ANOKA COUNTY BOARD AGENDA
FOR THE FEBRUARY 17,2015, COUNTY BOARD MEETING
9:30 A.M. County Board Room #705 - Government Center
l. Chair calls meeting to order.
2. Pledge of Allegiance.
3. Present: District #l Matt Look District #2 Julie Braastad District #3 Robyn West District #4 Jim Kordiak District #5 Mike Gamache District #6 Rhonda Sivarajah District #7 Scott Schulte
Others:
4. Tax claims and abatements.
5. Review of checks issued from Finance and CentralServices and from Human Services.
6. Approval of minutes from the January 27,2015,county board meeting.
7. Chair's remarks. A. Consider, for informational purposes, a report from the Metropolitan Mosquito Control District.
8. Committee reports. A. Management Committee report. B, Transportation Committee Chair report #1. C. Transportation Committee Chair report#2. D. Finance and Capital lmprovements Committee Chair report. E. Information Technology Committee Chair report F. Parks and Community Services Committee report. G. Property Records and Taxation Committee Chair report.
g. 10:00 A.M. - Public Hearing - to obtain comment on a proposal to issue bonds in an amount presently estimated not to exceed $2,880,000 to refund certain outstanding bonds of the county. See attached public hearing notice.
A. Consider Resolution #2015-25, Resolution Authorizing the Issuance and Sale of General Obligation Airport Refunding Bonds (AMT), Series 2015A; Establishing a Pricing Committee; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. See attached memo dated February 17, 2015, and resolution. County Board Agenda For the Meeting of February 17,2015 Page2
10. Committeeappointments:
A. Consider reappointing Robyn West to the Anoka County Community Action Program for a three-year term expiring February 2018.
See attached committee application form. ANOKA COUNTY
: MANAGEMENT COMMITTEE REPORT
l OR THE FEBRUARY 17,2075, COI.JNTY BOARD MEETING
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The Management Committee meeting was held on January 27,2075,at 8:45 a.m. in the Master Conference j Room#772oftheAnokaCountyGovemmentCenter,Anoka,Minnesota.
Present: Committee Members - Commissioner Robyn West (Chair), Commissioner Julie Braastad, Commissioner Jim Kordiak, and Commissioner Rhonda Sivarajah , Others - Commissioner Scott Schulte; Melanie Ault, Human Resources Director; Jerry ¡ Soma, County Administrator; Tony Palumbo, County Attorney; Marlene Moulton Janssen, "l Library Director; Cindy Cesare, Community Social Services & Behavioral Health Director; i Don llse, Human Services Division Manager; Andrew Dykstra, Facilities Management and ¡ ConstructionDirector;SusanVreeland,InformationTechnologyDirector;LindseyFe1gate, Purchasing Manager; Martha Weaver, Public Information Manager; and Teresa Swoyer, ,
Administrative Coordinator : ;
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All items.were approved by all committee members unless otherwise noted. l
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*Action Items L
proposed l. The Management Committee recommends approving revisions to the county Personnel l Rules and Regulations relating to the following:
A. Section I. Purpose, Adoption, Amendment and Administration of Personnel Rules and l Regulations. I B. Section II. Definitions, entire document. i C. Section IIL Employee Relations B; M. D. Section IV. Appointment Process. . E.SectionVI.EmployeeSeparation,C,G.MandatoryLeave' F'SectionXI.EmployeeBenefits,B.LeavesWithoutCompensation,I.Continuationof
Benefits Upon Loss of Coverage. : G. Section XV. Personnel Board of Appeals ' H'SectionXVII'AppendixB:RecordsandInformationSecurityPolicy. I. Section XXI. Appendix G - AccesE Control and Security Policy. f J. Section XXIil. Appendix I.
See attached memo dated Janua ry 20,2015.
*Requires board approval. Management Committee Report For the February 17,2015, County Board Meeting
Information Items
2. In accordance with the Personnel Rules and Regulations, and at the request and recommendation of the respective department heads, the Management Committee approved the consent items. See attached consent items. ! ,
3. The Management Committee recommended approving entering into Contract #2010-0006C : (renewal) with Royal Vending for vended food and beverages and office coffee service in county ji facilities for a six-month period ending July 31, 2015.
This matter was referred directly to the county board for action at their meeting of January 27,2015.
Anoka County COUNTY AÞMINIgTRATION lnformation Technology
Anoka Count¡¡
Technology Secu rity Policy December 11, 2014
This Technology Security Policy serves to:
. Ensure proper accountability and protection of any electronic information related to County business; . Maintain controls necessary for the County to operate efficiently; . Enable greater productivity for our users; . Comply with Federal and State law and Anoka County policies; and . Document a comprehensive county-wide standard for security planning and execution Anoka County Technoloov Securitv Policv
Page 2 of 19 Anoka County Tech n ol ogy S ec urity Pol i cy
1.0 Introduction
The use of technology resources permeates our everyday work life. When used properly, our tecþnology resources greatly enhance our job productivity and efficiency. This security policy sets out rules and umbrella guidelines that can be used in the protection of our data and technology resources, and serves as the foundation for the County's technology security infrastructure. This document addresses the security of our technical infrastructure, and the expected behavior of the users of our electronic systems. lt is your responsibility to secure and protect the information you access as a part of your job.
Ensuring the security of the County's technology resources is critical to maintaining the confidentiality, integrity, and availability of our data and other electronic information assets.
This policy was originally adopted by the Anoka County Board of Commissioners on December 10, 2007, and revised on October 21,2014.
Managing Risk It is impossible to eliminate all risk. Therefore, security measures will be taken to reduce risk to a reasonable and appropriate levelto ensure the confidentiality, integrity and availability of all electronic data created, received, disseminated or maintained by Anoka County. With all security decisions, it is important to keep in mind what can be done to reduce risk to an acceptable level, given the criticality of the outcome and the limitations faced. Keeping the risk of the outcome in mind will help to formulate decisions about the level of security required for an electronic information asset.
Acceptable risk will be defined through identifying the County's technology risk exposures, examining the various alternativès to either eliminate or reduce those exposures, selecting the appropriate alternativê(s) to dealwith each risk, implementing the most feasible alternative(s), and monitor the alternative(s) for the purpose of altering or improving the risk exposure.
Securing our lnformat¡on Technology resources are exposed to multiple threats and therefore, securing our resources must include administrative, technical and physical safeguards to protect against these threats. For example, our security environment includes the use of such measures as firewalls, encryption, passwords, anti-virus software, and physical locks, just to name a few. User awareness and protection is another layer of defense that is important to our security protection. Please always keep security in mind in the use of your technology resources. 2.0 Purpose
This policy documents a comprehensive County-wide standard for technology security planning and execution to ensure that the County's electronic information assets are protected against destruction, theft, loss, unauthorized access, unauthorized change, and disruption of service. This policy shall serve as a foundation for the County's technology security infrastructure in accordance with the Anoka County Personnel Rules and Requlations, the Anoka County HIPAA Policies the Anoka County Data Policies, and describes the required actions to ensure the security of technology resources. Each County division, department, and office should align specific security requirements, programs, processes, and procedures in accordance with this policy and based on their business needs.
Page 3 of l9 Anoka County Tech n ol osv Sec u rîty Pol i cv
Technology is ever-changing and never static. Accordingly, security practices and policies must be adapted to those changes. This policy was created to be applicable to the County's changing needs and security requirements. ln order to provide for the ability to accommodate rapid changes in technology, attached to this policy is the Technology Security Policy Supporting lnformation document. This document was de5igned as a supplement to this policy in order to address changes in technology and security specific terminology infrastructure standards, password guidelines, incident reporting, and associated technology usage agreements for County employees and vendors. The Anoka County Board of Commissioners authorizes the Director of lnformation Technology to routinely make modifications or updates to the Technology Security Policy Supporting lnformation document in order to protect Anoka County's electronic information assets.
The Technology Security Policy is intended to protect the confidentiality, integrity, and availability of our data and other electronic information assets, wherever they may reside or however they are accessed. Due care must be exercised to appropriately piotect the County's electronic information from origin to destination, both internal and externalto the County information systems and networks. For this policy document, the following definitions apply:
. Confidentiality means that an electronic information asset deemed sensitive or not-public is protected to make it unavailable to those who do not have the necessary approvals to access it. . lntegrity means that the electronic information asset is correct and has not been altered or corrupted during transmission, processing, or while in storage. lt also means that programs, applications, procedures, and systems function with appropriate protections and controls. . Availability means that access to an electronic information asset, such as data or an information system, is not denied to an authorized user.
Security is critical to the success of technology initiatives and acquisitions. Each technology project must include a security review to ensure that policies are followed and electronic information assets are protected. Each County division, department, and office is responsible for defining their specific security requirements, documenting procedures, and implementing appropriate security processes in support of this Technology Security Policy and other documented guidelines. The Department of lnformation Technology, in conjunction with County divisions, departments, and offices will provide security training and education to County employees and vendors to facilitate security awareness throughout the County.
Anoka County strives to keep private, confidential and not-public data private and confidential while ensuring transparency and public access to all public data. Pursuant to Minnesota Statute Section 13.05 subd. 5 and Administrative Rule 1205.044 subpart 2, it is the policy of Anoka County that its employees do not access private, confidential or not-public records or information unless their work assignments reasonably require access to such records. The ability of authgrized individuals to enter, update, or access data is limited through the use of role-based access that corresponds to the official duties or training level of the individual as assigned by that employee's supervisor. Unauthorized access may result in discipline up to and including termination as well as potential criminal sanctions.
Page 4 of 19 Anoka County Tech n ol ogy Sec u ríty Pol í cy
2.1 Objectives This policy includes the following objectives:
. Ensuring the safe keeping of el-ectronic information assets; . Establishing county-wide standards of acceptable behavior for information security; . Creating a reference document to be used for establishing information security controls,
compliance, and incident reporting ; . Assisting with meeting legal and authoritative regulations; . Protecting electronic data and information integrity, confidentiality and availability; and . Providing security enforcement mechanisms. 2.2 Scope This policy covers allAnoka County electronic information assets supported or maintained by the Department of lnformation Technology, and applies to all employees, vendors, contractors and officials of Anoka County. 2.g Authority and Compliance All County employees, vendors, contractors, officials or other personnel using county electronic information assets as deflned in $1.2 Scope, are responsible for complying with this policy and any related guidelines, procedures and processes. Anyone becoming aware of violations of this policy must immediately report the violation to their immediate supervisor. The supervisor shall notify Risk Management and the Help Desk.
Failure of an employee to comply with any of the provisions of this policy shall be considered Just Cause for discipline under the Anoka County Personnel Rules and Regulations, any Union Contract or Employment Agreement then existing between the County and the employee up to and including termination of County employment.
Use of any outside vendor, Application Service Provider (ASP), partnership, consortium or alliance for processing of electronic information, must be monitored and reviewed by the responsible County division, department, or office to ensure compliance with this policy, and any related guidelines. This will be accomplished through contractual commitments with provisions to permit auditing and monitoring to ensure compliance.
2.4 ContingencyPlanning These policies have been developed in conjunction with on-going disaster recovery planning. lnformation assets considered critical, essential, urgent, necessary or important to County operations must include a detailed disaster recovery plan to minimize impact disruption or unavailability. County divisions, departments, and offices must also ensure that alternative business plans have been developed and implemented for all business processes related to the processing of electronic data in the event that the related information system becomes disrupted.
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3.0 Roles and Responsibilities
The implementation of a security policy requires the participation of all users. The responsibility for control over access to information systems is a responsibility shared by the Department of lnformation Technology and the County divisions, departments, and offices. lndividual access control decisions should be assigned based on the job duties and responsibilities using the concept of "least privilege", which means that individuals are only given access and system rights necessary for completion of job tasks. 3.1 Security is Everyone's Responsibility The following security responsibilities are shared by all: . Participating in information security awareness program activities; . Reporting security incidents; . Complying with the County's Technology Security Policy, security guidelines, and any related procedures and responsibilities; and ¡ Protecting Anoka County electronic inforrnation assets from unauthorized access use distribution, disclosure, or destruction. 3.2 Users of Information Technology lnformation users are the individuals, groups, or organizations authorized by Anoka County to access electronic information assets. Users have a responsibility to use electronic information assets only for the intended purpose. lf the user has a question about the appropriate or the intended purpose of electronic information assets, the user must check with the appropriate system supervisor or manager for clarification.
Anoka County elected officials, appointed officials and employees shall not access private, confidential or not-public records or information unless their work assignments reasonably require access to such records. Unauthorized access may result in discipline up to and including termination as well as potentialcriminal sanctions. 3.3 Privileged User A privileged user is a system administrator or other person with higher level system access who may be responsible for managing access to electronic information assets. Privileged users must only be given incremental access. Privileges will be granted to only properly qualified and trained County- authorized personnel. An increase in system access privileges must only be granted to the extent required by the job function of the privileged user, and as the level of trust with the privileged user increases. 3,4 Managers and Superuisors Managers and supervisors are responsible for determining job functions and tasks as they relate to system access for electronic data and information assets. They must ensure that system access is not granted beyond what is necessary for the individual to perform their job duties. Managers and supervisors must also ensure that the Technology Security Policy, security guidelines, and any related processes and procedures are followed, including the completion of a Business Associate Agreement for HIPAA Compliance
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3.5 Data Owners Data owners are individuals who have responsibility for the integrity, accurate reporting and use of electronic data. Administrative privileges for County information assets must only be granted to data owners where a business need is justified. Data owners are responsible for documenting and approving privileges. Segregation of duties must be employed to enhance the control over procedures where both the risk from, and consequential impact of, a related lnformation security incident would likely result in financial or other material damage to the County. Data owners need to periodically review access rights to determine the level and continued need of access rights for authorized users.
Data owners are responsible for ensuring that the appropriate data retention schedules for documents and records are being followed. Data owners must also take into consideration all County, State, Federal and any other pertinent rules or regulations related to their data in accordance with the Anoka County Personnel Rules and Regulations, the Anoka County HIPAA Policies and other applicable policies. 3.6 Department of Information Technology The Department of lnformation Technology will be responsible for maintaining County-wide security measures for the protection of electronic information assets including: policy development and documentation, virus and malicious software protection, firewalls, security assessments and audits, and coordinating the use of other security-related tools. ln addition, the Department of lnformation Technology will provide consultation and leadership for security-related education, and the development of detailed processes and procedures within the framework of the Technology Security Policy.
The Department of lnformation Technology has several roles and responsibilities including, ensuring that: . Enforceable security policies are documented and disseminated; . Education and consultation is provided to County divisions, departments, and offices to facilitate security awareness; . Reasonable security measures are taken and processes are in place to protect the County's information assets; . System resource usage is managed and monitored; and . Security incidents are investigated, escalated, and remediated. 4,0 Sysúem Lifecycle lnformation security is a continuous process and must be considered throughout the lifecycle of electronic information assets. Therefore, the acquisition, installation, implementation, asset inventory, maintenance, back-up and disposal of electronic information assets must be made within the framework of the Technology Security Policy, related guidelines' and in coordination with the Department of lnformation Technology. 4.1 Acquisitions and Drsposa/s Purchases All purchases of hardware and software must be made in consideration of the Technology Security Policy, Policy Supporting Documentation, county financial policies, and technical standards. County
Page 7 of l9 Anoka County Technoloqv Securitv Policv divisions, departments and offices must be familiar with related license agreements and ensure their compliance.
The Department of lnformation Technology will coordinate with the County Purchasing Office to determine hardware and software acquisition guidelines. Deviations or exceptions to the standards will be made based on business need and requirements. Product specifications must take into consideration business requirements, security, reliability, capacity, technical environment, ongoing maintenance, and recovery requirements. The Department of lnformation Technology will work with County divisions, departments, and offices to determine the best solutions for their requirements. Technology support, outsourcing or information hosting provided by outside vendors, contractors or other service providers must be coordinated with the Department of lnformation Technology. Technology services provided by outside vendors, contractors or other service providers must operate in accordance with the County's Standards and the Technology Security Policy and related guidelines.
Disposals County divisions, departments, and offices must dispose all surplus electronic information assets once the asset is decommissioned. The following must be considered with the disposal of electronic information assets: . Ensuring that all data is effectively removed; . Ensuring that the disposal of physical information assets is coordinated with the County Purchasing Manager, who has the authority to dispose of surplus, scrap, excess, or obsolete County property and regulate its disposal in a manner, deemed to be in the County's best interest. The County's Purchasing Manager must ensure that the electronic information asset is cleared of any County information by a vendor that is DOD (Department of Defense) standard compliant. . Ensuring that the disposal of data or electronic information complies with the Anoka County record retention policy, Minnesota statutes, and any Federal regulations. 4.2 Sysúem Implementation and Maintenance The lifecycle of electronic information assets includes the implementation and maintenance of information systems with consideration given to developing change and version control processes, maintaining asset inventories, developing appropriate plans for system recovery, and developing plans for ongoing maintenance. Within this lifecycle, there is a need to ensure safe, secure, and reliable systems as well as maintaining the confidentiality, integrity, and availability of data. Systems developed by Anoka County must meet business requirements and specifications, be compliant with technical standards, this Policy, Minnesota and Federal laws, related guidelines, and be cosleffective and easy to maintain. Lifecycle management practices include the ongoing evaluation of systems for adherence to applicable laws, policies, guidelines, processes and procedures.
System lmplementation lmplementation of information assets includes the use of software, databases, hardware and communication infrastructure, and must take into account the development of system recovery procedures, system documentation, the adoption of new manual procedures, and the processes for on-going system maintenance. Planning for the implementation of hardware and software must be coordinated with the Department of lnformation Technology. User practices and needs must be taken into consideration in the customization or development of software systems. All systems must be appropriately documented and tested prior to operational usage. Procedures
Page8ofl9 Anoka County Tech n ol oqv Sec u ritv Pol i cv
and access controls must ensure compliance with applicable laws, policies, guidelines, processes and procedures, and provide for the confidentiality, integrity and availability of data.
Version control procedures must be used for system development and deployment. Adequate documentation must be maintained for historical reference, audit trail and change control.
All systems must be tested and accepted before being transferred to the production environment. Upgrades and updates to hardware and software must be properly tested by appropriately trained and authorized personnel before they are moved into the production environment.
Backup and Recovery The Department of lnformation Technology will update and maintain a disaster recovery plan that reflects the recovery time objectives for data and applications as determined and prioritized by County leadership.
lnformation Technology will develop procedures to ensure that the backup of data meets the relevant recovery requirements based on the nature of the outage or disaster. The Department of lnformation Technology will maintain data backup guidelines that further define the process for the secure backup and storage of data files and software both onsite and offsite. The offsite storage facilities will be periodically reviewed to ensure proper security.
Any data maintained separately from the central county network must have a documented data backup and recovery procedure, which is the responsibility of the business unit Data Owners. The Department of lnformation Technology maintains an inventory of all county owned Servers, PCs, Laptops, and Tablets.
lnventories of other County electronic information assets including hardware and other electronic devices should be maintained by the County divisions, departments, and offices. County divisions, departments, and offices are responsible for updating and communicating changes in their hardware inventory to the Department of lnformation Technology.
Ongoing System Maintenance Electronic ínformation assets require ongoing upgrades and system maintenance, which must be coordinated with the Department of lnformation Technology. Periodic reviews of information systems should be performed to ensure that systems are adequately protected from undue risk. A security patch and update procedure must be established and implemented to ensure that all relevant security patches and updates are promptly applied based on the severity of the vulnerability. Patches to resolve software bugs may only be applied where verified, tested by the appropriate parties, documented and authorized by the Department of lnformation Technology. 5.0 Data Security
It is important that Anoka County use safeguards to protect its electronic data assets from unauthorized release, use, or destruction. Safeguards can include, but are not limited to: physical controls, user procedures, and hardware and software tools. Access to data must be carefully controlled, ensuring that only authorized personnel have access. Each County division, department, and office must ensure only authorized personnel are granted and retain access to electronic data.
Page 9 of 19 Anoka County Technoloqv Securitv Polícv
5.1 Access Control The responsibility for control over access to information assets is a shared responsibility of the Department of lnformation Technology and County divisions, departments, and offices. lndividual access control decisions should be assigned based on the job duties and responsibilities necessary for the completion of job tasks.
User Accounts Each user must be assigned a unique personal identifier or user LD. User identification must be authenticated before the system grants access to electronic data. Authentication is the process of verifying the identity of a user who is logging onto a computer system or verifying the origin of a transmitted message.
Access decisions about user accounts must be documented by the data owner. Data owners are responsible for ensuring that verifiable authorization is in place for the creation and termination of accounts. Accounts must be disabled upon employee termination, contract completion, or a period of inactivity. Verifiable authorization includes ensuring that the user accessing the system has the appropriate role and responsibility, is a legitimate user, and is who they say they are.
Passwords Passwords must be strong and well-guarded. Users are responsible for choosing secure passwords. Users must not divulge their passwords to others such as coworkers, or supervisors, or store passwords in an unsecured location. To account for lost or stolen passwords, data owners must institute procedures to verify the identity of the person requesting the reset of a password. For guidelines to creating passwords please visit the lT section of the County lntranet. 5.2 Súorage Media and Transport of Daita Security must be considered when using electronic media for the storage and transport of data. Electronic media refers to any device or material that holds or transfers data in an electronic format, including the cloud. All users must consider the sensitive or non-public nature of the data, and the potential risk to the data when determining appropriate measures to safeguard storage or transport of electronic data. Any user that stores data on portable media must ensure the security of that data or media device and comply with required storage practices.
Required storage practices must be followed and include ensuring that: . Private or confidential data is only transferred across networks or copied to other media when the confidentiality and integrity of the data can be assured through such techniques as encryption; . Private or confidential data may not be saved to any unencrypted portable media; . Retention policies and ease of access are considered when reviewing alternaiive storage media; . Avoid leaving equipment in vehicles unless necessary, never leave unatténded overnight; . Portable hardware, devices and accessories must not be left in an unoccupied vehicle unless the vehicle is locked and the equipment is stored out of sight; . When a user terminates their employment with the County, the supervisor is responsible for verifying that all portable hardware, devices and accessories are returned and the proper documentation is completed;
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The data is not stored on portable media unless the data is also available in a secondary location for future recovery and is protected from unauthorized access or theft; and A backup of the data is created, tested and is accessible.
5.3 Malicious Software The Department of lnformation Technology will take steps to minimize the risk posed by malicious software. Malicious software may be introduced to the County network in a number of ways. All users of electronic data are responsible for recognizing and immediately reporting, suspected occurrences of malicious software and using reasonable precautions to prevent the introduction of malicious software. Precautions to prevent the introduction of malicious software should be taken when importing data onto computers through portable media or other electronic means such as through electronic mail, file transfers, or downloading from the internet. Prior to downloading any files or information from portable media to the County network, it is recommended that the Help Desk scans the files on the device for viruses. lf you need assistance, the Help Desk can be contacted at 763-323-5959. 5,4 Copyrights It is the responsibility of County divisions, departments, and offices for assuring that.commercial software is used only in accordance with licensing agreements, and that any proprietary software is properly licensed prior to installation on County equipment. 6.0 Proper Access to and Use of Electronic Information Asseús 6.1 GeneralÁccess and Use A. Electronic lnformation Assets are available in many formats to Anoka County employees, officials of Anoka County, vendors, contractors and other personnel using county electronic information assets. ln addition to the previously outlined procedures, the following guidelines govern access to and use of all electronic information assets provided to you by Anoka County.
For the purpose of this policy, Electronic lnformation Assets are defined as including:
Hardware (which includes Servers, and Network Equipment Desktop PCs, Laptops, tablets, cellular and non-cellular telephones and any other fixed or portable technology that accesses or stores County information; Software; Third party provided tools, to include cloud-provided services or applications / "apps"; Personally-owned devices used to access or store County information; County owned data created, reviewed, saved or stored to any electronic system; Personal data created, reviewed, saved or stored to any County owned electronic system; Network connectívity and associated technologies to connect to the County network; The County's lnternet connection; and The County's email system
Access to and use of electronic information assets is provided by the County for employee use. Department heads, division managers, and County officials will decide which of their employees or
Page ll of19 Anoka County Technoloov Securítv Poli cv devices will be granted network and internet access. Nonexempt employees shall not access County technology assets outsíde of standard work hours, without prior permission. It is each individual employee's responsibility to insure that any use of the network, County email internet access, and any other electronic information asset is in accordance with this Policy and any other County policies. Employees must proceed in their access to and use of electronic information assets regardless of the medium used, with the expectation that the access may be reviewed by any authorized representative of the County for any purpose related to County business. The County, in its discretion, may use computer programs that monitor activities related to use of County technology, checking for particular words, actions or patterns of activity, or for purposes of assuring system security and compliance with County policies. Electronic asset usage by an employee may be reviewed to determine whether there have been any breaches of security, or violations of County policy on the part of the employee. Electronic communications may be reviewed by the appropriate supervisor or other county officials in accordance with the process outlined by the County Attorney's Office. All County assets and information are County property and are subject to the requirements and restrictions of all applicable State and Federal Statutes and Regulations concerning the collection, creation, storage, maintenance, dissemination and access to information created andior maintained by the County including, but not limited to, the Minnesota Government Data Practices Ait. The County reserves the right to access and disclose all information created, accessed saved or distributed for any purpose not specifically prohibited by Statute or Regulation. All devices, whether County issued or personally owned, used to access County information and conduct County business are subject to discovery pursuant to the Minnesota Government Data Practices Act or such other applicable State or Federal Statute or Regulation. It is the intention of the County in the use of the County's Electronic Mail System that such data and information contained in or attached to such messages is not an officialtransaction of the County. The County's Electronic Mail System is meant to be a temporary medium for the transmission of data. All records required to be maintained pursuant to any applicable Statute or Regulation shall be maintained separate from the County's Electronic Mail System.
B. Allowed communication with third parties (Non County Employees) . The County Electronic Mail System is open to all state agencies, political subdivisions, and the public to provide a means by which members of state agencies, political subdivisions, and the public may communicate with the County. o Messages sent between the County and members of state agencies, political subdivisions, and the public may be used by the County for any Government or Business purpose. . Members of state agencies, political subdivisions, and the public who subscribe to the County's electronic mail system will be informed of applicable rules and will be required to agree to County policies with respect to access and disclosure of electronic rnail messages. . Always use care in addressing messages to ensure messages are not inadvertently sent to Non-County Employees that are meant only for County Employees.
C. Electronic lnformation Assets may not be used for "snooping" . lt is a violation of County policy for any employee or County official to use the electronic mail or other lnformation Assets for purposes of satisfying idle curiosity about the affairs of others, with no work-related purpose for obtaining access to the files or communications of others. Page 12 of 19 Anoka County
D. Monitoring for Security Violations
. The County reserves and intends to exercise the right to access the contents of electronic mail communications for any business purpose. . The electronic mail system is provided by the County for your use as an employee. you should treat it like your shared filing systems - with the expectation that messages sent on County business or with the use of County facilities will be available for review by any authorized representative of the County for any purpose related to County business at any time. r Electronic mail communications of an employee may be utilized to determine whether there have been any breaches of security, violations of County policy, or other violation of duty on the part of employees. Electronic communications may be reviewed by the appropriate supervisor or other county officials in accordance with the process ouflined by the County Attorney's Office.
\ . The County, in its discretion, may use computer programs that monitor electronic mail messages electronically, checking for particular words or patterns of activity, for purposes of assuring system security and compliance with county policies.
E. Limitations On Disclosure And Use Of lnformation Obtained By Means Of Access Or Monitoring
' The contents of electronic mail sent by, between, and/or to County Employees may be disclosed within or outside the County without the permission of the emplóyee at any time for any purpose deemed necessary by the County subject to any limitationð imposeá by any applicable State and Federal Statutes and Regulations concerning the collection, creation, storage, maintenance, dissemination and access to data creãted and/or maintained by the County, including but not limited to the Minnesota Government Data Practices Act.
F. Publishing on The lnternet
. Anoka County recognizes the value and potential of publishing on the lnternet. Departments must work with the County's Public lnformation Department to determine how their presence on the Web site will be developed to promote cohesiveness and prevent duplication of effort.
. Contents of all electronic pages must be consistent with Anoka County's policies and procedures and local, state, and federal laws. Electronic publications are subject to the same County policies and standards as print publications. Departments may work with the County's Web Site Coordinator to create electronic home pages or publicatión pages that are intended for officialAnoka County business. ' Web pages on the official Web site of Anoka County may contain links to pages on Web sites that are not controlled by or under the authority of Anoka County Government. Departments should work through the Public lnformation Departmenito communicate recommendations relating to links to non_County websites. 6.2 Personal Use of County Electronic lnformation Assefs While incidental and occasional personal use of the County's electronic ínformation assets is permitted, such use will be treated no differently than accessing County electronic information assets for business purposes. Anoka County is not responsible for any personal information created, accessed, saved or distributed when using County electronic information assets for personal
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purposes and the employee acknowledges that any such information is subject to discovery pursuant to the Minnesota Government Data Practices Act or such other applicable State or Federal Statute or Regulation. lncidental and personal use of County electronic information assets is subject to all limitations specified in this policy, the County Anoka County Personnel Rules and Regulations, and complies with the following: . Does not interfere with County business usage; . Does not interfere with employee's job activities; . Does not interfere with another employee's job activities; . Does not transmit or receive any material in violation of any Federal or State laws or regulations; . Does not result in an additional or unapproved expense for the County; and . Does not contain or infer threatening or inappropriate content for the County work environment, including, but not limited to, intimidating, sexually oriented, obscene, offensive; or abusive material and/or language.
A. Prohibitions on the Use of County Electronic lnformation Assets
It is a violation of this policy for any County official or employee to: . Use the County's technology resources for purposes of satisfying idle curiosity about the affairs of others, with no work-related purpose for obtaining access to the files or communications of others. o Access, distribute or create any material that is a violation of the Anoka County Personnel Rules and Regulations. . lntentional or malicious actions which would interfere with the operation of the County network or the work of others on the network. This would include, but is not necessarily limited to, excessive downloading of programs or data, or adversely affecting available bandwidth or other network redources, including storage space. . Misrepresent their identity or affiliation in any communications. . Send harassing, intimidating, abusive or offensive materialto or about others. . lntentionally intercepting, disrupting or altering electronic communications packets (without necessary authorization). . Using another employee's identity.and password. The sharing of credentials should be limited to County employees that ¡ìrust share a workstation with other County employees. . Accessing private data for which there is no business or job-related need to do so. 7.0 Wireless Devices
Wireless devices are one means used to access County technology. All of the rules and regulations outlined in the Technology Security Policy apply to the use of wireless devices. Additional regulations relating to wireless devices are outlined in this section.
Page 14 of 19 Anoka County Technology Security Polícy
7.1 Information Technology Requiremenfs . The Anoka County Board authorízes the Director of lnformation Technology to review and authorize a list of acceptable Operating Systems and other wireless technology security - requirements to ensure the County complies with security and privacy requirements pursuant to Minnesota and Federal law, and County requirements as follows: . A County-owned wireless device must utilize an Operating System and other security requirements approved by the Director of lnformation Technology. . Any personal device used to access County information must utilize an Operating System and other security requirements approved by the Director of lnformation Technology. . lnformation Technology is responsible for activating e-mail access on wireless devices and supporting the ability to access County e-mail and County business features, (e.9., contacts, calendar, tasks from the County e-mailsystem).
The Employee is responsible for the support of wireless device features and accessories such as 3rd party apps, media, contacts, device preferences, and other non-County business features.
The Operating System requirements and other security requirements change as technology evolves. For a list of current requirements, please reference the Technology Security Policy Supporting Documentation.
7.2 County Financial Policies
. Plan costs and costs reimbursement (if applicable) are detailed in the Counties Financial Policies.
7.3 Personalty Owned Wireless Deyices
The Division Manager Department, Head or authorized Supervisor may:
Authorize staff to use their personal wireless device for County business, if the device meets the Operating System and any other security requirements recommended by the Director of lnformation Technology. All County employees using wireless devices for County business must comply with all applicable Federal, State and Local laws and County policies.
Responsibilities
Division Managers, Department Heads or authorized designee is responsible for: . Ensuring that staff is educated on procedures to securely access County information on a wireless device; . Authorizing staff to use personal wireless devices for County business, if the wireless device meets the requirements recommended by the Director of lnformation Technology; and . Keep wireless device records on file as required by the business units Records Retention guidelines.
Page l5 of 19 Anoka County Technoloqv Securit
Any employee who would like to connect their personalwireless device to the County e-mail system must obtain approval from their Division Manager or Department Head and agree to the terms of the policy.
7 .4 Remote Access
Remote access must be controlled, secured and approved by the Department of lnformation Technology. Remote access to the County's network and computer systems will only be permitted:
. Through approved devices; . By authorized users that are authenticated; . Where the data is encrypted, and . Where privileges are restricted.
All dial-up access points will be managed and maintained by the Department of lnformation Technology. The unauthorized installation or use of devices to support dial-in access, wireless devices, or other non-county approved devices is prohibited.
