PROPOSED AGENDA CITY COUNCIL ADJOURNED MEETING CITY HALL 23 SECOND STREET NORTHEAST WATERTOWN, SOUTH DAKOTA

Monday, March 17, 2014 6:30 PM Call to Order Pledge of Allegiance Roll Call

1. Approval of consent agenda a. Approval of the minutes of the Council meetings held on March 3, 2014 b. Mayor’s appointment of Russ Wilkins, Beth Mantey and Dan Albertsen as City Council representatives to serve on the 2014 consolidated Board of Equalization c. Approval of the 2014 maintenance contract with Motorola for the E-911 center consoles in the amount of $14,737.68 budgeted in the E-911 Fund 2. Approval of agenda 3. Update on the 2013 activities of the Watertown Development Company and capital campaign (Resolution 14-08) 4. Resolution No. 14-09 Authorize the City of Watertown to perform all acts necessary to complete the construction of a Multi-Use Facility within and for the City of Watertown. 5. Second reading of Ordinance No. 14-09 amending zoning district boundaries by rezoning a portion of Smedley’s Subdivision from R-1 Single Family Residential District to R-3 Multi-Family Residential District a. Public hearing b. Council action 6. Second reading of Ordinance No. 14-10 amending zoning district boundaries by rezoning a portion of Golf View Estates from R-1 Single Family Residential District to R- 2 Single Family Attached Residential District a. Public hearing b. Council action 7. Second reading of Ordinance No. 14-11 amending sections 21.1001, 21.6301, and 21.90 of the Revised Ordinances of the city of Watertown for the City of Watertown a. Public hearing b. Council action 8. Second reading of Ordinance No. 14-12 amending section 21.0201 and 21.0202 of the Revised Ordinances of the City of Watertown for the City of Watertown a. Public hearing b. Council action 9. First reading of Ordinance No. 14-02 deleting Title 10 Fire Prevention and Protection adopting in its entirety and replacing it with a new Title 10 Fire Prevention and Protecting within and for the City of Watertown 10. Authorization for Mayor to sign Bridge Inspection Program to choose a consulting engineer for bridge inspections (Resolution No. 14-07) 11. Authorization to declare 2 Ford Crown Victoria police vehicles as surplus and donate to LATI 12. Authorization for Police Department to receive a surplus armored car from the Rochester Armored Car Company 13. Authorization for Mayor to an agreement to lease City property to Steve Wess 14. Authorization for Mayor to sign contract for engineering services with Houston Engineering Inc. for the design of new landfill scale in the amount of $21,810 15. Authorization for Mayor to sign contract for engineering services with HDR Engineering for the design of an Alkalinity Storage and Feed Adjustment System in the amount of $57,707 16. Consideration of Change Order No. 1 (final) to the contract with Houston Engineering Inc. for the Landfill D Cell #5 Project (-$7,364.29) 17. Authorization to advertise for bids for the 11th Street North Project 18. Consideration of bids for the 2014 Sidewalk Accessibility Improvement Project 19. Authorization for City Attorney to seek an Attorney General’s opinion on the extent of Watertown’s extra territorial jurisdiction pursuant to SDCL 9-29-1 20. Old Business 21. New Business 22. Liaison member reports 23. Executive Session pursuant to SDCL 1-25-2 24. Motion to adjourn

Rochelle M. Ebbers, CPA Finance Officer The City of Watertown, South Dakota does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services. ADA Compliance: The City of Watertown fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.

OFFICIAL PROCEEDINGS CITY COUNCIL, CITY OF WATERTOWN, SOUTH DAKOTA March 3, 2014

The City Council met in regular session at 6:30 PM in the Council Chambers, City Hall, 23 2nd Street NE. President Bruce Buhler presiding. Present upon roll call: Aldermen Meisenheimer, Solum, Rieffenberger, Roby, Tupper, Wilkins, Albertsen and Alderwoman Mantey. Absent were Alderman Danforth and Mayor Steve Thorson.

Motion by Mantey, seconded by Tupper, to approve the following items on the consent agenda: minutes of the Council Meeting held on February 18, 2014; write-off of ambulance uncollectible accounts in the amount of $12,416.80 and approval of bills and payroll and authorization to pay. Motion carried.

BILLS: 2014 MIDWEST REGIONAL CONF DUES 200.00 LAWRENCE & SCHILLER, INC. SERVICE 2,650.00 A & B BUSINESS SOLUTIONS, SUPPLIES 48.26 LEANN STAVIG TRAINING 137.61 A-OX WELDING CO, INC. SUPPLIES 156.39 LEGGETTE BRASHEARS & GRAHA SERVICE 599.76 A1 PORTABLE TOILETS SERVICE 35.00 LEONARD JOHNSON REIMB 665.70 AASON ENGINEERING, INC. CONSTR 11,012.50 LES MILLS FEES 312.50 AAZK DUES 45.00 LINDA SCHLENKER REIMB 39.22 ABC LOCK & KEY SERVICE 65.00 M & T FIRE AND SAFETY SUPPLIES 113.77 ACTIVE HEATING, INC. SERVICE 779.83 MAC'S INC. EQUIP 484.61 ADVANCE AUTO PARTS SUPPLIES 1,091.27 MACKSTEEL WAREHOUSE INC. SUPPLIES 516.69 AECOM TECHNICAL SERVICES, SERVICE 20,220.34 MAHOWALD'S HARDWARE & RENT SUPPLIES 165.27 AGRI-TECH SUPPLIES 848.40 MARK & PATTI STROHFUS SERVICE 144.00 AIRCO INC. SERVICES 2,220.00 MARY REDLIN RENT 666.25 ALLEGIANT EMERGENCY SERVIC SUPPLIES 86.28 MATHESON TRI-GAS, INC. SUPPLIES 209.84 ALTERATIONS BY CARLA FEES 84.00 MEDICAL WASTE TRANSPORT, I SERVICE 96.53 AMERICAN ENGINEERING TESTI SERVICE 1,868.50 MENARD'S SUPPLIES 2,715.22 AMERICAN LEGION STATE HEAD SUPPLIES 23.00 MICHAEL SACKMANN REIMB 50.00 ANDOR INC. SERVICE 3,894.00 MICRO MARKETING ASSOCIATE SUPPLIES 351.77 AP AUTO PROS, INC. SERVICE 846.55 MIDCONTINENT COMMUNICATIO SERVICE 960.23 APPLIED INDUSTRIAL TECHNOL SUPPLIES 38.50 MIDWEST AG SUPPLY, L.L.C. SUPPLIES 36.00 ARAMARK UNIFORM SERVICES, SUPPLIES 389.37 MIDWEST ALARM COMPANY, INC SERVICE 78.75 ASSOCIATED SUPPLY COMPANY SUPPLIES 749.00 MIDWEST TAPE SUPPLIES 537.66 AT&T MOBILITY SERVICE 246.35 MIDWEST TURF & IRRIGATION SUPPLIES 1,322.25 AUTO BODY SPECIALTIES, INC PARTS 51.00 MIKE DANFORTH REIMB 139.49 AZA ACCREDITATION FEES 3,250.00 MILBANK COMMUNICATIONS, IN SUPPLIES 1,266.42 B & L TRUCKING SERVICE 8,780.00 MILLER ELECTRIC, INC. SERVICE 911.11 BAKER & TAYLOR SUPPLIES 6,333.28 MILLS & MILLER, INC. SUPPLIES 11,363.30 BANFIELD PET HOSPITAL SUPPLIES 68.00 MINERVAS RESTAURANT & BAR SERVICE 5,758.27 BANNER ASSOCIATES INC. CONSTR 13,842.00 MINNESOTA KNIFE SERVICE 111.00 BERN'S BLADING SERVICE 8,797.50 MOE OIL CO, INC. SUPPLIES 3,097.50 BORNS GROUP POSTAGE 1,535.00 MOVIE LICENSING USA SERVICE 505.00 BOUND TREE MEDICAL LLC SERVICE 2,561.07 MUNICIPAL UTILITIES SERVICE 149,523.62 BOWIE INDUSTRIES, INC. PARTS 211.09 MUTH ELECTRIC, INC. SERVICE 1,453.73 BRIAN'S GLASS INC. SERVICE 1,032.91 NADAGUIDES DUES 212.00 BRYAN WIENTJES REIMB 60.00 NB GOLF, LLC EQUIP 6,700.00 BULLET SPORTSWEAR AND GRAP SUPPLIES 341.00 NBS CALIBRATIONS SERVICE 369.00 BUREAU OF ADMINISTRATION SERVICE 124.96 NEVE'S UNIFORMS & EQUIPMEN SUPPLIES 199.45 CADD ENGINEER SUPPLY, INC. SUPPLIES 38.94 NORDEN WELDING & MACHINE SERVICE 93.61 CAREFUSION SUPPLIES 207.02 NORTH CENTRAL LABORATORIES SUPPLIES 307.64 CARQUEST AUTO PARTS PARTS 319.17 NORTHERN TRUCK EQUIPMENT C PARTS 2,018.77 CARTNEY BEARING CORPORATIO PARTS 103.04 OFFICE PEEPS, INC. SUPPLIES 5,762.34 CENTURY BUSINESS PRODUCTS SERVICE 248.38 OFFICEMAX CONTRACT INC. SUPPLIES 77.51 CENTURYLINK SERVICE 1,720.03 OVERDRIVE, INC. SUPPLIES 716.68 CENTURYLINK SERVICE 503.63 OVERHEAD DOOR CO INC. SERVICE 469.29 CENTURYLINK SERVICE 147.68 PEARSON GOLF MANAGEMENT,LL SERVICE 387.16 CENTURYLINK SERVICE 96.95 PENTAIR AQUATIC ECO-SYSTEM EQUIP 539.43 CENTURYLINK SERVICE 1,363.11 PEPSI FOOD 1,997.49 CHAD FISCHER TRAVEL 101.21 PERFORMANCE TOWING SERVICE 240.00 CHAD FOUST GOTV 720.00 PETS PLUS SUPPLIES 15.19 CHAD GAMBER TRAVEL 276.00 PHOENIX USA, INC. SUPPLIES 144.74 CHAD MCMILLAN REIMB 125.00 PHYSICIANS MUTUAL INSURANC REIMB 83.18 CHAD RAML SERVICE 4,537.50 PICKLEBALLCENTRAL.COM EQUIP 211.98 CHAPPELL CENTRAL, INC. SERVICE 348.50 PLAINS COMMERCE BANK FEES 10.00 CHEMCO, INC. SUPPLIES 145.66 POLICE PETTY CASH FUND CASH 192.19 CHIEF SUPPLY CORPORATION PARTS 205.56 POSTY CARDS SUPPLIES 41.50 CHUCK'S BIKE SHOP SUPPLIES 87.00 POWER PLAN OIB PARTS 118.57 CIVICPLUS TRAINING 6,600.00 POWER SYSTEMS SUPPLIES 131.66 CK TRUCK & TRAILER REPAIRS SERVICE 310.54 PRAIRIE LAKES HEALTHCARE SUPPLIES 49.53 CLASSROOM CONNECTION SUPPLIES 116.55 PRAIRIE LAKES HEALTHCARE S EQUIP 6,000.00 CNA SURETY SERVICE 50.00 PRINT EM NOW SERVICE 45.47 COCA COLA BOTTLING COMPANY FOOD 675.50 PRIORITY DISPATCH CORPORAT SERVICE 550.00 CODINGTON CLARK ELECTRIC C SERVICE 875.68 PRO LINE, INC. PARTS 44.72 CODINGTON CO CLERK OF COURTS FEES 20.53 PRO-BUILD SUPPLIES 5.28 CODINGTON CO REGISTER OF D DEED 216.00 PROGRESSIVE GIFTS & INCENT SUPPLIES 338.63 CODINGTON COUNTY HISTORICA SUBSIDY 10,000.00 PUSH-PEDAL-PULL EQUIP 6,824.00 CONNECTING POINT, INC. EQUIP 9,155.00 QUALITY BOOKS, INC. SUPPLIES 820.83 COTEAU SHOPPER SERVICE 520.39 RAMKOTA HOTEL TRAVEL 242.98 COUNTY FAIR FOODS FOOD 943.54 RC COMMUNICATIONS INC SERVICE 50.00 CRAIG KRUSE REIMB 60.00 RC SERVICES SERVICE 134.85 CREATIVE REWARDS & SPECIAL SERVICE 763.55 RECORDED BOOKS, LLC SUPPLIES 6,216.83 CRESENT ELECTRIC SUPPLY, C SUPPLIES 932.15 REDLINGER BROS INC. SERVICE 712.34 CRESTONE BUILDERS CONSTR 10,130.00 RENEE HENDRICKS-OLSON REIMB 300.00 CULLIGAN SERVICE 193.75 ROGER FOOTE TRAVEL 139.72 CYPHERWORX, INC. DUES 150.00 RON'S SAW SHOP SERVICE 183.42 DACOTAH PAPER COMPANY SUPPLIES 507.78 ROY'S SPORT SHOP INC. EQUIP 32,052.87 DAGWOOD'S SUBS FOOD 119.97 RUNNINGS FARM AND FLEET SUPPLIES 2,000.79 DAHLE TIRE COMPANY SUPPLIES 26.40 SAFETY KLEEN CORPORATION SERVICE 274.11 DAKOTA ELECTRONICS SERVICE 494.90 SANFORD USD MEDICAL CENTER SERVICE 900.00 DAKOTA FENCE CO, INC. PARTS 146.00 SANFORD WATERTOWN OCCUPATI SERVICE 149.00 DAKOTA PUMP & CONTROL CONT PARTS 3,790.00 SANITATION PRODUCTS INC. PARTS 857.28 DANKO EMERGENCY EQUIPMENT EQUIP 44,285.00 SCHAEFFER MFG CO. SUPPLIES 875.64 DATA TRUCK, LLC SERVICE 390.00 SCHOLASTIC INC. SUPPLIES 152.10 DAVIS EXCAVATING SERVICE 2,300.00 SCHUNEMAN EQUIPMENT CO. PARTS 284.66 DEIRDRE WHITMAN REIMB 180.50 SD ARBORIST ASSN. DUES 80.00 DEMCO, INC. SUPPLIES 411.82 SD DEPT OF ENVIRONMENT & N FEES 2,787.30 DENNIS ARNOLD REIMB 1,117.00 SD DEPT OF MOTOR VEHICLES SERVICE 20.00 DEPARTMENT OF LEGISLATIVE DUES 300.00 SD DEPT OF REVENUE SERVICE 333.00 DEUTSCH EXCAVATING SERVICE 4,301.25 SD DEPT OF TRANSPORTATION SERVICE 94.10 DEX EAST LLC SUPPLIES 288.00 SD EMERGENCY MANAGEMENT AS DUES 30.00 DIAMOND VOGEL PAINT CENTER SUPPLIES 41.93 SD GAME, FISH AND PARKS LICENSE 10.00 DIANE'S ENGRAVING & SIGNS SUPPLIES 6.50 SD PLANNER'S ASSN DUES 25.00 DON ROWLAND RIEMB 60.00 SD POLICE CHIEF'S ASSOCIAT DUES 150.00 DOUG KRANZ DUES 60.00 SD PUBLIC ASSURANCE ALLIAN RENTAL 150.00 DOUG'S AUTO REPAIR SERVICE 761.41 SD SHRM DUES 209.00 DUENWALD TRANSPORTION LLC SUPPLIES 800.00 SD STATE ARCHIVES SERVICE 115.20 DUGANS SALES & SERVICE INC PARTS 610.80 SDN COMMUNICATIONS FEES 1,224.00 ELECTRIC MOTORS & MOORE IN SERVICE 545.68 SERVICEMASTER OF WATERTOWN SERVICE 2,080.00 F J MC LAUGHLIN INC. CONSTR 9,444.94 SHEEHAN CYCLE INC. EQUIP 8,628.81 FARM FORUM CIRCULATION SUBSCR 32.00 SHEEHAN MACK SALES AND EQU EQUIP 570.07 FARNAM'S GENUINE PARTS PARTS 909.04 SHI INTERNATIONAL CORP. SUPPLIES 962.86 FASTENAL COMPANY SUPPLIES 212.68 SHOPKO SUPPLIES 459.66 FEDERAL EXPRESS CORPORATIO SHIPPING 26.06 SHRED-IT USA - SIOUX FALLS SERVICE 72.48 FEDERAL SIGNAL CORPORATION EQUIP 14,139.00 SIOUX RURAL WATER SYSTEM SERVICE 73.00 FILTER BELTS INC. PARTS 497.62 SIOUX VALLEY COOP SUPPLIES 61,336.11 FIREHOUSE SUPPLIES 1,000.00 SIRCHIE FINGER PRINT LABOR SUPPLIES 1,405.00 FIRST BANKCARD SUPPLIES 2,838.43 SKOLD SPECIALTY CONTRACTIN SUPPLIES 145.00 FIRST DAKOTA TITLE LAND 793,227.53 SLUMBERLAND FURNITURE, INC FURNITURE 1,819.95 FISHER SCIENTIFIC SUPPLIES 5,953.10 SODAK PEST CONTROL SERVICE 80.00 FREMONT INDUSTRIES, INC. SUPPLIES 1,748.40 SOUTH DAKOTA REDBOOK SUPPLIES 204.00 FRONTIER PRECISION INC. PARTS 73.30 SOUTH DAKOTA TRIATHLON ASS FEES 120.00 G & K SERVICES, INC. SERVICE 65.65 SPORTSMITH PARTS 29.94 G & L DISTRIBUTING, INC. SUPPLIES 222.80 STAR LAUNDRY & CLEANERS, I SERVICE 309.49 G & R CONTROLS, INC. SERVICE 592.86 STATE RADIO COMMUNICATIONS SERVICE 2,640.00 GAIAM AMERICAS, INC. SUPPLIES 1,466.16 STEIN'S INC. SUPPLIES 3,118.62 GALE SUPPLIES 334.36 STEVE THORSON TRAVEL 404.10 GALL'S INC. SUPPLIES 931.00 STEVE'S WORLD INC. SERVICE 2,481.46 GCR TIRE CENTERS SERVICE 2,017.58 STIMSON AUTO & SNOW REMOVA SERVICE 4,340.27 GLACIAL LAKES HUMANE SOCIE SUBSIDY 21,127.68 STIMSON CONSTRUCTION SERVICE 1,950.00 GLASS PRODUCTS INC. SERVICE 1,970.36 STROMSETH CONSTRUCTION SERVICE 5,080.00 GODFATHERS PIZZA FOOD 35.47 STURDEVANT'S AUTO PARTS IN SUPPLIES 1,802.66 GOLDEN RULE CREATIONS SUPPLIES 374.43 THE FORUM SERVICE 220.00 GOPHER SUPPLIES 52.40 THOMPSON PUBLISHING GROUP SUPPLIES 536.99 GOVERNOR'S INN TRAVEL 239.85 TIM LALIM REIMB 433.48 GRABAR VOICE & DATA, INC. EQUIP 2,802.00 TIMMERMAN WOODWORKING INC. FURNITURE 10,472.80 GRAINGER SUPPLIES 746.77 TITAN MACHINERY EQUIP 15,526.63 GRAY CONSTRUCTION CONSTR 141,431.40 TKE CORP SERVICE 331.12 GREGORY HALL TRAVEL 97.88 TLC MARINE/OUTDOOR POWER SUPPLIES 42.99 GRUBCO INC. SUPPLIES 75.56 TODD ARCHITECTS CONSTR 20,300.00 GUMDROP BOOKS SUPPLIES 421.60 TONY AAS TRAVEL 318.06 HAWKINS INC. SUPPLIES 5,933.50 TONY RIEFFENBERGER REIMB 73.11 HELMS & ASSOCIATES CONSTR 3,010.58 TRACTOR SUPPLY CO. SUPPLIES 25.71 HILLYARD / SIOUX FALLS SUPPLIES 1,696.26 TRANSPORTATION TECHNOLOGY DUES 14,073.00 HIPPIE RADIO 104.3 ADV 500.00 TRAV'S OUTFITTER, INC. SUPPLIES 373.93 HOMETOWN BULIDING CENTER, SUPPLIES 1,257.64 TRIPLE A BRAND MEAT CO. SUPPLIES 12,283.00 HOUSTON ENGINEERING, INC. CONSTR 27,507.50 TRITECH SOFTWARE SYSTEMS SERVICE 2,690.90 HUMAN SERVICE AGENCY SERVICE 150.00 TRUGREEN SUPPLIES 24.00 HURKES IMPLEMENT CO., INC. PARTS 269.97 TURFWERKS PARTS 3,477.36 HY VEE FOOD STORE FOOD 319.85 ULTRAMAX SUPPLIES 4,760.00 I A P E INC. SUPPLIES 46.90 UPS STORE SERVICE 143.75 INTERLAKES COMMUNITY ACTI CONTRIB 5,000.00 UTNE CONSTRUCTION SERVICE 1,415.10 INTERNATIONAL CODE COUNCIL SUPPLIES 70.00 VAN DIEST SUPPLY CO. EQUIP 9,600.00 ITC SERVICE 387.83 VANCO SERVICES,LLC FEES 6.50 J & B SCREENPRINTING INC. SUPPLIES 567.75 VEEDER'S BODY AND GLASS SH SERVICE 1,822.80 J & J EARTHWORKS, INC. CONSTR 4,134.50 VERIZON WIRELESS SERVICE 1,105.38 J H LARSON ELECTRICAL CO. SUPPLIES 484.48 WAL-MART COMMUNITY BRC SUPPLIES 853.69 JEFF'S VACUUM CENTER SERVICE 5.04 WATERTOWN AREA CHAMBER OF SUPPLES 100.00 JEFFERSON LINES SERVICE 54.80 WATERTOWN BOYS AND GIRLS O SUBSIDY 16,554.16 JIM'S EXCAVATING SERVIC 3,520.00 WATERTOWN BUSINESS DISTRIC SUBSIDY 12,038.40 JOHN GILMAN REIMB 88.95 WATERTOWN CONVENTION & VIS SUBSIDY 19,541.66 JON SOLUM TRAVEL 70.30 WATERTOWN DEVELOPMENT COMPANY LOAN 450,000.00 JURGENS PRINTING INC. SUPPLIES 52.00 WATERTOWN FORD PARTS 199.34 K & P PUMP REPAIRS AND CON PARTS 338.00 WATERTOWN PUBLIC OPINION SERVICE 6,001.36 KEN BUCHOLZ TRAVEL 858.50 WATERTOWN WHOLESALE SUPPLIES 294.30 KIXX ADV 225.00 WATERTOWN WINNELSON CO. PARTS 58.13 KPHR ADV 150.00 WATERTOWN'S FIRST CHOICE T TRAVEL 2,774.00 KSDR ADV 150.00 WELLMARK INC. FEES 4,374.40 KUSTOM SIGNALS, INC. EQUIP 2,493.00 WESTMAN FREIGHTLINER PARTS 138.62 KWAT ADV 225.00 WHEEL INN FOOD 13.79 KXLG ADV 550.00 WHEELCO TRUCK & TRAILER PA PARTS 1,072.78 L MARQUARDT ELECTRIC INC. SUPPLIES 4,721.10 WHITEWATER WEST INDUSTRIES SERVICE 28,348.70 LAFRAMBOISE CONSTRUCTION SERVICE 5,971.25 WILLIAMS CARPET INC. SERVICE 585.00 LAKE AREA / BIT SERVICE 292.88 WIMACTEL, INC. SERVICE 60.00 LAKE AREA VETERINARY CLINI SERVICE 256.42 WOW! SERVICE 184.80 LAKE AREA ZOOLOGICAL SOCIE REIMB 294.82 WW TIRE SERVICE INC. SERVICE 40.00 LAKE CITY FIRE EQUIPMENT, SERVICE 14.25 ZUERCHER TECHNOLOGIES LLC SERVICE 42,528.00 LANGUAGE LINE SERVICES, IN FEES 25.10

