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Home My WebLink About12-07-2020 Council PacketCITY COUNCIL WORK SESSION AGENDA CITY OF LINO LAKES Monday, December 7, 2020 Council Chambers 6:00 P.M. Prior to the regular work session, the City Council will convene at 5:30 p.m. for the purpose of holding a special closed work session to discuss pending litigation strategy related to a continued health insurance claim (attorney client privileged discussion) 1. Zoning Ordinance Text Amendment Regarding Metal Roofs, Katie Larsen 2. Emerald Ash Borer Injection Program, Andy Nelson 3. Solid Waste Hauler Licensing, Andy Nelson 4. Liquor License Fee Refund Review, Lisa Hogstad-Osterhues 5. Hard Court Development at Birch Street/Centerville Road, Rick DeGardner 6. Discuss Potential Dog Park, Rick DeGardner 7. Cleaning Services, Rick DeGardner 8. Annual Advisory Board Appointments, Lisa Hogstad-Osterhues 9. Council Updates on Boards/Commissions, City Council 10. Review Regular Agenda 11. Adjourn 1 WS – Item 1 WORK SESSION STAFF REPORT Work Session Item No. 1 Date: December 7, 2020 To: City Council From: Katie Larsen, City Planner Re: Zoning Ordinance Text Amendment Regarding Metal Roofs Background At the September 9, 2020 Planning & Zoning Board meeting, the Board directed staff to draft a zoning ordinance text amendment regarding metal roofs. At the October 14, 2020 Planning & Zoning Board meeting, the Board held a public hearing. There were no public comments. The Board recommended on a 4-3 vote to amend the zoning ordinance to allow for metal roofs on single family homes with either hidden fasteners (i.e. standing seam) or exposed fasteners as follows: § 1007.043 GENERAL BUILDING AND USE PROVISIONS. (2) Building Type and Construction. (a) Single Family Dwellings. All single family detached dwellings in the R, R-X, R-1, R-1X, R-EC, and R-2 Districts shall meet the following design criteria: 3. Single family dwellings shall have at least a four/twelve (4/12) roof pitch and shall be covered with shingles, or tiles, or a standing seam metal roof hidden fastener (i.e. standing seam) metal roof, or exposed fastener metal roof provided the exposed fasteners are the same color as the metal roofing material. Exposed galvanized metal finishes are not allowed. All metal panel roofing shall be installed per the most current edition of the MN State Residential Building Code. At the November 2, 2020 Work Session, staff presented the Planning & Zoning Board’s recommendation. Discussion included: • How visible is the house from the road and could we impose setbacks? • Should we limit exposed fasteners to just rurally zoned properties vs residential neighborhoods? The Council requested the item be brought back to the December Work Session. ANALYSIS 2 The City Zoning Ordinance currently allows for standing seam metal roofs as follows: § 1007.043 GENERAL BUILDING AND USE PROVISIONS. (2) Building Type and Construction. (a) Single Family Dwellings. All single family detached dwellings in the R, R- X, R-1, R-1X, R-EC, and R-2 Districts shall meet the following design criteria: 3. Single family dwellings shall have at least a four/twelve (4/12) roof pitch and shall be covered with shingles or tiles or a standing seam metal roof. The issue revolves around hidden fasteners (standing seam) vs. exposed fastener metal roofs. The City ordinance clearly states a standing seam metal roof is allowed on single family dwellings. The Planning & Zoning Board wanted to consider both hidden and exposed fastener systems on single family dwellings. Staff researched neighboring community zoning ordinances and found varying requirements from not allowing any metal roofs on single family homes (e.g. Andover, Anoka, Forest Lake) to allowing only standing seam (e.g. Shoreview) to allowing standing seam with restrictions (e.g. Blaine). The City of Hugo does not address metal roofs at all. Some communities also differentiate between residential, commercial and industrial uses. The pros and cons of hidden fasteners vs. exposed fasteners differ. Planning staff discussed with Building Department staff, researched, and viewed several websites and online videos. Suggested online videos for Board members to watch include: • https://sheffieldmetals.com/learning-center/standing-seam-vs-exposed-fastener- metal-roofing/ • https://youtu.be/-4i8UZQ07X0 Attachment A shows a side by side visual comparison of hidden vs exposed fasteners. The following chart shows a side by side comparison of pros and cons of each product. As you can see, there are pros and cons to each product. Hidden Fastener (i.e. Standing Seam) Exposed Fastener Weather Tightness X Easier to Install X Cost X Maintenance X Low Sloped Roof X Panel Strength X Aesthetics X Compatibility with solar panels and snow retention X X 3 Credit