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2024.06.18 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: June 14, 2024 City Council Meeting Schedule Tuesday, June 18, 2024 Time Meeting Location 6:30 p.m. City Council work session to discuss: 1. Commission Appointment Process 2. Climate Action Plan Update 3. City Council liaison reports. 4. City manager monthly check-in. 5. Constituent issues. 6. New business. 7. Announcements. Council Chambers/Zoom 7 p.m. City Council meeting Council Chambers/Zoom Immediately following the City Council meeting Economic Development Authority (EDA) meeting Council Chambers/Zoom Immediately following the EDA Council meeting Continuation of City Council work session, if necessary Council Chambers/Zoom The public may attend the meetings via Zoom by connecting through one of the methods identified below. Topic: Crystal City Council work session, City Council meeting, Economic Development Authority meeting and continuation of City Council work session, if necessary. Time: June 18, 2024, 6:30 p.m., Central Time (US and Canada) Join Zoom Meeting: https://us02web.zoom.us/j/84529844796?pwd=IRsCZT53QWZazJQ9llIQZOxe5VAdhy.1 Meeting ID: 845 2984 4796 | Passcode: 4141 One tap mobile: +13017158592,,84529844796#,,,,*4141# US (Washington DC) +13052241968,,84529844796#,,,,*4141# US Dial by your location: +1 301 715 8592 US (Washington DC) +1 346 248 7799 US (Houston) +1 305 224 1968 US +1 360 209 5623 US +1 309 205 3325 US +1 386 347 5053 US +1 312 626 6799 US (Chicago) +1 507 473 4847 US +1 646 931 3860 US +1 564 217 2000 US +1 929 205 6099 US (New York) +1 669 444 9171 US +1 719 359 4580 US +1 669 900 6833 US (San Jose) +1 253 205 0468 US +1 689 278 1000 US +1 253 215 8782 US (Tacoma) Find your local number: https://us02web.zoom.us/u/kcbbkcehHz Auxiliary aids are available upon request to individuals with disabilities by calling the city clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: June 14, 2024 City Council Work Session Agenda Tuesday, June 18, 2024 6:30 p.m. Council Chambers/Zoom Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held on Tuesday, June 18, 2024, at ______ p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. If the agenda items are not completed in time for the City Council meeting at 7 p.m., the work session will be continued and resumed immediately following the Economic Development Authority meeting. The public may attend the meeting via Zoom by connecting to it through one of the methods identified on the City Council Meeting Schedule for Tuesday, June 18, 2024. I. Attendance Council members Staff ____ Kiser ____ Bell ____ Onesirosan ____ Tierney ____ Adams ____ Therres ____ Budziszewski ____ Elholm ____ Cummings ____ Hubbard ____ Eidbo ____ Larson ____ Kamish ____ Struve ____ Sutter ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Commission Appointment Process 2. Climate Action Plan Update 3. City Council liaison reports.* 4. City manager monthly check-in. 5. Constituent issues.* 6. New business.* 7. Announcements.* III. Adjournment The work session adjourned at ______ p.m. * Denotes no documentation included in the packet. Auxiliary aids are available upon request to individuals with disabilities by calling the city clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. Memorandum DATE: June 14, 2024 TO: Mayor and City Council FROM: Adam R. Bell, City Manager SUBJECT: Commission and Board Appointments Process ____________________________________________________________________ Background Crystal Resolution No. 2016-163 (attached) established a process for recruiting and interviewing candidates for advisory commissions, boards, and task forces. The recent process for commission and board appointments has involved a council interview and subsequent appointment at a regular meeting. A standard background check is conducted on all applicants after an interview is scheduled. With a recent commission application, it became apparent that the current process presented a scenario where a candidate meets all legal criteria for eligibility but whose background information involves private data that could influence the Council's decision on appointment. Some information may be sensitive and/or private, and in the interest of properly handling said information, staff and the city attorney’s office have been discussing the process and how best to provide the council with the data while still respecting the sensitive and/or private nature of the data. Staff is requesting the Council discuss the appointment process and how it would like staff to manage these types of applications. CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2016 -163 RESOLUTION ESTABLISHING A PROCESS FOR ACCEPTING APPLICATIONS AND INTERVIEWING APPLICANTS TO COMMISSIONS AND BOARDS WHEREAS, the City Council has, pursuant to the City Code and City Charter, created various commissions and boards to assist the City Council in conducting the business of the City; WHEREAS, Section 305.13, subd. 4 of the Crystal City Code requires the City Council to establish, by resolution, a process for accepting applications and interviewing applicants to commissions and boards; WHEREAS, the process established herein only applies to the selection of members for commission and boards, it does not apply to the selection of members to task forces created by the City Council; and WHEREAS, the City Council has determined that an orderly process for accepting applications and interviewing applicants to commissions and board is needed to find the most qualified individuals to serve on the City's commissions and boards. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, adopts the following process for accepting applications and interviewing applicants to City commissions and Boards: 1. Notice of Positions. The City Manager shall provide the City Council a list of all commission and board positions that are open for appointment in advance of advertising for applications. The list shall include a proposed application deadline. 2. Advertisement. City staff shall prepare and post on the City's website and at City Hall a notice of open commission and board positions and indicate the deadline for receiving applications. The notice shall be posted at least 45 days prior to the application deadline. Notice of the open positions may also be published in the City's official newspaper. 3. Eli ibili . All applicants for a commission or board must be residents of the City. The notice of open positions shall identify any other qualifications for applicants interested in serving on a particular commission or board. 4. Application. City staff shall prepare and make available to the public the application form that must be completed and submitted to the City prior to the established application deadline. The City may reject any incomplete applications. The City Manager shall notify the City Council of the applications received. 4860650 KRH CR205-30 5.3 Interviews. The City Manager shall work with the City Council to identify the applicants to be interviewed and to schedule and conduct the interviews. The City Council shall conduct interviews at least once annually for all open positions. 6. Selection. The City Council shall appoint members to commissions and boards by a majority vote at a City Council meeting. Those selected shall serve in accordance with Section 305 of the Crystal City Code and the ordinance adopted to create the commission or board. Adopted this 20th day of December, 2016. ATTEST: Chrissy Serres ity Clerk 2 4860650 KRH CR205-30 BY THE CITY COUNCIL Jim Ad s, Mayor 5.3 Gold Leaf Challenge Welcome Guide Use the buttons above to jump to a section. Overview What is it? The Gold Leaf Challenge focuses on voluntary pathways for communities to take local climate action.Using the GreenStep program resources,this new program aims to challenge,assist, and recognize your efforts for completing any NEW actions from: 44 high-priority,high-impact climate actions under the categories of: ○Climate mitigation ○Climate planning ○Climate adaptation ○Community connectedness for Minnesota's changing climate Read more about the background,process,and program goals in the Gold Leaf Challenge Report. How does it work? The Challenge identifies 44 best practice actions that result in greenhouse gas emissions reductions,improve community resilience,and plan for climate impacts.The Challenge provides a menu of climate actions to help a community prioritize planning and actions.The goal is to newly accomplish as many of these actions as possible each year. While participating communities are free to self-select the actions they take,the Gold Leaf Challenge asks participants to start with a “Green Team”that can support their climate work. Communities are also encouraged to integrate their own climate goals and the State of Minnesota’s Climate Action Framework goals to their Gold Leaf Challenge actions.As communities accomplish and report on actions they are acknowledged with a leaf award.When one of the integrated goals is achieved,a gold leaf is awarded.As communities accrue leaves, they will build a tree showing their climate actions and accomplishments. Who can join the Gold Leaf Challenge? The Gold Leaf Challenge is open to a wide variety of community types because all communities and levels of local,Tribal,and regional governance are faced with a changing climate and can take action to prepare for climate change,build resilience,and reduce greenhouse gas emissions.Additionally,involving all levels of governance will break down artificial silos and barriers that so often impede effective planning,coordination,and action. You DO NOT need to be a participant of Minnesota GreenStep (Cities,Tribal Nations,or Schools)program to join the Gold Leaf Challenge. Community types that can join:(If you don’t see your community type here,please reach out!) ●Tribal Nations ●Regional Organizations/ Government ●Counties ●Cities ●Towns/Townships ●Neighborhoods ●Homeowners Associations (HOAs) ●Conservation and Watershed Districts/Organizations ●County/State fairgrounds ●Educational Institutions ●Etc. What are the benefits of joining? ●Continuous improvement pathway for communities to take climate action and helps you track progress for completing ambitious,multi-year climate projects. ●Saves staff time in researching proven,cost-effective actions for cutting energy use, decreasing your carbon footprint,and accomplishing other climate goals that exceed regulatory requirements. ●Publicly recognizes the good work being done by Minnesota communities on tackling climate change,and helps them communicate that progress.(See “Recognition.”) ●Provides opportunities for peer learning,partnerships,and grant collaboration. ●Provides technical assistance and information on how to complete all 44 actions, which are continuously updated with Minnesota-specific information,with comprehensive support from GreenStep staff to ensure you have what you need.(See “Support.”) ●Open to many community types,which helps to break down silos between various government types and foster collaboration,while still allowing for flexibility and program adjustments to ensure that all community types can participate. ●Each action delivers co-benefits to communities beyond climate action,such as social, economic,and financial benefits,and positions you to more easily apply for competitive grants and assistance programs. ●Home-grown,independent program tailored by and for Minnesota communities that provides maximum flexibility and total control in how to implement a proven best practice. ●Challenges participants to be ambitious in taking climate actions by integrating community and state climate goals into the program,and it helps communities hit greater climate targets they may have signed onto (i.e.U.S.Mayors Climate Protection Agreement,or Sustainable Development Goals). ●Provides leadership and action roles for community members,students,businesses and institutions so as to stretch limited public funds and strengthen a civic culture of engagement and innovation. ●Provides a targeted menu of actions for communities to pick from and a framework to prioritize those actions. ●Serves as a climate action plan if your community doesn’t have one,as it provides a ready-made,prioritized list,with resources,to take climate action. ●Utilizes the existing GreenStep reporting program,so there isn’t an added burden on communities for participating in both GreenStep and Gold Leaf. ●Incentivizes reporting climate actions,expanding an ongoing repository of examples for peer communities. How do I join and get started? How to join: 1.Contact GreenStep staff (greenstep@state.mn.us)with any questions about the Challenge,if needed. 2.Let us know you want to join the Challenge by filling out this form! 3.If necessary,get the approval of your council or other governing body.We do not require you to have a formal resolution.If needed,there is a sample resolution available. How to participate: 1.Join the Challenge. 2.Ensure your community has a Green Team that aligns with Gold Leaf action CC1. 3.Fill out the (optional)Workplan we send you or organize yourself to figure out which Gold Leaf actions you want to accomplish this year (and down the road). a.Once you’ve filled out the Workplan,send it back to us so we can update the Community Projects Spreadsheet. 4.Figure out which “Integrated Goals”align with the Gold Leaf actions you have identified. 5.Take actions and meet goals! 6.Stuck? ○Reach out to program staff at greenstep@state.mn.us or 651-757-2793. ○Use the Gold Leaf Challenge Welcome Guide as a tool for getting started and accessing additional guidance,program information,and more. ○Connect to program technical resources and information provided in the Gold Leaf action guidance. ○Learn more about support and resources. ○Look at the Workplan and Community Project Spreadsheet to see what other communities are working and connect with them. 7.Report your Gold Leaf actions and goals at any time.Awards are based on the calendar year,so the last date to report actions for a year would be December 31. 8.Receive awards for your hard work!Awards will be shared early in the following year. How do I report Gold Leaf actions and goals? Using Workplans: When you first join Gold Leaf,you’ll receive a workplan with all 44 Gold Leaf Challenge actions in a spreadsheet.The workplan is an optional tool to help you plan out what actions the community is interested in,currently working on,or finished with.In addition,you may be interested to use the workplan in the following ways: ●Helps you think through how you’ll accomplish a Gold Leaf Challenge action. ●Provides a space to list out the integrated goals you are ultimately aiming to accomplish. The Minnesota Climate Action Framework goals are listed in the Gold Leaf guidance documents and workplan already.However,you will need to list out your own community’s goals on the workplan.Look at “Integrated Goals”for more information. Staff will ask you to send us a copy of your workplan yearly (or whatever document you use as an alternative),which will allow for updates to the Community Projects Spreadsheet. Using the Community Projects Spreadsheet: All participants have a column on their workplans that is meant to update the Community Projects Spreadsheet.Program staff will update the spreadsheet for you!Use the spreadsheet to: ●see how other communities are accomplishing Gold Leaf actions and gain inspiration from them, ●identify which actions there is potential to partner with other communities on, ●find relevant Gold Leaf Actions by filtering participant communities by region,population size,and community type,and ●find contact information for peer-to-peer learning. This spreadsheet is visible to other participants and the public.Please let us know if you would like to remove any information from it. Gold Leaf Actions: Start with a Green Team: When communities choose to enter the Gold Leaf Challenge,the first action they commit to will be to create a Green Team if they don’t already have one,or document that they already do.A “Green Team”is a flexible concept that refers to any established group of people who meet regularly to support sustainable changes in a community.This team could be made up of community members and/or staff members (a “Green Team”)or a panel of appointed experts and community members (a “Sustainability Committee”or “Commission”).See Gold Leaf Action CC1 (Combined Green Team)for details. Complete Gold Leaf Actions: See a list of all 44 Gold Leaf Challenge actions,additional information,annual reporting criteria, and guidance. Actions can be reported and formally recognized as they are completed,without any specific annual reporting period.Additionally,many actions can be repeated in multiple years to encourage growth overtime.Actions will be tallied at the end of the year to see how many “leaves”your community has accomplished.Learn more under Reporting Actions. Each Gold Leaf action guidance document will list the annual recertification criteria that will achieve a reward.Some of these actions may take multiple years to complete.Because the Challenge aims to drive climate action implementation,the action will be awarded a leaf once the project is completed. To help communities show the progress they are making,they can list relevant projects under the relevant Gold Leaf action as “in progress”on their workplans so other communities can learn from them and connect.This is also why many of the Gold Leaf actions can be accomplished per building or per year,so it can represent the cumulative progress communities are making. Integrated Goals: The Gold Leaf Challenge encourages participants to connect their actions to goals through the integration of local community-specific goals and/or statewide climate goals.Achieving these larger, integrated goals is a big accomplishment! Once a goal is met,participants receive a gold leaf. Community Goals: Setting your own goals is also an action (see Action CP6)!If your community has climate goals that align with the Gold Leaf action you want to accomplish,list them out in your workplan and include information about the goal in your Gold Leaf action report.These goals may come from your community’s climate action plan, comprehensive plan,other related community-specific plan,or council resolutions.Goals should be formally adopted by your community or organization,and shared publicly.If your community doesn’t have relevant goals in place,check to see if there are region-wide plans that cover your community,such as an Regional Development Organization that has created a region-wide Climate Action Plan.Not sure where to start?Check out the Sustainability Index,which has a list of relevant plans. Minnesota’s Climate Goals: For communities without their own goals identified,the Minnesota Climate Action Framework (State of Minnesota,2022)can serve as a guide for goal-setting.In addition,these statewide goals are helpful for communities to connect with and align their own goals,when possible. Participants will find the relevant statewide goals listed in the Gold Leaf action guidance. Modifications for different community types: The Gold Leaf Challenge is open to many different community types with diverse needs and types of governments.Because of this,each of the Gold Leaf actions has a section addressing potential modifications various community types could make to ensure the action fits their community.Please contact program staff if you think an improvement could be made so that these actions fit your community.This is a purposefully flexible program so it is responsive to the participants,and staff will continuously take feedback into account to improve the program for all our participants. Reporting actions and integrated goals: Once a Gold Leaf action is ready to report,use the following tools.The basic reporting methods are listed below.If you would like more options for sharing your actions,check out Gold Leaf Reporting Options. For current GreenStep participants: ●Who:For current GreenStep Cities and Tribal Nations with an online account.Typically, the GreenStep Coordinator writes and submits an action report. ●What: ○Scenario 1:Report a new Gold Leaf action under a Best Practice Action on the GreenStep website.Using the Gold Leaf action guidance,identify the best GreenStep actions to report your efforts.Provide a detailed summary,date, contact,partners,documents,links,and any metrics or outcomes. ■Make sure to check the “Request Gold Leaf Challenge Review”button right above “Save”on the bottom of the form. ○Scenario 2:Update a previously entered GreenStep Best Practice Action so it will be considered for The Gold Leaf Challenge as well.To do so,click the action you’d like to update and go to “Edit.”Add to or edit the content in the GreenStep action to reflect your Gold Leaf action. ■Scroll to the bottom of the screen and click the “Request Gold Leaf Challenge Review”button right above “Save.” ●Where:Use the GreenStep Cities and Tribal Nations website to report actions.Refer to the Website How-To guide if needed. ●When:At any time following the completion of a Gold Leaf action.Remember,only new Gold Leaf Challenge actions accomplished within the current reporting year will be considered. ●Why:This is a great way to document your ongoing efforts in an already shareable format.Your reported actions also serve as a great tool for peer communities interested in learning about best practice actions! For non-GreenStep participants: ●Who:For any communities that do not have a GreenStep program account.Anyone who was involved in implementing the action can fill out the form.This could include staff and interns,decision makers,community members. ●What:Summarize the efforts taken to implement the Gold Leaf action.Details should include a brief overview of the action,the timeline,engagement,and any outcomes to date. ●Where:Google Form (if you cannot access this,contact us at greenstep@state.mn.us) ●When:At any time following the completion of a Gold Leaf action. ●Why:This is an easy way to document your efforts and receive credit.Information used may be added as examples in the Gold Leaf and/or GreenStep programs later. Integrated Goals: Report achieving Integrated Goals the same way you would report any Gold Leaf action.Some of these goals are straightforward targets to hit.Others are qualitative or broadly defined.If you believe you have hit an integrated goal,you will submit a report showing how you’ve hit the goal.You may utilize metrics,a narrative story,or whatever other evidence or reporting method shows you accomplished the integrated goal. How do I get recognized for Gold Leaf Challenge achievements? ●First year participants will receive a custom award display for leaves and gold leaves,following the report of a Gold Leaf action or integrated goal. ●Annually,participants will receive ‘leaves’based on the Gold Leaf annual reporting criteria or integrated goals. ●Gold Leaf staff will prepare a statewide press release and provide press release templates for you to share with local media. ●Annual peer recognition at events. ●Your accomplishments will be visible on the GreenStep website,the most comprehensive website in Minnesota devoted to community sustainability. Is there additional support available? Tools: ●Gold Leaf Actions and Resource Sheets -Find all 44 of the Gold Leaf actions and their resource sheets. ●Reporting Actions and Goals -Find reporting options for current GreenStep Cities & Tribal Nations participants and for other communities. ○If you would like more options for sharing your actions,check out Gold Leaf Reporting Options. ●Workplans and Community Project Spreadsheet -Workplans are an optional resource to help you identify,prioritize,and track Gold Leaf actions for your community. The Community Project Spreadsheet provides an overview of what other communities are working on and can help you find opportunities to connect and collaborate with each other. ●Gold Leaf Challenge Development Report -A report about the development of the Gold Leaf program.Learn more about program goals,process,pilot program,and more. ●Additional Assistance -Find more contact information,AmeriCorps programs, technical assistance programs,community-wide visioning and reports,funding,data,and more. Summer Internship Program: Summer interns were coordinated in partnership with the Sustainability Corps program through the University of Minnesota in 2023.Ten pilot communities hosted eight interns.Interns did a variety of work,including researching project ideas,supporting plan development,and community engagement opportunities.We expect there to be an ongoing opportunity each year. Contact us if you are interested in hosting a summer intern! Virtual Open Office Hours: Virtual Open Office Hours for Gold Leaf Challenge participants are available weekly.Hop in any time –no need to let us know if you are coming!You will enter a lobby and wait to join so that you are the only one "in"the office. Contact us: ●Ask questions to better understand the Gold Leaf Challenge. ●Clarify where to find different types of resources on the website. ●Request a personal visit to your community. ●Ask for help in connecting volunteers to needed work in your community. ●Update your Gold Leaf contact information. ●Get help with documenting your accomplishments. ●Make suggestions for improving the program. ●Report errors on the website and identify broken web links. ●Contact information (phone and email)for the GreenStep Cities co-directors and best practice advisors Frequently Asked Questions 1.Do you have a glossary for all of these climate change-related words? Find common climate change-related acronyms and a glossary (Minnesota Climate Action Framework,2022).Or don’t hesitate to contact us with questions! 2.Why is local climate action important? Communities are already seeing impacts locally -warming temperatures (especially during winter),drier summers,more severe precipitation events,and more.Often, communities have the tools to plan for and take action on climate change.Communities that act now are better suited to withstand and build resilience against impacts over time. 3.How is it different from the GreenStep program? The Gold Leaf Challenge uses the GreenStep program as a guide for providing resources.The Challenge provides a targeted list of actions from the 181 GreenStep Cities &Tribal Nations actions to create a climate action 'road map'that your community (of any type)can focus down even further based on local needs and priorities. Gold Leaf Challenge GreenStep Communities Voluntary Voluntary Focused on Hi-Impact Climate Actions Defines Sustainability Broadly Open to Many Community Types Focused on Cities and Tribal Nations No Barriers to Entry City or Tribal Council Resolution to Join Volume of Actions Rewarded Rewarded by Step Community is on Targeted Menu of Options Broad Menu of Options Starts With a Green Team No Starting Best Practice Emphasizes New Actions Taken Rewards Past and Current Planning and Actions 4.When will Leaves be awarded? Awards are based on the calendar year and will be awarded in the following year.Action reports can be submitted at any time throughout the year,ideally right after the action was completed. 5.When can I report Gold Leaf actions? Actions can be reported and formally recognized as they are completed,without any specific annual reporting period.Additionally,many actions can be repeated in multiple years to encourage growth overtime.Actions will be tallied at the end of the year to see how many “leaves”your community has accomplished.Learn more at Reporting & Recognition. 6.How often can I get recognized for the same type of Gold Leaf action? Each Gold Leaf action guidance document will list the annual recertification criteria that will achieve a reward.Some of these actions may take multiple years to complete. Because Gold Leaf’s goal is to drive climate action implementation,the action will be awarded once the project is completed. 