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2/21/2023 - City Council - Regular - Agendas CITY OF SPRING PARK CITY COUNCIL AGENDA FEBRUARY 21, 2023 — 6:30 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 2A. Oath of Office-Horton 3. APPROVAL OF AGENDA 4. PUBLIC COMMENT 5. REQUESTS&PRESENTATIONS 6. CONSENT AGENDA a. Approve Regular City Council&Work Session Minutes from January 17,2022 b. Approve Claims for Payment: Feb. 6 and Feb 21,2023 c. Approve Special Event#23-02 SPEV-Tour de Tonka d. Approve Special Event#23-03 SPEV-Best Buy Charity Classic e. Approve Special Event#23-04 SPEV-Denny'Super 30 Bass Tournament f. Approve Certificate to Practice Message Permit—Ivelle Loghan,Skingevity Spa g. Approve HCRRA Easement Agreement(West Arm Project) 7. ACTION AGENDA a. Resolution#23-12—joint Powers Agreement&JPA Amendment b. City of Orono-Public Works Contract Amendment 8. REPORTS a. Mayor& Council b. Staff 9. ANNOUNCEMENTS/MISCELLANEOUS (INFORMATION ONLY" a. March 6,2023—City Council Regular Meeting—6:30PM b. March 8,2023—Planning Commission Meeting—6:OOPM c. March 20,2023—City Council Work Session—5:30PM d. March 20,2023—City Council Meeting—6:30PM 10. ADJOURNMENT *The Consent Agenda lists those items of business which are considered to be routine,recommended for approval,and/or which need no discussion. The several separate items listed on the Consent Agenda are acted upon by one motion.There will be no separate discussion of these items unless a Council Member makes a request,in which event the item will be removed from the Consent Agenda and placed elsewhere on the regular agenda for Council discussion and action. **Under Public Comment,individuals may address the City Council about any item not contained on the regular agenda.Each speaker should keep their statements to three minutes to allow sufficient time for others.The Council will take no official action on items discussed at the forum,with the exception of referral to staff for future report. CITY OF SPRING PARK CITY COUNCIL MINUTES JANUARY 17, 2023 — 6:30 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER The meeting was called to order at 6:30 p.m. Council: Council Member's Chase, Hoffman,and Sippel were present. Council Member Horton was absent. Staff: City Administrator Anderson,City Attorney Murphy, and City Planner Johnson 2. PLEDGE OF ALLEGIANCE Mayor Rockvam led the audience in the Pledge of Allegiance. 2b. OATH OF OFFICE (Horton,Sippel,Rockvam):Mayor Rockvam and Council Member Sippel took their Oaths. 3. APPROVAL OF AGENDA Council Member Hoffman motioned, being seconded by Council Member Chase, to amend the agenda moving item 6e under the Consent Agenda to before item 7a. under the Action Agenda. On vote being taken, the motion was unanimously approved 4. PUBLIC COMMENT: none 5. REQUESTS&PRESENTATIONS a. Introduction of City Attorney Joseph Murphy (CCS): City Attorney Murphy introduced himself and his firm and stated who his firm represents. 6. CONSENT AGENDA a. Approve Regular City Council&Work Session Minutes from December 19,2022 b. Approve January 3,2023 -Claims for Payment c. Approve January 17,2023 -Claims for Payment d. Approve Business and Message License Renewal for Skingevity Spa e. Approve Sunset Access Encroachment Agreement f. Approve THC License-Back Channel Brewery g. Approve Back Channel Special Event—Electric Snow Globe—January 21,2023 h. Resolution#23-06 -Naming Official Newspaper i. Resolution#23-10 -Electronic Funds Transfer j. Resolution#23-11 -Designating Annual Polling Places Council Member Hoffman motioned, being seconded by Council Member Sippel, to approve the Consent Agenda as presented. On vote being taken, the motion was unanimously approved. 7. ACTION AGENDA: Item 6e (moved down from the Consent Agenda) The property owner of 4000 Sunset Drive,Joe Cheney,reviewed the improvements he is making to his property using the Lot Line Exhibit provided in the Council packet as his guide. He stated he would be building a retaining wall at the end of his property that sits higher than the ROW access and removing rocks and pavers that were that were on the lot line along with moving the stair landing so that it was at an angle and not encroach on the ROW. It was requested by Council that either by a separate narrative or made part of the encroachment agreement that the improvements discussed would be clearly stated. Cheney stated his attorney would send to City Attorney Murphy. City Administrator Anderson said the language was included in the agreement, so it wasn't needed. Cheney stated he might want to erect a fence between the lake access and his property although no plans or surveys for the fence were reviewed or included. Council Member Hoffman stated the intent to remove the retaining wall and stairs should be clearly stated in either the encroachment agreement or on the permit. Council Member Hoffman motioned, being seconded by Council Member Chase, to approve item 6e, the Sunset Access Encroachment Agreement and Exhibits. On vote being taken, the motion was carried 314. Council Member Sippel abstained. City Planner Lori Johnson introduced herself,her background, and her planning experience to Council and then moved forward to review the conditional use permits for Olson Global (The Yacht Club,4165 Shoreline Drive). She recapped each CUP, the details for their use, the multiple previous hearings,planning commission meetings,the actions taken along with multiple pieces of information that has been submitted to address the concerns brought forward. She stated all concerns had been addressed except for three items which were the retail use,loading spaces, and the non-conforming use of the parking lot. She stated the retail use is for coffee,essentials,and branded merchandise for hotel guests and will be owned by the hotel- it was determined this did not require a conditional use permit. For the loading spaces, the size was a concern however the applicant stated they can use smaller trucks to meet the requirements. Additionally,it was determined after ordinance review by City Planner Johnson that 2 spaces are required for loading and 2 are provided. Regarding the nonconforming parking lot,Planner's Brixius already stated the lot does not need to be brought into total compliance- City Planner Johnson reviewed Alan's information and summary and confirmed that the parking meets all code requirements. The plunge pool has been removed from the plans. The applicant can apply later via a variance or CUP if desired,but per the DNR it cannot encroach into the setback. City Planner Johnson commented that the concerns stated in Alisa Butler's letter have been addressed with some falling under the purview of the LMCD and DNR. The applicant is responsible for working with those agencies to address any issues. City Planner Johnson recommended that conditions 4,5,6 & 8 of 23-07 and 2,3,5,& 6 of 23-08 are removed as they are no longer relevant due to the new parking plan that was submitted on 1-11-2023. a. Resolution 23-07:Approving Conditional Use Permit(Hotel) Council Member Sippel motioned, being seconded by Council Member Hoffman, to approve Resolution 23-07 with the conditions and language set forth stating the applicant will comply with all City Ordinances of the City of Spring Park before any certificate of occupancy is issued. Additionally, illegal trespassing or parking on private property will include employees. It was further agreed that conditions 4, 5, 6 and 8 can be removed as they are no longer relevant due to the new parking plan that was submitted by the applicant on 1-11-2023. On vote being taken, the motion was unanimously approved. On roll call- Hoffman-yes, Sippel-yes, Chase-yes, Rockvam-yes b. Resolution 23-08: Approving Conditional Use Permit (Restaurant) Council Member Sippel motioned, being seconded by Council Member Hoffman, to approve Resolution 23-08 with the conditions and language set forth stating the applicant will comply with all City Ordinances of the City of Spring Park Gefore any certificate of occupancy is issued. Additionally, illegal trespassing or parking on private property will include employees. It was further agreed that conditions 2, 3, 5, and 6 can be removed as they are no longer relevant due to the new parking plan that was submitted by the applicant on 1-11-2023. On vote being taken, the motion was unanimously approved. On roll call- Hoffman-yes, Sippel-yes, Chase-yes, Rockvam-yes. c. Resolution 23-09: Approving Conditional Use Permit (Outdoor Dining) Council Member Hoffman motioned, being seconded by Council Member Chase, to approve Resolution 23-09 with the conditions and language set forth stating the applicant will comply with all City Ordinances of the City of Spring Park before any certificate of occupancy is issued. On vote being taken, the motion was unanimously approved. On roll call- Hoffman-yes, Sippel-yes, Chase-yes, Rockvam-yes. d. Approve City Appointments for 2023 Council Member Chase motioned, being seconded by Council Member Hoffman, to approve the Appointments for 2023 as follows: Acting Mayor- Council Member Hoffman,Administrative Committee- Council Member Chase, Police Commission Alternate- Council Member Hoffman, LMCC- Council Member Sippel. On vote being taken, the motion was unanimously approved. 