan. In such case, this Plan will be construed and enforced as if the illegal or invalid provision were not included in the Plan. 7.8. Withholding 23 Notwithstanding any contrary provision of this Plan, the Company or any other Employer may withhold from any payment charged against a Participant's Account such amounts as may be required under sections 3102 and 3402 of the Code or under a similar law of any state, but will not be liable for any loss or damage incurred by a Participant on account of the Company's or other Employer's failure to do so. 7.9. Non -Assignability of Benefits No benefit under the Plan will be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to so anticipate, alienate, sell, transfer, assign, pledge, encumber or charge the same will be void, and no such benefit will in any manner be liable for or subject to the debts, contracts, liabilities, engagements or torts of the person entitled to such benefit. 7.10. Disabled Participants If the Administrator determines that any person entitled to receive any payment under this Plan is physically, mentally or legally incapable of receiving or acknowledging receipt of such payment, and no legal representative has been appointed for such person, the Administrator, in its discretion, may (but will not be required to) cause any sum otherwise payable to such person to be paid to such one or more as may be chosen by the Administrator from the following: the institution maintaining the person or the person's spouse, children, parents or other relatives by blood or marriage. Any payment so made will be a complete discharge of all liability under the Plan with respect to such payment. 7.11. Death of Participant After the death of a Participant, benefits that would have been payable from the Participant's Account had the Participant survived will be paid to the Participant's spouse or dependents. If the Participant's spouse or dependents are eligible for and elect continuing coverage for Company -Sponsored Health Insurance, any amounts credited to the Pre -Tax Premium Account will be applied to reduce the cost of such continuing coverage. If no spouse or dependent is eligible to receive such payment, such payment will be made to the personal representative of the Participant's estate or to such other person whom the Administrator, in its sole discretion, determines to be legally entitled to such payment. Any payment so made will be a complete discharge of all liability under the Plan with respect to any such payment. 7.12. Satisfaction of Claims Any payment to or for the benefit of any Participant, legal representative or person chosen by the Administrator in accordance with the provisions of the Plan will, to the extent of such payment, be in full satisfaction of all claims against the Administrator and the Company, either of which may require the payee to execute a receipted release as a condition precedent to such payment. 24 7.13. Participant Tax Consequences (A) None of the Company, Plan Administrator, Claims Administrator and Employer makes any commitment, guarantee, warranty or other representation regarding a Participant's ability to exclude the benefits paid under this Plan from his or her gross income for federal, state or local income tax purposes. (B) If any benefits paid under this Plan are determined to be includable in income, the Participant has no recourse against the Company or Administrator and the Company and the Administrator accept no liability for any damages or losses, including penalties, suffered by the Participant. (C) It shall be the obligation of each Participant to determine whether each payment or other benefit under the Plan is excludable from the Participant's gross income for federal, state and local income tax purposes. Any Participant, by accepting the benefit under this Plan, agrees to be liable for any tax that may be imposed with respect to those benefits, plus interest and penalties. 7.14. Non -Discrimination Federal tax laws impose a variety of "nondiscrimination requirements" that must be satisfied before benefits provided under the Plan can be provided to employees on a tax-free basis. The non-discrimination requirements are generally intended to restrict the amount of nontaxable benefits available to certain employees of the Company who are officers, directors, "key employees" or "highly compensated." If the Company believes that the Plan may violate Code requirements prohibiting discrimination in favor of such employees with respect to eligibility, availability of benefits or utilization of benefits, it may limit the amount of pre-tax contributions that certain Participants can make, reduce benefits payable to certain Participants or take such other action as it deems advisable to avoid or eliminate such violation. 25 ARTICLE VIII ADOPTION, AMENDMENT AND TERMINATION 8.1. Adoption and Termination by Affiliated Organization (A) An Affiliated Organization may adopt this Plan and become an Employer in the manner prescribed by the Administrator. (B) An Affiliated Organization may terminate its participation in the Plan by providing written notice to the Administrator. 8.2. Amendment Procedure The Company reserves the right to amend the Plan at any time, to any extent that it may deem advisable, and without prior notice. Each amendment will be stated in a written instrument. The Plan will be deemed to have been amended as set forth in the instrument and all Participants and Employers will be bound by the amendment; provided, however, that no amendment will have any retroactive effect so as to deprive any Participant of any benefit already accrued by means of the occurrence of an event entitling the Participant to a payment under the Plan. 8.3. Termination Procedure The Company reserves the right to terminate the Plan at any time and without prior notice. Termination will occur by written instrument. 26 Appendix A: HIPAA Privacy and Security (1) HIPAA Privacy (a) Purpose: This section is intended to comply with the Standards for Privacy of Individually Identifiable Health Information, Title 45, Parts 160 and 164, Subparts A and E, of the Code of Federal Regulations, promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-91 ("Privacy Rule"). (b) Definitions: The following definitions will apply to the provisions in this Article: (a) "Health Information" is any information that: (i) is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and (ii) relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual. (b) "Health Care Operations" means the administration and operation of the Plan, including: (i) conducting quality assessment and improvement; (ii) accreditation, certification, licensing, or credentialing; (iii) underwriting, premium rating, and the placement of stop loss coverage; (iv) conducting or arranging for medical review, legal services, and auditing; (v) cost -management and planning related to operation and management of the Plan; (vi) management activities related to Privacy Rule compliance; A-1 (vii) resolution of grievances; and (viii) Plan activities resulting from sale, transfer, merger, or consolidation. (c) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-91. (d) "Individually Identifiable Health Information" is Health Information created or received by the Plan or the Employer that: (i) relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (ii) identifies the individual directly or reasonably could be used to identify the individual. (e) "Payment" includes activities undertaken to obtain contributions, determine or fulfill responsibility for coverage and benefits, or obtain or provide reimbursement for health care expenses; including, but not limited to: (i) determinations of eligibility for coverage; (ii) coordination of benefits; (iii) claims adjudication; (iv) subrogation; (v) claims management; (vi) collection activities; (vii) obtaining payment under a stop loss contract; (viii) medical necessity reviews; (ix) utilization review activities, including pre -authorization, pre- certification, concurrent and retrospective reviews; (x) disclosure of certain information to consumer reporting agencies to collect premiums or reimbursement. (f) (g) "Plan Administration Functions" are administration functions performed by the Administrator on behalf of the Plan, including Payment and Health Care Operations activities. "Plan Sponsor" refers to the Company acting as Plan Sponsor as defined in at section 3(16)(B) of ERISA, codified as 29 U.S.C. 1002(16)(B), (h) "Privacy Rule" refers to the privacy regulations promulgated by the Department of Health and Human Services pursuant to HIPAA. The regulations are codified at 45 C.F.R. Part 164. (i) "Protected Health Information" or "PHI" is Individually Identifiable Health Information that is transmitted or maintained in any form or medium by the Plan. (c) Uses and Disclosures of Protected Health Information. Unless the subject individual authorizes a use or disclosure of PHI, the following restrictions will apply. (a) The Company may use PHI for Plan Administration Functions. The Company is currently involved with the following Plan administration activities: eligibility/enrollment, premium payment, Plan interpretation, receipt of Plan service provider reports, responding to Employee complaints and handling COBRA and Health Care Reimbursement Account administration in house. The Company may disclose PHI as permitted or required by the Privacy Rule or the privacy policies and procedures of the Plan. (b) The Company will not use or further disclose PHI other than as permitted or required by the Plan Documents or as required by law. (c) The Company will ensure that any agents, including a subcontractor, to whom it provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Plan Sponsor with respect to such information. (d) The Company will not use or disclose PHI for employment-related actions and decisions or in connection with any other Company benefit or employee benefit plan. (e) The Company will report to the Plan any use or disclosure of PHI that is inconsistent with the uses or disclosures provided for of which it becomes aware. (d) Certification Required to Disclose Protected Health Information to Company: The Plan will disclose PHI to the Company only upon receipt of a certification by the A-3 Plan Sponsor that the Plan Documents have been amended as required by the Privacy Rule. (e) Subject Individual Rights With Respect to PHI (f) (g) (a) The Company will make PHI available for access in accordance with the Privacy Rule section 164.524; (b) The Company will make PHI available for amendment and incorporate any amendments to PHI in accordance with Privacy Rule section 164.526; and (c) The Company will make PHI available required to make an accounting of disclosures required by Privacy Rule section 164.528. Provide Information to the Department of Health and Human Services. The Company will make its internal practices, books, and records relating to the use and disclosure of Protected Health Information received from the Plan available to the Secretary of the Department of Health and Human Services for purposes of determining compliance by the Plan with the Privacy Rule. No Longer Needed PHI. When any PHI received from the Plan ceases to be needed for the purpose for which it was disclosed, the Company will return or destroy such information maintained in any form and retain no copies of such information, except that, if return or destruction is not feasible, the Company will limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. (h) Adequate Separation between Plan and Company (a) The Company will provide adequate separation between the Plan and the Company in its capacity as other than the Administrator. (b) The Company designates the following employees, classes of employees, or persons to use and disclose PHI on behalf of the Plan for purposes of Plan Administration Functions: Human Resources. (c) Access to and use of PHI by the employees and other persons described in subsection (2) will be limited to the Plan Administration Functions that the Company performs for the Plan. (d) Those persons described in subsection (2) who fails to comply with the Privacy Rule or the Privacy Policies and Procedures of the Plan may be subject to disciplinary action up to and including termination. A-4 (2) HIPAA Security (a) Purpose. This article is intended to comply with the Standards for Security Standards for the Protection of Electronic Protected Health Information, Title 45, Parts 160 and 164, Subpart C, of the Code of Federal Regulations, promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-91. (b) Definitions. The following definitions will apply to the provisions in this Article (a) "Availability" means the property that data or information is accessible and useable upon demand by an authorized person. (b) "Confidentiality" means the property that data or information is not made available or disclosed to unauthorized persons or processes. (c) "Electronic Media" means (1) storage in memory devices in computers or any removable/transportable digital memory medium, such as magnetic tape or disk, optical disk or digital memory card; and (2) transmission media used to exchange information already in electronic storage media, including, for example, the internet, extranet, leased lines, dial-up lines, private networks and physical movement of removable/transportable electronic storage media. (d) "Electronic Protected Health Information" or "e -PHI" means Protected Health Information that is transmitted by, or maintained in, Electronic Media. (e) "Integrity" means the property that data or information have not been altered or destroyed in an unauthorized manner. (f) "Security Incident" means the attempted or successful unauthorized access, use, disclosure, modification or destruction of e -PHI or interference with system operations in an information system containing e -PHI. (c) Administrative, Physical and Technical Safeguards. The Company will implement adequate administrative, physical and technical safeguards that will reasonably and appropriately protect the Confidentiality, Integrity and Availability of e -PHI that it creates, receives, maintains or transmits on behalf of the Plan. (d) Separation between Plan and Company: The Company will ensure that the adequate separation between the Plan and the Company in its capacity as other than the Administrator, as required by the "Adequate Separation of the Plan and Company" provision in the HIPAA Privacy Rule amendment to the Plan, is supported by reasonable and appropriate security measures. A-5 (e) Agents and Subcontractors. The Company will ensure that any agent, including a subcontractor, to whom it provides e -PHI received from the Plan agrees to implement reasonable and appropriate security measures to protect the e -PHI. (f) Security Incident Reports. The Company will report to the Plan any Security Incident of which it becomes aware that are not already know A-6 Sf11 Iwater Administration DATE: February 15, 2017 TO: Mayor and City Council FROM: J. Thomas McCarty, City Administrator Donna Robole, Human Resource Manager 1 SUBJECT: Local Government Pay Equity Compliance Report BACKGROUND: In February 2016, the City Council approved the 2015 Local Government Pay Equity Compliance Report, however the City was not in compliance with all provisions of the Pay Equity Act. Discussions took place with Minnesota Management and Budget Pay Equity Coordinator explaining that the City was undertaking a Classification/Compensation Study and requested an extension until July 2017 to bring the City into compliance with the Pay Equity Act. The request was approved and the City was advised to use 2016 data once the Classification Compensation study was completed. With the completion of the Classification Compensation study and acceptance of the job evaluation ratings for all positions, an internal staff analysis of the pay equity compliance report indicates that the City is now in compliance with Minnesota Pay Equity provisions. RECOMMENDATION: Approve the 2016 Local Government Pay Equity Compliance Report and authorize submittal to the Minnesota Management and Budget Pay Equity Coordinator. Compliance Report Jurisdiction: Stillwater Report Year: 2016 216 - 4th Street N. Case: 6 - 2016 December Resubmittal Pay Equity 1 (SI Stillwater MN 55082 Contact: J. Thomas (Tom) McCarty Phone: (651) 430-8800 E -Mail: tmccarty@ci.stillwater.mn.us The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity report data. Parts II, Ill and IV give you the test results. For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports. I. GENERAL JOB CLASS INFORMATION Male Female Balanced All Job Classes Classes Classes Classes # Job Classes 25 23 1 49 # Employees 50 34 12 96 Avg. Max Monthly 5,819.86 5,062.50 5,571.77 Pay per employee II. STATISTICAL ANALYSIS TEST A. Underpayment Ratio = 92.00 * Male Female Classes Classes a. # At or above Predicted Pay 14 12 b. # Below Predicted Pay c. TOTAL d. % Below Predicted Pay (b divided by c = d) 11 25 44.00 11 23 47.83 *(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.) B. T test Results Degrees of Freedom (DF) = 82 Value of T = 0.175 a. Avg. diff. in pay from predicted pay for male jobs = ($77) b. Avg. diff. in pay from predicted pay for female jobs = ($101) III. SALARY RANGE TEST = 105.03 (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 3.47 B. Avg. # of years to max salary for female jobs = 3.30 IV. EXCEPTIONAL SERVICE PAY TEST = 0.00 (Result is B divided by A) A. % of male classes receiving ESP 0.00 * B. % of female classes receiving ESP 0.00 *(If 20% or less, test result will be 0.00) Predicted Pay Report for Stillwater Case : 2016 December Resubmittal Pay Equity 1 2/17/2017 400 500 600 700 Points 800 900 1000 • Male Jobs ,moi Female Jobs • Balanced Jobs --- Line Continuation (Min) --- Line Continuation (Max) Predicted Pay Page 1 of 3 Stillwater Job Class Data Entry Verification List LGID 1311 Case: 2016 December Resubmittal Pay Equity Job Class Nbr Nbr Class Jobs Min Mo Max Mo Yrs to Max Yrs of Exceptional Nbr Title Males Females Type Points Salary Salary Salary Service Service Pay 56 Library Aide 0 2 F 318 $2,353.00 $2,859.00 3.00 0.00 51 Building Permit Tech 0 1 F 323 $4,009.00 $4,872.00 3.00 0.00 4 Library Assistant I 0 3 F 328 $3,076.00 $3,852.00 3.00 0.00 59 Secretary/Dispatcher I 0 1 F 331 $3,596.00 $4,496.00 3.00 0.00 54 Custodian I 0 1 F 368 $3,000.00 $3,762.00 3.00 0.00 8 Secretary 0 5 F 386 $3,552.00 $4,440.00 3.00 0.00 3 Community Service Officer 2 0 M 396 $3,131.00 $3,914.00 3.00 0.00 18 Engineering Tech III 1 0 M 425 $4,150.00 $5,188.00 3.00 0.00 46 Maintenance Wkr II 2 0 M 436 $3,946.00 $3,946.00 0.00 2.00 11 Sr. Account Clerk 0 1 F 441 $3,659.00 $4,574.00 3.00 0.00 48 Secretary/Dispatcher II 0 1 F 441 $3,698.00 $4,613.00 3.00 0.00 10 Payroll/HR Technician 0 1 F 461 $3,800.00 $4,750.00 3.00 0.00 5 Maintenance Wkr III 4 0 M 470 $4,504.00 $4,504.00 0.00 18.00 20 Building Inspector 1 0 M 470 $4,378.00 $5,473.00 3.00 0.00 52 Community Resource Offrc 0 1 F 470 $3,131.00 $3,914.00 3.00 0.00 12 Chief Mechanic 1 0 M 481 $4,823.00 $4,823.00 0.00 13.00 14 Library Associate 0 3 F 483 $3,693.00 $4,618.00 3.00 0.00 19 IS Technician 1 0 M 485 $4,215.00 $5,268.00 3.00 0.00 53 Library Assistant II 0 2 F 490 $3,255.00 $4,066.00 3.00 0.00 55 Custodian II 1 0 M 501 $3,305.00 $4,133.00 3.00 0.00 13 Maintenance Wkr IV 6 1 M 506 $4,558.00 $4,558.00 0.00 14.00 28 Building Official 0 1 F 520 $5,120.00 $6,399.00 3.00 0.00 50 Engineering Tech IV 1 0 M 525 $4,645.00 $5,805.00 3.00 0.00 17 Librarian I 0 1 F 530 $4,281.00 $5,350.00 3.00 0.00 16 Firefighter/Engineer 6 0 M 531 $4,747.00 $5,257.00 3.00 0.00 57 MIS Specialist 1 0 M 535 $5,167.00 $6,458.00 3.00 15 Lead Worker 3 0 M 556 $4,823.00 $4,823.00 0.00 14.00 31 Assistant Public Works Su 1 0 M 576 $6,354.00 $7,475.00 4.00 0.00 49 Asst. Finance Director 0 1 F 583 $5,297.00 $6,621.00 3.00 0.00 26 Investigator 2 0 M 585 $4,186.00 $6,193.00 3.00 0.00 22 Planner II 0 1 F 613 $4,708.00 $5,885.00 3.00 0.00 24 City Clerk 0 1 F 620 $5,520.00 $6,495.00 4.00 0.00 23 Patrol Officer 9 3 B 630 $4,186.00 $5,981.00 3.00 0.00 25 Fire Captain 3 0 M 650 $5,626.00 $5,626.00 0.00 18.00 43 Public Works Superintend( 1 0 M 651 $6,354.00 $7,475.00 4.00 0.00 30 Sergeant 5 0 M 660 $7,025.00 $7,025.00 0.00 30.00 45 Supervisory Librarian 0 2 F 660 $4,381.00 $5,455.00 4.00 0.00 29 Assistant Library Director 0 1 F 710 $5,672.00 $6,309.00 4.00 0.00 35 Police Captain 1 0 M 710 $6,967.00 $8,196.00 4.00 0.00 47 Information Systems Mane 0 1 F 713 $6,780.00 $7,977.00 4.00 58 Human Resources Managi 0 1 F 713 $6,359.00 $6,876.00 4.00 0.00 38 Finance Director 0 1 F 751 $7,700.00 $9,059.00 4.00 0.00 33 Deputy Fire Chief 1 0 M 761 $6,145.00 $7,229.00 4.00 0.00 39 City Engineer/Public Work: 1 0 M 786 $7,744.00 $9,111.00 4.00 0.00 36 Community Development I 1 0 M 793 $7,405.00 $8,712.00 4.00 0.00 34 Library Director 0 1 F 810 $7,037.00 $7,803.00 4.00 0.00 37 Fire Chief 1 0 M 846 $7,385.00 $8,689.00 4.00 0.00 40 Police Chief 1 0 M 866 $7,897.00 $9,291.00 4.00 0.00 41 City Administrator 1 0 M 950 $11,625.00 $11,625.00 0.00 1.00 Job Number Count: 49 1 Predicted Pay Report for Stillwater 2/17/2017 Case : 2016 December Resubmittal Pay Equity 1 Job Job Title Nbr Nbr Total Job Job Max Mo Predicted Pay Nbr Males Females Nbr Type Points Salary Pay Difference 56 Library Aide 0 2 2 Female 318 $2,859.00 $3,858.77 ($999.77) 51 Building Permit Tech 0 1 1 Female 323 $4,872.00 $3,880.36 $991.64 4 Library Assistant I 0 3 3 Female 328 $3,852.00 $3,901.95 ($49.95) 59 Secretary/Dispatcher I 0 1 1 Female 331 $4,496.00 $3,914.93 $581.07 54 Custodian I 0 1 1 Female 368 $3,762.00 $4,074.93 ($312.93) 8 Secretary 0 5 5 Female 386 $4,440.00 $4,152.68 $287.32 3 Community Service Officer 2 0 2 Male 396 $3,914.00 $4,195.99 ($281.99) 18 Engineering Tech III 1 0 1 Male 