Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
September 02, 2025 - Council Packet
Shakopee City Council Regular Meeting Tuesday, September 2, 2025 7:00 PM City Hall, 485 Gorman Street Vision: Shakopee is a distinctive river town with a variety of business, cultural, and recreational opportunities in a safe, welcoming, and attractive environment. Our vision is for Shakopee to continue being the place people want to live, work, and play! Mission: Our mission is to deliver high quality services essential to maintaining a safe and sustainable community. We commit to doing this cost-effectively, with integrity and transparency. 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Approval of Agenda 5. Consent Agenda These items are considered routine and will be enacted by one motion. There will be no separate discussion of these unless a council member or staff requests, in which event the item will be removed from the consent agenda for separate discussion & action. 5.a 2025 Budget Amendments 5.b Amend Purchasing Policy 5.c Approval of the 2025-2026 Shakopee Youth Hockey Concession Agreement 5.d Approval of a Location agreement with Mendota Valley Amusement for the Ice Arena to operate ATM, bulk vending and redemption games. 5.e Appointment of Interim Fire Chief Joe Simon as Fire Chief 5.f Purchase two 2026 Utility Police Interceptor's for the Police Department and declare existing vehicles as surplus. 1 5.g Declare Forfeited Vehicles as Surplus Property 5.h Approve the master fiber agreement between the City of Shakopee and Scott County 5.i Approve plans and authorize bidding for the Arbor Bluff Stream Stabilization Project 5.j Approve a Contract with BKJ Land Co. II, dba BKJ Excavating, for the Weinandt Acres Drainage Improvement Project 5.k Approval of the August 19, 2025 City Council Minutes 5.1 Ice Arena School District locker room upgrades. 5.m Ordinance O2025-020 Amending City Code Section 32.20 Related to the Planning Commission and Repealing Section 32.23 of City Code related to the Parks and Recreation Advisory Board. 6. Public Comment Individuals may address the City Council about any item not on the regular agenda. Speakers are requested to come to the center table, state their name and address for the clerk's record, and limit their remarks to three minutes. The City Council will not take official action on items discussed at this time, but may refer the matter to staff for a follow up report or direct that matter be scheduled on an upcoming agenda. 7. Business removed from consent agenda 8. Public Hearings 8.a Public Hearing for the 2025 Full Depth Pavement Reconstruction Project 8.b Hearing for Texas Roadhouse Holdings LLC Regarding Liquor Violations 9. Recess for Economic Development Authority Meeting 10. Reconvene 11. Reports Liaison and Administration 11.a City Bill List 11.b News and Announcements 12. Other Business 13. Adjourn to September 16, 2025 at 7:00 pm 2 3 Shakopee City Council OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: 2025 Budget Amendments Nate Reinhardt, Finance Director 5.a Action to be considered: Motion to approve 2025 budget amendments in accordance with the attached document titled "2025 Proposed Budget Amendments". Motion Type: Approve Background: Staff is requesting budget amendments to reflect changes since the 2025 budget was adopted. The amendments acknowledge the significant deviations on a formal level and creates transparency. Staff continues to inform the City Council of budget variances through it's monthly financial reporting and individual City Council actions with budget implications such as acceptance of grants, contractual agreements and capital project approvals. However, this action provides budget amendments in an easy to follow single action item, allowing for greater transparency. Proposed budget amendments include: 1) Purchase of Modular Barriers On March 4, 2025 City Council approved the purchase of modular barriers. The City Council approved setting aside $375,000 of fund balance to facilitate the purchase. 2) Purchase of one-time General fund items (new budget amendment) This is a new requested budget amendment to purchase one-time items from existing General fund balance. This includes a purchase of an electric vehicle for building inspections, additional security cameras for the public works building and irrigation controller upgrades for parks. If approved these amounts ($97,500 in total) will be removed from the preliminary 2026 budget. The General fund currently has sufficient fund balance above policy targets to purchase these items in the current year. 3) Purchase of fire extinguisher trainer and training props (new budget amendment) 4 East Coast Rescue Solutions Doors ($12k) - A specialized training door designed for forcible entry drills, simulating real -world scenarios for fire and rescue personnel. Built for repeated use in high -intensity training environments. VES Window Prop ($4k) - A training prop used to simulate Vent -Enter -Search (VES) operations. Allows firefighters to practice entering through windows and conducting rapid primary searches in controlled conditions. Extinguisher Trainer ($16,500) - A fire extinguisher training system that used digital or gas - based simulation to safely teach proper extinguisher use. Ideal for hands-on training without the risks of a live fire. The General fund currently has sufficient fund balance above policy targets to purchase these items in the current year. Recommendation: Approval of the 2025 budget amendments. Budget Impact: See the attached budget amendment that will be used for data entry into the financial software. Attachments: 2025 Proposed Budget Amendments.pdf 5 co U 0 U 2025 Proposed Budget Amendments O 0 0 - CU 4-, 0 1. Purchase of Modular Barriers C a1 E E O U 3/4/2025,4/1/2025 Purchase of Modular Barriers 0 O O ✓ ) N M C CU n E O -0 CL C O N a E Department C O Q •L U a) a) ci C 0 U a a) 0 d 0311.6740 Equipment O 0 0 ui n M C a) E E O U V, Ln Lt N N N O O O \ \ \ - - O1 Ol Ol bA c bA c - C t O T Q O LL O V) O v a! O_ E - U OA >- C +_ c '3-.)) CO V) a) a) CU bA O_ a1 O C 0 U C 0 bi bA •s - O O O O O O V1 O O • N NLri ., I N a --I a) O m al C ai v will be removed from 2026 bud 2. Purchase of one-time General Fund items -0 a) v • E O -0 fl- C O N a E O O O o 0 0 � lD V) N V1 N rl CU C .OO 0 mcy Department O O O C . 0 U a1 Q Ln c O bA LEL U 7 C CU m d d C a--, a-, ++ O C C C v a1 a1 0- E E E Q Q Q 7 7 W W W O O • r a N n C lD lD O M i U M N U • 0 0 0621.6740 0 O n O L uisher trainer and trainin 3. Purchase of fire extin a) .> CU C a) E E O U U1 bL CO N O N N Ql East Coast Rescue Solutions Door, Vent -Enter -Search O O V1 M C C CU v E O -0 CL C O N a E O O tr N M CU C .OO 0 o Department C O . L U a) a) ci C 0 U a O O O Vi i1 LE C C a▪ 1 E Q 0 W 0321.6202 Window Prop, Extinguisher Trainer 0 O M Shakopee City Council OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: Amend Purchasing Policy Nate Reinhardt, Finance Director Action to be considered: Approve the amended purchasing policy Motion Type: Simple Majority Background: The city's purchasing policy was last revised September 1, 2020. Staff have reviewed all aspects of the purchasing policy and updated to reflect the following changes: 5.b 1) Increased purchasing authority of department directors and delegated authorized purchasers from $5,000 to $10,000. 2) Updated the listing of cooperative purchasing contracts. 3) Added language clarifying when quotes and single source purchases are appropriate. 4) Clarified when change orders (change orders that exceed the allotted contingency by $5,000) require city council approval. 5) Added language on withholding certificates (MN Department of Revenue Form IC134) a requirement of the state for city construction contracts. Recommendation: Approval Budget Impact: N/A Attachments: Purchasing Policy - Proposed Amendments (2025) - clean.pdf Purchasing Policy - Proposed Amendments (2025) - redline.pdf Purchasing Flow Chart FINAL.pdf 7 CITY OF SHAKOPEE PURCHASING POLICY 34.06.02.P Adopted: May 2, 2017 Amended: September 1, 2020, September 2, 2025 POLICY CONTENTS A. Scope 2 B. Purpose 2 C. Policy 2 D. Legality 2 E. Conflicts of Interest 2 F. Acceptance of Gifts 3 G. Background 3 H. Authorization 3 I. Purchasing Alternatives 4 1. Sealed Bids 4 2. State, County and Other Cooperative Purchasing Contracts 5 3. Quotes 6 4. Sole Source Purchases 6 5. Emergency 7 6. Professional Services 7 7. Leases/Purchases 8 8. On -Line Purchases 8 9. Federal Purchases 8 10. Change Orders 9 11. Wholesale Club Memberships 9 12. Prohibited Purchases 9 13. Other 9 J. Payments 9 K. Witholding certificates 10 8 A. SCOPE This policy applies to all employees of the City of Shakopee, as well as representatives, contractors, consultants, or others who may be authorized to make purchases on behalf of the City of Shakopee. B. PURPOSE These purchasing procedures are intended to provide a consistent manner of purchasing goods and services citywide. Employees should secure the best balance between quantity, quality, and price when purchasing for the city. C. POLICY Goods and services required by the city are to be obtained using established procedures that comply with all legal requirements for public purpose expenditures while promoting fair and open competition. This policy is intended to ensure public confidence in the procurement process, fair and equitable treatment of vendors who transact business with the city and provide safeguards for the maintenance of a procurement system of quality and integrity. Violations of this policy may result in discipline up to and including termination. D. LEGALITY In order for an expenditure of public funds to represent a lawful expenditure, it should meet both of the following standards: • Public purpose. A public purpose for the expenditures must exist. • Authority. Specific or implied authority for the expenditure must arise out of a statute. E. CONFLICTS OF INTEREST Minnesota Statutes §471.87, §471.88 and federal uniform grant guidance prohibit the purchase of goods and services wherever a conflict of interest may exist. Authorized purchasers must be exceedingly careful to avoid a conflict of interest or even the appearance of a conflict of interest. An authorized purchaser acting in the employee's official capacity, may not transact official city business with a family member, or with a business or person with whom that employee has a financial interest or involvement. Furthermore, authorized purchasers shall not enter into a relationship with a vendor where the employee's actions are, or may reasonably be viewed as, not in the best interests of the city. An employee who becomes involved in a possible conflict situation must report the possible conflict to the employee's supervisor and department head. Page 2 of 10 9 F. ACCEPTANCE OF GIFTS Pursuant to Minnesota Statute §471.895, no local official shall request, solicit, or accept a gift from any person or representative of a person or association that has a direct financial interest in a decision that the employee is authorized to make. Local official includes elected and appointed positions within the city. G. BACKGROUND The City of Shakopee has a "decentralized" purchasing program. Purchasing is the responsibility of each department director in order to support flexibility and discretion of purchasing and project management with the aid of expertise at the department level. H. AUTHORIZATION The City Council approves an annual budget that allocates funds for projects and operations throughout the city. The city administrator and department directors are responsible for ensuring that projects and operations remain within the budget. The city administrator is the chief purchasing agent of the city and has the authority to approve purchases up to $25,000 per city code. The city administrator may delegate purchasing authority via administrative directive stipulating purchasers and level of authority up to $25,000. For items and services in excess of $25,000, the city administrator may authorize the receipt of bids and shall receive estimates, quotations, proposals, or sealed bids, as appropriate, and present them to the Council for official action. Authorized purchasers are responsible to follow purchasing regulations, procedures and best practices such as, but not limited to: obtaining bids or quotes, maintaining records of bids, quotes or other legally required information in accordance with records retention requirements (i.e. bid bonds, payment bond, IC -134), placing actual orders, receiving and verifying deliveries, and approving invoices for payment. Authorized purchasers are only allowed to authorize funds from within their home department's budget. In an instance of the need for funds outside one's department budget, the purchaser should collaborate with an approved purchaser from the necessary department/fund. Employees will not make any purchases for personal use through the city. Certain purchases require installation, support, maintenance, etc. Most notably information technology (I.T.) purchases should be coordinated with the city's I.T. director to ensure purchases are for compatible with and supported by the city's I.T. infrastructure systems. Page 3 of 10 10 Department directors can delegate purchasing authority up to $10,000 to designated staff members. Purchase ev PL -1 PL -2 PL -3 PL -4 Departmental Discretion Less than $10,000 $10,000 to $24,999 $25,000 to $174,999 $175,000 and Greater Gem Two or more Written Quotes, Bids, or RFP's Sealed Bids I. PURCHASING ALTERNATIVES Authorized Purchaser Department Director City Administrator or delegated representative Council Memo City Council 1. Sealed Bids A formal sealed bid procedure is required for all purchases that are estimated to exceed $175,000, except for purchases through a cooperative purchasing contract (see below). Minnesota Statute §412.311 requires a published notice of the bid in the official city newspaper at least ten (10) days in advance of bid opening. The published notice must state where the plans and specifications can be obtained by bidders and specifically, when and where the bid opening will be held. The notice may also be published on the city's official web site; however, this publication is in addition to the official newspaper publication. Special assessment projects, commonly referred to as 429 projects, require specific advertising requirements. Please see Minnesota Statute §429.041 or the League of Minnesota Cities Special Assessment Toolkit memo for specific requirements www.lmc.org/media/document/1/sagtext.pdf?inline=true. All bid openings are to be administered by the originating department. The preparation of all specifications and required authorization is to be the responsibility of the originating department. The city council must formally award the contract, and the originating department then files the contract with the administration department. Page 4 of 10 11 Capital improvement/purchase bids should be retained permanently per the city's record retention policy. Sealed bids are not required for the purchasing and sale of real estate or service contracts. 2. State, County and Other Cooperative Purchasing Contracts Cooperative purchasing contracts provide the opportunity for the city to purchase goods and services at reduced costs. Employees do not need to obtain bids if a purchase is made through a national municipal association purchasing alliance or a cooperative created by a joint powers agreement (of which the city is a member) that purchases items from more than one source on the basis of competitive bids or quotations that complies with State Statute. a) State Cooperative Purchasing Contracts. The City of Shakopee participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the city to buy goods and services under the terms of contracts already negotiated by the State of Minnesota. The finance department has access to the releases and listings of products/services that can be purchased on state contract. If it is determined that a product/service is on a state contract, vendors should be told that the purchase will be made using that contract. When completing the purchasing paperwork, including council actions, note that the purchase is per state contract and indicate the contract number. Vendors will often contend that the city can purchase from them without bidding because they are on the "state contract" or they will sell at the state contract price. Beware of these approaches. Verify both the vendor and the specific product/service is listed on the state contract. It is likely that not all of a vendor's products/services have been selected to be on the state contract. If a vendor is not on the state contract but will match the state contract price, this action does not preclude the city from avoiding the competitive bidding laws. See the finance department for further information. b) U.S. Communities Government Purchasing Alliance. www.uscommunities.org/ c) National Joint Powers Alliance (NJPA) Purchasing Program. www.njpacoop.org/home.asp Page 5 of 10 12 d) Houston -Galveston Area Council Buy (HGACBuy) www.h-gac.com/coop/hgacbuy.aspx e) United States General Services Administration (GSA) http://www.gsa.gov/buy-through-us f) OMNIA Partners www.omniapartners.com g) Sourcewell www.sourcewell-mn.gov/ h) University of Minnesota Cooperative Purchasing Agreement 3. Quotes If a purchase is estimated to exceed $25,000 but not to exceed $175,000, -the purchase may be made either by sealed bids or by direct negotiation based upon quotations. If a purchase is made in this range, authorized purchasers are required to obtain at least two written quotes. These quotes should be in writing. If the quotes are not written, the requestor who received the verbal quote must document the quote in writing. All quotes will be kept with the originating department or added to the city's accounts payable software and kept on file until the following year's financial audit is complete. In practice, retaining quotes for two years will ensure quotes are available for auditing purposes. 4. Sole Source Purchases Sole source purchases maybe made if they comply with at least one of the following: a) Item or service under patent or copyright held by a single vendor and item or service possesses or has capabilities critical to use. b) Item or service possesses a unique function or capability critical in the use of the item or service not available from any other sources. c) The purchase is for equipment associated with the use of existing equipment where compatibility is essential for integrity of results. d) The purchase is for replacement parts needed for repair or accessories of existing equipment where compatibility with equipment from the original manufacturer is paramount. e) The purchase is for technical services associated with the assembly, installation, or servicing of equipment or highly technical or specialized in nature. Page 6 of 10 13 f) Additional item, service, or work required, but not known to have been needed when the original order was placed with vendor and it is not feasible or practicable to contract separately for the additional need. g) The purchase must match the existing piece of brand or equipment is only available from one vendor. When completing council actions and general ledger coding/approval, note that the purchase is sole source along with the reason. 5. Emergency Emergency situations may arise where the normal purchasing process cannot be followed for the procurement of goods and services. An emergency must be a situation arising suddenly and unexpectedly which requires speedy action essential to health, safety, and welfare of the community, and not just an inconvenience. In the event of a disaster and when it is impossible or impractical to first seek City Council approval, the mayor or the mayor's designee is authorized to exercise discretion and to use city equipment, supplies, and personnel and to expend city funds as necessary to preserve and maintain the operation of the city government and the safety and security of the public. See City Code and/or MN Statutes for specific guidance. 6. Professional Services Contracts for professional services in excess of $25,000 annually shall be submitted to the city council for approval. Multi -year professional service contracts with annual caps of less than $25,000 but with an aggregate total exceeding $25,000 may be approved the city administrator or authorized purchaser. The term "Professional Services" applies to all advisory services such as, but not limited to: auditing, engineering, financial, legal, personnel, technical, training, or other services. Contracts for professional services shall be made only with responsible consultants who have the capability to successfully fulfill the contractual requirements. Consideration shall be given to their past performance and experience, their financial capacity to complete the project, the availability of personnel, and other appropriate criteria. The nature of the professional service is typically written as a request for proposals (RFP). Contracts RFPs will generally be used to solicit proposals for professional services. In cases where the City Council has established a preapproved pool of qualified consultants (e.g. architectural, engineering, scientific, etc.), the consultant may be selected from the existing pool, without obtaining multiple quotes on proposals. Page 7 of 10 14 Service agreements with a contract length greater than twelve months, must allow for a no greater than a 60 -day cancellation clause. Professional rer ices' ,,,,, P!urchas+ Level Value of Contract"- QuotationRequ1 Needed Intern al Docum+ ReinurRequired Authorizations PL -1 Less than $10,000 Departmental Discretion Authorized Purchaser Department Director PL -2 $10,000 to $24,999 Two or more Quotes/RFP's if practical City Administrator or delegated representative PL -3 $25,000 and Greater Two or more Quotes/RFP's recommended Council Memo City Council 7. Leases/Purchases All lease agreements need approval through the finance department and city attorney prior to initiating any lease. 8. On -Line Purchases City employees may only purchase from vendors that use secure servers for e - commerce. If an employee makes a purchase using the city credit card that is not properly authorized by the city council, the employee will be held personally liable for the amount of the purchase. For additional information on the proper use of city credit cards, see the finance department. 9. Federal Purchases Under uniform grant guidance (2 CFR 200.317-326) there are additional procurement requirements that need to be considered when making purchases related to a federal program. Five procurement methods are identified including: micro -purchases (≤10,000), small purchase procedures (≤250,000), competitive proposal (>250,000) and noncompetitive proposal (>10,000). The general purchasing policy addresses many of these requirements and the city will also consider the full requirements in relation to each method as described in 2 CFR. The micro -purchase threshold which is set by Federal Acquisition Regulation at 48 CFR Subpart 2.1 is subject to change with inflation. The City will follow changes to thresholds as modifications occur. When practicable, micro -purchasing will be distributed among qualified suppliers. Page 8 of 10 15 10. Change Orders As a matter of practice, construction projects are typically approved by council with a specific contingency request of 5 to 10 percent of the contract amount. This contingency approval allows for flexibility to address change orders through the course of the project. The city administrator or delegated representative may approve these change orders. Any change order that exceeds the council approved contract amount and allotted contingency by $5,000 should be presented to council for approval. A change order that materially changes the terms of a contract, so as to create a new contract, should be presented to council for approval. 11. Wholesale Club Memberships The city may purchase yearly memberships at various wholesale warehouses, i.e. Sam's Club for the purchases of supplies, food, equipment, etc. Due to the manner in which these businesses issue memberships, employees with city issued membership cards are granted access and purchasing rights by these wholesale businesses for both business and personal uses. However, given membership cards are purchased with the city's public funds, employees are not entitled to purchase personal items with these purchased membership cards. 12. Prohibited Purchases Purchases by employees for personal items or personal services under a city contract, quote, store account, membership and/or joint government contract are strictly prohibited. For example, utilizing the city's name, account or vendor business relationship to personally benefit is strictly prohibited. 