County technology standards, policies, guidelines and procedures must be followed for any access through remote devices. Each County division, department, or office must establish procedures to ensure that remote workstations and mobile devices are utilized according to the County-wide Security Policy, and guidelines.
Remote access for third party administration of County computer systems, or County network devices must be approved by the Department of lnformation Technology. Third party access will require a signed Anoka County Technology Usage Agreement (see Supporting lnformation) by each person that requires access. i 7.5 County Owned Wireless Devices
Purchasing is responsible for: . Maintaining an inventory of all county owned wireless devices. This inventory will be provided to the Department of lnformation Technology as needed for security purposes. . Conducting an analysis of the wireless devices and plans as necessary to ensure that the County is utilizing the best value wireless service providers, in conjunction with the security requirements of the device as determined by the Department of lnformation Technology. . lf activating phone or data service (applies to County owned devices), activate service with service provider and notify lnformation Technology to have email service enabled. . Work with County units to acquire wireless devices in accordance with County Purchasing Policies.
For information on backing up data from a wireless device to the cloud, please see section 8.3 Cloud based Storaqe and Cloud based Application Service Providers (ASPs).
Pagel6ofl9 Anoka County Tec h n ol ogy S ecuríty Pol i cy
8.0 Data Communication and Network Security
Physical and electronic access to the County's data communication and network, including related hardware, software and cabling, must be qecure and well protected. Data communication and network security is related to the following infrastructure: . The County's local and wide-area communication network; . The County's internalwireless network; . Cloud-based Application Service Providers (ASPs) add definitions to appendix; . Cloud- based storage add definitions to appendix; . Virtual Private Networks (VPN's); and . Any other County data communication system. 8.1 Access to the County's Network Access to the County's network and devices is controlled by the Department of lnformation Technology and only granted to trained and qualified personnel with careful consideration of potential risks, security issues, and applicable statutes and rules. Password policies for accessing network devices such as switches, routers, and firewalls is restricted based on the concept of least privilege and with appropriate consideration of security issues. Passwords must be complex, kept confidential and not shared with others. Passwords for network devices must be changed periodically, and access must not be left active after an employee termination, contract termination, or if access is no longer required for completion of job tasks.
All devices, whether County issued or personally owned, used to access County information and conduct County business are subject to discovery pursuant to the Minnesota Government Data Practices Act or such other applicable State or Federal Statute or Regulation.
8.2 Network Firewall Network Firewalls must be configured to support the following minimum requirements: . County network access will be limited to allow for only legitimate or established connections. An established connection is defined as a connection that receives traffic in response to a request submitted from within the County's secure network. . Any exception required of the firewall for inbound traffic to the County's network, such as access from a workstation outside the County network or access through a Virtual Private Network (VPN), must be approved by the Department of lnformation Technology. . Access through console and other management ports must be appropriately secured or disabled. . Failed access attempts must be logged and the logs must be periodically reviewed. . Allfirewall hardware must be located in a physically secure environment.
PagelTofl9 Anoka County T,
8.3 Ctoud based Sforage and Cloud based Application Service Providers IASPs) As the County continues to pursue options for secure cloud based storage and services, opportunities will arise to conduct more business "in the cloud".
Divisions, Departments and Offices considering an Application Service Provider (ASP) application solution should work with lnformation Technology to determine if the security standards of the service provider meet County security standards. Extra consideration should be made if the potential cloud solution will store or process unencrypted, sensitive, private or HIPAA related data. 8.4 Network Design The County network must be designed and configured to provide controlled access to County computer systems while preventing unauthorized access, administrator abuse, and general physical and iogical harm. The Department of lnformation Technology must use best practices in configuring and managing the County's network to minimize downtime, create redundancy, maintain integrity, provide maximum performance and enhance security.
Documentation related to physical and logical network diagrams, network devices, access lists and other network configurations must be kepl up-to-date and readily available to the authorized staff supporting or maintaining systems. The documentation must be reviewed and updated annually. All critical equipment owned, leased or licensed by the County must be supported by appropriate maintenance vendors with qualified, trained and certified engineers' 8.5 Encryption Encryption or other security techniques must be used for Private or Confidential data that will be stored in a non-secure location or transmitted outside of the County network (such as over the internet). The Department of lnformation Technology will coordinate and approve all encryption products and other security techniques.
One security technique used to minimize the risk of information loss or exposure is two-factor authentication. Using this technique, each user has something they "own" and something they "know" to validate access to Private or Confidentialdata. Something they "know" is their user name and password. To provide for additional security, in case a password is stolen, users that access the network remotely are also required to utilize something they "own", referred to as a security token or FOB.
The distribution of security tokens must only be made through appropriate, secure and approved methods. Assignment and management of tokens is restricted to authorized and trained personnel in the Department of lnformation Technology. 8.6 Cabling Network cabling must only be installed and maintained by authorized, trained, and certified cabling personnel and vendors, approved through the Department of lnformation Technology. All network cabling must be installed to the County's current cabling technology standard.
To ensure the integrity of the County's network, access through physical wall jacks must be controlled, secured and approved by the Department of lnformation Technology. Any unused network walljacks should be disabled. The Department of lnformation Technology can be contacted if an actíve network jack needs to be disabled.
Page 18 of 19 Anoka County Tt 9.0 Supporting Documentation
As noted on page four, in support of this policy is a document titled "Anoka County Supporting lnformation". That document contains the following:
1) Explanation of Terms - An explanation of technical definitions containèd in this policy. 2) lnfrastructure Overview - Documentation related to the current technology standards in the County. 3) Password Guidelines - Recommendations for users on creating strong passwords. 4) lncident Reporting - Details the process for reporting technology related incidents to the ' County's Help Desk. 5) Wireless End User Agreement(s) - Usage agreements related to access to County information via portable devices 6) Anoka County lnformation Technology Usage Agreement - This agreement requires acceptance and signature by all vendors and temporary employees that access County systems for the purpose of implementation, troubleshooting, or maintenance. 7) Business Associate Agreement - This agreement is required for a person or entity that performs or assists in the performance of functions or activities related to HIPAA Data.
Page l9 of19 ANOKA COUNTY
CONSENT ITEMS
FROM THE JANUARY 27,2015, MANAGEMENT COMMITTEE MEETING
Reclassifications as recommended by the Human Resources Director. See attached dated January 27,2015.
2. Travel requests at the request and recommendation of the respective department heads in accordance with the Travel and Expense Policies:
A. Rick Kraus, HVAC Specialist - Facilities Management and Construction - to attend Unitary/SBClBACnet Controller Workshop - Export, PA - 5 days, March 2015 - costs to include $1,890 registration, $700 lodging, $325 meals, and $600 airfare and ground transportation.
B. Dr. A. Quinn Strobl, Chief Medical Examiner - Human Services/lvledical Examiners Off,ice - to attend American Academy of Forensic Sciences 67ft Annual Scientific Meeting - Orlando, FL - 6 days, February 2015 - costs to include $695 registration, $43 mileage, $l,080lodging, $300 meals, and $616 airfare and ground transportation.
C. Craig Christenson and Andy Mallum, PC Technical Services Supervisors - Information Technology - to attend a technical training related to Microsoft Systems Center Confrguration Manager (SCCM) - Online/remote training - February 2015 - costs for each to include $1,562 registration. Human Resources Department Recommendations for Reclassification
Incumbent Present Title Proposed Title Present Approved Department Effective Grade Grade Date f .cwel f .awcl
ANDERSON.FERDINAND, HEIDI LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 011271201s BACKMAN, ANTONIO LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 0112712015 BODENHAMER, MAT-| LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 o LIBRARY 0112712015 BOELLSTORFF-WILLIAMS, ANN LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 0112712015 BOGAN, LAURA LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 0112712015 BOUMA, CAITLIN LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 0112712015 DOHERTY, DAWN LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 01t27t2015 EGBERT, ANDREA LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 0112712015 GAMMELGAARD, ELIZABETH LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 0112712015 GLOE, THERESA LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 o LIBRARY 0112712015 GODIN, LORI LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 0112712015 HELGESON, CHERYL LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 b LIBRARY 0112712015 HORBUL, NATASHA LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 0112712015 JUNG, TERESA LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 01t27t2015 KOCHOLEK, CHRISTINA LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 0112712015 MANKODI, SANDHYABEN LIBRARY SERVICE ASSISÏANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARú 0112712015 MARKO, BRENDA LIBRARY SERVICE ASSISTANT II LI BRARY SERVICE ASSISTANT 5 6 LIBRARY 01t2712015 NEUERBURG, DIANA LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 Þ LIBRARY 01t2712015 PANZER, MARTHA LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 0112712015 ROBERTS, ELIZABETH LIBRARY SERVICE ASSISÏANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 01t2712015 ROBERTSON, CHERYL LIBRARY SERVICE ASSISÏANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 01t2712015 RYDEN, DELANEY LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 0112712015 SANCHEZ, BARBARA LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 01t2712015 SANDAHL, HEATHER LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 01t27t2015 VAN HEUVELN, ERIN LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 0112712015 WHELDON, KRISÏEN LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 0112712015 WHITE, BARBARA LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 6 LIBRARY 0112712015 YOUCHA, MICHELE LIBRARY SERVICE ASSISTANT II LIBRARY SERVICE ASSISTANT 5 b LIBRARY 0112712015 HODEL, JOJEAN LIBRARY SERVICE ASSISTANT II ACCOUNTING CLERK 5 7 LIBRARY 01t27t2015 HOGDAL, KIM LIBRARY SERVICE ASSISTANT IV LEAD LIBRARY SERVICE ASSISTANT 7 8 LIBRARY 0112712015 WESSELING, CHERYL LIBRARY SERVICE ASSISTANT IV LEAD LIBRARY SERVICE ASSISTANT 7 8 LIBRARY 0112712015 TRANSPORTATION COMMITTEE CHAIR REPORT #1 FOR THE FEBRUARY 17,2015 COUNTY BOARD MEETING
The Transportation Committee meeting was held on Monday, February g,20l5at 9:00 a.m. in Master Conference Room 772 atthe Anoka County Government Center in Anoka, MN.
Commissioners Present Commissioners Look, Sivarajah Commissioners Absent: Commissioners Schulte, West Department Staff Present: Doug Fischer, Andrew Witter, Douglas Armstrong, Katie Kastan, Carol Schaffer and Jill Kent Others Present: Dan Klint, Jerry Soma
NOTE: The Transportøtion Committee met, but no official øctíon was takenfor løck of a quorum. The following items were discussed by the committee members present:
ACTION ITEMS
Hishwav
*1. The Chair of the committee recommends approval of Resolution#2075-TR02, a resolution setting the Spring Weight Restrictions on the county highway system for 2015.
*2. The Chair of the committee recommends approval of Resolution#2015-TR03, a resolution entering into Agreement No. 07023 with MnDOT and the City of Ramsey to provide for the power, operation, and maintenance of the new Traffic Control Signal including emergency vehicle pre-emption (EVP)on TH 10 at CSAH 83 (Armstrong Boulevard) North Ramps; for the revised Traffic Control Signal on CSAH 83 (Armstrong Boulevard) at Sunwood Drivell4Tú Avenue NW; and for components for a future Traffîc Control Signal on TH l0 at CSAH 83 (Armstrong Boulevard) South Ramps within the City of Ramsey (S.P. 002-683- 004), and authorizing the Chair of the County Board and the County Administrator to execute said agreement, subject.to review by the County Attorney as to form and legality.
+3. The Chair of the committee recommends approval to increase Contract #C0003229 by $392,000.00 due to construction overages, to a total of $6,039,727.27 for Project C.P. 14-01- 00, for the2014 Pavement Rehabilitation and Bituminous Overlay Program consisting of nine county roadway segments throughout Anoka County.
*4. The Chair of the committee recommends approval of a Purchase of Service Agreement with John R. Brimsek, P.C. (the'lConsultant"), 2508 Fallsmere Court, Falls Church, VA 22043 for professional services to assist with public affairs relating to the designation of federal discretionary highway funds for improvements to Trunk Highway (TH) l0 and the I-35 Corridors, highway/railroad grade separation projects, and other projects as requested by the County, in the amount of $60,000 and further authorize the Chair of the County Board and the County Administrator to execute said agreement subject to review by the County Attorney as to form and legality Transportation Committee Chair Report For the February 17,2015 County Board Meeting Page Two
*5. The Chair of the committee recommends approval of a Purchase of Service Agreement with Miller/Wenhold Capitol Strategies,LLC (the "Consultant"), 3930 Walnut Street, Suite 210, Fairfax, V A 22030 for professional services to assist with public affairs relating to the designation of federal discretionary highway funds for improvements to Trunk Highway (TH) l0 and the I-35 Conidors, highway/railroad grade separation projects, and other projects as requested by the County, in the amount of $60,000 and further authorize the Chair of the County Board and the County Administrator to execute said agreement subject to review by the County Attorney as to form and legality.
*6. The Chair of the committee recommends approval authorizing the County Engineer to advertise for bids for Project l5-10-00, the 2015 Pavement Rehabilitation Programos tree cleaiing project in the Cities of St. Francis, East Bethel, Oak Grove and Anoka.
INFORMATION ITEMS
Hiehwav
7. The committee received the 4ú Quarter (October, November and December) update for Commute Solutions / Anoka County Transportation Management Organization (TMO)
8. The committee discussed issues associated with Anoka County performing fleet maintenance services for non-County entities.
9. The committee discussed 2015 Construction Program.
10. The committee reviewed of Corridor Updates and Project Progress
I l. The committee discussed the acquisition interest in County owned parcels along CSAH l7 (Lexinglon Ave.). ANOKA COUNTY TRANSPORTATION COMMITTEE AGENDA ITEM \ryORKSHEET
Time Sensitive Originating Transit _ Highway X Request Type: TC Meeting Item? Dept: Surveyors/GlS Administration X Action Date: 2/9115 Yes X No- *Subnitterhi¡ials: -JKR - -Information ¡rv¡rrTram Consider recommendingfor approval Resolution #2015-TR02, a resolution setting the Spring Weight Restrictìons on the county higlrwøy systemþr 2015.
B ackground/Justifì cation :
Thìs is an annual Action item. The drafi Resohüion and mapwill be available at the meeting.
State statute allows for road authoritíes to establish load restictions on its highways. During the spring thsw, roads are susceptible to damage due to heovy loads andfreeze/thøw cycles on pqvements. Anoka County places its road restrictions concutent with MnDOT and they are in place no more than eight weeks.
Previous Action Taken: Annual r es o lution p as s ed.
Board Action Required: I.ocation Map:
Resoh,ttion approval. (County wide)
Action Required by Others:
None
Comments:
None RESOLUTION #2015-TRO2 RESOLUTION SETTING SPRING ROAD POSTINGS -2015
IT IS IIEREBY RESOLVED that upon recommendation of the County Highway Engineer, and under the provisions of Minn. Stat. 169.87 (but npt before the Minnesota Department of Transportation) Road Restrictions shall be in effect upon the following designated Státe Aid Highways and County Roads. Such limitations shall not exceed a maximum of Ten (10) Tons o¡ a minimum of Five (5) Tons.
9 Ton Axle Limit j 9"ilrr 9"r?r 9"ilil 9u il 9', il !'i.t.*.N:.;'...... : :::: : : ::: :::: :: :::::::: : ::::::::::::'::.:::...::.:::::::: ::: 9rril C.S.A.H. No. 8 ...... 9"rrtr n r C.S.A.H. No.9 CSAHNo. 14 to CSAHNo.l16 lOu rr C.S.A.H. No.9 CSAHNo. 116 TO CSAHNo.24...... 9 " .il n C.S.A.H. No. 10 TH 47 to East County Line...... 10rt '' C.S.A.H. No. 11 9"iln C.S.A.H. No. 12 CSAH No. 11 to Lilac St...... 9"ilil lOrt il rr 9"rrt 7"nrt 9"ilil il il C.S.A.H. No. 14 CSAHNo.9 to CSAIVCRNo.52...... 10tr C.S.A.H. No. 14 CSAMR No. 52 to CR No. 84...... 9urril rr il C.S.A.H. No. 14 CR No. 84 to East County Line.....,...... 10rt C.R. No. 15...... 7uril
C.R. No. 1 6...... 7"rril rt il C.S.A.H. No. 17 South County Line to CSAH No. 116 lOtt C.S.A.H. No. 17 CSAII No. 116 to CSAII No. l8 (Broadway Ave) ...... g"ilr C.S.A.H. No. 17 CSAH No. 18 (Broadway Ave) to 185th Ave 7uilil C.S.A.H. No. 17 l85th Ave to Coon Lake Shop.. 5rtrirt C.S.A.H. No. 17 Coon Lake Shop to CSAH No. 22...... gttrrn C.S.A.H. No. 18 CSAH No. 1 to CSAH No. i 1 9"tt C.S.A.H. No. l8 CSAHNo. 14 to CSAHNo. 116 9"ilil C.R. No. 18 CSAH No. 1 16 to CSAH No. 78...... 9"rril C.S.A.H. No. i8 CSAH No. 20 to Polk St NE...... g"rrn il il C.S.A.H. No. 18 Polk St NE to Soderville DrNE ...... ; 10tt C.S.A.H. No. 18 Soderville Dr NE to East County Line ...... g"ilrt 19...... 7"rrI C.R. No.n C.S.A.H. No.20 9"nll C.S.A.H. No. 2l South County Line to CSAH No. 34 ....:...... grrilil C.S.A.H. NO. 21 CSAH NO. 34 tO CSAH NO. 14 5rtril C.S.A.H. No. 22 West County I ine to East County Line...... 9rrril C.S.A.H. No.23 South County Line to I-35W 9"rrt il il C.S.A.H. No.23 I-35W to TH 97 ...... lOtr l C.S.A.H. No. 24 West County Line to CR No. 66...... 7rriln C.S.A.H. No. 24 CRNo. 66 to TH 47...... 9urr n I C.S.A.H. No. 24 TH 47 to CSAH No. 28 9',il C.S.A.H.No.24CSAHNo.28toCSAHNo.9'...... :....'...'....' g',n tt C.S.A.H. No. 24 CSAH No. 9 to North County Line...... 7',r tr ,7"nll C.S.A.H. No.26 C.R. No. 27 ...... 9"In C.S.A.H. No.28 7rrril C.S.A.H. No. 30 9"ilil C.S.A.H. No.31 9utril C.S.A.H. No.32 9"il C.S.A.H. NO. 34 CSAHNO.49 tO CSAH NO.21 9"nil c.s.A.H. No. 34 CSAH No. 21 to CSAII No. 54 7 " " " 1 C.S.A.H. No. 35 9"ilil C.S.A.H. No. 36 7urril C.S.A.H. No. 49 CSAH No. 23 to South County Line...... 9" C.R. No. 49 CSAH No. 17 to CSAII No. 23 9" C.S.A.H. No. 5l 9" C.S.A.H. No.52 CSAHNo. 17 to I-35W ...... 9" C.S.A.H. No. 52 L35W to C.S.A.H. 116...... 10" C.R, No. 52 CSAHNo. 116 to CRNo.61 .....'...... 7" C.R. No. 53 CR No. 49 to CSAH No. 12 (l09th Ave NE)..... 9', C.R. No. 53 CSAH No. 12 (Apollo Dr) to CSAII No. 14...... 5tt C.S.A.H. No. 54 9tt C.R. No. 56...... 9" C.S.A.H. No. 57 TH 10 to CSAH No. 116 10" C.R. No. 57 CSAH No. 116 to CSAHNo. 5...... 9tt C.R. No. 58 CSAH No. 7 to CSAH No. 78...... 7" C.R. No. 58 CSAII No. 78 to CSAH No. 18...... 5tt C.R. No. 5'9,...... 7" C.R. No. 60 CSAH No. 18/CR No. l8 to TH 65...... 7u C.R. No. 60 TH 65 to CSAH No. 17 9" C.R. No. 61 CR No. 52 to CR No. 60...... 7u C.S.A.H. No. 62 CSAH No. 23 to CSAH No. 18 9" C.R. No. 62 CSAHNo. 18 to East CountyLine...... 7" C.R. No. 63 CSAH No. 5 to TH 47 7" C.R. No. 64...... 9rt C.R. No. 65 West County Line to CSAII No. 5 ...... :...... 7" C.R. No. 66 9" C.R. No. 68...... 7" C.R. No. 70...... 7" C.R. No. 71...... 7" C.R. No.72 7" C.R. No. 73...... 7" C.R. No. 74 CSAIINo. 13 to TH 65...... 9', C.R. NO. 74TH 65 tO CSA}I NO. 22 7" C.R. No. 75...... 7" C.R. No. 7 6 ...... 7" C.R. No. 77 ...... 7" C.S.A.H. No. 78 CSAHNo. 1 to CSAHNo. 14 9" C.S.A.H. No. 78 CSAH No. 14 to CSAH No. 116 10" C.S.A.H. No. 78 CSAH No. 116 to CR No. 58 9u c.s.A.H. No. 78 CR No. 58 ro CSAH No. 22...... 7" C.R. No. 79 ...... 7"9" C.R. No. 82...... :...... C.S.A.H. No. 83 TH l0 to CSAH No. 22 9" C.R. No. 84 CSAH No. 14 to % mile south...... 9rt C.R. No. 84 % rrile south CSAH No. 14 to Yz mile north South County Line...... 7', C.R. No. 84 % mile north of South County Line to South County Line 9" 9" 7" 9rt 7" 9n 7" 9" 9" 9" 9tt 10" 9tt 10" 9tt 9rt 9rr 7" ' 7, 9"
I '-E::"',1 lsÙ.. I {,:i -:' t --r:J
SemiTrailer 2015 Road Restrictions rT; ': M3-3 Anoka County ltf FullTrailer
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STAi,RTING DATE: TBD ANOKA COUNTY TRANSPORTATION COMMITTEE AGENDA ITBM WORKSHEET
Time Sensitive Originating Transit HighwaY X Request Type: TC Meeting Item? Deot: Surveyors/Gls Administration X Action Date: 0219/15 Yes X - *SubniterhÌil¡als: -JKR - No- -lnformation Consider recommendingfor approval Resolution #2015-TR03, a resohttion entering into Agreement No. 07023 with MnDOT and the City of Ramsey to providefor the power, operation, and maìntenance of the new Trffic Control Signal íncluding emergency vehicle pre-emption (EVP)on TH I0 at CSAH 83 (Armstrong Boulevard) North Ramps;for the revised Trafic Item Connol Signal on CSAH 83 (Arntstrong Boulevarcl) at Sunwood Drive/|4/h Avenue NW; and for components for aftúure Traffic Control Signal on TH I0 at CSAH 83 (Armstrong Boulevard) South Ramps within the City of Ramsey (5.P. 002-683-004), and authorizing the Chair of the Cotmty Board and the County Administrator to execute saíd agreentent, subject to review by the
B ack ground/Justifi cation: The MuDOT Trffic Control Systent Maintenance Agreement outlines standard maintenance responsibilities jõr the TH tL/CSAH 83 North Ramps Traffic Control Signat. Following completion of the project, Anoka County will be responsible for performing the maintenance of the LED índications, and the cleaning of the trffic control signal system. The City of Ramsey will be responsible for the ongoing electrical power supply of the traffic control signal system, and the maintenance and repair of the overhead luminaires. MzDOT will be responsible for, and the County will complete on a I00% reimbursable basis, the ongoÌng maintenance of the nafrtc control signal system, EVP systent, wiring and timing.
Previous Action Taken:
Board Action Required: Location Map:
Approval to enter into agreement subiect to review and approval by the County Attorney
Action Required by Others:
None
"-;:S"T*""']þïï:-::.:-l"o ä:"$;-: RESOLUTION #2015-TRO3 FOR AGREEMENT NO. 07023 WITII TIIE MI¡III"ESOTA DEPARTMENT OF TRAi\SPORTATION AND THE CITY OF RAMSEY FOR THE ONGOING MAINTENANCE OF TIIE NEW TRAFFIC CONTROL SIGNAL ,A.T THE INTERSBCTION OF TRI]NK HIGITWÄY NO. 10 AT COI]NTY STATE AII) HTGHWAY NO.83 (ARMSTRONG BOULEVARD) NORTH RAMPS WITHIN TIIE CITY OF RAMSEY
IT IS RESOLYED thalAnoka County enters into MnDOT Agreement No. 07023 with the State of Minnesota, Department of Transportation and the City of Ramsey for the following purposes:
To provide for the power, operation and maintenance of the new Traffic Control Signal including an Emergency Vehicle Pre-emption System on Trunk Highway No. l0 at County State Aid Highway No. 83 (Armstrong Boulevard) North Ramps; for the revised Traffic Control Signal on County State Aid Highway No. 83 (Armstrong Boulevard) at Sunwood Drive/l47th Avenue NW; and for components for a future Traffic Control Signal on Trunk Highway No. 10 at County State Aid Highway No. 83 (Armstrong Boulevard) South Ramps under State Project No. S.P. 0202-95 and S.P. 002-683-004, within the City of Ramsey, Anoka County, Minnesota.
IT IS FURTHER RESOLVED that the County Board Chair, the County Administrator, the Assistant County Attorney, and the State of Minnesota, Department of Transportation are authorized to execute the Agreement and any amendments to the Agreement.
BE IT FINALLY RESOLVED, that a certified copy of this resolution be forwarded to the State Commissioner of Transportation. ANOKA COUNTY TRANSPORTATION COMMITTEE AGENDA ITEM WORKSHEET
Time Sensitive Originating Transit _ Highway x Request Type: TC Meeting Item? Deot: SurveyorsiGls Administration -:- Action Date: 02109/15 Yes x No- +Subilitter Initials: _ß_- - -Information Consider recommending approval to increase Contract #C0003229 by $392,00A.00 due to rrvrrrr+^* construction overctges, to a total of 86,039,727.27 for Project C.P. 14-01-00, for the 2014 Pavement Rehabilitation and Bituminous Overlay Program consisting of nine county roadway seøments throushout Anoka Cormtv. B ackground/Justifi cation:
During the course of construction: o It was determíned that a conventional piped storm sewer system was needed to alleviate the severe drainage problems along CR 58 between Valley Drive NW and CSAH 9 (8285,000). o Additional tree clearing was required along CR 58 to meet safety clear zone requirements (847,000) . Unsuitable soils were encountered beneath the roadway on CR 82 requiring subgrade correction ($34,ooo). o An existing large concrete structure was encountered beneath the roadway on CR 49 which had to be demolished and removed in order to install o new cross culvert (826,000).
Previous Action Taken: 05/192014 - Av'ard ofContract #C0003229 to Valley Paving Inc. for Anoka County Conslruction Project CP 14-01-00, the 2014 Bitum¡nous Overla'y Program. 06/0212014 - Approval oJa Purchase ofService Agreement (#C0003239) \,ith SR.F Consulting Servìces to provide a MnDOT certified inspector to assist the countywitþinspection dutiesfor CP I4-01-00, the County 201 4 Overlay Program, in an amount not to exceed $79,642.20.
Board Action Required: Location Map:
Board Approval.
Action Required by Others: z
Comments: ANOKA COUNTY TRANSPORTATION COMMITTEE AGBNDA ITEM \ryORKSHEET
Time Sensitive Originating n Transit ffi uigtrway Request Type: Item? Dept. TC Meeting I SurveyorsiGlS X Administration I Action Date:02/09/15 Yes X tSùbnitter n Information NoX Initials: JGO _ Consider recommending approval of a Purchase of Semice Agreement with John R Brhnsek, P.C. (the "Consultant"), 2508 Fallsmere Court, Falls Church, VA 22043 for professional semices to assist with public affairs relating to the designation offederal discretionary highway Item fundsþr improvements to Trunk Highway (IH) l0 and the I-35 Corridors, higlrway/railroad grade separation projects, and other projects as requested by the County, in the amount of 860,000 andfitrther authorize the Chair of the County Board and the Cottnty Administrator to ' execute said asreement subíect to review bv the Countv Attornev as to form and lesalin. Background/Justificati on :
With the reauthorization of the federal transportationrttnding bill set to be enacted by Congress this year, the reintroduction offederal díscretionaryfitndingfor local projects, and a new round offederal TIGER grants coming out in 2015, it is essential that Anoka County projects ore properly identified and reviewed with the Minnesota Horce and Senate members.
(Agreement will be qvailable at the meeting.)
Previous Action Taken: John Brimsek has been under contract for over 20 years with Anoka County. Board Action Required: Location Map:
Approval
Action Required by Others:
County attorney to revieyv and approve
Comments: ANOKA COUNTY TRANSPORTATION COMMITTEB AGENDA ITBM \ryORKSHEET
Time Sensitive Originating nTransit ffiHigtrway Request Type: Item? Dept' TC Meeting flSurveyors/GlS XAdministration X Action Date: 02-09-15 Yes X +Subililter ! Information No fl Inilials: JGO Consíder recommending approval of a Purchase of Service Agreement with Miller/Wenhold Capitol Strategies, LLC (the "Consultant"), 3930llalnut Street, Suite 210, Fairfax, VA 22030 for professional services to assist'tvith public affairs relating to the designation offederal discretionary highwayfimdsfor improvements to Trunk Higlrway (TH) I0 and the I-35 Item Corrídors, highway/railroad grade separation projects, and other projects as requested by the County, in the amotmt of 860,000 andftrther authorize the Chair of the County Board and the County Admínistrator to execute said agreement subject to review by the County Attorney as to form and lesalitv. Background/Justificati on :
With the reauthorìzation of the federal transportationfuìtding bitt set to be enacted by Congress this year, the reintrodzrctìon offederal discretionaryfitndingfor local projects, and a new round offederal TIGER grqnts coming out in 2015, it is essential that Anoka County projects are properly identified and reviewed with the Minnesota House and Senate ntembers.
(Agreement will be available at the meeting.)
Ken Butler and MillerMenhold høve been under contractfor over 20 years Previous Action Taken: withAnoka County. Board Action Required: Location Map:
Approval
Action Required by Others:
County attorney to review and approve
Comments: ANOKA COUNTY TRANSPORTATION COMMITTEE AGENDA ITEM WORKSHEET
Time Sensitive Originating flTransit fi Higtrway Request Type: Item? Dept. TC Meeting !surveyors/GlS flAdministration ffi Action Date: 02/09/15 Yes X *Subnitter fllnformation Non hitials: HG Consider authorizing the County Engineer to advertise for bids for Project I5-10-00, the 2015 Item Pavement Rehabilitation Program's tree clearing project in the Cities of St. Francis, East Bethel, Oak Grove and Anoka. B ackground/Justification:
The County overlay program began inchding tree removal as a pcry item in the 2013 overlay contract. Due to thís contract generally beginning in early June, residents that had trees removed near their property expressed concern in regard to the spread of oakwilt and other diseases to remaining trees.
To minimize the possibility of thisfrom occttrring, the department has separated tree clearing as a separate project, to allow þr advertising during the winter season andfor completion prior to the beginning of summer.
The Engineer's estimate for removal costs for the clearing project is 8260,000.00. This amount is accounted for in the 2015 Overlsy Program Budget.
Previous Action Taken: No Previous Acìion Taken
Board Action Required: Location Map:
None County Wide.
Action Required by Others:
Comments: TRANSPORTATION COMMITTEE ADDITIONAL CHAIR REPORT #2 FOR THE FEBRUARY 17,2015 COUNTY BOARD MEETING
Government Center A.noka, Minnesota
ACTION ITEMS
Hiehway
*1. The Chair of the committee recommends approval of Purchase of Service Agreement #C0004069 with McComb Group, Ltd., for the evaluation of the before and after condition of the Blaine Kmart store related to improvements to University Avenue, in the amount of $23,750.00, and further authorize the County Administrator to execute said agreement subject to review by the County Attorney as to form and legality. (Contract less than $50,000.) , Anoka County Contract No. C0004069
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT is made and entered into between the County of Anolga, a political subdivision of the State of Minnesota, Anoka County Government Center, 2100,fhird Avenue, Anoka, Minnesota 55303, hereinafter refened to as the iCounty," and McComþ Group, .L1d.,222 South Ninth Street, Suite 480, Minneapolis, Minnesota 55402, hereinafterrreferred toäs the "Contractor;"
..:: ,. - .. .r. .' / ' wITNESSETH: ," i'; ':: - 'i. ' ' " WHEREAS, the County is in need of professional services to evaluate the before and after condition of lhe Blaine Kmart store related,to improvements to University Avenue;:and :'.. ..:.rr-' ...; 1j:r!.r.i,'..." .- i ,,-,. .,.,,. .i i ....:. t:. . _:. j.,,1 _ WHERIAS, lhe Contractor submitted a proposaland represents that the Contractor is qualified and willing to furnish,these services; and -,, . . . : " ; ..