425 $5,188.00 $4,268.73 $919.27 46 Maintenance Wkr II 2 0 2 Male 436 $3,946.00 $4,386.41 ($440.41) 11 Sr. Account Clerk 0 1 1 Female 441 $4,574.00 $4,410.88 $163.12 48 Secretary/Dispatcher II 0 1 1 Female 441 $4,613.00 $4,410.88 $202.12 10 Payroll/HR Technician 0 1 1 Female 461 $4,750.00 $4,584.09 $165.91 5 Maintenance Wkr III 4 0 4 Male 470 $4,504.00 $4,615.46 ($111.46) 20 Building Inspector 1 0 1 Male 470 $5,473.00 $4,615.46 $857.54 52 Community Resource Officer 0 1 1 Female 470 $3,914.00 $4,615.46 ($701.46) 12 Chief Mechanic 1 0 1 Male 481 $4,823.00 $4,720.28 $102.72 14 Library Associate 0 3 3 Female 483 $4,618.00 $4,739.27 ($121.27) 19 IS Technician 1 0 1 Male 485 $5,268.00 $4,758.26 $509.74 53 Library Assistant II 0 2 2 Female 490 $4,066.00 $4,734.24 ($668.24) 55 Custodian II 1 0 1 Male 501 $4,133.00 $4,852.45 ($719.45) 13 Maintenance Wkr IV 6 1 7 Male 506 $4,558.00 $4,887.44 ($329.44) 28 Building Official 0 1 1 Female 520 $6,399.00 $5,102.80 $1,296.20 50 Engineering Tech IV 1 0 1 Male 525 $5,805.00 $5,192.16 $612.84 17 Librarian I 0 1 1 Female 530 $5,350.00 $5,260.55 $89.45 16 Firefighter/Engineer 6 0 6 Male 531 $5,257.00 $5,274.40 ($17.40) 57 MIS Specialist 1 0 1 Male 535 $6,458.00 $5,302.95 $1,155.05 15 Lead Worker 3 0 3 Male 556 $4,823.00 $5,712.99 ($889.99) 31 Assistant Public Works Supt. 1 0 1 Male 576 $7,475.00 $6,035.57 $1,439.43 49 Asst. Finance Director 0 1 1 Female 583 $6,621.00 $6,146.07 $474.93 26 Investigator 2 0 2 Male 585 $6,193.00 $6,177.43 $15.57 22 Planner II 0 1 1 Female 613 $5,885.00 $6,152.01 ($267.01) 24 City Clerk 0 1 1 Female 620 $6,495.00 $6,357.53 $137.47 23 Patrol Officer 9 3 12 Balanced 630 $5,981.00 $6,425.60 ($444.60) 25 Fire Captain 3 0 3 Male 650 $5,626.00 $6,718.18 ($1,092.18) 43 Public Works Superintendent 1 0 1 Male 651 $7,475.00 $6,788.99 $686.01 Page 2 of 3 Predicted Pay Report for Stillwater 2/17/2017 Case : 2016 December Resubmittal Pay Equity 1 Job Job Title Nbr Nbr Total Job Job Max Mo Predicted Pay Nbr Males Females Nbr Type Points Salary Pay Difference 30 Sergeant 5 0 5 Male 660 $7,025.00 $6,850.43 $174.57 45 Supervisory Librarian 0 2 2 Female 660 $5,455.00 $6,850.43 ($1,395.43) 29 Assistant Library Director 0 1 1 Female 710 $6,309.00 $7,468.87 ($1,159.87) 35 Police Captain 1 0 1 Male 710 $8,196.00 $7,468.87 $727.13 47 Information Systems Manager 0 1 1 Female 713 $7,977.00 $7,515.85 $461.15 58 Human Resources Manager 0 1 1 Female 713 $6,876.00 $7,515.85 ($639.85) 38 Finance Director 0 1 1 Female 751 $9,059.00 $7,905.07 $1,153.93 33 Deputy Fire Chief 1 0 1 Male 761 $7,229.00 $8,035.61 ($806.61) 39 City Engineer/Public Works Dir 1 0 1 Male 786 $9,111.00 $8,476.54 $634.46 36 Community Development Dir 1 0 1 Male 793 $8,712.00 $8,532.63 $179.37 34 Library Director 0 1 1 Female 810 $7,803.00 $8,669.16 ($866.16) 37 Fire Chief 1 0 1 Male 846 $8,689.00 $9,418.51 ($729.51) 40 Police Chief 1 0 1 Male 866 $9,291.00 $9,711.89 ($420.89) 41 City Administrator 1 0 1 Male 950 $11,625.00 $11,277.62 $347.38 Job Number Count: 49 Page 3 of 3 RESOLUTION 2017-037 APPROVING THE JOB EVALUATION POINTS REVIEW PROPOSAL, ADDENDUM NO. 1 AND INCORPORATING TO THE FLAHERTY'HOOD CLASSIFICATION/COMPENSATION CONTRACT WHEREAS, the City of Stillwater entered into a contract with Flaherty' Hood for a Classification/Compensation Study on April 19, 2016; and WHEREAS, the City Council accept the following recommendations by Flaherty' Hood at their February 7, 2017 meeting: 1. The proposed Position Classification Changes, included proposed job title changes and FLSA exemption proposed change as contained in the document titled Position Classification Change; 2. Proposed Flaherty & Hood Job Evaluation system as contained in the document titled Flaherty & Hood Job Evaluation System Summary; 3. Proposed job evaluation ratings for all positions as contained in the document titled City of Stillwater Proposed Job Evaluation Points. with further on-site review of all Library positions within 45 days by Flaherty & Hood; 4. Proposed 11 -step Overall Pay Grade System as contained in the document titled Base Pay Structure (Annual) 12-31-2016; 5. Proposed job evaluation rating appeal process as contained in the document titled Job Evaluation Points Appeal Process; and WHEREAS, the City Council added to Item No. 3 the language of "with further on-site review of all Library positions within 45 days by Flaherty/Hood" and directed the City Administrator to acquire a proposal from Flaherty' Hood; and WHEREAS, the proposal for Job Evaluation Point Review for all Library positions was reviewed by the City Council at their February 21, 2017 meeting. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the following, as on file with the City Clerk, are hereby approved: 1. Flaherty' Hood Proposal for the Job Evaluation Points Review of the positions at the Stillwater Public Library. 2. Addendum No. 1 and proposal is hereby incorporated into the Flaherty' Hood Classification/Compensation Contract dated June 7, 2017 and there are no other changes to the rest of the Contract. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign Addendum No. 1 on the City's behalf. Adopted by the Stillwater City Council this 21st day of February, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk ADDENDUM NO. 1 The City of Stillwater ("City"), and Flaherty Hood, P.A. ("Contractor"), are parties to a contract dated June 7th, 2016 ("Original Contract") made for the purpose of the Contractor performing a Classification and Compensation Study of the City workforce, to be completed according to a City Request for Proposals dated March 10, 2016. The Original Contract is restated in this Addendum as if fully set forth verbatim. The Original Contract has been fully and satisfactorily performed by the Contractor and the City requested the Contractor to submit a proposal for performing additional services consisting of a Job Evaluation Points Review of certain City positions, and that proposal is attached to this Addendum as Exhibit 1. The purpose of this Addendum is to accept this proposal and retain the Contractor for this additional work. The parties therefore agree that the terms of the Original Contract and all of the Contact Documents referenced in the Original Contact in section 6. a. through f. will remain in full force and effect, except as modified by the Addendum. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this 21st day of February, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this 21st day of February, 2016, before me, a Notary Public within and for said County, appeared Ted Kozlowski, and Diane Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. Notary Public CONTRACTOR FLAHERTY HOOD P.A. By Brandon M. Fitzsimmons Shareholder Attorney STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of February, 2017, by Brandon Fitzsimmons, the Shareholder Attorney, the duly authorized officers of the Flaherty Hood, P.A. This Instrument Drafted By: David T. Magnuson (#66400) Magnuson Law Firm 324 Main Street South, Suite #260 Stillwater, MN 55082 651-439-9464 - main 651-439-5641 — fax -2- Notary Public F FLAHERTY HOOD PA. PROPOSAL FOR JOB EVALUATION POINTS REVIEW To: J. Thomas McCarty, City Administrator, City of Stillwater From: Carol L. Loncar, Human Resources Project Manager Brandon M. Fitzsimmons, Shareholder Attorney Date: February 14, 2017 Re: Proposal for Job Evaluation Points Review Flaherty & Hood, P.A. hereby submits this proposal to conduct a review of job evaluation points for City of Stillwater (City) Public Library positions as requested by the City in its letter to us of February 13, 2017 (Job Evaluation Points Review). Flaherty & Hood, P.A.'s Job Evaluation Points Review for the City will include the following services and total cost: Services Estimated Deadline to Complete • Review o Completed Job Analysis Questionnaires (JAQ) o Documentation related to job points o Market data o Flaherty & Hood Job Evaluation System, legal, and best practices definitions for specific components of JAQ that may need further explanation February 28, 2017 • • Conduct on-site interviews with and direct observation of work activities of all employees in each position, but no more than three in a positon (i.e., 17 employees), addressing the skill, effort, responsibility and working conditions required for each employee's position o Interview and observation for any employee separating from employment will be completed before their separation date Draft notes of each interview March 10, 2017 • Report o Draft report describing review findings and recommendations, including any modifications to job evaluation points March 22, 2017 • Phone calls The services described above can be provided by Flaherty & Hood, P.A. for a total cost of $3,250, which includes time performing the services, travel, and expenses. If you have any questions related to this proposal or would like to discuss the proposed scope of services, please contact us at your convenience at (651) 225-8840. Thank you for your consideration and the opportunity to submit this proposal. Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 2/14/2017 Subject: New On -sale & Sunday Liquor License DISCUSSION: An application for a new On -sale Sunday liquor license has been received from 3rd Street Post LLC; DBA 3rd Street Post. The proposed license premises is at 101 3rd Street South (the American Legion #48). The Legion held a "Club" On -sale & Sunday liquor license therefore the existing license cannot be transferred. RECOMMENDATION: Staff recommend approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Department of Health, and Minnesota Alcohol Gambling Enforcement Division (AGED). It should be noted that AGED approval is the last approval required before the actual license is issued by staff to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled "Approving issuance of a new On -sale and Sunday Liquor Licenses to 3rd Street Post LLC; DBA: 3rd Street Post (formerly the American Legion #48)", contingent upon the satisfactory investigation, inspections, and approvals from the Washington County Health Department, Police, Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement Division. RESOLUTION 2017-038 APPROVING ISSUANCE OF A NEW ON -SALE AND SUNDAY LIQUOR LICENSES TO 3RD STREET POST LLC; DBA: 3RD STREET POST (FORMERLY THE AMERICAN LEGION #48) WHEREAS, a request has been received from Edward Schmidt, 3rd Street Post LLC, DBA: 3rd Street Post, for the issuance of a new On -sale and Sunday liquor license for the American Legion #48 building located at 101 3rd Street S; and WHEREAS, approval is contingent upon fulfilling all requirements to hold an On -sale and Sunday liquor license, the satisfactory investigation, inspections, and approvals from the Washington County Department of Health, Stillwater Police, Fire, Building, Finance Departments, and Minnesota Alcohol & Gambling Enforcement Division. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new On -sale and Sunday Liquor Licenses to 3rd Street Post, 101 3rd Street S, Stillwater, MN 55082. Adopted by Council this 17th day of February, 2017. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: February 15, 2017 Subject: North Mulberry Parking Lot Improvement (Project 2012-06C) Acceptance of Work and Final Payment DISCUSSION The contractor, Miller Excavating, has submitted their application for payment and required information to allow for final payment. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to Miller Excavation, Inc. in the amount of $7888.17 ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2017-, ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR NORTH MULBERRY PARKING LOTIMPROVEMENT (Project 2012-06C) RESOLUTION 2017-039 ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR NORTH MULBERRY PARKING LOT IMPROVEMENT (PROJECT 2012-06C) WHEREAS, pursuant to a written contract signed between the City and Miller Excavating for construction of the Mulberry Street Parking Lot Improvement Project (Project 2012-06C) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $7888.17 on such contract, taking Miller Excavating, Inc. receipt in full. Attest: Adopted by the Council, this 21st day of February, 2017. Diane F. Ward, City Clerk Ted Kozlowski, Mayor MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: February 9, 2017 RE: 2017 Development Fee Rate Increase DISCUSSION Recently, council approved the 2017 fee schedule for the City of Stillwater. The development fees were not included in this approval since the index for computing the increase had not published for the year. The index increase for 2017 is 3.5%. Below is the list of fees with the adjusted increase. 2015 2016 AUAR (STORM SEWER) Single Family $5712/acre $5,912/acre Multi-family/Commercial $11423/acre $11,822/acre TRANSPORTATION ADEQUACY FUND North $7427/acre $7,687/acre Middle $7815acre $8,120/acre South Commercial $23150/acre $23,960/acre Residential $6613/acre $6,844/acre TRUNK SEWER AND WATER Phase III Annexation $16649/acre $17,231/acre Long Lake East $9357/acre $9,684/acre Long Lake West $14,110/acre $14,604/acre Middle Trunk A (Water)$59'l7/acre $6,155/acre Boutwell East $13,235/acre $13,698/acre Boutwell West $10,249/acre $10,608/acre SEWER & WATER HOOKUP Sanitary Sewer $4029 $4170 Water $4029 $4170 RECOMMENDATION It is recommended that Council approve the annexation development fees for 2017. ACTION REQUIRED If council concurs with the recommendation, they should pass a motion adopting a resolution entitled "Approving 2017 Development Free Rates" for annexation development fee. RESOLUTION 2017-040 APPROVING 2017 DEVELOPMENT FEE RATES WHEREAS, Council approved the 2017 fee schedule for the City of Stillwater on January 17, 2017 and the development fees were not included in this approval since the index for computing the increase had not published for the year; and WHEREAS, the index increase for 2017 is 3.5%. BE IT RESOLVED, by the City Council of Stillwater, MN that the 2017 Development Fee Rates listed below are hereby reviewed and approved, effective January 1, 2017, and shall be included in the 2017 Fee Schedule. AUAR (STORM SEWER) Single Family Multi-family/Commercial TRANSPORTATION ADEQUACY FUND North Middle South Commercial Residential TRUNK SEWER AND WATER Phase III Annexation Long Lake East Long Lake West Middle Trunk A (Water) Boutwell East Boutwell West SEWER & WATER HOOKUP Sanitary Sewer Water Adopted by the Stillwater City Council this ATTEST: Diane F. Ward, City Clerk $5,912/acre $11,822/acre $7,687/acre $8,120/acre $23,960/acre $6,844/acre $17,231/acre $9,684/acre $14,604/acre $6,155/acre $13,698/acre $10,608/acre $4,170 $4,170 21st day of February, 2017. Ted Kozlowski, Mayor i 1 Iwater Administration TO: Mayor & Council FROM: City Administrator McCarty SUBJECT: St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement DATE: February 14, 2017 The annual management agreement for the Recreation Center and Lily Lake Arena is up for renewal. This is an annual agreement due to IRS "Safe Harbor Rules" The facilities have been very well managed by St. Croix Caterers, Inc. since 1998 and the management fee ($35,000 per year) has not risen since the beginning. All employees of the facility are employees of St. Croix Caterers and Doug Brady, the manager, does an excellent job of keeping both facilities full and satisfying the needs of the various groups that want ice time, etc. RECOMMENDATION Renew the contract at the annual rate of $35,000. ACTION REQUIRED If Council wishes to implement the staff recommendation, they should pass a motion adopting a resolution entitled "Approval of the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement with St. Croix Caterers, Inc." RESOLUTION 2017-041 APPROVAL OF THE ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT WITH ST. CROIX CATERERS, INC." NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the agreement between the City of Stillwater and St. Croix Catering, Inc. for Management of the St. Croix Sports Complex and Lily Lake Ice Arena is hereby approved and the Mayor and City Clerk are authorized to sign said agreement. Adopted by Council this 17th day of February 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT This Management Agreement ("Agreement") is made this day of 2017 between the CITY OF STILLWATER, a Minnesota Municipal Corporation (the "City"), and HOME RULE CITY OF THE THIRD CLASS with offices at 216 N. 4th Street, Stillwater, MN 55082, and ST. CROIX CATERERS, INC., a Minnesota Corporation, with offices at 301 S. Second Street, Stillwater, MN 55082 ("St. Croix"). WITNESSETH The City is the owner of Lily Lake Ice Arena ("Lily Lake") and the St. Croix Recreation Center, 1675 Market Drive, Stillwater, Minnesota, which features two (2) indoor ice rinks, one (1) outdoor ice rink and a multipurpose domed field house (collectively, the "Facilities"). St. Croix is in the business of managing and marketing ice rinks and sports and entertainment facilities. St. Croix has the knowledge and expertise to manage and market the Facilities. NOW, THEREFORE, in consideration of mutual promises and other consideration the parties agree as follows: ARTICLE I OPERATING CONDITIONS Section 1. Term. Commencing January 1, 2017 and continuing until December 31, 2017, St. Croix will provide the City with the services set forth in this Article. Notwithstanding the foregoing, the City will have a right to terminate this Agreement, for its convenience, upon not less than sixty (60) days prior written notice to St. Croix. In this event the City must pay to St. Croix all amounts owing to St. Croix and accrued through the date of termination, it being understood that the purpose of this termination right is to comply with so-called "safe harbor" guidelines for management contracts under Section 1301(e) of the Tax Reform Act of 1986. Section 2. Responsibilities. 2.01 St. Croix's Responsibilities: a. Marketing and Promotion. St. Croix must perform all marketing activities, which will be undertaken to maximize the use of the Facilities by all persons, provide maximum revenue, as defined in Paragraph 2.01(n) below. St. Croix will conduct a promotional campaign for the Facilities in accordance with a plan for promotion, which must be prepared and submitted, to the City for approval within forty-five (45) days after the date of the agreement. b. Scheduling. St. Croix must develop and maintain all schedules for events held at the Facility and scheduling must be accomplished in accordance with a rate schedule and facility use policy established by City policy, applicable law, and in a manner to maximize the use of the Facilities so as to provide maximum Revenue, for the City. c. Concessions. St. Croix will provide concession services at the Facilities for the sale, through manual service, vending machines and other methods (collectively, "Concessions"). d. Maintenance. St. Croix must perform all minor maintenance of the Facilities; provided that the responsibilities are limited to ordinary and routine maintenance. e. Custodial and Cleaning Services. St. Croix must provide all routine cleaning and janitorial services at the Facilities. f. Pest Control. St. Croix must perform all necessary pest control services, whether performed by St. Croix or a pest control service engaged by St. Croix. Snow Removal. St. Croix must perform all snow removal services on the pathways and sidewalks adjacent to the Facilities. h. Trash Removal. St. Croix is responsible for removal of all trash from the Facilities and agrees that it will not permit any employee, to place refuse outside the buildings on the Facility, except in designated Dumpsters, the location of which must be approved by the city. i. Operational Services. St. Croix will direct all services required to stage (set up and take down) the Facilities for each event including, but not limited to, loading in and loading out the ice rink, dasher boards, the soccer floor and other sports event setups. St. Croix must hire and manage all management staff, ticket sales personnel, ushers and other personnel required for the operation of the Facility, including, but not limited to, ticket taking, program distribution and assistance to patrons general, including the handicapped. Ticket Sales. St. Croix must perform all aspects of ticket sales for events and activities including computerized tickets. Ticket sales services will include ordering, selling and accounting for tickets, reporting ticket revenues for a given event for each user of the Facility, cash and credit card processing, complete auditing and accounting for each event. k. Security. St. Croix must arrange for proper security for events at the Facility and for general security when events are not in progress. The security may be provided by St. Croix or by contract, in its discretion. St. Croix must review exterior crowd management and traffic control with the Stillwater Police. I. Licenses and Permits. St. Croix must obtain and maintain, on behalf of the City, all licenses and permits necessary for management and operation of the Facilities. g. J. m. Separate Fund Established. On or before the effective date of this Agreement, the City will establish separate funds, separate from any other City funds which will be the exclusive use of all receipts and disbursements related to this Agreement ("Sports Facilities Fund"). n. Collection of Revenues. St. Croix will be responsible for the collection of all revenue. "Revenue" is defined as the total amount received by St. Croix or any other person or entity operating on St. Croix's behalf from third parties, directly or indirectly arising out, or the connected with and on behalf of the facility, including without limitation rental fees, use fees, concession sales, transactions for cash, less applicable taxes and except for contributions, interest earnings or other Revenues that may be collected by the City from time to time. All Revenues generated by the use of the Facilities and collected by St. Croix will be deposited by St. Croix in a designated depository within twenty-four (24) hours of receipt. The City will also deposit any Revenues it may collect from time to time related to the Facilities in the appropriate depository. The City is authorized at any time to obtain information and records from St. Croix concerning proof of payment and verify and inspect any records. o. Disbursements. The City will make disbursements from the Sports Facilities Fund to pay budgeted operating expenses. Any authorized expense incurred by the City or by St. Croix must be disbursed by the City from the Fund. St. Croix must use a purchasing system approved by the City and similar to the purchasing system established for other City funds. p. Meetings. St. Croix must, upon ten (10) days written notice, attend meetings held by the City of Stillwater Parks and Recreation Commission for the purpose of providing reports on the operations of the Facilities and/or to discuss issues or problems concerning the operations of the Facilities. Attendance at meetings held by the City Council will also be required, upon ten (10) days written notice, for discussion of issues or problems that may require such meetings. 