13. Other This document is not intended to cover all purchasing situations and regulations. If there are questions regarding purchasing, the should be directed to your department director or finance department. J. PAYMENTS Minnesota State Statute §471.425 subd. 2 requires invoices to be paid within 35 days from receipt. For invoices not paid in a timely manner, the interest rate is 1 1/2 percent per month or part of a month. The minimum monthly interest on an invoice of $100 or more is $10.00. Interest penalties do not apply to good faith disputes. Minnesota State Statute §412.271 Subd. 8 allows for delegation of authority by the City Council for paying certain claims. Per City Code §32.15(D)(7), the City Council has delegated authority to the city administrator to purchase goods and services and to enter into contracts when the amount does not exceed $25,000. Page 9 of 10 16 In addition, Minnesota State Statute §412.271 Subd. 1 allows for the immediate payment of judgments, salaries and wages previously fixed by the council, principal and interest obligations, rent and other fixed charges, and the exact amount of which has been previously determined by contract authorized by the council. Contact the finance department for a copy of the city's payment procedures. K. WITHHOLDING CERTIFICATES Before the City makes a final payment to a contractor under a contract requiring employment for wages, it must make sure the contractor and any subcontractors have complied with withholding tax laws. Contractors and subcontractors must show compliance by submitting a withholding affidavit to the MN Department of Revenue. This can be done electronically or by mailing a completed Form IC134, "Withholding Affidavit for Contractors." If a contractor or subcontractor has withheld taxes as required, the Department of Revenue will return an electronic confirmation or sign and return the Form IC134, certifying compliance. The City must receive this certification of compliance before a final payment can be issued. The Dept of Revenue requires the form IC -134 only be submitted in connection with contractors on construction projects. Covered contracts are only those under which a contractor undertakes to supply labor or a combination of labor and materials for specific construction, repairs, rehabilitation or improvements. It does not apply to contractors for maintenance services or dealers, merchants and suppliers who supply materials only. Page 10 of 10 17 CITY OF SHAKOPEE PURCHASING POLICY 34.06.02.P Adopted: May 2, 2017 Amended: September 1, 2020, September 2, 2025 POLICY CONTENTS A. Scope 2 B. Purpose 2 C. Policy 2 D. Legality 2 E. Conflicts of Interest 2 F. Acceptance of Gifts 3 G. Background 3 H. Authorization 3 I. Purchasing Alternatives 4 1. Sealed Bids 4 2. State, County and Other Cooperative Purchasing Contracts 5 3. Quotes 6 4. Sole Source Purchases 7 5. Emergency 7 6. Professional Services 8 7. Leases/Purchases 9 8. On -Line Purchases 9 9. Federal Purchases 9 10. Change Orders 9 11. Wholesale Club Memberships 9 12. Prohibited Purchases 10 13. Other 10 J. Payments 10 K. Witholding certificates 10 18 A. SCOPE This policy applies to all employees of the City of Shakopee, as well as representatives, contractors, consultants, or others who may be authorized to make purchases on behalf of the City of Shakopee. B. PURPOSE These purchasing procedures are intended to provide a consistent manner of purchasing goods and services citywide. Employees should secure the best balance between quantity, quality, and price when purchasing for the city. C. POLICY Goods and services required by the city are to be obtained using established procedures that comply with all legal requirements for public purpose expenditures while promoting fair and open competition. This policy is intended to ensure public confidence in the procurement process, fair and equitable treatment of vendors who transact business with the city and provide safeguards for the maintenance of a procurement system of quality and integrity. Violations of this policy may result in discipline up to and including termination. D. LEGALITY In order for an expenditure of public funds to represent a lawful expenditure, it should meet both of the following standards: • Public purpose. A public purpose for the expenditures must exist. • Authority. Specific or implied authority for the expenditure must arise out of a statute. E. CONFLICTS OF INTEREST Minnesota Statutes §471.87, §471.88 and federal uniform grant guidance prohibit the purchase of goods and services wherever a conflict of interest may exist. Authorized purchasers must be exceedingly careful to avoid a conflict of interest or even the appearance of a conflict of interest. An authorized purchaser acting in the employee's official capacity, may not transact official city business with a family member, or with a business or person with whom that employee has a financial interest or involvement. Furthermore, authorized purchasers shall not enter into a relationship with a vendor where the employee's actions are, or may reasonably be viewed as, not in the best interests of the city. An employee who becomes involved in a possible conflict situation must report the possible conflict to the employee's supervisor and department head. Page 2 of 11 19 F. ACCEPTANCE OF GIFTS Pursuant to Minnesota Statute §471.895, no local official shall request, solicit, or accept a gift from any person or representative of a person or association that has a direct financial interest in a decision that the employee is authorized to make. Local official includes elected and appointed positions within the city. G. BACKGROUND The City of Shakopee has a "decentralized" purchasing program. Purchasing is the responsibility of each department director in order to support flexibility and discretion of purchasing and project management with the aid of expertise at the department level. H. AUTHORIZATION The City Council approves an annual budget that allocates funds for projects and operations throughout the city. The city administrator and department directors are responsible for ensuring that projects and operations remain within the budget. The city administrator is the chief purchasing agent of the city and has the authority to approve purchases up to $25,000 per city code. The city administrator may delegate purchasing authority via administrative directive stipulating purchasers and level of authority up to $25,000. For items and services in excess of $25,000, the city administrator may authorize the receipt of bids and shall receive estimates, quotations, proposals, or sealed bids, as appropriate, and present them to the Council for official action. Authorized purchasers are responsible to follow purchasing regulations, procedures and best practices such as, but not limited to: obtaining bids or quotes, maintaining records of bids, quotes or other legally required information in accordance with records retention requirements (i.e. bid bonds, payment bond, IC -134), placing actual orders, receiving and verifying deliveries, and approving invoices for payment. Authorized purchasers are only allowed to authorize funds from within their home department's budget. In an instance of the need for funds outside one's department budget, the purchaser should collaborate with an approved purchaser from the necessary department/fund. Employees will not make any purchases for personal use through the city. Certain purchases require installation, support, maintenance, etc. Most notably information technology (I.T.) purchases should be coordinated with the city's I.T. director to ensure purchases are for compatible with and supported by the city's I.T. infrastructure systems. Page 3 of 11 20 Department directors can delegate purchasing authority up to 55,000 $10,000 to designated staff members. Purchase ev PL -1 PL -2 PL -3 PL -4 Departmental Discretion Authorized Purchaser Department Director Less than $5,000 $10,000 $5,000 $10,000 to $24,999 $25,000 to $174,999 $175,000 and Greater Gem Two or more Quotes if practical Two or more Written Quotes, Bids, or RFP's Sealed Bids I. PURCHASING ALTERNATIVES Council Memo Council Memo atior................... Authorized Purchaser Department Director City Administrator or delegated representative Authorized Purchaser delegated representative City Council Authorized Purchaser Department Director City Administrator City Council 1. Sealed Bids A formal sealed bid procedure is required for all purchases that are estimated to exceed $175,000, except for purchases through a cooperative purchasing contract (see below). Minnesota Statute §412.311 requires a published notice of the bid in the official city newspaper at least ten (10) days in advance of bid opening. The published notice must state where the plans and specifications can be obtained by bidders and specifically, when and where the bid opening will be held. The notice may also be published on the city's official web site; however, this publication is in addition to the official newspaper publication. Special assessment projects, commonly referred to as 429 projects, require specific advertising requirements. Please see Minnesota Statute §429.041 or the League of Page 4 of 11 21 Minnesota Cities Special Assessment Toolkit memo for specific requirements www.lmc.org/media/document/1/sagtext.pdf?inline=true. All bid openings are to be administered by the originating department. The preparation of all specifications and required authorization is to be the responsibility of the originating department. The city council must formally award the contract, and the originating department then files the contract with the administration department. Capital improvement/purchase bids should be retained permanently per the city's record retention policy. Sealed bids are not required for the purchasing and sale of real estate or service contracts. 2. State, County and Other Cooperative Purchasing Contracts Cooperative purchasing contracts provide the opportunity for the city to purchase goods and services at reduced costs. Employees do not need to obtain bids if a purchase is made through a national municipal association purchasing alliance or a cooperative created by a joint powers agreement (of which the city is a member) that purchases items from more than one source on the basis of competitive bids or quotations that complies with State Statute. a) State Cooperative Purchasing Contracts. The City of Shakopee participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the city to buy goods and services under the terms of contracts already negotiated by the State of Minnesota. The finance department has access to the releases and listings of products/services that can be purchased on state contract. If it is determined that a product/service is on a state contract, vendors should be told that the purchase will be made using that contract. When completing the purchasing paperwork, including council actions, note that the purchase is per state contract and indicate the contract number. Vendors will often contend that the city can purchase from them without bidding because they are on the "state contract" or they will sell at the state contract price. Beware of these approaches. Verify both the vendor and the specific product/service is listed on the state contract. It is likely that not all of a vendor's products/services have been selected to be on the state contract. If a vendor is not on the state contract but will match the state contract price, this action does not preclude the city from avoiding the competitive bidding laws. See the finance department for further information. Page 5 of 11 22 b) U.S. Communities Government Purchasing Alliance. The city participates in the U.S. Communities Govern www.uscommunities.org/. or further information. c) National Joint Powers Alliance (NJPA) Purchasing Program. www.njpacoop.org/home.asp. See the €Erra €e ep information. urthcr d) Houston -Galveston Area Council Buy (HGACBuy) The city participates in the HGAC Buy purchasing program www.h- gac.com/coop/hgacbuy.aspx. cn n��n a���"m�n TtxQr-ray e) United States General Services Administration (GSA) http://www.gsa.gov/buy-through-us . information. f) OMNIA Partners The city participates in the OMNIA Partners p www.omniapartners.com or further information. g) Sourcewell The city participates in the Sourcewell purchasing program www.sourcewell- mn.gov/. See the finance department for fur -:her information. h) University of Minnesota Cooperative Purchasing Agreement The city participates in the University of Minnesota cooperative purchasing program See the finance department for further information. 3. Quotes If a purchase is estimated to exceed $25,000 but not to exceed $175.000, -the purchase may be made either by sealed bids or by direct negotiation based upon quotations. If a purchase is made in this range. authorized purchasers are required to obtain at least two written quotes. These quotes should be in writing. If the quotes are not written, the requestor who received the verbal quote must document the quote in writing. All quotes will be kept with the originating department or added to the city's accounts payable software and kept on file until the following Page 6 of 11 23 year's financial audit is complete. In practice, retaining quotes for two years will ensure quotes are available for auditing purposes. 4. Sole Source Purchases Sole source purchases may be made if they comply with at least one of the following: a) Item or service under patent or copyright held by a single vendor and item or service possesses or has capabilities critical to use. b) Item or service possesses a unique function or capability critical in the use of the item or service not available from any other sources. c) The purchase is for equipment associated with the use of existing equipment where compatibility is essential for integrity of results. d) The purchase is for replacement parts needed for repair or accessories of existing equipment where compatibility with equipment from the original manufacturer is paramount. e) The purchase is for technical services associated with the assembly, installation, or servicing of equipment or highly technical or specialized in nature. f) Additional item, service, or work required, but not known to have been needed when the original order was placed with vendor and it is not feasible or practicable to contract separately for the additional need. g) The purchase must match the existing piece of brand or equipment is only available from one vendor. When completing council actions and general ledger coding/approval, note that the purchase is sole source along with the reason. 5. Emergency Emergency situations may arise where the normal purchasing process cannot be followed for the procurement of goods and services. An emergency must be a situation arising suddenly and unexpectedly which requires speedy action essential to health, safety, and welfare of the community, and not just an inconvenience. In the event of a disaster and when it is impossible or impractical to first seek City Council approval, the mayor or the mayor's designee is authorized to exercise discretion and to use city equipment, supplies, and personnel and to expend city funds as necessary to preserve and maintain the operation of the city government and the safety and security of the public. See City Code and/or MN Statutes for specific guidance. Page 7 of 11 24 6. Professional Services Contracts for professional services in excess of $25,000 annually shall be submitted to the city council for approval. Multi -year professional service contracts with annual caps of less than $25,000 but with an aggregate total exceeding $25,000 may be approved the city administrator or authorized purchaser. The term "Professional Services" applies to all advisory services such as, but not limited to: auditing, engineering, financial, legal, personnel, technical, training, or other services. Contracts for professional services shall be made only with responsible consultants who have the capability to successfully fulfill the contractual requirements. Consideration shall be given to their past performance and experience, their financial capacity to complete the project, the availability of personnel, and other appropriate criteria. The nature of the professional service is typically written as a request for proposals (RFP). Contracts RFPs will generally be used to solicit proposals for professional services. In cases where the City Council has established a preapproved pool of qualified consultants (e.g. architectural, engineering, scientific, etc.), the consultant may be selected from the existing pool, without obtaining multiple quotes on proposals. Service agreements with a contract length greater than twelve months, must allow for a no greater than a 60 -day cancellation clause. Professional S r i ............... i ur hams Level Val of Contract;;,,, Quotation /I FP' Needed . Requi o i Internal i lits Requi ;. Auth6rizati o s PL -1 Less than $5,000 $10,000 Departmental Discretion Authorized Purchaser Department Director PL -2 $5,000 $10,000 Two or more Quotes/RFP's if practical Authorized Purchaser City Administrator or delegated representative to $24,999 PL -3 $25,000 and Greater Two or more Quotes/RFP's recommended Council Memo rchaser City Administrator or delegated e}��tativ City Council Page 8 of 11 25 7. Leases/Purchases All lease agreements need approval through the finance department and city attorney prior to initiating any lease. 8. On -Line Purchases City employees may only purchase from vendors that use secure servers for e - commerce. If an employee makes a purchase using the city credit card that is not properly authorized by the city council, the employee will be held personally liable for the amount of the purchase. For additional information on the proper use of city credit cards, see the finance department. 9. Federal Purchases Under uniform grant guidance (2 CFR 200.317-326) there are additional procurement requirements that need to be considered when making purchases related to a federal program. Five procurement methods are identified including: micro -purchases (≤10,000), small purchase procedures (≤250,000), competitive proposal (>250,000) and noncompetitive proposal (>10,000 ). The general purchasing policy addresses many of these requirements and the city will also consider the full requirements in relation to each method as described in 2 CFR. The micro -purchase threshold which is set by Federal Acquisition Regulation at 48 CFR Subpart 2.1 is subject to change with inflation. The City will follow changes to thresholds as modifications occur. When practicable, micro -purchasing will be distributed among qualified suppliers. 10. Change Orders As a matter of practice, construction projects are typically approved by council with a specific contingency request of 5 to 10 percent of the contract amount. This contingency approval allows for flexibility to address change orders through the course of the project. The city administrator or delegated representative may approve these change orders. Any change order that exceeds the council approved contract amount and allotted contingency by $5,000 should be presented to council for approval. A change order that materially changes the terms of a contract, so as to create a new contract, should be presented to council for approval. However; a contract so as to create 11. Wholesale Club Memberships The city purchases may purchase yearly memberships at various wholesale warehouses, i.e. Sam's Club and Costco for the purchases of supplies, food, equipment, etc. Due to the manner in which these businesses issue memberships, Page 9 of 11 26 employees with city issued membership cards are granted access and purchasing rights by these wholesale businesses for both business and personal uses. However, given membership cards are purchased with the city's public funds, employees are not entitled to purchase personal items with these purchased membership cards. 12. Prohibited Purchases Purchases by employees for personal items or personal services under a city contract, quote, store account, membership and/or joint government contract are strictly prohibited. For example, utilizing the city's name, account or vendor business relationship to personally benefit is strictly prohibited. 13. Other This document is not intended to cover all purchasing situations and regulations. If there are questions regarding purchasing, the should be directed to your department director or finance department. J. PAYMENTS Minnesota State Statute §471.425 subd. 2 requires invoices to be paid within 35 days from receipt. For invoices not paid in a timely manner, the interest rate is 1 1/2 percent per month or part of a month. The minimum monthly interest on an invoice of $100 or more is $10.00. Interest penalties do not apply to good faith disputes. Minnesota State Statute §412.271 Subd. 8 allows for delegation of authority by the City Council for paying certain claims. Per City Code §32.15(D)(7), the City Council has delegated authority to the city administrator to purchase goods and services and to enter into contracts when the amount does not exceed $25,000. In addition, Minnesota State Statute §412.271 Subd. 1 allows for the immediate payment of judgments, salaries and wages previously fixed by the council, principal and interest obligations, rent and other fixed charges, and the exact amount of which has been previously determined by contract authorized by the council. Contact the finance department for a copy of the city's payment procedures. K. WITHHOLDING CERTIFICATES Before the City makes a final payment to a contractor under a contract requiring employment for wages, it must make sure the contractor and any subcontractors have complied with withholding tax laws. Contractors and subcontractors must show compliance by submitting a withholding affidavit to the MN Department of Revenue. This can be done electronically or by mailing a completed Form IC134, "Withholding Affidavit for Contractors." If a contractor or subcontractor has withheld taxes as required, the Page 10 of 11 27 Department of Revenue will return an electronic confirmation or sign and return the Form IC134, certifying compliance. The City must receive this certification of compliance before a final payment can be issued. The Dept of Revenue requires the form IC -134 only be submitted in connection with contractors on construction projects. Covered contracts are only those under which a contractor undertakes to supply labor or a combination of labor and materials for specific construction, repairs, rehabilitation or improvements. It does not apply to contractors for maintenance services or dealers, merchants and suppliers who supply materials only. Page 11 of 11 28 E 3 § 7 A $10,000-$24,999 0 O 0 « \ State/County/Cooperati 0 a) au - 0 E a \ \ 0 a) a) State/County/Cooperative Purchasing Contract Documentation • 2 0 ty Council App \ / / k � 2 a, } C.) 0 0 \ 0 O { 2 —1 cll irEr CD CD 0 cn 4 ,53 3 k\a {\\ \\j Tx 2 \ \ 4-4 \ 0) \ o % ) > 0 \ \ « 0 au si 0 \ } 0 \ \co 0 \ \ a x 0 \ o E 0 30 G`s CI) ••Q ±�o j\)3 \ / -O 00) Z. 2 k _ i- S 0o0o \\\\ J ) &&084 /• Shakopee City Council 5.c OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: Approval of the 2025-2026 Shakopee Youth Hockey Concession Agreement Troy Ciernia, Recreation Facilities Manager Kelsi McNutt Action to be considered: Approve the 2025-2026 Concession Agreement with the Shakopee Youth Hockey Association Motion Type: Simple Majority Background: Shakopee Youth Hockey Association is a Non profit organization that has continued to successfully operate the concession stand at the Ice Arena through partnership agreements. By operating the concession stand they offer a service to those attending ice events that otherwise would be cost prohibitive for the city operate. Recommendation: Approve the 2025-2026 Concession Agreement with the Shakopee Youth Hockey Association. Budget Impact: The City receives 10 percent of gross revenue from the organization. Attachments: SYHA Concession Agreement 2025-2026.pdf 30 SHAKOPEE YOUTH HOCKEY ASSOCIATION CONCESSION AGREEMENT 2025-2026 This agreement made and entered into this day of , 2025, by and between the City of Shakopee, a Minnesota municipal corporation, located at 485 Gorman Street, Shakopee, in the County of Scott, State of Minnesota (hereinafter referred to as "CITY") and Shakopee Youth Hockey Association, a nonprofit corporation in the County of Scott, State of Minnesota (hereinafter referred to as "SYHA"). WITNESSETH: Whereas, the CITY of Shakopee is desirous of providing efficient concession services to Shakopee Ice Arena patrons, and generate revenue; and Whereas, SYHA wishes to provide concession services at the Shakopee Ice Arena in order to raise funds for the ongoing support of youth hockey in the community; and Whereas, SYHA uses concession earnings to rent ice time at the Shakopee Ice Arena, which is beneficial to the CITY. Now, therefore, in consideration of the promises, terms and conditions stated herein, the parties agree as follows: I. DUTIES AND RIGHTS OF SYHA A. SYHA agrees to provide full and complete services for the sales of food concessions at the Shakopee Ice Arena concession stand during High School Games, Tournaments, Open Skate Sessions, and Monday- Friday between the times of 6:OOPM-8:OOPM and Saturdays and Sundays between the times of 9:00AM to 6:00PM in season, excluding holidays unless otherwise agreed upon. SYHA agrees to be open for all summer tournaments/competitions. The city will inform SYHA with all scheduled tournaments/competitions and events. B. The SYHA agrees to obtain and maintain all licenses and permits necessary to operate a concession stand as required by any and all governmental agencies. C. SYHA agrees to pay the CITY 10% of Gross Sales from concessions sales at the Shakopee Ice Arena for the use of Arena concession stand facilities and equipment. D. Payments shall be made on or before May 31st E. SYHA agrees to provide, maintain and repair facilities and equipment as necessary for the sale of concessions. SYHA will be responsible for the cost of any losses resulting from spoilage of frozen or refrigerated foods due to a power outage or equipment failure. SYHA shall thoroughly document such losses. If 31 equipment is needed, either in replacement of or addition to the existing equipment, the equipment must meet appropriate NSF standards. F. SYHA agrees to provide all managers(s), supervisor(s), attendants(s), and other personnel for its Ice Arena concession operations, and train those personnel in food preparation and handling procedures as required by any and all government agencies. Such attendants or other personnel may include workers for hire or volunteers not otherwise associated with SYHA, provided SYHA shall not be absolved of its responsibilities hereunder during such time a worker for hire or other volunteer is involved in SYHA's Ice Arena concessions operations. SYHA also agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the CITY and that it is an independent contractor and its officers, managers, supervisors, volunteers, attendants and other employees are not employees, agents or representatives of the CITY with respect to any services performed under this agreement. Such workers for hire, personnel, or other personnel associated with SYHA, or volunteers not otherwise associated with SYHA shall not be entitled to any compensations, rights or benefits of any kind whatsoever from the CITY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers Compensation, Unemployment Compensations, disability or severance pay and PERA. G. SYHA agrees to maintain an internal control system which includes Cash Demand System and a Cash Report, on forms approved by the CITY. Such reports shall be submitted along with the remittance of the CITY's share of the gross receipts. In accordance with Minnesota Statutes 16B.06, Subdivision 4, SYHA further agrees to allow the CITY or the State Auditor or their agents to review, upon request, all records associated with the performance of the agreement, including invoices for concession goods and supplies, all canceled checks for payment of such invoices, all inventory records, and to be present at the taking of inventories, and to verify inventory shrinkage records. Gross receipts shall be agreed upon by the CITY Finance Director. SYHA will maintain a separate checking account for concessions operations. H. On or before May 31st of each year, SYHA shall provide the CITY with a copy of the year-end Ice Arena Concession financial report prepared by SYHA for its Board of Directors. I. SYHA shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the CITY and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of SYHA, its agents, officers, employees, volunteers, patrons, or any persons associated with or served by SYHA concessions operations. 2 32 J. SYHA agrees to carry a certificate of insurance for comprehensive general liability in the minimum amount of $1,000,000 per occurrence, $1,000,000 general aggregate, $1,000,000 food product liability per occurrence, and fire/property damage in the amount of $100,000 per occurrence. The required insurance certificate must name the City of Shakopee, its officials, agents, employees, and volunteers as additional insured's. A copy of the certificate must be submitted to the City Clerk, and all policies shall provide and the certificates issued evidence that the CITY will be notified at least 30 days prior to cancellation or modifications of coverage. Renewal certificates shall be provided to the CITY 30 days prior to the expiration date of coverage. All insurance must be provided at SYHA expense and at no costs to the CITY. K. SYHA may terminate this agreement upon thirty (60) days written notice to the CITY, except as outlined in II.B. In the event of such termination by either party, SYHA agrees to pay the CITY the full remittance owed as of the date of termination. L. SYHA agrees to comply with Minnesota Statutes 181.59 and other related state and federal laws prohibiting discrimination in performance of this agreement on the basis of race, color, creed, religion, national origin, sex, marital status, disability and status with regard to public assistance, age or familial status. SYHA agrees to hold harmless and indemnify the CITY from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. M. SYHA agrees to comply with the Americans with Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The CITY has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. SYHA agrees to hold harmless and indemnify the CITY from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. II. DUTIES AND RIGHTS OF THE CITY OF SHAKOPEE A. The CITY agrees to provide storage for SYHA inventories, subject to the limitations of available space at the Ice Arena. The CITY assumes no liability for lost, stolen or damaged merchandise or equipment left or stored in the concession stand. B. The CITY may immediately terminate this agreement in the event that SYHA fails to provide concession services in accordance with Shakopee Ice Arena schedule of events or otherwise fails to perform its duties under this agreement. 3 33 C. The CITY may terminate this agreement upon thirty (30) days written notice to SYHA for any reason other than stated in II. B. D. The CITY will provide and maintain basic mechanical, electrical and plumbing in the space per code regulations E. Any improvements need to be requested and approved by the CITY. III. JOINT DUTIES AND RIGHTS A. SYHA and the CITY agree to work to develop a security plan for controlling access to the concession area. This plan will designate which SYHA personnel will be issued keys to the concession stand. Individuals on this list may not transfer their keys to other individuals without prior approval by the CITY. The plan will also designate which CITY staff will have access to the concession area for conducting building maintenance, inspections, etc. B. SYHA will sweep, spot mop and wipe down everything each night. The CITY will maintain the heavy floor cleaning each week. C. SYHA and the CITY agree that the types, serving sizes, prices and packaging of concession items sold by SYHA shall be mutually agreed upon by the Shakopee Parks and Recreation Director and SYHA. D. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes all prior agreements or proposals, written or oral, and that no alternation, modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. E. This Agreement shall not be assignable except by the written consent of the CITY. F. This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers, thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE SHAKOPEE YOUTH HOCKEY ASSOCIATION Mayor President City Administrator City Clerk 4 34 Shakopee City Council 5.d OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: Approval of a Location agreement with Mendota Valley Amusement for the Ice Arena to operate ATM, bulk vending and redemption games. Troy Ciernia, Recreation Facilities Manager Kelsi McNutt Action to be considered: Approve a location agreement with Mendota Valley Amusement to operate ATM, Bulk vending and redemption games in the Ice Arena. Motion Type: Simple Majority Background: Mendota Valley Amusement provides coin -operated games, including classic arcade machines, pinball, redemption and crane games aimed at younger guests. MVA is Minnesota Ice Arena Managers Association vendor. They service multiple ice rinks in Minnesota. Recommendation: Approve the location Agreement with Mendota Valley Amusement. Budget Impact: The City receives 50/50 revenue from the coin -operated games and location transaction commissions from the ATM. Attachments: LOCATION AGREEMENT_prelim Shakopee Ice Arena.pdf 35 eirdotit I UdSEMEN , INC LOCATION AGREEMENT For the Operation of Coin and Currency Operated Machines THIS AGREEMENT, made and entered into this day of , 2025 by and between MENDOTA VALLEY AMUSEMENT INC., 390 Richmond St. East, South St. Paul, MN, 55075, a corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "MVA", and Shakopee Ice Arena, located in the City of Shakopee, County of Scott, State of Minnesota, hereinafter referred to as "Location". NOW, THEREFORE, in consideration of their mutual promises to each other, and of the mutual promises and covenants herein contained, MVA and Location agree as follows: 1. MVA agrees to place coin and currency operated amusement, music, bulk vending and/or redemption devices with Location. MVA agrees to install said devices in a prompt and workmanlike manner and shall be fully responsible for necessary repairs and maintenance of the devices so placed. 2. Location grants MVA the exclusive right to place, install and operate coin and/or currency operated machines, including but not limited to, digital juke boxes, pool tables, pinball machines, video games, redemption devices, dart machines, cranes, bulk vending and other coin or currency operated amusement, music devices and ATM's. This warranty shall extend for the full term of this agreement. No other person or entity, including the proprietor shall have the right to operate such machines at Location during the term of this agreement. Location warrants that it has granted no conflicting rights to any third party and that its execution of this agreement does not violate any other agreement to which Location, or its proprietor may be a party. 3. The devices placed and installed by MVA are and shall continue to be the sole property of MVA. Location shall be fully responsible for all loss, injury, or damage to the said devices while in its possession or on its place of business, normal wear and tear excepted. 4. Location agrees that all equipment, including the cash contained within them is the sole property of MVA. Location has no legal right to tender equipment or cash for sale, process, levy, execution, garnishment, attachment, judgement and lien whether given by statute, lease or agreement, for rent due, or to be due, or for any other claim or demand, present or future of the undersigned Location. Page I 1 MVA/Shakopee Ice Arena Location Agreement 36 5. Subject to exceptions detailed herein and any additional terms included below, net proceeds collected from operation of equipment at the Location shall be divided as outlined hereafter. Subject to exceptions listed herein, net proceeds shall be defined as total collections minus sales tax, required permits and licenses, refunds, online connection and content fees, league fees, cost of products and prizes and any promotions agreed upon by MVA and Location. Future equipment installed at the Location by MVA shall be governed by this paragraph, including exceptions detailed below, unless agreed upon in writing by Location and MVA. a) VIDEO GAMES, DARTS AND POOL TABLES— Revenues collected from video games, darts and pool tables shall be divided as follows: 50% to Location and 50% to MVA. ** Revenues collected from pinball machines released after 2014 and quarter pushers shall be divided as follows: 40% to Location and 60% to MVA. b) BULK VENDING - Revenues collected from bulk vending machines shall be divided as follows: 60% shall be retained by MVA to pay for product then 50% to Location and 50% to MVA. c) REDEMPTION GAMES — Revenues collected from redemption games shall be divided as follows: 40% will be retained by MVA to pay for product then 50% to Location and 50% to MVA. d) AUTOMATIC TELLER MACHINES (`ATMs') — ATMs shall be stocked, operated, and serviced by MVA affiliate Wesmoe Holdings, Inc. ATM users shall be assessed a fee of $3.50 per transaction, of which $.50 shall be paid to Location as a commission per transaction from 50 to 100 transactions, $1.00 per transaction from 100-200 transactions and $1.50 per transaction for 200+ transactions per month. ATM commissions shall be paid to Location on the 20th of day of each month for the previous month's transactions. e) OTHER AGREED UPON EXCEPTIONS— The parties may upon specific revenue splits, guarantees or other fee structures for specific equipment. Such exceptions shall be made in writing 6. The term of this agreement shall be for a period of 36 months from the date of this agreement. 7. In the event of any breach of this Agreement, in addition to any other remedy which may be available, MVA may elect to terminate this Agreement and remove all of its equipment, without interference from Location, and shall be entitled to liquidated damages in a sum equal to the Company's average weekly share of collections multiplied by the number of weeks remaining in the unexpired term of this Agreement. Such damages shall become immediately due and payable upon the breach. In addition, MVA shall be entitled to recover from Location all costs and expenses, including reasonable attorney fees, for the collection of amounts due under this Agreement. Liquidated damages as described shall be paid to compensate MVA for lost income and not as a penalty enforced against Location. 8. The parties hereto undertake this agreement on behalf of themselves, their heirs, assigns, successors or persons who may come into possession of said premises, or any part thereof, in any manner whatsoever. This agreement shall be binding on any business or firm succeeding the business of the Location, including by way of acquisition or merger, and shall apply to any other address to which the business of Location is moved. Page 12 MVA/Shakopee Ice Arena Location Agreement 37 9. This instrument contains the entire agreement between the parties and supersedes any and all agreements previously made. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing signed by all the parties. Both parties' signatures below acknowledge their understanding and ascent to the contents of this agreement. 10. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement of the breach thereof, the prevailing party shall be entitled to recover as part of its judgement reasonable expenses, attorneys' fees and costs. 11. This agreement, executed and delivered in the state of Minnesota, shall be governed by and construed in accordance with the laws of the state of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first above written. By: Mendota Valley Amusement, Inc. By: Shakopee Ice Arena Signature Signature Andy Klassen Printed Name Printed Name Chief Operating Officer Its Its Federal Tax ID# Additional Terms/Information: Initial Here: MVA Page 13 Initial Here: Shakopee Ice Arena MVA/Shakopee Ice Arena Location Agreement 38 Shakopee City Council OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: Appointment of Interim Fire Chief Joe Simon as Fire Chief William Reynolds, City Administrator Action to be considered: Appointment of Interim Fire Chief Joe Simon as Fire Chief Motion Type: Simple Majority Background: I am happy to recommend Interim Fire Chief Joe Simon for appointment as Fire Chief. 5.e Joe has an extensive knowledge of the department, has worked very effectively under both Chief Mike Scott and Chief Mike Nelson, and has both of their support in this new role. Joe has been instrumental in our growth the last few years and is committed to moving the department forward. I am very proud of his - and everyone's efforts - remolding the department. The preliminary interview panel was unanimous that Joe should be the next Fire Chief. I fully concur in that assessment. Recommendation: Approval of the recommendation. Budget Impact: Chief Joe Simon will be filling the currently vacant Fire Chief position, which has been budgeted. Attachments: 39 Shakopee City Council 5.f OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: Purchase two 2026 Utility Police Interceptor's for the Police Department and declare existing vehicles as surplus. Bill Egan, Public Works Director Action to be considered: Approve the purchase of two 2026 Ford utility interceptor's AWD from Tenvoordee Ford, and equipment and set up from Emergency Automotive Technologies Inc., in amount of $131,548.84; and declare the existing vehicles as surplus. Motion Type: Simple Majority Background: On July 28th, 2025, vehicle SK1399 (54,500 miles) 2021 Ford Utility Interceptor was involved in an accident on County Road 101 and 83 and subsequently the vehicle and equipment is a total loss. This vehicle and equipment was due for replacement in 2026, Staff is requesting to purchase the replacement vehicle now from the draft Equip -26-311 CIP. The vehicle and equipment will be purchased under State of Minnesota Contract Nos. 244262, 248318 and 264953. Vehicle purchase from Tenvoorde Ford, Inc., and set up to be performed by Emergency Automotive Technologies, Inc., are consistent with state contract pricing. As outlined in the attached quotes, the cost of the vehicle is $45,188.44 plus an additional $20,585.98 for equipment and install totaling $65,774.42. Note: Additional operating equipment that was destroyed in the accident will need to be purchased for this vehicle at a later date. On August 26th, 2025, vehicle SK1417 (25,500 miles) 2023 Ford Utility Interceptor was involved in an accident and subsequently the vehicle is a total loss. The vehicle and equipment will be purchased under State of Minnesota Contract Nos. 244262, 248318 and 264953. Vehicle purchase from Tenvoorde Ford, Inc., and set up to be performed by Emergency Automotive Technologies, Inc., are consistent with state contract pricing. As outlined in the attached quotes, the cost of the vehicle is $45,188.44 plus an additional 40 $20,585.98 for equipment and install totaling $65,774.42. Vehicle SK1399 and SK1417 that will be deemed surplus will either be handled through a claim with the insurance company and/or sold "as is" at auction. Recommendation: Approval as requested. Budget Impact: The vehicles and equipment are funded by the Equipment Internal Service Fund, as indicated on the draft CIP summary sheet and funding summary. Revenues from the sales of surplus equipment and any claim receipts from the accident will be deposited into the Equipment Internal Service Fund. Attachments: tenvoorde quote.pdf EATI quote.pdf CIP Equip-26-311.pdf 41 Assn. Ctr # TENVOORDE FORD, INC P O BOX 1045 ST CLOUD, MN 56302 IIMNIMINNIIKOINIM011,1111111111111011110011.10, uuuunnownow Two Customer City of Shakopee Name Address 400 Gorman ST City Shakopee Phone 952-233-9557 Qty 1 1 MN Description 2026 Police Utility - Explorer AWD K8A S 99B - AWD 3.3L V6 Added Facto rytww©;ptons UM - Agate Black 9W - Interior Charcoal Black 66C - Rear Lighting Solution 153 - License Plate Bracket 21 L - Front Warning Auxiliary LED Lights 43A - Rear Auxiliary Liftgate Lights 63B - Side Marker LED 51 T - Spot Lamp 87M - Rear Backup Camera 68G - Rear Door controls Inoperable 18D - Global Lock / Unlock ,59E - Keyed Alike - 1435x '60R - Noise Suppression bonds Delivery Address if Different From Billing mNowNNNONm o o uouooNNmuwwwwMINU I NNN000000N00000 wuuwmmmm wu u No ZIP 55379 WET 30 Misc 10015 r111111111111111111111111111111INNIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIN10111111111111111111111111011110111 QUOTE Date 8/14/2025 Order No. Contract No. 244262 Unit Price TOTAL $ 42,762.44 $ 42,762.44 $ - $ $ 432.00 $ 432.00 $ $ $ 546.00 $ 546.00 $ 376.00 $ 376.00 $ 461.00 $ 461.00 $ 394.00 $ 394.00 $ - $ $ 76.00 $ 76.00 $ $ $ 47.00 $ 47.00 $ 94.00 $ 94.00 SubTotal $ 45,188.44 TOTAL $ 45,188.44 Vehicle Pickup Location Tenvoorde Ford 185 Roosevelt Rd St. Cloud MN, Monday -Friday 8:00am-5:00pm Please Call Jade Aanenson 612-703-7789 Cell or Bob Aanenson 320-224-2808 Cell With Any Questions INNNOIONONONONOOOONIIUIIUIIUIINWWWIIIWIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIINNNNI01!NNIIIIIIIIIIUIIUIIUIIUIIUIIUIIIwwINIIINNIIIIIIIIIIIIIIIIIIIIIIIINNNIONNNI010NINIIIl0110110111U11 NNN GIM101ololaoNNNNNwww ANNNONNUNoww111WH INIMI NNNNlwlwu Tenvoorde Ford The World's Oldest Ford Dealership NNIONUNuuuuuuumN1o1o1o1omNouou000Nwum0000000000N00000uNNNNNNNNNNNUNNNNNNNNNNUN00000mNouNNNNoouoNowouoN00001 42 2755 Geneva Avenue North E AT I Oakdale, MN 55128 651-765-2657 orders@eatimn.com EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. Name / Address SHAKOPEE POLICE DEPARTMENT ATTN: NICK BENGSTON 485 GORMAN STREET SHAKOPEE, MN 55379 USA Quote Date Quote # 8/15/2025 MP081525-12 Ship To EATI JORDAN ATTN: SHAKOPEE PD 303 W 190TH STREET JORDAN, MN 55352 P.O. No. Account # Terms Rep Quote Valid Until FOB NEW UNIT Net 30 MCP 9/30/2025 ORIGIN Qty Item Description Price Total 1 CONTRACT NUMBER 248318 STATE OF MINNESOTA CONTRACT RELEASE: V-30(5), 0.00 0.00 CONTRACT NUMBER 248318 - MSP & CPV 1 CONTRACT NUMBER 264953 STATE OF MINNESOTA CONTRACT RELEASE: T-763(5), 0.00 0.00 CONTRACT NUMBER 264953, LIGHT DUTY EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 1 EATI WARRANTY VEHICLE BUILD INCLUDES EATI LIFETIME WARRANTY 0.00 0.00 WHICH COVERS OUR INSTALLATION AND WORKSMANSHIP FOR THE LIFETIME OF THE VEHICLE UNDER NORMAL USE - ALL NEW PRODUCTS CARRY THEIR RESPECTIVE MANUFACTURERS' WARRANTIES 1 POLICY PARTS AND LABOR WILL BE INVOICED SEPARATELY. 0.00 0.00 YOUR PARTS WILL BE INVOICED COMPLETE ONCE THEY ARE RECEIVED. YOUR PARTS WILL BE MARKED WITH YOUR NAME AND ORDER NUMBER, AND WILL BE HELD IN OUR WAREHOUSE. YOU MAY, AT YOUR DISCRETION, REQUEST THAT THE PARTS BE DELIVERED TO YOU OR YOU MAY PICK THEM UP. (DELIVERY CHARGES MAY APPLY). LABOR, STRIP, SHOP SUPPLIES, ETC., WILL BE INVOICED FOLLOWING THE COMPLETION OF THE VEHICLE. 1 CONTACT **************************************** 0.00 0.00 NICK BENGTSON NBENGTSON@ SHAKOPEEMN. GOV CELL: #952.529.1041 **************************************** All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Page 1 43 EAT EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 2755 Geneva Avenue North Oakdale, MN 55128 651-765-2657 orders@eatimn.com Name / Address SHAKOPEE POLICE DEPARTMENT ATTN: NICK BENGSTON 485 GORMAN STREET SHAKOPEE, MN 55379 USA Quote Date Quote # 8/15/2025 MP081525-12 Ship To EATI JORDAN ATTN: SHAKOPEE PD 303 W 190TH STREET JORDAN, MN 55352 P.O. No. Account # Terms Rep Quote Valid Until FOB NEW UNIT Net 30 MCP 9/30/2025 ORIGIN Qty Item Description Price Total 1 VEHICLE **************************************** 0.00 0.00 2026 FORD PIU UNIT #TBD VIN #XXXXXXXX MILEAGE: XX,XXX **************************************** 1 CUSTOMER SUPPLIED PART **********CUSTOMER TO SUPPLY THE FOLLOWING*********** AXON CAMERA SYSTEM MOTOROLA APX6500 REMOTE HEAD RADIO & CABIN SPEAKER BROTHER POCKETJET PRINTER AND CABLING GETAC A140 DOCK & POWER SUPPLY GETAC CAMERA SYSTEM STALKER RADAR SYSTEM GETAC 5 -IN -1 ANTENNA 0.00 0.00 1 BK0534ITU20 SETINA PB400 VS ALUMINUM PUSH BUMPER FOR 2020+ 434.2.5 434.25 FORD INTERCEPTOR 1 PK0419ITU20TM SETINA 10 -VS -RP -C -TM - TALL MAN HORIZONTAL 861.75 861.75 SLIDING WINDOW PARTITION WITH COATED POLY, CHICAGO BARRIER AND RECESSED PANEL - FOR 2020+ FORD INTERCEPTOR UTILITY 1 QK0566ITU25 SETINA FULL REPLACEMENT TRANSPORT SEAT WITH 1,319.25 1,319.25 CENTER PULL SEATBELTS - INCLUDES 12VS STATIONARY WINDOW COATED POLY REAR PARTITION AND RELOCATION PLATE FOR MODULE - FOR 2025+ FORD PIU All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Page 2 44 2755 Geneva Avenue North E AT I Oakdale, MN 55128 651-765-2657 orders@eatimn.com EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. Name / Address SHAKOPEE POLICE DEPARTMENT ATTN: NICK BENGSTON 485 GORMAN STREET SHAKOPEE, MN 55379 USA Quote Date Quote # 8/15/2025 MP081525-12 Ship To EATI JORDAN ATTN: SHAKOPEE PD 303 W 190TH STREET JORDAN, MN 55352 P.O. No. Account # Terms Rep Quote Valid Until FOB NEW UNIT Net 30 MCP 9/30/2025 ORIGIN Qty Item Description Price Total 1 WK0514ITU20 SETINA STEEL VERTICAL WINDOW BARS FOR 2020 FORD 246.75 246.75 INTERCEPTOR 1 GK1028 SETINA DUAL T -RAIL MOUNT - INCLUDES BRACKETS 171.75 171.75 FOR A UNIVERSAL LOCK AND A SMALL LOCK - NO LOCKS INCLUDED 1 54-000-500 TUFLOC SMALL REPLACEMENT LOCK HEAD - 116.96 116.96 HANDCUFF KEY OVERIDE 1 GK1223E SETINA BLAC-RAC 1088E 40MM LOCKHEAD ONLY, NO 696.75 696.75 T -RAIL INCLUDED 1 LEGACY DUO WCX 54 SMOKED WHELEN 54' LEGACY WECAN-X LIGHTBAR W/SCENE 2,395.00 2,395.00 AND SMOKED LENSES - R/W - B/W FRONT AND CORNERS, R/A - B/A REAR INBOARDS - DELWCCP - WITH ADJUSTABLE FEET - SPECIFY STRAP KIT SEPARATELY 1 STPKT105 WHELEN LIGHTBAR STRAP KIT FOR 2020+ FORD 0.00 0.00 INTERCEPTOR 1 20.1880 SHO-ME REPLACEMENT STROBE TUBE / REFLECTOR 98.90 98.90 ASSEMBLY 1 401-1228-PREHI TOMAR HIGH PRIORITY OPTICOM COMPATIBLE STROBE 358.80 358.80 EMITTER POWER SUPPLY WITH STD AMP CONNECTOR, EPDXY SEALED UNIT 401-1228-PREHI 1 WX2230 WHELEN WECAN X 2230 LIGHTBAR - 30' LONG, 6 676.28 676.28 LIGHTHEADS INCLUDED IN PRICE, ANGLED END CAPS ***FORWARD FACING ON PUSHBUMPER, WHITE OVERIDE WITH TAKEDOWNS & FULL SCENE 1 VTX9D WHELEN VERTEX SUPER -LED DUO RED/WHT 87.00 87.00 ***FOR PREDRILLED HOLES IN HEADLAMPS, STEADY BURN WHITE WITH ALLEYS & FULL SCENE All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Page 3 45 2755 Geneva Avenue North E AT I Oakdale, MN 55128 651-765-2657 orders@eatimn.com EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. Name / Address SHAKOPEE POLICE DEPARTMENT ATTN: NICK BENGSTON 485 GORMAN STREET SHAKOPEE, MN 55379 USA Quote Date Quote # 8/15/2025 MP081525-12 Ship To EATI JORDAN ATTN: SHAKOPEE PD 303 W 190TH STREET JORDAN, MN 55352 P.O. No. Account # Terms Rep Quote Valid Until FOB NEW UNIT Net 30 MCP 9/30/2025 ORIGIN Qty Item Description Price Total 1 VTX9E WHELEN VERTEX SUPER -LED DUO BLU/WHT 87.00 87.00 ***FOR PREDRILLED HOLES IN HEADLAMPS, STEADY BURN WHITE WITH ALLEYS & FULL SCENE 2 VTXADAPT WHELEN VERTEX TWIST -IN ADAPTER KIT FOR 2020+ 9.28 18.56 FORD INTERCEPTOR UTILITY WITHOUT FRONT LIGHTING SOLUTION MPOWERS IN HEADLIGHTS - VERTEX SOLD SEPARATELY ***FOR MOUNTING VERTEX IN PREDRILLED HOLES IN HEADLAMPS 1 IONSMB WHELEN ION 6 SUPER LED SURFACE MOUNT 103.24 103.24 LIGHTHEAD - BLUE 1 IONSMR WHELEN ION 6 SUPER LED SURFACE MOUNT 103.24 103.24 LIGHTHEAD - RED 1 ECVDMLTAL00 SOUND OFF DOME LIGHT - UNIVERSAL MOUNT OPTIONS 69.12 69.12 ALL LED RED / WHITE 1 47769 AMBER LOW-COST LED PRISONER COMPARTMENT 12.25 12.25 LIGHT 1 IONB WHELEN ION 6 SUPER LED LIGHTHEAD WITH BRACKET 103.24 103.24 - BLUE 1 IONR WHELEN ION 6 SUPER LED LIGHTHEAD WITH BRACKET 103.24 103.24 - RED 1 ETTFFUT-16 SOUNDOFF SOLID STATE PLUG-IN TAIL LIGHT FLASHER 93.60 93.60 FOR 2016+ FORD INTERCEPTOR UTILITY 1 C399 WHELEN CENCOM CORE AMPLIFIER CONTROL MODULE 818.38 818.38 - SPECIFY CONTROL HEAD AND CANPORT INSTALL KITS SEPARATELY All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Page 4 46 EAT EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 2755 Geneva Avenue North Oakdale, MN 55128 651-765-2657 orders@eatimn.com Name / Address SHAKOPEE POLICE DEPARTMENT ATTN: NICK BENGSTON 485 GORMAN STREET SHAKOPEE, MN 55379 USA Quote Date Quote # 8/15/2025 MP081525-12 Ship To EATI JORDAN ATTN: SHAKOPEE PD 303 W 190TH STREET JORDAN, MN 55352 P.O. No. Account # Terms Rep Quote Valid Until FOB NEW UNIT Net 30 MCP 9/30/2025 ORIGIN Qty Item Description Price Total 1 CCTL7 WHELEN CENCOM CORE CONTROL HEAD - 21 274.34 274.34 PUSHBUTTONS, 4 POSITION SLIDE SWITCH AND MICROPHONE WITH EXTENSION CABLE 1 C399SP WHELEN SCANPORT INSTALLATION KIT FOR C399, SEE 109.62 109.62 WHELEN'S VEHICLE OUTFITTER FOR AVAILABLE COMPATIBILITY 1 CV2V WHELEN VEHICLE 2 VEHICLE SYNC MODULE 215.18 215.18 1 SA315 WHELEN 100 WATT COMPOSITE HOUSING SIREN 238.96 238.96 SPEAKER -BRACKETS SOLD SEPARATELY 1 SAKI WHELEN SAKI SA -315 SIREN SPEAKER BRACKET - 30.74 30.74 UNIVERSAL 90 DEGREE L BRACKET FOR PUSHBUMPER APPLICATIONS 1 500-0008 HINT ON -DASH COMPUTING DEVICE MOUNT FOR 2020 FORD POLICE INTERCEPTOR UTILITY - FOR MOUNTING A GETAC A140 TO HAVIS DOCK 737.39 737.39 1 800-0001 HINT CONSOLE FOR 2020+ FORD POLICE INTERCEPTOR 491.94 491.94 UTILITY W/ E -BRAKE ACCESS - SPECIFY FACEPLATES SEPERATELY 1 800-0052 WESTIN CONSOLE FACEPLATE FOR VARIOUS WHELEN 47.00 47.00 CONTROL SYSTEMS INCLUDING CCSRN3, CANCTL1, CANCTL2, CANCTL3, & CANCTL6, CCTL6, & CCTL7 1 800-0063 WESTIN CONSOLE FACEPLATE FOR MOTOROLA O2 47.00 47.00 REMOTE RADIO CONTROL HEAD , 2.5" OPENING 1 800-0050 HINT INTERNAL CUP HOLDERS FOR HINT CONSOLES 42.64 42.64 1 800-0056 HINT CONSOLE FACEPLATE WITH TWO 12V OUTLETS 125.85 125.85 AND ONE DUAL USB CHARGER All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Page 5 47 2755 Geneva Avenue North E AT I Oakdale, MN 55128 651-765-2657 orders@eatimn.com EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. Name / Address SHAKOPEE POLICE DEPARTMENT ATTN: NICK BENGSTON 485 GORMAN STREET SHAKOPEE, MN 55379 USA Quote Date Quote # 8/15/2025 MP081525-12 Ship To EATI JORDAN ATTN: SHAKOPEE PD 303 W 190TH STREET JORDAN, MN 55352 P.O. No. Account # Terms Rep Quote Valid Until FOB NEW UNIT Net 30 MCP 9/30/2025 ORIGIN Qty Item Description Price Total 1 7160-0430 GAMBER JOHNSON ARMREST/POCKETJET PRINTER 333.60 333.60 HOLDER - SIDE MOUNT STYLE FOR MCS CONSOLE - FLIP UP 1 7155-A00 OPS REAR STORAGE SYSTEM - FOR 2020+ FORD PIU - 20"H x 26"W x 35"D W/ RADIO DRAWER CONFIGURATION C/W - 6.25"H TOP RADIO DRAWER C/W 545 KEY LOCK - 200LB DRAWER SLIDES - 28" EXTENSION (DETACHABLE), PERFORATED FRONT, BOTTOM, AND BACK PANELS, CUT-OUT AT THE BACK - 10.75"H BOTTOM DRAWER C/W 501 KEY LOCK W/ 200LB DRAWER SLIDES - 28" EXTENSION (DETACHABLE), lx FIXED SIDE -TO -SIDE DIVIDER PLACED 12" FROM FRONT - FULL WIDTH CUTOUT IN THE BACK PANEL - NO CARGO LIP ON TOP - POWDERCOAT BLACK ON TOP SURFACE AND DRAWER FACES - ALUMINUM CONSTRUCTION - INCLUDES VEHICLE MOUNT ***POSSIBLE DRAWER FLOP AT TIME OF ORDER - OPS STATED THEY CAN DO IT, PRICE SHOULD REMAIN THE SAME FOR THAT CHANGE BARRING ANY PRICE INCREASES BETWEEN NOW AND TIME OF ORDER. 