PAYROLL: Sal SS Pen Ins Sal SS Pen Ins Mayor/CC 15,633.99 1,086.38 97.28 1,066.75 Forestry 5,964.51 425.23 357.27 1,068.05 Attorney 10,298.07 766.72 617.88 738.04 Library 38,523.63 2,715.10 2,163.26 6,899.00 Finance 30,387.38 2,145.20 1,820.24 4,764.21 Building Serv. 16,107.56 1,120.09 911.18 3,854.95 Civil Serv 75.00 5.73 0.00 0.00 Park & Rec. 111,429.67 8,070.97 5,881.27 16,175.46 Info Tech 4,139.82 316.70 247.19 492.03 WRC 38,454.40 2,822.00 1,554.08 3,942.18 Engineer 33,482.22 2,450.77 2,000.67 4,104.21 E-911 44,476.71 3,180.04 2,667.40 9,279.40 Police 183,022.74 13,204.86 14,197.13 29,309.28 Urban Ren. 63.44 4.85 0.00 0.00 Fire 166,781.31 2,508.70 13,242.24 25,286.00 Upper Big Sioux 6,638.78 453.36 398.33 822.03 Street 45,544.84 3,772.41 3,150.22 8,865.82 Sewer 64,237.16 4,645.81 3,850.94 9,609.43 Snow Rem 6,998.69 0.00 0.00 0.00 Sanitation 66,451.88 4,753.24 3,983.83 11,084.23 Cemetery 7,959.29 558.48 473.64 1,314.06 Airport 9,801.27 654.66 576.02 1,644.06 Mosq. Control 0.00 0.00 0.00 0.00

Add'l 5.25 long L. Brinkman (Finance) R. Beynon, L. Marscheider (Eng) S. Hardie M. Jensen (Police) C. Fischer A. Heinrich C. Robinson (Fire) T. Eischens (Street) T. Swenson (Street) S. Block (Forestry) M. Drake-Miller (Zoo) R. Hoffman (Parks) L. Benthin D. Warrick (E-911) M. Boerger (Sewer) C. Biever (Landfill) Sal Inc WCRC L. Schwinger 10.00/h R. Evans 8.50/hr T. Lantgen 8.25/hr R. Fox 10.00/hr R. Sadergaski 9.50/hr R. Middleton 9.25/hr J. Duran 9.25/hr J. Pischke 9.00/hr B. Sullivan 9.00/hr R. Evans 9.75/hr W. Kennedy 8.50/hr C. Veach 11.00/hr P. Veeder 11.00/hr B. Gau 7.50/hr K. Konradi 11.00/hr V. Crow 8.00/hr K. Hemiller 9.25/hr A. Ronke 7.50/hr N. LaCroix 8.50/hr M. Engen 8.50/hr J. Larson 9.00/hr A. Kurkowski 8.25/hr Sal Inc Zoo D. Multhaup 7.50/hr M. Meyer 8.50/hr A. Jenson 8.50/hr E Flaherty 7.50/hr T. Brekke 12.00/hr V. Fuerstenau 7.50/hr J. Giessing 12.00/hr A. Johnson 8.50/hr A. McInroy 8.00/hr M. Raasch 11.50/hr M. Vener 7.50/hr R. Willprecht 8.00/hr Sal Inc Police J. Schmidt 14.08/hr Sal Inc Sewer G. Goble 3,179.00/mo Sal Inc P&R S. Jurgens 18.00/game

New Hires WCRC M. Bogner 9.00/hr

Motion by Rieffenberger, seconded by Solum, to approve the agenda as presented. Motion carried.

The Urban Renewal District 2013 Annual Report of Finances and Activities was presented. No action was taken.

This being the time scheduled for the public hearing on a new retail (on-off sale) malt beverage license to Allure Salon & Menz Grooming Lounge, LLC, d/b/a Allure Salon & Menz Grooming Lounge, 112 1st Ave. NW, Lots 5-7, Blk 6, Original Plat; the Council President called for public comment. Hearing no comment from the public, motion by Meisenheimer, seconded by Wilkins, to approve the license as presented. Motion carried.

Ordinance No. 14-08 amending Section 7.0302 regulating committee procedures within and for the City of Watertown was placed on its second reading and the title was read. There was an amendment made to the Ordinance adding the following: “Council members will exercise their best efforts to ensure a physical quorum at all Council meetings. Pursuant to the authority vested in the City of Watertown under SDCL §9-19-13; the City Council has declared this ordinance to be necessary for the immediate preservation of the public peace, health, safety, or support of the municipal government and its existing public institutions, and it shall therefore take effect immediately upon its passage on March 3, 2014.” Motion by Rieffenberger, seconded by Tupper, to approve Ordinance No. 14-08 as amended. Motion carried.

Ordinance No. 14-09 amending zoning district boundaries by rezoning a portion of Smedley’s subdivision from R-1 Single Family Residential District to R-3 Multi-Family Residential District was placed on its first reading and the title was read. No action was taken.

Ordinance No. 14-10 amending zoning district boundaries by rezoning a portion of Gulf View Estates from R-1 Single Family Residential to R-2 Single Family Attached Residential District was placed on its first reading and the title was read. No action was taken.

Ordinance No. 14-11 amending Sections 21.1001, 21.6301, and 21.90 of the Revised Ordinances of the City of Watertown for the City of Watertown was placed on its first reading and the title was read. No action was taken.

Ordinance No. 14-12 amending Sections 21.0201 and 21.0202 of the Revised Ordinances of the City of Watertown for the City of Watertown was placed on its first reading and the title was read. No action taken.

Finance Officer Rochelle Ebbers presented the City Council with the preliminary 2013 City Financial Report. No action taken.

Motion by Tupper, seconded by Wilkins, to approve the Storm Water Phase 2 program as presented. Motion carried.

Motion by Albertsen, seconded by Solum, authorizing the Mayor to sign the 2013 MS4 Annual Report to DENR. Motion carried.

Motion by Solum, seconded by Mantey, to amend the engineering services contract with Aason Engineering for design of Round About for 11st St. NE and 14th Ave N increasing the contract amount $7,000.00. Motion carried.

Motion by Rieffenberger, seconded by Meisenheimer, to convene in executive session for the purpose of discussing pending litigation. Motion carried.

Motion by Tupper, seconded by Solum, to reconvene in open session. Motion carried.

Motion by Rieffenberger, seconded by Mantey, to adjourn until 6:30 PM on March 17, 2014. Motion carried.

The City of Watertown, South Dakota does not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in employment or the provision of service.

Dated at Watertown, South Dakota, the 3rd day of March, 2014.

ATTEST:

______Rochelle Ebbers, CPA Steve Thorson Finance Officer Mayor

SERVICES AGREEMENT

Attn: National Service Support/4th fl Contract Number: S00001021141 1301 East Algonquin Road Contract Modifier: RN01-JAN-14 00:49:14 (800) 247-2346

Date: 03/04/2014

Company Name: Watertown Police Department Required P.O.: No Attn: Customer # : 1000224444 Billing Address: 128 N Maple Bill to Tag # : 0001 City, State, Zip: Watertown,SD,57201 Contract Start Date: 04/01/2014 Customer Contact: Contract End Date: 03/31/2015 Phone: Anniversary Day: Mar 31st Payment Cycle: ANNUAL PO # :

QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED EXT AMT ***** Recurring Services ***** SVC01SVC1101C INFRASTRUCTURE REPAIR WITH ADV REPL $306.75 $3,681.00 1 SVC060AD ASTRO25 DISPATCH SITE 4 SVC062AD ASTRO25 OPERATOR POSITIONS SVC01SVC1102C DISPATCH SERVICE $23.23 $278.76 1 SVC084AD ASTRO25 DISPATCH SITE SVC01SVC1103C NETWORK MONITORING $165.75 $1,989.00 1 SVC049AD ASTRO25 DISPATCH SITE SVC01SVC1104C TECHNICAL SUPPORT $59.34 $712.08 1 SVC040AD ASTRO25 DISPATCH SITE SVC01SVC1410C ONSITE INFRASTRUCTURE $673.07 $8,076.84 RESPONSE-STANDARD 1 SVC093AD ASTRO25 DISPATCH SITE 4 SVC095AD ASTRO25 OPERATOR POSITIONS

SPECIAL INSTRUCTIONS - ATTACH Subtotal - Recurring Services $1,228.14 $14,737.68 STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal - One-Time Event Services $ .00 $ .00 Total $1,228.14 $14,737.68 Taxes - - Grand Total $1,228.14 $14,737.68 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA.

Subcontractor(s) City State MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL MOTOROLA SYSTEM SUPPORT SCHAUMBU IL CENTER-NETWORK MGMT DO067 RG MOTOROLA SYSTEM SUPPORT CTR-CALL SCHAUMBU IL CENTER DO066 RG MOTOROLA SYSTEM SCHAUMBU IL SUPPORT-TECHNICAL SUPPORT DO068 RG MILBANK COMMUNICATION INC Milbank SD I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference.

x AUTHORIZED CUSTOMER SIGNATURE TITLE DATE

CUSTOMER (PRINT NAME)

Customer Support Manager 3/4/2014 MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE

Gary Ledin 952-979-1418 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE

Company Name: Watertown Police Department Contract Number: S00001021141 Contract Modifier: RN01-JAN-14 00:49:14 Contract Start Date: 04/01/2014 Contract End Date: 03/31/2015

Service Terms and Conditions

Motorola Solutions Inc.("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows:

Section 1. APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement.

Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise.

2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement.

2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement.

Section 3. ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement.

Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for the services.

4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed.

4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires.

4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice.

4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments.

4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment.

4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement.

Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium.

Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge,a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement,the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services,Customer agrees to reimburse Motorola for those charges and expenses.

Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola.

Section 8. PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity.

Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party.

10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services.

Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account.This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision.

Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order,acknowledgement, or other writing is signed by authorized representatives of both parties.

Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement.

13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data.

13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement.

Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters

Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law

Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction.

Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect.

17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed

17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.

17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God.

17.5. Motorola may subcontract any of the work,but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"),whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event

17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates.

17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. Revised Jan 1, 2010

Statement of Work Prepared For :

WATERTOWN POLICE DEPARTMENT

128 N MAPLE

WATERTOWN, SD 57201 Statement of Work Definitions 1.0 Definitions These defined terms might not apply to every Statement of Work. Capitalized terms below and not otherwise defined within the Statement of Work, or in the Communications System Agreement or other applicable agreement (collectively, ''Agreement'') have the following meanings: 1.1. Box Unit Test: Unit is tested in a fixture that simulates the functions for which it was designed, engineered, or manufactured to insure that it meets manufacturer specifications. 1.2. Case: Electronic tracking document for requests for service through the System Support Center. 1.3. Case Status: Identifier of the status of a Case from beginning to end. 1.4. Component(s): Motorola new or refurbished parts of equal quality. 1.5. Configuration Change Support: A change in a user-defined parameter, which may include a change in the placement of a dispatch console talkgroup window. Fleet mapping is not included in Configuration Change Support. 1.6. Connectivity: Establishment of remote access to the System via dial up or fixed dedicated links. 1.7. Continuously/Continuous: Seven (7) days per week, twenty-four (24) hours a day, including holidays. 1.8. Customer: The end-user Customer as identified in the Agreement. 1.9. Customer Support Plan: A document mutually developed by Motorola and the Customer that provides information about the Customer and the System and describes the specific processes by which Motorola will deliver and the Customer will receive the services described in this Statement of Work. 1.10. Elements: Those device types present on the Customer's System whose status may be communicated to the SSC. 1.11. Equipment: The equipment specified in the Equipment List as set forth in the Agreement, including any additions to the Equipment List during the Warranty Period. 1.12. Enhanced System Support (ESS) Period: The 12 month period commencing at the start of the Warranty Period for Equipment and Software as defined by the Agreement. 1.13. Event: An alarm or informational notification received by Motorola through the Network Management tools. 1.14. Feature: A Software functionality 1.15. Federal Technical Center: A Motorola facility located in Lanham, Maryland, the purpose of which is to serve as Motorola's centralized location for radio repair for United States Federal Government Customers. 1.16. Firmware: Software in object code form that is implanted or embedded in hardware. 1.17. FRU: Field Replaceable Unit, typically a board or module, contained within the Infrastructure. 1.18. Infrastructure: The fixed Equipment excluding mobiles, portables, and accessories. 1.19. Infrastructure Depot Operations (IDO): A Motorola facility, which serves as Motorola's centralized location for infrastructure repair. 1.20. Loaner: Infrastructure that is owned by Motorola and serves as a temporary replacement while the Customer's Infrastructure is being repaired. 1.21. Maintenance: The process for determining the cause of Equipment failure, removing, repairing, or replacing Components necessary to conform the Equipment with the manufacturer's specifications along with system-specific specifications, delivering and reinstalling the Components,, and placing the Equipment back into operation. 1.22. MCNS: Mission Critical Network Services 1.23. Motorola Software: Software whose copyright is owned by Motorola or its affiliated company 1.24. Non-Motorola Software: Software whose copyright is owned by a party other than Motorola or its affiliated company. 1.25. Notification: The point in time when the Customer contacts Motorola and requests service. 1.26. Optional Feature: An additional Feature issued with a System Release that is available to Customer at additional cost. 1.27. Radio Support Center (RSC): A Motorola facility which serves as Motorola's centralized location for radio repair. 1.28. Response: The event when a technician, a remote systems technologist or a remote network specialist begins actively to work on the technical issue, remotely or on-site, as determined by Motorola. 1.29. Restore/Restoration/Restoral: The effort required to bring Equipment to the level for which it was designed, engineered and adjusted for performance in accordance with the manufacturer's published specifications, although such Equipment may not necessarily be malfunctioning. 1.30. Servicer: A Motorola Authorized Service Station or Motorola Field Service personnel. 1.31. Severity Level: The degree of adverse impact of an issue or Event. 1.32. Software: The software furnished with the System, including any Motorola Software and Non-Motorola Software. 1.33. Software License Agreement: The agreement or portion of an agreement pursuant to which Motorola licenses Software to Customer, including System Releases. 1.34. Special Product Feature: A Feature that is specially developed for Customer and which contains a functionality that is unique to Customer. 1.35. Standard Business Day: Monday through Friday, 8:30 a.m. to 4:30 p.m., local time, excluding Motorola holidays. 1.36. Standard Feature: A software functionality for components of Customer's System that is available to Customer in the standard software release 1.37. Start Date: Effective start date as listed on the Agreement. 1.38. System: The communications system as defined in the Communications System Agreement or other applicable Agreement. 1.39. System Acceptance: Unless otherwise defined in the Communications System Agreement, the date upon which Motorola has successfully completed all of the System Tests as described in the acceptance test plan. 1.40. System Support Center (SSC): A Motorola facility which serves as Motorola's centralized system support facility to compliment the field support resources 1.41. System Release: One software version release on a particular platform. ASTRO 25 6.3 example is where 6 is the platform indicator and .3 is software version release indicator. 1.42. System Test: Unit is tested in a Motorola manufactured system of similar type from which the unit was designed to test all functionality of the unit to insure that it meets manufacturer specifications. 1.43. Systemic: A recurring Software or hardware defect that significantly affects the operation of the System. 1.44. Technical Support Operations (TSO): A centralized telephone support help desk that provides technical support for Motorola customers who have purchased products from Motorola (Networks & Enterprise) or who have a contract for technical support services. 1.45. Vendor: Any manufacturer (other than Motorola) or third party that services or repairs Infrastructure or subscriber equipment 1.46. Verification:Contacting the appropriate designated person to verify the System is operational (original problem resolved) and closing the Case. 1.47. Work-around: A change in the followed procedures or data supplied by Vendor to avoid error without substantially impairing use of the Equipment. 1.48. Work Flow: A step-by-step process including instruction or direction for routing, handling, and processing information at a given agency. Definitions Approved by Motorola Contracts & Compliance 10-31-2006

Statement of Work Network Monitoring, OnSite Infrastructure Response and Dispatch Service Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response services to the Customer. These services are applicable only for the following system types: ASTRO®, ASTRO® 25, ARC 4000, SmartZone®/OmniLink® v2.0.3 and higher, SmartNet®, Private Data (with a wireless network gateway) v2.0.3 and higher, and Harmony® Wireless Communications System. The terms of this Statement of Work (SOW) are an integral part of the Motorola Service Terms and Conditions or other applicable Agreement(s) with the Customer to which this SOW is appended and made a part thereof by this reference. 1.0 Description of Services Network Monitoring is a service designed to electronically monitor Elements of a Communication System for Events, as set forth in the Monitored Elements Table. When the Motorola System Support Center (SSC) detects an Event, trained technologists acknowledge and remotely diagnose the Event and initiate an appropriate response per the customer profile. Appropriate responses could include, but are not limited to, continuing to monitor the Event for further development transferring the Event to Technical Support, or opening a Case for dispatch of a Servicer. If dispatched, the Servicer will respond at the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the On-Site Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site Servicer until System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to close through an automated Case tracking process. 2.0 Motorola Responsibilities: 2.1 Provide dedicated Connectivity through a private network connection necessary for monitoring ASTRO and ASTRO25, SmartZone/ OmniLink, Private Data, and Harmony Wireless Communications network types.The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 2.2 If determined necessary by Motorola, provide Motorola owned equipment for monitoring ASTRO and ASTRO 25 System elements. If Motorola installs or replaces Motorola owned equipment, the type equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. 2.3 If determined necessary by Motorola, provide Motorola owned equipment for monitoring SmartNet System elements. If Motorola installs or replaces Motorola owned equipment, the type of equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. 2.4 Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. 2.5 Continuously receive data from Customer monitored System and Customer initiated service requests. 2.6 Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1 2.7 Create a Case as necessary when service requests are received. Gather information to perform the following: 2.7.1 Characterize the issue 2.7.2 Determine a plan of action 2.7.3 Assign and track the Case to resolution. 2.8 Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case information collected in section 2.7 2.9 Ensure the required personnel have access to Customer information as needed. 2.10 Disable and enable System devices, as necessary, for Servicers. 2.11 Servicer will perform the following on-site: 2.11.1 Run diagnostics on the Infrastructure or FRU. 2.11.2 Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.11.3 Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.11.4 If a third party Vendor is needed to restore the System, the Servicer may accompany that Vendor onto the Customer's premises. 2.12 Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification preference described in the Customer Support Plan required by section 3.5. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.13 Escalate the Case to the appropriate party upon expiration of a Response time. 2.14 Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.15 Notify Customer of Case Status, as described in the Customer Support Plan required be section 3.5 at the following Case levels 2.15.1 Open and closed; or 2.15.2 Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed. 2.16 Provide the following reports, as applicable: 2.16.1 Case activity reports to Customer. 2.16.2 Network Monitoring Service reports for Customer System(s). 2.16.3 Network Activity/Availability Reports for ASTRO25, SmartZone/ OmniLink, and Private Data Systems only. 2.17 Respond in accordance to pre-defined Response times upon receipt from Customer of Customer managed passwords required for proper access to the Customer's System. 2.18 Apply additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters. 3.0 Customer Responsibilities: 3.1 Allow Motorola Continuous remote access to obtain System availability and performance data. 3.2 Allow Motorola to access System if firewall has been installed; provide permanent/dedicated access for SNMP traps (outbound) and ZDS polling (inbound). Also provide continuous utility service to any Motorola equipment installed or utilized at Customer's premises to support delivery of the Service. 3.3 Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET System types. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.4 Unless otherwise specified, Motorola recommends a private network connection for all other Systems. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.5 Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.5.1 Case notification preferences and procedure 3.5.2 Repair Verification Preference and procedure 3.5.3 Database and escalation procedure forms. 3.5.4 Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.6 Provide the following information when initiating a service request: 3.6.1 Assigned System ID number 3.6.2 Problem description and site location 3.6.2 Other pertinent information requested by Motorola to open a Case. 3.7 Notify the System Support Center when Customer performs any activity that impacts the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.) 3.8 Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote service is not possible. 3.9 Allow Servicers access to remove Motorola owned monitoring equipment upon cancellation of service. 3.10 Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.12.2 3.11 Maintain and store in an easy accessible location any and all Software needed to Restore the System. 3.12 Maintain and store in an easily accessible location proper System backups. 3.13 Verify with the SSC that Restoration is complete or System is functional, if required by the Repair Verification Preference provided by Customer in accordance with section 3.5. 3.14 Pay additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters 3.15 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW. Severity Definitions Table

Severity Level Problem Types Severity 1 1. Response is provided Continuously 2. Major System failure 3. 33% of System down 4. 33% of Site channels down 5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC. 6. This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 1. Response during Standard Business Day 2. Significant System Impairment not to exceed 33% of system down 3. System problems presently being monitored 4. This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity 3 1. Response during Standard Business Day 2. Intermittent system issues 3. Information questions 4. Upgrades/preventative maintenance 5. This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades.