2.02. City's Responsibilities: a. Operating Hours. Determine the operating hours and rate schedule of the Facilities and its various components in consultation with St. Croix. b. Trash Removal. Haul trash from the site, provided trash is placed in dumpsters provided by the City. c. Snow Removal. Plow snow from parking lot areas to be used by visitors to the Facilities and St. Croix staff. d. Maintenance. Maintain all outdoor areas of the Facilities unless specifically listed as a St. Croix responsibility. e. Marketing. Assist St. Croix when possible in its promotion and marketing efforts. f. Fee Approval. Approve all fees to be charged by St. Croix, including "mark-up" for resale items such as sports equipment and food and beverages. g. Bond Payments. Make all debt service payments in connection with the Tax exempt Revenue Bonds used to construct the project and all related accounting and legal services associated with this bond issuance. It is understood that the debt service payments are to be made from Revenues generated by the Facilities, to the extent available. h. Budget. Approve and/or amend the annual budget and work program as specified in Section 3.01. Section 3. Budget and Revenue Reports. 3.01 The City, in consultation with St. Croix, will develop an estimated Revenue and Expense Budget for the period beginning January 1, 2017 and ending December 31, 2017. The budget will be used as a tool for the effective management of the Facilities and for evaluating the results of operations. The City and St. Croix will use their best efforts to ensure the effective management of Revenues and expenses related to the Facilities. 3.02 The proposed budget must be reviewed by St. Croix within thirty (30) days after submission. Upon approval by St. Croix, which approval will not be unreasonably withheld, the proposed annual budget will become the final budget for the period until December 31, 2017. 3.03 St. Croix and the City may revise the Budget at any time by mutual written agreement. 3.04 Within fifteen (15) days after the end of each calendar month and within forty-five (45) days after the end of the Contract Year, St. Croix must deliver to the City a true and correct statement certified as true and correct by an officer of St. Croix, of all Revenues of the preceding calendar month and Contract Year, as the case may be, together with any reasonable supporting documentation requested by the City. 3.05 St. Croix must deliver to the City on a daily basis a copy of the deposit made for that day and a revenue report by type of Revenue, including dollar amount and purchaser that reconciles to the daily deposit. Revenue reports for Saturday and Sunday deposits will be delivered to the City on the next business day. Section 4. The Management Fee, Additional Fees. 4.01 St. Croix will be paid a fee equal to five percent (5%) of the gross revenues ("Management Fee"), not to exceed a total fee of thirty-five thousand and no/100 dollars ($35,000.00) for providing management services. The fee will be paid as follows: The fees will be paid at the rate of two thousand nine hundred sixteen and no/100 dollars ($2,916.00) per month thereafter to the end of the Agreement. The final payment will be adjusted, if necessary, so that the total fees do not exceed the lessor of five percent (5%) of the gross revenues or thirty-five thousand and no/100 dollars ($35,000.00). If after the adjustment the fees paid to St. Croix exceed five percent (5%) of the gross revenues or thirty-five thousand and no/100 dollars ($35,000.00), St. Croix must rebate to the City the amount overpaid. St. Croix will pay any rebate due to the City no later than thirty (30) days after the expiration of this Agreement. In the event of underpayment, any amount due to St. Croix will be paid no later than thirty (30) days after the expiration of this agreement. 4.02 The Management Fee is based upon an evaluation of the responsibilities of each party under existing circumstances. In the event of a substantial change in responsibilities based upon changed circumstances, the parties agree to meet and confer with regard to a modification of the Management Fee that is commensurate with the changed responsibilities. Section 5. Payment of Management Fees Personal Services & Operating Expenses. 5.01 From the Sports Facility Fund, the City will pay the Management Fee on the first business day of each month for the preceding month and will pay the Personal Services Expenses, as defined in attached Exhibit B as developed pursuant to Paragraph 3.01 above, as they are incurred in the ordinary course of business and within twenty (20) days after receipt of a Personal Service Expense invoice from St. Croix. Those portions of the Operating Expenses that will remain the responsibility of the City and will be paid directly by the City are defined on Exhibit C as developed pursuant to Paragraph 3.01 above. 5.02 In the event that the Sports Facility Fund is insufficient to cover the Operating Expenses and the Management Fee due and payable during a month, the Deficiency will be paid by the City. 5.03 Representatives of St. Croix's management and the City must meet not later than the twentieth (20th) day of each calendar month to review revenues and operating expenses for the prior calendar month. ARTICLE II CONCESSIONS Section 6. Operations. 6.01 St. Croix will cause the Concessions to be operated and conducted so that all persons who patronize the Facility will always be promptly and satisfactorily served. All foods and beverages sold must always be of the highest standard of quality and purity, must be stored and handled at all times consistent with excellent standards of sanitation, preservation and purity, must always be well prepared and satisfactorily served and must always conform to the requirements of all applicable federal, state and municipal laws, statutes, ordinances and regulation. No imitation, adulterated or misbranded commodities may be stored, displayed or sold by St. Croix or any employees or contractors. 6.02 The City and St. Croix acknowledge that it is not always feasible to operate all the Concessions on a daily basis. Periodically, the City and St. Croix will confer in an effort to agree upon the nature and scope of operation, which is consistent with their respective interests. St. Croix will provide reasonable and adequate service consistent with the activities at the location for each event. 6.03 The City reserves the right to contract with others to provide all or part of the concessions, and before doing so the City will meet and confer with St. Croix with regard to the nature and scope of the contract in an effort to insure that the contract is consistent with their respective interests. Section 7. Capital Improvements Equipment Repair and Maintenance. 7.01 It may be desirable to consider additional capital improvements ("Additional Capital Improvements") and the purchase of additional equipment ("Additional Equipment") for the Premises. At any time St. Croix or the City may request a meeting to confer to consider the advisability of any Additional Capital Improvements and Additional Equipment. No purchases of Additional Capital Improvements or Additional Equipment may be undertaken without the prior written agreement of the City. 7.02 St. Croix must maintain and repair the Equipment, the Additional Equipment, and replacements thereof, the Additional Capital Improvements and replacements thereof in accordance with the Budget and all manufacturers' warranty and preventive maintenance requirements, and the cost thereof. 7.03 The City, at its expense and not as an Operating Expense, must replace all Equipment, Additional Equipment, Additional Capital Improvements, and replacements, using prudent business judgment giving due effect to the nature, age, obsolescence and imminent obsolescence of such assets. 7.04 St. Croix will be responsible for the ordinary housekeeping and cleaning of the Facility and the Equipment, Additional Equipment and Additional Capital Improvements. ARTICLE III GENERAL TERMS AND CONDITIONS Section 8. Representation of the City. The City represents and warrants to St. Croix as an inducement to St. Croix entering into this Agreement, that it is the City's intent that the Facility will be permitted to be open to the paying public in a manner consistent with industry practices. Section 9. Standard of Operation. St. Croix represents and warrants to the City that it will maintain an efficient and high quality operation at the Facility comparable to other locations containing facilities similar to those of the Facilities. Section 10. Accounting Records. Reports and Practices. 10.01 St. Croix must maintain accounting records relating to the Facilities using accounting practices in accordance with generally accepted accounting principles consistently applied. 10.02 St. Croix must establish internal financial control policies and practices which are in accordance with generally accepted standards in the industry and reasonably acceptable to the City. 10.03 The City will have unlimited access to all accounting records and supporting documentation of St. Croix relating to the Facility during the term of this Agreement and for a period of three (3) years thereafter. The right to access will be exercised in a reasonable manner. Section 11. Default. Right to Cure. Consent to Jurisdiction and Waiver of Jury Trial. 11.01 It will be an event of default ("Event of Default") hereunder if either party hereto fails to pay or deposit sums due by one party to the other within seven (7) days after written notice by the other of such failure, or a. Fails to perform or comply with any other obligation of such party hereunder within thirty (30) days after written notice by the other of such failure (which notice will specify, in sufficient detail, the specific circumstances so as to give the defaulting party adequate notice and the opportunity to cure the same); provided however, that if the default is of a nature that it cannot be cured within thirty (30) days, then the defaulting party will not be deemed in default hereunder if it commences to cure the default within ten (10) days after the effective date of the notice of such default and diligently process to cure such default within ninety (90) days after the effective date of notice. 11.02 The parties agree that it is in their best interests to resolve any disputes or defaults, and, accordingly, agree, that prior to the exercise of any remedy granted hereunder, at law or in equity, upon an Event of Default, the parties will, in good faith, consider alternative dispute resolution procedures, including, without limitation, arbitration and mediation. The party who wishes to exercise its remedies will notify the other party thereof, which notice will specify the alternative dispute resolution mechanism that the exercising party wishes to employ (the "Exercise Notice"). The parties will attempt in good faith to resolve the default by the alternative dispute resolution mechanism to which they agree, (including, without limitation, the binding nature of any such alternative dispute resolution proceeding); provided however that if no such resolution has been achieved within ninety (90) days after the effective date of the Exercise Notice, the exercising party may proceed to exercise its other remedies, including, without limitation, termination of this Agreement. 11.03 The parties and each of them hereby irrevocably submits to the jurisdiction of Washington County Minnesota District Court over any action or proceeding arising out of or relating to this Agreement any other document evidencing the transaction contemplated by this Agreement. Section 12. Insurance. 12.01 In connection with the employment of its employees, St. Croix will pay all applicable social security, re-employment, workers' compensation or other employment taxes or contributions of insurance, and will comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re- employment insurance and worker's compensation. St. Croix will indemnify and hold harmless the City from all costs, expenses, claims or damages resulting from any failure of St. Croix to comply with this Section 12.01. 12.02 The City will procure and maintain a General Comprehensive Liability policy covering operations of the City at the facility and will name St. Croix as an additional insured on this policy with a combined single limit of the City's legal tort liability Limit as set by the Statutes of Minnesota. 12.03 City must procure all Risk Property Insurance for the completed value of the Facility to cover the Facility including St. Croix's use, occupancy and operation of the Facility against the perils of fire and other perils normally covered by an All Risk policy. The City must be named insured on the property insurance. The City and St. Croix agree to waive all rights against each other, and each other's subsidiaries, affiliates, agents and employees, for damages covered by the property insurance. Section 13. Indemnity. St. Croix agrees to indemnify, hold harmless, protect, and defend City or City's agents, representatives and any affiliated or related entities against any and all claims, loss, liability, damages, costs and expenses, including reasonable attorney's fees, that are alleged to have occurred as a result of or due to the breach of contract, negligence or willful misconduct of St. Croix, its agents, consultants, subcontractors, employees or representative, to the extent that such claim, loss, liability, damage, cost or expense is alleged to have been caused by St. Croix, its agents, consultants, subcontractors, employees or representative. St. Croix hereby waives any claims it may, now or in the future, have against City, which claims are or should have been covered by the insurance specified in this Agreement. By this indemnity, which is not intended to be the procurement of insurance, the City in no way knowingly or intentionally waives its "maximum liability" as specified in Minn. Stat. §466.04. Section 14. Damage to and Destruction of the Location. If all or part of the Location is rendered untenantable by damage from fire and other casualty which, in the reasonable opinion of the City, a. Can be substantially repaired under applicable laws and governmental regulations within three hundred sixty-five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), the City will forthwith at its own expense repair damage other than damage to its improvements, furniture, chattels or trade fixtures. During the period during which the Facility or any part thereof remains untenantable until the Facility resumes full operation. i. The Management Fee must be reduced accordingly, and St. Croix and the City must jointly decide on an operating budget for the duration of the repair period and jointly determine whether to retain personnel during the repair period, and ii. Subject to applicable law, the term of the Agreement will be extended by the amount of time in which the Facilities are closed to the general public due to the damage. b. Cannot be substantially repaired under applicable laws and governmental regulations with three hundred sixty-five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), then the City must notify St. Croix thereof. In such case, either the City or St. Croix may elect to terminate this Agreement as of the date of the casualty by written notice delivered to the other. Section 15. Employees. 15.01 All persons engaged at the Facility in operating any of the services hereunder are the sole and exclusive employees of St. Croix and must be paid by St. Croix. In connection with the employment of its employees, St. Croix will pay all applicable social security, reemployment insurance, workers' compensation or other employment taxes or contributions to insurance plans, and retirement benefits, and must comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re-employment insurance and worker's compensation, and will defend, indemnify and save the City harmless from any responsibility therefore. St. Croix must comply with all applicable laws, ordinances and regulations including, without limitation, those pertaining to human rights and nondiscrimination set forth in Minn. Stat. § 181.59, Minn. Stat. Ch. 363 and the Stillwater City Code as the same may be amended from time to time, all of which are incorporated herein by reference. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be canceled or terminated by the City for a violation of this paragraph, in addition to the penalty provisions which may be invoked by the City pursuant to the above cited statutes and ordinances. 15.02 St. Croix will employ trained and neatly dressed employees and the employees must conduct themselves at all times in a proper and respectful manner. Any dismissal must be in accordance with applicable federal, state or local laws which may be in effect, and St. Croix will defend, indemnify and save the City harmless from any claim, cause of action, expense (including attorneys' fees), loss, cost or damage of any kind or nature arising there from, except in the case of express written direction from the City. Section 16. Nonwaiver. The failure of either party at any time to enforce a provision of this Agreement will in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of the party thereafter to enforce each and every provision hereof. Section 17. Amendment. The parties may amend this Agreement only by written agreement executed by the parties. Section 18. Choice of Law. The laws of the State of Minnesota will govern the rights and obligations of the parties under this Agreement. Section 19. Severability. Any provision of this Agreement decreed invalid by a court competent jurisdiction will not invalidate the remaining provisions of this Agreement. Section 20. Notices. 20.01 Any notice required herein will be in writing and will be deemed effective and received (a) upon personal delivery; (b) five (5) days after deposit in the United States mail, certified mail, return receipt requested, postage prepaid; or (c) one (1) business day after deposit with a national overnight air courier, fees prepaid, to St. Croix or City at the following addresses: If sent to the City: City Administrator City of Stillwater 216 North 4th Street Stillwater, MN 55082 If sent to St. Croix Catering: Richard Anderson St. Croix Catering, Inc. 301 South Second Street Stillwater, MN 55082 20.02 The City's representative to St. Croix in connection with Facility operations will be the City Administrator or a person named by the City and Consultant shall designate the St. Croix On-site Manager. Either party may designate an additional or another representative or address for notices upon giving notice to the other party pursuant to this paragraph. For the purposes of this Agreement, "business day" will mean a day which is not a Saturday, a Sunday or a legal holiday of the United States of America. Section 21. Force Majeure. 21.01 Neither party will be obligated to perform hereunder, and neither will be deemed to be in default, if performance is prevented by fire, earthquake, flood, act of God, riot, civil commotion or other matter or condition of like nature, including the unavailability of sufficient fuel or energy to operate the Location, or any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic controls, riot, hostilities, war or governmental law and regulations. 21.02 In the event of a labor dispute which results in a strike, picket or boycott affecting the Facility or the services described in the Agreement, St. Croix will not be deemed to be in default or to have breached any part of this Agreement. 