3,899.00 3,899.00 1 ETRAB8063 ETRAB8063 ANTENNEX PHANTOM ELITE ANTENNA (FIN STYLE) 800-866 MHZ BLACK (MDC) 46.18 46.18 1 NMO58AU-NC NMO ANTENNA BASE WITH 17 FT CABLE WITHOUT 17.145 17.15 CONNECTOR (REPLACES BM -NC) NMO58AU-NC 1 CATS 25 FOOT GENERIC 25 FOOT CATS CONNECTION CABLE - 14.95 14.95 STRAIGHT THROUGH - JACKET COLOR MAY VARY All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Page 6 48 2755 Geneva Avenue North E AT I Oakdale, MN 55128 651-765-2657 orders@eatimn.com EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. Name / Address SHAKOPEE POLICE DEPARTMENT ATTN: NICK BENGSTON 485 GORMAN STREET SHAKOPEE, MN 55379 USA Quote Date Quote # 8/15/2025 MP081525-12 Ship To EATI JORDAN ATTN: SHAKOPEE PD 303 W 190TH STREET JORDAN, MN 55352 P.O. No. Account # Terms Rep Quote Valid Until FOB NEW UNIT Net 30 MCP 9/30/2025 ORIGIN Qty Item Description Price Total 2 MAGNETIC MIC CLIP MAGNETIC MIC CLIP 39.95 79.90 1 MK -2 LUND - MIC HOLDER FOR LUND CONSOLE. 15.26 15.26 1 LABOR MSP CONTRACT MSP CONTRACT LABOR RATE 2,425.00 2,425.00 1 LABOR -JORDAN LABOR CHARGE FOR SERVICES PERFORMED OUTSIDE 1,825.00 1,825.00 OF STATE CONTRACT SCOPE OF WORK 1 EX-MISC SUPPLY STANDARD SHOP SUPPLIES FEE FOR GENERAL 200.00 200.00 1 POWER DISTRIBUTION INSTALLATION AND WIRING MATERIALS 1 46985 CIRCUIT BREAKER - 100AMP - MANUAL RESET - 32.67 32.67 MANUAL TRIP 1 46096 POWER DISTRIBUTION MODULE - 2 FUSED OUTPUTS - 20.17 20.17 J -CASE FUSE HOLDER WITH STUD INPUTS AND OUTPUTS 1 46095 POWER DISTRIBUTION - 2 J -CASE FUSE HOLDER - 1 40.66 40.66 SWITCHED OUTPUT - 1 CONSTANT OUTPUT - WITH STUD INPUT/OUTPUTS - INCLUDES 2 FUSES AND INPUT PLUG KIT 2 5046 BLUE SEA ST BLADE COMPACT FUSE BLOCK - NO 34.54 69.08 GROUND DISTRO - 8 CIRCUTS - 100A MAX PER BLOCK, 30A MAX PER CIRCUIT - WITH COVER 1 5045 BLUE SEA ST BLADE COMPACT FUSE BLOCK - NO 24.34 24.34 GROUND DISTRO - 4 CIRCUITS - 100A MAX PER BLOCK, 30A MAX PER CIRCUIT - WITH COVER 1 2300 BLUE SEA 10 GANG BUS BAR WITH COVER 16.08 16.08 1 7870 BLUE SEA BLACK LABEL SET - EMERGENCY VEHICLES. 34.97 34.97 24 E - HARNESS EATI CUSTOM WIRING HARNESS 6.50 156.00 POWER DISTRIBUTION - WIRE HARNESS, BREAKER, FUSE BLOCKS, BUSBAR.. 393.97 All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If you would like to turn this quote into an order, please notify your sales rep ASAP. Page 7 49 2755 Geneva Avenue North E AT I Oakdale, MN 55128 651-765-2657 orders@eatimn.com EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. Name / Address SHAKOPEE POLICE DEPARTMENT ATTN: NICK BENGSTON 485 GORMAN STREET SHAKOPEE, MN 55379 USA Quote Date Quote # 8/15/2025 MP081525-12 Ship To EATI JORDAN ATTN: SHAKOPEE PD 303 W 190TH STREET JORDAN, MN 55352 P.O. No. Account # Terms Rep Quote Valid Until FOB NEW UNIT Net 30 MCP 9/30/2025 ORIGIN Qty Item Description Price Total 1 SHIPPING AND HANDLING SHIPPING AND HANDLING CHARGES FOR ABOVE TO BE ADDED AT TIME OF SHIPPING, FOB ORIGIN 0.00 0.00 All EATI production sales orders will have parts and labor invoiced seperately. You will receive an invoice for your parts once they are received and ready for the build. If Total $20,585.98 you would like to turn this quote into an order, please notify your sales rep ASAP. Page 8 50 2026 thru 2030 Project Details hakopee, MN Project # Project Name Equip -26-311 Police: Marked Patrols Total Project Cost $1,703,800 Department Equipment Internal Serv. Fund Category Police Status Active Accounting Code 7800.1740 100031 2026 Replace Vehicle SK1399 SK1400 SK1401 SK1402 2028 Replace Vehicle 5K1447 5K1448 SK1449 5K1450 5K1451 2030 Replace Vehicle 4- 2026 SQUADS Description Contact Type Priority Useful Life Fund 2027 Replace Vehicle (/ii ,,,im.2026: Replace four Ford Explorer marked patrols SK1399, SK1400, 5K1401 SK14q910 ' "''„ _027: Replace four Ford Explorer marked patrols and purchase new set a quipmert K1417 5K1418, SK1420, 5K1497 2028: Replace five Ford Explorer marked patrols and purc11 up qt ;/ment 5K1447, 5K1448, 5K1449, SK1450, SK1451 2029: Replace four Ford Explorer marked patrols anrchase new se = equip Ont SK1479, SK1480,SK1481,SK1482 2030: Replace four Ford Explorer marked patrols from.2� Public Works Director Equipment 2 - Smart to do 4 years Capital Equipment Internal Service Fund SK1417 5K1418 SK1497 SK1420 SK1479 SK1480 SK1481 SK1482 Justification Replacement schedule: 4years Council approved a four-year replacement schedule for marked patrol vehicles use to lower maintenance costs and higher resale allowances, as well as officer safety factors, Expenditures 2026 2027 2028 2029 2030 Total E „, Nehicles/Furnishin s,,. ,.—,,,,. a„„aW,,,,,,, „µ,,,, ,.wMm,, ,,,,„ ,,,,„ .,,N,,,,u,U,,,H.,m ,,,,, ,,,,, ,,,,,,,,240 000..,,„ �,�,,,,..,,,r324 000 u„ ,,, .,,,,,,W425 ,000, ,,,,,, ,...„, , u35 000,,,,,„w„,,, U,,.,,3,6800,,1703 800 q P g 2, 2, Total 240,000 324,000 425,000 352,000 362,800 1,703,800 Funding Sources 2026 2027 2028 2029 2030 Total Equipment Internal Service Fund 240,000 324,000 425,000 352,000 362,800 1,703,800 Tota 240,000 324,000 425,000 352,000 362,800 1,703,800 Produced Using Plan -It CIP Software 91 51 Shakopee City Council OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: Declare Forfeited Vehicles as Surplus Property Josh Davis, Sergeant Action to be considered: Declare two forfeited vehicles as surplus property and authorize disposal. Motion Type: Unanimous 5.g Background: The vehicles were obtained through forfeiture proceedings and are described as follows: 1. 2007 Mercedes GLC, VIN: 4JGBF71 E27A120778 2. 2000 Toyota Camry, VIN: 4T1 BG22K8YU751359 The vehicles suitable for resale will be sold at auction and the proceeds, if any, will be distributed according to Minnesota State Statute. The vehicles unsuitable for resale will be junked. Recommendation: Approve action as requested Budget Impact: None. Attachments: 52 Shakopee City Council 5.h OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: Approve the master fiber agreement between the City of Shakopee and Scott County Andy Hutson, I.T. Director Chelsea Petersen, Assistant City Administrator Action to be considered: Approve the master fiber agreement between the City of Shakopee and Scott County. Motion Type: Simple Majority Background: The City of Shakopee and Scott County have shared interests in the expansion and use of fiber optic infrastructure to improve connectivity for government operations, public safety, and community services. Shared fiber resources significantly reduce costs for both entities and allows for quick addition of future city resources as needed. The County currently operates and maintains larger portions of fiber optic infrastructure the city leverages to interconnect city facilities and the State of Minnesota fiber. Entering into a formal agreement ensures clear terms for ownership, responsibilities, costs, and expedites additions of future connection opportunities. The current use of the stated fiber connections include the city's backup fiber connection to the State of Minnesota and a city maintained lift station as attached. Recommendation: Approve the master fiber agreement between the City of Shakopee and Scott County. Budget Impact: Approval of this agreement includes recurring payments of $500 per month ($6,000 annually) and $100 per month ($1,200 annually) for the two current connections. While the city has already been utilizing these lines, the agreement negotiation has gone back and forth for quite some time. Because of this there are two non -recurring charges 53 ($13,000 and $2,300, respectively) included in this agreement that are the catch-up billing charges from the original point of use of the fiber lines. The agreement states it may include a yearly 4%, or cumulative increase in the US Consumer Price Index, adjustment to the monthly fee. The fiber optic pricing is calculated using the published 2025 Scott County Fee Schedule. This expense will be funded through the existing Information Technology operating budget. Attachments: Attachment No. 1 to Shakopee Fiber Master Terms and Conditions.docx Attachment No. 2 to Shakopee Fiber Master Terms and Conditions.docx Fiber Master for Use and Providing Fiber -Shakopee 5.28.2025.docx 54 ATTACHMENT NO. 1 INFRASTRUCTURE USE City of Shakopee and County hereby enter into an infrastructure use agreement attachment ("Attachment) subject to and governed by the terms and conditions of the City of Shakopee (City) & Scott County Fiber Master Terms and Conditions. 1. FEES a. Rates/Consideration: For City's use, rates and consideration shall be due to County as follows: Location Non Recurring Charge (NRC) Monthly Recurring Charge (MRC) Other Bluff Ave to West Middle School $2300 $100 Minimum monthly charge for fiber use b. Payment: 1) NRC fees are one-time fees that shall be paid upon the effective date of this Attachment. 2) MRC fees shall be paid by the first day of each month after the use has occurred. MRC fees can be invoiced and paid annually on anniversary date of the first day of the first month after the use has occurred. 3) Unless otherwise stated elsewhere in the Agreement, the Monthly Recurring Charge may be adjusted annually effective December 31st of each year by the greater of (i) four percent (4%) or (ii) the cumulative increase in the U.S. Consumer Price Index, All Urban Consumers (CPI -U), U.S. City Average, published by United States Department of Labor, Bureau of Labor Statistics ("CPI Adjustment") for the preceding 12 -month period. 2. EFFECTIVE DATE This Attachment shall be effective upon signature of all parties. 3. TERM The initial term of this Attachment shall be for a period of one (1) year, and it shall automatically renew thereafter for successive one (1) year periods unless or until terminated pursuant to the Master Terms and Conditions. 1 55 4. SCOPE OF USE County will allow infrastructure use of fiber strands as follows: Location Description #1 Bluff Avenue East Point -to -Point connection on fiber strands (151,152) from the Arvig Hut located at 1249 Bluff Avenue East, Shakopee to the handhole in the northeast quadrant of Highway 101 and 1st Avenue and then south to the Government Data Center located at 200 Fourth Avenue West, Shakopee on fiber strands (7,8) and south to the West Middle School Data Center located at 200 Tenth Avenue East, Shakopee on fiber strands (15,16), as depicted in Exhibit #1. 5. FIBER LOCATIONS City use of County fiber and assets as set out above shall be as depicted in Exhibit #1 which is attached and hereby incorporated. IN WITNESS WHEREOF, the parties have caused this Attachment to be duly executed intending to be bound thereby. SCOTT COUNTY CITY OF SHAKOPEE by by Lezlie Vermillion Bill Reynolds County Administrator City Administrator Date Date 2 56 Exhibit #1 Bluff Ave East ,7; PPalaarrsn, Element741* Schoo Conduit Route Existing Arvig Handhole- 44°48'7.06"N 93°30'33.16"W Existing Arvig Handhold^ - 44"47'5ft.77"N 93"31'30.78"W 200 4th Avenue West, Shakopee West Middle School - 44°47'14.71"N 93°31'21.75"W Scott County Fiber Optic Collaboration Agreement WISRAWSMI 3 57 ATTACHMENT NO. 2 INFRASTRUCTURE USE City of Shakopee and County hereby enter into an infrastructure use agreement attachment ("Attachment) subject to and governed by the terms and conditions of the City of Shakopee (City) & Scott County Fiber Master Terms and Conditions. 1. FEES a. Rates/Consideration: For City's use, rates and consideration shall be due to County as follows: Location Non Recurring Charge (NRC) Monthly Recurring Charge (MRC) Other Shakopee Fire Station #2 to Savage Tower $13,000 $500 NRC includes back dated use to June 1st, 2023 b. Payment: 1) NRC fees are one-time fees that shall be paid upon the effective date of this Attachment. 2) MRC fees shall be paid by the first day of each month after the use has occurred. MRC fees can be invoiced and paid annually on anniversary date of the first day of the first month after the use has occurred. 3) Unless otherwise stated elsewhere in the Agreement, the Monthly Recurring Charge (MRC) may be adjusted annually effective December 31st of each year for following calendar year by the greater of (i) four percent (4%) or (ii) the cumulative increase in the U.S. Consumer Price Index, All Urban Consumers (CPI -U), U.S. City Average, published by United States Department of Labor, Bureau of Labor Statistics ("CPI Adjustment") for the preceding 12 -month period. 2. EFFECTIVE DATE This Attachment shall be effective upon signature of all parties. 3. TERM The initial term of this Attachment shall be for a period of one (1) year, and it shall automatically renew thereafter for successive one (1) year periods unless or until terminated pursuant to the Master Terms and Conditions. 4. SCOPE OF USE County will allow infrastructure use of fiber strands as follows: 1 58 Location Description #1 Shakopee Fire Station #2 to Savage Tower Point-to-point connection on one (1) pair of fiber (strands 39,40) from the handhole located in the northwest quadrant of Vierling Drive West and Fuller Street South in Shakopee to the Savage Tower located at 9100 138th Street West, Savage, MN 55378. 5. FIBER LOCATIONS City use of County fiber and assets as set out above shall be as depicted in Exhibit #1 which is attached and hereby incorporated. IN WITNESS WHEREOF, the parties have caused this Attachment to be duly executed intending to be bound thereby. SCOTT COUNTY CITY OF SHAKOPEE by by Lezlie Vermillion Bill Reynolds County Administrator City Administrator Date Date 2 59 Exhibit #1- Shakopee Fire Station #2 to Savage Tower ft '�,NhdNu � �IyNlii � � I��uuo m V u IP�WNi�� lydiid i 1 Existing County Handhole A - 44.780391, -93.530726 Savage Tower Hut B - 44.753971, -93,392422 Scott County Fiber Optic Collaboration Agreement 3 60 CITY OF SHAKOPEE & SCOTT COUNTY FIBER MASTER TERMS AND CONDITIONS THIS AGREEMENT, by and between County of Scott, Minnesota, a municipal corporation hereinafter referred to as "County," and City of Shakopee, a municipal corporation, with offices at 485 Gorman Street, Shakopee, MN 55379, United States, hereinafter referred to as "City of Shakopee," each a "Party" and collectively referred to herein as "the Parties." RECITALS: A. County owns and maintains a high -capacity fiber optic network linking the County with other government entities and allows use of its fiber assets which include, but are not limited to, fiber strands, conduits, handholes, space and power, by private entities for the benefit of its citizens. B. City of Shakopee owns and maintains a high capacity fiber optic network and allows use of its fiber assets which include, but are not limited to, fiber strands, conduits, handholes, space and power, pursuant to agreements with various parties. C. The Parties wish to enter into an agreement with one another for the use of one another's fiber assets and may wish to enter into future agreements with one another for the use of additional fiber assets. D. County and City of Shakopee agree that the most efficient manner to handle the potential for multiple uses of their respective fiber assets is through a master terms and conditions agreement that governs the fiber assets with later agreed -to schedules, attachments, and other written agreements entered into from time to time by County and City of Shakopee for the provision of specific uses. NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this Agreement, City of Shakopee and County hereby agree as follows: 1. Incorporation of Recitals The recitals above are incorporated as if they were set out specifically herein. 2. Services a. Scope of Services. Under the terms of this Master Terms and Conditions Agreement (hereinafter "Agreement"), each Party may allow the other use of its fiber assets and the Parties may provide services, which may include, but shall not be limited to: 1 61 1) Construction Services — Construction of fiber related infrastructure to expand or support the County fiber network. 2) Infrastructure Use (Fiber Strand, Conduit, Handholes) — Use of the other Party's infrastructure which may include: a) Fiber Use - Use of a single or multiple fiber optic strands for capacity/transmission use. b) Conduit Use - Use of conduit, either in support of a fiber use or on its own. c) Supporting Infrastructure - Use of handholes and/or other similar fiber optic infrastructure necessary and helpful for fiber or conduit use. 3) Facility Use — Use of the other Party's facilities, including buildings, roofs, and structures to locate its own physical broadband and/or fiber optic network equipment. 4) Space/Power Use — Use of physical space and utilities within the other Party's property and facilities by a Party to support that Party's physical broadband and/or fiber optic network equipment, including HVAC systems, head end and regeneration equipment. 5) Transport Services — Services to support a Party's transmissions on its fiber network. 6) Maintenance Services — Services to support continued successful operation of the County's fiber network and that part of City of Shakopee's network implicated by the Parties' Agreement(s) both through preventative means and by repairs. 7) Management Services — Services that support the day-to-day operation and oversight to part or all of the County's fiber network and that part of City of Shakopee's network implicated by the Parties' Agreement(s). 8) Additional Services Unanticipated services requested by either Party on an "as needed" basis that the Parties determine are in their best interests. b. Attachments for Services: 1) Specific requirements for services will be agreed to by the Parties and reduced to writing in an agreement which will be added as an attachment ("Attachment") to this Agreement and will be subject to all terms and conditions of this Agreement. 2) County agrees to be responsible for furnishing a complete Attachment for each service agreed upon. The Attachment will include: a) A general title/label of the uses contemplated by the Attachment; b) Fee rate and payment terms for each specific described use (which may include in -kind services); c) The term for the Attachment; d) The specific scope of use or services to be provided and responsibilities of the Parties; e) A map or diagram depicting placement of the relevant service within the County or City of Shakopee's network (City of Shakopee to supply maps as appropriate); and f) Conditions specific to the uses or services not covered by this Master Terms and Conditions Agreement 2 62 3) All Attachments shall be signed by the authorized agents set out in Section 6 for County and City of Shakopee. Each Attachment shall be a part of and governed by the terms and conditions of this Agreement. If there is an explicit conflict between this Agreement and any Attachment, the terms of the Attachment shall control. 3. Compensation and Terms of Payment a. Compensation 1) Parties shall be compensated either at a negotiated flat rate for the specific use assigned, at County's current service rate or other negotiated rate (i.e. charge per fiber mile), or through in -kind services, as indicated in the appropriate Attachment for each use. 2) If onsite service is required, Parties may pay travel and living expense of other Parties' employees or agents only as agreed upon in advance of the travel occurring. Agreed upon travel shall be billed and paid as the expenses are incurred. 3) Neither Party guarantees any minimum amount of use or compensation under this Agreement. Services are as needed, and all determinations of need shall be at the sole discretion of the Party requesting the service. b. Terms of Payment 1) Unless otherwise set out in an Attachment, use payments shall be made to County on a monthly basis with no further action required by County. 2) Where services are to be invoiced by County, County shall submit invoices on a monthly, or other agreed upon recurring basis, to the authorized agent of City of Shakopee. Payments shall be made within thirty (30) days after receipt of invoices for services. 3) Where services are to be invoiced by City of Shakopee, City of Shakopee shall submit invoices on a monthly, or other agreed upon recurring basis, to the authorized agent of County. The authorized agent of the County shall have the authority to review the invoices, and no payment shall be made without the approval of the authorized agent. Payments shall be made within thirty (30) days after receipt of invoices for services performed and acceptance of such services by the authorized agent of the County. 4. Condition of Services and Uses a. All services and uses by a Party pursuant to this Agreement shall be in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. All services performed by a Party must be performed to the satisfaction of the other Party. A Party may refuse continued use or payment for services that are found to be unsatisfactory, or performed in violation of federal, state or local laws, ordinances, rules or regulations. b. All services and uses of County assets must comply with the Scott County Fiber Network User Use and Maintenance Requirements which are attached and incorporated as Exhibit A. 3 63 c. All services and uses must comply with industry accepted best practices and standards. d. All uses and rights granted herein shall be non-exclusive. City of Shakopee understands and agrees that County may allow other users of its assets and will use its best efforts to ensure that other users do not interfere with City of Shakopee's use. City of Shakopee specifically agrees that County shall not be responsible for any other user's interference beyond using its best efforts to remedy the interference. County shall not be liable to City of Shakopee for any loss, claim or damage caused or claimed to be caused by another user's negligence or use of the facilities. e. City of Shakopee shall not use, nor shall City of Shakopee permit its employees, invitees or agents to use County's assets in any way which interferes with the operations of County or other users, licensees, sublessees or permittees of County. Any such interference shall be deemed a material breach of this Agreement, and City of Shakopee shall have the responsibility to terminate said interference upon notice thereof. County shall retain the right to interrupt any interfering use by City of Shakopee. In the event of such interruption, the Parties shall undertake their best efforts to restore City of Shakopee's use in a manner which does not interfere with the operations of other users. f. It shall be the sole responsibility of City of Shakopee to apply for and obtain all governmental approvals necessary for City of Shakopee's intended uses. Upon request, City of Shakopee shall provide County copies of any authorizations or permits, including Federal Communications Licenses, prior to installation of any equipment. g. Failure to comply with any of the conditions set out above may be considered a breach of this Agreement, an individual Attachment, or both and may be cause for termination as set herein. 5. Effective Date of Contract This Agreement shall be 6. Term of Contract ffective upon signature of all parties. This Agreement shall commence immediately upon the Effective Date and shall have an initial term of five (5) years. The term shall automatically renew each year thereafter for additional twelve (12) month periods unless a Party notifies the other Party at least one hundred twenty (120) days prior to the end of a term that it is terminating the Agreement, or the Agreement is terminated as otherwise set forth herein. 7. Authorized Agents The Parties shall appoint an authorized agent for the purpose of administration of this Agreement. City of Shakopee is notified of the authorized agent of Scott County is as follows: 4 64 Authorized Agents for Master Terms and Conditions Agreement County Board Chairperson Dave Beer or his successor Scott County 200 Fourth Avenue West Shakopee, MN 55379 952.496.8744 dbeer@co.scott.mn.us Authorized Agent for Attachments, Amendments, Enhancements County Administrator Lezlie Vermillion or her successor Scott County 200 Fourth Avenue West Shakopee, MN 55379 952.496.8062 (vermillion@co.scott.mn.us County is notified the authorized agent for City of Shakopee is as follows: City Administrator Bill Reynolds, or his/her successor 485 Gorman St, Shakopee, MN 55379 952.233.9311 BReynolds@shakopeemn.gov 8. County and State Audit Pursuant to Minn. Stat. Section 16C.05, Subd. 5, the books, records, documents, and accounting procedures and practices of City of Shakopee relative to this Agreement shall be subject to examination by County, State Auditor, Legislative Body, or authorized representatives of these entities. Complete and accurate records of the work performed pursuant to this Agreement shall be kept by City of Shakopee for a minimum of six (6) years following termination of this Agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving County regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of County notifies City of Shakopee in writing that the records need no longer be kept. 5 65 9. Liability and Warranties a. Each Party to this Agreement shall be liable for the acts of its own agents, volunteers or employees and the results thereof to the extent authorized by law and shall not be responsible for the acts of any other Party, its agents, volunteers or employees. b. County gives no warranties whatsoever with respect to County infrastructure, facilities or sites related to the City of Shakopee's intended use. In particular, County provides no warranty, expressed or implied, as to the fitness or suitability of the facilities for the purpose of transmission of electronic communications signals or data by City of Shakopee. c. Neither Party shall be responsible or liable for any direct or indirect, incidental, special punitive, or consequential damages or claims related to or arising from this Agreement, any breach or partial breach of this Agreement, any act or omission of its directors, officers, employees or agents, or resulting from any interruption or termination of services, including without limitation, any claims for harm to business, loss of revenue, loss of savings, or loss of profits to the other Party. d. In no event shall any Party be liable to any third party for any indirect, incidental, special or consequential damages whether or not a party had or should have had any knowledge, actual or constructive, that such damages might be incurred. e. It is understood that any liability and damages arising from either Party's acts and omissions, including those not otherwise addressed herein, are governed and limited by the provisions of Minn. Stat. Ch. 466 and other applicable laws. This Agreement shall not be construed and does not constitute a waiver by the Parties of any exclusions or limitations to its liability thereunder 10. Indemnity Each party shall defend, indemnify and hold the other harmless from and against any and all claims, liabilities, damages and expenses, incurred to the extent caused, resulting from or arising out of the negligence or willful misconduct of the indemnifying party, its employees, contractors or agents in the uses and performance required under this Agreement or an Attachment. City of Shakopee will defend, indemnify and hold harmless County from and against all claims, liabilities, damages and costs, including attorney fees and other legal expenses, relating to any actual or alleged infringement by any services of any patent, copyright, trade secret or other intellectual property right or proprietary right of anyone; provided such defense and payments are conditioned on the following: (1) that City of Shakopee shall be promptly notified in writing by County following its receipt of any such claim; and (2) that City of Shakopee shall have sole control of the defense of any action on such claim and all negotiations for its settlement or compromise. 11. Insurance 6 66 City of Shakopee shall not commence work or use under this Agreement until it has obtained, at its own cost and expense, all insurance required herein. All insurance coverage is subject to approval of County and shall be maintained by City of Shakopee until final completion of the work or use is ceased. a. Workers' Compensation 1) State: Minnesota — Statutory 2) Employer's Liability with minimum limits of: Bodily Injury by Accident: $100,000 each Accident Bodily Injury by Disease: $100,000 each Employee Bodily Injury by Disease: $500,000 policy limit 3) Benefits required by union labor contracts: as applicable In the event City of Shakopee is a sole proprietor and has not elected to provide workers' compensation insurance, City of Shakopee shall be required to execute and submit an affidavit of sole proprietorship in a form satisfactory to County before entering into the agreement. b. Commercial General Liability Including Premises, Operations, Products, Completed Operations, Advertising, and Personal Injury Liability, with the following minimum limits of liability: $2,000,000 Aggregate $2,000,000 Products & Completed Operations Aggregate $1,000,000 Personal Injury & Advertising Injury $1,000,000 Occurrence $ 100,000 Fire Damage Limit $ 5,000 Medical Expense Policy should be written on an occurrence basis and include explosion, collapse and underground. c. Commercial Auto Liability Automobile Liability should include Hired and Non -Owned, and County should be named as an additional insured. Minimum limits of liability shall be: If split limits: $1,000,000 each person/$1,000,000 each occurrence $1,000,000 each occurrence for Property Damage If combined single limit: $1,000,000 per occurrence d. Proof of Insurance 7 67 Insurance certificates evidencing that the above insurance is in force with companies acceptable to County and in the amounts required shall be submitted to County for examination and approval prior to the execution of the agreement, after which they shall be filed with County. The insurance policy shall name County as an additional insured and specifically provide that a policy shall not be materially changed, canceled or non -renewed except upon sixty (60) days prior written notice to County. Neither County's failure to require or insist upon certificates, nor other evidence of a variance from the specified coverage requirements, amends City of Shakopee's responsibility to comply with the insurance specifications. 12. Ownership Ownership of the underlying fiber assets being used in this Agreement shall at all times remain with the originally owning Party. A Party's right to use the fiber assets shall in no way transfer any rights in or to the fiber beyond that use. 13. Taxes City of Shakopee shall be responsible for any and all sales, use, income, gross receipts, personal property, real property or other tax assessed on the basis of City of Shakopee's services or uses hereunder. 14. Subcontracts City of Shakopee shall not subcontract or sublease any allowed uses and/or portion of the work or use to be performed under this Agreement nor assign rights or responsibilities under this Agreement without the prior written approval of the authorized agent of County. City of Shakopee shall ensure and require that any approved subcontractor agrees to and complies with all of the terms of this Agreement. Any subcontractor of City of Shakopee used to perform any portion of this Agreement shall report to and bill City of Shakopee directly. City of Shakopee shall be solely responsible for the breach, performance or nonperformance of any subcontractor. 15. Force Maleure County and City of Shakopee agree that neither party shall not be liable for any delay or inability to perform this Agreement, directly or indirectly caused by, or resulting from, strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack of material, delays of transportation, acts of God or other cause beyond reasonable control of City of Shakopee and County. 8 68 16. Data Practices The Parties and their agents, employees and any subcontractors, in using assets and providing all services hereunder, agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant to Ch. 13. Each Party agrees to indemnify and hold the other Party, its officers, department heads and employees harmless from any claims resulting from the indemnifying Party's unlawful disclosure, failure to disclose or use of data protected under state and federal laws. 17. Access to Premises County shall arrange access as necessary to work sites for City of Shakopee for the purpose of performing work or exercising uses described in this Agreement. City of Shakopee's right of access to work sites shall be subject to prior approval of the County upon forty-eight (48) hour notice of City of Shakopee's need thereof. City of Shakopee shall inform County in writing of any intent to access the work site for purposes of conducting any equipment maintenance, testing or modification or replacement. Such right of access shall not be unreasonably withheld but may be subject to reasonable conditions of County related thereto. Emergency access will be granted in accordance with the process provided by County. 18. Termination a. No Cause 1) Agreement: After the initial term from the Effective Date, this Agreement may be terminated by either party, with or without cause upon one hundred twenty (120) days written notice to the authorized agent of the other party. If the termination is of this Agreement, all Attachments will be terminated as of the same termination date as this Agreement. 2) Attachment: Attachments to this Agreement may be terminated by either party, without cause upon one hundred twenty (120) days written notice to the authorized agent of the other party unless a provision in the Attachment specifically directs otherwise. If the termination is of an Attachment, only that Attachment will be terminated, and this Agreement and all other Attachments will remain effective and in force. b. Cause/Breach 1) Either Party may terminate this Agreement or any single Attachment if the other party defaults in any of its obligations under this Agreement or its Attachments and is provided with ninety (90) calendar days written notice of such default; provided, there shall be no default and no termination if the breach is cured within the notice period or, if the breach cannot reasonably be so cured, diligent efforts to effect such cure are commenced during that 9 69 period and are continued until the cure is completed, which shall be within a period determined acceptable, in writing, by the non -breaching party. 2) If Agreement is breached by City of Shakopee, County is authorized to disconnect or deactivate the fiber the day following the ninety (90) day notice period and City of Shakopee shall be charged for any disconnection/deactivation costs. 3) If this Agreement is terminated due to breach, all Attachments will be terminated as of the same termination date as this Agreement; if the breach is of an Attachment, only that Attachment will be terminated, and this Agreement and all other Attachments will remain effective and in force c. Wrap up 1) In the event of the termination of any Attachment or this Agreement, each Party shall be liable to the other far an amount equal to the value of the uses and/or Services up the effective date of termini. 2) If one or more Attachmentots) and at /or this Agreementonis/are terminated, each Party will, within thirty (30) days after such termination, submit final invoices for Services provided through the effective date of such termination, and each will pay the other's invoices within thirty (30) days of receipt. All fiber assets supplied hereunder by County shall be and remain the property of County. All fiber assets supplied hereunder by City of Shakopee shall be and remain the property of City of Shakopee. Upon termination of this Agreement, whatever the reason, such assets shall be promptly returned to their respective owner. 3) Termination pursuant to the provisions hereof shall be without prejudice to any right or recourse available to the Parties, and without prejudice to a Party's right to collect any amounts which remain due to it hereunder. 4) All equipment supplied hereunder by a Party shall be and remain the property of that Party. Upon termination of this Agreement, whatever the reason, such equipment shall be promptly removed by that Party. Any property of a Party remaining on or in facilities of the other more than thirty (30) days after a termination shall be considered abandoned by that Party nd may be used, sold, or disposed of by the other with no further duty or obligation to that Party. 5) Removal of property and equipment from a Party's sites and facilities shall be completed without damage the sites and facilities or other equipment of the Party, other City of Shakopee, tenants or subtenants located in or upon the sites and facilities. In event that a Party has altered the location or application of equipment belonging to the other, other City of Shakopee, tenants or subtenants for the purpose of that Party's use of the infrastructure or facilities, that Party shall return said equipment, infrastructure or facilities to its original location, condition or operational parameters established prior to that Party's modification thereof. If a Party fails to return said equipment to its original location or operational parameters established prior to the Party's modification within forty-eight (48) hours, then that Party shall reimburse the 10 70 other, other tenants or subtenants for costs incurred with restoring said equipment to its original location or operational parameters. 19. Condemnation a. If any portion of the County's fiber network is condemned by an entity empowered to carry out condemnation, City of Shakopee shall have no rights to damages from County or any claim toau portion of County's damages determined or settled to in the preparation for or course of the condemnation action. To the extent City of Shakopee suffers its own damages, it shall be free to pursue such claim against the condemning authority without further support of County. b. If any portion of City of Shakopee's fiber network is condemned by an entity empowered to carry out condemnation, County shall have no rights to damages from City of Shakopee or any claim to a portion of City of Shakopee's damages determined or settled to in the preparation for or course of the condemnation action. To the extent County suffers its own damages, it shall be free to pursue such claim against the condemning authority without further support of City of Shakopee. c. Determinations of relocation and rebuilding in a case of condemnation shall be left solely to the discretion of the owning Party. If that Party determines that the fiber network, facilities or other items covered by this Agreement will not be reestablished after a condemnation action, this Agreement and all Attachments shall be terminated as of the date of possession by the condemning authority as if it had expired with no further duties or obligations between the Parties except, to the extent applicable and possible, the Parties will engage in wrap up activities as set out under this Agreement. 20. Casualty a. In the event of damage by fire, other casualty or force majeure event causes damages to a Party's assets, including the fiber network and facilities, that impairs the other Party's use or services, that Party shall have no rights to damages from the owning Party. b. In the event that the asset is not expected to be restored within sixty (60) days, a Party will have the opportunity to terminate this Agreement or any Attachments related to the destroyed assets upon fifteen (15) days written notice to the owning Party, provided that the owning Party has not undertaken restoration of the asset. c. Determinations of rebuilding in the event of a casualty shall be left solely to the discretion of the owning Party. If the owning Party determines that the fiber network, facilities or other items covered by this Agreement will not be reestablished after such an event, this Agreement and all Attachments shall be terminated upon written notice of such a decision to the other Party. d. Termination of the Agreement or Attachments under this provision shall be effective upon the date set out herein as if it had expired with no further duties or 11 71 obligations between the Parties except, to the extent applicable and possible, the Parties will engage in wrap up activities as set out under this Agreement. 21. Independent Contractor It is agreed that nothing contained in this Agreement is intended or should be construed as creating the relationship of a partnership, joint venture, or association with County and City of Shakopee. City of Shakopee is an independent contractor, and it, its employees, agents, subcontractors, and representatives shall not be considered employees, agents or representatives of County. Except as otherwise provided herein, City of Shakopee shall maintain, in all respects, its present control over the means and personnel by which this Agreement is performed. From any amounts due City of Shakopee, there shall be no deduction for federal income tax, FICA payments, state income tax, or for any other purposes which are associated with an employer/employee relationship unless otherwise required by law. Payment of federal income tax, FICA payments, state income tax, unemployment compensation taxes, and other payroll deductions and taxes are the sole responsibility of City of Shakopee. 22. Waiver No provision of the Agreement may be waived unless in writing, signed by both of the parties hereto. Waiver of default of any provision of the Agreement shall not operate or be construed as a waiver of any subsequent default of such provision, nor shall a waiver of any one provision of the Agreement be deemed to be a waiver of any other provision. 23. Dispute Resolution° For any dispute that arises, the representatives of each party will seek a fair and prompt negotiated resolution within ten (10) days of the initial notice of a dispute. If the dispute has not been resolved after such time, the parties may escalate the issue to more senior levels. If the dispute cannot be settled informally, the parties, upon agreement, may pursue mediation. Any mediation shall take place in Scott County, Minnesota with a mediator mutually agreed upon by the parties. This provision is not intended and shall not limit either party from taking any authorized legal action surrounding the matters herein. 24. Notices Any notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same with the United States Postal Service, addressed to City of Shakopee at its address stated herein, and to the authorized agent of County at the address stated herein. 25. Controlling Law The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement, the legal relations between the parties and performance under the agreement. The appropriate venue and 12 72 jurisdiction for any litigation hereunder will be those courts located within County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. 26. Assignment, Successors and Assigns Neither Party shall assign this Agreement without the prior written consent of the other Party. When duly assigned in accordance with the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the assignee. County and City of Shakopee, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. 27. Third -party beneficiaries The Parties agree that there are no third -party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against any of the Parties based upon this Agreement. 28. Equal Employment and Americans with Disabilities In connection with the work under this Agreement, City of Shakopee agrees to comply with the applicable provisions of state and federal equal employment opportunity and nondiscrimination statutes and regulations. In addition, upon entering into this Agreement, City of Shakopee certifies that it has been made fully aware of Scott County's Equal Employment Opportunity and Americans With Disabilities Act Policies, that it supports these policies and that it will conduct its own employment practices in accordance therewith. Failure on the part of City of Shakopee to conduct its own employment practices in accordance with County Policy may result in the withholding of all or part of regular payments by the County due under this Agreement unless or until City of Shakopee complies with the County policy, and/or suspension or termination of this Agreement. 29. Debarment/Suspension City of Shakopee certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntary excluded from covered transactions by any local, State, or Federal department or agency. City of Shakopee shall notify County immediately, in writing, of any change in debarment status. 30. Changes The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. 13 73 31. Severability In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non -enforceability would cause the agreement to fail its purpose. 32. Schedules The Schedules, Exhibits, Attachments and/or Appendices attached to this Agreement are considered a material part of this Agreement and are incorporated herein by reference as if fully set forth herein. 33. Entire Agreement It is understood and agreed 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 between County and City of Shakopee relating to the subject matter hereof. 34. Counterparts The Agreement may be executed simultaneously in two ormore counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 35. Authorization Each of the parties represents and warrants that the Agreement is a valid and binding obligation enforceable against it and that the representative executing the Agreement is duly authorized and empowered to sign the Agreement. 14 74 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. SCOTT COUNTY CITY OF SHAKOPEE by by Barb Weckman Brekke, Chair Bill Reynolds Scott County Board of Commissioners City Administrator Date Date Attest Lezlie Vermillion Scott County Administrator Date Approved as to form: Jeanne Andersen Assistant ScottCounty Attorney Date 15 75 EXHIBIT A Scott County Fiber Network User Use and Maintenance Requirements 1. Government Approvals It shall be the sole responsibility of City of Shakopee to apply for and obtain all governmental approvals necessary for City of Shakopee's intended use. City of Shakopee shall provide County with a copy of City of Shakopee's Federal Communications License prior to installation of any wireless equipment. 2. Use a. b. c. All uses of County fiber and facilities shall be only for City of Shakopee's lawful use. Where City of Shakopee's use is of County conduit, City of Shakopee agrees that its use is non-exclusive and that County may allow other users, including City of Shakopee's direct competitors, to use the conduit. City of Shakopee specifically agrees that it is not entitled to notice of County's concurrent use of the conduit by County or its other authorized users. Where City of Shakopee's use is of County facilities or space, including but not limited to, floor/rooftop space, rack space, building space, antenna space, cabling space and power use in towers and/or buildings, City of Shakopee agrees that its use is non-exclusive, and that County may allow other users to use those facilities and spaces as well. City of Shakopee specifically agrees that it is not entitled to notice of County's concurrent uses. City of Shakopee further agrees to follow all requirements and procedures established by County in relation to the use of facilities and space. City of Shakopee agrees that County will allow other users of its assets and will make its best efforts to ensure that other users do not interfere with City of Shakopee's use. City of Shakopee specifically agrees that the County shall not be responsible for any other user's interference beyond using its best efforts to remedy the interference. County shall not be liable to City of Shakopee for any loss, claim or damage caused or claimed to be caused by another user's negligence or use of County's assets. City of Shakopee shall not use, nor shall City of Shakopee permit its employees, invitees or agents to use any assets in any way which interferes with the operations of County or other users, licensees, City of Shakopee or permittees of County. County shall deem any such interference a material breach of this Agreement, and City of Shakopee shall have the responsibility to terminate said interference upon notice thereof. County shall retain the right to interrupt any interfering use by City of Shakopee. In the event the said interruption, County and City of Shakopee shall undertake their best efforts to restore City of Shakopee's use in a manner which does not interfere with the operations of County or other users. 76 e. While using the County's network or performing services, City of Shakopee shall not reduce or impair the signal continuity and performance of the system. In addition, City of Shakopee shall cooperate with the County, its contractors, agents, other users, and other City of Shakopee in sharing information and analyzing disturbances regarding the cable and/or fiber and facilities. f. City of Shakopee shall have the right to replace, repair, or modify its equipment, so long as the service or use parameters remain substantially similar, upon notice to County. County, at its sole discretion may require submission of plans, specifications, documentation and/or studies that it deems necessary for determination of whether or not approval will be granted. For any addition of equipment to a facility or site, the expense for preparation and provision of any such plans, specifications, documentations or studies required prior to allowing an addition, including determination that alterations will not impact other users, shall be the sole responsibility of the City of Shakopee. g. County maintains the right at all times to require City of Shakopee to limitor modify its use, at City of Shakopee expense, if County determines that City of Shakopee's use is in conflict with County's goals of providing access equally to all City of Shakopee and users of its fiber network. h. City of Shakopee shall at all times work cooperatively with County, its users, contractors and other County designated interested parties to ensure continued management and operation of the County fiber network. The Parties agree that this cooperation includes the Parties arranging for access as needed to the fiber and facilities to ensure necessary installations, maintenance and support. i. City of Shakopeeshall follow all requirements and procedures established by County in relation to the management of the County's fiber network including but not limited to using the County's designated fiber maintenance vendor for splicing as required, providing documentation and following direction from staff and the County's designated fiber management vendor. Nothing contained in any other document or agreement shall make County responsible for City of Shakopee's equipment. k. City of Shakopee shall pay all fees related to and be responsible for obtaining all required licenses and permits and completing any registrations or filings related to any services and uses contemplated herein. 3. Utilities a. City of Shakopee may request non-exclusive use of any utility easement benefiting a site for the installation, operation and maintenance of wires, cables, conduits and pipes for all necessary electrical, telephone, fiber and other similar support services, provided however that any such use shall be subject to all 77 legal requirements and government controls for such easement including but not limited to the Scott County Management of Public Right -of -Way Ordinance No. 22. b. City of Shakopee may request County provide electrical service and telephone service access within a site. If permitted by the local utility company servicing the premises, City of Shakopee shall furnish and install an electrical meter at the premises for the measurement of electrical power used by City of Shakopee's installation. If a separate meter is not possible, if permitted by the local utility company servicing the premises, City of Shakopee shall furnish and install an electrical sub -meter at the premises for the measurement of electrical power used by City of Shakopee's installation. In the event such sub -meter is installed, the City of Shakopee shall pay the utility directly for its power consumption, if billed by the utility, and if not billed by the utility, then the City of Shakopee shall pay the County thirty (30) gays after receipt of an invoice from County or its agent indicating the usage amount based upon County 's reading of the sub -meter. c. City of Shakopee may be permitted, at County's sole discretion and approval, to install, maintain and/or provide access to and use of, as necessary (during any power interruption at the Premises), a temporary power source, and all related equipment and appurtenances in such locations as reasonably approved by County at City of Shakopee's expense. If approved by County, City of Shakopee would be permitted to install conduits connecting the temporary power source and related appurtenances to the premises at City of Shakopee's expense. County may at its sole discretion, require City of Shakopee to install and/or maintain and/or provide access to and use of, as necessary (during any power interruption at the premises), a temporary power source, and all related equipment and appurtenances within the premises, or elsewhere on the property in such locations as reasonably approved by County at City of Shakopee's expense. 4. Installation/Connection to County Fiber Network a. City of Shakopee shall be responsible for all costs related to its installation, set-up and use of the County's fiber and equipment as authorized in Attachments (its "System"), including labor and materials required for connections, project management costs, lateral builds, tie -cables, fiber equipment (i.e. handholes and splice cases), splicing, and costs incurred by County in facilitating the installation or set-up. b. City of Shakopee shall be solely responsible for installing and connecting City of Shakopee fiber to its authorized use County fiber. c. Unless otherwise approved in writing by County, City of Shakopee shall set a handhole next to each Scott County handhole used in an installation and connect the two systems with a fiber tie cable. d. Fiber Splicing 78 1) All splice locations must be approved by County prior to work being completed. 2) All splices shall be fusion splices except for endpoints where pigtail connectors may be used. 3) Each splicing attempt shall be documented on the data sheet. 4) Acceptable splices — a) Transmission rate loss of 0.15 dB or less in any one direction, with a 0.20 dB or less bi-directional averaged loss shall be deemed acceptable. b) At fiber termination points, the pigtail splice loss shall be less than 1.0 dB, and the reflection level at such termination points shall be less than -50 dB. 5) Out -of -Spec Splices — a) If, after three attempts, a transmission rate loss value of less than 0.15 dB is not achievable, then the splice will be marked as out -of - specification ("OOS") on the data sheet. b) OOS splices shall be noted, but shall not preclude acceptance of a fiber if County's fiber maintenance contractor determines in its sole discretion that the OOS condition does not affect overall transmission capability (based on use of then -prevailing telecommunications industry standards applicable to equipment generally used with the relevant type of fiber) or create a significant possibility of an outage. c) In the event the County'sfiber maintenance contractor later reasonably establishes that the OOS splice does affect service, City of Shakopee shall take steps to remedy splice or fiber quality at its own expense. If City of Shakopee fails to remedy the OOS splice service within 7 days of written notice, County's fiber maintenance contractor may take necessary action to bring the splice into :ompliance within specifications stated above and City of Shakopee shall be responsible for all costs and expenses related to the work. e. Testing End -To -End Testing - After fiber install or repair or any other activity that potentially impacts connectivity, City of Shakopee shall ensure established end -to -end connectivity on the fibers in the System, and shall: a) Coordinate with County's fiber maintenance contractor to complete bi- directional Optical Time Domain Reflectometer ("OTDR") end -to -end tests to record splice loss measurements; b) Ensure test continuity to confirm that no fibers have been "frogged" or crossed at any splice points; c) Ensure recorded loss measurements using a light source and a power meter; and d) Ensure wavelengths test operational and within accepted splicing limits set out herein. 79 2) Test Documentation — Within two (2) business days of test completion, City of Shakopee shall document, and provide copies of all such documentation to County and County's fiber maintenance contractor, all testing in a report containing the following information for the System: a) Verification of end -to -end fiber continuity with power level readings for each fiber taken with a stable light source and power meter. b) Verification that the loss at each splice point is either (i) in accordance with Subsection 1.B above or (ii) in accordance with the requirements of Section 2 above. c) The final bi-directional OTDR test data, with distances. f. Documentation 9. City of Shakopee must provide "as -built" documentation to County within seven (7) days of project acceptance and completion. Documentation must include all aspects of the "system" including City of Shakopee's laterals, fiber use, splicing documentation, handhole placements, etc. Documentation shall be provided in both written and digital formats. All locations of fiber, handholes, etc. must be located accurately with GPS coordinates provided for such assets. Acceptance 1) County or the County's fiber maintenance contractor shall have ten (10) business days after receipt of the as -built documentation and testing documentation to provide City of Shakopee written notice of non- acceptance which must be based on a determination that the approved work does not meet acceptable standards, industry accepted best practices or County's installation requirements. Such notice shall identify the specific issue that indicates the failure to meetacceptable standards. Upon receiving written notice of non -acceptance, City of Shakopee shall either: a) expeditiously take such action as shall be reasonably necessary to cure the stated issues and cause them to meet the acceptable standards, re -test and submit the new testing results for acceptance; or Within five (5) business days of the non -acceptance notice, provide County and County's fiber maintenance contractor written notice that City of Shakopee disputes the County's fiber maintenance contractor's determination that the fibers and/or installation do not meet acceptable standards. Such a dispute shall be handled as follows: i. City of Shakopee shall within five (5) days of its dispute notice, designate by written notice to County and County's fiber maintenance contractor, the names and addresses of three (3) reputable and independent fiber optic testing companies that it is willing to have conduct an independent re -test of the disputed route/item. ii. County shall select one of the named companies and that company shall re -test the disputed route/items. 80 iii. If re -testing determines that the fibers and/or installation meet the acceptance standards, County shall pay the testing company's charges for performing the testing and the acceptance date for the relevant route shall be ten (10) days after City of Shakopee provided its test deliverables. iv. If re -testing does not meet the acceptance standards, City of Shakopee shall pay the testing company's charges for performing the testing or review, shall perform corrective action and re- testing, and shall submit new test results for acceptance. 3) Unless County or County's fiber maintenance contractor provides a written notice of a non -acceptance as set out above, the System shall be deemed accepted. 5. System Monitoring and Response City of Shakopee shall operate a manned Network Control Center ("NCC") twenty- four (24) hours a day, seven (7) days a week to monitor its System by means of remote surveillance equipment. The NCC shall have a toll -free number by which problems in the System can be reported. 6. General Maintenance/Locates/Relocations a. County will provide all maintenance, locates, and relocates for its County Fiber Network except for maintenance or locate costs associated with City of Shakopee's specific stated use, installation, maintenance or repair whether routine or emergency if initiated or caused by City of Shakopee. b. County shall not be responsible for any costs, fees or damages to City of Shakopee related to, or as the result of, loss of service during any maintenance or relocation activity. City of Shakopee shall, at its own cost and expense, perform and provide all repairs, maintenance, locates, and relocates for its laterals and fiber connected off of the County Network. Locates shall include responding to Gopher State One Call tickets and locate requests within timelines established by Gopher State One Call. d. City of Shakopee shall, at its own cost and expense, perform appropriate routine preventative maintenance on their equipment and their fiber System in accordance with City of Shakopee's then -current preventative maintenance procedures. City of Shakopee's preventative maintenance procedures shall not substantially deviate from industry practice. e. For physical infrastructure uses, City of Shakopee will maintain the non- structural portions of the system, equipment or facilities in good condition, reasonable wear and tear and casualty damage excepted, but excluding any items which are the responsibility of County. 81 f. For physical infrastructure owned by County, it shall maintain, in good operating condition and repair, the structural elements of facilities, and building systems (including, but not limited to, the foundations, exterior walls, structural condition of interior bearing walls, exterior fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, fire hydrants, parking lots, walkways, parkways, driveways, landscaping, fences, signs and utility systems serving the common areas) and the common areas as they impact and are necessary for continued use of City of Shakopee's equipment. County shall repair any defect as it impacts the City of Shakopee's equipment within thirty (30) days assuming resources are available, or such shorter period as may be required by any governmental authority having jurisdiction, after receipt of written notice from City of Shakopee describing such defect and how it impacts City of S.hakopee's equipment. If the defect as it impacts City of Shakopee's equipment constitutes an emergency, defined as City of Shakopee's total system failure, County will cure the defect as quickly as possible after receipt of notice. 7. Planned Maintenance a. Timing. No routine and planned maintenance shall occur between 0600-2200 central -standard time, Monday through Friday, that will have a disruptive impact on the continuity or performance level of the County Fiber Network. b. Notice. 1) City of Shakopee shall provide County with written or email notice of all non emergency planned network maintenance: (i) no later than two (2) business days, prior to performing maintenance that, in its reasonable opinion, has, a substantial likelihood of affecting the County traffic for up to fifty (50) milliseconds, or (ii) no later than ten (10) business days prior to performing maintenance that, in its reasonable opinion, has a substantial likelihood of affecting the County fiber maintenance contractor's traffic for more than fifty (50) milliseconds. ) County reserves the right to postpone or reschedule any such maintenance if the County determines it is in its best interests. 3) If City of Shakopee's planned activity is canceled or delayed by City of Shakopee, City of Shakopee shall provide new notice for any rescheduled dates. If a planned activity is postponed by County, notice shall be deemed given upon County's written acceptance of a new date or compliance with the notice requirements above. 8. Emergency Maintenance a. City of Shakopee shall provide maintenance employees that are available for dispatch twenty-four (24) hours a day, seven (7) days a week for system interruptions or traffic discontinuity. City of Shakopee shall use commercially reasonable efforts to have maintenance staff on -site for an emergency maintenance activity within four (4) hours from the time of alarm identification 82 by City of Shakopee's NCC or notification by another party, whichever occurs first. City of Shakopee shall provide remote troubleshooting services until staff is on -site. b. Communication: City of Shakopee shall establish a customer bridge line to provide updates on the emergency repair work being performed on its System and, upon the County's fiber maintenance contractor's request, provide regular status updates on the emergency repair work being performed to County's fiber maintenance contractor. c. Within twenty-four (24) hours after completion of an emergency repair, City of Shakopee shall commence planning for permanent repair, shall notify the County of such plans, and shall implement such permanent repair within an appropriate time thereafter. 9. Coordination a. City of Shakopee shall coordinate all maintenance, correction or repairs of fiber discontinuity or damage in any event involving its System with County's fiber maintenance contractor and other users of County's Fiber Network as appropriate for the mutual benefits and needs of all users of the County Fiber Network. b. City of Shakopee shall dispatch technicians and provide requested assistance to other users or City of Shakopee responsible for maintenance, correction or repairs on the County's Fiber Network involving its System and/or its authorized fiber use. 83 Shakopee City Council 5.i OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: Approve plans and authorize bidding for the Arbor Bluff Stream Stabilization Project Kirby Templin, Water Resources - Environmental Manager Alex Jordan, City Engineer Action to be considered: Adopt Resolution R2025-098, approving plans and specifications and ordering advertisement for bids for the Arbor Bluff Stream Stabilization Project, STORM -25-002. Motion Type: Simple Majority Background: The adopted Capital Improvement Plan (CIP) includes projects to construct regional ponding and maintain the existing drainage system west of CR 83 and south of Valley View Road. The first phase of this project will include stabilizing the stream channel within the Arbor Bluff development. This channel is experiencing significant erosion along the banks, causing sediment deposit downstream and creating potential safety issues within City property in the development. Plans have been prepared and staff is ready to solicit public bids to complete the improvements. Upon approval, subsequent advertising and bidding will commence with a scheduled bid opening in September 2025. Bids would then be considered and awarded with construction of the improvements scheduled for fall 2025. Recommendation: Adopt Resolution R2025-098 Budget Impact: The overall CIP budget is $755,000, which includes engineering and administrative costs. The project is funded out of the Storm Drainage Fund. Attachments: RES-R2025-098.docx CIP Sheet - Storm-25-002.pdf Arbor Bluff Stream Stabilization - TITLE SHEET.pdf 84 RESOLUTION R2025-098 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE ARBOR BLUFF STREAM STABILIZATION PROJECT, STORM -25-002 WHEREAS, the City Engineer has prepared plans and specifications for improvements for the Arbor Bluff Stream Stabilization Project, which includes stabilizing the Blue Lake Channel stream through the Arbor Bluff development and any appurtenance work and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be placed on the city's website and on questcdn.com an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 2nd day of September 2025. Mayor of the City of Shakopee ATTEST: City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 85 2025 thru 2029 Project Details Shakopee, MN Project # Project Name Storm -25-002 Blue Lake Channel Restoration and Regional Pond Total Project Cost $1,595,000 Department Storm Drainage Fund Category Storm Sewer/Drainage Status Active Project Code 5D2503 Description Contact Type Priority Fund City Engineer Improvement 2 - Smart to do Surface Water Fund Phase 1 of this project includes restoration to the Blue Lake Channel tributary within the bluff adjacent to the Arbor Bluff development. The steep section within the bluff is experiencing erosion and needs to be restored and stabilized. This project is in coordination with the adjacent residential development and trail improvements which is planned to be constructed prior to completing the development. Phase 2 is a regional best management practice located west of CSAH 83 to implement for rate control, flood protection, and water quality. The timing of this phase is dependent on development. Justification It is important to restore and stabilize the channel to protect adjacent infrastructure and property. The regional best management practice is important to control rates to manage the stormwater system and protect or reduce the potential for flooding in the downstream stormwater system. These projects also provide water quality benefit by reducing sediment and phosphorus to help meet water quality goals and NPDES MS4 requirements. Prior Expenditures 90,000 Construction/Maintenance Engineering/Administration Funding Prior Sources 90,000 Storm Drainage Fund Budget Impact 2025 700,000 55,000 Total 755,000 Total 2026 0 0 2027 675,000 75,000 750,000 2028 0 0 2029 0 0 Total 1,375,000 130,000 1,505,000 2025 755,000 755,000 2026 2027 0 750,000 0 750,000 2028 0 2029 0 Total 1,505,000 1,505,000 Restoration and construction for this project would be coordinated with the timing of adjacent development. A feasibility study that evaluated flooding was completed by WSB in 2014. An AUAR was completed by Stantec for this area. A feasibility study by Stantec partially funded through Watershed Based Implementation Funding was completed to determine if there is a water quality benefit opportunity with oversizing. The study did identify that there are opportunities for water quality benefits with the regional system to be incorporated with development. Produced Using Plan -It CIP Software 228 86 L8 WD/p9V :��n,r;?N��gy!f;�lb�tliB�'VN��.N'W"i Illlil�l°`i "p?IVlliliuuuuuulliiii� Ilo�lNIIltlilllllyiq»lll>��)iii�p dlpm9h;IluyP�frh"�„, ca ca E-1 I-� 1) N c Sheet Title TITLE SHEET NOTES & SEQ PROJECT OVERVIEW SUBDIVISION OVERVIEW TREE HARVEST PLAN - 1 TREE HARVEST PLAN - 2 TREE HARVEST PLAN - 3 TREE HARVEST PLAN - 4 EXISTING STREAM PROFILE EXISTING CONDITIONS & REMOVALS PLAN & PROFILE - 1 EXISTING CONDITIONS & REMOVALS PLAN & PROFILE - 2 EXISTING CONDITIONS & REMOVALS PLAN & PROFILE - 3 EXISTING CONDITIONS & REMOVALS PLAN & PROFILE -4 EXISTING CROSS SECTIONS - 1 EXISTING CROSS SECTIONS - 2 PROPOSED PLAN & PROFILE - 1 PROPOSED PLAN & PROFILE - 2 PROPOSED PLAN & PROFILE - 3 PROPOSED PLAN & PROFILE -4 TRAIL PLAN - 1 TRAIL PLAN - 2 ESC & RESTORATION PLAN - 1 ESC & RESTORATION PLAN - 2 DETAILS - 1 DETAILS - 2 DETAILS - 3 DETAILS - 4 DETAILS - 5 DETAILS - 6 U a) N. L CO z O O O O LC) O O O O O N CO V In CO I,- O N _ N N CO N N N N N EN N 0) N THIS PLAN SET CONTAINS 29 SHEETS PROJECT LOCATION, REFERENCE MAP TITLE SHEET SHEET 01 OF 29 ARBOR BLUFF STREAM STABILIZATION SHAKOPEE, SCOTT COUNTY, MINNESOTA 0 0 Y 0 CLIENT PRO IECT #999-999 FOR JOB #01622-0003 TuioL LO,TRUCT10,1 Oren 4) T 0 0) N Shakopee City Council 5.j OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: Approve a Contract with BKJ Land Co. II, dba BKJ Excavating, for the Weinandt Acres Drainage Improvement Project Josiah Ferguson, Graduate Engineer Alex Jordan, City Engineer Action to be considered: Approve a contract with BKJ Land Co. II, dba BKJ Excavating in the amount of $87,304.00 for the Weinandt Acres Drainage Improvement Project, Storm -23-005. Motion Type: Simple Majority Background: They City's adopted Capital Improvement Plan (CIP) programs a project to improve drainage in the Weinandt Acres area located along Marcia Lane west of CH 17. The improvements are proposed to address frequent drainage and flooding issues that impact properties which has resulted in the need of city assistance to help protect and mitigate flooding issues. The project includes replacement of an existing culvert, expansion of a flood plain storage area upstream of the culvert, and regrading of the drainage channel downstream. Quotes for the improvements were solicited and opened on August 28, 2025. Four quotes were received and BKJ Land Co. II, dba BKJ Excavating, ("BKJ Excavating) of Jordan Minnesota, is the low bidder in the amount of $87,304.00 (See attached quote tabulation). The engineer's estimate for the improvements was $117,696.00. BKJ Excavating has the capacity and experience for the project and is deemed a responsible bidder. Recommendation: Approve the Contract Budget Impact: The CIP identified a total project cost of $207,850 for the improvements. The table below details the cost and funding summary comparing the CIP budget to the updated budget based on the low quote received. 88 CIP Budget Project Costs Based on Low Quote Project Costs Construction Cost $204,000.00 $87,304.00 Contingency $0.00 $8,730.40 Subtotal $204,000.00 $96,304.40 Eng/Admin/Legal Total Estimate Project Cost $3,850.00 $19,206.88 $115,241.28 $207,850.00 Funding Storm Drainage Fund $207,850.00 $115,241.28 Total Funding $207,850.00 $115,241.28 Attachments: Weinandt Acres Drainage Improvement - Contract.pdf CIP Sheets - Storm-23-005.pdf BID TAB.pdf 89 CONTRACT THIS CONTRACT, made and entered into this day of September, 2025 by and between , hereinafter called "Contractor", and the City of Shakopee, Minnesota, a municipal corporation, hereinafter called "City." WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: WEINANDT ACRES DRAINAGE IMPROVEMENT NOW THEREFORE, the parties to this contract agree to the following: 1. Manner for Completion. The Contractor, at his own proper cost and expense, shall perform all work and furnish all supervision (needed beyond that provided by the City Engineer), labor, material, tools, supplies, machinery and other equipment necessary for the construction of the Bass Court Storm Sewer Joint Repair for the City of Shakopee, Minnesota, in a workmanlike and substantial manner, as outlined in the Request For Quotation (RFQ). 2. Due Diligence. The maintenance of a rate of progress in the work which will result in its completion in a reasonable time, is an essential feature of this Contract, and the Contractor agrees to proceed with all due diligence and care, at all times to take all precautions to ensure the time of completion as defined in this Contract. The Contractor shall fully complete the work called for under the Contract in accordance with the RFQ. 3. Payment. The City will pay the Contractor those prices stipulated in the Contractor's Quotation, which are incorporated herein by reference and made a part of this Contract, which shall constitute full and complete compensation for the contractor's work provided hereunder. The parties specifically agree and understand and the Contractor specifically waives any claim for additional compensation for any changed condition whether arising out of a physical condition at the site of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character and at the location provided for in the Contract or arising as a result of any force majeur. 4. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this City of Shakopee— Contract Weinandt Acres Drainage Improvement August 2025 Page 1 of 6 90 contract. Nothing contained in this Contract shall create any contractual relation between the subcontractor and the City or between any subcontractors. 5. Payment to Subcontractors. The Contractor shall pay any subcontractor within ten days of receipt of payment from the City for undisputed services provided by the subcontractor. If the Contractor fails to pay within ten days, the Contractor shall pay the subcontractor interest at the rate of one and one-half percent per month or part of month to the subcontractor on any undisputed amount not paid on time to the subcontractor, in accordance with Minn. State. Sec. 471.425, Subd. 4a. 6. City Instructions. The City may declare the contract forfeited, should the Contractor persistently disregard instructions of the City or fail to observe or perform any provisions of this Contract. 7. Requirements of Performance Bond. The successful bidder, at the time of the execution of the Contract, shall furnish and at all times maintain a satisfactory and sufficient bond in full amount of the Contract as required by law with a corporate surety satisfactory to the Owner. The form of bond is that required by statute. Personal sureties will not be approved. 8. Indemnity. The Contractor agrees to defend, indemnify, and save the City harmless from and against all claims, suits and actions of every description, brought against the City and from all damage and costs by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, by Contractor, its servants, agents or subcontractors in the construction of said work, or by any negligence or carelessness in the performance of same, or on account of any other wrongful act or omission, including breach of any provision of this Contract, of Contractor, its independent subcontractors, agents, employees, or delegates. The Contractor further agrees to indemnify the City for defense cost incurred in defending any claims, unless the City is determined to be at fault. The Contractor shall provide a Certificate of Insurance with the City of Shakopee named as an additional insured. The limits of liability shall be as follows: Worker's Compensation (1) State Statutory (2) Applicable Federal (e.g. Longshoreman's): Statutory (3) Employer's Liability: $2,000,000 Contractor's Liability Insurance including completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor: City of Shakopee — Contract Weinandt Acres Drainage Improvement August 2025 Page 2 of 6 91 (1) General Aggregate (Except Products - Completed Operations) $2,000,000 (2) Products - Completed (Operations Aggregate) $2,000,000 (3) Personal and Advertising Injury (Per Person/Organization) $2,000,000 (4) Each Occurrence (Bodily Injury and Property Damage) $2,000,000 (5) Property Damage Liability Insurance will provide explosion, collapse and underground coverages $2,000,000 where applicable. (6) Excess Liability General Aggregate Each Occurrence Automobile Liability: (1) Bodily Injury: $2,000,000 Each Person $2,000,000 Each Accident Property Damage: $2,000,000 Each Accident $2,000,000 $2,000,000 or (2) Combined Single Limit (Bodily Injury and Property Damage) $2,000,000 Each Accident 9. Duplicate Originals. This Contract shall be executed in two copies; one (1) copy being retained by the City, one (1) to be delivered to the Contractor. City of Shakopee— Contract Weinandt Acres Drainage Improvement August 2025 Page 3 of 6 92 10. Nondiscrimination. The Contractor agrees in the performance of this Contract not to discriminate on the ground or because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age, against any employee of Contractor or applicant for employment, and shall include a similar provision in all sub- contracts let or awarded hereunder 11. Jurisdiction. This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. CONTRACTOR CITY OF SHAKOPEE, MINNESOTA By By Matt Lehman / Mayor or Alex Jordan By By _ William H. Reynolds / City Administrator City of Shakopee— Contract Weinandt Acres Drainage Improvement August 2025 Page 4 of 6 93 2025 thru 2029 Project Details Shakopee, MN Project # Project Name Total Project Cost Department Category Status Fund Storm -23-005 Weinandt Acres Drainage Improvement $214,000 Storm Drainage Fund Storm Sewer/Drainage Active Surface Water Fund Contact City Engineer Type Improvement Priority 2 - Smart to do Accounting Code 5930/6930 Project Code SD2305 Description This project includes drainage improvements to the Weinandt Acres area located along Marcia Lane South and west of Marschall Road South. Justification This area has frequent drainage and flooding issues that impact property resulting in the need of city assistance to help protect and mitigate flooding issues. The project will implement solutions to reduce the need for frequent city assistance and improve drainage and flooding. Prior Expenditures 2025 6,150 Construction/Maintenance 204,000 Engineering/Administration 3,850 Total 207,850 Prior 6,150 Storm Drainage Fund Funding Sources Total Budget Impact A feasibility study was completed by AE2S for this area. 2026 2027 2028 2029 Total 0 0 0 0 204,000 0 0 0 0 3,850 0 0 0 0 207,850 2025 2026 2027 2028 2029 Total 207,850 0 0 0 0 207,850 207,850 0 0 0 0 207,850 Produced Using Plan -It CIP Software 224 94 2025 thru 2029 Project Details Shakopee, MN Project # Project Name Contact Department Storm -23-005 Weinandt Acres Drainage Improvement PROJECT LOCATION JIIIIIIIIIIIIIIIIIIIIIIIII Illl�l�il�i,�iiu�ii �iI 1111 u�liiiiliiiiiiiiiiilllllll uuuuu111111 uuipuulliii uudlll l ll11111�lll111111lllii""""';; None None Storm Drainage Fund Produced Using Plan -It CIP Software 225 95 TABULATIONS OF BIDS Z J1, Theis, Inc Jordan EXTINI)E.D TOTAL 59,423.00 54,900.00 51,000.00 S420.00 52,720.00 UNIT PRICE 59,423.00 520.00 542.00 C Link Excavating, Inc Jordan EXTENDED TOTA I, 59,939 75 510,000 00 55,100 00 5330.00 52,400.00 53,64000 53,50000 - 52,000.00 5120.00 5286.00 152,00200 $145,928.05 F D n n n 55.00 530.00 . n n 2 2 r _ _ r• r r n n r 2 n n 2 n n c z a a F,XTEN DI -D TOTAL 59 000.00 x 7:c r. r. 5660.00 52.400.00 r. r. c r. r. F.-,.-- r. r. r. r r, r, r, r, r, 54.000.00 5240.00 r. r. r. r. r. UNIT PRICE. 59,000.00 C BIJ Excavating Jordan EXTENDED TOTAL 54,500.00 5231.00 52,000.00 51,400.00 52,800.00 535.00 15245O0 $87,304,00 UNIT PRICE 54,500 00 550.00 S22.00 ENGINEERS ESTIMATE FXTI'N DED TOTAL 512,000.00 5900.00 531,240.00 UNIT PRICE 512,000.00 F 26 (SEED, MIXTURE WET DITCH I LB I 7 BID TOTS!, 2 2 F F m❑❑ ❑ P F= F F Item Description MOBILIZATION CLEARING GRUBBING SAWING BITUMINOUS PAVEMENT (FULL DEPTH) REMOVE SELL FR PIPE (STORM) REMOVE BITUMINOUS PAVEMENT EXCAVATION - COMMON (P) COMMON EMBANKMENT (CV) DEWA TER ING ,,LOTEXTILE FABRIC TYPE 4 SLBGRADL PREPARATION AGGREGATE BASE CLASS 5 BITUMINOUS MATERIAL FOR TACK COAT TYPE SP 95 WEARING COURSE MIXTURE (2,C) 6" PERFERATEI) PIPE DRAIN SKD35 PVC I8" METAL ILAIRLD END SECTION I8" CS PIPE (STORM) IRRIGATION SYSTEM REPAIR TRAFFIC CONTROL STABILIZED CONSTRUCTION EXIT SEDIMENT CONTROL LOG TYPE STRAW FERTILIZER TYPE 3 ROLLED EROSION PREVENTION CATEGORY 20 SEEDING SEED, MIXTURE SOUTHERN BOULEVARD z 20 21 96 Shakopee City Council OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: Approval of the August 19, 2025 City Council Minutes Rick Parsons Action to be considered: Approve the August 19, 2025 City Council minutes. Motion Type: Simple Majority Background: N/A Recommendation: Approve the August 19, 2025 City Council minutes. Budget Impact: N/A Attachments: City Council Minutes 08-19-2025.pdf 5.k 97 City Council City Hall 485 Gorman Street Shakopee, MN, 55379 Tuesday, August 19, 2025 7:00 p.m. Vision: Shakopee is a place where people want to be! A distinctive river town, with a multitude of business, cultural and recreational opportunities in a safe, welcoming, and attractive environment for residents and visitors. Mission: Our mission is to deliver high quality services essential to maintaining a safe and sustainable community. We commit to doing this cost-effectively, with integrity and transparency. 1) Call to Order 2) Roll Call PRESENT: Mayor Lehman, Council Member Contreras, Council Member Whiting, and Council Member Lara ABSENT: Council Member DuLaney ALSO PRESENT: None. 3) Pledge of Allegiance 4) Approval of Agenda Council Member Contreras made a motion to approve the agenda, second by Council Member Whiting and the motion passed. 4 - 0 5) Consent Agenda 5.a) Approve a Cooperative Agreement with Scott County for the Construction and Maintenance of the County Highway 16 Extension X98 Improvements 5.b) Minnesota DNR's Conservation Partners Legacy Grant Program Application 5.c) State of Minnesota 2026 Capital Budget Request Project Priority List 5.d) Monthly Financial Report - July 2025 5.e) Set public hearing for the issuance of refunding bonds for Benedictine Living Community of Shakopee LLC (conduit debt) 5.f) FM Fire Service Grant Program Application 5.g) Policy and Standard Operating Procedure Development 5.h) Approve Parking Restrictions on Shenandoah Drive 5.i) Approval of the City Council Meeting Minutes for August 6, 2025 5.j) Approve the Scott County Highway 17 Expansion Project Layout - (item pulled for separate consideration) 5.k) Joe Schleper Stadium Baseball Field improvements - Sod improvements 5.1) Approve a Temporary Liquor License for the Shakopee Chamber of Commerce 5.m) Approve Extended Construction Hours for the Marystown Road Reconstruction Project Council Member Whiting made a motion to approve the consent agenda with the modification of pulling item 5.j for separate consideration, second by Council Member Contreras and the motion passed. 4 - 0 6) Public Comment 7) Business removed from consent agenda 5.j) Approve the Scott County Highway 17 Expansion Project Layout Council Member Lara made a motion to authorize staff to approve the County Highway 17 Expansion Project Layout, second by Council Member Contreras and the motion passed. 4 - 0 8) General Business 8.a) Comprehensive Revenue Policy - Parks and Recreation Council Member Whiting made a motion to approve the Comprehensive Revenue Policy for the Parks and Recreation Department, second by 299 Council Member Contreras and the motion passed. 4 - 0 8.b) Healing Center MUSA Comprehensive Plan Amendment Council Member Whiting made a motion to approve Resolution R2025- 090 for a Comprehensive Plan Amendment to Figure 4.60 - Metropolitan Urban Service Area (MUSA) in the 2040 Comprehensive Plan for the Healing Center proposed development at the southwest corner of Crest Ave and Muhlenhardt Rd., second by Council Member Contreras and the motion passed. 4 - 0 9) Workshop 9.a) Overview of 2026 Preliminary Budget and Levy 9.b) SCALE 2026 Legislative Priorities 10) Reports 10.a) City Bill List 10.b) News and Announcements 11) Other Business 12) Adjourn to September 2, 2025, at 7:00 pm Council Member Lara made a motion to adjourn to September 2, 2025, at 7:00 pm, second by Council Member Whiting and the motion passed. 4 - 0 100 Shakopee City Council OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: Ice Arena School District locker room upgrades. Troy Ciernia, Recreation Facilities Manager Kelsi McNutt Action to be considered: Approve School District upgrade proposal. Motion Type: Simple Majority Background: 5.1 As part of the agreement between the City and the District, the District will fund and construct the initial build -out of the Team Locker Rooms at the Ice Arena. The District is responsible for providing the City with complete construction drawings for the project. In addition to the initial build -out, the District may also make future alterations, additions, or other improvements to the Team Locker Rooms as needed. These additional improvements require prior notice to and approval from the City, ensuring they are consistent with facility standards and overall operations. All permanent improvements made by the District both the initial build -out and any additional improvements will become City property when the agreement ends. Recommendation: Approve the following upgrades for both boys and girls High School locker rooms: 1. Install an illuminated Shakopee Saber Hockey logo from KJ Branding/Sign Monkey on the ceiling. 2. Install another illuminated logo from KJ Branding/Sign Monkey on the stick wall, featuring a white saber head. 3. Remove the floor saber logo and replace it with either carpet or rubber flooring. 4. Paint select interior walls and add team spirit acrylic lettering above lockers.(Similar to boys) 5. Add a few new electrical outlets and a light switch to control the locker room lighting, and kitchenette. We plan to use a city -approved electrician. 6. Add an "L" shaped kitchenette to the left of main locker room door as you enter.(Drawing attached) 101 7. Install LED lighting on top of the locker stalls Budget Impact: There is no budget impact to the City, as these upgrades will be fully paid for by the School District and the boys' and girls' hockey booster clubs. Attachments: download.png download.png download.png 102 pp 'I"1(01116'1 000001'r 000 VIII II II 111 00M lull III41,010,0,010101010101010I,Fi (En ....„„„.„„„„„„„„„„„,y,„, mumiiluuuuuuuuuuuuum hI 1111 v101.,I.j.j.j.j.j.j.j.j.j.j.j.j.j.jjjjjjjjjjjj000jjjjjj10111010101010101010101IIIIIIIIIIIIIIIIIIIIIIIIIIIII000000000000000000000000h000 00000i 10013, 001101000 �ir °"rIgWN��1�luV for II woo iii,;; /////, 111101111111111II III, \v� '"11111111011II0II0 NN, 111111111110 IIII���Q 103 unooloolooloomoi 00 unoolooloolooloolooloolooloon VIII l �p 1111'41 � . Illyoulmolovolowpoopeoluounonnov i� l a^ �py,!dro 104 o it 11111110 leolo))j I 1"1"' I 'I Illlli�l9�rnn��� qqp y� f Al,!111004 ANowilliktomilohobtokomiih000kwiDoloo y lill l��111111 �lpijiill l ���� III •I�,,�V��� �i�• l� ii m uu uuu i�u����m'VI IVI IPIVfIP`711�oolooloolooloo ql 105 Shakopee City Council 5.m OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: Ordinance O2025-020 Amending City Code Section 32.20 Related to the Planning Commission and Repealing Section 32.23 of City Code related to the Parks and Recreation Advisory Board. Michael Kerski, Planning and Development Director Michael Kerski Action to be considered: Adopt Ordinance O2025-020 Motion Type: Simple Majority Background: The Parks and Recreation Advisory Board has not convened for several years and, when it last met, was unable to reach quorum. Traditionally, the Board's role was to review park development proposals and provide recommendations to the City Council, along with input on the Parks and Recreation Department's budget and programming. In recent years, the City has implemented a more comprehensive and effective public engagement process for park planning and development. This process includes prominent on -site signage, online engagement tools such as Social Pinpoint, and direct communication through phone and email. These efforts have generated consistently high levels of community participation and feedback. Currently, the Planning Commission provides recommendations to the City Council on plats and development proposals. Going forward, the Commission will also review park plans and concepts to ensure consistency with the City's adopted Parks Master Plan. Unlike the Parks and Recreation Advisory Board, the Planning Commission does not experience quorum challenges, is well-informed on city development initiatives (including parks, following a recent two-hour tour of Shakopee), and maintains strong participation from its seven members. Recommendation: Adopt Ordinance O2025-020 Amending City Code Section 32.20 Related to the Planning Commission and Repealing Section 32.23 of City Code related to the Parks and Recreation Advisory Board. 106 Budget Impact: N/A Attachments: Proposed Ord Re PRAB and Planning Commission.docx 107 ORDINANCE NO. O2025-20 AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SECTION 32.20 OF THE CITY CODE RELATING TO THE PLANNING COMMISSION AND REPEALING SECTION 32.23 OF THE CITY CODE RELATING TO THE PARKS AND RECREATON ADVISORY BOARD THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. Section 32.20 of the Shakopee City Code is amended to read as follows: 32.20 Planning Commission A Planning Commission composed of 7 members is hereby established. The Planning Commission members shall serve staggered 4 -year tern's. The Planning Commission shall have such authority and perform such duties as prescribed by state statutes and this code of ordinances. The Planning Commission shall also have the authority to make recommendations to the City Council on all matters relating to park planning and park development. Each member of the Planning Commission shall receive such compensation per Planning Commission meeting or hearing, as shall be fixed by the Council. Section 2. Section 32.23 of the Shakopee City Code entitled "Parks And Recreation Advisory Board" is repealed. Section 3. Effective Date. This ordinance becomes effective from and after its adoption and publication. Passed in regular session of the City Council of the City of Shakopee, Minnesota held on the 2nd day of September 2025. Mayor of the City of Shakopee Attest: Rick Parsons, City Clerk 1 108 Shakopee City Council 8.a OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: Public Hearing for the 2025 Full Depth Pavement Reconstruction Project Micah Heckman, Assistant City Engineer Alex Jordan, City Engineer Action to be considered: Adopt Resolution R2025-095, adopting assessments for the 2025 Full Depth Pavement Reconstruction Project, CIF -25-001. Motion Type: Four -Fifths Vote Background: On February 4, 2025, City Council adopted Resolution R2025-014, approving the plans and specifications and ordering the advertisement for bids for the 2025 Full Depth Pavement Reconstruction Project, CIF -25-001. On April 15, 2025, City Council adopted Resolution R2025-047, accepting the bids and awarding the contract for the project. The combined project included the following CIP projects: • 2025 Full Depth Pavement Reconstruction for Sunset Court, McGuire Court and McGuire Circle CIF -25-001 • 2025 Annual Bituminous Mill and Overlay project CIF -25-002 • 2025 Annual Trail Rehabilitation Project CIF -25-003 • 2025 Annual Pavement Rehabilitation Project CIF -25-004 • 2025 Annual Park Trail Reconstruction Project PA -25-01 • Memorial Park Parking Lot Mill and Overlay Project PA -22-10 • 500 Gorman Building Parking Lot Full Depth Reclamation Project BA -24-005 The full -depth pavement reconstruction portion of the project has subsequently been completed, and on August 6, 2025, City Council adopted Resolution R2025-083, declaring the costs to be assessed, ordering the preparation of proposed assessments, and setting a public hearing date for September 2, 2025, for the 2025 Full Depth Pavement Reconstruction Project, CIF -25-001. City policy is to assess 30% of the street improvements. The final assessment amounts are based on a per lot basis and broken down between the two separate neighborhoods. These per lot assessments were calculated using final construction costs in accordance 109 with the feasibility report and the City of Shakopee Assessment Policy. The proposed assessment rate is as follows: Estimated Assessment (Feasibility Report) Actual Assessment (Final Contract) McGuire Circle and McGuire Court $ 6,539.00/Lot $ 4,183.08/Lot Sunset Court $ 6,183.00/Lot $ 4,677.91/Lot Attached to this memo is a map of the project area and the assessment roll for Council consideration and adoption. A presentation of the final costs and assessments will be made at the Council meeting. A 4/5th vote of the City Council is required to approve a resolution adopting the assessments. Recommendation: Adopt Resolution R2025-095 Budget Impact: Project funding sources include the Capital Improvement Fund and Special Assessments to the benefiting properties. Included in the resolution is language that would allow the city to reimburse project costs from future bond proceeds. This language allow for greater flexibility in funding current and future projects, should the city desire or need this in the future. The additional language allows the city a period of up to three years to issue and reimburse itself with bond proceeds. The language does not change the requirements or administrative process for issuing debt. All debt issuance will still require separate approval by the City Council. Attachments: R2025-095 2025 Full -Depth Street Reconstruction Assessment Roll - Final Assessment Map 2025 FDR Public Hearing Meeting_final 110 RESOLUTION R2025-095 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ADOPTING ASSESSMENTS FOR THE 2025 FULL DEPTH PAVEMENT RECONSTRUCTION PROJECT CIF -25-001 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Properties adjacent to McGuire Circle, McGuire Court, and Sunset Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: 1. Such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable over a period of ten years, the first installment to be payable on or before the first Monday in January 2026 shall bear interest at the rate of 5.00 percent annum from September 2, 2025. Interest will be added for the period of September 2, 2025 through December 31, 2025 on the entire assessment to the first installment. One year of interest on the unpaid balance shall be added to each subsequent installment when due. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Finance Department, except that no interest shall be charged if the entire assessment is paid by October 2, 2025; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Finance department. 4. The Clerk shall file the assessment rolls pertaining to this assessment in their office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. 5. Pursuant to Section 1.150-2(d) of the Treasury Regulations, the City Council declares its official intent to reimburse itself for the costs of the improvements from the proceeds of tax-exempt bonds. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 2nd day of September 2025. Mayor of the City of Shakopee 111 ATTEST: City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 112 FINAL -ASSESSMENT ROLL 2025 Full -Depth Pavement Reconstruction - CIF -25-001 STREET ASSESSMENT $ 4,677.91 $ 4,677.91 a) N- ER $ 4,677.91 m N- co 69- $ 4,677.91 a) N- N - co Era PER LOT BASIS SUNSET LEGAL DESCRIPTION HORIZON HEIGHTS 4TH ADDN Lot 001 Block 001 HORIZON HEIGHTS 4TH ADDN Lot 002 Block 001 HORIZON HEIGHTS 4TH ADDN Lot 003 Block 001 HORIZON HEIGHTS 4TH ADDN Lot 004 Block 001 HORIZON HEIGHTS 4TH ADDN Lot 005 Block 001 HORIZON HEIGHTS 4TH ADDN Lot 006 Block 001 HORIZON HEIGHTS 4TH ADDN Lot 007 Block 001 PROPERTY ADDRESS 8925 SUNSET CT Shakopee, MN 55379 8855 SUNSET CT Shakopee, MN 55379 8785 SUNSET CT Shakopee, MN 55379 8757 SUNSET CT Shakopee, MN 55379 8679 SUNSET CT Shakopee, MN 55379 8760 SUNSET CT Shakopee, MN 55379 8828 SUNSET CT Shakopee, MN 55379 PROPERTY OWNER STEPHEN WALLFRED REVOCABLE TRUST 8925 SUNSET CT SHAKOPEE, MN 55379 STACY A ROEHLER PAHL REVOCABLE TRUST 8855 SUNSET CT SHAKOPEE, MN 55379 DAVID AND STACEY BREMER 8785 SUNSET CT SHAKOPEE, MN 55379 RONALD D'AMICO 8757 SUNSET CT SHAKOPEE, MN 55379 JENNA SELZLER AND MATTHEW GILSON 8679 SUNSET CT SHAKOPEE, MN 55379 THOMAS AND JANE JONAS 8760 SUNSET CT SHAKOPEE, MN 55379 GERI HOAG 8828 SUNSET CT SHAKOPEE, MN 55379 Old 271460010 271460021 271460031 271460040 271460050 271460060 271460070 113 FINAL -ASSESSMENT ROLL 2025 Full -Depth Pavement Reconstruction - CIF -25-001 STREET ASSESSMENT co 0 M co v ea co 0 M co v v3 co 0 cd co v v3 $ 4,183.08 co 0 (h oo v v3 co 0 M co v v3 co 0 M co v v3 co 0 c! co v v3 co 0 ri co v E» $ 4,183.08 co 0 M oo v Ea- co 0 or') co v v3 PER LOT BASIS MCGUIRE LEGAL DESCRIPTION RIVERVIEW ESTATES Lot 001 Block 001 RIVERVIEW ESTATES Lot 002 Block 001 RIVERVIEW ESTATES Lot 003 Block 001 RIVERVIEW ESTATES Lot 004 Block 001 RIVERVIEW ESTATES Lot 005 Block 001 RIVERVIEW ESTATES Lot 006 Block 001 RIVERVIEW ESTATES Lot 008 Block 001 RIVERVIEW ESTATES Lot 011 Block 001 RIVERVIEW ESTATES Lot 012 Block 001 RIVERVIEW ESTATES Lot 013 Block 001 RIVERVIEW ESTATES Lot 014 Block 001 RIVERVIEW ESTATES Lot 015 Block 001 PROPERTY ADDRESS 8550 MCGUIRE CIR Shakopee, MN 55379 8563 MCGUIRE CIR Shakopee, MN 55379 8569 MCGUIRE CIR Shakopee, MN 55379 8575 MCGUIRE CIR Shakopee, MN 55379 8579 MCGUIRE CIR Shakopee, MN 55379 8583 MCGUIRE CT E Shakopee, MN 55379 8621 MCGUIRE CT E Shakopee, MN 55379 8673 MCGUIRE CT E Shakopee, MN 55379 8711 MCGUIRE CT E Shakopee, MN 55379 8730 MCGUIRE CT E Shakopee, MN 55379 8624 MCGUIRE CT E Shakopee, MN 55379 8574 MCGUIRE CT E Shakopee, MN 55379 PROPERTY OWNER BRANDON HREHA 8550 MCGUIRE CIR SHAKOPEE, MN 55379 TERRY AND CAROL KANITZ 8563 MCGUIRE CIR SHAKOPEE, MN 55379 JEFFREY AND PARIS SOLBERG 8569 MCGUIRE CIR SHAKOPEE, MN 55379 DENNIS AND JEANETTE VIX 8575 MCGUIRE CIR SHAKOPEE, MN 55379 CHARLOTTE POST 8579 MCGUIRE CIR SHAKOPEE, MN 55379 RICHARD CUTTS JR 8583 MCGUIRE CT E SHAKOPEE, MN 55379 SUSAN JOHNSON 8621 MCGUIRE CT E SHAKOPEE, MN 55379 ANDREW AND JENNA KNOKE 8673 MCGUIRE CT E SHAKOPEE, MN 55379 BRADLEY AND STACY SHRADER 8711 MCGUIRE CT E SHAKOPEE, MN 55379 NICOLE GOTTWALDT AND JEFF JOHNSON 8730 MCGUIRE CT E SHAKOPEE, MN 55379 LADONNA CLEVELAND 8624 MCGUIRE CT E SHAKOPEE, MN 55379 8574 MCGUIRE COURT TRUST 8574 MCGUIRE CT E SHAKOPEE, MN 55379 270530010 270530020 270530030 270530040 270530050 270530060 270530080 270530110 270530120 270530130 270530140 270530150 m en rn w Total Assessments 114 PikAI 3AKOPEE cn 11111111111111111111111111111111 I I11111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111 11111111111111111111111, '11111111l11111111111111111111111llllllylll it uuuuuuuul 3OL11:, �� ((VR1Fi AG1. V. C 12t:,f;. �.wIM rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr 1111111111111111111111111111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII, 1111 l 111111111111111 VI I+ y«rrrrr«iiiiiR r'rIIII1 11111111111111111111111 1(((((( ((((((((( 111111111„111IIpu uluuu'II 1((( 111111111111111111111111111 II 1 IIIIjIp11 uuudiuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuugmP II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII II ii II 111111 uuuiiiiiiiiiuuu00000000000000iiillllllulllli°" III 111111 IIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII", 111111 1111111,111111111111111111111111111111111,1 111111111111111111 "`;uuuuiiiiiuuuuuuuuuuuuuuuuuuiiiiiuuuuuuuuuuuuuiia '' uuuuuuuuuuuuuuuuuuuuuuuuuuuy uuu IIIIIIIIIIIIIIIIIIIIIIIId111111111111111111111IIIIG uuuuuuuuuiiiiiiiiiuuuuuuumiiiii "i r / I aiaiIIII llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllli 111111111 I'i "'Ij IIIIR '„'1 11111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIII,111 IIIIIIIIIIIIIII II:::::::::::::::::::::::::::::: I 1111111111 111111111111111111111111111111111111,11111111111111111,111,111111111 muuuuuijjjuuuuuuuuuuuuuuuuuu;;;r��!1�111/iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiir I ii """""""""""""""""I .........................6 uuuuiiii1),IN1m 11 li 111111i111111iiiiiiiiiiiiiiiiii l �u.,.' 1�jllllllllllllllllllllllllllllllllr IIIIIIIIIIIII���������II, uuuuuuuuuiii ••••- !!E "" ,,,,:;;;IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII !!!!!!!!!!!!!!!!!!!,Ia�'v,�111Nv�''9UVI�Ci IIIIIIIII II II uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum, rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr, .... r................................................................ �rIIIIIIIIIIIIrIIIIIIIIrrrrrrrrrlllllllllllrlll u u u u I!!!!! I!!! I!!!! I!!!! I!!!! I!!!!! I!!! u u u u u u u u u u u u u u u //////////////////////////////////////////////////////////////////////////////////////// m 11 q llllllllllllllllllllllllllllllll'llllllllllllllllllll'Il MCC UiRE °lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll I w u iiiiiiiiiiiiiiiiiiiiiiiiiil lllllllllllllllllllllll . ii o uR luu IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII VIII I D yLL'ruuu�-,Vll..,lLuwull JI.rL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII r' If', i,L. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIININNry IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII lJii�t. C, m""m I • Illlllllllllllllllllllllllllllllllllllllllllllllh IIIu C,4., .� r �Im!u(((1 uuuuuuuuuuuuuuuuuuuuuuuuuuu 111111111 M.„.,,uuuuuuuuuuuuuuuuuuuuum uuuuuuuuuuuuuuuuuuuuuuuuuun � - uuuuuuuuuuuuuuuuuuuuuuuuuuul uuuuuuuuuuuuuuuaauuaaam lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll nnn„n„n„n„nnnnnnr rrrrrrrrrrrrrrrrrrrrrr uvvvvvvvvvvvvvvvvvval / m�, i ENE ««1«««2«««2«««2««««««««„ , JJ iiii �rrrrrrrrrrrrrrrrrrrrr 'iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii, � IIIIIIIIII�iIlinlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1ri' uuuuuuuuuuuuuuuuuuu m11111111 11 11111111 u r �p 1 u «rrrrrrrrrrrrrrrrrrrrrrrrrrrrru 1 „ ff 111111 11r IlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�I, ww���� iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii,..'I iiiiiiiiiiiiiiiiiiiiiiiiii""";iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii 6uIII1fr I �i a nnnnnnnnnnnnnnm: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIh11111 II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111::l:llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll y11111nu1u. r �Il_,�.�_Y/rslumsllNssyl,,,,,,usssuuum�lum//!7 sssssi/ssssrysls! rrr uuuuum nnnnnnnnnnrnnnWWWWWWWWWWWlllllllll uuum 1111 1 uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuul ' uy�rr�lw'mylYV,tlWvo�NW�dJYWull�!'�lugylU"lJ�yl' ffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffff mim mmnmuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu e .... iiiiiiuuuuuuuuuuuuuuuuuuuuuuuuuulk, uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuull �iiiiiuuuuuuuuuuuuuuuuuuuiiiiiuuuuuuuuuuuuuuuuuuuiiiiiuuuuuuuuuuuuuuuuumiiiiiul //////////////////////////////////////////////////////////////////////////////////////////////////////////// a!(�����1 11111111111111111111�11ry1111�1�11111�111111�111}1gql�lIllllllllllllllllllllllllllllllllllllli 'I IIIIIIIIIII mIIUIryIIIIIIII InPiilYlll i liiiiiiiiiiiiiiiiiiiiiiiiiii° '' (( ,I, , 111 JJJJllllllllll nnnnniiin rrrrr 1 v uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuml mmmvm vrym :1111111111111111111111111111111111111111111111111111111111111111111111111111111111111lir lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll„„„, //////lllllllllllllllllllllllllllllllllll//NNNNN 111111 VIII VIII rrrrrrrrrr"""""mmmmmmm"""""""immm"""""' w»III III,, IIII IIII 1I 2 151 n«««««nnnn uuuuuumr ,,,,,,,,,, ( 11 ����� lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll �1 laiaiaiaiaiaiaiiaiaiaiialalliaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiiiia 9rrrru p C:"l)(R j 1,11111451')'P'�������������������������/�����������/��� iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii i ill////,,, iiiiiiiiiiiiiiii%%%%%, �iiiiiiiiiiiiiiiiiiiiiiiiAiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii����, miillllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllluuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu ;;711 nmmmmmmmmnrmmmmmmmmmmimmmmmmm % 'y"nnnnnnnnmr uuuuuuuuuliiill!u, MOOMMOMM 1 ' GGIrGGIlYGIIIIIIIIIIIGrIIIIIluuu ''��������e�������������������������1 /ll/l/lJl/l/llllllllllllllllllllll%lllllllllllllllllllllllllllllllll rrrrrr0rrrrrrrrrrrrrrrrrrrrrrrrrrrrr ,,,,,,,,,,,,,,,,,,,,,,, 2025 FULL —DEPTH RECONSTRUCTION ASSESSMENT MAP MCGUIRE COURT/CIRCLE AND SUNSET COURT LEGEND mmlmlmlmlml EMI (PERLOT FAMILY BASIN�E:f>1DI::N RESIDENTIAL PROJECT BOUNDARY DATE: DRAWN BY: AUG 2025 AE SHAKOPEE ENGINEERING DEPARTMENT FIGURE: L... O U QU • I 4J V) 0 020800 000.000011 .-8- — a) VI • i S S Pavement Reco Va4 00000000006 0001,00000% ill IIIN1111111 IIIIIIIIIIII0000000000000,00000000000000I I I I I 111111 11111111 11ICI 1111111111111 I11I1111 1114 1111111111l l l I I'I II MmM�iiiui 1111m11 111111 114 YI'�ry'�allll 11 mosollsol� yO��N HHHHHHH�I��u° uoililll 14111111111111,1111111111 II1IIIIIIIIIIIIIIIIIIIIII .....H.............11111„1„1„.11111111111„11111.11„11111 iiiWiNA111111„111 Amu' 'IVHHH III u XiIIIVuuuouuuuu1111 luuuuuuuuuluuo 11 u., IIII1 IIIIIIIIIIIIII McGuire Court McGuire Court After Construction Before Construction Pavement Reco Sunset Court Sunset Court After Construction Before Construction 11IItltlI N " Y IIIIIIIII� Q^0 C) 41.J % Q m U O U c Q " J II. IAA I�IIII�IIIIIII VI ro it ) C1 a/) co VI Cl N N M C1' L!1 l0 l0 N. U M u'1 N Ol M ulco O • N- N n N 000 M ONO ▪ rn '0 0 p7 d' Cr) Cr) N (N ih t/} t/} t/} t/} O U „ :3 O U U 0) o O N v d' Assessment Amount Assessment Interest Rate 00 O 00 Assessment Amount Assessment Interest Rate Assessment Term Assessment Term 4-4 a, a) c co Vl N M M 00 N O I. M O '.O ' M M O l0 M \O N N 00 d' on I� d' N ti} ti} tm} tm} ti} to ti} ti} ti} ti} d- N m v 0 O O O O 0 O 0 O O ,73;Q N '� N. N. S. N. ri ri ri N. S. S. N C '0 \0 \0 \0 \0 l0 \0 l0 \0 \0 a. V} tai} tai} tai} tai} t} aitai} t} aitai} tai} ,if c a) I� o N M ▪ Ix) NO I. 00 ra • '0 M0) to N. MCA LJ47 1�l1 m O coc'.O • ON Ol 70 N. NO NO NO so Lfl l(1 Lfl • l(1 t M tV} tV} tV} V} tV} V} tV} V} C C N r- N M d' vl '0 N. W O O N NO NO r- 0 0 0 lrl Tr N ONl coC 10 CO N N O Ol n vfi - n M ON to O NO N p7 M M N N N r- 4-4 2, ate+ a-+ a1 O NN ON CO ko M d d 411 kr) • 00 ri N 00 Lod' N O co iJ} t/} t/} t/} t/} iJ} N LO m O cci on O 00 d- ti} N M M 0 O VD 4./} N O H vl m N 00 0' Li) 1 O 00cv to ti} ti} M M M M M M M M 00 00 00 00 00 00 00 00 d• d• 7; d 7; d d• 7;- 4.n th ti} 00 O M 00 iJ} E N L l M N O Ol h. LCl V" N ry co M LJ '.O h: W 00 O N W � O 0c0 so d- rn N O CO NO on m r0 10 1/40 Vl Vl Vl Vl Vl d- d' d' C th C N aS • e- N M d' Lrl l0 N. 00 O O O H O U a) cc 4� E a) CC3 a 0 Q O C L.r) N E N 0_ z c.,� o o a) v C- — R3 fzu C r0 a _C r(O 0 O O (� �▪ .'` rd c) -o a) s2 Q To 05 (1) X co (r) -4,-) 'a a 4-, E (▪ 76 eL �0 �Do CUC 4- Q) -� -a .C� moo= 0>" (a .C n cu 77) i"._- C O- 1.30(1602189 0 II,",J o a) 0 Shakopee City Council OPEE September 2, 2025 8.b Agenda Item: Hearing for Texas Roadhouse Holdings LLC Regarding Liquor Violations Prepared by: Rick Parsons Reviewed by: Action to be considered: Approve the imposition of a $1,500 fine and a consecutive five-day liquor license suspension, to take place in 2025 with dates set by city staff, for Texas Roadhouse Holdings LLC, dba Texas Roadhouse Motion Type: Simple Majority Background: General Information: All liquor licensed businesses within the City of Shakopee are subject to liquor compliance checks conducted by the City of Shakopee Police Department. Compliance checks are an important component of public safety and help to prevent underage drinking by checking that businesses don't serve alcohol to underage customers. When a liquor licensed business fails a compliance check, a liquor violation occurs. The serving employee is written a citation and the case is processed in the courts; this generally takes 12 months to resolve. Once the case has been resolved, the city proceeds with a public hearing and the enforcement of penalties on the liquor license holder. Penalties are assessed in accordance with City Code Section 114.99, which sets uniform penalties for violations. A license holder may waive their hearing and accept the penalties assessed, or they may request a hearing before the City Council. Texas Roadhouse Holdings LLC, dba Texas Roadhouse, located at 8160 Old Carriage Court, requested a hearing regarding a liquor violation that occurred on May 8, 2024, which involved the sale of alcohol to a minor. This public hearing was set in response to the licensee's request and Texas Roadhouse will appear before the City Council to discuss liquor violations and any potential penalties. The City Council will make the final determination on the assessment of penalties. Violations and Timeline: On or about October 17, 2022, and on or about May 8, 2024, there were violations 127 regarding the sale of alcoholic products to a person under the age of 21 at Texas Roadhouse. Both violations have relevance to this hearing because they impact the severity of the penalty. First Violation (10/17/2022): Pursuant to Section 114.99 of the City Code, a first violation constitutes a $1,000 fine and a one -day license suspension. The one -day license suspension is held in abeyance on the condition that the license holder has no further compliance incidents within one year of the first incident. In the case of Texas Roadhouse, $500 of the $1,000 penalty was also held in abeyance for one year; this happened because the violation occurred prior to a code update eliminating the $500 penalty abeyance. Texas Roadhouse paid the $500 penalty and did not commit an additional liquor violation within the one year timeframe, so they did not need to pay the remaining $500 or serve the one -day suspension. Second Violation (05/08/2024): Pursuant to Section 114.99 of the City Code, a second compliance check failure within three years of a first incident incurs a $1,500 fine and consecutive five-day license suspension. Texas Roadhouse's second violation occurred within three years of the first violation, triggering a $1,500 fine, plus 5 -day license suspension. The letters for each violation notification and penalties, as well as the request for a hearing from Texas Roadhouse LLC, are attached. Code References: City Code 114.08 Minors; Unlawful Acts. A. Consumption. It is unlawful for any: Licensee to permit any minor to consume alcoholic beverages on licensed premises; or Minor to consume alcoholic beverages except in the household of the minor's parent or guardian, and then only with the consent of such parent or guardian. B. Purchasing. It is unlawful for any: Person to sell, barter, furnish, or give alcoholic beverages to a minor unless such person is the parent or guardian of the minor, and then only for consumption in the household of such parent or guardian; Minor to purchase or attempt to purchase any alcoholic beverage; and Person to induce a minor to purchase or procure any alcoholic beverage. C. Possession. It is unlawful for a minor to possess any alcoholic beverage with the intent to consume it at a place other than the household of the minor's parent or guardian. Possession of an alcoholic beverage by a minor at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the parent or guardian. D. Entering licensed premised. It is unlawful for any minor, as defined in this chapter, to enter licensed premises for the purpose of purchasing or consuming any 128 alcoholic beverage. It is not unlawful for any person who has attained the age of 18 years to enter licensed premises for the following purposes: To perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by statute; To consume meals; and To attend social functions that are held in a portion of the establishment where liquor is not sold. It is unlawful for a licensee to permit a person under the age of 18 years to enter licensed premises unless attending a social event at which alcoholic beverages are not served, or in the company of a parent or guardian. E. Misrepresentation of age. It is unlawful for a minor to misrepresent their age for the purpose of purchasing an alcoholic beverage. F. Proof of age. Proof of age for purchasing or consuming alcoholic beverages may be established only by a valid driver's license, a state identification card, or, in the case of a foreign national, by a valid passport. City Code 114.99 A. Every person violates a section, subdivision, paragraph, or provision of this chapter when the person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (2013 Code, § 5.99) B. 1. The purpose of this division (B) is to establish a uniform set of penalties for licensees who furnish or sell alcoholic beverages to minors. The penalties for a first or second incident shall be imposed and administered by the City Administrator upon an admission by the licensee that the licensee furnished or sold an alcoholic beverage to a minor. The penalties for a third or fourth incident may only be imposed by the City Council. 2. The following penalties shall be imposed if a licensee furnishes or sells alcoholic beverages to a minor: a. First incident: $1,000 fine, plus 1 -day license suspension; provided, however, that the day license suspension will be suspended for 1 year on the condition that both the licensee and his or her employees have no further incidents of furnishing, selling or attempting to sell alcoholic beverages to minor; b. Second incident: $1,500 fine, plus 5 -day license suspension; occurring within 3 years of the date of the previous incident; c. Third incident: $2,000 fine and a 15 -day license suspension; occurring within 3 years of the dates of the previous 2 incidents; d. Fourth or subsequent incidents: $3,500 fine and a suspension of the license for a minimum of 30 days or a revocation of the license; occurring within 3 years of the dates of the previous incidents. 3. All multiple -day license suspensions shall run consecutively beginning at 12:01 129 a.m. on the first day of the suspension period and ending at midnight on the last day of the suspension period. 4. Any person whose license to sell alcoholic beverages is revoked under this division (B)(4) may not apply for a new license for at least 30 days after the effective date of the revocation. 5. No suspension or revocation shall be imposed by either the City Council or the City Administrator until the licensee has been afforded an opportunity for a hearing in accordance with § 114.02(D). (2013 Code, § 5.08) Recommendation: Consistent with City Code Section 114.99, which was designed to create consistency in the application of penalties for liquor violations, staff recommends the enforcement of a $1,500 fine and a consecutive five-day liquor license suspension. It is recommended that the license suspension take place in 2025 on dates to be determined by staff. Budget Impact: N/A Attachments: First Violation Letter and Signed Waiver Second Violation Letter and Unsigned Waiver Texas Roadhouse Request for Hearing Letter 130 SHAKOPEE June 1, 2023 Texas Roadhouse Holdings LLC Dba Texas Roadhouse 8160 Old Carriage Ct. N. Shakopee, MN 55379 On or about October 17, 2022, there was an alleged violation regarding unauthorized sale of alcoholic products to a person under the age of 21 at your business. City Records indicate that the alleged violation would be your first violation within three years. The penalty for a first violation is a $1,000 fine and a one -day license suspension, however, $500 of the fine and the one -day license suspension will be suspended for one year on the condition that you have no further incidents of furnishing or selling alcoholic beverages to a minor during that one-year period. If you would like to request a hearing before the City Council, please send a written request to the City Clerk's attention at 485 Gorman St. Holmes St, Shakopee, MN 55379. A date will then be scheduled. However, the City Administrator will impose this penalty if you sign the enclosed form and return it to the City Clerk by June 30, 2023. Payment of the fine must accompany the signed waiver and admission form. If you have any other questions, please feel free to contact the City Clerk at 952-233-9318. Since y, Lori J. Hensen City Clerk 485 Gorman Street Shakopee, MN 55379 (952) 233-9318 131 Total amount due $500 WAIVER AND ADMISSION OF VIOLATION I admit that an unauthorized sale of alcoholic products to a person under the age of 21 occurred at my business, Texas Roadhouse Holdings LLC Dba Texas Roadhouse, 8160 Old Carriage Ct. N., on October 17, 2022. I acknowledge that this violation is the first one in three years at this location. I understand that the penalty for a first violation is a $1,000 fine and a one -clay license suspension, however $500 of the fine and the one -day license suspension will be suspended for one year on the condition that I have no further incidents of furnishing or selling alcoholic beverages to a minor during that one-year period. I waive my right to have the City Council review this matter and I waive my rights to have this matter heard before an independent hearing officer. Dated: June 20 , 2023 Texas Roadhouse oldings LhC Dba Texas S'i `ire Texas Roadhouse Holdings LL.C By: Texas Roadhouse Inc., Its Manager By: Christopher Colson Chief Legal & Admin. Officer and Corporate Secretary 132 VIA OVERNIGHT MAIL May 4, 2023 Shakopee City Clerk ATTN: Lori J. Hensen 485 Gorman Street Shakopee, MN 55379 RE: Texas Roadhouse Holdings LLC -- Violation 8160 Old Carriage Ct. N Dear Ms. Hensen: Please find enclosed the Waiver and Admission of Violation for the ah along with a check in the amount of $500. Should you have any questions or need any additional inform ition. I: t.achel.westphah@tcxasroadhousc.coui or by phone at 502-461-1877. Thank you, Rachel Westphal Licensing Coordinator / Research & Analysis Legal Department „.c -referenced location please contact me at 6040 DUTCHMANS LANE • LOUISVILLE, KY 40205 www.texasroadhouse.com 133 SHAKOPEE June 12, 2025 Texas Roadhouse Holdings LLC. Dba Texas Roadhouse 8160 Old Carriage Court Shakopee, MN 55379 On or about May 8, 2024, there was an alleged violation regarding unauthorized sate of alcoholic products to a person under the age of 21 at your business. City Records indicate that the alleged violation would be your second violation within three years. The penalty for a second violation is a $1,500 fine and a five-day liquor license suspension. If you would like to request a hearing before the City Council, please send a written request to the City Clerk's attention at 485 Gorman St. Holmes St, Shakopee, MN 55379. A date will then be scheduled. However, the City Administrator will impose this penalty if you sign the enclosed form and return it to the City Clerk by July 11, 2025. Payment of a $1,500 fine must accompany the signed waiver and admission form. Suspension of your liquor license must occur between July 11, 2025 and October 31, 2025 and must be consecutive days. Please contact me so we can set your dates of suspension. If you have any other questions, please feel free to contact the City Clerk at 952-233-9318. Richard Parsons City Clerk 485 Gorman Street Shakopee, MN 55379 (952) 233-9318 134 WAIVER AND ADMISSION OF VIOLATION I admit that an unauthorized sale of alcoholic products to a person under the age of 21 occurred at my business, Texas Roadhouse Holdings LLC Dba Texas Roadhouse, 8160 Old Carriage Ct. N., on May 8, 2024. I acknowledge that this violation is the second one in three years at this location. I understand that the penalty for a second violation is a $1,500.00 fine and a five-day license suspension. I understand that the five day suspension must be consecutive, and it must take place between July 11, 2025 and October 31, 2025. I will contact the City Clerk's Office to set the dates of suspension no later than July 11, 2025. I waive my right to have the City Council review this matter and I waive my rights to have this matter heard before an independent hearing officer. Dated: , 2025 Texas Roadhouse Holdings LLC Dba Texas Roadhouse Signature Received Date Signature • Total amount due $1,500 Dates of suspension: TBD 135 VIA OVERNIGHT MAIL July 1, 202.5 Shakopee City Clerk ATTN: Richard Parsons 485 Gorman St. Shakopee, MN 55379 RE: Texas Roadhouse Holdings LLC d/b/a Texas Roadhouse 8160 Old Carriage Court Shakopee, MN 55379 Dear Mr. Parsons: We are in receipt of your letter dated June 12, 2025, regarding a May 8, 2024, alleged violation that occurred at the above-referenced'Texas Roadhouse location. We would like to request a hearing before the City Council regarding this matter, Please I( -a me know when a date has been selected for the hearing. My cout..N: information is bel(A,w. If you have any questions o need arty additional information, please contact me at Iqplika asru whoa .:.:,_Ores or by phone at 502.461-1877. Thank you for your assistance.. Rachel Westphal r ens.irg C'o���id• nalor° / Research. cc Legal .). wrlmenl 5040 DI I C ;11 MANS LANE IV IV IV. AdcC(JL I,WVII:.I:•: 0 II Y 40205 136 Shakopee City Council 11.a OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: City Bill List Becky Smith, Accounting Specialist Action to be considered: Review of City Bill List Motion Type: Informational only Background: The City Bill has been provided to the City Council. Recommendation: Review of City Bill List Budget Impact: N/A Attachments: 137 Shakopee City Council 11.b OPEE September 2, 2025 Agenda Item: Prepared by: Reviewed by: News and Announcements Rick Parsons Action to be considered: No action, item is informational only. Motion Type: Informational only Background: Announcements and Upcoming Events: - Tap 2025 • Tap 2025 is taking place on September 13, 2025 from 1:00 - 5:00 pm in Downtown Shakopee. This event is a craft beer tasting and showcase with more than 40 Minnesota breweries participating. It is hosted by the Shakopee Economic Development Authority. Visit www.tapshakopee.com to learn more and purchase tickets. - Community Center Maintenance Week • The Shakopee Community Center is closed August 30th - September 7th for maintenance week. During this time the Community Center will be installing new cardio equipment, refinishing the wood floors, deep cleaning, and servicing the facility and equipment. - Marystown Road Reconstruction Project • Construction will begin in the coming weeks on the Marystown Road Reconstruction Project. Starting August 25th, the contractor will begin constructing the temporary roadway connecting the Tahpah Park parking lots. On Tuesday September 2nd, the SB US169 on/off ramp will be closed to all traffic for construction of the first phase of the project. This intersection is anticipated to be re -opened to traffic by November 1st. Visit www.MarystownRoad.com to sign up for project updates! - Downtown Lighting Improvements • Work has begun on the 2025 Downtown Lighting Improvements. The project is located along Holmes Street between 1st and 3rd Avenue. The improvements 138 include replacing the existing street lighting system, brick pavers and pedestrian curb ramps and will continue to October. Recommendation: Please review the information on upcoming news and announcements. Budget Impact: N/A. Attachments: 139