8. REPORTS a. Mayor&Council: Council Member Sippel commented that the amount of salt used should be cut in asked if there is anything we can do to reduce it. City Administrator Anderson stated he would check with Larson on both salt and knocking down some of the snow at the street corners that is causing difficulty seeing and safety issues. b. Staff: none 9. ANNOUNCEMENTS/MISCELLANEOUS (INFORMATION ONLY a. February 6,2023 -City Council Regular Meeting—6:30PM b. February 8,2023 -Planning Commission Meeting—6:OOPM c. February 21, 2023—City Council Regular Meeting—6:30PM d. February 21,2023—City Council Work Session—5:30PM 10. ADJOURNMENT There being no further discussion, Council Member Hoffman motioned, being seconded by Council Member Chase, to adjourn the meeting at 8.29p.m. On vote being taken, the motion was unanimously approved. Respectfully submitted, Jamie Hoffman,City Clerk CITY OF SPRING PARK WORK SESSION MINUTES JANUARY 17, 2023 — 5:30 PM SPRING PARK SPRING PARK CITY HALL On Lake 9tinnetonka (Work Session discussion times are approximate) 1. 5:30: Official Appointments Council Member Hoffman,Acting Mayor,Council Member Chase,Administrative Committee,Police Commission Alternate,Hoffman, Council Member Sippel,LMCC. City Administrator Anderson will check with Bruce Williamson on whether he can continue as the resident representative for the LMCC. 2. 5:40: Back Channel Donation Discussion (Chase) Council Member Chase brought forward that Back Channel Brewing had been looking for ways to support the city and stated they wanted to donate a percentage of their profits from their community nights to be used for the park improvements. Mayor Rockvam thought it was great idea but shared his concerns about the perception that could occur. City Attorney Murphy stated the concerns are valid however it is within the City's discretion whether to accept the funds and within the donator's discretion as to where they earmark it to go. City Administrator Anderson will work with Back Channel on the details and prepare a Resolution for Attorney &Council approval. Anderson will also follow up with The Lions on the proceeds for the pull tabs at Lord Fletcher's. 3. 5:50: 2023 City Council Goals&Expectations City Administrator Anderson reviewed his 2023 goals which included upgrading the tennis courts,completing Black Lake Road and West Arm Road West,addressing the nuisance properties,the Sea Note,and getting the joint trench Ordinance and easements in place ahead of the Sunset Drive project. Council Member Chase asked how it was going with MNSPECT on code enforcement. City Administrator Anderson stated no issues. Council Member Chase also wanted confirmation that we are proactively addressing all code violations,not just those we are receiving on a complaint basis. Council Member Chase also stated he wanted to see the park improvements completed and wanted continued financial oversight by staff. Council Member Hoffman stated he wanted more staff empowerment for decision making and a continued effort to find efficiencies in current work processes. Mayor Rockvam recommended we look at sourcing for a new auditor based on various reasons,Council Member Hoffman seconded the recommendation. 4. 6:00: Miscellaneous/Sunset Rd Naming Mayor Rockvam suggested we name the Sunset access road Lake Street. Council Member Hoffman stated we need a street name for safety purposes and emergency rescue identification. All agreed. Council Member Sippel asked what the process/cost was for naming a street. City Administrator Anderson will research and bring back to Council. The Sunset Drive Project open houses are set to begin in February. Hennepin County will host and the first one will be virtual on Feb. 21 from 7:00—8:30. Council Member Chase reiterated the importance of getting the joint trench agreement and easements in place right now based on the experience we have from the other roads. He also asked if Hennepin County would be coming to Spring Park to meet with Council to discuss the road design,timing,etc. City Administrator Anderson stated that he would check. Mayor Rockvam asked if the county was aware that we want the utilities undergrounded,Anderson stated they were. Rockvam also requested that DJ be involved with the project. 5. 6:30: Adjourn After no further discussion,Mayor Rockvam made a motion,being seconded by Council Member Sippel,to adjourn the Work Session. On vote being taken, the meeting was adjourned. City of Spring Park 02/21/23 Staff Payroll Checks#33168-33216 and EFT Payments Check# Employee/Council Name Check Amount Check Date 5988 Anderson,Mike D. $2,912.07 1/31/2023 5989 Hoffman,Jamie K. $2,601.02 1/31/2023 5990 Xion ,Patria $2,133.32 1/31/2023 Sub Total $7,646.41 5996 Anderson,Mike D. $2,912.07 2/15/2023 5997 Hoffman,Jamie K. $2,375.20 2/15/2023 5998 Xion ,Patria $1,982.99 2/15/2023 Sub Total $7 270.26 5991 Chase,Mark $277.05 1/31/2023 5992 Hoffman,Jeff $277.05 1/31/2023 5993 Horton,Pam $277.05 1/31/2023 5994 Rockvam,Jerry $369.40 1/31/2023 5995 Si el,Douglas $277.05 1/31/2023 Sub Total $1,477.60 Electronic Misc.Disbursements EFT#30918 PERA Employer Payroll Payment for 01/15/2023 $1,811.47 1/17/2023 EFT#30919 FICA Employee/Employer Payroll WithholdingTaxes for 01/15/2023 $1,280.38 1/17/2023 T#EF 30920 Jan.23'PSN monthlyfee for(Payment Services Network $139.95 1/4/2023 EFT#30921 Dec.22'Sales&Use Taxes collected-3rd tr.Bus.UtilityPayments $31.00 1/17/2023 EFT#30922 4th tr.2022 State Surcharge $259.09 1/17/2023 EFT#30923 Pitney Bowes Posted a $400.00 1/4/2023 EFT#30924 PERA Employer Payroll Payment for 01/31/2023 $1,444.44 2/1/2023 EFT#30925 FICA Employee/Employer Payroll Withholding Taxes for O1/31/2023 $2,379.86 2/1/2023 EFT#30926 Jan.23'Health Partners Insurance Premium $4,469.12 1/31/2023 EFT#30927 Jan.23'Em to ee State Payroll Withholding Taxes $929.83 2/1/2023 EFT#30928 Feb.23'Optum Bank-HSA Deposit for Employees $1,000.00 2/1/2023 EFT#30929 Feb.23'Sun Life LTD Insurance Premium $58.14 1/31/2023 EFT#30930 MSRS Payroll Payment for Mike Anderson O1/31/23 $157.66 1/31/2023 EFT#30931 PERA Employer Payroll Payment for 02/15/2023 $1,362.40 2/17/2023 EFT#30932 FICA Employee/Employer Payroll Withholding Taxes for 02/15/2023 $1,981.78 2/17/2023 EFT#30933 Feb.23'PSN monthly fee for(Payment Services Network $139.95 2/3/2023 EFT#30934 Jan.23'Wells Fargo Monthly Bank Charge $25.31 2/13/2023 EFT#30935 Jan.23'Sales&Use Taxes collected-4th.Qtr.Bus.Utility Payments $13.00 2/17/2023 EFT#30936 MSRS Payroll Payment for Mike Anderson 02/15/23 $142.79 2/17/2023 Sub Total $18,026.17 Claims:Ck#33168-33216 $192,799 65 01/26/23& 02/16/23 TOTALS $227,220.09 CITY OF SPRING PARK 02/16/234:35 PM Page 1 *Check Summary Register© Batch:012423PAY Name Check Date Check Amt 10100 Wells Fargo Bank NA 33168 CITY OF BLOOMINGTON 1/26/2023 $22.00 Dec.2022 Water Testing Fees 33169 CORE&MAIN LP 1/26/2023 $4,718.65 Purchase of 5 radio readers 33170 FIVE TECHNOLOGY,INC. 1/26/2023 $680.00 Dec.2022-Jan 2023 Tech Support to fix IP ad 33171 GOPHER STATE ONE-CALL 1/26/2023 $50.00 2023 Annual Facility Operator Fee for Locates 33172 HAWKINS,INC. 1/2 612 0 2 3 $2,471.32 Purchased Chemicals for WTP 33173 HENNEPIN COUNTY TREASURE 1/26/2023 $168.20 2023 Fee for Mailing Truth&Taxation Notices 33174 HENNEPIN COUNTY TREASURE 1/26/2023 $838.56 TIF Administration Costs for Tax Payable Year 33175 MARK HODGES 1/26/2023 $60.00 Recording services for Spring Park Work Sessi 33176 HOLTON ELECTRIC CONTRACT 1/26/2023 $433.63 Replacement of lamps and checking of streetlig 33177 KENNEDY&GRAVEN,CHARTER 1/26/2023 $4,428.88 Dec.2022 Legal Services for Yacht Club Matter 33178 LARSON LAWNSCAPE,INC. 1/26/2023 $37,922.50 Nov.22'Roads&City Hall Snow Removal 33179 MEDIACOM,LLC 1/26/2023 $760.86 Internet Services 01/11/23-02/10/23 33180 MN DNR ECO-WATER-RES 1/26/2023 $759.91 2022 MN DNR-Annual Report of Water Use F 33181 CITY OF MOUND FINANCE DEPT. 1/26/2023 $43,112.00 2023 1st Qtr.Contracted Fire Service&Protecti 33182 NORTHWEST ASSOC.CONSULT. 