On-Site Response Time Table (Customer's Response Time Classification is designated in the Service Agreement). Severity Level Standard Restoral Off Deferral Response Time Severity 1 Within 4 hours from receipt of Notification 8 Hours Time provided Continuously by Servicer * Severity 2 Within 4 hours from receipt of Notification 8 Hours Time provided Standard Business Day by Servicer * Severity 3 Within 24 hours from receipt of Notification 48 Hours Time provided Standard Business Day by Servicer * · Please note these are Standard Commitment times. The commitment times should be based on the Customers Support Plan. · Provide update before the specific contractual commitments come due. * Note: Provide update to System Support Center before Deferral time comes due. Appendix 1 Connectivity Matrix System Type Connectivity Responsibility Astro 25 T1 Motorola SmartZone/OmniLink v3.5 and below 256K Motorola SmartZone/OmniLink v4 and above 512K Motorola Private Data 256K Motorola ARC 4000 T1 or VPN Motorola MESH T1 or VPN Motorola Harmony T1 Motorola MotoBridge T1 or VPN Motorola SmartNet Dial-up Customer

Private Network Connection Public Internet Connection IP VPN IP VPN (All Customers) (Option Available only to Customers outside of the US) Standard solution for real time Connectivity Non Standard solution for Connectivity Dedicated bandwidth configuration provided to No dedicated bandwidth provided to monitor monitor Customers Customers Protected from unauthorized intrusion Low risk of unauthorized intrusion Encryption available Encryption is required Connectivity available through Motorola Customer provides Connectivity to the internet via an internet service provider selected by Customer.

Motorola Owned & Supplied Equipment Table Equipment Type Location Installed Firewall/Router Master Site System Support Server Master Site for each Zone Monitored Elements Table (Listed by technology) System Type Equipment ASTRO 25 (release 7.0 and higher) Packet Routing Network; Zone Controllers; Database Server; SECURITY ELEMENTS FullVision Server; UEM Server; Zone Statistical Server; Air Traffic Monitoring and managing Security Router; System Statistics Server; User Configuration Server; Packet Elements is dependent on Customer Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite purchasing and Core Security Gateway (MGEG); AEB; CEB; Conventional Channel Gateway Management Server as Equipment (CCGW); Core, Exit, Gateway, Peripheral, Border, and Site routers, HP with the Customer System Switches master, prime, console (MCC7500) and repeater sites switches, GGSN; CWR

MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Site Power, Microwave)

Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations); Intelli Site Repeater RF Site (Site Controllers, Stations). The SMARTX box is a transparent box that connects the legacy equipment to ASTRO core. The SMARTX box is not part of the monitored elements.

DOES NOT INCLUDE MONITORING OF ANY MOSCAD ALARM POINTS THAT DO NOT DIRECTLY IMPACT THE PERFORMANCE OF THE RADIO NETWORK. DOES NOT INCLUDE MONITORING OF ANYTHING OUTSIDE OF THE RADIO NETWORK UNLESS SPECIFICALLY STATED

If Motorola Security Monitoring service is purchased - Core Security Management Server, Intrusion Detection Sensor, Firewall, Anti-virus Application, Servicer Authentication, Centralized Logging Server ASTRO 25 (release 6.3 ? 6.9) Nortel; Packet Routing Network; Zone Controllers; Database Server; SECURITY ELEMENTS FullVision Server; Zone Statistical Server; Air Traffic Router; System Monitoring and managing Security Statistics Server; User Configuration Server; Packet Data Gateway Elements is dependent on Customer Server; PBX; Interconnect Server; Motorola Gold Elite Gateway purchasing and Core Security (MGEG); AEB; CEB; ARCADACS Cross Connect Switch; Simulcast Management Server as Equipment with the Customer System RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations);Intelli Site Repeater RF Site (Site Controllers, Stations); MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Site Power, Microwave) DOES NOT INCLUDE MONITORING OF ANY MOSCAD ALARM POINTS THAT DO NOT DIRECTLY IMPACT THE PERFORMANCE OF THE RADIO NETWORK. DOES NOT INCLUDE MONITORING OF ANYTHING OUTSIDE OF THE RADIO NETWORK UNLESS SPECIFICALLY STATED

If Motorola Security Monitoring service is purchased - Core Security Management Server, Intrusion Detection Sensor, Firewall, Anti-virus Application, Servicer Authentication, Centralized Logging Server ASTRO 25 6.0 - 6.2 Nortel; Packet Routing Network; Zone Controllers; Database Server; FullVision Server; Zone Statistical Server; Air Traffic Router; System Statistics Server; User Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway (MGEG); AEB; CEB; ARCADACS Cross Connect Switch; Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations);Intelli Site Repeater RF Site (Site Controllers, Stations); MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Environmental Alarms, Microwave) Astro LE Site Controllers; Environmental Alarms; Channel Banks

Legal Approval September 2010 Statement of Work Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this reference. Customer's System type determines which exhibit is applicable (i.e. SmartZone system exhibit, SmartNet system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure with similar Infrastructure, when possible. When available, Motorola will provide Customer with an Advanced Replacement unit(s) or FRU(s) in exchange for Customer's malfunctioning FRU(s). Non-standard configurations, Customer-modified Infrastructure and certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s) will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair. In cases where Advanced Replacement is not available or when a Customer requires the exact serial number to be returned, a FRU may be available on a Loaner basis. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Use commercially reasonable efforts to maintain an inventory of FRU. 2.2 Provide new or reconditioned units as FRU to Customer or Servicer, upon request and subject to availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the Customer's malfunctioning Infrastructure. 2.3 Program FRU to original operating parameters based on templates provided by Customer as required in Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.4 Properly package and ship Advanced Replacement FRU from IDO's FRU inventory to Customer specified address. 2.4.1 During normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/ or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 2.4.2 When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become property of IDO and the Customer will own the Advanced replacement FRU. 2.4.3 When sending a Loaner FRU to Customer, IDO will not provide a return air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU. 2.5 Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6 Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.7 Perform the following service on Motorola Infrastructure: 2.7.1 Perform an operational check on the Infrastructure to determine the nature of the problem. 2.7.2 Replace malfunctioning FRU or Components. 2.7.3 Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.7.4 Perform a Box Unit Test on all serviced Infrastructure. 2.7.5 Perform a System Test on select Infrastructure. 2.8 Provide the following service on select third party Infrastructure: 2.8.1 Perform pre-diagnostic and repair services to confirm Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 2.8.2 Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service, when applicable. 2.8.3 Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.8.4 Perform a post-test after repair by Motorola, original equipment manufacturer, or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.9 Re-program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. If IDO determines that the malfunctioning Infrastructure is due to a Software defect, IDO reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. 2.10 Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an IDO FRU. Motorola will return Customer's FRU(s) to IDO's FRU inventory, upon completion of repair. 2.11 Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth in 2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 3.0 Customer has the following responsibilities: 3.1 Contact or instruct Servicer to contact the Motorola System Support Center (SSC) and request an Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all non- Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1 Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. 3.1.2 Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3 Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Infrastructure being sent in for service. 3.1.4 Provide Customer purchase order number to secure payment for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2.4.1. 3.3 Within five (5) days of receipt of the Advanced Replacement FRU from IDO's FRU inventory, properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDO for evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above back to IDO in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 3.4 If received, Customer must properly package and ship Loaner FRU back to IDO within five (5) days of receipt of Customer's repaired FRU. 3.5 Maintain templates of Software/applications and Firmware for reloading of Infrastructure as set forth in paragraph 2.3 and 2.9. 3.6 For Digital In-Car Video Infrastructure, remove video from equipment prior to sending Infrastructure in for repair. Video retrieval is a separate service and is not included as part of this SOW. Additional services and fee applies. 3.7 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. 4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure Repair with Advanced Replacement: 1. All Infrastructure over seven (7) years from product cancellation date. 2. All Broadband/WiNS Infrastructure three (3) years from product cancellation date. 3. Physically damaged Infrastructure. 4. Third party Equipment not shipped by Motorola. 5. Consumable items including, but not limited to batteries, connectors, cables, tone/ink cartridges. 6. Video retrieval from Digital In-Car Video equipment 7. Test equipment. 8. Racks, furniture and cabinets. 9. Firmware and/or Software upgrades.

ASTRO® 25 Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines Backhaul Includes PTP (Point-to-Point Wireless) PTP 49600 and PTP 800 licensed series Excludes all other PTP technologies Base Station(s) and Repeater(s) Includes Quantar, MTR3000, STR3000, GTR8000, GTR8000 HPD, IntelliRepeater, Network Management (Please refer to the SOW for details) is not available on all stations. Quantar high power booster power amplifier, power supply and control board Excludes Fan Modules, Dual Circulator Tray, Site RMC Tray Central Electronics Bank(s) Includes Logging Recorder Interface and Network Hub Excludes all other technologies see SOW specifically for NICE logging recorders Channel Bank(s) Includes Premisys , Telco, IMACS models 600, 800 . Excludes Siemens Comparator(s) Includes Spectratac, Digitac, and ASTRO-tac 9600, ASTRO-tac 3000, GMC8000, Comparators. Computer(s)/Workstations/Modems Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including Systemwatch II, PT800 tablet HP x1100, HPx2100, HP xw4000-4600, HPz400, HP VL600, HP VL800, HPz400, ML850 laptop, MW810, ML900 laptop, ML910 laptop, Compaq XW4000. Includes keyboards, mice, trackballs. Excludes all other laptop and desktop computer technologies and all 286, 386, 486 computers; defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention, Console(s) Includes Centracom Gold Elite, MCC7500, MCC5500, MIP5000, VPM, as part of complete communication System ? including headset jacks, dual footswitches, and gooseneck microphones. Excludes cables Controller - trunking Includes SmartNet II prime and remote controllers, MTC3600, GCP8000, Site Controller PSC9600, CSC7000, MTC9600, MZC3600, MZC5000 (Includes Netra240 & T5220). Excludes SSMT and SCMS controllers. CD ROM Drive, Fan Tray Dictaphones and Recording Equipment Excludes all types and models. Digital Interface Unit(s) Included Digital Signaling Modem(s) Included upon modem model availability Digital Voice Modem(s) Included upon modem model availability Embassy Switch Includes AEB, AIMI, ZAMBI, AMB Firewalls Includes Nortel Alteon ASF5105, 5106, Juniper SS520, ISSG140, SSG5, ISG1000C, ISG2000 Intrusion Detector Includes Proventia 201 Linux IDSS, Proventia CX4002C ISSI Gateway Includes T5220 Sun server Solaris 10 OS Links Includes PTP 49600 and 800 licensed series Logging Recorder Excludes all technologies see SOW specifically for NICE logging recorders Management Terminals Includes computers (Pentium I, II, III, IV) that directly interface with or control the communications System, including Systemwatch II. Excludes laptop computers and all 286, 386, 486 computers. MBEX(s) or NOVA Interconnect Included Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All Equipment must be shipped to IDO. Excludes any on-site services. Monitor(s) Includes all Motorola certified monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel displays image retention, as well as monitors that were not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. Motobridge Included Moscad Includes NFM (Network Fault Management), as part of communication System only, RTU, SDM Site Manager RTU. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Includes FSA4000. Excludes all other fire alarming systems. Astro25 Infrastructure Repair con't Inclusions, Exclusions, Exceptions and Notes Network Fault Management Includes Full Vision, Unified Event Manager Excludes NMC Gateway Includes PDG:CPX8216, IVD & HPD PDG on HP DL360, MOTOBRIDGE Printer(s) Includes printers that directly interface with the communications system. RAS(s) Excludes RAS 1100, 1101 and 1102 Receiver(s) Includes Quantar, MTR2000 and ASTRO-TAC, GPW8000, GTR8000, GTR8000 HPD Receivers. Excludes Fan Modules, Dual Circulator Tray, Site RMC Tray Routers Includes GGM8000, ST5500, ST5598, S2500-S6000 Servers Includes Netra 240, Netra T5220, cPCI, HP DL360, HP ML370, HP ML110, HP ML530, HP TC2110, 2120 HP InfoVista Server. IR8000 series, LX4000 series, Intel Server TSRL-T2, TIGPR2U, Proventia 201 Linux IDSS, Proventia GX4002C,Trak9100. Network Management Server includes cPCI Chassis, Power Supply, Fan Tray, Controller Hard Drive, CD ROM Drive, Tape Drive, CPU, Client PC?s, Core Security Management Server, Firewall Servers, Intrusion Detection Sensor Server. Excludes Dell Servers, Monitors, Memory Module 0182915Y02, Rear Fan RLN5352, Central Process Card 0182915Y01 Simulcast Distribution Amplifier(s) Included Site Frequency Standard(s) Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. Secure Includes KMF crypto card, end to end Cryptor for IVD PDEG Cryptr SMARTX Includes VPM Switch Includes Nortel Passport PBX,Cisco Catalyst 6509, HP 5308 LAN switch, HP ProCurve Switch 2524, 2650, 2626, HP3500, HP2610, 3Com PS40, SS1100 Telco PBX Includes Avaya Difinity PBX, S8300, S8500, Intel Server (ACSS), TSRLT2, TIGPR2U Terminal Servers Includes IR8000, LX4000S, LX4000T, Paradyne Universal Simulcast Controller Included Interface(s) UPS Systems Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes batteries and any on-site services. Workstation Included

SmartZone System Infrastructure Inclusions, Exclusions, Exceptions and Notes Exhibit Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines. Base Station(s) and Repeater(s) Includes: Quantar, Quantro, Digital, MTR2000 ONLY. Central Electronics Bank(s) Includes Logging Recorder, Interface and Network Hub Excludes all other technologies see SOW specifically for NICE logging recorders Channel Bank(s) Includes Premisys and Telco Excludes Siemens Comparator(s) Includes Spectratac, Digitac, and ASTRO-tac Comparators Computer(s) Includes computers (Pentium I, II, III, IV) that directly interface with or control the communications System, including Systemwatch II, keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers, defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Console(s) Includes Centracom Gold Elite, MCC7500, MCC5500, MIP5000 as part of complete communication System ? including headset jacks, dual footswitches, and gooseneck microphones. Excludes cables Controller(s) -Trunking Includes SmartNet II prime and remote controllers. Excludes SSMT and SCMS controllers. Dictaphones, Logging Recorders and Excludes all technologies Recording Equipment see SOW specifically for NICE logging recorders Digital Interface Unit(s) Included Digital Signaling Modem(s) Included upon modem model availability Digital Voice Modem(s) Included upon modem model availability Embassy Switch Includes AEB, AIMI, ZAMBI, AMB Management Terminals Includes computers (Pentium I, II, III, IV) that directly interface with or control the communications System, including Systemwatch II. Excludes laptop computers and all 286, 386, 486 computers. MBEX(s) or NOVA Interconnect Included Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All Equipment must be shipped to IDO. Excludes any on-site services. Monitor(s) Includes all Motorola certified monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel displays image retention as well as monitors that were not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. Moscad Includes NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Includes FSA4000. Excludes all other fire alarming systems. Motobridge Included Network Fault Management Includes Full Vision Excludes NMC Printer(s) Includes printers that directly interface with the communications System. RAS(s) Excludes RAS 1100, 1101 and 1102 Receiver(s) Includes Quantar and MTR2000, ASTRO-TAC Receivers Simulcast Distribution Amplifier(s) Included Site Frequency Standard(s) Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. Excludes MFS -Rubidium Standard Network Time and Frequency devices Universal Simulcast Controller Included Interface(s) UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes batteries and any on-site services. Zone Manager Excludes HP715/33, HP 715/50 servers. Excludes x-terminals NDS14C and NDS17C Zone Controller(s) Includes console terminals. Excludes all Sun/IMP hard drives except TLN3495A 0820 1 GB drive as well as the following SUN/IMP CPUSET?s: TLN3278B 0406, TLN3343A 0424 and TLN3278A 0181/0389.

Approved by Contract and Compliance 11/20/09 Motorola Solutions 1303 E. Algonquin Road, Schaumburg, IL 60196 U.S.A. Version 1.9 1/12/12 Statement of Work Technical Support Service 1.0 Description of Services The Technical Support service provides centralized remote telephone support for technical issues that require a high level of communications systems expertise or troubleshooting on Equipment. The Motorola System Support Center's (SSC) Technical Support Operation is staffed with technologists who specialize in the diagnosis and resolution of system performance issues. Technical Support Service (i) does not include software upgrades that may be required for issue resolution; and (ii) does not include Customer training (iii) is only available for those system types supported and approved by Technical Support Operations, (iv) limited to Infrastructure currently supported by Motorola. Technical Support is applicable to the following system types: ASTRO®, ASTRO® 25 , ARC 4000, SmartZone® v2.0.3 and higher, SmartZone®/OmniLink®, E911, Private Data v2.0.3 and higher, SmartNet®, Conventional Two-Way, and Wireless Broadband. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of operation problems in accordance with the response times set forth in the Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 2.1.1 If Infrastructure is no longer supported by Motorola, Technical Support will diagnosis the System but may not be able to resolve the issue without the Customer replacing the Infrastructure. 2.2. Advise caller of procedure for determining any additional requirements for issue characterization, Restoration, including providing a known fix for issue resolution when available. 2.3. Attempt remote access to System for remote diagnostics, when possible. 2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as needed. 2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed. 2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups, as applicable. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote access capability. 2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support services described in this SOW and notify Customer of an alternative course of action. 3.0 Customer has the following Responsibilities: 3.1. Provide Motorola with pre-defined information prior to Start Date necessary to complete Customer Support Plan. 3.1.1. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller, name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief description of the problem. 3.3. Supply on-site presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. 3.5. Allow Motorola remote access to the System by equipping the System with the necessary Connectivity. 3.6. Remove video from Digital In-Car Video equipment prior to contacting Motorola. If Technical Support assists the Customer in removing video, the Customer acknowledges, understands and agrees that Motorola does not guarantee or warrant that it will be able to extract any captured video or that any captured video will not be damaged, lost or corrupted. 3.7 Acknowledge that Cases will be handled in accordance with the times and priorities as defined in Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 3.8 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service to Customer. xSeverity Definitions Table Severity Level Problem Types Severity 1 1. Response is provided Continuously 2. Major System failure 3. 33% of System down 4. 33% of Site channels down 5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC. 6. This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 1. Response during Standard Business Day 2. Significant System Impairment not to exceed 33% of system down 3. System problems presently being monitored 4. This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity 3 1. Response during Standard Business Day 2. Intermittent system issues 3. Information questions 4. Upgrades/preventative maintenance 5. This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. Remote Technical Support Response Times Table SEVERITY RESPONSE Severity 1 Within 1 Hour from receipt of Notification, Continuously Severity 2 Within 4 Hours from receipt of Notification, Standard Business Day Severity 3 Within next Business Day, Standard Business Day Approved by Legal 11-20-09

RESOLUTION 14-08

WHEREAS the Watertown Development Company (WDC) has been working to bring quality jobs, encourage capital investment and promote the quality of life in the Watertown region for more than 50 years; and

WHEREAS the WDC has developed an aggressive five year plan, known as “Focus IV,” to attract new businesses, expand existing business, develop workforce development strategies and has identified and will work on quality of life issue in our region; and

WHEREAS the WDC has established a goal of raising $2,000,000 over the next 5 years to carry out this work; and

WHEREAS the WDC’s partnership with the City of Watertown allows the WDC to leverage three dollars for every dollar the city commits to from other private and public investors;

NOW, THEREFORE, BE IT RESOLVED, that the Watertown City Council has reviewed WDC’s Focus IV five year capital campaign and does hereby express its full support. The City of Watertown is committed to funding the first year at $100,000 and intends to continue that same level of financial support for each of the remaining four years of the Focus IV capital campaign.