to Metal Roofing Learning Channel August 31, 2020 Staff’s concerns regarding exposed fastener systems are aesthetics and maintenance. Standing seam provides a higher aesthetic value with less maintenance. Exposed fastener systems require proper installation and more maintenance. Metals roofs expand and contract. A standing seam allows the metal panels to glide back and forth and expand and contract freely. An exposed fastener is screwed through the metal and does not allow for expansion/contraction. Instead the fasteners shift, loosen and potentially leak. Exposed fasteners require additional maintenance to tighten or replace the screws every few years. Staff does not recommend implementing setback standards or differing zoning districts. Inevitably, if we require a 50 ft setback, an applicant will apply for a variance because they only have a 40 ft setback. The City also has several rural residential subdivisions. If the Council feels single family homes should be allowed to have metal roofs with exposed fasteners then staff recommends the text amendment proposed by the Planning & Zoning Board. Requested Council Direction Discussion only. The 1st reading of the ordinance amendment could be presented to the Council on December 14, 2020. Attachments 1. Exposed vs. Standing Seam Visual Comparison 2. Ordinance No. 06-20 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 06-20 AN ORDINANCE AMENDING CITY CODE SECTION 1007 RELATED TO METAL ROOFS ON SINGLE FAMILY DWELLINGS The City Council of Lino Lakes ordains: Section 1. Findings. The City Council finds that the allowance of metal roofs on single family dwelling with either hidden fasteners or exposed fasteners enhances the health, safety and general welfare of the residents of the community. Section 2. Amendment. Lino Lakes City Code Chapter 1007 is hereby amended as set forth below: § 1007.043 GENERAL BUILDING AND USE PROVISIONS. (2) Building Type and Construction. (a) Single Family Dwellings. All single family detached dwellings in the R, R-X, R-1, R-1X, R-EC, and R-2 Districts shall meet the following design criteria: 3. Single family dwellings shall have at least a four/twelve (4/12) roof pitch and shall be covered with shingles, or tiles, or a standing seam metal roof hidden fastener (i.e. standing seam) metal roof, or exposed fastener metal roof provided the exposed fasteners are the same color as the metal roofing material. Exposed galvanized metal finishes are not allowed. All metal panel roofing shall be installed per the most current edition of the MN State Residential Building Code. Section 3. Effective Date. This Ordinance shall be effective from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this ___day of_______, 2020. 2 The motion for the adoption of the foregoing ordinance was introduced by Council Member_____________and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against sa me: ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk WS – Item 2 WORK SESSION STAFF REPORT Work Session Item No. 2 Date: December 7, 2020 To: City Council From: Andy Nelson, Environmental Coordinator Re: Ash Tree Injection Program Background The City response to EAB includes removals of boulevard ash trees, replacement of these trees with a diverse mix of species, and insecticide injections that allow us to stagger removals over time. There are currently 317 boulevard ash trees remaining. Our goal is to treat 100 trees per year until there are less than 200 trees remaining, followed by treating half of the remaining trees each year until we have removed and replaced them all. It will take the City about 10 years to remove and replace these trees, barring acquisition of grant funding. It took two workers about a month to treat 101 trees in the summer of 2020, and cost $3,353.89 for wages, chemicals, and injection equipment. Increasing levels of EAB infestation are becoming more apparent around the City. Rice Creek Chain of Lakes Park has hundreds of ash trees and a growing number of infestations, which will contribute to increased infestation rates in the surrounding area. The recommended treatment interval for ash trees in heavily infested areas is once every two years. Based on injection data from 2017 to today, we could use some supplemental assistance to dependably hit our treatment goals for boulevard trees. Additionally, our current EAB response program does not offer aid to residents beyond information and advice. One option to ensure that we can hit our treatment goals while also providing a clear pathway for residents to get their trees treated at a discounted rate is to enter into an agreement with a contractor that provides injections. There are existing programs that are structured to include these and other benefits to the City. Program Details/Benefits: 1. Discounted rate for injections of City and residents’ trees. 2. Distributes a postcard to all residents informing them about EAB, the benefits of injections, and providing a clear option for injections with contact information. 3. Establishes a website/landing page where residents can sign up for free appointments/consultations and find more information about EAB. 4. Provides the City with mapping and data for all trees injected (public and private) to assist in our EAB response planning. 5. Frees up our seasonal workers to work on other tasks, such as natural area restoration. Requested Council Direction Staff is requesting City Council direction on whether to implement an ash tree injection program and seek bids from companies to establish said program. Attachments 1. None. WS – Item 3 WORK SESSION STAFF REPORT Work Session Item No. 3 Date: December 7, 2020 To: City Council From: Andy Nelson, Environmental Coordinator Re: Solid Waste Hauler Licensing Background At the April 1, 2019 City Council Work Session, Council discussed the number of garbage hauler licenses available in the city, and whether this number could be decreased through attrition. Specifically, a concern was raised over the number of trucks travelling on city streets. This issue has been raised and discussed multiple times by the Council in the past. At the conclusion of the April 1st meeting, the Council requested more information on reducing the number of haulers, and on how other cities handle licensing. Section 504 of City Code establishes the regulation for solid waste collection. The City currently allows four licensed residential haulers to operate within the city. Each hauler is required to provide curbside recycling pickup once every two weeks. For collection purposes, the city is broken up into two districts. The east district pickup is Thursdays and the west district is on Fridays. The city does not require provision of yard waste services. Yard waste collection is provided solely as an added service of the hauler. Yard waste se rvices are typically provided between April and October. Currently, there are four waste haulers operating in the city. Each hauler currently pays $75 for the first truck and $45 for each additional truck as part of the licensing agreements. ACE Solid Waste 15 trucks $705 Republic Services 5 trucks $255 Waste Management 9 trucks $435 Walters Recycling and Refuse 7 trucks $345 Based on the number of haulers and the services they provide, the number of trucks on a given street could range from 3 (assuming one hauler has all properties) to 12 (assumes all haulers have customers). The number of trucks also varies based on which week recycling pickups occur, and if yard waste is being picked up that season. A summary of selected municipal solid waste hauler programs in the north metro is included in the attachments. Options to reduce the number of vehicles would include: • Reduce the number of licenses through attrition • Move to organized recycling collection (single hauler for recycling) • Move to organized collection of solid waste, pursuant to the process described in MN Statute 115A.94. Reducing the licenses would likely be accommodated through attrition, which could take a number of years. However, section 507.04 (2) does state that licensed garbage haulers must comply with operational requirements. Failure to observe those provisions may be the basis for suspension or revocation of a license. Staff has had prior problems collecting quarterly reports as required from a couple of the vendors. Continued non- compliance would be grounds for revocation, suspension, or denial of license applications. If the Council wishes to reduce the number of hauler licenses available, through attrition, an amendment to the ordinance may be required. Requested Council Direction Staff is requesting City Council direction on whether to pursue an option regarding hauler licensing. Attachments 1. April 1, 2019 Staff Report 2. Partial minutes from April 1, 2019 City Council Work Session 3. December 5, 2011 Staff Report 4. Code Section 507.04 Residential Solid Waste Collection Required 5. MN Statute 115A.94 6. Summary of selected municipal waste hauler programs WS – 5 WORK SESSION STAFF REPORT Work Session Item No. 5 Date: April 1, 2019 To: City Council From: Jeff Karlson, City Administrator Re: Garbage Hauling Background Mayor Reinert brought up the idea of limiting the number of garbage hauler lic enses from four to three, which still allows residents to choose their hauler. Section 507.04(1) states that the City reserves the right to limit the number of licenses to four (initially five were issued). Mayor Reinert would also like to provide a more clear process for suspending or revoking a hauler license when code violations occur. Sections 507.04(5) and 507.05(5) currently state: “The City Council may suspend or revoke the license of any hauling company whose conduct is found to be in violation of the provisions of this chapter.” The mayor provided an example of Chanhassen’s code that adds more clarity: “The city manager may suspend or revoke the license of any person whose conduct is found to be in violation of the provisions of this chapter. . . . Revocation or suspension of a license by the manager shall be preceded by a public hearing conducted in accordance with M.S. §14.57 to §14.69. . . . Any person aggrieved by the decision of the city manager may appeal the decision to the city council by filing written notice with the city clerk within ten days after the manager’s decision.” Requested Council Direction This is for Council consideration. Attachments Code Section 507.04(1) Residential Solid Waste Collection License Code Section 507.05(5) License Revocation CITY OF LINO LAKES MINUTES DATE : April 1, 2019 TIME STARTED : 6:00 p.m. TIME ENDED : 9:30 p.m. MEMBERS PRESENT : Council Member Rafferty, Maher, Manthey, Stoesz and Mayor Reinert MEMBERS ABSENT : None Staff members present: City Administrator Jeff Karlson; Public Safety Director John Swenson; Community Development Director Michael Grochala; City Planner Katie Larsen; Finance Director Sarah Cotton; Public Services Director Rick DeGardner; City Engineer Diane Hankee; Environmental Coordinator Marty Asleson; City Clerk Julie Bartell 5. Garbage Haulers - Mayor Reinert noted that the City currently allows four haulers in the city. He understands that choice to residents is important but does result in a lot of trucks on City streets each week (the number of trucks has gone up over the years). He’s suggesting, for discussion, maybe it’s time to go to three haulers, through a licensing attrition process. Council Member Stoesz suggested looking at what other cities have in their code in this area. The mayor concurred. Environmental Coordinator Asleson remarked that using attrition could prove to take a long time. There isn’t a lot turn over. Council Member Manthey said he likes the idea of reduction. The council would like more information on reducing the number of haulers. WS – Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: December 5, 2011 To: City Council From: Marty Asleson, Environmental Coordinator Re: Solid Waste – Organized Recycling discussion Background The City Council previously received a letter from a Lino Lakes resident requesting consideration of an organized citywide trash collection program. The council discussed this issue at the October 3, 2011 work session. While not supportive of a single hauler system the council requested that staff evaluate alternatives that could potentially minimize hauler traffic on residential streets. Analysis Section 504 of City Code establishes the regulation for solid waste collection. The City currently allows four (4) licensed residential haulers to operate within the city. Each hauler is required to provide curbside recycling pickup once every two weeks. For collection purposes the city is broken up into two districts. The east district pickup is Thursdays and the west district is on Fridays. The city does not require provision of yard waste services. Yard waste collection is provided solely as an added service of the hauler. Yard waste services are typically provided between April and October. As noted in the October 3, 2011 staff report, the primary reasons for considering organized collection is lower prices and reduced truck traffic. In absence of organized collection as an option, alternatives to reduce truck traffic become more limited. One option is to reduce the number of licenses available for solid waste collection. However, a reduction in licenses would likely be accommodated through attrition which could take a number of years. Reduction in licenses by a selection process becomes more difficult when not considering pricing and would need further review by the city attorney. Another alternative would be to move to an organized recycling system. Under this scenario, garbage hauler licenses would remain at 4 but the City would go through a competitive bidding process to select a single recycle hauler. This would eliminate three trucks every two weeks from the hauling routes because only one hauler would be providing this service. There are five (5) cities in Anoka County that currently provide single hauler recycling while still providing for multiple garbage haulers. It is not clear from the information provided by Anoka County if this would result in lower customer costs. It would require the city to provide billing services for the recycling fee. Residents would receive a separate bill from their selected garbage hauler. Requested Council Direction Staff is requesting direction