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MINUTES <br />CITY COUNCIL <br />MARCH 13, 2013 <br />WORKERS <br />COMPENSATION <br />INSURANCE <br />RENEWAL <br />the reduction in tipping fees and billed at the old (higher) rate. Allied <br />Waste failed to notify the City of the reduction in tipping fees, but billed at <br />the correct rate. Waste Management acknowledged the issue, but noted <br />that they did not get notice of the tipping fee reduction from the waste <br />processing facility. Waste Management indicated that they will <br />implement additional steps to be more aware of changes in this area. <br />The Administrator recommended, that based on the cooperative approach <br />taken by Waste Management, that the $2,500 fine be reduced to a prorated <br />allocation of $25 for Gene's Disposal and $1,025 for Waste Management <br />with that fine to be stayed pending no further violation of any liquidated <br />damages provisions. The Administrator recommended no fine for Allied <br />Waste. <br />The Council agreed with the recommendation, but discussed the period of <br />time that the fine would be stayed pending no similar violations. The <br />consensus was for the term of the contract. The contract is a five -year <br />contract and it is in its second year. <br />Keis introduced the following resolution and moved its adoption: <br />RESOLUTION NO. 2013 -3 -40 — IMPOSING LIQUIDATED <br />DAMAGES FINES ON WASTE MANAGEMENT IN THE AMOUNT <br />OF $1,025 AND GENE'S DISPOSAL IN THE AMOUNT OF $25 FOR <br />VIOLATION OF THE ORGANIZED COLLECTION CONTRACT <br />RELATIVE TO TIPPING FEES, AND STAYING THE IMPOSITION <br />OF THE FINES SUBJECT TO NO SIMILAR VIOLATIONS OF THE <br />TIPPING FEE PROVISIONS FOR THE DURATION OF THE <br />CONTRACT <br />The foregoing resolution was duly seconded by Boss. <br />Ayes (4). <br />Nays (0). Resolution declared adopted. <br />The City Administrator reviewed his report dated March 8, 2013 relative <br />to the City's Workers' Compensation Policy renewal. The Administrator <br />noted that in past years the City chose to increase its deductible to $10,000 <br />given its good claims history. However, the City did have one serious <br />claim during that time period which has had a negative impact for the past <br />couple of years. He noted that last year the City chose the League of MN <br />Cities Insurance Trust (LMCIT) Retro Rating Option rather than the <br />deductible option, which had only recently become an option given the <br />City's premium level has exceeded $25,000. <br />5 <br />