Dated this ____ day of March, 2014.

CITY OF WATERTOWN

______Steve Thorson Mayor ATTEST:

______Rochelle M. Ebbers, CPA Finance Officer

(SEAL) RESOLUTION NO. 14-09

RESOLUTION TO AUTHORIZE THE CITY OF WATERTOWN TO PERFORM ALL ACTS NECESSARY TO COMPLETE THE CONSTRUCTION OF A MULTI-USE FACILITY WITHIN AND FOR THE CITY OF WATERTOWN

WHEREAS the City of Watertown was actively involved in the H20 20-20 Visioning Process which identified projects to improve the quality of life in Watertown; and

WHEREAS the project that received the most support through the H20 20-20 visioning process was the construction of additional flat floor space in conjunction with a new Multi-Use Facility; and

WHEREAS the City of Watertown has acquired land in anticipation of constructing a new Multi-Use Facility and has engaged JLG Architects of Alexandria Minnesota to complete a Schematic Design of the new Multi-Use Facility

NOW, THEREFORE, BE IT RESOLVED that the City of Watertown shall be and is hereby authorized to negotiate and enter into a professional services agreement with JLG Architects of Alexandria Minnesota to complete the design development and construction documents phases of the Multi-Use Facility to include facilitating the award of a construction contract to the lowest responsible bidder and overseeing the actual construction of the Multi-Use Facility with a total project cost amount not to exceed $24,000,000.00 (Twenty Four Million Dollars); and

BE IT FURTHER RESOLVED that the City of Watertown is hereby authorized to engage in all other additional administrative acts as that term is used under S.D.C.L. §9-20-19 to complete the construction of the Multi-Use Facility as described in the Schematic Design presented to the Watertown City Council by JLG Architects in November 2013.

Dated at Watertown, South Dakota, this 17th day of March 2014.

CITY OF WATERTOWN

______Steve Thorson Mayor ATTEST:

______Rochelle M. Ebbers, CPA Finance Officer (SEAL)

Request for City Council Action

TO: City Council THROUGH: Steve Thorson, Mayor FROM: Jeff Brink, Planner/Engineer II MEETING DATES: March 3, 2014 and March 17, 2014 SUBJECT: Smedley’s Subdivision – Rezone

Petitioner: Joel Willette a registered agent for Willette Enterprises LLC, Owner of the property Background: Petitioner requests his property be rezoned from R-1 Single Family Residential District to R-3 Multi-Family Residential District. Facts: 1. Adjacent Zoning Designation: • R-3 Multi-Family Residential District east, south, and west. • R-1 Single Family Residential District north and west

2. Minimum Lot Requirements: R-1 R-3 a. Min. Lot Area: 9,000 sf 2,500 sf per unit b. Min. Lot Width: 75 ft 100 ft c. Min. Front Yard: 25 ft 30 ft d. Min. Side Yard: 9 ft 10 ft e. Min. Rear Yard: 25 ft 25 ft 3. Nonconformities a. Due to the parcels unique shape, it does not have the required minimum R-1 or R-3 front yard off of Highland Boulevard.

Recommendation: Plan Commission approved this rezone Action: City Council decision on Ordinance 14 – 09

History: 01/21/14 Petition received 02/20/14 Plan Commission Public Hearing 03/03/14 City Council – First Reading Future: 03/17/14 City Council – Second Reading and Public Hearing 03/22/14 Published – if Approved 04/11/14 Effective

ORDINANCE 14-09

An Ordinance Amending Zoning District Boundaries by Rezoning a portion of Smedley’s Subdivision from R-1 Single Family Residential District to R-3 Multi-Family Residential District

BE IT ORDAINED by the City of Watertown, upon examination of the Petition to Change Zoning by owner, Joel Willette, a registered agent of Willette Enterprises LLC, of the real property legally described as:

Lots 17 – 20 and less Lot H1 Smedley’s Subdivision

and based on the report and recommendation of the City Plan Commission in its Resolution 2014-04, that the property listed above be, and is hereby, rezoned from the existing designation of R-1 Single Family Residential District, pursuant to Watertown Revised Ordinance §21.14 to R-3 Multi-Family Residential District pursuant to Watertown Revised Ordinance §21.20, BE IT FURTHER ORDAINED that the new zoning designation referenced above be extended and applied to the centerline of the adjacent public right-of-ways.

BE IT FURTHER ORDAINED that the zoning map of the City of Watertown be so amended.

The above and foregoing Ordinance was moved for adoption by Alderperson ______, seconded by Alderperson ______, and upon voice vote motion carried, whereupon the Mayor declared the Ordinance duly passed and adopted.

I certify that Ordinance 14-09 was published in the Watertown Public Opinion, the official newspaper of said City, on the ___day of ______, 2014.

Rochelle M. Ebbers, CPA First Reading: Second Reading: Published: Effective:

City of Watertown Attest:

______Steve Thorson Rochelle M. Ebbers, CPA Mayor Finance Officer

Vicinity Map 0 100 200 Feet Rezone from R1 to R3 / 1 inch = 200 feet 1144 3 ST NE 1145 3 ST NE

1136 3 ST NE E 1137 3 ST N 1

1

1

1

1200 2 ST NE 1128 3 ST NE 4

S

ST NE T 1131 3

N

E 1120 4 ST NE 1122 3 ST NE Foursquare Church 1123 3 ST NE 1114 3 ST NE

1 1 1

1 E

3 N 1100 N MAPLE S T T

Proposed RezoneS

N

E 4

2 E 3 N 20 0 E N 2 AV E 1

H H 1 T I 3 11 G 4 D H LA R N T D B LV S D H D M 11TH AVE NE

T

S S A

N

T R3 T P R1 5 2 ST NE 1 104 0 E

L 3 N N 9 E E ST N 1040 4 ST NE 1040 2 4 E 1 2 ST NE E S 104 T

S ST NE 1035 3 N

T 032 2 ST NE E 1037 2 ST NE 1

N 1026 2 ST NE 1023 3 ST NE 1025 2 ST NE

1022 2 ST NE 1021 3 ST NE 1021 2 ST NE 1016 3 ST NE 1016 2 ST NE 1017 3 ST NE 1015 2 ST NE 1010 2 ST NE R3

10TH AVE NE 922 4 ST NE 917 3 ST NE

Request for City Council Action

TO: City Council THROUGH: Steve Thorson, Mayor FROM: Jeff Brink, Planner/Engineer II MEETING DATES: March 3, 2014 and March 17, 2014 SUBJECT: Golf View Estates – Rezone

Petitioner: Wayne Meester President of Golf View Estates, Owner of the property Background: Petitioner requests his property be rezoned from R-1 Single Family Residential District to R-2 Single Family Attached Residential District. Facts: 1. Adjacent Zoning Designation: • AG County Agricultural Land south. • R-1 Single Family Residential District north and east. • R-2 Single Family Attached Residential District north, east, and west.

2. Minimum Lot Requirements: R-3 R-2 a. Min. Lot Area: 9,000 sf 10,000 sf b. Min. Lot Width: 75 ft 85 ft c. Min. Front Yard: 25 ft 25 ft

d. Min. Side Yard: 9 ft 9 ft e. Min. Rear Yard: 25 ft 25 ft 3. Nonconformities: a. There are no nonconformities with any of the lot requirements.

Recommendation: Plan Commission Approved rezoning three of the five lots petitioned Action: City Council decision on Ordinance 14 – 10

History: 01/31/14 Petition received 02/20/14 Plan Commission Public Hearing 03/03/14 City Council – First Reading Future: 03/17/14 City Council – Second Reading and Public Hearing 03/22/14 Published – if Approved 04/11/14 Effective

ORDINANCE 14-10

An Ordinance Amending Zoning District Boundaries by Rezoning a portion of Golf View Estates from R-1 Single Family Residential District to R-2 Single Family Attached Residential District

BE IT ORDAINED by the City of Watertown, upon examination of the Petition to Change Zoning by owner, Wayne Meester, President of Golf View Estates , of the real property legally described as:

All that part of Block 2 of the plat entitled: “Golf Course Addition to the Municipality of Watertown” as shown on the attached Exhibit “A” also described as: “Lots 11 thru 14 Block 2 and Lot 33 Block 1 Golf View Estates Addition to the Municipality of Watertown, in the County of Codington, South Dakota”

and based on the report and recommendation of the City Plan Commission in its Resolution 2014-10, that the property listed above be, and is hereby, rezoned from the existing designation of R-1 Single Family Residential District, pursuant to Watertown Revised Ordinance §21.14 to R-2 Single Family Attached Residential District pursuant to Watertown Revised Ordinance §21.16, BE IT FURTHER ORDAINED that the new zoning designation referenced above be extended and applied to the centerline of the adjacent public right-of-ways.

BE IT FURTHER ORDAINED that the zoning map of the City of Watertown be so amended.

The above and foregoing Ordinance was moved for adoption by Alderperson ______, seconded by Alderperson ______, and upon voice vote motion carried, whereupon the Mayor declared the Ordinance duly passed and adopted.

I certify that Ordinance 14-10 was published in the Watertown Public Opinion, the official newspaper of said City, on the ___day of ______, 2014.

Rochelle M. Ebbers, CPA First Reading: Second Reading: Published: Effective: City of Watertown Attest:

______Steve Thorson Rochelle M. Ebbers, CPA Mayor Finance Officer

Request for City Council Action

To: City Council Through: Steve Thorson, Mayor From: Jeff Brink, Engineer II / Planner Meeting Dates: March 3, 2014 and March 17, 2014 Subject: Ordinance change amending criteria for apartments

Background: The city of Watertown has been approached by developers to change the criteria for apartments in the current ordinance book to reflect how other communities’ ordinances are written. Ordinances have been previously drafted by City Staff and been reviewed by both the Plan Commission and City Council. The Current draft is the most up to date draft with changes being made due to the requests and suggestions from both the City Council and Plan Commission. Facts: code sections 21.1001, 21.6301, and 21.90 of the revised ordinances of the city of Watertown are proposed to be revised to alter the requirements for apartments 21.1001: RESIDENTIAL HEIGHT AND PLACEMENT REGULATIONS 1. General Requirements. Except as otherwise specifically provided in this ordinance, no development, use or structure shall exceed the limits specified below. Minimum Minimum Maximum Minimum Minimum Minimum Minimum Residential Required Required Overall Density Lot Area Required Required Districts Front Side Yard Height b (SF/d.u.) a (SF) Lot Width Rear Yard Yard R1 Single Family 9,000 9,000 75' 25' 9' c, d 25' 35' Dwelling Unit R1 Single Family Corner 10,000 10,000 85' 25' 9' c, d 25' 35' Dwelling Unit Lots

R2A Single No New N/A 6,000 50' 25' c, d 25' 35' Family D.U. Dev.

R2 Two Family 2,500 10,000 85' 25' 9' c, d 25' 35' Dwelling Unit 0' to 9' c R2 Attached on non- Single Family 2,500 2,500/d.u. 85' 25' 25' 35' party wall Dwelling side R3 3 to 8 2,500 7,500 100' 30' 10' 25' 35' Dwelling Unit 1,300 f 1,300/d.u f, g 22,500 – R3 9 to 12 2,500 45' 30,000 125' 30' 15' 25' Dwelling Unit 1,300 f 55’ 1,300/d.u f, g R3 Over 12 2,500 32,500+ 45' 150' 30' 15' 25' Dwelling Unit 1,300 f 1,300/d.u f, g 55’ R4 Manuf. 7,500 7,500 50' 25' 6’ 15' 20' Homes R4 Manuf. 7,500 7,500 50' 25' 6’ 15' 20' Homes

a d.u. - dwelling unit b Except where in conflict with aviation restrictions, the following structures or parts thereof are exempt from the height limitations set forth in the zoning districts: barn, silo, chimney, smokestack, spire, flagpole, ventilator, derrick, conveyor, cooling tower, and necessary mechanical appurtenances to the permitted or conditional uses of the districts in which they are located, provided that they are not used for human occupancy. (Ord 06-31; Rev 1-25-07) c The required side yard will increase to ten (10) feet when the building is three (3) stories in height or more. d Where any parcel is seventy five (75) feet or more in width, the required side yard shall be a minimum of nine (9) feet, or more as specified in the table above. Lot(s) of Record recorded prior to 1-1-05 that are less than seventy five (75) feet in width, shall observe a minimum required side yard equal to ten percent (10%) of the lot width, but not less than six (6) feet. e not eligible for 10% side yard reduction. (Ord 13-09; Added 5-10-13) f Square footage requirements shall be calculated based on the number of bedrooms per dwelling unit Number of bedrooms/dwelling unit Square footage of lot required/dwelling unit 1 1300 2 1700 3 2100 4 2500 g The maximum allowable amount of lot coverage shall be 80%

21.6301: MINIMUM OFF-STREET PARKING REQUIREMENTS (ALL DISTRICTS*)

Use Number of Spaces 1. Single family dwelling 2/dwelling unit 2. Multiple-family dwelling 1/bedroom 1-1/2/dwelling unit unless the dwelling unit shall have 3 bedrooms or more in which event there shall be 2 spaces per dwelling unit (1 for 3 for elderly). (E-563-1) 3. Office 1/250 sq. ft. gross floor area 4. General Industrial 1/350 sq. ft. gross floor area 5. Warehousing 1/1000 sq. ft. gross floor area 6. Community commercial 5/1000 sq. ft. gross floor area 7. Restaurants, lounges, arenas, theaters, assembly halls 1/3 seats 8. Churches 1/3 seats in largest assembly room 9. Highway service commercial 8/1000 sq. ft. gross floor area 10. Gasoline stations 3/bay plus 1/employee on duty 11. Hotels, motels 1/guest room plus 1/employee 12. Automotive car wash 3/wash stall 13. Nursing & board care homes 1/4 beds plus 1/2 employee and 1/staff doctor 14. Bed & Breakfast 1 space per room and 2 spaces for owner

* C-1 District shall be exempt from off-street parking requirements

Chapter 21.90 DEFINITIONS

Family: one or more persons related by blood, marriage or adoption, including foster children, or a group of not more than three persons, unless in the R3 district in which event a group of not more than four (4) persons is allowed, some or all of whom are not related by blood, marriage or adoption, living together and maintaining a common household dwelling unit. Sororities, fraternities or other similar group dwellings are not included in this definition. (E-535-1)

Recommendation: Plan Commission approved this ordinance change Action: City Council decision on Ordinance 14 – 11

History: 11/21/13 Plan Commission discussion 12/19/13 Plan Commission Public Hearing 01/06/14 City Council – First Reading 01/21/14 City Council – Second Reading and Public Hearing – Failed and move back to Plan Commission 01/23/14 Plan Commission Discussion 02/20/14 Plan Commission Public Hearing 03/03/14 City Council – First Reading Future: 03/17/14 City Council – Second Reading and Public Hearing 03/22/14 Published – if Approved 04/11/14 Effective

ORDINANCE 14-11

AN ORDINANCE AMENDING SECTIONS 21.1001, 21.6301, AND 21.90 OF THE REVISED ORDINANCES OF THE CITY OF WATERTOWN FOR THE CITY OF WATERTOWN.

BE IT ORDAINED by the City of Watertown, South Dakota that Chapter 21.1001 of the Revised Ordinances of the City of Watertown as follows:

21.1001: RESIDENTIAL HEIGHT AND PLACEMENT REGULATIONS 1. General Requirements. Except as otherwise specifically provided in this ordinance, no development, use or structure shall exceed the limits specified below. Minimum Minimum Maximum Minimum Minimum Minimum Minimum Residential Required Required Overall Density Lot Area Required Required Districts Front Side Yard Height b (SF/d.u.) a (SF) Lot Width Rear Yard Yard R1 Single Family 9,000 9,000 75' 25' 9' c, d 25' 35' Dwelling Unit R1 Single Family Corner 10,000 10,000 85' 25' 9' c, d 25' 35' Dwelling Unit Lots

R2A Single No New N/A 6,000 50' 25' c, d 25' 35' Family D.U. Dev.

R2 Two Family 2,500 10,000 85' 25' 9' c, d 25' 35' Dwelling Unit 0' to 9' c R2 Attached on non- Single Family 2,500 2,500/d.u. 85' 25' 25' 35' party wall Dwelling side R3 3 to 8 2,500 7,500 100' 30' 10' 25' 35' Dwelling Unit 1,300 f 1,300/d.u f, g 22,500 – R3 9 to 12 2,500 45' 30,000 125' 30' 15' 25' Dwelling Unit 1,300 f 55’ 1,300/d.u f, g R3 Over 12 2,500 32,500+ 45' 150' 30' 15' 25' Dwelling Unit 1,300 f 1,300/d.u f, g 55’ R4 Manuf. 7,500 7,500 50' 25' 6’ 15' 20' Homes R4 Manuf. 7,500 7,500 50' 25' 6’ 15' 20' Homes a d.u. - dwelling unit b Except where in conflict with aviation restrictions, the following structures or parts thereof are exempt from the height limitations set forth in the zoning districts: barn, silo, chimney, smokestack, spire, flagpole, ventilator, derrick, conveyor, cooling tower, and necessary mechanical appurtenances to the permitted or conditional uses of the districts in which they are located, provided that they are not used for human occupancy. (Ord 06-31; Rev 1-25-07) c The required side yard will increase to ten (10) feet when the building is three (3) stories in height or more. d Where any parcel is seventy five (75) feet or more in width, the required side yard shall be a minimum of nine (9) feet, or more as specified in the table above. Lot(s) of Record recorded prior to 1-1-05 that are less than seventy five (75) feet in width, shall observe a minimum required side yard equal to ten percent (10%) of the lot width, but not less than six (6) feet. e not eligible for 10% side yard reduction. (Ord 13-09; Added 5-10-13) f Square footage requirements shall be calculated based on the number of bedrooms per dwelling unit Number of bedrooms/dwelling unit Square footage of lot required/dwelling unit 1 1300 2 1700 3 2100 4 2500 g The maximum allowable amount of lot coverage surface shall be 80%

BE IT FURTHER ORDAINED by the City of Watertown, South Dakota, that Chapter 21.6301 of the Revised Ordinances of the City of Watertown be modified as follows:

21.6301: MINIMUM OFF-STREET PARKING REQUIREMENTS (ALL DISTRICTS*)

Use Number of Spaces 1. Single family dwelling 2/dwelling unit 2. Multiple-family dwelling 1-1/2/dwelling unit unless the dwelling unit shall have 3 bedrooms or more in which event there shall be 2 spaces per dwelling unit (1 for 3 for elderly). (E-563-1) 1/bedroom 3. Office 1/250 sq. ft. gross floor area 4. General Industrial 1/350 sq. ft. gross floor area 5. Warehousing 1/1000 sq. ft. gross floor area 6. Community commercial 5/1000 sq. ft. gross floor area 7. Restaurants, lounges, arenas, theaters, assembly halls 1/3 seats 8. Churches 1/3 seats in largest assembly room 9. Highway service commercial 8/1000 sq. ft. gross floor area 10. Gasoline stations 3/bay plus 1/employee on duty 11. Hotels, motels 1/guest room plus 1/employee 12. Automotive car wash 3/wash stall 13. Nursing & board care homes 1/4 beds plus 1/2 employee and 1/staff doctor 14. Bed & Breakfast 1 space per room and 2 spaces for owner

* C-1 District shall be exempt from off-street parking requirements

BE IT FURTHER ORDAINED by the City of Watertown, South Dakota, that Chapter 21.90 of the Revised Ordinances of the City of Watertown be modified as follows:

Chapter 21.90 DEFINITIONS

Family: one or more persons related by blood, marriage or adoption, including foster children, or a group of not more than three persons, unless in the R3 district in which event a group of not more than four (4) persons is allowed, some or all of whom are not related by blood, marriage or adoption, living together and maintaining a common household dwelling unit. Sororities, fraternities or other similar group dwellings are not included in this definition. (E-535-1)

The above and foregoing Ordinance was moved for adoption by Alderperson ______, seconded by Alderperson ______, and upon voice vote motion carried, whereupon the Mayor declared the Ordinance duly passed and adopted.

