1.2relating to stadiums; eliminating certain not public data classifications related to
1.3the Minnesota Sports Facilities Authority; amending Minnesota Statutes 2012,
1.4sections 473J.09, subdivision 4; 473J.11, subdivision 1; 473J.15, subdivisions
1.56, 9.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2012, section 473J.09, subdivision 4, is amended to read:
1.8    Subd. 4. Data practices; open meetings. Except as otherwise provided in this
1.9chapter, The authority is subject to chapters 13 and 13D.

1.10    Sec. 2. Minnesota Statutes 2012, section 473J.11, subdivision 1, is amended to read:
1.11    Subdivision 1. Contracts. (a) The design, development, and construction of the
1.12stadium shall be a collaborative process between the authority and the NFL team. The
1.13authority and the NFL team shall establish a process to reach consensus on key elements
1.14of the stadium program and design, development, and construction.
1.15(b) Unless the authority and the NFL team agree otherwise:
1.16(1) the authority shall create a stadium design and construction group, including
1.17representatives of the authority and the NFL team, to manage the design of the stadium
1.18and oversee construction;
1.19(2) this group shall engage an owner's representative to act on behalf of the group.
1.20The cost of the owner's representative shall be a stadium cost; and
1.21(3) the authority and the NFL team shall enter into a development administration
1.22agreement providing for rights and responsibilities of the authority and the NFL team, the
1.23design and construction group, and the owner's representative for design and construction
1.24of the stadium, including, but not limited to, establishment of minimum design standards.
2.1This development administration agreement shall provide for binding arbitration in
2.2the event that the authority and the NFL team are unable to agree on minimum design
2.3standards or other material aspects of the design.
2.4(c) The authority may enter into an agreement with the NFL team and any other
2.5entity relating to the design, construction, financing, operation, maintenance, and use of
2.6the stadium and related facilities and stadium infrastructure. The authority may contract
2.7for materials, supplies, and equipment in accordance with section 471.345, except that
2.8the authority may employ or contract with persons, firms, or corporations to perform one
2.9or more or all of the functions of architect, engineer, construction manager, or program
2.10manager with respect to all or any part of the design, construction, financing, operation,
2.11maintenance, and use of the stadium and stadium infrastructure under the traditional
2.12separate design and build, integrated design-build, construction manager at risk, or
2.13public/private partnership (P3) structures, or a combination thereof.
2.14To the extent practicable, the agreement must provide that at least 25 percent of the
2.15materials, supplies, and equipment used in the construction, operation, maintenance, and
2.16use of the stadium and related facilities and stadium infrastructure, other than the material
2.17subject to section 473J.15, subdivision 11, paragraph (c), must be made or produced
2.18by Minnesota businesses.
2.19(d) The authority and the NFL team shall prepare a request for proposals for one or
2.20more of the functions described in paragraph (c). The request must be published in the
2.21State Register and shall include, at a minimum, such requirements that are agreed to by
2.22the authority and the NFL team. The authority and the NFL team may prequalify offerors
2.23by issuing a request for qualifications, in advance of the request for proposals, and select a
2.24short list of responsible offerors prior to discussions and evaluations.
2.25(e) As provided in the request for proposals, the authority, and the NFL team, may
2.26conduct discussions and negotiations with responsible offerors in order to determine
2.27which proposal is most advantageous to the authority and the NFL team and to negotiate
2.28the terms of an agreement. In conducting discussions, there shall be no disclosure of any
2.29information derived from proposals submitted by competing offerors and the content of all
2.30proposals is nonpublic data under chapter 13 until such time as a notice to award a contract
2.31is given by the authority. The agreement shall be subject to the approval of the NFL team.
2.32(f) Prior to the time the authority enters into a construction contract with a
2.33construction manager or program manager certifying a maximum price and a completion
2.34date as provided in paragraph (h), at the request of the NFL team, the authority may
2.35authorize, such authorization not to be unreasonably withheld or delayed, the NFL team
2.36to provide for management of the construction of the stadium and related stadium
3.1infrastructure, in which event the NFL team must assume the role and responsibilities
3.2of the authority for completion of construction in a manner consistent with the agreed
3.3minimum design standards and design documents, subject to the terms of Laws 2012,
3.4chapter 299, including responsibility for cost overruns.
3.5(g) For each contract for supplies, materials, labor, equipment, or services for
3.6the construction of the stadium or infrastructure, the construction manager or program
3.7manager shall require: (1) that the contract specify a guaranteed maximum price; and (2)
3.8if the amount charged under the contract is less than the guaranteed maximum price, the
3.9authority shall pay as follows: (i) one-half of the difference to the contract holder; and (ii)
3.10one-half of the difference to the state for transfer to the authority for capital reserves.
3.11(h) The construction manager or program manager may enter into contracts with
3.12contractors for labor, materials, supplies, and equipment for the construction of the
3.13stadium and related stadium infrastructure through the process of public bidding, except
3.14that the construction manager or program manager may, with the consent of the authority
3.15or the NFL team if the NFL team has assumed responsibility for construction:
3.16(1) narrow the listing of eligible bidders to those which the construction manager
3.17or program manager determines to possess sufficient expertise to perform the intended
3.18functions;
3.19(2) award contracts to the contractors that the construction manager or program
3.20manager determines provide the best value under a request for proposals as described in
3.21section 16C.28, subdivision 1, paragraphs (a), clause (2), and (c), which are not required
3.22to be the lowest responsible bidder; and
3.23(3) for work the construction manager or program manager determines to be critical
3.24to the completion schedule, award contracts on the basis of competitive proposals, or
3.25perform work with its own forces without soliciting competitive bids if the construction
3.26manager or program manager provides evidence of competitive pricing.
3.27(i) The authority and the NFL team shall require that the construction manager
3.28or program manager certify, before the contract is signed, a guaranteed maximum
3.29construction price and completion date to the authority and post a performance bond in an
3.30amount at least equal to 100 percent of the certified price or such other security satisfactory
3.31to the authority, to cover any costs which may be incurred in excess of the certified price
3.32including, but not limited to, costs incurred by the authority or loss of revenues resulting
3.33from incomplete construction on the completion date. The authority may secure surety
3.34bonds as provided in section 574.26, securing payment of just claims in connection with
3.35all public work undertaken by the authority. Persons entitled to the protection of the
3.36bonds may enforce them as provided in sections 574.28 to 574.32 and are not entitled to a
4.1lien on any property of the authority under the provisions of sections 514.01 to 514.16.
4.2The construction of the stadium is a project as that term is defined in section 177.42,
4.3subdivision 2, and is subject to the prevailing wage law under sections 177.41 to 177.43.
4.4The authority's contract with the construction manager or program manager shall provide
4.5that if the construction manager's or program manager's fees charged under the contract
4.6are less than the guaranteed maximum price, the authority shall pay: (1) one-half of the
4.7difference to the contract holder; and (2) one-half of the difference to the state for transfer
4.8to the authority for capital reserves. Costs or fees above the agreed guaranteed maximum
4.9price shall be the responsibility of the construction manager or program manager.

4.10    Sec. 3. Minnesota Statutes 2012, section 473J.15, subdivision 6, is amended to read:
4.11    Subd. 6. Enforceable financial commitments. The authority must determine before
4.12stadium construction begins that all public and private funding sources for construction,
4.13operating expenses, and capital improvements and repairs of the stadium are included in
4.14written agreements. The committed funds must be adequate to design, construct, furnish,
4.15and equip the stadium, and pay projected operating expenses and the costs of capital
4.16improvements and repairs during the term of the lease or use agreement with the NFL
4.17team. The NFL team must provide the authority access to NFL team financial or other
4.18information, which the authority deems necessary for such determination. Any financial
4.19information obtained by the authority under this subdivision is nonpublic data under
4.20section 13.02, subdivision 9.

4.21    Sec. 4. Minnesota Statutes 2012, section 473J.15, subdivision 9, is amended to read:
4.22    Subd. 9. Authority's access to NFL team financial information. A notice
4.23provision for a material breach shall be agreed to between the authority and the NFL team.
4.24In the event there is a material breach by the NFL team under the lease or use agreement,
4.25the lease or use agreement must provide the authority access to audited financial statements
4.26of the NFL team and other financial information that the authority deems necessary to
4.27enforce the terms of any lease or use agreements. Any financial information obtained by
4.28the authority under this subdivision is nonpublic data under section 13.02, subdivision 9.

4.29    Sec. 5. EFFECTIVE DATE.
4.30Sections 1 to 4 are effective the day following final enactment.