NOTICE OF COMMISSION MEETING

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1 MADISON METROPOLITAN SEWERAGE DISTRICT 1610 Moorland Road Madison, WI Telephone (608) Fax (608) D. Michael Mucha, P.E. Chief Engineer & Director COMMISSIONERS Caryl E. Terrell President Thomas D. Hovel Vice-President Ezra J. Meyer Secretary John E. Hendrick Commissioner Topf Wells Commissioner NOTICE OF COMMISSION MEETING PLEASE TAKE NOTICE that there will be a regular meeting of the Commission of the Madison Metropolitan Sewerage District at 8:00 a.m., on Thursday, August 15, 2013 in the Commission Room of the Operations Building at 1610 Moorland Road, Madison, Wisconsin The Commission will consider and may take action on the matters set forth on the attached Agenda. If any matter on the Agenda is to be considered in closed session of the Commission, please be advised that following the closed session the Commission will reconvene into open session for purposes of concluding its Agenda. Date: August 12, 2013 D. Michael Mucha, P.E. Chief Engineer and Director Any person who has a qualifying disability as defined by the Americans with Disabilities Act that requires the meeting or materials at the meeting to be in an accessible location or format must contact the Director at , 1610 Moorland Road, Madison, Wisconsin, at least twenty-four hours prior to the commencement of the meeting so that any necessary arrangements can be made to accommodate each request. 1. Opening (8:00 AM 8:05 AM) A. Call to Order B. Welcome guests and visitors C. Announcements *Introduction of new Building and Grounds employee Matt Zwolanek 2. Appearances by the Public (8:05 AM 8:06 AM) 3. Consent Calendar (8:06 AM 8:10 AM) Approval of Commission Meeting Minutes from Approval of Cash Statement-Operating Fund Approval of Cash Statement-Capital Projects Fund Click Here: Monthly Credit Card Listing 4. Review and Approval of Sewer Extension Plans (8:10 AM 8:20 AM) Sauser Click Here: Commission Agenda Report The Community of Bishops Bay, The Back Nine-Phase II, City of Middleton Hawks Woods Estates, City of Madison

2 5. Review and Approval of Memorandum of Agreement with UW Madison to Investigate Nutrient Removal with Low Dissolved Oxygen Conditions (8:20 AM 8:35 AM) Nehm & Counsel Click Here: Commission Agenda Report Click Here: Option 1 Memorandum Agreement Click Here: Option 2 Memorandum of Agreement 6. Oral Reports and Updates (8:35 AM 8:50 AM) Staff A. Capital Projects Update-Simon B. CARPC Update C. Chief Engineer and Director Report-Mucha Meeting Schedule as of 8/12/13 7. Future Agenda Topics (8:50 AM 8:52 AM) Commission 8. Other Business Allowed by Law (8:52 AM 8:54 AM) Commission 9. Adjournment (8:54 AM 8:55 AM) Commission

3 Meeting of the Commissioners of the Madison Metropolitan Sewerage District Thursday, July 25, :00 a.m. MMSD Commission Board Room, 1610 Moorland Road, Madison, WI Present: Commissioner Caryl Terrell Commissioner Tom Hovel Commissioner Ezra Meyer (8:03) Commissioner Topf Wells Commission Meeting Call to order: Commissioner Terrell called the meeting to order at 8:00 a.m. 1. Opening A. Welcome Guests 1. Mike Dailey, City of Madison B. Announcements None. 2. Appearances by the Public None. 3. Consent Calendar Discussion: The Commission Meeting Minutes of July 11. Action: Commissioner Wells moved, seconded by Commissioner Hovel that the Commission approve the Consent Calendar. Motion carried unanimously. 4. Review & Approval of Sewer Extension Plans Presenter: Curt Sauser, Engineering Technician