21.03 Notwithstanding any other provision of this Agreement, in the event that the State of Minnesota changes or terminates the statutory authority of the City for building, operating and maintaining the Facilities, and the changes make this Agreement impractical or unlawful to carry out, the City has the right to terminate this Agreement. Section 22. Integration. This Agreement and all appendices and amendments hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement will supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF STILLWATER a Minnesota Municipal Corporation Ted Kozlowski, Mayor Diane F. Ward, Clerk STATE OF MINNESOTA ) ) s.s. COUNTY OF WASHINGTON ) On this day of , 2017, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. STATE OF MINNESOTA COUNTY OF WASHINGTON Notary Public ST. CROIX CATERERS, INC. Richard Anderson, President On this day of , 2017, before me, a Notary Public within and for said County, appeared Richard Anderson, to me personally known, who, being duly sworn, did say that he is the President of St. Croix Caterers, Inc. and that this instrument was signed as the free act and deed of the corporation. Notary Public MEMORANDUM To: From: Date: Mayor and Council Tom McCarty, City Administrator Rose Holman, IT Manager John Gannaway, Police Chief 2/17/2017 Subject: Purchase of Evidence Tracking for Police Department The Police Department would like to purchase a new software program for evidence tracking. Currently evidence tracking is done by entering information into a spreadsheet and does not account for chain of custody and other important factors affecting evidence. This new system will improve the logging and tracking of the evidence stream, maintain inventories and aid in audits. It will also help the department maintain a solid chain of custody and protect against evidence corruption and mishandling. This item was not budgeted for in the 2017 Capital Outlay budget. However, there are funds available in the forfeiture fund to pay for this software. The total cost will be $6,376.00. We are requesting approval to purchase this software. 6 d1;0- gc L /i7//7 RESOLUTION 2017-042 APPROVAL OF EXPENDITURE FOR THE PURCHASE OF EVIDENCE TRACKING SOFTWARE WHEREAS, the Stillwater City Council reviewed the request for the purchase of evidence tracking software in the amount of $6,376.00; and WHEREAS, the funds for this expenditure were not included in the 2017 budget; and WHEREAS, the funding source for this expenditure would be from the Forfeiture Fund. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the expenditure for evidence tracking software, with funding in the amount of $6,376.00 from the Police Department's Forfeiture Fund, is hereby approved. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Pressi!' Microtechnology Inc. January 30, 2017 TO: Stillwater Police Dept. Attn: Brad Junker 216 4th St. North Stillwater, MN 55082 Tel: (651) 724-0153 Dear Brad, FROM: John Alex jalex@scanpmi.com Tel: 904-797-1050 Toll: 800-325-7636 Fax: 904-797-6100 EVIDENCE TRACHEA Quote # JAR130171508 Pages in Quote: 2 Thank you for giving PMI the opportunity to quote you on your bar-coding needs. I am pleased to offer our PMI Evidence TrackerTMSuperMAX package, which is a complete system; that includes evidence and asset management software, labels, ribbons, plus software to automate conducting your physical inventory, site license, a year of tech supports including updates plus free shipping. The SuperMax is typically purchased if you want to use the asset side of the software. You will also find pricing for renewing the service agreement and the cost of additional labels and ribbon. The pricing, herein, is good through March 31, 2017. Please find below your quote in its entirety: Qtv. Product/Description Your Price 1 pkg. PMI Evidence TrackerTM SuperMAX(SoPMI-ET7-SM) $ 5126.00 Includes PMI Evidence Tracker Software with Evidence and Asset Management Module, two Evidence Label Kits, two Asset Label Kits and Shelf Labels. Includes Installation Support, one year of the Technical Service with Unlimited User Site License, plus Free Shipping. Optional Items 1 ea. Wireless Barcode Scanner (In exchange for cabled scanner in above quote) Includes a wireless barcode scanner with a base unit that attaches USB. Working range up to 30 ft. 1 kit Evidence Labels and Ribbon Kit (Additional Supplies) Includes 2 rolls of 4" x 3" (500 per roll) thermal transfer die cut poly labels and 1 roll of 4.33" x 74m resin ribbon. 1 kit Asset Labels and Ribbon Kit (Additional Supplies) Includes 2 rolls of 2" x 1" (1000 per roll) thermal transfer die cut poly labels and 1 roll of 2.52" x 74m resin ribbon. 1 ea. Technical Service Agreement (Renewal Cost) — Includes assistance for technical issues, plus all software updates and patches during the one year agreement period. Please note that this does not include training or customization. Must have ability to utilize go -to -meeting. HCCREDI'EO BUSINESS $ 150.00/ea $ 85.00/ea $ 69.00lea $ 695.00 44. Progressive Microtechnology, Inc. * 4425 U.S. 1 South, Ste. 101 * St. Augustine, FL 32086 * (800) 325-7636 Additional Items 1 ea. EVIDENCE TRACHER Progressive Microtechnology, Inc. &- Page 2of2.6 2 Hour Web Based Training — Includes 2 hours of training through the internet. Training for your program administrator staff to include the following: software overview, system setup, admin security, customizing evidence screen, entering evidence, checking evidence in/out, creating reports, conducting a physical inventory, and creating short cuts that save time and effort, etc. Must have ability to utilize go -to -meeting. $ 250.00 Unless otherwise stated herein, all prices are in U.S. dollars, FOB Saint Augustine, Florida and do not include import duties or any other fee associated with the sale and shipping of your purchase. For your convenience, unless otherwise discussed and put into writing by the parties, PMI accepts MasterCard, Visa, AMEX, COD, pre -payment by wire transfer (only method for international sales), and Net -30 terms with approved credit. If you have any questions, concerns, or comments, please feel free to contact me at any time. I certainly hope that we may do business together and I appreciate you giving PMI the opportunity to work with you on this project. Good luck & stay safe out there! Sincerely, John Alex 0 Progressive Microtechnology, Inc. * 4425 U.S. 1 South, Ste. 101 * St. Augustine, FL 32086 * (800) 325-7636 ACCREC1 E0 FfXME55 Memo DATE: February 17, 2017 TO: Mayor and City Council FROM: Sharon Harrison, Finance Director RE: Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1st quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2"d quarter of every year using the water consumption (obtained from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1st quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see if we can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons (of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staff's recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. CITY OF STILLWATER EXHIBIT A Description of Circumstance 1 Toilet leak Winter Average Gallons Billing Quarter Adjustment for From 57,000 1st To 29,000 THE BIRTHPLACE OF MINNESOTA TO: Mayor & Council Members FROM: Bill Turnblad, Community Development Director DATE: February 17, 2017 RE: Cruisin' on the Croix - Special Event Parking: Revision INTRO Earlier this month Frank Fabio came before the City Council requesting approval of the use of Municipal Parking Lots 4, 5, 9,10 and 11 for Cruisin' on the Croix. Fifteen event dates were desired, the Parking Commission recommended approval of four of those dates and the Council approved eight of them. Those eight dates begin June 7th and occur every other Wednesday through September 6th. It should be noted that July 19th, the week of Lumberjack Days, the Car Show usually has not been held (Downtown Parking approved). However, there shouldn't be a conflict as setup for Lumberjack Days usually starts Thursday. July 5th is the City's Rain Date for 4th of July Fireworks therefore staff recommends that the Fireworks rain date not be used for the Car show, but held on July 12th instead. However, the Council tabled the question of which municipal parking lots could be used for the event. There was concern about using Lot 10 again this year, because of complaints received that the general public is not able to use the public lane that connects Mulberry with Laurel Street, and which runs right through Lot 10. In place of Lot 10, Mr. Fabio suggested using Lot 8b. Tabling the question of which parking lots would be allowed gave time for city staff to talk with the manager of River Market Co-op to determine whether he supported the use of Lot 8b. LOT 8B Planning staff spoke with both the River Market Co-op manager, Mead Stone, and with Frank Fabio about use of lot 8b for the eight event dates. Mr. Stone supported the idea, since Mr. Fabio agreed to have a person stationed at the entrance to the lot to keep car show folks out of the River Market lot. This arrangement was used for Hockey Day Minnesota and Mr. Stone was satisfied with it. Downtown Parking Commission The Downtown Parking Commission heard Mr. Fabio's revised proposal for the use of Lots 4, 5, 8b, 9, and 11 at their meeting on February 16. After discussing the proposal with Mr. Fabio, the Parking Commission recommend that he be permitted to use only Lots 4, 5, 8b, and 9. This recommendation not only eliminated Lot 10, but Lot 11 as well. The Parking Commission did Cruisin' on the Croix February 17, 2017 Page 2 not want the number of spaces reserved this year to be more than last year, and since Lot 8b is much larger than Lot 10 that it is replacing, they also wanted to see Lot 11 removed. The Commission recognized that this is only 141 spaces, but if Mr. Fabio uses the 20 spaces in his private lot for the event, then the total number of spaces would be 161 compared with last year's 159. Mr. Fabio agreed to this. Parking Lot Reservations So, the lots recommended by the Downtown Parking Commission to be reserved under this revised scenario now include only Lots 4, 5, 8b, and 9. This is a total of 141 spaces. The reservation fee of $3 per space per day would be, over the course of eight event dates, a total of $3,384 for 141 spaces ($423/event date). If the Council approves reducing this amount by 50% ($1.50/space/day) as it has done each of the last several years, then the total would be $1,692 ($211.50/event date). RECOMMENDATION City staff recommends approving the reservation of Lots 4, 5, 8b, and 9 at a fee of $211.5 per event date, with the added condition that no street parking is used. ACTION REQUIRED: Determine if July 5th and July 19th are acceptable Car Show dates because of possible conflicts and if Council concurs with the recommendation they should pass a motion adopting a resolution entitled "Approval of 2017 Cruisin' on the St. Croix Special Event Contract" reflecting the Parking Commission information above and that the City's July 5th Rain Date for Fireworks not be used for the Car Show. Bt/dw 2013 2014 2015 2016 2017 Parking spaces 109 111 159 159 141 # of event dates 13 13 9 8 8 Cost per date $154.50 $166.50 $238.50 $238.50 $211.50 Total cost $2,008.50 $2,164.50 $2,146.50 $1,908.00 $1,692.00 RECOMMENDATION City staff recommends approving the reservation of Lots 4, 5, 8b, and 9 at a fee of $211.5 per event date, with the added condition that no street parking is used. ACTION REQUIRED: Determine if July 5th and July 19th are acceptable Car Show dates because of possible conflicts and if Council concurs with the recommendation they should pass a motion adopting a resolution entitled "Approval of 2017 Cruisin' on the St. Croix Special Event Contract" reflecting the Parking Commission information above and that the City's July 5th Rain Date for Fireworks not be used for the Car Show. Bt/dw APPROVING 2017 SPECIAL EVENT AND CONTRACT CRUISIN' ON THE ST. CROIX BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the 2016 Cruisin' on the St. Croix Special Event and Contract, between the Frank Fabio, Maple Island Brewing and the City of Stillwater is hereby approved and authorizes the Mayor and City Clerk to sign the contract. Adopted by the City Council of the City of Stillwater this 21st day of February, 2017. Ted Kozlowski Mayor ATTEST: Diane F. Ward, City Clerk 2017 STILLWATER CRUISIN' ON THE ST. CROIX CAR SHOW THIS AGREEMENT between the City of Stillwater, Washington County, Minnesota ("City"), in conjunction with the 2016 Stillwater Cruisin' on the St. Croix Car Show part of a community wide celebration of the City (the "Event"); and Frank Fabio, Maple Island Brewing LLC, 225 Main Street N, Stillwater, MN 55082, a Limited Liability Company (Domestic) ("Organizer"). 1. Car Show. The City has encouraged this hot rod and vintage car show in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. Substantial changes in the layout/format/duration of the Event will not be made by the Organizer at any time without advanced notice to the City. 2. Dates and Hours of Event. Operations are limited as follows: • Setup: Wednesdays - June 7, 21, July 12, 19, August 2, 16, 30 and September 13, 2017 • Event: Wednesdays - June 7, 21, July 12, 19, August 2, 16, 30 and September 13, 2017 • Cleanup: After the above listed events - 9 p.m. -10 p.m. 3. Event/Alcohol. NO ALCOHOL will be served during this Event and no Other Alcohol or Coolers are allowed. No alcohol may be consumed or served on the back patio of Maple Island Brewery as that portion is not part of the licensed premises of Maple Island Brewery (see attached - event application and packet) 4. Signs. The Organization will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the parking lots. 5. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 6. Police Power. The City reserves the right to order a shutdown of the Area in the Event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. In that Event, the Organization must assist the police in the clearing of the Area. 7. Use of Parking Lots. THE ORGANIZER IS AWARE AND WILL INFORM ALL VENDORS AND EVENT PARTICIPANTS THAT STAKING INTO THE ASPHALT, ETC. IS NOT ALLOWED (ANY DAMAGE REPAIR WILL BE PAID FOR BY THE ORGANIZER). i. The Event is given use of Lot 4, 5, 8b, and 9, as approved by the Parking Commission. The Organizer agrees to pay the City for the use of the parking lot according to the 2017 parking space fees determined by the Downtown Parking Commission and City Council. No on -street parking to be used. 8. City Costs (based on the 2017 fee schedule). Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (i.e. neighborhood meeting expenses and/or city equipment) shall be received by the City no later three (3) weeks before the Event. Failure to make the payment will result in the cancellation of the Event. a. In the event of a cancellation of this Event after the deposit is made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 9. Park Property. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 11. City Services. The type and amount of materials needed for the Event will be determined by the Public Works toilets to augment the existing facilities, barricades for parking lot closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining, cleaning, security and supervision for the restrooms. If the Event Organizer does not have the manpower to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer's intent on maintaining the City restrooms. b. Barricade Placement. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on Event Dates at the parking lot entrances on Lot 4, 5, 9, 10, and 11 as designated by the Public Works Department. This will inform users of the parking lot closure for the Event. Organizer must keep Mulberry Street open for use by PD Pappy's, Marina and City Parking Lot. c. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Electricity and Water. Each electrical box needed for the Event will be opened by the City on the Event Dates,. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. e. The City shall provide the Organizer a key for the water shut off valve. The Organizer shall provide a $50 deposit for such key and will be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades by 7:00 a.m. the day after each event. Organizer shall remove trash, additional trash enclosures no later than 10:00 a.m. the next day following each Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 12. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. 13. Insurance, Hold Harmless, and Indemnity. The Event Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement, except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and/or willful misconduct of the City or any of its agents or employees. Event Organizer also agrees to provide to the City evidence of insurance coverage of at least the statutory liability limits for municipalities covering claims that might be brought against the Festival that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear." Insurance Certificate must be received by the City no later than three (3) weeks before the Event. 14. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this day of Attest: Diane F. Ward, City Clerk STATE OF MINNESOTA ) ) ss CITY OF STILLWATER Ted Kozlowski, Mayor COUNTY OF WASHINGTON ) On this day of , , before me, a Notary Public within and for said County, appeared Ted Kozlowski and Diane F. Ward, to me personally known, that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public Commission Expires: STATE OF MINNESOTA COUNTY OF WASHINGTON ) On this day of FRANK FABIO, MAPLE ISLAND BREWING, LLC By: Frank Fabio Its: CEO/Manager ) ) ss before me, a Notary Public within and for said County, appeared Frank Fabio, Maple Island Brewing LLC, , to me personally known, who, being duly sworn, did say that he is the CEO/Manager of Maple Island Brewing LLC and that this instrument was signed as the free act and deed of the corporation. Notary Public Commission Expires: i11wati: THE BIRTHPLACE OF MINNESOTA TO: Mayor & Council Members FROM: Erik Olson -Williams, Zoning Administrator/Assistant Planner DATE: February 17, 2017 RE: Veterans Memorial Expansion - Phase I Approval PROPOSAL The Veteran's Memorial Board is proposing to increase the size of their memorial grounds. The purpose of the expansion is to create more area for their paver program. The proposed expansion has been broken into two phases and would result in the loss of a total of 10 parking spaces in Municipal Lot 19. This proposal is for the first phase of the expansion and would result in the loss of only two parking spots in Lot 19. The second phase of the expansion is planned for spring of 2022 or later and will result in the loss of eight additional parking spaces. A phasing plan of the proposed expansion at the memorial is attached. REQUEST The Memorial Board requests that the City Council discuss and approve the first phase of the proposed plan to expand the memorial. They also requests that no parking mitigation be required with this phase, instead that it would be delayed until the next phase. BACKGROUND The concept plan for this expansion was approved by the Council in November of 2015 with the condition that the Memorial Board cover the cost of the parking mitigation. RECOMMENDATIONS The Downtown Parking Commission recommended approval of the first phase of this expansion at their meeting on February 16, 2017. They also recommended that parking mitigation be allowed to wait until implementation of phase two of the expansion plan. Staff concurs with this recommendation. ACTION NEEDED If the Council agrees with the Parking Commission and wishes to approve the first phase and delay the mitigation, staff will bring a document memorializes your decision to the next Council meeting. eo attachments: Expansion request January 12, 2017 From: Stillwater Veterans Memorial To: Bill Turnblad, Community Development Director Subj: Stillwater Veterans Memorial Expansion Phase One Formal Plans Executive Summary. The Stillwater Veterans Memorial Board of Directors requests Stillwater City Council, Heritage Preservation Commission, and Downtown Parking Commission approval to implement the first of two -phases of expansion to the Stillwater Veterans Memorial. In December 2015, the City Council provided concept approval of the expansion plan, while expressing concerns regarding associated parking mitigation funding. Following discussion with city leaders, Farmer's Market representatives, and Washington County officials, the Memorial's expansion was broken into two phases. The first phase provides several years' worth of new paver additions before the need to implement the second phase and associated parking mitigation measures. Background. Since the Stillwater Veterans Memorial was dedicated in 2004, literally thousands of visitors have come to the site during public ceremonies and in quiet moments. They come to honor and remember our veterans, to reflect on our freedom ... and in some cases to grieve their loss. Over the past decade and beyond, the community's support and commitment has built the memorial to near capacity. It is now necessary to expand and enhance the site. Brian Larson, the original architect for this memorial, has again been retained to develop a site expansion plan to accommodate another 500 -plus granite pavers. The expansion design will create new continuous walkways and landscaped areas in front of the monument that will help identify and visually separate the memorial site from the surrounding parking area. In so doing, a larger public space for gathering and contemplation will be created. Paver sales remain a critical fundraising tool the Board uses to maintain and upgrade the Memorial, as well as fund annual Memorial Day and Veterans Day community events. Discussion. Our initial expansion concept received permission from the Stillwater City Council on December 15th, 2015 to proceed towards detailed development. After exploring parking mitigation possibilities and fundraising options, an alternate solution of splitting the project into two phases was developed that minimizes near-term costs and impacts, while immediately increasing paver sites by approximately 150. Phase one implements the expansion plan only to the area just south of the memorial spire, while deferring the expansion plan around the flag pole. At a later date the Stillwater Veterans Memorial Board will propose to the City Council the plan to fully implement phase two. See figures 1 and 2 below. 