I certify that Ordinance 14-11 was published in the Watertown Public Opinion, the official newspaper of said City, on the ___ day of ______, 2014.

Rochelle M. Ebbers, CPA First Reading: Second Reading: Published: Effective: City of Watertown Attest:

______Steve Thorson Rochelle M. Ebbers, CPA Mayor Finance Officer

Request for City Council Action

TO: City Council THROUGH: Steve Thorson, Mayor FROM: Jeff Brink, Planner/Engineer II MEETING DATES: March 3, 2014 and March 17, 2014 SUBJECT: Plan Commission and Board of Adjustment Meeting Attendance

Background: The City of Watertown would like to revise the Ordinance Book to allow members of the Plan Commission and the Board of Adjustment the ability to attend meetings electronically. In the past there have been times when members could not attend a meeting because they were out of town. This change would allow members who were otherwise unable to attend the ability to participate in meetings.

21.0201 Plan Commission Meeting Attendance. The majority of the membership of this corporation shall constitute a quorum for the transaction of business. A Member shall be deemed present at a meeting if, upon the taking of the roll, they appear in person or participate in the meeting telephonically or other electronic means approved by the membership. A quorum may be established by any combination of members present, in person, or participating telephonically or by other electronic means.

21.0202 Board of Adjustment Meeting Attendance. At least two-thirds (2/3) of the Board members shall constitute a quorum for the transaction of business. A member shall be deemed present at a meeting if, upon the taking of the roll, they appear in person or participate in the meeting telephonically or other electronic means approved by the membership. A quorum may be established by any combination of members present, in person, or participating telephonically or by other electronic means.

Benefits: 1. Allows the opportunity for more members to be present at each meeting 2. More likely to be able to form a quorum 3. More members able to voice their opinion 4. More members able to vote on each topic 5. Allows the board members the ability to utilize technology. Recommendation: Plan Commission passed the ordinance change allowing members to attend meetings electronically.

Action: City Council decision on Ordinance 14 – 12

History: 02/20/14 Plan Commission Public Hearing 03/03/14 City Council – First Reading Future: 03/17/14 City Council – Second Reading and Public Hearing 03/22/14 Published – if approved 04/11/14 Effective

ORDINANCE 14-12

AN ORDINANCE AMENDING SECTION 21.0201 AND 21.0202 OF THE REVISED ORDINANCES OF THE CITY OF WATERTOWN FOR THE CITY OF WATERTOWN.

BE IT ORDAINED by the City of Watertown, South Dakota that Chapter 21.0201 of the Revised Ordinances of the City of Watertown as follows: 21.0201: PLAN COMMISSION 1. City Plan Commission Created. There is hereby created a Plan Commission for the City of Watertown, South Dakota, and for land within three (3) miles of its corporate limits. 2. Membership of the Plan Commission. The Plan Commission shall consist of seven (7) members appointed by the Mayor subject to the approval of the City Council. It is recommended that each ward of the City is represented on the Plan Commission, but in no instance shall there be more than three (3) Plan Commission members from a single City ward. The members of this Plan Commission shall be resident electors of the City qualified by knowledge or experience to act in matters pertaining to the development and administration of the city plan who shall not hold any elective office in the municipal government. The Mayor may appoint a City Council person to serve as a non-voting liaison to the Plan Commission. Administrative officials of the City may be appointed as ex-officio members of the Commission by the Mayor. 3. Terms of Members. The term of each member of the Plan Commission shall be for three (3) years, except that when such Plan Commission is first appointed three members shall be appointed to serve a term of two (2) years and two members shall be appointed for a term of three (3) years. Thereafter appointment of each member shall be for three (3) years so that there will be an overlapping of tenures. (Ord 01-14; Rev 10-20-01) 4. Compensation. All members of the Plan Commission shall serve as such without compensation. 5. Organizations, Rules, Staff and Finances. Such Plan Commission shall elect its chairman from among its members for a term of one year with eligibility for reelection, and may fill such other of its offices as it may create in a manner prescribed by the rules of such Commission. The Commission shall hold at least one regular meeting each month and shall adopt rules for transaction of its business and keep a record of its resolutions, transactions, findings and determinations which shall be a public record. The Plan Commission may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion and removal shall be subject to the same provisions of law, including Civil Service Regulations as govern other corresponding civil employees of the municipality. The Commission may also contract with city planners, engineers, architects and other consultants for such services as it may require. The expenditures of the Commission, exclusive of those made from funds received by gift, shall be within the amount appropriated for the purpose by the City Council which shall provide the funds, equipment and accommodations necessary for the Commission's work. 6. Meeting Attendance. The majority of the membership of this corporation shall constitute a quorum for the transaction of business. A Member shall be deemed present at a meeting if, upon the taking of the roll, they appear in person or participate in the meeting telephonically or other electronic means approved by the membership. A quorum may be established by any combination of members present, in person, or participating telephonically or by other electronic means.

BE IT FURTHER ORDAINED by the City of Watertown, South Dakota that Chapter 21.0202 of the Revised Ordinances of the City of Watertown as follows:

21.0202: BOARD OF ADJUSTMENT 1. Establishment and Procedure. The Board of Adjustment is hereby established, which shall consist of the entire membership of the Plan Commission whose appointment as such Board of Adjustment is provided for under SDCL §11-4-13, and all acts amendatory thereto. The Mayor, subject to the approval of the City Council, shall appoint two (2) alternates to the Board of Adjustment. If a member of the Board of Adjustment is unable to attend a meeting, the first alternate, or the second alternate, in turn, shall serve in the members place. a. Proceedings of the Board of Adjustment. The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or the chairman’s designee, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and shall be immediately filed in the office of the Finance Officer. b. Meeting Attendance. At least two-thirds (2/3) of the Board members shall constitute a quorum for the transaction of business. A member shall be deemed present at a meeting if, upon the taking of the roll, they appear in person or participate in the meeting telephonically or other electronic means approved by the membership. A quorum may be established by any combination of members present, in person, or participating telephonically or by other electronic means. c. Hearings; Appeals; Notice. Appeals to the Board of Adjustment concerning interpretation or administration of this ordinance may be taken by any person aggrieved by any decision of the Building Official. Such appeals shall be taken within a reasonable time, not to exceed sixty (60) days or such lesser period as may be provided by the rules of the Board, by filing with the Building Official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Building Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. The Board of Adjustment shall fix a reasonable time for the hearing of appeal, give public notice in the official newspaper and not less than ten (10) days prior to such hearing, and provide written notice to the parties in interest, and decide the appeal within a reasonable time. At the hearing, any party may appear in person or by agent or attorney. d. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Building Official from whom the appeal is taken and on due cause shown. (98-6)

The above and foregoing Ordinance was moved for adoption by Alderperson ______, seconded by Alderperson ______, and upon voice vote motion carried, whereupon the Mayor declared the Ordinance duly passed and adopted.

I certify that Ordinance 14-12 was published in the Watertown Public Opinion, the official newspaper of said City, on the ___ day of ______, 2014.

Rochelle M. Ebbers, CPA

City of Watertown Attest:

______Steve Thorson Rochelle M. Ebbers, CPA Mayor Finance Officer

REVISED ORDINANCES – CITY OF WATERTOWN, SOUTH DAKOTA

ORDINANCE NO. 14-02

AN ORDINANCE DELETING TITLE 10 FIRE PREVENTION AND PROTECTION ADOPTING IN ITS ENTIRETY AND REPLACING IT WITH A NEW TITLE 10 FIRE PREVENTION AND PROTECTION WITHIN AND FOR THE CITY OF WATERTOWN

BE IT ORDAINED by the City of Watertown, South Dakota that Title 10 Fire Prevention and Protection Codes Adopted with Modifications of the Revised Ordinances of the City of Watertown be amended and the new Title 10 revised as follows:

TITLE 10

FIRE PREVENTION AND PROTECTION

Chapter 10.01 Fire Department 10.02 Fire Code and Prevention 10.04 Hazardous Materials 10.98 Cross-References 10.99 Punishment

REVISED ORDINANCES – CITY OF WATERTOWN, SOUTH DAKOTA

Chapter 10.01 FIRE DEPARTMENT Section 10.0101 Definitions 10.0102 Membership 10.0103 Appointment 10.0104 Salary 10.0105 Duties and Powers 10.0106 Require Aid 10.0107 Failure to Assist, Etc. 10.0108 Interfering 10.0109 Injuring Apparatus 10.0110 Reporting of Fires and Hazardous Material Spills 10.0111 User Fees for Emergency Responses

10.0101: DEFINITIONS Except where a contrary intention clearly appears, wherever the terms hereinafter set out are used in this chapter, they shall be construed to mean the following: Fire Services: Any deployment of fire fighting personnel and/or equipment to extinguish a fire or perform any preventive measures in an effort to protect equipment, life, or property in an area threatened by fire. It also includes the deployment of fire fighting personnel and/or equipment to provide fire suppression, hazardous material response, emergency medical services, and technical rescue. Fire Service Charge: Charge imposed by the City of Watertown to any property owner, occupant or invitee for receiving fire service. Fire Suppression: Any fire apparatus which has fire pump engaged to supply water and or fire suppressing agent to a hose line or monitor to extinguish a fire and or provide the application of foam. Fire Protection Contract: Contract between the City, and a township or entity for the City to provide fire service. Mutual Aid Agreement or Memorandum of Understanding: Agreement between the City of Watertowns Fire Department to provide Fire Services or assistance to the Fire Departments of other Towns, Townships, Counties, or State. Controlled Burns: Intentionally-ignited fire contained within a designated area. Burn Ban: Restriction on any burning for a period of time when climate conditions are dry in the County of Codington. This Ban is put into place by Codington County Commissioners when recommended by Emergency Management and or Fire Chiefs. A ban may also be imposed within the City limits of Watertown by the Mayor and Fire Chief. Prohibited Items to Burn: Items not allowed to burn include, but are not limited to: tires, rubber products, asbestos-containing material, hazardous material, styrofoam, plastics, petroleum-based products, treated wood, asphalt shingles, and other refuse.

10.0102: MEMBERSHIP 1. The Fire Department of this City shall consist of the chief and such other officers and members as may be required from time to time. Wherever in this title reference is made to the Chief, the reference is to the Chief of the Fire Department of this City. 2. Where dormitory type sleeping facilities are provided, each member who works a twenty four (24) hour shift shall be provided an adequate sleeping facility and bed.

10.0103: APPOINTMENT 1. The Chief shall be appointed by the Mayor by and with the consent of the City Council, and he shall hold his office for the term of his appointment unless sooner removed by the Mayor. 2. The Assistant Fire Chief shall be appointed by the Fire Chief and he shall hold office for the term of his appointment unless sooner removed by the Fire Chief.

REVISED ORDINANCES – CITY OF WATERTOWN, SOUTH DAKOTA

3. The Battalion Chief(s) shall be appointed by the Fire Chief and shall hold office for the appointed term unless sooner removed by the Fire Chief. 4. The Mayor, with the consent of the City Council, may appoint the same person to function as the Chief of Police and Chief of the Fire Department, and if so appointed and approved such person shall be designated as the Director of Public Safety. 5. When a Director of Public Safety shall have been appointed and approved all references in this title, or other titles, to Chief of Police or Fire Chief shall thereafter have reference to the Director of Public Safety.

10.0104: SALARY Compensation for service in the fire department shall be fixed and established by the City Council at the time of fixing of the salaries of other City officers.

10.0105: DUTIES AND POWERS 1. It shall be the duty of the Chief, or in his absence the Assistant Chief or the Battalion Chief, to take such measures as may be necessary upon the occasion of any fire in the limits of the C ity to extinguish the same, and for the protection of property may, by and with the advice and consent of the Mayor or of any two aldermen of said City present, order any building, pile of lumber or any other structure, pulled down, removed or destroyed, if the same may be necessary to prevent the spread of fire. 2. The Chief, or in his absence the Assistant Chief or the Battalion Chief, during the progress of any fire in said City, whenever in his judgment it becomes necessary to control the same, shall have the power to order any fence, building or erection of any kind to be cut down and removed. He shall also have power, with the consent of the Mayor or any alderman, to tear down any portion of any building that may be standing after a fire therein or thereby, which in his judgment may be dangerous to persons or property.

10.0106: REQUIRE AID The Chief, and in his absence the Assistant Chief or the Battalion Chief, shall have full power, control and command over all persons whomsoever at any fire or when fire services are provided, and shall have authority at such time to command such assistance from the inhabitants of the City present thereat, for the extinguishing of fire and the preservation of property exposed to fire and life safety events as may in his judgment be required.

10.0107: FAILURE TO ASSIST, ETC. It shall be unlawful for any person present at a fire to refuse upon the command of the Chief or his assistant to render such assistance as he may require; or to refuse to obey any lawful order of the officer in command; to insult, threaten, use abusive language toward or interfere with any personnel or officer of the fire department when on duty and engaged in suppressing a fire or providing any emergency services; or to without authority give any order, command or direction to any member of the fire department at such time.

10.0108: INTERFERING No person shall willfully hinder or interfere with any fireman or other City officer in the performance of his duties at, going to, or returning from any emergency response.

10.0109: INJURING APPARATUS It shall be unlawful for any person to drive any vehicle, motor vehicle, locomotive or train of cars over any hose belonging to the fire department, or in any manner to injure or interfere with any engine or apparatus belonging or pertaining to the fire department or to cut, deface, destroy or injure any of the property belonging to said department.

10.0110: REPORTING OF FIRES AND HAZARDOUS MATERIAL RELEASE Any Fire, Hazardous Material Release, Fire Alarm, Emergency Medical, and Technical Rescue shall be reported as soon as practically possible using 911 Dispatch which will activate Watertown Fire Rescue Response.

10.0111: USER FEES FOR EMERGENCY RESPONSES Parties are subject to users fees for emergency response.

REVISED ORDINANCES – CITY OF WATERTOWN, SOUTH DAKOTA

1. Owners of property within the City who receive fire service. 2. Owners of property in counties, townships or cities to which the City provides fire service pursuant to a fire protection contract. 3. Anyone who receives fire service as a result of fire within the City, counties, or townships that Fire Services are provided. 4. Any Person, City, Township, County who receives fire service in the area within the State of South Dakota when the All Hazard Team is deployed. 5. All user fees charged for emergency response service shall be set by City resolution.

10.0112: BILLING AND COLLECTION 1. Parties requesting and receiving fire services will be billed directly by the City of Watertown within 30 days of the fire service. Additionally, if the party receiving fire service did not request them but the fire department determined such fire service was needed, the party will be charged and billed. All parties will be billed whether or not the fire service is covered by insurance. Any billable amount of the fire charge not covered by a party’s insurance remains a debt of the party receiving the service. 2. Parties billed for fire service will have 30 days to pay. If the fire service charge is not paid by the due date on the invoice, it will be considered delinquent and the City will send a notice of delinquency including a non-payment penalty of 10%. A 10% penalty will continue to accrue on the account until the invoice is paid in full or is written-off and sent for further collection attempts. The City reserves the right to use all practical and reasonable legal means to collect the fire service charge. The party receiving fire service may be liable for all costs incurred by the City in securing payment on the debt including, but not limited to, reasonable attorney fees and court costs. 3. After 120 days of delinquency, the City Council may authorize, if applicable, the Finance Officer to certify all unpaid amounts to the County Treasurer for collection in the same manner as general property taxes. The City will give the property owner notice of its intent to certify the unpaid fire service charges prior to certification. 4. Automated alarms can be billed as a fire call after four false alarms have been responded to by the Fire Department per calendar year that runs January 1 to December 31. The fifth false alarm will be billed at the regular run rate for one engine listed as set by resolution. 5. When the City Fire Department provides fire service to another fire department pursuant to a Mutual Aid Agreement, the billing will be determined by the Mutual Aid Agreement. 6. When the City Fire Department provides fire service to another fire department pursuant to a Fire Protection Contract, the billing will be determined by the contract. 7. All collected fire charges will be City funds and used to offset the expenses of the City Fire Department in providing fire services.

REVISED ORDINANCES – CITY OF WATERTOWN, SOUTH DAKOTA

Chapter 10.02 FIRE CODE AND PREVENTION

Section 10.0201 Fire Prevention 10.0202 Adoption of the Fire Code and Life Safety Code 10.0203 Inspectors 10.0204 Inspectors - Order Safety and Preventive Devices 10.0205 Inspectors - Failure to Comply 10.0206 Right to Enter Premises 10.0207 Notice to Owner 10.0208 Appeals 10.0209 New Materials, Processes or Occupancies Which May Require Permits 10.0210 Key Boxes 10.0211 Premises Identification (Addressing) 10.0212 Fire Protection System Group R 10.0213 Reporting of Maintenance, Inspecting, and Testing on Fire Alarm Systems and Fire Protection Systems 10.0214 Fire Investigation

10.0201: FIRE PREVENTION The Fire Prevention Code shall be enforced by the Building Official and the Fire Department of the City of Watertown, under the supervision and direction of the Chief of the Fire Department (Fire Chief). Any official acting under this authority shall be an Inspector.

10.0202: ADOPTION OF THE FIRE CODE AND LIFE SAFETY CODE There is hereby adopted by the City Council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, those certain codes known as the International Fire Code, 2012 Edition, including Appendices B through J, as prepared by the International Code Council, and the Life Safety Code 101, 2012 Edition, prepared by the National Fire Protection Association, of which codes are filed in the Office of the Finance Officer and the same are hereby adopted and incorporated as fully as if set out in length herein, and from the date in which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Watertown and Watertown Fire Rescues Response Area and Watertowns extra Territorial Jurisdiction. The Fire Chief or his designed, shall have the authority to enforce the provisions of the Fire Prevention Code and shall have the authority to render interpretations of the Fire Prevention Code, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent of the code and shall not have the effect of waiving requirements specifically provided for in this code. When an interpretation arises an application in writing by the owner or lessee or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Fire Chief thereon shall be entered upon the record of the department and a signed copy shall be furnished the applicant. (IFC 104.1)

10.0203: INSPECTORS Authority is hereby granted to said Inspectors to enter into any of the schools or any of the buildings or rooms in said City used for public meetings or amusement, during any and all times when he shall deem it necessary, whether such public meetings or amusements are in progress therein or not, and as he may elect, and to take with him into any such building at any time when such building is open to the public, not to exceed two assistant firemen who shall aid him in his duties as inspector.

10.0204: INSPECTORS - ORDER SAFETY AND PREVENTIVE DEVICES Said Inspector shall have full power and authority with the consent and approval of at least two-thirds (2/3) of all the aldermen-elect to order such fire and protection in hotels, boarding houses, inns, school houses, theaters, or other buildings where public meetings or other gatherings are held, or amusements are had, as he shall deem expedient

REVISED ORDINANCES – CITY OF WATERTOWN, SOUTH DAKOTA and necessary for the public safety, and may order exits with proper notice and such fire escapes as he shall deem necessary, to be constructed in and about said rooms or buildings, and may order water hydrants so constructed that they can be immediately turned on and utilized when needed upon any stage in any theater or any other building where public meetings or amusements are had, and to order any proprietor, occupier, tenant, lessee or manager to construct the said water pipes and hydrants in such a manner as said Inspector shall deem proper and to furnish upon the order of said Inspector so much hose as shall be necessary to make such fire protection utilizable and sufficient and as such Inspector shall deem necessary; and for the acts above set forth said Inspector and assistant shall at all times during any entertainment, amusement or performance or public meeting have full, free and unobstructed access to any stage in any such building in this City.

10.0205: INSPECTORS - FAILURE TO COMPLY Any proprietor, occupant, tenant, lessee or manager, omitting, failing or refusing to comply with the order and notice of the Inspector provided within ten (10) days after written notice of such order has been served upon such proprietor, occupant, tenant, lessee or manager shall be subject to a fine as provided in Chapter 10.99 hereof, and further: Such building or room shall be closed and no public meeting or amusement of any character shall be had therein until the order of the Inspector is fully complied with, and any opening of any of the places herein mentioned to the public for meetings or amusement, after such order and notice and before compliance therewith, shall be and is hereby deemed a separate and distinct offense.