1/26/2023 $4,024.90 Dec.22'Planning Services-Yacht Club CUP 33183 OPTUM BANK 1/26/2023 $22.50 Nov/Dec 22'&Jan 23'HSA Employee Monthly 33184 SAMBATEK, INC. 1/26/2023 $409.25 Engi.Fees for Shoreline Drive Utility Repairs 1 33185 CITY OF SPRING PARK 1/26/2023 $69.53 4th Qtr.2022-City Hall 33186 SCSU WELCOME CENTER 1/26/2023 $660.00 2023 MCFOA Annual Conference Fee for Jami 33187 THE STANDARD INSURANCE CO 1/26/2023 $5.10 To record&pay Feb.23'Life Insurance Premiu 33188 VALLEY-RICH CO INC 1/26/2023 $6,941.36 Sew main break at 4000 Sunset Drive on 11/08 33189 XCEL ENERGY 1/26/2023 $3,086.57 Electric Usage for Unit X-Mas Lights 11/22/22-1 Total Checks $111,645.72 CITY OF SPRING PARK 01/27/23 11:05 AM Page 1 *Check Detail Register© Batch:012423PAY Check# Check Date Vendor Name Amount Invoice Comment 10100 Wells Fargo Bank NA 33168 01/26/23 CITY OF BLOOMINGTON E 601-49400-306 Testing Fees $22.00 21718 Dec.2022 Water Testing Fees Total $22.00 33169 01/26/23 CORE&MAIN LP E 601-49400-201 Meters&Supplies $898.65 R763913 Purchase of 5 radio readers E 601-49400-201 Meters&Supplies $1,320.00 S131172 Purchase of 8 water meters E 601-49400-310 Contracted Services $2,500.00 S152527 Sensus Annual Support Contract 02/25/23-02/24/24 Total $4,718.65 33170 01/26/23 FIVE TECHNOLOGY,INC. E 101-41500-330 IT Technology Support $440.00 P238-59 Dec.2022-Jan 2023 Tech Support to fix IP address with OPG3 and VoIP issues E 601-49400-330 IT Technology Support $120.00 P238-59 Dec.2022-Jan 2023 Tech Support to fix IP address with OPG3 and VoIP issues E 602-49450-330 IT Technology Support $120.00 P238-59 Dec.2022-Jan 2023 Tech Support to fix IP address with OPG3 and VoIP issues Total $680.00 33171 01/26/23 GOPHER STATE ONE-CALL E 601-49400-310 Contracted Services $25.00 2023 Annual Facility Operator Fee for Locates E 602-49450-310 Contracted Services $25.00 2023 Annual Facility Operator Fee for Locates Total $50.00 33172 01/26/23 HAWKINS,INC. E 601-49400-216 Chemicals and Chem Pro $2,471.32 6373687 Purchased Chemicals for WTP Total $2,471.32 33173 01/26/23 HENNEPIN COUNTY TREASURER E 101-41550-310 Contracted Services $168.20 011123 2023 Fee for Mailing Truth&Taxation Notices Total $168.20 33174 01/26/23 HENNEPIN COUNTY TREASURER E 101-41500-439 Other-TIF $838.56 17-2022-AC TIF Administration Costs for Tax Payable Year 2022 Total $838.56 33175 01/26/23 MARK HODGES E 101-41100-109 Recording Service $60.00 1-1072023 Recording services for Spring Park Work Session 01/17/23 Total $60.00 33176 01/26/23 HOLTON ELECTRIC CONTRACTORS,LLC E 101-43100-227 Street Light Repairs $433.63 5267 Replacement of lamps and checking of streetlights Total $433.63 33177 01/26/23 KENNEDY&GRAVEN,CHARTERED E 101-41600-304 Legal Fees $405.00 172210A Dec.2022 Legal Services for Yacht Club Matters E 101-41600-304 Legal Fees $3,303.88 172210B Dec.2022 Legal Services for General Municipal Matters E 101-41600-304 Legal Fees $720.00 172210C Dec.2022 Legal Services for 4000 Sunset Drive Lot Line CITY OF SPRING PARK 01/27/23 11:05 AM Page 2 *Check Detail Register© Batch:012423PAY Check# Check Date Vendor Name Amount Invoice Comment Total $4,428.88 33178 01/26/23 LARSON LAWNSCAPE,INC. E 101-43101-309 Snow Plowing-Streets $2,116.25 78499A Nov.22'Roads&City Hall Snow Removal E 101-43101-318 Street Salt-Sanding $3,737.50 78499B Nov.22'Salt Application E 101-43101-307 Snow Removal-Sidewalk $2,415.00 78499C Nov.22'Sidewalk/Trail Snow Removal E 101-43101-307 Snow Removal-Sidewalk $7,600.00 78500A Dec.22'Sidewalk/Trail Snow Removal E 101-43101-318 Street Salt-Sanding $8,347.50 78500B Dec.22'Salt Application E 101-43101-309 Snow Plowing-Streets $13,706.25 78500C Dec.22'Roads&City Hall Snow Removal Total $37,922.50 33179 01/26/23 MEDIACOM,LLC E 101-42000-324 Internet Service $253.62 012523 Internet Services 01/11/23-02/10/23 E 601-49400-324 Internet Service $253.62 012523 Internet Services 01/11/23-02/10/23 E 602-49450-324 Internet Service $253.62 012523 Internet Services 01/11/23-02/10/23 Total $760.86 33180 01/26/23 MN DNR ECO-WATER-RES E 601-49400-299 Admin Expenses $759.91 012423 2022 MN DNR-Annual Report of Water Use Fee Total $759.91 33181 01/26/23 CITY OF MOUND FINANCE DEPT. E 101-42260-310 Contracted Services $43,112.00 00002532A 2023 1st Qtr.Contracted Fire Service&Protection Total $43,112.00 33182 01/26/23 NORTHWEST ASSOC.CONSULT.,INC E 101-41900-310 Contracted Services $3,419.30 26149-1 Dec.22'Planning Services-Yacht Club CUP E 101-41900-310 Contracted Services $305.60 26149-2 Dec.22'Planning Services-General E 101-41900-310 Contracted Services $300.00 26150 Dec.22'Planning Services-Meetings Total $4,024.90 33183 01/26/23 OPTUM BANK E 101-41500-437 Other Miscellaneous $22.50 0001399313 Nov/Dec 22'&Jan 23'HSA Employee Monthly Service Fee Total $22.50 33184 01/26/23 SAMBATEK,INC. E 201-43100-529 Black Lake Rd Feasibility $332.00 23637 Engi.Fees- Black Lake Road 12/11/22-12/31/22 E 101-43100-303 Engineering Fees $25.75 23653 Engi. Fees for Shoreline Drive Utility Repairs 12/11/22-12/31/22 E 601-49400-303 Engineering Fees $25.75 23653 Engi. Fees for Shoreline Drive Utility Repairs 12/11/22-12/31/22 E 602-49450-303 Engineering Fees $25.75 23653 Engi. Fees for Shoreline Drive Utility Repairs 12/11/22-12/31/22 Total $409.25 33185 01/26/23 CITY OF SPRING PARK E 101-45200-381 Utilities/Electric/Gas $69.53 011023 4th Qtr.2022-City Hall Total $69.53 33186 01/26/23 SCSU WELCOME CENTER E 101-41500-433 Membership/Dues/Edu $355.00 2023 MCFOA Annual Conference Fee for Jamie Hoffman CITY OF SPRING PARK 01/27/23 11:05 AM Page 3 *Check Detail Register© Batch:012423PAY Check# Check Date Vendor Name Amount Invoice Comment E 101-41500-433 Membership/Dues/Edu $101.67 2023 MCFOA Annual Conference Fee for Patria Xiong E 601-49400-433 Membership/Dues/Edu $101.67 2023 MCFOA Annual Conference Fee for Patria Xiong E 602-49450-433 Membership/Dues/Edu $101.66 2023 MCFOA Annual Conference Fee for Patria Xiong Total $660.00 33187 01/26/23 THE STANDARD INSURANCE COMPANY E 601-49400-121 PERA/FICA/Hosp Ins $1.70 012523 To record&pay Feb.23'Life Insurance Premium E 602-49450-121 PERA/FICA/Hosp Ins $1.70 012523 To record&pay Feb.23'Life Insurance Premium E 101-41500-121 PERA/FICA/Hosp Ins $1.70 012523 To record&pay Feb.23'Life Insurance Premium Total $5.10 33188 01/26/23 VALLEY-RICH CO INC E 602-49450-411 Repairs/Breaks $6,941.36 31610 Sew main break at 4000 Sunset Drive on 11/08/22-Job#R220697 Total $6,941.36 33189 01/26/23 XCEL ENERGY E 101-43100-381 Utilities/Electric/Gas $15.04 1009660623 Electric Usage for Unit X-Mas Lights 11/22/22- 12/26/22 E 101-43100-381 Utilities/Electric/Gas $109.30 1011391373 Electric Usage for West Street Lights 11/22/22- 12/28/22 E 602-49450-381 Utilities/Electric/Gas $267.29 1011391493 Electric Usage for Lift#2 11/22/22-12/26/22 E 602-49450-381 Utilities/Electric/Gas $29.91 1011392107 Electric Usage for Lift#4 11/22/22-12/26/22 E 602-49450-381 Utilities/Electric/Gas $507.28 1011392464 Electric Usage for Lift#6 11/21/22-12/26/22 E 602-49450-381 Utilities/Electric/Gas $213.21 1011392944 Electric Usage for Lift#1 11/21/22-12/26/22 E 602-49450-381 Utilities/Electric/Gas $173.55 1011393017 Electric Usage for Lift#3 11/22/22-12/28/22 E 101-43100-381 Utilities/Electric/Gas $363.83 1011396157 Electric Usage for Central&North Street Lights 11/21/22-12/26/22 E 101-43100-381 Utilities/Electric/Gas $281.98 1011396233 Electric Usage for City Hall 11/22/22-12/26/22 E 101-43100-381 Utilities/Electric/Gas $79.59 1011396533 Electric Usage for Traffic Signal at 4300 Shoreline Drive 11/22/22-12/28/22 E 602-49450-381 Utilities/Electric/Gas $122.03 1011397182 Electric Usage for Lift#5 11/22/22-12/26/22 E 101-43100-381 Utilities/Electric/Gas $635.29 1011397308 Electric Usage for Co-Owned Street Lights 11/23/22-12/27/22 E 101-43100-381 Utilities/Electric/Gas $288.27 1011397325 Electric Usage for Signal&East Street Lights 11/22/22-12/28/22 Total $3,086.57 10100 Wells Fargo Bank NA $111,645.72 Fund Summary 10100 Wells Farao Bank NA 101 GENERAL FUND $94,031.74 201 PUBLIC IMPROV REVOLVING FUND $332.00 601 WATER FUND $8,499.62 602 SEWER FUND $8,782.36 $111,645.72 CITY OF SPRING PARK 02/16/23 4:21 PM Page 1 *Check Summary Register© Batch:021023PAY,021623GoodToBeHome,EscrowPay22-05SIGN Name Check Date Check Amt 10100 Wells Fargo Bank NA 33190 GOOD TO BE HOME CLEANING 2/16/2023 $250.00 Jan.23'City Hall Cleaning Services 33191 CITY OF BLOOMINGTON 2/16/2023 $45.00 Jan.23'Water Testing Fees 33192 CARSON,CLELLAND,&SCHRED 2/16/2023 $3,646.25 Jan.23'Legal Services for 4000 Sunset/Lake 33193 CENTERPOINT