1 Figure 1: Stillwater Veterans Memorial Expansion Phasing Plan 805,1.1119 NAL888, EVICTING 1.1.081. STRUCTURE 1,181808t. PAVERS L Phase One — Spring 2017 - Removes two parking spots - Expands site by —150 pavers NEW aftICKIANIAIWIS 18818018 PAVERS,SHO. 88.8E8, Phase Two — Spring 2022 or later - Removes remaining eight parking spots Expands site by "'350 pavers Provides parking mitigation BRICF Figure 2: Stillwater Veterans Memorial Site, Northward View 2 Only two existing parking spaces from Riverview Parking Lot (of the ten from the complete expansion proposal) will be removed in phase one, leaving 213 actual total parking stalls between the parking lots east (Cub/SuperValu Parking Lot) and west (Municipal Lots 18, 19, and 20) of Third Street. As phase one implementation still leaves more than the 210 parking spaces arranged between the City and SuperValu in the 1995 Parking Lot Maintenance Agreement, no additional parking mitigation actions are needed until phase two is implemented and eight other parking spots are expected to be eliminated. In place of the two parking spaces, along with approximately 150 new paver locations, phase one will add new sidewalks, curbing, and planter areas in a manner symmetrical with the south end of the Memorial near Pine Street. Ultimately, phase two will complete the original design and add approximately 350 additional pavers to the Memorial site, along with areas for rest and contemplation nearest the flagpole. See details provided in enclosure (1). Stillwater Veterans Memorial Board has discussed the expansion plan in detail with the director of the Stillwater Farmer's Market as well as various Washington County officials to include the Washington County Historic Courthouse director. All parties understand the need for the expansion, with the Farmer's Market director concurrence to proceed with phase one implementation. Recommendation: In support of phase one implementation of the expansion to Stillwater Veterans Memorial, recommend that: - Heritage Preservation Commission review and approve complete expansion design, - Downtown Parking Commission review and approve phase one plan of a two space reduction in parking, and - City Council approve phase one implementation (to include no need for parking mitigation until phase two is approved and implemented in the future), and an amendment to the existing Municipal License as approved by Resolution No. 2002-125. A timely implementation is proposed for spring 2017 to prevent impact on the Stillwater Farmer's Market, and just as the need for additional paver sites is projected to occur. Respectfully submitted, David Ratte Chairman, Stillwater Veterans Memorial 3 Johnson lid* Controls Stillwater City County – Further Information February 17, 2017 Trish Curtis–Johnson Controls • Currently, we guarantee more than 6.8 billion dollars in savings to our 681 North American customers -178 are local government projects. In Minnesota alone in the last 10 years we have completed guaranteed performance projects to 423 school districts. Recently we have expanded our project deliverable to local government in Minnesota. Below are a few of our successful partnerships: o City of Rochester –Implemented $7.2M over 12 years –verified by 3rd party o City of Sartell-Currently being developed o City of Sauk Rapids –did initial assessment, recommended no further improvements needed o City of Duluth -Water Meter Project $750K annual savings o South St Paul Housing Phases 1-3 $299K annually o City of Woodbury -Consultant on water project Using the same tools and project teams we have partnered with these school districts: o Mahtomedi Schools o St Francis Schools o Milaca Schools o Moundsview Schools • The difference between our "project" and Xcel Energy's- Xcel is your energy provider and provides rebates and incentives; we provide design build projects that use utility rebates and incentives to reduce the cost of the project. We also guarantee the performance of our projects. Using JCI to deliver turnkey projects allows City staff to focus on their core business. As a design/builder we manage a competitive bidding process, work with the city to determine best value, and offer transparency of the process and oversight for the project. • Savings is a forecast and predicting the exact amount is like horseshoes. Close counts. We guarantee energy savings by offering a single value as the measure. Our job is to make sure you save more than that. If we are wrong, we write a check to the city for the shortfall. • Library: We can leave it in or take it out. As we noted in the meeting, it is about 10% of the space that the City is responsible for. Our understanding is the City pays to operate the facility—saving in energy or operations benefit the City. • Project Development Agreement- allows our engineers to prepare an Investment Grade Audit of energy and operational savings to develop sound opportunities. It is also the time we work together to determine if the City wants to take a longer term so it can realize some immediate savings or to accomplish more work including work where the payback was not as strong. • Payment for the PDA: The cost is due to JCI if the PDA meets the goals we outlined in the preliminary report. If we can't figure out how to make the project successful, you owe us nothing. If the City moves forward with the project, we normally role them up with the construction cost so there is no out-of-pocket expense. If the City does not proceed with the proposed work together with JCI, then the expense is met with other city funds. Johnson ''�3 Controls TO: City of Stillwater 216 North 4th St. Stillwater, MN 55082 Johnson Controls, Inc. Kathleen Donovan 2605 Fernbrook Lane N. Plymouth, MN. 55447 612.554.5160 (mobile) DATE: January 4, 2017 Project Development Agreement Johnson Controls invites the City of Stillwater to enter into a partnership to further identify and qualify opportunities within the city and its facilities. We propose to develop the program as described in ourJanuary 2017 presentation. Specifically, Johnson Controls will evaluate the following areas of improvements for energy and operational savings within the following buildings: • City Hall • Library • Public Works • Ice Arena/Sports Complex Acceptance of this proposal authorizes the City of Stillwater to enter into an agreement with Johnson Controls for a Facility Improvement Program based on the following criteria: • Investment grade audits shall be conducted to identify energy and operational savings opportunities that are self -funding through Performance Contracting. • That the program is in complete compliance with Minnesota State Statute 471.345. • The final scope of the facility improvement program will be subject to approval by the Stillwater City Council. If Johnson Controls meets the criteria above and the final proposal is not accepted by The City of Stillwater, the City agrees to pay Johnson Controls an amount of $16,400 within 60 days of receiving the final proposal. The customer will have no obligation to pay this amount if The City of Stillwater chooses to proceed with Johnson Controls on the approved project. If Johnson Controls fails to meet any of the criteria listed above, City of Stillwater will have no obligation to pay Johnson Controls for the Investment Grade Audit. PROJECT DEVELOPMENT AGREEMENT SCOPE EVALUATION STUDY. Johnson Controls agrees to undertake a detailed evaluation study of the Customer's premises identified above to determine the energy consumption and operational characteristics of the Premises and to identify the Energy Conservation Measures, procedures, and other services that could be provided by Johnson Controls in order to reduce the Customer's energy consumption and operating costs on the premises. Customer agrees to provide its complete cooperation in the conduct and completion of the study. Johnson Controls will provide to the Customer a written report within 90 days of the effective date of this Agreement. The report will include: (a) A list of specific energy conservation and/or building improvement measures that Johnson Controls proposes to install, along with budget installation costs; Johnson Controls Johnson Controls, Inc. Kathleen Donovan 2605 Fernbrook Lane N. Plymouth, MN. 55447 612.554.5160 (mobile) (b) A description of the operating and maintenance procedures that Johnson Controls believes can reduce energy consumption and operating costs at the Premises; and (c) An estimate of the energy and operating costs that will be saved by the equipment and procedures recommended in the report. The financial components will include, but are not limited to: (a) Utility and operational cost savings, including potential increased revenues (b) utility rebates and incentives, and (c) Federal and State grants. All deliverables in this agreement will produce a Pro Forma business case for the financial impact of the opportunities relative to the baseline. ENERGY USAGE RECORDS AND DATA. During the evaluation study, Customer will furnish to Johnson Controls, upon its request, accurate and complete data concerning energy usage and operational expenditures for the premises, including the following data for the most recent three years from the effective date of this Agreement: • Actual utility bills supplied by the utility and other relevant utility records; • Occupancy and usage information; • Descriptions of any changes in the building structure or its heating, cooling, lighting, or other systems or their energy requirements; • Descriptions of all energy -consuming or energy-saving equipment used on the premises; • Descriptions of energy management and other relevant operational or maintenance procedures utilized on the premises; • Summary of expenditures for outsourced maintenance, repairs, or replacements on the premises; • Copies of representative current tenant leases, if any • Prior energy audits or studies of the premises INDEMINITY. Johnson Controls and the Customer agree that Johnson Controls shall be responsible only for such injury, loss, or damage caused by the intentional misconduct or the negligent act or omission of Johnson Controls. Johnson Controls and the Customer agree to indemnify and to hold each other, including their officers, agents, director's, and employees, harmless from all claims, demands, or suits of any kind, including all legal costs and attorney's fee, resulting from the intentional misconduct of their employees or any negligent act or omission by their employees or agents. Neither Johnson Controls nor the Customer will be responsible to the other for any special, indirect, or consequential damages. DISPUTES. If a dispute arises under this Agreement,the parties shall promptly attempt in good faith to resolve the dispute by negotiation. All disputes not resolved by negotiation shall be resolved in accordance with the Commercial Rules of the American Arbitration Association in effect at that time, except as modified herein. All disputes shall be decided by a single arbitrator. A decision shall be rendered by the arbitrator no later than nine months after the demand for arbitration is filed, and the arbitrator shall state in writing the factual and legal basis for the award. No discovery shall be permitted. Johnson Vi4,1° Controls Johnson Controls, Inc. Kathleen Donovan 2605 Fernbrook Lane N. Plymouth, MN. 55447 612.554.5160 (mobile) The arbitrator shall issue a scheduling order that shall not be modified except by the mutual agreement of the parties. Judgment may be entered upon the award in the highest state of federal court having jurisdiction over the matter. The prevailing party shall recover all costs, including attorney's fee, incurred as a result of the dispute. If the Customer is a state of local governmental entity, then this paragraph shall not apply. MISCELLANEOUS PROVISIONS. This Agreement cannot be assigned by either party without the prior written consent of the other party. This Agreement is the entire Agreement between Johnson Controls and the Customer with respect to development activities and services and supersedes any prior oral understandings, written agreements, proposals, or other communications between Johnson Controls and the Customer. Any change or modification to this Agreement will not be effective unless made in writing. This written instrument must specifically indicate that it is an amendment, change, or modification to this Agreement. This proposal is hereby accepted and Johnson Controls is authorized to proceed with the work. Purchaser — Company Name This proposal is valid until: March 30, 2017 City of Stillwater JOHNSON CONTROLS, INC. Signature Name: Title: Date: Signature Name: Lyle Schumann Title: Area General Manager liwater THE OIFITHPLACE OF MINNESOTA Planning Report TO: DATE: APPLICANT: Mayor & City Council Members February 17, 2017 Anne Loft, Midnight Real Estate, LLC, Represented by the HAF Group PROPERTY OWNER: Gartner Properties, LLC REQUEST: LOCATION: ZONING: COMP PLAN: PREPARED BY: REVIEWED BY: Case No.: 2016-40 Special Use Permit for a hotel with restaurant 232 Main St No, and city owned property at 251 2nd St No. CBD, Commercial Business District Future Land Use Map designation of Downtown Mixed Use Bill Turnblad, Community Development Director Abbi Wittman, City Planner Planning Commission; Parking Commission; Park Commission; Heritage Preservation Commission; Building Official Shills; City Attorney Magnuson; Assistant Fire Chief Ballis; City Engineer Sanders BACKGROUND In December of 2016 Midnight Real Estate LLC appeared before the Planning Commission with a Special Use Permit request for a new hotel, parking structure and a three story office building. The proposed project site is at 232 North Main Street. The Planning Commission gave conditional approval of the Special Use Permit. Subsequently, the developer discovered that the soils are so poor on the western portions of the site, that the parking structure is not feasible to construct. Therefore, the developer is now proposing to eliminate both the parking structure and the office building; replacing both with a 62 space surface parking lot. REQUEST The request before the City Council is approval of the Special Use Permit for the hotel and restaurant. Case No. 2016-40 CC February 17, 2017 Page 2 of 6 PROPOSAL ELEMENTS Elements of the project are highlighted here. 1) Demolition of the existing single -story office building (former Associated Eye Care Clinic) south of Johnny's TV. 2) Several parcels would be assembled to create the project site. One of those parcels is owned by the City. The properties involved can be seen in Exhibit A. 3) Construction of a new hotel with primary entrance on North Main Street. A) The 64 -unit hotel would have a street -level restaurant with outdoor eating area. B) The hotel is proposed to have three stories. 4) A new 62 space surface parking lot would be constructed west of the hotel. A) The lot would have a single access point on Mulberry Street. B) The number of parking spaces currently located on the property owned by the City is 25, which would be displaced by the new lot. This can be seen in Exhibit B. C) Of the 62 spaces in the hotel lot, 37 would be new spaces and 25 would be replacement spaces for the displaced public parking. SPECIAL USE PERMIT REGULATIONS AND ANALYSIS The Zoning Code, Section 31-207 states that approving a Special Use Permit requires the City to consider whether: The proposed structure or use conforms to the requirements and the intent of this [zoning] chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. [The] use and structure cannot constitute a nuisance or be detrimental to the public welfare of the community. Any additional conditions necessary for the public interest [may be] imposed. Zoning Code The zoning chapter requirements applicable to this Special Use Permit (SUP) are: Use: Hotels are permitted, by SUP, in the Central Business District, as are restaurants and outdoor eating areas. Off -Street Parking and Loading: The revised development plan will not meet the project's required on- site parking. Therefore, a revised parking mitigation plan was submitted to and approved by the Downtown Parking Commission on February 16th. The review and recommendation of the Commission is provided here. The development needs 78 spaces plus replacement of the 25 public spaces displaced by the new lot, or a total of 103 spaces. Project element Parking standard Size Total required Hotel 1/room + 1 64 rooms 65.0 Restaurant (1/120 sf)/2 1,790 sf (1,790/120)/2 = 7.5 Restaurant patio (1 per 4 seats)/2 42 seats (42/4)/2 = 5.3 Public spaces lost 25.0 _ TOTAL 103 Case No. 2016-40 CC February 17, 2017 Page 3 of 6 The new hotel parking lot is planned to have 62 spaces. So, the shortage of spaces during the warm - months when the restaurant patio is open will be 41 spaces. During the off-season when the patio is closed, the shortage of spaces will be 33. The mitigation plan that the Downtown Parking Commission finds acceptable for the shortage of spaces includes: 1. On-site valet parking will allow 17 more cars to be parked in the hotel lot. This allows a credit of 17 spaces. a. With the credit, the warm season shortage would be 24 spaces. b. With the credit, the off-season shortage would be 16 spaces. 2. Require the 24 warm -season and 16 off-season spaces to be mitigated by use of the public parking system and the payment of the standard fee, which currently is $10 per space per month. A single loading area of at least 10' by 30' is required, and will be provided. But the loading area will not accommodate semi -truck deliveries when needed. Therefore, unless these longer trucks can manage the corners in the lot, they would have to park on Mulberry Street to make deliveries. Traffic and Circulation: A complete traffic study, including internal and overall site circulation, was submitted to the City on December 30th. The impact upon existing street infrastructure is not a problem. However, subsequent to completion of the traffic report, the site plan changed. This is positive in terms of reduced impact upon Mulberry Street and the residents in Mills on Main, since there will now only be one access point for the hotel lot. The previous plan with a parking structure had two awkward driveways on Mulberry. The internal circulation pattern of the revised plan has not yet been reviewed by a traffic or civil engineer. Though, at first glance it seems to be an improvement over the previous plan, it must be found satisfactory before a building permit or excavation permit is issued for the project. Stormwater Management Practices: Projects within the Middle St. Croix Watershed Management Organization (MSCWMO) must meet the full review requirements of the MSCWMO Plan. Approval of the SUP will be contingent on MSCWMO stormwater management plan review and approval. Design Review: The HPC gave conditional approval of a Design Permit for this development at their last regularly -scheduled meeting on December 5, 2016. The conditions of approval included submission of a new sign plan for the property as well as a new 2' Street North landscaping plan. This is particularly important now that the parking arrangement has been changed. Other Regulations With outdoor dining areas proposed, no outdoor music or entertainment has been proposed. Any outdoor uses would need to conform to City Code Section 38-3, Noise Control and Regulation. Outdoor music, as well as outdoor entertainment, will require a modified Special Use Permit. FUTURE CONSIDERATIONS If the City Council approves the Special Use Permit for this project, the developers will still need to negotiate for acquisition of a lease or fee title to the City owned lot. Prior to issuance of any building permits for this project, the property tenure issue must be resolved. Case No. 2016-40 CC February 17, 2017 Page 4 of 6 ALTERNATIVES The deadline for City Council action on this planning case was extended by the developer to February 22nd Therefore, the Council cannot table the case without a request to do so by the developer. So, a decision will have to be made at the February 21st Council meeting. Decision alternatives are: A. APPROVAL. The Council could approve the Special Use Permit for the project with the following conditions: 1. The project must be built in substantial consistency with the following plans on file with the Community Development Department: a. T1 - Title Sheet: November 18, 2016 b. A100-103 - Hotel Floor Level Plans: November 18, 2016 c. A 120-123 - Office Building Flood Level Plans: November 18, 2016 d. A140 — First level floor plan — parking plan: January 27, 2017 e. A200 - EXTERIOR ELEVATIONS — HOTEL: November 18, 2016 f. A201 - EXTERIOR ELEVATIONS — HOTEL: November 18, 2016 g. A220 - EXTERIOR ELEVATIONS - OFFICE BUILDING: November 18, 2016 h. A240 - EXTERIOR ELEVATIONS - PARKING RAMP: November 18, 2016 i. A241 - EXTERIOR ELEVASTIONS - PARKING RAMP: November 18, 2016 j. AS 100 — ARCHITECTURAL SITE PLAN — FIRST LEVEL: Revised Feb 10, 2017 k. AS 101 - ARCHITECTURAL SITE PLAN — SECOND LEVEL: January 27, 2017 1. AS 102 - ARCHITECTURAL SITE PLAN — THIRD LEVEL: January 27, 2017 m. AS 103 - ARCHITECTURAL SITE PLAN — ROOF LEVEL: January 27, 2017 n. Cl — DEMOLITION PLAN: November 18, 2016 o. C2 — Paving Plan: 2/10/2017 p. C3 — GRADING & EROSION CONTROL PLAN: February 10, 2016 q. C4 — UTILITY PLAN: February 10, 2017 r. C5-5.1 — DETAILS: November 18, 2016 s. L100 - Landscape plan L100 - LANDSCAPE PLAN: November 18, 2016 t. L101 - LANDSCAPE DETAILS: November 18, 2016 u. Planning Commission Narrative and Supplemental Submittal: December 14, 2016 v. HPC Narrative and Supplemental Submittal: December 5, 2016 2. Major modifications to any of the plans listed in Condition 1 above must be reviewed and approved by the Planning Commission prior to implementation. 3. The Special Use Permit will not become effective, nor will it be filed in chain of title with Washington County, unless the project developer receives approval from the Stillwater City Council to acquire a lease or fee title to the City -owned property located at the corner of Mulberry and Second Street, and acquisition is completed. 