WHEREAS, the County wishes to purchase these services from the Contractor. ., t:, NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed and understood as follows: .. , . ,i , : ,, :
TERM
:.. This Agreement shall commence upon the signing of this Agreement and shall continue., in effect through the satisfactory completion of the services to be provided herein. .-r , , : , . .. .r li:: :. .1 II. SERVIGES
'' tì' The County agrees to purchase and the Contractor agrees to furnish all of the services set forth in the Contractor's proposal letter dated January 23,2015, which proposal letter is aüached hereto and incorporated herein as Exhibit A. lt is.únderstood and agreed upon by both parties that that part of Exhibit A which has been crossed out is not and shall not become part of this Agreement. : l
III. COMPENSATION
For services satisfactorily completed, the County shall pay the Contractor at ttre rates set forth in Exhibit A, for a total amount not to exceed Twenty-Three Thousand Seven Hundred Fifty and 00/100s Dollars ($23,750.00). Services beyond those described in Exhibit A shall be billed andpaidattheratesspecifiedintheExhibitA.:
IV.. BILLING AND PAYMENT
At the time this Agreement is signed, the County shall pay the Contractor 96,500.00, which will be applied to the final invoice as a credit for billing of professional services and expenses. Thereafter, on a monthly basis, the Contractor shall submit to the County an itemized statement containing such information as is required by the County for work satisfactorily completed. Within thirty (30) days of its receipt of the billing statement, the County shall make payment to the Contractor or make reasonable arrangements for payment acceptable to the Contractor
V. AUD¡T DISCLOSURE AND RETENTION OF RECORDS
The Contractor agrees to make available to duly authorized representatives of the County and of the State of Minnesota, for the purpose of audit exam¡nat¡on pursuant to Minn. pertinent Stat. $ 16C.05, any books, documents, papers, and records of the Contractorthat are to the Contractor'sprovision of services hereunder. The Contractor further agrees to maintain alt such required records for six (6) years after receipt of final payment and the closing of all other related matters.
VI. INDEMNIFICATION
The Contractor agrees that it will hold harmless, indemnify, and defend the County, its commissioners, officers, agents and employees against any and all claims, expenses (including providing attorney's fees), toSses, damages or lawsuits for damages arising from 9¡ related to or failing tô provide services hereunder, including but not limited to the negligence of the Contractor.
VII. INSURANCE
The Contractor shalt procure and maintain in fullforce and effect during theterm of this Agreement, insurance coverage for injuries to persons or damages to property which may arise frõm or in connection with the performance of the work hereunder by the Contrac{or, its agents, representatives, employees or subcontractors. The insurance coverage shallsatisfy the requirements set forth in Exhibit B, which is attached hereto and incorporated herein.
VIII. SERVICES NOT PROVIDED FOR
No claim for services furnished by Contractor not specifically,provided for herein shall be honored by the County. tX. INDEPENDENT CONTRACTOR
It is agreed by the parties that at alltimes and for all purposes hereunder, the relationship of the Contractor to the County is that of an independent contractor and not an employee or agent of the CountY.
X. , COMPLIANCE WITH LAWS
ln providing all sèrvices pursuant to this Agreement, the Contractor shall abide by all statutes, ordinancós, rutes and regulations pertaining to or regulating the provision of such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement and shall entitle the County to terminate thís Agreement immediately upon delivery of written notice of termination to the Contractor.
-2- XI. STATE TAX LAWS
The County shall not make final payment untilthe Contractor has made satisfactory showing that it has complied with the provisions of Minn. Stat. S 290.92 requiring the withhblding of state income tax from wages paid to the Gqntracto/s employees and to employees of any subcontractors hired by the Contractor for work performed under this Agreement. The, Contractor will provide the County with a letter stating the requirements have been met. .. . XII. SUBCONTRACTINGANDASSIGNMENTS
Contractor shall not enter into any subcontract for performance of any of the services ,,. contemplated under,fhis Agreement, nor assign any interest in the Agreementwithout,thêpr¡or written,approval of_lle County and subject to such condition-s and provisions as the County f,ây,: deem necessary., The Contractor shall,be responsible for the pe¡formance of all subcofract3l, '; ì ...... : ... ..r: '¡ . i.., . XIII. PAYMENT TO SUBCONTRACTORS ' ' ' The Contractor shatl comply with the provisions of Minn. Stat. g 47'1t.AZßi,suUO- ¿ã, relating to prompt payment to subcontractors., The contractor shall pay anyìsubcontractor within l0 days ôf Contracto/s recçipt'of payment from the.County fonundisputed services: ' ,r .i provided by the subcontractor. The Contractor'shall pay interest oÍ lTzV¿' per month or,anyipart of a month to the subcontractor on any undisputed amount,not.paid oñ time'to thê' , ,,,. ,-., subcontractor. The minimum monthly interest penalty payment for unpaid balance of $100 or more is $10. For unpaid balance of lessthan 9100, the,Contraictor shall:pay the actual penalty- due'to the'subcontractor.' Any subcontractor who prevaits in a civil action to collect inteiest , ' penalties from the Contractor shall be fees,incunedinbringingtheaction''r.'.'.awarded its costs and disbursements, including attomey's
XIV. CONFLICT OF TERMS AND CONDITIONS
lf there'is a conflict in the terms and conditions contained in this Agréement and the proposal submitted by the Conträctor (Exhibit A), the terms and conditionð contained in'this AgreementshalltakeprecedenceoverthoseinExhibitA. ,.:'.: ' : ..: :. i,., xv. MoDlFlcATloNs : :., , .' . |; Any material alterations, modifications or variations of the terms of this Agreement shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. : ':' XVI. AFFIRMATIVEACTION '''' ln accordance with Anoka County's Afürmative Action Policy and the Gounty i,: Commissioners' policies against discrimination, no person shatl itlegalty be excluded from full- time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on'the basis of racé, creed, color, sex, sexual orientation, maritalstatus, public assistance status, age, disability, or national origin.
-ó- )ryII. DATA PRIVACY
tn collecting, storing, using and disseminating data on individuals in the course of providing servicesÏereunã'er, the Contractor agrees t9 abi{e by all pertinent state and federal strtut.r]rutes and regulations covering data privacy, including, bu! nol limited to, the Minnesota Data Practices Act and atl rules promulgated pursuant thereto by the Commissioner of the Department of Administration.
All data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing this Agreement is atso subject to the provisions oj ltfip: Stat. $ 13 et. seq. (the Minnesota Government Data Practices Act) and, pursuant to that statute, the Contractor must comply with the requirements of that statute as if it were a government entity. All remedies,set forttr ¡n n¡¡nn. Stat. g 13.08 shall also apply to the Contractor. The Contractor is not required to provide public data tõ the public if that same data is available from the County, unless stated otherwise in this Agreement
XVIII. EARLYTERMINATION
This Agreement may be terminated by the County at any time, with. or without causel upon fourteenlt+¡ written days' notice detivered by mail or in person. Notice to Contrac-tor shall bä deüvered to:Góntractor at lhe address first written above. lf notices are delivered.by mail, they shall be effec,tive two days after mailing. ,
: Upon earty termination by the Gounty, the Contractor shall only be entitled. to na¡1pe.1t for servicäs satisiáctorily performed througtrthe date of termination and shall not be entitled to : l any other payment and/or damages.
XIX. DEFAULT AND REMEDY
Faiture of the Contractor (including the failure of any employee or agent of the Contractor) to abide by any of the terms, ðonditions, or requirements expressed in this Agreemeni,shall consútute a default if not properly conected by the Contractor upon receipt of a compliance from the County. ln the event of a default by .:1 nõtir" of deficiency and a request for '] the Contractor, thé County may cancelthis Agreement by sending a written notice of cancellation tothe Contra-ctor át tne address stated above, and may recover from the Contractor any damages sustained by the County which may directly or consequently arise out of the breach of this Agreement by the Gontractor
XX. ENTIRE AGREEMENT
It is understood and agreed by the parties that the entire agreernents of the parties is contained herein and that thiJAgreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements_ presently in effect between the County and Contractor relating to the subject matter hereof. Ïhe and hereby agree þarties hereto revoke any prior oral or written agreement between themselves if,at tfris Agreement is the only and complete agreement regarding the subject hereof.
-4- lN wlrNEss WHEREOF, the parties hereto have hereunto set their hands.
COUNTY OF ANOKA McCOMB GROUP, LTD.
By: Rhondd Its:
Dated: 2- ?- Pot e
By: Jerry Soma County Administrator Its:
Dated: Dated:
Douglas W. Fischer, P.E. Transportation Division Manager
Dated:
APPROVED AS TO FORM
By: Dan Klint Assistant County Attorney
Dated:
dk\contracts\2O1 5\Mc0omb Group C0004069
-5- DDD MCCOMB GROUBLIcI. DHD REAL ESTAT'E AND !DD RETAIJ- CONSULITANTS
¡Januaty 23,2015
, .:, .*ro¡i .,. .. :,i, , Mr. Dan A. I{int Assistarrt Angka Corlrtiy Attg1ney,; ' ' Anoita Countv Govemment Center ' l¡ l : 2100 3r.ttStriÈt r i. ' '.- ' ..ìr Anoka, Miirnesota 55303
Deat Mr'. I0intl I
In response tö your request we lave pþared a lvolk progt'arn !o evaiuote Bccess íssues telated tO the Iftnæt slo¡é on U.qïve-rsity Averr¡re in Blaine,
WORI(I'ROGRAM ì j
The work progr"[l desc$bçcl below;is flssigned 1o eyqluafe tlre beforc and after,conditiolis of the Blaine lftrl.a-r:t storê relntecl to imprövcjfients to University Avenue, Specific wqr'lc taslqs ar:ç described below:
+ Sife Evaluatio¡r ,'. Tlre locaJlqn and si¡e of the Blairie Krnqrt stote on University Avenue witl be 'Visitecl and evaluafed. Faotors to be evaluaiecl incJude, but are lotlimiteçJ to: visibilíty, access,íngtêss arlcl egleqs, site cil'culatiprr, pai'lciug fielcl, zurcl acljacent road'ir'4ys. ¡\ll of fhe¡e cullent condifíons will be cornpared'wjth,the b'èfore concliiion'based oti aerial pltotogtaphs, site clqc-uryenfs, aqd òther irifotnr¡ition. Clrairgcs fioirr the befole condition an4 the ai'fer :ì conilition witl U. íclentifrecl' ancl:tþei¡ inrpact or1 slte acceqs and fi.inciiotr for:Custorners Àud tn¡cks will be evaluatecl. ,
Tr¿rffïc Count r'\nalysis . I-Iistol'io tr'affic couirts on the regioiral roaclways serving lltq No¡llrlglvn r:etaíl area zurcl tlie I(nrart store will be evaluatecl including, but not limitecl to: Highway 47 a+d County Roacls 3, 10, 4ncl 51.
: Othcr Retail Sfo¡'r: Äcccss
Vísibility, access, and other site criteria for ofher nrajor retaílers ín the Northtown aLda rvill be examined qud com¡rarecl to the lfuraLt location, OtheL retaïl to be erialuatecl f,or clrstomers ancl delivery tldoks ínclude: Tatget, Rainbow,.Norfhtown Village, 'lMalUrart, Circuif City and Sam's Club. ,This rvill inclucle ingress ancl egiesS, regional accóss, and dis{ance filom l¡ighlVa)t access lb store ¡laLlcing lot. Deyelopmetf chrollology of shopping centers in the Nolthtolvn nrea rvill be iclentified. .
222 SorrihNintl¡ Stlcct Suite 4S0 N{irrncnpolis, Mirrncsota 55402. (612'|339-7000 Fax; (612) 338-5572 M'. Dan l(lint
' i:,:ii . Januaty 23,2015 'i. nageí
0 l(rnu;t Tr;adc ¡\r'en
I(matt'sel'veS a tt'acls ar:ea That is basecl on tlie clrawing pörver of Northtolvn Center., Thìs tr'àde ,area will t¡e clelineated zuld,.clivided .into travelsheds to cletçrr¡iite po¡ulation, hquseholäs, qncl'ayet:age horiseholcl iricoine iri eachtravèlshecl, haVelsheds wili rËflect;thé most likely shoppet travel routes to lGnart, Preliminary analyqis inclicates travelshecls ivill be ör'ieirted along fhe follorving roacÍs: ilighrvays 4Z an¿ Ol O, ancl County Roacls 3,'1O,'ancl 51, Thisanalysiswillicl-e¡rti$thp,proportiongfshepperqllla!,ulilizee,aqlr,urâjorr.outeto , , "i:eAch .ihe,I(¡iart:stprê, Tiavelshcls rvill be evaluatécl tóidetei'mine if tlie aftu' öoncliîion is c1rangêcl'fromtliebeforecondïtion,.i'1 - - 'r:: ì;? '5 i ' , '' ''ì : : . ..: ' I + Cohrpr'ehg¡uívç Plnii nnd Zorring
Bfnige]szoflg.or{inlfge as if$ates be Muated to ideirtify' ìng lo.UfÏArr¡itsito:lviil iWill provisiolrs in the befoi'ê coriditïon antl {he afl;er condition. Blaine oity,staff be confacted to iletet'lnine thc types of rtses that coriid be cieveloped on thó l(nràr't site as clrnently zonecl, talcing into ionsìderation the curlent compre¡.ensive plan guicting.
o tr(rnartl.e4¡eRev.igly : Thê IQhart lease will be revierved to icler¡tify tqageprovisio¡p'lfiafryolrtd bë affqcted by c1izulgêsirrtiiebefoteconcl'itionandtIre'after,¿onoitiðo,
O DöCtr¡tç¡rtRcviciv :,. ,, .:.: ;Doø¡srerrts fqlalg'fl Iq th.ç, engagenlcnt incfqç.!i1¡g,.,but ¡rol,iinrifecl"to:.appräiSâls, safes lepr'ts,atr{ otheriiifotntátiori clevôlopecl bt'ÆiöláCounty ortlie Copnty a-ttixne},ts offipe ,willbe¡.eviejved, :
TIiet'-e.sut[s o-f,o1¡¡;1v6¡fç rvill þe clqcqinentqd i¡r Íeporfs,¡¡rid/or exhibjts des'- cl to meet.clierits neécls. a¡rcllor exliibits giaphics:airc1 .Tl¡esc'.r:epörts will contain'applopiiate exÞlanations 9f our' principle finclings.aud corlql¡.q¡ions, ::
I\{EETIñGS : :
Two l¡eetings are plarinecl cltrring the coulse of the evaluntion:to lceep the client informecl of our resealch arid furciíngs. Atlclitional meeting tirne will be billecl at oul nol'illal hourly lates plus expcnses, Mr. Dan Klint January 23,2015 Page 3
ADDITIONÄL TASKS
The following tasks may be needecl íf Kmart provides retail sales infounatiou or if it is necessary to prepare for t'ial and expert testimony.
ô l(mart Snles Analysis
Retait sales of the l(mart store will be evaluated to determine if there is an identifiable change in tetail sales assooiated with closing the median on University Avenue. This rnay . fQuirc examíning total Kmart retail sales for the same períod to determine the impact of the rccession that began in December 2007,
c RebuttalAnalysis
Rebuttal analysis work tast
ô Testimony
ln the'eVent testinrony is needed, McComb Gloup persornel witl attend pre-bial meetings with the County Attorney staff and other individuals. Work taslcs include preparing fõr testimony and teptifing.
The above tasks will only be undertaken with approval ofthe client
QUÄLIFICATIONS AND E)GERItrNCE
McComb Group, Ltcl. is a fi¡ll-seryice rctail and real estate consulting fïr'm speoializing in market research and financial feasibility. The ftm haS extensive experience in the reat estate iidustry a¡d has condusted mæket research, frnancial feasibility, and dóveloprnent consulting for.all types of real estate developments.
McComb Group, Ltd. las a tearn that is qualified to condust the research described in this proposal. McConb Group's plofessíonal staffassociated with this engagement includes the following:
0 James B. McComb, President, founded the predecessor of McComb Group n lg74 following six yeats as a nembel of the corporate siaff with Dayton Hudson Corpor.ation. He is experienced with all t¡pæ of real estate development and has conducted market reseatoh and financjal feasibility for shopping centers, retail stores, office buildings, business palks, multi-farnily. and mixed'use developnrents. The filnr's apploach to market analysis and financial féasibility has undergone continuous developmenf and refinement. Mr. McComb has directed and participated in all the fïnn's research activities for over 40 years. Mr:, Dan Iüint Jafl¡iãry 23,2015 Page 4
Linda + oie, Senior Associate, has 25 yeqrs experience concluctìrrg mar.ket, clernqgtaphic, a-nç!gopçHme¡resealch. Ms. oiemanages trrefiim?s geographlc jni-brmatiotisvr-tütii(ääj aud derirögraphic clatabases usìng 4 vallety of contppr?i pi,t#åi.,* ;;,üïÞffiii ,on uurê.
.+
BUDGET . The buclge! for thewoik pr,ogram and worlc prottuots de¡cçibçd Uf tl-ns pfpppsdl.is shown,belolV.
,'P,i ofes.çi oir a,lS eirvieos ,' Pualget Site.Evalrjatís:l '' ìi$ 4;000, 'llräffic Gount A,n alysì s ,, ,400 Othe¡'Retail,Store Access tri475 I(rnart,Trade,Area , ,?260;a Cöiùpfth'ehsiveiillan antt Zoiting 675',' IGn al'í,L.eàse l{evielv 300 X'Iigliest àncl B erit Usê ' 300' . Document:RevieW 800 Rellort Prêparatioir , 550 Mee!!r1gs 1.,100 .To tn! Pr,o fessi on al iS e¡v_ic9l $ rz,äoo
F.liiéiis cs :(n! ii mn ierii Mileage ,$,i00 ,Dern.ogr4llhicS 2:50 Comptitel and Software i5-0 Repolt Prqcluclion 7s0 Röp¡ocluolf o1 : 100 Tof ll,IDxÞprrSe¡ :!T l-,350 TOTÄL BUDGET L13és0 Mr, Dan Klint January 23,2015 Page 5
Addltionnl Tnsks Iftnart Salos Analysis $ 3,600 RebuttalAnalysis 2,20A Testimony 4.400 Total $ 10,200
The professional fees for the services outlined in this proposal total $12,200 and will be perfouned at a price not-to-exceed that amount. Bxpenses, estinrated at $1,350, arc to be reimbur.sed based on actual cost, The budget is based on the amount of tinre reçrired to perform the work tasks and out notmal hourly billing rates of $275 for principals, $200-$275 for executíve associates, $150 for senior associates, $125 for asSociates, and $75-$100 for consultants. eer¡rperr'þelieylequit'es**'etainèr ef &ppse¡Êimétcly one heH$e estüBrted budget{er &e prejest setviees snd expcnses, lsveiees fer p'efcssiend serviecs e¡]d e*pen"es rvill-be Þàdered at mi&
Stafidard b'lling te"nrs a-e ÉeË ten days ,t finafree ohà"go ofl,S pereerit lvi[ be eha-ged e+rÌll-
REPORT PURPOSE
This proposal was prepared with the understanding that the results of our wod< will be.used by the client in a condemnation proceeding related to highway imprcvernents on and acljacent to the Iftnart síte. Our report will be preparecl fol that purpose and will be subject to the following qualifications:
I Out analysis will not ascertain the legal and rcgrrlatory requirernents applicable to this project, including zoning, other state, and local government regulationõ; pernrits, and licenses. No effort will be made to determine the possible effect on the proposed project of preseut or future federal, state, or local legislation, or any environmental or ecological matters,
t Our tepott and analysis will be bæed ou estimates, assumptions and other information developed fronr researrch of the rnalket, knowledge of the industry and discussions with the client. Sonre assumptions inevitably witl not matelialize and unanticipated events and circuu:stauces may occuf; therefore, actual results achieved will valy fiom the analysis.
0 Otlr analysis will not evaluate management's effectiveness or be responsible for'fi.rtule malketing efforts and other management actions upon whiclr actual resulis are clependent,
0 Our report will be intendecl solely fot the pupose described above and shor¡ld not be ursed for any other purpose without ourplior wlitten ¡:ermission. Permission for othel'use ofthe repolt will be glanted only upon meeting compary standards for the proposed use,
These qualificatioru will be included in our fînal leporf. If the repolt is used for purposes other than specified above, we teserve the rÍght to teview the materials for proþer use of our work. Mr, Dan Iflint Janriaty 23,2015 Page 6
+e-indieate-as€ep+êns @ i @
\Me apprgci4te!þ9 opportu¡rity to snbmit this plopoSal anì loolcfonvatcl to heqr'ìng fi'om you soon. If you have any qriestiöns concelning the projlosal, please call me at (0lZ) g¡9-Z0OO.
McConrb Grp$p, Ltõ,
Pré,siç1erlt SUMMARY oF QUALIF'ICATIONS AND EXPERIENCE
EgE 44.ÇQX/ßcROUqLrd. HgH LJL,IIJ R ETA I L C O N S U L,r. Â N 1. S Mcc"#:äå,LrD. :
McComb Group, Ltd., established in 1974, provides consulting services to the leal estate iidusü'y based on 40 years of experience with development in the United States aq{ Canada. The firm offers'a of consulting and analytical services'including mæket conSuuierresearch, valiety and 'and fìnancial feasibility, economic impact assessments, 'design 'assistance,' developmehi consulting. Services offeiellbyMcCornb': Group include:
Site . Financial ' Selection Feasibility : , MarketResearch :' ¡ Owner'sRepresentátion t' ' ¡ CoirsuinerResearch ¡ Tæç Increment Plans' . ' Remerchandising & Redevelopment . Economic Impact Airalysis I ' ' ''': ' ¡r : . Desig¡'Review Consulting i Litigation Suþpbrt'' . .,r " ;.
McComb Group, Ltd, clients include the nation's largest institutional investors and development companies as well as small developrnent organizations and state antl local gov-ernments. The firm's'experience includes a wide variêty of real estate engagements including:' " '
' '''' -j lii
27" Super Regional Malls . 52 AdaptiveReuseDevelopments 30 tifestle and Specialty Centels 41 Multi-Family Devetgpments I :: 24 Neigþborhood and Comrnunity Centem 2l SeniorDevelopmént's' 18 Retail Consumer Research 57 Financial Feasibilþ Engagements 61 Cental Business Distict Retail Areas 17 Hotels :": -,i
20 Neigbborhood Comme¡cial Areas 18 Mixed-UseDevelopqr.ents r : 35 Courmercial,Offi ce Buildings 26 Economic Impact Studies 25 Business.Parks 17 Transit Station Areas 20 Pr operty Valuation Engagements 72 LiËgation Support Engagements
McComb Group, Ltd. was awarded tle Best of Business Award in the Economic Consultant category in 2009, 2010, and 2011 by the Small Business Commerce Association, Previously, the fum rèceived a National Recognition Award fiorn the Anrerican Council of Engineài'ing Companies and a G¡andAward fi'ómtire Consulting Fngineers Council of Minnesota for'-a fust o1 its lcind'economic impact analysis.
i !,; STJMMÄRY RESTJMES MeCOMB GROU& LTD.
McComb Group, Ltd. has an experienced team of qualified real estate professionals. McComb Goup's professional staff and their experience are presented below.
James B. McComb President
lvfr. McComb founded the consultrng firm that became McComb Group, Ltd. in 1974 toprovide qpecialized consulting services related to real estate development. Mr. MeComb has 45 years of broad experience with business and government in tlie areal of real estate development, eionomis analysis, market and consumer research, business and govemment finance, and environmental iszues.
P¡evious business experience includes sewing as a senior staff member and Director of Environmental Development for Dayton Hudson Corporation (now Target Corporation), one of the nation's largest retailers; Více President of Fine Associates, a real estate development compang and Par¡rer in Laventhol & Horwdth, a national conzulting and accounting firm. Early in his career, he was employed by White Weld & Co., a New Yorlc investment bank; First National Bank of St. Paul; and Macalester College Bureau ofEconomic Studies. He also served on the staff of Minnesota Governor, Elmer L. Anderson. .
Major responsibilities at Dayton Hudson Corporation included developing and implernenting programs to revitalize downtown retail areas and stimulate new u¡ban developments. fueas of involvement included comprehensive planning, land assembly, development programming, haffic circulation, parlcing, pedeghian circulation, and coordinating interests and efforts of busíness leaders and government officials. These reslonsibilities were caried out in six major cities: Detroit, Minneapolis, Oklahoma Cit¡ Phoenix, Portland, and St. Paul.
With Fine Associates, Mr. McComb was involved in the ownershþ and management ofresidential real estate (both high-rise and low-rise), and mæket and financial analysis for major office buildings and other t¡pes of real estate. Reqponsibilities at Laventhol & Holwath included directing the Real Estate Advisory Services practice of the Minneapolis ofñce, and national shopping center and retail consulting. Activities at lVhite TVeld & Co. included financial research and investment sales.
Mr. McConrb's professional experience includes large rnixed-use developrnents, office buildings, super-regional shopping centers, hotels, and.multi-family projects. He has also prepared redevelopment and remetchandising plans for downtown main street retail areas and older neighborhood shopping areas; and has prepæed adaptive reuse feasibilify programs for over 50 historic buildings.
Mr. McComb þas conducted r¡zuket and financial feasibility analysis for a wide range ofhousing developments including low¿jse and high-rise rental and for-sale buildings, His experience with residential, office and retail developmenfs resulted in formation ofunique approaches to evaluating feasibility of mixed-use developments. This knowledge is being applied to new urbanism developruents that combine residential and commercial uses in neighboi'hood locations. During the past 30 yearc, Mr. McComb has visited and studied over 800 urban developnrents in the United Statæ, Canada, and Europe. These developments range in size and scope from large downtown multi-use developments and regional centerc to small specialty retail centers and adaptive reuse rehabilitation projects. l : ., . ., - Professional associations include membership in the'Intemational Council of Shopping Centers, National Retail Federation, Minnesota Shopping Ce,nter Association, antl Ëconomii Developmeht Association of Minnesota. As a member of the Urban Land Institutg he served as Vice Præident of the ULI Small-Scale Development Council, and was a member of the IJI¡I gesèæch Committee. M¡. McComb is a charter rnémber of the Minnesota Chapter,of Lambdd Aþha, aniinterngtion¡l 'Mèith¿ints fraternit¡r of' real 'estate 'ptofessionals,'. and'rhas' seryed'on thþ'Mürnèéota'Retäil Association Boald of Directors fot 2l yeàrs;
Mt'..,McCotub is a:frequent'speaker'on development' andirelatedisubject$; and has má-de ' presentations to annualr.meetingd of thetNational Trustifor;Histoliò ?resêrvation, American' Property Tax Council, and Minnesota Retail Merchants Association, Presentations to other groups include; Urban',Land Institute, 'International Council of Shopping Centers,j Natitinal i.etail Merchants Association, and'Minnesota Multi.Housing Association, Intêrnqtional Dôriptown Executives Associatiou; Anerican Society for'Public e¿minist¿tion and thê''ioint'Developräent Confere'nce sponsored by Tri-County Metropolitan Council Transportation Dish{ct:of Oiêgon.'
Mr.'McComb is a,graduate of 'Macalester Coilege,with a Bachelor of Science degree with qpecialization in economics, finance, ancl accounting, Wbite employed at the Bureau of Ecôiomis,' Snrdies, he authored "kon Miníng and Taxes in Minnesota-'(circulation of 120,000) co-authored 'l[he Wheat Crisis" (cilculation of 10,000). Linda Oie Senior Associate
Liuda Oie has over27 years experience conducting market, demographio, and consumer research studies. Ms. Oie has an extensive background in conducting marketing resea¡ch and consumer analysis for both public and private secto¡. clíents. Additional experience includes performing financial feasibility and economio impact analysis for McComb Group clients.
Previous business experience includes over 15 years with Supewalu, Inc., a national wholqsale grocery dishibutor and opetator of supermarkets, in several marlceting and research positions. liVithin Supervalu, Inc., she was involved in the development and utilizationof analytical tools to assess supermarket sales performance in individual marlcets anil geographic regions in support of Supervalu's strategio plan. She was also responsible for maintaining a national competítive database for the gtocery wholesale division. I¡ addition to her marketing and research responsibilities, she also managed the company's geographio information system (GIS).
Within McComb Group, Ltd,, Ms. Oíe partioipates in all client lesea¡ch engagements including market analysis for retail, office/industial developments. kr addition, she conducts financial feæibility stqdies using proprietqry software, ARGUS Developer and manages the finns GIS and derrographÍc databases.