ENERGY 2/16/2023 $1,120.13 Gas Usage for Lift#1-6 12/20/2022-01/20/23 33194 CORE&MAIN LP 2/16/2023 $114.09 Purchase of 510M Wire 33195 DENCO SERVICES HEATING&C 2/16/2023 $2,014.00 Repair and Install 3 motorized zone dampers at 33196 FIVE TECHNOLOGY, INC. 2/16/2023 $280.00 Feb.23'Monthly IT Managed Utility Service 33197 GOPHER STATE ONE-CALL 2/16/2023 $31.05 Jan.23'Locates 33198 INDIGO SIGNWORKS, INC, 2/16/2023 $500.00 Return ESCROW for Sign Permit No.22-05SIG 33199 LEAGUE OF MN CITIES INS TRU 2/16/2023 $25,361.00 2023 Annual Property/Casualty Coverage Prem 33200 LOFFLER COMPANIES, INC. 2/16/2023 $118.56 Copier Usage Agreement 12/22/22-01/21/23 33201 MEDIACOM, LLC 2/16/2023 $44.53 Internet Services 02/11/23-03/10/23 33202 METRO COUNCIL ENVIRON SER 2/16/2023 $21,758.45 Mar.23'Wastewater Treatment Monthly Fee 33203 MNSPECT,LLC 2/16/2023 $2,066.97 Jan.23'Residential&Commercial Inspections/ 33204 NAVARRE TRUE VALUE HARDW 2/16/2023 $18.97 Purchase of mouse traps for City Hall 33205 OFFICE OF THE SEC OF STATE 2/16/2023 $120.00 Notary Commission Fee for Patria Xiong 33206 CITY OF ORONO 2/16/2023 $3,820.73 Reimbursement to Orono for saddle and dehu 33207 REPUBLIC SERVICES, INC 2/16/2023 $1,911.66 City Parks Garbage Pick-Up 02/01-03/31 33208 RITEWAY BUSINESS FORMS&P 2/16/2023 $761.80 Printing/Assemble Charges for Winter 2023 Ne 33209 SAMBATEK, INC. 2/16/2023 $1,422.00 Engi. Fees for Yachy Club Site 11/6/22-12/10/2 33210 SUBURBAN RATE AUTHORITY 2/16/2023 $239.50 2023 1st Half Membership Assessment Fee 33211 UNICLEAN CLEANROOM SERVIC 2/16/2023 $138.45 Jan.23'Cleaning Services for Rugs 33212 US BANK 2/16/2023 $3,344.16 2023 MN EPCRA Fee 33213 VELOCITY TELEPHONE 2/16/2023 $158.26 Jan.23'Phone&Long Distance Services 02/2 33214 WESTONKA HISTORICAL SOCIE 2/16/2023 $3,000.00 2023 Annual Support Fee for Preserving the Hi 33215 WSB&ASSOCIATES, INC. 2/16/2023 $1,351.50 Dec.2022 Planning Services-Yacht Club(Lan 33216 XCEL ENERGY 2/16/2023 $8,266.87 Electric Usage for Unit X-Mas Lights 12/26/22-0 Total Checks $81,903.93 CITY OF SPRING PARK 02/16/23 4:37 PM Page 1 *Check Detail Register© Batch:021023PAY,021623GoodToBeHome,EscrowPay22-05SIGN Check# Check Date Vendor Name Amount Invoice Comment 10100 Wells Fargo Bank NA 33190 02/16/23 GOOD TO BE HOME CLEANING SERVI E 101-41900-310 Contracted Services $250.00 1147 Jan.23'City Hall Cleaning Services Total $250.00 33191 02/16/23 CITY OF BLOOMINGTON E 601-49400-306 Testing Fees $45.00 21841 Jan.23'Water Testing Fees Total $45.00 33192 02/16/23 CARSON,CLELLAND,&SCHREDER E 101-41600-304 Legal Fees $1,558.75 3215A Jan.23'Legal Services for Yacht Club CUP Matters E 101-41600-304 Legal Fees $108.75 3215B Jan.23'Legal Services for Donation Matters E 101-41600-304 Legal Fees $616.25 3215C Jan.23'Legal Services for Civil Matters E 101-41600-304 Legal Fees $217.50 3215D Jan.23'Legal Services for West Arm Rd Matters E 101-41600-304 Legal Fees $145.00 3215E Jan.23'Legal Services for 4000 Sunset/Lake Access E 101-42000-304 Legal Fees $1,000.00 3215F Jan.23'Prosecution Services Total $3,646.25 33193 02/16/23 CENTERPOINT ENERGY E 602-49450-381 Utilities/Electric/Gas $91.49 021023A Gas Usage for Lift#1-6 12/20/2022-01/20/23 E 601-49400-381 Utilities/Electric/Gas $611.46 021023B Gas Usage for WTP 12/20/22-01/20/23 E 101-41900-381 Utilities/Electric/Gas $417.18 021023C Gas Usage for City Hall 12/20/22-01/20/23 Total $1,120.13 33194 02/16/23 CORE&MAIN LP E 601-49400-201 Meters&Supplies $114.09 R763913A Purchase of 510M Wire Total $114.09 33195 02/16/23 DENCO SERVICES HEATING&COOLING E 101-41900-401 Repairs/Maint Buildings $2,014.00 20623 Repair and Install 3 motorized zone dampers at City Hall Total $2,014.00 33196 02/16/23 FIVE TECHNOLOGY,INC. E 101-41500-330 IT Technology Support $93.34 10223-15 Feb.23'Monthly IT Managed Utility Service E 601-49400-330 IT Technology Support $93.33 10223-15 Feb.23'Monthly IT Managed Utility Service E 602-49450-330 IT Technology Support $93.33 10223-15 Feb.23'Monthly IT Managed Utility Service Total $280.00 33197 02/16/23 GOPHER STATE ONE-CALL E 601-49400-310 Contracted Services $14.18 2110754-IN Nov.22'Locates E 602-49450-310 Contracted Services $14.17 2110754-IN Nov.22'Locates E 601-49400-310 Contracted Services $1.35 3010753 Jan.23'Locates E 602-49450-310 Contracted Services $1.35 3010753 Jan.23'Locates Total $31.05 33198 02/16/23 INDIGO SIGNWORKS,INC, G 101-21700 Escrow Account $500.00 22-05SIGN Return ESCROW for Sign Permit No.22-05SIGN Total $500.00 33199 02/16/23 LEAGUE OF MN CITIES INS TRUST CITY OF SPRING PARK 02/16/23 4:37 PM Page 2 *Check Detail Register© Batch:021023PAY,021623GoodToBeHome,EscrowPay22-05SIGN Check# Check Date Vendor Name Amount Invoice Comment E 101-41500-361 Liability/Prop Ins/WC $7,608.30 012723 2023 Annual Property/Casualty Coverage Premium E 101-41900-361 Liability/Prop Ins/WC $3,804.15 012723 2023 Annual Property/Casualty Coverage Premium E 101-43100-361 Liability/Prop InsfWC $2,536.10 012723 2023 Annual Property/Casualty Coverage Premium E 101-45200-361 Liability/Prop Ins/WC $1,268.05 012723 2023 Annual Property/Casualty Coverage Premium E 601-49400-361 Liability/Prop Ins/WC $5,579.42 012723 2023 Annual Property/Casualty Coverage Premium E 602-49450-361 Liability/Prop Ins1WC $4,564.98 012723 2023 Annual Property/Casualty Coverage Premium Total $25,361.00 33200 02/16/23 LOFFLER COMPANIES,INC. E 101-41500-413 Office Equipment/Rental $39.52 4252229 Copier Usage Agreement 12/22/22-01/21/23 E 601-49400-413 Office Equipment/Rental $39.52 4252229 Copier Usage Agreement 12/22/22-01/21/23 E 602-49450-413 Office Equipment/Rental $39.52 4252229 Copier Usage Agreement 12/22/22-01/21/23 Total $118.56 33201 02/16/23 MEDIACOM,LLC E 101-42000-324 Internet Service $14.85 021323 Internet Services 02/11/23-03/10/23 E 601-49400-324 Internet Service $14.84 021323 Internet Services 02/11/23-03/10/23 E 602-49450-324 Internet Service $14.84 021323 Internet Services 02/11/23-03/10/23 Total $44.53 33202 02/16/23 METRO COUNCIL ENVIRON SERVICES E 602-49450-327 MCES Sewer Service Chg $21,758.45 0001151514 Mar.23'Wastewater Treatment Monthly Fee Total $21,758.45 33203 02/16/23 MNSPECT,LLC E 101-42400-310 Contracted Services $382.50 0095768-IN Jan.23'Code Enforcement Services E 101-42400-310 Contracted Services $1,207.99 0095784-IN-A Jan.23'Residential&Commercial Inspections/Permit Fees/General Fees/Staff Meeting E 101-42400-305 Plan Check Fees $476.48 0095784-IN-B Jan.23'Plan Check Fees Total $2,066.97 33204 02/16/23 NAVARRE TRUE VALUE HARDWARE E 101-41900-437 Other Miscellaneous $18.97 340385 Purchase of mouse traps for City Hall Total $18.97 33205 02/16/23 OFFICE OF THE SEC OF STATE E 101-41500-433 Membership/Dues/Edu $120.00 021523 Notary Commission Fee for Patria Xiong Total $120.00 33206 02/16/23 CITY OF ORONO E 601-49400-220 Repair/Maint Supply $3,756.20 20142154A Reimbursement to Orono for saddle and dehumidifier for WTP E 101-42000-313 Booking Per Diem/Jail Ch $64.53 20142154B Reimb for Dec.2022 Jail Charges Total $3,820.73 33207 02/16/23 REPUBLIC SERVICES,INC E 101-42900-310 Contracted Services $1,551.84 0894-006075 Jan.23'Residential Recycling Services E 101-41900-384 Refuse/Garbage Disposal $176.24 0894-006076 Organics Container Delivery E 101-45200-384 Refuse/Garbage Disposal $66.27 0894-006082 City Parks Garbage Pick-Up 02/01-03/31 E 101-41900-384 Refuse/Garbage Disposal $117.31 0894-006082 City Hall Garbage Pick-Up 02/01-03/31 CITY OF SPRING PARK 02/16/234:37 PM Page 3 *Check Detail Register© Batch:021023PAY,021623GoodToBeHome,EscrowPay22-05SIGN Check# Check Date Vendor Name Amount Invoice Comment Total $1,911.66 33208 02/16/23 RITEWAY BUSINESS FORMS&PRINTIN E 101-41500-350 Print/Binding $253.94 23-30329 Printing/Assemble Charges for Winter 2023 Newsletters(1,193) E 601-49400-350 Print/Binding $253.93 23-30329 Printing/Assemble Charges for Winter 2023 Newsletters(1,193) E 602-49450-350 Print/Binding $253.93 23-30329 Printing/Assemble Charges for Winter 2023 Newsletters(1,193) Total $761.80 33209 02/16/23 SAMBATEK,INC. E 101-41910-310 Contracted Services $1,422.00 23501 Engi. Fees for Yachy Club Site 11/6/22-12/10/22 Total $1,422.00 33210 02/16/23 SUBURBAN RATE AUTHORITY E 101-46000-310 Contracted Services $239.50 021323 2023 1st Half Membership Assessment Fee Total $239.50 33211 02/16/23 UNICLEAN CLEANROOM SERVICES E 101-41500-310 Contracted Services $138.45 200150 Jan.23'Cleaning Services for Rugs Total $138.45 33212 02/16/23 US BANK E 101-41500-207 Computer Support/Supplie $192.68 021623A Dec.22&Jan 23'Microsoft and Adobe Fee E 601-49400-207 Computer Support/Supplie $192.68 021623A Dec.22&Jan 23'Microsoft