4. A Special Use Permit or event permit from the City is required for any outdoor entertainment. 5. Conditions of approval of HPC Case No. 2016-27 shall be incorporated by reference. 6. A Design Review permit shall be submitted and approved by the Heritage Preservation Commission for any future exterior alterations, including signage. 7. The trash enclosure in the southwest corner of the parking lot is a feature added to the revised parking lot plan and was not reviewed by the Heritage Preservation Commission. Therefore, prior to installation of the trash enclosure, it must receive review and a design permit from the Heritage Preservation Commission. This is especially critical since there is no roof on the proposed structure and the elevation of the top of the trash enclosure wall would be lower than the abutting sidewalk on 2nd Street. Case No. 2016-40 CC February 17, 2017 Page 5 of 6 8. Prior to issuance of a building permit for the hotel, a detailed landscape plan must be submitted for review and approval by the HPC. 9. Prior to issuance of a building permit for the hotel, a detailed sign plan must be submitted and approved by the HPC, Traffic Safety Commission as well as the Public Works Department. Signage in the plan must include at least: business signage, parking signage, loading and unloading signage, street signage, and fire lane signage. 10. According to the parking mitigation plan approved by the Downtown Parking Commission, the following conditions apply to this Special Use Permit: a. On-site valet parking shall be provided as needed. b. The shortage of 24 warm -season and 16 off-season parking spaces must be mitigated through use of the public parking system. The fee for that mitigation is at current rates $10 per space per month. Therefore, at current rates $240 per month must be paid to the City's Parking Enterprise Fund for each month from May through October and $160 from November through April. As rates are changed by the City Council, the monthly payment will change correspondingly. c. The parking fee is to be paid upon receipt of City invoice. Failure to pay within 30 days of invoice will be certified for collection with real estate taxes. The applicant waives any and all procedural and substantive objections to the parking mitigation fee in lieu of on-site parking requirements, including but not limited to a claim that the City lacks authority to impose and collect fees. The applicant agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this provision. Failure to pay charges within 30 days will be certified for collection with the real estate taxes with the real estate taxes in October of each year. The applicant waives any and all procedural and substantive objections to the purchase requirement including, but not limited to, a claim that the City lacked authority to impose and collect the fees as a condition of approval of this permit. The applicant agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this permit including this provision. d. All construction workers for the hotel and office construction projects must park either on- site or in the parking lot immediately north of the former Zephyr Depot. 11. The revised civil engineering plans, including the parking lot, must be reviewed and found acceptable to the City Engineer before an excavation permit or building permit is issued for the project. 12. The revised plans must be reviewed and found acceptable to the Assistant Fire Chief before an excavation permit or building permit is issued for the project. 13. The applicant is required to enter into a Development Agreement with the City for all public infrastructure improvements prior to the release of an excavation permit or a building permit for the project. The Developers Agreement must be approved by the City Council and recorded against the property at the expense of the applicant. Proof of recording shall be submitted to the City prior to the release of any building permits for the project. 14. Easements in favor of the City for storm sewer and other public utilities shall be provided to the City prior to the issuance of an excavation permit or a building permit for the project. Easements shall be subject to review by the City Engineers and Attorney's offices and shall be recorded against the property at the expense of the applicant. Proof of recording shall be submitted to the City prior to the release of any building permits for the project. 15. A stormwater management plan must be reviewed and found acceptable to the Middle St. Croix Watershed Management Organization prior to issuance of an excavation permit for the project. B. DENIAL. The Council could deny the request if it finds that critical information is missing to support approval of this SUP request, or that the SUP request does not conform to the requirements and intents of the zoning chapter, or the comprehensive plan, or relevant area plan, or that the use constitutes a nuisance or a detriment to the public welfare. Case No. 2016-40 CC February 17, 2017 Page 6 of 6 RECOMMENDATIONS The Parking Commission, Planning Commission, Heritage Preservation Commission and Park Commission have reviewed the SUP and recommend approval with the conditions included above. Attachments: Exhibit A - properties Exhibit B - parking detail Resolution of Approval Facade Renderings Sign Plan Site Plans Landscape Plans Yellow = Gartner Properties Exhibit B Existing Conditions - Public Parking 8 existing public spaces (yellow cross hatch) Arcola's private lot (public use after hours) 17 existing spaces leased monthly by Arcola during business hours (red cross hatch) Blue outline is proposed new parking lot RESOLUTION 2017- A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR A HOTEL AND RESTAURANT PROJECT CASE NO. 2016-40 WHEREAS, Anne Loft of Midnight Real Estate, LLC and Mike Hoefler of HAF Group submitted a request for variances and a special use permit to allow the construction and operation of a hotel with a restaurant on property legally described as follows: See Exhibit A; and WHEREAS, the Planning Commission held a public hearing and reviewed the request for a special use permit for the hotel on December 14, 2016 and continued it until January 11, 2017 when it approved two variance, denied a third and recommended approval of the special use permit with conditions; and WHEREAS, the Heritage Preservation Commission considered the design aspects of the project on December 5, 2016 when it recommended approval with conditions; and WHEREAS, the Downtown Parking Commission considered the parking mitigation plan for the project on January 19, 2017 when it recommended approval with conditions; and WHEREAS, the Downtown Parking Commission considered the revised parking mitigation plan for the project on February 16, 2017 when it recommended approval with conditions; and WHEREAS, the City Council reviewed the special use permit request on February 21, 2017 and concurred with the conditional approvals of its Commissions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the special use permit with the following conditions: A. APPROVAL. The Council could approve the Special Use Permit for the project with the following conditions: 1. The project must be built in substantial consistency with the following plans on file with the Community Development Department: • T1 - Title Sheet: November 18, 2016 • A100-103 - Hotel Floor Level Plans: November 18, 2016 • A 120-123 - Office Building Flood Level Plans: November 18, 2016 • A140 — First level floor plan — parking plan: January 27, 2017 • A200 - EXTERIOR ELEVATIONS — HOTEL: November 18, 2016 • A201 - EXTERIOR ELEVATIONS — HOTEL: November 18, 2016 • A220 - EXTERIOR ELEVATIONS - OFFICE BUILDING: November 18, 2016 • A240 - EXTERIOR ELEVATIONS - PARKING RAMP: November 18, 2016 • A241 - EXTERIOR ELEVASTIONS - PARKING RAMP: November 18, 2016 • AS 100 — ARCHITECTURAL SITE PLAN — FIRST LEVEL: Revised Feb 10, 2017 • AS 101 - ARCHITECTURAL SITE PLAN — SECOND LEVEL: January 27, 2017 • AS 102 - ARCHITECTURAL SITE PLAN — THIRD LEVEL: January 27, 2017 • AS 103 - ARCHITECTURAL SITE PLAN — ROOF LEVEL: January 27, 2017 • Cl — DEMOLITION PLAN: November 18, 2016 • C2 — Paving Plan: 2/10/2017 • C3 — GRADING & EROSION CONTROL PLAN: February 10, 2016 • C4 — UTILITY PLAN: February 10, 2017 • C5-5.1 — DETAILS: November 18, 2016 • L100 - Landscape plan L100 - LANDSCAPE PLAN: November 18, 2016 • L101 - LANDSCAPE DETAILS: November 18, 2016 • Planning Commission Narrative and Supplemental Submittal: December 14, 2016 • HPC Narrative and Supplemental Submittal: December 5, 2016 2. Major modifications to any of the plans listed in Condition 1 above must be reviewed and approved by the Planning Commission prior to implementation. 3. The Special Use Permit will not become effective, nor will it be filed in chain of title with Washington County, unless the project developer receives approval from the Stillwater City Council to acquire a lease or fee title to the City -owned property located at the corner of Mulberry and Second Street, and acquisition is completed. 4. A Special Use Permit or event permit from the City is required for any outdoor entertainment. 5. Conditions of approval of HPC Case No. 2016-27 shall be incorporated by reference. 6. A Design Review permit shall be submitted and approved by the Heritage Preservation Commission for any future exterior alterations, including signage. 7. The trash enclosure in the southwest corner of the parking lot is a feature added to the revised parking lot plan and was not reviewed by the Heritage Preservation Commission. Therefore, prior to installation of the trash enclosure, it must receive review and a design permit from the Heritage Preservation Commission. This is especially critical since there is no roof on the proposed structure and the elevation of the top of the trash enclosure wall would be lower than the abutting sidewalk on 2' Street. 8. Prior to issuance of a building permit for the hotel, a detailed landscape plan must be submitted for review and approval by the HPC. 9. Prior to issuance of a building permit for the hotel, a detailed sign plan must be submitted and approved by the HPC, Traffic Safety Commission as well as the Public Works Department. Signage in the plan must include at least: business signage, parking signage, loading and unloading signage, street signage, and fire lane signage. 10. According to the parking mitigation plan approved by the Downtown Parking Commission, the following conditions apply to this Special Use Permit: a. On-site valet parking shall be provided as needed. b. The shortage of 24 warm -season and 16 off-season parking spaces must be mitigated through use of the public parking system. The fee for that mitigation is at current rates $10 per space per month. Therefore, at current rates $240 per month must be paid to the City's Parking Enterprise Fund for each month from May through October and $160 from November through April. As rates are changed by the City Council, the monthly payment will change correspondingly. c. The parking fee is to be paid upon receipt of City invoice. Failure to pay within 30 days of invoice will be certified for collection with real estate taxes. The applicant waives any and all procedural and substantive objections to the parking mitigation fee in lieu of on-site parking requirements, including but not limited to a claim that the City lacks authority to impose and collect fees. The applicant agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this provision. Failure to pay charges within 30 days will be certified for collection with the real estate taxes with the real estate taxes in October of each year. The applicant waives any and all procedural and substantive objections to the purchase requirement including, but not limited to, a claim that the City lacked authority to impose and collect the fees as a condition of approval of this permit. The applicant agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this permit including this provision. d. All construction workers for the hotel and office construction projects must park either on-site or in the parking lot immediately north of the former Zephyr Depot. 11. The revised civil engineering plans, including the parking lot, must be reviewed and found acceptable to the City Engineer before an excavation permit or building permit is issued for the project. 12. The revised plans must be reviewed and found acceptable to the Assistant Fire Chief before an excavation permit or building permit is issued for the project. 13. The applicant is required to enter into a Development Agreement with the City for all public infrastructure improvements prior to the release of an excavation permit or a building permit for the project. The Developers Agreement must be approved by the City Council and recorded against the property at the expense of the applicant. Proof of recording shall be submitted to the City prior to the release of any building permits for the project. 14. Easements in favor of the City for storm sewer and other public utilities shall be provided to the City prior to the issuance of an excavation permit or a building permit for the project. Easements shall be subject to review by the City Engineers and Attorney's offices and shall be recorded against the property at the expense of the applicant. Proof of recording shall be submitted to the City prior to the release of any building permits for the project. 15. A stormwater management plan must be reviewed and found acceptable to the Middle St. Croix Watershed Management Organization prior to issuance of an excavation permit for the project. Enacted by the City Council of the City of Stillwater, Minnesota this 21St day of February, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Exhibit A Legal Description HAF GROUP ANCHITICTURE D EVELOPMENT C O N 3 T R U C T I O N ...• I i 1 1$ 1 I l I 0 HF A R C1 H I T E Cr TS A/ C N I T! C I U/ E PL A N 441440 I N T! 110 I S 030 301/141/10041 II 11111WA11MN 100MII. 1 i I 0 rAA . 1 1 . i 1 01 10 • NAr ICx 11c COU W.IACI I00M C.00/MAA IICA111C T/ O II.//OAIA1CMITICII.Il00I101 COM $TLLLWATER. H 4 .0,1.1,.. HAF GROUP ARCHITECTURE DEVELOPMENT CONETRUCTION II 1 LI IIILLWATII,MM.l11I! 1 r H. I 1 I III 1 1 6 0 HF ARCHITECTS A! C H I T I C I U I! PLANNING 1 N 1 1 1 1 O 1 1 PMo.O PAIL 111 I041111 MAIM 11 11111W•111, MN • r i 1 1 1 1 1. 0 • r 1 • 1 0 0 I• 0 WWW 11AFAIICNIIVCI. COM W W W.I ACIIOO..COM I NASA ICAI TIC TI NII P,//MAIAICHIIICTI •L0011.15I.COM 811LLWATER FAN .01111.4••1 011000. dElni HAF GROUP ARCHITECTURE DEVELOPMENT CONSTRUCTION 110.1OOIM MAIN 111111 W A I 1 M N 31011 rY i 1. 1 1 1 1 11.1 HF ARCHITECTS ASCII 1 f C 1 tiff P 1 A N N 1 N 1111110115 IMOMS 111•5 111 1o131n MAIM SI ITIIIWATII. MN 1/ 1- 1 1 1. 1 1 1 4 1 0 0 .MAIAICNIRRCIS COM W W W.I ACISOOC.COM/MAIAICMIIIC TI 11111./1115151105111411.“0.116101.40.4 STILLWATER. IFd aCMWMlA4/11 ruw 14II1 YMIOSOATIOA. HAF GROUP AICHITECTUIIE D EVELOPMENT CONSTRUCTION a]a.IOUTN MAIN.IIIIIT S l Ill W A/ l 1 M N. S S 0 a a . N.•, 1 3 51 1150 A R C H ITT E CIT S A I C N I T I C I II I I PLANNINO IN! I t 1 0 1 S na lou1N YAiN II 51111W•1511. MN .MONO 1. 1. 1 0 1 IAA. ••1 1 5 0 0,• o 11,11111“1111Ci5 COY W W W.i ACiIOO1.COM/NAIA•CNITIC tI Nt t,•//0AIA1C111 ttCl l II006101.00Y 9nLLWATER, AMI N OS 41,111 1111,011,4110m. HAF GROUP ARCHITECTURE D E V E L O P M E N T CONSTRUCTION 255.5001 .5118 51 A11N.5.10• 1 N. 1 511 III 1 1• 0 HF ARCHITECTS .0.1 .11 .11.111111 11t A RCN I T E CIO R R P L A N N 1 N C I N T E 1 1 0 ■ 5 III 10011. 0*04 T. 1110001.11. MN 11 • PAP. ♦ I 1 • M R wr CO. w www/AC11001.00.4/CrI 01 rT.//r1A121(41111C11.11001TO1'000 STILLWATER. MN 11'.5315 11..R1.1111 ws .,..... 1111. o n A,P0,..n014. 1" 691.6 EXISTING TECHBARN BUILDING TO REMAIN 1>4 EXISTING JOHNNY'S TV BUILDING TO REMAIN —SHADING INDICATES EXISTING ASPHALT TO REMAIN - PATCH AND REPAIR ANY ABUTMENTS INTO EXISTING ASPHALT - (n • O c9CP Z TA DASHED LINE IN GATES\, EXISTING TYLINA IUILDING TO BE DEMOLISHED PASSENGE'/GUEST LOADING / UNLs G AREA MAIN HOTEL ENTRY (HOTEL GUEST, COFFEE SHOP & RESTURANT ENTRANCE c3�}IE' 13Is.Ir cJ Brc ,Iort r1I2 f1'' irieya 5 o in El)PLAN NO SCALE \MAIN STREET E VY \(HOTEL GUEST, C'SFFEE SHOP & REST ' URANT ENTRANCE CONTROLLED ENTRY B3 ()CATION –ENTRANCE OPEN DURING BUSINESS`' HOURS - LOCKED AND CONTRO. LED AFTER HOURS 693.1 LAG POLE EXISTING IMAGES OF THE PAST BUILDING TO REMAIN PROPERTY LINE 52.82'S01 deg48'31"W RU 7 1. EXISTING ST. CROIX RECREATION BUILDING TO REMAIN X712.6 8 8 O 4a r COM SHADING INDICATES EXISTING ASPHALT TO REMAIN - PATCH AND REPAIR ANY ABUTMENTS INTO EXISTING ASPHALT PROPERTY LINE 7.00' N 74 deg 05' 23" E K=) 05 2'3 E 7q deg NOTE: ALL EXISTING SITE PARKING TO BE REMOVED FROM SITE AND TO BE REPLACED IN PROPOSED PARKING RAMP ALLEY EASEMENT XISTING CANDYLAND BUILDING TO REMAIN --PROPERTY LINE 1.73' N 16 deg 57' 43" W DASH: D LINE INDICATES EXISTING CONC. ALL TO BE REMOVID // // EXISTING BUILDING TO REMAIN G LARRYS FLOOD COVERING BUILDING TO REMAIN ( ARCHITECTURAL SITE PLAN - FIRST LEVEL I1" = 20'-0" PARKING INFORMATION • HOTELS / MOTELS REQUIREMENTS: CITY OF STILLWATER ONE PARKING SPACE FOR EACH UNIT, PLUS ONE FOR THE OWNER OR MANAGER ACTUAL: 64 HOTEL ROOMS & 1 MANAGER 64 + 1 = 65 PARKING STALLS REQ'D • RESTURANTS, BARS OR NIGHTCLUBS REQUIREMENTS: CITY OF STILLWATER ONE PARKING SPACE FOR EACH 120 SQ. FT. OF FLOOR AREA. (PLUS ONE-HALF OF REQUIRED PARKING FOR RELATED ACTIVITIES SUCH AS RESTAURANTS, LOUNGES AND RETAIL SHOPS) ACTUAL: 2,878 SQ. FT. /120 = 24 PARKING STALLS 24 / 2 = 12 PARKING STALLS REQ'D • PARKING STALLS ON CITY PROPERTY TO BE IN EXCHANGE FOR REPLACEMENT PARKING STALLS IN PUBLIC PARKING RAMP = 31 PARKING STALLS REQ'D (20 GENERAL PUBLIC / 11 UNDER CONTRACT - PARKING STALLS REQUIRED BY = 108 PARKING STALLS CITY OF STILLWATER ( TABLE 1106.1 - 2015 MN = 5 ACCESSIBLE ACCESSIBILITY CODE - REQUIRED ACCESSIBLE PARKING SPACES) - PARKING STALLS PROVIDED IN = 62 PARKING STALLS PARKING LOT 3 ACCESSIBLE SITE INFORMATION PROPERTY SIZE (INCLUDING CITY PARCEL) • HOTEL FOOTPRINT • PARKING LOT FOOTPRINT (INCLUDES DRIVE ISLES) • HARDSCAPE (SIDEWALKS, PATIOS, RETAINING WALLS, ETC....) = 54,485 SQ. FT. (1.25 ACRES) = 14,234 SQ. FT. = 21,537 SQ. FT. = 5,151 SQ. FT. TOTAL = 40,922 SQ. FT. SITE COVERAGE LOT COVERAGE REQUIREMENT FOR THE CITY OF STILLWATER • LOT COVERAGE PROVIDED FOR = 75% PROJECT = 80% MAX HAF GROUP ARCHITECTURE DEVELOPMENT CONSTRUCTION 2 3 3. S O U T H. M A I N. S T R E E T S T I L L W A T E R, M N. 5 5 0 8 2 P H : 6 5 1 . 3 5 1 . 1 7 6 0 HF ARCHITECTS HOEFLER ARCHITECTS LLC ARCHITECTURE PLANNING INTERIORS PHONE: FAX: 233 SOUTH MAIN ST. STILLWATER, MN 6 5 1 - 3 5 1 - 1 7 6 0 6 5 1- 4 3 0- 0 1 8 0 W W W. H A F A R C H I T E C T S. C O M WWW.FACEBOOK.COM/HAFARCHITECTS HTTP://HAFARCH IT ECT S.BLOGSPOT.COM PROJECT NORTH MAIN HOTEL STILLWATER, MINNESOTA PARKING COMMISSION AND CITY COUNCIL RE -SUBMITTAL 2/10/2017 DATE ISSUE NOTES DI -27-2017 BID PACKAGE I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. signature MICHAEL HOEFLER registration no: 24210 NOTICE: THE DESIGNS SHOWN AND DESCRIBED HEREIN INCLUDING ALL TECHNICAL DRAWINGS, GRAPHICS, AND MODELS THEREOF, ARE PROPRIETARY AND CANNOT BE COPIED, DUPLICATED OR COMMERCIALLY EXPLOITED, IN WHOLE OR IN PART, WITHOUT EXPRESS WRITTEN PERMISSION OF HAF ARCHITECTS. THESE ARE AVAILABLE FOR LIMITED REVIEW AND EVALUATION BY CLIENTS, CONSULTANTS, CONTRACTORS, AGENCIES, VENDORS AND OFFICE PERSONNEL ONLY IN ACCORDANCE WITH THIS NOTICE. ©COPY RIGHT HAP ARCHITECTS 2013. ALL RIGHTS RESERVED project no: 16-028 drawn by: MRC date: 01-27-2017 checked by: MGH SHEET INFORMATION: ARCHITECTURAL SITE PLAN - FIRST LEVEL: AS100 c1; NORTH SECOND STREET PARKING PLAN V 4 V 4 4 4 EAST M -U! BERRY STREET V 4 V II RECON RETAINING WALL 0 E0 4 V 111--112 e V 4 4 V 4 51� 4 4 ' v HAF 4 04 GROUP V . G PARKING 62 STALLS EL. VARIES 18'-0" HOTEL GUESTS DROP OFF/PICK UP • II 11 I II I IL RECON RETAINING WALL 0 TRASH 4P • 0 N 5' ie 11) AO) te II 004)p /Mr" AMMIvoA .M /AU... ®. Mrr ■ ME r I til - war => Ca Q /I 0 co 7 !=F 7-0 J a PARKING COUNT: TOTAL = 62 STALLS 3/32"=1-0" TRUE PLAN ARCHITECTURE DEVELOPMENT CONSTRUCTION 2 3 3. S O U T H. M A I N. S T R E E T S T I L L W A T E R, M N. 5 5 0 8 2 P H : 6 5 1 . 3 5 1 . 1 7 6 0 Ht;IF AR CHITECTS HOEFLER ARCHITECTS LLC ARCHITECTURE PL A NNING INTERIORS PHONE: FAX: 233 SOUTH MAIN ST. STILLWATER, MN TM 6 5 1- 3 5 1- 1 7 6 0 6 5 1- 4 3 0- 0 1 8 0 W W W. H A F A R C H I T E C T S. C O M WWW.FACEBOOK.COM/HAFARCHITECTS HTTP://H AFARCHITECTS.BLOGSPOT.COM PROJECT NORTH MAIN HOTEL STILLWATER, MINNESOTA PARKING COMMISSION AND CITY COUNCIL RE -SUBMITTAL 2/10/2017 DATE ISSUE NOTES 01-27-2017 BID PACKAGE I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. signature MICHAEL HOEFLER registration no: 24210 NOTICE: THE DESIGNS SHOWN AND DESCRIBED HEREIN INCLUDING ALL TECHNICAL DRAWINGS, GRAPHICS, AND MODELS THEREOF, ARE PROPRIETARY AND CANNOT BE COPIED, DUPLICATED OR COMMERCIALLY EXPLOITED, IN WHOLE OR IN PART, WITHOUT EXPRESS WRITTEN PERMISSION OF HAF ARCHITECTS. THESE ARE AVAILABLE FOR LIMITED REVIEW AND EVALUATION BY CLIENTS, CONSULTANTS, CONTRACTORS, AGENCIES, VENDORS AND OFFICE PERSONNEL ONLY IN ACCORDANCE WITH THIS NOTICE. ©COPY RIGHT HAP ARCHITECTS 2013. ALL RIGHTS RESERVED project no: 16-028 drawn by: MRC date: 01-27-2017 checked by: MGH SHEET INFORMATION: FIRST LEVEL FLOOR PLAN - PARKING PLAN A140 )lJ EX. STMH o RI; 721.4 TI' ' PE=717.9 m UNABLE TO MEASURE E -W INVERTS DUE TO WATER FLOW VELOCITY EX. STMH RIM=720.4 TOP PIPE=711.2 a a .4 a a t 4 • Q • 4 C• 4 .. • 4 - EX. SMH `J RIM=720.8 INV=711.4(N) INV=710.3(w4'E) I r, OE Rk SMH N,7°8 8,,S UNABLE TO MEASURE E -W INVERTS DUE TO WATER FLOW VELOCITY » » UNABLE TO MEASURE E -W INVERTS DUE TO WATER FLOW VELOCITY » = EX. STMH RIM=697.1 INV=691.0(N) -o -o EAST M U LB ERR E ET 30° VCrTER PLAN) 8" CIIP (PER PLAN) C as GAS GAS GAS eX s f„„11/,,41.