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HomeMy WebLinkAbout05(K) - Approval of Annual City Council Appointments Report ITEM: 5K CITY COUNCIL AGENDA REPORT MEETING DATE: January 13, 2026 PREPARED BY: Jason Wedel, City Manager PRESENTED BY: Jason Wedel AGENDA ITEM: Approval of Annual City Council Appointments RECOMMENDED ACTION: Approve the appointments as required each year under the City Council Bylaws. The Mayor has recommended various appointments, and the Council as a body may confirm or deny them. BACKGROUND: The City Council Bylaws provide that the first regularly scheduled meeting in January is referred to as the annual meeting. During the annual meeting regular business may be conducted, but the following organizational business is required to be considered unless scheduled at an earlier meeting or deferred by the Council:  Yearly Appointments  Yearly Designations  Yearly Approval of City Council Appointed Committees The attached committee matrix shows the proposed assignments for 2026. The Council should take the following actions to fulfill its responsibility under the Bylaws: 1. Consider Approval of Official Newspaper for 2026: The majority of the City’s notifications are no longer required by the State to be published in a newspaper if no local newspaper exists. For decades the Prior Lake American had been the City's official newspaper. Unfortunately, the paper ceased to be published in 2024. Therefore, most public notices will be made on the City’s website. For those specific instances when a newspaper publication is still required, the City will utilize the Star Tribune. 2. Consider Approval of Official Bank for 2026: It is recommended that US Bank continue to be designated the City Official Bank through 2026 pursuant to the provision of the approved extension. (See Attachment 1 Banking Services Agreement.) 3. Local Board of Appeals and Equalization for 2026: No action is necessary unless the council wishes to resume this role. Otherwise, Scott County would continue to assume this role just as it does for all other Scott County communities. 4. Fiscal Consultant for 2026: The fiscal consultant advises the City Council about matters relating to the sale of bonds for capital projects. Northland Public Finance has acted as the City's Fiscal Consultant for more than twenty years. Staff recommends the reappointment of Tammy Omdal of Northland Public Finance for 2026. City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 5K Page | 2 5. Auditing Firm for 2026: Annual audits are required by law and conducted for the preceding year. On October 8, 2024, the city council approved a three-year contract with the firm of Malloy, Montague, Karnowski and Radosevich (MMKR) for the calendar years ending 2024-2026. The city continues to be satisfied with the high-quality auditing services that have been provided by MMKR. MMKR merged with LB Carlson effective January 1, 2025. The combined firms will conduct practice as LB Carlson. The City will continue to work with the same audit partner/team and there is no change in fees as we have a three-year contract in place. The services provided in the past will continue to be offered by the combined firm. 6. Emergency Management Director for 2026: Chief Duggan is recommending that he fill this role for 2026. 7. Health Officer for 2026: In 2012 Dr. Wilcox of Scott County was first named the City's health officer. The same is recommended for 2026. 8. Animal Control Officer for 2026: The City has historically contracted with 4 Paws to provide these services. A new contract with 4 Paws for 2026 is attached. 9. Weed Inspector: By statute, the mayor is the weed inspector and may delegate the function if desired. It is recommended that Parks/Streets Supervisor Greg Skluzacek be appointed for 2026. 10. Chamber of Commerce: Councilor Hellier served in 2025. Councilor Hellier is recommended for 2026. 11. City Council Liaisons: Through the City Council liaison program, Council members act as a communication conduit between the Council and an advisory body. The liaison position facilitates communication between the Council and the advisory body. It is a good way for Councilmembers to become familiar with the operations and issues facing our advisory bodies. Liaisons are not members of the committees. Served in 2025 Proposed in 2026 Community Engagement Committee Hellier Hellier Planning Commission Hellier Hellier 12. City Manager Evaluation Committee: The committee is responsible for working with the Assistant City Manager and the Council to complete the City Manager's annual evaluation. Councilors Churchill and Lake served in 2025. Councilors Churchill and Lake are recommended for 2026. 