and Adobe Fee E 602-49450-207 Computer Support/Supplie $192.68 021623A Dec.22&Jan 23'Microsoft and Adobe Fee E 101-41500-437 Other Miscellaneous $1,682.43 021623E Purchase of Holiday Lighting items,water dispenser&water,copier paper etc. E 101-41500-433 Membership/Dues/Edu $981.54 021623C MCMA 2023 Conference and Lodging for Mike Anderson E 601-49400-299 Admin Expenses $102.15 021623D 2023 MN EPCRA Fee Total $3,344.16 33213 02/16/23 VELOCITY TELEPHONE E 101-41500-321 Telephone and Mtce Agre $52.76 13899277-n Jan.23'Phone&Long Distance Services 02/21/23- 03/21/23 E 601-49400-321 Telephone and Mtce Agre $52.75 13899277-n Jan.23'Phone&Long Distance Services 02/21/23- 03/21/23 E 602-49450-321 Telephone and Mtce Agre $52.75 13899277-n Total $158.26 33214 02/16/23 WESTONKA HISTORICAL SOCIETY E 101-41500-581 Historical Society Support $3,000.00 021523 2023 Annual Support Fee for Preserving the History of Spring Park Total $3,000.00 33215 02/16/23 WSB&ASSOCIATES,INC. E 101-41910-310 Contracted Services $1,351.50 R-021860-00 Dec.2022 Planning Services-Yacht Club(Land Use App Review) Total $1,351.50 33216 02/16/23 XCEL ENERGY E 601-49400-381 Utilities/Electric/Gas $2,887.75 1013636319 Electric Usage for WTP 11/23/22-12/27/22 CITY OF SPRING PARK 02/16/23 4:37 PM Page 4 *Check Detail Register© Batch:021023PAY,021623GoodToBeHome,EscrowPay22-05SIGN Check# Check Date Vendor Name Amount Invoice Comment E 101-43100-381 Utilities/Electric/Gas $29.91 1015802681 Electric Usage for Unit X-Mas Lights 12/26/22- 01/18/23 E 101-43100-381 Utilities/Electric/Gas $134.68 1015906378 Electric Usage for 4468 Shoreline Dr 12/28/22- 01/19/23 E 101-43100-381 Utilities/Electric/Gas $215.61 1016888192 Electric Usage for City Hall 12/26/22-01/18/23 E 602-49450-381 Utilities/Electric/Gas $504.78 1016889045 Electric Usage for Lift Station#6 12/26/22-01/28/23 E 602-49450-381 Utilities/Electric/Gas $29.58 1016889148 Electric Usage for Lift Station#4 12/26/22-01/29/23 E 602-49450-381 Utilities/Electric/Gas $139.32 1016889390 Electric Usage for Lift Station#5 12/26/22-01/29/23 E 101-43100-381 Utilities/Electric/Gas $614.45 1016890661 Electric Usage for Co-Owned Lights 12/28/22- 01/28/23 E 101-43100-381 Utilities/Electric/Gas $200.63 1016890681 Electric Usage for Signal&East Street Lights 12/28/22-01/29/23 E 602-49450-381 Utilities/Electric/Gas $241.01 1016890929 Electric Usage for Lift Station#2 12/26/22-01/2/23 E 101-43100-381 Utilities/Electric/Gas $69.66 1016894562 Electric Usage for Traffic Light at 4300 Shoreline 12/28/22-01/29/23 E 601-49400-381 Utilities/Electric/Gas $2,490.62 1016895065 Electric Usage for WTP 12/27/22-01/26/23 E 101-43100-381 Utilities/Electric/Gas $81.77 1016895220 Electric Usage at West St Lights 12/28/22-01/26/23 E 602-49450-381 Utilities/Electric/Gas $193.85 1016895424 Electric Usage for Lift#1 12/26/22-01/28/23 E 101-43100-381 Utilities/Electric/Gas $284.44 1016896096 Electric Usage for Central and North Lights 12/26/22-01/26/23 E 602-49450-381 Utilities/Electric/Gas $148.81 1016896985 Electric Usage for Lift Station#3 12/28/22-01/29/23 Total $8,266.87 10100 Wells Fargo Bank NA $81,903.93 Fund Summary 10100 Wells Fargo Bank NA 101 GENERAL FUND $37,319.82 601 WATER FUND $16,249.27 602 SEWER FUND $28,334.84 $81,903.93 STAFF MEMO SPECIAL EVENT TOUR DE TONKA BIKE RIDE AUGUST 5, 2023 SPRING PARK On Lake Minnetonka 1. BACKGROUND: The Tour de Tonka Bike Ride is scheduled for August 5, 2023, from 9:00a.m. to 12:00p.m.The bike ride will consist of 48 miles and will travel through Spring Park via the Three Rivers Park District Regional Trail. The trail map was included with the permit application showing the route the riders will take. 2. DISCUSSION: The request for a bike ride over public property requires a special event permit. The event organizers will conform to all City rules related to parking and to stay within the allowed tunes and sound levels. They will also coordinate with the Mound Fire Department and Orono Police Department prior to the event to ensure that all necessary safety precautions have been taken. 3. FINANCIAL CONSIDERATIONS: All required permit fees have been received. 4. RECOMMENDED ACTION: Approve Special Event permit #23-02 SPEV. STAFF MEMO LORD FLETCHERS SPECIAL EVENT BEST BUY CHARITY CLASSIC SPRING PARK JUNE 26 &JUNE 28, 2023 On Lake Minnetonka 1. BACKGROUND: Jasper Services is requesting a permit for a special event to be held on Monday June 26`h and Wednesday,June 28th, 2023, at Lord Fletchers. The Best Buy Charity Classic event will be held in the back parking lot between the hours of 9:00a.m. until 3:00p.m. The event will include amplified sound and will allow for patrons to have alcoholic beverages in a defined area in parking lot. 2. DISCUSSION: The request for amplified sound requires a special event permit and the event organizers will need to coordinate with the Mound Fire Department and Orono Police Department prior to the event to ensure that all necessary safety precautions have been put into place. 3. FINANCIAL CONSIDERATIONS: All required permit fees have been received. 4. SPECIAL CONDITIONS: Any alcoholic beverages being sold or taken outside of the principal building shall be limited to the confines of the defined outdoor area consistent with the approved site plan. At no point shall any alcoholic beverages be allowed outside of the demarcated outdoor area, principal building, parking lot, or patio area. • Any temporary entrances to the outdoor area must be staffed by a designated ID monitor. • Any mobile food units operating at the event must be licensed by the City of Spring Park. • Any additional conditions recommended by the Mound Fire Department and the Orono Police Department shall be complied with. 5. RECOMMENDED ACTION: Approve Special Event Application No. 23-03 for the Best Buy Charity Classic event on June 26' and June 28`h, 2023. STAFF MEMO LORD FLETCHERS SPECIAL EVENT DENNY'S SUPER 30 SPRING PARK MAY 30,JUNE 19, AUGUST 7, AUGUST On Lake 94innetonka 285 & SEPTEM13ER 11, 2023 1. BACKGROUND: Denny Nelson with Denny's Super 30 is requesting a permit for a special event to be held on Tuesday May 30`h, Monday,June 19, Monday, August 7, Monday August 28, and Monday September 11, 2023, at Lord Fletchers. The Denny's Super 30 event will be held in the back parking lot between the hours of 2:00p.m. and 5:00p.m. The event will include amplified sound and will allow for patrons to have alcoholic beverages in a defined area in parking lot. 2. DISCUSSION: The request for amplified sound requires a special event permit and the event organizers will need to coordinate with the Mound Fire Department and Orono Police Department prior to the event to ensure that all necessary safety precautions have been put into place. 3. FINANCIAL CONSIDERATIONS: All required permit fees have been received. 4. SPECIAL CONDITIONS: Any alcoholic beverages being sold or taken outside of the principal building shall be limited to the confines of the defined outdoor area consistent with the approved site plan. At no point shall any alcoholic beverages be allowed outside of the demarcated outdoor area, principal building, parking lot, or patio area. • Any temporary entrances to the outdoor area must be staffed by a designated ID monitor. • Any mobile food units operating at the event must be licensed by the City of Spring Park. • Any additional conditions recommended by the Mound Fire Department and the Orono Police Department shall be complied with. 5. RECOMMENDED ACTION: Approve Special Event Application No. 23-04 for the Denny's Super 30 event on the dates noted above. STAFF MEMO CERTIFICATE TO PRACTICE MESSAGE SERVICES SPRING PARK On Lake Minnetonka 1. BACKGROUND: Amanda Lemmage owns Skingevity Med Spa at 4100 Spring Street #101, Spring Park, MN. She applied for a Certificate to Practice Message for her employee Ivelle Loghan. The City Code requires a Certificate to Practice Message for each individual practicing. 2. DISCUSSION: The license covers the time-period from January 1, 2023, to December 31, 2023. 