4 Description: The following sewer extension plans were reviewed and placed on file: Brookside at Pleasant Valley, Village of Waunakee Cardinal Glenn Phase 8, City of Madison Action: Commissioner Wells moved, seconded by Commissioner Meyer that the following resolutions be adopted: Attachment: R1 Brookside at Pleasant Valley, Village of Waunakee Attachment: R2 Cardinal Glenn-Phase 8, City of Madison Motion carried unanimously. 5. Approval of Space Needs Study and Recommendations Presenters: Tim Stieve, Project Engineer 1 Description: Mr. Stieve was available for questions or concerns regarding this previously studied project. Discussion: Staff previously presented the Space Needs Study and related recommendations. Option 1, the preferred option, is a phased approach with construction of Phase 1, a new maintenance facility (roughly 37,800 square feet), followed by Phase 2, modifications in Shop 1 and the Operations Building. Phase 3, further addition on the new maintenance facility and demolition of two buildings, would be deferred indefinitely. Action: After discussion, Commissioner Wells made a motion, seconded by Commissioner Hovel, that the Space Needs Study and the recommendation of a phased approach per Option 1 be approved and that staff be authorized to retain an Architect to proceed with Phase 1 and 2 design, later examining Phase 2 to potentially bid it as an alternate with Phase 1 construction. Motion carried unanimously. 6. Phosphorus Management Strategy Presenter: Dave Taylor, Director of Special Projects Description: Update on Phosphorus Management Activities Discussion: David Taylor, the Director of Special Projects, provided an update on the proposed addition of Badfish Creek to the 303(d) list of impaired waters and the potential impact on decisions related to the transitioning from the adaptive management pilot project to a full scale adaptive management project. District staff will be meeting with DNR and EPA Region 5 staff to discuss concerns related to the proposed listing and identify possible options to address those concerns. Mr. Taylor

5 also provided a brief update on general adaptive management concepts and identified some risk management questions that need to be considered when selecting a long term phosphorus management strategy. Action: None. 7. Oral Reports and Updates Topic: Operations Report Presenter: Paul Nehm, Director of Operations and Maintenance Report/Update: Mr. Nehm presented the operations data for June. Flows to the plant were higher than normal due to several heavy rain events. Treatment quality has been excellent. Nehm noted that treated effluent continued to be pumped back from the lagoons to the treatment plant. The 11 th Addition facilities that have been placed in service are performing as expected. Recycling of Metrogro to wheat fields is expected to begin in early August. In response to a question from Commissioner Wells, Nehm described the activities that are underway to comply with the District s air permit. Action: None Topic: Commission Discussion-CARPC Update Presenter: Commission Report/Update: No report. Action: None. Topic: Director s Report Presenter: Mike Simon, the Assistant Chief Engineer & Director Report/Update: Mike Simon, the Assistant Chief Engineer & Director, provided the Commission with an update on follow-up to the June 26 storm event. Commissioner Terrell provided an update on the District governance issue including Commissioner Meyer and her attendance at the Madison Common Council Meeting and her follow-up communications with one of the City of Madison alders. She also stated that Mr. Simon had provided information on the Affordability Index, a topic that had surfaced during review of the Capital Improvement Plan. Action: None. 8. Future Agenda Topics Action: None. 9. Other Business Allowed by Law Action: None. 10. Adjournment

6 Action: Commissioner Wells moved, seconded by Commissioner Meyer that the Commission meeting be adjourned. Motion carried unanimously. Regular Meeting of the Commissioners July 25, 2013 Ezra J. Meyer, Secretary Future Meetings: Thursday, August 15, :00 a.m. Regular Commission Meeting Thursday, August 29, :00 a.m. -Regular Commission Meeting & Study Session Thursday, September 12, :00 a.m. Regular Commission Meeting

7 Attachment: R1 RESOLUTION NO: 1 WHEREAS, plans for sanitary sewer extensions were submitted to the Madison Metropolitan Sewerage District (MMSD) for Brookside at Pleasant Valley, Village of Waunakee, on July 12, 2013, by Timothy Schleeper, Vierbicher Associates, and WHEREAS, the project consists of installing 354 feet of 8-inch PVC sanitary sewer on Parkview Circle, South Meadowbrook Lane and within a sanitary sewer easement to serve the residential subdivision, and WHEREAS, the proposed sanitary sewer extensions will connect to the Village of Waunakee s sewerage facilities and MMSD s Northeast Interceptor/Waunakee-DeForest Extension, and WHEREAS, the lands to be immediately served are Lots 1-9 of the unrecorded plat of Brookside at Pleasant Valley, and WHEREAS, the unrecorded subdivision plat document has identified Outlots 1 and 2 as being dedicated to the public for stormwater purposes. These outlots have also been recognized by the Capital Area Regional Planning Commission as being in the environmental corridor, and WHEREAS, a proposed 75-foot wetland setback affects Lots 1-5 of the unrecorded plat document, and WHEREAS, interceptor and treatment plant connection charges for the lands to be served have not been paid, and WHEREAS, plan review fees are due, and WHEREAS, the MMSD has received a sewer extension review letter # from the Capital Area Regional Planning Commission (CARPC) dated July 24, 2013 stating the CARPC staff has reviewed the proposed extension and determined that it is consistent with the urban service area provisions of the Dane County Water Quality Plan and the Dane County Land Use and Transportation Plan, and WHEREAS, the Chief Engineer and Director of MMSD has recommended the approval of said plans, THEREFORE, BE IT RESOLVED, that the plans for sanitary sewer extensions for Brookside at Pleasant Valley, Village of Waunakee, submitted on July 12, 2013, by Timothy Schleeper, Vierbicher Associates, be approved subject to the following conditions: 1. That Village of Waunakee shall pay the plan review fee of $1, to the MMSD within 30 days of receiving an invoice for the fee.