7.What are ‘integrated goals’? Participants can earn a gold leaf when they can document that either a local or State climate goal has been achieved.By setting and tracking goals,participants can (and are!)meet these targets.The Gold Leaf Challenge acknowledges how difficult meeting goals can be and we want to recognize your for your achievement!Learn more about Integrated Goals. CITY MANAGER MONTHLY CHECK-IN – JUNE 2024 Objective 1 – Work with City Council to develop Long Range Vision for the continued implementation of Council priorities: • Working with staff to refine vision and priorities for the remainder of 2024 and the 2025/2026 Budget Objective 2 – Policy Facilitation – Implement the Longe Range Vision/Strategic Planning for continued implementation of Council priorities: • Thriving Business Community o Amended UDC to incorporate Cannabis zoning regulations o Staff is continuing to assist with potential redevelopment opportunities and business openings • Strong Neighborhoods o Continuing to work with businesses on THC/Cannabis sales compliance o Working with HRG on organized organic waste collection proposal o Continuing to work on the Crystal Cove Aquatic Center project o Working with residents/property owners to address code violations and traffic concerns • Sound fiscal policies and practices o Continuing to seek additional outside funding for projects o Working with MN DEED to receive 2023 State funding for Crystal Cove project o Completed 2023 Audit – Received Clean/Unmodified Opinion o Continuing to implement the 2024 Capital Program o Proposing Questica budget software procurement o Conducting 2025/2026 Budget Preparation • Welcoming and inclusive community o Inclusion & Diversity Commission – • The Commission is continuing to work on developing a Work Plan and recruitment. Objective 3 – Re-establish the Environmental Quality Commission with a clear and engaging purpose and a sustainable future: • Continuing to research other cities’ environmental commissions/efforts to develop future Climate Action Plan • Monitoring additional grant opportunities for Climate Action Plan development • June – Presenting Gold Leaf Challenge Program • July– September – Climate Action Planning/Task Force/Commission establishment • October – December – Commission meet to begin 2024/2025 work plan Objective 4 – Create an atmosphere of better teamwork, open communication, enhanced employee performance, and where staff feel empowered to help make decisions: • Reviewing job descriptions and updating roles/responsibilities 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov • Actively recruiting and interviewing new staff for open positions o Crime Analyst – New Employee Started 6/4 o Rental and Building Inspector – New Employee Started 6/4 o Administrative Assistant – PW and Admin – New Employee Started 6/10 o Accounting Manager – Offer Extended o Temporary PT Election Assistant (2) – Offers accepted; will start later this year. o Engineering Project Manager – Reopened recruitment o Information Technology System Administrator – Recruitment open o Recreation Manager – Recruitment opening soon o Temporary Seasonal Staff - Ongoing o Police Officers – Ongoing recruitment • Supporting staff wellness and continuing professional growth and development • Connecting with neighboring city managers on various local issues • Continuing participation in city manager leadership/peer group and metro and state professional organizations Page 1 of 3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: June 14, 2024 City Council Meeting Agenda Tuesday, June 18, 2024 7 p.m. Council Chambers/Zoom Meeting The city manager’s comments are bolded. 1. Call to Order, Roll Call, and Pledge of Allegiance 2. Approval of Agenda The Council will consider approval of the agenda. 3. Proclamations 3.1 The Mayor will recognize Etta Irving’s 100th birthday and proclaim June 28, 2024, as Etta Irving Day in the City of Crystal. 3.2 The Mayor will proclaim July 4, 2024, as Independence Day in the City of Crystal. 3.3 The Mayor will proclaim July 2024 as Park and Recreation Month in the City of Crystal. 4. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a. The City Council work session on June 4, 2024. b. The City Council meeting on June 4, 2024. 4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 4.3 Adoption of a resolution accepting donations. 4.4 Adoption of a resolution approving an off-site lawful gambling permit for Crystal Frolics at Welcome Park from July 26 - 28, 2024, submitted by the West Metro Fire-Rescue District Firefighters Relief Association. 4.5 Approval of the appointment of Trina Smith to the Inclusion and Diversity Commission for a term to expire Dec. 31, 2015. 4.6 Adoption of a resolution accepting the Hennepin County all-hazard mitigation plan. Page 2 of 3 5. Open Forum The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes, and topic discussion is limited to 10 minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the Council during Open Forum. The Council may place items discussed during Open Forum onto subsequent council meeting agendas. 6. Regular Agenda 6.1 The Council will consider approval of disbursements of more than $25,000 submitted by the finance department to the City Council, a list that is on file in the office of the finance department. Recommend approval of disbursements over $25,000. 6.2 The Council will consider approval of Amendment #1 to city agreement with Kraus-Anderson Construction Company; for site services and reimbursables related to improvements at the Crystal Cove Aquatic Center pool and building. In January 2024, Kraus-Anderson was selected to manage the Crystal Cove Aquatic Center project. The agreement had a fee placeholder that would be based on the actual construction costs. Now that the project construction costs are known post-bid-opening, staff recommends approval of an amendment to the construction management service agreement to specify those fees. 6.3 The Council will consider a resolution authorizing the purchase of watermain adapters for the Joint Water Commission. At its June 5 meeting, the Joint Water Commission approved the purchase of watermain adapters to replenish the reserve stock parts. These adapters are used by JWC communities as needed in the event there is a water main break. Because of the lead time in procuring these parts, it is important to maintain a sufficient supply for each JWC community. While Crystal will serve as the procurement agent for the purchase, the purchase will be funded entirely by the JWC. Recommend approval. 6.4 The Council will consider a resolution authorizing an agreement with Questica LTD for budgeting software services. To address inefficiencies and shortcomings present in the city’s current operating budget and LTP/CIP preparation process and systems, staff recommends the acquisition of a unified budget and CIP platform that allows for ease of department request entry, submittal, and evaluation, preparation of revenue and expenditure projections, development of salary and benefit costs, creation and presentation of proposed and adopted budget books and associated reports for internal and external users, as well as a dynamic interactive public dashboard. Recommend adoption of resolution approving the purchase of Questica Budget Software. 7. Announcements a. City offices will be closed on Wednesday, June 19 in observance of the Juneteenth holiday. Page 3 of 3 b. City Hall offices will be closed on Thursday, July 4, and Friday, July 5 in observance of the Independence Day holiday. c. The next City Council meeting is Tuesday, July 16 at 7 p.m. in the Council Chambers at City Hall and via Zoom. d. Crystal Frolics is July 25 - 28. A schedule of activities and events is available at www.crystalfrolics.org. e. City Council meetings and work sessions are open to the public. Current and previous meetings are available for viewing and listening at www.crystalmn.gov. 8. Adjournment Have a great weekend. See you at Tuesday’s meeting. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • PROCLAMATION RECOGNIZING ETTA IRVING’S 100TH BIRTHDAY AND JUNE 28, 2024, AS ETTA IRVING DAY WHEREAS, longevity of life is a blessing for an individual and for a community that benefits from the knowledge, creativity, and experiences this individual brings to all; and WHEREAS the City of Crystal recognizes with respect and admiration the contributions of our special senior citizens, such as Mrs. Etta Irving, who was born on June 28, 1924, in Eutaw, Alabama to Cora and Frank Norwood; and WHEREAS, Etta married Harold Irving, and together raised a family that includes 7 children, 18 grandchildren, and 27 great-grandchildren; and WHEREAS, Mrs. Etta Irving has lived in the City of Crystal for more than 40-plus years, and according to her family, is a beautiful example of how we should live our lives; and WHEREAS, Mrs. Irving has devoted many years of service as an active member of St. Peter’s A.M.E. Church, where she has served as a class leader, an usher, and a missionary; and WHEREAS, Mrs. Irving enjoys watching and listening to sports, reading, and living life as a wonderful, loving person with a generous heart. She willingly gives to her church, many charities, and anyone in need. She readily shares her knowledge, advice, and words of encouragement; and WHEREAS, on behalf of the citizens of the City of Crystal, we express our heartfelt gratitude and appreciation to Mrs. Etta Irving, as we honor your 100th birthday on June 28, 2024. NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby recognize Etta Irving on her 100th birthday and proclaim that June 28, 2024, as Etta Irving Day in Crystal; We join with family and friends in honoring Etta and extend our heartfelt best wishes for a happy birthday and best wishes for many more to come Dated this 18th day of June 2024. Jim Adams, Mayor 3.1 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • INDEPENDENCE DAY PROCLAMATION WHEREAS, on July 4, 1776, the Continental Congress approved the final wording of the Declaration of Independence; and WHEREAS, July 4, 1776, was the date that was on the original printed copies of the Declaration of Independence that was circulated throughout the young nation; and WHEREAS, the Declaration of Independence contains the principles of our country’s many freedoms, rights, and individuals’ responsibilities; and WHEREAS, in 1870, the United States Congress declared July 4 to be a national holiday to celebrate our nation and freedoms. NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby proclaim Thursday, July 4, 2024, as Independence Day in Crystal in recognition of the founding of our country, and I invite Crystal residents to celebrate and honor our many freedoms on July 4th. Proclaimed this 18th day of June 2024. Jim Adams, Mayor 3.2 PROCLAMATION DESIGNATION OF JULY 2024 AS PARK AND RECREATION MONTH IN CRYSTAL WHEREAS, parks and recreation services are an integral part of communities throughout this country, including in Crystal; and WHEREAS, park and recreation promotes health and wellness by providing places to play sports, swim, walk, and participate in other activities; and WHEREAS, parks and recreation connects our community by creating welcoming community gathering places and community events, and WHEREAS, parks and natural areas contribute to our community’s ecological beauty and improve mental well-being; and WHEREAS, park and recreation supports food access through community gardens and the farmers market, and WHEREAS, park and recreation programs help foster childhood development and lifelong learning; and WHEREAS, the U.S. House of Representatives has designated July as Park and Recreation Month; and WHEREAS, the City of Crystal recognizes the importance of parks and recreation services in our community; NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby proclaim JULY 2024 as PARK AND RECREATION MONTH in the city of Crystal. Dated this 18th day of June 2024. ________________________________ Jim Adams, Mayor 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 3.3 Crystal City Council work session minutes June 4, 2024 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 6:30 p.m. on June 4, 2024, in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. Mayor Adams called the meeting to order. I.Attendance The city clerk recorded the attendance for city council members and staff: Council members present: Kamish, Kiser, Onesirosan, Adams, Budziszewski, Cummings and Eidbo. City staff present: City Manager A. Bell, City Attorney R. Tierney, West Metro Fire-Rescue District Chief S. Larson, Assistant Fire Chief J. Kunde, Deputy Police Chief B. Hubbard, Recreation Director J. Elholm, Public Works Director/City Engineer J. Struve, Community Development Director J. Sutter and City Clerk C. Serres. Assistant City Manager K. Therres was present remotely via Zoom. II.Agenda The Council and staff discussed the following agenda item: 1.West Metro Fire-Rescue District 2025 budget follow-up. At 7 p.m., Mayor Adams continued the work session to resume immediately after the Council meeting. Mayor Adams reconvened the work session at 9:15 p.m. to continue discussion of the West Metro Fire-Rescue District 2025 budget, and the following agenda items: 2.Hennepin Recycling Group – Organized Organics Collection Proposal. 3.Constituent issues. 4.New business. 5.Announcements. III.Adjournment The work session adjourned at 9:56 p.m. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 4.1(a) Crystal City Council meeting minutes June 4, 2024 Page 1 of 5 1.Call to Order Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the meeting of the Crystal City Council was held on June 4, 2024, at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, MN and via Zoom. Mayor Adams called the meeting to order. Roll Call Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present: Kamish, Kiser, Onesirosan, Adams, Budziszewski, Cummings and Eidbo. City staff present: City Manager A. Bell, City Attorney R. Tierney, Assistant Finance Director J. Bursheim, Recreation Director J. Elholm, Deputy Police Chief B. Hubbard, West Metro Fire-Rescue District Chief S. Larson, Public Works Director/City Engineer Jesse Struve, Community Development Director J. Sutter, Lieutenant J. Tourville and City Clerk C. Serres. Assistant City Manager K. Therres was present remotely via Zoom. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. 2.Approval of Agenda The Council considered approval of the agenda. Moved by Council Member Kiser and seconded by Council Member Kamish to approve the agenda. Motion carried. 3.Proclamations 3.1 Mayor Adams proclaimed June 14, 2024, as Flag Day in the City of Crystal. 3.2 Mayor Adams proclaimed June 19, 2024, as Juneteenth Freedom Day in the City of Crystal. 4.Appearances 4.1 Deputy Police Chief Brian Hubbard recognized members of the Crystal, New Hope and Robbinsdale Police Explorers program. 5.Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 5.1 Approval of the minutes from the following meetings: a.The City Council work session on May 21, 2024. b.The City Council meeting on May 21, 2024. 5.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 5.3 Approval of the following items for 2024 Crystal Frolics: a.Temporary closure of portions of 46th Avenue N. and 47th Avenue N. from July 25-28, 2024, for city and volunteer staff vehicle parking, shuttle bus service, fireworks displays and the water ball competition hosted by West Metro Fire-Rescue District Firefighters Relief Association. 4.1(b) Crystal City Council meeting minutes June 4, 2024 Page 2 of 5 b.A permit for display of outdoor fireworks at Welcome Park on July 26 and 27, 2024, submitted by Hollywood Pyrotechnics, Inc. 5.4 Adoption of Resolution No. 2024-60, reporting on state performance measures. Moved by Council Member Cummings and seconded by Council Member Kiser to approve the consent agenda. Motion carried. 6.Open Forum The following persons addressed the Council: •Jerry Johnson, 378 Summit Ave., St. Paul, regarding the Blue Line Extension. •Scott Kneisl, 6916 58th Ave. N., regarding nuisance concerns with neighboring property. 7.Public Hearing 7.1 Mayor Adams announced the purpose of the public hearing: To receive comment, and Council consideration of new on-sale wine, beer and Sunday liquor licenses for Golden Star Café, LLC dba Lucky Pearl Café located at 5600 56th Ave. N. City Clerk Chrissy Serres addressed the Council. Applicant Leedao Leexaitou also addressed the Council. Mayor Adams opened the public hearing for testimony. The following person addressed the Council: •Burt Orred, 6700 67th Ave. N., regarding hours of business. There being no one else wishing to appear before the Council to give testimony, Mayor Adams declared the public hearing closed. Moved by Council Member Budziszewski and seconded by Council Member Kiser to approve the on-sale wine, beer, and Sunday liquor licenses for Golden Star Café, LLC dba Lucky Pearl Café located at 5600 56th Ave. N. By roll call, voting aye: Adams, Budziszewski, Cummings, Eidbo and Kiser. Voting nay: Kamish and Onesirosan. Motion carried. 8.Regular Agenda 8.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the City Council, a list that is on file in the office of the finance department. Moved by Council Member Budziszewski and seconded by Council Member Kiser to approve the list of disbursements over $25,000. Voting aye: Kamish, Kiser, Onesirosan, Adams, Budziszewski, Cummings and Eidbo. Motion carried. 4.1(b) Crystal City Council meeting minutes June 4, 2024 Page 3 of 5 8.2 The Council received the 2023 annual financial report from Bergan KDV. Aaron Dahl from Bergan KDV presented the 2023 annual financial report to the Council. Moved by Council Member Budziszewski and seconded by Council Member Cummings to accept the 2023 annual financial report provided by Bergan KDV. Voting aye: Kamish, Kiser, Onesirosan, Adams, Budziszewski, Cummings and Eidbo. Motion carried. 8.3 The Council received a budget preview for 2025-2026. Assistant Finance Director Jodi Bursheim addressed the Council. The Council discussed the budget process and provided feedback to staff to aid in preparing the 2025-2026 budget. No Council action required. 8.4 The Council considered a resolution approving the purchase and installation of pool amenities for the Crystal Cove Aquatic Center project. Recreation Director John Elholm addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Kaiser to adopt the following resolution, but with an amendment to remove the new drop slide structure from the existing proposal and the minor amendments to the contract proposed by legal counsel: RESOLUTION NO. 2024 – 61 RESOLUTION TO APPROVE THE PURCHASE AND INSTALLATION OF AMENITIES AND COMPLETE DEMOLITION WORK AT THE CRYSTAL COVE AQUATIC CENTER Voting aye: Kamish, Kiser, Onesirosan, Adams, Budziszewski, Cummings and Eidbo. Motion carried, resolution declared adopted. 8.5 The Council considered the second reading of an ordinance amending the Town Center – Planned Development at 5240 West Broadway to add a sport court to the site, and a resolution authorizing summary publication of the ordinance. Community Development Director John Sutter addressed the Council. Moved by Council Member Eidbo and seconded by Council Member Onesirosan to adopt the following ordinance: ORDINANCE NO. 2024 – 03 AN ORDINANCE AMENDING THE TOWN CENTER – PLANNED DEVELOPMENT (TC-PD) AT 5240 WEST BROADWAY AVENUE And further, that this is the second and final reading. 4.1(b) Crystal City Council meeting minutes June 4, 2024 Page 4 of 5 Voting aye: Kamish, Kiser, Onesirosan, Adams, Budziszewski, Cummings and Eidbo. Motion carried. Moved by Council Member Eidbo and seconded by Council Member Onesirosan to adopt the following resolution: RESOLUTION NO. 2024 – 62 RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ORDINANCE NO. 2024-03 Voting aye: Kamish, Kiser, Onesirosan, Adams, Budziszewski, Cummings and Eidbo. Motion carried, resolution declared adopted. 8.6 The Council considered the second reading of an ordinance amending the Crystal Unified Development Code regarding cannabis businesses, liquor sales and tobacco sales, and a resolution authorizing summary publication of the ordinance. Community Development Director John Sutter addressed the Council. Moved by Council Member Onesirosan and seconded by Council Member Eidbo to adopt the following ordinance: ORDINANCE NO. 2024 – 04 AN ORDINANCE AMENDING THE CRYSTAL UNIFIED DEVELOPMENT CODE REGARDING CANNABIS BUSINESSES, LIQUOR SALES, AND TOBACCO SALES And further, that this is the second and final reading. Voting aye: Kamish, Kiser, Onesirosan, Adams, Budziszewski, Cummings and Eidbo. Motion carried. Moved by Council Member Onesirosan and seconded by Council Member Eidbo to adopt the following resolution: RESOLUTION NO. 2024 – 63 RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ORDINANCE NO. 2024-04 Voting aye: Kamish, Kiser, Onesirosan, Adams, Budziszewski, Cummings and Eidbo. Motion carried, resolution declared adopted. 8.7 The Council considered the second reading of an ordinance amending the ordinance requiring a license and imposing regulations on the retail sale of edible cannabinoid products. Community Development Director John Sutter addressed the Council. Moved by Council Member Eidbo and seconded by Council Member Kiser to adopt the following ordinance: 4.1(b) Crystal City Council meeting minutes June 4, 2024 Page 5 of 5 ORDINANCE NO. 2024 – 05 AN ORDINANCE AMENDING THE ORDINANCE REQUIRING A LICENSE AND IMPOSING REGULATIONS ON THE RETAIL SALE OF EDIBLE CANNABINOID PRODUCTS And further, that this is the second and final reading. Voting aye: Kamish, Kiser, Onesirosan, Adams, Budziszewski, Cummings and Eidbo. Motion carried. 8.8 The Council considered authorizing a letter to Hennepin County and Metro Transit regarding unresolved issues related to the Blue Line Extension Light rail transit project. City Manager Adam R. Bell addressed the Council to provide status update following meeting with County. Moved by Council Member Budziszewski and seconded by Council Member Kiser to continue the discussion of unresolved issues related to the Blue Line Extension Light rail transit project indefinitely. Voting aye: Kamish, Kiser, Onesirosan, Adams, Budziszewski, Cummings and Eidbo. Motion carried. 9. Announcements The Council and staff made announcements about upcoming events. 10.Adjournment Moved by Council Member Budziszewski and seconded by Council Member Cummings to adjourn the meeting. Motion carried. The meeting adjourned at 9:15 p.m. ___________________________________ Jim Adams, Mayor ATTEST: _____________________________________ Christina Serres, City Clerk 4.1(b) Page 1 of 1 City of Crystal Council Meeting June 18, 2024 Applications for City License Lawful gambling (temporary) The Church of St. Raphael, 7301 56th Ave. N., Crystal, MN 55428 (for a parish festival on Aug. 2-3, 2024) Liquor (temporary on-sale) The Church of St. Raphael, 7301 56th Ave. N., Crystal, MN 55428 (for a parish festival on Aug. 2-3, 2024) West Metro Fire-Rescue District Firefighters Relief Association, 4101 Douglas Dr. N., Crystal, MN 55422 (for Crystal Frolics on July 25-28, 2024, at Becker Park and Welcome Park) Rental (new) 4024 Idaho Ave. N. – Empire Care Systems (Conditional) 5240 West Broadway – Crystal Housing Group Rental (renewal) 4355 Colorado Ave. N. – 4355 Colorado Ave N LLC 4051 Douglas Dr. N. – Reill Properties LLC (Conditional) 4507 Douglas Dr. N. – Reill Properties LLC (Conditional) 4016 Idaho Ave. N. – Chris Long (Conditional) 5242 Jersey Ave. N. – Pro Operam 5827 Jersey Ave. N. – Harold Creek 3537 Lee Ave. N. – S&S Real Estate Starts 2910 Louisiana Ave. N. – MNSF T2 SPE LLC (Conditional) 4801 Louisiana Ave. N. – Reill Properties LLC (Conditional) 5625 Maryland Ave. N. – Doug Heinzmann 8332 Northern Dr. – Vincent Martin 5704 Orchard Ave. N. – Sobocinksi M&T LLC 5640 Perry Ave. N. – Invitation Homes (Conditional) 3548 Quail Ave. N. – Vincent Martin 5409 Scott Ave. N. – New Covenant Properties LLC (Conditional) 3256 Welcome Ave. N. – David Huber (Conditional) 5765 West Broadway – MNSF T3 SPE LLC (Conditional) 4755 Xenia Ave. N. – Noah Bruder 6901-6903 36th Ave. N. – Carl Hobus (Conditional) 6820-6824 44th Ave. N. – Minny Investments LLC 6211 32nd Ave. N. – High Seng Chai 6605 45th Pl. N. – Jalana Moe 6917 50th Ave. N. – SFR II Borrower 2021-3 LLC 5701 56th Ave. N. – Harold Creek Transient merchant Art and Rug Express dba Magic Carpets, 4101 E. 46th St., Minneapolis, MN 55406 (for rug and arts sales on June 21-23, 2024 at VFW Post #494, 5222 56th Ave. N., Crystal, MN 55429) Tree trimmer Discount Tree Care, Inc. dba Discount Tree Care, 10629 Little Ave., Waconia, MN 55387 Monster Minneapolis, Inc. dba Monster Tree Service of Minneapolis, 16526 W. 78th St. #320, Eden Prairie, MN 55346 Rainbow Tree Company dba Rainbow Tree Care, 11571 K-Tel Dr., Minnetonka, MN 55343 4.2 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2024 – ___ RESOLUTION ACCEPTING DONATIONS WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution; and WHEREAS, said donations must be accepted by a resolution adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal to accept the following donations: Amount $25 $2,000 $1,000 Donors Daniel Albert VFW Post #494 Westphal American Legion Westphal Post Restaurant Kathy and Gene Gustafson Purpose Recreation Youth Scholarship Fund Airport Open House Airport Open House Airport Open House Airport Open House $1,000 And BE IT FURTHER RESOLVED, that the Crystal City Council sincerely thanks the above-named for their generous donations. Adopted by the Crystal City Council this 18th day of June, 2024. By: __________________________ Jim Adams, Mayor ATTEST: __________________________ Christina Serres, City Clerk $300 4.3 CITY OF CRYSTAL RESOLUTION NO. 2024 - ___ RESOLUTION APPROVING AN APPLICATION TO CONDUCT OFF-SITE GAMBLING FOR LAWFUL GAMBLING TO BE CONDUCTED BY WEST METRO FIRE-RESCUE DISTRICT FIREFIGHTERS RELIEF ASSOCIATION AT CRYSTAL FROLICS WHEREAS, West Metro Fire-Rescue District Firefighters Relief Association holds premises permits and is licensed to conduct lawful gambling in the City of Crystal; and WHEREAS, West Metro Fire-Rescue District Firefighters Relief Association is requesting approval of an Application to Conduct Off-Site Gambling at Crystal Frolics, a community festival, at Welcome Park, 5598 46th Ave. N., Crystal, MN 55422. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal hereby approves the Application to Conduct Off-Site Gambling submitted by West Metro Fire-Rescue District Firefighters Relief Association to conduct lawful gambling in the form of pull-tabs on July 26-28, 2024, at Crystal Frolics in Welcome Park. BE IT FURTHER RESOLVED that the city clerk is authorized and directed to provide a certified copy of this resolution to the Minnesota Gambling Control Board and applicant listed above. Adopted by the Crystal City Council this 18th day of June 2024. ________________________________ Jim Adams, Mayor ATTEST: _______________________________ Christina Serres, City Clerk 4.4 Memorandum DATE: TO: FROM: June 12, 2024 Mayor and Council Adam R. Bell, City Manager SUBJECT: Advisory Commission Appointment ____________________________________________________________________ BACKGROUND Crystal Resolution No. 2016-163 (attached) established a process for recruiting and interviewing candidates for advisory commissions, boards, and task forces. The City Council reviewed the candidate's application for the Inclusion and Diversity Commission and conducted an interview at its May 7 work session. RECOMMENDATION Upon review, the candidate is eligible for appointment. Therefore, Staff recommends the Council consider appointment of Trina Smith to the Inclusion and Diversity Commission to a term to expire Dec. 31, 2025. 4.5 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2016 -163 RESOLUTION ESTABLISHING A PROCESS FOR ACCEPTING APPLICATIONS AND INTERVIEWING APPLICANTS TO COMMISSIONS AND BOARDS WHEREAS, the City Council has, pursuant to the City Code and City Charter, created various commissions and boards to assist the City Council in conducting the business of the City; WHEREAS, Section 305.13, subd. 4 of the Crystal City Code requires the City Council to establish, by resolution, a process for accepting applications and interviewing applicants to commissions and boards; WHEREAS, the process established herein only applies to the selection of members for commission and boards, it does not apply to the selection of members to task forces created by the City Council; and WHEREAS, the City Council has determined that an orderly process for accepting applications and interviewing applicants to commissions and board is needed to find the most qualified individuals to serve on the City's commissions and boards. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, adopts the following process for accepting applications and interviewing applicants to City commissions and Boards: 1. Notice of Positions. The City Manager shall provide the City Council a list of all commission and board positions that are open for appointment in advance of advertising for applications. The list shall include a proposed application deadline. 2. Advertisement. City staff shall prepare and post on the City's website and at City Hall a notice of open commission and board positions and indicate the deadline for receiving applications. The notice shall be posted at least 45 days prior to the application deadline. Notice of the open positions may also be published in the City's official newspaper. 3. Eli ibili . All applicants for a commission or board must be residents of the City. The notice of open positions shall identify any other qualifications for applicants interested in serving on a particular commission or board. 4. Application. City staff shall prepare and make available to the public the application form that must be completed and submitted to the City prior to the established application deadline. The City may reject any incomplete applications. The City Manager shall notify the City Council of the applications received. 4860650 KRH CR205-30 5.34.5 Interviews. The City Manager shall work with the City Council to identify the applicants to be interviewed and to schedule and conduct the interviews. The City Council shall conduct interviews at least once annually for all open positions. 6. Selection. The City Council shall appoint members to commissions and boards by a majority vote at a City Council meeting. Those selected shall serve in accordance with Section 305 of the Crystal City Code and the ordinance adopted to create the commission or board. Adopted this 20th day of December, 2016. ATTEST: Chrissy Serres ity Clerk 2 4860650 KRH CR205-30 BY THE CITY COUNCIL Jim Ad s, Mayor 5.34.5 4.5 4.5 4.5 4.5 4.5 4.5 Memorandum DATE: June 12, 2024 TO: Mayor and City Council FROM: Adam R. Bell, City Manager SUBJECT: Hennepin County All-Hazard Mitigation Plan ____________________________________________________________________ Background The City of Crystal, with the assistance of the West Metro FireRescue District, has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000. The plan undergoes periodic revision and amendment, which must be approved by FEMA and then the participating local governments. Hennepin County’s updated Multi-Jurisdictional Hazard Mitigation Plan has been approved by FEMA, and is now ready for adoption. Due to the size of the plan, it is not included in the packet but is available to review at city hall. The adoption of this document supports our eligibility for mitigation grant programs such as the Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC) program, and the Flood Mitigation Assistance (FMA) program. Recommendation Recommend approval of resolution adopting the Hennepin County All-Hazard Mitigation Plan. Attach: Resolution Adopting the Hennepin County All-Hazard Mitigation Plan 4.6 CITY OF CRYSTAL RESOLUTION 2024 - RESOLUTION ADOPTING THE HENNEPIN COUNTY ALL-HAZARD MITIGATION PLAN WHEREAS, the City of Crystal, with the assistance of the West Metro Fire­Rescue District, has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and WHEREAS, the Act establishes a framework for the development of a multi­jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Hennepin County Plan includes a risk assessment including past hazards, hazards that threaten the county, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Hennepin County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Hennepin County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents, and how Hennepin County will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS, the Hennepin County All­Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS, this is a multi­jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal that Crystal supports the hazard mitigation planning effort and wishes to adopt the Hennepin County All­Hazard Mitigation Plan. Adopted by the Crystal City Council this 18th day of June 2024. ________________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 4.6 DATE: June 12, 2024 TO: Adam R. Bell, City Manager City of Crystal City Council FROM: Jean McGann, Contracted Finance Director RE: Expenditures over $25,000 Payee Amount Center for Energy & Environment Home Improvement Rebate Program $43,252.28 Golden Valley JWC JWC April Water Charges $163,993.93 Core & Main LP Radio Upgrade Project $166,725.00 Kone Inc Elevator Modernization $54,452.04 MN PERA Employee & City Required Contributions for 6/7/24 Pay Date $71,911.93 HealthPartners, Inc.June Health Insurance Premiums $140,518.00 IRS - EFTPS Federal & FICA Withholding Taxes for 5/24/24 Pay Date $71,239.86 $712,093.04 Description 6.1 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: June 12, 2024 TO: Mayor and City Council Adam R. Bell, City Manager FROM: John Elholm, Recreation Director Jason Minnick, Facilities Manager SUBJECT: Construction Mgmt. Service Amendment for the Crystal Cove Aquatic Center In January of 2024, the city of Crystal entered into an agreement with Kraus-Anderson for predesign, bidding and construction management services at the Crystal Cove Aquatic Center. The agreement comprised of a fee for preconstruction / bidding, as well as a fee estimate for construction management that included 2% of the construction amount for the construction manager - plus hourly rates for administrative and management personnel (90% for the pool and 10% for the entryway). Specific construction management fees would be brought back via amendment once project costs and timelines were established. Now that bids are opened and an estimate of project length has been determined, an amendment to the agreement has been provided by Kraus-Anderson. Amended sections include: •1.1.3 – Cost of construction work $4,710,576. •1.1.4.2 – Construction commencement date of June, 2024. •11.1.2 – Replaces broad payment (percentage) amounts in original agreement with: i.Fixed fee of $94,212 (2% of construction amount). ii.Stipulated sum of $426,746 based on hourly rates for staff administering the project. iii.Costs for construction manager’s general conditions (as needed pass-through costs). Estimate up to $120,000 for the pool and up to $85,000 for the building. iv.Reimbursable expenses (included in item ii above). The above fees have been included in recent cost estimates / budget for the projects. They assume an 8-month schedule not including a pause for winter. Should the construction phase extend beyond 8 months, additional fees shall not exceed $12,319 per week or $53,343 per month. Staff recommends approval of the resolution authorizing a contract amendment with Kraus Anderson for construction management services at the Crystal Cove Aquatic Center. 6.2 CITY OF CRYSTAL RESOLUTION 2024 - RESOLUTION APPROVING AN AMENDMENT TO THE CONSTRUCTION MANAGEMENT AGREEMENT FOR THE CRYSTAL COVE AQUATIC CENTER PROJECT WHEREAS, the City of Crystal owns and operates Grogan Park and the Crystal Cove Aquatic Center; and WHEREAS, the 2024 capital budget (building fund) includes funds to replace the original part of the pool and related features as well as make improvements to the entrance of the pool building; and WHEREAS, additional funds have been authorized through a special legislative appropriation for the pool part of the project and a Hennepin Youth Activities Grant has also been approved for the project; and WHEREAS, in July of 2023, the City hired USAquatics to develop construction plans for replacement of the original aquatic center pool structure and hired HCM Architects to develop construction plans for improvements at the aquatic center building entrance; and WHEREAS, in January of 2024, the City entered into an agreement with Kraus-Anderson to gather and analyze cost estimates, assist with bidding and manage construction of the project; to ensure the complex project is completed in accordance with the City's designs, specifications, and timelines; and WHEREAS, the agreement with Kraus-Anderson comprised of a fee for preconstruction as well as a fee estimate that included 2% of the construction amount for the construction manager - plus hourly rates for administrative and management personnel. Specific construction management fees would be brought back via amendment following bid award; and WHEREAS, Bids have been awarded and Kraus-Anderson has provided amendment #1 to the city’s agreement with them that falls within the project budget; and NOW, THEREFORE, BE IT RESOLVED: A.That the Crystal City Council wishes to enter into amendment #1 to the agreement with Kraus-Anderson; to manage construction of the Crystal Cove Aquatic Center facilities. B.The Mayor and City Manager are authorized to execute the amendment with the Contractor on the City's behalf and to take such other actions as may be needed to secure construction management services. Adopted by the Crystal City Council this 18th day of June 2024. ________________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 6.2 CONTRACT AMENDMENT NO. 1 TO CONSTRUCTION MANAGER AGREEMENT THIS AMENDMENT TO CONSTRUCTION MANAGER AGREEMENT is made this 6th day of June, 2024 by City of Crystal ("Owner") and Kraus-Anderson Construction Company ("Construction Manager"). WITNESSETH THAT WHEREAS: A. Owner and Construction Manager are parties to that certain AIA C132 – 2019 Standard Form of Agreement Between Owner and Construction Manager as Adviser dated January 1st, 2024 (the “Contract”) with respect to construction management on the Crystal Cove Renovation Projects for the Owner (the “Project”). B. Owner and Construction Manager now desire to amend the Contract. NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby amend the Contract and agree as follows. 1. Section 1.1.3 of the Contract shall be amended to state the following: $4,710,576.00 2. Section 1.1.4.2 and of the Contract shall be amended to state the following: Construction Commencement Date of June, 2024 3. Section 1.1.4.3 and of the Contract shall be amended to state the following: Construction substantial completion date shall occur after 170 workings day after the commencement date. Excluding a winter shut down of a length to be determined at a later date. 4. Section 11.1.2 of the modified language shall be deleted and replace with the following: The Construction Manager shall be paid (i) a lump sum fixed fee of $94,212.00 (ii) a stipulated sum of $426,746.00 for administering and managing the Project based upon the hourly rates set forth in Section 11.5.1, (iii) the costs of Construction Manager’s field labor for general conditions work at the hourly rates set forth in section 11.5.2, and (iv) any Reimbursable Expenses. For the Construction Manager’s costs for administrating and managing the Project referenced in Section 11.1.2(ii), the stipulated sum assumes an 8-month schedule for the 6.2 Construction Phase not including the pause. Should the Construction Phase extend beyond 8 months, the Construction Manager is entitled to charge additional amounts at the hourly rates set forth above not to exceed the following: (i) $12,319.00 per each additional week, or (iii) $53,343.00 per each additional month 4. This Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original and all of which counterparts, taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this document by email or other generally accepted electronic means shall be effective as delivery of a manually executed counterpart of this document. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to Construction Manager Agreement as of the date first set forth above. The undersigned further acknowledges that he or she is authorized to enter into this Amendment on behalf of the party designated below. CITY OF CRYSTAL: Kraus-Anderson Construction Company: By: ________________________ By: ________________________ Adam Bell Its: City Manager Its: ________________________ Date: ________________ Date: ________________ By: ________________________ Jim Adams Its: Mayor Date: ________________ 6.2 Memorandum DATE: June 18, 2024 TO: City Council FROM: Jesse Struve, PE, Director of Public Works/City Engineer Pat Sele, Utilities Superintendent SUBJECT: Joint Water Commission Watermain Adaptors Purchase Summary In preparation for various JWC projects (water main replacement, valve replacement) as well as having supplies on hand for emergency needs, staff have assembled a large parts order to replenish inventory. These parts are necessary to have critical parts on hand in case there is a watermain break. Due to the lead time of these parts being a minimum of 3 months it is vital that the JWC maintain a full inventory for both planned and unplanned needs. This project is a Joint Water Commission purchase that the City of Crystal is administering. The Joint Water Commission has approved proceeding with this work and Crystal will be refunded by the JWC after the purchase. Project Cost Thompson Pipe Group estimate is $34,177.14, to be paid for entirely by the Joint Water Commission. Project Funding This project will be funded using the Joint Water Commission utility funds. Recommended Action •Motion to approve resolution approving the quote from Thompson Pipe Group for the purchase of watermain adaptors. Attachments •Resolution •Quote from Thompson Pipe Group 6.3 RESOLUTION NO. 2024- _____ AUTHORIZING THE PURCHASE FOR JWC WATERMAIN ADAPTORS WHEREAS, the Crystal City Council is committed to providing and maintaining quality infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities in the City; and WHEREAS, the Joint Water Commission’s (JWC) Capital Improvement Project has funds available for the purchase of the watermain adaptors; and WHEREAS, the City is acting on behalf of the JWC in administering this purchase; and WHEREAS, the City has obtained a quote for the items; and WHEREAS, the City will be reimbursed for this purchase by the JWC. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the purchase of the JWC watermain adaptors from Thompson Pipe Group in the amount of $34,177.14. BE IT FURTHER RESOLVED that the Mayor and/or City Manager are hereby authorized to sign said contract. Adopted by the Crystal City Council this 18th day of June 2024. Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 6.3 Patrick Sele City of Crystal, MN Phone: (763) 531-1166 Fax: Email: patrick.sele@crystalmn.gov Date: 5/17/2024 Rep.: Davis Cassell Qty Item # Name Price Total 1 16 L301 Bell x MJS $4,545.71 $4,545.71 1 16 L301 Spigot x MJS $4,545.71 $4,545.71 1 16" X 12" Joint Wrap (Diaper) (Additional)$20.00 $20.00 1 16" LCP Gasket (Additional)$48.00 $48.00 1 18 L301 Bell x MJS $4,854.43 $4,854.43 1 18 L301 Spigot x MJS $4,854.43 $4,854.43 1 18" X 12" Joint Wrap (Diaper) (Additional)$24.00 $24.00 1 18" LCP Gasket (Additional)$52.00 $52.00 1 30 L301 Bell x MJS $6,191.43 $6,191.43 1 30 L301 Spigot x MJS $6,191.43 $6,191.43 1 30" X 12" Joint Wrap (Diaper) (Additional)$32.00 $32.00 1 30" LCP Gasket (Additional)$68.00 $68.00 1 Freight (Estimate) PrePay & Add $2,750.00 $2,750.00 1 Diaper & 1 Gasket included Per Adapter Cement Transition Letter Attached Lead Times: 12-14 Weeks To place order, please return Signed Quote, PO (If Applicable), Completed Job Info Sheet, Sales Tax Exemption Certificate (If Applicable). Sub Total $34,177.14 Shipping & Handling Taxes 0.000%$.00 TOTAL $34,177.14 1003 MacArthur Blvd Grand Prairie, Texas 75050 Phone: 972-262-3600 Quote #: 240517-7828 Adapters Crystal MN ***ALL QUANTITIES ARE ESTIMATED. ACTUAL QUANTITIES WILL BE INVOICED AT QUOTED RATE. STAND-BY TIME WILL BE APPLIED. Thank you for your business. 6.3 Quote # Today's Date: THOMPSON PIPE GROUP CUSTOMER INFORMATION SHEET Public Work Private Work Name and Location of Job - Address, Zip and County Owner Name and Address: (If Applicable) General Contractor Name and Address: (If Applicable) Subcontractor Name and Address: (If Applicable) Bond Company Name, Address and Bond Number: (Surety name - not insurance co): * When available, please attach a copy of the payment bond. PO #: Tax Exempt: Yes No Certificate Attached: Yes No Sales Representative: Phone: Contact: *Job Site Contact: Cell: Phone: Contact: *Job Site Contact: Cell: Phone: Contact: *Job Site Contact: Cell: Is the Job Bonded? Yes No Phone: Contact: Bond No: NOTE: IF PROJECT IS TAX EXEMPT, PLEASE FORWARD A COPY OF THE TAX EXEMPTION CERTIFICATE. OR YOU WILL BE RESPONSIBLE FOR TAXES Completed By: Date Completed: The following information is required prior to scheduling and ordering material. 6.3 THOMPSON PIPE GROUP PRESSURE PIPELINE SERVICES TERMS AND CONDITIONS: Scheduling of Welding Services: Standard lead time for welding services is 2- 3 weeks. Expediting these times is possible depending on volume and project. The actual date/time of service is subject to mutual agreement and the final scheduled date must be confirmed by Thompson Pipe Group Pressure. In the event work is scheduled and subsequently cancelled, Thompson Pipe Group Pressure will make every attempt to reschedule as per your request. Scheduling of Tapping Services: Standard lead time for tapping services is 2- 3 weeks. Expediting these times is possible depending on volume and project. The actual date/time of service is subject to mutual agreement and the final scheduled date must be confirmed by Thompson Pipe Group Pressure. In the event work is scheduled and subsequently cancelled, Thompson Pipe Group Pressure will make every attempt to reschedule as per your request. Material Delivery Terms: 1) DIP mechanical accessories are not included with this quote 2) Freight to be FOB Thompson Pipe Group Pressure facility, pre-paid and add. 3) Materials on this quote are based on our standard coating, lining and specs unless otherwise noted. 4) Material Delivery Terms: F.O.B. Origin 5) Prices are Quoted for Class 250 pipe unless otherwise noted. II. SPECIAL NOTES PERTAINING TO PRICES QUOTED The following notes are conditions of the pricing quoted herein: 1) Prices are firm for 30 days from the date of this quote. 2) Pricing includes one laying gasket (polyisoprene, 60 Duro) and one grout wrapper per Thompson Pipe Group Pressure joint. Additional gaskets and diapers will be invoiced accordingly. 3) A cancellation charge applies if the order is cancelled. Materials are not eligible for return or credit unless specifically authorized by Thompson Pipe Group Pressure PRIOR TO RETURNING. 4) Normal business hours are defined as 8:00am to 5:00pm, Monday thru Friday, exclusive of holidays. OVER TIME CHARGES APPLY IF WORK IS PERFORMED AFTER NORMAL BUSINESS HOURS. 5) STANDBY charges may apply and will Invoiced to buyer’s account. 6) ALL QUOTED PRICING is contingent upon the customer furnishing materials and/or services as defined below. 6.3 7) Contractor or Owner is responsible for providing and mounting tapping valve unless otherwise specified. 8) If these quoted materials are used to connect to an existing concrete pressure pipeline, it is the responsibility of the purchaser to ensure that the existing pipeline is properly restrained to account for any thrust forces that may result from this modification. Please contact Thompson Pipe Group Pressure staff if there are any concerns or questions regarding the use of this material. Site Preparation 1) Contractor or Owner is responsible for arranging and paying for all necessary permits, licenses, fees and/or inspections 2) Contractor or Owner is responsible for all excavation de-watering, ventilation and/or scaffolding necessary to provide clear and safe workspace per applicable OSHA requirements. 3) Contractor or Owner is responsible for removal of all hazardous and /or explosive chemicals from within pipeline, and surrounding area Safety 1) Contractor or Owner is responsible for site excavations must meet Occupational Safety and Health Administration (OSHA) Safety Standards 2) CONFINED SPACES WILL NOT BE ENTERED UNTIL OSHA PERMIT ENTRY PROCEDURES HAVE BEEN COMPLETED to our personnel’s satisfaction. 3) The work site location must be accessible by a suitable roadway from a public highway. If the jobsite location or site conditions require barricades, traffic control or assistance, you or your representative must furnish barricades and assistance. 4) Site conditions MUST be suitable for safe and efficient welding / tapping. If Wet / Muddy conditions exist, rock, pallets or other acceptable material must be employed to facilitate safe and efficient work conditions. Equipment & Utilities - Personnel to operate required. 1) Contractor or Owner is responsible to furnish electric power and lighting as required by us to perform our work. 2) Contractor or Owner is responsible to furnish an air compressor capable of operating and delivering compressed air at 185 cfm at 90 psi. 3) Contractor or Owner is responsible for furnishing any necessary lifting equipment to lift, move, set, or place our furnished equipment or materials. Labor 1) Contractor or Owner is responsible to furnish at a minimum, one man designated as your representative to provide safety oversight. Your representative must always be available to us when we are performing work on site for you. 2) Contractor or Owner is responsible to furnish labor to assist in rigging or handling materials in and out of work area. 6.3 3) Contractor or Owner is responsible for Pipeline Preparation 4) Thompson Pipe Group provides grout material and labor to grout the saddle and the gland. Thompson Pipe Group provides and installs diaper. Thompson Pipe Group DOES NOT provide material or labor to fill diapers with grout / mortar unless otherwise specified. 5) You or your representative will be asked by our personnel to verify and confirm the pipeline operating pressure is reduced to a safe working limit (generally <90 psi) 6) Contractor or Owner is responsible for Post Repair 7) Contractor or Owner is responsible for Clean-up and debris removal. 8) Contractor or Owner is responsible for Inspection of the work and sign off / acceptance of completion. 9) Contractor or Owner is responsible for Restoring the pipeline and site to service after our work is complete 10) TAPPING: Coupon retrieval is not guaranteed and in the event the coupon is not retrieved, or pilot bit is broken, Thompson Pipe Group Pressure is not liable for any costs associated with retrieval. IV. ADDITIONAL ESCALATION Prices are firm for material shipped within 120 days of our acceptance of your order. Prices for material shipped after 120 days will be increased 1.5% per quarter until complete shipment is made on the order. DELIVERY Ready-to-ship/delivery noted elsewhere within this quotation is based on current production schedules and is based on your release for manufacturing or our receipt of approved drawings, and receipt of purchase order. Completed at a rate jointly determined by the purchaser and seller, subject to the terms and conditions herein. Changes in our production schedule prior to acceptance of this quotation may require adjustments in the delivery estimate. NOTE: Jobsite must be accessible to normal truck/trailer operations with no pushing or pulling allowed on truck/trailer. Only items specifically stated are included in the price(s). PAYMENT Invoiced amounts are due 30 days after invoice date, without any right of offset. Thereafter, interest accrues on any unpaid amounts at the rate of 1½ % per month, compounded monthly. Payment shall not be subordinated to any retention, project specifications, or third-party contract terms and conditions specifying when Buyer will be paid for the Products. SERVICE CHARGE 1.5% per month on the unpaid balance will be due on all amounts unpaid 30 days after the due date. ACCEPTANCE This quotation is valid for acceptance for 30 days from date of bid shown on this quotation. If an award is not made within that time, we will accept an order from you contingent upon your receipt of a contract with the owner. SERVICE WARRANTY All service work, including but not limited to tapping, welding, line stop, field representation performed by us is subject to the satisfaction and acceptance of the customer at the time of performance, and no other responsibility or liability is accepted or implied by us. 6.3 BASIS OF QUOTATION This quotation is made subject to the attached terms and conditions. All quotations are subject to correction of stenographic errors. Shop Drawings: One complete set of shop drawings will be prepared and are included at no additional charge. Unless caused by our error, additional time spent on shop drawing preparation for previously completed drawings will be charged at the rate of $125 per hour. WARRANTIES: Seller warrants that its Products meet its published product specifications in effect at the time of manufacture. This warranty is valid for 12 (twelve) months after manufacture. Seller ’s specifications represent typical values obtained in accordance with ASTM testing methods. This warranty does not cover damage in shipment. Seller makes no other express warranties. Seller, disclaims and the buyer waives all implied warranties, including merchantability and fitness for a particular purpose. Warranty or defect claims must be received by Seller within 30 days after discovery or within one year of shipment, whichever is earlier. ANY CAUSE OF ACTION THAT BUYER MAY HAVE AGAINST SELLER AND WHICH MAY ARISE UNDER THIS CONTRACT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN. Buyer's sole recourse for breach of this warranty is (a) repair of the defective Products; (b) replacement of defective Products with conforming Products. F.O.B. Shipping Point; or (c) the return of purchase price, at Seller’s sole discretion. Short count claims must be made in writing 7 days of receipt of the Products. Seller may require verification of any such claim. Defective goods should be shipped to Seller, freight prepaid, but only after prior written approval by an authorized Seller Manager. Claims that are not made within the applicable claims period are deemed waived. This limited warranty covers normal use. Seller does not warrant and is not responsible for: (a) damage caused by failure to provide a suitable installation or operating environment for the Products; (b) damage caused by any accidents; (c) damages caused by any disaster such as fire, flood, wind, earthquake, or lightning; (d) damage caused by unauthorized attachments, alterations, modifications or foreign objects; (d) damage caused by the use of the Products for purposes other than those for which they are customarily used; (f) damage from improper installation or maintenance; or (g) damage caused by any other abuse, misuse, mishandling or misapplication. Furthermore, this limited warranty shall not apply to any Products or parts of Products which have been repaired or altered outside of Seller factory, in any manner. All technical advice, recommendations, and services of Seller are intended for use by persons having skill, at their own risk, and Seller assumes no responsibility, and buyer hereby waives all claims against Seller, for results obtained or damages incurred from the use of Seller advice, recommendations, and services. Unless otherwise agreed in writing, Seller makes no further warranty of any kind, express or implied, relating to the product, whether used alone or in combination with other materials. Seller MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR END-USE OR PURPOSE. Seller DISCLAIMS ANY WARRANTY EXCEEDING THE EXPRESS WARRANTY STATED HEREIN. STORAGE: In the event the Buyer delays receipt of shipment(s) scheduled beyond 15 days, Seller will invoice customer at a pro-rated monthly rate of 1-1/2% of the value of the delayed shipment(s) to cover storage and carrying costs up to 59 days. In the event Buyer does not accept delivery of Products within 60 days of the Buyer submitted delivery schedule agreed upon between the Seller and Buyer, Buyer agrees to pay a monthly storage fee of three percent (3%) of the price of the stored Products until delivery occurs. Risk of Loss transfers to Buyer at the point Buyer fails to accept or schedule delivery in accordance with the agreed schedule. Any rescheduling shall be by mutual agreement with the same prevailing terms. Title to the 6.3 Products and risk of loss, passes to Buyer upon the commencement date of such additional charges. Seller will be entitled to invoice material manufactured and stored on Buyer’s behalf after 60 days. Buyer shall be responsible for payment of said invoice whether products have been delivered to job site. PRICE ESCALATION: Any Products not delivered to the jobsite within 182 calendar days of 1st delivery or ordered manufacture date will be subject to an 8% escalation charge of product cost, at whichever date is earlier. Additional escalation charges will be assessed each subsequent 182 calendar day term period, until all remaining Products have been delivered. In the event of escalation of steel prices, additional charges shall be based on American Metal Markets Hot Rolled Coils Index, FOB Midwest Mill. The pipe pricing adjustment shall be for every $1.00/cwt in movement in steel price indices; pipe selling price will be adjusted by 1.5%. RETURNS: Seller is producing an engineered product per customer order. Seller does not accept return to stock material unless mutually agreed upon. Should Buyer wish to return, and Seller agrees to accept any material from original purchase order, Buyer will incur a charge of 30% of the net selling price plus any charges incurred by Seller to inspect, transport and rework material to working condition upon delivery to Seller ’s inventory. FLANGED PRODUCTS ARE SPECIAL ORDER AND MAY ONLY BE RETURNED FOR REPLACEMENT UNDER A WARRANTY CLAIM. FORCE MAJEURE: Seller may suspend or delay its delivery of any Product ordered hereunder upon the occurrence of any event beyond Seller's reasonable control, including, but not limited to, wars, terrorist acts, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lockouts, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, any other act of God, any utilities outage, or any law, proclamation, regulation, ordinance of any court, government or governmental agency. Unavailability of supplies (except if an event of Force Majeure as described before occurs with Seller's supplier(s)), and failure of suppliers, are within Seller's control. Seller may only rely on the above provision if it promptly notifies BUYER in writing—either by fax or by email—of the occurrence of any of the above events. BUYER shall be entitled to cancel a Product Purchase Order if the delay lasts for more than 16 weeks and may place a corresponding order with another supplier. III. THOMPSON PIPE GROUP ATTACHMENTS PROVIDED WITH THIS QUOTATION Attachments: - Quote - Customer Information Sheet (COMPLETE AND RETURN WITH ORDER) IV. Sales Tax: 6.3 TAXES Sales or Use Tax are not included. Purchaser is responsible for payment of any such assessments. If project is tax exempt, purchaser must furnish a tax exemption certificate at time of signing quotation, or tax will be invoiced. CUSTOMER ACCEPTANCE: Company: ____________________________________ Print Name: ___________________________________ Title: ________________________________________ Thompson Pipe Group Pressure Quote Number: ___________________ 6.3 Memorandum DATE: TO: FROM: SUBJECT: June 12, 2024 Mayor and City Council Adam R. Bell, City Manager Approve Purchase of Questica Budget Software BACKGROUND The city currently prepares the operating budget and Long Term Plan (LTP/10-year Capital Improvement Plan) using a combination of JD Edwards ERP software (Hubble), Microsoft Office (Excel and Word), and Adobe Acrobat Professional (PDF). Given the current functionality and accessibility limitations and less than ideal support options of the current budget software system, staff is recommending the acquisition of a cloud-based budgeting and planning, and reporting and transparency software system. The operating budget and LTP process are managed by the finance department and the city’s finance consultant, Abdo, with support from all city departments. We currently use other ERP software and Excel spreadsheets to develop salary and benefit costs, reports are then run and amounts are manually keyed into Hubble for budgeting. This is a labor-intensive process and is open to errors. The LTP also is developed using the old budget system, information is entered and then exported into Excel spreadsheets to prepare the LTP report. To prepare the budget document, staff must run reports in Hubble and manually enter amounts into the budget document. The budget and LTP reports are manually prepared using Microsoft Word and Excel and finally published with Adobe. The current budget system software does not have any tracking or user-friendly tracking features that allow staff to view useful reports or easily track revenue and expenditure. Due to the number of systems that are not designed specifically for the purpose of preparing an operating budget and CIP, the city’s preparation process is a very time-intensive one that focuses a disproportionate amount of time on data entry and document preparation, leaving minimal time for priority setting, analysis, and identification and correction of potential fiscal issues. In choosing a new budgeting software, staff considered the following: •Easy to access real-time information •Forecasting capabilities •In-system personnel budgeting •Reporting functions that are end-user friendly and customizable 6.46.46.4 •Cloud-based hosting •Position control maintenance for staffing •Decentralization of responsibilities during the budget development cycle •Budget document development capabilities to reduce “rework” done by staff •Dynamic, interactive dashboard with public-facing capabilities Additionally, staff considered user experience reviews, implementation resources and timeline, other local governments’ product of choice, software’s cohesion with the city’s general ledger system, staff impact, and the total cost of product ownership. Staff looked at several different budget software solutions to determine the overall best choice for the city. The solutions evaluated were OpenGov, ClearGov, and Questica. After researching the available options, staff is recommending Questica. Questica’s desireables are described in greater detail below. Questica overview Questica is a budget-focused, cloud-based solution, considered a leader in the field of government budgeting software. Questica offers a comprehensive budgeting solution and salaries module with a 20-year track record. Questica’s budget solution can streamline the city’s current budget process by way of its easy-to-learn and use design. The budget workflow process is designed to simplify the budgeting experience for both the budget managers and the staff inputting the information. Budget managers can see the status of the various departments and review budget submissions through a task management dashboard. Personnel budgeting is simplified within this solution as salary and benefit costing can be easily done through a toggling of attributes on an employee’s page. The Questica solution offers a comprehensive capital budgeting tool that is easy to navigate. Users can view the project in total, or by year, to track financial integrity and project status. The operating and capital budget can be viewed in Questica’s transparency and visualization tool, Open Book. To publish a budget document and LTP/CIP with Questica the city will also have access to the budget book module. Questica provides unlimited licenses with the ability to set control parameters per user. Staff requested a five-year quote from Euna the owner and distributor of Questica. The quote included both implementation and support for software as a service (SaaS). Year 1 is $ 49,500 (SaaS -$34,500 and Professional Services - $17,000) Year 2 is $ 36,225 (includes 5% increase) Year 3 is $ 38,036 (includes 5% increase) Year 4 is $ 39,938 (includes 5% increase) Year 5 is $ 41,935 (includes 5% increase) Total 5 Year contract is $205,634 Staff also looked at alternative procurement options, but even when considering procurement from cooperative purchasing resale vendors, the direct procurement from Euna was the lowest cost. Because this is a specific software, the city can purchase this software directly from the vendor without using competitive bidding. 6.46.46.4 RECOMMENDATION To address inefficiencies and shortcomings present in the city’s current operating budget and LTP/CIP preparation process and systems, staff recommends the acquisition of a unified budget and CIP platform that allows for ease of department request entry, submittal, and evaluation, preparation of revenue and expenditure projections, development of salary and benefit costs, creation and presentation of proposed and adopted budget books and associated reports for internal and external users, as well as a dynamic interactive public dashboard. After considerable research, staff is recommending the selection of Questica due to the outstanding customer service reports received from other cities, ease of use, functionality, reporting, online interactive dashboard, and commitment to continually invest in and improve their software to meet the needs and requests of customers. The attached motion approves the authorization of an agreement with Questica LTD for the purchase of a Budgeting and Planning, and Reporting and Transparency Platform software system. Staff recommends approval of the motion. ATTACHMENTS Resolution approving purchase of Questica Budget Software Questica Budget Proposal and Exhibits 6.46.46.4 RESOLUTION NO. 2024 - ____ Resolution Authorizing Purchase of Questica Budget Software WHEREAS, the City of Crystal has a need to acquire software to increase administration efficiencies, to enable city operating, personnel and capital budgets to be on the same platform and to allow for multi-year budgeting; and WHEREAS, the City researched multiple budget software options, and staff determined that Questica’s product and subscription plan best suits the City’s needs; and WHEREAS, the City researched several procurement methods for the software and because this is a specific software, the City is not required to seek competitive bids; however, staff also learned that direct purchasing through EUNA Solutions, Questica's parent company, is the lowest cost procurement method, including via cooperative purchasing programs; and WHEREAS, Questica is proposing a five (5) year agreement that has a year one cost of $34,500, and a professional services implementation of $17,000, with a proposed 5-year cost of $205,634 that allows unlimited license seats for operating, personnel planning and capital modules; WHEREAS, the software subscription agreement and technical standards, included in the Council Packet, lay out the essential terms of the agreement, including cost to the City and term of the Agreement; NOW, THEREFORE BE IT RESOLVED, that the Questica Agreement is accepted, and the Mayor and City Manager are hereby authorized to execute this Agreement. Approved by this 18th day of June 2024. City of Crystal Minnesota ______________________ Jim Adams, Mayor ATTEST: _______________________ Christina Serres, City Clerk 6.46.4 Efficient, accurate and collaborative budgeting all in one. Questica works with government agencies to better enable data-driven budgeting and decision-making, while increasing data accuracy, saving time and improving stakeholder trust. Questica Budget Suite drives budget transformation by creating a single source of data truth. Questica Budget is an easy-to-use, comprehensive and collaborative cloud-based solution for operating, capital and salary budget preparation and performance management. • Better budget process with workflow, approvals and role-basedsecurity. Create unlimited what-if scenarios, decision packages andmulti-year budgets. • Integrates with financial, HR and other systems. • Position, salary and benefit planning. •Statistical ledger, funding gap/revenue analysis, and capital projectplanning/reserve analysis. •Easily assemble actionable data from anywhere in the system foranalysis from our Report Center. Create interactive and sharabledashboards, Smart on-screen and/or Print Reports. •Easily produce reports, financial statements and your annualBudget Book. • Our Advanced Calculation Engine enables complex modeling forrevenue, projections, and activity-based costing. •Anchorage, AK •Bell Gardens, CA •Champaign, IL •City of Alpharetta, GA •City of Avondale, AZ •City of Boise, ID •City of Buffalo, MN •City of Escondido, CA •City of Garland, TX •City of Goodyear, AZ •City of Maple Valley, WA •City of Marion, IL •City of Southfield, MI •City of Taft, CA •City of Temecula, CA •Clark County, WA •Clean Water Service, OR •Clear Creek County, CO •Corona, CA •Denver, CO •East Hampton, NY Questica’s budgeting, performance and transparency software solutions help government agencies to deliver better outcomes. Learn more at questica.com or schedule a demo with us today! Better public sector budgeting and performance. Budget Over 700 public sector customers use Questica’s budgeting solutions including: Government •Greensboro, NC •Goodyear, AZ •Horizon City, TX •Lafayette Consolidated Government •Midpeninsula Regional Open Space District, CA •Multnomah County, OR •New Orleans, LA •Palo Alto, CA •Public Defender Service for the District of Columbia •Reedy Creek Improvement District, FL •Riverside, CA •Seattle, WA •Shelby County, TN •Southampton, NY •Spokane County, WA •Suisun City, CA •Superior Court Of California – County Of Ventura •Town of Middletown, DE •Uwchlan Township, PA 6.46.4 Track your progress. Measure your government agency’s strategic goals and outcomes. •A system of programs, measures and scorecards. •Track an unlimited number of budget and non-budget key performance indicators (KPIs). •Monitor with user-defined dashboards. Alerts and reminder notifications. •Interactive analytic tools. Drill down to specific strategies, programs, and initiatives. •Integrates seamlessly with Questica Budget. Build trust by being transparent and accountable. • Showcase financial and non-financial data with interactive charts, tables and graphics with descriptive text, and informational pop-ups. •Share data through all social channels, access via web and mobile. • Engage with the council, staff, citizens and others in your community for better conversations about programs and services. • Project Explorer visualization for Capital Budgets allows organizations to display on a map every infrastructure project, including the budget, actual spend, funding sources, and accompanying documentation, images, video, etc. •Minimize data duplication/re-entry with seamless integration with Questica Budget. •Integrates with Balancing Act’s budget simulator tool to promote and support deeper two-way stakeholder consultation and engagement. Learn more at questica.com or schedule a demo with us today! Questica is the recognized leader in budget preparation and management software. Over 700 public sector and non-profit organizations across North America have eliminated spreadsheets, opting for smarter planning, budgeting, management, transparency and engagement with our solutions. Questica is part of the GTY Technology group of companies. A GovTech 100 company. Performance OpenBook “Implementing Questica Budget has saved us over $85,000 in productivity savings annually.” Walter Rossmann, Former Director, Office of Management & Budget, City of Palo Alto, California “The data (in OpenBook) that provides the most detailed information comes from Questica Budget. OpenBook is a straightforward way to graphically display our budget dollars, while only conveying information that the public wanted.” Meridy Semones, Manager, Office of Management & Budget, The City of Largo, Florida 6.46.4 www.questica.com © Copyright Questica. All rights reserved. City of Crystal MN Prepared By: Mike Sullivan Prepared On: May 13, 2024 Brownsville, TX | December 2021 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 2 May 13, 2024 Adam Bell and Kim Therres, City of Crystal MN Dear Adam and Kim, Questica Ltd. is thrilled with the possibility of partnering with the City of Crystal in its effort to transform the current budget development and management process. We welcome an opportunity to leverage over 25 years of success with similar sized customers across North America to help the City of Crystal • Transition from labor-intensive, unsupported on premise software to an efficient, comprehensive, cloud based budgeting and forecasting software system • Enable city staff to more actively participate in a collaborative budgeting process remotely or in the office • Better serve the planning team, finance staff, and executive leadership by facilitating analytics with up-to-date information presented in actionable reports, dashboards, and queries • Budget more effectively for personnel, manage multiple scenarios and decision packages in a single system with a consistent, user-friendly user-interface Questica proposes a Software-as-a-Service (SaaS) subscription of our industry leading multi-user Questica Budget solution and our professional services for implementation, integration, configuration, training, and post -implementation customer support. Questica is unique in providing a fully integrated solution offered with a consistent and well -organized user-interface that is purpose-built for budgeting in the public sector. Simply put, Questica is THE most trusted budgeting solution provider by governments in North America. Some key considerations that set Questica apart include the following: • Full circle, end-to-end budgeting solutions: Questica provides a single solution with modules and functionality to address your budgeting needs from start to finish. Per your requirements, we’ve provided a proposal that addresses your Operating, Personnel, Capital and Transparency budgeting needs. • More configurable, less customizations: Questica’s 25 plus years in the government budgeting space means we’ve seen best practices across multiple budgeting approaches at hundreds of State and Local agencies and organizations. Rather than customize the platform for each approach, Questica builds in incrementa l best practices as configurable options, offering Questica customers the ability to replicate those processes without re-inventing the wheel. Ultimately, this leads to quicker, less costly, and more stable implementations for long-term ROI. • You are in control: Questica Budget is designed for client-side administration, with security, reports, and workflow configurable at the admin user level. We also leverage a single tenant architecture, which means that each customer has a unique and segregated instance of our software, enabling the City to choose when to apply software updates, based on your convenience and schedule. • Singular focus and purpose built for government: Questica Budget is not a generic “one-size-fits-all” solution, nor is it a “Swiss army knife” that proposes to do many things half-well. Instead, Questica Budget is a point solution that excels at enabling a collaborative budgeting process for state and local governments, and public agencies. Since our inception, we have been 100% focused on crafting best-in-class budgeting solutions for the public sector. • Right sized for you. Questica is big enough to support your organization, yet nimble enough to remain agile. We currently have 130+ employees, which means we have the resources needed to support large-scale, complex implementations while remaining flexible to accommodate your unique requirements. We manage all aspects of our customer implementation, from kick-off to post-implementation support, exclusively with Questica employees. We have an unmatched track record of success in implementing our solutions for government organizations and we stand firm in our ‘getting it done right the first time’ mission. We look forward to continued conversations with your finance team and to demonstrating how Questica will provide unquestionable value and return on investment to the City of Crystal. Sincerely, Mike Sullivan Senior Account Executive mike.sullivan@eunasolutions.com 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 3 WHO WE ARE 4 WHO USES QUESTICA BUDGET? 5 ABOUT QUESTICA 6 KEY BENEFITS OF QUESTICA 7 QUESTICA BUDGET 8 OVERVIEW 8 OPERATING MODULE 8 PERSONNEL PLANNING & BUDGETING MODULE 9 CAPITAL MODULE 9 PERFORMANCE MODULE 10 QUESTICA INTEGRATION SYSTEM (QIS) 10 STATISTICAL LEDGER 10 SPECIAL FEATURES 10 ALLOCATIONS 11 ADVANCED SEARCHES 12 REPORTING AND DASHBOARDS 12 CHANGE REQUESTS/DECISION PACKAGES 12 ADVANCED CALCULATION ENGINE (ACE) 12 QUESTICA’S DIGITAL BUDGET BOOK SOLUTION 13 OPENBOOK TRANSPARENCY AND DATA VISUALIZATIONS 14 GOVERNMENT PROCUREMENT OPTIONS 15 QUESTICA BUDGET PRICE QUOTE 16 PRICING NOTES 18 SUMMARY 19 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 4 WHO WE ARE 2021 – 2019 As part of Euna Solutions (previously GTY Technology), recognized by Government Technology in their annual GovTech 100 Index which showcases the 100 leading companies serving state and local governments in unique, innovative, and effective ways. 2019 CV Magazine’s Canadian Business Awards, “Best Cloud-Based Budgeting Software Solutions Provider.” 2018 “10 most trusted public sector solution providers” by Insights Success magazine. For the past 25 years, Questica has partnered with public sector organizations to enable data-driven budgeting and decision-making, while increasing data accuracy and productivity and improving stakeholder trust. These organizations are modernizing their business processes using Questica’s budgeting, performance, transparency, and engagement software solutions. Questica is consistently recognized as one of the leading and most trusted budgeting software solutions: The Questica team is comprised of roughly 130+ technology experts, budget professionals and business specialists who have decades of experience working with local government. We in fact represent the largest group of budget software experts in North America dedicated to serving the public sector. Euna Solutions is a leading provider of purpose-built, cloud-based solutions that power critical administrative functions and financial operations for the public sector. Formerly GTY Technology, Euna Solutions offers easy-to-use solutions for procurement, payments, grant management, budgeting, permitting and K-12 administration that are proven to increase operational efficiency, transparency, collaboration, and compliance. Euna Solutions is a trusted partner to more than 2,000 government and public sector organizations across North America, empowering digital transformation and streamlining business processes through a relationship-centered, service-focused approach. Euna propels public sector progress. To learn more, visit www.eunasolutions.com. Our team understands the unique challenges that government organizations face when preparing, managing, and sharing the details of a budget, and we bring our collective years of experience to the City of Crystal’s project. 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 5 WHO USES QUESTICA BUDGET? ◆Village of Glen Carbon IL ◆City of Seattle WA ◆Elgin Community College IL ◆City of New Orleans LA ◆City of Marion IL ◆Town of Brookhaven NY ◆McHenry County IL ◆City of Fort Worth TX ◆City of Champaign IL ◆Crow Wing County MN ◆City of Buffalo NY ◆City of Marshall MN ◆City of Kewanee IL ◆City of Denver CO ◆Scott County MN ◆City of Pittsburgh PA ◆City of Blaine MN ◆City of Mississauga ON QUESTICA BUDGET CLIENT SUCCESS STORIES 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 6 ABOUT QUESTICA OUR MISSION “We’re on a mission to simplify the complexities of public sector finance, empowering brilliance at every turn.” —TJ Parass, Co-Founder of Questica At Questica, our mission is to empower many to work together in a secure environment, to take control of their budget, and make informed decisions. For the past 25 years, Questica has partnered with public sector organizations to enable data-driven budgeting and decision- making, while increasing data accuracy and productivity and improving stakeholder trust. These organizations are modernizing their business processes using Questica’s budgeting, performance, transparency, and engagement software solutions. OUR GOAL Questica’s goal is to drive budget transformation by creating a single source of data truth. As a leader of budgeting preparation and management software since 1998, Questica partners with public sector organizations to better enable data-driven budgeting and decision-making, while increasing data accuracy, productivity and improving stakeholder trust. Over 900 local and provincial governments, colleges, universities, K-12 schools, hospitals, healthcare facilities and non-profit organizations have eliminated spreadsheets using our budgeting, performance, transparency and engagement solutions. Across 50 states, and 12 provinces and territories, we’ve engineered custom budget solutions for public sector customers which seamlessly integrate with existing financial and other systems. WHY CLIENTS CHOOSE US We have an unmatched track record of success in implementing our solutions for government organizations and we stand firm in our ‘getting it done right the first time’ mission. We’ve integrated highly scalable solutions for public sector entities managing budgets of a few million, and other organizations multi-billion-dollar annual spending plans. Our team is comprised of technology experts, budget professionals and business specialists. We are passionate and friendly collaborators who enjoy teaming with ou r customers to find the right solution to meet their needs. 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 7 KEY BENEFITS OF QUESTICA CLOUD-BASED Questica Budget Suite is a cloud-based solution hosted on Questica’s secure Microsoft Azure server. Cloud-based solutions enable clients to access their budget data online at any time and from any location. Hosting on single tenant architecture means your budget data is isolated from other clients’, with the flexibility to choose when to upgrade to new versions of the product. COLLABORATIVE Budgeting is a people-centric process that requires communication and teamwork. The Questica Budget Suite is a collaborative platform that allows your budget managers to work with departments to prepare and manage budgets efficiently. We streamline budget access for financial and non-financial contributors; the result improves communication and expedites decision-making. This is particularly important if staff work remotely. FUNCTIONALITY Questica Budget is feature-rich and provides powerful functionality for greater control and visibility into budgets. With the tools to calculate, analyze, forecast, report on, and develop what-if scenarios for budgets, users gain deeper financial insights while creating budgets that last. With seamless integration for flow of data to the existing ERP, users can build budgets based on accurate, real-time financial information. CONFIGURABILITY Configurability means fewer requirements for customization. This will save time, resources, and complexity both in the initial implementation, and through ongoing use as upgrades and enhancements are released. The bottom line is a significantly lower cost of ownership over your lifetime use of our product. FLEXIBILITY COVID-19 continues to challenge communities, heightening the need for local governments to make decisions quickly and accurately. Our product offers the capacity for multiple scenario models, for governments preparing for the future, and pivoting as plans change. When your plans shift, you don’t want to be limited by manual data entry, spreadsheets, or an inflexible legacy system. Questica Budget adapts with you, adjusting to your new budget trajectory to reallocate funds or evaluate potential cost savings. INNOVATION Innovation at Questica is driven by feedback on existing product features, and the anticipated need for new features that accommodate new challenges. Questica’s product strategy is based on feedback from our clients, all public sector organizations, and serves as a guiding star that directs our focus. From user forums to early adopter groups, Questica clients are with us every step of the way as we develop new features or improve the functionality of our product Suite. 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 8 QUESTICA BUDGET OVERVIEW OPERATING MODULE The Questica Budget Suite is an end-to-end budgeting system that will help you manage the budgeting process with greater efficiency and accuracy. We are confident that our budget system is the right application for your needs, providing powerful features that support ongoing budget development and reveal key budget insights that may have been hidden in a spreadsheet. Questica Budget is designed for non-finance department and non-technical users to prepare and maintain their budgets directly in the system. Budgets can be categorized on an organizational basis where cost centers roll-up into their respective departments and divisions and can also be categorized on a fund basis where cost centers roll-up into their particular funds and fund categories. Cost centers can easily be moved from one department and division to another, as well as from one fund to the next. Additi onal hierarchical structures can be configured as needed. Role-based security ensures that users have streamlined access to only the data and functions that they need. Cost center information can be maintained, and comments, notes, and attachments (e.g., scans, documents, or links) may be added to the budget or even to the detailed line items. B udgets can be managed at a monthly, quarterly, annual, or biennial basis. Grids are configurable and may consist of historical years, current year, and future forecast years. 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 9 PERSONNEL PLANNING & BUDGETING MODULE CAPITAL MODULE Questica Budget’s Personnel Planning & Budgeting module performs like a calculator with advanced features, enabling accurate modeling and forecasting all costs associated with positions (filled and vacant) to accommodate the workforce budget. Step or pay increases, cost of living adjustments, new benefits, and other employee-related costs are all accounted for. Each position is a record of all the information required to calculate base wages, as well as overhead costs such as benefits, allowances, and employer taxes; each is attributed to the appropriate GL Account (object code). Positions paid according to a union contract are assigned a pay grade and step, calculating pay from the pay scale for that contract. Alternatively, a position’s base wage can be entered as a distinct salary value for each position, or as a percentile of the range configured for a selected grade. Questica Budget’s Capital module simplifies and centralizes the process of capital budget planning and execution. Users can import prior years’ budget data (actual costs and budget values) into Questica Budget, and create multi-year capital projects where they can identify their expenditures and funding sources, and make adjustments as they prepare their budgets. Users can construct their capital projects on an annual, quarterly, or monthly basis, enter narrations or explanations for their requests and categorize their projects based on different criteria such as tangible capital assets, fund(s), or project status. Requests get escalated through the configurable workflow system integrated within Questica Budget. Project ranking can also be administered according to user-defined criteria, and multiple project scenarios can be created for each project. The Capital module also gives the ability to manage budgeting activities related to grant programs of varying complexities. The “type” field on projects is commonly used to indicate that the project is to be treated as a grant. 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 10 PERFORMANCE MODULE SPECIAL FEATURES STATISTICAL LEDGER QUESTICA INTEGRATION SYSTEM (QIS) Questica Budget’s Performance module allows users to establish objectives and track budget progress toward achieving these objectives over time. Targets can be identified by intended outcome, where warning and critical threshold limits notify users whenever budget performance requires attention. Measures, whether financial or statistical, may reference existing values already in the system, or may otherwise be manually entered. In either case, these measures can also be calculated based on other measures. They can be consolidated under various programs and can also be incorporated into an Organizational Scorecard. Responsibilities can be established for the various Programs and Meas ures, inclusive of due date and automated reminders, to facilitate workflow processing. Questica Budget’s Performance module fully integrates with the rest of the Questica Budget Suite and leverages the Questica Dashboard platform. This functionality helps improve performance, encourages innovation within your team, encourages cost-effective practices, and delivers an enhanced level of transparency and accountability. The Questica Budget Statistical Ledger allows budget staff to plan and track numbers other than spending dollars (e.g., hours worked, number of clients, resource utilization). Staff can create a budget for any numeric data and work with it very much like financial budgets. This can be very useful for planning and tracking activities and outputs, and the data can be used as a guideline for building budgets. Statistical Ledger data can also be a component of a performance measurement plan. Questica Budget will integrate with your city’s financial system via its proprietary Questica Integration System (QIS). QIS is a specialized, database-independent tool developed to exchange data between Questica Budget and external systems on a scheduled or as-needed basis. QIS also simplifies the integration process and reduces the time required to integrate Questica Budget with other customer systems or data warehouses. 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 11 ALLOCATIONS QIS provides a highly configurable framework for importing or exporting budget related or non- financial data with existing and future external data sources, using API (Application Programming Interface) and ETL (Extract, Transform and Load) integration methods to ensure the budgeting solution always reflects updated data. The diagram on the right illustrates the Questica Integration System. The Questica Budget application is represented by the symbol at the top, with the QIS system in the middle, and various customer systems on the bottom. When data is being extracted from an external system and moved to Questica Budget, data would be moving from the bottom to the top of the diagram. On the other hand, when extracting data from Questica Budget to insert into an external system, data moves from the top to bottom. The process can be scheduled or run on-demand by an authorized Questica user. Monitoring of scheduled integration tasks can be performed in many ways, but the most popular method is exception or failure notification, which can be configured to email one or more people. As detailed below, implementations can include three distinct interface points—two on the financial side and one on the HR/personnel side, and sometimes a fourth: The Allocations tool within Questica Budget allows dollars to be moved throughout the Operating and Capital budget in a structured and balanced fashion. The functionality supports complex arrangements of allocations between many budget elements. An employee’s cost may, for example, be split between multiple programs or cost centers, or Internal Service Provider budgets can be managed. In the latter example, an IT budget that is developed in detail like any other costing center may get allocated to other budget elements, perhaps using a cost driver such as ‘number of computers’ as the distribution basis. Once the allocation has been run, each recipient Costing Center will have a Destination Budget Line representing a portion of IT expenses, and the IT Costing Center budget will subsequently have a Recovery Budget Line that effectively zeroes out their allocated budget. 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 12 ADVANCED CALCULATION ENGINE (ACE) CHANGE REQUESTS/DECISION PACKAGES ADVANCED SEARCHES REPORTING AND DASHBOARDS Questica Budget’s Advanced Calculation Engine is a powerful feature that brings familiar Excel functions into Questica Budget and allows users to create reusable calculation packages/models. The tool is simple to use and is designed to keep users working inside Questica Budget. In addition to containing familiar Excel functions, there are also budget -specific functions documented in an integrated library, enabling users to reference data based on its qualities rather than by specific location. For example, a function can be performed on the budget values for a particular account code or using the actuals from a certain statistical account. Functions can also be period-based, enabling the option to reference data from past months or years, or reference a range of data such as the average from the past three years for a given month or quarter. Questica Budget’s Change Requests feature, also referred to as Budget Adjustments, Budget Modifications or Decision Packages, allow authorized users to process pre- and post-approval budget changes, both one- time and recurring, using a controlled process and workflow-based approval. These requests can be created individually, or they can be bundled together and treated apart from the general budget with their own dedicated approval process. Questica Budget does this in a controlled environment so that users can only submit, change, and see budget requests that are appropriate for them. Questica Budget’s Advanced Search function is an intuitive user -facing feature that allows non-technical users to compose detailed searches using a variety of comparators and the ability to infinitely nest AND/OR groupings. Essentially, the Advanced Search functionality allows authorized users to perform sophisticated and highly dynamic data analytics and ad-hoc queries based on multiple dimensions, including specific criteria or descriptive words. This robust and powerful tool allows complex queries to be easily built up—one line at a time. Questica Budget’s reporting and analytics capabilities are delivered as part of its core software feature set. The system includes pre-built ad-hoc data views (i.e., queries), advanced “smart reports” that combine rows and columns of numbers with graphics (e.g., pie chart), 80+ pre-built ready-to-use reports, each with a variety of input selections, and pre-built dashboards with rich interactive visualizations of information that can be utilized to create actionable at-a-glance displays—all of which include data security to ensure users only see what they’re allowed to see. Standard reports leverage Microsoft’s SQL Server Reporting Services (SSRS) and can be copied and modified by budget staff without requiring programming skills. 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 13 QUESTICA’S DIGITAL BUDGET BOOK SOLUTION Questica’s Budget Book Studio solution is a user-friendly and comprehensive document management and financial reporting tool that enables our customers to create, collaborate, edit, approve, and publish an annual budget document with ease – eliminating the headaches often associated with managing multiple spreadsheets, version control issues, manual updates, and duplicating content. Budget Book Studio is directly integrated with the Questica Budget module, allowing budget information to be seamlessly refreshed on-demand. Paired with our Questica OpenBook interactive online transparency solution, customers can provide the community with a complete understanding of the budget that is presented in a manner geared for a non-financial audience. Key aspects of Questica’s Budget Book Studio include: ◆ GFOA compliant—meets all standards for GFOA Award Qualifying Book Production ◆ Automation—automates the creation of fund summary pages, charts, tables, and more ◆ Templates—creates new pages quickly with easy-to-use templates ◆ Multiple Formats—produces budget books in digital (online) and PDF (printed) formats ◆ Charts and Graphs—allows automatic updates of embedded narratives and smart charts 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 14 OPENBOOK TRANSPARENCY AND DATA VISUALIZATIONS OPENBOOK CUSTOMER EXAMPLES Questica Budget’s OpenBook tool fosters transparency for public agencies, enabling the information to be visualized in an array of charts, tables, bars, graphs, and GIS mapping for Capital planning. Like all Questica tools, OpenBook is intuitive and easy- to-learn. With descriptive text, informational pop-ups, filtering and sorting capabilities, diving in and discovering information is made easy for all stakeholders. 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 15 GOVERNMENT PROCUREMENT OPTIONS Today’s modern governments have recognized the traditional methods of procuring software through Request for Proposal are expensive, time consuming, and often very limiting in scope. An increasing number of customers have contracted with Questica utilizing the methods outlined below. 1.Take advantage of contract vehicles and cooperative purchasing agreements . Contract vehicles are commonly relied upon as the most efficient way for governments to buy goods and services. Questica is listed on many cooperative purchasing contracts, such as DIR, Carahsoft, SHI, NASPO, BuyBoard, Sourcewell, and Omnia. These contracts include several vendors and were established via a competitive bidding process, much like an RFP cycle. 2.“Sole source.” This method refers to opportunities where Questica is the only provider able to deliver the set of solutions that a government entity is looking for. This can justify the avoidance of an RFP, since there are simply no other vendors in the market who can deliver the necessary goods or services. 3.Piggyback contracts: To satisfy procurement policy, many Questica customers choose to piggyback from contracts already vetted by a competitive RFP process of similar size and scope. For example, The City of Spokane utilized a piggyback agreement (i.e., cooperative agreement statement) with City of Seattle to purchase Questica. Questica is open to helping The [Org Type] explore best fit piggyback options with current customers. 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 16 Prepared for: Adam Bell and Kim Therres City of Crystal MN May 13, 2024 Prepared by: Mike Sullivan Questica Ltd Questica Budget Price Quote Questica Budget Price Quote 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 17 QUESTICA BUDGET PRICE QUOTE Quotation ID#: CITY OF CRYSTAL MN – May 13, 2024 Description Qty. Total Questica Budget Framework – All Modules Operating License Seats Included Personnel Planning & Budgeting License Seats Included Capital License Seats Included Unlimited Read-Only Licenses Included Performance Measures Included Allocations Included Statistical Ledger Included OpenBook Transparency Included Budget Book Studio Included Questica Year 1 Software Subscription (including software, maintenance, support and hosting) $34,500 Questica Budget Framework – All Modules Planning & Analysis Included Installation Included Data Load & Verify Included Customizations Not Included Customized Reports Not Included Training Included Project Management Included Integration with JD Edwards Finance and Payroll System Operating Budget: Actuals Import, Budget Export Included Capital Budget: Actuals Import, Budget Export Included Total Questica Professional Services: (one-time fee) $17,000 One Time Professional Services Discount $- 2,000 GRAND TOTAL (Year 1) $49,500 6.46.46.4 www.questica.com © Copyright 2023 Questica. All rights reserved. 18 PRICING NOTES Quotation ID#: CITY OF CRYSTAL MN – May 13, 2024 Pricing valid though: June 20, 2024 ◆Questica annual subscription is based on a 5-year term ◆Questica will apply a 5% inflationary increase beginning in year 2 Questica Annual Fees ▪Year 1 is $ 49,500 (SaaS and Professional Services) ▪Year 2 is $ 36,225 (includes 5% increase) ▪Year 3 is $ 38,036 (includes 5% increase) ▪Year 4 is $ 39,938 (includes 5% increase) ▪Year 5 is $ 41,935 (includes 5% increase) Total 5 Year contract is $205,634 Above pricing US dollars. Applicable Taxes Extra. Pricing is not applicable in response to a formal RFP Process. Terms of Payment ◆Software: ▪100% upon Contract Effective Date (Net 30) ▪Year 2 due 365 days from Contract Effective Date and annually thereafter ◆Professional Services: ▪Due 100% upon Contract Effective Date (Net 30) Optional Integration: Payroll Actuals Integration Implementation $11,000 USD (One Time) 6.46.46.4 www.questica.com © Copyright Questica. All rights reserved. 19 SUMMARY Questica greatly appreciates the City of Crystal’s interest in learning more about our Company and our software. As stated, we welcome an opportunity to leverage our more than 25 years of success in public sector budgeting, to help your city improve the efficiency and effectiveness of its budgeting process and to provide a technology solution that optimizes and supports the budget formulation and management cycle. We are happy to address questions and engage in a more detailed conversation to showcase how our software fits your requirements, our implementation approach, and the support our company provides. I would also be happy to facilitate introductions to current clients and would encourage you to connect with your peers to understand why they decided to partner with Questica - the most trusted solution for government organizations. 6.46.46.4 SAAS AND SERVICES AGREEMENT This SAAS and Services Agreement, including all documents referenced and incorporated below and the Order Form which by this reference is incorporated herein (collectively, this “Agreement”), dated as of June 20, 2024 (the “Effective Date”), is by and between Questica LTD. (referred to as “Licensor” or “EUNA,” as part of the EUNA brand) and the entity identified on the Order Form as the Customer (“Customer”). EUNA and Customer are sometimes individually referred to as a “Party” and collectively referred to as the “Parties.” The Parties agree as follows: 1.Definitions. a.“Aggregated Statistics” means data and information related to Customer’s use of the SAAS Offering that is used by EUNA in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the SAAS Offering. b. “Authorized User” means Customer’s employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the SAAS Offering under the rights granted to Customer pursuant to this Agreement and the applicable Order Form, and (ii) for whom access to the SAAS Offering has been purchased hereunder. c.“Confidential Information” means any information relating to a Disclosing Party (as defined in Section 9), its business, technology, suppliers, licensors, resellers, distributors, customers, and third parties to whom the Disclosing Party has an obligation of confidentiality, whether in tangible or intangible form, which is either marked or designated as “confidential” or “proprietary,” or disclosed under circumstances indicating its confidential or proprietary nature, or otherwise would be known to be confidential or proprietary by a reasonable person. d. “Customer Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the SAAS Offering or Professional Services, as applicable. e.“Deliverable” means all documents, work product and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of the EUNA in the course of performing the Professional Services or providing the SAAS Offering, including any items identified as such in the applicable Order Form. f.“Documentation” means the applicable training, informational or support videos and documentation relating to (i) the use of and access to the SAAS Offering and (ii) any error corrections, bug fixes, enhancements, improvements, new releases, maintenance releases and updates thereto, provided by EUNA to Customer in any format. g. “Fees” means the fees set forth in the applicable Order Form. h. “Intellectual Property Rights” (i) all United States and foreign patents, patent applications, and certificates of invention, and all continuations, continuations in part, extensions, renewals, divisions, re-issues and re-examinations relating thereto; (ii) all moral rights and copyrights in any work of authorship or other work recognized by applicable Law, including all copyright registrations issued by the United States Register of Copyrights and applications therefor, together with any renewal or extension thereof, or by similar authority in any other jurisdiction, and all rights deriving therefrom; (iii) all, whether registered or unregistered, trademarks, service marks, domain names, trade names and trade dress, and all goodwill 6.46.4 relating thereto; (iv) all rights in all trade secrets, know-how, and confidential information; and (v) other intellectual property rights protectible under any Laws or international conventions throughout the world, and in each case including the right to apply for registrations, certificates, or renewals with respect thereto and the right to prosecute, enforce, obtain damages relating to, settle or release any past, present, or future infringement or misappropriation thereof. i. “Law” means all applicable laws (including those arising under common law), statutes, codes, rules, regulations, reporting or licensing requirements, ordinances and other pronouncements having the effect of law in the United States, any foreign country or any domestic or foreign state, county, city or other political subdivision, including those promulgated, interpreted or enforced by any governmental or regulatory authority. j. “Order Form” means the order form between the Parties that incorporates this Agreement. k. “Public Facing Software” means a portion of the Software made available by the Customer to members of the general public. l. “SAAS IP” means the SAAS Offering and the Documentation. For the avoidance of doubt, SAAS IP includes proprietary data structures, database schemas, metadata, Aggregated Statistics and any information, data, or other content derived from EUNA’s monitoring of Customer’s access to or use of the SAAS IP but does not include Customer Data. m. “SAAS Offering” means the software-as-a-service offering, including any integrated platform offering, as set out in the applicable Order Form. n. “Professional Services” means the services set out in the applicable Order Form and any associated statement of work attached or referenced in the Order Form (“Statement of Work”), if applicable. o. “Term” has the meaning set forth in Section 10 a. p. “Third-Party Products” means any third-party products described in the applicable Order Form provided with or incorporated into the SAAS Offering. 2. Professional Services. Subject to and conditioned on Customer’s payment of Fees and compliance with all other terms and conditions of this Agreement, EUNA shall provide to Customer the Professional Services in accordance with the applicable Order Form and Statement of Work. 3. Software Subscription. a. Provision of Access. Subject to and conditioned on Customer’s payment of Fees and compliance with all other terms and conditions of this Agreement, EUNA hereby grants Customer a non- exclusive, non-sublicensable, non-transferable (except in compliance with Section 22) right to access and use the SAAS Offering during the Term, solely for use by Authorized Users in accordance with the terms and conditions herein. Such use is limited to Customer’s internal use. EUNA shall provide to Customer the necessary information to allow Customer to access the SAAS Offering. The total number of Authorized Users will not exceed the number set forth in the applicable Order Form, except as expressly agreed to in writing by the Parties and subject to any appropriate adjustment of the Fees payable hereunder. b. Public Facing Software. Notwithstanding the definition of Authorized Users, Customer is permitted to provide access to its constituents that are solely utilizing public facing functionalities of the SAAS Offering that do not otherwise require a specific license from EUNA. 6.46.4 c. Documentation License. Subject to and conditioned on Customer’s payment of Fees and compliance with the terms and conditions of this Agreement, EUNA hereby grants to Customer a non- exclusive, non-sublicensable, non-transferable (except in compliance with Section 22) license to use the Documentation during the Term solely for Customer’s internal business purposes in connection with its use of the SAAS Offering. d. Optional Features. EUNA shall provide all extensions, enhancements, and other changes, which are logical improvements to the SAAS Offering and to which EUNA makes generally available on a commercial basis, without charge, to other licensees of the EUNA SAAS Offering. Updates do not include any new software products that are then made generally available on a commercial basis as separate, price- listed options or additions to the SAAS Offering nor do they include any Professional Services that may be required for implementation. e. Use Restrictions. Customer shall not use the SAAS Offering for any purposes beyond the scope of the access granted in this Agreement or the applicable Order Form. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the SAAS Offering or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the SAAS Offering or Documentation to a third party; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the SAAS Offering, in whole or in part; (iv) remove any proprietary notices from the SAAS Offering or Documentation; or (v) use the SAAS Offering or Documentation in any manner or for any purpose that causes such SAAS Offering or Documentation to infringe, misappropriate, or otherwise violate any Intellectual Property Right or other right of any person, or that violates any applicable Law. f. Suspension. Notwithstanding anything to the contrary in this Agreement, EUNA may temporarily suspend Customer’s and any Authorized User’s access to any portion or all of the SAAS Offering if: (i) EUNA reasonably determines that (A) there is a threat or attack on any of the SAAS IP; (B) Customer’s or any Authorized User’s use of the SAAS IP disrupts or poses a security risk to the SAAS IP or to any other customer or vendor of EUNA; (C) Customer or any Authorized User is using the SAAS IP for fraudulent or illegal activities; (D) subject to applicable Law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) EUNA’s provision of the SAAS Offering to Customer or any Authorized User is prohibited by applicable Law; (ii) any vendor of EUNA has suspended or terminated EUNA’s access to or use of any third-party services or products required to enable Customer to access or use the SAAS Offering each a (“Service Suspension”). EUNA shall use commercially reasonable efforts to resume providing access to the SAAS Offering as soon as reasonably possible after the event giving rise to the Service Suspension is investigated, contained, remediated, and cured. EUNA will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of a Service Suspension. g. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, EUNA may monitor Customer’s use of the SAAS Offering and collect and compile Aggregated Statistics. As between EUNA and Customer, all right, title, and interest in Aggregated Statistics, and all Intellectual Property Rights therein, belong to and are retained solely by EUNA. Customer acknowledges that EUNA may compile Aggregated Statistics based on Customer Data input into the SAAS Offering. Customer agrees that EUNA may (i) make Aggregated Statistics publicly available in compliance with applicable Law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable Law. EUNA agrees to process Customer Data available in accordance with EUNA’s privacy policy which is available 6.46.4 upon request and online at https://eunasolutions.com/privacy-policy/. EUNA may update its privacy policy from time to time and such updated privacy policy will be effective and applicable upon posting. 4. Customer Obligations. a. For Professional Services. In connection with the Professional Services, Customer shall: (i) cooperate with EUNA in its performance of the Professional Services and provide access to Customer’s premises, employees, contractors, and equipment as required to enable EUNA to provide the Professional Services; (ii) provide Cooperation, as defined herein, and perform Customer facing milestones and Customer deliverables necessary to enable EUNA to continue to perform under the Order Form and Statement of Work; and (iii) take all steps necessary, including obtaining any required licenses or consents, to prevent Customer-caused delays in EUNA’s provision of the Professional Services. b. For the SAAS Offering. In connection with the SAAS Offering: (i) Customer agrees to be responsible and liable for all uses of the SAAS Offering and Documentation resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer agrees to be responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by Customer will be deemed a breach of this Agreement by Customer. Customer shall use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the SAAS Offering and shall cause Authorized Users to comply with such provisions. (ii) EUNA may from time to time make Third-Party Products available to Customer. For purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions and the applicable flow-through provisions. (iii) EUNA will use commercially reasonable efforts to implement the SAAS Offering. Customer acknowledges and agrees that Customer’s timely provision of (and EUNA’s access to) Customer’s assistance, cooperation, and complete and accurate feedback, approvals, information, and data from Customer’s officers, agents and employees as is reasonably requested by EUNA (collectively, “Cooperation”) is essential to the implementation and operation of the SAAS Offering, and that EUNA shall not be liable for any deficiency, delay or failure in implementing or operating the SAAS Offering if such deficiency, delay or failure results from Customer’s failure to provide full Cooperation as required hereunder. Cooperation will include designating a project manager to interface with EUNA during the course of EUNA’s implementation or provision of the SAAS Offering. If Customer repeatedly fails to provide Cooperation, EUNA may terminate this Agreement in accordance with Section 10(b)(ii). 5. Fees and Expenses. a. Fees. Except for Fees that Customer has successfully disputed, Customer shall pay the Fees without offset or deduction. Unless otherwise provided in the applicable Order Form, Customer shall pay the Fees in US dollars within thirty (30) days from the date of the applicable invoice. If Customer fails to make any payment when due, without limiting EUNA’s other rights and remedies: (i) EUNA may charge interest on the past due amount at the rate of 1% per month calculated daily and compounded monthly or, 6.46.4 if lower, the highest rate permitted under applicable Law; (ii) if such failure continues for thirty (30) days or more, and in addition to all other remedies available under this Agreement or at law (which EUNA does not waive by the exercise of any rights hereunder), EUNA may suspend Customer’s and its Authorized Users’ access to any portion or all of the Professional Services and the SAAS Offering until such amounts are paid in full. b. Taxes. Fees do not include any taxes. Customer is exempt by Law from payment of State and local sales tax and federal excise tax. In the event that taxes are assessed by any governmental body on any Deliverable provided under this Agreement, in which Customer is not exempted from paying, EUNA shall have the option to terminate the Agreement in lieu of assessment of the taxes against EUNA, provided however that Customer shall have the option to pay EUNA all such tax amounts which have been properly invoiced, at Customer’s discretion, to avoid termination of this Agreement. Customer shall provide EUNA with a valid tax exemption certificate upon request. 6. Service Levels and Support. a. Service Levels. Subject to and conditioned upon Customer’s payment of Fees and compliance with the terms and conditions of this Agreement, EUNA will use commercially reasonable efforts to make the SAAS Offering available in accordance with the service levels set out in the provided service level documentation at Exhibit B, or as posted from time to time at on Euna’s website (the “Service Level Policy”). b. Support. Subject to and conditioned upon Customer’s payment of Fees and compliance with the terms and conditions of this Agreement, EUNA will use commercially reasonable efforts to provide the support services described in the support services documentation at Exhibit B, or as posted from time to time at on Euna’s website (the “Support Services Policy”). c. Updates. EUNA reserves the right to modify the Service Level Policy and Support Services Policy from time to time effective immediately by posting an updated policy at the links referenced above. EUNA’s support obligations extend solely to Customer’s designated support contacts. Customer acknowledges and agrees that, as between Customer and EUNA, Customer shall be solely responsible to provide any and all support to all other third parties. Unless otherwise stated in the Service Level Policy, EUNA shall not have any obligation to provide support services to any third parties. 7. Representations, Limited Warranties, and Disclaimer. a. Representations. Each Party hereby represents and warrants that: (i) it has the full corporate right, power and authority to enter into this Agreement and to perform the acts required hereunder; and (ii) the execution of this Agreement by such Party, and the performance by such Party of its obligations and duties hereunder, do not and will not violate any agreement to which such Party is bound or any obligation of such Party. b. Warranties for Professional Services. EUNA warrants that it will perform the Professional Services: (i) in accordance with the terms and subject to the conditions set out in the respective Statement of Work or Order Form and this Agreement; (ii) using personnel of commercially reasonable skill, experience, and qualifications; and 6.46.4 (iii) in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. c. Warranties for the SAAS Offering. EUNA warrants that during the Term, the SAAS Offering will conform in all material respects to the Documentation when accessed and used in accordance with the Documentation. EUNA does not make any warranties, representations or guarantees regarding uptime or availability of the SAAS Offering except to the extent specifically included in the applicable Service Level Policy.. THE FOREGOING WARRANTIES, REPRESENTATIONS AND GUARANTEES DO NOT APPLY AND EUNA STRICTLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES WITH RESPECT TO ANY THIRD-PARTY PRODUCTS OR ANY FAILURE IN PERFORMANCE CAUSED BY THIRD-PARTY PRODUCTS. d. Remedies. EUNA’s sole and exclusive liability and Customer’s sole and exclusive remedy for breach of the warranties, representations and guarantees in this Agreement shall be as follows: (i) EUNA shall use reasonable commercial efforts to promptly cure any such breach; provided, that if EUNA cannot cure such breach within sixty (60) days after Customer’s written notice of such breach, Customer may, at its option, terminate this Agreement by serving written notice of termination. (ii) For Professional Services, Customer’s remedy for breach of the foregoing warranties, representations and guarantees shall be the re-performance of the relevant Professional Services free of charge to the extent the breach was caused solely by EUNA. The foregoing remedy shall not be available unless Customer provides written notice of such breach (which notice reasonably describes the breach and the deficiencies identified by Customer) within thirty (30) days after delivery of such Professional Service or Deliverable to Customer. (iii) For any such breach involving a failure to meet the commitments in the Service Level Policy, EUNA’s sole obligation and Customer’s exclusive remedy shall be for EUNA to perform the remedies set forth in the Service Level Policy. e. Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN THIS SECTION OF THE AGREEMENT, THE PROFESSIONAL SERVICES, DELIVERABLES, SAAS OFFERING AND EUNA IP ARE PROVIDED “AS IS” AND EUNA HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EUNA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN THIS SECTION, EUNA MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND THAT THE PROFESSIONAL SERVICES, DELIVERABLES, EUNA IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S, AN AUTHORIZED USER’S, OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER PROFESSIONAL, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. 8. Intellectual Property. a. Deliverables. All Intellectual Property Rights in and to the Deliverables except for any Confidential Information of Customer shall be owned by EUNA. If any derivative work is created by 6.46.4 Customer from the SaaS Offering EUNA shall own all right, title and interest in and to such derivative work. b. SAAS IP and Documentation. Customer acknowledges that, as between Customer and EUNA, EUNA owns all right, title, and interest, including all Intellectual Property Rights, in and to the SAAS IP and Documentation and, with respect to Third-Party Products, the applicable third-party providers own all right, title, and interest, including all Intellectual Property Rights, in and to the Third-Party Products. c. Customer Data. EUNA acknowledges that, as between EUNA and Customer, Customer either (i) owns all right, title, and interest, including all Intellectual Property Rights, in and to the Customer Data, or (ii) has a valid license with the right to sublicense the Customer Data to EUNA as provided herein. Customer hereby grants to EUNA a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for EUNA to provide the SAAS Offering to Customer, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer Data incorporated within the Aggregated Statistics. Customer represents, warrants and agrees that: (A) it will comply with applicable Law, including the Laws of the territories and jurisdictions from which any Customer Data is obtained or pertains, in collecting, using, disclosing, transmitting and in soliciting the transmission of Customer Data into or with the SAAS Offering as contemplated under this Agreement; (B) prior to transmitting (or soliciting the transmission of) any Customer Data to EUNA through the SAAS Offering, Customer shall have all applicable consents and approvals required for the transmission of such Customer Data to EUNA; and (C) EUNA’s use, storage, disclosure and other processing of Customer Data in accordance with this Agreement or Customer’s instructions or direction will not cause EUNA or any of its vendors to violate any applicable Law or infringe the rights of any individual or third party. d. Passwords. Customer is responsible for the confidentiality and use of its passwords, other credentials, and account, and in no event shall EUNA be liable for any loss of information of Customer or other claims arising from unauthorized access to the SAAS Offering as a result of the failure by Customer to protect the confidentiality of its passwords, other credentials or account. e. Prohibited Information. Except as necessary to utilize the SAAS Offering, Customer shall not transmit, disclose or otherwise provide (or cause or allow to be transmitted or provided to EUNA): (i) health information, medical information, health insurance card information, policy identification numbers, or any other information that would cause EUNA to be classified as a “business associate” under the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”) or similar designation under other Laws, (ii) information that causes ENUA to be subject to any Laws beyond those Laws generally applicable to all cloud service providers, (iii) security passwords or credentials, and/or (iv) data revealing race, ethnicity, political opinions, religion, sexual orientation, philosophical beliefs or trade union membership or any other information identified under applicable Law as “sensitive information,” “private information,” or like designation (collectively, “Prohibited Information”). If Customer transmits or provides to EUNA any Prohibited Information, Customer shall indemnify and hold EUNA harmless from and against any claims and liability arising from the transmission to EUNA of any Prohibited Information or any processing of such information by EUNA, and EUNA shall have no liability or obligation whatsoever with respect to such Prohibited Information or Customer Data provided to EUNA. f. Feedback. If Customer or any of its employees or contractors provides, sends or transmits any communications or materials to EUNA by mail, email, telephone, or otherwise, suggesting or recommending changes to the SAAS Offering, Documentation, Software, Professional Services, or any of EUNA’s Intellectual Property Rights, including without limitation, the SAAS IP and new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), EUNA 6.46.4 is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Customer hereby assigns and agrees to assign to EUNA, and will cause its employees, contractors and/or agents to assign to EUNA, all right, title, and interest in and to the Feedback, including all Intellectual Property Rights in the Feedback, to EUNA without further consideration. EUNA is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained in the Feedback, for any purpose whatsoever, although EUNA is not required to use any Feedback. g. Reservation of Rights. EUNA reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any Intellectual Property Rights or other right, title, or interest in or to the Professional Services or SAAS IP. 9. Confidentiality. a. Generally. From time to time during the Term, either Party (as the “Disclosing Party”) may disclose or make available to the other Party (as the “Receiving Party”) Confidential Information. Confidential Information shall at all times remain the property of the Disclosing Party. The Receiving Party shall: (A) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party protects its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (B) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (C) except as permitted in this Agreement, not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s representatives (including EUNA’s affiliates and third party service providers) who need to know the Confidential Information to assist the Receiving Party, act on its behalf, or to exercise its rights or perform its obligations under this Agreement. The obligations in this section do not apply to Confidential Information that: (i) is or becomes generally available to the public other than as a result of the Receiving Party’s breach of this Section; (ii) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was in the Receiving Party’s possession prior to the Disclosing Party’s disclosure hereunder; or (iv) was or is independently developed by the Receiving Party without using any Confidential Information of the Disclosing Party. b. Permitted Disclosures. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required to establish a Party’s rights under this Agreement, including to make required court filings. If a Receiving Party is faced with judicial or governmental action to disclose Confidential Information of the Disclosing Party, the Receiving Party must, if legally permissible, notify the Disclosing Party forthwith and, at the Disclosing Party's request, provide reasonable assistance in opposing such action at the Disclosing Party’s cost and expense. c. Destruction. On the expiration or termination of the Agreement, the Receiving Party shall promptly destroy all copies of the Disclosing Party’s Confidential Information in its possession or control and upon request certify in writing to the Disclosing Party that such Confidential Information has been destroyed, provided, however, that a Receiving Party may retain Confidential Information relevant to any pending or threatened litigation or governmental investigation and EUNA may retain Customer’s Confidential Information in accordance with its information retention policies and Section 15.a, below. d. Irreparable Harm. Each Party acknowledges that Confidential Information may constitute unique, valuable, proprietary and trade secret information of the Disclosing Party, and that unauthorized disclosure thereof by the Receiving Party may cause irreparable injury to the Disclosing Party. Accordingly, 6.46.4 each Party acknowledges and agrees that monetary damages may not be adequate in the event of a default of this Article 9 and, therefore, that the Disclosing Party may be entitled to injunctive or other affirmative relief, without such constituting an election of remedies, and that the Disclosing Party will not be required to obtain, furnish or post any bond or similar instrument in connection with or as a condition to obtaining any remedy referred to in this Article 9, and each Party irrevocably waives any right it may have to require the obtaining, furnishing or posting of any such bond or similar instrument. e. Duration. Each Party’s obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five years from the date first disclosed to the Receiving Party; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable Law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable Law. 10. Term, Termination, and Survival. a. Term. The term of this Agreement (the “Term”) commences on the Effective Date of this Agreement and will continue in effect for as long as there is an outstanding Order Form in place. Each Order Form will continue for the applicable term listed in such Order Form until terminated by either Party in accordance with this Agreement. The termination or expiration of an Order Form will not affect or otherwise terminate this Agreement or any other Order Form covering other products or services in effect at such time. b. User Subscriptions. All user subscriptions in an Order Form shall automatically renew for additional one-year at the end of the then current subscription term listed on the Order Form, unless the Customer gives the other notice of non-renewal at least thirty (30) days before the end of the relevant subscription term. The per-unit pricing during any such renewal term of the subscription shall be the same as that during the prior term unless EUNA gives written notice of a pricing increase at least thirty (30) days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter. c. Termination for Convenience. Customer may terminate this Agreement without cause by giving sixty (60) days advance written notice to EUNA of its election to terminate this Agreement pursuant to this provision. In the event of such termination, Customer agrees to pay a “SaaS Recovery Amount” equivalent to 50% of the subscription fees for the remainder of the initial term of the Order Form. d. Termination for Cause. In addition to any other express termination right set forth in this Agreement: (i) either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party materially breaches this Agreement, and such breach: (A) is incapable of cure; or (B) being capable of cure, remains uncured thirty (30) days after the non-breaching Party provides the breaching Party with written notice of such breach; or (ii) either Party may terminate this Agreement, effective immediately upon written notice to the other Party, if the other Party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency Law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by 6.46.4 order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. e. Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, EUNA will immediately cease providing any Professional Services and Customer shall immediately discontinue use of the SAAS Offering. No expiration or termination will affect Customer’s obligation to pay all Fees that may have become due before such expiration or termination or entitle Customer to any refund. f. Non-Appropriation. In the event Customer is not granted an appropriation of funds at any time during the Term and the non–appropriation did not result from an act or omission by Customer, Customer shall have the right to terminate this Agreement on the last day of the fiscal period for which appropriations were received without penalty or expense to Customer, except as to the portion of the payments for which fund shall have been appropriated and budgeted. At least ninety (90) days prior to the end of Customer’s fiscal period, Customer shall certify in writing that (1) funds have not been appropriated for the next fiscal period, (b) such non-appropriation did not result from any act or failure to act by Customer; and (c) Customer has exhausted all funds legally available to pay EUNA. If Customer terminates this Agreement because of non-appropriation of funds, Customer may not purchase or lease during the subsequent fiscal period, software and/or service performing the same function as, or functions taking the place of those performed by the software and/or service provided by EUNA; however, that these restrictions shall not be applicable if or to the extent that the application of these restrictions would affect the validity of this Agreement. g. Survival. Sections 3.g, 4, 5, 7, 8, 9, 10, 11, 12, and 14-34 survive any termination or expiration of this Agreement. No other provisions of this Agreement survive the expiration or earlier termination of this Agreement. 11. Indemnification. a. EUNA Indemnification. (i) EUNA SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CUSTOMER FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) (“LOSSES”) INCURRED BY CUSTOMER RESULTING FROM ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING (“THIRD-PARTY CLAIM”) THAT THE SAAS OFFERING OR PROFESSIONAL SERVICES, OR ANY USE OF THE SAAS OFFERING OR PROFESSIONAL SERVICES IN ACCORDANCE WITH THIS AGREEMENT, INFRINGES OR MISAPPROPRIATES SUCH THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, PROVIDED THAT CUSTOMER PROMPTLY NOTIFIES EUNA IN WRITING OF SUCH THIRD-PARTY CLAIM, COOPERATES WITH EUNA, AND ALLOWS EUNA SOLE AUTHORITY TO CONTROL THE DEFENSE AND SETTLEMENT OF SUCH THIRD-PARTY CLAIM. (ii) If a Third-Party Claim is made or appears possible, Customer agrees to permit EUNA, at EUNA’s sole discretion, to (A) modify or replace the SAAS Offering or Professional Services or component or part thereof, to make it non-infringing, (B) obtain the right for Customer to continue use, or (C) terminate the license for the SAAS Offering and Professional Services and provide a pro rata refund to Customer. If EUNA determines that none of these alternatives is reasonably available, EUNA may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Customer. 6.46.4 (iii) This Section will not apply to the extent that the alleged infringement arises from: (A) use of the SAAS Offering or Professional Services in combination with data, software, hardware, equipment, or technology not provided by EUNA or authorized by EUNA in writing; (B) modifications to the SAAS Offering or Professional Services not made by EUNA; or (C) Customer Data; or (D) Third-Party Products. b. Customer Indemnification. CUSTOMER SHALL INDEMNIFY, HOLD HARMLESS, AND, AT EUNA’S OPTION, DEFEND EUNA AND ITS AFFILIATES, AND THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “EUNA GROUP”) FROM AND AGAINST ANY LOSSES RESULTING FROM ANY THIRD-PARTY CLAIM (I) THAT THE CUSTOMER DATA, OR ANY USE OF THE CUSTOMER DATA IN ACCORDANCE WITH THIS AGREEMENT, INFRINGES, VIOLATES OR MISAPPROPRIATES SUCH THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR ANY LAW, OR (II) BASED ON CUSTOMER’S OR ANY AUTHORIZED USER’S (A) NEGLIGENCE OR WILLFUL MISCONDUCT; (B) USE OF THE SERVICES OR SAAS OFFERING IN A MANNER NOT AUTHORIZED BY THIS AGREEMENT; (C) USE OF THE SERVICES OR SAAS OFFERING IN COMBINATION WITH DATA, SOFTWARE, HARDWARE, EQUIPMENT, OR TECHNOLOGY NOT PROVIDED BY EUNA OR AUTHORIZED BY EUNA IN WRITING; OR (D) MODIFICATIONS TO THE PROFESSIONAL SERVICES OR SAAS OFFERING NOT MADE BY EUNA, PROVIDED THAT CUSTOMER MAY NOT SETTLE ANY THIRD-PARTY CLAIM AGAINST ANY OF THE EUNA GROUP UNLESS EUNA CONSENTS TO SUCH SETTLEMENT, AND FURTHER PROVIDED THAT EUNA WILL HAVE THE RIGHT, AT ITS OPTION, TO DEFEND THE EUNA GROUP AGAINST ANY SUCH THIRD-PARTY CLAIM OR TO PARTICIPATE IN THE DEFENSE THEREOF BY COUNSEL OF ITS OWN CHOICE. c. Sole Remedy. THIS SECTION SETS FORTH CUSTOMER’S SOLE REMEDIES AND EUNA’S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE PROFESSIONAL SERVICES OR SAAS OFFERING INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 12. Limitation of Liability. a. IN NO EVENT SHALL EUNA BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT EUNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. b. IN NO EVENT SHALL EUNAS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO EUNA PURSUANT TO THE APPLICABLE ORDER FORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. ADDITIONALLY, IN NO EVENT WILL EUNA BE LIABLE FOR ANY CLAIM BROUGHT BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR REASONABLY SHOULD HAVE BEEN DISCOVERED. 6.46.4 c. UNDER NO CIRCUMSTANCES SHALL EUNA HAVE ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF ANY CUSTOMER DATA THAT IS INPUTTED INTO THE SAAS OFFERING. 13. Press Release. The Parties may issue a joint press release announcing the launch of the SAAS Offering and Customer’s use thereof. Such press releases shall be subject to Customer’s approval. Additionally, during the Term, EUNA may list Customer as a customer of EUNA, and Customer grants EUNA a non-exclusive, royalty-free, worldwide license to use any trademarks, service marks, or trade names of Customer in order to display such marks on EUNA’s website and marketing materials. 14. Information Security. Each Party will maintain reasonable administrative, technical and physical safeguards which are consistent with industry standards to protect the security, confidentiality and integrity of, and to protect against threats or hazards to the integrity of, and the unlawful, intentional, unauthorized or accidental destruction, loss, alteration, theft, misappropriation, disclosure, access or use of the other Party’s Confidential Information, Intellectual Property, and, (i) in the case of EUNA, the Customer Data, and (ii) in the case of Customer, the SAAS IP. 15. Export of Data. a. Customer Data. Upon termination, cancellation, expiration, or other conclusion of this Agreement, Customer may request that EUNA remove Customer Data from EUNA’s production systems. Customer acknowledges that as part of a commercially reasonable backup strategy, EUNA does maintain long term archival backups that may continue to contain Customer Data after termination of this Agreement. EUNA agrees not to utilize such archival backups for the specific purpose of accessing Customer Data after termination of this Agreement, unless specifically authorized to do so by Customer. b. Data Extraction. During the Term of this Agreement, Customer may utilize the standard functionality of the SAAS Offering for its intended purpose, including the ability to download data and copies of documents loaded into or generated by the SAAS Offering. Customer shall have the right to retain a copy of all downloaded documents.. During the Term of and within thirty (30) days following termination of this Agreement, Customer may request EUNA to provide consulting services to Customer in order to perform a custom extract of Customer data from the SAAS Offering. EUNA will provide the requested consulting services for an hourly rate set forth in the Order Form or Statement of Work. Custom data extracts will be provided electronically in a text delimited flat file format (or other mutually acceptable format) and will be scrubbed of all EUNA proprietary data structures. Customer and EUNA will work together to determine a list of the specific data elements to be provided, at which point EUNA will provide an estimate of the time required to extract the data. Once the estimate has been provided, if Customer wishes EUNA to proceed with the data extract, Customer will make a mobilization payment of fifty percent (50%) of the estimated amount to EUNA. After receipt of this payment, EUNA will then have thirty (30) days to deliver the data extracts to Customer. Customer shall have thirty (30) days upon receipt of the data to review for acceptance. Upon acceptance, EUNA will provide Customer with a final accounting of hours and Customer shall be responsible for payment of the additional consulting fees. 16. Authorized Reseller Status; Option to Purchase Affiliate Products. GTY Technology Holdings Inc. dba Euna Solutions (“Euna”) is the parent company to multiple other SaaS companies (such subsidiaries, “Affiliates”). These products and services may vary during the Term, but generally include, but are not limited to, software-as-a-service technology for the procurement and vendor supplier sourcing industry, digital services and payment technology through a software-as-a-service platform, software solutions for grants management and indirect cost reimbursement and related implementation and consulting services, software tools to streamline permitting and licensing services, and additional web- based budgeting preparation, performance, management and data visualization solutions (“Affiliate 6.46.4 Products”). As of the Effective Date, Affiliates include Questica Ltd., eCivis Inc., Ion Wave Technologies, LLC, DemandStar Corporation, Open Counter Enterprise Inc., Sherpa Government Solutions LLC, CityBase Inc., and GTY Software Inc. in Canada. In addition to the products and services that are the subject of this Agreement, Customer has the option to purchase from either Euna, as an authorized reseller, or Affiliates, the Affiliate Products on same terms of the Agreement. Notwithstanding the foregoing, Customer understands that different order forms, statement of work(s), and product specific service level agreements may apply. Customer will be provided the Affiliate’s additional product terms and will have the opportunity to review and consent to such terms. 17. Entire Agreement. This Agreement, including and together with the Order Form referencing this SAAS and Services Agreement, and any Statements of Work, policies, and other documents referenced and incorporated herein or in the Order Form, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. The Parties acknowledge and agree that if there is any conflict between the terms and conditions of this Agreement and the terms and conditions of any Order Form, the Order Form followed by the Service Level Policy shall supersede and control. To the extent the Order Form links to legal terms other than this SAAS and Services Agreement or a Statement of Work, those terms shall not apply. 18. Notices. All notices, requests, consents, claims, demands, waivers and other communications under this Agreement must be in writing and addressed to the other Party at its address in the Order Form (or to such other address that the receiving Party may designate from time to time in accordance with this Section). For Notices to EUNA, legal@eunasolutions.com shall be sent a courtesy email notification. Unless otherwise agreed herein, all Notices must be delivered by personal delivery, nationally recognized overnight courier or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the receiving Party; and (b) if the Party giving the Notice has complied with the requirements of this Section. 19. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the court may modify this Agreement to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 20. Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. 21. Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 22. Assignment. Neither Party shall assign, transfer, delegate or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other Party. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve Customer of any of its obligations under this Agreement. Notwithstanding the foregoing, EUNA may assign this Agreement and any of its rights or delegate any of its obligations to any 6.46.4 affiliate, subsidiary, or to any person acquiring all or substantially all of EUNA’s assets without Customer’s consent. 23. Successors and Assigns. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns. 24. Relationship of the Parties. The relationship between the Parties is that of independent contractors. The details of the method and manner for performance of the Services by EUNA shall be under its own control, Customer being interested only in the results thereof. EUNA shall be solely responsible for supervising, controlling, and directing the details and manner of the completion of the Professional Services and the provision of the SAAS Offering. Nothing in this Agreement shall give Customer the right to instruct, supervise, control, or direct the details and manner of the completion of the Professional Services or the provision of the SAAS Offering. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever. 25. No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. 26. Choice of Law. This Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the Laws of the State of Delaware, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the Laws of any jurisdiction other than those of the State of Delaware, United States of America. 27. Choice of Forum. Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments and appendices attached to this Agreement, and all contemplated transactions, including contract, equity, tort, fraud and statutory claims, in any forum other than the courts of the State of Delaware, and any appellate court from any thereof. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation or proceeding only in the courts of the State of Delaware. Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. 28. Export Regulation. Customer shall comply with all applicable Laws, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), that prohibit or restrict the export or re-export of the SAAS Offering or any Customer Data outside the US. 29. WAIVER OF JURY TRIAL. EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMEN IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. 6.46.4 30. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 31. Force Majeure. “Force Majeure Events” means events beyond a Party’s reasonable control, including without limitation acts of nature, labor disputes, the stability or availability of the Internet or a portion thereof, actions by a governmental authority (such as a moratorium on any activities related to this Agreement or changes in Laws), telecommunication or Internet network failures or brown-outs, failures or unavailability of third party systems, networks or software, flood, earthquake, fire, lightning, epidemics, war, acts of terrorism, riots, civil disturbances, sabotage, power grid failures, and denial of service attacks and other hacking attacks. Neither Party shall be liable for any loss, damage or penalty resulting from delays or failures in performance resulting from Force Majeure Events (except for any obligations of Customer to make payments to EUNA hereunder). The Party affected by the Force Majeure Event will promptly notify the other Party and will resume performance when the Force Majeure Event is no longer effective and the impact has been remediated. 32. Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise. 33. Government Use. The SAAS Offering, Documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the SAAS Offering or Documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the foregoing will be only those specified in this Agreement. Customer’s rights in the SAAS Offering and Documentation are limited to those expressly granted in Section 3. 34. Cooperative Statement. Other government organizations and educational or health care institutions may elect to participate in this Agreement (piggyback) at their discretion provided EUNA also agrees to do so in writing. [signature page follows] 6.46.4 The Parties have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date. City of Crystal MN By_____________________ Name: Title: Questica LTD. By_____________________ Name: Title: 6.46.4 EXHIBIT B STATEMENT OF WORK System Hosting Server Production & Test Instances of Questica Budget Questica will install a production instance of Questica Budget in a cloud hosted environment, as per the signed hosting agreement. The implementation will be carried out directly on the “production” system. A second system, for testing, will be created by copying the production system on request. Questica will service a reasonable number of such copies, at the discretion of the Questica project manager. Questica reserves the right to delete test systems left unused for an extended period of time. In such a case, The Customer may have a test system reinstated when needed, by requesting a copy of the current production system. Production Instance of OpenBook Questica will install a single instance of OpenBook in a cloud hosted environment. Client Software The Customer will provide user workstation environments as follows: • Supported web browsers - Internet Explorer 11 or newer, Microsoft Edge, Firefox latest release, Chrome latest release. • Microsoft .NET Framework 4.6. • Microsoft Excel® 2007 or newer (required for data export/import). • Report Builder 3.0 downloaded and installed without charge from Microsoft’s web site for self-serve (“ad hoc”) reporting. Project Management & Analysis Questica and The Customer agree that the implementation of Questica Budget is a shared responsibility. Neither Questica nor The Customer is expected to have resources available to mitigate timeframe slippage caused by the other party. Delays on the part of The Customer, including putting the project on temporary hold or changes in project personnel, may result in a Change Order to cover the cost of restart, rework, rescheduling, and retraining. Questica shall provide the professional service as defined in this Statement of Work, in a professional manner, consistent with industry standards. Unless otherwise agreed upon by both parties, or as the result of a delay on the part of Questica, the obligation to provide professional services to The Customer expires the earlier of: • Completion of the services described in the SOW • 12 months from the effective date of the relevant Order Form. Questica Project Lead Questica will assign a lead analyst/project manager, hereafter referred to as the “PM”, to lead the implementation on Questica's behalf. The PM will carry out most project management, analysis, and configuration activities. They will engage other Questica staff to fulfill deliverables according need. 6.46.46.4 All work with the Questica PM will be carried out “off-site” and contact will be via email, telephone, video conference, and remote desktop sharing. A SharePoint repository will be provided by Questica for housing project documentation and exchanging data load spreadsheets. The project management responsibilities of Questica’s PM are as follows: a) Coordinate the development of the project timeline with The Customer’s project manager. b) Ensure the timely execution of Questica’s deliverables. c) Ensure that members of The Customer team are sufficiently educated in the Questica Budget application to understand the implications of design decisions. d) Advise The Customer of expected completion dates for “Customer task” identified within this SoW. e) Advise The Customer of the impact if any Questica or Customer deliverable is advanced or delayed. f) Track and communicate issues though an “issue log”. g) Author, and coordinate the approval of, change orders. The Customer’s Project Lead The Customer will assign a resource as their project lead. This person may be a project manager or senior member of the budget office/financial team. The role and responsibilities of this resource are as follows: a) Act as primary communication point with the Questica PM. b) Provide definitive responses to the Questica PM on all decision points. c) Ensure the timely execution of The Customer’s deliverables, as identified within this SoW. d) Advise the Questica PM of expected completion dates for these tasks. e) Ensure that implementation training material is reviewed in a timely manner. f) Ensure that all Customer team members have a clear understanding of their roles and responsibilities in the implementation. g) Ensure that all Customer team has sufficient understanding of the product and the implementation to make their decisions and complete their deliverables. h) Approve (sign-off) on Questica deliverables. i) Certify that change orders contain a full specification of the changes required. The Customer will have access to training materials, such as videos, online in the Questica Academy. Data Loading The Customer is encouraged to load the data, under the guidance of the Questica PM and supporting implementation material. This approach is the best means to full understanding in the shortest possible time. Where the Questica PM needs to load data on The Customer’s behalf (where noted in the Scope of Implementation Services below), the data must be provided to Questica in Excel workbooks; and must be “clean”, consistent, and complete. The Questica PM is not responsible for cleaning data, will not load data “piecemeal”, and will not repeatedly load data in order to repair issues and/or add missing information. Further data loads/reloads can be performed by The Customer using the software’s user interface. Integrations Integrations are the automation of data exchange between Questica and 3rd party systems. This will use files transferred to/from an SFTP or FTPS server provided by Questica, except where alternatives are explicitly noted as options in the Scope of Implementation Services below. Questica does not offer services to build the 3rd party system end of integrations. The Customer is responsible for creating data sources and destinations within their 3rd party systems, either through their IT team or through their system’s integrator. Alternatively, manual exports and imports are a practical way to transfer data. 6.46.46.4 Scope of Implementation Services Questica Budget Configuration & Shared Components Function, Feature, or Service Description Scope Initial Data Load of Chart of Account Data Configuration and data import of the following Questica standard data structures: • Division/Department hierarchy. • Fund Categories and Funds. • Account Categories and Expense and Revenue GL Accounts. • Other COA dimensions. Questica will work with the customer to determine the most efficient and effective manner to acquire this data from existing systems. In scope: All reasonable data required to support a chart of accounts, roll-ups, additional chart categorizations, budgets, and actuals. Budget Process Configuration Define and configure the statuses, stages, snapshots, additional fields, forms, grids, and change request types required to support all fundamental budgeting processes. The implementation assumes centralized budgeting and a standard budget development process along the lines of base budget, to department request, through budget office review, and council/board approval. The Customer is able to increase the complexity of the budget process beyond this simple model, using the software’s user interface, following training. In scope: Questica and The Customer will work cooperatively to define and configure all fundamental budgeting processes. Application Level Security Configuration of user accounts and role-based security, modelling a standard “pipeline” budget development and management process. The Customer is able to increase the complexity of security beyond this simple model using the software’s user interface following training. In scope: It is important that The Customer understands the security configuration. Questica’s PM will provide advice, instruction, discuss configuration strategies, and create “template” security roles. Project Management, Configuration & Analysis The fixed price cost includes overhead of project management and analysis by the PM during implementation. Should implementation project management and consulting be required beyond the scoped period, additional time may be purchased at Questica’s standard services rate. In scope: Service provided until all other services are delivered or 20 weeks contiguous from project kick-off, whichever occurs first. Operating Module The Operating module is In scope. 6.46.46.4 Function, Feature, or Service Description Scope Configuration & Initial Data Load Questica will work with the customer to determine the most efficient and effective manner to acquire this data from existing systems. Import Costing Centers Configuration and data import of standard Questica Operating data structures. At a minimum, the data will be sufficient to: • Create Costing Centers (for each historical and current/future budget year to be loaded). • Add Costing Centers to Departments. • Associate Costing Centers with Funds. • Define Budget Promotion Stages. In scope Import Budgets Import multiple years of Operating budget: • Create dollar budget line items with GL Accounts (or The Customer’s equivalent thereof) ... at the Costing Center level. The budgets must be imported in year order from oldest to newest. * If budgets change after the initial data load, the client can update it directly within the system. In scope: 2 prior years + current fiscal year budgets The Customer can import additional years at their discretion (there is no system restriction). Integrations Budget Export Integration Interface to export the adopted budget from Questica into The Customer’s general ledger system. Data can be extracted into a text (“CSV”) file, an Excel® workbook, or through a RESTful API call to a Questica ad hoc view. The implementation allows for a reasonable number of simple automated transformations such as basic filtering, field concatenation or splitting, flipping revenue signs. * If a custom integration is required (for example to accommodate dynamic mapping of data due to legacy systems or non-normalized GL Account structures) then please discuss adding this for a one-time set-up fee. In scope: 1 point of budget export integration. Budget Amendments Export Integration Interface to transfer individual approved amendments to the Operating budget, from Questica Budget to The Customer’s general ledger, or the other direction as required. This interface is required only in the case where amendments must be synchronized between the two systems and where the general ledger cannot be updated by re-running the full export provided in the item in the “Budget Export” item above. * If this integration is required, then please discuss adding this for a one-time set-up fee. Not in scope 6.46.46.4 GL Actuals Import Integration Interface to copy/import financial Actuals into the Questica Operating module from The Customer’s general ledger system. This interface can be automated to run on a schedule. Data to be imported will need to be in a standard “CSV” formatted file with the following required fields/columns, in the order listed. 1. AccountStructure 2. TransactionDate 3. Amount Additional fields/columns may be added, upon the discretion of The Customer, as long as they follow Questica Budget’s format. Actuals can be individual transactions or monthly balance by account structure. The implementation allows for a reasonable number of simple automated transformations such flipping revenue signs or date formats. Transactions will be imported provided that the data element can be unambiguously matched to a pre-existing record (for example costing center, fund and GL account). An exception report is provided for data elements which cannot be matched. The import integrations will not create accounts, or segments of the account, in the case that the account or segment does not already exist in Questica. * If a custom integration is required (for example to accommodate dynamic mapping of data due to legacy systems or non-normalized GL Account structures; or to read the actuals using a Web API) then please discuss adding this for a one-time set-up fee. In scope: 1 point of actuals import integration. Optional Features The following optional add-ins offer functionality necessary for very specific budgeting activities, as described. If “Not in scope” then these features are not part of the purchased Questica package. Allocations Add-in The Questica Budget Allocations add-in, to automatically transfer specific budget lines to multiple costing centers. If the Capital module is in scope then budget lines can also be allocated to projects. In scope: Shared task: The Customer will receive assistance from the Questica PM to create a subset of the required allocations which can then be referenced by The Customer to create the full required set. Statistical Ledger Add-in The Questica Budget Statistical Ledger add-in, to budget for non-general ledger and non-monetary values, rates and quantities (within costing centers). Also provides a In scope: 2 prior years + current fiscal year budgets 6.46.46.4 convenient source of non-monetary data for the Performance Measures module. The Customer can import additional years at their discretion (there is no system restriction). Personnel Planning & Budgeting Module The Personnel Planning & Budgeting module is In scope. Function, Feature, or Service Description Scope Configuration & Initial Data Load Due to access limitations is unlikely that the Questica PM is able to perform the data extraction and will require The Customer to provide this data in Excel workbooks. The Questica Personnel module is not loaded or used for historical fiscal years. It will be configured only for one fiscal year which should be either: • Current fiscal year: The Customer will be able to verify the structure by “publishing” the Salaries to their current budget and making a comparison, but the position/employee data will be stale by one year and will need updating when rolling to the new budget year. • New budget year (first year for which a new budget is being built using Questica). Note that once in the system all salaries data is rolled with the Operating budget when creating a new budget year. It does not need to be reloaded, simply updated to match the current state. Import Positions & Employees Load the lists of Employees and associated data; and Positions and their associated data (including incumbent Employee). In scope Import Grades & Scales Load the list of Grades and their associated data, and any contracted pay Scales (hourly by “Step”). In scope Configure Benefits (“Modifiers”) Create “modifiers” to generate supplementary personnel costs such as benefits, allowances, payroll taxes, and insurance. Note that modifiers are not simple 2-dimensional data that can be represented in a spreadsheet. It is not possible to load modifiers in bulk from Excel® workbooks. The Questica system is pre-loaded with example modifiers that The Customer may find useful to use as-is, or for copying and editing to generate the supplementary personnel costs appropriate to their organization. *While most supplementary personnel costs can be configured and auto-calculated using “modifiers”, on occasion the rules and arithmetic of certain costs cannot be modelled and either need to be manually calculated and entered by The Customer or accommodated through custom Shared task: The Customer will receive assistance from the Questica PM to create a subset of the required modifiers which can then be copied and edited by The Customer as many times as needed to create the full required set. 6.46.46.4 modifiers which can be added to the implementation for a one-time setup fee. Import Position/Costing Center Allocations Load the “allocation” of Positions to the Costing Centers, to assign payroll costs of those Positions. Each Position may be split between multiple Costing Centers. Within each Costing Center, all payroll costs are consolidated to the account string level. You may also choose to configure the system such that it splits the costs to a more detailed level. In scope Capital Module The Capital module is In scope. Function, Feature, or Service Description Scope Configuration & Initial Data Load Questica will work with the customer to determine the most efficient and effective manner to acquire this data from existing systems. Import Capital Projects Configuration and data import of standard Questica Capital data structures. At a minimum, the data will be sufficient to: • Create Projects (including closed projects where historical budget is being loaded). • Add Projects to the list of Departments that are consistent with, and shared by, the Operating module. • Define Project Promotion Stages. The configuration data may optionally contain data to: • Define Asset Categories & Asset Types. • Define a Single Set of Project Ranking Metrics. In scope Import Budgets Import multiple years of Capital budget: • Create dollar budget line items with GL Accounts (or The Customer’s equivalent thereof) ... at the Project level. The budgets must be imported in year order from oldest to newest. * If budgets change after the initial data load, the client can update it directly within the system. In scope: 2 prior years + current fiscal year budgets The Customer can import additional years at their discretion (there is no system restriction). Integrations Budget Export Integration Interface to export the adopted budget from Questica into The Customer’s general ledger or project control system. Data can be extracted into a text (“CSV”) file, an Excel® workbook, or through a RESTful API call to a Questica ad hoc view. In scope: 1 point of budget export integration. 