3. City staff received the following required materials for issuance of the license: • Complete & signed renewal license applications for the Certificate to Practice Message. • Authority to Conduct a Background Check 4. FINANCIAL CONSIDERATIONS: All required licensing fees will be collected prior to issuing license. s. RECOMMENDATION: to approve the Certificate to Practice Message license for employee Ivelle Loghan of Skingevity Med Spa, 4100 Spring St. #101. Ellen M.Schreder C Clelland Telephone Carson,David K.Ross � (763)561-2800 Dawn E.Sp & Schreder John J.Thames Fax Joseph J.Murphy ATTORNEYS AT LAIV (763)561-1943 Peggy L.Larkin Professional Limited liability Partnership Website William G.Clelland(retired) 6300 Shingle Creek Parkway,Suite 305 www.carsoncs.com Jeffrey A.Carson(of counsel) Minneapolis,Minnesota 55430 MEMORANDUM TO: Mike Anderson Spring Park City Administrator FROM: Joe Murphy Carson, Clelland& Schreder RE: E-Charging JPA &Court Services Amendment Renewal DATE: 2/15/2023 Dear Mr. Anderson, Several years ago, a joint initiative was launched between the Bureau of Criminal Apprehension (BCA), State Court Administration, and local prosecuting attorneys to establish a system of electronic charging (e-charging) for criminal offenses. The e-charging process allows cases to be submitted electronically by police departments to the prosecuting agency(our offices) for review and consideration of charges. Upon charging,the case is then sent electronically back to the police department for approval and then submitted to the court for entry. The Bureau of Criminal Apprehension(BCA)provides the computer network to facilitate this process. Access to this network is granted through the execution of a Joint Powers Agreement. Statutorily there is presently a Joint Powers Agreement that is in place between the City on behalf of the city attorney which is now set to expire. Minnesota Statutes restrict the duration of Joint Powers Agreements to 5 year terms and therefore we will be required to sign a new Joint Powers Agreement on a 5 year cycle. We have prepared a proposed resolution approving the continuation of the Joint Powers Agreement for the Council's consideration and approval. I am requesting that the attached resolution be approved by the City Council and that the Mayor and City Clerk sign the attached agreements (there are two agreements—the master JPA as well as the Court Amendment Agreement). We ask that this be put on the agenda for an upcoming meeting as the current Joint Powers Agreement will be expiring soon. If you have any questions or concerns about this, please do not hesitate to let either myself or David Ross from my office know and we will be happy to answer any questions. Thank you for your attention to this matter. Sincerely, f f~ r •,. 1 Joe Murphy HCRRA Agreement No. A2211273 EASEMENT AGREEMENT This Easement Agreement ("Agreement") is made this day of , 2023 between the Hennepin County Regional Railroad Authority,a political subdivision of the State of Minnesota("HCRRA"), and the City of Spring Park, a Minnesota municipal corporation ("City"). RECITALS 1. HCRRA is the owner of certain right of way(by fee, easement, license,joint use agreement, governmental grant or other interest)located in the County of Hennepin, State of Minnesota, commonly referred to as the Dakota Rail Corridor("Property"). 2. HCRRA acquired the Property for transportation uses,including without limitation, rail, bus,bicycle and foot travel, for the location of communication facilities, including fiber optics lines,the location and construction of transportation related facilities, and for other future transportation uses. 3. The City desires to construct and locate a road,watermain,and storm sewer on a portion of the Property. 4. HCRRA is willing to grant to the City a permanent roadway, drainage, and utility easement, and a temporary construction easement, according to the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The above recitals and attached exhibits are hereby incorporated into this Agreement. 2. HCRRA grants to the City,its successors and assigns,a non-exclusive perpetual easement, subject to the terms of this Agreement("Easement") including the right of the City, its contractors, agents, employees, vehicles, and equipment to enter upon the Easement Area to, locate, construct,place,use, alter, maintain, repair, and remove, a roadway, watermain and storm sewer as shown on plans dated July 14, 2021 and attached as Exhibit A("City Improvements"), under and across the area of the Property described and depicted on the attached Exhibit B ("Easement Area"). Future modifications to City Improvements must receive prior written approval by HCRRA. 3. HCRRA grants to the City a non-exclusive temporary construction easement over the area of the Property described and depicted on the attached Exhibit C ("Temporary Easement Area") including the right of the City, its contractors, agents, employees, vehicles, and equipment to enter upon the Temporary Easement Area for the purpose of locating, inspecting, altering, and constructing the City Improvements("Temporary Easement"). The Temporary Easement includes the right within the Temporary Easement Area to move, store, and remove equipment and supplies, and to perform any other work necessary and incident to the City Improvements. The Temporary Easement shall expire August 15, 2023, without requiring further action by either party. 4. The easements granted herein also includes the right to cut, trim, or remove any landscaping, improvements, or vegetation within the Easement Area and, during the term of the Temporary Easement, within the Temporary Easement Area, that in the City's judgment unreasonably interferes with the easements. City will plant and maintain trees within the Easement Area as shown on the attached Exhibit D. 5. Grantor shall not erect, construct, or create any building, improvement, obstruction or structure of any kind within the Temporary Easement Area during the term of the Temporary Easement, either above or below the surface or change the grade thereof without the express written permission of the City. 6. The City Improvements shall not interfere with use of the Property for freight rail, light rail and any other future transportation use including, without limitation, freight rail, light rail,bus,bicycle and foot travel, and for locating communication facilities, including fiber optics lines. 7. City shall defend, indemnify, and hold harmless HCRRA, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of City, a contractor or subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be legally responsible for in the exercise of rights granted by this Agreement, and against all loss by reason of the failure of City to perform any obligation under this Agreement. Neither HCRRA nor City waives any immunities or defenses available to the parties at law or in equity. The parties expressly agree that the terms of the Agreement shall not be construed as a waiver, including any of the provisions set forth in Minnesota Statutes, Chapter 466. 8. As used in this Agreement, the term "hazardous substances" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state, or federal government authority. As used herein the term"environmental requirements" means all laws, ordinances, rules, regulations, orders and other requirements of any government or public authority now in force or which may hereafter be in force relating to the protection of human health or the environment, including but not limited to all requirements pertaining to reporting, licensing,permitting, investigation and remediation of emissions, discharges, storage, disposal, releases of hazardous substances and all requirements pertaining to the protection of the health and safety of employees or the public. City shall comply with and shall bear the expenses of compliance with environmental requirements for hazardous substances related to City's construction, placement, modification, operation and maintenance of the City Improvements pursuant to the terms of this Agreement regardless of whether or not the hazardous substance was present on the Easement Area before or after the commencement of this Agreement. City expressly agrees that the obligations it assumes regarding hazardous substances shall survive cancellation of this Agreement. City agrees that statutory limitation periods on actions to enforce these obligations shall not be deemed to commence until City and HCRRA discover any such health or environmental impairment, and a remedial action plan necessary for development of the Easement Area has been identified and approved by the appropriate local, state and federal regulatory agencies. City hereby knowingly and voluntarily waives the benefits of any shorter limitation period. 9. The rights herein granted are subject to existing rights of way, whether or not of record, for highway, roads, railroads,pipelines, canals, laterals, ditches and fiber optic, electrical or other transmission lines, and should it,at any time, become necessary because of City's use of the Easement Area to relocate any of said facilities by reason of City's exercise of the rights granted herein, City, and not HCRRA, shall bear and pay the cost of so doing. City shall have no claim for damages against HCRRA or its successors and assigns resulting from any vibrations or other movements associated with the construction or operation of transportation uses on the Property. 