Ivls. Oie, is a graduate of Bethel University with a Bachelor of Arts degree in Business Management. :
Susnn Nache Consultnnt
Susan Nache has over 16 years of experience performing market research, demographic analysis, and consumer research tasks. Ms. Nache anal¡zes McComb Group consumer survey engagemonts utilizing McComb Group survey processing softwar e. This process inciudes the crBation oiso*ry instruments, data input, data aggregation, as well as ftral cross tabulations aud ouþut. Ms. Nache is familiar with MeComb Group software programs for furancial feasibility and statistical analysis. ùfs. Ñache has particþated in studies foi dõwntown retail æeas, shopping centers of all types, large mixed-use developments, ofñce buildings, hotels, and multi-family projects. lvIs, Nache also seles as Office Manager and is ræponsible for managing the day-to-day activities of the firm. She is a graduate of North llennepin Community College with an Assooiates of Science degree in Business Management, MCCOMB GROUP REAL ESTATE E)(PDRIDNCD
R.ETAIL MARI(E'T ANÄLYSIS Regtonnl Mnlls Pheasant l¡ne Mall Næhug NII - Rego Park - Queens, NY Northpuk Mall - Davenport, IA Super Regional Omaha, Mall- NE . : Eætridge Mall- San Jose, CA Holyoke Mall -Holyoke, MÄ Moreno Valley Mall - Moreno Valle¡ CA Valley View Mall - IaCrose, VII Greenwood Mall - Bowling Green, I(Y \ilhite Marsh Mall - Baltimore, MÐ Southdale Center - Frlina, MN Richland Mall - Jamætowr! PA Rosedale Center - Roseville, MN. Northshore Mall - Peabody, \,fA Maplewood Mall - Maplewood, MN Barton Creek Square Mall - Austin, TX Willowbrook Mall - Houston, TX City Center- Minneapolis, MN 59rh & Lexington New York¡ NY : - lown Square- St. Paul, MN . Gaviidae Commons/Saks - Minneapolis, MN Gaviidae CommonsNeiman Ma¡cus - Minneapoliq MN Brookdale Center - Brooklyn Center, MN Prairie Hills Mall - Dickinson, ND. Shopping Center- Scottsdale, AZ Regional Mall -Williston,ND " : Eden Prairie Shoppíng Center-Eden Prairie, MN l The Plaza - Chanhassèn, MN : :' ' Town Center at Cobb - Atlanta, G. A Gwinnett Place - Atlantá, GA ' Llfestyle nnd Speclalty Ccnters Luminaire-Houston - Houston, TX Centerplace Galleria - Rochester, MN , i BlockE-Minneapolis,MN Retail Center-Roseville, MN ; Las OIæ Riverfront - Fort Lauderdale, FL Mayfair- Sioux City, [A Bayside Market Placo- Miarni, FL Fontaine Square - Roclrester, MN Water Street Pavilion - Flint, MI ConselatoryonNicollet:MinneapolisrMN,: Colhoun Square - Minneapolis, MN Block40- St. PaúI, MN St. Anthony Main - ù[i¡¡såtolis, MN GaltierPlaza: St, Paul, MN Specialty Retail Center Madison, - WI, Bandana Squue - St. Paul, MN : Berkey Gay Building - Grand Rapids; MI . lirest End- St. Louis Parþ MN )layzataBay Center- lVayzatâ, MN Hidden Harbor Shops-Naplæ, FL Time Square - Rochester, MN Albion Market - St. Paul, MN Plaza VII - Minneapolis, MN The Crossings - Cedar Rapids, IA ' i- The Pavilion - Buffalq NY The Pageant on Henuepin - Minneapolis, MN The Avenue - St. Louis Pæþ MN North Pier Terminal - Chicago, IL Market Place - Madison, V/I Kaleidoscope - Des Moines, IA North CoætHa¡bor- Cleveland, OH
Neighborhood and Commrrnlty g|¡spptng Centers Southbridge Shopping Center- Shakopee, MN' Power Center - Golden Valtey,IrlN Brighton Village - New Brighton, MN Minuesota Valley Mall- Shakopee, MN Eagle Valley Comrnons: Woodbury, MN Northwest Businæs Campus-Plymouth, MN Power Center-Apple V. alle¡ MN Shopping Center - Eagan, MN Southdale Square - Minneapolis, MN Signal Hills Shoppíng Center- St. Paul, MN Eagan Town Center-Eagan, MN Zachary Square - Maple Grove, MN Maplewood Square - Rochester, MN Power Center - Roseville, MN Waterfiont East- Otsegq MN Oakdale Marketplacc - Oakdale, Ml.I Valley West Shopping Center - Bloomiugtou, MN Neighborhood Center - North Oaks, MN City Center-Rogers, MN Neighborhood Center - Flandreau, SD Oxboro Shopping Center-Bloomington, MN , Shopping'Center - Stillwater, MN Marketplace West - St. Petelsbulg, FL Ford Mall Evaluation - St. Paul, MN
CONSUMER RESEARCH AND MERCIIÄNDISING PLÄNS Northpark Mall - Davenpor! IA Eætridge Mall - San Jose, CA Moreno ValteyMall - Moreno Valley, CA Greenwood Mall - Bowling Green, KY North Pier Terminal - Chicago, IL Pavilion- Buffalo, NY Gaviidae Common - Minneapolis, MN Water Sueet Pavilion - Flint, MI City Center- Minneapolis, MN The Avenue- St. I-ouis Parlc, MN Galtier Plaza- St. Paul, MN Town Square- St. Paul, MN Plaza Vtr - Minneapolis, MN St. Anthony Main - Minneapolis, MN Mayfair- Sioux City, IA Ma¡ket Place - Madison, WI Nicollet Mall Shopping District - Min¡eapolis, MN Centerplace Galleria - Rochester, MN Town Center at Cobb - Atlanta, GA Gwinnett Place - Atlanta" GA DO\ryNTOWN RETAIL MARKET AI{ALYSIS Downtown Owatonna - Owatonna, MN Downtown Rochester - Rochcster, MN Nicollet Mall Revitalization - Minneapolis, MN Downtown Crystal - Crystal, MN Downtown Willmar - Willmar, MN Ðowntown Chaska - Chaska, MN Downtown Hastings - Hastings, MN DowotownMaple Grove -Maple Gtove, MN Center Avenue Plaza - Moorhead, MN Downtown Shopping Ccnter- Biwabik, MN Downtown St. Peter - St. Peter, MN Ramsey Town Center-Ramsey, MN Downtown Development Pote¡tial - Sartell, MN City CenterMall - Grand Forla,ND Retail Devclopment Potential,- Shakopeg MN Fontaine Square - Rochester, MN Downtown SÈrategic Plan - Sauk Rapids, MN Downto\ryn Chanhassen - Chanhassen, MN Block40 Retail Dcvelopment - St. Paul, MN Downtown Retail Potential - Buffalo, MN 'Waseca Retail Market Analysis - lVaseca" MN Downtown Retail Potential - Dulutb, MN Downtown Markct Study - Farmingtor¡ MN Downtown Market Study - rflayzata, MN Downtown Retail Potential - Little Fatls, MN Downtown Retail Potential - Frankliq WI Downtow¡ Retail Potential - St. Ioseph, MN Downtown Market Study - NcwporÇ MN Downtown Market Study - Belle Plaine, MN Downtown Rctail Analysís - Newton, IA Downtown Rgail Potential - Victoriq MN Downtown Market Study - Osakis, MN Downtown Retail Potential - Prior Lake, MN Downtown Market Study - Pipestong MN Downtown Retail Potential - New Brighton, MN Downtown Muket Study - Savage, MN Retail Development Potential 'Woodbury, MN Downtown Market Study - Sioux Falls, SD Downtown White Bear l¿ke - White Bear Lake, MN Deputment Store Market Analysis - St. Paul, MN Downtown Market Analysis - Columbia Heights, MN Central Avenue Redevelopment Strategy - Albuqucrquq NM Downtown Mixed-Use Development - Plymoutl¡ MN Downtown Columbia Heights - Columbia Heights, MN Commercial Development Potential - St. Michael, MN Commcrcial Development Potential - Brooklyn Parþ MN Market and Development Study - Albuquerque,NM Retail Impacts of the Sþway Systern - Minneapolis, MN Cambridge Retail Market Analysis - Cambridgg MN llennepin Avenuc Rctail Development - Minneapolis, MN. Hennepin Avenue Redevelopmeut Strategy-Minneapolis, MN Downtown Crookston RevitalizatÍon Shategy-Crookston, MN Downtown Market Stud¡ Centervillc, MN Retail Development Potentíal - Columbus, MN Retail Development Potential - Hanover, MN Ernbracing Downtown Monticellq Monticcllq MN Retail Muket Demai,rd - Menomonie, lilI Downtown Mæket .{nalysis - Plymouth, MN . Sparks Street - Ottowq Canada Downtown Market Analysis - Bismarcþ ND Downtown Marketing and Validated Parking Study- Minneapolis, MN
COMMERCIAL AREA RJ'YITALIZATION Retail Potential Hiawatha LRT Corridor- Minneapolis, MN 66û & Penn Avenue-Richfield, MN Selby Avenue Revitalization Study - St. Paul, MN Lyndale Avenu e &,7 6th Street - Richfield, MN Elliot Park Neighborhood - Mínneapolis, MN Montclair Shopping fue¿- Oakland, CA Chicago and L¡ke - Minneapolis, MN 66'h & Lyndale Ävenue - Richfield, MN Nicollet and I¿kc Commercial Arca - Minneapolis, MN Central Avenue - Columbia Heights, MN Hennepin and I¿ke Commercial Area - Minueapolis, MN Iæxiogton Avenue & Highway 96 -New Brighton, MN 66th and Cedar - Richfìeld, MN Lowry Avenue Retail Potential - Minneapolis, MN Selby and Snelling - St. Paul, MN Rctail Development Potcntial - Brooklyn Park, MN Selby and Western - St. Paul, MN Retail Development Potential - Cottage Grovc, MN Nicollet and Grant Commercial Area - Minneapolis, MN Retail Development Potential - Fitchburg, lVI
LRT STÀTION DEVELOPMENT CONSULTING Blue Llne Soutlrrvest Corrldor Franklin Avenue Royalston Lake Stre¿t Penn Avenue 38û Stleet WestLake Street 46tb Street Northstnr Commuter Rall Fort Snelling BigLake Grcen Li¡¡e ElkRiver Prospect Park Ramsey Botti¡te¡u Corrldor Anoka Bass I¿kc Road Coon Rapids 63'd Avenue Fiidley OFFICE MÄRKET AN^ALYSIS Norwest Center- Minneapolis, MN Shelard Oflice Park- St. Louis park, MN Southdale Office - Edina, MN 2l5 Lake Streèt-\ilayzata, MN I¡Salle Plaza - Minneapolis, MN Bisrnarck Galleria - Bismarcþ ND Plaza VII Office Tower - Minneapolis, MN Eneryy Park- St. Paul, MN Minnesota Center - Bloomington, MN Fullerton Site - Rochester, MN City Center - Minneaþolis, MN Grain Belt Brewery - Minneapolis, MN Proposed Ofñce Building - Eden Prairie, lyfN Downtown Sioux Falls - Sioux Falls, SD Proposed Office Building- St. Louis Puk, MN. Court International - St. Paul, MN Travelers Exprèss- St, Lolis Part MN Ilealth Central System- Minneapolis, MN Twin Cities OfficeMukèt Study Roosevelt Building - IaCrosse, WI Downtosn Minneapolis Ofüce Demand I¡wertown Redevetopment- St. paul, MN Downtown St. Paul Office Demand Kickernick Building - Minneapolis, lvfl.l Proposed Office Building -'Maple Grove, MN Downtown Rochester Office Demand Apple Valley Officrllnduiuial Demand lApple Valle¡ MN Franklin Station Offi ce :- Minneapolis, MN Of6ceBuilding-RedWing,MN' Office Building - Roseville, m,¡ 80Ç Nicollet Minneapelis, - MN Oflice Ma¡'ket Demand - Cedar =-'---Rapids, -.IA Gainble C.enter- S!. Louis Parþ MN office Muket - San Josg cÁ Wayzata Mæquee Place - Wayzala,lq{ Offi ce Demand Forecast - Minneapotis, MN
: 1 .., ' BUSINESS PARK MAITKDT AN,TLYSIS : Valley Grcen Business Þark: Shakopee, MN ' City of Rosernount - Rosemount, MN Hanson Site Development Strategy - Apple Valley, MN Cowles Communications - Champlin, MN Port Authority of the City of St, Paul - St. Paul, MN Rosewood Corporation - Fridle¡ MN Rosewood Corporation - Northern Ramsey County, MN Hubbell Realty - Eagan, MN MinnesotaValley Eleætric Coop - Iordan, MN UniversityAvenue-TH-280 - St. Paul, MN Upper funding Muket Analysis - St. Paul, MN City of Shakopee - Shakopee, MN Officr/Industrial Ma¡ket Potertial - .Apple Valte¡ MN City of St. Paul - St. Paul, MN Twin Cities Market Study rþechtel Investments, inc. Dakota County Office and I¡¡dusuial Evaluatíon - Eagan, MN Busíness Pa¡k Development Poiential -Farnlngton, !r4l.I Cawer County Business Park Demand - Ca¡ver Cougty, MN Business Park Development Potential - lVoodbury, MN Metropolitan Area Ofüce Demand - Homart Development Co. Industrial Development Potcntial - Prig¡Iake, MN Of6ce/tila¡ehouse - Shoreview, l,Ol EnergyParkMarkef Analysis - St. Paul, MN
EOSPITALITY INDUSTRY DNGAGEMDNTS Southdale Hotel MN Plaza IV Minneapolis, 'Waterfront -Edina, - MN Companies, Inc. - Minneapolis, MN Hilton Hotel - Sioux Falls, SD Inn at Aspen - Aspen, CO 'l'he Pavilion - Buffalo, NY I¡well Inn Conference Center- Stillwater, MN Alexander's - New York City, NY Radisson Hotel Eastbank- Grand Rapids, MI Calumet Hotel Pipesone, MN 'WI - Lao Courte Oreilles Casino - Haywood, Cuilis Hotel - Minneapolis, MN Multi-Gaming Management - Bayfield, tilI City of Wausau - lilausau, WI Pueblo of San lldefonso Hotel - I¡s Alamos, NM Franklin Station Hotel - Minneapolis, MN lloliday Inn - Watertown, SD ivf UL'T I-FÀI\{ILV RESIDENTIÄL Whitncy Condoniniùurs = Minneapolis, MN Multi'Farnily Uousing Dcrnand - Dickinson,ND Ventula Villagc - lrlinucapqlis, MN Watcrflont Cornpatrics, Inc. : Minneapolis, À'fN Nicollet Ridge - Ilumsville, MN Lou;crtown lledgyqfop¡¡gn! - Si. Paul, -MN I{arnilton Distliçt - Savagc, MN Washburn-Cr osby Mill - Mintteêpölis, lO-[ Laurcl Villagc - lr{inncapolis, IvfN Nol'ihstar Woolcn Mill - À'linneapolis, MN Alexandcr's - Nerv York City, NY Crookston Housing Study. Croòkstotr, MN Deqrlgld - Eagan, MN Oqkrvopcl Ilills - I{opkius, Àû.I Sor¡thha¡npIon - Min.nçtonka, .M-N Mil lcr'I-ipspital Renövêli 9íi - $!. Paul, I\4.1 Blackstone llotcl - Omalia, NE Bruggcman Constructiou Cq; . Maplgrvggdf \e{ Cedars Lakeside - Little Canada, MN Trans National Investments = Miuneapolis, MN S[¡utryehr Building - Mi¡i¡eapol!s, \4]-.1 Roo.sevclt Building. LaCrosse, WI Tl¡9IGng C-gmp4nies - St. Paul,l-vfl'l L.¡fayCltq PãtkTçwnhp.nlg$ - Sq¡tlh St, Paul, \0{ City of Anoka, MN sitglq-Fapily M-4'ke! A¡qlysjs - Maplpwood, N{N Grand I-Iaven Aparimç¡rtS, Baxtcr, MN Mul ti -Farn i ly D evel op n: entjB,rqo\lyl Çc¡ tgr, Ir{}-{ :i¡,¡¡ South'Robéú Str*! D_eyçlqp-y-re'lt; Vcs! St, Pài'J,'l'+l Uni tcd Dpvel op ment Conrpauy : lvfinneapolis, Mu!1i-Fqpily ME¡lgt Analysis - {hite Bery Lakc; lvfN \YelhbuUi Crosby Mill Co¡n1jlè¡ 1 Miqqeapslis, Ml tl(hilq tvtutti.namily Uevelopment -,Inver Grcvcllgights, \[{ Bn¡ggeman Construction Ço, - Beal,iiqker \&{ Tr:ammçl:Ciãrv Strategiô nlanning i Minneapois-St,Þaut, Vll Þranlãin Station Aparimeniq - i\4inttttolís, lvfN Ty{n Cjtic$ FlóriSiqg M¡rket Arlal¡lqls - Minneapplis,:St. Paul, MN L,akc Calhoun Rcntal Hòusing = Minncapolis, MN Nórqhqta¡ Woolen tuliti- Minngupã1¡r, ìlnt f Dortntolvri ResidenÍial - Cedal Rapids, IA Flanklin-Portland Gateway - Minneapolis, lvlN I
SDNI0RHOUST¡ÍG-.IVrARI(ETÄtrAL-YSß i Grccr¡housc Co-Op= Roscville, MN i Oakb¡idgg Co;Q¡¡ - N.qW Flope, l@I Weòiwbod Riclge-'West St; Þaul, \4N : Ser¡ie1 F!q¡,¡g!ng Mprke! $crçni¡s'- I.vll! Orvatonna lVestem Iirn MN þecþ1vo9$1M!¡rnqq¡i9l[E,]A' ,l =.Orvatotura, pl------¡ie nqow'n Gornlilgns - f,igo$yn Ç- eptçr, MN : B etlr,esrla Hospital -' Si. Paul, MN CarderHill = $t. Josqph, lt{O : Se¡iíqriHpu$ing Xrojçç! - Aioko, I\AI St. Jþsgph's Coqgregáié'Housíng - Laörosse;'wI B¡rngglow.q d.CJlaii¡þli¡i ; cþqn¡plír!,}f'N Ilavcn Yi!!n IIoriSirU Prpjèd!- ¡t-êd Wing, Mì-.I tVindom Sönior I'Iousí.¡g =.Windom, Mì| Bgulqvq1d AþarJqr1entg - Columbia Heights, MN Vernpr Tèrrace *,Edína, lvfN Senior Cgndomiiúunr Developfnelrt - Hopkins, \4,1{ RoSgloi nte - Itóscvi I !e, lvfN Robbinsdale Congrcgate llousing-lìobbinsdale, lr,fN CFIA,MP Spebipt stn$y - \,!l,{ Ch¿inhasSel Senior Housing - Clta,nhassen, N,fN .
i\,ID$D- US E DD\{ELOI'MDN1.'S City Cçnler: - Mlirrlcapolis, l4{ Thc Pavilion - Br¡ffalo, NY' 59'h and Lgxingto¡r - Nerv York; $Y Foulaine Square =ilochestel, lvfN Towl Sç¡ua¡e - St. Paul, lvlN Mixpd-Usg Rçtail - St; Faul, ä{N Plaza VII ::Mirneapolis, MN Pîgeafl! on É,þlilppilt - Miniicapolis, MN The C¡ossiugs = Cçtlat-Rapids,'iA The ^¿\.vcuue - St' Louis ?at'k,'NûI Gaviidqe Commör:/S4\s - Minneãpolis, lvfN Nqlth Picr Tcrminal - Chicago, lL Gaviidae Cqminori llAleiltran N{alcris lvfimeapolis, MN lvfixed-Use Developrncnt Plyrnouth, lr'fN - 't' - Mixeil-Use bciãtopnrrtti - Falcon Flcights, NÑ Lorvcll Inil Mi xed-U-se - Sti llwatcr, MN Rivel Ccntei: -,Shakopqe, MN Block E - Minneapolis, MN FTNAI{CIÀLßEÄSIBILITY Superior Condominiums - Min¡eapolis, MN Plaza VII - Minneepolig MN Mixed-Use Development - New Yorþ lfl Hyatt Whinrey Hotel - Minneapolis, MN Woodbridge Senior Cooperative - New Hope, MN Hamm Brewery- St. Paul, MN Mixcd-Use Devclopment :- Minneapolis, MN Block 52 Development - Monticello, MN The Pavilion- Buffalo, NY Mixed-Use Development- St, Paul, MN Calhoun Square - Minneapolis, MN Hþluise Condominium - Minneapolis, MN lVæhbum-Crosby Mill - Minneapolis, MN Ramsey County Office - St. Paul, MN Lowertown Redevelopment - St. Paul, MN Hilton Hotel - Sioux Falls, SD Strutweæ Buifding - Minneapolis, MN Blackstone Hotel - OmahqNE Main Plaza- Minneapolis, MN Carder Hall - St. Joseph, MO Bandana Square - St. Paul, MN Catumet Hotel -Pipestong MN Mixed-UseDevelopment- SL Paul, MN I¡Salle Court- Minneapolis, MN MillerHospital Renovation- St, Paul, MN Sh¡iver Building - Sioulr Fallq, SD Roosevelt Building - I-aCrosse, WI Þros Boiler Works - Mïnneâpôiis, ¡A-V 210 Bush Building - Red T/ing, MN Miller Meat Muket ; Minneapolis, MN Duddy TireBuilding - Minneapolis, MN G¡ain Belt Brewery - Mlnrieapofis, MN Milwaukee Road Depol - Minncapolis, MN Berkey Gay Building - Grand Rapids, lvfl Albion Ma¡ket- St. Paul, MN Mixed-UseRetail-St.Paul,MN . . : '' - Dayton's Department Store - Minneapolis, MN Colonial Warehouse-Minnçgpglis,It,trf Appliance Palts Building - Minneapolis, MN Fisher Box Building = Minñeãpolis, Ivf¡[ Deere.lVebber Building Minneapolis, MN Andrews Building Minneapòlís, Ml{ - - - lrade Center Building - Minneapolis, MN Angus Hotel - St. Paul, MN Williams Hudware Building - Minneapolis, MN Block40-St. Paul, MN ,: Willow Brook Mall - Houston, TX Barton Creek Square Mall - Austin, TX Wbite Ma¡sh Mall - Baltimore, MD NorthshoreMall - Peabody, MA Holyoke Mall - Holyoke, M,A. Galleria at Crystsl Run - Middletown, NY University Park Shopping Center - Johnstowu, PA Crossgates Mall - Albany, NY Chempeake & Ohio Freight House-Baltimore, MD Radison Hotel Eastbank- GrandRapifu MI Holiday Inn - Watcrtown, SD
ADAPTIVERET]SE Hyatt ÌVhitney Hotel - Minneapolis, MN Hamm,Brewery: St, Paul, MN Minneapolis Historic Warehouse Disbict Jackson Streel Shops- St. Paul, MN Wæhbu¡n-Crosby Mill - Minneapolis, MN Northsta¡ lly'oolen Mill- Minneapolis, MN Grain Belt Brewery - Minneapolis, MN Milwaukee Rpad Depot - Minnápolii, Àlß{ Berkey Gay Building - Grand Rapíds, MI North Pier Teni¡inal - Clricago,.Ir- Main Plaza - Minneapolis, MN IGckemick'B¡rilding - Minnãþótis, l,Ol Curtis Hotel Development -Minneapolis, MN Crown Rollçr Mill - Minneapolis, MN Court Intemational - St. Paul, MN Commercial Building - Minneapolis, MN St. furthony Main - Minneapolís, MN Bandana Square- St. Paul, MN Albion Ma¡ket - St. Paul, MN Mi4eá-IJse Rciail T St. Paul, MN Dafon's Department Store - Minne¿polis, MN Calumet :- Pipéstone, MN Blaclatone Hotel - Omaba" NE Miller Hospital Renovation- St. Paul, MN Strutwear Building - Minneapolis, MN Sluiver BuÌlding - Sioux Falls, SD Calhoun Square - Minneapolis, MN Miller Meat Muket - Miuneapolis, MN Roosevelt Building - LaCrossg WI Duddy Tire Building - Minneapolis, MN City Center Mall - Grand Forks, ND Luminai¡e-Houston - Houston, TX Appliance Parts Building - Minneapolís, MN CedarHall- St. Josepl¡ MO Colonial Warehouse - Minneapolis, MN Fisher Box Building: ¡4¡nneapolis, MN Deere-Webber Building - Minneapolis, MN Andrew-s Building - Min¡eapolis¡ MN Trade Center Building - Minneapolis, MN AngusHotel- St. Paul, MN Cluk Wa¡ehouse - Minneapolis, MN Butler Square - Mi¡neapolis, MN Williams Hardware Building - Minneapolis, MN Security Warehouse - Minneapolis, MN Ramsey County Office- St. Paul, MN 210 Bush Building -Red Wing, MN Bros Boiler'Vy'orks - Minncapolis, MN Stroh's Brewery- St.Pirul, MN Milwaukee Railroad Freighthouse - Minneapolis, MN Conservatory - Minneapolis, MN Clresapeake & Ohio Freight House- Baltinorc, MD YMCA Building - Minneapolis, MN Nicollet Hotel - Minneapolis, MN LITIGATION SUPPORT ENGAGDMBNTS State of MN vs. Sunrisc Land Co. State of MN vs. Cub Food Crystal State of MN vs. Van Ecckhout State of MN vs. Park Ridge fusociates State of MN vs. Dale Properties State of MN vs. Hines Developrnent State of MN vs. GWX, Ltd. Partnership State of MN vs. Opus Corpomtion State of MN vs. Gary & loanThyren State of MN vs. Donlinger State of MN vs.Industriál Opportunities, Inc. State of MN vs. County ofHennepin State of MN vs. National Truckstops, Inc. State of MN vs. County of Dakota City of Älberlville vs. Carolyn Dianc Vinge, et al Sears Development vs. Fine Associates Woodbury Place Partners vs. City of Woodbury Ebin vs, City of South St. Paul ÂllenNadeau vs. County of Sherbu¡ne Steven C. Iohnson vs. County ofSherbu¡ne Kottschade vs. City of Rochcstcr, MN State of MN vs. Elden's Food Fair BaysideMall vs. City ofMiami State of MN vs. TireMaxx Mall of Anerica vs.Ilennepin County State of MN vs. Borgerl et al. State ofMN vs. Lahn et al. State of MN vs. B&F Properties et al. Bieter Company vs. Fedcral Iand Company, et al County of Hennepin vs. Joel D. Phillips, et al. State of MN vs. Airport Construction, Inc.; et at, Parcel 6 Simon Property Group Tcxas LLP vs. Travis Central Appraisal District Equitable Life Assurance Society vs. County of Hennepin Equiøble Life Assura¡ce Society vs. Ramsey County Maryland Stadium Authority vs. Harbor Exchange Ltd. Ptshp., et al Estate of Qnil G. Iænzmeier vs. County of Sherburne Citadcl Corporation vs, Eastbank Associates Limited Partnershíp, et al Coca Cola Midwest vs. Minneapolis Community Devclopmcnt Agcncy Minneapolis Park and Recreation Board vs. Klein Shiely Compauy Minneapolis Comrnunity Development Agency vs. I¡ke Calhoun Associates Picksnds Mather & Co. et al vs. Commissioner of Revenue Bæco, Inc. vs. Buth'Na-Bodhaíge, [nc,, et al (The Body Shop) Sasparilla Ltd. Ptshp. (Willowbrook Mall) vs. Harris County Appraisal District Minnesola Valley Electric Cooperatívc vs. Cify of Shakoþee John L. Bræsa¡d vs, United States (U,S, Department of lustice Tax Division) Minneapolis Community Development Agency vs. Shutt Trust, Mayflower Shutt Properties Holyoke Mall at Ingleside vs. City of Holyoke, Masachusetts Simon Property Group (Independence Center) vs. Jackson County Nofhshorc Mall vs. City of Peabody, Massachusetts Phe¿sant l¡¡e Assocíates (Pheasaut Lane Mall) vs. Cíty of Nashua, New Hampshire Don's Valley Foods, Inc. vs. Reinhard Retail GroupNo. l, Inc, Petroleu¡n Property Management Inc. vs, State of Miruresota Hemepin County vs. Lowry Avenue Corridor Property County of Hennepin vs. l¿nd Partners lI, rIIR et al Crescent Heights Acquisition, Inc. et. Al. vs. Sentinel Real Estate Corporation et al. St. Croix Developmeut, LLC and Montauari Homes Inc, vs. Mark David Gossman et al. Minnehaha Center, LLC vs. Fashion Bug #3330, tnc. LITIGATION SUPPORTDNGAGEMENTS (confurued) , Tushie-Mrirtgomery Associates, Inc. vs. Wixori Propertiqs, I¿C, Wixon Jewelers, Inc., Daniel M. 1ryíxon, Hope Wixou et al, vs. K¡aus-Anderson Construction Company The I¡fu of Stillwater,Inc., The vs, J.E. Dunn Northcentral, Inc. et al. Minneapolis Community Development .A,gency vs, Muian Short (Wæley Temple Office Building) County Amusement Company (Riclrland Mall) vs. Counly of Cambria Boa¡d of Assessment Appeals I¿ Societe Generale Immobiliere, a French Corporation and I.SGI, Inc., a Delaware Corporation vs, The Minneapolis CommuniÈy Development Agency and the City ofMinneapolis Days;pdng Development LLC vs. Ciry of Little Canada :i - State ofMinnesota vs. KinderCue Learniug Centerr lnc. , State ofMinnesots vs. Shirley A. Peterson State of Minnesota vs. Bor¡¿llan-Knaffla Statc ôfMinnesota vs. Target Storès,Inc. State of Mi¡¡esot4 vs. Kohl's Corporation ! State ofMinnesota vs. DustinNeugebauer, et al. i State of Minnesota vs.Iàri Denison l State ofMinnesoiÊ vs. Soil Science Properties, LLC ANOKA COUNTY
FINANCE AND CAPITAL IMPROVEMENTS COMMITTEE CHAIR REPORT
FOR THE FEBRUARY 17,2015, COUNTY BOARD MEETING
*Action Items
1. The chair recoÍìmends the county board approve Resolution #2015-F4 Authorizing the Issuance and Sale of General Obligation Capital Improvement Refunding Bonds, Series 20158; Establishing a Pricing Committee; Fixing their Form and Specifications; Directing their Execution and Delivery; and Providing for their Payment. See attached resolution and memo from Cory Kampf dated February 17,2015.
2. The chair recommends the county board approve Resolution #2015-F5 Declaring the Offrcial Intent of Anoka County to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the County. See attached resolution and memo from Cory Kampf dated February 77,2015. Anoka County FINANCE & CENTRAL SERVICES DIVISION Respectful, lnnovative, Fiscally Responsible
MEMORANDUM
DATE: February 17,2015
TO: Matt Look, Chair Finance & Capital lmprovements Committee
FROM: Cory Kampf, F&CS Division Manager
SUBJECT: General Obligation Capital lmprovement Refunding Bonds
On January 27, 2015, the County Board adopted a Resolution calling for the sale of approximately $8.605 million General Obligation Capital lmprovement Refunding Bonds to refund the $8.9 Million 2007D General Obligation lmprovement Bonds as an advance refunding.
The bonds are being structured to realize savings of approximately $739,000, with the majority of the savings being realized in2016 and 2017 (about $700,000). Springsted is being authorized to solicit proposals for the purchase of the bonds through a competitive process that will take place on February 26,2015. The sale is requested to be authorized by the County Board to be ratified through the Pricing Committee that has been established within this Resolution and has the following members:
o Chair of the County Board and /or Chair of The Finance and Capital lmprovements Committee . County Administrator . Finance & Central Services Division Manager . CentralAccountingDirector RESOLUTION NO. 2OI5-F4
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT REFUNDING BONDS, SERIES 2OI5B; ESTABTISHING A PRICING COMMITTEE; FIXING THEIR FORM AND SPECIFICATONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYN4ENT
BE IT RESOLVED By the Board of Commissioners of Anoka County, Minnesota (County) as follows:
Section l. Authorization: Sale of Bonds
1.01. By Resolution No. 2015-19 of the County adopted on January 27,2015, the County has determined that it is necessary and desirable for the sound financial management of the County that the County issue and sell its General Obligation Capital Improvement Refunding Bonds, Series 20158 (Bonds) pusuant to Minnesota Statutes, Section 373.40 to refirnd certain outstanding maturities of the County's General Obligation Capital Improvement Bonds, Series 2007D (Series 2007D Bonds), consisting of the Series 2007D Bonds maturing on or after February 1, 2017 (Refirnded Bonds), and has authorized Springsted Incorporated, financial consultant to the County, to solicit proposals for purchase of the Bonds to be submiued on February 26,2015.
1.02. In anticipation of receipt of such purchase proposals, the County hereby establishes a pricing committee consisting of (i) Chair of the County Board (Chair) or Chair of the Finance and Capital Improvements Committee; (ii) Division Manager of Finance and Central Services; (iii) County Administrator; and (iv) Central Accounting Director (acting together, the Pricing Committee). The Pricing Committee is authorized to accept an offer for the purchase of the Bonds and negotiate the final terms of sale, provided that the present value of the debt service on the Bonds, after deducting any premium and adding other firnds contributed to the refunding is at least 7o/o less than the present value of debt service on the Reñurded Bonds,, and the final maturity of the Bonds shall not be later than February I,2029. Upon approval of the terms of the Bonds by the Pricing Committee, the Chair and County Administrator are authorized and directed to execute and deliver a purchase agreement with the approved purchaser (Purchaser).
1.03. The Division Manager of Finance and Central Services is directed to deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith.
1.04. The County will forthwith issue and sell the Bonds upon the terms determined and accepted by the Pricing Committee, which shall include the following terms specifically set forth herein, and such other terms as shall be so approved by the Pricing Committee, as set forth in a Certificate of Pricing Committee.
RESOLUTION AWARDING SALE SERIES 20I58 1.05. All Bonds maturing on or after February l, 2025, are subject to redemption and prior payment in whole or in part in such order as the County may determine and by lot within a maturity at the option of the County on February 1,2024, and any date thereafter at par and accrued interest. In the event of redemption by lot of Bonds of like maturity, the Bond Registrar shall assign to each Bond of such maturity then outstanding a distinctive number for each $5,000 of the principal amount of such Bonds and shall select by lot in the manner it determines the order of numbers, at $5,000 for each number, for all outstanding Bonds of like maturity. The order of selection of Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected, but only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected.
Section 2. Registration and Payment.
2.01. Registered Fòrm. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof is payable by check or draft issued by the Registrar described herein.
2.02. Dates: Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February I and August 1 of each year, commencing February 1,2016, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day.
2.03. Registration. The County will appoint and maintain a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the County and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authonzed by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer
RESOLUTION AWARDING SALE SERIES 20I58 after the fifteenth day of the month preceding each interest payment date and wrtil such interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or ÍLore new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attomey in writing.
(d) Cancellation. Bonds surrendered upon any transfer or exchange will be promptly canceled by the Registrar and thereafter disposed of as directed by the County.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incw no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or rurauthorized.
(Ð Persons Deemed Owners. The County and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the o'nmer's order will be valid and effectual to satisfu and discharge the liability upon such Bond to the extent of the sum or sums so paid.
(g) Taxes. Fees and Charges. For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufücient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange.
(h) Mutilated. Lost. Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the County and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be canceled by the Registrar and evidence of such cancellation must be given to the County. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for
RESOLUTION AWARDINC SALE SERIES 20I5B redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifoing tbe Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail þostage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affectthe validity of anyproceeding forthe redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar. The County appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Chair and the County Administrator are authorized to execute and deliver, on behalf of the County, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The County agrees to pay the reasonable and customary charges of the Registrar for the services performed. The County reserves the right to remove the Registrar upon 30 days'notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Board, the Division Manager of Finance and Central Services must transmit to the Registrar moneys suffrcient for the payment of all principal and interest then due.
2.05. Execution. Authentication and Delivery. The Bonds will be prepared under the direction of the Division Manager of Finance and Central Services and executed on behalf of the County by the signatures of the Chair and the County Administrator, provided that all signatures may be manual or facsimiles. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any pu{pose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Division Manager of Finance and Central Services will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price.
RESOLUTION AWARDING SALE SERIES 20 I 58 2.06. Temporary Bonds. The County may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Exhibit A with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and canceled.
Section 3. Form of Bond.
l 3.01. The Bonds shall be prepared in substantially the form set forth in Exhibit A.
3.02 The Division Manager of Finance and Central Services is authorized and directed to obtain a copy of the proposed approving legal opinion of Faegre Baker Daniels LLP, Minneapolis, Minnesota, and provide a copy thereof to the Purchaser.
Section 4. Bonds: Securitv: Escrow.
4.01. Funds and Accounts. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds and the Refunded Bonds, and to provide adequate and specific security for the Purchaser and holders from time to time of the Bonds and Refunded Bonds, there is hereby created a special fund to be designated the Capital Improvement Refunding Bonds, Series 20158 Debt Service Fund (the Fund) to be administered and maintained by the Division Manager of Finance and Central Services as a bookkeeping account separate and apart from all other funds maintained in the offrcial financial records of the County. The Fund will be maintained in the manner herein specified until all of the Refunded Bonds have been paid and until all of the Bonds and the interest thereon have been fully paid. There will be maintained in the Fund two separate accounts, to be designated the Escrow Account and Debt Service Account.