-1=6 MH ""':6/58:956 36" VCP (PER PLAN) O 8" CIP (ITER PLAN) 30"RCP EX. STMH RIM=695.4 INV=687.6 10"PVC iotox814-'CB /NV 69934 — /NV,69 4 140 INV:68g (N),) EX STMH CNV . M\699 3 /NVz=692.,6NQS ) EXISTING BUILDING 8"CSA .A•• ...• •kill•. • • 46.4.7.4 *Ivo Iltiket‘01311... 741111/Sitiliti';. 24"RCP EXISTING BUILDING P:\Projects\Projects - 2016\12166138 - North Main Hotel\C. Design\Drawing Files\12166138 - C2 - Paving.dwg F \ 4 EXISTING BUILDING NOTE: MATCH EXISTING BRICK PAVER SIDEWALK SECTION BEHIND CURBLINE 4 • a . •4 a. 4.. PROPOSED BUILDING FFE = 696.60' (ARCH 100') E• x ST RSM; MN /NV -69 �• 'NV,69 5.7(W) 'NV,693 7( ) EXISTING BUILDING — — • �I II j EXISTING j BUILDING 4 4-4 4 4 4 Q 4 4 • a 44 A ° 4 (NVld 83d) d3A „ZL EX Ce R/M,690 6 2. (NVld 83d) d3A „Zl Ex S Rim,6H INV, 68:3 (NVld 63d) d13 „9 0 2211 z Ek CB .814593 .5 f SYMBOL LEGEND 1 raggifi NEW 3" BITUMINOUS PAVEMENT OVER 8" AGGREGATE BASE SEE DETAIL CITY AND MNDOT ROADWAY RESTORATION (MATCH EXISTING PAVEMENT SECTIONS) NEW BRICK PAVER SECTION NEW 4" CONCRETE PAVEMENT OVER 6" AGGREGATE BASE SEE DETAIL 71J NORTH 0 10 20 40 Z 0 1 U HAF GROUP ARCHITECTURE DEVELOPMENT CONSTRUCTION 2 3 3. S O U T H. M A I N. S T R E E T S T I L L W A T E R, M N. 5 5 0 8 2 P H : 6 5 1 . 3 5 1 1 7 6 0 H�1F ARCHITECTS HOEFLER ARCHITECTS L L C ARCHITECTURE PLANNING INTERIORS PHONE: FAX: 233 SOUTH MAIN ST. STILLWATER, MN TM 6 5 1- 3 5 1- 1 7 6 0 6 5 1- 4 3 0- 0 1 8 0 W W W. H A F A R C H I T E C T S. C O M W W W.FACEBOOK.COM/HAFARCHITECTS HTTP://H AFAR CHIT ECT S.BLOGSPOT.COM PROJECT: NORTH MAIN HOTEL STILLWATER, MINNESOTA 1..1� U~j HPC/PC SUBMITTAL Z 11/18/2016 O U 0 LL F- 0 Z >- I_L Z w 0 DATE ISSUE NOTES 11-30-2016 WATERSHED RESUBMITTAL 2/10A 2017 Revised Pa rking Lot I hereby certify that this plan, specifications or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the state of Minnesota. Date: 10.21.16 Reg. No.: project no: 12166138 drawn by: TJR date: 10-21-2016 checked by: TJR SHEET INFORMATION: PAVING PLAN C2 ))) EX. STMH RI; 721.E PE=71t9m UNABLE TO MEASURE E -W INVERTS DUE TO WATER FLOW VELOCITY N ^k STM RIM=72 ^• UNAtE TO MEASt1R TOP / E- %IN ER11SDI DOE Tp tni 4 4 • • 4 4 • 4 4 44 4 4 7179 - SMH RIM =720.8 INV=711.4(N) INV=710.3(w,}'E) a PIP 711.2 ATERI FLOW IELO'CI- /, 8 1 > '.2)011 11 T-� I I 0EX'1 Rk SM NM,7° 8,8,S E• k ST 714 1-1 INV 7, W) 167 1NV,71 9(N ", X/ 0 U 718. cb z.V 0 -13 179 12" RCP Z 0 715 -0) • 4a 4• er • A'7133 4 4. A 4 • • 4 •. 4- 712.5 714 IP PER P AN) 1 71s.1TC 7 .9Tc / 707.2 / 4.6Ci S UNABLE TO MEASURE E -W INVERTS DUE oT WATER \ EX\. STMH L W _4 RIM=69 .1 VE OCITy o IM/\=691.�(N) > 03 VCP �(P R PLAN) STrKEET 3 / / / /X / GAS / / 6AS =IS fr7 Wiilliiaffat ■■ ■■ 1. III • 716.00 712.00 TW 7 708.00 BW -- 706.00 BW/ / J I k2e�A / 706.00 TCoi1� / • 705.00 GL I I 1099 • • / fX S\ RIM, M \ OL 66g36" VCP (PER PAN) g4.4 / « G /8" CIP ('ER PLAN) 30"RCP EX. STMH M=695.4 LEGEND - - - - - 950 - - - - EXISTING CONTOURS 950 PROPOSED CONTOURS - MAJOR INT RVAL 949 PROPOSED CONTOURS - MINOR INTE VAL GRADE BREAK LINE 950.00 TC 949.11G1_ GRADE SLOPE SPOT ABBREVIATIONS: TC - TOP OF CURB GL - GUTTER LINE B - BITUMUNOUS C - CONCRETE EO - EMERGENCY OVERFLOW TW - TOP OF WALL BW - BOTTOM OF WALL (FIG) (*) - EXISTING TO BE VERIFIED 9ANV=687.66` sRss3 STC _s_ - 704.22 T 703.50 TC / 703.00 GL 704.00 TC 703.50 GL V" 694.9 I- N I I C D MW, m Z --1 m0 N m 716. / 701.60 TC 701.10 GL x 715. F 700.15 TC 699.65 GL T • 10"PVC k6g4. _ Cs /NV V 69934 -1N,690- 'W) /NV,689 (N) E) )5'694.8 \\\\\\\\\\\\\\\\\ EXISTING BUILDING -1/4-694.2 z / s 48 / 701.30 98 3.4 c W 701110 B 713- -1 )(712.6 / 7)1. 2487, v4- 4 01.7 TC 1.25 GL I\ I\ II II 700\35 C I \ 699.`5 G' 694.00 C A 692 4 / 91 / (C1:::2 692.9X 92 7 1 6 / 6g2'Tc 11 MIIIIIIMIIMINNEMENtriTIL"mmwEINSIthir: iil�liliJI■NI II Atir■■ ■■I • ■■PK II 'A ,• I s III! �M 694.00 C / TW BW 69j•6 n ( n Cg ;690 6 93.86 TW T 93.14 BW* 93.84 TS 93.26 BS 693.10 TC* I ^ 692.60 GL*/ \ -o r- 693.10 D 2. cP _N \ 694.00 C \ h \ X 7 \� u2 707.00 TW 704.50 TW ,037 702.00 TW I MAIM: 702.25 BW 702.25 BW 1.00 W PC STMH M; IN NV 695•30A,699' 3 V\6925 ,) EXISTING BUILDING 699.81 TW--- 693.5 WA 693.55 BW PROPOSED BUILDING X6963 FFE = 696.60' (ARCH 100') 92.6 693.22 T 692.72 GL* 8" 693.25 RIM LA _Aid bA%•: DPE ECT E OR 'TER )lJ EX. STMH o RI; 721.4 TI' ' PE=717.9 m UNABLE TO MEASURE E -W INVERTS DUE TO WATER FLOW VELOCITY EX. STMH \\\ RIM=720.4 UNABLE TO MEASURE TOP E -W INVERTS DUE TO PIPE=711.2 WATER FLOW VELOCITY a a • C t A ° a • 4 4 ° • a • 4 4°. 4 - EX. SMH `J RIM=720.8 INV=711.4(N) INV=710.3(wJ'E) OE 4-k ,SMH INV,7°8,8S ST 8" CIIP (PER PLAN) V 0 Q • c4S UNABLE TO MEASURE E -W INVERTS DUE TO WATER = EX. STMH FLOW RIM=697.1 VELOCITY INV=691.0(N) ERRE ET 30 VCP (PER PLAN) GAS T APPROXIMATE S ZE AND LOCATION OF UNDERGROUND STORMWATER CONTAINMENT SYSTEM >> GAS GAS ex. sMH ,41' -'695 6 36" VCP (PER PLAN) 0 8" CIP (ITER PLAN) EP - 30"RCP EX. STMH RIM=695.4 INV=687.6 10"PVC EX 3T 8"c LA R/44 MH IN NV 6699' 3 V \692 95.5(3([) EXISTING BUILDING EXISTING BUILDING P:\Projects\Projects - 2016\12166138 - North Main Hotel\C. Design\Drawing Files\12166138 - C4 - Utility.dwg A \c,027___ o----FkCB IA/1//14'-'693.4 -/NV90.4( N lNV,g0.3(, STMH-5 ,6896(N)) RIM: 695.00 INV: 689.80* 4 EXISTING BUILDING 4•° Q°• A U EX CB R1M,691 1 EX c& / 1114: 6912 STMH-2 RIM: 693.00 V: 690.40 (E) INV: 690.20 (N/S) 7117 -Dr- APPROX. LOCATION OF ROOF LEADER COORD. W/ MECHANICAL DIRECTIONAL D SANITARY SERVIC TO EXIST 12" VCP TEE AND FERNC COORDINATE CONNECTION W/ (2) 28.5" RCP SPAN ARCH PIPE @ 0.30% MECHANICAL PROPOSED BUILDING FFE = 696.60' (ARCH 100') COORDINATE CONNECTION W/ MECHANICAL F6"PVC @1.3% INLINE DRAIN RIM: 693.25 INV: 690.52 INLINE DRAIN RIM: 693.89 IN •' A . 22 LF6"PVC @1.3% 24 LF 6" PVC @ 1.3% INLINE DRAIN INLINE DRAIN RIM: 693.25 RIM: 693.25 INV: 690.84 INV: 692.20 26 LF6"PVC @1.3% INLINE DRAIN RIM: 693.25 INV: 691.18 22 LF6"PVC @2.0% INI I 47 LF 24" RCP @ 2.8% INV: 69 94")* • S TM RIMH /NV'; 700.1 695 NV 694. 7(S)) .9(N) EXISTING BUILDING - • TM.11 1 _ IM: 698.9b I (INV: (92.58 (24") ni RIM: 6932 INV: 691.62 1-7 11 LF6"PVC @1.3% it 28 LF 6" PVC @ 1.3% LL 8" r. CO AD EX• Ce R/44::-69 6 fX S RIM, 6 2. L DRIL TA CO 59 L RD 6" WIT P. . . ,._ IM: 6.4.10 „ PVC 695.45 INV: 693.00 / , ,C 1.3°/0 BUILDING EXISTING INV: 692.63 • If�1Ll Eft RD IA N RIM: 693.25 - INV: 691.96 MECH 1.3% A HDPE NNECT W/ WET C VALVE 4 4 4 4 (NVId (NVld 63d) d13 „9 Ek CB .814z'693.5 f LEGEND I A O®❑00 CTV OE UE FO T T I I I DT m UTILITY NOTES STORM MANHOLE CATCH BASIN CURB INLET FLARED END SANITARY MANHOLE HYDRANT GATE VALVE & BOX WATER SHUTOFF LIGHT POLE CABLE UNDERGROUND LINE ELECTRIC OVERHEAD LINE ELECTRIC UNDERGROUND LINE FIBER OPTIC UNDERGROUND LINE NATURAL GAS UNDERGROUND LINE SANITARY SEWER PIPE STORM SEWER PIPE TELEPHONE UNDERGROUND LINE WATERMAIN PIPE DRAINTILE PIPE 1. It is the responsibility of the contractor to perform or coordinate all necessary utility connections and relocations from existing utility locations to the proposed building, as well as to all onsite amenities. These connections include but are not limited to water, sanitary sewer, cable TV, telephone, gas, electric, site lighting, etc. 2. All service connections shall be performed in accordance with state and local standard specifications for construction. Utility connections (sanitary sewer, watermain, and storm sewer) may require a permit from the City. 3. The contractor shall verify the elevations at proposed connections to existing utilities prior to any demolition or excavation. 4. The contractor shall notify all appropriate engineering departments and utility companies 72 hours prior to construction. All necessary precautions shall be made to avoid damage to existing utilities. 5. Storm sewer requires testing in accordance with Minnesota plumbing code 4714.1109 where located within 10 feet of waterlines or the building. 6. HDPE storm sewer piping shall meet ASTM F2306 and fittings shall meet ASTM D3212 joint pressure test. Installation shall meet ASTM C2321. 7. All RCP pipe shown on the plans shall be MN/DOT class 3. 8. Maintain a minimum of 7'/2' of cover over all water lines and sanitary sewer lines. Install water lines 18" above sanitary sewers, where the sanitary sewer crosses over the water line, install sewer piping of materials equal to watermain standards for 9 feet on both sides and maintain 18" of separation. 9. Where 7'A2' of cover is not provided over sanitary sewer and water lines, install 2" rigid polystyrene insulation (MN/DOT 3760) with a thermal resistance of at least 5 and a compressive strength of at least 25 psi. Insulation shall be 8' wide, centered over pipe with 6" sand cushion between pipe and insulation. Where depth is less than 5', use 4" of insulation. 10. All watermain piping shall be class 52 ductile iron pipe unless noted otherwise. 11. See Project Specifications for bedding requirements. 12. Pressure test and disinfect all new watermains in accordance with state and local requirements. 13. Sanitary sewer piping shall be PVC, SDR -35 for depths less than 12', PVC SDR -26 for depths between 12' and 26', and class 52 D.I.P. for depths of 26' or more. 71J NORTH 0 10 20 40 Z 0 F U NORTH MAIN HOTEL STILLWATER, MINNESOTA U~j HPC/PC SUBMITTAL Z 11/18/2016 O U 0 LL F O Z >- 1_L Z I.1. HAF GROUP ARCHITECTURE DEVELOPMENT CONSTRUCTION 2 3 3. S O U T H. M A I N. S T R E E T S T I L L W A T E R, M N. 5 5 0 8 2 P H : 6 5 1 . 3 5 1 . 1 7 6 0 H�1F ARCHITECTS HOEFLER ARCHITECTS ARCHITECTURE P L A NNING INTER IOR S L L C PHONE: FAX: 233 SOUTH MAIN ST. STILLWATER, MN TM 6 5 1 - 3 5 1 - 1 7 6 0 6 5 1- 4 3 0- 0 1 8 0 W W W. H A F A R C H I T E C T S. C O M WWW.FACEBOOK.COM/HAFARCHITECTS HTTP://HAFARCHITECTS.BLOGSPOT.COM PROJECT DATE ISSUE NOTES 11-30-2016 WATERSHED RESUBMITTAL 2/10A 2017 Revised Pa rking Lot a 'a O0 L w Le) J w ca 0 0 ca J N LC) O L7) LO u7 z 2 CO J a) a) N (") CO co LC) o CO 0 o a) (7) co il -a L 1n 8) _C Q U C a) N C C, C W C 0 ;n J 0 N O I hereby certify that this plan, specifications or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the state of Minnesota. Date: 10.21.16 Reg. No.: project no: 12166138 drawn by: TJR date: 10-21-2016 checked by: TJR SHEET INFORMATION: UTILITY PLAN C4 STAFF REQUEST ITEM Department: Fire Date: February 16, 2017 DESCRIPTION OF REQUEST (Briefly outline what the request is) Approve attached proposal from Custom Fire Apparatus, Inc. for one (1) HGAC- Buy CC04 Custom Pumper, on a four door Metro Star custom chassis, with a stainless steel equipment body, 1250 GPM Waterous pump system with a FoamPro 2001, 500 -gallon water/30gallon foam booster tank, and all other equipment in accordance with the written specifications. In addition, request authorization to sell one 1997 Pierce Engine and one Ford F550 Mini pumper to the highest responsible bidder or salvage recovery agency. The funds received from the sale of these vehicles are requested to be placed back into the Fire Department's Capital funds and used to help offset costs of the new apparatus and cost for replacement equipment as needed. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Funding is available and has been allocated in the Fire Department's CIP to purchase this vehicle. Total Bid Proposal Price: *Pre -Pay Option — Subtract $ 505,579.49 $ -14.220.66 Total: $491,358.39 Recommend approval with pre -pay option to save over $14K dollars. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chief Date: February 16, 2017 AV' lJ«J2e)/7 ijBuilt For Life CustomFIRI Custom Fire Apparatus, Inc. • 509 68th Ave., Osceola, WI 54020-4044 • 715.294 2555 Fax 715.294.2168 www.customfire.com To: City of Stillwater Stillwater Fire Department Stillwater, Minnesota February 20, 2017 HGAC-BUY SALES PROPOSAL FOR FIRE APPARATUS Dear Sirs: We hereby propose and agree to furnish, after your acceptance of this proposal and the signing of a contract, the following new Apparatus and Equipment: "One (1) HGAC-Buy CCO4 Custom Pumper, on a four door Metro Star custom chassis, with a stainless steel equipment body, 1250 GPM Waterous pump system with a FoamPro 2001, 500 -gallon water/30- gallon foam booster tank, and all other equipment in accordance with the attached specifications." All of which are to be done in accordance with the Proposal specifications provided, and will be made part of the necessary contracts. PROPOSAL PRICE The above offered is made for the sum of: USD $505,579.49 (Five Hundred Five Thousand Five Hundred Seventy -Nine Dollars and 49/100 Cents), FOB Stillwater, Minnesota. NOTE: This price is per HGAC contract pricing and is inclusive of the $2,000 HGAC purchase fees. SALES TERMS A Progress Payment in the amount of $218,000.00 is due upon shipment of the Metro Star Chassis to our Factory. Full and final payment is due on day of delivery. You may pre -pay any amount of contract finds in advance of due date and earn .42% simple interest per each full calendar month until funds become due. Such earnings will be deducted from the final invoice. As an example, pre payment of $491,358.39 on or before March 1, 2017 will net a deduct of -$14,220.66 from a final invoice/delivery date of November 1, 2017. Chassis progress payment amount will cease earning interest when chassis arrives at our Factory. PROPOSAL VALIDITY DELIVERY SCHEDULE 30 Calendar Days 180 Working Days Respectfully Submitted, CUSTOM FIRE APPARATUS, INC. Jai P - sident of the Corporation 0 Built For Life CustomFiRE Custom Fire Apparatus, Inc. • 509 68th Ave., Osceola, WI 54020-4044 • 715.294.2555 Fax 715.294.2168 www.customfire.com HGAC-BUY CUSTOM PUMPER PURCHASE CONTRACT THIS AGREEMENT, Made by and between CUSTOM FIRE APPARATUS, INC. (CustOffiFIRE) of Osceola, Wisconsin, Party of the First Part, and: The CITY OF STILLWATER of Stillwater, Minnesota, Party of the Second Part, hereinafter called the BUYER. WITNESSETH, That CUSTOM FIRE APPARATUS, INC. Agrees to sell, upon the conditions which are below written, the Custom Pumper and equipment herein before described, all of which are to be in accordance with the specifications and warrantees submitted by CUSTOM FIRE APPARATUS, INC. and which are made a part of this agreement and Contract. "One (1) HGAC-Buy CCO4 Custom Pumper, on a four door Metro Star custom chassis, with a stainless steel equipment body, 1250 GPM Waterous pump system with a FoamPro 2001, 500 - gallon water/30-gallon foam booster tank, and all other equipment in accordance with the attached specifications." The BUYER agrees to purchase and pay for the aforesaid property delivered as aforesaid, the Sum of: FIVE HUNDRED FIVE THOUSAND SEVENTY-NINE AND 49/100 DOLLARS, ($505,579.49). NOTE: This price is per HGAC contract pricing and is inclusive of the $2,000 HGAC purchase fees. TERMS OF PAYMENT: A Progress Payment in the amount of $218,000.00 is due upon shipment of the Metro Star Chassis to our Factory. Full and final payment is due on day of delivery. The BUYER may pre -pay any amount of contract funds in advance of due date and earn .42% simple interest per each full calendar month until funds become due. Such earnings will be deducted from the final invoice Final payment is due on the day of delivery. The Custom Pumper will not be left at purchaser location without full acceptance and payment or prior agreement. GUARANTY: The BUYER hereby guarantees that the funds will be ready and available for transfer in the form of legal tender, a negotiable check or direct bank wire transfer when due with final payment submitted prior to placing this vehicle into emergency service. And it is further mutually agreed that no misunderstanding, verbal or written, regarding equipment or otherwise, shall enjoin CUSTOM FIRE APPARATUS, INC. unless in this contract. DELIVERY: Is to be made to; The Stillwater Fire Department at the Fire Department Headquarters within 180 Working Days, following receipt and approval of this Contract duly executed, subject to all causes beyond our control, or as soon thereafter as is consistent with good workmanship and proper finishing. LIABILITY: Physical damage to the Custom Pumper or its Monarch custom chassis will be the responsibility of CUSTOM FIRE APPARATUS. INC. on a primary basis, regardless of what other insurance is available, as long as the Custom Pumper is in the care, custody and control of same. Any componentry furnished by the BUYER, including the custom chassis, will be insured for its purchase price, by and when in the possession of CUSTOM FIRE APPARATUS. INC. Upon arrival of delivery engineer with the Custom Pumper, or upon delivery and acceptance of the same at the factory in Osceola, Wisconsin, Party of the Second Part (BUYER) does agree to provide all insurance to hold both parties harmless and free from any loss. WITNESS our hands and official seal this 1st day of March 2017. CUSTOM FIRE APPARATUS, INC. James . Kirvida President of the Corporation CITY OF STILLWATER, MN TO: FROM: DATE: RE: MEMORANDUM Mayor and City Council Shawn Sanders,Director of Public Works February 17, 2017 Feasibility Study for the 2017 Street Improvement Project Project No. 2017-02 INTRODUCTION Based on the condition of the streets as presented in the 2013 Pavement Management Plan and further review by the City staff, a feasibility study of the following streets was authorized by Council on October 16, 2012. Street reconstruction Moore Street William Street (Myrtle to Oak) South Sixth Street (Orleans to Hancock) Seeley Street (Olive to Pine) Brick Street (Olive to Pine) Hemlock Street (Olive to Pine) Grove Street (Olive to Pine) Center Street (Olive to Pine) Oak Street (Sherburne to west of Seeley Mill and Overlay Myrtlewood Court Surrey Lane Driving Park Road Benson Boulevard East Paddock Circle Trotter Court Fifth Ave S Fourth Ave S Street) Third Ave S Second Ave S Hillcrest Drive East St Louis East Burlington (Third Ave to Sixth Ave) East Dubuque (Third Ave S to Fifth Ave) In all, there are 4.3 miles of streets proposed for improvements, 2.7 miles of mill and overlay and 1.6 miles of reconstruction Most the streets selected for street reconstruction are rated in the poor category according to the Pavement Management Study. All the streets are 45 years and older and have existing curb and gutter and storm sewer system in place. The streets have numerous asphalt patched areas, have little or no cross slope for drainage. Maintenance over the years consisted of seal coats, pothole and skim patching. Soil borings on each block of the project area show that many of the streets are deficient in either pavement thickness, aggregate thickness, or both and the structural strength of the pavement section does not meet the standard of a 7 Ton design road for a residential street. . All the streets selected for mill and overlay are rated in fair condition in 2013 Pavement Management Plan. The streets are between 21-23 years in age and were constructed with adequate pavement section to support traffic for residential areas. All areas except Second Avenue South/ Hillcrest have curb and gutter. The pavement is showing show signs of deterioration, in the surface, but still has adequate structural strength so that a mill and overlay would improve the surface The concrete curb and gutter which is primarily in good condition. PROPOSED PROJECT Pavement reconstruction It is proposed that all streets in the project area would have the street section rebuilt, this would consist of removing the existing pavement, removing some or all existing base material, and reconstructing the pavement section to a 7 -Ton Design road with six inches of gravel and four inches of bituminous. The north half of Seeley and Hemlock, all of Brick and south half of South Sixth Street, where the soil borings indicate there is sufficient aggregate base, would be reconstructed with new pavement only. Whereas all the others, will have the pavement section completely reconstructed. All curbs and driveway sections that are settled, heaved, or cracked will be removed and replaced. Catch basins and manholes will be repaired where the adjustment rings or the actually structure has deteriorated or is inadequate in size. There are five galvanized water services proposed for replacement as well as one joint sanitary sewer service that would be separated. Since these streets are being reconstructed, volume control for the 0.55" of Rain is required. These are proposed to be in the form of rain gardens in various locations within the project area. Concrete sidewalks repairs are limited to intersections on Pine, Olive and Marsh, where ramps would be installed to ADA standards. Mill and Overlay All residential streets would have the top 1.5 -inches of bituminous surface milled and overlaid with 1.5 -inches of bituminous. Industrial Avenue would have a 2.0 inch mill and overlay . Settled, heaved or badly cracked curb sections and sidewalks will be replaced along with all intersection pedestrian ramps in order to meet ADA requirements. Catch basin and sanitary manholes will be looked to determine if the top section of rings need to be rebuilt. PROJECT COST AND FINANCING The total estimated cost of the project is $2,229,372.51 including design, surveying, inspection, administration, and contingencies. Pavement reconstruction -Estimated Cost: $1,399,416.26 According to the City Assessment Policy street reconstruction project are assessed 70% to the benefitting property owner and 30% from City funds. Residential properties would be assessed by the unit method and commercial and institutional properties would be assessed based on front footage. With assessments calculated as follows: Standard interior lot: 1 unit Corner lot: 0.5 units for each side reconstructed Multifamily lot: 1 unit + 0.2 units for each additional occupancy The preliminary assessment for the reconstructed streets is $7582 per unit for total reconstructed streets and $5600.43 for partially reconstructed streets. Institutional and Commercial properties would be assessed $79.49/lf and $68.48/1f, respectively. Replacement of galvanized water services and the sanitary would be assessed 100% to the benefitting property owner. The property owners with the galvanized services would pay the $2835 for the cost of the water service replacement and $3400 for the sanitary sewer service separation. Mill and Overlay -Estimated Cost: $804,025.87 According to the City Assessment Policy, mill and overlay projects are assessed 80% for residential properties and 100% for properties in the Industrial Park. In the southeast area of the project, Fourth Ave South and Burlington form Fourth Ave to Fifth Ave South Are designated as Municipal State Aid Streets. These, according to the policy would be assessed at 50%. It is proposed that all residential properties be assessed by the unit method and non-residential properties be assessed per front footage. Residential properties would be assessed based on the following: Standard interior lot: 1 unit Corner lot: 0.5 units for each side reconstructed Institutional -lineal foot frontage Industrial Park —lineal foot frontage The preliminary assessment rate for the residential properties would be $2158.13 per unit and $1348.83 per unit for properties on State Aid Roads. Non-residential properties would have an assessment rate of $23.37 per foot and the Industrial Park would have an assessment rate of $47.73 per foot. SUMMARY OF PROPOSED COSTS PROPOSED PROJECT TIMELINE November 1, 2016 February, 21 2017 March 21, 2017 April 4, 2017 May 2, 2017 June -October October 3, 2017 Authorize Feasibility Study Presentation of Feasibility Study Public Hearing/Order Improvement Approve Plans and Specs/ Authorize bids Award Contract Construct Project Assessment Hearing Assessment Rate Adj Front Footage No. of properties Asses s. Units Assessment Amount Total Reconstruction- commercial/institutional $79.49 if 2386 $189,663.14 Total Reconstruction- residential $7582/unit 94 79.5 $602,769 Partial Reconstruction- residential $5600.43/unit 31 23.6 $132,170.14 Partial Reconstruction- commercial /institutional $64.48 660 $42,688.80 Mill and overlay — Industrial Park $47.73/lf 3360 17 $160,384.19 Mill and overlay - residential $2,158.13/unit 230 217.5 $469,393.28 Mill and Overlay- State Aid $1348.83/unit 26 20 $26,976.60 Mill and Overlay -non residential $23.37/lf 988 $23,089.56 Galvanized Water Services $ 2835 /unit 5 5 $14,175 Sanitary Sewer Service $3.400/ unit 1 1 $3400 Assessment Total $1,664,709.71 City Projects Fund $564,662.8 Street Improvement Project Cost $2,229,372.51 PROPOSED PROJECT TIMELINE November 1, 2016 February, 21 2017 March 21, 2017 April 4, 2017 May 2, 2017 June -October October 3, 2017 Authorize Feasibility Study Presentation of Feasibility Study Public Hearing/Order Improvement Approve Plans and Specs/ Authorize bids Award Contract Construct Project Assessment Hearing RECOMMENDATION Since the project is feasible from an engineering standpoint and the project is cost effective, it is recommended that Council accept the feasibility report for the 2017 Street Improvement Project and order a public hearing to be held on March 21st, 2017 at 7:00PM. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion adopting Resolution No. 2017- , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2017 STREET IMPROVEMENT PROJECT, (PROJECT 2017-02). RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2017 STREET IMPROVEMENT PROJECT (PROJECT 2017-02) WHEREAS, pursuant to resolution of the Council adopted November 1, 2016, a report has been prepared by the City Engineer with reference to the 2017 Street Improvement Project; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The Council will consider the improvement of such street improvements in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $2,229,372.51. 2. A public hearing shall be held on such proposed improvement on the 21st day of March 2017, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council of the City of Stillwater this 21st day of February 2017. ATTEST: Diane F. Ward, City Clerk Ted Kozlowski, Mayor 2017 STREET IMPROVEMENT PROJECT FEASIBILITY STUDY AREA LEGEND (PROJECT TYPE) PROPOSED MILL/OVERLAY PROPOSED STREET RECONSTRUCT illwater THE BIRTHPLACE IF MINNESITA 2017 STREET IMPROVEMENT PROJECT FEASIBILITY STUDY AREA LEGEND (PROJECT TYPE) PROPOSED MILL/OVERLAY PROPOSED TOTAL RECONSTRUCT - PROPOSED PARTIAL RECONSTRUCT �►, iliwater THE IIITNPLACE IF MINNESOTA •• • -0■■■. -■■■■ ■■■■■ wort*1116 • ■mum 110 "AEU ,goer 111.11111111 Am BEN'•NG c D.E ,�'.■■ DRI.' NG P' RK RD S `REM P DDOCK IR. 11111/11111 TOTTER + . 1111111 „Or IUBUQUE ST.r r ! RUNGTON u • .LOUIS S T . MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Public Works Director/ City Engineer DATE: February 17, 2017 SUBJECT: Purchase of Sport Court for the National Guard Armory Background As part of the National Guard Armory project, an assembly space was constructed for military use. The space is to be utilized by the units for physical training, assembly on drill weekends with military vehicles brought on the premise on occasion. The floor of the assembly space was designed military use in mind and constructed with concrete. During the time of the planning of the armory, the City was interested in expanding the use of the assembly hall for the community and desired flooring more suitable for recreation use such as basketball, volleyball etc. This was fine with the National Guard, but the cost of the additional flooring was to be the cost of the City. Discussion Staff met with two sport court vendors, to discuss court options for the armory with the idea that the court had be both suitable for recreational use and to be able to withstand the use by the National Guard and its equipment and vehicles. SnapSports MN submitted the low quote of $38,078 which includes a court area of 94' X 60', underlayment, and installation of the court, striping of a basketball court, a volleyball court and three pickle ball courts. Funds were not aside in the 2017 Capital Outlay for this item, but there is funding available in the Park Dedication Fund to cover the cost. If approved, the court could be installed by the end of March Recommendation Staff recommends the purchase of the sport court from SnapSports MN in the amount of $38,078 and the approval to use monies from the Park Dedication Fund for its purchase. Action Required If Council concurs with the recommendation, they should pass a motion entitled "approval of expenditure for the purchase of Sport Court for the National Guard Armory". APPROVAL OF EXPENDITURE FOR THE PURCHASE OF SPORT COURT FOR THE NATIONAL GUARD ARMORY WHEREAS, during the time of the planning of the National Guard Armory, the City was interested and requested expanding the use of the assembly hall for the community and desired flooring more suitable for recreation use such as basketball, volleyball etc.; and WHEREAS, the National Guard approved the request however the cost of the additional flooring was to be the cost of the City; and WHEREAS, the funds for this expenditure were not included in the 2017 Capital Outlay budget; and WHEREAS, the funding source for this expenditure would be from the Park Dedication Fund; and WHEREAS, staff received two quotes and SnapSports MN submitted the low quote of $38,078 which includes a court area of 94' X 60', underlayment, and installation of the court, striping of a basketball court, a volleyball court and three pickle ball courts. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the expenditure for the purchase of Sport Court for the National Guard Armory, with funding in the amount of $38,078 from the Park Dedication Fund, is hereby approved. Adopted by the Stillwater City Council this 21St day of February, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk SNRPSPORTS' Project Owner Name: City of Stillwater Armory U 60' x 90 Indoor Gym Floor SnapSports MN will provide the following: Athletic Surface SnapSports Maple Tuffshield in Basketball court area Installation of flooring and court keeper underlayment Ramp edging on three sides Color: Black or Grey Painting two basketball arcs and borders. Color: Painting 1 Volleyball court. Color: Painting 3 Pickelball courts. Color: Total Cost: $38,078 Down payment of 50% $19,039 Remaining balance is $19,039 After meeting and deciding upon the best products for the application, the tax exempt entity agrees to the following: take title to all materials and supplies at the point of delivery, assume the risk and loss for all materials and supplies, have the responsibility for all defective materials and supplies including those incorporated into realty. PRE LIEN NOTICE (a) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS (b) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIAL FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENTS AND WHO GAVE TIMELY NOTICE. City of Stillwater SnapSports Date: Ted Kozlowski, Mayor Date: 6275 147th St W Suite 103 - Apple Valley, MN 55124 952-456-2286 www.snapsportsmn.com 0 w February 16, 2017 Shawn Sanders City of Stillwater Armory 107 Chestnut St E, Stillwater, MN 55082 Dear Shawn, SNRPSPORTS' ATHLETIC SURFACES SnapSports Revolution sports flooring is engineered and manufactured to withstand extreme vehicle rolling loads. Large vehicles such as RVs and firetrucks are not a problem for our flooring. Your vehicles, although sometimes heavier, have larger tire "footprints" which distribute the load. This flooring can also handle moderate turning while moving, but will likely fail with aggressive turning or driving. The best circumstance is to drive straight and slow across the flooring. Please contact me or Alan Mills if there is anything else we can do to assist you. Sincerely, Jeff Vance Global Sales Manager SnapSports 801.746.7555 Cc: Alan Mills MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: February 16 2017 SUBJECT: Possible Jetter/Vactor Purchase Background The Sewer Department has a 1998 Freightliner FL -80 with a Vactor 2100 Jetter/Vactor used for cleaning the city sanitary sewer mains, clearing blockages in mains cleaning of manholes and lift station and maintenance of the storm sewer system. The current jetter/vactor truck has served its useful life and operates with older technology that has become more expensive to maintain. We delayed purchase of new vactor in 2013 by spending $35,000.00 to recondition the Jetter/Vactor apparatus to get more service life, but now there are components, mainly the debris body, the cannot be repaired or replaced. Staff is proposing a purchase of a new jetter/vactor. Discussion Staff has researched and demoed three different jetter/vactor manufactures from the State Bid in different situations on both the sanitary sewer and storm sewer systems. We found that jetter/vactor setup from McQueen Equipment would be the best option for the City. McQueen Equipment price for the jetter/vactor equipment was $261,257.00.00, which includes a $40,000 trade-in on the current jetter/vactor. The truck chassis would be purchased separately on State Bid Contract from I -State Truck Center for $107,248.00. (Buying the jetter/vactor equipment and the chassis separately is $10,000.00 less than purchasing as one unit from the Jetter/Vactor manufacturer.) Additionally, it is proposed the new jetter/vactor be fitted with a new Analog/Digital radio from Ancom Communications Inc. for $1268.00 and GPS tracking from TEC Inc. for $3650.00. In all, the total of the purchase for the new jetter/vactor is $373,423. Funds for this purchase would come from the 2017 Sewer Capital Outlay Fund, where $380,000 was budgeted. Recommendation Staff recommends the purchase and installation of the Jetter/Vactor equipment from McQueen Equipment for $261,257.00.00, the truck chassis from I -state Truck Center for $107,248.00, Analog/Digital radio from Ancom Communications Inc. for $1268.00 and GPS tracking from TEC Inc. for $3650.00. _ 1 1 ri 7 v2' l 7 otoS 0 T vita January 31, 2017 Stillwater Hockey Day MN Organizing Committee Tony Novalany 13406 10th Street S. Afton, MN 55001 CRAIG i EII'OED OWNER AND CHAIRMAN Dear Tony and your entire Team at the Stillwater Organizing Committee On behalf of the Minnesota Wild organization and our tans, I want to congratulate you and extend our gratitude for the amazing event that you produced for Hockey Day Minnesota 2017 at Lowell Park. You started with a beautiful setting and made it a celebration of hockey the entire state could enjoy! I enjoyed the weekend along with the rest of the State of Hockey...from the Friday night featured games (including my coaching debut!) and right through Saturday's high school match ups. We'll never forget that you and your team put in so much great work for a full year in advance of the weekend to make it all happen. During that time, you rallied an entire St. Croix Valley community to get behind the efforts. It was clear from the many smiling faces of the volunteers that you've created a lasting memory for your town and region as well. We couldn't be happier for your outcome and appreciate your leadership. Take pride in a job very well done! Sincer Craig Leipo Cc: Tom Sagissor 317 WASHING ION SIREFI. AAIN1 1'AUI..MN. 55102 1 651.602.0001 1 FAX 651.3 t 2.3 U) 1 EMAII CLEII'OLL WILU.co i COUntY Board of Commissioners BOARD AGENDA FEBRUARY 21, 2017 - 9:00 A.M. Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, Chair, District 5 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 orfrmction 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 secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city ofresidence, and present your comments. Your comments must be addressed exclusively to the Board Chair and thefull Board or 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 becomes redundant, repetitive, overly argumentative, orifit is not relevant to an issue that is part of Washington County's Responsibilities. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Library — Keith Ryskoski, Director Resolution - Accept a Donation from the RAFT Foundation in the Amount of $30,000 5. 9:15 Public Works —Wayne Sandberg, County Engineer A. Resolution - Accept Donation of $21,000 from A.R. Kircher Trust for the Historic Courthouse Restoration Fund B. Resolution — Request Design Standards Variance from the Minnesota Department of Transportation for the County State Aid Highway 13 Pavement Management and Safety Improvement Project in the Cities of Oakdale and Lake Elmo 6. 9:25 General Administration — Molly O'Rourke, County Administrator Legislative Updates 7. 9:35 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. 8. Board Correspondence 9. 9:50 Adjourn 10. 9:55-10:40 Board Workshop with the Library— Keith Ryskoski, Director Discuss the Library Strategic Plan Related to the Use of Professional Analytics, Implementation and Marketing Services with the County Board 11. 10:45-11:30 Board Workshop with Public Works — Jan Lucke, Transportation Manager Review Draft Resolution for Dissolution of Counties Transit Improvement Board and Draft 993 Capital Plan 12. 11:35-12:35 Board Workshop with Metropolitan Council — Molly O'Rourke, County Administrator and Jan Lucke, Transportation Manager Meeting with Metropolitan Council Representatives Assistive listening devices are available for use in the County Board Room r,h eCrear„Pxy.n r,.� ,..y r,,,.,a. rf•xea e&P tfi511 Ain ArYYI EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * FEBRUARY 21, 2017 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of February 7, 2017 County Board Meeting Minutes. Property Records and Taxpayer Services Public Health and Environment B. Approval of memo developed by Washington County and the Community Development Agency staff providing comments to Baytown Township on their draft 2040 comprehensive plan. C. Approval to appoint Tom Bishop, Oakdale, to the Disabled Veterans Rest Camp Association Board to a first term expiring December 31, 2019, and approval to appoint Arnold Zach, Lake Elmo, to the Disabled Veterans Rest Camp Association Board to a partial first term expiring December 31, 2018. D. Approval of application to issue an Off -Sale Intoxicating Liquor License from CAP Operations, Inc., doing business as Point Liquors at 12370 Point Douglas Road, Hastings, MN 55033. E. Approval of resolution to support an application by the Washington Conservation District to the Board of Water and Soil Resources for a planning grant under the One Watershed One Plan framework. F. Approval to enter into an agreement with the Minnesota Board of Water and Soil Resources to accept Clean Water Fund grant dollars for two priority projects in the county Groundwater Plan. Public Works G. Approval of a house lease extension with Lois E. Grundhofer for the period of March 1, 2017 through February 28, 2018. 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. Assistive listening devices are available rause in the Ceenfy Board Room u I.," ....A ...r.,..,.....r..a I A.,e11,14,,,,,, ,y..,.nI i.,..;.., egt&e: ,.se 1t.14een VW] EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Was Cotwity 1. 9:00 Roll Call Pledge of Allegiance BOARD AGENDA ard of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, Chair, District 5 FEBRUARY 14, 2017 - 9:00 A.M. 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or "Unction of Washington County Government, whether ot 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/a the County Board secretary 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 fill Board ofCommissioners. 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 becomes redundant, repetitive, overly argumentative, or if it is not relevant lo an issue that is part of Washington County's Responsibilities. 3. 9:10 Consent Calendar – Roll Call Vote 4. 9:10 Community Services – Sarah Amundson, Division Manager & Deborah Eckberg, Citizen Review Panel Chair 2016 Annual Report of the Child Protection Citizen Review Panel 5. 9:20 Public Works – Wayne Sandberg, County Engineer A. Resolution - Approval of Funding Commitment for Project Development Phase of the Gateway Gold Line Bus Rapid Transit Project - Jan Lucke, Transportation Manager B. Approval of Work Order with the Minnesota Department of Transportation Cultural Resources Unit for $100,000 for Work on the Gateway Corridor — Lyssa Leitner, Senior Planner C. Approval of Change Order #2 to Contract #10459 with Pump and Meter Service, Inc. for $38,533.44 for the North Shop Fueling Island Upgrades – Wayne Sandberg, County Engineer D. Approval of Amendment No. 3 to Contract #9186 with WSB & Associates, Inc. for $150,000 for Supplemental Project Management Services – Wayne Sandberg, County Engineer E. Approval of Contracts with Erickson Engineering Co., LLC and Collins Engineers, Inc., each in an Amount Not to Exceed $75,000 for Structural Engineering Services – Frank Ticknor, Design Engineer 6. 10:00 General Administration – Molly O'Rourke, County Administrator A. Resolution – 2016 Fourth Quarter Donations B. Legislative Updates 7. 10:10 Commissioner Reports – Comments – Questions This period of time shall be used by the Commissioners to report to the fill 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 fitture board meeting. 8. Board Correspondence 9. 10:25 Adjourn 10. 10:50-11:20 Board Workshop with Community Services –Therese Gilbertson, Social Services Supervisor Discuss the Homeless Outreach Services in Community Services 11. 11:25-11:55 Board Workshop with Public Health & Environment – Nikki Stewart, Environmental Program Coordinator Discuss the Washington County Waste Management Master Plan Revision 12:00 Finance Committee Meeting Assistive listening devices are available for use In the County Board Room g rm. r rrf reamer. tn. efi•Jdurt. ere !mow milp 5...._. p.15 ro 06:IL EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * FEBRUARY 14, 2017 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of January 24, 2017 County Board Meeting Minutes. Property Records and Taxpayer Services Public Works B. Approval to appoint Virginia Pleban, Lake Elmo, to the Parks and Open Space Commission to fill the District 3 position to a first term expiring December 31, 2019. C. Approval to appoint Kathryn Warkel, Scandia, to the Mental Health Advisory Council representing a Child Mental Health Professional, to a first term expiring December 31, 2019. D. Approval to appoint Glen Bearth, Oakdale, to the Parks and Open Space Commission to fill the District 2 position to a first term expiring December 31, 2019. E. Approval to appoint Ellie Anderson, Woodbury, to the Parks and Open Space Commission to fill a District 5 position to a first term expiring December 31, 2019. F. Approval of the plat of Erin Glen in Denmark Township. G. Approval of work orders # 8 and #9 and resolution to authorize final payment in the amount of $57,589.05 to Bituminous Roadways, Inc. for completion of County State Aid Highway 10 Road Construction Project. H. Approval of Grant Agreement between Counties Transit Improvement Board and Washington County in the amount of $225,000 for the period January 1, 2017 to December 31, 2017, and authorize its execution pursuant to Minn. Stat. 373.02. I. Approval of Grant Agreement between Counties Transit Improvement Board and Washington County in the amount of $135,000 for the period January 1, 2017 to December 31, 2017, and authorize its execution pursuant to Minn. Stat. 373.02. J. Approval of resolution to authorize final payment in the amount of $48,263.75 to Park Construction Company for completion of the Trunk Highway 97 and County Road 91 Intersection Improvement Project. 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, Assistive listening devices are available for use fn the County Board Room Aue e...s: e.nN.rr Est,r,w J., mar plc.. sa ....JO M511 Ali, anm EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER