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2025-11-18 - AGE - City Council Regular Meeting November 18, 2025 — 6:30 PM Golden Valley City Hall Council Chambers 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.2025 Small Business Saturday Proclamation 1C.Proclamation Recognizing November 19 as GIS Day 1D.New Employee Introductions 1E.Presentation on Reducing Harm Through Collaborative Solutions Final Grant Report 2.Additions and Corrections to Agenda 3.Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 3A.Approval of City Council Meeting Minutes 3B.Approval of City Check Registers 3C.Licenses: 3C.1.Approve Temporary On-Sale Liquor License - Good Shepherd Men's Club - December 6 3D.Bids, Quotes, and Contracts: 3D.1.Approve Contract for Local Improvement of Brookview Park Pickleball Lighting Replacement with DJ Electric Services Inc. 3D.2.Approve Cooperative Services Agreement with the United States Department of Agriculture for Wildlife Management 3D.3.Approve Amendment No. 2 to Law Enforcement Services Agreement with the HCSO 3D.4.Approve Engagement Agreement with Kennedy & Graven Chartered 3D.5.Approve Three Year Contract Extension with Esri for Geographic Information Systems (GIS) Technology CITY COUNCIL REGULAR MEETING AGENDA Members of the public may attend this meeting in-person, by watching on cable channel 16, or by streaming on CCXmedia.org. The public can make in-person statements during public comment sections, including the public forum beginning at 6:20 pm. Individuals may provide public hearing testimony remotely by emailing a request to the City Clerk's office at cityclerk@goldenvalleymn.gov by 3 p.m. on the day of the meeting. City of Golden Valley City Council Regular Meeting November 18, 2025 — 6:30 PM 1 3D.6.Approve Agreement with OpenGov for Enterprise Asset Management (EAM) Software 3D.7.Approve Contract with Westwood Professional Services, Inc. for a Site Survey of Civic Center Campus 3E.Grants and Donations: 3E.1.Adopt Resolution No. 25-107 to Approve Participation in the Metropolitan Council Environmental Services (MCES) 2026 Private Property Inflow and Infiltration (I/I) Grant Program 3F.Adopt Ordinance No. 807 Amending Section 113-27 Board of Zoning Appeals and Section 113-32 Variances and Resolution No. 25-108 Approving Summary Publication 3G.Adopt Ordinance No. 808 Amending Chapter 109 Subdivisions and Resolution No. 25-109 Approving Summary Publication 3H.Adopt Ordinance No. 809 Amending Section 113-1 Definitions, 113-30 Conditional Uses, and Section 113-87 Summary Use Tables and Resolution No. 25-110 Approving Summary Publication 4.Public Hearing - None. 5.Old Business - None. 6.New Business All Ordinances listed under this heading are eligible for public input. 6A.First Consideration of Ordinance No. 810 Establishing the 2026 Fee Schedule 6B.Approve Executive Search Consultant Agreement with GMP Consultants, LLC 6C.Review of Council Calendar 6D.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting November 18, 2025 — 6:30 PM 2 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 1B. 2025 Small Business Saturday Proclamation Prepared By Christine Costello, Housing & Economic Development Manager Summary Small Business Saturday was created to celebrate and support small businesses and all that they do for communities. Originally created in 2010 by American Express and the U.S. Small Business Administration, this day has become an important part of commercial and retail small businesses annual sales. The City of Golden Valley once again has partnered with Hennepin County, for the "Love Local" Campaign to encourage residents to support local businesses that create jobs, boost the local economy, and make our community vibrant and livable. Small Business Saturday falls on the Saturday following Thanksgiving Day and Black Friday, and historically, has helped ensure small businesses are promoted during the holiday shopping season. Golden Valley encourages community members to support local businesses throughout this season and beyond. Financial or Budget Considerations There are no financial considerations associated with this proclamation. Legal Considerations There are no legal considerations associated with this proclamation. Equity Considerations The Small Business Saturday Proclamation along with the partnership with Elevate Hennepin to promote small businesses in Golden Valley through the Love Local campaign contribute to the equity considerations of economic prosperity for all, inclusive and effective community engagement, and providing unbiased programs and services. Recommended Action Proclaim Saturday, November 29, 2025 as Small Business Saturday. Supporting Documents 2025 Small Business Saturday Proclamation 3 CITY OF GOLDEN VALLEY PROCLAMATION FOR 2025 SMALL BUSINESS SATURDAY IN THE CITY OF GOLDEN VALLEY WHEREAS, the City of Golden Valley and Hennepin County celebrate our local small businesses and the contributions they make to our economy and community ; according to the Small Business Administration, 45.9% of the U.S. workforce is employed by small businesses and 84% of small business owners report that this is essential for their holiday revenue; and WHEREAS, the Small Business Administration as well as advocacy groups and other public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday; and WHEREAS, the City of Golden Valley has partnered with Hennepin County to support Small Business Saturday with the multijurisdictional Love Local campaign which encourages residents to support local, independently owned businesses and the business districts that create jobs, boost the local economy, and make our communities vibrant and livable; and WHEREAS, it is important to support Golden Valley’s small businesses, for the key role they play in strengthening our local economy. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley does hereby declare that November 29, 2025, as “Small Business Saturday” and calls upon the people of the Golden Valley to shop local. I, Mayor Roslyn Harmon, proudly certify this proclamation with my signature and the seal of the City of Golden Valley on November 19th, 2025. _____________________________ Roslyn Harmon, Mayor 4 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 1C. Proclamation Recognizing November 19 as GIS Day Prepared By Jacquelyn Kramer, Senior Planner Heather Hegi, GIS and Asset Management Coordinator Summary Geographic Information Systems (GIS) Day is a global annual event celebrating maps and GIS based technologies. The City of Golden Valley has been an early adopter and leader in the use of GIS technology. Having a day promoting GIS to students, residents, and government leaders will help promote STEM education and inspire others to a higher calling to use technology for good. Financial or Budget Considerations There are no financial considerations associated with this proclamation. Legal Considerations There are no legal considerations associated with this proclamation. Equity Considerations GIS gives us tools to visualize statistics such as census data or see what areas of the city have fewer trees. It allows us to visualize and understand current conditions so we may make informed decisions to advance equity in the future. It gives us tools to help advise us to meet the equity plan and four key pillars. Recommended Action Present a proclamation recognizing November 19 as GIS Day. Supporting Documents Proclamation For GIS Day - November 19, 2025 5 CITY OF GOLDEN VALLEY PROCLAMATION CELEBRATING GIS DAY NOVEMBER 19, 2025 WHEREAS, the City of Golden Valley recognizes that an understanding, utilization, and application of geospatial technology is crucial to operating our infrastructure, sustaining our natural resources, and stimulating economic growth, thus, benefiting the welfare of the general public throughout the city; and WHEREAS, geographic information systems (GIS) technology allows us to see and model complex relationships and patterns to more intelligently plan and respond; and WHEREAS, GIS technology allows our staff to perform work efficiently and effectively, keep track of work completed, and plan future work, thus, resulting in cost savings and quality customer service; and WHEREAS, the City of Golden Valley is committed to utilizing GIS to inform decision making and better serve its residents and make useful geographic information open and easily available to the public, as a platform for communication and innovation; and WHERAS, GIS Day is a global annual event celebrating maps and GIS based technologies on the third Wednesday of November; and WHEREAS, the City of Golden Valley has been an early adopter and leader in the use of GIS technology; and WHEREAS, having a day promoting GIS to students, residents, and government leaders will help promote STEM education and inspire others to a higher calling to use technology for good; and WHEREAS, there is a need to promote GIS awareness, education, and technical training to use this rapidly developing technology to its full potential. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley does hereby proclaim November 19th as “GIS Day” and call upon the people of Golden Valley to recognize the importance of GIS Technology. I, Mayor Roslyn Harmon, proudly certify this proclamation with my signature and the seal of the City of Golden Valley on November 18th, 2025. _____________________________ Roslyn Harmon, Mayor 6 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 1D. New Employee Introductions Prepared By Andrea Connolly-Dees, Executive Assistant Summary This meeting will include the following new employee introductions: Human Resources Director, Dr. John Miller, will introduce Aida Hasic, Human Resources Intern Public Works Director, Tim Kieffer, will introduce Jason Ewell, Utility Maintenance Superintendent Fire Chief Bethany Brunsell, will introduce Nicholas Anderson, Fire Inspector Legal Considerations Legal review is not required on this item. Equity Considerations Equity review is not required on this item. Recommended Action No action is required on this item. 7 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 1E. Presentation on Reducing Harm Through Collaborative Solutions Final Grant Report Prepared By Kirsten Santelices, Deputy City Manager Summary Since 2021 the City of Golden Valley has been working toward achieving several initiatives within the Reducing Harm through Collaborative Solutions grant, provided by the Pohlad Family Foundation. In collaboration with community and with the support of organizational partners, the City committed to innovating its public safety services. This report is a compilation of documents and photos that underscores the hard work of everyone involved in this initiative. A direct link to the report referenced above: https://www.flipsnack.com/goldenvalleymn/reducing-harm-through-collaborative-solutions-2025- report Financial or Budget Considerations No financial considerations for this presentation. Legal Considerations There are no legal considerations for this presentation. Equity Considerations Equity has been at the center of this work, making sure that voices from across the community— especially those not always heard—helped guide the process. The City focused on listening, learning, and working together to improve public safety services for everyone. Recommended Action Receive a Presentation on Reducing Harm through Collaborative Solutions Final Grant Report. 8 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 3A. Approval of City Council Meeting Minutes Prepared By Theresa Schyma, City Clerk Summary The following minutes are available to view on the City's public Laserfiche site : November 5, 2025 Regular City Council Meeting November 12, 2025 City Council Special Meeting (canvass election) A direct link to the folder with the documents referenced above is: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx? id=1056192&dbid=0&repo=GoldenValley Legal Considerations This item did not require legal review. Equity Considerations This item did not require equity review. Recommended Action Motion to approve City Council meeting minutes as submitted. 9 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 3B. Approval of City Check Registers Prepared By Jennifer Hoffman, Assistant Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Document is located on city website at the following location: http://weblink.ci.golden- valley.mn.us/WebLink/Browse.aspx?id=1060600&dbid=0&repo=GoldenValley The check register(s) for approval: 11-05-2025 Check Register 11-12-2025 Check Register Financial or Budget Considerations The check register is attached with the financing sources at the front of the document. Each check has a program code(s) where it was charged. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 10 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 3C.1. Approve Temporary On-Sale Liquor License - Good Shepherd Men's Club - December 6 Prepared By Theresa Schyma, City Clerk Summary The Good Shepherd Men's Club has applied for a temporary on-sale liquor license for a Christmas Market on Saturday, December 6, 2025 at Good Shepherd Catholic Church, 145 Jersey Avenue South. Golden Valley City Code does allow temporary on-sale liquor licenses to be issued to a club or charitable, religious, or other nonprofit organization with Council approval. A certificate of liability insurance naming the City as an additional insured is also required and must be provided by the applicant before a license will be issued by the State's Alcohol and Gambling Enforcement Division (AGE). Financial or Budget Considerations Fees received for temporary liquor licenses help to defray costs the City incurs to administer license requirements. Legal Considerations This item does not require legal review. Equity Considerations Approving temporary on-sale licenses gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to approve a temporary on-sale liquor license for the Good Shepherd Men's Club for their Christmas Market on Saturday, December 6, 2025 at Good Shepherd Catholic Church, 145 Jersey Avenue South. 11 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 3D.1. Approve Contract for Local Improvement of Brookview Park Pickleball Lighting Replacement with DJ Electric Services Inc. Prepared By Greg Simmons, Parks and Recreation Assistant Director Summary After the conversion of two tennis courts to six pickleball courts at Brookview Park, staff began soliciting bids to add lights for expanded playing hours of the courts. Quotes were solicited for this project with the City receiving two proposals ranging from $54,158 to $57,785. Staff recommend awarding the contract to the lowest proposal by DJ Electric Services Inc. for $54,158 to trench and install electric, install concrete bases, and provide and install light poles and heads. Financial or Budget Considerations The 2025-2034 Capital Improvement Program Park Section includes $100,000 for Park LED Light Replacements (P-037) as well as remaining funds from the Tennis & Pickleball Court Improvements (P- 018). Legal Considerations Agreement for Local Improvement has been reviewed and approved by the City Attorney. Equity Considerations Providing unbiased programs and services through infrastructure that supports and advances diversity, equity, and inclusion in all Golden Valley parks. Recommended Action Motion to approve contract for addition of lights at Brookview Park Pickleball Courts in the amount of $54,158 with DJ Electric Services Inc. Supporting Documents Brookview Pickleball Lighting Agreement with DJ Electric Services Inc.pdf 12 1 CONTRACT FOR LOCAL IMPROVEMENT DJ Electric Services Inc. THIS AGREEMENT is made this 18th day of November, 2025 (the “Effective Date”) by and between DJ Electric Services Inc. located at 7505 Ocean Avenue NE, Otsego, MN 55330 -1166 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of electrical services. B. The City desires to hire Contractor to provide and install lights for the pickleball courts at Brookview Park, Golden Valley, located at 200 Brookview Pkwy. N. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1. The Work. Contractor shall perform the work more fully described in the attached Exhibits A, B, and C (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2. Time for Completion. Contractor shall commence Work not later than May 1, 2026. Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s engineer on or before June 1, 2026 (the “Contract Time”). Contractor shall to notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3. Consideration. The consideration, which the City shall pay to Contractor, shall not exceed $54,158.00. The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty-five (35) days after receiving a statement from Contractor. 13 2 4. Permits. Contractor shall obtain, at its sole cost, all permits required for the performance of the Work. 5. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 6. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 7. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 8. Approvals. Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 9. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 14 3 10. Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts the completed Work (the “Final Completion Date”). 11. Warranty. Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 12. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between final payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 15 4 13. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 14. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 15. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 16. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 17. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 18. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: 16 5 a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products -completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and v. Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 19. Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 20. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 17 6 21. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 22. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulatfons in effect as of the date Contractor agrees to provide the Services. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatfves, and subcontractors shall abide by the City's policies prohibitfng sexual harassment and tobacco, drug, and alcohol use as defined in the City’s Respectiul Work Place Policy, and Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulatfng the conduct of persons on City property, at all tfmes while performing dutfes pursuant to this Agreement. Contractor agrees and understands that a violatfon of any of these policies, procedures, or rules constftutes a breach of the Agreement and sufficient grounds for immediate terminatfon of the Agreement by the City. 23. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 24. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 25. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 26. Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 18 7 27. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 28. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 29. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 30. No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender, gender identity, gender expression, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 31. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Greg Simmons, or designee. Contractor’s authorized agent for purposes of administration of this contract is Dan Johnson, or designee who shall perform or supervise the performance of all Work. 32. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY DJ Electric Services Inc. 7505 Ocean Ave NE Otsego, MN 55330 djelectricsrvsinc@hotmail.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 gsimmons@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 19 8 33. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 34. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 35. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 36. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 37. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 38. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 39. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. 20 9 IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. DJ ELECTRIC SERVICES INC.: CITY OF GOLDEN VALLEY: By: _________________________________ Dan Johnson President By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 21 EXHIBIT A SCOPE OF WORK: Power Trenching 22 EXHIBIT B SCOPE OF WORK: Concrete Bases 23 EXHIBIT C SCOPE OF WORK: Light Poles and Heads 24 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 3D.2. Approve Cooperative Services Agreement with the United States Department of Agriculture for Wildlife Management Prepared By Greg Simmons, Parks and Recreation Assistant Director Summary Staff are recommending a continued partnership with the United States Department of Agriculture to assist the City in managing nuisance and damaging wildlife species within the City of Golden Valley’s jurisdiction. Financial or Budget Considerations This is a budget item included in the Parks and Recreation Administration budget. Legal Considerations Cooperative Services has been reviewed and approved by the City Attorney. Equity Considerations Providing unbiased programs and services through services that supports and advances diversity, equity, and inclusion in all Golden Valley parks. Recommended Action Motion to approve cooperative services agreement with the United States Department of Agriculture for Wildlife Management not to exceed $33,171.92 over three years. Supporting Documents City of Golden Valley-2025-2028-Deer and nuisance CSA.pdf 25 Version 7/2019 WS Agreement Number: 26 7227 8054 RA WBS: AP.RA.RX27.72.4869 [optional] Cooperator PO: _________________ 1 COOPERATIVE SERVICE AGREEMENT between THE CITY OF GOLDEN VALLEY, MN and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS) ARTICLE 1 – PURPOSE The purpose of this Cooperative Service Agreement is to cooperate in a wildlife damage management project as described in the attached Work Plan. ARTICLE 2 – AUTHORITY APHIS-WS has statutory authority under the Acts of March 2, 1931, 46 Stat. 1468-69, 7 U.S.C. §§ 8351-8352, as amended, and December 22, 1987, Public Law No. 100-202, § 101(k), 101 Stat. 1329-331, 7 U.S.C. § 8353, to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions while conducting a program of wildlife services involving mammal and bird species that are reservoirs for zoonotic diseases, or animal species that are injurious and/or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry, wildlife, and human health and safety. ARTICLE 3 - MUTUAL RESPONSIBILITIES APHIS-WS and City of Golden Valley mutually understand and agree to/that: 1.APHIS-WS shall perform services set forth in the Work Plan, which is attached hereto and made a part hereof. The parties may mutually agree in writing, at any time during the term of this agreement, to amend, modify, add or delete services from the Work Plan. 2.The Cooperator certifies that APHIS-WS has advised the Cooperator there may be private sector service providers available to provide wildlife damage management (WDM) services that the Cooperator is seeking from APHIS-WS. 3. There will be no equipment with a procurement price of $5,000 or more per unit purchased directly with funds from the cooperator for use on this project. All other equipment purchased for the program is and will remain the property of APHIS-WS. 4. The cooperating parties agree to coordinate with each other before responding to media requests on work associated with this project. 26 2 ARTICLE 4 - COOPERATOR RESPONSIBILITIES City of Golden Valley agrees: 1. To designate the following as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement; City of Golden Valley: Greg Simmons, Parks and Recreation Assistant Director 316 Brookview Parkway South Golden Valley, MN 55426 763-512-2367 2. To authorize APHIS-WS to conduct direct control activities as defined in the Work Plan. APHIS-WS will be considered an invitee on the lands controlled by the City of Golden Valley. The City of Golden Valley will be required to exercise reasonable care to warn APHIS-WS as to dangerous conditions or activities in the project areas. 3. To reimburse APHIS-WS for costs, not to exceed the annually approved amount specified in the Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan, the agreement with amended Work Plan and Financial Plan shall be formally revised and signed by both parties before services resulting in additional costs are performed. The Cooperator agrees to pay all costs of services submitted via an invoice from APHIS-WS within 30 days of the date of the submitted invoice(s). Late payments are subject to interest, penalties, and administrative charges and costs as set forth under the Debt Collection Improvement Act of 1996. 4. To provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection Improvement Act of 1996. 5. As a condition of this agreement, the Cooperator ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt. 6. To notify APHIS-WS verbally or in writing as far in advance as practical of the date and time of any proposed meeting related to the program. 7. The Cooperator acknowledges that APHIS-WS shall be responsible for administration of APHIS-WS activities and supervision of APHIS-WS personnel. 8. To obtain the appropriate permits for removal activities for species listed in the Work Plan and list USDA, APHIS, Wildlife Services as subpermitees. 9. The Cooperator will not be connected to the USDA APHIS computer network(s). 10. To coordinate with Wildlife Services for the removal and/or disposal of wildlife species removed. 27 3 ARTICLE 5 – APHIS-WS RESPONSIBILITIES APHIS-WS Agrees: 1. To designate the following as the APHIS-WS authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement. Gary Nohrenberg, State Director 644 Bayfield St., Ste. 215 St. Paul, MN 55107 Phone: 651-224-6027 gary.nohrenberg@usda.gov 2.To conduct activities at sites designated by Cooperator as described in the Work and Financial Plans. APHIS-WS will provide qualified personnel and other resources necessary to implement the approved WDM activities delineated in the Work Plan and Financial Plan of this agreement. 3.That the performance of wildlife damage management actions by APHIS-WS under this agreement is contingent upon a determination by APHIS-WS that such actions are in compliance with the National Environmental Policy Act, Endangered Species Act, and any other applicable federal statutes. APHIS-WS will not make a final decision to conduct requested wildlife damage management actions until it has made the determination of such compliance. 4.To invoice the City of Golden Valley quarterly for actual costs incurred by APHIS-WS during the performance of services agreed upon and specified in the Work Plan. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to inspect the accounts and records of APHIS-WS pertaining to such claims for reimbursement to the extent permitted by Federal law and regulations. ARTICLE 6 – CONTINGENCY STATEMENT This agreement is contingent upon the passage by Congress of an appropriation from which expenditures may be legally met and shall not obligate APHIS-WS upon failure of Congress to so appropriate. This agreement may also be reduced or terminated if Congress only provides APHIS- WS funds for a finite period under a Continuing Resolution. ARTICLE 7 – NON-EXCLUSIVE SERVICE CLAUSE Nothing in this agreement shall prevent APHIS-WS from entering into separate agreements with any other organization or individual for the purpose of providing wildlife damage management services exclusive of those provided for under this agreement. 28 4 ARTICLE 8 – CONGRESSIONAL RESTRICTIONS Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this agreement or to any benefit to arise therefrom. ARTICLE 9 – LAWS AND REGULATIONS This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C. 6304). In this agreement, APHIS-WS provides goods or services on a cost recovery basis to nonfederal recipients, in accordance with all applicable laws, regulations and policies. ARTICLE 10 – LIABILITY APHIS-WS assumes no liability for any actions or activities conducted under this agreement except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 U.S.C. 1346(b), 2401(b), and 2671-2680). ARTICLE 11 – NON-DISCRIMINATION CLAUSE The United States Department of Agriculture prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. Not all prohibited bases apply to all programs. ARTICLE 12 - DURATION, REVISIONS, EXTENSIONS, AND TERMINATIONS This agreement shall become effective on December 1st, 2025, and shall continue through September 30th, 2028. This Cooperative Service Agreement may be amended by mutual agreement of the parties in writing. The Cooperator must submit a written request to extend the end date at least 10 days prior to expiration of the agreement. Also, this agreement may be terminated at any time by mutual agreement of the parties in writing, or by one party provided that party notifies the other in writing at least 60 days prior to effecting such action. Further, in the event the Cooperator does not provide necessary funds, APHIS-WS is relieved of the obligation to provide services under this agreement. 29 5 In accordance with the Debt Collection Improvement Act of 1996, the Department of Treasury requires a Taxpayer Identification Number for individuals or businesses conducting business with the agency. Cooperator’s Tax ID No.: 41-6005190 APHIS-WS’s Tax ID: 41-0696271 CITY OF GOLDEN VALLEY, MN: _______________________________________ _______________________ Roslyn Harmon, Mayor Date City of Golden Valley 7800 Golden Valley Rd Golden Valley, MN 55427 _______________________________________ _______________________ Noah Schuchman, City Manager Date City of Golden Valley 7800 Golden Valley Rd Golden Valley, MN 55427 UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES _______________________________________ _______________________ Gary Nohrenberg, State Director Date USDA, APHIS, WS 644 Bayfield St., Suite 215 St. Paul, MN 55107 _______________________________________ _______________________ Keith Wehner Date Director, Eastern Region USDA, APHIS, WS 920 Main Campus Drive Suite 200 Raleigh, NC 27606 30 6 WORK PLAN Introduction In accordance with the Cooperative Service Agreement between The City of Golden Valley and the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities and budget of this project during the period of this agreement. Program Objective To assist the City of Golden Valley, MN in managing nuisance and damaging wildlife species within the City of Golden Valley’s jurisdiction. Plan of Action WS personnel will remove deer from City-designated control areas using suppressed firearms equipped with night vision or thermal imaging scopes. Spotlights may also be used while conducting control activities. Safe shooting zones and safe back-drops will be established for all control areas. WS will prioritize public safety during all control operations and utilize a minimum of 2 WS personnel when conducting deer control work. Most deer control activities will be conducted at dusk/night. All control activities will be coordinated with Greg Simmons or his designee(s). WS personnel will advise local law enforcement and the appropriate local Minnesota Department of Natural Resources Conservation officer when firearm related wildlife control work is being conducted. Under this agreement, WS will provide up to 4 control nights and associated bait/maintenance visits to conduct white-tailed deer control activities or other nuisance/damaging wildlife site visits per year. The number of site visits provided may be altered to ensure that funding expenditures do not exceed the amount established in the Financial Plan (Attachment B) of this document. As part of this agreement, WS will also remove or assist in the removal of other nuisance or damaging wildlife species as requested by the City and mutually agreed upon. WS will use generally accepted wildlife damage management tools, equipment and techniques to conduct all removal activities under this agreement. 31 7 FINANCIAL PLAN December 1, 2025 – November 30, 2026 Estimated Costs: Cost Element Full Cost Personnel Compensation 6,390.80 Travel 0 Vehicle fuel/use/maintenance 637.00 Other Services Supplies, Materials and Equipment 1400.00 Subtotal (Direct Charges) 8,427.80 Pooled Job Costs 11.00% 927.06 Indirect Costs 16.15% 1,361.09 Agreement Total 10,715.95 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed the total of $10,715.95 for December 1, 2025 – November 30, 2026. December 1, 2026 – November 30, 2027 Estimated Costs: Cost Element Full Cost Personnel Compensation 6,585.00 Travel 0 Vehicle fuel/use/maintenance 672.00 Other Services Supplies, Materials and Equipment 1,400.00 Subtotal (Direct Charges) 8,657.00 Pooled Job Costs 11.00% 952.27 Indirect Costs 16.15% 1,398.11 Agreement Total 11,007.38 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed the total of $11,007.38 for December 1, 2026 – November 30, 2027. 32 8 December 1, 2027 – September 30, 2028 Estimated Costs: Cost Element Full Cost Personnel Compensation 6,789.00 Travel 0 Vehicle fuel/use/maintenance 715.00 Other Services Supplies, Materials and Equipment 1500.00 Subtotal (Direct Charges) 9,004.00 Pooled Job Costs 11.00% 990.44 Indirect Costs 16.15% 1,454.15 Agreement Total 11,448.59 The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed the total of $11,448.59 for December 1, 2027 – September 30, 2028. Financial Point of Contact/Billing Address: APHIS-WS: City of Golden Valley, MN Connie Timm Greg Simmons 34912 U.S. Hwy. 2 316 Brookview Parkway South Grand Rapids, MN 55744 Golden Valley, MN 55426 218-327-3350 763-512-2367 Constance.l.timm@usda.gov 33 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 3D.3. Approve Amendment No. 2 to Law Enforcement Services Agreement with the HCSO Prepared By Brittany Froberg, Police Support Services Supervisor Matt Clark, Interim Police Chief Summary The Golden Valley Police Department is currently collaborating with the Hennepin County Sheriff's Office which provides a Sheriff deputy, occasionally, for supplemental staffing to the Golden Valley Police Department on an as needed basis from January 1, 2026 - December 31, 2026. Financial or Budget Considerations Requests for services from HCSO will be heavily monitored and utilized only when necessary to maintain Golden Valley Police Department minimal staffing level requirements. Legal Considerations The Legal Department has reviewed this agreement. Equity Considerations This agreement was previously reviewed and approved for equity. This agreement extension request does not effect the previously approved equity review. Recommended Action Motion to approve Amendment No. 2 to Law Enforcement Services Agreement A2412704 with the Hennepin County Sheriff's Office. Supporting Documents HCSO 12312026 Contract Amd 2 A2412704 Golden Valley LE HCSO - GVPD - Law Enforcement Services Agreement A2412704 - signed 34 Contract No: A2412704 Amendment: 2 Page 1 of 2 AMENDMENT NO. 2 TO AGREEMENT NO. A2412704 This Amendment No. 2 to Agreement No. A2412704 is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487, (“COUNTY”), on behalf of the Hennepin County Sheriff’s Office (“HSCO”), and the City of Golden Valley (“CITY”), 7800 Golden Valley Road, Golden Valley, Minnesota 55427. The parties agree that Agreement No. A2412704, including prior amendments if any, is amended as follows: 1. Section 1, TERM, shall be amended to read: “COUNTY shall provide Services (as defined herein) commencing January 1, 2025 and ending at midnight on December 31, 2026, unless terminated sooner pursuant to the provisions herein.” 2. Paragraph 3 of Section 2, SERVICES AND OBLIGATIONS, shall be amended to read: “Unless the parties otherwise agree, COUNTY will make its best effort to provide deputies, on an overtime basis, to provide Services on behalf of CITY throughout the term of this agreement. In the event COUNTY is unable to identify deputies to provide Services for any full or partial shift, no hours will be invoiced for the hours not worked. COUNTY shall not be obligated to perform any minimum hours of Services per day. However, upon CITY’s request or as HCSO determines necessary to keep the peace and/or fulfill its obligations hereunder, HCSO may performs Services beyond the scope of this agreement. As long as said additional Services are within the scope of Services, the additional services shall be a non-material modification to this Agreement not requiring an amendment so long as the additional Services do not alter the character of the Services contemplated herein.” 3. Attachment 1, Rates for Services, shall be amended to include: “For Services performed between January 1, 2026 and December 31, 2026 and according to the provisions in the Agreement, the following rates shall apply: Overtime Rate 1) Sheriff’s Deputy $99.95/hour 2) Sheriff’s Crime Scene Investigator $104.96/hour 3) Sheriff’s Detective $110.21/hour 4) Sheriff’s Sergeant $121.50/hour 5) Sheriff’s Lieutenant $133.95/hour 6) Sheriff’s Captain $147.69/hour” This Amendment shall be effective December 31, 2025. 35 Contract No: A2412704 Amendment: 2 Page 2 of 2 Except as herein amended, the terms, conditions and provisions of Agreement No. A2412704, including prior amendments if any, shall remain in full force and effect. 36 1 Contract No: A2412704 LAW ENFORCEMENT SERVICES AGREEMENT COUNTY Golden Valley 7800 Golden Valley Road, Golden Valley, Minnesota 55427. Pursuant to the foregoing, the parties agree as follows: 1. TERM COUNTY shall provide Services (as defined herein) commencing January 1, 2025 and ending at midnight on June 30, 2025, unless terminated sooner pursuant to the provisions herein. 2. SERVICES AND OBLIGATIONS Pursuant to the terms herein, COUNTY, by and through HCSO, shall exercise best efforts related services for CITY in and around the geographical boundaries of the City of Golden Valley as more Services shall encompass only those duties and functions that are within the jurisdiction of and customarily rendered by HCSO in accordance with applicable law, including but not limited to enforcement, investigation, emergency response, duties authorized by law, proactive patrol, response to calls for public safety services, crime prevention, investigation of criminal activity, assistance with local and state prosecutions, and other agreed upon duties. Unless the parties otherwise agree, COUNTY will make its best effort to provide two deputies, on an overtime basis, to provide Services on behalf of CITY during the dayshift hours of 6:00 am to 6:00 pm throughout the term of this agreement. In the event COUNTY is unable to identify deputies to provide Services for any full or partial shift, no hours will be invoiced for the hours no worked. COUNTY shall not be obligated to perform any minimum HCSO determines necessary to keep the peace and/or fulfill its obligations hereunder, HCSO may performs Services beyond the scope of this agreement. As long as said additional Services are within the scope of Services, the additional services shall be a non-material modification to this Agreement not requiring an amendment so long as the additional Services do not alter the character of the Services contemplated herein. To the extent Services include enforcement of the regulatory ordinances duly adopted by the governing body of the CITY, CITY will provide HCSO with a sufficient number of complete and current copies of said regulatory ordinances. 37 2 HCSO and its assigned Deputies shall work collaboratively with CITY law enforcement personnel. However, the parties expressly acknowledge and agree that HCSO is not responsible for command or control of any CITY personnel, including but not limited to CITY law enforcement personnel. HCSO shall be solely responsible for identifying and supplying Deputies with equipment and supplies necessary to perform Services, including, as HCSO deems appropriate, a seasonally appropriate patrol uniform of the day, service belts, HCSO radio equipment, service weapon, personal soft ballistic body armor, and traffic vests. Deputies shall perform Services and related law enforcement activity, including policies, and procedures as well as applicable law. Unless the parties otherwise agree, HCSO shall be solely responsible for and shall arrange transport and/or booking of any arrested/detained individuals which may include transportation to, and supervision during, necessary medical treatment. For clarification and not limitation, nothing herein is intended to nor shall be construed as modifying, altering, waiving, releasing or otherwise affecting in any manner whatsoever any duties or obligations imposed by nd procedures or by applicable law. HCSO shall be solely responsible for the selection and assignment of Deputies and other personnel to perform the Services. The parties acknowledge and agree that resource availability requires HCSO to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, performing the Services. That prioritization decision belongs solely to HCSO. HCSO may, at any time, HCSO shall be exclusively responsible for deputy performance standards, the discipline of Deputies, and other matters incidental to the performance of Services including the right to control assigned Deputies. CITY shall refer concerns about assigned Deputies, including instances of alleged misconduct or other disciplinary matters, to Major Dan HCSO will retain sole authority and responsibility for discipline of Deputies. In the event of any actual or alleged unusual incidents, emergencies, and/or controversial situations which arise in relation hereto, each party shall immediately report such incidents to the other party and shall immediately cooperate, collaborate, and coordinate with the other party to investigate, remedy and/or respond to the same. For purpose of this paragraph "unusual incident, emergency, or controversial situations" include but are not limited to any actual or alleged assault, sexual assault/misconduct, excessive force, or other act of violence, by a party, a party's personnel or agent(s), a prisoner, or any third party, any escape or attempted escape of a prisoner or any other breach of security, any excessive delay in the transportation of a prisoner, and any refusal of any party to release a prisoner as authorized or directed by applicable law. For clarification and not limitation of the provisions herein, including the Promotional Materials obligations below, the parties shall cooperate, collaborate, and coordinate any outward facing communications regarding any unusual incident, emergency, or controversial situation. 38 3 CITY shall at its sole expense supply any special stationary, supplies, notices or forms which are to be issued by HCSO in the name of the CITY in connection with the Services. HCSO shall provide Services from HCSO owned, operated, or accessible facilities. However, CITY may, in its sole discretion, elect to provide one or more alternative/additional facilities for use by HCSO, including but not limited to providing necessary space, furnishings, utilities and other equipment and services necessary and directly incidental to the existence and operation of said facility. If such facility is established by the CITY and maintained within the geographic limits of the CITY, such and functions beyond performing Services, including law enforcement and other related legal obligations beyond the geographic limits of the CITY, provided, however, that the performance of such duties and functions shall not be at any additional cost to the CITY. 3. PAYMENT FOR SERVICES COUNTY shall invoice and CITY shall pay COUNTY for each hour of Services actually performed hereunder at the rates set forth in Attachment A. CITY shall pay invoiced amounts within thirty (30) days from receipt of the invoice. 4. NO AGENCY RELATIONSHIP The parties agree that nothing herein contained is intended or should be construed in parties hereto or as constituting either party as an agent, representative, or employee of the other for any purposes or in any manner whatsoever. Each party is to be and shall remain an independent contractor with respect to all Services performed under this Agreement. 5. INDEMNIFICATION AND LIMITATION OF LIABILITY intentional, willful or wanton acts, CITY shall defend, indemnify, and hold harmless COUNTY, its present and former officials, officers, agents, volunteers and employees, including but not limited to individual Deputies to the extent they are individually/personally named in any action, from any liability, claims, injury, damages, from federal law, including but not limited to 42 U.S.C. §1983, Monell claims, fees and costs under 42 U.S.C. § 1988, to the extent arising out of, in the course and scope of, and directly and proximately caused by the performance of Services under this or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable, and (iii) against all loss by reason of the failure of CITY to perform any obligation under this Agreement. 39 4 The parties expressly agree that, with respect to the resolution of any matter subject to stipulate to any liability, wrongdoing, negligence, etc., to the other party, without such EXCEPT FOR LIABILITY, CLAIMS, INJURY, DAMAGES, COSTS OR EXPENSES RESULTING LIABLE FOR ANY LOSS, LIABILITY, DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF THE PARTIES HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORSEEABLE. Liability of the CITY and COUNTY shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466, and other applicable laws. Notwithstanding the above, the CITY shall not be required to defend and indemnify the COUNTY if any individual Deputy fails to cooperate, collaborate, or coordinate with CITY personnel as required by this Agreement. 40 5 6. DATA PRACTICES Each party and its officers, agents, owners, partners, employees, volunteers and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the Minnesota Health Records Act, Minnesota Statutes, §144.291 et seq., the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 7. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 8. DEFAULT AND CANCELLATION If either party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. may upon written notice immediately cancel or terminate this Agreement in its entirety. This Agreement may be canceled with or without cause by either party upon thirty (30) day written notice. Any remedies expressly set forth herein, including but not limited to the right to terminate this Agreement, shall be in addition to any other right or remedy available to the party under this Agreement, law, statute, rule, and/or equity. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: SERVICES AND OBLIGATIONS; NO AGENCY RELATIONSHIP; INDEMNIFICATION AND LIMITATION OF LIABILITY; DATA PRACTICES; DEFAULT AND CANCELLATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 41 6 9. CONTRACT ADMINISTRATION Major Shane Magnuson, 612-348-0333, or successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and CITY. Alice White Assistant Chief of Police, City of Golden Valley, 7800 Golden Valley Road, Golden Valley, Minnesota 55427, 12-2502, awhite@goldenvalleymn.gov, or successor, shall manage the agreement on behalf of the CITY and serve as liaison between the CITY and COUNTY. Either party may replace such person but shall immediately give written notice to the other party of the name, phone number and fax number (if available) of such substitute person and of any other subsequent substitute person. 10. COMPLIANCE WITH APPLICABLE LAW Each party shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. 11. NOTICES Any notice or demand which must be given or made by a party under this Agreement, or any statute or ordinance, shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the Hennepin County Administrator A2300, Hennepin County Government Center, 300 South Sixth St, Minneapolis, Minnesota 55415 with a copy to HCSO at the address given in the opening paragraph of the Agreement. Notice to CITY shall be sent to the address stated in the opening paragraph of the Agreement. 12. MEDIA OUTREACH CITY shall notify HCSO, prior to publication, release or occurrence of any Outreach (as defined below). The parties shall coordinate to produce collaborative and mutually acceptable Outreach. For clarification and not limitation, all Outreach shall be approved by HCSO, by and through the Lead Officer or their designee(s), prior to publication or release. releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities and other forms of outreach created by, [Dave] Hutchins derivative thereof; or (ii) that directly or indirectly relate to, reference or concern the County of Hennepin, this Agreement, the services performed hereunder or COUNTY personnel, including but not limited to COUNTY employees and elected officials. 42 7 13. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 43 8 SIGNATURE AUTHORIZATION Reviewed for COUNTY by theCounty Office: By: ____________________ Michael Bernard COUNTYOFHENNEPIN STATE OF MINNESOTA By: Grace Helgerson CountyAdministrationClerk HENNEPINCOUNTY OFFICE By: David Hough CountyAdministrator By: ____________________ Patrick Enderlein Chief Deputy HennepinCounty Office CITY OF GOLDEN VALLEY By: _________________________________ Noah Schuchman, City Manager By:______________________________________ Roslyn Harmon, Mayor Date:Date: Date: Date: 02/07/2025 02/20/2025 02/25/2025 02/28/2025 03/05/2025 03/05/2025 44 9 ATTACHMENT A RATES FOR SERVICES I. As further described in the Agreement, COUNTY personnel shall be paid the following hourly rate for each of Services performed hereunder: For Services performed between January 1, 2025 and June 30, 2025 and according to the provisions in the Agreement, the following rates shall apply: Overtime Rate 1) Deputy $95.77/hour 2) Crime Scene Investigator $100.56/hour $105.59/hour 4) Sergeant $116.41/hour 5) Lieutenant $128.34/hour 6) Captain $141.50/hour Notwithstanding the foregoing established rates, the parties expressly acknowledge and agree changes resulting from changes in collective bargaining or other applicable contracts. COUNTY shall give CITY written notice of any applicable adjustment in rates. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 45 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 3D.4. Approve Engagement Agreement with Kennedy & Graven Chartered Prepared By Maria Cisneros, City Attorney Summary This is an engagement agreement with Kennedy & Graven Chartered to perform eminent domain services related to site acquisition for the East Fire Station. Financial or Budget Considerations All costs for these services will be paid out of existing capital project budgets. No new funding is required. Legal Considerations The engagement agreement has been reviewed and approved by the City Attorney. Equity Considerations City facilities are crucial to the successful operation of public services. Facilities need to address the diverse needs of residents and employees not only today, but decades into the future. Upon acquisition of the site, the City will engage with a design team that will be required to focus on equity considerations in the building and site design. Recommended Action Motion to approve an engagement agreement with Kennedy & Graven Chartered. Supporting Documents Engagement Agreement with Kennedy & Graven - Fire Station Site Acquisition 46 Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Peter G. Mikhail Attorney at Law Direct Dial: (612) 337-9290 Email: pmikhail@kennedy-graven.com September 16, 2025 VIA EMAIL ONLY City of Golden Valley Maria Cisneros, City Attorney MCisneros@goldenvalleymn.gov Re: Fire Station Site Acquisition Engagement Agreement Dear Ms. Cisneros: Thank you for retaining Kennedy & Graven, Chartered as special counsel for Golden Valley (“City”) with respect to the matter described below. This agreement is intended to memorialize our understanding regarding the services we have already provided as well as establish the terms for our engagement going forward. Scope of Representation The nature of our representation will be to offer the City legal advice and assistance with regard to acquiring real estate needed for the site of a new fire station. The scope of our services will include: 1. Phase 1: Acquiring title and possession: Review the status of existing title work and appraisal; complete due diligence; advise the City as needed regarding negotiations; to the extent time allows, review appraisal for compatibility with eminent domain laws and to further identify risks; prepare all pleadings and represent the City in all proceedings in court to secure title and possession; record order and proof of payment to effect quick take. 2. Phase 2: Determining Just Compensation: Represent the City in all proceedings before condemnation commissioners and on appeal if necessary; assist in the negotiation of an amicable resolution; and inform and advise the City Council. 3. Relocation: Provide legal advice and assistance to the City’s relocation agent on an as needed basis. Negotiate and litigate disputed relocation claims as needed. 47 Maria Cisneros September 16, 2025 Page 2 Personnel I will have primary responsibility for this matter and I anticipate our team will likely include Joshua P. Weir and Samantha C. Zuehlke. However, other professionals, including other lawyers, paralegals, legal assistants and others may be utilized to provide the most cost-effective expertise appropriate to your needs. We will see that you are kept updated at all stages of this matter. Fees and Expenses Kennedy & Graven will charge the City the following hourly rates: shareholders – $250; associates – $205; paralegals – $140. Our rates will increase 2.5% effective January 1, 2026, and another 2.5% effective January 1, 2027. In addition to the fees for our services, the firm may incur expenses related to providing legal services, courier and mail services, printing, photocopying, etc. These costs will be noted separately on your monthly billing statement, but are to be paid along with the attorney and paralegal fees each month. Reimbursable expenses will not include online legal research costs. Billing and Payment Bills are due and payable upon receipt. We will provide you with monthly, itemized billing statements showing time expended billed in increments of one-tenth hours. Termination of Services If at any time the City wishes to terminate our services, it may do so by notifying us in writing. Similarly, if the terms of this engagement agreement are not met, we reserve the right to terminate our representation in accordance with the applicable Minnesota rules. However, we will not withdraw our representation without providing you sufficient and timely notice of our intention. Upon termination of our services, you have a right to the return of a copy of your client file. It is your responsibility to notify us if you would like a copy of your client file. However, Kennedy & Graven retains the right to charge a reasonable fee for copy costs related to your request. Ownership of “the File” The papers and property that the City gives to us will be returned to the City promptly upon your request. We will see to it that you have copies of all relevant correspondence and originals of final legal documents that are related to our representation of you. Our own files, including notes, drafts, research materials, internal memoranda, and other attorney work product, whether or not created during the course of our representation of you, belong to the firm and will not be subject to copying or delivery to you. 48 Maria Cisneros September 16, 2025 Page 3 Retention of Documents Any documents retained by the firm will be transferred to the person responsible for administering our records retention program. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to copy, digitally save, and/or destroy or otherwise dispose of any such documents or other materials retained by us within a reasonable time after the termination of the engagement. Our records retention program will apply to this engagement, plus any engagements undertaken for you for which separate engagement letters are not prepared. If we retain any original documents, we reserve the right to return them to you by delivering them to your last known address. We will retain either photocopies or electronic copies of originals and file copies for at least five years. Client Communication We regularly communicate by email and telephone. We are continually monitoring the security of our network and updating our virus detecting software, however, we cannot guarantee the security of any correspondence sent to us or by us over the internet. In addition, we may contact you, on occasion, by cellular telephone. Due to the nature of cellular communication, it is not necessarily secure at all times. By signing this letter, you agree to the use of e-mail and occasional cellular telephone calls as possible methods of communication between you and our firm, and accept that we make no guarantees as to the security of the transmissions using these means. Minnesota Government Data Practices Act Subject to the Rules of Professional Responsibility, pursuant to Minn. Stat. § 13.05, Subd. 11, Kennedy & Graven, Chartered acknowledges that the data collected, received, stored, used, maintained or disseminated in the performance of this assignment are subject to the requirements of the Minnesota Government Data Practices Act. Sign and Return Letter This letter is your fee agreement with our firm. If you find that the terms of this letter correctly express our understanding, please sign and date the bottom of this letter, and return it to our office. Once a signed copy of this letter is received by our office, we can begin work on your case. We intend to represent the City’s interests to the best of our abilities and look forward to a successful professional relationship with you. If you have any questions or concerns, please feel free to call our office. 49 Maria Cisneros September 16, 2025 Page 4 Best Regards, KENNEDY & GRAVEN, CHARTERED /s/ Peter G. Mikhail Peter G. Mikhail I have read, understand, and am authorized to agree to the foregoing on behalf of the City of Golden Valley. By: Date: Roslyn Harmon, Mayor By: ___________________________ Date: ____________________ Noah Schuchman, City Manager By: ___________________________ Date: ____________________ Maria Cisneros, City Attorney 50 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 3D.5. Approve Three Year Contract Extension with Esri for Geographic Information Systems (GIS) Technology Prepared By Chloe McGuire, Deputy Community Development Director Heather Hegi, GIS and Asset Management Coordinator John Peterson, IT Supervisor Summary The City uses Esri’s ArcGIS technology for all our geographic information systems (GIS) technology. Esri is the leading supplier of GIS technology worldwide, and the standard for many communities who utilize GIS. The City has made significant investments in its infrastructure, including mapping and data that support the physical infrastructure. It is critical to know what infrastructure we own, where it is, and what condition it is in. Maps also help communicate current conditions or proposals to help make informed decisions. All city departments and the public benefit from GIS through programs like The Golden Map, a publicly accessible, interactive property map. We also utilize ArcGIS for internal mapping programs like Valley Map, which allows staff to see each property, overlay districts, utility infrastructure, and zoning. The proposed contract is a three-year extension with Esri. Financial or Budget Considerations The purchase agreement is for three years for a total of $90,600. Each year is $30,200. This is budgeted for with costs split between Community Development and Public Works. Legal Considerations The City's Legal Division reviewed and approved of the contract. Equity Considerations Esri’s ArcGIS software can map useful information that will help the City make recommendations that will advance equity. GIS gives us tools to visualize statistics such as census data or see what areas of the city have fewer trees. It allows us to visualize and understand current conditions so we may make informed decisions to advance equity in the future. It gives us tools to help advise us to meet the equity plan and four key pillars. The initial contract with Esri also received an equity review through the City's Equity Team. Recommended Action Motion to approve a three year contract extension with Esri for GIS technology. 51 Supporting Documents Esri Proposal Esri Agreement 52 380 New York Street 909.793.2853 esri.com Redlands, California 92373-8100 USA info@esri.com September 24, 2025 Ms. Heather Hegi City of Golden Valley 7800 Golden Valley Rd Minneapolis, MN 55427-4508 Dear Heather, The Esri Small Municipal and County Government Enterprise Agreement (SGEA) is a three-year agreement that will grant your organization access to Esri term license software. The EA will be effective on the date executed and will require a firm, three-year commitment. Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply Geographic Information System (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement (EA). An EA will provide your organization with numerous benefits including: § A lower cost per unit for licensed software § Substantially reduced administrative and procurement expenses § Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply: § All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the EA. § If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance. § The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users. § The organization will establish a Tier 1 support center to field calls from internal users of Esri software. The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support. § The organization will provide an annual report of installed Esri software to Esri. § Esri software and updates that the organization is licensed to use will be automatically available for downloading. § The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri’s Small Municipal and County Government EA terms and conditions. 53 Small Government Enterprise Agreement § Licenses are valid for the term of the EA. This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have. To expedite your acceptance of this EA offer: 1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face of the Purchase Order: "THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLY." Have it signed by an authorized representative of the organization. 2. On the first page of the EA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address. 3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization. 4. Send the purchase order and agreement to the address, email or fax noted below: Esri Attn: Customer Service SG-EA 380 New York Street Redlands, CA 92373-8100 e-mail: service@esri.com fax documents to: 909-307-3083 I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization. Thank you very much for your consideration. Best Regards, Ryan Kizewski 54 Quotation # Q-558770 Date: September 24, 2025 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 156410 Contract # City of Golden Valley Finance Dept 7800 Golden Valley Rd Minneapolis, MN 55427-4508 To expedite your order, please attach a copy of ATTENTION:Heather Hegi this quotation to your purchase order. PHONE:763-286-8884 Quote is valid from: 9/24/2025 To: 12/23/2025 EMAIL:hhegi@goldenvalleymn.gov Material Qty Term Unit Price Total 193204 1 Year 1 $30,200.00 $30,200.00 Populations of 0 to 25,000 Small Government Enterprise Agreement Annual Subscription 193204 1 Year 2 $30,200.00 $30,200.00 Populations of 0 to 25,000 Small Government Enterprise Agreement Annual Subscription 193204 1 Year 3 $30,200.00 $30,200.00 Populations of 0 to 25,000 Small Government Enterprise Agreement Annual Subscription Subtotal:$90,600.00 Sales Tax:$0.00 Estimated Shipping and Handling (2 Day Delivery):$0.00 Contract Price Adjust:$0.00 Total:$90,600.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Ryan Kizewski Email: rkizewski@esri.com Phone: (909) 793-2853 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, Esri may invoice at least 30 days in advance of each anniversary date without the issuance or a Purchase Order, and Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. KIZEWSKIR This offer is limited to the terms and conditions incorporated and attached herein. 55 Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # Page 1 of 6 June 30, 2025 SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-1) This Agreement is by and between the organization identified in the Quotation (“Customer”) and Environmental Systems Research Institute, Inc. (“Esri”). This Agreement sets forth the terms for Customer’s use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities (annual subscription) ArcGIS Enterprise Software and Extensions ArcGIS Enterprise (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Data Reviewer ArcGIS Enterprise Additional Capability Servers ArcGIS Image Server ArcGIS Online User Types ArcGIS Online Viewer User Type ArcGIS Enterprise User Types ArcGIS Enterprise Viewer User Type Capped Quantities (annual subscription) ArcGIS Online User Types ArcGIS Enterprise User Types ArcGIS Online Contributor User Type 15 ArcGIS Enterprise Contributor User Type 15 ArcGIS Online Mobile Worker User Type 100 ArcGIS Enterprise Mobile Worker User Type 100 ArcGIS Online Creator User Type 100 ArcGIS Enterprise Creator User Type 100 ArcGIS Online Professional User Type 20 ArcGIS Enterprise Professional User Type 20 ArcGIS Online Professional Plus User Type 20 ArcGIS Enterprise Professional Plus User Type 20 ArcGIS Pro (Add-on Apps) for ArcGIS Online Creator or Professional User Type ArcGIS Pro (Add-on Apps) for ArcGIS Enterprise Creator or Professional User Type ArcGIS 3D Analyst, ArcGIS Data Reviewer, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Publisher, ArcGIS Spatial Analyst, ArcGIS Workflow Manager, ArcGIS Image Analyst 20 each ArcGIS 3D Analyst, ArcGIS Data Reviewer, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Publisher, ArcGIS Spatial Analyst, ArcGIS Workflow Manager, ArcGIS Image Analyst 20 each ArcGIS Online Apps and Other ArcGIS Enterprise Apps and Other ArcGIS Location Sharing for ArcGIS Online 20 ArcGIS Location Sharing for ArcGIS Enterprise 20 ArcGIS Online Service Credits 50,000 ArcGIS Advanced Editing User Type Extension for ArcGIS Enterprise 15 Other Benefits Number of Esri User Conference registrations provided annually 2 Number of Tier 1 Help Desk individuals authorized to call Esri 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement 56 Page 2 of 6 June 30, 2025 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement (“Ordering Document”). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER’S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri’s receipt of an Ordering Document, unless otherwise agreed to by the parties (“Effective Date”). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTOMER CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): 57 Page 3 of 6 June 30, 2025 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: “Case” means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. “Deploy”, “Deployed” and “Deployment” mean to redistribute and install the Products and related Authorization Codes within Customer’s organization(s). “Fee” means the fee set forth in the Quotation. “Maintenance” means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. “Master Agreement” means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. “Product(s)” means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. “Quotation” means the offer letter and quotation provided separately to Customer. “Technical Support” means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. “Tier 1 Help Desk” means Customer’s point of contact(s) to provide all Tier 1 Support within Customer’s organization(s). “Tier 1 Support” means the Technical Support provided by the Tier 1 Help Desk. “Tier 2 Support” means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer’s consultants or contractors to use the Products exclusively for Customer’s benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer’s benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third-party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government- 58 Page 4 of 6 June 30, 2025 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body’s approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0—PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer’s use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at https://support.esri.com/en/other- resources/product-life-cycle. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at https://www.esri.com/en- us/legal/terms/maintenance). At Esri’s sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer’s authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. 5. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer’s organization. 6. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b. Tier 2 Support 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to 59 Page 5 of 6 June 30, 2025 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer’s endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri’s OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners’ business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners’ application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer’s access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past-due balance. c. Esri’s federal ID number is 95-2775-732. d. If requested, Esri will ship backup media to the ship-to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer’s centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill-to and ship-to addresses (2) Order number (3) Applicable annual payment due 60 Page 6 of 6 June 30, 2025 9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer’s acquisition of another entity; or (iii) a transfer or sale of all or part of Customer’s organization (subsections i, ii, and iii, collectively referred to as “Ownership Change”). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer’s organization, that portion of Customer’s organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. 61 Master Agreement Products and Services E204-Legal Page 1 of 24 February 14, 2025 Revised February 14, 2025 IMPORTANT—READ CAREFULLY Unless superseded by a signed license agreement between you and Esri, Esri is willing to provide Esri Offerings and Services to you only if you accept all terms and conditions contained in this Agreement as the sole and final agreement of the parties regarding your acquisition of these Esri Offerings and Services. Please read the terms and conditions carefully. You may not use the Esri Offerings unless you agree to the terms and conditions of the Agreement. Your access and use of Esri Offerings, or Services, constitutes your acceptance of the terms and conditions of this Agreement. If you do not agree, contact your local sales representative prior to making your purchase. This Master Agreement (“Agreement”) is between you (“Customer”) and Environmental Systems Research Institute, Inc. (“Esri”), a California corporation with a place of business at 380 New York Street, Redlands, California 92373-8100 USA. Attachment A contains definitions of capitalized terms used throughout this Agreement. Each section of this Agreement may include additional definitions that are used exclusively within that section. 1.0 GENERAL GRANT OF RIGHTS AND RESTRICTIONS 1.1 Grant of Rights. In consideration of Customer’s payment of all applicable fees and in accordance with this Agreement, Esri a. Provides Services as set forth in this Agreement; b. Grants to Customer a nonexclusive, nontransferable right and license or subscription to access and use Esri Offerings as set forth in the Specifications and applicable Ordering Documents; and c. Authorizes Customer to copy and make derivative works of the Documentation for Customer’s own internal use in conjunction with Customer’s authorized use of Esri Offerings. Customer will include the following copyright attribution notice acknowledging the proprietary rights of Esri and its licensors in any derivative work: “Portions of this document include intellectual property of Esri and its licensors and are used under license. Copyright © [Customer will insert the actual copyright date(s) from the source materials.] Esri and its licensors. All rights reserved.” The grants of rights in this section (i) continue for the duration of the subscription or applicable Term or perpetually if no Term is applicable or identified in the Ordering Documents and (ii) are subject to additional rights and restrictions in this Agreement including Attachment B. 1.2 Consultant or Contractor Access. Customer may authorize its consultants or contractors to (i) host Esri Offerings for Customer’s benefit and (ii) use Esri Offerings exclusively for Customer’s benefit. Customer will be solely responsible for its consultants’ and contractors’ compliance with this Agreement and will ensure that each consultant or contractor discontinues use of Esri Offerings upon completion of work for Customer. Access to or use of Esri Offerings by consultants or contractors that is not exclusively for Customer’s benefit is prohibited. 1.3 Reservation of Rights. All Esri Offerings are the copyrighted works of Esri or its licensors; all rights not specifically granted in this Agreement are reserved. 1.4 Customer Content. Esri does not acquire any rights in Customer Content under this Agreement other than as needed to provide Esri Offerings and Services to Customer. 62 E204-Legal Page 2 of 24 February 14, 2025 2.0 SOFTWARE AND ONLINE SERVICES 2.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. “Anonymous Users” means all who have public access (i.e., without having to provide a Named User Credential) to any part of Customer Content or Customer’s Value-Added Applications. b. “App Login Credential(s)” means a system-generated application login and associated password, provided when registering a Value-Added Application with Online Services, which when embedded in a Value-Added Application allows the Value-Added Application to access and use Online Services. c. “Commercial App Deployment License” means a license to distribute Value-Added Applications to third parties for a fee. d. “Concurrent Use License” means a license to install and use Software on computer(s) on a network, provided that the number of simultaneous users may not exceed the number of licenses acquired. A Concurrent Use License includes the right to run passive failover instances of Concur rent Use License management software in a separate operating system environment for temporary failover support. e. “Deployment License” means a license to incorporate ArcGIS Runtime components in Value-Added Applications and distribute Value-Added Applications to Customer’s end users. f. “Deployment Server License” means a license to use Software under a Server License for all uses permitted in this Agreement and as described in the Documentation. g. “Development Server License” means a license to use Software under a Server License only to build and test Value-Added Applications as described in the Documentation. h. “Development Use” means the right to install and use Products to build and test Value-Added Applications as described in the Documentation. i. “Failover License” means a license to install Software on redundant systems for failover operations, but the redundantly installed Software may be operational only during the period the primary site is nonoperational. Except for system maintenance and updating of databases, the redundant Software installation(s) will remain dormant while the primary site (or any other redundant site) is operational. j. “Named User(s)” is Customer’s employee, agent, consultant, or contractor to whom Customer has assigned a unique, secure login credential (identity) enabling access to a Product that requires such identity in order to access identity-managed capabilities within a Product for Customer’s exclusive benefit. For educational use, Named Users may include registered students. k. “Named User Credential(s)” means an individual person’s login and associated password enabling that person to access and use Products. l. “Named User License” means the right for a single Named User to use a specific Esri Offering. m. “Online Services Subscription” means a limited-term subscription conveying the right for one or more Named Users to access and use Online Services. n. “Redistribution License” means a license to reproduce and distribute Software provided that 1. Customer reproduces and distributes the Software in its entirety; 2. A license agreement that protects the Software to the same extent as this Agreement accompanies each copy of the Software, and the recipient agrees to the terms and conditions of the license agreement; 3. Customer reproduces all copyright and trademark attributions and notices; and 4. Customer does not charge a fee to others for the use of the Software. o. “Server License” means a license to install and use Software on any computer being used as a server. Server Licenses may be subject to a limited number of server cores or distributed deployment on multiple servers as described in the Ordering Documents or Documentation. I f the Software description includes failover use rights, each Server License includes a Failover License. p. “Sharing Tools” means publishing capabilities included with Customer’s authorized use of Online Services or ArcGIS Enterprise that allow Customer to make Customer Content and Value-Added Applications available to third parties or Anonymous Users. q. “Single Use License” means a license for a single authorized end user to install and use Software on a single computer. The single authorized end user may also install a second copy for the end user ’s exclusive use on a second computer as long as only 1 copy of Software is in use at any time. No other end user may use Software under the same license at the same time for any other purpose. 63 E204-Legal Page 3 of 24 February 14, 2025 r. “Staging Server License” means a license to use Software under a Server License to build and test Value- Added Applications and map caches; conduct user acceptance, performance, and load testing of other third - party software; stage new commercial data updates; and conduct training activities as described in the Documentation. Customer may use Value-Added Applications and map caches with Development and Deployment Server Licenses. 2.2 License and Subscription Types. Esri provides Products under one or more of the license or subscription types identified in the definitions above. The Documentation and Ordering Documents identify which license or subscription type(s) applies to the ordered Products. 2.3 Software Terms of Use. a. Customer may 1. Install, access, or store Software and Data on electronic storage device(s); 2. Make archival copies and routine computer backups; 3. Install and use a newer version of Software concurrently with the version to be replaced during a reasonable transition period not to exceed 6 months, provided that the deployment of either version does not exceed Customer’s licensed quantity; thereafter, Customer will not use more Software in the aggregate than Customer’s total licensed quantity. This concurrent use right does not apply to Software licensed for Development Use; 4. Move Software in the licensed configuration to a replacement computer; 5. Distribute Software and any associated Authorization Codes required for use of a Deployment License to third parties; and 6. Governmental or not-for-profit organizations that operate a website or offer Internet services may use server Software for revenue-generating purposes on a cost-recovery basis and not for profit. b. Customer may customize Software using any macro or scripting language, APIs, or source or object code libraries but only to the extent that such customization is described in the Documentation. c. Customer may use all fonts provided with Software for any authorized use of the Software. Customer may also use Esri fonts separately to print any output created by the Software. Any use restrictions for third -party fonts included with the Software are set forth in the font file itself. d. Esri publishes Product-Specific Terms of Use at https://www.esri.com/legal/scope-of-use. 2.4 Online Services Terms of Use. a. Online Services Descriptions. Esri publishes Product-Specific Terms of Use at https://www.esri.com/legal/scope-of-use. Use of Online Services is also subject to the Cloud Services terms found in Attachment B. b. Modifications of Online Services. Esri may change Online Services and associated APIs at any time, subject to 30 days’ notice of material changes and 90 days’ notice for deprecations. If any modification, discontinuation, or deprecation of Online Services causes a material, adverse impact to Customer ’s operations, Esri may, at its discretion, attempt to repair, correct, or provide a workaround for Online Services. If a viable solution is not commercially reasonable, Customer may cancel its subscription to Online Services, and when applicable, Esri will issue a prorated refund. c. Sharing Customer Content. Sharing Customer Content using Sharing Tools enables third parties to use, store, cache, copy, reproduce, (re)distribute, and (re)transmit Customer Content through Online Services. Esri is not responsible for any loss, deletion, modification, or disclosure of Customer Content resulting from use or misuse of Sharing Tools. Customer’s use of Sharing Tools is at Customer’s sole risk. 2.5 Named User Licenses. Except as expressly set forth in this Agreement, the following terms apply to Software and Online Services for which Customer acquires Named User Licenses. a. Named Users. 1. Named User login credentials are for designated users only and may not be shared with other individuals. 64 E204-Legal Page 4 of 24 February 14, 2025 2. Customer may reassign a Named User License to another user if the former user no longer requires access to the Software or Online Services. 3. Customer may not add third parties as Named Users, other than third parties included within the definition of Named Users. b. Anonymous Users. Anonymous Users may only access Software or Online Services through Value -Added Applications that provide access to services or Content, that has been published for shared access through the use of Sharing Tools. 2.6 Value-Added Applications. 1. Customer is responsible for the development, operation, and technical support of Customer Content and Value-Added Applications. 2. Customer may not embed a Named User Credential into Value-Added Applications. Value-Added Applications that enable access to Customer Content that is not publicly shared through the use of Sharing Tools must require individual users to log in to the application(s) with their unique Named User login credentials. 3. Customer may embed an App Login Credential into Value-Added Applications that provide access by Anonymous Users to services or Content, that has been published for shared access by Anonymous Users through the use of Sharing Tools. 4. Customer may not embed an App Login Credential into Value-Added Applications that enables access to Customer Content that is not publicly shared through the use of Sharing Tools. Value-Added Applications that enable access to Customer Content that is not publicly shared through the use of Sharing Tools must require individual users to log in to the application(s) with their unique Named User login credentials. 5. Customer may not provide a third party, other than third parties included within the definition of Named Users, with access to Software or Online Services, other than through Customer’s Value-Added Application(s). 6. Customer may transfer Value-Added Applications to any third party for use in conjunction with the third party’s own Software license or Online Services Subscription. 2.7 Limited-Use Programs. a. Trial, Evaluation, and Beta Programs. Products acquired under a trial, evaluation, or Beta program are licensed for evaluation and testing purposes only and not for commercial use. Any such use is at Customer ’s own risk, and the Products do not qualify for Maintenance. If Customer does not convert to a purchased license or subscription prior to the expiration of the trial, evaluation, or Beta license, Customer may lose any Customer Content and customizations made during the license term. If Customer does not wish to purchase a license or subscription, Customer should export such Customer Content before the license expires. b. Educational Programs. Customer agrees to use Products provided under an educational program solely for educational purposes during the educational use Term. Customer shall not use Products for any Administrative Use unless Customer has acquired an Administrative Use license. “Administrative Use” means administrative activities that are not directly related to instruction or education, such as asset mapping, facilities management, demographic analysis, routing, campus safety, and accessibility analysis. C ustomer shall not use Products for revenue-generating or for-profit purposes. c. Grant Programs. Customer may use Products provided under a grant program for noncommercial purposes only. Except for cost recovery of using and operating the Products, Customer shall not use Products for revenue-generating or for-profit purposes. d. Other Esri Limited-Use Programs. If Customer acquires Products under any limited-use program not listed above, Customer’s use of the Products may be subject to the terms set forth in the applicable launching page or enrollment form or as described on Esri’s website in addition to the nonconflicting terms of this Agreement. 3.0 DATA 3.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. “Business Listing Data” means any dataset that includes a list of businesses and may include other associated business attributes. 65 E204-Legal Page 5 of 24 February 14, 2025 b. “Esri Content Package(s)” means a digital file containing Online Services basemap Data extracted from the Online Services. c. “Street Data” means Data that includes or depicts information about roads, streets, and related features. 3.2 Permitted Uses. a. Unless otherwise authorized in writing, Customer may only use Data with the Products for which Esri has provided the Data. b. Subject to the restrictions set forth in this Agreement and provided that Customer affixes an attribution statement to the Data representations acknowledging Esri or its applicable licensor(s) as the source of the portion(s) of the Data used for the Data representation, Customer may: 1. Create representations of Data in hard-copy or static, electronic format (e.g., PDF, GIF, JPEG, HTML); in ArcGIS Web Maps; or in Esri Story Maps apps for the purposes of visualizing Data (including basic interactions such as panning, zooming, and identifying map features with simple pop-ups); and 2. Use and include such representations of Data in presentation packages, marketing studies, or other reports or documents containing map images or data summaries derived from the use of Esri Products to third parties. c. Customer may take Online Services basemaps offline through Esri Content Packages and subsequently deliver (transfer) them to any device for use with licensed ArcGIS Runtime applications and ArcGIS Desktop. Customer may not otherwise scrape, download, or store Data. d. Customer may make any internal use of geocoded results that are obtained and stored in compliance with this Agreement. Customer may not redistribute geocoded results except to (i) use and/or display on a map in connection with Customer’s public, non-revenue generating website(s), (ii) permit access to third-parties for the purposes of Customer’s business, or (iii) deliver to third parties, on a noncommercial/non-revenue generating basis, static results, static output or static base map renderings. 3.3 Use Restrictions. a. Customer may not act directly or authorize its customers to cobrand Data, use Data in any unauthorized service or product, or offer Data through or on behalf of any third party. b. Customer may not use or allow third parties to use Data, for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from compilation of information that is sold, rented, published, furnished, or in any manner provided to a third party. c. Business Listing Data. Unless authorized in writing, Customer may not use Business Listing Data for any direct marketing purposes, resale publication, or distribution to any third party as part of any mailing list, directory, classified advertising, or other compilation of information. d. Street Data. Customer may use Street Data for mapping, geocoding, routing, and transportation network analysis purposes. Unless otherwise authorized in writing, Customer may not use Street Data for 1. Real-time navigational guidance, including alerting a user about upcoming maneuvers, such as warning of an upcoming turn or calculating an alternate route if a turn is missed; 2. Synchronized multivehicle routing; or 3. Synchronized route optimization. e. Business Analyst Data. Customer may cache Data provided with ArcGIS Business Analyst Mobile App on a mobile device for use in conjunction with its use of ArcGIS Business Analyst Server. Customer may not otherwise cache or download such Data. f. Partial Dataset Licenses: If Customer orders a subset of a dataset (e.g., a country, region, state, or local portion of a global database), Customer may use only the licensed subset, not any other portion of the full dataset. g. Michael Bauer Research International Boundaries Data (“MBR Data”). Customer’s right to use data downloaded to Customer’s premises (e.g., MBR Data stored in ArcGIS Enterprise, ArcGIS Desktop) terminates 2 years after download. 66 E204-Legal Page 6 of 24 February 14, 2025 3.4 Supplemental Terms and Conditions for Data. Certain Data licensors require Esri to flow down additional attribution requirements and terms of use to Customer. These terms supplement and amend the terms of this Agreement and are available at www.esri.com/legal/third-party-data. 4.0 MAINTENANCE 4.1 US Customers. Esri will provide Maintenance for Software and Online Services in accordance with the Esri Maintenance and Support Program and this Agreement if Customer is in the United States. 4.2 Customers outside the United States. Customer may obtain maintenance services from their local Esri authorized distributor under the authorized distributor’s own standard support policy and in accordance with the Esri Product Life Cycle Support Policy. 5.0 PROFESSIONAL SERVICES 5.1 Definition. The following definition supplement the definitions provided in Attachment A: a. “Professional Service Package(s)” means a predefined unit of Professional Services, provided at a firm fixed price. 5.2 Permitted Uses. Customer may use, copy, and modify Deliverables solely in conjunction with Customer ’s authorized use of Products. 5.3 Task Orders and Project Schedule. a. Esri will provide Professional Services and Deliverables as specified in the Task Order. b. Each Task Order will reference this Agreement and specify the commencement date and, if known, the period of performance. c. Task Orders may have the format shown in Attachment C or any other agreed-upon format. d. Each party will identify, in writing, the project manager who is responsible for Professional Services and Deliverables described in Task Orders. By written notice to the other party’s technical administrator, either party may replace the project manager at any time with a similarly qualified person. e. Other than pricing and descriptions of Professional Services to be performed, terms and conditions in a Task Order are not binding unless both parties have signed the Task Order. The terms of a signed Task Order take precedence over conflicting terms in this Agreement. 5.4 Ownership of Deliverables. Esri or its licensors own and retain ownership of Deliverables. 5.5 Acceptance. a. For Firm Fixed Price Task Orders. Unless otherwise agreed to in the applicable Task Order, Customer will complete its acceptance review within 10 working days of receiving each Deliverable and classify the Deliverables as follows: 1. “DELIVERABLE ACCEPTED” means a Deliverable conforming to the applicable Task Order with no more than minor nonconformities. 2. “DELIVERABLE ACCEPTED WITH REWORK” means a Deliverable substantially conforming to the applicable Task Order but having a significant number of identified nonconformities and accepted subject to rework by Esri. Esri will rework the Deliverable for the identified nonconformities and resubmi t it within 30 days. Customer will rerun its acceptance review for the nonconformities detected in the initial review within 10 working days of such resubmission and will reclassify the Deliverable as either DELIVERABL E ACCEPTED or DELIVERABLE REJECTED. 3. “DELIVERABLE REJECTED” means a Deliverable that fails to substantially conform to applicable Task Order(s). Esri will rework the Deliverable and resubmit it to Customer within 30 days, at which time Customer will have 10 working days to rerun its acceptance review and reclassify the deliverable as either DELIVERABLE ACCEPTED or DELIVERABLE REJECTED. 67 E204-Legal Page 7 of 24 February 14, 2025 Customer may not use any Deliverable in its business operations before acceptance as described in a.1 or a.2. If Customer does not notify Esri in writing within 10 working days after delivery that it has classified the Deliverable as ACCEPTED WITH REWORK or REJECTED in accordance with a.2 or a.3, or if Customer uses the Deliverable in its business operations, the Deliverable will be deemed, as of the first of either of these events to occur, to have been accepted. b. For Task Orders with Professional Service Packages. Professional Services that Esri performs under Professional Service Packages will be deemed accepted unless Customer notifies Esri within 10 days after performance. Customer may purchase additional Professional Service Packages as needed to complete Customer’s work requirements. c. For Time and Materials Task Orders. Professional Services are provided strictly on a time and materials basis subject to the Task Order not-to-exceed funding limit. The Professional Services provided will be deemed accepted and in compliance with the professional and technical standards of the software industry unless Customer notifies Esri within 10 days after performance. Deliverables produced under a time and materials Task Order are consulting hours only will not be subject to acceptance testing. 5.6 Warranty for Deliverables. Esri warrants to Customer that firm fixed price Deliverables materially comply with Specifications for a period of 90 days from acceptance, subject to the limitations and disclaimers of liability set forth in the “Limited Warranties and Disclaimers” section of Attachment B. 5.7 Changes. The parties may make changes within the general scope of a Task Order by mutual agreement. To document any agreed-to scope changes within the general scope of the Task Order that affects the cost or time required to provide a Deliverable, the parties will jointly sign a written amendment to the Task Order that includes an equitable adjustment in the price, schedule, or both. 5.8 Customer Termination for Convenience. Customer may terminate any Task Order at any time upon 30 days’ written notice to Esri and upon payment to Esri of all amounts due to date pursuant to this Agreement, including reasonable expenses incurred as a direct result of the termination and the pro rata contract price for the Task Orders affected. 5.9 Payment; Invoices. a. For Firm Fixed Price Task Orders. Unless otherwise specified in a Task Order, Esri will prepare and submit monthly invoices based on the percentage of completion for each Deliverable as of the end of the preceding month. Upon acceptance of all Deliverables under a Task Order, the unpaid balance of the total Task Order value is due. b. For Professional Service Packages. Esri will submit an invoice for Professional Service Packages on receipt of an agreed-upon Task Order. Esri may, at its sole discretion, stop work to avoid exceeding the total labor hours or number of days allotted in the applicable Professional Service P ackage description set forth in the applicable scope of work. Professional Service Packages expire if not used within 12 months of the Esri invoice date. c. For Time and Materials Task Orders. 1. Esri will submit to Customer written monthly invoices to the Customer address provided in the Task Order. The invoices will include the payment due for work performed, including travel time, and any other direct costs (ODCs) incurred as authorized under a Task Order. The amount invoiced for labor will be equal to the number of hours expended during the previous month, multiplied by the applicable labor rates. Esri will invoice meals on a per diem basis in accordance with the full daily limits specified on the government Defense Travel website at https://www.defensetravel.dod.mil/site/perdiemCalc.cfm. Esri may escalate hourly labor rates for Services; any increase in the first 5 years will not exceed 5 percent per year. Esri will invoice ODCs, including travel-related expenses incurred, plus a 15 percent burden. 2. Esri may reallocate the budget between activities, labor categories, and ODCs as necessary to facilitate the work effort, provided the overall price is not exceeded. If Esri reaches the funded not-to-exceed Task Order value and the activities are not completed, Customer may increase the order funding to allow additional work to be performed, or Esri may stop work without further obligation or liability. 68 E204-Legal Page 8 of 24 February 14, 2025 5.10 System and Data Access. Each Task Order will specify any requirement for Customer to give Esri personnel access to Customer’s systems or data. 6.0 ESRI MANAGED CLOUD SERVICES 6.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. “Esri Managed Cloud Services Environment” means the hardware, Software, Data, and network platform that Esri or its third-party supplier provides as part of Esri Managed Cloud Services. b. “Hosting” means the business of housing and making accessible Customer Content via the Internet. 6.2 Provision of Esri Managed Cloud Services. a. General Terms. Use of Esri Managed Cloud Services is subject to the Cloud Services terms found in Attachment B of this Agreement. b. Requirements Planning. It is Customer’s responsibility to plan for and address with Esri changes to Customer’s requirements, such as the need for additional capacity, the update of an application or dataset, or increased level of system availability. c. Compensation and Expenses. Esri will invoice Customer for the one-time setup fee upon Task Order execution. Thereafter, Esri will invoice Customer monthly for the Esri Managed Cloud Services to be provided the following month. Customer will pay invoices within 30 days of receipt. Customer is responsible for any shipping or temporary storage costs incurred during the delivery of Customer Content to Esri or removal of Customer Content from the Esri Managed Cloud Services Environment. This paragraph does not apply to Esri Managed Cloud Services provided under the Advantage Program (see the section entitled “Advantage Program” in this Agreement). d. Risk of Loss. Risk of loss for all Customer Content shall at all times remain with Customer, and it is Customer’s sole responsibility to maintain regular backups of Customer Content. Risk of loss for the Esri Managed Cloud Services Environment shall at all times remain with Esri. e. Personally Identifiable Information. Prior to providing any Customer Content under this Agreement, Customer shall notify Esri if Customer Content includes personally identifiable information. f. Public Software. Customer may not use, and may not authorize its end users or contractors to combine or use any Esri Offerings with any software (including any underlying dependencies), documentation, or other material distributed under an open source or other similar licensing or distribution model that requires as a condition of such model that any component of the Esri Offering to be (1) disclosed or distributed in source code form, (2) made available free of charge to third parties, or (3) modifiable without restriction by third parties. g. Monitoring. Customer will provide information and other materials related to its Customer Content as reasonably requested by Esri or its Hosting partner to verify Esri’s or Customer’s compliance with this Agreement. Esri or its Hosting partner, as applicable, may browse, index, or otherwise monitor the external interfaces of any Customer Content solely for the purpose of verifying compliance with this Agreement. 7.0 TRAINING 7.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. “Customer-Supplied Training Data” means any digital dataset(s) including, but not limited to, geographic vector data, coordinates, raster data reports, or associated tabular attributes supplied by Customer for use in training. b. “Esri Academy LMS Integration Subscription” means an optional term-limited subscription to Esri Academy enabling a specific number of unique Customer student(s) access to Self-Paced E-Learning through the customer’s Learning Management System. c. “Esri E-Learning Content (SCORM Format) License ” means an optional term-limited license that provides Esri customers with Esri’s e-learning content in SCORM (Shareable Content Object Reference Model) format to import into their Learning Management System. d. “Esri Mobile Lab” means a service in which Esri will deliver and set up a training environment at the Customer’s site for use in conjunction with scheduled Esri Training Events only. The Esri Mobile Lab will 69 E204-Legal Page 9 of 24 February 14, 2025 include certain hardware, software, power cords, and network switches necessary for the instructor to set up the environment. e. “Esri Training Event(s)” means an Esri site class, Esri instructor-led online class, a Customer site/private class, workshop, or coaching services. f. “Esri Training Representative” means Customer’s primary Esri liaison in organizing private Esri Training Events. g. “Student(s)” means a Customer employee or agent who is a registered participant in a specific Esri Training Event or Training-related services. If Customer is an individual, then Student means Customer. h. “Training Pass” means a nonrefundable, nontransferable block of prepaid training days with a fixed price per day throughout the Term of the Training Pass. i. “Esri Mobile Router” means a service in which Esri will deliver and setup a mobile router at the Customer ’s site for use in conjunction with a scheduled Esri Training Event only. The mobile router provides high -speed wireless internet access needed to run the Esri Training Event. j. “Learning Management System” or “LMS” shall mean third-party software acquired separately by Customer that allows Customer to consume E-Learning Content (SCORM Format) for the purpose of re- serving it to the Customer’s internal employees. 7.2 Permitted and Prohibited Uses. a. Esri provides Training Materials for Training purposes only and for the exclusive use of the Student who attends the Training course for which the Training Materials are provided. b. Customer may reproduce copies of Training Materials for registered Students. c. Customer may not and may not permit any Student to (i) separate the component parts of Training Materials for any use or (ii) use audio or video recording equipment during an Esri Training Event. d. Esri may issue temporary Product authorizations if Customer has an insufficient number of Products available for Training. Customer may use such Products as Training Materials under the terms of this Agreement. Customer will uninstall all deployed Products and return any media provided by Esri upon conclusion of the Esri Training Event. e. Customer will retain ownership of any Customer-Supplied Training Data. 7.3 Esri’s Responsibilities. Esri will a. Provide an instructor qualified to conduct Training; b. Provide all necessary Training Materials for Student; and c. Confirm Esri Training Events approximately 10 business days prior to the scheduled start date. Esri will only confirm Student registrations that include a payment method. Registrations without a confirmed payment method are placed on the reservation waiting list. All reservations on the waiting list are subject to availability. Customer site/Private class and coaching services confirmation is also dependent on receipt of the completed Customer site training request form. 7.4 Customer’s Responsibilities. Customer will a. Ensure that all Students have received confirmation from Esri to participate in an Esri Training Event. Esri reserves the right to disconnect any Student who permits unregistered student access to an online classroom Esri Training Event. In such case, the full Esri Training Event fee will be invoiced and payable; b. Ensure that all Students meet the minimum prerequisites for the applicable Esri Training Event as listed on Esri’s training website; c. Submit Student registrations with payment method information at least 15 business days before the scheduled start date; d. Provide the Esri Training Representative with a list of names and email addresses of any Students who are to attend an Esri Training Event at least 3 business days before the scheduled start date, for compliance with 70 E204-Legal Page 10 of 24 February 14, 2025 the US embargoed country lists and the various US Government Lists of Parties of Concern or Specially Designated Nationals lists; e. For classes held at the Customer-designated facility, complete a client-site training request form; consult with Esri personnel to determine classroom, computer, and network requirements; and provide all such required classrooms, computers, and network access; f. Ensure that Student use of Training Materials provided by Esri complies with the terms of this Agreement; and g. Assume full liability and responsibility for Student attending Training course(s) under this Agreement. h. If the Esri Mobile Lab or Mobile Router is used, Customer will 1. Take delivery of the Esri Mobile Lab or Mobile Router from the shipping agent, and keep it in a secure, locked area at all times; 2. Immediately report any previously damaged Esri Mobile Lab or Mobile Router equipment to the Esri Training Representative upon receipt of the shipment; and 3. Be financially responsible for loss of, damage to, or theft of Esri Mobile Lab or Mobile Router equipment while in Customer’s possession. 7.5 Student Registration and Training Event Change Policy. a. Customer will provide advance written notice to Esri Customer Service at service@esri.com to reschedule or cancel any Esri Training Event or to substitute a student in a scheduled Esri Training Event. b. A replacement Student must be from the same Customer organization as the Student being replaced. c. If Customer reschedules an Esri Training Event three or fewer days before the scheduled start date, Esri will charge Customer 50 percent of the fee plus the cost of the rescheduled Esri Training Event. d. If Customer (i) cancels an Esri Training Event 3 or fewer days before the scheduled start date without concurrently rescheduling or (ii) is absent without notice from the Esri Training Event, Customer will be liable for the full Esri Training Event fee. e. If cancellation of an Esri Training Event is necessary due to causes beyond the party ’s reasonable control, the affected party may reschedule or cancel the Esri Training Event without incurring any liability. f. Termination of Agreement. Students who are currently registered for an Esri Training Event as of the date of termination of this Agreement may attend the scheduled Esri Training Event, subject to the terms and conditions of this Agreement. 7.6 Invoicing; Prepaid Fees. a. Esri will invoice Customer upon completion of the Esri Training Event or on purchase of a Training Pass. On Customer request, Esri will invoice in advance for an Esri Training Event. b. If Customer is invoiced and pays that invoice prior to the scheduled Esri Training Event, then Customer has 1 year from the date of the invoice to consume training days. For a multiyear order, training days must be consumed by the end date specified on the Esri quotation. Thereafter, all prepaid fees are forfeited. c. Training Pass policies and redemption rates are described at https://www.esri.com/training/training-for- organizations/. This section 7.6 does not apply to Training provided under the Advantage Program. 7.7 Availability and General Provision of Wireless Service. a. Esri will not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to wireless service interruptions or unavailability. 7.8 Esri E-Learning in the Customer’s Learning Management System. a. Esri E-Learning Content (SCORM format) License, specific terms of use incorporated by reference are found at https://www.esri.com/content/dam/esrisites/en-us/media/legal/scorm-lms/scorm-terms-and-conditions.pdf b. Esri Academy LMS Integration Subscription, specific terms of use incorporated by reference are found at https://www.esri.com/content/dam/esrisites/en-us/media/legal/scorm-lms/lms-terms-and-conditions.pdf 71 E204-Legal Page 11 of 24 February 14, 2025 8.0 ADVANTAGE PROGRAM 8.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. “Activity Description” means a mutually agreed upon written statement that confirms the number of Learning and Services Credits that Esri estimates is required to perform an activity and authorizes Esri to begin work based on such estimate. The Activity Description serves as the Task Order for Services provided under the Advantage Program. b. “Advantage Program” means either Advantage Program, as described at www.esri.com/services/eeap/components, or the Advantage Program for Partners, as described at www.esri.com/partners/bpap/components. c. “Authorized Contact” means Customer’s point of contact for the Advantage Program identified below. d. “Learning and Services Credits” means a contracted unit of exchange that Customer may use to acquire Professional Services, Training, PSS, Esri Managed Cloud Services, or related travel expenses as described below. e. “Premium Support Services” or “PSS” means a prioritized incident management and technical support program further described at https://support.esri.com/en/support/premium. f. “Advisor” means an Esri consultant assigned to work with Customer to provide Professional Services such as advising Customer on GIS strategies, facilitating annual planning, and developing and coordinating a collaborative work plan under the Advantage Program. 8.2 Advantage Program Description. The Advantage Program is provided on an order-by-order, annual subscription basis and provides strategy and planning support in addition to a menu of items including Professional Services, Training, PSS, and Esri Managed Cloud Services that Customer can select to best meet its needs with guidance from Advisor. The Advantage Program may change from time to time. The Advantage Program includes the following: a. Advisor. Customer will receive up to the number of Advisor hours ordered. Customer may elect to retain additional Advisor hours for a supplemental price. b. Annual Planning Meeting. A 1-day annual planning meeting is included. c. Work Plan. A collaboratively developed document is designed to drive the program’s implementation through definition of Customer’s GIS vision, goals, and objectives. d. Learning and Services Credits. Customer will receive the number of Learning and Services Credits ordered. Customer may use the credits toward any combination of Professional Services, Training, PSS, Esri Managed Cloud Services, or related travel expenses. Customer may order, for an additional price, additional Learning and Services Credits. Learning and Services Credits may be exchanged as described at the applicable Advantage Program website. Esri will provide a monthly report outlining usage of Learning and Services Credits to date to the Authorized Contact. e. Technology Webcasts. Esri will provide an email invitation to the Authorized Contact for webcasts presenting business and technical information related to enterprise GIS. f. No Project Services. The Advantage Program is not designed for Esri to provide project-specific Professional Services such as custom application or database development for solutions or applications. Esri will not provide these types of Professional Services under the Advantage Program and does not warrant that Deliverables provided under an Advantage Program will comply with Specifications. 8.3 Authorized Contact Information. Customer identifies the following person as its initial Authorized Contact. (to be completed by Customer): Contact Name: Address: City, State, ZIP: Email: Telephone: Fax: 72 E204-Legal Page 12 of 24 February 14, 2025 8.4 Current on Maintenance. Customer must remain current on standard Software Maintenance during the Advantage Program term. 8.5 Authorization of Learning and Services Credits Use. Customer will contact its account manager or Advisor to consume Learning and Services Credits for a particular request. Esri will submit an Activity Description by email to Customer for confirmation and authorization to use Learning and Services Credits. Customer may authorize the consumption of Learning and Services Credits by submitting an email. Esri will begin work and deduct the estimated credit amount stated in the Activity Description from the unused Learning and Service s Credits available. 8.6 Activity Descriptions for Esri Managed Cloud Services. The Activity Description for Esri Managed Cloud Services orders must include the following: a. The Esri Managed Cloud Services Term. The time period in which Esri provides the Esri Managed Cloud Services to Customer. The Esri Managed Cloud Services term does not begin until setup and deployment of the data and application are complete. b. Targeted System Availability. The minimum percentage of time that Customer has external access to the application and associated Customer Content through the Internet. Examples of supported levels of system availability are 95 percent, 99 percent, and 99.9 percent. Not all Esri Managed Cloud Services offerings include a Targeted System Availability. c. Number of Anticipated Requests. A The number of requests made by an end user through a client (e.g., desktop computer, web application, mobile device) and sent to a server(s) that is set up in the Esri Managed Cloud Services Environment by Esri and performs computational tasks on behalf of the end user. An example of a common request used in a GIS is a map request. A map request is made every time a user pans, zooms, or queries a map service. d. Amount of Data Storage. The storage capacity required to retain digital data, which is to be used and consumed in Customer GIS applications or Cloud Services. e. Learning and Services Credits Consumption. The price for the Esri Managed Cloud Services in Learning and Services Credits. The Data storage location may be defined in the Activity Description. 8.7 Travel and Per Diem Expenses. Any Esri travel and per diem expenses will be quoted separately. Travel expenses will include a 15 percent burden, and meal per diem will be determined in accordance with the full daily limits specified on the government Defense Travel website at https://www.defensetravel.dod.mil/site/perdiemCalc.cfm. Customer will use Learning and Services Credits for travel and per diem expenses. 8.8 Notification of Consumed Credits. Esri will notify Customer if the authorized Learning and Services Credits are consumed prior to completion of the requested work. Customer may elect to direct the use of additional Learning and Services Credits, if available; procure additional Learning and Services Credits; or notify Esri to stop work on such requested work. Esri reserves the right to stop work if Customer has consumed all its Learning and Services Credits. 8.9 Review of Proposed Activities. Any activities proposed to be completed under the Advantage Program will be subject to Esri’s review and approval to ensure alignment with the intent of the program. 8.10 Invoicing. a. Esri shall invoice Customer as quoted for the Advantage Program subscription, additional Learning and Services Credits, or Advisor services upon receipt of Customer’s order. Subsequently, Esri will invoice annually at least 30 days in advance of the Advantage Program subscription expiration date. Esri will extend the Advantage Program subscription for a subsequent annual term upon receipt of Customer ’s payment of the renewal invoice. Esri will invoice fees for additional Learning and Services Credits or Advisor services upon receipt of Customer’s order. b. Pricing for program renewals and new or additional Services will be in accordance with Esri ’s standard pricing at the time of purchase or renewal. 73 E204-Legal Page 13 of 24 February 14, 2025 8.11 Termination and Expiration. Upon termination or expiration of an Advantage Program subscription: a. Services will end as of the expiration or termination date stated; and b. Unless either party terminates the Advantage Program subscription for cause, Customer may apply any unused Learning and Services Credits toward any Professional Services, Training, PSS, or related travel expenses that are scheduled as of the termination or expiration date, provided that the Learning and Services Credits are used within 3 months after the termination or expiration date. Any other unused Learning and Services Credits will expire 30 days after the expiration or termination date; if Customer renews the Advantage Program subscription within this time period, any unused Learning and Services Credits will remain valid for up to 2 years from the purchase date or termination of this Agreement, whichever comes first. 74 E204-Legal Page 14 of 24 February 14, 2025 ATTACHMENT A GLOSSARY OF TERMS The following glossary of terms applies to all Esri Offerings and Services that Esri may provide to its customers. Certain Esri Offerings or Services may not be within the scope of this Agreement. Please disregard any terms that are not applicable to Esri Offerings or Services offered under this Agreement. “Affiliate” means any entity that directly or indirectly (i) Controls; (ii) is Controlled by; or (iii) is under common Control with a party, where “Control” means having more than 50 percent of the voting stock or other voting interest in the Controlled entity. “API” means application programming interface. “ArcGIS Website” means www.arcgis.com and any related or successor websites. “Authorization Code(s)” means any key, authorization number, enablement code, login credential, activation code, token, user name and password, or other mechanism required for use of Esri Offerings. “Beta” means any alpha, beta, or other prerelease version of a Product. “Cloud Services” means Online Services and Esri Managed Cloud Services. “Content” means data, images, photographs, animations, video, audio, text, maps, databases, data models, spreadsheets, user interfaces, graphics components, icons, software, and other resources used in connection with Esri Offerings and Services. “Control” means having more than 50 percent of the voting stock or other voting interest in the Controlled entity. “Customer Content” means any Content that Customer provides, uses, or develops in connection with Customer’s use of Esri Offerings or Services, including Value-Added Applications. Customer Content excludes any feedback, suggestions, or requests for improvements that Customer provides to Esri. “Data” means any commercially available digital dataset(s) including, but not limited to, geographic vector data, raster data reports, or associated tabular attributes that Esri bundles with other Esri Offerings or delivers independently. “Deliverables” means anything that Esri delivers to Customer as a result of performance of Professional Services. “Documentation” means all user reference documentation that Esri provides with a Deliverable or an Esri Offering. “Esri Managed Cloud Services” means a Customer-specific cloud infrastructure, Software, Data, and network platform that Esri hosts, manages, and makes available to Customer or Customer ’s end users via the Internet. “Esri Offering(s)” means any Product or Documentation. If Esri provides Training or Professional Services directly to Customer, then Esri Offerings also include Deliverables and Training Materials. Esri Offerings exclude Services and Third-Party Content. “GIS” means geographic information system. “Maintenance” means a subscription program that Esri provides and that entitles Customer to Product updates and other benefits such as access to technical support and self-paced, web-based learning resources. 75 E204-Legal Page 15 of 24 February 14, 2025 “Malicious Code” means software viruses; worms; time bombs; Trojan horses; or any other computer code, files, denial of service, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. “Online Services” means any commercially available, Internet-based geospatial system that Esri provides, including applications and associated APIs for storing, managing, publishing, and using maps, data, and other information. Online Services exclude Data and Content. “Ordering Document(s)” means a sales quotation, Maintenance renewal quote, purchase order, proposal, Task Order, or other document identifying Esri Offerings, updates, or Services that Customer orders. “Perpetual License” means a license to use a version of the Esri Offering for which applicable license fees have been paid, indefinitely, unless terminated by Esri or Customer as authorized under this Agreement. “Product(s)” means Software, Data, and Online Services. “Professional Services” means any development or consulting services that Esri provides to Customer. “Sample(s)” means sample code, sample applications, add-ons, or sample extensions of Products. “Service(s)” means Maintenance. If Esri provides Esri Managed Cloud Services, Training, or Professional Services directly to Customer, then Services also include Esri Managed Cloud Services, Training, and Professional Services. “Software” means any proprietary commercial off-the-shelf software, excluding Data, accessed or downloaded from an Esri-authorized website or that Esri delivers on any media in any format including backups, updates, service packs, patches, hot fixes, or permitted merged copies. “Specification(s)” means (i) the Documentation for Software and Online Services, (ii) the scope of work set forth in any Task Order, or (iii) Esri’s published course descriptions for Training. “Subscription” means a license for use of an Esri Offering for a limited time period or a right to receive Services for a limited time period. “Task Order(s)” means an Ordering Document for Services. “Term License” means a license for use of an Esri Offering for a limited time period (“Term”). “Third-Party Content” means any Content that Customer may obtain from a third -party website or that persons other than Esri employees, suppliers, or contractors may directly contribute to Esri’s website. “Training” means (i) Product training or (ii) related training that Esri provides under this Agreement. “Training Materials” means digital or printed Content required to complete Training, which may include, but is not limited to, workbooks, data, concepts, exercises, assessments, and exams. “Value-Added Application(s)” means an application developed by Customer for use in conjunction with the authorized use of any Software, Data, or Online Services. 76 E204-Legal Page 16 of 24 February 14, 2025 ATTACHMENT B GENERAL TERMS AND CONDITIONS The following general terms and conditions apply to all Esri Offerings and Services that Esri may offer to its customers. Certain Esri Offerings or Services may not be available under this Agreement. Please disregard any terms that are not applicable to Esri Offerings or Services offered under this Agreement. ARTICLE B.1—GENERAL USE RESTRICTIONS Except as expressly permitted in this Agreement, Customer will not a. Sell, rent, lease, sublicense, distribute, lend, time-share, or assign Services or Esri Offerings; b. Distribute or provide direct access to Services or Esri Offerings to third parties, in whole or in part, including, but not limited to, extensions, components, or Dynamic Link Libraries; c. Distribute Authorization Codes to third parties; d. Reverse engineer, decompile, or disassemble any Product or Deliverable delivered in compiled form; e. Make any attempt to circumvent the technological measure(s) that controls access to or use of Esri Offerings; f. Store, cache, use, upload, distribute, or sublicense Content or otherwise use Esri Offerings in violation of Esri’s or a third-party’s rights, including intellectual property rights, privacy rights, nondiscrimination laws, export laws, or any other applicable law or regulation; g. Remove or obscure any Esri or its licensors’ patent, copyright, trademark, proprietary rights notices, or legends contained in or affixed to any Esri Offerings, output, metadata file, or online or hard -copy attribution page of any Data or Documentation; h. Unbundle or independently use individual or component parts of Esri Offerings; i. Incorporate any portion of Esri Offerings into a product or service for third-party use that competes with the Esri Offerings; j. Publish or in any other way communicate the results of benchmark tests run on Beta Products without the prior written permission of Esri and its licensors; or k. Use, incorporate, modify, distribute, provide access to, or combine any Esri Offerings in a manner that would subject any Esri Offering to open-source or open-database license terms (e.g. GPL) that require any part of the Esri Offering to be subject to additional terms, for example 1. Disclosed in source code form to third parties; 2. Licensed to third parties for the purpose of making derivative works; or 3. Redistributable to third parties at no charge; or l. Generate revenue by providing access to Software or Online Services through a Value -Added Application. These restrictions will not apply to the extent that they conflict with applicable law or regulation. ARTICLE B.2—TERM AND TERMINATION B.2.1 Customer may terminate this Agreement or any Esri Offerings license or subscription at any time upon written notice to Esri. Termination without cause does not entitle Customer to receive any refund of fees paid. Any right to terminate pending Services engagements for convenience is set forth in the applicable section in the body of this Agreement. Either party may terminate this Agreement or any license or subscription for a material breach that is not cured within 30 days of written notice to the breaching party. Upon any termination of this Agreement for breach, Esri will stop providing Services. Any licenses in Esri Offerings that survive termination of this Agreement continue under the terms of this Agreement. B.2.2 If Esri terminates this Agreement following Customer’s breach, then Esri may also, at its election, terminate Customer’s licenses or subscriptions to Esri Offerings. If Customer terminates this Agreement for cause or convenience, then Customer may, at its election, also terminate Customer ’s licenses or subscriptions to Esri Offerings. 77 E204-Legal Page 17 of 24 February 14, 2025 B.2.3 Upon any termination or expiration of a license or subscription, Customer will a. Stop accessing and using the terminated or expired Esri Offerings; b. Clear any client-side data cache derived from the terminated or expired Cloud Services; and c. Stop using and uninstall, remove, and destroy all copies of the terminated or expired Esri Offerings in Customer’s possession or control, including any modified or merged portions thereof, in any form, and execute and deliver evidence of such actions to Esri or its authorized distributor. Esri may stop performing Services immediately upon written notice to Customer if a bankruptcy or insolvency proceeding is commenced by or against Customer until the trustee cures any existing defaults and provides adequate assurance of future performance under this Agreement. This Agreement terminates upon the insolvency, liquidation, or dissolution of either party. ARTICLE B.3—LIMITED WARRANTIES AND DISCLAIMERS B.3.1 Limited Warranties. Except as disclaimed below, Esri warrants to Customer that (i) Products and Training will substantially comply with the applicable Specifications and (ii) Services will substantially conform to the professional and technical standards of the industry. The warranty period for Esri Offerings offered under a Perpetual License and for Services runs for 90 days from the date of delivery or from the date of acceptance if this Agreement provides an acceptance period. The warranty period for Esri Offerings offered under a subscription or Term License basis runs for the lesser of (i) the duration of the subscription or term or (ii) 90 days from delivery or acceptance if this Agreement provides an acceptance period. B.3.2 Special Disclaimer. Third-Party Content; Data; Samples; hot fixes; patches; updates; Online Services provided at no charge; and trial, evaluation, and Beta Products are delivered “as is” and without warranty of any kind. B.3.3 General Disclaimer. Except for the express limited warranties set forth in this Agreement, Esri disclaims all other warranties or conditions of any kind, whether express or implied, including, but not limited to, warranties or conditions of merchantabilit y, fitness for a particular purpose, and noninfringement of intellectual property rights. Esri is not responsible for any nonconformities with Specifications or loss, deletion, modification, or disclosure of Customer Content caused by Customer’s modification of any Esri Offering other than as specified in the Documentation. Esri does not warrant that Esri Offerings, or Customer’s operation of the same, will be uninterrupted, error free, fault tolerant, or fail - safe or that all nonconformities can or will be corrected, or will result in Customer’s compliance with any applicable law. Esri Offerings are not designed, manufactured, or intended for use in environments or applications that may lead to death, personal injury, or physical property or environmental damage. Customer should not follow any navigational route suggestions that appear to be hazardous, unsafe, or illegal. Any such uses will be at Customer’s own risk and cost. B.3.4 Disclaimers. a. Internet Disclaimer. Neither party will be liable for damages under any theory of law related to the performance or discontinuance of operation of the Internet or to regulation of the Internet that might restrict or prohibit the operation of Cloud Services. b. Third-Party Websites; Third-Party Content. Esri is not responsible for any third-party website or Third- Party Content that appears in or is referenced by Esri Offerings or Esri websites, including www.esri.com, developers.arcgis.com, livingatlas.arcgis.com and www.arcgis.com. Providing links to third-party websites and resources does not imply an endorsement, affiliation, or sponsorship of any kind. c. Artificial Intelligence (AI)/Machine Learning (ML) Disclaimer. As specified in the Documentation, certain Esri Offerings may integrate third-party AI/ML software libraries and third-party or Esri created pre-trained AI/ML models for various tasks including, but not limited to, object detection, image obfuscation, image classification, or text or speech recognition. Customer may use these capabilities at its option and such AI/ML capabilities are delivered “as is” and without warranty of any kind. In certain cases, the Esri Offering may provide Customers the ability to configure their own custom 78 E204-Legal Page 18 of 24 February 14, 2025 AI/ML models to meet Customer’s unique requirements, which except for the express warranties contained in this Agreement, shall be at Customer’s own risk. B.3.5 Exclusive Remedy. Customer’s exclusive remedy and Esri’s entire liability for breach of the limited warranties in this section will be to replace any defective media and to (i) repair, correct, or provide a workaround for the applicable Esri Offering or Services or (ii) at Esri’s election, terminate Customer’s right to use and refund the fees paid for Esri Offerings or Services that do not meet Esri’s limited warranties. ARTICLE B.4—LIMITATION OF LIABILITY B.4.1 Disclaimer of Liability. (a) Neither Customer, Esri, nor any Esri authorized distributor or third-party licensor will be liable for any indirect, special, incidental, or consequential damages; lost profits; lost sales; loss of goodwill; or costs of procurement of substitute goods or services. (b) Neither Customer, Esri nor any Esri authorized distributor or third -party licensor will be liable for any direct damages exceeding the applicable license fees, or current subscription fees, or Services fees paid or owed to Esri during the twelve (12) month period prior to the date upon which the related claim arose. B.4.2 The limitations and exclusions of liability in the preceding paragraph do not apply to Customer ’s infringement, misuse, or misappropriation of Esri’s or Esri’s licensors’ intellectual property rights, either party’s indemnification obligations, gross negligence, willful misconduct, or violations of the Export Compliance clause of this Agreement. B.4.3 Applicability of Disclaimers and Limitations. Esri or its authorized distributor has set its fees and entered into this Agreement in reliance on the disclaimers and limitations in this Agreement; the fees reflect an allocation of risk that is an essential basis of the bargain between the parties. These limitations will apply whether or not a party is aware of the possibility of any damage and notwithstanding any failure of essential purpose of any exclusive, limited remedy. B.4.4 The foregoing disclaimers, limitations, and exclusions may be invalid in some jurisdictions and apply only to the extent permitted by applicable law or regulation in Customer ’s jurisdiction. Customer may have additional rights that may not be waived or disclaimed. Esri does not seek to limit Customer ’s warranty or remedies to any extent not permitted by law. ARTICLE B.5—INDEMNIFICATIONS B.5.1 Definitions. The following definitions supplement the definitions provided in Attachment A: a. “Claim” means any claim, action, or demand by a third party. b. “Indemnitees” means Customer and its directors, officers, and employees. c. “Infringement Claim(s)” means any Claim alleging that Customer ’s use of or access to any Esri Offering or Service infringes a patent, copyright, trademark, or trade secret. d. “Loss(es)” means expenditure, damage award, settlement amount, cost, or expense, including awarded attorneys’ fees. B.5.2 Infringement Indemnity. a. Esri will defend, hold all Indemnitees harmless from, and indemnify any Loss arising out of an Infringement Claim. b. If Esri determines that an Infringement Claim is valid, Esri may, at its expense, either (i) obtain rights for Customer to continue using the Esri Offerings or Services or (ii) modify the Esri Offerings or Services while maintaining substantially similar functionality. If neither alternative is commercially reasonable, Esri may terminate Customer’s right to use the Esri Offerings or Services and will refund any (a) license fees that Customer paid for the infringing Esri Offerings or Services acquired under a Perpetual License, prorated on a 5-year, straight-line depreciation basis beginning from the initial date of delivery or (b) unused portion of fees paid for Term Licenses, subscriptions, and Maintenance. 79 E204-Legal Page 19 of 24 February 14, 2025 c. Esri has no obligation to defend an Infringement Claim or to indemnify Customer to the extent the Infringement Claim arises out of (i) the combination or integration of Esri Offerings or Services with a product, process, system, or element that Esri has not supplied or specified in the Specification; (ii) alteration of Esri Offerings or Services by anyone other than Esri or its subcontractors; (iii) compliance with Customer’s specifications; or (iv) use of Esri Offerings or Services after Esri either provides a modified version to avoid infringement or terminates Customer’s right to use the Esri Offerings or Services. B.5.3 General Indemnity. Esri will defend and hold all Indemnitees harmless from, and indemnify any Loss arising out of, any Claim for bodily injury, death, or tangible or real property damage brought against any of the Indemnitees to the extent arising from any negligent act or omission or willful misconduct by Esri or its directors, officers, employees, or agents performing Services while on Customer’s site. B.5.4 Conditions for Indemnification. As conditions for indemnification, Indemnitee will (i) promptly notify Esri in writing of the Claim, (ii) provide all available documents describing the Claim, (iii) give Esri sole control of the defense of any action and negotiation related to the defense or settlement of any Claim, and (iv) reasonably cooperate in the defense of the Claim at Esri’s request and expense. B.5.5 This section sets forth the entire obligation of Esri, its authorized distributor, and its third party licensors regarding any Claim for which Esri must indemnify Customer. ARTICLE B.6—INSURANCE If Esri is providing Services, Esri will carry, at a minimum, the following coverage: a. Comprehensive general liability or commercial general liability with a minimum coverage of $1,000,000.00 (US dollars) combined single limit per occurrence for bodily injury, including death, and property damage liability to include the following: 1. Premises and operations; 2. Blanket contractual liability; 3. Broad form property damage; 4. Independent contractors; 5. Personal injury, with employee exclusion deleted; and 6. Completed operations. b. Workers’ compensation insurance, with waiver of subrogation, in an amount that complies with statutory limits. ARTICLE B.7—SECURITY AND COMPLIANCE B.7.1 Security. Esri publishes its security capabilities at https://trust.arcgis.com. Customer may give Esri personnel access to Customer systems or to Customer or third-party personal information, controlled information, or sensitive data if access is essential for Esri’s performance of Services and if Esri expressly agrees to such access. Esri will use reasonable administrative, technical, and physical safeguards to protect such data and guard against unauthorized access. Customer bears responsibility to (i) confirm that Esri’s published security and privacy controls meet all applicable legal requirements for protection of Customer Content and (ii) upload or share Customer Content through Cloud Services only when it is legal to do so. Esri is not responsible to review Customer Content to ensure compliance with applicable laws and regulations. Customer must contact Esri at securesupport@esri.com for further instruction before providing any Customer Content that requires security measures other than Esri’s published security capabilities. B.7.2 Malicious Code. Esri will use commercially reasonable efforts to ensure that Esri Offerings will not transmit any Malicious Code to Customer. Esri is not responsible for Malicious Code that Customer introduces to Esri Offerings or that is introduced through Third-Party Content. B.7.3 Export Compliance. Each party will comply with all applicable export and trade sanctions laws and regulations, including the US Department of Commerce’s Export Administration Regulations (EAR), the US Department of State’s International Traffic in Arms Regulations (ITAR), the US Department of Treasury, Office of Foreign Assets Control (OFAC) Regulations, and other applicable export laws. Customer will not export, reexport, 80 E204-Legal Page 20 of 24 February 14, 2025 transfer, release, or otherwise dispose of, in whole or in part, or permit access to or transfer or use of Services or Esri Offerings to any United States embargoed countries currently including Iran, Syria, North Korea, Cuba, Russia, Belarus, Crimea region of Ukraine, the Donetsk People ’s Republic (DNR) and Luhansk People’s Republic (LNR), or denied entities or persons except in accordance with all then -current applicable US government export laws and regulations. Customer will not export, reexport, transfer, or use Services or Esri Offerings for certain missile, nuclear, chemical, or biological activities or end uses without proper authorization from the US government. Customer shall immediately notify Esri in writing if any US government entity or agency denies, suspends, or revokes Customer’s export privileges. Customer will not upload, store, or process in Cloud Services any Customer Content that (i) has an Export Control Classification Number (ECCN) other than EAR99 or (ii) is controlled for export from the United States under ITAR or (iii) is subject to the EAR where the cloud host is on the US government’s Specially Designated Nationals List, Denied Entity List, Unverified List or Denied Parties List or any other US government restricted list. Customer will notify Esri in advance if Esri’s performance of any Services or provision of any Esri Offerings is related to any defense article, defense service, or technical data, as defined under the ITAR Sections 120.31, 120.32, and 120.33, respectively; Esri will not perform any such Services or provide any such Esri Offerings until Esri obtains any necessary export license from the US government. Customer will reasonably assist Esri in applying for and obtaining an export license if needed. B.7.4 Privacy. Esri will process personal data according to the terms of the Data Processing Addendum available at https://www.esri.com/en-us/privacy/overview. ARTICLE B.8—CLOUD SERVICES B.8.1 Prohibited Uses. Customer shall not provide Customer Content or otherwise access or use Cloud Services in a manner that a. Creates or transmits spam, spoofings, or phishing email or offensive, hate-related or defamatory material; or stalks or makes threats of physical harm; b. Stores or transmits any Malicious Code; c. Violates any law or regulation; d. Infringes or misappropriates the rights of any third party; e. Probes, scans, or tests the vulnerability of Cloud Services or breach any security or authentication measures used by Cloud Services without written approval from Esri’s Product Security Officer; or f. Benchmarks the availability, performance, or functionality of Cloud Services. B.8.2 Service Interruption. System failures or other events beyond Esri’s reasonable control may interrupt Customer’s access to Cloud Services. Esri may not be able to provide advance notice of such interruptions. B.8.3 Customer Content. a. Customer grants Esri and its subcontractors a nonexclusive, nontransferable, worldwide right to host, run, modify, and reproduce Customer Content as needed to provide Cloud Services to Customer. Esri will not access, use, or disclose Customer Content without Customer’s written permission except as reasonably necessary to support Customer’s use of Cloud Services. Except for the limited rights granted to Esri under this Agreement, Customer retains all its rights, title, and interest in the Customer Content . b. If Customer accesses Cloud Services with an application provided by a third party, Esri may disclose Customer Content to such third party as necessary to enable interoperation between the application, Cloud Services, and Customer Content. c. Esri may disclose Customer Content if required to do so by law or regulation or by order of a court or other government body, in which case Esri will reasonably attempt to limit the scope of disclosure. d. When Customer’s use of Cloud Services ends, Esri will either 1. Make Customer Content available to Customer for download for a period of 30 days unless Customer requests a shorter window of availability or Esri is legally prohibited from doing so; or 2. Download all Customer Content in Esri’s possession to a medium of Customer’s choosing and deliver such Customer Content to Customer. 81 E204-Legal Page 21 of 24 February 14, 2025 Esri will have no further obligations to store or return Customer Content at the conclusion of the Cloud Services. B.8.4 Removal of Customer Content. Esri may remove or delete Customer Content if there is reason to believe that uploading Customer Content to or using it with Cloud Services materially violates this Agreement. If reasonable under these circumstances, Esri will notify Customer before removing Customer Content. Esri will respond to any Digital Millennium Copyright Act takedown notices in accordance with Esri’s copyright policy, available at www.esri.com/legal/dmca_policy. B.8.5 Service Suspension. Esri may suspend access to Cloud Services (i) if Customer materially breaches this Agreement and fails to timely cure the breach; (ii) if Esri reasonably believes that Customer’s use of Cloud Services will subject Esri to immediate liability or adversely affect the integrity, functionality, or usability of the Cloud Services; (iii) for scheduled maintenance; (iv) to enjoin a threat or attack on Cloud Services; or (v) if Cloud Services become prohibited by law or regulated to a degree that continuing to provide them would impose a commercial hardship. When feasible, Esri will notify Customer of any Cloud Services suspension beforehand and give Customer reasonable opportunity to take remedial action. Esri is not responsible for any damages, liabilities, or losses that may result from any interruption or suspension of Cloud Services or removal of Customer Content as described above. B.8.6 Notice to Esri. Customer will promptly notify Esri if Customer becomes aware of any unauthorized use of Customer’s subscription or any other breach of security regarding Cloud Services. ARTICLE B.9—GENERAL PROVISIONS B.9.1 Payment. Customer will pay each correct invoice no later than 30 days after receipt and will remit payment to the address stated on the invoice. Customers outside the United States will pay the authorized distributor’s invoices in accordance with the authorized distributor’s payment terms. B.9.2 Feedback. Esri may freely use any feedback, suggestions, or requests for Product improvement that Customer provides to Esri. B.9.3 Patents. Customer may not seek, and may not permit any other user to seek, a patent or similar right worldwide that is based on or incorporates any Products. This express prohibition on patenting will not apply to Customer’s software and technology except to the extent that Products, or any portion thereof, are part of any claim or preferred embodiment in a patent application or a similar application. B.9.4 Reserved. B.9.5 Taxes and Fees; Shipping Charges. Pricing of Esri Offerings and Services that Esri quotes to Customer is exclusive of any and all applicable taxes or fees including, but not limited to, sales tax, use tax, or value -added tax (VAT); customs, duties, or tariffs; shipping and handling charges ; and vendor enrollment fees. Esri will add any fees that it is required to pay to the total amount of its invoice to Customer. Esri may include estimated taxes and shipping and handling charges in its quotations but may adjust these fees on invoicing. For Customers outside the United States, the authorized distributor may quote taxes or fees in accordance with its own policies. B.9.6 Compliance Review. Customer will keep accurate and complete records and accounts pertaining to its compliance with its obligations under this Agreement. Esri or its authorized distributor may conduct a compliance review of these records and accounts with no less than 14 business days’ written notice or may appoint an independent third party to conduct such a compliance review on its behalf. Customer will promptly correct any noncompliance identified during the compliance review. Neither Esri nor Esri ’s authorized distributor may conduct a compliance review of Customer within 12 months after the conclusion of any prior compliance review that does not reveal any material Customer noncompliance. B.9.7 No Implied Waivers. The failure of either party to enforce any provision of this Agreement is not a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision. 82 E204-Legal Page 22 of 24 February 14, 2025 B.9.8 Severability. If any provision of this Agreement is held to be unenforceable for any reason, (i) such provision will be reformed only to the extent necessary to make the intent of the language enforceable, and (ii) all other provisions of this Agreement will remain in effect. B.9.9 Successor and Assigns. Customer will not assign, sublicense, or transfer Customer ’s rights or delegate Customer’s obligations under this Agreement without Esri’s and its authorized distributor’s prior written consent, and any attempt to do so without consent will be void. This Agreement will be binding on the respective successors and assigns of the parties to this Agreement. Notwithstanding, a contractor under contract to the government to deliver Products may assign this Agreement and Products acquired for delivery to its government customer upon written notice to Esri, provided the government customer assents to the terms of this Agreement. Upon mutual agreement, Esri’s Affiliates may provide Services under the terms of this Agreement; in such cases, the Ordering Documents will identify the Affiliate as the party that provides the Services. Esri ’s authorized distributors are not Affiliates of Esri. B.9.10 Survival of Terms. The Glossary of Terms and provisions of the following Articles of these General Terms and Conditions will survive the expiration or termination of this Agreement: “Limited Warranties and Disclaimers,” “Limitation of Liability,” “Indemnifications,” and “General Provisions.” B.9.11 US Government Customer. The Products are commercial items, developed at private expense, provided to Customer under this Agreement. If Customer is a US government entity or US government contractor, Esri licenses or provides subscriptions to Customer in accordance with this Agre ement under FAR Subparts 12.211/12.212 or DFARS Subpart 227.7202. Esri Data and Online Services are licensed or subscribed under the same DFARS Subpart 227.7202 policy as commercial computer software for acquisitions made under DFARS. Products are subject to restrictions, and this Agreement strictly governs Customer ’s use, modification, performance, reproduction, release, display, or disclosure of Products. Agreement provisions that are inconsistent with federal law regulation will not apply. A US government Customer may transfer Software to any of its facilities to which it transfers the computer(s) on which it has installed such Software. If any court, arbitrator, or board holds that a US government Customer has greater rights to any portion of Products under applicable public procurement law, such rights will extend only to the portions affected. B.9.12 Governing Law. This Agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods. a. Government Entities. If Customer is a government entity, the applicable laws of Customer ’s jurisdiction govern this Agreement. b. Nongovernment Entities. US federal law and the law of the State of California exclusively govern this Agreement, excluding their respective choice of law principles. B.9.13 Dispute Resolution. The parties will use the following dispute resolution processes: a. Equitable Relief. Either party will have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction without the requirement of posting a bond or proving injury as a condition for relief. b. US Government Agencies. This Agreement is subject to the Contract Disputes Act of 1978, as amended (41 USC 601–613). c. Other Government Entities. Esri will comply with mandatory dispute resolutions under applicable law. d. Arbitration. Except as noted above, the parties will submit to binding arbitration to resolve any dispute arising out of or relating to this Agreement that cannot be settled through negotiation. If Customer is in the United States or one of its territories or outlying areas, the Commercial Arbitration Rules of the American Arbitration Association will govern the arbitration proceedings. If Customer is outside the United States, the Rules of Arbitration of the International Chamber of Commerce will govern the proceedings. The parties will select a single arbitrator in accordance with the applicable arbitration rules. The language of the arbitration will be English. Arbitration will be at an agreed-upon location. Either party will, at the request of the other, make available documents or witnesses relevant to the major aspects of the dispute. B.9.14 Force Majeure. A party will not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond the party ’s reasonable control. Such causes may 83 E204-Legal Page 23 of 24 February 14, 2025 include, but are not limited to, acts of God, war, strikes, labor disputes, cyber attacks, laws, regulations, government orders, or any other force majeure event. B.9.15 Independent Contractor. Esri is and at all times will be an independent contractor. Nothing in this Agreement creates an employer/employee, principal/agent, or joint venture relationship between Esri or its authorized distributor and Customer. No party has any authority to enter into contracts on behalf of another party or otherwise act on behalf of another party. B.9.16 Notice. Customer may send notices required under this Agreement to Esri at the following address: Environmental Systems Research Institute, Inc. Attn.: Contracts and Legal Department 380 New York Street Redlands, CA 92373-8100 USA Tel.: 909-793-2853 Email: LegalNotices@esri.com 84 E204-Legal Page 24 of 24 February 14, 2025 ATTACHMENT C SAMPLE TASK ORDER Esri Agreement No. ________ Task Order No. __________ In accordance with the terms and conditions of the above-referenced Agreement between Environmental Systems Research Institute, Inc. (“Esri”), and ______________________ (“Customer”), ___________________ (“Customer Address”), this Task Order authorizes preparation and provision of the Deliverables described and in accordance with the terms, schedule, and start/end date(s) specified below. 1. Scope of Work: [As applicable, specifically identify and describe Deliverables including custom code, map data, technical data (including technical assistance), and the resources to be provided by Customer (including Customer-supplied personnel, software, hardware, and digital or hard-copy data) and place of delivery and location where technical assistance will be provided.] In addition to the foregoing, Customer agrees that its employees, representatives, and subcontractors will cooperate and communicate with Esri during performance of this Task Order. Without cost to Esri, Customer shall provide, allow access to, or assist Esri in obtaining all data Esri requests for performance of this Task Order, including, but not limited to, (1) copies of previously prepared reports, maps, plans, surveys, records, and other documents in the control or possession of Customer and (2) copies of ordinances, codes, regulations, or other governmental documents. 2. Contract Type: [Firm Fixed Price (FFP) or Time and Materials (T&M)]: 3. Total Task Order Value (if FFP) or Not-to-Exceed Value (if T&M): 4. Customer Address for the Receipt of Esri Invoices: 5. Delivery Schedule or Start/End Date(s) for Each Deliverable: 6. Special Considerations: 7. Esri Project Manager: [insert name, telephone, and email address] Esri Contract Specialist: [insert name, telephone, and email address] Customer Project Manager: [insert name, telephone, and email address] Customer Contract Contact: [insert name, telephone, and email address] Customer Accounts Payable Contact: [insert name, telephone, and email address] ACCEPTED AND AGREED: ENVIRONMENTAL SYSTEMS [sample only—do not sign] RESEARCH INSTITUTE, INC. (Customer) (Esri) Signature: [sample only—do not sign] Signature: [sample only—do not sign] Printed Name: Printed Name: Title: Title: Date: Date: 85 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 3D.6. Approve Agreement with OpenGov for Enterprise Asset Management (EAM) Software Prepared By Chloe McGuire, Deputy Community Development Director Heather Hegi, GIS and Asset Management Coordinator John Peterson, IT Supervisor Summary The City has made significant investments in its infrastructure, including mapping and data that support the physical infrastructure. Staff purchased OpenGov EAM (formerly called Cartegraph) to extend the capability of our GIS. It allows staff to perform work efficiently and effectively, keep track of work completed, document inspections, and estimate the condition of our infrastructure, thus, resulting in cost savings and effective customer service. The City is managing the following assets in OpenGov EAM: vehicle maintenance fleet and parts sanitary sewer mains, structures, lift stations water mains, laterals, hydrants, valves, main break reporting, meter inventory storm sewer mains and structures stormwater treatment facilities, ponds and wetlands, MPCA stormwater permit reporting street segments, pavement condition and analysis pavement markings (striping) street signs, street lights, traffic signals City trees snow plowing sanitary I & I compliance and FOG ordinance compliance ROW and stormwater permits inspection and compliance parks, ice rink maintenance, mowing, playground inspections trails, sidewalks, and curb ramp ADA compliance IT hardware Financial or Budget Considerations The term of the agreement is for four years. Staff negotiated a smaller percentage increase year-to- year in going with a four-year contract instead of a three-year contract. OpenGov continues to be a 86 leader in asset management, and we are confident in this software. The cost for this software is: 2026 - $51,777.36 2027 - $53,848.49 2028 - $56,002.39 2029 - $58,242.48 This is a budgeted expense in 2026 for with costs split between Public Works and Community Development. Legal Considerations The City's Legal Division reviewed and approved the contract. Equity Considerations This software allows us to combine information to give us valuable tools to help advise us to meet the equity plan and four key pillars. OpenGov is also largely used by the City's Public Works Department and allows them to track utility infrastructure, work orders, and complaints. OpenGov is an important tool for the City to continue having effective customer service. Recommended Action Motion to approve an agreement with OpenGov for enterprise asset management software. Supporting Documents OpenGov Master Services Agreement OpenGov Cartegraph Quote 87 OpenGov Master Services Agreement Last Modified: 5/5/2025 View agreement archive → The parties to this Master Services Agreement (this “Agreement”) are OpenGov, Inc., a Delaware corporation (“OpenGov”), and the party procuring OpenGov’s products and services (“Customer”). Each Customer will execute an Order Form, which becomes binding when the parties sign it (the “Effective Date”) and sets forth the terms and conditions under which OpenGov will provide its products and services to Customer. 1. Definitions 1.1. “Customer Data” means the data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer’s software systems of record), including any data transmitted through the Software Services. 1.2. “Documentation” means any written, electronic, or online materials produced by OpenGov, and made available to Customer in connection with the Software Services, including user guides, training materials, FAQs, and technical support content, but excluding Product Documentation. 1.3. “Intellectual Property Rights” means all past, present, and future intellectual property rights including those associated with 9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/1/1688 works of authorship, copyrights, moral rights, trademarks, trade names, trade secrets, patent rights, and any other proprietary rights in intellectual property of every kind and nature. 1.4. “Order Form” means the document(s) separately executed by the parties or attached as an exhibit, that specifies the Software Services and the Professional Services that OpenGov will provide to Customer. All such Order Form(s) are incorporated into this Agreement by reference. 1.5. “Product Documentation” means the technical specifications that describe the features, functionality, configuration, and intended operation of the Software Services located at https://opengov.my.site.com/support/s/agreement-product- documentation, which is incorporated into this Agreement by reference. 1.6. “Professional Services” means the implementation, configuration, training, consulting, or other professional services provided by OpenGov or its authorized partners, and identified in the applicable Statement of Work. 1.7. “Software Services” means the commercial-off-the-shelf software products and services provided by OpenGov and identified in the applicable Order Form. 1.8. “Statement of Work” or “SOW” means the document(s) separately executed by the parties or attached as an exhibit to this Agreement or any applicable Order Form, that specifies the Professional Services that OpenGov will provide to Customer. All such SOW(s) are incorporated into this Agreement by reference. 2. Software Services and Professional Services 2.1. Software Services. 9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/2/1689 2.1.1. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to provide the Software Services. 2.1.2. Support and Service Levels. Customer support is available by email to support@opengov.com or by using the chat messaging functionality of the Software Services. Customer may report issues any time; however, OpenGov will address issues during business hours. OpenGov will provide the applicable level of support in accordance with the Support and Software Service Levels located at https://opengov.com/service-sla, which is incorporated into this Agreement by reference. 2.2. Professional Services. 2.2.1. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to provide the Professional Services, if applicable. Unless otherwise specified in the SOW, any pre-paid Professional Services must be utilized within one year from the Effective Date. 2.2.2. Travel Expenses for Professional Services. Travel expenses, if any, will be set forth in the applicable Order Form or SOW. Any additional travel expenses shall be subject to Customer’s prior written approval and will be reimbursable by Customer. 3. Restrictions and Responsibilities 3.1. Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement. In addition, Customer shall not, and shall not knowingly or negligently, permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse 9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/3/1690 engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services, including but not limited to load testing or stress testing; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any personal, sensitive, or personally identifiable information to OpenGov in a manner that violates Customer’s obligations under the Data Processing Addendum. 3.2. Responsibilities. Customer shall be responsible for obtaining and maintaining computers, third-party software systems of record, and application programming interfaces needed to connect to, access, or otherwise use the Software Services. Customer shall also be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, in accordance with industry standards, and (c) all uses of Customer user accounts by any party other than OpenGov. OpenGov is not responsible for the operation, support, or security of any third-party software, systems, or services not provided by OpenGov. 3.3. Data Processing Addendum. To the extent OpenGov processes any Customer Data that contains personal information, personally identifiable information, or sensitive personal information on behalf of Customer in the course of providing the Software Services and Professional Services under this Agreement, the parties agree to comply with the terms of the Data Processing Addendum, located at https://opengov.com/terms-of-service/data-processing- 9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/4/1691 addendum/, which is incorporated into this Agreement by reference. 4. Intellectual Property Rights; License Grants; Access to Customer Data 4.1. OpenGov’s Intellectual Property Rights. OpenGov exclusively owns and retains all right, title, and interest to the Software Services, Professional Services, Documentation, and Product Documentation, including all Intellectual Property Rights therein. This includes, without limitation, all underlying technology, software, user interfaces, visual design elements (such as the “look and feel”), custom fonts, graphics, workflows, button icons, and any derivative works (e.g., enhancements, modifications, or corrections), including but not limited to those that are created in connection with or through the use of the Software Services, Professional Services, Documentation, or Product Documentation. Customer may not reproduce, modify, distribute, or create derivative works based on any part of the Software Services, in whole or in part, without OpenGov’s prior written consent. 4.2. License Grant to Customer. OpenGov grants Customer a non-exclusive, nontransferable, non-sublicensable, royalty-free license to use the Software Services, Documentation, and Product Documentation during the Term for its internal use and the purpose as described in this Agreement. No additional rights or licenses shall be deemed granted. 4.3. Customer’s Intellectual Property Rights. Customer retains all right, title, and interest, including all Intellectual Property Rights, in and to Customer Data. Customer grants OpenGov and its authorized partners (such as cloud hosting providers) a non- exclusive, royalty-free license to access, use, store, edit, reformat and otherwise process Customer Data for the purpose of 9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/5/1692 providing, maintaining, developing, and improving OpenGov’s products and services. 4.4. Aggregated and Anonymized Data. Customer agrees that OpenGov and its authorized partners may use aggregated and anonymized data derived from Customer Data to provide, maintain, develop, and improve OpenGov’s products and services, to provide general customer service support and improvements, and to perform data and usage analytics. Any insights, developments, or improvements arising from such aggregated, anonymized data shall be owned by OpenGov. 4.5. Access to Customer Data. Customer may download Customer Data from the Software Services at any time during the Term, excluding during routine software maintenance periods. For a period of 30 days after expiration of the Term, Customer may request that OpenGov complete a one-time transfer of Customer Data in a format customarily used in the industry at OpenGov’s then-current hourly rate. 4.6. Deletion of Customer Data. Unless otherwise requested pursuant to this Section 4.6, upon the termination of this Agreement, Customer Data shall be deleted pursuant to OpenGov’s standard data deletion and retention practices, which is to delete Customer Data 45 days after termination or expiration of the Agreement. Upon written request, Customer may request deletion of Customer Data prior to the date of termination of this Agreement, in accordance with the notice requirements set forth in Section 10.2. 4.7. Feedback. “Feedback” means any suggestions, comments, ideas, recommendations, usage, or other input provided by Customer to OpenGov regarding the services. Customer grants OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use such Feedback in the Software Services, Professional Services, Documentation and Product 9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/6/1693 Documentation. OpenGov will exclusively own all right, title, and interest, including all Intellectual Property Rights, in and to any improvements, modifications, or derivative works to the Software Services, Professional Services, Documentation or Product Documentation that are based on or derived from such Feedback. 5. Confidentiality 5.1. “Confidential Information” means all confidential business, technical, and financial information of the disclosing party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure. OpenGov’s Confidential Information includes, without limitation, the software underlying the Software Services, Documentation, and Product Documentation. 5.2. Confidential Information does not include information that: (a) was publicly known or becomes publicly known through no breach of this Agreement by the receiving party; (b) is required to be disclosed upon request under any applicable federal, state, or local public records laws; (c) Customer expressly directs OpenGov make publicly available; (d) was lawfully known to the receiving party without restriction on disclosure before receipt from the disclosing party; (e) is disclosed to the receiving party by a third party who has the right to make such disclosure without restriction; or (f) is independently developed by the receiving party without access to the disclosing party’s Confidential Information. 5.3. Each party agrees to use the other’s Confidential Information only in connection with this Agreement. Each party further agrees to protect the other party’s Confidential Information using the measures that it employs with respect to its own Confidential Information of a similar nature, but in no event with less than 9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/7/1694 reasonable care. If a party is required to disclose Confidential Information by law, subpoena, or court order, it must, to the extent legally permitted, promptly notify the other party in writing prior to the disclosure to give the other party an opportunity to oppose or limit the disclosure. 6. Term and Termination 6.1. Agreement Term. This Agreement begins on the Effective Date and will remain in effect until the termination or expiration of all active Order Forms entered into under this Agreement (“Term”), unless earlier terminated pursuant to this Section 6. 6.2. Renewal. Each Order Form shall automatically renew for additional terms equal in duration to its initial term (each, a “Renewal Term”), unless either party provides written notice of non-renewal at least 30 days prior to the expiration of the then- current term. 6.3. Termination for Cause. If either party materially breaches this Agreement and fails to cure such breach within 30 days after receiving written notice by the non-breaching party, the non- breaching party may terminate this Agreement. 6.4. Termination for Non-Appropriation. If required by applicable law, Customer may terminate this Agreement if it does not appropriate funds for a future fiscal year. In order to terminate for non-appropriation, Customer must provide at least 30 days’ prior written notice, provided it is after the first full year of the Agreement. Obligations to pay fees are non-cancelable, and payments are non-refundable. This section may not be used as a substitute for termination for convenience. 6.5. Effect of Termination. Upon termination of this Agreement pursuant to Section 6: (a) Customer shall pay in full for all of the Software Services and Professional Services for the then-current annual term; (b) OpenGov shall stop providing the Software 9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/8/1695 Services and the Professional Services to Customer; and (c) with the exception of Customer Data, the return and deletion of which are addressed in Section 4, each party shall, upon request of the other party, return or delete any of the other party’s Confidential Information. 7. Payment of Fees 7.1. Fees; Invoicing; Payment; Expenses. 7.1.1. Fees. Fees for the Software Services and Professional Services are set forth in the applicable Order Form, and OpenGov will invoice Customer accordingly. Customer agrees to pay invoices within 30 days of receipt. Invoices are deemed received when OpenGov emails them to Customer’s designated billing contact. Obligations to pay fees are non-cancelable, and payments are non-refundable, except as expressly provided in Sections 8.1.2 and 8.1.3. 7.1.2. Annual Software Price Adjustment. OpenGov shall increase the fees for the Software Services during any Renewal Term by 5% each year or as otherwise agreed upon in the applicable renewal Order Form. 7.1.3. Travel Expenses. OpenGov will invoice Customer for travel expenses provided in the SOW or Order Form as they are incurred. Customer shall pay all such valid invoices within 30 days of receipt of invoice. Receipts shall be provided for the travel expenses listed on the invoice. 7.2. Consequences of Non-Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law: (a) Customer will owe a late interest penalty of the maximum rate permitted by law; and (b) if Customer’s account remains delinquent (with respect to payment of an undisputed invoice) for 10 days after receipt of a 9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/9/1696 delinquency notice from OpenGov, which may be provided via email to Customer’s designated billing contact, OpenGov may temporarily suspend Customer’s access to the Software Service for up to 90 days to pursue good faith negotiations before pursuing termination in accordance with Section 6.3. Customer will continue to incur and owe all applicable fees irrespective of any such service suspension based on such Customer’s delinquency. 7.3. Taxes. Each party is responsible for the tax effects this Agreement imposes upon it. If Customer is tax-exempt, it will provide OpenGov its tax exemption certificate. 8. Representations and Warranties; Disclaimer 8.1. By OpenGov. 8.1.1. General Warranty. OpenGov represents and warrants that it has all right and authority necessary to enter into and perform this Agreement. 8.1.2. Professional Services Warranty. OpenGov further represents and warrants that the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related SOW and generally prevailing industry standards. For any breach of the Professional Services warranty, OpenGov will reperform the applicable services. If OpenGov is unable to re-perform such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must give written notice of any claim under this warranty to OpenGov within 90 days of the completion of the Professional Services pursuant to the applicable SOW to receive such warranty remedies. 8.1.3. Software Services Warranty. OpenGov further represents and warrants that for the Term, the Software 9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/10/1697 Services will perform in all material respects in accordance with the then-current Product Documentation. The foregoing warranty does not apply to (a) any Software Services that have been used in a manner other than as set forth in this Agreement, or (b) any pre-release features, functionality, or beta software services that Customer elects to use in the beta phase of development. For any breach of the Software Services warranty, OpenGov will repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted. If OpenGov is unable to do so, Customer may terminate the Agreement and will be entitled to a refund of the pre-paid, unused portion of the fees from the date of the discovery of the defect. Customer must give written notice of any claim under this warranty to OpenGov within 90 days of Customer discovering the defect to receive such warranty remedies. 8.2. By Customer. Customer represents and warrants that (a) it has all right and authority necessary to enter into and perform this Agreement and (b) OpenGov’s use of Customer Data pursuant to this Agreement will not infringe, violate or misappropriate Intellectual Property Rights of any third party.  8.3. Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS” AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 9. Limitation of Liability 9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/11/1698 9.1. By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 9.2. By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO OPENGOV FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 9.3. Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims arising out of fraud or willful misconduct by either party; (b) either party’s infringement of the other party’s Intellectual Property Rights; (c) breach of obligations under Section 3.1; and (d) payment obligations under this Agreement. 9.4. No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply. 10. Miscellaneous 9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/12/1699 10.1. Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade names for marketing and promotional purposes in OpenGov’s website and marketing materials, subject to Customer’s trademark usage guidelines provided to OpenGov. 10.2. Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone. For notices required by the Agreement the parties must communicate more formally in a writing sent via USPS certified mail and via email. OpenGov’s addresses for notice are: legal@opengov.com with a mailed copy to OpenGov, Inc., 660 3rd Street, Suite 100, San Francisco, CA 94107. 10.3. Anti-corruption. Neither OpenGov nor any of its employees or agents has offered or provided any illegal or improper payment, gift, or transfer of value in connection with this Agreement. The parties will promptly notify each other if they become aware of any violation of any applicable anti-corruption laws in connection with this Agreement. 10.4. Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party’s intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy. 10.5. Force Majeure. Neither party will be liable for any delay or failure to perform its obligations under this Agreement, due to any events beyond its reasonable control, including but not limited to acts of god, acts of governmental authority, war, riot, 9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/13/16100 labor disputes, failures of performance by any third-party services, utilities, or equipment failures, or any other events beyond the party’s reasonable control. Notwithstanding the foregoing, Customer shall remain obligated to perform its obligations under Section 7.1.1. 10.6. Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. 10.7. Survival. The following sections of this Agreement shall survive termination or expiration: Section 5 (Confidentiality), Section 7 (Payment of Fees), Section 4.6 (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability), and Section 10 (Miscellaneous). 10.8. Assignment. There are no third-party beneficiaries to this Agreement. Neither party may assign, or otherwise transfer this Agreement without the other party’s written consent, which consent may not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to its corporate affiliate or to any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement will benefit and bind permitted assigns and successors. 10.9. Independent Contractors. This Agreement does not create an agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other. 9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/14/16101 10.10. Governing Law and Jurisdiction. This Agreement will be governed by the laws of Customer’s jurisdiction, without regard to conflict of laws principles. The parties submit to personal jurisdiction and venue in the courts of Customer’s jurisdiction. 10.11. Complete Agreement. OpenGov has made no other promises or representations to Customer other than those contained in this Agreement. Any additional or different terms in a purchase order or click-through agreement are expressly rejected by the parties and are void. Any modification to this Agreement must be in writing and signed by an authorized representative of each party. No third parties are authorized to modify this Agreement. If there is a conflict between this Agreement and any other attached or incorporated document, the terms of this Agreement will control unless expressly stated otherwise. About Leadership Newsroom Careers Support Request a Demo SLA DPA Security Accessibility Store 9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/15/16102 Notice at collection Your Privacy Choices © 2025 OpenGov   |   Privacy Policy  9/22/25, 11:39 AM Terms of Service | OpenGov https://opengov.com/terms-of-service/master-services-agreement/16/16103 OpenGov Inc. 660 3rd Street, Suite 100 San Francisco, CA 94107 United States Order Form Number: Q-08336 Prepared By: Ashley Jackson Created On: 09/15/2025 Email: ashleyjackson@opengov.com Order Form Expiration: 02/28/2026 Contract Term: 48 Months Subscription Start Date: 03/01/2026 Subscription End Date: 02/28/2030 Customer Information: Customer: City of Golden Valley, MN Contact Name: Heather Hegi Bill To/Ship To: 7800 Golden Valley Rd, Email: hhegi@goldenvalleymn.gov Minneapolis, Minnesota Phone: 763-593-8036 55427 United States Order Details: Billing Frequency: Prepaid Payment Terms: Net 30 Days SOFTWARE SERVICES: Product Name Start Date End Date Annual Fee Asset Builder (option) 03/01/2026 02/28/2027 $440.96 Cartegraph OMS (21 to 50 User Licenses) 03/01/2026 02/28/2027 $17,652.96 Facilities Domain 03/01/2026 02/28/2027 $2,648.88 Integration Toolkit (option) 03/01/2026 02/28/2027 $661.44 OMS Plus 03/01/2026 02/28/2027 $15,254.64 Parks & Recreation Domain 03/01/2026 02/28/2027 $1,103.44 Sanitary Sewer Domain 03/01/2026 02/28/2027 $2,648.88 104 Scenario Builder (option) 03/01/2026 02/28/2027 $882.96 Signal Domain 03/01/2026 02/28/2027 $1,323.92 Stormwater Domain 03/01/2026 02/28/2027 $2,648.88 Systems Integration Support 03/01/2026 02/28/2027 $1,213.68 Transportation Domain 03/01/2026 02/28/2027 $1,986.40 Walkability Domain 03/01/2026 02/28/2027 $661.44 Water Distribution Domain 03/01/2026 02/28/2027 $2,648.88 Asset Builder (option) 03/01/2027 02/29/2028 $458.60 Cartegraph OMS (21 to 50 User Licenses) 03/01/2027 02/29/2028 $18,359.08 Facilities Domain 03/01/2027 02/29/2028 $2,754.84 Integration Toolkit (option) 03/01/2027 02/29/2028 $687.90 OMS Plus 03/01/2027 02/29/2028 $15,864.82 Parks & Recreation Domain 03/01/2027 02/29/2028 $1,147.58 Sanitary Sewer Domain 03/01/2027 02/29/2028 $2,754.84 Scenario Builder (option) 03/01/2027 02/29/2028 $918.28 Signal Domain 03/01/2027 02/29/2028 $1,376.88 Stormwater Domain 03/01/2027 02/29/2028 $2,754.84 Systems Integration Support 03/01/2027 02/29/2028 $1,262.23 Transportation Domain 03/01/2027 02/29/2028 $2,065.86 105 Walkability Domain 03/01/2027 02/29/2028 $687.90 Water Distribution Domain 03/01/2027 02/29/2028 $2,754.84 Asset Builder (option) 03/01/2028 02/28/2029 $476.94 Cartegraph OMS (21 to 50 User Licenses) 03/01/2028 02/28/2029 $19,093.44 Facilities Domain 03/01/2028 02/28/2029 $2,865.03 Integration Toolkit (option) 03/01/2028 02/28/2029 $715.41 OMS Plus 03/01/2028 02/28/2029 $16,499.42 Parks & Recreation Domain 03/01/2028 02/28/2029 $1,193.48 Sanitary Sewer Domain 03/01/2028 02/28/2029 $2,865.03 Scenario Builder (option) 03/01/2028 02/28/2029 $955.01 Signal Domain 03/01/2028 02/28/2029 $1,431.95 Stormwater Domain 03/01/2028 02/28/2029 $2,865.03 Systems Integration Support 03/01/2028 02/28/2029 $1,312.72 Transportation Domain 03/01/2028 02/28/2029 $2,148.49 Walkability Domain 03/01/2028 02/28/2029 $715.41 Water Distribution Domain 03/01/2028 02/28/2029 $2,865.03 Asset Builder (option) 03/01/2029 02/28/2030 $496.02 Cartegraph OMS (21 to 50 User Licenses) 03/01/2029 02/28/2030 $19,857.18 Facilities Domain 03/01/2029 02/28/2030 $2,979.63 106 Integration Toolkit (option) 03/01/2029 02/28/2030 $744.03 OMS Plus 03/01/2029 02/28/2030 $17,159.39 Parks & Recreation Domain 03/01/2029 02/28/2030 $1,241.22 Sanitary Sewer Domain 03/01/2029 02/28/2030 $2,979.63 Scenario Builder (option) 03/01/2029 02/28/2030 $993.21 Signal Domain 03/01/2029 02/28/2030 $1,489.23 Stormwater Domain 03/01/2029 02/28/2030 $2,979.63 Systems Integration Support 03/01/2029 02/28/2030 $1,365.22 Transportation Domain 03/01/2029 02/28/2030 $2,234.43 Walkability Domain 03/01/2029 02/28/2030 $744.03 Water Distribution Domain 03/01/2029 02/28/2030 $2,979.63 Customer Billing/Service Periods: Period: Total: 03/01/2026 $51,777.36 03/01/2027 $53,848.49 03/01/2028 $56,002.39 03/01/2029 $58,242.48 Order Form Legal Terms: This Order Form incorporates the OpenGov Master Services Agreement ("MSA") attached here or available at https://opengov.com/terms-of-service/master-services-agreement/. The "Agreement" between OpenGov and the entity identified above ("Customer") consists of the Order Form, MSA, and, if Professional Services are purchased, the Statement of Work. Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, 30 days from receipt of the invoice. 107 By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the Agreement to the exclusion of all other terms City of Golden Valley, MN: OpenGov, Inc. Signature: ____________________________ Signature: ____________________________ Name: ____________________________ Name: ____________________________ Title: ____________________________ Title: ____________________________ Date: ____________________________ Date: ____________________________ 108 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 3D.7. Approve Contract with Westwood Professional Services, Inc. for a Site Survey of Civic Center Campus Prepared By Chloe McGuire, Deputy Community Development Director Summary In order to prepare for master planning and site design of the Civic Center Campus, the City needs to survey the site. The 13+ acre site includes the Hennepin County Library parcel in the northwest and the remainder of the City campus (public safety, public works, and City Hall). The survey work also includes the right-of-way and all roads around the campus, as well as title work for the property. The survey is an important first step in understanding site conditions, boundaries, easements, and topography. There are no surveys of the campus on-file, and it appears that a full survey of the campus has never been completed. A survey of the library parcel was completed by Hennepin County and that data will be incorporated into this survey. Financial or Budget Considerations The site survey is a required step in the design process. This agreement allows a fee not to exceed $34,900.00. It will be funded by the City's Building Forward initiative, which primarily utilizes local sales tax proceeds. Legal Considerations The City's Legal Division reviewed and approved the draft contract. Equity Considerations In order to ensure equitable review, the City requested numerous quotes for this work. The City received seven quotes and chose the lowest responsible bid. Recommended Action Motion to approve a contract with Westwood Professional Services, Inc. for a site survey. Supporting Documents Contract 109 1 PROFESSIONAL SERVICES AGREEMENT FOR Westwood Professional Services, Inc. THIS AGREEMENT is made this November 18, 2025 (“Effective Date”) by and between Westwood Professional Services, Inc. a Texas corporation with its principal office located at 2805 Dallas Parkway, Suite 150, Plano, TX 75093 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of providing land development consulting, including engineering, surveying, planning, environmental, and traffic services. B. The City desires to hire Contractor to provide a survey of the City’s Civic Center Campus and adjacent roadways, including a wetland delineation, tree information, and title work. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested services. D. The City desires to engage Contractor to provide the services described in this Agreement and Contractor is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Contractor agree as follows: AGREEMENT 1. Services. Contractor agrees to provide the City with the services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2. Time for Completion. The Services shall be completed on or before February 27, 2026, provided that the parties may extend the stated deadlines upon mutual written agreement. This Agreement shall remain in force and effect commencing from the Effective Date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Contractor for the Services according to the terms on the attached Exhibit B in a total amount not to exceed $34,900.00. The consideration shall be for both the Services performed by Contractor and any expenses incurred by Contractor in performing the Services. Contractor shall submit statements to the City upon completion of the Services. The City shall pay Contractor within thirty-five (35) days after Contractor’s statements are submitted. 4. Termination. Notwithstanding any other provision herein to the contrary, this Agreement may be terminated as follows: Docusign Envelope ID: BAE314B2-7F8B-462D-B74A-7054D0643D2C 110 2 a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 5. Amendments. No amendments may be made to this Agreement except in writing signed by both parties. The City’s authorized agent, may on behalf of the City, administratively approve amendments that do not materially change the scope of work or increase the contract price. Any amendments that materially change the scope of work or increase the contract price shall require council approval. 6. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 7. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 8. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree indemnify and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all third-party claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or costs, disbursements, and reasonable expenses of defending the same, including but not limited to attorneys’ fees, caused by Contractor’s negligent acts, errors, or omissions or willful misconduct in the performance of this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 9. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; Business Auto Liability in an amount not less than $1,000,000.00 per occurrence; Professional Liability in an amount not less than $1,000,000.00 per claim; and Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per occurrence for property damage, $2,000,000.00 aggregate. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess Docusign Envelope ID: BAE314B2-7F8B-462D-B74A-7054D0643D2C 111 3 liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 10. Subcontracting. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent Contractors, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 11. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. 12. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the services which Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 13. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Contractor agrees to provide the Services. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined in the City’s Respectful Work Place Policy, and Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. Docusign Envelope ID: BAE314B2-7F8B-462D-B74A-7054D0643D2C 112 4 14. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Contractor, and supersedes any other written or oral agreements between the City and Contractor. This Agreement may only be modified in a writing signed by the City and Contractor. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between Exhibits A and B, the terms of Exhibit B shall prevail. 15. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 16. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 17. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 18. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City’s employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Contractor may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Contractor prior to the effective date of this Agreement; however, to the extent Contractor generates reports or recommendations for the City using proprietary processes or formulas, Contractor shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. Any reuse or modification by City or any other person or entity of the design documents or other instruments of professional service on other projects, for additions to this Project, or for completion of this Project by others without Contractor’s professional involvement will be at City’s sole risk and without any liability or legal exposure to Contractor. 19. Agreement Not Exclusive. The City retains the right to hire other professional Contractor service providers for this or other matters, in the City’s sole discretion. 20. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from Docusign Envelope ID: BAE314B2-7F8B-462D-B74A-7054D0643D2C 113 5 the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 21. Confidentiality. Consultant understands that the City has access to, develops, and uses private, confidential, nonpublic, and protected nonpublic information, as those terms are defined by the MGDPA, in connection with its business (collectively, “Confidential Information”). The City has instituted policies and procedures to protect and safeguard this Confidential Information. While working for the City under this Agreement, Consultant may come into contact with Confidential Information. Consultant understands that the protection of Confidential Information is required by law and is a requirement of their relationship with the City. Accordingly, Consultant agrees as follows: 21.1 During the term of this Agreement and after the termination of Consultant’s relationship with the City: (a) Consultant will keep secret all Confidential Information and will not directly or indirectly disclose it to anyone outside the City, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent Contractor from establishing a claim or defense in an adjudicatory proceeding; (b) Consultant will not make use of any Confidential Information for their own purposes or for the benefit of anyone other than the City; and (c) upon termination of Consultant’s relationship with the City, Consultant will promptly deliver to the City all memoranda, notes, records, and other documents (and all copies thereof) constituting or relating to Confidential Information. 21.2 If Consultant breaches or threatens to breach any provisions of paragraph 19.1, the City has the right to enforce this Agreement in any court having jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. 21.3 This Agreement is not intended to prevent Consultant from working for any employer subsequent to the termination of their relationship with the City, as long as Consultant does not use or disclose Confidential Information. 22. No Discrimination. Contractor agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender, gender identity, gender expression, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 23. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Chloe McGuire the Deputy Community Development Director of the City, or designee. Contractor’s authorized agent for purposes of administration of this contract is Nathan Stindtman or designee who shall perform or supervise the performance of all Services. 24. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: Docusign Envelope ID: BAE314B2-7F8B-462D-B74A-7054D0643D2C 114 6 CONTRACTOR THE CITY Westwood Professional Services, Inc. City of Golden Valley Attn: Nathan Stindtman Attn: Chloe McGuire 12701 Whitewater Drive, Suite 300 7800 Golden Valley Road Minneapolis, MN 55343 Golden Valley, MN 55427 Nathan.Stindtman@westwoodps.com cmcguire@goldenvalleymn.gov With a copy to: Westwood Professional Services, Inc. Attn: Legal 2805 Dallas Parkway, Suite 150 Plano, TX 75093 legal@westwoodps.com or such other contact information as either party may provide to the other by notice given in accordance with this provision. 25. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 26. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 27. Payment of Subcontractors. Contractor agrees that it must pay any subcontractor within 10 days of the prime contractor’s receipt of payment from the City for undisputed Services provided by the subcontractor. Contractor agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. 28. Publicity. At the City’s request, the City and Contractor shall develop language to use when discussing the Services. Contractor agrees that Contractor shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Contractor shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 29. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 30. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. Docusign Envelope ID: BAE314B2-7F8B-462D-B74A-7054D0643D2C 115 7 31. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 32. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. 33. Waiver of Consequential Damages. Neither City nor Contractor shall be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, regardless of the form of action whether in contract, tort (including negligence), strict liability, or otherwise, even if such party has been advised of the possibility of such damages. [Remainder of page left blank intentionally. Signature page follows.] Docusign Envelope ID: BAE314B2-7F8B-462D-B74A-7054D0643D2C 116 8 IN WITNESS WHEREOF, the City and Contractor have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. WESTWOOD PROFESSIONAL SERVICES, INC.: CITY OF GOLDEN VALLEY: By: Name: Title: By: Roslyn Harmon, Mayor By: Noah Schuchman, City Manager Docusign Envelope ID: BAE314B2-7F8B-462D-B74A-7054D0643D2C Vice President, Land Development Barry Morgan 117 9 | Confidential and Proprietary. TBPLS Firm #10074302 EXHIBIT A SCOPE OF SERVICES Scope of Basic Services 1. ALTA/NSPS Land Title and Topographical/Utility Survey Westwood will prepare a survey on the subject property to the "2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys", certified to the parties you specify. The survey and certification will include optional Table A items 1, 2, 3, 4, 5, 7(a)(b1)(c), 8, 11(a), 18 and 19. *Westwood will order a Title Commitment through a 3rd Party. Fee estimate of $2,500 for this service is included in the fee below for Task 1. Westwood will prepare a topographic survey on the subject property as shown on Exhibit 1. As part of the survey, we will survey and establish adjacent right-of-way lines, locate visible improvements, utilities (including rim/invert elevations, pipe sizes, pipe types), and grades of adjacent streets. An AutoCAD base file (Civil 3D – 2021 format) along with surface and elevation information (contours generated at 1-foot intervals) of the topographic survey (topo extents shown below on Exhibit 1) will be provided and referenced to the Ramsey County Coordinate System. Assumptions and Conditions for ALTA/NSPS Land Title and Topo/Utility Survey 1. Underground utilities will be mapped per visible observations on site and markings per a state One Call. Below ground utilities will not be physically located. 2. Only those easements included in the title work package will be shown on the survey. No search for easements or restrictions will be made by Westwood. 3. Westwood will provide revisions in consult with the Client pertaining to the clarification of technical data depicted on the survey one time. Revisions due to updated title work, or other items not applicable to technical clarification, will be considered extra and performed on an hourly basis. At this time, the extent of offsite easements related to the subject properties is unknown and the assumption is made that there are none. Upon review of the title work, Westwood reserves the right to increase our fee should substantial offsite easements exist. 4. The project boundary will not change during preparation of the survey. 5. The client will obtain land control and provide full site access for Westwood staff. 6. The entire site will be accessible during the daylight hours. 7. Westwood will make every effort to safely collect manhole inverts in the roadway. If deemed unsafe due to volume of traffic, additional charges may occur to provide temporary traffic control, if necessary. 8. At the time of survey all or portions of the project areas may be covered by snow and ice. There may be features that are invisible or obscured at that time which will not be depicted on the survey map. 9. Westwood assumes that excessive snow and ice conditions may result in up to a 15% fee increase. 10. Requests for services not outlined in the Scope of Basic Services will be considered “additional” and will be performed on an hourly basis in accordance with our current fee schedule. Proposed Schedule • Base Cad file (Boundary/Topo/Utils): 20 – 25 business days of NTP. Docusign Envelope ID: BAE314B2-7F8B-462D-B74A-7054D0643D2C 118 10 | Confidential and Proprietary. TBPLS Firm #10074302 • ALTA/NSPS Land Title Survey: 25 - 30 business days of NTP. 2. Field Wetland Delineation Prior to conducting the field delineation, Westwood will review available mapping resources including the National Wetlands Inventory, National Hydrography Dataset (NHD), MNDNR Public Waters Inventory, USDA-NRCS Soil Survey information and available topographic information to identify potential wetland areas on the site. Following the mapping and off-site review, Westwood will delineate the boundaries of jurisdictional wetlands in the field using the routine determination method set forth in the Corps of Engineers Wetlands Delineation Manual (U.S. Army Corps of Engineers 1 987) and using the wetland determination data form provided in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual for the appropriate region. Delineated wetlands will be located using a sub-meter accurate GPS unit and classified according to Wetlands of the United States (U.S. Fish and Wildlife Service Circular 39; Shaw and Fredine, 1971), Wetlands and Deepwater Habitats of the United States (FWS/OBS Publication 79/31; Cowardin et. al. 1979), and the Hydrogeomorphic Approach for Assessing Wetland Functions (Brinson, M.M. 1993). Waterways within the project area will be delineated in the field by documenting their Ordinary High-Water Marks (OHWMs), as determined by the USACE Regulatory Guidance Letter No. 05- 05 (U.S. Army Corps of Engineers 2005). USACE regulations set forth at 33 CFR 328.3(e) defines the OHWM for purposes of Clean Water Act lateral jurisdiction. The OHWM refers to the line on the shore established by water-level fluctuations and is indicated by certain physical characteristics. Data forms will be completed for each field-delineated wetland or waterway. We assume that the field delineation will require no more than 1 field day to complete. Additional mobilizations to the site due to additional parcels after the field delineation will be considered outside this scope and will require a separate fee proposal or be billed on an hourly basis. A. Deliverables 1. Shapefiles of delineated wetlands and waters. B. Assumptions 1. No report will be prepared as a part of this scope of work. 2. No agency coordination will occur as a part of this scope of work. 3. Full access to all areas of the Project Area will be available to Westwood field staff during the field work, 4. Wetlands will be located with GPS units, but no pin flags will be placed in the field, 5. Data sheets will be completed for each wetland, or watercourse, and weather and general field conditions will be appropriate for work to proceed uninhibited within the growing season. 6. Work will commence during the 2025 growing season, when field conditions allow, 7. The study area consists of approximately 13 acres. Proposed Schedule 8 weeks + NTP Docusign Envelope ID: BAE314B2-7F8B-462D-B74A-7054D0643D2C 119 11 | Confidential and Proprietary. TBPLS Firm #10074302 3. Tree Tagging and Survey Westwood will tag, provide size in diameter breast height (dbh) and identify species of legacy trees on the site as described in Golden Valley City Code Chapter 111-2 (Tree and Landscape Requirements). Each tree tag will include the tree species and size. The City of Golden Valley identifies a significant tree as “a healthy, deciduous Tree, measuring 30 inches in Diameter or greater, or a healthy coniferous Tree, measuring 24 inches or greater in Diameter”. Westwood has assumed that it will be possible to locate tagged trees using sub-meter accurate GPS equipment. Westwood has estimated from aerial photography that the site contains approximately 25 to 50 legacy trees and has used this estimate as the basis for the lump sum fee estimate below. A. Deliverables 1. Shapefiles and a table of identified legacy trees. B. Assumptions 1. The actual number of legacy trees on the Site is within the estimated range noted under the tree tagging task. 2. Tree tagging and surveying will take place during leaf-off conditions. 3. Normal weather conditions will exist during the time of tree tagging and surveying. Deep snow, storms and extreme temperatures could delay survey efforts. 4. The site will not contain thick understory plants and shrubs, such as common buckthorn and prickly ash, which can significantly slow survey efforts. 5. GPS technology and accuracy will be adequate to locate individual trees, and satellite reception will not be blocked by adjacent buildings, topography, or trees. 6. Traditional land survey techniques will not be necessary to locate the individual trees. 7. All applicable application fees will be paid by client. 8. This proposal does not include the cost to develop a tree preservation plan that may be required by the city. Proposed Schedule 8 weeks + NTP 4. Miscellaneous Coordination, Meetings and Revisions (If needed) (Hourly – 20 Hr Budget) Westwood will provide project management services to assist Client in overall project layout and approvals. Docusign Envelope ID: BAE314B2-7F8B-462D-B74A-7054D0643D2C 120 7 | Confidential and Proprietary. TBPLS Firm #10074302 EXHIBIT 1 Docusign Envelope ID: BAE314B2-7F8B-462D-B74A-7054D0643D2C 121 EXHIBIT B FEE SCHEDULE Westwood proposes to complete the basic services described herein per the fee table below. Fees for hourly work will be in accordance with our current fee schedule. Our scope and fee are based upon our current understanding of the project. If the scope of work changes, we look forward to further refining our tasks and fees to coincide with the project. Hourly rate = $200/hour. Docusign Envelope ID: BAE314B2-7F8B-462D-B74A-7054D0643D2C 122 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 3E.1. Adopt Resolution No. 25-107 to Approve Participation in the Metropolitan Council Environmental Services (MCES) 2026 Private Property Inflow and Infiltration (I/I) Grant Program Prepared By Tim Kieffer, Public Works Director Summary The Metropolitan Council Environmental Services (MCES) will be offering eligible cities a limited number of grants to assist residents with I/I defects within their private sanitary sewer lateral. To qualify for this program, residents must receive an initial inspection from the city and complete rehabilitation measures of their sewer before December 31, 2026. The grant program will end when the MCES budget of $1,500,000 has been allocated. When the program terminates, participating cities will be notified. The City will serve as the Grant Administrator for the funds. To apply, the City needs to adopt a resolution agreeing to participate in the program, confirm that it will adhere to certain project management criteria, and identify a city officer that is authorized to submit the Grant Program Work Verification form. The deadline for the application is November 28, 2025. Financial or Budget Considerations There are no budgetary impacts. The city will be required to pay the contractor before submitting reimbursement from MCES on a quarterly basis. The city is requesting $250,000 in grant funding. Legal Considerations The Legal Department has reviewed and approved the resolution. Equity Considerations Applicants must be a homeowner with a house value below $561,500, which is 125% of the median house value and making $88,300 or less, which is 80% of the median household income, according to the city’s website. Applicants qualifying under these two requirements will have repairs funded 100% up to $10,000. Recommended Action 123 Motion to Adopt Resolution No. 25-107 to Approve Participation in the Metropolitan Council Environmental Services (MCES) 2026 Private Property Inflow and Infiltration (I/I) Grant Program. Supporting Documents Resolution No. 25-107 - Approving Participation in MCES I&I Grant Program 124 RESOLUTION NO. 25-107 A RESOLUTION TO APPROVE PARTICIPATION IN THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) 2026 PRIVATE PROPERTY INFLOW AND INFILTRATION (I/I) GRANT PROGRAM WHEREAS, the City of Golden Valley has been identified by the Metropolitan Council Environmental Services (“MCES”) as a qualifying municipality for the MCES grant program which offers residents fifty percent reimbursement on residential sanitary sewer rehabilitation costs up to $5,000 for applicants not meeting any equity criteria or $10,000 for applicants meeting the equity criteria; and WHEREAS, the grant application requires the City Council to pass a resolution authorizing staff to apply for the grant and authorizing the Mayor and City Manager to sign the grant agreement on behalf of the City of Golden Valley; and WHEREAS, the MCES also requires the City to agree to act as a Grant Administrator for funds distributed by MCES to vendors that have met the grant requirements and performed work for Golden Valley residents as part of the program ; and WHEREAS, the City anticipates it would be one of several communities participating in the grant program, which program terminates once MCES awards the total of $1,500,000 set aside for the program. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that this Council  Approves participation in the MCES 2026 Private Property I/I Grant Program (“the Program”);  Authorizes the City to act as the Grant Administrator for MCES 2026 Private Property I/I Grant Program for residents that meet the program requirements ;  Authorizes the Mayor and City Manager to sign the grant agreement on behalf of the City and to deliver and execute such documents as may be required by MCES or the City to administer the Program;  Designates Public Works Director as the authorized representative of the City for the Program and authorizing them to provide certifications required in the Program and to submit pay claims for reimbursement of Program costs on behalf of the City; and  Directs staff to secure and retain documentation for all properties and ha ve them available to MCES upon request. BE IT FURTHER RESOLVED, that this Council understands that the grant program terminates once MCES awards the total of $1,500,000 set aside for the program. 125 Resolution No. 25-107 -2- November 18, 2025 Passed by the City Council of the City of Golden Valley, Minnesota this 18th day of November, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 126 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 3F. Adopt Ordinance No. 807 Amending Section 113-27 Board of Zoning Appeals and Section 113-32 Variances and Resolution No. 25-108 Approving Summary Publication Prepared By Jacquelyn Kramer, Senior Planner Summary Periodically, Planning Division staff update sections of the zoning code to reflect current administrative processes and industry best practices. Staff propose an ordinance updating the City Code sections that govern variance applications. These updates clarify parts of the variance application process that were not described in City Code and reformat the sections of the Code that govern the Board of Zoning Appeals and variance applications to be consistent with other similar sections in City Code. The overall goal of this update is to make the code easier to understand for all users, including applicants, staff, Planning Commission, and City Council. Planning Commission held a public hearing on the proposed code amendment on October 27, 2025, at which time no one testified. Planning Commission unanimously recommended approval of the draft ordinance. Next Steps If Council approves the amendment, staff will update the variance application form to reflect the new code language. The language would go into effect January 1, 2026, to align with fee schedule changes. Financial or Budget Considerations There are no financial or budget impacts associated with this update. Legal Considerations Section 113-29 governs the procedure for amending the zoning code. A public hearing notice was published in the official City newspaper 10 days before Planning Commission held the public hearing. Zoning text amendments require a majority affirmative vote from Council for approval. The City Attorney's office reviewed the draft ordinance before the public hearing. Equity Considerations Planning Commission held a public hearing on this item on October 27, 2025, which gave residents an opportunity to participate in the process consistent with Equity Pillar 2 for Inclusive and Effective Community Engagement. The proposed code revisions make the code easier to understand for all 127 users, including applicants, staff, Planning Commission, and City Council. This is an important goal in the City's Equity Plan, specifically for Community Development. Recommended Action Adopt Ordinance No. 807 amending Section 113-27 Board of Zoning Appeals and Section 113-32 Variances and Resolution No. 25-108 approving summary publication of Ordinance No. 807. (Note: The summary publication resolution requires a four-fifths vote of all members of the Council for approval. The approval of amendments requires a simple majority.) Supporting Documents Ordinance No. 807 - Amending Section 113-27 Board of Zoning Appeals and Section 113-32 Variances Resolution No. 25-108 - Authorizing Summary Publication of Ordinance No. 807 October 27, 2025, Planning Commission Staff Report 128 ORDINANCE NO. 807 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 AMENDING SECTION 113-27 BOARD OF ZONING APPEALS AND ADDING SECTION 113-32 VARIANCES The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 113-27 is amended to read as follows: Sec. 113-27. Board of Zoning Appeals. (a) Membership. The Board of Zoning Appeals shall consist of four at large members, one non - voting youth member, and one voting member of the Planning Commission. Each member shall have one vote. At large members shall serve three-year staggered terms and the youth member shall serve a one-year term, and the Planning Commission member shall rotate among Planning Commissioners at the discretion of the Planning Commission. The City Council shall appoint all at large members at its last meeting in April, effective May 1, and all youth members at its last meeting in September, effective October 1. The term limits and definitions in City Code, section 2-125 shall also apply to members of the Board of Zoning Appeals. (b) Planning Commission Members. All the voting members of the Planning Commission are alternates to the Board of Zoning Appeals. In the absence of any voting member of the Board of Zoning Appeals, any voting member of the Planning Commission may serve as an alternate. At least one voting member of the Planning Commission shall be present at each meeting of the Board of Zoning Appeals. The Board of Zoning Appeals shall meet at least once a month if there are any variance applications pending for action. (c) Duties and Responsibilities. The Board of Zoning Appeals shall meet at least once a month if there are any variance applications pending for action. It is the duty of the Board of Zoning Appeals to evaluate and decide certain requests to the City regarding zoning and the requirements of this chapter. Specifically, it shall: (1) Decide appeals where it is alleged that an error has been made in any order, requirement, decision or determination, and/or interpretation made by the City Manager or other City administrative official in enforcement and administration of this chapter. (2) Hear requests for variances from the requirements of this chapter, including restrictions placed on nonconformities. (d) Variances. Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the Comprehensive Plan. (1) A variance may be granted when the petitioner for the variance establishes that there are practical difficulties in complying with this chapter. The term "practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by this chapter b. The plight of the property owner is due to circumstances unique to the property not created by the property owner; and 129 Ordinance No. 807 -2- November 18, 2025 c. The variance, if granted, will not alter the essential character of the locality. a. Economic considerations alone do not constitute practical difficulties. Practical difficulties include but are not limited to, inadequ ate access to direct sunlight for solar energy systems. Notwithstanding the foregoing, variances shall be granted for earth-sheltered construction as defined in Minn. Stats. § 216C.06, subd. 14, when in harmony with this chapter. b. The Board of Zoning Appeal s may not grant a variance that would allow any use that is not allowed under this chapter for property in the zone where the affected person's land is located. The Board of Zoning Appeals may impose conditions in the granting of variances. A condition mus t be directly related and bear a rough proportionality to the impact created by the variance. c. Where the City, County, or the State creates or worsens a nonconforming setback or prevents or worsens compliance with the applicable parking requirements by acquiring a portion of a lot for a public improvement, the lot owner shall be entitled as a matter of right to obtain a variance for the nonconforming setback or parking condition so created or worsened. This subsection shall apply only to acquisitions taking place after June 1, 1992, and shall not apply to acquisitions taking place in the normal course of the land subdivision (platting) process. Nothing contained in this subsection shall be interpreted to lessen the requirement for a traffic management plan co ntained in this chapter. (e) Procedures. a. Appeals to the Board of Zoning Appeals may be taken by an affected person by filing a petition form with the City. Such petitions shall be heard at the next regular monthly meeting of the Board of Zoning Appeals, provided that such petitions must be received by the City Manager or his/her designee no later than 15 working days prior to the meeting date for which a hearing could be scheduled. Failure to follow this procedure shall result in a delay of the hearing until the next regular meeting of the Board of Zoning Appeals. b. The Board of Zoning Appeals shall give at least 10 days' written notice of the time, place, and nature of the appeal hearing to the petitioner and to all adjacent property owners. Any party may a ppear at such hearing, whether in person or by agent or attorney. c. The Board of Zoning Appeals shall make its order with respect to said appeal within 60 days of submission of the petition. d. Within 30 days of the final order of the Board of Zoning Appeals, a ny petitioner feeling aggrieved by the decision of the Board of Zoning Appeals may file a written appeal with the designated staff liaison, thereby appealing the decision of the Board of Zoning Appeals to the City Council. The City Council shall, within 30 days from the date of such appeal, make its findings and determination with respect to the appeal and serve a written report thereof upon the appellant by United States mail. If no appeal is taken by the petitioner from the decision of the Board of Zoning Appeals in the manner provided above, then the decision of the Board of Zoning Appeals shall be final. 130 Ordinance No. 807 -3- November 18, 2025 e. In those cases where the effect of the decision of the Board of Zoning Appeals is to grant a variance, the permission or license to perform the action a uthorized thereby shall lapse one year after the order granting the variance is served by mail, unless construction has commenced or a valid building permit for the work described in the variance has been issued and work is proceeding in an orderly way within said one-year period in accordance with the plans for which such variance was approved, or unless otherwise specified in the order granting the variance. The City Council, in its sole discretion, may grant an extension of up to one additional year upon request of the applicant. Any modification of the plans prior to or during construction shall be cause for the issuance of a stop order and the filing of a new petition for variance if such modification adversely affects any aspect of the plans directly i nvolved in the consideration and approval of the earlier variance petition. f. A variance shall be effective only to the extent of the exact circumstances contained in the approved petition. Any subsequent property alteration that would impact the extent of an existing variance, either through additional horizontal or vertical expansion or through such other form of change as may be applicable shall require a new petition for variance. A proposed, fully conforming alteration to a property for which a past vari ance was granted shall also require a new petition for variance if the official records of the Board of Zoning Appeals indicate that the current proposal adversely affects an aspect of the property that served as full or partial grounds for the earlier var iance. Section 2. City Code Section 113-32 is added, and subsequent sections of Article II are renumerated. Sec. 113-32. Variances. (a) Purpose. The purpose of this Section is to provide for deviations from the requirements of this Chapter, including restrictions placed on non-conformities. Pursuant to Minnesota Statutes 15.99, an application for a variance shall be approved or denied within 60 da ys from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes 15.99, City staff may extend the 60 - day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 -day period. (b) Review Criteria. Variances shall only be permitted when all the following criteria, when applicable, are met: (1) The variance, and its resulting construction or project, is in harmony with the general purposes and intent of this chapter and consistent with the Comprehensive Plan. (2) An applicant establishes that there are practical difficulties in complying with this chapter. The term "practical difficulties," as used in connection with the granting of a variance, means: 131 Ordinance No. 807 -4- November 18, 2025 a. The property owner proposes to use the property in a reasonable manner not permitted by this chapter; and b. The plight of the property owner is due to circumstances unique to the property not created by the property owner; and c. The variance, if granted, will not alter the essential character of the locality. (3) The variance request is not based exclusively on economic considerations. (4) The variance, and its resulting construction or project, would not impair an adequate supply of light and air to adjacent properties, nor would it substantially increase traffic congestion in public streets, increase the danger of fire, or endanger the public safety . (5) Notwithstanding the foregoing, variances shall be granted for: earth-sheltered construction as defined in Minn. Stats. § 216C.06, subd. 14, and for inadequate access to direct sunlight for solar energy systems, when in harmony with this chapter. (6) No variance may be granted for any use that is not allowed under this chapter for property in the zone where the affected property is located. (7) Where the City, County, or the State creates or worsens a nonconforming setback or prevents or worsens compliance with the applicable parking requi rements by acquiring a portion of a lot for a public improvement, the lot owner shall be entitled as a matter of right to obtain a variance for the nonconforming setback or parking condition so created or worsened. This subsection shall apply only to acquisitions taking place after June 1, 1992, and shall not apply to acquisitions taking place in the normal course of the land subdivision (platting) process. Nothing contained in this subsection shall be interpreted to lessen the requirement for a traffic management plan contained in this chapter. (c) Procedures. (1) Appeals to the Board of Zoning Appeals may be taken by an affected person by filing a variance application with the City. Such applications shall be heard at the next regular monthly meeting of the Board of Zoning Appeals, provided that such applications must be received by the Planning Division no later than 15 working days prior to the meeting date for which a hearing could be scheduled. Failure to follow this procedure shall result in a delay of the hearing until the next regular meeting of the Board of Zoning Appeals. (2) The Board of Zoning Appeals shall give at least 10 days' written notice of the time, place, and nature of the public meeting to the applicant and all property owners within 500 feet of the subject site. Any party may appear at such meeting, whether in person or by agent or attorney. (3) The Board of Zoning Appeals shall make its order with respect to said appeal within 60 days of submission of the application. The Board of Zoning Appeals may impose conditions in the granting of variances. A condition must be directly related and bear a rough proportionality to the impact created by the variance. (4) Within 10 calendar days of the final order of the Board of Zoning Appeals, any applicant feeling aggrieved by the decision of the Board of Zoning Appeals may file a written appeal 132 Ordinance No. 807 -5- November 18, 2025 with the designated staff liaison, thereby appealing the decision of the Board of Zoning Appeals to the City Council. The City Council shall, within 30 calendar days from the date of such appeal, make its findings and determination with respect to the appeal and produce a written report thereof upon the appellant. If no appeal is taken by the applic ant from the decision of the Board of Zoning Appeals in the manner provided above, then the decision of the Board of Zoning Appeals shall be final. (5) In those cases where the effect of the decision of the Board of Zoning Appeals is to grant a variance, the permission or license to perform the action authorized thereby shall lapse one year after the order granting the variance is approved, unless construction has commenced or a valid building permit for the work described in the variance has been issued and work is proceeding in an orderly way within said one-year period in accordance with the plans for which such variance was approved, or unless otherwise specified in the order granting the variance. The City Council, in its sole discretion, may grant an extension of up to one additional year upon request of the applicant. Any modification of the plans prior to or during construction shall be cause for the issuance of a stop order and the filing of a new application for a variance if such modification adversel y affects any aspect of the plans directly involved in the consideration and approval of the earlier variance application. (6) A variance shall be effective only to the extent of the exact circumstances contained in the approval. Any subsequent property alteration that would impact the extent of an existing variance, either through additional horizontal or vertical expansion or through such other form of change as may be applicable shall require a new variance application. A proposed, fully conforming alteration to a property for which a past variance was granted shall also require a new variance application if the official records of the Board of Zoning Appeals indicate that the current proposal adversely affects an aspect of the property that served as full or partial grounds for the earlier variance. Section 3. This ordinance shall take effect on January 1, 2026, and from and after its passage and publication as required by law. Adopted by the City Council on this 18th day of November 2025. _____________________ Roslyn Harmon, Mayor ATTEST: ________________________ Theresa J. Schyma, City Clerk 133 RESOLUTION NO. 25-108 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 807 WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 807 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 113 OF THE CITY CODE RELATED TO VARIANCES This is a summary of the provisions of Ordinance No. 807 which has been approved for publication by the City Council. At the November 18, 2025, City Council meeting, the Golden Valley City Council enacted Ordinance No. 807 amending Section 113-27 Board of Zoning Appeals and Section 113- 32 Variances. The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at https://www.goldenvalleymn.gov/179/City-Code-and-Proposed-Ordinances. Passed by the City Council of the City of Golden Valley, Minnesota on November 18, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 134 1 Date: October 27, 2025 To: Golden Valley Planning Commission From: Jacquelyn Kramer, Senior Planner Subject: Ordinance Amending Section 113-27 and Section 113-32 Planning Analysis City Code Section 113-29 governs the process for amending the zoning code. Zoning text amendments may be initiated by the City or by an outside applicant. Planning Commission holds a public hearing, reviews the application, and makes a recommendation to City Council. Level of Discretion in Decision Making The City has a high level of discretion when considering changes to the zoning code. Zoning text amendments are considered a legislative action, which gives City Council broad authority to amend the zoning code in the interest of the general health, safety, and welfare of the community. Proposed Ordinance Staff propose moving the code language that describes the variance application process out of Section 113-27 Board of Zoning Appeals, and into a new Section 113-32. This aligns the format of Section 113-27 with the other sections of City Code that describe other boards and commissions in the city. Staff propose minor formatting changes in Section 113-27 that would not change the content of the section. As part of creating a standalone variance application section, staff propose the following changes and additions in Section 113-32: 1. A new purpose statement that describes the timeline for reviewing variance applications. This addition codifies current city process. 