10.0206: RIGHT TO ENTER PREMISES Right of entry. Whenever it is necessary to make an inspection to enforce the provisions of this code, or whenever The fire code official has reasonable cause to believe that there exists in a building or upon any premises any condition or violations of this code which make the building or premises unsafe, dangerous or hazardous, the fire code official shall have the authority to enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the fire code official by this code. If such building or premises is occupied, the fire code official shall present credentials to the occupant and request entry. If such building or premises is unoccupied, the fire code official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the fire code official has recourse to every remedy provided by law to secure entry (IFC 2012, 104.3). The Inspector is hereby given authority to enter any house or buildings, lots, yards and premises in the said City, between sunrise and sunset as often as he shall deem necessary and examine the fireplace, hearth, chimney, stoves and pipes, ovens, boilers or other apparatus likely to cause or to set fire to said premises, places where ashes are deposited, and all places where gun powder, hemp, flax, straw, tow, hay, shavings or other combustible materials are kept, lodged or stored.

10.0207: NOTICE TO OWNER The said Inspector shall give such notices to the owner or occupant thereof, in regard to the several foregoing matters, as he may deem expedient, either as to removal, alteration, repairs or better care or management thereof for the protection of property against fire; which notice shall be obeyed and complied with by the person or persons occupying or owning the same (as the case may be) and at his or their own expense within five (5) days from and after the date of service of notice thereof.

10.0208: APPEALS Whenever the Fire Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the governing body within thirty (30) days from the date of the decision appealed. The governing body for appeals is the Board of Adjustment.

10.0209: NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS The Building Official, the Fire Chief and the Police Chief shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in said code. A list shall be posted in a conspicuous place in the office of the Fire Chief and copies thereof shall be distributed to interested persons.

REVISED ORDINANCES – CITY OF WATERTOWN, SOUTH DAKOTA

10.0210: KEY BOXES The Watertown Fire Department will not carry keys for direct emergency access to buildings, but will carry keys to Knox lock boxes approved for construction and location by the Fire Department which will contain entry and secured area keys. When access to or within a structure or any area is unduly difficult because of secured openings or where immediate access is necessary for life saving or fire fighting purposes, the Chief may require a Knox key box to be installed in an accessible location. The Knox key box shall be a type approved by the Fire Chief and shall contain keys to gain necessary access as required by the Fire Chief.

10.0211: PREMISES IDENTIFICATION (ADDRESSING) New and existing buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. Address numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters (no script). Illumination of the address is recommended. If the structure is not visible from the roadway because of terrain, trees or other obstruction, or if the structure is more than four hundred (400) feet from the roadway, the address numbers shall be posted on a post at the entrance of the driveway to the structure. The numbers on the post shall be a minimum of four (4) inches in height and shall be visible from both sides of the approach to the entrance. The post with the numbers shall be a minimum of four (4) feet in height above the ground in a visible location within twenty (20) feet of the roadway. 1. Address Number Display – Residential Uses House numbering: All residential primary structures shall display official City-assigned address numbers on the face of the structure nearest the road, 5’ from ground level, size mandated by size and placement regulations below. Mailbox numbering: Any mailbox located on street directly in front of the residence shall display address numbers on both sides. Groups of mail boxes in one location with numbers on both sides are not required. 2. Address Number Display – Non-Residential Uses Primary Structure: All non-residential primary structures shall display official City-assigned address numbering on the face of the structure so it is visible from roadway. For strip malls and rows of stores, numbers above or beside the front (street side) door 5’ from ground level, size mandated (see section three below). Addressing can be conspicuously located on window or door only if no advertising or decorations are on that said window or door. 3. Size and Placement Regulations Distance Size 0 – 50 feet 6 in. 51 – 100 feet 8 in. 101 – 150 feet 10 in. 151 – 200 feet 12 in. Over 200 feet 14 in. Distance is measured from the face of the building to the face of curb/edge of roadway.

10.0212: Fire Protection System Group R 1. Automatic sprinkler system requirements. An automatic sprinkler system shall be installed throughout any new hotel, motel, and multi-family residence housing five or more families. 2. Automatic sprinkler system is required in all Multi-Family residences when four (4) or more bedrooms are present in any one single unit.

10.0213: Reporting of Maintenance, Inspections, and Tests on Fire Alarm Systems and Fire Protection Systems All vendors or companies performing maintenance, inspections, and tests on Fire Alarm Systems and Fire Protection Systems are responsible for mailing a copy of all reports and related information for the systems to Watertown Fire Rescue within sixty (60) days.

10.0214 Fire Investigation The fire code official, the fire department or other responsible authority shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition (International Fire Code 2012).

REVISED ORDINANCES – CITY OF WATERTOWN, SOUTH DAKOTA

All fire investigations shall be done using as a guide NFPA 921 GUIDE FOR FIRE & EXPLOSION INVESTIGATION.

REVISED ORDINANCES – CITY OF WATERTOWN, SOUTH DAKOTA

Chapter 10.04 HAZARDOUS MATERIALS

Section 10.0401 Purpose 10.0402 Definitions 10.0403 Contingency Plan Required 10.0404 Prohibited 10.0405 Reporting of Discharge 10.0406 Right of Entry 10.0407 Conflict 10.0408 Appeals

10.0401: PURPOSE The purpose of this article is to protect, promote and enhance the welfare, safety, health and property of the general public and to protect and preserve the City's sanitary sewers, storm sewers, sewage treatment plant, water distribution system, and the Big Sioux Aquifer, and reduce cost associated with accidental discharges by establishing requirements for the safe manufacturing, handling, storage and sale of hazardous materials.

10.0402: DEFINITIONS For the purpose of interpreting this ordinance, certain words, terms and expressions are herein defined. Words used in the present tense shall include the future. The singular number shall include the plural and the plural, the singular. The word "shall" is mandatory. Accidental Discharge: any gas, liquid or solid material which leaks, spills or escapes upon the ground or into the ground water, surface water or atmosphere. Adverse Discharge: any discharge which could damage private or public property or produce a change in the water quality of the Big Sioux Aquifer which would exceed the Federal Primary Drinking Water Standards. Aquifer: a geologic formation, group of formations or part of a formation capable of yielding, storing or transmitting a significant amount of ground water to wells or springs for domestic or animal use. Aquifer Critical Impact Zone: that portion of the Big Sioux Aquifer which includes the public water supply and other areas serving as public water supplies. The area includes land surrounding the well fields in the established direction of ground and surface water flow, as shown on the Big Sioux Aquifer Map 1984, on file with the Fire Department. Aquifer Secondary Impact Zone: the remainder of the Big Sioux Aquifer which is not located within the Aquifer Critical Impact Zone. Big Sioux Aquifer: an unconfined, shallow groundwater system connected to the Big Sioux River, its tributaries and area lakes. Feed Lot: a confined area for the feeding of domestic farm animals. Hazardous Materials: those that pose an unreasonable risk to the health and safety of operating or emergency personnel, the public and the environment if not properly controlled during handling, storage, manufacture, processing, packaging, use, disposal or transportation. The requirements of Chapter 50 International Fire Code (2012) and the other associated chapters are considered the minimum safety requirements for the use, production and storage of hazardous chemicals. 1. Ignitable: a gas, liquid or solid which may cause fires through friction, absorption of moisture, or which has low flash points. Examples: white phosphorous, gasoline. 2. Carcinogenic: a gas, liquid or solid which is normally considered to be cancer causing or mutagenic. Examples: materials containing P.C.B.'s, polychloryl-biphenyl (waste oils). 3. Explosive: a reactive gas, liquid or solid which will vigorously and energetically react uncontrollably if exposed to heat, shock, pressure or combination thereof. Examples: dynamite, organic peroxides, ammonium nitrate, etc. 4. Highly Toxic: a material (solid,liquied, gas) so dangerous to man as to afford an unusual hazard to life. Example: parathion, chlorine gas.

REVISED ORDINANCES – CITY OF WATERTOWN, SOUTH DAKOTA

5. Moderately Toxic: a material (gas, liquid or solid) which through repeated exposure or in a single large dose can be hazardous to man. Example: diazinon. 6. Corrosive: any material, whether acid or alkaline, which when in contact with human tissue will cause s evere damage to such tissue; or in case of leakage will damage or destroy other containers of hazardous materials and cause the release of their contents. Examples: battery acid and phosphoric acid.

10.0403: CONTINGENCY PLAN REQUIRED A contingency plan for cleaning up and containing an accidental discharge shall be required for any industry, business or individual, which manufactures, handles stores or sells hazardous materials as defined in this ordinance. The contingency plan must be submitted to the Watertown Fire Department and provide the following: 1. A list of the scientific names and quantity of the hazardous materials normally located within the premises. The list shall be updated annually or in each case where maximum inventory quantities change by more than twenty five percent (25%) or other additional hazardous materials are added to inventory. 2. A building and lot layout drawn to scale showing the location of the hazardous materials. 3. The written contingency plan must describe the procedure to be utilized in the event of an accidental discharge. a. Such a plan must include methods to be used for containment of an accidental discharge upon the premises; b. Location and availability of equipment and supplies necessary to contain and clean up the accidental discharge and protect the City utilities located upon the premises, including an evacuation plan for any individuals within the premises; c. The name of the representative to be contacted in the event of an emergency; d. Financial responsibility for damages and clean up of an accidental or an on purpose discharge will be the responsibility of the property owner. A suitable sign shall be displayed upon the building designating the type of hazardous materials contained therein. 10.0404: PROHIBITED 1. The manufacturing, handling, storage or sale of hazardous materials is prohibited within the Aquifer Critical Impact Zone. 2. An industry, business or individual manufacturing, handling, storing or selling hazardous materials shall not be located within five hundred (500) feet of residential structures, schools or hospitals. Hazardous materials shall conform to maximum allowable quantities per control area listed in section 5003.11.1 through 5003.11.3.10 (International Fire Code Chapter 50).

10.0405: REPORTING OF DISCHARGE It shall be the duty of any person having knowledge of a discharge of hazardous material to immediately report the discharge to the Fire Department.

10.0406: RIGHT OF ENTRY Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever the Fire Department or their authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which is prohibited under the article, the Fire Department or their authorized representative may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the Fire Department by this article; providing that if such building or premises be occupied, they shall first present proper credentials and demand entry; and if such building or premises be unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Fire Department or their authorized representative shall have recourse to every remedy provided by law to secure entry. No owner or occupant or any other person having charge or care of any building or premises shall fail or neglect, after proper demand made as herein provided, to properly permit entry therein by the Fire Department or their authorized representative for the purpose of inspection and examination pursuant to this article.

REVISED ORDINANCES – CITY OF WATERTOWN, SOUTH DAKOTA

10.0407: CONFLICT In the event of any conflict between the provisions of this ordinance and state and federal law, the state and federal law shall prevail.

10.0408: APPEALS Whenever the Fire Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the governing body within thirty (30) days from the date of the decision appealed. The governing body for appeals is the Board of Adjustment.

REVISED ORDINANCES – CITY OF WATERTOWN, SOUTH DAKOTA

Chapter 10.98 CROSS-REFERENCES

10.9801: CROSS-REFERENCES Bonds ...... 7.0903 Burning on Surfaced Streets Prohibited ...... 18.0103 Cemetery, Mount Hope, Fires Unlawful ...... 6.0115 Fire Alarm, False ...... 13.0306 Fire Vehicles, Right-of-Way ...... 19.0110 Petroleum Products ...... Chapter 5.04

REVISED ORDINANCES – CITY OF WATERTOWN, SOUTH DAKOTA

Chapter 10.99 PENALTIES AND PUNISHMENT

10.9901: PENALTIES AND PUNISHMENT 1. Any person who shall violate any provision of this title, other than Chapter 10.02, shall be punished by a fine not exceeding two hundred dollars ($200) or by imprisonment not exceeding thirty (30) days or by both such fine and imprisonment. 2. Any person who shall violate any of the provisions of Chapters 10.01 and 10.02 hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made there under, or who shall build in violation of any detailed statement of specification or plan submitted and approved there under, or any certificate or permit issued there under, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Municipal Court or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not more than two hundred dollars ($200) or by imprisonment nor more than thirty (30) days or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibitive conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 3. Any person who shall violate any provision of Chapter 10.04 of this title, shall be subject to a fine not exceeding two hundred dollars ($200). Each day in violation of this section shall constitute a separate offense.

The above and foregoing Ordinance was moved for adoption by Alderperson ______, seconded by Alderperson ______, and upon voice vote motion carried, whereupon the Mayor declared the Ordinance duly passed and adopted.

I certify that Ordinance 14-02 was published in the Watertown Public Opinion, the official newspaper of said City, on the ___ day of ______, 2014. Rochelle M. Ebbers, CPA

First Reading: Second Reading: Published: Effective:

City of Watertown Attest:

______Steve Thorson Rochelle M. Ebbers, CPA Mayor Finance Officer

RESOLUTION NO. 14-07

A BRIDGE REINSPECTION PROGRAM RESOLUTION FOR USE WITH SDDOT RETAINER CONTRACTS

WHEREAS, Title 23, Section 151, United States Code and Title 23, Part 650, Subpart C, Code of Federal Regulations, requires initial inspection of all bridges and reinspection at intervals not to exceed two years with the exception of reinforced concrete box culverts that meet specific criteria. These culverts are reinspected at intervals not to exceed four years;

THEREFORE, the City of Watertown is desirous of participating in the Bridge Inspection Program using Bridge Replacement funds;

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Watertown, SD requests SDDOT to hire Aason Engineering as Consulting Engineer for the inspection work. SDDOT will secure Federal approvals, make payment to the Consulting Engineer for inspection services rendered, and bill the City of Watertown for 20% of the cost. The City of Watertown will be responsible for the required 20% matching funds.

Dated at Watertown, South Dakota this 17th day of March, 2014.

The above and foregoing Resolution was moved by adoption by Alderperson ______, seconded by Alderperson ______, and upon roll call all voted aye whereupon the Mayor declared the resolution to be duly passed and adopted.

I hereby certify that Resolution No. 14-07 was published in the Watertown Public Opinion, the official newspaper of said City, on the 22nd day of March, 2014.

ATTEST: City of Watertown

Steve Thorson Rochelle Ebbers, CPA Mayor Finance Officer

LEASE AGREEMENT

This Lease Agreement is made and entered into this ___ day of March 2014, by and between Steve Wess (hereinafter “LESSOR”), and the City of Watertown (hereinafter “LESSEE”).

1. Leased Premises.

The leased premises are identified on Exhibit A, attached hereto and incorporated by reference. LESSEE is the owner of sites A, B, C & D identified on exhibit A. LESSEE hereby leases to LESSOR sites A, B, C & D depicted on Exhibit A; Site A consists of approximately (10.10) acres, more or less, while the remaining sites are described as follows:

Site Coordinates Acres N 44° 52.558’ W 97° 05.744’ N 44° 52.559’ W 97° 05.698’ N 44° 52.431’ W 97° 05.705’ B N 44° 52.445’ W 97° 05.727’ 2.24 N 44° 52.559’ W 97° 05.698’ N 44° 52.591’ W 97° 05.298’ N 44° 52.356’ W 97° 05.306’ N 44° 52.353’ W 97° 05.541’ C N 44° 52.431’ W 97° 05.705’ 52.1 D N 44° 52.353’ W 97° 05.541’ 7.87

It is acknowledged by the parties hereto that LESSEE is the legal and equitable owner of the real property described herein. It is further acknowledged that LESSEE acquired the above-described property in 1992 from Howard and Irene Wess. As part of the purchase terms, LESSOR, as assignee of Howard and Irene Wess, was given the right to farm and graze Site A under certain conditions; which conditions exist at the time of entering into this Lease Agreement. A copy of that 1992 Agreement is attached hereto as Exhibit B and is incorporated by this reference. The above-described real property consists of a portion of that property over and upon which farming and grazing rights were conveyed under the 1992 purchase agreement.

2. Term.

The term of this Lease Agreement shall be for five (5) years commencing with the 2014 pasture season, and shall be renewable for two additional five (5) year terms under identical terms.

F:\STAFF\WADE\COUNCIL AGENDAS\2014 COUNCIL AGENDAS\031714 CC AGENDA\In Order\913a-Lease Agreement Steve Wess 2014.docx 1

3. Rent.

LESSEE shall pay LESSOR the sum of Three-Hundred and Three Dollars

($303.00) for Site A which represents a price of Thirty Dollars ($30.00) per acre. LESSEE shall pay no rent for sites B, C and D. LESSEE shall pay LESSOR Ten Dollars ($10.00) per acre for the land provided to LESSEE as described in §4.F. herein.

4. Obligations of LESSOR and LESSEE.

A. LESSEE warrants that it has authority to lease said premises to LESSOR for the purposes described herein.

B. LESSEE warrants that LESSOR shall, during the term of this Lease Agreement, have the right of quiet enjoyment in the leased premises, except as provided for herein.

C. It is expressly agreed and understood by the parties that during the term of this lease both parties shall have the right of access over and upon the leased premises

D. LESSOR agrees, at its sole expense, to comply with all rules, regulations, ordinances, or statutes promulgated by the federal, state or county governments relating to, but not limited to, use of chemicals or fertilizers, and weed abatement and control. LESSOR hereby agrees that weed abatement and control over and upon the entire leased premises shall be its sole responsibility.

E. LESSOR acknowledges and agrees that throughout the term of this Lease Agreement and any renewals, LESSEE shall have the right to land apply sludge in amounts recommended by agronomists selected by LESSEE. LESSOR further acknowledges and agrees that he will not apply, or cause to be applied, any fertilizer over and upon the leased premises without the express written consent of the LESSEE.

F. LESSOR further acknowledges and agrees during each year of this Lease Agreement, and any renewal, to provide LESSEE with up to two- hundred (200) acres of tillable farm ground on which LESSEE shall have the right, but not the obligation, to land apply sludge. LESSOR further agrees that any land provided to LESSEE for sludge application purposes will have a tillable crop planted and harvested prior to sludge application. LESSOR further agrees not to apply any fertilizer to land provided to LESSEE for sludge application purposes without first obtaining the written consent of LESSEE.

F:\STAFF\WADE\COUNCIL AGENDAS\2014 COUNCIL AGENDAS\031714 CC AGENDA\In Order\913a-Lease Agreement Steve Wess 2014.docx 2

5. Rights of LESSOR.

LESSOR may utilize the leasehold premises, during the period this Lease Agreement is in effect, for agricultural or other related purposes.

6. Indemnification.

LESSOR agrees to indemnify and hold LESSEE harmless, for any injury, whether to person or property, arising out of, or occurring as a result of, any activities conducted on the leased premises, whether to LESSOR personally, or any employee, agent, heir of assign of LESSOR, during the term of this Lease Agreement. It is specifically agreed and understood that this express provision cannot be amended or extinguished, in any manner, during the term of this Agreement, and is binding on the LESSOR’s heirs and assigns.

7. Right of Termination.

Except as otherwise provided herein, this Lease Agreement may be terminated, without any penalty or further liability, upon a two (2) years written notice by either party. LESSOR hereby agrees that upon termination of this Lease Agreement, it will remove any and all equipment from the leased premises prior to the effective date of such termination and will exercise its best efforts, prior to surrender of the leased premises, to restore the leased premises to the condition then existing at the time LESSOR took possession thereof.

8. Notices.

All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered, or sent via certified mail, return receipt requested, to the following addresses:

If to LESSEE: If to LESSOR:

City of Watertown Steve Wess 23 2nd Street N.E. 2530 5th Street S.E. P.O. Box 910 Watertown, SD 57201 Watertown, SD 57201

9. Assignment and Subletting.

LESSOR may not, in any manner, assign or sublet the leased premises, or any portion thereof.

10. Successors and Assigns.

F:\STAFF\WADE\COUNCIL AGENDAS\2014 COUNCIL AGENDAS\031714 CC AGENDA\In Order\913a-Lease Agreement Steve Wess 2014.docx 3

This Lease Agreement shall run with the property, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns.

11. Miscellaneous.

A. This Lease Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease Amendment must be in writing and executed by both parties.

B. This Lease Agreement shall be construed in accordance with the laws of the State of South Dakota.

C. If any term of this Lease Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease Agreement, which shall continue in full force and effect. The parties shall agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable.

D. This Lease Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument.

Dated this ___ day of March 2014 at Watertown, South Dakota.

LESSEE: LESSOR:

______Steve Thorson Steve Wess Mayor

ATTEST:

______Rochelle M. Ebbers, CPA Finance Officer

(SEAL)

F:\STAFF\WADE\COUNCIL AGENDAS\2014 COUNCIL AGENDAS\031714 CC AGENDA\In Order\913a-Lease Agreement Steve Wess 2014.docx 4

State of South Dakota ) )SS: County of Codington )

On this the __ day of March 2014, before me, the undersigned officer, personally appeared Steve Thorson and Rochelle Ebbers, who acknowledged themselves to be the Mayor and Finance Officer, respectively, of the City of Watertown, a municipal corporation, and that they as such Mayor and Finance Officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the City of Watertown City by themselves as Mayor and Finance Officer.

IN WITNESS WHEREOF I hereunto set my hand and official seal.