(a) Escrow Account. The Escrow Account will be maintained as an Escrow Account (Escrow Account) with U.S. Bank National Association, Saint Paul, Minnesota, which is a suitable financial institution within the State, whose deposits are insured by the Federal Deposit Insurance Corporation, whose combined capital and surplus is not less than $500,000 and said financial institution is hereby designated escrow agent (Escrow Agent) for the Escrow Account. All proceeds of the sale of the Bonds will be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds. Proceeds of the Bonds not used to pay costs of issuance are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account will be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as will be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, to pay when due the interest to accrue on each Bond to and including February 7, 2017 (Redemption Date), and to pay when due on the Redemption Date the principal amount of each of the Refunded Bonds then outstanding. From the Escrow Account there will be paid (i) all interest paid on, or to be paid on, or to accrue on, the Bonds
RESOLUTION AWARDING SALE SERIES 20I58 to and including the Redemption Date, (ii) the February I,20I7 principal and interest payment of the Series 2007D Bonds at maturity, and (iii) the principal of the Refunded Bonds due by reason of redemption on the Redemption Date. The Escrow Account will be irrevocably appropriatàd to the payment of the principal of and interest on the Bonds until the proceeds of the- Bonds therein are applied to prepayment of the Refrmded Bonds. The moneys in the Escrow Account will be used solely for the purposes herein set forth and for no other pu{pose, except that any surplus in the Escrow Account may be remitted to the County, all in accordance with the Escrow Agreement (hereafter defined) by and between the County and the Escrow Agent. Any moneys remitted to the County upon termination of the Escrow Agreement will be deposited in the Debt Service Account.
(b) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocably appropriated and there will be credited: (i) any balance remitted to the County upon the termination of the Escrow Agreement; (ii) any balance remaining on February 2, 2017, in the Debt Service Fund created by the resolution authorizing the issuance and sale of the Series 2001D Bonds (Prior Resolution); (iii) any collections of all taxes hereafter levied for the payment of the Bonds and interest thereon; (iv) all investment eamings on funds in the Debt Service Account; (v) all taxes collected after the Redemption Date, pursuant to levies made and pledged to repayment of the Refunded Bonds in the Prior Resolution which levies will not be canceled except as permitted by Section 475.61, Subdivision 3 of the Act; (vi) accrued interest (if any) received upon delivery of the Bonds to the extent not required to fund the Escrow Account; and (vii) any and all other moneys which are properly available and are appropriated by the Board of Commissioners to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid will be used as provided in Section 475.61, Subdivision 4 of the Act.
4.02. The moneys in the Debt Service Account will be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion of the proceeds of the Bonds will be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (ii) in addition to the above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or 5100,000. To this effect, any proceeds of the Bonds any sums from time to time held in the Fund (or any other County account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield will not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable temporary periods or minor portion made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund will not be invested in obligations or deposits issued by,
RESOLUTION AWARDING SALE SERIES 20 I 58 guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be federally guaranteed within the meaning of Section 1a9þ) of the Intemal Revenue Code of 1986, as amended (the Code).
4.03. General Obligation Pledee. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the County will be and are hereby irrevocably pledged. If the balance in the Escrow Account or Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency will be promptly paid out of moneys in the general fund of the County which are available for such pu{pose, and such general fund may be reimbursed with or without interest from the Escrow Account or Debt Service Account when a sufficient balance is available therein.
4.04. Pledge of Tax Levy. To provide moneys for payment of the principal and interest on the Bonds, there is hereby levied upon all of the taxable property in the County a direct annual ad valorem tax to be spread upon the tax rolls and collected with and as part of other general property taxes in the County, in the years and in the amounts as determined by the Pricing Committee, such that if collected in ftll they, together with estimated collections of investment earnings (and until the Redemption Date, all amounts in the Escrow Account) and other revenues herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies will be inepealable so long as any of the Bonds are outstanding and unpaid, provided that the County reserves the right to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.6I, Subdivision 3, as amended.
4.05. The Division Manager of Finance and Central Services is authorized and directed to file a certified copy of this resolution in the appropriate records and to deliver the certificate required by Minnesota Statutes, Section 475.63.
Section 5. Authentication of Transcript.
5.01. The officers of the County are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the County relating to the Bonds and to the financial condition and affairs of the County, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore fumished, will be deemed representations of the County as to the facts stated therein.
5.02. The Chair and County Administrator are authorized and directed to certiff that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement.
RESOLUTION AWARDING SALE SERIES 20I58 5.03. The Chair and County Administrator are authorized to execute the Continuing Disclosure Undertaking substantially in the form attached to the Offrcial Statement.
Section 6. Tax Covenant
6.01. The County covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Intemal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds.
6.02. The County will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States.
6.03. The County further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activþ bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
6.04. In order to qualiff the Bonds as "qualif,reê tax-exempt obligations" within the meaning of Section 265(bX3) of the Code, the County makes the following factual statements and representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(b) the County designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(cX3) bonds as not being private activity bonds) which will be issued by the County (and all subordinate entities of the County) during calendar year 2015 will not exceed $10,000,000; and
(d) not more than $10,000,000 of obligations issued by the County dwing calendar year 2075 have been designated for purposes of Section 265(bX3) of the Code.
RESOLUTION AWARDING SALE SERIES 2OI5B Section 7. Book-Entry System: Limited ôblieation of Countv.
7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each such Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in : this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC.
7.02. V/ith respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the County, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person other than a registered owner of Bonds, as shown by the registration books k"pt by the Bond Registrar, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, or any amount with respect to principal of, premium, if any, or interest on the Bonds. The County, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the County's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the Division Manager of Finance and Central Services of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the Division Manager of Finance and Central Services will promptly deliver a copy of the same to the Bond Registrar and Paying Agent, if the Bond Registrar or Paying Agent is other than the Division Manager of Finance and Central Services.
7.03. Representation Letter. The County has previously submitted to DTC a representation letter (Representation Letter). Any Paying Agent or Bond Registrar subsequently appointed by the County with respect to the Bonds will agree to take all action
RESOLUTION AWARDING SALE SERIES 20I58 necessary for all representations of the County in the Representation Letter with respect to the Bond Registrar and Paying Agent, respectively, to at all times to complied with.
1.04. Transfers Outside Book-Entry System. In the event the County, by resolution of the Board of Commissioners, determines that it is in the best interests of the persons having beneficial interest in the Bonds that they be able to obtain Bond certificates, the County will noti$ DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the County will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the County and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the County will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond will be made and given, respectively in the manner provided in the Representation Letter.
Section 8. Refunding: Findings: Redemption of Refunded Bonds
8.01. As of the date of delivery of and payment for the Bonds the proceeds of the Bonds, including accrued interest on the Bonds (Proceeds), together with other funds (Funds) in the amount of $0 are hereby pledged and appropriated and will be deposited in the Escrow Account.
8.02. It is hereby found and determined that the Proceeds and Funds available and appropriated to the Escrow Account will be sufficient, together with the permitted eamings on the investment of the Escrow Account, to pay interest on the Bonds through the Redemption Date, to pay at maturity or redemption all of the principal of and redemption premium (if any) on the Refunded Bonds, and to pay expenses of the issuance of the Bonds.
8.03. The Refunded Bonds maturing on February 1,2017 and thereafter will be redeemed and prepaid on the Redemption Date. The Refunded Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the form of Notice of Call for Redemption attached to the Escrow Agreement described below which terms and conditions are hereby approved and incorporated herein by reference.
8.04. Escrow Agreement. On or prior to the delivery of the Refunding Bonds, the Chair and the County Administrator are hereby authorized and directed to execute on behalf of the County an escrow agreement (Escrow Agreement) with the Escrow. All essential
l0 RESOLUTION AWARDING SALE SERIES 20I5B terms and conditions of the Escrow Agreement including payment by the County of reasonable charges for the services ofthe Escrow Agent, are hereby approved and adopted and made a part of this resolution, and the County covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. -D.&aq**. 8.05. When all Bonds and all interest thereon, have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the County for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The County may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum suffrcient for the payment thereof in firll; if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The County may also at any time discharge and defease the Bonds in their entirety by complying with the provisions of Minnesota Statutes, Section 475.67, except that the funds deposited in escrow.in accordance with said provisions may (to the extent permitted by law) but need not be, in whole or in part, proceeds of bonds as therein provided without the consent of any Bondholders. us.55717480.02
11 RESOLUTION AWARDING SALE SERIES 20I5B EXHIBIT A FORM OF BOND
UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA
GENERAL OBLIGATION CAPITAL IMPI-OBVEMENT REFUNDING BOND, SERIES
Date of Rate Maturitv Original Issue CUSIP ,2075
No.
Registered Owner: Cede & Co.
Anoka County, Minnesota, a duly organized and existing political subdivision of the State of Minnesota (County), acknowledges itself to be indebted and for value received hereby promises'to pay to the registered owner specified above or registered assigns, the principal sum specified above, with interest thereon from the date hereof at the annual rate specified above, payable February I and August 1 in each year, commencing February I,2016, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the County have been and are hereby irrevocably pledged.
The issue of Bonds of which this Bond forms apart has been delegated as "qualified tax exempt obligations" within the meaning of Section 265(bX3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue.
This Bond is one of an issue in the aggregale principal amount of $ all of like original issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a resolution adopted by the Board of Commissioners on , 2015 (the Resolution), for the purpose of providing money to refund certain previously issued bonds for the purpose of financing the cost of capital improvements under the County's capital improvement plan, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Miruresota Statutes, Section 373.40 and Chapter 475, and the principal hereof and interest hereon are payable primarily from ad valorem taxes, as set forth in
t2 RESOLUTION AWARDING SALE SERIES 20I58 the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the County are irrevocably pledged for payment of this Bond and the Board of Commissioners has obligated itself to levy additional ad valorem taxes on all taxable property in the County in the event of any deficiency, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single mafluities.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the County at the principal offrce of the Bond Registrar, by the registered owner hereof in person or by the orryner's attorney duly authorized in writing upon sturender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attomey; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the County will cause a new Bond or Bonds to be issued in the name of the transferee or registered ovrner, of the s¿rme aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange.
The County and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the County nor the Bond Registrar will be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that aII acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the County in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the County to exceed any constitutional or statutory limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, Anoka County, Minnesota, by its Board of Commissioners, has caused this Bond to be executed on its behalf by the facsimile signatures of the Chair and County Administrator and has caused this Bond to be dated as of the date set forth below.
ANOKA COUNTY, MINNESOTA
By Its Chair
t3 RESOLUTION AWARDING SALE SERIES 20I58 By Its County Administrator
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Dated:
U.S. BANK NATIONAL ASSOCIATION
By Authorized Representative
The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT Custodian ln cofnmon (Cust) (Minor)
TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors
JT TEN -- as joint tenants with right of swvivorship and Act not as tenants in common (State)
Additional abbreviæions may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attomey to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises.
Dated:
l4 RESOLUTION AWARDING SALE SERIES 20I 58 Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever.
Signatwe Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges.
The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond is held by joint account.)
Please insert social security or other identiffing number of assignee
15 RESOLUTION AWARDING SALE SERIES 20I58 Anoka County FINANCE & CENTRAL SERVICËS DIVISION Respectful, lnnovative, Fiscally Responsible
- MEMORANDUM
DATE: February 17 ,2015
TO: Matt Look, Chair Finance & Capital lmprovements Committee
l FROM: Cory Kampf, F&CS Division Manager
"1 SUBJECT: Courts Remodeling lntent ;l
At the January 27,2015 County Board Meeting, the County authorized entering into agreements with Wold Architects & Engineers for design services and ICS for Construction Management Services related to the planned courts remodeling project.
The attached Resolution allows Anoka County to reimburse themselves through bonding for costs incurred on the remodeling project prior to the anticipated issuance of Capital lmprovement Bonds that are planned for 2Q16. The amount of $9.5 Million that is reflected in the resolution represents a not to exceed amount and in no way commits to County to issuing bonds for that amount or any amount.
The Resolution allows for maximum flexibility as the County Board and Finance Committee discuss the size and structure of the Capital lmprovement Bonds, which is planned for later this fall. ',1
RESOLUTION NO. 20 I5-F5 DECLARING THE OFFICIAL INTENT OF ANOKA COUNTY TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE COUNTY
WHEREAS, the Internal Revenue Service has issued Treas. Reg. $ 1.150-2 providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and
WHEREAS, the County expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond;
NO'W, THEREFORE, BE IT RESOLVED BY THE COUNTY OF ANOKA (THE ..COLINTY'') AS FOLLOV/S :
1. The County intends to undertake a project consisting of the remodeling of multiple courtrooms to improve courtroom security in courtrooms that handle felony arraignments, including the addition of proper holding spaces for prisoners and defendants, interview areas for use by defense attorneys and probation officers, and a fire sprinkler system as required by the Fire Marshal (the "Project").
2. The County reasonably intends to make expenditures for the Project, and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the County in the maximum principal amount of approximately 59,500,000.
3. This resolution is intended to constitute a declaration of official intent for purposes of Treas. Reg. $ 1.150-2 and any successor law, regulation or ruling. Adopted this _ day of Febilâry, 2015.
fb.us.6450936.01
us.5s718s71.02
REIMBURSEMENT RESOLUTION us.557l 8571 .02 ANOKA COUNTY
TNFORMATION TECHNOLOGY (lT) COMMITTEE
CHAIR REPORT
FOR THE Y 17,IO1|COUNTY BOARD MEETING '='*'O* lnformational ltem:
1) The lnformation Technology Chair authorized the Department of lT to publish a Request for Proposals for telephone dial tone services.
2) The lnformation Technology Chair authorized the Department of lT to enter into Contract # C0004602, in the amount of $44,200.00, with lntuitive Technology Group, LLC, 1650 West 82nd Street, Bloomington, MN 55431. This agreement will provide for the acquisition of services related to application development and support.
3) The lnformation Technology Chair approved the 2015 calendar of meetings for the lT Committee. PARKS AND COMMUNITY SERVICES COMMITTEE REPORT FORTHE TUESDAY, FEBRUARY L7,2075 COUNW BOARD MEETING
The Parks and Community Services Committee meeting was held on Tuesday, February 3, 2015 at the Bunker Hills Archery Facility, in Andover, MN.
Committee Members Present: Commissioner Jim Kordiak, Chair; Commissioner Scott Schulte, and Com missioner M ike Gamache.
Division Staff Present: John VonDeLinde, Division Manager, Parks and Community Services; Brad Fields, Director of lntegrated Waste Management and License Bureau Services; Jeff Perry, Park Planning and Resources Manager; Cory Hinz, Recreation Services Manager; Andy Soltvedt, Visitor Services Manager; Karen Blaska, Park Planner; Chris Bettinger, Golf Operations Supervisor; John Lenarz, Manager of License Bureau Services -Administration; Paula Anderson, Manager of License Bureau Services - Ope-rations.
Others Present: Jerry Soma, County Administrator; Lindsey Felgate, Purchasing Manager; Christine Carney, Assistant County Attorney.
County Board Action ltems:
1. The Committee recommends that the County Board enter into a contract with Versatile Vehicles, lnc. for the lease/purchase of golf carts for Chomonix Golf Course (Anoka County Contract c000404s).
2. The Committee recommends that the County Board approve the Purchase of Service Agreement with Conservation Corps Minnesota for services in 20L5 (Anoka County Contract C0003990).
lnformational ttems:
The Committee reviewed and concurred with a future trail cost reimbursement with the City of St. Francis for a portion of the Sugar Hills Regional Trail.
2. The Committee agreed with a staff recommendation to proceed with prairie restoration on 41'.7 acres of agricultural lands on county-owned property, in and adjacent to the Cedar Creek Conservation Area, as a result of no bids being submitted in the RFP process for agricultural leasing.
3. The Committee was presented with the 2014 Annual Report for Chomonix Golf Course.
4. The Committee received an update on the Coon Rapids Dam Rehabilitation Project.
5. The Committee was presented with the 2014 Annual Report for the License Bureau and Passport Services Office.
6. The Committee reviewed the 2015 year goals for the License Bureau and Passport Services Office.
7. The Committee reviewed and concurred with the 2015-2019 CIP Projects Plan for the Park and Trail System. A Textron Company
-Vehícle Proposal- Dafe; January 23,2015
FreBared By: Gaby Accad Prepared For: Anoka County / Chomonix Golf President / Owner 700 Aqua Lane Lino Lakes, MN 5s014 Vcrsatile Vehíeles" Inc, 5345 West 'l25th Street Contact: Michelle Peterson Savage, MN 55378 Title: Gontract Specialist 800-678:1123 Toll Free Phane: 763-323'5318 952-894-9670 Fax F.AX: 76'3-422-7505
www.versati I èvehicies:com Aell: "Your Exclusive E-Z-GA Distributor' eMail: Michel le. PeteiSon(Ôco.ariokar 4 n.us;
atv
New Vdhicle lnformation: 65 2015 E-Z¡GO TXT Gas Golf Cars ( White in Color) 13.5 FIP Kawasaki Motor Top, Message Holder, Number Decals, Logos, Fuel/Oil Gauges
2015 E-Z-GO TXT Gas Golf Cars ( Red in Color ) 13.5 Kawasaki lVlotor Top, Message Holder, Headlights, Logo, Fuel/ Oil Gauge, Hitch Receivers
2015 Cushrnan Hauler 1200 Gas Utility Vehicles 13.5 HP KawasakiMotor Head'lights, Brush Guard, Hitch Receivers Fuel / Oil Gauge, ( 2 ) New Beverage lnserts
Winter Annual Service is $35 / Gar / Year Winter Annual Storage is $35 / Car / Year
Trade ln (67) 2011E-Z.GO TXT Gas Golf Gars Vehicle Information: (3) zÙ1l E-Z-GO MPT 1200 Gas Utility Vehicles + (2 ) Beverage lnserts
-Page1of2- Vercatile Vehicled Inc, 5345 West 125th Street Savage, MN 55378 800:678-1123 www.versati leveh icles,com A Textron Company "Your Excl usive E-Z-GO Distributor"
Leäse Option: 4' Year Lease to Ownfor a Ðollar on 2015 TXï less trades Fricel Carl,Month I--$-69"e51 Priae /Fleet/ Month" f$jæl
4-Year Lease to Own for a Doliar on 2015 Cushman Hauler 1200 Price/Car/Month.. Price/Fleet/Month
6 payments per year ( May through October ) No Payments November through April
Warranty: - 4.Year Limited Factory Warranty on Golf Gars 2-Year.Lirnited Factory Warranty on Utility Vehicles
Specl'a/ - Upon completion of'the Capital Lease to Own, Anoka Gounty / Chomonix Considerations: will own the vehicles free and clear. - Above, proposal rêflects the options indicated. Add itiona I options'will affect the.abovê proposed pr.ices Above Pricing includes set-up and Delivery
PRICES OUOTED ARE EFFECTIVE AT THE TIME OF THE PROPOSAL. PRICES GUARANTEED SUBJECT TO ACCEPTANCE WITHIN 30 DAYS AND PENIDING CREDITAPPROVAL PRICES UNLESS INDICATED, DO NOT INCLUDE ANY FEDERAL, STATE, OR LOGAL TAXES. AT THE TIME VERSATILE VEHICLES RECEIVES THE TRADE.INS, THE CARS MUST BE IN FLEET RUNNING CONDITION. INCLUDE ALL ACEESSORIES AND BE FREE OF ANY LIENS OR ENÇUMBRANCES. CARS NOT IN THE ABOVE DESCRIBED CONDITION. SINCE THE EVALUATION WILL BE ADJUSTED IN VALUE. YEAR OF GOLF CARS WILL DETERMINE THE TRADE.IN VALUE
Proposed By: Accepted By: Gaby Accad Michelle Peterson Tífle.' President / Owner Title : Contract Specialist Versatile Vehicles, lnc. Anoka County / Chomonix Golf Date: January 23.2015 Date: -Page2of2- 'NATIONALEPA
o PRQVISTA compony
MASTER INTER.GOVERNMENTAL COOFERATIYE PURCHASING AGREEMENT
This Master {¡lsrgoyetnmental Cooperative Pur,chasing Agreernent (the "Agreement') is entered into by and between those Çertain govem¡ûent agencies that execute a Principal Procurement Agency Certificate with National Intergovemmental Furchasing Alliance Company ('Tlational IPA") ('Plincipal Proour:ement Agerlcies') to be appencled and made a part hereof and such other public agencies vrho register to parJicipate in the National IPA program by either registering on the National IPA website, www.nationalipa,o¡s, or executing a Master Intergovernmental Cooperative Purchasing Agreement with National IPA ("Participating Public Ägenaies') to be appended and made a part hereof.
RECITALS
WIIEREAS, âfter a competitìve solieìtation and selection pxocess by Princþal qlSupplier") Frocuremerit Ageneies, a number of supplie.rs, (.,eaoh,a have entcred into Maslel Supplier Agreements to provide a variety of goods, proclucts ancl seruices (herein '?roducts") to the applicable Frincipal Frocur:ement Agency ¿itrd the Par'ticipating Public Agencies;
WIIEREAS, Master Supplier Agreements are made available by Principal Procurement Agencies tlrr:ough National IPA and provide that Participating Public Agencies may purchase Ffoduots onfhe same terms, conditions and pricing as the Frincipal Procurement Agency, subject to any applicable federal and/or loeal purchasing ordinances and the laws of the State of purchaSe;
NOW THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mufllal benefits to result, the parties agree as follows:
l. That each party will facilitate the cooperative procurement of Products.
2. That fhe procu:ement of Products by Participating Public Agencies subject to this Agreement shall be conducted in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency's procurement pt'actices.
3. That the cooperative use sf solicitations obtained by the parties to this Agreement shall be in accordance with the terms and conditions of the Master Supplier Agreement, except as ¡nodifiðation of those terms and conditions is otherwise allorved or required by applicable federal, state or local law.
4. That the Principal Procurement Agencies will make available, upon reasonable request and subject to convenience, infor-mation which may assist in irnproving the procurement of Products by the Participating Public Agencies. 5. That the Partieipating Public Agencies that procure Products through any Master Supplier Agreement (eaoh a, '?rocuring Party") rvill make tirnely payments to the Supplier for Products received in accorclance with the tems and conditions of the Mastel' Supplier Agreement. Payrnent for Products and inspections and acceptance of Products order,çd by the Procuring Party shall be the exclusive obligation of such Procuiing Parl,y. Disputes between Prcouring Farty and any Supplier shall be resolved in accoldance with thp law and venue rules of the State ofpurchase.
6. The Procurjng Party shall not use this agreement as a methocl for obtaining aclditional concessions or reduced prices for simila¡ products or services,
7. The prrrcuring paity shall be responsible for the ordering of Pro-ducts undèr"this agreement. A non-procuring party shall not be liao-le in any fashi'on for any violation by a procuririg part% and the procuring party shall hold non-proauring party harmless frorn any liability that rnay arise fi'om action or inaction of the prncuring party.
8. This agleernont shall. rernain in effeø until termination by a paÍy giving 30 ciays wr:iften notice to the 6fl1er: pafit. Theprovisions of paragaphs 5, 6 and 7 hereo-f shall survive any such,teRnination. g. This agreement shall take effect after execution o{ the Prineipal Ploou¡ement Agency Certificate or Fartieipating Public Agency RegÌstration, as applicable. Anoka Coun$ Contract No. C0003990
- PURGHASE OF SERVICE.AGREEMENT THIS AGREEMENT is made and entered into between the County of Anoka, a political subdivision of the State of Minnesota, Anoka County Government eentei, 2100 Third Ávenue, *CouRty," Anoka, Minnesota 55303, hereinafrer refened to as the and Conservation Corps Minnesota, 60 Plato Boulevard East, Suite 210, St. Paul, Minnesota 55107, hereinafter referred to as the'Contractor."
WITNESSETH:
WHEREAS, the Coünty is in need of assistance with its Natural Resources and Maintenanoe Units with implementing its 2015 prqþots related to eoological restoration, horliculture, fisheries and wildlife management, soil stabilization, water resources management, and parks'maintenance; and
W¡-IEREAS, the Gontracrtor represents thàt the,Contractor is qualified and willing to'furnish these Serviees; and
WHEREAS, the County wishes to purehase these services from'the Contractor.
NOW, TFIEREFORE, ln conside¡'ation sf the mutual covenants contained herein, it is agreed and understood as follows:
I. TERM
This Agreement shall cornmence on Marqh 2,2015,, and shall continue in effect through the satlsfactory cornplelion of'the serviees to be provided herein.
II. SERVICES
The County agrees to purchase and the Contractor agreesto furnish the servioes set forth in the Conseruation Gorp-s Minnesota Project Request,rForm dated whieh is attached hereto and ineorporated herein as Exhibit A.
tII. COMPENSATION
For services satisfactorily completed, the County shall pay the Contractor at the rates set forth in Exhibit A, provided, however, that the toJal compensation paid to Contractor shall not exceed One Hundred Forty Thousand and 00/100s Dollars ($140,000.00).
IV. BILLING AND PAYMENT
On a monthly basis, the Contractor shall submit to the County an itemized statement containing such information as is required by the County for work satisfactorily completed. lffthin thirty (30) days of its receipt of the billing statement, the County shall make payment to the Contractor or make reasonable arrangements for payment acceptable to the Contractor. V. AUDIT DISCLOSURE AND RETENTION OF RECORDS
The Contractor agrees to make available to duly authorized repr:esentatives of the County and of the State of Minnesota, for the purpose of audit examinatíon pursuant to Minn, Stat. $ 16C.05, any books, documents, papers, and records of the Contractorthai are pertinenttothe Contractor's provision of services hereunder. The Contraotor further agrees to maintain allsucJr required records for six (6) year:s aftpr receipt of final payment and the closing of all other related matters.
VI. INDEMNIFICATION
The Contractor agrees that it will hold harmless, indemnify, and defend the Gounty, its comrnissioners, officers, agents and employees against any and all claims, expenses (inoluUing attorneys fees), losses, damages or lawsuitsfor damages arising fr.om or related to providing ,or failing to provide services hereunder, including but not limited to the negligence of the Contractor.
VII, INSURANCE
The Contractor shall procure and maintairj in fult force and effect during the,term sf this Agreement, insurance coverage for injur:ies to persons or damages to property yvhich mqyør:'tse frorn or in connection with the performance of the work hereunder by the Contractor, its agpnts, representatives, employees or subcontractors. The insuranoe coverage shall satisfy the requirements set forth in Exhibit B, which is attached hereto and incorporated herein.
VIII. DUPLICATION, DISPLACEMENT,SUPPLANTATION
A, Coñtractor's crews are subject to the provisions of 42 U.S.C. SS 12501."í2682 and 45 C.F,R. parts 2500-2550. These' laws require,.in part, that Ameri0orps assistance be usedronly for: a program that:
1. Does not duplicate, and is in addition to, an activity otherwise available in the localíty of the program;
2. Will not displaoe an employ,ee or position, including partial displacement i1 such as reduction in hours, wages, or employmen,t benefits; and ìì 3. Will not create a servíoe opportunity that will infringe on the promotional i:r opportunity of an employee.
B. An AmeriOorps/Conservation Corps member shall not perform seruices or duties or engage in activities that:
1. Would otherwise be performed by an employee as pãrt of the employeefs assigned duties;
2. Will supplant the hiring of employed workers;
3. Are services or duties with respect ts which an individual has recall rights pursuant to collective bargaining agreement or applicable personnel procedures; and
-¿- 4. Have been performed by or were âss¡gned to any presently employed worker; an employee who recently resigned or was discharged; an employee who ls on leave, on strike, being locked out, subject to a ¡,eduction in force, or has recall rights subject to a collective bargaining agreement or applicable personnel procedure, _ IX. SERVICES NOT PROV¡DED FOR
No claim for services furnished by Contractor not specifically provided for herein shall be honored by the County,
X. INDEPENDENT CONTRACTOR
It is agreed by the parties that at all times and for a[ purposes hereunder, the relationship of the'Gontractorto the County is that of an independent'contraotor and not an employee or agent of the County,
XI. COMPLIANCE WITH LAWS
ln providing all servlces pursuant to this Agreement, the Gontractor shall abide by all statutes, .ordfn4nces, rules and regulations pertaining to or regulating the provision of such servioes, ineluding those now in effect and hereafter adopted. Any'violatisn of said statutes, ordinances, rules, or regulations shall constitute a material breaoh of this Agreement and,çhall entitle the Gounty to têrminate this Agreement immediately upon delivery of written notioe of 'temination to the Contractor.
XII. STATE TAX LAWS
The Counly shall not make final payment until the Contractor has made satisfactory showing that it hag complied with the provisions of Minn. Stat. S 290.92 requiring the withholding of state income tax from wages paid to the Contractor's employees and til ernployees of any subcontractors hired by the Contractor for work performed r¡nder this Agreement. The Contractor willprovide the County with a letter stating the requirements have been met.
XIII. SUBCONTRACTINGANDASSIGNMENTS
Gsntractor shall not enter into any subcontract fsr performanoe.of any of the services contsmplated under this Agreement, nor assign any interest ln the Agreement without the prÍor written approvâl of the Coun$ and subject to such conditions and provlsions as the County may deem necessary. The Contractor shall be responsible forr the perfonnance of all subcontractors.
XIV. PAYMENT TO SUBCONTRACTORS
The Contractor shall comply with the provislons of Minn. Stat. $ 471.425, subd. 4a, relating to prompt payment to subcontrac'tors. The Gontractor shall pay any subcontractorwithin 10 days of Gontraclofs receipt of payment from the County for undisputed services provided by the subcontractor. The Contractor shall pay interest of 11/zo/o per month or any part of a month to the subcontractor on any undisputed arnount not paid on time to the subcontractor. The minimum monthly interest penalty payment for unpaid balance of $100 or more is $10. For unpaid balanee of less than S100, the Contractor shall pay the actual penalty due to the subcontractor. Any
-3- subcontractor who prevails in a civil action to collect interest penalties from the.Contractor shall be awarded its costs and disbursements, including attorney's fees, incuned in bringing the action.
)ff-. CONFLICT OF TERllilS AND CONDITIONS
lf there is a conflict in the terms and oonditions contained in this Agreement.and the proposal submitted by the Contractor, the terms and conditions contained in thls Agreement shall take precedence Over those in the ContractoÈs proposal,
)nfl. MoDtFtoATtoNs
Any material alterations, modifications or variations of the terms of this Agreement shall be valid and enforeeable only when they have been reduced:to writing as an amendment and signed by the parties.
XVII, AFFIRMATIVEACTION
ln accordance with Anoka Gounty's Affirmalive Action Policy and the County Gornmissioners' policies againsl discrirninationi no person shall illegally be excluded from full- time'employrnent rights in, be denied the benefits of, or be otherwise subjected,to discrimination in the program whieh is the subject of this Agreernent on the hasis of race, creed, color, sex, sexual orientation, marital status, public assistance status, age, disability, or national origin.
XVIII. EATA PRIVAGY
ln coltec,ting, storing, using and disseminating data'qn individuals in the course of,providing seruices hereunder, the Contractor agrees to abide by all pertinent state and federal stâtr¡tês¡ rules and regulations covering data privacy, including, but not limited to, the Minnesota Data Practices Act and all rules promulgated pursuant thereto by the Gommissioner of the Departrnent of Administration.
All data ereated, collected, reoeived, stored, used, maintâined, or disseminated by the Contractor in performing this Agreqment is also subjeotto the provisions of Minn. Slat. $,131et, seq. (the. M¡nnesota Gov-ernment Datá Praetioes Ac$ ãnd, pursuant to that slatute; ;the Goñtrac'tor rnust comply with the requirements of that statute as if it were a government entþ All remedies. set,forth in Minn. Stat. $ 13-08 shall also apply to the Oontractor. The Contractor is not'required to provide public data to the public if that same data is available from the County, unless stated' othe¡wise in this Agreement.
XIX. EARLYTERMINATION
This Agreement may be terminated by the County at any time, with orwithout cause, upon fourleen (14) written days notice delivered by mail or in person. Notice to Contrac'tor shall be delivered to Contractor at the address first written above. lf nolices are delivered by mail, they shallbe effective two days after mailing
Upon early termination by the County, the Contractor shail only be entitled to payment for services satisfactorily performed through the date of termination and shall not be entilled to any other payment and/or damages,
-4- XX. EEFAULTANÐREMEDY
Failure of the Contractor (including the failure of any employee or agent of the Contractor) to abide by any sf the terms, conditions, or requirements exprêssed in this Agreement shall constitute a default if not properly conected by the Contractor upon receipt of a notiee of deficienc! and a request for eornpliance from the County. ln the event of a default by the Contractor, the Gounty may canoelthis Agreement by sending a written notice of cancellation to the Contractor at the address stated above, and may recoverfrom the Contractor any damages sustained bythe County whieh rnay directly or consequently arise out of the breaeh of this Agreement by the Contractor.
)fiI. ENTIRE AGREEMENT
It is understood and agreed by the parties that the entire agreemerits of the parties is conlained herein and that this Agreement supersedes all oral agreements and negotlatlons be-tween the partiês relating to the subject matter hereof as well as an!¡ previous agreernents Bresentfy'in ç'ffeqt'between the'Gount¡¡ and Gonlractor relating to the subject matter hereof. The parties,hereto revoke any prior oral or written agreement between,themselves and hereby agree thatthis Agreement is thé only and complete agreement regarding the subject hereof.
lN WTNESS WI{EREOF, the parties hereto have hereunto set their hands.
COUNTY OF ANOKA MINNÉSOTA CONSERVÂTION CORPS
BY: By: Rhonda Sivaraþh, Ghâir Anoka Gqttnty Bôard of Commissioners lts:
Dated: Dated:
By: By: I JerrySoma County Adrninistrator Its: : .
Dated: Dated:
APPROVED AS TO FORM
By: Dan Klint Assistant County Attorney
Dated: dk\contractsuol 4\Conservatlon Corps G0003990
-5- Exhibit A
Descrìption and scope of work for the project: 2015 Parks and Reereation Crew
THE CORPS represents that it is rtuly qualifieã and agrees to provide the services described in this contract.
TERM OF CONTRACT
js 1 . I Effectiye date: March 2d , 2Ol 5, or the date THE CORPS obtains all required signatures, whichever later. 1.2 ßxpirafioin,date: Deceurber 3l't, 2015, or until all obligations have been satisfactorily fulfùled; whi chever oocurs first-
DUTIES OF THE CORPS
2.1 Complete services as specified in the project request, which is attached hereto, and shall be a part of this contract. 2.2 Enroll ard supervise AmeriCorps rnemberS in acoordancs Wilh'prograrn grridelines, 2.3 Provide basic orientation and training as appropriate for corpstnembers. 2.4 Provide consr¡ltation and on-site project review to ensurc that service is plogressing in accordance with this work order and program guidelines. 2.5 P¡ovide personnel and payroll administration for corpsmembers. 2.6 Provide all necessary transportation of corpsrnembeñ to andfrom.service sites. 2.'7 Provide basic tools, sâfety gear, personal supplies:and equiprnent needed by corpsrnernbefs to meet all Project Host and federal safety requirements. 2.8 Provide profeqsional liability and worker's compensation insuranoe for all.corpsme¡nbers. 2.9 Tract services cómpleted and rnake this inforrnation available to PROJECT HOST upon.request.
DUTIES OF PURCHASÈR
3.1 Provide on-site project specific direction and assistance to- the corpsrnernber(s). 3.2 Provide at least one mediapromotion to the public stating that the services(s) arebeingpe¡formed by THE CORPS. Any publicityregarding the subjecLmatte¡ o,f thjs work order¡nust'notbe,released witho.B! prior approval from the Corps' Authorized Representative, 3.3 Ensure safe working conditions in and around project areas tha.t meef all PROJ-ECT HOST,and fèderal standards. 3.4 Secure all local, county, and federal pennits required by law prior to the commencement of work 3.5 Provide Conservation Corps Crew with training and educational opportunities relevant to the services being perfonned. This inclucles an on-site project overview at the outset ofthe project rvhich sutlines project background, goals and overall outcomes expected as a result ofthe crew's efforts. 3.6 Provide speoialized tools, safety gear, personal supplies and equipment that are not available tlrough the Corps that is needed by corpsmembers to meet all PROJECT HOST and federal safety requirements. 3 .1 Assist in the acquisition of camping/lodging accomrnodations if necessary. 3.8 ?rovide all project rnaterials, supplies and chemicals.
PAYÙIENT
4.1 PURCI-IASER will pay THE CORPS for services performed by TFIE CORPS. 4.2 PURCHASER's obligation to TI{E CORPS under this conTract is up to a maxirnum of 8140,000.00, based on the following fee scheclule: S 19.50 per crn/hr plus rei:nburselnent of costs for herbicide and rental equiprnent when not provicled by host. 4.3 THE CORPS rnay invoice rnonthly. Îl-IE CORPS shall send hnal invoice to PURCFIASER upon service
T}IE CORPS Service Agreement: Januaty 27, 2015, Page I Anoka County Parks and RecreqlÌo¡t completion. 4.4 PURCHASER sháll rnake payment rvithin 30 days of receipt of invoices.
CÄNCELLATION
5.1 This contact may be cancelled by the PURCHASER or THE CORPS at any tirne, w-ith or without cause, upon 30 days rvritten notice to the other party: In the event of such cancellation, THE CORPS shall be entitled to payment for services perfonned. 5.2 THE CORPS reserves the right to withdraw corpsrnembers from PURCHASER for emergency response wqrk including, but not lirnited to, natural disasters and wild fire respoße. Rcasonable effsrts will be made to.accommodate the needs of the PURCHASER. PURCIIASER has no funding comrnitment to THE CORPS for services completed while corpsmembers have been withdrawn from PURCHASER for ernergency respoûse. PURCI{ASER shall remain liable for paynrent for services that THE CORPS provides to PURCHASER.
AT'TT{.ORJ ZED REPRE SENTATIYE S
6, I THE CORPS's Authcirized Representa tive ís Briun Milter, Cental Dßtrict Manøger, 60 Plato Bh'd rì 'i E, STE 210, St. Patù,MN 55107, (651) 209-9900 xl9, orhis/her successor, 6.2 The PURCÉIASER's Autltorized Representative is Jeff Peny, Park Operations Manager, 550 Bunker Lake Boulevetrd NW, Andover, MN 55304, (763) 767-2861, or hislher successol.
, DIIPLICÄTION. DISPLACEMENT. S:TJPPLANTATTON
10:1 Conservation Corps crews are subject to the provisions of 42 U.S.C. $$ 12501 - I26BZand 45 C.F.R. parts 2500 - 2550. These larvs require, in part, that AmeriCorps assistance be used only for a program that: 10;tr.I Does not duplicate, and is in addition to, aa activity otherwise available in the locality of the program; l0.l,2 IVill not displaoe an emBloyee or position, including partial displacement such as reduction in hours, wages, or eürployment benefits; and 10.1.3 Will not create a service oppornrnity that will infringe on the promotional opportunity of an employee, 10.2 An AmeriCorps/Conservation Corps rnenber shall not perfonn serdces or duties or engage in activities that: I0,2.I Would otherwise be performed by an employee as part of the employee's assigned duties. I 0.2.2 \Vill supplant the hiring of employed workers. 10.2.3 Are services or duties,with respect to which an individual has recall rights pursuant to a collective barga inin g a greem ent or applícable personnel procedures. 10.2,4 Have been perfonned by or were assigned to any pfesently employed rvorker; an employee rvlto recenfly resigned or was discharged; an employee who is on leave, on strikg being locked out, subject to a reduction in force, or has recall rights subject'to a collective bargaining agreetnent or applicable personnel procedure.
THE CORPS Servìce Agreernent: January 27,2015, Page2 Ánoka Countv Parks and Recrettliott CONSERVATION GORPS MINNESOTA PROJECT REQUEST T'ORM G0ns ef u¿ww.consewationcom ffi{}r $ ffiMI N Ê5.OTA Projqct llost Agenc¡'/Org¡nization Date Anoka County Parks and Recreation Dipartrne nt 6113./15
Projcct Contact Persqn Cont¡et Adilress TelcphoneNo Jeff Perry 550 Bunker Lake Blvd. 763-767-2861 Andover, I\iD{ 55304 E-mail Address Jeff. oe rrvlôco -anoka. mn. u s Name of Projcct Projcct Addrcss (¿\rcr, Parlq County, etc) 2015 Anoka County Parks 550 Bunker Lake Blvd. ahd Recreation Cr¿rv ,{.ndover, MN 55304
Projcct Location (,{rca, Sitè, ctc - includeirap and/or diierfiôns to providc io cieiv); Base Station: 1350 Bunker Lake Blvd. ' AndoverMN 55304
Purpose or Reâson.for l rojcct: To assist theNatural Resotirces and Parks Maintenance Units rvithimplementing project5 ¡'elated to ecological restoration, hdticulture, fishçries and wildlife management, soil stabiiization, rvãtbr iesouices marìagêment, and par,ks maj ntenarìae related projects
Dët:¡lìed ErplAnålion ofrProjcct: Ecological rçstoration: Remove invasive species, apply herbioido, site prep, Rx burning, seeding, planting, mowing, seed coì lection, propagation, recording data. Horticuiture: Rgmsve invasive specias, pruning, tree removal, plantìng mulching, plant diyision, fertilization, pest control, watering Fisheries and -'tiMildlife rnanagement: stream lrabilat restoration, water quality nronitoring, rvildlife habitat restoration, wìldlife surveys and monìtoring, deer and goctse managernent, trappingn special hunt monitoring, data collection. Soi.l stabilizationl Ripar,ian arÊa bioengineering using native plants, plant collection, plantirig, erosion control, Waler resource management: wetland restoration, plant inr.entories, monitoring, culveÉ repair and roplacemeut, invasive species control, herbicide applications. Parks maintenancel Painting/staining, roofing, sign installation. and repair) landscaping, carpe¡rlry, trail artd roadway repâir. Dicnic table repair. tree removal. trail corridor maintenance. iffieation. cleaning. \Vitl,supervision or tcèhnicâl rissistâncc/lraiiring,bc provided by the rqqúestiir4 q-gencÍ? El V* E No.(lf.Yes,.answer 1-3) I) Nnmc of Person 2) Posit¡on or Title 3) Time,co'mm¡tment Glenn Fuchs, Tim Sevcik Natural Resources Specialist As needed
Will icqucsiing agericy providc n rvork site orientation, projcct overvicrr and history, or.any óiher applicablc on.iitc trâining for the crcrv? ñ Yes I-'l No Crov Type: fi Young Aclult crew (4-5 rneml*rs in size including Cruv Lcader. .Availablc ì\,lid-February lltrrt lvfi Can projccl bc accomplishcd intßrmittcntly? El Yes E t¡o Rcqueslir¡g Priorig for this Projcct (Erpla na lion) : lligh ^gcncr's/Division's THE CORPS Service Agreenrent: January 27,2015, Page 3 Anoka Countl, Parks atvl Recreatíon EXH¡BIT B GONSTRUCTION'MAINTENAN CE ($25,ooo ro $loo,o0o) INSURANCE REQUIREMENTS Bidders/contractors/consultants (hereinafter referred ts as the "Contractoi') will procure and maintain for the duration of this AgreemenU0ontract (hereinafter refened to as the "Contracf), insurance coverage for injuries to persons or damages to property which may arise from or in connection with the performaRce of the work herein by the Gontractor, its agents, representatives, employees,orsubcontractors. ANOI(A COUNTY'OONTRACT NUMEER: c0003990. 1.1 Commercial General tiabilþand Umbrella l-iabitity lnsurançe. Oont¡,actorWill maintain CornmercialGeneralLiability (CGL) and, if necessary, comrnercialumbrella insurance with a limit of not less than $2,000,000 eaeh occurence. 1.1.1 CGL lnsurance witl be written on ISO occurrence form GG 00 01 96 (or a substitute form providing equivalent coverage), and will cover liability arising from premises, oBerations, independent contractors, products-comple:ted operationg, personal injur,y and advertlsing injury, and liability assumed under an ¡nsured contract inoluding the tort liabilit¡¡ of another assumed in a business contract. 1.1.2 Anoka CounÇ, including allits elected and appointed officials, allits employees and volunteers, all its boards, oommissions and/or authoritles and theìr board ¡¡.rembersi employees, and volunteers, and all its officers, agerits,,and egns-ultants, are named as Additional lnsured under the CGL, using ISO additional insured endorsement CG 20 10 10 01 and CG 2A 37 10 01 or suþstitute provlding equivalent cover€ge, and under the cornmeicial umbrella, if an¡¡, with rbspecttõ ilability arising out of the Contractor's work and seruioes peÉormed for the County. This coverage:shall be primary to the Additional lnsured. 1,1.3 The Oounty's insurance will be excess of the Contraeto/s insurance and will not contribute to it. The Gontractols coverage will cpntain no sBecial limitatlons on the scope of protection afforded to the County, its agents, off¡eÆrs, direotors, and employees. 1.1.4 Govergge as required in paragraph in 1.1 above will include Per-Project General Aggregate Lirnit, uslng ISO form CG 25 03 (or a substitute Íorm providing equivalent coverage). 1 .1 .5 Walver of Subrogation. Gontrac{or waives all rights against Anoka County and itg agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Commercial General Liabili$ or commercial umbrella liability insurance obtained by Contractor pursuant to Paragraph 1.1. 1.2 Automobile Liability and Urnbrella Liability lnsurance. Contractor will maintain automobile tiability and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each accidenl 1.2,1 Automobile insurance wjll cover liability arislng out of Any Auto (inoluding owned, hlred and non-owned autos). lf the Csntractor does,not owR any vehicles, Anoka Coungwill accept hired and non-owned autos with a lelterfrorn the Contractor stating that it does not own any autos. 1.2.2 Coverage as required in paragraph in 1.2 above will be written on ISO form CA 00 01, or substitute form providing equivalent liability coverage. lf necessary, the policy will be endorsed to provide contractual liability coverage equivalent to that'provided in the 1990 and later edition oJ'OA 00 O1 , 1.2;3 Waiver of Subrogation. Contraetorwaives all rights:againsl Anoka Gounty and its agents, officers, directors and emplo¡¿ees for recovery of damages to the extent these damages are covered by the business auto líabi[ity or commercial umbrella liability insuranoe obtained by Conkaetor pursuant to Faragraph 1.2 herein. 1.3 Workers'Gompensation lnsurance. Contractorwill maintain Worlçers'Compensation lnsurance as requ¡red by the State of Minnesota and Employers Liabllit¡¡ lnsuranoe with limitS not less than $500,000 Bodily lnjury By Accident fôr each accident, not less than $500;000:Eodily lnjury B-y Diseaseeaðn êmþtoyee, and notìtèss than $500,000 Bodily lnjury,B¡¡ Disease polícy limit. 1.3,1 lf Gontractor is not required by Statute to cany Workers' Compensalion insurance, eontractor must provide a letter on their lettê¡:heàd Wh'ich includes: 1.3.1.1 Evidence as to why the Contractor is not required to obtain Workers' Compensation lnsurance; 1.3.1.2 A statement in writing which agrees to provide nolice to Anpka County of any change in Contractols exception status under Minn. Stat. $ 176.041; and 1.3.1.3 A statement which agrees to hold Anoka County harmless and indemnify the County from and againstany and all claims and losses brought by Contractor or any subcontraetor or other persons clalming injury or illness resulting from performance of work fôrlhis Oontraet. 1.3.2 Waiver of Subrogation. Contractor waives all rights against,Anoka County and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employe/s llabifity or commercial umbrella liabillty insurance obtained by Contractor pursuant to Paragraph 1.4 herein. Contrao{or will obtain an endorsement equivalent to WC 00 03 13 to affect this waiver. 114 Other Insurance Provisions 1.4.1 Prior to the start of this Contract, Contractor will furnish Anoka County with a certificate of insurance and copies of the endorsements, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth herein. 1.4.2 Cancellation and Maleilal Change Endorsement shall be included on all insurance policies requ.ired by the County. Thirty (30) days Advance Written Notièe of Gancellation, Non-Renewal, Reduction in insurance coveragè and/or limits, and ten (10) days written notice of non-payment sf premium shall be sent to the Gounty at the offìcæ and attention of the Certifieate Holder. This endorsement super.sedes the Standard Canoellation Statement on Certifioates of lnst¡rance to which this endorsement is attached. 1.4.3 No Representation of Coverage Adequacy. By requiring insurance herein, Anoka County does not represent that coverage and limits will necessarily be .adequateto p¡otestthe Contraçtor and such ooverage,and limits shall not be deerned' as'a: limitat¡on on Contractor's liability under the indernnities gmnted to Anoka County in thiç Contract. 1.4.4 Failure of Anoka County to demand such certification or other evidenee of full compliance with these insurance requirements orfailure of Anoka,County to ident¡fy defioiency from evidence that is provided willnot be construed ad a waiver of Gontractot's obligation to maintain such insurance. 1.4.5 Failure to malntain the required insurance may result in termination of this Contract atAnoka Countyrs option, 1.4.6 Êontråcto¡:will provide certified copies of all insurance policies required herein within ten (10) days if requested in writing by Anoka Count¡¡. 1A,7 Cr,oss-Liability coverage. lf Gontraoto/s liability does not contain the standard ls0,separation of insured provision, or a substantìally similar clat¡se, they shall be endorsed to provide cross-liability coverage. 1.4,8 For any po.lioy written on a claims-made basis, the Contractor warrants that any retroactlve date applicable to coverage underthe policy precedes the eff-ective dates of this Gontract; and that continuous coverãge will be maintained fo¡, extended discovery period of two (2) years beginning from the time that work underthe Contract is eompleted. 1.4,9 Acceptability of lnsurer(s). Anoka County reserues the right to reject any insurance carriers that are rated less than: A.M. Best rating of A: lV. ANOKA COUNW PROPERTY RECORDS AND TAXATION COMMITTEE CHAIR REPORT Com mission e r J im Kord i a k FOR THE FEBRUARY 17,20T5 COUNTY BOARD MEETING *Act¡on ltems * l_. The chair recommends the county board approve and execute the elections contract (Contract #C0004046) with lnTech, lnc. for a Purchase of Service Agreement - Modus Elections Manager in the amount of 567,480 in 20L5 and $69,167 in2016 effective January L,2075 through December 31,,2016. See attached memo dated January 28, 2015, and contract. *2- The chair recommends the county board approve the following contracts for election services supplied by Anoka County for the following school districts: a. Anoka-Hennepin ISD #11, Contract No. C0004047 Term : Ja n ua ry'J., 2015 th rough December 3L, 201,6 Cost to School D¡str¡ct: SSZ,S¿O b. Centennial ISD #L2, Contract No. C0004048 Term: April L, 2015 through December 3I,2OL5 Cost to School District: S1,600/precinct Fridley ISD #14, Contract No. C0004049 Term: April1,2015 through December 3L,20t5 Cost to School District: S1,600/precinct il d. St. Francis ISD #15, Contract No. C0004050 Term: April 1,2015 through December 3L,z0ts Cost to School District: S1,600/precinct e. Spring Lake Park ISD #16, Contract No. C0004051 Term: April 1,2015 through December 3L,2015 cost to school D¡stríct: $1,600/prec¡nct f. Forest Lake ISD #831-, Contract No. C0004052 Term: February 7,2OI5 through June l-5, 2015 Cost to School District: St,600/precínct See attaçhed memos dated January 28,2OL5, and Anoka-Hennepin ISD #1,1-, Contract No. C0004047.The remaining contracts are available for your review in the Property Records and Taxation Department. *3. The chair recommends the county board approve the following applications for reduction in real estate taxes for properties damaged by a disaster, as recommended by the county assessor: a. (Sivarajah) Application by Nor Por Yang - city of Lino Lakes - PIN 11-31-22- 1-1-0003 - Reduce real estate taxes payable in 2013 from $1,249.64 to 5345.95 and reduce real estate taxes payable in 2014 from 5L,166.87 to 5388.24 as home was damaged by fire on March 37,2OI3. The owners do not plan to rebuild. b. (Schulte) Application by Kevin and Jo Ellen Libby - city of Andover - PIN 08- 32-24-22.0026 - Reduce real estate taxes payable in 2014 from 52,045.06 to St,tsS.6+ as home was damaged by fire on June 2L,201,4. The owners do . not plan to rebuíld. c. (Look) Application by Crystal Reiter - city of Oak Grove - PIN 04-33-24-23- 0004 - Reduce real estate taxes payable in 2014 from S1,944.57 to 51,434.82 as home was damaged by fire on June 5,201-4 and uninhabitable untilOctober L5,20L4. Applications are available for review in Administration. *4. (Sivarajah) The chair recommends the county board adopt resolution #PRT-1 Resolutíon Realigning a Split Residential Parcel Pursuant to Minnesota Statutes Section t23A.455 (Josh and Mary Maloy). See attached resolutíon. * Requîres board approval. lnformation ltems 5. The chair has reviewed and sent for approval various tax claims and abatements that will be considered by the county board on February 17 ,2015, as recommended by the chair. i Anoka County PROPERTY RECORDS & TAXATION DIVISION Elections & Voier Registration MEMORANDUM TO: Anoka County Board FROM: Cindy Reichert, Anoka County Elections Manager SUBJECT: Recommend approval of contract #C0004046. Renewal of contract between lnTech Software Solutions, lnc. and Anoka County fcjr use of Modus Elections Manager Software at a cost of 567,480 for 201-5 and 569,167 for 2016. DATE: January 28,201,5 Background ln May of 2OIt the County Board first approved a contract with lnTech Software Solutions, lnc. for use of the Modus Elections Manager software by county and city election offices. Modus has been well-received and has helped to achieve efficiencies in every jurisdiction in our county. We are proposing to renew the contract for the 2015-2016 election years. The contract is essentially unchanged from the last version approved in 2013 with only the following minor changes: ¡ Term of Agreement - Authorizes renewal for up to three additional two year terms upon reasonable notice and written agreement of the parties. . Appendix B - Pricing has been updated to reflect cost for 2015-20L6 years using a previously agreed upon 2.5% adjustment to the base cost for each year. . Appendix D - Technology Usage Agreement has been updated to include the most recent version adopted by our lT department Renewal Dates The previous contract also allowed for automatic renewal, but the changes listed above require that we bring the contract forward as a new contract rather than a renewal. Since we are already moving forward with use of the program for our 2OL5 elections, we are requesting approval at the board's earliest opportunity. Reimbursement from Government Partners This software is considered a component of the vot¡ng equipment system. Since 20L3 the county has received reimbursement from our cities and schools 'for 45% of the annual license fee pursuant to the adopted JPA for Allocation of Election Costs, reducing the effective cost to Anoka County. Cost of the contract to the county and the reimbursement to the county by our local government partners is as follows: Year License Fee City/School Reimbursement Effective County Cost 20L5 s67,480 s30,366 537,114 201,6 569,1,67 531,125 538,042 Success of the Svstem lnTech has added several new Minnesota customers including the Cities of Northfield, Crystal, and Lakeville. They have also recently secured contracts in Missouri and Kansas. As their customer base has grown they have provided us with new product features at no additional cost, and continue to seek our input on potential improvements to the system. We continue to enjoy a cooperative working relationship. Anoka County Contract No. C0004046 PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303 ("County"), and lnTech Software Solutions, lnc., a Minnesota corporation, 12240 - 51st Avenue North, Plymouth, Minnesota 55442 ("Contractor"). WITNESSETH: WHEREAS, Anoka County manages elections within their jurisdictional authority and in conjunction with the ju risdictions item ized herein ("Affiliates"); a nd WHEREAS, Contractor has developed an online service known as Modus Elections Manager ("Modus") by which governmental entities may manage various aspects of preparing for, training for, and implementing governmental elections; and WHEREAS, the County is in need of services to manage Anoka County elections operations and logistics; and WHEREAS, the Contractor represents that the Contractor is qualified and willing to furnish these services. NOW, THEREFORE, in consideration of mutual covenants, agreements and payment set forth in this Agreement, the parties agree as follows: l. TERM: ThisAgreementshall commenceonJanuaryl-,2OtS,andterminateonDecember3L,2016,unless earlier terminated as provided herein. At the end of the Term, this Agreement may renew for up to three (3) additional two year terms, upon reasonable notice and written agreement of the parties. The renewals will be on the same terms as the initial agreement and are subject to the pricing terms indicated in Exhibit B. Upon expiration or termination of this Agreement, lnTech will make the County Data available to County, and County will no longer have access to Modus. ll. SERVICES: The County agrees to purchase and the Contractor agrees to furnish the services set forth in Contractor's Statement of Work, which is attached to this Agreement as Appendix A and incorporated herein by reference. These services are generally described as follows: Description of Services: Provide access to Modus Elections Manager, a web-based, vendor-hosted program for the purpose of managing data related to election logistics and operations planning. COMPENSATION: For services satisfactorily performed in accordance with Section ll of this Agreement, the County shall pay the Contractor at the rates set forth in Appendix B,-Pricing. Payment shall be made pursuant to the provisions of Appendix B, which is attached hereto and incorporated herein by reference. ln the event any modification or addition to the services described in Section ll requires services in excess of the Contract Maximum, the Contractor shall not proceed until the County has approved such modification or addition by written amendment to this Agreement. tv. AUDIT DISCLOSURE AND RETENTION OF RECORDS: The Contractor agrees to make available to duly authorized representatives of the County and of the State of Minnesota, for the purpose of audit examination pursuantto Minn. Stat.51-6C.05, any books, documents, papers, and records of the Contractor that are pertinent to the Contractor's provision of services hereunder. The Contractor further agrees to maintain all such required records for six years after receipt of final payment and the closing of all other related matters. V. HOLD HARMLESS: The Contractor agrees to indemnify and hold harmless the County, its commissioners, officers, agents and employees against any and all claims, losses, damages, costs, judgments or expenses, including reasonable attorney's and other professional fees, to the extent resulting from any negligent or intentionally wrongful act or omission, including, without limitation, professional errors or omissions by the Contractor (including its officers, employees, agents and subcontractors) arising from the performance of its services pursuant to this Agreement, and against all loss by reason of the failure of the Contractor, its officers, agents, employees or subcontractors fully to perform all obligations under this Agreement. vt. CONTRACTOR'S INSURANCE: The Contractor shall comply with all requirements of Appendix C, which is attached hereto and incorporated here¡n by reference. vil. INDEPENDENT CONTRACTOR: lt is agreed by the parties that at alltimes and for all purposes hereunder, the relationship of the Contractor to the County is that of an independent contractor and not an employee or agent of the County. vt¡t. COMPLIANCE WITH LAWS: ln providing all services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, inctuding those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a mater¡al breach of this Agreement and shall entitle the County to terminate this Agreement immediately upon delivery of written notice of termination to the Contractor. tx. STATE TAX LAWS: The County shall not make final payment until the Contractor has made satisfactory showing that it has complied with the provisions of Minn. Stat. 5 290.92 requiring the withholding of state income tax from wages paid to the Contractor's employees and to employees of any subcontractors hired by the Contractor for work performed under this Agreement. The Contractor will provide the County with a letter stating the requirements have been met. x. SUBCONTRACTING AND ASSIGNMENTS: Contractor shall not enter into any subcontract for performance of any of the services contemplated under this Agreement, nor assign any interest in Agreement, without prior written approval of the County subject to such conditions and provisions as County may deem necessary. The Contractor shall be responsible for the performance of all subcontractors. Xl. PAYMENT TO SUBCONTRACTORS: The Contractor shall comply with the provisions of Minn. Stat. 5 471,.425, subd. 4a, relating to prompt payment to subcontractors. The Contractor shall pay any subcontractor within 10 days of Contractor's receipt of payment from the County for undisputed services provided by the subcontractor. The Contractor shall pay interest of I%% per month or any part of a month to the subcontractor on any undisputed amount not pa¡d on time to the subcontractor. The minimum monthly interest penalty payment for unpaid balance of 5100 or more is S10. For unpaid balance of less than 5100, the Contractor shall pay the actual penalty due to the subcontractor. Any subcontractorwho prevails in a civil action to collect interest penalties from the Contractorshall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. Xll. CONFLICT OF TERMS AND CONDITIONS: lf there is a conflict in the terms and conditions contained in this Agreement and the proposal submitted by the Contractor, the terms and conditions contained in this Agreement shall take precedence over those in the Contracto/s proposal. Xlll. MODIFICATIONS: Any material alterations, modifications or variations of the terms of this Agreement shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. XlV. NON-DISCRIMINATION: The Contractor agrees as follows: A. ln accordance with the County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, sexual orientation, maritalstatus, public assistance status, age, disability, or national origin. B. The Contractor hereto agrees to comply with the provisions of Executive Order No. 11-246, (in revised order) entitled "Equal Employment Opportunity," as supplemented in the Department of Labor Regulations (41 CFR, Part 60) and as amended by Executive Order 11375 and all other applicable state and federal regulations. c. Contractor agrees to comply w¡th all affirmative action or equal employment opportunity requirements imposed upon County or the Contractor by any other federal or state law, rule or regulation. Contractor further agrees to furnish all information or reports that may be required by above cited Executive Order, Department of Labor regulations or any other state or federal agency, or as required by County. D. This Agreement may be canceled or terminated by the County, and all money due, or to become due hereunder, may be forfeited for a second or any subsequent violation of the terms or conditions of this subdivision. XV. DATA PRIVACY: ln collecting, storing, using and disseminating data on individuals in the course of providing services hereunder, the Contractor agrees to abide by all pertinent state and federal statutes, rules and regulations covering data privacy, including, but not limited to, the Minnesota Data Practices Act and all rules promulgated pursuant thereto by the Commissioner of the Department of Administration. All data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing this Agreement is also subject to the provisions of Minn. Stat. S 13 et. seq. (the Minnesota Government Data Practices Act) and, pursuant to that statute, the Contractor must comply with the requirements of that statute as if it were a government ent¡ty. All remedies set forth in Minn. Stat. 5 13.08 shall also apply to the Contractor. The Contractor is not required to provide public data to the public if that same data is available from the County, unless stated otherwise in this Agreement. XVl. EARLY TERMINATION: This Agreement may be terminated by the County at any time, with or without cause, upon seven (7) days written notice delivered by mail or in person. Notice to Contractor shall be delivered to Contractor at the address first written above. lf notices are delivered by mail, they shall be effective two days after mailing. Upon early termination by the County, the Contractor shall only be entitled to payment for services satisfactorily performed through the date of termination and shall not be entitled to any other payment and/or damages. XVll. DEFAULT AND REMEDY: Failure of Contractor (including failure of any employee or agent of Contractor) to abide by any of the terms, conditions, or requirements expressed in this Agreement shall constitute a default if not properly corrected by Contractor upon receipt of a notice of deficiency and a request for compliance from the County. ln the event of a default by Contractor, County may cancel this Agreement by sending a written notice of cancellation to Contraçtor at the address stated above, and may recover from the Contractor any damages sustained by the County which may directly or consequently arise out of the breach of th¡s Agreement by the Contractor. Xvlll. ENTIRE AGREEMENT: lt is understood and agreed by the parties that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect 3 between the County and Contractor relating to the subject matter hereof. This agreement includes the equipment, services and contract requirements as noted in Appendices A through E. XlX. PROTECTION OF COUNW INFORMATION. Through the review and assessment of the County's Systems, the Contractor may be exposed to County data and/or data on individuals or organization which are confidential in nature. ln addition, the successful proposer may be exposed to confidential information relating to the County's computers, network, and programs. Hereinafter, this data and information is collectively referred to as "County lnformation." ln recognition of the need to protect the County lnformation, the successful proposer covenants and agrees that it shall regard and treat each item of County lnformation as a trade secret and/or confidential information and that it will not, without the express written consent of the County or except as required by law, redistribute, market, publish, disclose or divulge to any other person, firm, or entity, or use or modify for use, directly or indirectly, in any way, for any person or entity, any of the County lnformation. Accordingly, all employees of the Contractor that shall have access to County lnformation shall be required to execute the County's Technology Usage Agreement as set forth in Appendix D, a copy of which is attached hereto and incorporated herein by reference. At the termination of this Agreement, the Contractor shall return to the County all County lnformation. Unauthorized use of the County's data may be a criminal offense and violators will be prosecuted. Appendix A Statement of Work Appendix B Pricing Appendix C lnsurance Requirements Appendix D Anoka County lnformation Technology Usage Agreement AppendixE AdditionalTerms lNWlTNESSWHEREoF,thepartiesheretohavehereuntosettheirhandsthis 2075. COUNTY OF ANOKA INTECH SOFTWARE SOLUTIONS, INC. By: By: Rhonda Sivarajah, Chair County Board of Commissioners Its: Dated: Dated: By: By: Jerry Soma County Administrator Its: Dated: Dated: APPROVED AS TO FORM By: Christine V. Carney Assistant County Attorney Dated: Appendix A - Statement of Work (lnTech Support) Support Options: lnTech Software Solutions, lnc will provide several options for support, as follows: ¡ Phone Support: Phone support is available and will be provided during normal business hours (9:00am - 5:00pm CST) to County. ln the 7 days prior to and including the day of any state-wide electionl support will be expanded to include the hours between 7:00am and midnight. . Email Support: Users may also seek support via email at: [email protected]. This email will be monitored by support staff during normal business hours, as defined above. . Online Forum: This software forum will be available to Modus users on a 24/7 basis. lt will give users the opportunity to share knowledge and provide answers to one another. ln addition, the forum will be monitored and updated by lnTech support staff. This site will include online documentation, a knowledge base, and a forum where the user community may submit questions and/or participate in resolving questions posted by other users. lssue Response: lnTech will make it a priority to respond to County support queries as quickly as possible, and will be able to respond in most cases within hours of the submitted rqquest for support services. lnTech guarantees it will provide a response to support questions and issues by the next business day. lssue Resolution / Rollout Policv: lnTech's response to support issues will depend of the type and severity of the issue the user is encountering, as follows: ¡ User Training or Business Process: lnTech offers onsite training services which may be included in the Appendix B. Online documentation is available to users. lnTech will provide a response to County within 1- day. . Non-critical Bug Fixes. A non-critical bug is defined by lnTech as any user-experienced issue that does not block the user's ability to utilize system functions. Non-critical bug fixes or usability enhancements will be assessed, scheduled and rolled out in the next regular system release. Regular system releases are defined in the "Software Upgrades" section below. r Critical Bug Fixes. A critical bug is defined by lnTech as any bug that inhibits the user's ability to utilize the functions of the system. lnTech has multiple levels of testing in place to help ensure that these bugs never make it into our productions system. (See softwore updotes below.) ln the case that a critical bug is encountered in the system, lnTech will provide an update to the system as quickly as is possible. lnTech willtypically be able to implement critical fixes within 3 to 5 business days. Service Availabilitv: Service is intended to be available for use at all times, except for scheduled downtime, lnTech warrants availability of Service during business hours (M-F 8am-5pm) To 95% uptime. lnTech will provide County with at least two (2) weeks before scheduled downtíme, and will not schedule downtime during Election Season or other critical time periods. lf Service is documented by County to not meet this standard, lnTech will provide remedies as described in Section 8.3 of the Agreement. Other Support Notes: lnTech provides a significarit discount to Counties that have affiliate licenses. ln return for this significant discount, the County agrees to provide the first line of support to these Affiliates. lf an Affiliate encounters an issue that cannot be resolved through training or business process changes, County may then escalate the issue directly to lnTech. Software Maintenance and Support Costs: As the Modus Elections Manager is a subscription service (not sold), software maintenance and support provided without any additional cost or subscription fee. lnTech's mission is to have the Service stay current to ensure compliance with relevant Minnesota election laws. Many of these state-wide improvements to the system will be made available free of charge. ln the event that County is requesting additional new functionality (not included in the agreed upon requirements documents), this functionality can custom-coded and provided on a time-and-material basis. Release Frequencv: lnTech will schedule releases with any enhancements or bug fixes. Scheduled rollouts will occur on a weekend (Friday, Saturday, or Sunday night), between the hours of L0pm and 6:00am. Because Modus Elections Manager is a web-based system, rollouts only occur on lnTech's servers. Client software will automatically be updated the next time the user accesses into the system. Custom Written Routines: The Modus Elections Manager system was designed by a consortium of users from cities and counties of different sizes and differing business practices. As a result, the system is quite flexible and will accommodate the needs and business requirements of most, if not all jurisdictions. ln the event that a County,has a requirement for new functionality not provided ín the system, lnTech will work to try to ensure that this functionality can be included in the next state-wide release of the system to all users. This approach will have at least 2 significant benefits: (1) it will improve the Modus Elections Manager system for the greater user community; and (2) ¡t w¡ll provide a significant support cost savings to County. Trainins: With each new customer, lnTech includes installation and configuration services. Elections staff will be personally trained and well acquainted with the system upon the completion of these configuration activities. For other jurisdictions in Anoka County, lnTech can provide training in either of the following methods: . Train the Trainer: Anoka County staff can be trained and provided with the knowledge needed to conduct training sessions with the elections staff in its cities and townships. . Group Training: Anoka County may opt to invite its election staff from cities and townships to attend one or more group tra¡ning sessions conducted by an lnTech trainer. (Recommended) r Online User Documentat¡on. Svstem Technolosv: Modus Elections Manager is a web-based application built on the Microsoft Silverlight 5.0 platform. As a result, the system will be accessible only from location where internet services are available, and on browsers and operating systems which at least support Microsoft Silverlight version 5.0.61L18.0 or higher. ln the event the Modus Elections Manager is revised or otherwise requires use of a newer version of the Silverlight or other software / operating system, lnTech will advise County at least sixty (60) days prior to such conversion taking effect. Microsoft Silverlight is currently supported on the following browsers: ¡ lnternet Explorer Version 6-SP1 or higher r Firefox Version 3 or higher . Google Chrome r Safari Microsoft Silverlight is currently supported on the following Operating Systems: o All Microsoft Windows operating systems, XP or higher o Mac OS 10.4 or higher All supported user platforms must meet these minimum requirements. Appendix B - Pricing l. Pricíng While the benefits of the MODUS environment are greatly realized during even year elections, MODUS is licensed annually, on a calendar year basis, with a minimum 2year subscription.