13. Economic Development Authority: Councilor Braid and Councilor Lake served on the EDA in 2025. The EDA Bylaws provide that, "all vacancies on the EDA shall be filled by the mayor and approved by the city council." The mayor’s recommendation is for Councilor Braid and Councilor Lake to serve in 2026. 14. ISD 719 Liaison: Mayor Briggs served in 2025. Mayor Briggs is recommended for 2026. 15. Minnesota Valley Transit Authority: Councilor Churchill served in 2025. Councilor Churchill is recommended for 2026. Item 5K Page | 3 16. Prior Lake Spring Lake Watershed District: Councilor Churchill served in 2025. Councilor Churchill is recommended for 2026. 17. SCALE Executive Committee: Councilor Lake served in 2025. Councilor Lake is recommended for 2026. 18. SCALE General Membership: Mayor Briggs and all other members of the City Council served in 2025. Mayor Briggs is recommended for 2026 together with all other members of the city council. 19. Scott & Carver County Mobility Board (Smart Link): Councilor Churchill served in 2025. Councilor Churchill is recommended for 2026. 20. Scott County Board: Councilor Braid and Councilor Churchill served in 2025. Councilor Braid and Councilor Churchill are recommended for 2026. 21. Transportation Advisory Board: Councilor Lake served in 2025. Councilor Lake is recommended for 2026. Councilor Hellier serves as the alternate in the event Councilor Lake is unable to attend a meeting. Mayor Specific Assignments 1. Intergovernmental Work Group: Mayor Briggs served in 2025. Mayor Briggs is recommended for 2026. 2. Municipal Legislative Commission (MLC): The MLC is made up of 19 member cities and the representatives at the quarterly meetings are the respective mayors and city managers. It is the mayor's role to attend these quarterly meetings. 3. Regional Council of Mayors: It is the mayor's role to attend these monthly meetings. 4. Shakopee Mdewakanton Sioux Community (SMSC): Mayor Briggs served in 2025. Mayor Briggs is recommended for 2026. As Needed Assignments 1. Acting Mayor for 2026: Acting Mayor has typically been the councilor with the greatest longevity with the City Council. The mayor is recommending Councilor Braid for 2026. 2. Annexation Representative: Councilor Braid served on the Annexation Task Force in 2025. With the completion of the 2024 Orderly Annexation Agreement (OAA) with Spring Lake Township, the Task Force was no longer needed in its previous form. However, as part of the new OAA the city will have an annual meeting with Spring Lake Township and there may be other items that need to be reviewed from time to time. Councilor Braid is recommended to fill that role for 2026. 3. Bylaws and Compensation Committee: Councilors Churchill and Lake served in 2025. Councilors Churchill and Lake are recommended for 2026. Item 5K Page | 4 4. City Manager Assigned Meetings: Mayor Briggs and all other members of the City Council served in 2025. Mayor Briggs is recommended for 2026 together with all other members of the city council. 5. Legislative Testimony at the State Capital: Mayor Briggs and all other members of the City Council served in 2025. Mayor Briggs is recommended for 2026 together will all other members of the city council. 6. Snowmobile Task Force: Councilor Braid served in 2025. Councilor Braid is recommended for 2026. 7. Special Assessment: Two members of the Council are to be appointed annually to serve on this committee. The committee assists the Council in the implementation of the Special Assessment Policy as it relates to annual public improvement projects. Councilors Churchill and Lake served in 2025. Councilors Churchill and Lake are recommended for 2026. The City Council should determine if, on balance, this is an appropriate mix of responsibilities for Council members which will both facilitate the optimum operation of our committees and input and education for our Council members. The agenda for every Prior Lake City Council Meeting includes an item for Councilmember Liaison Updates. Considering the amount of effort councilors go to attend these meetings and the importance of the information discussed at these meetings to the general public, the Mayor is asking that each councilor provide a brief (no more than two minutes) report regarding the meeting or meetings attended as a result of these assignments. The reports will become part of the official minutes. FINANCIAL IMPACT: Per meeting payments are budgeted and paid by the City to reimburse city councilors for attendance at these meetings. ALTERNATIVES: 1. Motion and second as part of the consent agenda to approve all appointments as presented or with amendments. 