______Notary Public

(SEAL)

My Commission Expires:

State of South Dakota ) )SS: County of Codington )

On this the ___ day of March 2014, before me, the undersigned officer, personally appeared Steve Wess, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained.

IN WITNESS WHEREOF I hereunto set my hand and official seal.

______Notary Public

(SEAL)

My Commission Expires:

F:\STAFF\WADE\COUNCIL AGENDAS\2014 COUNCIL AGENDAS\031714 CC AGENDA\In Order\913a-Lease Agreement Steve Wess 2014.docx 5

A B

C

D

EXHIBIT A

F:\STAFF\WADE\COUNCIL AGENDAS\2014 COUNCIL AGENDAS\031714 CC AGENDA\In Order\913a-Lease Agreement Steve Wess 2014.docx

F:\STAFF\WADE\COUNCIL AGENDAS\2014 COUNCIL AGENDAS\031714 CC AGENDA\In Order\913a-Lease Agreement Steve Wess 2014.docx

F:\STAFF\WADE\COUNCIL AGENDAS\2014 COUNCIL AGENDAS\031714 CC AGENDA\In Order\913a-Lease Agreement Steve Wess 2014.docx

F:\STAFF\WADE\COUNCIL AGENDAS\2014 COUNCIL AGENDAS\031714 CC AGENDA\In Order\913a-Lease Agreement Steve Wess 2014.docx

F:\STAFF\WADE\COUNCIL AGENDAS\2014 COUNCIL AGENDAS\031714 CC AGENDA\In Order\913a-Lease Agreement Steve Wess 2014.docx F:\STAFF\WADE\COUNCIL AGENDAS\2014 COUNCIL AGENDAS\031714 CC AGENDA\In Order\913a-Lease Agreement Steve Wess 2014.docx F:\STAFF\WADE\COUNCIL AGENDAS\2014 COUNCIL AGENDAS\031714 CC AGENDA\In Order\913a-Lease Agreement Steve Wess 2014.docx

General Terms and Conditions

GENERAL These general terms and conditions (“Terms”) together with the attached Client/Owner Services Agreement between Houston Engineering, Inc. (“ENGINEER”) and OWNER attached hereto (“Agreement”) shall exclusively govern the relationship between ENGINEER and OWNER with respect to the transaction described in the Agreement. No addition, modification, or amendment to these Terms or the Agreement will be binding on ENGINEER unless agreed to in writing and signed by an authorized representative of ENGINEER. (These Terms and the Agreement are hereinafter collectively referred to as the “Agreement”).

1. STANDARD OF CARE ENGINEER will perform its services in accordance with the terms of this Agreement. The standard of care applicable to ENGINEER’S services will be the degree of care, skill and diligence normally employed by others performing the same or similar services under similar circumstances at the same time and in the same locality. All estimates, recommendations, opinions and decisions of ENGINEER will be made upon the basis of information provided to or made available to ENGINEER based upon ENGINEER’S experience, technical qualifications and professional judgment. 2. WARRANTY Except as specifically set forth in this Agreement, Engineer has not made and does not make any warranties or representations whatsoever, express or implied, as to services to be performed or materials to be provided including, without limitation, any warranty or representation as to: (i) the merchantability or fitness or suitability of the services or products for a particular use or purpose whether or not disclosed to Engineer; and (ii) delivery of the services and products free of the rightful claim of any person by way of infringement (including, but not limited to, patent or copyright infringement) or the like. Engineer does not warrant and will not be liable for any design, material or construction criteria furnished or specified by owner and incorporated into the services and products provided hereunder. 3. PAYMENT TERMS Invoices will be submitted periodically (customarily on a monthly basis) and are due and payable upon receipt. OWNER agrees to pay a service charge on all accounts 30 days or most past due at a rate equal to one percent (1%) each month but in no event shall such service charge exceed the maximum amount allowed by law. Acceptance of any payment from OWNER without accrued service charges shall not be deemed to be a waiver of such service charges by ENGINEER. In the event OWNER is past due with respect to any invoice ENGINEER may, after giving five (5) days written notice to OWNER, suspend all services without liability until OWNER has paid in full all amounts owing ENGINEER on account of services rendered and expenses incurred, including service charges on past due invoices. Payment of invoices is not subject to discount or offset by OWNER. 4. CHANGES OR DELAYS The fee set forth in this Agreement constitute ENGINEER’S estimate to perform the services required to complete the Project as ENGINEER understands it to be defined. If the Project requires conceptual or process development services, such services often are not fully definable in the initial planning. If, as the Project progresses, facts develop that in ENGINEER’S judgment dictate a change in the services to be performed, which may alter the Scope of Services, ENGINEER will inform OWNER so that negotiation of change in scope and adjustment to the time of performance and compensation can be accomplished. If such change results in an increase or decrease in the cost of or time required for performance of the services an equitable adjustment shall be made and the Agreement modified accordingly. 5. PAYMENT Where the method of payment under the Agreement is based upon cost reimbursement (e.g., hourly rate, time and materials, direct personnel expense or per diem) the provisions of subparagraph a. shall apply in addition to the provisions of subparagraphs b. through d. a. The minimum time segment for charging fieldwork is one (1) hour. The minimum time segment for charging work done at any of ENGINEER’S offices is one-quarter hour. b. Direct costs, excluding travel and subsistence, are payable at actual documented cost plus 10% for administration. These direct costs include, but are not limited to, shipping, communication, printing and reproduction, computer services, supplies and equipment, and equipment items rented from commercial sources. Travel and subsistence expenses of personnel when on business connected with the Project are reimbursable at cost. c. When applicable, rental charges will be applied to cover the cost of pilot-scale facilities or equipment, apparatus, instrumentation, or other technical machinery. When such charges are applicable, OWNER will be advised at the start of an assignment, task, or phase. d. Invoices based upon cost reimbursement will be submitted showing labor (hours worked) and total expense. If requested by OWNER, supporting documentation will be supplied at the cost of providing such documentation, including labor and copying costs. 6. TERMINATION Either party may terminate this Agreement, in whole or in part, by giving fourteen (14) days’ written notice, if the other party fails to fulfill its obligations under this Agreement through no fault of the terminating party. Where method of payment is “lump sum,” the final invoice will include all services and expenses associated with the Project up to the effective date of termination. Where method of payment is based upon cost reimbursement, the final invoice will include all services and expenses associated with the Project up to the effective date of termination. An equitable adjustment shall be made to provide for termination settlement costs ENGINEER incurs relating to commitments that had become firm before termination and for a reasonable profit for services performed.

September, 2009 2

General Terms and Conditions

7. LIMITATION OF LIABILITY In no event shall ENGINEER be liable for incidental, indirect or consequential damages of any kind. ENGINEER’S maximum cumulative liability with respect to all claims and liabilities under this Agreement, whether or not insured, shall not exceed the greater of $50,000 or the total compensation received by ENGINEER under this Agreement. The disclaimers and limitations of liability set forth herein shall apply regardless of any other contrary provision set forth and regardless of the form of action, whether in contract, tort or otherwise. Each provision of this Agreement which provides for a limitation of liability, disclaimer of warranty or condition or exclusion of damages is severable and independent of any other provision and is to be enforced as such. OWNER hereby releases ENGINEER from any and all liability over and above the limitations set forth in this paragraph. 8. INSURANCE ENGINEER agrees to purchase, at its own expense, workers’ compensation insurance and comprehensive general liability insurance in amounts determined by ENGINEER and will, upon request, furnish insurance certificates to OWNER. The existence of any such insurance shall not increase ENGINEER’S liability as limited by paragraph 8 above. 9. HAZARDOUS SUBSTANCE INDEMNIFICATION OWNER acknowledges that neither ENGINEER nor ENGINEER’s agents or consultants have any professional liability (errors or omissions) or other insurance for claims or damages arising out of the performance of or failure to perform professional services, including but not limited to the preparation of reports, designs, drawings, and specifications related to the investigation, detection, abatement, replacement, or removal of parts, materials, or processes containing asbestos or relating to the actual, alleged, or threatened discharge, dispersal, release or escape of pollutants (defined herein as any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste) or hazardous substances of any kind however defined. Accordingly, OWNER hereby agrees to bring no claim for fault, negligence, breach of contract, indemnity, or other action against ENGINEER, its principals, employees, agents, and consultants, if such claim in any way would relate to asbestos, pollutants or hazardous substances in connection with the Project. OWNER further agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless ENGINEER, its principals, employees, agents, and consultants from and against all claims, damages, losses, and expenses, direct or indirect, or consequential damages, including but not limited to fees and charges for attorneys and court and arbitration costs, arising out of or resulting from the performance of ENGINEER’s services hereunder, or claims brought against ENGINEER by third parties and arising from ENGINEER’s services or others’ services and/or work related to asbestos, pollutants and/or hazardous substance activities. This indemnification shall survive termination of the Agreement. 10. INDEMIFICATION OWNER shall defend, indemnify, and hold harmless ENGINEER, together with its officers, directors, agents, consultants and employees from and against any and all claims, costs, losses and damages, including attorneys' fees and other costs of litigation or dispute resolution arising directly or indirectly from OWNER’S breach of this Agreement or OWNER’S fault, negligent acts or omissions or intentional misconduct in connection with this Agreement or the Project. 11. PROJECT SITE OWNER shall furnish or cause to be furnished to ENGINEER all documents and information known to OWNER that relate to the identity, location, quantity, nature, or characteristics of any asbestos, pollutant or hazardous substance, however defined, at, on or under the Project site. In addition, OWNER shall furnish such other reports, data, studies, plans, specifications, documents, and other information regarding surface and subsurface site conditions required by ENGINEER for proper performance of its services. ENGINEER shall be entitled to rely upon OWNER provided documents and information in performing the services required under this Agreement; however, ENGINEER assumes no responsibility or liability for the accuracy or completeness of any such documents or information. ENGINEER will not direct, supervise, or control the work of contractors or their subcontractors. ENGINEER’s services will not include a review or evaluation of the contractor’s or subcontractor’s safety measures. ENGINEER shall be responsible only for its activities and those of its employees on any site. The presence of ENGINEER, its employees, agents or subcontractors on a site shall not imply that ENGINEER controls the operations of others nor shall it be construed to be an acceptance by ENGINEER of any responsibility for job-site safety. 13. DISPOSAL OF CONTAMINATED MATERIAL ENGINEER is not, and has no responsibility as a handler, generator, operator, treater, storer, transporter, or disposer of hazardous or toxic substances found or identified at a site. 14. CONFIDENTIALITY ENGINEER shall maintain as confidential and not disclose to others without OWNER’s prior consent all information obtained from OWNER that was not otherwise previously known to ENGINEER or in the public domain and is expressly designated by OWNER in writing to be “CONFIDENTIAL.” The provisions of this paragraph shall not apply to information in whatever form that (a) is published or comes into the public domain through no fault of ENGINEER, (b) is furnished by or obtained from a third party who is under no obligation to keep the information confidential, or (c) is required to be disclosed by law on order of a court, administrative agency, or other authority with proper jurisdiction. OWNER agrees that ENGINEER may use and publish OWNER’s name and a general description of ENGINEER’s services with respect to the Project in describing ENGINEER’s experience and qualifications to other clients or potential clients.

September, 2009 3

General Terms and Conditions

15. RE-USE OF DOCUMENTS All documents, including drawings and specifications, prepared or furnished by ENGINEER (and ENGINEER’s affiliates, agents, subsidiaries, independent professional associates, consultants, and subcontractors) pursuant to this Agreement are instruments of service in respect of the Project, and ENGINEER shall retain ownership thereof, whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the Project; however, such documents are not intended or represented to be suitable for re-use by OWNER or others on extensions of the Project or on any other project. Any re-use without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER’s sole risk and without liability to ENGINEER or ENGINEER’s affiliates, agents, subsidiaries, independent professional associates, consultants, and subcontractors with respect to any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 16. CONTROLLING AGREEMENT This Agreement shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice-to-proceed, or like document regarding ENGINEER’s services. If any provision of this Agreement is determined to be invalid or unenforceable in whole or part by a court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect and be binding upon the parties hereto. The parties agree to reform this Agreement to replace any such invalid or unenforceable provision with a valid and enforceable provision that as closely as possible expresses the intention of the stricken provision. This Agreement, including but not limited to the indemnification provisions, shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement gives no rights or benefits to anyone other than ENGINEER and OWNER and has no third party beneficiaries except as may be specifically set forth in this Agreement. This Agreement constitutes the entire agreement between the parties and shall not in any way be modified, varied or amended unless in writing signed by the parties. Prior negotiations, writings and understandings relating to the subject matter of this Agreement are merged herein and are superceded and canceled by this Agreement. Headings used in this Agreement are for the convenience of reference only and shall not affect the construction of this Agreement. 17. PROPRIETARY DATA The technical and pricing information contained in the Scope of Services is confidential and proprietary and is not to be disclosed or otherwise made available to third parties by OWNER without the express written consent of ENGINEER. 18. GOVERNING LAW This Agreement is to be governed by and construed in accordance with the laws of the principal place of business of ENGINEER. 19. DATA PRACTICES ACT REQUESTS ENGINEER considers certain information developed during the execution of services as “not public” and “protected” from public disclosure under the various local, state and federal Data Practices Act Requests. OWNER shall reimburse ENGINEER for any and all costs and expenses, including attorneys’ fees associated with any type of data practices act request. 20. ASSIGNMENTS This Agreement and the rights and duties hereunder may not be assigned by OWNER, in whole or in part, without ENGINEER’S prior written approval. 21. FORCE MAJURE ENGINEER shall not be liable for any loss, damage or delay resulting out of its failure to perform hereunder due to causes beyond its reasonable control including, without limitation, acts of nature or the OWNER, acts of civil or military authority, terrorists threats or attacks, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, delays in transportation, transportation embargos, extraordinary weather conditions or other natural catastrophe or any other cause beyond the reasonable control of ENGINEER. In the event of any such delay, ENGINEER’S performance date(s) will be extended for that length of time as may be reasonably necessary to compensate for the delay. 22. WAIVER No failure or delay on the part of ENGINEER in exercising the right, power or remedy under this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of any rights, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The remedies provided in this Agreement are cumulative and not exclusive of any remedies provided by law. 23. WAIVER OF JURY In the interest of expediting any disputes that might arise between ENGINEER and OWNER, ENGINEER and OWNER hereby waive their respective rights to a trial by jury of any dispute or claim concerning this Agreement, the services and any other documents or agreements contemplated by or executed in connection with this Agreement. 24. NOTICES Any and all notices, demands or other communications require or desire to be given under this Agreement shall be in writing and shall be validly given or made if personally served; sent by commercial carrier service; or if deposited in the United States Mail, certified or registered, postage prepared, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail or commercial carrier service, such notice shall be conclusively deemed given three (3) days after deposit thereof in the United States Mail or with a commercial carrier service. Notices, demand or other communications required or desired hereunder shall be addressed to the individuals indicated in this Agreement at the addresses indicated in this Agreement. Any party may change its address or authorized recipient for purposes of this paragraph by written notice given in the manner provided above.

September, 2009 4 Attachment A ESTIMATED BUDGET CITY OF WATERTOWN, SD WATERTOWN REGIONAL LANDFILL 2014 SCALE PROJECT ENGINEERING DESIGN & CONSTRUCTION SUPPORT

Rates ==> $125 $168 $152 $121 $63

Date Prepared: January 24, 2014 Total Estimated Labor $21,810 Date Revised: March 5, 2014 Total Estimated Expenses $120 Prepared by: D. McAlpine Total Estimated Budget $21,930 Checked by: B. Schultz

Total Senior Evaluate Onsite Project Senior TASK DESCRIPTION Project Clerical Soils1 Manager Designer Hours Dollars Manager

BLS DDM/ML JN SL

ENGINEERING DESIGN & CONSTRUCTION SUPPORT 6 3 89 56 4 158 $21,810

Task 1 - Project Meetings 012104 $593

Project Preparation & Administration 012104 $593 Conduct Pre-construction meeting (conference call) 1 2 1 4 $593

Task 2 - Engineering Design Phase 6267402117 $16,236

Project Preparation & Administration 60270033 $4,854 Project Initiation - Administrative setup 2 2 $304 Coordinate w/scale manufacturers to determine appropriate/compatible equipment (pricing, support with specifications) 18 18 $2,736 Gather & review existing data from City of Watertown (information from existing scale) 2 2 $304 2Evaluate onsite soils (determine soil bearing capacity) 6 1 7 $902 Project Management - Invoicing 4 4 $608 Engineering Design, Plans & Specifications 024040284 $11,382 Generate plans (Cover, Existing Conditions/Demo, Proposed Grading & Site Plan and applicable Details) 3 30 33 $4,086 Engineering Design of pier/footing retrofit, approach curbing & washout slab(s) 10 8 $2,488 Generate Engineer's cost estimate 3 2 5 $698 Generate performance specifications/project bid manual 24 2 26 $3,774 QA/QC specifications/project bid manual 2 2 $336

Task 3 - Construction Solicitation Phase 0 0 8 0 0 8 $1,216

Bidding 008008 $1,216 Support City to prepare advertisement 3 3 $456 Respond to written contractor questions, prepare addenda 3 3 $456 Conduct bid review and generate recommendation 2 2 $304 ESTIMATED BUDGET CITY OF WATERTOWN, SD WATERTOWN REGIONAL LANDFILL 2014 SCALE PROJECT ENGINEERING DESIGN & CONSTRUCTION SUPPORT

Rates ==> $125 $168 $152 $121 $63

Date Prepared: January 24, 2014 Total Estimated Labor $21,810 Date Revised: March 5, 2014 Total Estimated Expenses $120 Prepared by: D. McAlpine Total Estimated Budget $21,930 Checked by: B. Schultz

Total Senior Evaluate Onsite Project Senior TASK DESCRIPTION Project Clerical Soils1 Manager Designer Hours Dollars Manager

Task 4 - Construction Management and Observation 0 0 12 15 2 29 $3,765

Construction Management 0097016 $2,215 Review project submittals 2 2 $304 Review/provide recommendation of pay applications (2) & final change order 4 4 8 $1,092 Coordination with City/Contractor during construction 3 3 6 $819 Observation, and Project Closeout 0038213 $1,550 Generate Record Drawings 2 8 2 12 $1,398 QA/QC Record Drawings 1 1 $152

Assumptions: 1Work to be completed via Scott Engineering (HEI subcontractor) Total Estimated Labor $21,810 2Scott Engineering to provide two (2) soil borings complete with data summary sheet and/or report Application fees for permit(s) are not included in this task order. Construction plan set is expected to include an estimated (4-6) sheets. City of Watertown to provide initial field survey (identify existing features/elevations), construction staking and asbuilt survey City of Watertown to provide construction observation & inspection services Engineering design of proposed site plan assumes that proposed site improvements will remain in the same location as existing (curb islands, misc posts, scoreboard/speakers, electrical conduits) Attachment A1

Direct Cost Expense Estimate - Houston Engineering, Inc.

Watertown Regional Landfill 2014 Scale Project Watertown, SD No. Per Trip Item No. or Item Unit Cost Units Total Travel Mileage 0 440 $0.555 mile $0.00 Meals Daily 0 1 $23.00 Day $0.00 Printing Plans & Specifications 6 1 $20.00 Each $120.00

Total $120.00

2014 FEE SCHEDULE

The following is a schedule of hourly rates and charges for engineering and surveying services offered by Houston Engineering, Inc.