-The minimum subscription period reflects Contracto/s ongoing support, development, hosting, and system administration costs outs¡de of even election years and allows users to spread payments more evenly across each two year cycle. Pricing for the 2015-2016 election cycle is as follows: License Fee 2015 s67,480.00 License Fee 2016 s69,167.00 o Annual license fees will be increased by an amount not to exceed 2.5% per year. . Optional consulting fees for special projects will be charged at an hourly rate of $tOO per hour. . A trip charge reflecting current mileage rates may be applied for on-site support calls. ll. Affiliates Authorized affiliate municipalities included in this subscription are as follows: City of Andover, City of Anoka, City of Bethel, City of Blaine, City of Centerville, City of Circle Pines, City of Columbia Heights, City of Columbus, City of Coon Rapids, City of East Bethel, City of Fridley, City of Ham Lake, City of Hilltop, City of Lexington, City of Lino Lakes, Linwood Township, City of Nowthen, City of Oak Grove, City of Ramsey, City of Spring Lake Park, and City of St. Francis. Appendix C Anoka County Professional Services - INSURANCE REQUIREMENTS Consultants (hereinafter referred to as the "Contractor") will procure and maintain for the duration of th¡s Agreement/Contract (hereinafter referred to as the "Contract"), insurance coverage for injuries to persons or damages to property that may arise from or in connection with the performance of the work herein by the contractor, its agents, representatives, employees or subcontractors. CONTRACT NUMBER: l.L Commercial General Liability and Umbrella Liability lnsurance. Contractors will maintain Commercial General Liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than S2,oo0,0oo each occurrence. 1.L.1 CGL lnsurance will be written on ISO occurrence form CG 00 01 96 (or a substitute form providing equivalent coverage), and will cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract including the tort liability of another assumed in a business contract. 1.L.2 Anoka County will be included as an insured under the CGL, using ISO additional insured endorsement CG 20 10 1-0 01 and cg 20 37 10 01 or substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Anoka County. There will be no endorsement or modifications of the CGL to make it excess over other insurance available; alternatively, if the CGL states that it is excess or pro-rata, the policy will be endorsed to be primary with respects to the additional insured. 1.1.3 The Cou nty's insu ra nce will be excess of the contractor's insu ra nce a nd will not contribute to ¡t. The contractor/s coverage will contain no special limitations on the scope of protection afforded to the County, its agents, officers, directors, and employees. 'J..2 Professional Liability and Umbrella Liability lnsurance. Contractor will maintain Professional Liability or Errors and Omissions insurance appropriate for the profession that they are engaged in, with a limit not less than 52,000,000 per loss and 54,000,000 aggregate. All claims-made form policies will be maintained for at least two years following the completion of work. :l¡ t.2.1. All sub-consultants to the Contractor providing professional services under this contract will also l provide evidence of professional liability insurance to Anoka County at the limits specified in paragrph1.2. 1.3 Automobile Liability and Umbrella Liability lnsurance. Contractor will maintain automobile liability and, if necessary, commercial umbrella insurance with a limit of not less than S2,000,000 each accident. t.3.I Automobile insurance will cover liability arising out of any auto (including owned, hired and non- owned autos). lf the Contractor does not own any vehicles, Anoka County will accept hired and non-owned autos with a letter from the Contractor stating that it does not own any autos. I.3.2 Coverage as required in paragraph in 1.3 above will be written on ISO form CA 00 01, or substitute form providing equivalent liability coverage. lf necessary, the policy will be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later edition of CA 00 01. 1.3.3 Waiver of Subrogation. Contractor waives all rights against Anoka County and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Contractor pursuant to Paragraph L.3. r.4 Workers' Compensation lnsurance. Contractor will maintain Workers' Compensation lnsurance as required by the State of Minnesota and Employers Liability lnsurance with a limits not less than 5100,000 Bodily lnjury By Accident for each accident, not less than 5100,000 Bodily lnjury By Disease each employee and not less than 5500,000 Bodily lnjury By Disease poliry limit. 1.5 Other lnsurance Provisions L.5.L Prior to the start of this Contract, Contractor will furnish Anoka County with a completed copy of Anoka County 's certificate of insurance form, which is attached as part of th¡s Exhibit, or as a certificate of insurance and copies of the endorsements, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above. L.5.2 All certificates will provide for 30 days written notice to Anoka County prior to the cancellation or material change of any insurançe referred to in this Contract. 1.5.3 No Representation of Coverage Adequacy. By requiring insurance herein, Anoka County does not represent that coverage and limits will necessarily be adequate to protect the Contractor, and such coverage and limits shall not be deemed as a limitation on Contracto/s liability under the . indemnities granted to Anoka County in this Contract. 1.5.4 Failure of Anoka County to demand such certification or other evidence of full compliance with these insurance requirements or failure of Anoka County to identify deficiency from evidence that is provided will not be construed as a waiver of Contractor's obligation to maintain such insurance. 1.5.5 Failure to maintain the required insurance may result in termination of this Contract at Anoka County option. 1.5.6 Contractor will provide certified copies of all insurance policies required herein within 10 days if requested in writing by Anoka County. 7.5.7 Cross-Liability coverage. lf Contracto/s liability does not contain the standard ISO separation of insured provision, or a substantially similar clause, they shall be endorsed to provide cross-liability coverage. 1.5.8 Any policy written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy proceeds the effective dates of this contract; and that continuous coverage will be maintained or extended discovery period of 2 years beginning from the time that work under the contract is completed. 1.5.9 Acceptability of lnsurers. Anoka County reserves the right to reject any insurance carriers that are rated less than: A.M. Best rating of A: lV. Appendix D ANoKA CoUNTY INFoRMATION TECHNOLOGY USAGE AGREEMENT All employees and agents of vendors and contractors who will access Anoka County ¡nformation technology ¡n the course of their work for Anoka County (the County) are required to read and sign this document before accessing any computer system attached to the County network or attaching any computer equ¡pment to the CounÇ network. "lnformation technology" includes any computer, network, lnternet access, electronic mail or other electronic systems used by the County. Vendor personnel have no expectat¡on of privacy in any electronic commun¡cations, use of County property, or lnternet access, The County reserves the right to rev¡ew, audit, or monitor any information technology wed by vendor personnel. All work shall be performed by the contractor submitting the proposal. Subcontractors will not be allowed unless approved in advance by an agent of the County. L. Vendor personnel have no expectation of privacy in any electronic commun¡cat¡ons, use of County property, or lnternet access. The County reserves the right to review, audit, or monitor any information technology used by vendor personnel. 2. All vendor personnel shall use only accounts authorized by the County lT staff. 3. Vendor personnel may access only those resources for which they are specifically authorized. 4. Vendor personnel are personally responsible for safeguard¡ng their account and log-on information. Passwords shall adhere to the following. a. Passwords shall remain confidential. b. Passwords shall never be displayed, pr¡nted, or othen¡yise recorded in an unsecured manner. 5. Vendor personnel are not permitted to scr¡pt their user lDs and passwords for log-on access. q. Vendor personnel are not perm¡tted to allow another person to log-on to any computer utilizing their, ¡f provided, personal account, nor are they permitted to utilize someone else's account to log-on to a computer. Authorized system or service accounts may be used by multiple people. 7 . Vendor personnel may not leave their workstat¡on logged onto the network while away from their area. Vendor personnel may elect to lock the workstation rather than logging off when leaving for very short time periods. L Vendor personnel shall get written approval from the County prior to loading software onto any County computer. 9. Vendor personnel shall execute only applications that pertain to their specific contract work. 10. Vendor þersonnel shall promptly report log-on problems or any other computer errors to the County Helpdesk (763-323-sese). 11. Vendor personnel shall promptly notify the County if they have any reason to suspect a breach of security or potential breach of security. 12. Vendor personnel shall promptly report anything that they deem to be a security loophole or weakness in the computer network to the County. 13. Vendor personnel shall not install or use any type of encryption device or software on any County hardware, which has not been approved in writing by the County. 14. Vendor personnel shall not attach any device to the County network without written approvalfrom the County. 15. Vendor personnel may not remove any computer hardware from a County building for any reason, without prior written approval from the County. l-6. Vendor personnel shall not delete, disable, or bypass any authorized encryption device, or anti-virus or other software program, installed on County hardware. 17. Vendor personnel shall not attach any network or phone cables to any County device without written approval from the County. 18. Vendor's computer equipment (i.e. laptops) being connected to the County network must have County approved and updated anti-virus and other related security software installed and enabled. The Vendor will work with the County to proactively prevent viruses and security related problems. Vendor personnel shall promptly report any virus or security related problem to the County Helpdesk (763-323-5959). 19. The County shall not be responsible for any damages to vendor computer equipment that may occur while installing or using software or hardware to connect to the County network. 20. Vendor personnel may not copy any data and/or software from any County resource for personal use. 21-. County data and/or software shall not be removed from a County Building without prior written approvalfrom the County. 22. Vendor personnel may not utilize County computer systems or networks for any of the following reasons: 10 a. Game playing; b. lnternet surfing not required for their work activity; c. Non-related work activity; or d. Any illegal activity. 23. Vendor personnel utilizing the network or lnternet to move large files should obtain prior approval from the County lT staff by contacting the County Helpdesk (763-323-5959). 24. Vendor personnel are prohibited from intercepting or monitoring network traffic by any means, including the use of network sniffers, unless authorized in writing by the County. 25. Vendor personnel may not give out any County computer information to anyone. Exception: other vendor personnel needing the information to complete tasks and who have signed this agreement. lnformation includes but is not limited to: lP addresses, security configurations, etc. 26. All data storage media shall be erased or destroyed prior to disposal. 27. Vendor personnel may not remove or delete any computer software without the written approval of the County. 28. Vendor personnel shall not attempt to obtain or distribute system or user passwords. 29. Vendor personnel shall not attempt to obtain or distribute door pass codes/passkeys to secured rooms at any County facility for which they are not authorized. 30. All equipment issued to vendor personnelwill be returned in good condition to County upon termination of the County/Vendor Personnel relationship. 31. Vendor personnel may not use County information technology to intentionally send or receive threatening, obscene, abusive, sexually explicit language or pictures. 32. Vendor personnel are prohibited from causing County to break copyright laws. 33. Use by vendor personnel of any County information technology will acknowledge acceptance of the above- referenced policies. Any vendor employee who violates any of these policies shall be subject to disciplinary action, including total removal from the County project as well as being subject to (State) civil and criminal liability. 34. The Vendor will enforce this agreement through discipline of their employees should the employee intentionally violate any of the terms of the above-referenced policies. Vendor personnel's name, printed Vendor personnel's signature Date Vendor's name, printed Vendor's Project Manager Signature Date Vendor's E-mail: Phone #; TL Appendix E - Additional Terms Art¡cle 1 - Subscription 1.1 Subscription. During the term of this Agreement, Contractor grants to County and its Affiliates the nontransferable and nonexclusive right to access and use MODUS for the purpose of managing various aspects of various government elections. Unless otherwise provided in Appendix A -- Statement of Work, such access is granted without limitation to a specified number of Users (defined below). All access and use by County, its Affiliates and Users is limited in purpose to facilitate elections managed by County. County will not license, sell, lease, rent, outsource or otherwise make available the Service to any third parties not explicitly provided for under this Agreement. County is responsible for the acts and omissions of its Affiliates and Users as if they were the acts and omissions of County. L.2 Users. Only individuals specifically authorized by County ("Users") may be granted access to the Service. Only employees or contractors of County may be granted access to the service as a User. All Users must have a unique user lD, which consists of a valid email address. Users may not share login credentials. 1.3 Links. The Service may contain links to external websites. Contractor is not responsible for the contents of any linked website, or any changes or updates to such sites. County understands and agrees that Contractor is not directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with County's use of or reliance on any content, goods orservices available on orthrough any such linked website. 1.4 Contractor Content. While Contractor makes every effort to ensure the Service reflects ongoing conformance to relevant existing election laws, content contained in the Serv¡ce and any supporting materials is provided "as is", and Contractor makes no warranty as to the accuracy or completeness of such content and is making no legal opinion in regard to such content.. Due to the number of sources from which information for this Website was obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such information. 1.5 Modification of Service. Contractor reserves the right to change or modify the Service at any time so long as such change does not materially impact the Service as outlined in the Statement of Work. Contractor will only be required to notify County of a change or modification to the Service in advance if the change or modification (i) is not within election standards and/or customary in the industry and (ii) does not extend and/or enhance the functionalities or architecture of the Service. lf Contractor notifies County of a change as required in this Article and County does not wish to use the Service after notification of such change, County may within forty-five (45) days of notification either provide Contractor with written notice of termination of the Agreement or reject the change by written notice to Contractor. lf County rejects a change, Contractor may terminate this Agreement with six (6) months written notice. lf County provides no written notice to Contractor within such forty-five (45) day period, County shall be deemed to have accepted such change and the Agreement shall continue in fullforce and effect. Upon termination. Nothing in this Section shall require Contractor to continue to provide any portion of the Service if this would result in Contractor violating the rights of any third party or any applicable law. Article 2 - Proprietary Rights 2.t Reservation of Rights in Services. Contractor or its licensors owns all right, title and interest in any intellectual property and other rights in the Service, as well as any improvements, design contributions or derivative works conceived or created by Contractor in or to the Service. Subject to the limited rights expressly granted hereunder, Contractor reserves all rights, title and interest in and to the Service, and nothing in this Agreement should be construed to transfer from Contractor any proprietary right or interest in the Service. No rights are granted to Customer other than as expressly set forth herein. L2 2.2 lP Notices. County will not remove notices and notations located on the Service, or any accompanying documents related to the Service. 2.3 Countv Data. Subject to Article 13 below, and Section XVll of the Purchase of Service Agreement, County grants to Contractor the nonexclusive right to use any materials, data and information provided or input by County, its Affiliates, or Users to Contractor or the Service in the course of using the Service ("County Data"), as is necessary for Contractor to offer it services to County or comply with any law or regulation. Subject to this limited right, Contractor acquires no right, title or interest from in or to County Data, including any intellectual property rights therein. Article 3 - Support, Set up and Security 3.1 Securitv. Contractor will use commercially reasonable security technologies (such as encryption, password protect¡on and firewall protection) in providing the Service, and County will comply with all Contractor security guidelines and procedures made known to County through the Service or othen¡uise. County understands and agrees that Contractor is not responsible for the transfer of any data between County and the Service. Contractor does not warrant the secure transfer of data between the Parties, operation of the Service or that such security technologies will be able to prevent third party disruptions of the Service or interception of any data. Article 4 - County Responsibilities and Obligations 4.L Countv Data. County is responsible for entering its County Data into the Service and County is solely responsible for the maintenance of such County. 4.2 Passwords. County will cause all passwords used to access the Service to be changed at regular intervals. Should County learn of a third party having obtained knowledge of a password or other unauthorized access to the Service, County will inform Contractor without undue delay and promptly take adequate steps to prevent further access by unauthorized parties by taking steps such as changing relevant passwords. 4.3 lnternet Access. County understands that the Service requires access to the lnternet and that it is the sole responsibility of the County to acquire and maintain its access to the lnternet for the purpose of accessing the Service. Contractor will not be responsible for any failure to meet its obligations under this Agreement which result from or relate to County's inability to access the lnternet. 4.4 Restrictions. When using the Service County will not, and will ensure that its Affiliates and Users do not: (a) translate, decompile, reverse-engineer or otherwise modify any parts of the Service. "Documentation" means Contracto/s documentation and specifications which is delivered or made available to County as part of the Service under this Agreement. Statement of Work may refer to certain Documentation under Acceptance Criteria, except as described in the Documentation; (b) interfere with or disrupt the Modus software, the Contractor systems used to host the Service, other equipment or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service made known to County (c) provide, or make available, any links, hypertext (Universal Resource Locator (URL) address) or otherwise (other than a "bookmark" from a Web browser), to the Service, or any part thereof; (d) circumvent the user authentication or security of the Service or any host, network, or account related thereto; (e) use any application programming interface to access the Service other than those made available by Contractor; (f) mirror the Service on any server; or (g) except for licenses provided to Users as permitted in this Agreement, allow any third pafty to use any user identification(s), code(s), password(s), procedure(s) and user keys issued to, or selected by, County for access to the Service, or (h) access the Service in order to (a) aid a competitor in building a competitive service; or copy any features, functions or graphics of the Service. L3 Article 5 - Standard and Optionaf Services 5.L Optional Services. This Agreement does not include services other than those defined in the Statement of Work. Modification of the Service or its adaptation for County's needs is limited to those levels of Support provided in Appendix A Support. Subject to a separate written agreement, Contractor may offer optional services that relate to the Service. Article 6 - Prices and Terms of Payment 6.2 Taxes. Fees and other charges described in this Agreement, or Contractor's most recent list of prices and conditions, do not include federal, state or local sales, foreign withholding, use, property, excise, service, or similar taxes ("Tax(es)") now or hereafter levied, all of which shall be for Customer's account. With respect to state/local sales tax, direct pay permits or valid tax-exempt certificates must be provided to lnTech prior to the execution of this Agreement. lf lnTech is required to pay Taxes, Customer shall reimburse lnTech for such amounts. Customer hereby agrees to indemnify lnTech for any Taxes and related costs, interest and penalties paid or payable by lnTech. Article 7 - Term, Termination and Termination Support 7.3. Loss Format of Government Funding. The parties agree that County is dependent upon government funding(federal,stateorAnokaCountyFunding)forpaymentoftheFees. lftheCountyBoardofCommissioners does not appropriate funds to pay for the Service then County may terminate the Agreement effective at the beginning of the calendar year in which the funds are not appropriated by giving written notice of cancellation to Contractoratleastninety(90) daysbeforethebeginningofsuchcalendaryear. Customer'scancellationnotice shall include a certification that the County Board of commissioners has not appropriated funds for the services. This provision shall not be used by the County for the purpose of obtaining seruices similar to the Services described herein from another commercial vendor. 7.4 Return of Data. Upon the effective date of termination, County's access to the Service will be terminated. Following this Agreement's termination, Contractor will make available to County the County Data in a format to be solely determined by Contractot Article 8 - Warranties by Contractor 8.1 Contractor warrants that the Service (excluding any third party products, content or services accessed through the Service) will perform in accordance, in all mater¡al respects, with the functional specifications described in the Documentation. The warranty does not apply: (i) ¡f the Service is not used in accordance with this Agreement and any Documentation; or (¡i) if the defect is caused by third party services, content or products or any customizations to the Service, or (iii) to free (no fee) or trial licenses of the Service. 8.2 Defects. County will report any defects to Contractor in writing without undue delay through an Contractor approved support channel as documented in Appendix A Support, submitting a detailed description of the problem and any information useful for rectification of the defect. 8.3 Remedies. County's sole and exclusive remedies for any damages or loss in any way connected with the Service, whether due to Contractor's negligence or breach of any other duty, shall be, at Contractor's option: (i) to bring the performance of the Service into compliance in all material respects with the functional specifications stated in the Documentation; or (ii) return of an appropriate portion of any payment made by County with respect to the affected portion of the applicable Service. 'J_4 Article 9 - lndemnification 9.1 Contractor lndemnification. Contractor will defend and indemnify the County against any claims brought against it by any third-party alleging that County's use of the Service, in accordance with the terms and conditions of this Agreement, constitutes an infringement or misappropriat¡on of the intellectual property rights of a third- party. Contracto/s obligation does not apply if the alleged infringement or misappropriation results from use of the Service in conjunction with any other software or service, or unlicensed activities or use of the Service in violation of this Agreement or to free (no fee) or trial subscriptions to the Service. This obligation of Contractor also does not apply if County fails to timely notify Contractor in writ¡ng of any such claim. Contractor is permitted to control fully the defense and any settlement of any such claim as long as such settlement does not include a financial obligation on County. ln the event County declines Contractor's proffered defense, or otherwise fails to cede full control of the defense to Contractor's designated counsel, then County waives Contractor's obligations under this Article 9.1. County will fully cooperate in the defense of such claim and may appear, at its own expense, through counsel reasonably acceptable to Contractor. Contractor expressly resetves the right to cease such defense of any claim(s) in the event the Service is no longer alleged to infringe or misappropriate, or is held not to infringe or misappropriate, the third party's rights. Contractor may settle any claim on a basis requiring Contractor to substitute for the Service alternative substantially equivalent non-infringing services. County will not undertake any action in response to any infringement or misappropriation, or alleged infringement or misappropriation of the Service that is prejudicialto Contractor's rights. Article 10 - Limitation of Liability (this section left intentionally blank) Article 11 - Confidentiality L1,.1, Definition. "Confidential lnformation" means, all information which either party protects against unrestricted disclosure to others, including but not limited to: (a)the Modus Service, including without limitation the following information regarding Contractor's Service: (i) computer software (object and source codes), programming techniques and programming concepts, methods of processing, system designs embodied in Contractor's Service; (ii) benchmark results, program listings, data structures, logic diagrams, functional specifications, file formats; and (iii) system infrastructure, security/architecture design and/or operations processes (iv) discoveries, inventions, concepts, designs, flow charts, documentation, product specifications, application program interface specifications, techniques and processes relating to the Service; (b) the research and development or investigations of either party; (c) product offerings, content partners, product pricing, product availability, technical drawings, algorithms, processes, ideas, techniques, formulas, data, schematics, trade secrets, know-how, improvements, marketing plans, forecasts and strategies; and (d) any information about or concern¡ng any third party (which information was provided to either party subject to an applicable confidentiality obligation to such third party). '1,L.2 Usase. Confidential lnformation will not be used or reproduced in any form except as required to accomplish the intent of this Agieement. Any reproduction of any Confidential lnformation of the other shall remain the property of the disclosing party and shall contain any and all confidential or proprietary notices or legends which appear on the original. With respect to the Confidential lnformation of the other, each party will take all reasonable steps (defined below)to keep all Confidential lnformation strictly confidential, provided each party may disclose Confidential lnformation to its bona fide individuals whose access is necessary to enable it to exercise its rights hereunder. As used herein "reasonable steps" means those steps the receiving party takes to protect its own similar proprietary and confidential information, which shall not be less than a reasonable standard of care. Confidential lnformation of either party disclosed prior to execution of this Agreement is subject to the protections afforded hereunder. 15 11.3 lndependent Development. The above restrictions on the use or disclosure of the Confidential lnformation does not apply to any information that: (a) is independently developed by the receiving party . without reference to the Confidential lnformation, or is lawfully received free of restriction from a third party having the right to furnish such Confidential lnformation; (b) has become generally available to the public without breach of this Agreement by the receiving party; (c) at the time of disclosure, was known to the receiving party free of restriction; or (d) the disclosing party agrees in writing is free of such restrictions. 1,L.4 Disclosure of Terms. Neither party will disclose the terms and conditions of this Agreement or the pricing - contained herein to any third party, except as may be required by law. Neither party will use the name of the other party in publicity, advertising, or similar activity, without the prior written consent of the other, except that County agrees that Contractor may use County's name in customer listings or as part of Contractor's marketing efforts, including without limitation reference calls and stories, press testimonials, site visits, and Modus usage. Contractor will make reasonable efforts to avoid having the referenced activities unreasonably interfere with County's business. 11.5 Feedback. County may provide, or Contractor may solicit, input regarding the Service and at its discretion may use such feedback for product development, support, or promotional purposes. Article 12 - Data Protection 12.L Third-Part Personal Data. County warrants and represents that there are no prohibitions, either contractual or legal that prevent Contractor from fulfilling its obligations under this Agreement. This includes, but is not limited to, ensuring that all concerned individuals have previously declared consent to the use or processing of their personal information in relation to County's management elections. 12.2 Back-Up. Conträctor is responsible for performing and storing backups of County Data on a regular basis and in a manner consistent with its internal policies. ln the event County requires restoration of any back-up of its data as a result of any destruction, error, or other corruption of ¡ts data that is not the result of an error in operation of the Service, County understands and agrees that it may be charged on a time-and-material basis for such restoration. Article 13 - General Provisions 13.1 MonitorinR. Contractor may monitor County's use of the Service and compliance with the terms of this Agreement. Additionally, subject to Article 12 of this Agreement, Contractor may utilize information concdrning County's use of the Service to improve Contractor products and services and to provide County with reports on its use of the Service. I3.2 Severabilitv. lt is the intent of the parties that in case any one or more of the provisions contained in this Agreement shall be held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein. 13.3 Waiver. lf either party should waive any breach of any provision of this Agreement, it will not thereby be deemed to have waived any preceding or succeeding breach of the same or any other provision hereof. 13.5 Governins Law. This Agreement shall be governed by and construed under the laws of the State of Minnesota. 13.6 Notices. All notices or reports which are required or may be given pursuant to this Agreement shall be in writing and shall be deemed duly given when delivered to the respective executive offices of Contractor and County at the addresses first set forth in any Statement of Work, registration form or the preamble to these 16 l: General Terms and Conditions. Where in this Article 14.6 or elsewhere in this Agreement written form is required, that requirement can be met by facsimile transmission, exchange of letters or other written form. 13.7 Force Maieure. Any delay or nonperformance of any provision of this Agreement (other than for the payment of amounts due hereunder) caused by conditions beyond the reasonable control of the performing party shall not constitute a breach of this Agreement, and the time for performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. 1-3.8 Asreement Conflicts. The following order of precedence shall be applied in the event of conflict or inconsistency between provisions of the components of this Agreement: (i) the Purchase of Service Agreement); i¿ (ii)Exhibit A - Support; (iii) Exhibit C - lnsurance Requirements and Appendix D - Technology Usage Agreement. T7 Anoka County PROtrËRTY RECORDS & TAXATION DIVISION Ëlections & Voter Registration MEMORANDUM TO: M anagement Com mittee/Anoka-H ennepin School District Boa rd Mem be rs FROM: Cindy Reichert, Anoka County Elections Manager Steve Kerr, Anoka-Hennepin IDS #11 Community Education Director SUBJECT: Recommend approval of Joint Powers Agreement between Anoka County and Anoka- Hennepin lndependent School District #1'l.for Election Services provided by Anoka County to the School District Contract #: C0004047 Term: January 2015 through December 2016 Amount: Cost to the School Distr¡ct is $52,540 for each regularly scheduled election and 526,27O for each special election DATE: January 28,2015 Enclosed is the negotiated contract between Anoka County and Anoka-Hennepin lndependent School District #L1for election services. Anoka County has provided election services to the district since 2007 and the partnership has proven very successful. Cooperation between our two organizations relieves the school district of the responsibility to dedicate and train professional staffto perform duties that happen every two years, and the revenue received by the county supplements the Elections Department budget, allowing for retention of trained professional election staff from year to year. We continue to work together to identify areas where efficiencies can be gained and costs can be reduced. Respectful, ln novative, Fiscally Respons ible 325 Easi [/ain Streel À Ancka, MI{ 55303 ¡. wrw¡.anokacor.rnty.r-rs/efections elections@co anoka.mn us s 763-323-5275 ¿, FAX: 763-422-7526 ,rl,ffirrnative Act¡ot1 i Ëqual Oppc,rtunity Employer Anoka County Contract No. C0004047 JOINT POWERS AGREEMENT BETWEEN ANOKA COUNTY AND INDEPENDENT SCHOOT DISTRICT 11 FOR ELECTION SERVICES This is a Joint Powers Agreement between the County of Anoka ("County") and lndependent School District L1("District")entered into pursuantto Minn. State.471.59, forthe provision of election services by Anoka County on behalf of the School District. I. DURATION OF CONTRACT This contract will be in effect for the period beginning on January 1,2015 and ending on December 31, 2016 and will apply to any and all school district elections held during the duration of the contract, II. CONTRACT RENEWAL AND TERM¡NATION This contract may be renewed by written consent of the County and School District. This contract may be terminated with 30 days written notice by either party. III. COUNTY RESPONSIBILITIES Except as othen¡vise provided in this contract, the County will perform the statutory duties of School District Clerk, as related to the conduct of elections in ISD 11 by performing the following service: A. Provide for retention of election records as required by statute; B. Recruit, train, and supervise staff to carry out the duties specified in this contract; C. Provide election-related information on the County web site; D. Administer campaign financial reporting activities; E. Perform duties of candidate filing officer, including acceptance of affidavits of candidacy and petitions; F. Perform post-election activities including preparation of notice of election, acceptance of office and oath of office; administer the oaths of office at a meeting of the school district board; G. Arrange for lease of voting equipment from other governmental units to be used at school district elections as necessary; negotiate lease agreements on behalf of the school district and forward to the school district for execution; ensure invoices are directed to the school district; H. Plan, organize, and administer the activities of all voting equipment system components and associated devices used in Anoka County precincts; l. Plan, organize, and administer the act¡vities of all voting equipment system components and associated devices used in Hennepin County precincts; J. Procure and administer agreements for programming, layout and printing of ballots for School District precincts located in Hennepin County; ensure invoices are directed to the school district; K. Provide election forms, supplies, and other related materials for each polling place; L. Test ballot counters and ballot marking devices; conduct preliminary tests and public accuracy tests of voting systems utilized in the elections; M. Coordinate delivery of equipment and supplies to and from each polling place and in-person absentee voting location; N. Prepare and publish election notices; provide invoice to school district for publication costs; O. Mail to each household with a registered voter a notice as required by Minnesota Statutes 52048.16, subd. 1-a; (polling places); provide invoice to school district for printing and mailing costs; P. Prepare and distribute statutorily required election notices for posting; post notices in non- school buildings; provide notices to school district for posting in school district buildings. A. ldentify and arrange for the use of polling places for all school district elections; perform an annual inspection to verify suitability and substantial compliance with federal and state accessibility requirements; R. Set pay rate for election judges; S. Recruit, híre, train, assign, and pay Election Judges; T. Provide invoice to school district for reimbursement of Election Judges; U. Administer all provisions of MN Statute Chapter 2048 related to absentee voting for all school district elections held under this contract; V. . Provide voting stations for absentee voting; W. Compile and report election results and election statistics for dissemination to the appropriate canvassing boards and the public; X. Conduct recounts for the School District offices and ballot questions. IV. SCHOOLDISTRICTRESPONSIBILITIES The School District will perform the following election-related responsibilities for all School District elections held during the duration of this contract: A. Designate a person who will be the principal contact for the County; B. Retain permanent archive of election results; C. Prepare maps of school district election districts and precinct boundaries and provide to the county in electronic format and printed copies as requested; D. Provide final approvalfor polling place locations; E. Provide proof of general liability and worker's compensation ¡nsurance (Hold Harmless Agreement)to polling place administrators as requested. F. Reimburse county for election judge payments; G. Approve roster of election judges and provide for appointment by the School Board; H. Execute equipment lease agreements; L Provide the information to be printed on the ballot required in Minnesota Statutes 5126C.L7, subdivision 9(a); J. Provide the title and text of School District questions to be placed on the balloü K. Provide vehicles and personnelfor delivery of equipment and supplies to each polling place as necessary or required; L. Provide printing services through the School District Print Shop and Graphics Department at no charge to Anoka County for all School District elections. M. Provide printing services through the School District Print Shop and Graphics Department to Anoka County for all other elections held in and by Anoka County, with the understanding that School District needs take precedence over the needs of Anoka County Elections Department. N. Provide invoices to Anoka County for Print Shop and Graphics Department services provided pursuant to Section M above. O. Prepare and mailthe notice to each taxpayer in the School District required by Minnesota Statutes 5L26C.t7,su bdivision 9(b); P. Conduct official canvass of election results following each School District election. VI. INDEMN¡FICAT¡ON Each Party agrees that it will be responsible for its own acts, including its agents and the results thereof tothe extent authorized by law and shall not be responsible forthe acts ofthe other Party and the results thereof. VII. LEGAL REPRESENTATION The Anoka County Attorney's office will advise and represent the County in all election-related matters, except that the School District Attorney and/or designee will advise and represent the School District. VIII. ELECTION COSTS AND PAYMENTS The base cost of election services provided by the County to the School District under this agreement, for regularly scheduled schooldistrict generalelections (as defined in MN Statutes 200.02), including special elections held concurrently with regularly scheduled general elections shall be S52,540 plus an itemized billing for the cost of ballot printing, legal notice publication costs, cost of election judge salaries, and printing. The cost of election services provided by the County to the School District under this agreement for special elections not held concurrently with a regularly scheduled general election shall be $26,270 plus an itemized billing for the cost of ballot printing, legal notice publication costs, cost of election judge salaries, and printing The County shall submit an invoice to the School District for 5O% of the base cost of election services for each general or special election upon receipt of the Official Notification of Election as required by MN Statute 205A.O7 Subd. 3. lnvoices for the balance of the base cost and the actual cost of other items and, services covered by this contract shall be submitted to the School District no later than 60 days following each election. ln the event of early termination of this contract by the school district, Anoka County shall bill the school district and the schooldistrict shall be responsible for all costs incurred by the county underthis agreement, up to and including the date notice of cancellation is received by the county. IX. INDEPENDENT CONTRACTOR It is agreed that nothing in this contract is intended or should be construed as creating the relationship of agents, partners, joínt ventures, or associates between the parties hereto or as constituting the County as the employee of the School District for any purpose or in any manner whatsoever. The County is an independent contractor and neither it, its employees, agents, nor its representatives are employees of the School District. From any amounts due the County, there shall be no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any other purposes which are associated with an employer-employee relationship unless required by law. Payment of federal income tax; FICA payments, and state income taxes are the responsibility of the County. X. DATA PRACTICES All data created, collected, received, maintained, or disseminated for any purpose in the course of th¡s contract is governed by the Minnesota Government Data Practices Act, any other applicable statute, or any rules adopted to implement the Act or statute, as well as federal statutes and regulations on data privacy. XI. ENTIRE AGREEMENT This contract shall constitute the entire agreement between the parties and shall supersede all prior oral and written negotiations. lN WITNESS WHEREOF, the parties hereto have hereunto set their hands. COUNTY OF ANOKA INDEPENDENT SCHOOL DISTRICT 11 By: By: Rhonda Sivarajah, Chair County Board of Commissioners lndependent School District 11 Dated: Dated: APPROVED AS TO FORM APPROVED AS TO FORM By: By: County Attorney School District Counsel Dated: Dated: i Anoka County i PROPERTY RECORDS&TAXATION DIVISION .