10. City also accepts said Easement Area subject to any want or failure at any time of HCRRA's title to said Easement Area or any part thereof and City shall assume any damages sustained by City in connection therewith. City also accepts such easement areas subject to rights of any party, including HCRRA, in and to any roadways, easements, leases and permits, whenever granted, at HCRRA's sole discretion, either prior to or after the date of this Agreement except that any subsequent grant shall not unreasonably interfere with City's use of the Easement Area pursuant to the terms of this Agreement. 11. By entering into this Agreement, City accepts and acknowledges that HCRRA makes no representation or warranty as to the condition of the Property or its suitability for construction and placement of the City Improvements or for other purposes allowed by this Agreement. City covenants and agrees not to sue HCRRA with respect to any claims (including without limitation those arising under any law regarding hazardous substances), existing and contingent, known and unknown, that City had, has or may have, whether arising at common law, in equity, or under a federal, state or local statute, rule or regulation, arising out of,resulting from,or relating to the condition of Property in existence prior to the date of execution of this Agreement. The foregoing shall apply to any condition of Property, known or unknown, contemplated or uncontemplated, suspected or unsuspected, including without limitation the presence of any hazardous substances, whether such hazardous substances are located on or under the Easement Area, or have migrated from or to the Easement Area, regardless of whether the foregoing condition of the Easement Area was caused in whole or in part by HCRRA's actions or inactions. 12. City accepts the condition of the Easement Area, and Property, including specifically without limitation,the environmental and geological condition of the Property, in an "AS-IS" and with "ALL FAULTS" condition. City's execution of this Agreement shall represent City's acknowledgment and agreement that: (i) HCRRA has not made any written or oral representation or warranty of any kind with respect to the Property, or the Easement Area(including without limitation express or implied warranties of title, merchantability, or fitness for a particular purpose); (ii) City has not relied on any written or oral representation or warranty made by HCRRA, its agents or employees with respect to the condition or value of the Property or the easement granted herein; (iii) City has had an adequate opportunity to inspect the condition of Easement Area, including without limitation any environmental testing, and to inspect documents applicable thereto, and City is relying solely on such inspection and testing, if any; and(iv)the condition of the Property and the Easement Area is fit for City's intended use. 13. City may not assign or transfer this Agreement to another without the prior written consent of HCRRA, which consent shall not unreasonably be withheld. 14. The terms and conditions of this Agreement shall run with the land and be binding on HCRRA and its successors and assigns. The terms of this Agreement are not intended to,nor do they create third party beneficiary rights. 15. It is mutually understood and agreed that this instrument covers all the agreements and stipulations between the parties and that no representation or statements, verbal or written, have been made modifying, adding to, or changing the terms hereof. IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first above written. Reviewed by County Attorney's Office HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY By: Marion Greene, Chair of Its Board Date: By: David J. Hough, Executive Director STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this_day of ,2023, by Marion Greene and David Hough,the Chair and Executive Director,respectively, of the Hennepin County Regional Railroad Authority,a Minnesota political subdivision and local government unit of the State of Minnesota. Notary Public CITY OF SPRING PARK By: Jerome P. "Jerry"Rockvam, Mayor By: Mike Anderson,City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this_day of , 2023,by Jerome P. "Jerry" Rockvam, the Mayor, and Mike Anderson, the City Administrator,of City of Spring Park, a Minnesota municipal corporation, on behalf of the City. Notary Public THIS INSTRUMENT WAS DRAFTED BY Hennepin County Attorney's Office 300 South Sixth Street Minneapolis, MN 55487 CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 23-12 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF SPRING PARK ON BEHALF OF ITS CITY ATTORNEY WHEREAS,the City of Spring Park on behalf of its Prosecuting Attorney desires to enter into Joint Powers Agreements with the State of Minnesota,Department of Public Safety,Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add,modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW,THEREFORE,BE IT RESOLVED by the City Council of Spring Park,Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety,Bureau of Criminal Apprehension, and the City of Spring Park on behalf of its Prosecuting Attorney,are hereby approved. 2. That the Prosecuting Attorney,David Ross, or his successor,is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 3. That Jerome P. Rockvam, the Mayor for the City of Spring Park,and Jamie Hoffman,the City Clerk,are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 21st day of February 2023. CITY OF SPRING PARK By: Jerome P. Rockvam Its Mayor ATTEST: By: Jamie Hoffman Its City Clerk COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Spring Park on behalf of its Prosecuting Attorney ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 222220, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that,pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f)hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. C. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 2 f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. "Court" shall mean the State of Minnesota, State Court Administrator's Office. h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." d. Restrictions on Duplication,Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. L Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or(2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M-0958. 6 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 7 BCA systems and tools under this Subscriber Amendment; (3)the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten(10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 8 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 9 1. SUBSCRIBER(AGENCY) 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Subscriber must attach written verification of authority to sign on behalf of and bind the entity, Name: such as an opinion of counsel or resolution. (PRINTED) Name:Jerome P.Rockvam Signed: (PRINTED) Title: (with delegated authority) Signed: Date: Title:Mayor (with delegated authority) 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division Date: By: Date: Name:Jamie Hoffman (PRINTED) 4. COURTS Authority granted to Bureau of Criminal Apprehension Signed: Name: (PRINTED) Title:City Clerk Signed: (with delegated authority) Title: Date: (with authorized authority) Date: 10 SWIFT Contract#222220 MN027331A State of Minnesota Joint Powers Agreement MINN@SOTA This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Spring Park on behalf of its Prosecuting Attorney ("Governmental Unit").The BCA and the Governmental Unit may be referred to jointly as "Parties." Recitals Under Minn. Stat. §471.59,the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46,the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46,subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective Date.This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05,subdivision 2. 1.2 Expiration Date.This Agreement expires five years from the date it is effective. 