Senior Project Manager 168.00 per hour Project Manager 152.00 per hour Project Engineer 139.00 per hour Professional Engineer 125.00 per hour Design Engineer 110.00 per hour Graduate Engineer 100.00 per hour

Legislative/Grant Specialist 142.00 per hour Expert Witness 184.00 per hour

Senior Environmental Project Manager 168.00 per hour Senior Environmental Scientist 147.00 per hour Environmental Scientist 126.00 per hour Scientist 110.00 per hour Graduate Scientist 100.00 per hour Graduate Scientist I 80.00 per hour

Senior Designer 121.00 per hour Designer 105.00 per hour

Senior Land Surveyor 136.00 per hour Land Surveyor 115.00 per hour Graduate Land Surveyor 100.00 per hour

Senior Construction Engineer 136.00 per hour Construction Engineer 115.00 per hour Graduate Construction Engineer 99.00 per hour

Senior Technician 100.00 per hour Technician 89.00 per hour Graduate Technician 78.00 per hour Technician Intern 68.00 per hour

Senior GIS Project Manager 147.00 per hour GIS Project Manager 126.00 per hour GIS Developer 115.00 per hour GIS Specialist 100.00 per hour GIS Technician/Developer II 87.00 per hour GIS Technician I 74.00 per hour

1

Surveyors: One-person crew (plus equipment) 121.00 per hour Two-person crew (plus equipment) 147.00 per hour Three-person crew (plus equipment) 184.00 per hour Four-person crew (plus equipment) 205.00 per hour

CAD Manager 100.00 per hour CAD Supervisor 89.00 per hour Senior CAD Operator 78.00 per hour CAD Operator 68.00 per hour

Computer Technician 121.00 per hour

Senior Administrative Assistant 68.00 per hour Administrative Assistant 63.00 per hour

Chargeable Expenses

Subsistence Actual Cost Travel Vehicles - 2-wheel drive IRS Standard Mileage Rate 4-wheel drive IRS Standard Mileage Rate + $0.20 per mile GPS Equipment $25.00 per hour per unit Robotic Total Station $20.00 per hour S6 Robotic Total Station $40.00 per hour All Terrain Vehicle / Snowmobile / Boat $15.00 per hour Long distance telephone, facsimile, overnight mail and postage Actual Cost Cost of surveying materials, printing, special equipment, and other materials required for the job Actual Cost Sub-Consultants Actual Cost + 10%

2 2014 Fee Schedule

ENGINEERS ESTIMATE - DRAFT

CITY OF WATERTOWN 2014 Scale Project Watertown Regional Landfill Watertown, South Dakota

HEI PROJECT NO: 7716-004 Date: March 5, 2014 Estimated No. Item Description Unit Quantity Unit Price Amount

Preferred Option - Construct Scale in Existing Location (Salvage existing footings) Construction 1 Mobilization LS 1 $2,760.03 $2,760.03 Assumed 3% of base 2 Retrofit Existing Footings, washout-slabs & raise piers LS 1 $4,500.00 $4,500.00 3 New electrical & hardware (misc connections, score board, posts & speakers ) LS 1 $2,500.00 $2,500.00 Removed providing new electric line from building to scale from scope New 11x70 scale (includes wireless communication system, 15' concrete approach Discount for salvaging old footings (will require 4 slabs) LS 1 $75,000.00 $75,000.00 additional work to design pier retrofit) 5 Temporary Scale (includes calibration & freight) MONTH 1 $5,500.00 $5,500.00 6 Removal of existing scale LS 1 $1.00 $1.00 Assumes salvage value equal to removal costs as a potential buyer has not been identified 7 Concrete curb (approach & barrier) and misc flatwork LS 1 $3,000.00 $3,000.00 $1,500 for curb, $1,500 for washout slab rework 8 Gravel Surfacing TON 100 $15.00 $1,500.00

Construction Subtotal = $94,761.03

Construction Contingency (10%) = $9,476.10

Construction Total = $104,237.13 Engineering Engineering Services (Design, Solicitation Support & Construction Management & Observation w/expenses) LS 1 $22,000.00 $22,000.00

Engineering Total = $22,000.00 Grand Total

TOTAL ESTIMATED PROJECT COST = $126,237.13

S:\7716-004 Watertown SD 2014 Scale Project\Engineering\Quantity Take-off\WRLF 2014 Scale_COST BREAKOUT WORKSHEET_20140305 SCOPE OF WORK

Watertown WWTF – Alkalinity Storage & Feed Evaluation and Design

WORK TASKS

TASK 1.0: Project Initiation The Project Initiation Task will be used to get the project started through a series of activities that will kick the project off, gather required information and establish desires and direction to allow the project to progress efficiently. The initiation activities will include a project kick-off meeting to assemble key team members from both the City of Watertown and HDR to establish working relationships and lines of communication. The initial activities will develop and inform the project team members of the project goals and objectives, management structure, lines of communication, schedule, budget, and project management approach. A total of one (1) meeting will be held in Task Series 1, as described in the following sub-tasks.

Task 1.01: Project Kick-Off Meeting & Site Visit Approach. The project initiation meeting will be held with key project team members (HDR and Watertown staff members) to officially "kick-off" the project. The meeting will be used to reach an understanding of each project team member’s role and responsibilities. The meeting will also be used to inform the project team of the communication channels and the approach that will be used to manage the project.

Task 1.02: Project Manual/Work Plan Approach. Develop a brief work plan that will be used throughout the project to provide access to important information, including contact information, activities, preliminary design criteria, and a host of other information.

Meetings: 1 in Task Series 1.0

Deliverables will include: 1. Task 1.01: Meeting minutes with project instructions, communication protocols, and work assignments made during the meeting. 2. Task 1.01: Action item list and List of Key Decisions.

TASK 2.0: Options Evaluation and Basis of Design Letter Report The design will be based on the recommendations and conceptual layout presented in the 2011 Watertown WWTP Evaluation report conducted by HDR or a hydrated lime feed system, as determined in the evaluation phase. An excerpt from the Evaluation report is attached, describing the recommended addition and the preliminary opinion of probable construction costs. Note that the cost estimate was based on early 2011 costs and will be updated based on current costs and any design modifications. The Basis of Demand Letter Report will summarize the evaluation and recommended process and design assumptions that will be developed in the design.

1 Design Assumptions • The evaluation of alkalinity addition options is limited to sodium hydroxide liquid feed based on the recommendations and conceptual layout described in the Evaluation report or a hydrated lime storage and feed package feed system with feed equipment housed under the lime storage silo. • The design will be based on the recommendation of the evaluation described above. • Additional geotechnical work has been assumed to not be required. Geotechnical boring(s) and subgrade recommendations for structural design have been provided by the City. • If sodium hydroxide feed is selected: o The building will be an addition to the Screw Pump and Aeration Splitter Structure o One new storage tank will be provided. o The existing metering pump equipment will be relocated. No new pumping or controls will be required. o The pumping system operation will remain as manual control and will not be tied into the SCADA for monitoring or control. • If a hydrated lime feed system is selected: o The system will be erected near the Screw Pump and Aeration Splitter Structure to feed into the influent to the screw pumps or into the splitter structure. • City will distribute Contract Documents for bidding

Task 2.01: Options Evaluation and Basis of Design Letter Report Approach. HDR will prepare a letter report summarizing the evaluation of the two alkalinity addition options and recommendations and the basis for detailed design. This report will evaluate advantages and disadvantages of each system, capital costs and operation and maintenance costs and allow City staff to review the evaluation results and recommendations and provide input to develop the basis of design, to move forward with design. Deliverables will include the Options Evaluation and Basis of Design Letter Report document.

Meetings: None in Task Series 2.0

Deliverables will include: 1. Task 2.01: Basis of Design Letter Report.

TASK 3.0: Design Design Phase will include the preparation of Bidding Documents required for the bidding of this building addition project.

Task 3.01: 75% Design Approach. Once the basis of design is approved, the design will commence. HDR will develop plans and a specification list for bidding using HDR technical master specifications and City of Watertown standard documents. A plan set to approximately the 75% completion level will be developed for review and concept and layout consensus. Key technical specifications will also be developed for this review along with a proposed Table of Contents for all of the specifications proposed.

2 Task 3.02: Opinion of Probable Construction Cost – 75% Approach. The 75% opinion of probable construction cost will serve as a tool to check budget costs.

Task 3.03: 75% Design Review Approach. HDR and City staff members review of the 75% Design to verify direction, layouts, proposed equipment, etc. and provide comments to HDR. HDR will address comments in a memo to the City and incorporate applicable comments.

Meetings: None in Task Series 3.03

Deliverables will include: 1. Electronic submittal set for review by City. 2. Listing of comments and responses.

Task 3.04: Final Design Approach. Once the 75% design review is completed those comments will be incorporated and the design will progress to final design. The 75% Plans and Specifications will be brought to a final level using City of Watertown and HDR standard documents.

Task 3.05: Opinion of Probable Construction Cost - Final Approach. The final opinion of probable construction cost will serve as a tool to confirm budget costs.

Task 3.06: Final Design Review Approach. SD DENR, HDR and City staff members review of the Final Design to verify completeness and make necessary corrections.

Meetings: None in Task Series 3.06

Deliverables will include: 1. Electronic submittal set for review by City. 2. Two (2) sets of 11”x17”drawings and specifications to SD DENR. 3. Listing of comments and responses.

Task 3.07: Final Plans and Specifications Approach. To prepare final contract documents incorporating comments by City, HDR, SD DENR. The final documents will be prepared incorporating comments from all reviewers.

Deliverables will include: 1. Electronic files of Bid Documents. 2. Three (3) sets of Bid Documents to the City. 3. Three (3) sets of Bid Documents to the SD DENR

3 TASK 4.0 Bidding and Award

Task 4.01: Assist with Bid Phase Activities Approach. HDR will assist during the bidding process regarding bidder inquiries that will clarify any questions that may arise with the Contract Documents or project conditions. HDR will also prepare any required addenda, attend the bid opening, review bids and provide a letter to the City for recommendation of award.

TASK 5.0 Construction Administration (Not Included at This Time)

TASK 6.0 Construction Field Services (Not Included at This Time)

TASK 7.0 Project Closeout, Final Inspection, As-Recorded Documents (Not Included at This Time)

4 SCHEDULE

It is anticipated that HDR will receive a notice to proceed on March 25, 2014. The schedule that follows shows our anticipated schedule breakdown by major milestone, assuming the aforementioned start date and that the geotechnical information is available by March 31st.

• Notice to Proceed March 25, 2014 • Kickoff Meeting March 31, 2014 • Basis of Design Letter Report April 9, 2014 • 75% Review Set May 28, 2014 • Final Review Set June 30, 2014 • Advertise for Bids TBD as Desired by City (Approx. October-November 2013) • Open Bids 3 to 4 weeks after Advertisement • Construction Spring/Summer 2015

5 HDR Engineering Watertown WWTF Alkalinity Storage and Feed Evaluation Design March 6, 2014

Hours Fee Charge

Task

Description Task Description Principal Project Manager QA/QC Project Management Assistant Project Engineer Project Engineer Architect Structural Engineer Mechanical Engineer Electrical Engineer Electrical Designer Architectural Designer Structural Designer Mechanical Designer CAD Coordinator CAD Accounting Administration Total Total Travel Tech Printing Project Initiation Project Initiation 1.01 Project Kick‐Off Meeting & Site Visit 4 4 $640 $135 $15 1.02 Project Manual/Work Plan 1 1 4 5 2 13 $1,230 $48 Subtotal 15 040 0000000 05217 $1,870 $135 $63 $0 Options Evaluation and Basis of Design Letter Report Options Evaluation and Basis of Design Letter Report 2.01 Options Evaluation and Basis of Design Letter Report 4 1 12 2 2 1 2 2 2 2 30 $2,217 $111 $10 Subtotal 04 10120220012 2 20230$2,217 $0 $111 $10 Design Design 3.01 75% Design 2 4 10 6 24 20 10 16 12 24 24 14 6 8 180 $14,298 $666 3.02 Opinion of Probable Construction Cost – 75% 1 22111 8 $806 $30 3.03 75% Design Review 2 2 $390 $7 $25 3.04 Final Design 2 4 6 4 16 14 4 8 8 16 16 8 4 4 114 $9,844 $135 $422 3.05 Opinion of Probable Construction Cost ‐ Final 11111 5 $466 $19 3.06 Final Design Review 2 2 $390 $7 $25 3.07 Final Plans and Specifications 4 2222224 422 2 232$1,992 $118 $50 Subtotal 0 4 12 0 21 12 45 39 18 28 24 44 44 24 12 14 0 2 343 $28,186 $135 $1,269 $100 Bidding and Award Bidding and Award 4.01 Assist with Bid Phase Activities 2 6 2 2 2 3 1 2 2 1 2 25 $1,450 $20 $93 $50 Subtotal 02 00 0222312 210 00219$1,450 $20 $93 $50 Total Hours 1 15 13 4 33 12 49 43 20 31 26 48 48 25 12 16 5 8 409 Fee Estimate Note: The fee estimate is higher than a typical percentage range for new construction, due to the nature of this improvements project, tying into an existing structure, retrofitting to accomodate the addition. In addition, the structure is a small footprint which Total Labor $55,521 Total Expenses $1,986 requires similar details and specifications as a larger structure or even multiple structures, increasing the design cost on a percent of total cost basis when compared to a larger project. Total Fee $57,507

SECTION 00930 CHANGE ORDER FORM

Change Order No. 1

Date. January 10, 2014

Agreement Date May 20, 2013

Watertown Regional Landfill, Cell 5 Construction, Project #1405

Owner: City of Watertown Watertown Regional Landfill-Cell 5 Construction Class of Work: Project #1405

Contractor: A.P & Sons, Inc.

The following changes are hereby made to the Contract Documents:

Justification:

1) The OWNER requested additional area(s) be improved with gravel surfacing. The CONTRACTOR provided and installed 150.27 TON of additional gravel for the contract unit price of $14.10 per TON. The contract will be amended to add the following work = 150.27 TON @ $14.10/TON=$2,118.81 (A) 2) Modifications to the existing leachate riser structures in cells 2 & 3 were omitted from the original plans. The waste grades/fill near the cell 2 & 3 leachate risers would not allow for excavation & pipe termination to the invert of the main leachate collection trench. The CONTRACTOR was requested to modify theses risers by removing both the protective CMP risers & 6 inch HDPE cleanouts to a minimum of 4ft below grade. Similar with the plan indicated “leachate collection riser modifications” the CONTRACTOR was requested to install soil tight caps for each of the 6 inch HDPE cleanouts. The CONTRACTOR will complete this work for the contract unit price of the plan indicated “leachate collection riser modifications” at $640.00 each. See Attachment #1 (Field Order-003) as support. The contract will be amended to add the following work=2 x $640.00 = $1,280.00 (B) 3) The leachate cleanouts constructed along the northern edge of the waste limits (Cells 2-5) are located relatively close to the “as traveled” path of the perimeter access road. To protect these risers from vehicular contact as well as provide a marker for snow plowing and lawn mowing activities a bollard and/or bollard structure was installed at each riser location. The CONTRACTOR will complete this work for a unit price $956.30 each. See Attachment #1 (Field Order-003) as support. The contract will be amended to add the following work=4 x $956.30 = $3,825.20 (C) 4) Various materials and construction operations were unnecessary to complete construction

Watertown Regional Landfill, Cell 5 Construction Section 00930 April 9, 2013 105 Change Order Form

CHANGE ORDER #1

CITY OF WATERTOWN LANDFILL D CELL #5 Watertown Regional Landfill Watertown, South Dakota

HEI PROJECT NO: 7716-001 Contract No. Item Description Unit Quantity Unit Price Extension

Change Order #1 (Project closeout / Resolve Contract)

Project Deletions Test Pit Excavation HR -20 $200.00 -$4,000.00 Dewatering Trench & Piping LF -13 $15.00 -$195.00 Waste Excavation & Placement (EV) CY -2,500 $1.70 -$4,250.00 Silt Fence LF -921 $3.80 -$3,499.80 Erosion Control Blanket - Straw SY -250 $3.35 -$837.50 12" wattles LF -10 $5.60 -$56.00 Rip-rap (SDDOT Class B) CY -50 $35.00 -$1,750.00

Subtotal = -$14,588.30 Project Additions Additional Gravel Surfacing TON 150.27 $14.10 $2,118.81 Additional Leachate Collection Riser Modifications (FO-003) EA 2 $640.00 $1,280.00 Protective Bollard Structures (FO-003) EA 4 $956.30 $3,825.20

Subtotal = $7,224.01

Total = -$7,364.29

Attachment #1 (FO-003)

Watertown Regional Landfill, Cell 5 Construction Section 00930 April 9, 2013 107 Change Order Form

Dennis McAlpine

From: Tony Connors Sent: Thursday, December 05, 2013 8:11 AM To: Dennis McAlpine Subject: Re: WRLF Coordination Mtg & FO-003 Plan Clarifications & Modifications

Dennis

in response to field order # FO-003

Bollard- $956.30 EACH

the pipe modification on cell #4 should wait until spring to summer because of the amount of water in cell ( 8 to 10 ft of water). It could cause many problems trying to make that modification at this time.

On Friday 15/11/2013 at 6:00 pm, Dennis McAlpine wrote: To All,

In my absence I am proposing that the regular/weekly coordination meeting be held on Monday November 18, 2013 at 8:30 AM. Bart Schultz from HEI will conduct the meeting (he has a prior engagement at 9:00 AM). A tentative agenda of discussion items is included below:

1) Schedule update – Tony C. a. Sand Placement Operations b. Berm construction c. Perimeter ditch, access road & culvert installation d. Leachate Riser Modifications 2) Soil Testing Summary a. Status of thickness documentation – Glenn S. b. Sand drainage layer gradations – Glenn S. c. Sand drainage layer perms – Bart S. 3) Pay Request #5 a. Requested quantities – Tony C. b. Status of completed certification – Bart S. c. Required submittal dates/signatures – Sarah C. 4) Field Order #3 (Plan Clarifications & Modifications) – Bart S.

Attached is a copy of Field Order #3. The field order summarizes the various observations and requests that were discussed on my 11/14/13 site visit. See Attached. (Please print in color as changes are identified in “red”.

Please note that I will be out of the office next week November 18 – 22, 2013 on a “Mexican Pump Installation Adventure.” If you have any questions or need any additional information please coordinate with Bart Schultz directly. His contact info is as follows:

1 Bart Schultz Civil Engineer / Office Manager [email protected] Phone: 763.493.6662

Thanks,

Dennis McAlpine Professional Engineer O 763.493.4522 | D 763.493.6660 | F 763.493.5572 [ Image 6901 E Fish Lake Rd. , Suite 140 •Maple Grove, MN • 55369 ] www.houstoneng.com This entire message (including all forwards and replies) and any attachments are for the sole use of the intended recipient(s) and may contain proprietary, confidential, trade secret, work-product, attorney-client or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited and may be a violation of law. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

2 Bid Tabulation Sheet Forest Excavating Ti-Zack Concrete Inc. SIDEWALK ACCESSIBILITY IMPROVEMENTS Engineer's Estimate 306 S Commercial 39352 221st Ave Project No. 1404 Contractor Clark SD 57225 Le Center MN 56057 City of Watertown, South Dakota Ph: 605-881-4052 Ph: 507-357-6463 Friday, February 28, 2014 Fax: 605-532-5151 Fax: 507-357-6096 BID SCHEDULE A ITEM ITEMESTIMATED UNIT ITEM UNIT ITEM UNIT ITEM No. DESCRIPTIONQUANTITY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Clear and Grub Tree (3" to 24" Dia.) 1 Each $ 700.00 $ 700.00 $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,500.00

2 Remove Concrete Curb or Curb and Gutter 703 L.F. $ 4.00 $ 2,812.00 $ 5.00 $ 3,515.00 $ 4.00 $ 2,812.00

3 Remove Asphalt Concrete Pavement 1,742 S.F. $ 2.00 $ 3,484.00 $ 3.00 $ 5,226.00 $ 1.50 $ 2,613.00

4 Remove Concrete Sidewalk 3,854 S.F. $ 2.00 $ 7,708.00 $ 2.00 $ 7,708.00 $ 1.00 $ 3,854.00

5 Remove Concrete Monolithic Curb/Sidewalk 189 S.F. $ 4.50 $ 850.50 $ 4.50 $ 850.50 $ 2.50 $ 472.50

6 Placing Contractor Furnished Topsoil (4") 180 Ton $ 30.00 $ 5,400.00 $ 25.00 $ 4,500.00 $ 20.00 $ 3,600.00

7 Asphalt Concrete Composite (3") 1,742 S.F. $ 5.50 $ 9,581.00 $ 6.35 $ 11,061.70 $ 5.00 $ 8,710.00

8 Remove & Replace Concrete Fillet Section 24 Sq.Yd. $ 75.00 $ 1,800.00 $ 70.00 $ 1,680.00 $ 90.00 $ 2,160.00 Install Wtn. Modified Type B66 Concrete Curb 9 909 L.F. $ 25.00 $ 22,725.00 $ 25.00 $ 22,725.00 $ 24.00 $ 21,816.00 and Gutter or Type B Concrete Curb

10 Install 4" Concrete Sidewalk or Sidewalk Ramps 6,166 S.F. $ 5.00 $ 30,830.00 $ 4.50 $ 27,747.00 $ 8.00 $ 49,328.00 Install 6" Concrete Sidewalk or Sidewalk Ramps 11 369 S.F. $ 8.00 $ 2,952.00 $ 8.00 $ 2,952.00 $ 8.00 $ 2,952.00 with Monlithic Curb

12 Furnish & Install Detectable Warning Surface 730 S.F. $ 43.00 $ 31,390.00 $ 30.00 $ 21,900.00 $ 22.00 $ 16,060.00 Install City-Supplied Detectable Warning 13 170 S.F. $ 35.00 $ 5,950.00 $ 25.00 $ 4,250.00 $ 7.00 $ 1,190.00 Surface

14 Inlet Protection 10 Each $ 125.00 $ 1,250.00 $ 150.00 $ 1,500.00 $ 55.00 $ 550.00

15 Sprinkler Repair (Per Head) 5 Each $ 75.00 $ 375.00 $ 150.00 $ 750.00 $ 100.00 $ 500.00

Total Bid $ 127,807.50 $ 117,365.20 $ 118,117.50 Bid Security 10% Bid Bond 10% Bid Bond