& I Eleciions & Voter Registration MEMo-RANDUM TO: Management Committee FROM: Cindy Reichert, Anoka County Elections Manager ITEM: Recommend approval of Joint Powers Agreements between Anoka County and lndependent School Districts listed below for Election Services provided by Anoka County to each School District. Jurisdiction: CentenniallSD#12 Contract #: C0004048 Jurisdiction: Fridley ISD #14 Contract #: C0004049 Jurisdiction: St. Francis ISD #l-5 Contract #: C0004050 Jurisdiction: Spring Lake Park ISD #1-6 Contract #: C0004051 Jurisdiction: Forest Lake ISD #831 Contract #: C0004052 DATE: January 28,2015 Enclosed are joint powers provided by Anoka agreements for election services to be County for -) several school districts in the county. Anoka County began providing election services by contract to school districts that operate odd year elections in 2OO7 . Since that time our staff has worked closely with our contract districts to identify areas where efficiencies can be gained and costs can be reduced. This shared model of service delivery relieves school districts of the responsibility to dedicate and train professional staffto perform duties that happen every two years, and the revenue received by the county supplements the Elections Department budget, allowing for retention of trained professional election staff from year to year. The term of these four identicalcontracts is from April 1,2015 through December 3L,20L5. Scheduled elections for these districts will all take place concurrently, on November 3, 2015. The base cost for our services is S1600 per precinct per election plus itemized billing of approved expenses (postage, printing, legal publication, precinct election worker salaries). A50% payment is due to Anoka County upon notice of election from the school district to the county auditor (74 days prior), with the balance due post-election. Respectfui, lnrrovative, Fiscally Responsible 325 East Main Slreet a Anoka. MN 55303 Â www.anokacounty.usielect¡ons [email protected] a 763-323-5275 .à- Fí\X:763-422-7526 Affir¡rative Actíon / Ëqual Opportunity Em¡:loyer Anoka County Contract No. JOINT POWERS AGREEMENT BETWEEN ANOKA COUNTY AND INDEPENDENT SCHOOL DISTRICT FOR ELECTION SERVICES This is a Joint Powers Agreement between the County of Anoka ("County") and lndependent School District ("School District") entered into pursuant to M¡nn. State. 471.59, for the provision of election services by Anoka County on behalf of the School District. I. DURATION OF CONTRACT This contract will be in effect for the period beginning on April 'J.,20L5 and ending on Decembe r 3L,2015 and will apply to any and all school district elections held during the duration of the contract. II. CONTRACT RENEWAL AND TERMINATION This contract may be renewed by written consent of the County and School District. This contract may be terminated with 30 days written notice by either party. III. COUNW RESPONSIBILITIES Except as othen¡rrise provided in this contract, the County will perform the statutory duties of School District Clerk, as related to the conduct of elections by performing the following service: A. Provide for retention of election records as required by statute; B. Recruit, train, and supervise staff to carry out the duties specified in this contract; C. Provide election-related information on the County web site; D. Administer campaign financial reporting activities; E. Perform duties of candidate filing officer, including acceptance of affidavits of candidacy and petitions; F. Perform post-election activities including preparation of notice of election, acceptance of office and oath of office; administer the oaths of office at a meeting of the school district board; G. Arrange for lease of voting equipment from other governmental units to be used at school district elections as necessary; negotiate lease agreements on behalf of the school district and fonruard to the school district for execution; ensure invoices are directed to the school districU H. Plan, organize, and administer the activities of all voting equipment system components and associated devices used in Anoka County precincts; l. Procure and administer agreements for programming, layout and printing of ballots for School District; ensure invoices are directed to the school district; J. Provide election forms, supplies, and other related materials for each polling place; K. Test ballot counters and ballot marking devices; conduct preliminary tests and public accuracy tests of voting systems utilized in the elections; L. Coordinate delivery of equipment and supplies to and from each polling place and in-person absentee voting location; M. Prepare and publish election notices; provide invoice to school district for publication costs; N. Mail to each household with a registered voter a notice as required by Minnesota Statutes 52048.16, subd. 1a; (polling places); provide invoice to school district for printing and mailing costs; O. Prepare and distribute statutorily required election notices for posting. P. ldentify and arrange for the use of polling places for all school district elections; verify suitability and substantial compliance with federal and state accessibility requirements; a. Set pay rate for election judges; R. Recruit, hire, train, assign, and pay Election Judges; S. Provide invoice to school district for reimbursement of Election Judges; T. Administer all provísions of MN Statute Chapter 2048 related to absentee voting for all school district elections held under this contract; U. Provide voting stations for absentee voting; V. Compile and report election results and election statistics for dissemination to the ippropriate canvassing boards and the public; W. Conduct recounts for the School District offices and ballot questions. IV. SCHOOLDISTRICTRESPONSIBILITIES The School District will perform the following election-related responsibilities for all School District elections held during the duration of this contract: A. Designate a person who will be the principal contact for the County; B. Retain permanent archive of election results; C. Prepare maps of school district election districts and precinct boundaries and provide to the county in electronic format and printed copies as requested; D. Provide final approval for polling place locations; E. Provide proof of general liability and worker's compensation insurance (Hold Harmless Agreement) to polling place administrators as requested F. Reimburse county for election judge payments; G. Approve roster of election judges and provide for appointment by the School Board; H. Execute equipment lease agreements; L Provide the information to be printed on the ballot required in Minnesota Statutes 5126C.17, subdivision e(a); J. Provide the title and text of School District questions to be placed on the ballot; K. Provide vehicles and personnel for delivery of equipment and supplies to each polling place as necessary or required; L. Prepare and mailthe notice to each taxpayer in the School District required by Minnesota Statutes 5126C.17, su bd ivision 9( b); M. Conduct official canvass of election results following each School District election. VI. INDEMNIFICATION Each Party agrees that it will be responsible for its own acts, including its agents and the results thereof to the extent authorized by law and shall not be responsible for the acts ofthe other Party and the results thereof. VII. LEGAL REPRESENTATION The Anoka County Attorney's office will advise and represent the County in all election-related matters, except that the School District Attorney and/or designee will advise and represent the School District. VIII. ELECTION COSTS AND PAYMENTS The base cost of election services provided by the County to the School District under this agreement, for regularly scheduled schooldistrict generalelections (as defined in MN Statutes 200,02), including specialelections held concurrently with regularly scheduled general elections shall be S1600 per precinct plus an itemized billing forthe cost of ballot printing, legal notice'publication costs, cost of election judge salaries, and printing. The County shall submit an invoice to the School District for 50% of the base cost of election services for each general or special election upon receipt of the Official Notification of Election as required by MN Statute 2054.07 Subd.3. lnvoices forthe balance of the base cost and the actualcost of other items and services covered by this contract shall be submitted to the School District no later than 60 days following each election. ln the event of early termination of this contract by the school district, Anoka County shall bill the school district and the school district shall be responsible for all costs incurred by the county under this agreement, up to and including the date notice of cancellation is received by the county. IX. INDEPENDENT CONTRACTOR It is agreed that nothing in this contract is ¡ntended or should be construed as creating the relationship of agents, partners, joint ventures, or associates between the parties hereto or as constituting the County as the employee purpose whatsoever. The County is an independent contractor and of the School District for any or in any manner ri neither it, its employees, agents, nor its representatives are employees of the School District. From any amounts due the County, there shall be no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any other purposes which are associated with an employer-employee relationship unless required by law. Payment of federalincome tax; FICA payments, and state income taxes are the responsibil¡ty of the County. X. DATA PRACTICES All data created, collected, received, maintained, or disseminated for any purpose in the course of this contract is governed by the Minnesota Government Data Practices Act, any other applicable statute, or any rules adopted to implement the Act or statute, as well as federal statutes and regulations on data privacy. XI. ENTIRE AGREEMENT This contract shall constitute the entire agreement between the parties and shall supersede all prior oral and written negotiations lN WITNESS WHEREOF, the parties hereto have hereunto set their hands. COUNTY OF ANOKA INDEPENDENT SCHOOL DISTRICT By: By: Rhonda Sivarajah, Chair Its: County Board of Commissioners lndependent School District _ Dated: Dated: APPROVED AS TO FORM APPROVED AS TO FORM By: By: County Attorney School District Counsel Datedr Dated: RESOLUTION #PRT-I RESOLUTION REALIGNING A SPLIT RESIDENTIAL PARCEL PURSUANT TO MINNESOTA STATUTES SECTION 1234.455 (Josh and Mary Maloy) WHEREAS, Minn. Stat. $ 123A.455 provides that an owner of a split residential parcel may file a petition with the county auditor where the parcel is located to transfer part of the parcel into the adjoining school district so that the entire tax parcel would be located within the same school district; and WHEREAS, pursuant to Minn. Stat. S 1234.455, within sixty (60) days of receipt of the petition, the county auditor is required to issue an order transferring the affected parcel to one school district as determined by the County Board; and WHEREAS, on the 10th day of December, 2014, the Anoka County Auditor received a petition from Josh Maloy & Mary Maloy, owner(s) of a split residential parcel which is identified as PIN 25-31-22-42-0070 and 25-31-22-43-0044 and is legally described on the attached Exhibit A (hereínafter "Property"); and WHEREAS, the Property currently lies within the boundaries of the following school districts: lndependent School District No. 12 (Centennial) and lndependent School District No. 624 (White Bear Lake); and WHEREAS, the students currently residing on the Property attend the following school district: lndependent School District No. 624 (White Bear Lake); and WHEREAS, the Owners of the Property desire to have the split parcel transferred to the following school district: lndependent School District No. 624 (White Bear Lake). NOW, THEREFORE, BE lT RESOLVED that the Anoka County Board of Commissioners hereby directs that the Anoka County Auditor issue an order transferring the split parcel to school district lndependent School District No. 624 (White Bear Lake). BE lT FURTHER RESOLVED, that pursuant to Minn. Stat. $ 123A.455, the Anoka County Auditor shall notify the affected school districts and the Commissioner of Education for the State of Minnesota of the change in school district boundaries. Exhibit A Lot 10 Block 8 Clean¡rater Creek 3'd Addition NOTICE OF PUBLIC HEARING ON ISSUANCE OF GENERAL OBLIGATION AIRPORT REFUNDING BONDS ANOKA COUNTY NOTICE IS HEREBY GIVEN that Anoka County, Minnesota (the "Cotmty") will meet at 10:00 a.m. on February 17,2015, in the County Board Room of the Anoka County Government Center, 2100 Third Avênue, Anoka, Minnesota, to conduct a public hearing on a proposal that the County undertake to issue bonds in an amount presently estimated not to exceed $2,880,000 (the "Bonds") to refund certain outstanding bonds of the County previously issued to finance the cost of a project under the Minnesota Statutes, Sections 360.036 and Chapter 475, consisting of construction of land improvements to the Northwest Quadrant of the Anoka County-Blaine Airport, known as Jane's Field. The address of the Airport is 8891 Airport Road, Blaine, Minnesota. The Airport is owned and operated by the Metropolitan Airports Commission, a public corporation, leased to the County, and subleased to Anoka Airport Development, LLC, a Minnesota limited liability company. At the public hearing, interested agencies, groups or persons attending the public hearing shall have the right to provide written or oral comments or suggestions. Prior to the public hearing, written comments may be directed to Anoka County Administrator, Anoka County Govemment Center,2100 Third Avenue, Anoka, Minnesota 55303. If you need an accommodation, such as an interpreter or printed material in an altemate format (i.e., braille or large print) because of a disability, please contact the Anoka County Administration Office at 7 63 -323-5 700. Publish: County Union: Friday, January 30,2015 ï"Ou Anoka County FINANCE & CENTRAL SERVICES DtvtstoN Respectful, lnnovative, Fiscally Responsible MEMORANDUM DATE: February 17,2015 TO: Anoka County Board of Commissioners FROM: Cory Kampf, F&CS Division Manager SUBJEGT: Airport Refunding Bonds On January 27 ,2015, the County Board adopted a Resolution calling for the sale of approximately $2.88 million General Obligation Airport lmprovement Refunding Bonds to refund the $2.785 million 2006C General Obligation Airport lmprovement Bonds as a current refunding. The bonds are being structured to realize savings of approximately $400,000, with the majority of the savings being realized in 2016 and2017 (about $300,000). The bonds require a public hearing under the provisions of Section 147 of the lnternal Revenue Code of 1986, as amended, which is planned prior to the adoption of this Resolution. Also, Springsted is being authorized to solicit proposals for the purchase of the bonds through a competitive process that will take place on February 26,2015. The sale is requested to be authorized by the County Board to be ratified through the Pricing Committee that has been established within this Resolution and has the following members. . Chair of the County Board and /or Chair of The Finance and Capital lmprovements Committee . County Administrator . Finance & Central Services Division Manager . CentralAccountingDirector The Bond Refunding Transaction will be discussed at the Metropolitan Airports Commission (MAC) Board Meeting on February 17,2015, in which the MAC plans to amend the Joint Powers Agreement between the County and MAC. ln addition, the Joint Powers Board is being notified of the action. s RESOLUTION NO. 2OI5-25 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION AIRPORT REFUNDING BONDS (AMT), SERIES 2015A; ESTABLISHING A PRICING COMMITTEE; FXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the Board of Commissioners of Anoka County, Minnesota (County) as follows: Section 1. Authorization: Sale of Bonds. 1.01. By Resolution No. 2015-18 of the County adopted on January 27, 2015, the County has determined that it is necessary and desirable for the sound financial management of the County that the County issue and sell its General Obligation Ai¡port Refunding Bonds (AMT), Series 2015A (Bonds) pursuant to Minnesota Statutes, Section 336.036 and415.67 for the purpose of refunding the outstanding General Obligation Airport Improvement Bonds (AMT), Series 2006C in the principal amount of $2,785,000 (Refunded Bonds), and has authorized Springsted Incorporated, financial consultant to the County, to solicit proposáls for purchase of the Bonds to be submitted on February 26,20t5. 1.02. The County has on this date conducted apublic hearing on the issuance of the Bonds, as required by the provisions of Section 147 of the Intemal Revenue Code of 1986, as amended (the Code). 1.03. In anticipation of receipt of purchase proposals, the County hereby establishes a pricing committee consisting of (i) Chair of the County Board (Chair) or Chair of the Finance and Capital Improvements Committee; (ii) Division Manager of Finance and Central Services; (iii) County Administrator; and (iv) Central Accounting Director (acting together, the Pricing Committee). The Pricing Committee is authorized to accept an offer for the purchase of the Bonds and negotiate the final terms of sale, provided that the present value of the debt service on the Bonds, after deducting any premium and adding other funds contributed to the refunding is at least 8% less than the present value of debt service on the Refunded Bonds, and the final maturity of the Bonds shall not be later than February 1,2033. Upon approval of the terms of the Bonds by the Pricing Committee, the Chair and County Administrator are authorized and directed to execute and deliver a purchase agreement with the approved purchaser (Purchaser). 1.04. The Division Manager of Finance and Central Services is directed to deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to retum the good faith checks of the unsuccessful proposers forthwith. RESOLUTION AWARDING SALE SERIES 20I 5A 1.05. The County will forthwith issue and sell the Bonds upon the terms determined and accepted by the Pricing Committee, which shall include the following terms specifically set fo¡h herein, and such other terms as shall be so approved by the Pricing Committee, as set forth in a Certificate of Pricing Committee. 1.06. All Bonds maturing on or after February l, 2025, are subject to redemption and prior payment in whole or in part in such order as the County may determine and by lot within a maturity at the option of the County on February l, 2024, and any date thereafter at par and accrued interest. In the event of redemption by lot of Bonds of like maturity, the Bond Registrar shall assign to each Bond of such maturity then outstanding a distinctive number for each $5,000 of the principal amount of such Bonds and shall select by lot in the manner it determines the order of numbers, at S5,000 for each number, for all outstanding Bonds of like maturity. The order of selection of Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected, but only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates: Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February I and August I of each year, cornmencing February l,20l6,to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Reeistration. The County will appoint and maintain a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the County and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered o\¡/ner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by RESOLUTION AWARDING SAIE SERIES 20I 5A more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the o\ilner's attomey in writing. (d) Cancellation. Bonds surrendered upon any transfer or exchange will be promptly canceled by the Registrar and thereafter disposed of as directed by the County. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for hansfer, the Registrar may refuse to tansfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of tra-nsfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (Ð Persons Deemed Owners. The County and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other pu{poses, and payments so made to a registered owner or upon the ovrner's order will be valid and effectual to satisff and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes" Fees and Charges. For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufücient to reimbwse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated. Lost. Stolen or DestroÍed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon fumishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the County and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be canceled by the Registrar and evidence of such cancellation must be given to the County. If the RESOLUTION AWARDING SALE SERIES 20I5A mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a ne\il Bond prior to payment. - (Ð Redemption. In the event any of the Bonds are called for redemption, notice thereof identifuing the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specifìed redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Reeistrar. The County appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Chair and the County Administrator are authorized to execute and deliver, on behalf of the County, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The County agrees to pay the reasonable and customary charges of the Registrar for the services performed. The County reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Regishar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Board, the Division Manager of Finance and Cenftal Services must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution. Authentication and Delivery. The Bonds will be prepared under the direction of the Division Manager of Finance and Central Services and executed on behalf of the County by the signatures of the Chair and the County Administrator, provided that all signatures may be manual or facsimiles. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such offrcer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and suffrcient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Division Manager of Finance and Central Services will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. RESOLUTION AWARDING SALE SERIES 20I5A 2.06. Temporary Bonds. The County may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Exhibit A with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and canceled. Section 3. Form of Bond. 3.01. The Bonds shall be prepared in substantially the form set forth in Exhibit A. 3.02 The Division Manager of Finance and Cenfal Services is authorized and directed to obtain a copy of the proposed approving legal opinion of Faegre Baker Daniels LLP, Minneapolis, Minnesota, and provide a copy thereof to the Purchaser. Section 4. Bonds: Security. 1 4.01. Funds and Accounts. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to provide adequate and specific security for the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be designated the Airport Refunding Bonds (AMT), Series 20154 Debt Service Fund to be administered and maintained by the Division Manager of Finance and Central Services as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the C_ounty. The Fund will be maintained in the manner herein specified until all of the Refunded Bonds have been paid and until all of the Bonds and the interest thereon have been fully paid. To the Debt Service Fund there is hereby pledged and irrevocably appropriated and there will be credited: (i) any balance on May 2,2015, in the Debt Service Fund created by I the resolution authorizing the issuance and sale of the Refunded Bonds (Prior Resolution); (ii) any collections of all taxes hereafter levied for the payment of the Bonds and interest 'l ìj thereon; (iii) all investment earnings on funds in the Debt Service Fund; (iv) all taxes i È collected after May 1, 2015 (Redemption Date), pursuant to levies made and pledged to repayment of the Refunded Bonds in the Prior Resolution which levies will not be canceled except as permitted by Section 47 5.61, Subdivision 3 of the Act; (v) accrued interest (if any) received upon delivery of the Bonds; and (vi) any and all other moneys which are properly available and are appropriated by the Board of Commissioners to the Debt Service Fund. The amount of any surplus remaining in the Debt Service Fund w.hen the Bonds and interest thereon are paid will be used as provided in Section 475.61, Subdivision 4 of the Act. 4.02. The moneys in the Debt Service Fund will be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion of the proceeds of the Bonds will be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (ii) in addition to RESOLUTION AWARDING SALE SERIES 2OI5A the above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds any sums from time to time held in the Fund (or any other County account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be inr¡ested without regard as to yield will not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable temporary periods or minor portion made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund will not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be federally guaranteed within the meaning of Section 149(b) of the Code. 4.03. General Obligation Pledee. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the County will be and are hereby irrevocably pledged. If the balance in the Debt Service Fund is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency will be promptly paid out of moneys in the general fund of the County which are available for such purpose, and such general fund may be reimbursed with or without interest from the Debt Service Fund when a sufficient balance is available therein. 4.04. Pledge of Tax Lew. To provide moneys for payment of the principal and interest on the Bonds, there is hereby levied upon all of the taxable property in the County a direct annual ad valorem tax to be spread upon the tax rolls and collected with and as part of other general property taxes in the County, in the years and in the amounts as determined by the Pricing Committee, such that if collected in full they, together with estimated collections of investment earnings (and until the Redemption Date, all amounts in the Escrow Account) and other revenues herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies will be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the County reserves the right to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3, as amended. 4.05. The Division Manager of Finance and Central Services is authorized and directed to file a certified copy of this resolution in the appropriate records and to deliver the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Tlanscript. 5.01. The officers of the County are authorized and directed to prepare and fumish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the County relating to the Bonds and to the financial condition and affairs of the County, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under RESOLUTION AWARDINC SALE . SERIES 2OI5A their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will be deemed representations of the County as to the facts stated therein. 5.02. The Chair and County Administrator are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sále of the Bonds and that to the best of their knowledge and belief the Ofücial Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Ofücial Statement. 5.03. The Chair and County Administrator are authorized to execute the Continuing Disclosure Undertaking substantially in the form attached to the Offrcial Statement. Section 6. Tax Covenant. 6.01. The County covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Code and the Treasury Regulations promulgated thereunder, in eflect at the time of such actions, and that it will take or cause its offrcers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. The County will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investrnents, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. I Section 7. Book-Entr.v S)¡stem: Limited Obligation of Countv. ,) .t :.1 7 .01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each such Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede &, Co., as nominee of DTC. 7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the County, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the Participants) or to any other person on behalf of which a Participant holds an RESOLUTION AWARDING SALE SERIES 20 I 5A interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accwacy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar, of any notice with respect to the Bonds, including any notice oftedemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, or any amount with respect to principal of, premium, if any, or interest on the Bonds. The County, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the County's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered o\ilner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the Division Manager of Finance and Central Services of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the Division Manager of Finance and Central Services will promptly deliver a copy of the same to the Bond Registrar and Paying Agent, if the Bond Registrar or Paying Agent is other than the Division Manager of Finance and Central Services. 7.03. Representation Letter. The County has previously submitted to DTC a representation letter (Representation Letter). Any Paying Agent or Bond Registrar subsequently appointed by the County with respect to the Bonds will agree to take all action necessary for all representations of the County in the Representation Letter with respect to the Bond Registrar and Paying Agent, respectively, to at all times to complied with. 7.04. Transfers Outside Book-Entry System. In the event the County, by resolution of the Board of Commissioners, determines that it is in the best interests of the persons having beneficial interest in the Bonds that they be able to obtain Bond certificates, the County will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the County will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the County and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the County will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. RESOLUTION AWARDING SALE SERIES 20I5A 7.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of premium, if any, and interest on such Bond and all notices with respect to such Bond will be made and given, respectively in the manner provided in the Representation Letter. Section 8. Refunding; Findings: Redemption of Refunded Bonds. 8.01. As of the date of delivery of and payment for the Bonds the proceeds of the Bonds in the amount necessary to pay the redemption price of the Refunded Bonds on the Redemption Date are hereby pledged and appropriated for such purpose. 8.02. The Refunded Bonds will be redeemed and prepaid on the Redemption Date, in accordance with their terms and in accordance with the terms and conditions set forth in the form of Notice of Call for Redemption attached as Exhibit B hereto. 'When 8.03. Defeasance. all Bonds and all interest thereon, have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the County for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The County may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufÍicient for the payment thereof in full with interest accrued to the date of such deposit. The County may also at arry time discharge and defease the Bonds in their entirety by complying with the provisions of Minnesota Statutes, Section 475.67, except that the funds deposited in escrow in accordance with said provisions may (to the extent permitted by law) but need not be, in whole or in part, proceeds of bonds as therein provided withóut the consent of any Bondholders. us.55718458.02 * : : ì RESOLUTION AWARDING SALE SERIES 20I5A EXHIBIT A FORM OF BOND UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA GENERAL OBLIGATION AIRPORT REFUNDING BOND (AMT), SERIES 2015A Date of Rate Maturit-v Original Issue CUSIP ,2015 No. Registered Owner: Cede & Co. Anoka County, Minnesota, a duly organized and existing political subdivision of the State of Minnesota (County), acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above or registered assigns, the principal sum specified above, with interest thereon from the date hereof at the annual rate specified above, payable February I and August I in each year, commencing February 1,2016, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the County have been and are hereby irrevocably pledged. This Bond is one of an issue in the aggregate principal amount of $ all of like original issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant.toaresolutionadoptedbytheBoardofCommissionerson-,2015(the Resolution), for the purpose of providing money to refund certain previously issued bonds for the purpose of financing the cost of improvements to an airport located in the County, Minnesota Statutes, Section 360.036 and Chapter 475, and the principal hereof and interest hereon are payable primarily from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the County are irrevocably pledged for payment of this Bond and the Board of Commissioners has obligated itself to levy additional ad valorem taxes on all taxable property in the County in the event of any deficiency, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. l0 RESOLUTION AWARDING SALE SERIES 20I5A As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the County at the principal office of the Bond Registrar, by the registered owner hereof in person or by the orilner's attomey duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or tlre owner's attomey; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the County will cause a new Bond or Bonds to be issued in the name of the transferee or registered ovrner, of the same aggregate principal amount, bearing interest at the same rate and matwing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The County and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other pu{poses, and neither the County nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED thAt aII acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the County in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the County to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, Anoka County, Minnesota, by its Board of Commissioners, has caused this Bond to be executed on its behalf by the facsimile signatures of the Chair and County Administrator and has caused this Bond to be dated as of the date set forth below. ANOKA COUNTY, MINNESOTA By ItS ChaiI By Its County Administrator CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. ll RESOLUTION AWARDING SALE SERIES 20I5A Dated: U.S. BANK NATIONAL ASSOCIATION By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby inevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignoris signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: T2 RESOLUTION AWARDING SALE SERIES 20I5A Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee j |j -'l l3 RESOLUTION AWARDING SALE SERIES 20I5A EXHIBIT B NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION AIRPORT IMPROVEMENT BONDS (AMT) SERIES 2OO6C ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the Board of Commissioners of Anoka County, Minnesota, there have been called for redemption and prepayment on May 1,2015 all outstanding bonds of the County designated as General Obligation Airport Improvement Bonds (AMT), Series 2006C, dated February 15, 2006, having stated maturity dates of February 1 in the years 2016,2026 and 2033, totaling $2,785,000 in principal amount, and with the following CUSIP numbers: Year of Maturitv CUSIP 2016 036213 YGs 2026 036213 Y]J3 2033 036213 YJ9 The bonds are being called at a price of par plus accrued interest to May 1, 2015, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the office of U.S. Bank National Association in the City of St. Paul, Minnesota, on or before May l, 2015. The Registrar will not be responsible for the selection or use of the CUSP number, nor is any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the Holders. l4 RESOLUTION AWARDING SALE SERIES 20I5A Anoka County Committee Appointments Application l¿ Name: '? Date: Ø , ' , î,' 'fJots Address: Phone: E-mair: rot trt¿s/ f n,o .rnn,t¿t Uf' @ t/ Bu.siness Name/Address:. - Phone: ¿ Farc - E-mail: - Position applying for: Your county commissioner: Personal background: Experience relating to position: Why are you interested in this ¡iosition?