2 Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network(CJDN)and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA's systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-Computer System Interface occurs when the Governmental Unit's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch,web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Governmental Unit will select a 1 DPS/BCA CJDN JPA_March 2021 SWIFT Contract#222220 MN027331A method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening(pre-employment),security,timeliness,training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit's employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement.These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Governmental Unit Resources.To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/defauIt.aspx.Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/ciisdocs/docs cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii)complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access.On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement,to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing,entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements.This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information.The parties agree that if there is a change to any of the information whether required by law or this Agreement,the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor.Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record.The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7,there must be a method of identifying which individual users at the Governmental Unit conducted a 2 DPS/BCA CJDN JPA_March 2021 SWIFT Contract#222220 MN027331A particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA's transaction record meets FBI-CJIS requirements. When Governmental Unit's method of access is a computer-to-computer interface as described in Clause 2.2C,the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date,time and content of the request. The transaction record must also include the date,time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six(6)years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment,which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above.The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below),fees (see Clause 3 below), and transaction records or logs,that govern Governmental Unit's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening. The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CAS Security Policy.The BCA will maintain records of the federal,fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. 3 Payment The Governmental Unit understands there is a cost for access to the criminal justice data communications network described in Minn. Stat. §299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. The Governmental Unit will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Governmental Unit will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is the person below, or her successor: Name: Dana Gotz, Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue 3 DPS/BCA CJDN JPA_March 2021 SWIFT Contract#222220 MN027331A Saint Paul, MN 55106 Telephone: 651.793.1007 Email Address: Dana.Gotz@state.mn.us The Governmental Unit's Authorized Representative is the person below,or his/her successor: Name: David Ross,Attorney Address: 6300 Shingle Creek Pkwy,Ste 305 Minneapolis, MN 55430 Telephone: 763.561.2800 Email Address: david.ross@carsoncs.net 5 Assignment,Amendments,Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments.Any amendment to this Agreement,except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement,their successors in office,or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement,that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete.This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement,whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions.The Minnesota Torts Claims Act, Minn. Stat. §3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws,governs the Governmental Unit's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5,the Governmental Unit's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this Agreement. Under Minn. Stat. §6.551,the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA.The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law,the Governmental Unit's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases,the Governmental Unit's records are subject to examination by the FBI and BCA;the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases,the Governmental Unit's records are subject to examination by the BCA:the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. 4 DPS/BCA CJDN JPA_March 2021 SWIFT Contract#222220 M N027331A 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Governmental Unit.The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement.The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems,the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03,subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records,as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations; Sanctions For purposes of this clause, "Individual User" means an employee or contractor of Governmental Unit. 9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation,subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated.The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Governmental Unit and BCA's determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Governmental Unit's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 5 DPS/BCA CJDN JPA_March 2021 SWIFT Contract#222220 M N027331A 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received,or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit's Individual Users violate the provisions of that Amendment,access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination.The BCA or the Governmental Unit may terminate this Agreement at any time,with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source;or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.Termination must be by written notice to the other party's authorized representative.The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However,the BCA will be entitled to payment, determined on a pro rata basis,for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability;Audits; Government Data Practices;9. Investigation of Alleged Violations; Sanctions; and Venue. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK 6 DPS/BCA CJDN 1PA_March 2021 SWIFT Contract#222220 M N027331A The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT 2. DEPARTMENT OF PUBLIC SAFETY,BUREAU OF CRIMINAL APPREHENSION Name:Jerome P.Rockvam Name: (PRINTED) (PRINTED) Signed: Signed: Title: (with delegated authority) Title:Mayor (with delegated authority) Date: Date: 3. COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement By: Name:Jamie Hoffman (PRINTED) Date: Signed: Title:City Clerk (with delegated authority) Date: 7 DPS/BCA CJDN RA—March 2021 FIRST AMENDMENT TO AGREEMENT FOR PUBLIC WORKS SERVICE This FIRST AMENDMENT TO AGREEMENT FOR PUBLIC WORKS SERVICE ("First Amendment") is made this day of , 2023 by and between the City of Orono, a Minnesota municipal corporation ("Orono") and the City of Spring Park ("Spring Park"), a Minnesota municipal corporation. Orono and Spring Park are referred to herein individually as a Party and collectively as the Parties. RECITALS WHEREAS,Orono and Spring Park entered into an Agreement for Public Works Service dated June 28, 2021 ("Agreement"); and WHEREAS,the Parties wish to amend the Agreement to clarify and confirm the date upon which the annual rate adjustment occurs. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: 1. Amendment. Section 10. a. is amended to read as follows: Baseline Public Works Services Cost. $191,000.00 per year. This amount will be paid in twelve(12)monthly installments. Regardless of the effective date of the Agreement, this annual rate shall be adjusted annually on January 1 based on the COLA rate change per the Orono Public Works Collective Bargaining Agreement. 2. Recitals. The Recitals set forth above are hereby incorporated in this First Amendment as though they were set forth in the body of this First Amendment. 3. Terms and Conditions of Agreement. All other terms, covenants and conditions of the Agreement remain in full force and effect except as modified by this First Amendment. [Remainder of page intentionally blank. Signatures follow.] 1 22510av1 IN WITNESS WHEREOF the Parties hereto have executed this First Amendment as of the day and year first above written. City of Orono Dennis Walsh, Mayor Attest: Anna Carlson, City Clerk City of Spring Park Jerome P. Rockvam, Mayor Attest: Jamie Hoffman, City Clerk 2 zzs1oav]