6.46.46.4 The implementation allows for a reasonable number of simple automated transformations such as basic filtering, field concatenation or splitting, flipping revenue signs. * If a custom integration is required (for example to accommodate dynamic mapping of data due to legacy systems or non-normalized GL Account structures) then please discuss adding this for a one-time set-up fee. Budget Amendments Export Integration Interface to transfer individual approved amendments to the Capital budget, from Questica Budget to The Customer’s general ledger, or the other direction as required. This interface is required only in the case where amendments must be synchronized between the two systems and where the general ledger cannot be updated by re-running the full export provided in the item in the “Budget Export” item above. Not in scope Actuals Import Integration Interface to copy financial Actuals into the Questica Capital module from The Customer’s general ledger or project control system. This interface can be automated to run on a schedule. Data to be imported will need to be in a standard “CSV” formatted file with the following required fields/columns, in the order listed. 4. AccountStructure 5. TransactionDate 6. Amount Additional fields/columns may be added, upon the discretion of The Customer, as long as they follow Questica Budget’s format. Actuals can be individual transactions or monthly balance by account structure. The implementation allows for a reasonable number of simple automated transformations such flipping revenue signs or date formats. Transactions will be imported provided that the data element can be unambiguously matched to a pre-existing record (for example costing center, fund and GL account). An exception report is provided for data elements which cannot be matched. The import integrations will not create accounts, or segments of the account, in the case that the account or segment does not already exist in Questica. * If a custom integration is required (for example to accommodate dynamic mapping of data due to legacy systems or non-normalized GL Account structures; or to read the actuals using a Web API) then please discuss adding this for a one-time set-up fee. In scope: 1 point of actuals import integration. 6.46.46.4 Performance Measures Module The Performance Measures module is In scope. Function, Feature, or Service Description Scope Performance Measurement Consulting Consulting services to advise, design, promote, and enact Performance Measurement Programs. Not in scope Configuration & Initial Data Load Measure Categories and Units Configuration of Performance Measure Categories and Units of Measure. In scope Measures The Customer will receive training to determine how to enter Performance Measures into the system. Shared task: The Customer will receive assistance from the Questica PM to create a subset of the required measures which can then be referenced by The Customer to create the full required set. Scorecards The Customer will receive training to determine how to configure Performance Measure Scorecards within the system. Shared task: The Customer will receive assistance from the Questica PM to create a subset of the required scorecards which can then be referenced by The Customer to create the full required set. Integrations Measure Actuals Import Automated interface for importing Actuals from the many and various systems which might house data useful as Measure Actuals. *If a custom integration is required then please discuss adding this for a one-time set-up fee. Not in scope OpenBook Use of Questica’s OpenBook transparency portal is included in this system. Function, Feature, or Service Description Scope Setup & Connection Create OpenBook instance. Connect to Questica Budget production instance with out-of-the-box API and test connectivity. In Scope Analysis & Design • Post-training review of concepts and process with The Customer, including the visualization types, their purpose and appropriate Questica Budget data sources. In Scope 6.46.46.4 • Assistance in determining initial set of visualizations. • Review the editing and publishing of datasets from Questica Budget to OpenBook. • Determination of non-Questica Budget data sources. Questica Budget Configuration Creation of “ad hoc views” in Questica to support data requirements of The Customer’s OpenBook (as determined during analysis & design), typically: • Budget • Actual • Budget vs Actual Shared task: The Questica PM will assist in configuring a reasonable number of views for the initial set of OpenBook data visualizations. OpenBook General Configuration Configuration of OpenBook settings, profile, UI options, and admin user. In Scope OpenBook Visualization Configuration Creation of “Visualizations” in OpenBook using out-of-the-box Visualization templates, sourcing data from Questica Budget dataset and ad hoc spreadsheets. Shared task: The Questica PM will assist in configuring a reasonable number of OpenBook data visualizations as the initial set. The customer may continue to add visualizations throughout their use of OpenBook. OpenBook Advanced/Custom Visualizations. Creation of more advanced visualizations, for example those requiring multiple data sources and/or new reporting entities within Questica Budget and/or custom visualizations. Not in scope Budget Book Studio Questica’s Budget Book Studio is included in this system. Guided-Self implementation of Questica’s standard Budget Book Studio: You will be responsible for creating the Views in Questica Budget and using the training content provided to guide you through configuring the layout and content of that data in each Digital Budget Book you build. Questica’s assistance in this shall be delivered remote over a period not exceeding 8 weeks and a total of 8 hours. Services include: • Training through online content and webinar style training sessions, including an optional introduction for newcomers to OpenBook. • Meeting with Consultant to discuss data model, and the options and selected approach for data sources. • Assistance in configuration & testing the data integration from Questica Budget. * • Guidance on completing tasks, including: o manual input of values deemed non-automatable; o insertion of unstructured data from files such as images, maps, award certificates, and charts; o sharing experience of layout and content options. 6.46.46.4 * Where the source system is not Questica Budget, the customer is responsible for providing clean well organized data in CSV files for upload. Training The following list details the proposed training. The PM and The Customer will determine the final training plan. Topics may be swapped to receive more of one and less of another, provided that the total amount of training does not exceed the proposed plan. Training Topic Description Scope Implementation A Questica Budget Implementation Guide, along with a Project/Milestone Plan, identifies all steps involved in the implementation process. This guide references pre-recorded training videos, job aids, etc. After which a PM will address Customer questions and provide advise as needed. Customer task Administration Training in Questica Budget administration is delivered via a series of training courseware, such as pre-recorded videos, after which a PM will address Customer questions and provide advice as needed. Customer task Administrator Authored Reporting Training in the use of ad hoc views and dashboards is delivered via pre-recorded training videos, after which a PM will address Customer questions and provide advice as needed. Questica also provides instructional videos on the use of the Report Builder 3.0 report authoring tool but recommends that users make use of the many online resources to gain expertise in this tool. Customer task Allocations Training in Questica Budget's Allocations feature is delivered via a pre-recorded training video, after which a PM will address Customer questions and provide advice as needed. In scope Change Request Training in Questica Budget's Change Requests feature is delivered via a pre-recorded training video, after which a PM will address Customer questions and provide advice as needed. Customer task Statistical Ledger Training in Questica Budget’s Statistical Ledger feature is delivered via a pre-recorded training video, after which a PM will address Customer questions and provide advice as needed. In scope Operating Module Training in the use of Questica Budget's Operating module is delivered in one “live” training session. This session can be recorded and made available online to your users only. In scope Personnel Planning & Budgeting Training in the use of Questica Budget's Personnel Planning & Budgeting module is delivered in one “live” training session. In scope 6.46.46.4 This session can be recorded and made available online to your users only. Capital Module Training in the use of Questica Budget's Capital module is delivered in one “live” training session. This session can be recorded and made available online to your users only. In scope Performance Measures Training in Questica’s Performance Measures module is delivered via a series of pre-recorded training videos, after which a PM will address Customer questions and provide advice as needed. In scope OpenBook Training in Questica’s OpenBook module is delivered via a series of pre-recorded training videos, after which a PM will address Customer questions and provide advice as needed. In scope Customizations Custom Integrations, Business Rules (CBRs), Modifiers, User Interface This SoW does not include the development of customizations. Customizations can be accommodated upon receipt and acceptance of a change order and will extend the implementation timeline. Custom Reports and Report Entities This SoW does not include the development of custom reports or report entities. Custom reporting can be accommodated upon receipt and acceptance of a change order. Change Orders Any changes to the agreed scope, including changes requested by The Customer within the warranty period of customizations, shall be the subject of a new change order and the work to be carried out thereunder shall be separately estimated, agreed, and billed. Questica and The Customer must draw up an agreement of design detail and cost estimate before Questica undertakes any customizations. The work shall be billed on a time and materials basis at the contracted rate in effect at the time of estimation. Should The Customer require a more detailed design and estimate, this can be prepared, however the investigation will be billable as the design of customizations is a significant part of the work. Warranty Once completed, any custom work shall be warranted by Questica in accordance with the “Technical Support Services” section of the Questica Software License Agreement. 6.46.46.4 EXHIBIT C HOSTING, MAINTENANCE, TECHNICAL SUPPORT SERVICES (A) Hosting Services. EUNA shall provide technical support and the associated hardware infrastructure to maintain the various EUNA databases in a hosted environment. This includes performance tuning, database backups, disaster recovery availability, applying software upgrades and patches at the direction of the Customer, performing 24X7 server monitoring. Hosting Services do not include: I. Testing customizations during an upgrade II. Restoring a database backup required because of a Customer error III. Migrating data or reports among instances (example: from training or testing to production) EUNA may at its sole discretion, periodically make reasonable modifications or changes to the Hosting Services provided. Customer is responsible for ensuring that its personnel have sufficient training to attain and maintain competence in the operation of the Software. Technical support relating to the Hosting Services is available through EUNA’s normal business hours, Monday through Friday, 8:00am through 8:00pm, Eastern Standard Time on Business Days. Extended coverage is available for an additional fee. EUNA will provide an initial response to all properly submitted support requests within two (2) business hours of initial submission. (B) Product Maintenance. On an as-available basis, EUNA will provide enhancements, modifications or upgrades to the Software as EUNA may from time to time make available to its Customers generally (“Updates”) but excluding any New Product (a “New Product” being a solution which, in EUNA’s determination and subject to general industry standards, does not replace the Software licensed hereunder.) Updates do not include: I. Platform extensions including product extensions to (i) different hardware platforms; (ii) different windowing system platforms; (iii) different operating system platforms II. New applications III. Services associated with the application or installation of Updates If requested, EUNA will provide assistance in the testing of any site-specific customizations. EUNA will provide a quote for any required rework associated with customizations resulting from the upgrade. (C) Technical Support Services. EUNA will provide phone and e-mail based technical support of a reasonable nature as described herein. A technical support incident or problem is a single user defined problem seeking resolution. It must be related to the original intent and design of the software. Technical Support Services include the support of EUNA supplied integrations that have not been modified by the Customer. Each Technical Support Service incident is deemed closed when a remedy, workaround, or recommendation for the installation of a current maintenance release has been offered, and a commercially reasonable effort has been made to restore operation to the original intent and design of the Software. Technical Support Service does not include: I. Custom programming services; II. On-site support; III. Customer developed interfaces, API interactions, or customizations; IV. Customer developed reports; V. End-User training or re-training; VI. Customer hardware or network issues; VII. Correction of data issues derived from user error or Software misuse; 6.46.46.4 VIII. Changes to EUNA developed custom reports or Permitted Customizations (including EUNA supplied custom business rules or customized user screens) that are outside the scope of the accepted specification, Statement of Work, or authorized change requests; IX. Corrections to EUNA developed custom reports or Permitted Customizations beyond six (6) months from the date of delivery (the upgrade protection period); and X. Changes to integration functionality made necessary due to Customer server modifications/replacement, or changes by upgrades or changes to the integrated financial system software or hardware. EUNA may at its sole discretion, periodically make reasonable modifications or changes to the Technical Support Services and/or Product Maintenance Services provided. Customer is responsible for ensuring that its personnel have sufficient training to attain and maintain competence in the operation of the Software. Technical Support Service is available through EUNA’s normal business hours, Monday through Friday, 8:00am through 8:00pm, Eastern Standard Time on Business Days. Extended coverage is available for an additional fee. END OF SOFTWARE SUBSCRIPTION AGREEMENT DOCUMENT 6.46.46.4 AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL • REGULAR MEETING • TUESDAY, JUNE 18, 2024 IMMEDIATELY FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order * 2. Roll call * 3. Approval of minutes from April 2, 2024 regular meeting 4. Select artwork for traffic signal cabinet wraps 5. Consider a resolution approving a demolition contract for 6110 Lakeland Ave. N. 6. Property status update * 7. Other business * 8. Adjournment * *Items for which no materials are included in the packet Page 1 of 3 Minutes of the Economic Development Authority of the City of Crystal Regular Meeting Council Chambers April 2, 2024 1. Call to Order President Onesirosan called the meeting of the Economic Development Authority of the City of Crystal (EDA) to order at 7:48 p.m. 2. Roll Call Upon call of the roll, the following Commissioners were present: Jim Adams, John Budziszewski, David Cummings, Traci Kamish, Therese Kiser and Taji Onesirosan. The following staff were present: Executive Director Adam Bell, Deputy Executive Director John Sutter and City Attorney Troy Gilchrist. 3. Approval of Minutes Moved by Commissioner Kamish (Kiser) to approve the minutes from the March 19, 2024 regular meeting. Motion carried. 4. Receive 2023 Annual Report Staff presented the 2023 Annual Report and answered questions from the board. 5. Consider approval of 2024 Work Plan Staff presented the 2024 Work Plan, answered questions from the board and requested board approval. After discussion, moved by Commissioner Kamish (Budziszewski) to approve the 2024 Work Plan with the following change: Windows, doors and accessibility improvements will continue to be eligible but the combined total of those improvements shall not exceed 50% of the eligible costs. Motion carried. 6. Discuss considerations for 2025-2026 Work Plan Page 2 of 3 This discussion was included in the staff presentation for item #5 and there will be additional discussion at future meetings. 7. Property status update Staff and the Commissioners discussed the status of the following properties: • 5600 West Broadway - new Wells Fargo branch and 7000 56th Ave. N. - current Wells Fargo Branch to be closed • 6827 56th Ave. N. - Dunkin’ (vacant Dairy Queen building) 8. Other Business There was no other business. 9. Adjournment Moved by Commissioner Budziszewski (Kiser) to adjourn the meeting. Motion carried. The meeting adjourned at 9:41 p.m. Page 3 of 3 These minutes of the April 2, 2024 meeting of the Crystal Economic Development Authority were approved by the Authority on ________________ ____, 20___. ______________________________ Taji Onesirosan, President ATTEST: ______________________________ Traci Kamish, Secretary Page 1 of 2 ____________________________________________________________________________________ FROM: John Sutter, Community Development Director TO: Adam R. Bell, Executive Director (for June 18 EDA meeting) DATE: June 13, 2024 SUBJECT: Select artwork for traffic signal cabinet wraps ____________________________________________________________________________________ EDA STAFF REPORT Cabinet Artwork On April 2 the EDA adopted the 2024 Work Plan which included wrapping ten traffic signal cabinets with decorative artwork. One of the cabinets (#9 on map) is owned by the city. The others are owned by Hennepin County which has a permit process to allow their cabinets to be wrapped. The ten wraps will be fabricated and installed by Stratus/Comet Signs at a total cost of $20,670. Staff solicited artwork from the community via social media, with 117 likes and 102 shares on Facebook. Staff also directly emailed the following: • Crystal businesses • Art departments at North Hennepin Community and Hennepin Technical colleges • Art departments at Robbinsdale Cooper and Armstrong high schools • Arts magnet schools • Artists who have painted murals in Crystal Page 2 of 2 14 artworks were received by the June 10 submittal deadline. A staff working group met on June 12 to review the submittals. While each staff member had different favorites, the group did reach consensus on six artworks that were shared favorites. These are indicated with gray boxes on the attached motion sheet and 11x17 sheets. To keep the selection process manageable, staff recommends that the EDA board select up to ten of the submitted artworks. If fewer than ten are selected, then the Executive Director would have discretion to decide which selected artworks would be used more than once. After consulting with the vendor, if it is determined that a selected artwork cannot be used for technical reasons such as the image not being of sufficiently high resolution, then the Executive Director would have discretion to substitute a different selected artwork or one of the non-selected artworks. The Executive Director would assign artworks to specific cabinet locations depending on factors such as viewing angles, obstructions and other factors unique to each location. The wraps are anticipated to be fabricated and installed by the end of July. ATTACHMENTS 1. Request for artwork packet 2. Motion sheet with thumbnails of the 14 submittals 3. 14 submittals on 11x17 sheets REQUESTED EDA ACTION Select up to ten artworks using the attached motion sheet as a recommended script for the motion. Motion to select the following artworks as numbered (call out the numbers).... ___ 1 ___ 2 ___ 3 ___ 4 ___ 5 ___ 6 ___ 7 ___ 8 ___ 9 ___ 10 ___ 11 ___ 12 ___ 13 ___ 14 ...and that the Executive Director has discretion to: • Substitute a different selected artwork or one of the non-selected artworks if one of the selected artworks will not work due to technical issues after consultation with the vendor • Determine which of the selected artworks get used multiple times if this motion selects fewer than 10 artworks • Assign artworks to specific cabinet locations Do you have an artistic bent and want to contribute to help beautify your community? Or perhaps you are a professional artist looking to get your work out in the public domain and build your brand among a wider audience? As part of its continuing and expanded beautification efforts, the City of Crystal’s Economic Development Authority (EDA) will be wrapping ten traffic signal cabinets with decorative artwork in summer 2024. These wraps will be of a high-quality, durable vinyl material fabricated by an experienced vendor. Artwork Request for Traffic Signal Cabinet Wraps Cabinet locations: 1. West Broadway north of 57th Ave. N. 2. Bass Lake Road east of Jersey Ave. N. 3. Bass Lake Road east of Sherburne Ave. N. 4. West Broadway south of Bass Lake Road 5. West Broadway south of 55th Ave. N. 6. Douglas Drive south of West Broadway 7. Douglas Drive north of 42nd Ave. N. 8. 36th Ave. N. east of Douglas Drive 9. 36th Ave. N. east of Cub entrance 10. 27th Ave. N. east of Douglas Drive The city is seeking artwork for these cabinets from professional artists, community members, or anyone else looking to contribute to the beautification of Crystal. There would be no compensation for the artwork; it would be donated to the city and in the public domain. The city would publicly acknowledge the artist for their donation and the artwork would include an approx. 1 foot square ‘plaque’ which would say something like, “Artwork by ________ donated to the City of Crystal for public use.” The city understands that this arrangement may not be acceptable to professional artists which is why we are asking community members to consider submitting artwork. That said, professional artists are of course welcome to submit artwork if they are comfortable with this arrangement. At this time, the city does not know if it will select one artwork to be the same for all ten cabinets, or ten different artworks (one for each cabinet), or something in between. It will depend on the artworks submitted. If there’s one that the EDA board really likes, they may use it for all ten cabinets. If there are, say, three that they really like, they may use each artwork on multiple cabinets. Here are some possible ideas and themes to consider as you develop your artwork: • Bright colors to catch the eye • The whole world is in Crystal (celebrate the diversity of our community) • The history of Crystal (check out this video) • Birds and animals you see around Crystal • Things or places in Crystal that you love • Bird’s eye views of Crystal or key places in Crystal • City flag - incorporate it (subtly) into the design We understand that some of these ideas and themes may contradict others. That’s okay - we don’t expect any single artwork to incorporate all of these ideas, as that would be impossible. We also understand that you may have different and potentially better ideas. This list is just intended to get you thinking. The cabinets are the same size and the vendor has created a pdf template printable on 11x17 inch paper (1:10 scale). Note: One side of some cabinets may be blocked by a smaller, adjacent cabinet, so in some cases one panel may be modified since it would not be visible. Here is a reduced version of the template (not for submittal): Please create artwork suited to the sizing and framing of the attached 11x17, 1:10 scale template, and submit the high-quality print-ready pdf file no later than Monday, June 10, 2024 to john.sutter@crystalmn.gov. Anticipated schedule: June 10 Artwork submittals due June 18 EDA board selects artwork late June Design customized for each particular cabinet & finalized with vendor mid July Fabrication by vendor late July Installation by vendor Thank you for your interest in making Crystal a more beautiful and exciting place to live, work and play! 1 Gray box indicates that this artwork was a staff consensus favorite. 2 3 4 5 Gray box indicates that this artwork was a staff consensus favorite. 6 Gray box indicates that this artwork was a staff consensus favorite. 7 Gray box indicates that this artwork was a staff consensus favorite. 8 9 10 11 12 13 Gray box indicates that this artwork was a staff consensus favorite. 14 Gray box indicates that this artwork was a staff consensus favorite. ____________________________________________________________________________________ FROM: John Sutter, Community Development Director TO: Adam R. Bell, Executive Director (for June 18 EDA meeting) DATE: June 13, 2024 SUBJECT: Consider a resolution approving a demolition contract for 6110 Lakeland Ave. N. ____________________________________________________________________________________ EDA STAFF REPORT Demolition of 6110 Lakeland In January 2024 the EDA purchased this tax forfeited property from the state for $60,000 based on the blighted condition of the house and other buildings on the property. Since then, the property has been surveyed, contents removed from all buildings, asbestos and other special materials abated, and water and sewer services disconnected. Demolition proposals were requested from contractors on June 3 and are due June 17. A list of proposals received and the staff recommendation will be placed on the dais at the June 18 meeting. The name of the selected contractor will be written into the attached resolution before it is signed after the meeting. REQUESTED ED A ACTION Select a demolition contractor and adopt the attached resolution. Anticipated next steps: •W ell sealing in late June or early July •Demolition window is July 5-26 •EDA to consider lot sale RFP on July 16 •Lot sale and construction start fall 2024 •Construction complete spring 2025 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2024 - 02 A RESOLUTION APPROVING A DEMOLITION CONTRACT FOR 6110 LAKELAND AVENUE NORTH WHEREAS, the Economic Development Authority of the City of Crystal (“the EDA”) is the owner of 6110 Lakeland Avenue North (“the Property”); and. WHEREAS, the EDA has previously determined that the buildings on the Property are in a blighted condition and Property should be redeveloped for new residential construction; and WHEREAS, the EDA has solicited proposals from demolition contractors to remove the existing buildings and prepare the lot for redevelopment. NOW, THEREFORE, BE IT RESOLVED that the EDA accepts the demolition proposal from _______________________________________ and authorizes the President and Executive Director to execute any documents required to proceed with this demolition. Adopted this 18th day of June, 2024. ________________________________ Taji Onesirosan, President ________________________________ Adam R. Bell, Executive Director