2. Increasing the radius of properties receiving the public meeting notice to 500 feet to be consistent with other planning applications. 3. A subsection describing the Board of Zoning Appeals’ ability to impose conditions when granting a variance. This addition codifies current city process. 135 2 4. Shortens the length of time an applicant may appeal a decision of the Board of Zoning Appeals from 30 days to 10 days. Public Notification To comply with State law and the City’s public hearing notice requirements, the City published a public hearing notice in the Sun Post Newspaper. At the time of this report staff has received no comments on the proposed ordinance. Next Steps City Council will take action on the proposed code amendments on November 18, 2025 Staff Contact Jacquelyn Kramer Senior Planner jkramer@goldenvalleymn.gov 136 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 3G. Adopt Ordinance No. 808 Amending Chapter 109 Subdivisions and Resolution No. 25-109 Approving Summary Publication Prepared By Jacquelyn Kramer, Senior Planner Summary Periodically, Planning Division staff update sections of the zoning code to reflect current administrative processes and industry best practices. Staff propose an ordinance amending City Code Chapter 109 to allow certain minor subdivision applications to be approved administratively. The overall goal of this ordinance is to simplify and clarify the City's subdivision application process. Planning Commission held a public hearing on the proposed code amendment on October 27, 2025, at which time no one testified. Planning Commission unanimously recommended approval of the draft ordinance. Next Steps If Council approves the amendment, staff will update the subdivision application form to reflect the new code language. The language would go into effect January 1, 2026, to align with fee schedule changes. Financial or Budget Considerations There are no financial or budget impacts associated with this update. Legal Considerations Section 113-29 governs the procedure for amending the zoning code. A public hearing notice was published in the official City newspaper 10 days before Planning Commission held the public hearing. Zoning text amendments require a majority affirmative vote from Council for approval. The City Attorney's office reviewed the draft ordinance before the public hearing. Equity Considerations Planning Commission held a public hearing on this item on October 27, 2025, which gave residents an opportunity to participate in the process consistent with Equity Pillar 2 for Inclusive and Effective Community Engagement. The proposed code revisions make the code easier to understand for all users, including applicants, staff, Planning Commission, and City Council. This is an important goal in the City's Equity Plan, specifically for Community Development. 137 Recommended Action Adopt Ordinance No. 808 amending Chapter 109 Subdivisions and Resolution No. 25-109 approving summary publication of Ordinance No. 808. (Note: The summary publication resolution requires a four-fifths vote of all members of the Council for approval. The approval of amendments requires a simple majority.) Supporting Documents Ordinance No. 808 - Amending Chapter 109 Subdivisions Resolution No. 25-109 - Authorizing Summary Publication of Ordinance No. 808 October 27, 2025, Planning Commission Staff Report 138 ORDINANCE NO. 808 AN ORDINANCE AMENDING CITY CODE CHAPTER 109 SUBDIVISIONS The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 109 is amended to read as follows. “***” denotes a section break. Sec. 109-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: *** Lot Line Adjustment: An administrative subdivision process by which two or more contiguous existing lots or parcels move one or more boundary lines so as to reconfigure their shapes or sizes, without creating additional lots or altering the number of parcels. *** DIVISION 3. FINAL PLAT Sec. 109-93. Application; Approval; Filing. (a) Application. After the preliminary plat has been approved by the Council, the subdivider must apply for approval of the final plat. The application must be made within 180 calendar days of the approval by the Council of the preliminary plat unless an extension is made by the Council. The subdivider shall submit copies of the final plat (in conformance with the approved preliminary plat). The subdivider shall also provide one copy of the final plat to each utility company (telecommunications, electric, gas, and cable TV). The subdivider shall also furnish the City with the abstract of title or registered property abstract. (b) Approval of Final Plat. The Council shall grant approval of the final plat, refer the final plat to the Planning Commission for additional study, or disapprove the final plat st ating the reasons for such action which shall be recorded in the minutes of the meeting. Action to approve the plat shall be by resolution of the Council and shall be taken within 60 calendar days of the preliminary approval if the subdivider so requests a nd has complied with all the conditions, requirements, and provisions of this chapter. (1) Before the Council gives approval to the final plat, a review of the certified abstract of title or the registered property abstract by the City Attorney showing title or control of the property being subdivided by the subdivider may be required. The applicant shall pay all costs of such review by the City Attorney. 139 Ordinance No. 808 -2- November 18, 2025 (2) The final plat may include only that portion of the preliminary plat which the owner or subdivider proposes to record or develop, provided that such portion conforms with all of the requirements of this chapter. (3) If the plat is approved, the subdivider shall submit two reproducible copies of the final plat for signing by the proper City officials, one of which will be retained by the City for their records. (c) Combination Preliminary/Final Plat Applications. An applicant may submit preliminary and final plat applications at the same time for City Council to consider both applications at the same meeting. (d) Filing/Recording. (1) Filing/Recording. After the Council approves the final plat, the subdivider shall file it for recording with the County Recorder or the Registrar of Titles within 60 120 calendar days of the date of the resolution approving the final plat. If the subdivider does not file the final plat within 60 120 calendar days, the final plat shall become null and void unless the Council grants an extension. The subdivider must request extensions in writing within the 120-day period. (2) Proof of Filing/Recording. The subdivider shall immediately upon recording furnish the City with a print of the final plat with recording or filing data shown on the plat. No building permits shall be issued on any of the platted property until the City has received the above copy of the plat. *** DIVISION 4. MINOR SUBDIVISIONS, CONSOLIDATIONS, AND ADMINISTRATIVE LOT LINE ADJUSTMENTS Sec. 109-119. Eligibility for Application. In keeping with Minn. Stats. § 462.358, subd. 1a, which allows for the establishment of more than one class of subdivision and more than one set of regulations, certain proposed land subdivisions and consolidations may qualify for application under this division. For such applications, the standards, requirements, and procedures cited herein shall supersede their subdivision counterparts of this chapter. Each of the following conditions must be met to establish eligibility: (1) The land to be subdivided or consolidated must be part of a recorded plat or a recorded registered land survey (RLS) (2) Consolidations may involve any number of parcels, but subdivisions shall be limited to the creation of four or fewer lots from one or more original parcels (3) The subdivision or consolidation shall not necessitate any additional public investment in new roads or utilities to serve the lots. 140 Ordinance No. 808 -3- November 18, 2025 (4) For lot line adjustments, all affected parcels are contiguous and no additional lots or parcels are created. Sec. 109-120. Components of Application. Application for a minor subdivision consolidation, or lot line adjustment shall be made on forms furnished by the City. A filing fee set by Council resolution shall accompany the application. The applicant shall also furnish copies of a sketch showing the following: (1) North arrow and scale (no smaller than one inch equals 100 fe et). (2) Overall dimensions of the property and of each internal property division. (3) An existing conditions survey. The survey must include: lot dimensions, all platted and recorded easements, all existing structures with dimensions to show size and location, structure setbacks from all property lines, and the location of existing driveways and utility lines. (4) A proposed conditions survey. The survey must include: the proposed lot lines, all platted, recorded, and proposed easements, all existing structures wit h dimensions to show size and location, structure setbacks from all property lines, and the location of existing driveways and utility lines. (5) Square footage of the overall property and of each internal property division. (6) (4) Location of all public utilities, streets, driveways, and easements, adjacent to or on the property. (7) Location and dimensions of any existing buildings and distances to nearest existing or proposed lot lines on all sides. (8) Size, species, and location of all existing significant trees, specimen trees, and significant woodlands, as defined by the City Code, located within the project limits. These significant trees, specimen trees, and significant woodlands should be identified in both graphic and tabular form. This existing tree survey must be prepared by a certified tree inspector or landscape architect retained by the applicant. (9) A grading plan establishing yards or site elevations, with sufficient proposed elevations indicated thereon to provide proper control of the development to ensure proper building grades, site drainage, and conformance to established street grades. (10) Evidence of the current condition of title to the land affected by the lot line adjustment, in a form reasonably acceptable to the city attorney, which may include an abstract of title or registered property abstract or a commitment for an owner's policy of title insurance. The City Attorney may require the applicant to also provide copies of recorded instruments that are referenced in the submitted title evidence. 141 Ordinance No. 808 -4- November 18, 2025 (11) Any other information specific to the particular site and required for the complete evaluation of the application. Such information shall be supplied at the expense of the applicant. Sec. 109-121. Conditions for Approval or Denial. (a) Minor subdivisions, consolidations, and administrative lot line adjustments shall be denied if the proposed lots fail to meet the following requirements: (1) All lots shall meet the minimum area requirements of the zoning district in which they are located, except that lots in the Single-family Residential (R-1) District created through minor subdivision after November 4, 2015, must be at least 15,000 square feet if the average of the R-1 single-family lots within 250 feet of the subject parcel have an average lot area of 18,000 square feet or greater, excluding from the calculation the subject parcel and lots less than 4,001 square feet. (2) All lots shall meet the minimum dimension requirements of the zoning district in which they are located, except that lots in the R-1 and Moderate Density Residential (R-2) Districts created through minor subdivision after November 4, 2015, must meet the minimum lot width at the minimum front yard setback line and maintain that lot width to a point 70 feet back from the front lot line. (3) The entire front of each lot shall abut on a street right-of-way and there shall be vehicular access to and from each lot via an improved street on which the lot abuts and/or via an improved public alleyway on which the lot abuts. (4) Corner lots shall be platted at least 20 feet wider than the required minimum lot width as required by Chapter 113, pertaining to zoning. (5) For lot line adjustments, the lots must be part of a recorded plat, and the adjustment shall not create or delete any existing lots. (b) Minor subdivisions may be denied upon the City's determination that the buildable portion of a resulting new lot is encumbered by steep slopes or excessive wetness. Alternatively, approval of the minor subdivision may be conditioned on the applicant's submittal of a certified engineer's study showing how the lot may be so reconditioned as to allow development without adversely affecting adjacent sites. (c) Minor subdivisions may be denied if public sewer and water connections are not directly accessible by each proposed lot. Alternatively, approval of the minor subdivision may be conditioned on the applicant's obtaining the necessary easements across adjacent properties to the nearest reasonable point of public sewer and water connection. (d) Approval of minor subdivisions shall be conditioned on the applicant's granting of easements for necessary public purposes, as determined by the City. (e) Where public agencies, other than the City, have some form of jurisdiction over an area including or directly affected by a proposed minor subdivision, approval of that minor subdivision may be conditioned on the requirements of the outside agency. Such agencies 142 Ordinance No. 808 -5- November 18, 2025 shall include, but not be limited to, the County, the State Department of Transportation, the State Department of Natural Resources, and the Bassett Creek Watershed Management Commission. (f) If applicant is required to submit to a review of the property's title pursuant to this division, then approval of the minor subdivision shall be conditioned on the applicant's resolution of any title issues raised by the City Attorney. (g) Minor subdivisions of nonresidential parcels may be denied upon the City Engineer's determination that new development on the resulting lot will cause undue strain on adjacent roads or on public utilities or will adversely affect adjacent residential, institutional, or public land uses. Alternatively, approval of the minor subdivision may be conditioned on the applicant's agreeing to take specific action to mitigate the strain or adverse effect. (h) Approval of residential minor subdivisions shall be conditioned on the payment of a park dedication fee, sewer and water access charges, and pending or levied deferred assessments in the amounts established by Council resolution. (i) The conditions spelled out in this section shall provide the only basis for denial of a minor subdivision or consolidation except for the additional conditions imposed on residential zero lot line homes and administrative lot line adjustments later in this division. Approval will be granted to any application that meets the established conditions. Additionally, an applicant may request a waiver from specific conditions imposed in this sectio n by applying for a variance in accordance with this chapter. Sec. 109-122. Application Review Process. (a) The completed application shall be received by the Planning Division. Staff shall review the application for conformance with the conditions stated above. If the application meets all conditions for a minor subdivision, consolidation, or administrative lot line adjustment, City staff shall administratively approve the application and mail a notification to all property owners within 250 feet of the subject property indicating that the application has been approved. (b) Upon approval of the minor subdivision, consolidation, or administrative lot line adjustment, the applicant shall cause the approval to be recording or filed with the County Recorder or Registrar of Titles within 120 days of the date of the approval. If the applicant does not file the approval within 120 days of the date of approval, the approval shall be null and void. The City shall not issue any permits on the affected properties until the applicant submits proof that the approval was filed with the County. 143 Ordinance No. 808 -6- November 18, 2025 Sec. 109-122. - Final Plat Application Review Process. (a) The completed application shall be received by the staff of the Community Development Department. An official public hearing by the Planning Commission shall be scheduled following application acceptance. At least 10 days prior to the hearing date, legal notice shall be published in the official newspaper of the City, and notice of the hearing shall be mailed to the owners of all property within 500 feet of the subject property. The Planning Commission shall consider the conditions established in Section 109-121 and shall make a recommendation to the City Council on whether to approve or deny the proposed minor subdivision or consolidation. (b) After review and recommendation by the Planning Commission, the application shall be formally heard by the City Council. (c) If preliminary Council approval is granted, the applicant shall have a final plat prepared in accordance with this chapter and in conformance with the sketch approved by the Council. At this time, the applicant may be required to submit, for review by the City Attorney, a current certified abstract of title or a current registered property abstract for the property. The cost of this review shall be borne by the applicant. Unless an extension is requested by the applicant and granted by the Council, the plat and evidence of clear title shall be completed and submitted to the City within 180 days of Council approval. After the Council passes a resolution approving the plat, two hard copies of the plat shall be furnished by the applicant for signing. Except as otherwise authorized by the Council, all conditions placed on the approval shall be fulfilled before the signed plat copies are released by the City. (d) A certified copy of the resolution approving the final plat, together with one copy of the final plat, shall be recorded with the County. The filing of the plat must be done by the applicant within 60 days of the approval of the resolution. The other hard copy shall be filed with the City. Proof of filing of the final plat shall be submitted to the City prior to issuance of any building permits on the properties. 144 Ordinance No. 808 -7- November 18, 2025 Sec. 109-123. Minor Subdivision for a Residential Zero Lot Line Home. (a) If the conditions for eligibility above are met, then a lot occupied or proposed to be occupied by a residential zero lot line structure may be split along the party line to provide individual ownership of each unit. The components of application shall be as specified above. The application review process shall be as outlined above, except that the conditions for approval shall also include Subsection (b) of this section. (b) All of the following conditions shall be met before a minor subdivision for a residential zero lot line home shall be approved: (1) Each newly created lot shall individually be exempt from the minimum lot size and width requirements found in the R-2 Zoning District provisions of Chapter 113, but in combination the lots shall meet said requirements. Other requirements of this division shall be met as stated. (2) The property and structure must be able to be split into substantially equal sections, except as necessary to meet the wider corner lot requirement, and except that developmentally unsuitable portions of a lot may be discounted. Rowhouses may be allowed wider lots for end units. (3) The structure must meet current building code standards for firewall separation, which may be created by new construction or an addition to existing construction. (4) Separate utility services must be provided. (5) The owner of the property to be subdivided shall execute and record at owner's expense a "Declaration of Covenants, Restrictions and Conditions." Said document shall be used to protect the rights of the individual owners sharing the single structure as to maintenance and repair and reconstruction in case of damage to the original structure. Specifically, it shall provide protection to the property owners and the City on the following: a. Building and use restriction. b. Party walls and other necessary common easements, including utilities and access. c. Submission to binding arbitration of disputes between owners. (6) The City shall be a beneficiary to these "Declarations of Covenants, Restrictions and Conditions." They shall be submitted for review by the Planning Commission and the Council at the time the proposed subdivision is reviewed. The City Attorney shall also review the "Declarations of Covenants, Restrictions and Conditions." Changes to the document shall be made if so recommended by the City Attorney. The cost of such review shall be paid by the applicant. (7) No building permit shall be issued on any of the property until proof of recording the "Declarations of Covenants, Restrictions and Conditions" has been submitted to the City. (8) Any other conditions shall be imposed that the City deems necessary to ensure compatibility with surrounding structures or to ensure a reasonable division of property. 145 Ordinance No. 808 -8- November 18, 2025 109-124 Minor Subdivision for a Lot Line Adjustment (a) If the conditions for eligibility above are met, then contiguous lots wishing to adjust boundary lines to reconfigure their shapes or sizes may apply for a lot line adjustment. The components of application shall be as specified above. The application review process shall be as outlined above, except that the conditions for approval shall also include Subsection (b) of this section. (b) All of the following conditions shall be met before a lot line adjustment may be approved: a. The adjustment does not result in the creation of a new lot; b. The adjustment does not impair existing public or private easement rights; c. The resulting parcels meet all applicable ordinance requirements, except that if any of the parcels were previously non-conforming, they become more conforming as a result of the lot line adjustment. Section 2. This ordinance shall take effect on January 1, 2026, and from and after its passage and publication as required by law. Adopted by the City Council on this 18th day of November 2025. _____________________ Roslyn Harmon, Mayor ATTEST: ________________________ Theresa J. Schyma, City Clerk 146 RESOLUTION NO. 25-109 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 808 WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 808 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 109 OF THE CITY CODE RELATED TO SUBDIVISIONS This is a summary of the provisions of Ordinance No. 808 which has been approved for publication by the City Council. At the November 18, 2025, City Council meeting, the Golden Valley City Council enacted Ordinance No. 808 amending Section 109 Subdivisions. The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at https://www.goldenvalleymn.gov/179/City-Code-and-Proposed- Ordinances. Passed by the City Council of the City of Golden Valley, Minnesota on November 18, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 147 1 Date: October 27, 2025 To: Golden Valley Planning Commission From: Jacquelyn Kramer, Senior Planner Subject: Ordinance Amending Chapter 109 - Subdivisions Planning Analysis City Code Section 113-29 governs the process for amending the zoning code. Zoning text amendments may be initiated by the City or by an outside applicant. Planning Commission holds a public hearing, reviews the application, and makes a recommendation to City Council. Level of Discretion in Decision Making The City has a high level of discretion when considering changes to the zoning code. Zoning text amendments are considered a legislative action, which gives City Council broad authority to amend the zoning code in the interest of the general health, safety, and welfare of the community. Proposed Ordinance Staff proposes amending Division 4, which governs Minor Subdivisions and Consolidations, by allowing these applications to be approved administratively rather than by City Council. State statute strictly defines the criteria cities must use when considering these applications. These actions are considered quasi-judicial and cities have very little discretion when considering these applications. Staff proposes an administrative review process that uses the same criteria as the current code and state statute. Section 109-122 would be amended to describe the administrative review and approval process. Staff also proposes adding Section 109-124 which would allow lot line adjustments to be approved administratively. Currently, City Code does not have a process for property owners to adjust interior property lines between two lots, which has created confusion and additional cost for residents who would like to buy or sell a small piece of land to their neighbor. Lot line adjustments would have additional approval standards and this process could not be used to create a nonconforming or unbuildable lot. 148 2 Staff recommend the following minor changes as part of this code update: 1. Adding a new definition “lot line adjustment” to Section 109-1 Definitions. 2. Adding Section 109-93(c) which would allow preliminary and final plats to be filed, processed, and approved concurrently. 3. Extending the deadline to record approved final plats from 60 days to 120 days. 4. Miscellaneous formatting corrections. Public Notification To comply with State law and the City’s public hearing notice requirements, the City published a public hearing notice in the Sun Post Newspaper. At the time of this report staff has received no comments on the proposed ordinance. Next Steps City Council will take action on the proposed code amendments on November 18, 2025 Staff Contact Jacquelyn Kramer Senior Planner jkramer@goldenvalleymn.gov 149 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 3H. Adopt Ordinance No. 809 Amending Section 113-1 Definitions, 113-30 Conditional Uses, and Section 113-87 Summary Use Tables and Resolution No. 25-110 Approving Summary Publication Prepared By Jacquelyn Kramer, Senior Planner Summary Periodically, Planning Division staff update sections of the zoning code to reflect current administrative processes and industry best practices. Staff propose an ordinance updating Section 113- 30 Conditional Uses. This amendment clarifies parts of the Conditional Use Permit (CUP) application process that were not described in City Code, updates CUP review criteria to remove subjectivity, and creates two categories of CUP amendments: major and minor. If Council approves the ordinance, minor CUP amendments would be approved administratively by the Planning Division. Staff also propose updates to Section 113-1 Definitions and Section 113-87 Summary Use Tables. This amendment allows some uses that currently require CUPs in particular zoning districts to be approved through the administrative zoning permit process, and updates the corresponding land use definitions. Finally, City Council and community members have expressed interest in the City prohibiting the retail sale of pets. Staff propose language prohibiting retail pet stores, while maintaining current animal shelter and animal rescue organization uses, in Section 113-1 and Section 113-87. Planning Commission held a public hearing on the proposed code amendment on October 27, 2025, at which time no one testified. Planning Commission unanimously recommended approval of the draft ordinance. After the public hearing, residents submitted letters in support of the changes to retail pet stores. Please see the emails attached to this report. Next Steps If Council approves the amendment, staff will update the conditional use permit application form to reflect the new code language. The language would go into effect January 1, 2026, to align with fee schedule changes. Financial or Budget Considerations There are no financial or budget impacts associated with this update. 150 Legal Considerations Section 113-29 governs the procedure for amending the zoning code. A public hearing notice was published in the official City newspaper 10 days before Planning Commission held the public hearing. Zoning text amendments require a majority affirmative vote from Council for approval. The City Attorney's office reviewed the draft ordinance before the public hearing. Equity Considerations Planning Commission held a public hearing on this item on October 27, 2025, which gave residents an opportunity to participate in the process consistent with Equity Pillar 2 for Inclusive and Effective Community Engagement. The proposed code revisions make the code easier to understand for all users, including applicants, staff, Planning Commission, and City Council. This is an important goal in the City's Equity Plan, specifically for Community Development. Recommended Action Adopt Ordinance No. 809 amending Section 113-1 Definitions, 113-30 Conditional Uses, and Section 113-87 Summary Use Tables and Resolution No. 25-110 approving summary publication of Ordinance No. 809. (Note: The summary publication resolution requires a four-fifths vote of all members of the Council for approval. The approval of amendments requires a simple majority.) Supporting Documents Ordinance No. 809 - Amending Section 113-1 Definitions, 113-30 Conditional Uses, and Section 113-87 Summary Use Tables Resolution No. 25-110 - Authorizing Summary Publication of Ordinance No. 809 October 27, 2025, Planning Commission Staff Report Resident Emails 151 ORDINANCE NO. 809 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 113 AMENDING SECTIONS 113-1 DEFINITIONS, 113-30 CONDITIONAL USES, AND SECTION 113-87 SUMMARY USE TABLES The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 113-1 is amended to add the following definitions: Sec. 113-1 Definitions Animal Rescue Organization: a non-profit organization incorporated under the law of any state and exempt from federal taxation under Section 501(c)(3) of the federal Internal Revenue Code, as amended, whose principal activity is to rescue sick, injured, abused, neglected, unwanted, abandoned, orphaned, lost or displaced animals and adopt them to good homes. “Animal rescue organization” does not include any entity that breeds animals or that (1) is located on the same premises as; (2) has any personnel in common with; (3) obtains, in exchange for payment or any other form of compensation, dogs or cats from; or (4) facilitates the sale of dogs or cats obtained from a person that breeds animals. Animal Shelter: a facility, whether located in or outside the State, that is operated by or un der contract with any state, county, or municipality for the purpose of impounding or caring for seized, stray, homeless, abandoned, unwanted, or surrendered animals. Cosmetology Services: Any facility providing retail goods or services related to personal care and beauty products. This includes but is not limited to barbershops, hair and nail salons, estheticians, massage therapy, tanning facilities and tattoo parlors. Dwelling - Senior and Disability Housing: A multifamily dwelling with open occupancy limited to disabled persons and/or persons over 55 years of age requiring services, except that no more than 10 percent of the occupants (excluding disabled persons) may be persons under 55 years of age (spouse of a person over 55 years of age or caretakers, etc.). Outdoor Dining Area: sale and serving of food and beverages outside of an enclosed building where it is offered in conjunction with an established restaurant use. Place of Assembly Worship: A building or portion thereof, together with its accessory buildings and uses, of which the principal use is the regular assembly of a group of individuals for religious worship, ceremonies, or events. Pet Store: retail establishment where animals are sold, exchanged, bartered or offered for sale to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined. Temporary Retail and Produce Sales: Sales of goods for a limited time period, including but not limited to outdoor tree sales, sidewalk sales, retail displays in front of commercial buildings near front entrances, farmer’s markets, garden centers, firework sales. Section 2. City Code Section 113-30 is amended to read as follows: 152 Ordinance No. 809 -2- November 18, 2025 Sec. 113-30. Conditional Uses. (a) Purpose. The purpose and intent of this section is to regulate uses which may be beneficial in a specific instance to the general welfare of the community, and to provide the City with a reasonable degree of discretion to determine that such uses are not detrimental to the surrounding community, do not adversely affect the general public health, welfare, or safety of the community, and are consistent with the stated purpose of the zoning district in which such uses are located. the suitability of certain uses with characteristics which may be appropriate within a given zoning district but which might have an unusual impact upon surrounding properties or which might otherwise adversely affect the future development of the City or the general public health, welfare, o r safety of the property or residents therein. A conditional use permit shall be required for those occupations, vocations, skills, businesses, or other uses specifically designated in each zoning district as requiring such a permit. (b) Conditional Use Permit Required. A conditional use permit shall be required for those land uses specifically designated in each zoning district as requiring such a permit. (c) Time for Review. Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 day period. (d) Pre-Application Meeting. Before submitting a CUP application, all applicants shall schedule a Pre-Application meeting with City staff, per the requirements in Section 113 -34. (e) An application for a conditional use permit shall be filed with the Planning Division on a form provided by the City and may be made by any governmental body, department, board, or commission, or by any person, individual or corporate, having a legal interest in the property described in the application. Each legal parcel property site shall require its own application. Single applications may not be made for noncontiguous or scattered sites. The applicant shall submit a current title commitment, certified abstract of title, or certificate of title with the application. (f) The City Manager or their designee Planning Division shall refer the application to the Planning Commission to hold the official public hearing. Notice of the official public hearing shall be published in the official newspaper of the City not less than 10 days prior to the date of the hearing. Such notice shall include the date, time, and place of the hearing and shall reasonably identify the subject site. The applicant and all property owners within 500 feet of the subject site shall be notified of the official public hearing, not less than 10 days prior to the date of such official public hearing. Such notice shall include the date, time, and place of the hearing and shall identify the subject site. (g) The Planning Commission shall make findings and recommendations to the City Council in writing. The findings and recommendations of any proposed conditional use permit request shall be based upon the following general performance standards and criteria, as applicable: 153 Ordinance No. 809 -3- November 18, 2025 based upon any or all of the following factors (which need not be weighed equally) and shall present its findings and recommendations to the City Council in writing: (1) Demonstrated need for the proposed use. (2) Consistency with the Comprehensive Plan of the City and Capital Improvement Plan. (3) Effect upon property values in the neighboring area. Whether the conditional use will impede the development and improvement of surrounding property for uses permitted in the district. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. (4) Effect of any anticipated traffic generation upon the current traffic flow and congestion in the area. Whether the conditional use generates traffic volumes or patters that will unreasonably impact the safety, access, or quality of life of neighboring properties, and the extent to which any adverse impacts are minimized or mitigated. The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with this Code. (5) Effect of any increases in population and density upon surrounding land uses. (6) Compliance with the City's Mixed-Income Housing Policy (if applicable to the proposed use). (7) Increase in noise levels to be caused by the proposed use. (8) Whether the conditional use causes any odors, dust, smoke, gas, or vibration and the extent to which any such impacts are minimized or mitigated. Any odors, dust, smoke, gas, or vibration to be caused by the proposed use. (9) Any increase in pests, including flies, rats, or other animals or vermin in the area t o be caused by the proposed use. (10) Visual appearance of any proposed structure or use. (11) Whether the conditional use impacts pedestrian travel. If applicable, a pedestrian circulation system shall be clearly defined and appropriate conditions imposed to protect such areas from encroachment by parked or moving vehicles. (12) The impact of loading docks and drive-up facilities. Loading docks and drive-up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any "adjacent" residential use or district. (13) Whether the site drainage system shall, in the opinion of the City Engineer, be constructed in compliance with this Code. (14) Whether the appearance causes a blighting influence on surrounding properties. The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings so as to cause a blighting influence. Provisions shall be made for an interior location for recycling, compost, and trash area or an outdoor, enclosed receptacle area shall be provided. 154 Ordinance No. 809 -4- November 18, 2025 (15) The use and site shall be in compliance with all local, federal and state laws or regulations which are applicable and any related permits are obtained and documented to the City. (16) Whether the hours of operation of the use impact surrounding residential uses or districts. The hours of operation may be restricted when there is potential negative impact upon a residential use or district. (h) The City Council shall take no action on the application until it receives the Planning Commission's recommendation, or until 60 days after such application has been submitted to the Planning Commission. Upon receiving the findings and recommendations of the Planning Commission, or the elapse of said 60-day period, the City Council shall call and conduct an official public hearing to consider the application. (i) Reserved. (j) The City Council shall make findings and shall grant or deny a permit based upon any or all of the factors above. The City Council may impose conditions in the granting of conditional use permits. A condition must relate to the performance standards indicated in paragraph (f) above, and be directly related and bear a rough proportionality to the impact created by the co nditional use. The City Council may make its approval of the permit contingent upon such conditions as it determines necessary to prevent or minimize injurious effects upon the neighborhood. The City Council may also require that sufficient performance bonding by an acceptable surety be supplied by the property owner to ensure satisfactory compliance with the conditions imposed by the conditional use permit. (g) The City Council shall make findings in writing indicating its decision for approval or denial, following the official public hearing and the applicable conditions and the specific reasons for such decisions. A certified copy of the conditional use permit shall be recorded against the Subject Property with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the property included. The applicant shall be notified in writing of the City Council's decision. If the application is denied in whole or in part or conditions are imposed, the reasons for such denial or for the imposition of conditions, shall accompany this notification. (h) No application which has been denied wholly or in part shall be resubmitted for a period of six months from the date of said denial, except on the grounds of new evidence or upon proof of changed conditions. Each resubmission shall constitute a new application and fee shall be required. (i) Extensions and Expiration. Unless the City Council specifically approves a different time period, the approval of a conditional use permit shall expire one year from the date it was approved, unless the applicant has commenced the authorized use; or, unless before expiration of the one - year period, the applicant submits a written request for an extension. Such request shall include the following: 1) An explanation for why the authorized use has not commenced 2) What, if any, good faith efforts have been made to commence the authorized use, 155 Ordinance No. 809 -5- November 18, 2025 3) The anticipated commencement date for the authorized use, and 4) The signature of the applicant and property owner. A request for an extension not exceeding one year shall be reviewed and either approved or denied by the Planning Division. If the applicant requests a second extension or an extension longer than one year, it shall be presented to the City Council for consideration. The City Council may approve or deny the extension request and, if the request is approved, shall specify the expiration date. In considering whether to approve or deny an extension request, the Planning Division or Cit y Council shall consider the reason for the delay, whether the applicant has submitted an application for a building permit and whether construction of any improvements has commenced. A memo indicating the expired status of the conditional use permit shall be provided in writing to the permit holder and evidence of the termination will be recorded in the county records. Unless extended by the City Council in its sole discretion for an additional period of up to 12 months, construction and all other pertinent implementation relating to an approved conditional use permit must begin within 12 months of the date that the conditional use permit is approved or the conditional use permit shall be deemed null and void. If the approved conditional use should cease for a period of more than 12 consecutive months, the conditional use permit shall be deemed to have expired. (j) Changes to an approved conditional use permit affecting uses, parking and loading, or components other than minor changes shall require amendment to the conditional use permit by the City. The requirements for application and approval of a conditional use permit amendment shall be the same as the requirements for original application and approval. Amendments. Holders of a conditional use permit may propose amendments to the permit at any time, following the procedures for a new conditional use permit as set forth in this section. Amendments shall fall into the following two categories: (1) Major Conditional Use Permit Amendments. Any significant changes, as determined by the Planning Division, shall be considered a major amendment. These include, but are not limited to: use, hours of operation, number of employees, expansion of structures and/or premises, additional signage, and changes to parking, loading and drive-throughs. The requirements for application and approval of major conditional use permit amendments shall be the same as the requirements for original application and approval. (2) Minor Conditional Use Permit Amendments. Amendments not meeting the definition of a major amendment as defined in paragraph (j)(1) above, shall be considered minor and processed administratively. Such approval shall be in the form of an approval letter signed by the Planning Division and kept on file at City Hall. (3) Any change to an existing conditional use permit, including increasing intensity of use, that is now identified as restricted may be processed via Administrative Zoning Permit. These Administrative Zoning Permits, once approved, shall be recorded against the Subject Property. 156 Ordinance No. 809 -6- November 18, 2025 (k) Revocations. The Planning Commission may recommend, and the City Council shall have the right to revoke or suspend any conditional use permit whenever the terms or conditions of such permit have been violated or broken or is in violation of this Chapter, City Codes, or any other applicable regulations. The Planning Division shall notify the Conditional Use Permit holder and initiate revocation to the City Council. All such action by the City Council to revoke or suspend a conditional use permit shall be by means of a majority affirmative vote of City Council Members. The Planning Division shall provide the applicant and property owner a copy of the proceedings and findings of the City Council. The revocation shall be recorded against the Subject Property. Section 3. City Code Section 113-87 is amended to read as follows. “***” denote section breaks. Sec. 113-87. Summary use tables. Table 87-1 Residential Land Uses Land Use Description R-1 R-2 R-3 R-4 Low to Moderate Density Housing Single-family dwellings* P P X X Two-family dwellings X P P X Rowhouses with up to four attached units X P X X Townhouses X X P X *Accessory dwelling units are allowed as an accessory use to a single-family dwelling in the R-1 and R-2 zoning districts. These units are subject to either administrative or conditional review, as regulated in Sec. 113-151 of City Code. Multifamily Housing Multifamily dwellings of up to 2012 units per acre X X P R P R Multifamily dwellings to a density of 17 units per acre X X C P Multifamily dwellings to a density of 50 units per acre X X X P R Multifamily dwellings to a density of 100 units per acre X X X C Senior and disability housing to a density of 20 units per acre X X P P Senior and disability housing to a density of 25 30 units per acre X X C P R Senior and disability housing to a density of 70 units per acre X X X P R Senior and disability housing to a density of 100 units per acre X X X C Multifamily Conditional Allowances Senior and disability housing up to five stories or 60 feet in height X X C C Principal structures in excess of five stories or 60 feet in height X X X C Retail sales, Class I and II restaurants, and professional offices* X X C P C P Manufactured home parks X C C C * These uses must be within principal structures containing at least 20 dwelling units when located upon any minor arterial or major collector street. Any such sales, restaurant, or office shall be located only on the ground floor and have direct access to the street. Residential Facilities, Foster Homes, and Essential Services Residential facilities serving six or fewer persons P P P P Residential facilities serving up to 25 persons C C P P Foster family homes P P P P Group foster family homes C C P P Essential services, Class I P P P P Mobile food vending* R P R P R P R P 157 Ordinance No. 809 -7- November 18, 2025 Outdoor services areas R R R R In-home child care P P P X Child care center X X R R * Overnight parking and storage is prohibited. The vehicle must be on impervious surface and may not impede sidewalks, drive aisles, pedestrian or vehicular traffic, or public safety. The property owner must approve the use. *** Table 87-2 Economic and Business Land Uses Land Use Description C LI I O General retail services and/or sales that are consistent with the purpose of the Commercial Zoning District and not otherwise listed P X X X Food, Entertainment, and Retail Adult-oriented services that require City licensing P P P X Breweries and Distilleries X P P X Brewpubs C P X X X Catering establishments P X X X Class I restaurants P X X X Class II restaurants C R X X X Class III restaurants C R X X X Cocktail rooms that occupy up to 50 percent of the gross floor area of the Micro-distillery X P P X Cocktail rooms that occupy 50 percent or more of the gross floor area of the Micro-distillery X C C X Distilleries X X P X Drive-through retail establishments C X X X Hotels/motels P X X X Indoor entertainment and amusement P C R X X Private clubs X C R X X Micro-distilleries (limited and associated retail use such as merchandise related to the micro-distillery may be sold) X P P X Mobile food vending * R P R P R P R P Outdoor services areas R X X X Recreational uses (public and private), including gyms, skating rinks, etc. P C R X X Retail establishments that sell tobacco R X X X Retail sales of dogs and cats Pet Stores X X X X Sale or repair of firearms X R R X Seasonal farm produce sales R X X X Taprooms that occupy up to 50 percent of the gross floor area of the brewery X P P X Taprooms that occupy 50 percent or more of the gross floor area of the brewery X C C X Temporary retail sales R R R X * Overnight parking and storage is prohibited. The vehicle must be on impervious surface and may not impede sidewalks, drive aisles, pedestrian or vehicular traffic, or public safety. The property owner must approve the use. Care Services Adult day care center C R C C C R Animal hospitals, veterinary clinics, and/or pet grooming facilities R C C X Animal kennels, animal rescue organizations, and/or animal shelters X X R P X Child care centers C R C C C R Clinics (medical and dental) X C C P 158 Ordinance No. 809 -8- November 18, 2025 Cosmetology services P X X X R Daytime activity centers or other facilities providing school and/or training for disabled people adults X X X C Mortuaries C X C X Trade schools or training centers C C C X Offices and Financial Institutions Consumer small loan lender R X X X Currency exchange R X X X Financial institutions, with drive-through facilities C C C C Financial institutions, without drive-through facilities P X X P Laboratories (medical, dental, or research and development) X C C C Medical and dental offices P X X P Offices, excluding medical and dental P P P P Automotive Automobile repair shops, auto body repair and/or painting, and auto cleaning and reconditioning X X C X Automobile repair shops, including tire, battery, and auto accessory repair and installation C X P X Building materials yards, including inside and outside storage X C P X Bulk storage of gas, fuel oil, chemicals, and other liquid or solid materials which may be considered hazardous or toxic X X C X Car washes C X C X Sales or show rooms (auto, machinery, boats, etc.) C X C X Service stations C X C X Surface lot storage of automobile sales inventory X C C X Manufacturing Assembly and/or fabricating, foundries, and similar uses X P P X Bakeries (commercial/wholesale) X R C C R X Blacksmith, repair, machine, or tin shops X X P X Electronics manufacturing X P P X Food packaging and processing that does not involve cooking, heating, smoking, soaking, or marinating procedures X P P X Food packaging and processing that involves cooking, heating, smoking, soaking, or marinating procedures X C C X General manufacturing uses, including the compounding, assembly, or treatment of articles or materials X X P X Metal fabrication and assembly X X P X Other light manufacturing uses that would not constitute a nuisance or health hazard to surrounding or adjacent residential or commercial districts X P P X Packaging and/or bottling of soft drinks or dairy products X C C X Data Centers, principal use X X X X Data Centers, accessory use that occupies up to 25 percent of the gross floor area of the principal use X R R R Warehousing and Wholesale Greenhouses X P P X Bulk storage of gas, fuel oil, chemicals, and other liquid or solid materials which may be considered hazardous or toxic X X C X Outdoor sales, including car lots, nurseries, and equipment rentals C X C X Outdoor storage for vehicles and equipment X X R X Recycling drop-off facilities X C P X 159 Ordinance No. 809 -9- November 18, 2025 Recycling facilities X C C X Laundries and dry-cleaning plants X C C X Lumber yards, including outside storage X X P X Warehouses X P P X Wholesale-retail distribution centers X P P X Transportation and Parking Heliports X C C X Off-street parking for adjacent commercial or industrial uses C X C X Public garages P C C X Railroad infrastructure outside of railroad right-of-way X X C X Truck/van terminals X C C X Drive-through uses not otherwise listed ** R X X R ** 500 buffer from residential uses (measured from lot line to residential building) Other Allowances Accessory retail services and/or sales incidental to a permitted use, conducted in an area less than 10 percent of the building's gross floor area X C R C R X Buildings greater than three stories in height C X X C Buildings greater than four stories in height X C C X Essential services, Class I P P P P Essential services, Class III, except for peaking stations and substations C P P X Firing ranges X X X X Places of worship assembly X C X X Temporary structures such as tents or air-supported structures X X C X *** Table 87-3 Institutional Land Uses Land Use Description I-A I-M I-C I-P Adult day care centers C R X X X Cemeteries C X X X Child care centers C R X X X City offices, County and State facilities, fire stations, and other lands incidental to governmental operations X X P X Congregate housing X P X X Convalescent homes, nursing homes, clinics, and other buildings incidental to the operation thereof X P X X Golf courses, country clubs, and other recreational facilities X X X P Hospitals and out-patient surgical facilities X C X X Libraries P X X X Mobile food vending * R P R P R P R P Museums P X X X Parks and playgrounds X X X P Places of worship assembly P X X X Post offices X X P X Private clubs P X X X Public and private schools P X X X Residential facilities X C X X Seasonal farm produce sales R X R X Senior and disability housing X C X X Essential services, Class I P P P P 160 Ordinance No. 809 -10- November 18, 2025 * Overnight parking and storage is prohibited. The vehicle must be on impervious surface and may not impede sidewalks, drive aisles, pedestrian or vehicular traffic, or public safety. The property owner must approve the use. *** Table 87-4 Mixed Use Land Uses Land Use Description MU-N MU-C MU-E Residential Units within a mixed use building P P X Multifamily dwellings (three or more units) P P X Senior and disability housing P P X Home occupations R R X Single-family dwellings X X X Manufactured home parks C C C Commercial Medical clinics P P P Hotels X P P Restaurants, brewpubs P P P General retail/service R R R Breweries and Micro-distilleries P P P Taprooms and Cocktail rooms C C C Micro-distilleries P P P Mobile food vending * PR PR PR Cocktail rooms C C C Parking R R R Child care C R C R C R Drive-thru facilities C C C Gasoline sales and automotive repair X X X Self storage X X X Outdoor storage X X X Sale or repair of firearms X X X Firing range X X X Outdoor dining service areas R R R * Overnight parking and storage is prohibited. The vehicle must be on impervious surface and may not impede sidewalks, drive aisles, pedestrian or vehicular traffic, or public safety. The property owner must approve the use. Office Financial institutions without drive-thru facilities P P P Financial institutions with drive-thru facilities C C C Offices up to 5,000 gross square feet per floor P P P Offices more than 5,000 gross square feet per floor C C C Institutional Civic R R R Medical R R R Assembly R R R Light Industrial Light manufacturing, R&D, or collaborative work spaces that do not constitute a nuisance or health hazard to adjacent properties X X P Warehouses X X C 161 Ordinance No. 809 -11- November 18, 2025 Section 4. This ordinance shall take effect on January 1, 2026, and from and after its passage and publication as required by law. Adopted by the City Council on this 18th day of November 2025. _____________________ Roslyn Harmon, Mayor ATTEST: ________________________ Theresa J. Schyma, City Clerk 162 RESOLUTION NO. 25-110 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 809 WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 809 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 113 OF THE CITY CODE RELATED TO CONDITIONAL USE PERMITS AND SUMMARY USE TABLES This is a summary of the provisions of Ordinance No. 809 which has been approved for publication by the City Council. At the November 18, 2025, City Council meeting, the Golden Valley City Council enacted Ordinance No. 809 amending Section 113-1 Definitions, 113-30 Conditional Uses, and Section 113-87 Summary Use Tables. The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at https://www.goldenvalleymn.gov/179/City-Code-and-Proposed-Ordinances. Passed by the City Council of the City of Golden Valley, Minnesota on November 18, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 163 1 Date: October 27, 2025 To: Golden Valley Planning Commission From: Jacquelyn Kramer, Senior Planner Subject: Ordinance Amending Section 113-1, 113-30, and 113-87 Planning Analysis City Code Section 113-29 governs the process for amending the zoning code. Zoning text amendments may be initiated by the City or by an outside applicant. Planning Commission holds a public hearing, reviews the application, and makes a recommendation to City Council. Level of Discretion in Decision Making The City has a high level of discretion when considering changes to the zoning code. Zoning text amendments are considered a legislative action, which gives City Council broad authority to amend the zoning code in the interest of the general health, safety, and welfare of the community. Section 113-30 Conditional Uses Staff proposes amending the City Code sections that governs Conditional Use Permit (CUP) applications. Section 113-30 describes Conditional Uses, the review criteria the City uses to approve CUPs, and the process CUP applications take. This section is out of date with the City’s current process and this section is missing significant information related to review timelines, application requirements, recording requirements, and the process for extending CUP approval expiration dates. The review criteria in Section 113-30(g) has not been updated in at least 20 years and uses subjective performance standards that are difficult to incorporate into the findings of fact necessary for City Council approval. To improve the code language regarding the CUP application process, staff propose the following changes: 1. 113-30(a): An updated purpose statement. 2. 113-30(b): A new section explaining when a CUP application is required. 164 2 3. 113-30(c): A new section explaining the time for review with reference to Minnesota Statute 15.99 – the “60-day rule.” 4. 113-30(d): A new requirement for a pre-application meeting for all CUP applications. 5. 113-30(i): An expanded section that explains extensions and expirations of CUP permits. 6. Minor revisions and formatting corrections to other subsections under 113-30 to provide greater clarity of the CUP application process. To improve the CUP performance standards and provide more objective review criteria for applicants, staff propose the following changes to Section 113-30(g): 1. Eliminating standards that reference: demonstrating need for a particular use, property values, increases in population and density without an associated nuisance or negative impact, increase in noise levels, pests or vermin, and visual appearance of any proposed structure or use. 2. Adding standards for evaluating applications based on the potential impediments to improving surrounding property, potential traffic volumes, impacts to pedestrian travel, impacts of loading docks and drive-up facilities, potential for causing blight, and impacts of hours of operation. 3. Adding standards based on the City Engineer’s review of the application, including evaluating the impacts to the Capital Improvement Plan and site drainage systems. 4. Rewording existing standards to ensure objective findings of fact and clear requirements for applicants. Staff propose amending Section 113-30(j) to create two types of CUP amendments: major and minor. Major amendments would follow the same application and approval process as new CUP applications. Minor amendments would only be allowed for small changes to existing CUPs and could be approved administratively by the Planning Division. The type of changes that would necessitate a major or minor amendment are described in the revised Section 113-30(j). Section 113-87 Summary Use Table One of the overall goals of updating these process-focused areas of the zoning code is to streamline application approval when possible. Staff studied the current use tables in Section 113-87 to determine which uses that currently require a CUP could be approved through the administrative zoning permit process. Additionally, staff has received City Council and City Manager direction to amend the zoning code to prohibit the retail sales of pets in the city. Humane pet store policies seek to limit inhumane puppy mills that often supply pet stores with animals. Currently, there are no puppy- selling pet stores in the city, and the proposed code update would prevent these businesses from operating in Golden Valley in the future. Animal shelters and animal rescue organizations would still be allowed. 165 3 Staff propose the following changes to Section 113-87: 1. Table 87-1 Residential Land Uses a. Consolidating and updating the Multifamily and Senior and Disability housing uses to better align with the future land use density requirements in the 2040 Comprehensive Plan. b. Mobile Food Vending changed from a restricted to permitted use, with additional requirements in the table. This updates aligns with the changes proposed in Section 113-31 Temporary Uses, which Planning Commission reviewed on October 13, 2025. c. In-Home Child Care added as a permitted use in the R-2, R-3 and R-4 residential zoning districts. d. Child Care Center added as a restricted use in the R-3 and R-4 zoning districts. 2. Table 87-2 Economic and Business Land Uses a. Breweries and Distilleries combined and allowed in the same districts. b. Class II and Class III Restaurants changed from a conditional use to a restricted use. c. Indoor Entertainment and Amusement and Private Clubs changed from conditional use to restricted use in the Light Industrial zoning district. d. Mobile Food Vending changed from a restricted to permitted use, with additional requirements in the table. This updates aligns with the changes proposed in Section 113-31 Temporary Uses, which Planning Commission reviewed on October 13, 2025. e. Recreational uses changed from a conditional use to a restricted use in the Light Industrial zoning district. f. Adding Pet Stores as a prohibited use in all districts. g. Adding Animal Rescue Organizations and Animal Shelters as a restricted use in the Light Industrial district and a permitted use in the Industrial district. h. Revising Daytime Activity Centers for disabled people to specify these facilities are for adults. i. Consolidating Drive-Through uses in their own row and allowing as a restricted use in the Commercial and Office zoning districts, with the additional condition that these facilities maintain a 500 foot buffer from residential uses. j. Changing Bakeries from a conditional use to a restricted use in the Light Industrial and Industrial districts. k. Adding Data Centers as a prohibited use in all districts. l. Changing Accessory Retails services and/or sales from a conditional use to the restricted use in the Light Industrial and Industrial districts. m. Places of Worship revised to Places of Assembly. 166 4 3. Table 87-3 Institutional Land Uses a. Changed Adult Day Care Centers and Child Care Centers from conditional uses to restricted uses in the Institutional Assembly zoning district. b. Mobile Food Vending changed from a restricted to permitted use, with additional requirements in the table. This updates aligns with the changes proposed in Section 113-31 Temporary Uses, which Planning Commission reviewed on October 13, 2025. c. Places of Worship revised to Places of Assembly. 4. Table 87-4 Mixed Use Land Uses a. Single Family Dwellings remains a prohibited use and removed from the table. b. Manufactured Home Parks removed from the table and now a prohibited use. c. Breweries and Micro-distilleries combined. d. Taprooms and Cocktail Rooms combined. e. Mobile Food Vending changed from a restricted to permitted use, with additional requirements in the table. This updates aligns with the changes proposed in Section 113-31 Temporary Uses, which Planning Commission reviewed on October 13, 2025. f. Outdoor Service Areas revised to Outdoor Dining Areas g. Financial Institution Drive-Throughs removed from table and now a prohibited use. Section 113-1 Definitions Staff recommend adding new land use definitions and revising certain existing land use definitions in tandem with the proposed changes to the Summary Use Tables in Section 113-87. 1. New definitions: Animal Rescue Organization, Animal Shelter, Dwelling – Senior and Disability Housing, Outdoor Dining Area, Pet Store, Temporary Retail and Produce Sales 2. Revised definitions: Cosmetology Services, Places of Assembly Public Notification To comply with State law and the City’s public hearing notice requirements, the City published a public hearing notice in the Sun Post Newspaper. At the time of this report staff has received no comments on the proposed ordinance. Next Steps City Council will take action on the proposed code amendments on November 18, 2025 Staff Contact Jacquelyn Kramer, Senior Planner jkramer@goldenvalleymn.gov 167 From:Aaron Zellhoefer To:Jacquelyn Kramer Cc:Chloe McGuire Subject:Support from Residents of Golden Valley on Humane Pet Store Ordinance Date:Tuesday, November 11, 2025 8:33:29 AM Attachments:Outlook-cwri4cx2.png Outlook-facebook-i.png Outlook-twitter-ic.png Outlook-blog-icon-.png EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Jacquelyn, I've gathered some letters of support from residents in Golden Valley. Please feel free to add these to the Council packet on this issue. Please let me know if you need anything else from me. Cheers, Aaron ::: Dear Members of the Golden Valley City Council, My name is Jim Heighington, and I’m writing to voice my strong support for the proposed Humane Pet Store Ordinance. As a local resident I believe this ordinance aligns with the kind of ethical and community-minded values that make Golden Valley a great place to live. This ordinance is not only pro-humane business—it’s pro-responsibility. It levels the playing field for reputable pet stores and local rescues that already do the right thing. It helps ensure that animals sold in our community come from humane sources – like shelters, rescues, and responsible breeders who sell directly to the public – and that families are not unknowingly supporting large-scale commercial breeders that often prioritize profit over animal welfare. I appreciate the city’s thoughtful approach to this issue and its willingness to protect both consumers and companion animals. Cities like St. Paul, Maple Grove and Roseville have passed similar ordinances with success—and I’m proud to see Golden Valley considering doing the same. Thank you for your time and for taking action to make our city a leader in humane policy. Sincerely, Jim Heighington Golden Valley Resident ::: Dear Mayor and Councilmembers, 168 My name is Yvonne Cherne, I'm a resident of Golden Valley and proud supporters of ethical treatment for all animals. I am writing to express my full support for the Humane Pet Store Ordinance being considered on November 18th. I've spent time volunteering with local rescues and have seen the impact that irresponsible breeding and sales practices can have on animals and families alike. Too often, puppies sold in pet stores come from large, inhumane commercial breeding facilities—where conditions are poor and animals are treated as commodities rather than living beings. This ordinance is a simple but powerful way to ensure that Golden Valley is not complicit in that cycle of suffering. It encourages adoption, promotes transparency, and aligns our city with a growing list of compassionate communities across the country. I applaud the City Council for taking up this issue and for showing leadership in animal welfare. Please vote yes on the Humane Pet Store Ordinance and help Golden Valley stand for kindness, responsibility, and humane treatment. Thank you for your time and consideration. Sincerely, Yvonne Cherne ::: Dear Mayor and Members of the Golden Valley City Council, My name is Theresa Zingery, and I am writing to express my strong support for the Humane Pet Store Ordinance that will be considered on November 18th. As a resident and lifelong animal advocate, I believe this ordinance represents a compassionate and responsible step forward for our community. This ordinance will ensure that any possible future pet stores in Golden Valley source animals from humane and ethical sources—such as shelters, rescues, and responsible breeders who take pride in showing where their dogs are raised—rather than commercial breeding operations or puppy mills. By passing this ordinance, Golden Valley will join many other Minnesota cities that have taken a stand for humane business practices and consumer protection. This policy promotes adoption, reduces the demand for inhumane breeding, and reflects the community values we all share—compassion, integrity, and accountability. Thank you for your leadership and for considering this meaningful step toward ending the cruel puppy mill pipeline. I urge you to vote yes on the Humane Pet Store Ordinance. With gratitude, Theresa Zingery Golden Valley Resident ::: Aaron J Zellhoefer Minnesota State Director, State Affairs Pronouns: he/him/his 169 My workday may look different than your workday. I respect your time; please do not feel obligated to read or respond outside of your normal working hours. azellhoefer@humaneworld.org P 612-910-6241 https://humaneworld.org/ Humane World for Animals is the nation’s most effective animal protection organization, fighting for all animals for more than 60 years. To support our work, please make a monthly donation, give in another way or volunteer. 170 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 6A. First Consideration of Ordinance No. 810 Establishing the 2026 Fee Schedule Prepared By Lyle Hodges, Finance Director Summary First consideration of the fee schedule will be presented by staff at this meeting. Council has reviewed these rates at the Council work session on November 12th, 2025. This schedule shows the approved rates for 2025 along with proposed rates for 2026. The utility rates are effective for any billing after April 1, 2026. The second consideration of this fee schedule will occur on December 2nd, 2025. Financial or Budget Considerations The rates were considered during the 2026 budget process and reflect anticipated changes incorporated into the operating budgets of various departments. Legal Considerations MN Statutes outline the process to approve new rates and governs some rates statutorily. Equity Considerations The proposed budgets strive to advance the equity goals of the City by funding infrastructure, programs, and services that provide opportunities and resources for all. The process for adoption includes the ability for any member of the public to provide feedback. Recommended Action Motion to approve First Consideration of Ordinance No. 810, establishing the 2026 Fee Schedule. Supporting Documents Ordinance No. 810 - Amending Appendix A of the City Code - Establishing the 2026 Fee Schedule Exhibit A - 2026 Golden Valley Proposed Fee Schedule 2026 Fee Schedule Presentation 171 ORDINANCE NO. 810 AN ORDINANCE AMENDING APPENDIX A OF THE CITY CODE Establishing the 2026 Fee Schedule The City Council for the City of Golden Valley hereby ordains: Section 1. The City Code requires that certain fees for City services and licenses be established from time to time by the City Council. Section 2. The Fee Schedule attached as Exhibit A is hereby adopted as the city’s fee schedule effective January 1, 2026, unless otherwise noted. The fee schedule is on file in the City Clerk’s Office during business hours. Section 3. City Code Chapter 1 entitles “General Provisions” and Sec. 1-8 entitled “General Penalty; Continuing Violations: are hereby adopted in their entirety, by reference as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. First Consideration November 18, 2025 Second Consideration December 2, 2025 Date of Publication December 11, 2025 Date Ordinance takes effect January 1, 2026 Adopted by the City Council this 2nd day of December 2025. Roslyn Harmon, Mayor ATTEST: Theresa J. Schyma, City Clerk 172 Council Review 1st Consideration 11/18/2025 2nd Consideration 12/2/2025 2026 Fee Schedule Exhibit A - Ordinance No. 810 -2-December 2, 2025 173 TABLE OF CONTENTS ADMINISTRATION ADMINISTRATIVE LICENSES 1 ADMINISTRATIVE FEES 6 PLANNING DEPARTMENT 8 ENGINEERING 10 INSPECTIONS DEPARTMENT 11 PUBLIC UTILITIES 16 FIRE DEPARTMENT 19 POLICE DEPARTMENT 21 PARK & RECREATION RECREATION 22 BROOKVIEW COMMUNITY CENTER 25 BROOKVIEW GOLF COURSE / 316 BAR & GRILL 26 DONATIONS 29 CITY OF GOLDEN VALLEY FEE SCHEDULE-2026 PROPOSED FEES Exhibit A - Ordinance No. 810 -3-December 2, 2025 174 ADMINISTRATION LICENSES/REGISTRATIONS RENEWAL DATE 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee AUCTIONING CHICKEN COOP LICENSE Initial Application Fee 75.00$ 75.00$ 75.00$ Annual License Renewal Fee 1-Apr 25.00$ 25.00$ 25.00$ CIGARETTES - TOBACCO PRODUCTS Over the counter 1-Jan 450.00$ 450.00$ 450.00$ Investigation fee each individual/person 100.00$ 100.00$ 100.00$ DOG KENNEL Per Kennel 1-Apr 200.00$ 200.00$ 200.00$ FIREWORKS Retail consumer fireworks that sell other items 1-May 100.00$ 100.00$ 125.00$ Retail consumer fireworks, retailers that sell only fireworks 1-May 350.00$ 350.00$ 375.00$ GARBAGE HAULERS (See also Recycling Haulers) Base Fee per Hauler 400.00$ 400.00$ 400.00$ Per Vehicle 1-Apr 100.00$ 100.00$ 100.00$ GASOLINE STATIONS Dispensers 1 - 4 (each)Per Location 1-Apr 75.00$ 75.00$ 75.00$ Over four dispensers (each) Per Location 50.00$ 50.00$ 50.00$ GOAT LICENSE License (30 consecutive days or 60 days in a 12 month period) 75.00$ 75.00$ 75.00$ Auctioneers do not need to be licensed in the City of Golden Valley. However, they have to show us a copy of a license or bond from the county or state and provide us a letter on the date, time and place of the auction. Exhibit A - Ordinance No. 810 -4-December 2, 2025 175 ADMINISTRATION LICENSES/REGISTRATIONS RENEWAL DATE 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee LIQUOR LICENSING Section Code 4-41 Liquor License Processing Fees - On-sale, Off sale, Beer, Wine and Sunday sale (Non-refundable) New License Investigation Fee - per establishment 1,500.00$ 1,500.00$ 1,500.00$ Administrative Fee 750.00$ 750.00$ 750.00$ Renewal Investigation Fee - Each individual/person 200.00$ 200.00$ 200.00$ Administration Fee 250.00$ 250.00$ 250.00$ Miscellaneous Changes thru the year Investigation Fee - Each individual/person 200.00$ 200.00$ 200.00$ Administration Fee 100.00$ 100.00$ 100.00$ Section Code 340A.408 Liquor License Sunday Sale 1-Jul 200.00$ 200.00$ 200.00$ Off-sale 1-Jul 200.00$ 200.00$ 200.00$ On-sale 1-Jul 8,000.00$ 8,000.00$ 8,000.00$ Wine & Beer On-sale 1-Jul 2,000.00$ 2,000.00$ 2,000.00$ Club 1-Jul up to 200 members 300.00$ 300.00$ 300.00$ 200-500 members 500.00$ 500.00$ 500.00$ 501-1000 members 650.00$ 650.00$ 650.00$ 1001-2000 members 800.00$ 800.00$ 800.00$ 2001-4000 members 1,000.00$ 1,000.00$ 1,000.00$ 4001-6000 members 2,000.00$ 2,000.00$ 2,000.00$ Over 6000 Members 3,000.00$ 3,000.00$ 3,000.00$ Liquor - On-sale 1-Jul Non-Intoxicating Malt 500.00$ 500.00$ 500.00$ Brewer Tap Room 600.00$ 600.00$ 600.00$ Cocktail Room 600.00$ 600.00$ 600.00$ Liquor - Off-sale 1-Jul Non-Intoxicating Malt 150.00$ 150.00$ 150.00$ Brew Pub Malt Liquor 200.00$ 200.00$ 200.00$ Small Brewer 200.00$ 200.00$ 200.00$ Distilled Spirits 200.00$ 200.00$ 200.00$ Liquor - Temporary Non-Intoxicating/Intoxicating Malt Liquor License 100.00$ 100.00$ 100.00$ Exhibit A - Ordinance No. 810 -5-December 2, 2025 176 ADMINISTRATION LICENSES/REGISTRATIONS RENEWAL DATE 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee MASSAGE THERAPIST - INDIVIDUAL Certificate each individual/person 1-Jan 100.00$ 100.00$ 100.00$ Investigation fee each individual/person 100.00$ 100.00$ 100.00$ MASSAGE THERAPIST PREMISE LICENSE 1-Jan Operating location new applicant and renewal 500.00$ 500.00$ 500.00$ Investigation fee each individual/person 100.00$ 100.00$ 100.00$ MOBILE VENDING/SERVICES Annual vendor registration 1-Jan 40.00$ 40.00$ 100.00$ Event Permits City Parks (up to three days)50.00$ 50.00$ 50.00$ Other non-residential zoning districts (up to 3 days for targeted events)30.00$ 30.00$ 30.00$ or seasonally for regularly occuring events) R-1 and R-2 zoning districts (up to two one-day permits in a 12 month period)30.00$ 30.00$ 30.00$ R-3 and R-4 zoning districts 30.00$ 30.00$ 30.00$ NEW/USED VEHICLE SALES 1-Sep 400.00$ 400.00$ 400.00$ PEDDLERS AND SOLICITORS 1-Jan Each Employee 30.00$ 30.00$ 30.00$ PAWNBROKER AND PRECIOUS METAL Dealer Location 1-Jan 5,000.00$ 5,000.00$ 5,000.00$ Dealer 1-Jan 400.00$ 400.00$ 400.00$ Investigation Fee 3,000.00$ 3,000.00$ 3,000.00$ Non-refundable administrative fee $500+Actual costs $500+Actual costs $500+Actual costs APS Transaction Fee 1.30$ 1.30$ 1.30$ RECYCLING HAULERS (MULTI FAMILY APARTMENT)1-Apr Base Fee per Hauler 400.00$ 400.00$ 400.00$ Per Vehicle 100.00$ 100.00$ 100.00$ Background check / Identification card Exhibit A - Ordinance No. 810 -6-December 2, 2025 177 ADMINISTRATION LICENSES/REGISTRATIONS RENEWAL DATE 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee RENTAL DWELLING LICENSE Single Family Dwellings One Unit Dwelling License 1-Jul 125.00$ 125.00$ 150.00$ Re-inspection 100.00$ 100.00$ 125.00$ Twin Homes & Duplexes License per Dwelling Unit Per Dwelling Unit 1-May 125.00$ 125.00$ 150.00$ Re-inspection per unit/per address 100.00$ 100.00$ 125.00$ Condominiums & Townhomes License Per Dwelling Unit Per Dwelling Unit 1-Sep 125.00$ 125.00$ 150.00$ Re-inspection per unit/per address 100.00$ 100.00$ 125.00$ Group Homes / homes with services License Per Dwelling Unit 1-Nov 125.00$ 125.00$ 150.00$ Re-inspection per unit/per address 100.00$ 100.00$ 125.00$ Multiple Unit Dwelling 3 or more units per building 1-Mar 3 - 50 Units 175.00$ 175.00$ 200.00$ 51 - 150 Units 225.00$ 225.00$ 250.00$ 151 + Units 300.00$ 300.00$ 325.00$ Re-inspection per unit/per address 100.00$ 100.00$ 125.00$ Star Program Fees and discount is capped at 151 units for market rate rental properties Non-Participant $35/unit $35/unit $35/unit Level 1 $20/unit $20/unit $20/unit Level 2 $12/unit $12/unit $12/unit Level 3 $8/unit $8/unit $8/unit Level 4 $0/unit $0/unit $0/unit Exhibit A - Ordinance No. 810 -7-December 2, 2025 178 ADMINISTRATION LICENSES/REGISTRATIONS RENEWAL DATE 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee SEXUALLY ORIENTED BUSINESS License Fee per operating location 1-Jan 5,000.00$ 5,000.00$ 5,000.00$ Investigation Fee 1,500.00$ 1,500.00$ 1,500.00$ Non-refundable administrative fee 500.00$ 500.00$ 500.00$ Tetrahydrocannabinol (THC) Retail Establishment Cannabis registration fee (initial) lesser of $500 or 1/2 of the amount of the applicable initial license fee under Minn. Stat. § 342.11 lesser of $500 or 1/2 of the amount of the applicable initial license fee under Minn. Stat. § 342.11 Cannabis registration fee (renewal) lesser of $1,000 or 1/2 of the amount of the applicable renewal license fee under Minn. Stat. § 342.11 lesser of $1,000 or 1/2 of the amount of the applicable renewal license fee under Minn. Stat. § 342.11 Cannabis retail registration violation fee $ 2,000.00 $ 2,000.00 Exhibit A - Ordinance No. 810 -8-December 2, 2025 179 ADMINISTRATION MISCELLANEOUS FEES 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee ADDRESS CHANGE Residential 50.00$ 50.00$ 50.00$ Non-Residential 100.00$ 100.00$ 100.00$ ADMINISTRATIVE PERMIT 75.00$ 75.00$ 75.00$ Seasonal, Farm Produce, Christmas Tree Sales, etc in Commercial Zoning District ADMINISTRATIVE CITATIONS 1st citation per violation 100.00$ 100.00$ 100.00$ 2nd citation per violation 250.00$ 250.00$ 250.00$ 3rd citation per violation 500.00$ 500.00$ 500.00$ per violation 500.00$ 500.00$ 500.00$ 250.00$ CITATION APPEAL filing fee per violation 25.00$ 25.00$ 25.00$ CERTIFICATION FEE (SPECIAL ASSESSMENT)30.00$ 30.00$ 30.00$ CITY CEMETERY Cemetery Plot 500.00$ 500.00$ 500.00$ Open/Close Fee: Crematory (up to 2 per lot) per lot 200.00$ 200.00$ 200.00$ Burial 750.00$ 750.00$ 750.00$ CONDUIT DEBT ISSUANCE Issuance of Debt (Amount of Bonds)1.00%1.00%1.00% Refinancing Issuance Fees (Amount of Bonds)0.50%0.50%0.50% Host City (plus pay for legal publication)500.00$ 500.00$ 500.00$ 4th citation and subsequent violations in 12 month period Exhibit A - Ordinance No. 810 -9-December 2, 2025 180 ADMINISTRATION MISCELLANEOUS FEES 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee DOCUMENTS City Code Full book in binder book, binder -$ -$ All information is on the Municode website at: https://library.municode.com/mn/golden_valley/codes/code_of_ordinances City Maps 10.00$ -$ -$ Copies Minnesota Rules, part 1205.0300, subpart 4 Black & White - letter or legal size documents of 100 or fewer .25/page .25/page for one sided; .50/page for two sided .25/page for one sided; .50/page for two sided Color - letter or legal size documents 100 or fewer .33/page .33/page .33/page All other copies Time & Material Time & Material DOCUMENTS (continued) Digital Format Aerial photography material time & material time & material Custom Maps or Map Layers material time & material time & material Topography time & material time & material time & material Special Assessment Search non-owner 15.00$ 15.00$15.00$ Video Reproduction per tape, DVD, CD + shipping 20.00$ 20.00$20.00$ DOMESTIC PARTNER REGISTRATION Initial Registration 40.00$ 40.00$20.00$ Amendment/Notice of Termination 25.00$ 25.00$-$ ELECTRIC VEHICLE CHARGING STATION 0 - 3 hours / hour 0.90$ 0.90$ 0.90$ 3+ hours / hour 1.20$ 1.20$ 1.20$ PARADE/SPECIAL EVENT 25.00$ 25.00$25.00$ PERSONNEL (OVERTIME WOULD BE 1.5 X RATE) Staff Attorney $112/hr $134/hr $143/hr Paralegal $0.00 $64/hr $70/hr Plats, Record Drawings, Other Plats (i.e. address maps, building plans,comp plan, zoning) Exhibit A - Ordinance No. 810 -10-December 2, 2025 181 PLANNING 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee ACCESSORY DWELLING UNIT Administrative Review 150.00$ 150.00$ 150.00$ By Conditional Use Permit 400.00$ 400.00$ 400.00$ CONDITIONAL USE ITEMS Conditional Use Permit 400.00$ 400.00$ 400.00$ Amendment to Conditional Use Permit 300.00$ 300.00$ 300.00$ Extension 125.00$ 125.00$ 125.00$ FUTURE LAND USE MAP AMENDMENT 1,000.00$ 1,000.00$ 1,000.00$ OUTDOOR SERVICES AREAS Application for Targeted Zoning District 200.00$ 200.00$ - Renewal Fee 100.00$ 100.00$ - PARK DEDICATION FEES Minnesota Statute 462.358 Single Family 13,000.00$ Multifamily per unit 2,000.00$ Commercial/industrial/office/institutional per acre 11,000.00$ PLANNED UNIT DEVELOPMENT Preliminary PUD Plan 1,000.00$ 1,000.00$ 1,000.00$ Final PUD Plan 1,000.00$ 1,000.00$ 1,500.00$ Extension 150.00$ 150.00$ 150.00$ Major Amendment 500.00$ 500.00$ 500.00$ Minor Amendment 250.00$ 250.00$ 250.00$ Administrative Amendment 100.00$ 100.00$ 100.00$ RECORD REAL ESTATE ITEMS Easements, CUP, PUDs, Development Agreements, Simplifile Henn County Fee E-Recording Fee/SimpliFile Fee $5 E-Recording Fee/SimpliFile Fee $5 6% of Land Value 6% of Land Value Exhibit A - Ordinance No. 810 -11-December 2, 2025 182 PLANNING 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee SIGN PERMIT Temporary Sign 50.00$ 50.00$ 50.00$ Special Temporary Sign Additional $50.00 Additional $50.00 Additional $50.00 Permanent Sign 100.00$ 100.00$ 100.00$ Building and Electrical permits may be required. SITE PLAN REVIEW Initial Review 500.00$ 500.00$ 500.00$ Plan Revision 100.00$ 100.00$ 100.00$ SUBDIVISION 400.00$ 400.00$ -$ Extension to Submit Final Plat 150.00$ 150.00$ -$ SUBDIVISION - MINOR 250.00$ 250.00$ -$ Extension to Submit Final Plat 150.00$ 150.00$ -$ SUBDIVISION Major 400.00$ Minor 250.00$ Lot Line 150.00$ Extension 400.00$ TAX PARCEL DIVISION 100.00$ 100.00$ 100.00$ TEMPORARY RETAIL SALES for each sale, up to five days 150.00$ 150.00$ 150.00$ VARIANCE FROM ZONING CODE Single-Family Residential Zoning District 200.00$ 200.00$ 200.00$ All other Zoning Districts 300.00$ 300.00$ 300.00$ Extension 150.00$ 150.00$ 150.00$ Appeal of Determination 100.00$ 100.00$ 100.00$ ZONING EXAMINATION LETTER 100.00$ 100.00$ 100.00$ ZONING MAP AMENDMENT 500.00$ 500.00$ 500.00$ ZONING PERMIT (Fence, Shed, Deck, Patio, Garden Structure)25.00$ 25.00$ 25.00$ Exhibit A - Ordinance No. 810 -12-December 2, 2025 183 ENGINEERING 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee EASEMENT VACATION (EACH REQUEST) $ 500.00 $ 500.00 $ 500.00 EQUIPMENT CHARGE (Per Hour) (Personnel will be added) Utility Vehicle does not include personnel $ 55.00 $ 55.00 $ 55.00 Utility Equipment does not include personnel $ 250.00 $ 250.00 $ 250.00 Heavy Equipment does not include personnel costs $ 175.00 $ 175.00 $ 175.00 Medium Equipment does not include personnel $ 100.00 $ 100.00 $ 100.00 Light Equipment not include personnel $ 55.00 $ 55.00 $ 55.00 FLOODPLAIN SEARCH LETTER $ 50.00 $ 50.00 - FORCED TREE REMOVAL cost + 20% cost + 20% cost + 20% MICROMOBILITY SHARING OPERATIONS Implementation and oversight of License Agreement $ 500.00 $ 500.00 $ 500.00 PERSONNEL (OVERTIME WOULD BE 1.5 X RATE) Public Works Employee $70/hr $75/hr $75/hr NATIVE VEGETATION LANDSCAPE PERMIT $ 100.00 $ 100.00 - RIGHT OF WAY Access Permit-Temporary $ 50.00 $ 50.00 $ 50.00 Obstruction Permit - Temporary and Permanent $ 100.00 Delay Penalty - Right of Way Minn. Rule 7819.1000 subp. 3 $500/day $500/day $500/day Driveway Replacement Permit $ 125.00 $ 125.00 $ 125.00 In Boulevard Excavation Permit per opening $ 200.00 $ 200.00 $ 200.00 In Pavement Excavation Permit per opening (includes curb alterations) $ 400.00 $ 400.00 $ 400.00 Obstruction Permit-Permanent, per obstruction (includes courtesy benches,structures, walls, lighting, signage) $ 150.00 $ 150.00 $- Obstruction Permit-Permanent, (includes fences, landscaping, trees, shrubs, vegetation, irrigation) $ 50.00 $ 50.00 $- Obstruction permit-Temporary (includes use of parking lane, sidewalk, boulevard, driving lane, alley) $ 100.00 $ 100.00 $- Sewer jet, vac truck, sewer camera Front end loader, 360 Backhoe, Pickup sweeper, Tandem axle truck, Aerial truck Single axle dump truck, Water truck, Tractor backhoe, Utility tractor/ accessory, 15 ft cut lawn mower, brush chipper, asphalt roller, asphalt paver, skid steer, tool cat, trackless Truck - one ton and under, Air compressor, Water pump, Generator, Steamer, Asphalt/saw, Concrete, Cable tracer) Exhibit A - Ordinance No. 810 -13-December 2, 2025 184 ENGINEERING 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee RIGHT OF WAY (continued) Less than 100 Feet Administrative permit fee $ 250.00 $ 250.00 $ 250.00 per foot fee $ 1.50 $ 1.50 $ 1.50 More than 100 Feet Administrative permit fee $ 400.00 $ 400.00 $ 400.00 per foot fee $ 1.00 $ 1.00 $ 1.00 STREET ASSESSMENTS Residential/Single Family/Duplex, per dwelling unit on local street TBD before TBD before TBD before Multi Unit Residential (more than 2 dwelling units) on local street hearing hearing hearing Residential/Single Family/Duplex, per dwelling unit on state aid street Multi Unit Residential (more than 2 dwelling units) on state aid street Other Zonings, Local Streets Other Zonings, State Aid Streets Administrative Fee for Driveways and/or Sanitary Sewer repairs $250/maximum $250/maximum $250/maximum (7% of total or maximum fee - whichever is less) Low Income Level for Senior/Retired due to Disability Deferral Current HUD Limits Current HUD Limits Current HUD Limits STORMWATER MANAGEMENT Projects that do not require watershed review - No post construction BMPs $ 100.00 $ 100.00 $ 100.00 New Home Construction - no watershed review - No post construction BMPs $ 400.00 $ 400.00 $ 400.00 Projects that require watershed review or require Post Construction BMPs $ 600.00 $ 600.00 $ 600.00 TREE AND LANDSCAPE PERMIT Single Family Residential $ 150.00 $ 150.00 $ 150.00 All Other Projects $ 500.00 $ 500.00 $ 500.00 Tree Mitigation Fee (per tree) $ 500.00 $ 500.00 $ 500.00 UTILITY PERMITS Water Meter Permit $ 150.00 $ 150.00 $ 150.00 Water Tapping Permit $ 150.00 $ 150.00 $ 150.00 Water Cut-off Permit $ 150.00 $ 150.00 $ 150.00 Sewer Permit (connection) $ 150.00 $ 150.00 $ 150.00 Sewer Repair Permit $ 150.00 $ 150.00 $ 150.00 Sewer Cut-off Permit $ 150.00 $ 150.00 $ 150.00 Sewer & Water Permits for Commercial Projects (Fee Based on Plumbing Value and if there is a Plan the Plan Review Fee would be 65% of the Fee) State Surcharge - each permit $ 1.00 $ 1.00 $ 1.00 Sewer Repair CCTV Inspection $ 150.00 $ 150.00 $ 150.00 WETLAND MANAGEMENT (PLUS PROFESSIONAL FEES IF NECESSARY) $ 200.00 $ 200.00 $ 200.00 WIRELESS AESTHETICS Collocation Agreement Rent to collocate on the City structure Up to $150.00 Up to $150.00 Up to $150.00 Maintenance associated with the collocation $ 25.00 $ 25.00 $ 25.00 Electrical Service-monthly Per radio node less than or equal to 100 maximum watts $ 73.00 $ 73.00 $ 73.00 Per radio node over 100 maximum watts $ 182.00 $ 182.00 $ 182.00 Or actual costs of electricity, if the actual exceed the foregoing When a project is approved the street assessment will be considered following the special assessment policy. Exhibit A - Ordinance No. 810 -14-December 2, 2025 185 INSPECTIONS 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee WORKING WITHOUT A PERMIT - INVESTIGATION FEE The greater of $100 or 25% of the permit fee, not to exceed $500. Fee not to exceed permit fee. WHEN APPLICABLE, A PLAN REVIEW FEE WILL BE ADDED TO PERMIT APPLICATIONS 65% of permit fee 65% of permit fee 65% of permit fee BUILDING PERMIT FEES BASED ON FEE SCHEDULE BELOW. Mandatory State Surcharge: per permit is a minimum of .50 and when a permit fee is over $1,000 in value the state surcharge is .0005 times the permit value. Surcharge is remitted to MN State Treasurer. Permit Cancellation Policy: 80% of the permit fee will be returned upon written notice of cancellation. If an inspection has been done no refund will be given. HVAC CONTRACTORS LICENSE FEE (April 1-March 31)75.00$ 75.00$ 75.00$ 100.00$ 100.00$ 100.00$ BUILDING PERMITS BASED ON SCHEDULE BELOW: Mandatory State Surcharge: per permit is a minimum of .50 and when a permit fee is over $1,000 in value the state surcharge is .0005 times the permit value. Surcharge is remitted to MN State Treasurer. Cancellation and Refund Policy Permits: 80% of the permit fee will be refunded upon written notice of cancellation. If an inspection has been done no refund can be given. Plan Review: Plan review fees are non-refundable once plan review has been started Surcharges, Electronic Document Fees and other related fees: Non-refundable BUILDING PLAN/STORAGE RETRIEVAL 50.00$ 50.00$ 50.00$ REINSPECTION FEE The fee will be charged by the Building Official or designee where additional time and expense is incurred by the City to achieve code compliance. ALL BUILDING PERMIT VALUATION DATA WILL BE BASED ON THE CURRENT INTERNATIONAL CODE COUNCIL OR CONTRACT Exhibit A - Ordinance No. 810 -15-December 2, 2025 186 INSPECTIONS 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee BUILDING PERMITS (Ref. MN Rules 1300.0160,subd. 1, subd. 2) Table 1 Total valuation based on below fee schedule: FROM TO FEES $1 $500 $50.00 $501 $2,000 $50.00 for the first $500 plus $3.05 for each additional $100 or fraction thereof, up to and including $2000 $2,001 $25,000 $95.75 for the first 2,000 plus $14.00 for each additional $1,000 or fraction thereof, up to and including $25,000 $25,001 $50,000 $417.75 for the first $25,000 plus $10.95 for each additional $1,000 or fraction thereof, up to and including $50,000 $50,001 $100,000 $691.50 for the first $50,000 plus$ $7.34 for each additional $1,000 or fraction thereof, up to and including $100,000 $100,001 $500,000 $1058.50 for the first $100,000 plus$ $6.00 for each additional $1,000 or fraction thereof, up to and including $500,000 $500,001 $1,000,000 $3,458.50 for the first $500,000 plus $5.00 for each additional $1,000 or fraction thereof, up to and including $1,000,000 $1,000,001 and up $5,958.50 for the first $1,000,000 plus $4.00 for each additional $1,000 or fraction thereof ELECTRICAL State Surcharge - each permit 1.00$ 1.00$ 1.00$ Minimum Fee Minimum permit fee is $50.00 plus $1.00 State surcharge. This is for one inspection only. Minimum fee for rough-in inspection and final is $100.00 plus $1.00 State surcharge. Maximum Fee Maximum fee for single family dwelling or townhouse not over 200 Amps is $200.00 plus $1.00 State surcharge. Maximum of 3 inspections. 0 to 300 Amp 50.00 400 Amp 58.00 Add $14.00 for each additional 100 Amps. Circuits and Feeders 0 to 30 Amp 8.00 31 to 100 Amp 10.00 Add $5.00 for each additional 100 Amps. The inspection fee for the installation, addition, alteration or repair of each circuit, feeder, VALUATION Exhibit A - Ordinance No. 810 -16-December 2, 2025 187 INSPECTIONS 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee Apartment Buildings per unit 85.00$ 85.00$ 85.00$ house wiring Reinspection fee 100.00$ 100.00$ 100.00$ Remote Control and Signal Circuits per device 0.75$ 0.75$ 0.75$ Retro Fit Lighting per fixture 0.65$ 0.65$ 0.65$ Saver Switch 35.00$ 35.00$ 35.00$ Service Replacement 100.00$ 100.00$ 100.00$ Sign Transformer per transformer 8.00$ 8.00$ 8.00$ Solar PV Installation Per Minnesota Solar PV System most current Fee Chart Street Lights and parking lot lights per each standard 4.00$ 4.00$ 4.00$ SubPanel Replacement 40.00$ 40.00$ 40.00$ Swimming Pool includes maximum 2 inspections 100.00$ 100.00$ 100.00$ ELECTRICAL (continued) Traffic Signals per each standard 7.00$ 7.00$ 7.00$ Transformers and Generators up to 10 KVA 10.00$ 10.00$ 10.00$ 11 - 74 KVA 40.00$ 40.00$ 40.00$ 75 - 299 KVA 60.00$ 60.00$ 60.00$ over 300 KVA 150.00$ 150.00$ 150.00$ MECHANICAL: HVAC, GAS PIPING, REFRIGERATION AND FIREPLACE Includes all types of fireplaces - masonry, gas, gas log, gas insert, etc. Value Permit charge $0 $1,000 $50.00 $1,001 $5,000 $75.00 + 2.60% $5,001 $10,000 $179.00 + 2.15% $10,001 $25,000 $286.50 + 1.85% $25,001 $50,000 $534.00 + 1.65% $50,001 and up $946.50 + 1.30% Fee per unit of an apartment or condominium complex. This does not cover service and house Exhibit A - Ordinance No. 810 -17-December 2, 2025 188 INSPECTIONS 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee PLUMBING AND PIPING FIXTURES Includes hydraulic sewer valves, rain water leaders, and alteration to existing systems. Value Permit charge $0 $1,000 $50.00 $1,001 $5,000 $75.00 + 2.60% $5,001 $10,000 $179.00 + 2.15% $10,001 $25,000 $286.50 + 1.85% $25,001 $50,000 $534.00 + 1.65% $50,001 and up $946.50 + 1.30% ELECTRONIC DOCUMENT FEE Based on Permit Fee permits with fixed fee or charged by item 2.85% 2.85% 2.85% do not have an electronic fee HOUSE/BUILDING Moving 500.00$ 500.00$ 500.00$ Demolition 500.00$ 500.00$ 500.00$ PERMIT CANCELLATION Request must be made within 180 days of permit issue date. and no inspection has occurred 80% of permit fee 80% of permit fee 80% of permit fee SEWER ACCESS CHARGE (SAC) -CITY per unit 750.00$ 800.00$ 800.00$ PARTIAL OCCUPANCY APPROVAL Partial Occupancy Permit Administrative fee 300.00$ 300.00$ 300.00$ WATER ACCESS CHARGE (WAC) -CITY per unit 2,000.00$ 2,150.00$ 2,150.00$ SAC Charges shall be based on the Residential Equivalent Connection Units (REC) resulting from the use of the City Water/Sewer systems. The REC shall equal the number of SAC Units determined under the SAC Determination to which the building permit relates. WAC Charges shall be based on the Residential Equivalent Connection Units (REC) resulting from the use of the City Water/Sewer systems. The REC shall equal the number of SAC Units determined under the SAC Determination by the Metropolitan Council to which the building permit relates. No surcharge or plan review fees will be returned (includes the fees for stormwater management, right-of-way (ROW) and tree preservation permits). Subject to Department Policies. Exhibit A - Ordinance No. 810 -18-December 2, 2025 189 PUBLIC UTILITIES Rates begin with any billing after April 1 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee RESIDENTIAL UTILITY RATES - QUARTERLY BILLING (includes all residential classes except those classified as apartments) Penalties (for late payment on current balance) 8% 8% 8% Sanitary Sewer (in 1000 gallons) Residential (per dwelling unit) (Flat Rate)- 5 and under units-winter qtr consumption 88.38$ 91.03$ 96.07$ Residential (per dwelling unit) (Flat Rate) - 6-15 units-winter qtr consumption 91.64$ 94.39$ 99.61$ Residential (per dwelling unit) (Flat Rate) - 16-19 units-winter qtr consumption 100.79$ 103.81$ 109.55$ Residential (per dwelling unit) (Flat Rate) - 20-25 units-winter qtr consumption 114.91$ 118.36$ 124.90$ Residential (per dwelling unit) (Flat Rate) - 26-39 units-winter qtr consumption 150.56$ 155.08$ 163.65$ Residential (per dwelling unit) (Flat Rate) - 40-59 units-winter qtr consumption 173.38$ 178.58$ 188.46$ Residential (per dwelling unit) (Flat Rate) - 60-79 units-winter qtr consumption 186.50$ 192.10$ 202.72$ Residential (per dwelling unit) (Flat Rate)- 80 to 99 units-winter qtr consumption 210.86$ 217.19$ 229.20$ Residential (per dwelling unit) (Flat Rate)- 100 and over units-winter qtr consumption 250.25$ 257.76$ 272.01$ Recycling - Residential curbside (per unit) -Recycling 19.00$ 20.00$ 21.00$ Organics (Starting January 2022) Residential curbside (per unit) -Organics 19.00$ 20.00$ 21.00$ Storm Sewer Utility Rate Charge for a Residential Equivalent Factor of 1.00 87.00$ 90.00$ 93.00$ Each single family residential property is considered to be 1/3 of an acre. Street Lights Ornamental (per unit) 13.97$ 14.39$ 14.82$ Overhead (per unit)9.63$ 9.92$ 10.22$ Water Minimum fee, includes up to 1,000 gallons of flow 23.00$ 24.15$ 25.49$ Water meters up to and including 1"23.00$ 24.15$ 25.49$ Water meters over 1" and including 2"124.14$ 130.35$ 137.56$ Water meters over 2" and including 4"170.94$ 179.49$ 189.41$ Water meters over 4"216.45$ 227.27$ 239.84$ Above 1,000 gallons of flow per quarter up to 79,000 (per 1,000 gallons)7.43$ 7.80$ 8.23$ 80,000 gallons and over of flow per quarter (per 1,000 gallons)7.46$ 7.83$ 8.27$ Emergency Water Supply - per 1000 gallons N/A N/A N/A 2.43$ 2.43$ 3.80$ Irrigation Accounts (All) - Monthly Billing Minimum fee, includes up to 1,000 gallons of flow 23.00$ 24.15$ 25.49$ Water rate per 1000 gallons 7.46$ 7.68$ 8.11$ Water Connection Fee (Fee charged by State for each water hookup) Exhibit A - Ordinance No. 810 -19-December 2, 2025 190 PUBLIC UTILITIES Rates begin with any billing after April 1 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee COMMERCIAL & INDUSTRIAL UTILITY RATES - MONTHLY BILLING Inspection Fee for Fire lines 2.00$ 2.00$ 2.00$ Penalties (for late payment on current monthly billings) 5% 5% 5% Sanitary Sewer Water meters up to and including 1" 14.93$ 15.38$ 16.15$ Water meters over 1" and including 2" 38.46$ 39.61$ 41.59$ Water meters over 2" and including 4" 53.50$ 55.11$ 57.86$ Water meters over 4" 68.17$ 70.22$ 73.73$ Based on per 1,000 gallons 6.47$ 6.66$ 7.00$ Note: Water Meter Flow is used to establish sewer flow unless a separate sewer flow meter has been established. Storm Sewer Utility Rate Charge per acre for property X Residential Equivalency Factor (REF) 29.12$ 29.99$ 31.49$ Street Lights Ornamental (per unit)4.66$ 4.80$ 5.04$ Overhead (per unit)3.21$ 3.31$ 3.47$ Water Connection Fee - State charge for each water hookup - (January 1) 0.81$ 0.81$ 3.80$ Water Usage: Minimum fee, includes up to 1,000 gallons of flow 23.00$ 24.15$ 25.49$ Water meters up to and including 1" 23.10$ 24.26$ 25.60$ Water meters over 1" and including 2" 41.38$ 43.45$ 45.85$ Water meters over 2" and including 4" 56.98$ 59.83$ 63.14$ Water meters over 4" 72.15$ 75.76$ 79.95$ Water rate per 1000 gallons 7.46$ 7.83$ 8.27$ Emergency Water Supply - per 1000 gallons N/A N/A N/A OTHER UTILITY FEES Driveway Covers - Replace 150.00$ 150.00$ 150.00$ Hydrant Maintenance (Private) Materials, parts, labor Actual Cost + 20% admin Actual Cost + 20% admin Actual Cost + 20% admin Hydrant Meter Rental Residential (per day + consumption) 2.00$ 2.00$ 2.00$ Commercial (per day + consumption) 5.00$ 5.00$ 5.00$ Commercial (rate per day after 60 days + consumption) 10.00$ 10.00$ 10.00$ Deposit (residential) 300.00$ 300.00$ 300.00$ Deposit (commercial) 2,000.00$ 2,000.00$ 2,000.00$ Repair Parts cost +20% cost +20% cost +20% Exhibit A - Ordinance No. 810 -20-December 2, 2025 191 PUBLIC UTILITIES Rates begin with any billing after April 1 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee Meter Read - Manual Read of Water/Sewer Meter/Upgrade-4th Letter 100.00$ 100.00$ 100.00$ Meter Testing (to be returned if meter is in error of 5% or more of read)50.00$ 50.00$ 50.00$ Sanitary Sewer Inspections and Compliance Fees Ordinance No. 352 Noncompliant discharge into sanitary sewer(or refuse inspection) Single Family Residential $500/month $500/month $500/month Non Single Family Residential $1,000/month $1,000/month $1,000/month Application fee for noncompliant winter discharge into sanitary sewer per month 250.00$ 250.00$ 250.00$ Application fee for certificate of sewer regulations compliance Single Family Residential (R-1 or R-2), per structure 250.00$ 250.00$ 250.00$ Non Single Family Residential (all other structures), per structure 750.00$ 750.00$ 750.00$ Video Review Residential video record completed by private licensed plumber 100.00$ 100.00$ 100.00$ Non-residential video record completed by private licensed plumber 375.00$ 375.00$ 375.00$ Sump Pump Inspection 50.00$ 50.00$ 75.00$ Water Meter and Parts (All)At cost +20% At cost +20% At cost +20% Water on/off per each event (business day)25.00$ 25.00$ $ 75.00 (after hours)175.00$ 175.00$ 175.00$ Exhibit A - Ordinance No. 810 -21-December 2, 2025 192 FIRE DEPARTMENT 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee EQUIPMENT CHARGE PER HOUR Fire Engine (includes personnel)250.00$ 250.00$ 275.00$ Fire Rescue Truck (includes personnel)250.00$ 250.00$ 275.00$ Fire Aerial Truck (includes personnel)350.00$ 350.00$ 375.00$ Police and Fire Rescue Truck (includes personnel)250.00$ 250.00$ 275.00$ Fire Boat (includes personnel)75.00$ 75.00$ 100.00$ Fire ATV (includes personnel)75.00$ 75.00$ 100.00$ Fire Life Safety Trailer (includes personnel)200.00$ 200.00$ 225.00$ Gas Lines, construction damage with Fire Department Response 250.00$ 250.00$ -$ FIRE COMMERCIAL COOKING VENTILATION SYSTEMS (HOOD AND DUCT CLEANING) Inspection 75.00$ 75.00$ 75.00$ Re-inspection 150.00$ 150.00$ 150.00$ FIRE SPRINKLER, FIRE ALARMS & SPECIAL FIRE SUPPRESSION SYSTEMS New Installation or Alteration of Existing Ref. MN Rules 1300.0160,subd. 1, subd. 2 Total valuation based on below fee schedule: FROM TO FEES $0 $500 $50.00 $501 $2,000 $50.00 for the first $500 plus $3.05 for each additional $100 or fraction thereof, up to and including $2000 $2,001 $25,000 $95.75 for the first 2,000 plus $14.00 for each additional $1,000 or fraction thereof, up to and including $25,000 $25,001 $50,000 $417.75 for the first $25,000 plus $10.95 for each additional $1,000 or fraction thereof, up to and including $50,000 $50,001 $100,000 $691.50 for the first $50,000 plus$ $7.34 for each additional $1,000 or fraction thereof, up to and including $100,000 $100,001 $500,000 $1,058.50 for the first $100,000 plus $6.00 for each additional $1,000 or fraction thereof, up to and including $500,000 $500,001 $1,000,000 $3,458.50 for the first $500,000 plus $5.00 for each additional $1,000 or fraction thereof, up to and including $1,000,000 $1,000,001 and up $5,958.50 for the first $1,000,000 plus $4.00 for each additional $1,000 or fraction thereof VALUATION Exhibit A - Ordinance No. 810 -22-December 2, 2025 193 FIRE DEPARTMENT 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee FIREWORKS/PYROTECHNIC SPECIAL EFFECTS Permit fee includes required rental of fire engine and crew for one hour stand-by at display 350.00$ 350.00$ 375.00$ FLOOR DRY (ACCIDENTS)per bag 20.00$ 20.00$ 40.00$ FUEL TANKS Permanent above/underground Use Fire Sprinkler, Fire Alarms & Special Fire Suppression Systems Table Above Fuel, Compressed Gasses, Hazardous Materials, and Associated Appliances & Piping Temporary LP Tank/Fuel Tank per tank 50.00$ 50.00$ 75.00$ PERSONNEL (OVERTIME WOULD BE 1.5 X RATE) Full-time Fire Personnel (scheduled time after hours -minimum 2 hours)$75/hr $80/hr $80/hr Paid On-Call Fire Personnel $35/hr $40/hr $40/hr TENT/CANOPY INSPECTIONS - REQUIRED FOR TENT EXCEEDING 400 SQ FT AND Canopies exceeding 700 sq ft (per site)50.00$ 50.00$ 75.00$ Each additional tent and/or canopy (per site)25.00$ 25.00$ 50.00$ WEED ERADICATION/LAWN MOWING - PER HOUR (SEE MINIMUMS) Occupied/unoccupied residential/commercial property - 3 hour minimum $125/hr $125/hr $125/hr SECOND OR MORE VIOLATIONS IN A 12-MONTH PERIOD Occupied/unoccupied residential/commercial property - 3 hour minimum $250/hr $250/hr $250/hr Exhibit A - Ordinance No. 810 -23-December 2, 2025 194 POLICE DEPARTMENT 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee ALARM SYSTEM - RESIDENTIAL FALSE ALARMS (per calendar year) 1-3 false alarms -$ -$ -$ 4-10 false alarms 100.00$ 100.00$ 100.00$ 11-15 false alarms 150.00$ 150.00$ 150.00$ 16 or more false alarms 250.00$ 250.00$ 250.00$ ALARM SYSTEM - COMMERCIAL FALSE ALARMS (per calendar year) 1-3 false alarms -$ 4-10 false alarms 250.00$ 11-15 false alarms 325.00$ 16 or more false alarms 500.00$ ANIMAL CONTROL Impound Fee for dogs 50.00$ 50.00$ 50.00$ Boarding Fee for dogs and cats per day (7 day maximum)20.00$ 20.00$ 20.00$ Dangerous Dog License 250.00$ 250.00$ 250.00$ -$ Up to $1,000 Up to $1,000 EQUIPMENT CHARGE PER HOUR Police Rescue Truck (includes personnel)250.00$ 250.00$ 250.00$ Squad Car (includes personnel)110.00$ 110.00$ 110.00$ FINGERPRINTING Golden Valley Resident 10.00$ 10.00$ 10.00$ Anyone employed in Golden Valley 25.00$ 25.00$ 25.00$ Additional Card 5.00$ 5.00$ 5.00$ FORFEITED DWI VEHICLE ADMINISTRATIVE FEE 1,000.00$ 1,000.00$ 1,000.00$ NUISANCE SERVICE CALL FEE (AFTER THREE CALLS)250.00$ 250.00$ 250.00$ Dangerous/Potentially Dangerous Dog Appeal Hearing: If dangerous dog/potentially dangerous dog declaration upheld, actual expense of hearing up to $1,000. Exhibit A - Ordinance No. 810 -24-December 2, 2025 195 PARK & RECREATION 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee ACTIVITIES Rates/Fees are printed in Seasonal Activities Catalogs (Spring/Summer, Fall, Winter). Staff will pro-rate and make program/event/activity fee adjustments as necessary. Adult (Non-resident fees applicable) Individual Athletics/Fitness $20.00-$150.00 $20.00-$150.00 $20.00-$150.00 Programs $1.00-$150.00 $1.00-$150.00 $1.00-$150.00 Special Events $0.00-$75.00 $0.00-$75.00 $0.00-$75.00 Open Gyms Drop-in fee $5.00 $5.00 $5.00 10-time Punch Pass $40.00 $40.00 $40.00 55+ Adult Newsletter Subscription $5.00-$8.00 $5.00-$8.00 $5.00-$8.00 Presentation/Discussion Groups $1.00-$5.00 $1.00-$5.00 $1.00-$5.00 Adult Trips & Sports Leagues (Non-resident fees non-applicable) Trips - 1-6 day Market Rate Market Rate Market Rate Sports Leagues $100.00-$900.00 $100.00-$900.00 $100.00-$900.00 Sports League Cancelation Fee $40.00 $40.00 $40.00 Youth Athletics $10.00-$200.00 $10.00-$200.00 $10.00-$200.00 Programs and Camps $5.00-$175.00 $5.00-$175.00 $5.00-$175.00 Trips/Events $0.00-$150.00 $0.00-$150.00 $0.00-$150.00 BACKYARD INDOOR PLAYGROUND Daily Rates Resident $5.00 $5.00 $6.00 Non-resident $6.00 $6.00 $7.00 Twilight (last hour of daily operation) $2.00 $2.00 $0.00 Socks $2.00 $2.00 $2.00 10 Punch Pass - Resident $40.00 $40.00 $40.00 10 Punch Pass - Non-resident $50.00 $50.00 $50.00 Group Rates Pre-reservation required; Ratio of 10:1 youth/adult; 1 payment only Groups of 15 kids or more, max 50, includes use of a party room when available $5.00 $5.00 $6.00 Party Rates Includes 2 hrs party room; 10 wristbands; extra wristbands may be Resident $110.00 $110.00 $120.00 Non-resident $130.00 $130.00 $140.00 Picnic Packages Three One SIx Bar + Grill will provide food package options for party groups. Entire Playground Private Rental Includes 2 hrs exclusive use of playground and 2 party rooms Resident $275.00 $275.00 $275.00 Non-resident $300.00 $300.00 $300.00 Additional hour $100.00 $100.00 $100.00 purchased for daily rate (max of 20 people total per party room) Exhibit A - Ordinance No. 810 -25-December 2, 2025 196 PARK & RECREATION 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee OTHER PARK & RECREATION FEES Athletic Field Resident - no attendent per hour/per field (min 2 hrs) $25.00 $25.00 $25.00 Resident - with attendent per hour/per field (min 2 hrs) $45.00 $45.00 $45.00 Non-resident - no attendent per hour/per field (min 2 hrs) $35.00 $35.00 $35.00 Non-resident - with attendent per hour/per field (min 2 hrs) $55.00 $55.00 $55.00 With Lights (requires attendent) per hour/per field $10.00 $10.00 $10.00 All day tournament Resident per day/per field $150.00 $150.00 $150.00 Non-resident per day/per field $250.00 $250.00 $250.00 Field Attendant per hour $20.00 $20.00 $20.00 Beer/Wine Permit (only with Picnic Shelter rental)$50.00 $50.00 $50.00 Davis Community Center Gym Resident per hour $30.00 $30.00 $30.00 Non-resident per hour $40.00 $40.00 $40.00 Entire Park Use (plus facility rental fees) Resident up to 12 hrs $850.00 $850.00 $850.00 Non-resident up to 12 hrs $1,200.00 $1,200.00 $1,200.00 Equipment Use Fee Permit Inflatable, climbing wall, zipline, etc Each $25.00 $25.00 $25.00 Gazebo/Sun Shelter Resident per hour $25.00 $25.00 $25.00 Non-resident per hour $35.00 $35.00 $35.00 Resident per hour $30.00 $30.00 $30.00 Non-resident per hour $40.00 $40.00 $40.00 Community Garden Container Resident $40.00 $40.00 $40.00 Non-resident $55.00 $55.00 $55.00 Dog Bag Station Sponsorship Initial Sponsorship $375.00 $375.00 $375.00 $160.00 $160.00 $160.00 Park Shelter Building Resident per hour $25.00 $25.00 $25.00 Non-resident per hour $35.00 $35.00 $35.00 Key/Fob Deposit refundable when returned $25.00 $25.00 $25.00 Renovated Park Shelter Building Resident per hour (2 hr min) $40.00 $40.00 $40.00 Non-resident per hour (2 hr min) $50.00 $50.00 $50.00 Damage & Use Guideline Compliance Deposit $100.00 $100.00 $100.00 Hockey Rink (outdoor) Renewal Sponsorship for dog bags Charged at time of reservation and refundable Exhibit A - Ordinance No. 810 -26-December 2, 2025 197 PARK & RECREATION 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee Picnic Pavilion Rental at Brookview Small Pavilion (up to 50 people) Resident $115.00 $115.00 $115.00 Non-resident $150.00 $150.00 $150.00 Large Pavilion (up to 100 people) Resident $150.00 $150.00 $150.00 Non-resident $200.00 $200.00 $200.00 Picnic Shelter Damage & Use Guideline Compliance Deposit Charged at time of reservation and refundable $250.00 $250.00 $250.00 Professional Photo/Video Use of Specific Park Area (plus facility rental fees) Resident per hour $100.00 $100.00 $100.00 Non-resident per hour $125.00 $125.00 $125.00 Sand Volleyball Courts at Brookview (2 courts) Resident per hour/per court $15.00 $15.00 $15.00 Non-resident per hour/per court $20.00 $20.00 $20.00 With Lights per hour/per field $10.00 $10.00 $10.00 Tennis or Pickleball Court Tournament per day/per court Resident $75.00 $75.00 - Non-resident $100.00 $100.00 - Court Resident per hour $7.00 $7.00 $7.00 Non-resident per hour $9.00 $9.00 $9.00 Youth Athletic Association Player Field Maintenance Fee Resident & Non-resident per person/per season $8.00-$12.00 $8.00-$12.00 $8.00-$12.00 Organization Field Maintenance Fee per organization/per season $100.00- $100.00-$2,000.00 $100.00-$2,000.00 Exhibit A - Ordinance No. 810 -27-December 2, 2025 198 BROOKVIEW 2026 Proposed Day of Week 2026 Res 2026 Non- Res Damage Deposit Sunday 1,600.00$ 1,800.00$ 500.00$ Friday 1,800.00$ 2,000.00$ 500.00$ Saturday 2,200.00$ 2,400.00$ 500.00$ Day of Week 2026 Res 2026 Non- Res Damage Deposit Saturday 150.00$ 180.00$ 500.00$ Day of Week 2026 Res 2026 Non- Res Damage Deposit Sunday - Thursday 70.00$ 85.00$ 500.00$ Friday 75.00$ 90.00$ 500.00$ Saturday 90.00$ 105.00$ 500.00$ Day of Week 2026 Res 2026 Non- Res Damage Deposit Sunday - Thursday 70.00$ 85.00$ 500.00$ Friday 75.00$ 90.00$ 500.00$ Saturday 90.00$ 105.00$ 500.00$ Day of Week 2026 Res 2026 Non- Res Damage Deposit Monday - Sunday 85.00$ 100.00$ 100.00$ Day of Week 2026 Res 2026 Non- Res Damage Deposit Monday - Sunday 55.00$ 65.00$ 100.00$ Day of Week 2026 Res 2026 Non- Res Damage Deposit Monday - Sunday 30.00$ 40.00$ 100.00$ Day of Week 2026 Res 2026 Non- Res Damage Deposit Friday-Sunday 200.00$ 250.00$ N/A 12-month Venue Approval per caterer $100 Facility Use per event 12% $50 $50 $500 OTHER FEES Stage White Chair Set Up Inside Ceiling Drapery Bassett Creek Room Full Day Rental (10am-12:30am) Bassett Creek Room Hourly - Includes Fairway Deck & Evergreen Deck Bassett Creek North & Evergreen Deck Bassett Creek South Room & Fairway Deck Valley Room Hourly Valley North/South Room Hourly Sweeney/Rice Lake Conference Room Hourly Fairway Deck Ceremony CATERING Exhibit A - Ordinance No. 810 -28-December 2, 2025 199 BROOKVIEW GOLF COURSE / 316 BAR & GRILL 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee REGULATION COURSE 18 Hole 45.00$ 45.00$ 49.00$ 18 Hole Club Member 37.00$ 37.00$ 39.00$ 18 Hole Senior Club Member (Age 60+)33.00$ 33.00$ 35.00$ 18 Hole Senior (Age 60+)38.00$ 38.00$ 42.00$ 18 Hole League 45.00$ 45.00$ 49.00$ 18 Tournament 45.00$ 45.00$ 49.00$ 9 Hole 24.00$ 24.00$ 26.00$ 9 Hole Club Member 20.50$ 20.50$ 21.50$ 9 Hole Senior Club Member (Age 60+)19.00$ 19.00$ 21.00$ 9 Hole Senior (Age 60+)21.00$ 21.00$ 23.00$ 9 Hole League 24.00$ 24.00$ 26.00$ 9 Hole Tournament 24.00$ 24.00$ 26.00$ 2nd Nine 21.00$ 21.00$ 26.00$ 2nd Nine Club Member 16.50$ 16.50$ 18.50$ Sunrise/Sunset Rate 21.00$ 21.00$ 23.00$ Twilight 25.00$ 25.00$ 27.00$ Twilight Club Member 20.50$ 20.50$ 22.50$ Junior Rate Club Member $28.50/$16.00 $28.50/$16.00 $30.50/$18.00 Junior Rate $31.00/$18.50 $31.00/$18.50 $35.00/$20.50 Golf Shop Merchandise Market Rate Market Rate Market Rate PAR 3 COURSE 9 Hole 16.00$ 16.00$ 17.00$ 9 Hole Club Member 12.50$ 12.50$ 13.50$ 9 Hole Senior Club Member (Age 60+)11.50$ 11.50$ 12.50$ 9 Hole Senior (Age 60+)13.00$ 13.00$ 14.00$ 9 Hole League 16.00$ 16.00$ 17.00$ 9 Hole Tournament 16.00$ 16.00$ 17.00$ 9 Hole Junior Rate Club Member 11.50$ 11.50$ 12.50$ 9 Hole Junior 13.00$ 13.00$ 14.00$ 9 Hole Youth on Course 7.50$ 7.50$ 5.00$ 2nd 9 Par 3 11.00$ 11.00$ 12.00$ Junior Par 3 Season Pass 90.00$ 90.00$ 90.00$ Golf Shop Merchandise Market Rate Market Rate Market Rate Exhibit A - Ordinance No. 810 -29-December 2, 2025 200 BROOKVIEW GOLF COURSE / 316 BAR & GRILL 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee CART RATES 18 Hole Power Cart 36.00$ 36.00$ 40.00$ 18 Hole Tournament Cart 36.00$ 36.00$ 40.00$ 18 Hole Club Member Cart 30.00$ 30.00$ 34.00$ 9 Hole Tournament Cart 23.00$ 23.00$ 25.00$ 9 Hole Power Cart 23.00$ 23.00$ 25.00$ 9 Hole Par 3 Power Cart 19.00$ 19.00$ 21.00$ Pull Cart/Regulation Course 5.00$ 5.00$ 7.00$ Pull Cart/Par 3 Course 4.00$ 4.00$ 6.00$ Trailer fee/Use of personal power cart $15.00/$10.00 $15.00/$10.00 $20.00/$15.00 CLUB MEMBER CARDS Resident Adult 85.00$ 85.00$ 90.00$ Non-resident Adult 125.00$ 125.00$ 130.00$ Resident Senior (Age 60+)55.00$ 55.00$ 60.00$ Non-resident Senior (Age 60+)90.00$ 90.00$ 95.00$ Resident Junior (17 yrs & under)45.00$ 45.00$ 50.00$ Non-resident Junior (17 yrs & under)50.00$ 50.00$ 55.00$ Par 3 35.00$ 35.00$ 40.00$ CLUB RENTALS 18 Hole full rental - Regulation $20.00/$30.00 $20.00/$30.00 $20.00/$30.00 9 Hole full rental - Regulation $10.00/$15.00 $10.00/$15.00 $10.00/$15.00 9 hole Par 3 half rental $10.00 $10.00 $10.00 CURLING Curling League 200.00$ 200.00$ 200.00$ Curling Rink Rental (1 hour)20.00$ 20.00$ 20.00$ Game Official For Private Rentals / Events $30.00/hour $30.00/hour $30.00/hour DRIVING RANGE Small Bucket 5.00$ 5.00$ 5.00$ Medium Bucket 7.00$ 7.00$ 8.00$ Large Bucket 9.00$ 9.00$ 12.00$ Exhibit A - Ordinance No. 810 -30-December 2, 2025 201 BROOKVIEW GOLF COURSE / 316 BAR & GRILL 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee LAWN BOWLING League Fee M-Th evenings (7 week league) $200.00-$500.00 $200.00-$500.00 $200.00-$500.00 Single Rink Rental - Resident and Club Member $25.00/hour $25.00/hour $30.00/hour Single Rink Rental - Non-resident $30.00/hour $30.00/hour $35.00/hour Private Rental of Four Rinks $120.00/hour $120.00/hour $140.00/hour Private Rental of Eight Rinks - exclusive use $240.00/hour $240.00/hour $280.00/hour Senior Leagues (per person)5.00$ 5.00$ 5.00$ Game Official For Private Rentals / Events $30.00/hour $30.00/hour $30.00/hour Game Equipment Use For Leagues & Rentals included included included Bean Bag Leagues $100.00-$200.00 $100.00-$200.00 $100.00-$200.00 Yard Games (per set)10.00$ 10.00$ 15.00$ LESSONS Adult Group $95.00-$200.00 $95.00-$200.00 $95.00-$200.00 Junior Camp $150.00-$320.00 $150.00-$320.00 $150.00-$320.00 Junior Group $65.00-$150.00 $65.00-$150.00 $65.00-$150.00 RENTALS Locker Rental (Season)120.00$ 120.00$ 120.00$ PA Rental (per day)50.00$ 50.00$ 50.00$ Table and chair rental (per hole)15.00$ 15.00$ 15.00$ Three One Six Indoor Rental (per 6 hours)1,000.00$ 1,000.00$ 2,000.00$ Three One Six Patio Rental (per 4 hours)300.00$ 300.00$ 100.00$ Three One Six Pop-up Tent Rental (per tent)20.00$ 20.00$ 25.00$ Tournament Cart Rental (per cart)$50.00-$80.00 $50.00-$80.00 $50.00-$80.00 Tournament Sponsor Sign (per sign)5.00$ 5.00$ 5.00$ MISCELLANEOUS FEES USGA Handicap Service MGA Non-Club Member 50.00$ 50.00$ 55.00$ Club Member Annual 35.00$ 35.00$ 40.00$ No Show Fee FULL FEE FULL FEE FULL FEE Commerative Bench $1,000.00-$1,500.00 $1,000.00-$1,500.00$1,200.00-$1,500.00 THREE ONE SIX BAR + GRILL All Products and Services Market Rate Market Rate Market Rate Staffing Fee for Private Events (per hour, per employee)20.00$ 20.00$ 20.00$ Cooler Bags 7.00$ 7.00$ 7.00$ Bar Set Up Fee 100.00$ Service Charge 22% Table Linens $10.00/$15.00 Buffet Upgrade $6.00 Per Person Full Table Setting $8.00 Per Person Corkage Fee $25 per (750 mL) bottle Exhibit A - Ordinance No. 810 -31-December 2, 2025 202 DONATIONS 2024 Adopted Fee 2025 Adopted Fee 2026 Proposed Fee 2,600.00$ 2,600.00$ $2,600.00 Tree Donation- City Park or Open Area 350.00$ 350.00$ 350.00$ Brookview Golf Course: Commemorative Bench with Engraved Plaque $1,000.00-$1500.00 $1,000.00-$1500.00 $1,200.00-$1500.00 Tree Donation 350.00$ 350.00$ 500.00$ Commemorative Bench with Engraved Plaque- City Park or Open Area Exhibit A - Ordinance No. 810 -32-December 2, 2025 203 2026 Fee Schedule City Council Work Session November 12, 2025 204 Fee Schedule Summary For 2026 •The fee schedule informs residents of the cost of receiving various services from the City of Golden Valley in the form of Licenses, Fees, Permits, and Penalties •The schedule is reviewed annually and updated as needed to accommodate anticipated changes in the upcoming year •While most of the General Fund revenue (87.3% in 2026) is from Property Taxes, fees make up almost 7.0% of budgeted revenue in 2026 205 Fee Schedule Summary Continued •Fees were reviewed by our consultant in 2025 with an emphasis placed on comparing Golden Valley to neighboring communities. Further rate study review will continue into 2026 •Fees were generally held steady year-over-year with some adjustments based on the anticipated cost increases for some areas as presented in the budget •As a result of the fee review and in discussion with departments, some fees were eliminated or combined to clarify or simplify the schedule. 206 Fee Updates for 2026 •Adjusted rates for direct staff services including: •Increased rates for PW staff performing water shut off and sump pump inspections •Modified the rate for City Legal staff to account for annual cost changes •Adjusted rates for various services: •Various licenses, permits, and fees •Moved to a flat fee for park dedication fees from a percent of value basis •Parks and Recreation services including programs, golf, and room rates were all reviewed and adjusted as planned for in their respective budgets •Utility Rates: •Increased Water and Sewer rates by 5.53% across the board to account for rate increases in wholesale water rates from Minneapolis •Increased other utility rates by 3-5% depending on inflationary growth planned in operations for those activities 207 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 6B. Approve Executive Search Consultant Agreement with GMP Consultants, LLC Prepared By Kirsten Santelices, Deputy City Manager Summary The City conducted a request for proposal (RFP) to find an executive search firm who would lead the recruitment process for the open Police Chief position. The City interviewed firms and selected GMP Consultants, LLC. Founded and led by Greg M. Prothman, formerly the CEO of Prothman, GMP consultants have worked on over 800 executives searches and over 100 public sector consulting projects. The following excerpt from GMP Consultants' proposal describes the team with GMP who will support the project: Chief Tom Davis will lead your police chief recruitment. With over 33 years in law enforcement, including significant management experience, Tom has served every promotional rank at Snohomish County Sheriff’s Office including Under Sheriff (population 900,000) and concluded his career as Chief of Police in Lynnwood, WA (population 45,000). Chief Tom Davis will be supported by Chief Tim Troxel. Tim is a tenured law enforcement professional who brings 33 years of law enforcement experience including 12 years in senior law enforcement leadership. Tim retired as Deputy Police Chief with the City of Renton (population 100,000). Mr. Jeff Weldon is also on the team. Jeff served 29 years in municipal management in Minnesota and South Dakota including city administrator for Redwood Falls, MN; and assistant city administrator for Apple Valley, MN. Financial or Budget Considerations The cost of an executive search process will be paid for out of the Police department budget. Legal Considerations The agreement has been reviewed and approved by the City Attorney. Equity Considerations As part of the RFP process, each company described their organization’s commitment to diversity, equity, and inclusion and their mission, vision, and values and how they align with the mission, vision, and values of the City of Golden Valley. 208 Recommended Action Motion to approve a professional services agreement for an executive search consultant with GMP Consultants LLC. Supporting Documents Executive Search Consultant Agreement with GMP Consultants, LLC 209 1 PROFESSIONAL SERVICES AGREEMENT FOR Executive Recruitment Search for Police Chief THIS AGREEMENT is made this November 18, 2025 (“Effective Date”) by and between GMP Consultants a Minnesota limited liability company with its principal office located at 7041 Cascade Ave SE Snoqualmie, WA 98065 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of providing public sector executive recruitment services. B. The City desires to hire Contractor to provide executive recruiting services for the purposes of hiring a Police Chief. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested services. D. The City desires to engage Contractor to provide the services described in this Agreement and Contractor is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Contractor agree as follows: AGREEMENT 1. Services. Contractor agrees to provide the City with the services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2. Time for Completion. The Services shall be completed on or before March 31, 2026, provided that the parties may extend the stated deadlines upon mutual written agreement. This Agreement shall remain in force and effect commencing from the Effective Date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Contractor for the Services according to the terms on the attached Exhibit A. The consideration shall be for both the Services performed by Contractor and any expenses incurred by Contractor in performing the Services. Contractor shall submit statements to the City upon completion of the Services. The City shall pay Contractor within thirty-five (35) days after Contractor’s statements are submitted. 4. Termination. Notwithstanding any other provision herein to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; 210 2 b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 5. Amendments. No amendments may be made to this Agreement except in writing signed by both parties. The City’s authorized agent, may on behalf of the City, administratively approve amendments that do not materially change the scope of work or increase the contract price. Any amendments that materially change the scope of work or increase the contract price shall require council approval. 6. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 7. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 8. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 9. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; Business Auto Liability in an amount not less than $1,000,000.00 per occurrence; Professional Liability in an amount not less than $1,000,000.00 per claim; and Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per occurrence for property damage, $2,000,000.00 aggregate. To meet 211 3 the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 10. Subcontracting. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent Contractors, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 11. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. 12. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the services which Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 13. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulatfons in effect as of the date Contractor agrees to provide the Services. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatfves, and subcontractors shall abide by the City's policies prohibitfng sexual harassment and tobacco, drug, and alcohol use as defined in the City’s Respectiul Work Place Policy, and Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulatfng the conduct of persons on City property, at all tfmes while performing dutfes pursuant to this Agreement. Contractor agrees and understands that a violatfon of any of these policies, procedures, or rules constftutes a breach of the Agreement and sufficient grounds for immediate terminatfon of the Agreement by the City. 212 4 14. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Contractor, and supersedes any other written or oral agreements between the City and Contractor. This Agreement may only be modified in a writing signed by the City and Contractor. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between Exhibits A and B, the terms of Exhibit B shall prevail. 15. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 16. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 17. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 18. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City’s employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Contractor may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Contractor prior to the effective date of this Agreement; however, to the extent Contractor generates reports or recommendations for the City using proprietary processes or formulas, Contractor shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. 19. Agreement Not Exclusive. The City retains the right to hire other professional Contractor service providers for this or other matters, in the City’s sole discretion. 20. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 213 5 21. Confidentiality. Consultant understands that the City has access to, develops, and uses private, confidential, nonpublic, and protected nonpublic information, as those terms are defined by the MGDPA, in connection with its business (collectively, “Confidential Information”). The City has instituted policies and procedures to protect and safeguard this Confidential Information. While working for the City under this Agreement, Consultant may come into contact with Confidential Information. Consultant understands that the protection of Confidential Information is required by law and is a requirement of their relationship with the City. Accordingly, Consultant agrees as follows: 21.1 During the term of this Agreement and after the termination of Consultant’s relationship with the City: (a) Consultant will keep secret all Confidential Information and will not directly or indirectly disclose it to anyone outside the City; (b) Consultant will not make use of any Confidential Information for their own purposes or for the benefit of anyone other than the City; and (c) upon termination of Consultant’s relationship with the City, Consultant will promptly deliver to the City all memoranda, notes, records, and other documents (and all copies thereof) constituting or relating to Confidential Information. 21.2 If Consultant breaches or threatens to breach any provisions of paragraph 19.1, the City has the right to enforce this Agreement in any court having jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. 21.3 This Agreement is not intended to prevent Consultant from working for any employer subsequent to the termination of their relationship with the City, as long as Consultant does not use or disclose Confidential Information. 22. No Discrimination. Contractor agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender, gender identity, gender expression, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 23. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Dr. John Miller, the Human Resources Manager of the City, or designee. Contractor’s authorized agent for purposes of administration of this contract is Greg Prothman or designee who shall perform or supervise the performance of all Services. 24. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Greg Prothman John Miller City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 214 6 jmiller@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 25. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 26. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 27. Payment of Subcontractors. Contractor agrees that it must pay any subcontractor within 10 days of the prime contractor’s receipt of payment from the City for undisputed Services provided by the subcontractor. Contractor agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. 28. Publicity. At the City’s request, the City and Contractor shall develop language to use when discussing the Services. Contractor agrees that Contractor shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Contractor shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 29. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 30. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 31. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 32. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. [Remainder of page left blank intentionally. Signature page follows.] 215 7 IN WITNESS WHEREOF, the City and Contractor have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. GMP CONSULTANTS: CITY OF GOLDEN VALLEY: By: _________________________________ Name: ______________________________ Title: _______________________________ By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 216 EXHIBIT A SCOPE OF SERVICES AND FEES Scope of Work Timeline Timelines reflected below may be adjusted by written mutual agreement. Milestone Payments Consultant shall invoice for completion of deliverables and the City shall make payments in accordance with paragraph 3 “Considerations” of this Agreement. Total payments for services rendered shall not exceed $18,500. Ongoing: Continually communicate with City staff. Facilitate communication with all applicants, including coordinating candidate travel as applicable. Phase One – Information Gathering, Profile Development & Position Announcement  Review and finalize search process and schedule with HR manager and City Manager  Conduct key stakeholder meetings (including but not limited to City Manager, Executive Team, Police department personnel, City Council members, and community partners) and review relevant documents  Develop candidate profile  Develop invitation to apply Completed by of November 30, 2025 Payment of $6,166.67 upon completion of all of the following:  Finalized process details and schedule  Hosted key stakeholder meetings  Finalized and City Manager- approved candidate profile and advertisement language  Placed advertisements and creation of a database of potential candidates  Contacted potential candidates Phase Two – Strategic Marketing Campaign  Place advertisements in appropriate professional online publications and perform mail, phone, and email outreach to potential candidates Completed by December 31, 2025 217  Identify and contact potential candidates  Develop a database of potential candidates Phase Three – Candidate Screening and Shortlist Presentation  Collect & review candidate application materials  Conduct preliminary candidate interviews  Conduct an internet publication search on candidates  Provide semifinalist list and packets inclusive of consultant interview notes to the City team  Meet with the City to review 6-8 candidates and select finalist candidates  Collaborate with City staff to design final interview Completed by January 23, 20206 Payment of $6,166.67 upon completion of all of the following:  Collected and reviewed all application materials  Conducted preliminary screening interviews  Conducted an internet publication search on semifinalist candidates  Provided 6-8 candidate packets with consultant interview notes to the City team  Met with the City to review semifinalist candidates and select finalist candidates  Collaborated with staff to design finalist interviews Phase Four – Final Interviews  Conduct professional references & background check on all finalist candidates  Develop an interview schedule for final interviews  Work with City staff to develop interview questions  Provide the City with finalist candidate’s application materials  Facilitate final interviews  Assist in facilitating final offer and pre-employment processes Completed by February 28, 2026 Payment of $6,166.66 upon completion of all of the following:  Conducted professional references & background check on all finalist candidates  Developed an interview schedule for final interviews  Worked with City staff to develop interview questions  Provided the City with finalist candidate’s application materials  Facilitated final interviews  Assisted with final offer and pre-employment processes 218 Additional Expenses If needed, re-advertising the position can be completed for a $750 administrative fee plus expenses. The City will be responsible for reimbursing expenses incurred on the City’s behalf. All expenses shall be submitted at actual cost with no markup. Expenses include:  Websites, job boards and other advertising (approx. $1,800 - 2,200)  Direct mail announcements (approx. $1,700 - 2,000)  Consultant travel: Mileage at IRS rate and $87.50 per hour  Background checks (approx. $225 per candidate) Any additional work requested beyond services provide in the scope of work is billed at $185 per hour. If a candidate is not selected and a second recruitment is needed, additional expenses may be applicable beyond the not to exceed figure. Guarantee If the major elements of this process are followed and a candidate is not selected, we will repeat the recruitment for a $750 administrative fee plus expenses as needed until a candidate is selected. Should the selected candidate leave the employment of the City within the first 18 months of appointment, we will conduct an additional recruitment for the cost of expenses only, if requested to do so within six months of the employee’s departure. 219 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 18, 2025 Agenda Item 6C. Review of Council Calendar Prepared By Theresa Schyma, City Clerk Summary The Council will review upcoming city meetings, events, and holiday closures. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action No action is required on this item. Supporting Documents Review of Council Calendar 220 Review of Council CalendarEventEvent TimeLocationNOVEMBERThursday, November 27City Offices Closed for Observance of ThanksgivingFriday, November 28City Offices Closed for Observance of ThanksgivingDECEMBERTuesday, December 2HRA Meeting6:30 PMCouncil ChambersCity Council Meeting(Includes the Annual Truth-in-Taxation Hearing)6:30 PMCouncil ChambersFriday, December 5Blizzard Bash5:30 PM - 8:00 PMBrookviewTuesday, December 9HRA Work Session (if necessary)6:30 PMCouncil Conference RoomCouncil Work Session6:30 PMCouncil Conference RoomWednesday, December 10City Offices Closed for Employee Event11:30 AM - 1:30 PMCity Hall CampusFriday, December 12Annual Toys for Tots Motorcade4:45 PM - 6:00 PMFrom GVPD to KARE 11Sunday, December 14Winter Market in the Valley (Indoors)10:00 AM - 1:00 PMBrookviewBassett Creek RoomCPKC Holiday Train5:00 PM - 5:30 PM Golden Hills Drive Railway CrossingTuesday, December 16City Council Meeting6:30 PMCouncil ChambersWednesday, December 24City Offices Closed for Observance of Christmas EveThursday, December 25City Offices Closed for Observance of Christmas DayJANUARY221