8 2. That sewer connection fees for Outlots 1-2 and for lands within the 75-foot wetland setback on Lots 1-5 of the unrecorded plat of Brookside at Pleasant Valley are deferred. 3. That prior to the installation of the proposed sanitary sewer extensions and connection to the public sewerage system, the Village of Waunakee shall have paid to the MMSD the sum of $6, for payment of $4, in Northeast Interceptor/Waunakee- DeForest extension connection charges and $1, in treatment plant connection charges for the lands to be served, said lands being Lots 1-9 unrecorded plat of Brookside at Pleasant Valley, except that area of Lots 1-5 within the proposed 75-foot wetland setback. 4. That if information shown on the final, recorded plat of Brookside at Pleasant Valley differs from the unrecorded plat submitted to MMSD for approval, additional MMSD interceptor and treatment plant connection charges may be due. 5. That interceptor and treatment plant connection charge rates are adjusted at the beginning of each calendar year and said connection charges will be due based on the rate for the year in which the payment is made. 6. That if said interceptor and treatment plant connection charges remain unpaid after connection of the said sewer extensions to sewers within the public sewerage system, appropriate interest on the unpaid balance shall be charged to the Village of Waunakee by the MMSD. 7. That the Village of Waunakee shall require the presence of an engineer or an inspector on the construction of said sewer extensions who shall make a record showing in detail the construction as built and shall furnish the MMSD with as-built plans in the case of any significant deviations from the original design. 8. That the construction, operation, maintenance and use of said sewer extensions shall be in accordance with the lawful rules and regulations of the MMSD and with the applicable State of Wisconsin plumbing and sewerage codes. 9. That if construction of the sewer extensions covered by said plans has not commenced within four years following the approval date of this resolution, this approval shall become void and new plans shall be submitted. If construction has commenced but has not been completed within the four-year approval period, the unbuilt portion must be submitted for reapproval if it is a significant portion of the project and would require DNR approval. The above resolution was adopted by the Commissioners of the Madison Metropolitan Sewerage District at their meeting held in the District office on July 25, 2013.

9 Attachment: R2 RESOLUTION NO: 2 WHEREAS, plans for sanitary sewer extension were submitted to the Madison Metropolitan Sewerage District (MMSD) for the Cardinal Glenn Phase 8, City of Madison, on July 11, 2013 by Mark Moder, City Engineering Division, and WHEREAS, the project consists of installing 401 feet of 8-inch PVC sanitary sewer on Harvest Moon Lane and Stone Arbor Trail to serve Phase 8 of the residential subdivision, and WHEREAS, the lands to be served are Lots 1-11, and of the plat of Cardinal Glenn, and WHEREAS the sewer extension shall connect to the City of Madison s sewerage facilities and MMSD s Lower Badger Mill Creek Interceptor, and WHEREAS, plan review fees are due, and WHEREAS, interceptor and treatment plant connection charges for the lands to be served have not been paid, and WHEREAS, MMSD has received a sewer extension review letter # from the Capital Area Regional Planning Commission dated July 11, 2013 stating the Regional Planning Commission staff has determined that the sewer extension plans are consistent with the urban service area provisions of the Dane County Water Quality Plan and Dane County Land Use and Transportation guide, and WHEREAS, the Chief Engineer and Director of MMSD has recommended the approval of said plans, THEREFORE, BE IT RESOLVED, that the plans for sanitary sewer extensions for Cardinal Glenn Phase 8, City of Madison, submitted on July 11, 2013, by Mark Moder, City Engineering Division, be approved subject to the following conditions: 1. That City of Madison shall pay the plan review fee of $1, to the MMSD within 30 days of receiving an invoice for the fee. 2. That prior to connection of sewers serving said lands to the public sewerage system, the City of Madison shall have paid to MMSD the sum of $16, for payment of $14, in Lower Badger Mill Creek Interceptor connection charges and $1, in treatment plant connection charges; said lands being Lots 1-11, and of the plat of Cardinal Glenn.

10 3. That interceptor and treatment plant connection charges are adjusted at the beginning of each calendar year and said connection charges will be due based on the rate for the year in which the payment is made. 4. That, if said interceptor and treatment plant connection charges for the lands to be served remain unpaid after connection of the said sewer extensions to sewers within MMSD s system, appropriate interest on the unpaid balance shall be charged to the City of Madison by MMSD. 5. That the City of Madison shall require the presence of an engineer or an inspector on the construction of said sewer extensions, who shall make a record showing in detail the construction as built, and shall furnish MMSD with as-built plans in the case of any significant deviations from the original design. 6. That the construction, operation, maintenance and use of said sewer extensions shall be in accordance with the lawful rules and regulations of MMSD and with the applicable State of Wisconsin plumbing and sewerage codes. 7. That if construction of the sewer extensions covered by said plans has not commenced within four years following the approval date of this resolution, this approval shall become void and new plans shall be submitted. If construction has commenced but has not been completed within the four-year approval period, the unbuilt portion must be submitted for reapproval if it is a significant portion of the project and would require DNR reapproval. The above resolution was adopted by the Commissioners of the Madison Metropolitan Sewerage District at their meeting held in the District office on July 25, 2013.

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21 ANCHOR BANK CREDIT CARD CHARGES Billing dates 6/14/2013-7/15/2013 DATE PO # VENDOR DESCRIPTION REQUESTOR AMOUNT ACCOUNT NUMBERS 6/30/ LinkedIn.com June mo. business subscription for recruiting Jenni Peters H00025 multiple State of Wisconsin Backflow preventer registration fees /14/ L-Com Global Connectivity Adapter Electrical Dept E /13/ City of Madison Downtown parking fee Dave Taylor P /27/ Amazon.com LED bulbs N /13/ Amazon.com Standard Methods for the Examination of waters and wastes Lab L /14/ Heidel House Years of Service Award A /14/ Lowes Years of Service Award A /14/ Menards Years of Service Award A /14/ Mounds Years of Service Award A /14/ Sardine Restaurant Years of Service Award A /14/ Overture Center Years of Service Award A /14/ Piggy Wiggly Years of Service Award A /15/ Wal-Mart Years of Service Award A /17/ PDQ Years of Service Award A /17/ Maurices Years of Service Award A /17/ Dick's Sporting Goods Years of Service Award A /17/ Gander Mountain Years of Service Award A /18/ Orvis Years of Service Award A /19/ Target Years of Service Award A /12/ City of Madison Parking fee re UW seminar Jenni Peters H /12/ Za's Italian Café Attendance at UW seminar Jenni Peters H /15/ City of Madison Parking fee re ASCE event (reimbursed) Michael Mucha C /15/ PDQ Rental van fuel re ASCE event (reimbursed) Michael Mucha C /17/ Enterprice Rent-a-Car Van rental for ASCE event (reimbursed) Michael Mucha C /18/ Panera Community meeting on chlorides supplies Bruce Borelli C /19/ Amazon.com Tablet and laptop accessories IT Dept G /21/ WI State Farmer Annual subscription renewal Mike Northouse R /21/ City of Madison Parking fee re City meeting Dave Taylor P /25/ Food Fight Restaurants Pharmaceuticals in effluent, influent and biosolids project Dave Taylor C /25/ Milio's Process Control System meeting Matt Allen N /25/ DropBox.com Document sharing software upgrade C /25/ City of Madison Parking fee re City of Madison ethics training Michael Mucha C /26/ TechSmith Corp Snagit electronic version IT Dept G /26/ UW Union South Room rental for ASCE event (reimbursed) Michael Mucha C /27/ Wal-Mart Legal Services interview panel supplies C /28/ Panera Legal Services interview panel lunch C /1/ Wal-Mart Office and event supplies C /2/ City of Madison Parking fee re meeting with Axley Michael Mucha C00724

22 7/2/ Subway Employee recognition re storm high-water event Michael Mucha C /9/ Bill's Food Center Years of Service presentation meeting A /9/ Jobs In Madison.com Reliability Engineer job posting ad H /10/ NACWA SIM position job posting ad H /11/ American Public Works Assn SIM position job posting ad H /19/ Farm and Fleet Sawzall reciprocating saw B & G B /24/ Dura-Bar PS 16 pump mechanical seal holder Mech Dept M /24/ Sears Tools B & G B /24/ Star Inc. Antenna tower parts for Redan Drive pumping station 1, E /27/ WEFTEC Conference registration - Monty Baker - Chicago, October 2013 Lab L /25/ Sears Socket accessory set B & G B /26/ Wal-Mart Wellness Event N /28/ Landmark Services Diesel fuel for portable emergency generators N /3/ Amazon.com Uninterruptible power supplies E /23/ Delta Airlines Aifare to Cincinnati re NACWA Policy Forum - July Dave Taylor P /26/ Menards Supplies to sandbag lagoon during high-water event Dave Taylor R /27/ Panera Meeting expense Dave Taylor P /14/ Delta Airlines Baggage fee Dave Taylor P00024 $ 10,723.57

23 MADISON METROPOLITAN SEWERAGE DISTRICT 1610 Moorland Road Madison, WI Telephone (608) Fax (608) D. Michael Mucha, P.E. Chief Engineer & Director COMMISSIONERS Caryl E. Terrell President Thomas D. Hovel Vice-President Ezra J. Meyer Secretary John E. Hendrick Commissioner Topf Wells Commissioner Lead Staff: Curt Sauser, Engineering Technician Commission Agenda Report Meeting of August 15, 2013 Sewer Extensions Requested Action: Request a motion to approve 2 sewer extensions: A. The Community of Bishops Bay, The Back Nine - Phase II, City of Middleton B. Hawks Woods Estates, City of Madison Financial Impact, Background, Analysis and Options: To be presented at commission meeting Next Steps Upon commission approval, MMSD will forward plans to DNR for consideration of approval.

24 MADISON METROPOLITAN SEWERAGE DISTRICT 1610 Moorland Road Madison, WI Telephone (608) Fax (608) D. Michael Mucha, P.E. Chief Engineer & Director COMMISSIONERS Caryl E. Terrell President Thomas D. Hovel Vice-President Ezra J. Meyer Secretary John E. Hendrick Commissioner Topf Wells Commissioner Commission Agenda Report August 15, 2013 Meeting Approval of Memorandum of Agreement with UW-Madison to Investigate Nutrient Removal with Low Dissolved Oxygen Conditions Lead Staff: Dan Hardy - Counsel Paul Nehm- Director of Operations and Maintenance Requested Action: Approval of Memorandum of Agreement with UW-Madison to investigate nutrient removal with low dissolved oxygen conditions. Attachments: Option 1 and 2 versions of a Memorandum of Agreement Between Madison Metropolitan Sewerage District and The Board of Regents of the University of Wisconsin Financial Impact: The 2013 budget includes $60,000 for research related to heat and energy management. This account would be used to fund the $50,000 cost for In 2014 the budget for this project would be $100,000. The 2015 budget would contain $65,000 for this project. Background: At the July 25, 2013, meeting of the Commission, the Commissioners approved entering into an agreement with the University of Wisconsin-Madison for a research project to be conducted by Prof. Dan Noguera. However, the Commissioners questioned whether the District would share in any revenue stream that may be generated as a result of the project. Attorney Hardy recommended that he review the agreement and discuss this question with UW officials before the agreement is signed. The Commission agreed with this suggestion. Analysis and Options Attorney Hardy and Paul Nehm had a discussion with Ms. Tamara Kuhn Martin, Research Administrator for the College of Engineering Research Services Office, and Ms. Deanna Dietrich, Associate Dean for Research and

25 Policy Administration. Attorney Hardy stated that the District has two concerns. The District does not want to pay for a patent if the research demonstrates a process that would be beneficial to the District. Secondly, to demonstrate wise use of District ratepayer s money, the District s Commissioners are interested in sharing in any revenues that may be created as a result of this research. Ms. Dietrich stated that WARF never shares royalties. While the District is putting up a significant sum of money for the research project, we were told that the money the District will spend does not cover all of the costs or the value contributed by the University, Professor Noguera, or the graduate students. Additionally, the research project involves previous research projects which makes allocating benefits very difficult. If the sponsor wants any benefit, it must be done through a licensing arrangement. The agreement with the UW could state that the District reserves the first right of refusal to purchase a license if a patent is developed. The first option could be exclusive so the District could sublicense the patent in which case it could be expensive or the license could be limited to the District (and the cost could be expected to be in the $25,000 to $50,000). We were advised that WARF does not create patents in the public domain. As an alternative, Ms. Dietrich suggested including language that would provide an option to negotiate a license if the process is patented. It was noted that by Dan Noguera and his students publishing the results of the project, it would be difficult for someone else to patent whatever process is developed. The difficulty of defending a patent was also discussed. Option 1 The Commission approves the Option 1 version of the memorandum of agreement. This option grants the District an option to negotiate a royalty-bearing license. This is the preferred option. Option 2 The Commission approves the Option 2 version of the memorandum of agreement on the condition that if a patentable process came about as a result of the research project, the District receives a license to use the process for its sole purposes and not for remarketing without any additional cost. Option 3 The Commission decides not to fund the project. District staff feels this would result in a loss of an opportunity to learn if this process could help the District achieve its goal of energy independence. Next Steps 1. If Option 1 or 2 is chosen, a Memorandum of Agreement will be executed. Dr. Noguera will have a student begin to renovate the District s pilot plant.

26 MEMORANDUM OF AGREEMENT BETWEEN MADISON METROPOLITAN SEWERAGE DISTRICT AND THE BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN AND JOINED IN BY THE UNIVERSITY ALUMNI RESEARCH FOUNDATION (Agreement to Negotiate) Option 1 The MADISON METROPOLITAN SEWERAGE DISTRICT, ( DONOR ) of 1610 Moorland Road, Madison, Wisconsin, hereafter referred to as the DONOR, desires to provide funds for support of research on wastewater treatment project (the Project ). The DONOR desires to obtain the opportunity to use any patents that may arise from or associated with the research which is to be conducted pursuant to the Project. The Wisconsin Alumni Research Foundation ( WARF ) joins in this agreement for purposes of confirming DONOR s opportunities to secure any such patents. For this purpose, it is mutually agreed by the DONOR and THE BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM (the UNIVERSITY ) as follows: (1) The Project will be under the administration of the Engineering Experiment Station, The University of Wisconsin Madison, and will be conducted under the supervision of Professor Daniel R. Noguera, Department of Civil and Environmental Engineering, The University of Wisconsin Madison. (2) The DONOR will place at the disposal of the UNIVERSITY the sum of $215,000 over the calendar years. This agreement shall be effective as of August 1, (3) Payments will be made upon presentation of quarterly invoices. Payment will be to the UNIVERSITY OF WISCONSIN and will be sent to the Director, Research & Sponsored Programs, The University of Wisconsin, 442 A.W. Peterson Building, 750 University Avenue, Madison, Wisconsin (4) The UNIVERSITY will keep these funds separate in an account to be called MMSD LowDO Nutrient Removal and use them to employ competent research workers to carry on the research referred to above, to purchase necessary supplies and equipment, and to defray travel and other necessary expenses. (5) The UNIVERSITY will furnish laboratory facilities and such usual equipment as is required for the work on this project insofar as the facilities of the UNIVERSITY permit. (6) Upon the termination of this agreement, any equipment, material, or supplies remaining in stock will become the property of the UNIVERSITY unless it has been accepted on a loan basis for use in the project by prior agreement. (7) The Program Director will render, upon completion of the Project, suitable reports on the work accomplished, with the understanding that the UNIVERSITY, in accepting these funds for the purpose herein stated, intends that they shall be used for the promotion of scientific knowledge in the field referred to; that the results of such research shall be made public, through publication or otherwise, in any manner that the UNIVERSITY may deem desirable, keeping in mind that the public interest or welfare shall be dominant. Prior to publication by the UNIVERSITY, the results of these investigations are not to be used for sales promotion except by previous consent of the UNIVERSITY. When the results of the research are published, the UNIVERSITY agrees to make acknowledgment of the aid received from the DONOR (8) Right to Negotiate. (a) WARF grants to DONOR an option to negotiate a (non)exclusive royalty-bearing license under any one or more of the future patents in the Licensed Field. Such options shall terminate, with respect to a specific disclosed Future Patent, ninety (90) days after WARF has given written notification to DONOR that WARF has filed a patent application on an invention of a Future Patent; or, with respect to all Future Patents, ninety (90) days after this Agreement terminates, whichever period is shorter. WARF shall promptly notify DONOR of any Future Patents by providing DONOR with a copy of the relevant patent application without claims. (b) Exercise of an option granted hereunder shall be by written notification to WARF. Such notification must include a Development Plan. A failure by DONOR to timely notify WARF shall be deemed a waiver of DONOR s option(s). Upon the exercise by DONOR of an option hereunder, WARF and DONOR shall promptly enter into good faith negotiations with respect to a license agreement. WARF and DONOR shall have ninety (90) days from the date that WARF receives notice to negotiate such a license. If WARF and DONOR fail to enter a license within such time period, the option granted in this Agreement shall terminate, unless extended by a written agreement signed by both parties.

27 As used in this Section 8: 1. Development Plan shall mean a summary overview of the activities believed necessary to commercialize an invention of Future Patents similar in scope to the outline set forth in Appendix Future Patents shall be limited to any United States patent or patent application arising out of any invention which is conceived and reduce d to practice under and during the course of the Research Program and which is assigned to WARF by the Principal Investigator or Researchers. 3. Licensed Field shall be limited to the field of wastewater treatment. The above memorandum has been presented to THE BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM and accepted by them on, and is declared effective upon (Date) the signatures of the Director of Research & Sponsored Programs of THE UNIVERSITY OF WISCONSIN and the Dean of the College of Engineering for THE UNIVERSITY OF WISCONSIN MADISON, and the proper officials for the MADISON METROPOLITAN SEWERAGE DISTRICT. Date Dean of the College of Engineering Date Director, Research Administration Financial Date Chief Engineer & Director, Madison Metropolitan Sewerage District WISCONSIN ALUMNI RESEARCH FOUNDATION By: Leigh Cagan, Chief Technology Commercialization Officer Date:

28 MEMORANDUM OF AGREEMENT BETWEEN MADISON METROPOLITAN SEWERAGE DISTRICT AND THE BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN AND JOINED IN BY THE UNIVERSITY ALUMNI RESEARCH FOUNDATION (Grant of License) Option 2 The MADISON METROPOLITAN SEWERAGE DISTRICT, ( DONOR ) of 1610 Moorland Road, Madison, Wisconsin, hereafter referred to as the DONOR, desires to provide funds for support of research on wastewater treatment project (the Project ). The DONOR desires to obtain the opportunity to use any patents that may arise from or associated with the research which is to be conducted pursuant to the Project. The Wisconsin Alumni Research Foundation ( WARF ) joins in this agreement for purposes of confirming DONOR s opportunities to secure any such patents. For this purpose, it is mutually agreed by the DONOR and THE BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM (the UNIVERSITY ) as follows: (1) The Project will be under the administration of the Engineering Experiment Station, The University of Wisconsin Madison, and will be conducted under the supervision of Professor Daniel R. Noguera, Department of Civil and Environmental Engineering, The University of Wisconsin Madison. (2) The DONOR will place at the disposal of the UNIVERSITY the sum of $215,000 over the calendar years. This agreement shall be effective as of August 1, (3) Payments will be made upon presentation of quarterly invoices. Payment will be to the UNIVERSITY OF WISCONSIN and will be sent to the Director, Research & Sponsored Programs, The University of Wisconsin, 442 A.W. Peterson Building, 750 University Avenue, Madison, Wisconsin (4) The UNIVERSITY will keep these funds separate in an account to be called MMSD LowDO Nutrient Removal and use them to employ competent research workers to carry on the research referred to above, to purchase necessary supplies and equipment, and to defray travel and other necessary expenses. (5) The UNIVERSITY will furnish laboratory facilities and such usual equipment as is required for the work on this project insofar as the facilities of the UNIVERSITY permit. (6) Upon the termination of this agreement, any equipment, material, or supplies remaining in stock will become the property of the UNIVERSITY unless it has been accepted on a loan basis for use in the project by prior agreement. (7) The Program Director will render, upon completion of the Project, suitable reports on the work accomplished, with the understanding that the UNIVERSITY, in accepting these funds for the purpose herein stated, intends that they shall be used for the promotion of scientific knowledge in the field referred to; that the results of such research shall be made public, through publication or otherwise, in any manner that the UNIVERSITY may deem desirable, keeping in mind that the public interest or welfare shall be dominant. Prior to publication by the UNIVERSITY, the results of these investigations are not to be used for sales promotion except by previous consent of the UNIVERSITY. When the results of the research are published, the UNIVERSITY agrees to make acknowledgment of the aid received from the DONOR (8) (a) WARF hereby grants to DONOR a nonexclusive royalty-free, irrevocable, paid-up license without the right to grant sublicenses to practice and use any United States patent or patent application arising out of any invention which is conceived and reduced to practice under and during the course of the Project and which is assigned to WARF by the supervising professor (the Licensed Patent ) in the operation of the DONOR S sewerage treatment operation exclusively at facilities owned by DONOR. (b) In the event that DONOR discontinues the use of the Licensed Patents provided for under this Agreement, DONOR hereby agrees to grant to WARF an option to obtain a nonexclusive, royalty-bearing license, with the right to grant sublicenses, to practice and use said Improvements for commercial purposes. The above memorandum has been presented to THE BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM and accepted by them on, and is declared effective upon (Date)

29 the signatures of the Director of Research & Sponsored Programs of THE UNIVERSITY OF WISCONSIN and the Dean of the College of Engineering for THE UNIVERSITY OF WISCONSIN MADISON, and the proper officials for the MADISON METROPOLITAN SEWERAGE DISTRICT. Date Dean of the College of Engineering Date Director, Research Administration Financial Date Chief Engineer & Director, Madison Metropolitan Sewerage District WISCONSIN ALUMNI RESEARCH FOUNDATION By: Leigh Cagan, Chief Technology Commercialization Officer Date:

30 MADISON METROPOLITAN SEWERAGE DISTRICT 1610 Moorland Road Madison, WI Telephone (608) Fax (608) D. Michael Mucha, P.E. Chief Engineer & Director Upcoming Agenda Items Commission Meeting Date Note: All dates are tentative and subject to change Meeting Finalized Meeting/Event 8/15/2013 X Commission Meeting Potential Agenda Items COMMISSIONERS Caryl E. Terrell President Thomas D. Hovel Vice-President Ezra J. Meyer Secretary John E. Hendrick Commissioner Topf Wells Commissioner (Note: routine business is shown in smaller font) Cash Statements Review and Approval of Sewer Extension Plans-Sauser o The Community of Bishops Bay, The Back Nine-Phase II, City of Middleton o Hawks Woods Estates, City of Madison Review and Approval of Modified UW Research Project on Low Dissolved Oxygen Nutrient Removal- Nehm/Counsel Review of Bids & Award of Contract: Purchase of Metrogo Vehicle-Nehm 8/29/2013 X Commission Meeting & Study Session o Review and Approval of Sewer Extension Plans-Sauser o o ISI-Envision Evaluation of PS18 Forcemain-Stieve Phosphorus Management Strategy-Taylor Note: Commissioner Hovel tentative. 8/29/2013 STUDY SESSION Topic: Strategic Financial Planning 9/12/2013 X Commission Meeting Cash Statements o Review and Approval of Sewer Extension Plans-Sauser o Preliminary Budget Presentation-Mucha Note: Commissioner Meyer will attend via conference call. 9/26/2013 X Commission Meeting & Study Session 9/26/2013 STUDY SESSION 10/10/2013 X Commission Meeting 10/24/2013 X Commission Meeting & Study Session o Review and Approval of Sewer Extension Plans-Sauser Public Hearing and Budget Discussion-Mucha Tentative: Review of Bids and Award of Contract: Pumping Station 18 Forcemain-Borelli Note: Commissioner Meyer will attend via conference call. Cash Statements o Review and Approval of Sewer Extension Plans-Sauser o Approval of 3 rd Quarter 2013 Sewer Service Bills-Gebert o o Follow up Discussion on the Preliminary Budget-Mucha Review and Approval of Sewer Extension Plans-Sauser Review and Adoption of the Updated 2014 Preliminary Budget-Mucha Review and Adoption of the 2014 Proposed Sewer Service Charge Rates and Septage Disposal Rates-

31 Subject: Calendar Date: August 13, 2013 Brochtrup Review and Adoption of the 2014 Proposed Application Fees for Wastewater Generated Outside the District- Taylor Phosphorus Management Strategy-Taylor 10/24/2013 STUDY SESSION Topic: Connection Charge Policies 11/14/2013 X Commission Meeting Cash Statements including sinking funds o Review and Approval of Sewer Extension Plans-Sauser Review and Adoption of the 2014 Proposed Interceptor Connection Charge Rates and Treatment Plant Connection Charge Rates-Sauser Review and Adoption of the Proposed 2014 Annexation Hearing Charges and Plan Review Fees-Borelli WEDNESDAY 11/27/2013 X Commission Meeting & Study Session 11/27/2013 STUDY SESSION 12/12/2013 X Commission Meeting & Study Session 12/12/2013 STUDY SESSION 1 st Meeting of the month Cash statement (sinking fund information included in May and November) Capital Budget Update (possibly no report in November) o o Review and Approval of Sewer Extension Plans-Sauser Phosphorus Management Strategy-Taylor Cash Statements o Review and Approval of Sewer Extension Plans-Sauser o Phosphorus Management Strategy-Taylor All Meetings Sewer extensions and voids as necessary Annexation Hearings as required Policy Issue Discussions as necessary Interim Financial Resolutions (as needed and typically in January) 2 nd Meeting of the month Operations Reports Future Agenda Topic Future Discussion on Policy Regarding Delinquent Sewer Extension Charges Treatment Plant Connection Charges-Excess Capacity Charges-Commission Request Miscellaneous Topics: CWF Bonds (as needed)-municipal Obligation & Financial Assistance Agreement-part of CWF Bond Annexations as needed Sewer Use Ordinance (as needed) Award Contracts & Project Closeouts (as needed) Automatic Annexations-please check with Curt Sauser Commission & Staff Discussion 2