2. Motion and second to defer specific appointments for future consideration. ATTACHMENTS: 1. Banking Services Agreement 2. Animal Control Services Agreement 3. Council Liaison Appointments City Council Appointments & Meetings List 2026 Committee Type Meeting Date Location Time Staff/Contact Liaison Chamber of Commerce Board Meeting/Downtown Business Engagement EC 1st Wednesday Chamber Offices 8:30 AM Jason Wedel Ethan Hellier Community Engagement Committee AC 3rd Thursday Parkview 4:00 PM Lori Olson Ethan Hellier City Manager Evaluation TF Annually in Jan/Feb --Lori Olson Victor Lake Kimberly Churchill Economic Development Authority *Appointment concurrent with Council Term AC 2nd Monday Parkview 4:00 PM Casey McCabe Victor Lake Zach Braid ISD 719 Liaison EC Quarterly Rotates Jason Wedel Kirt Briggs Minnesota Valley Transit Authority EC 4th Wednesday Burnsville Bus Garage 4:30 PM Casey McCabe Kimberly Churchill Planning Commission AC 2nd & 4th Monday Chambers 6:00 PM Casey McCabe Ethan Hellier PLSLWD Work Session PLSLWD Meeting AC 3rd Tuesday 3rd Tuesday Wagon Bridge Chambers 4:30 PM 6:00 PM Kimberly Churchill SCALE Executive Committee EC 1st Friday Savage Fire Station 7:30 AM Jason Wedel Victor Lake SCALE General Membership EC 2nd Friday Link 7:30 AM Jason Wedel All Council Scott & Carver County Mobility Board (SmartLink)EC Quarterly Virtual 3:30 PM Jason Wedel Kimberly Churchill Scott County Board EC Quarterly City Hall -Jason Wedel Kimberly Churchill Zach Braid Scott County Housing Trust Fund Advisory Committee EC Annually Scott County CDA Jason Wedel Kimberly Churchill Transportation Advisory Board (TAB)EC 3rd Wednesday St. Paul 12:30 PM Jason Wedel Victor Lake Ethan Hellier Mayor Specific Assignments Meeting Date Location Time Staff/Contact Liaison Intergovernmental Work Group: Staff & Mayor EC 4th Tuesday As Needed SMSC Hocokata Ti 3:15 PM Jason Wedel Kirt Briggs 2nd Councilmember? Municipal Legislative Commission (MLC)EC Quarterly Rotates Amongst Cities Jason Wedel Kirt Briggs Regional Council of Mayors EC 2nd Monday Dorsey Whitney, Mpls. 11:30 AM Jason Wedel Kirt Briggs SMSC EC Quarterly TBD 7:30 AM Jason Wedel Kirt Briggs As Needed Assignments Meeting Date Location Time Staff/Contact Liaison Acting Mayor As Needed --Jason Wedel Zach Braid Annexation Task Force TF As Needed --Casey McCabe Nick Monserud Zach Braid Bylaws & Compensation TF As Needed --Jason Wedel Victor Lake David Kendall Kimberly Churchill City Manager Assigned Meetings As Needed Jason Wedel All Council Legislative Testimony at State Capital RWG As Needed Jason Wedel All Council Snowmobile Task Force TF As Needed --Jake Snyder Zach Braid Special Assessment RWG As Needed --Cathy Erickson Angela Gieseke Nick Monserud Kimberly Churchill Victor Lake TF - Task Force RWG - Research Work Group AC - Advisory Committee EC -Exterior Committee Animal Control Services Agreement 1 STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made on 1st day of January, 2026, between the City of Prior Lake, Minnesota (hereinafter "City"), whose business address is 4646 Dakota St. SE, Prior Lake, MN 55372, and 4 Paws Animal Control Services LLC a Minnesota corporation (hereinafter "Consultant") whose business address is 12361 Hillsboro Ave. Savage, MN 55378. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for professional services Consultant will provide in connection with the Animal Control Services hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services described in Exhibit “A” hereinafter “the Work.” 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A according to a schedule attached and identified as Exhibit B. 3. Compensation for Services. City agrees to pay the Consultant $2,400 for the services as described in Paragraph 1 (and Exhibit A). A. Any changes in the scope of the Work which may result in the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and with prior authorization in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants with prior authorization in writing by the City. 4. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work. 5. Method of Payment. The Consultant shall submit invoices to the City, on a monthly basis, itemized bills for professional services performed under Animal Control Services Agreement 2 Section 4 of this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. 6. Project Manager and Staffing. The Consultant has designated Scott Hutnik to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace Scott Hutnik, from the Project without the approval of the City. 7. Standard of Care. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Scott County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided. 9. Term. The term of this Agreement shall be from January 1, 2026 through December 31, 2026 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Termination. This Agreement may be terminated by either party by seven (7) days' written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. Animal Control Services Agreement 3 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the prior written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for in Exhibit A shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Animal Control Services Agreement 4 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. Animal Control Services Agreement 5 f. Additional Insured Endorsement(s), naming the “City of Prior Lake” as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. “Stop gap” coverage for work in those states where Workers’ Compensation insurance is provided through a state fund if Employer’s liability coverage is not available. i. Severability of Insureds provision. D. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies shall be written on an “occurrence” form (“claims made” and “modified occurrence” forms are not acceptable); b. All policies shall be apply on a “per project” basis; c. All policies shall contain a waiver of subrogation naming “the City of Prior Lake”; d. All policies shall name “the City of Prior Lake” as an additional insured; e. All policies shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. Animal Control Services Agreement 6 E. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Contractor, but any reuse of the Information by the City or the Contractor beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Animal Control Services Agreement 7 Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. 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 Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 24. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Prior Lake unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 25. Conflicts. No salaried officer or employee of the City and no member of the City Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 26. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 27. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. 28. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Executed as of the day and year first written above. Animal Control Services Agreement 8 City of Prior Lake Kirt Briggs, Mayor Jason Wedel, City Manager 4-Paws Animal Control Services LLC Scott Hutnik By: Its: AGREEMENT For Banking Services Between The City of Prior Lake and U.S. Bank AN AGREEMENT between THE CITY OF PRIOR LAKE (CITY) and U.S. BANK NATIONAL ASSOCIATION (U.S. Bank) made and entered into this 1st day of January 2026. In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City and U.S. Bank agree to amend the contract as follows: 1. U.S. Bank shall continue to provide depository and banking services as described in its proposal (The Proposal) dated October 14th 2009 in accordance with the RFP response between the CITY and U.S. Bank effective January 2010. 2. The services rendered by U.S. Bank shall continue for an additional year ending December 31st 2026. The agreement may be renewed for an additional year upon mutual agreement of the parties. 3. U.S. Bank and the CITY agree pricing will remain the same as agreed upon in the proposal dated October 14th 2009. All other pricing for services will be priced at consistent reduced levels for specific services. The City’s current ECR has a floor of 0.09%. Additional ECR rate, should Fed Funds increase, will be calculated by reference to the Fed Funds Target which is effective as of the first day of the next full month. 0.45% of the excess of the actual Fed Funds Target (top of range) will be added to 0.70% to arrive at the final ECR for that month for 2026. Example: If TFF is raised 0.45%, the ECR would increase 0.1125%. During the life of the contract, the ECR will not be higher than 1%. 4. U.S. Bank and the CITY both have the right to modify or exit the contract within 60 days given written notice. 5. U.S. Bank and the CITY agree that all of the terms and conditions of the original agreement shall remain in full force and effect during the contract unless the agreement is amended by mutual consent. Approved: U.S. BANK NATIONAL ASSOCIATION CITY OF PRIOR LAKE, MN By: _Blendi Rezniqi____________ By: __________________________