from the council regarding solid waste collection alternatives. § 507.04 RESIDENTIAL SOLID WASTE COLLECTION REQUIRED. Pursuant to M.S. § 115A.941, as it may be amended from time to time, every person who owns or occupies property within the city for business, commercial or residential purposes shall contract for collection service for mixed municipal solid waste, as defined herein, which may accumulate upon the property at least once a week, with a hauler licensed to do business in Anoka County. (1) Residential solid waste collection license. No person shall collect garbage, refuse or recyclables from residences in the city without first securing a license from the city. The City Council, in the interest of maintaining healthful and sanitary conditions in the city, hereby reserves the right to limit the number of licenses initially issued to five, through attrition the maximum number of licenses issued shall decrease to four. (a) License requirements. The license shall be valid for one calendar year and shall expire on June 1 of each year unless revoked sooner. For the purposes of implementing this, the licenses will first be made available to those haulers operating in the city at the time of the enactment of this chapter. All persons engaged in the business of individual residential collection in the city shall secure a license by June 1, 1993. (b) The license is non -transferable, unless approved by the City Council. The licensee shall not be entitled to refund of any license fee upon revocation or voluntarily ceasing to carry on the license activity. (c) An applicant for a license shall make application to the City Clerk or a designated representative through forms and procedures prescribed by the City Clerk. The application for a license shall contain the following information: 1. The name, phone number and current business address of the applicant; and 2. A list of the place or places to which the residential solid waste and/or recyclables are to be hauled. (d) An applicant must obtain all the insurance required by this section. All costs and expenses are the responsibility of the applicant. All insurance coverage is subject to the approval by the city and shall be maintained by the licensee during the term of the license. No work under this license shall be commenced until the requirements of this section have been satisfied. (e) The licensee shall obtain and maintain statutory workers' compensation insurance and employer's liability insurance as required under the laws of the State of Minnesota and shall hold the city free and harmless from all liability from any cause that may arise by reason of injuries to any employee of the licensee. (f) In the event that the licensee is the sole proprietor and has not elected to provide worker's compen sation insurance, the licensee shall be required to execute and submit an affidavit of sole proprietorship in a form satisfactory to the city. (Ord. 36-97, passed 12-8-1997) (g) An annual license fee shall be established by the annual fee schedule ordinance that is approved by the City Council. (h) The City Clerk or a designated representative shall issue licenses only after receipt and review of all required forms, certificates and fees and they are confirmed to comply with the provisions p reviously stated. An applicant denied a license by the city may have the decision reviewed by the City Council. The applicant shall request review by the City Council in writing within ten days after denial of the license. (2) Duties and obligations of the licensed collector. A licensed garbage, refuse and/or recyclables operator must comply with the following operational requirements. Failure to observe these provisions may be a basis for suspension or revocation of a license. (a) The licensee shall notify the city of any change to their application materials in a timely manner. (b) The licensee shall comply with all state, county, local laws and regulations. (c) No collection of garbage, refuse, yard waste and/or recyclable materials shall be made except between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday, with no collection on Sunday, except under extenuating circumstances including poor weather conditions or natural disasters. Customers shall be reasonably notified of the specific day for the collection of their garbage, refuse and/or recyclables and the licensee shall collect the materials on those days. (d) The licensee shall offer residential customers at minimum, a three tiered rate volume option, where the rate charged for garbage collection increases as the volume of garbage collected increases, with a minimum of three volume categories. (e) The licensee shall not impose a greater charge on residential customers who recycle than those who do not recycle. (f) Each licensed garbage, refuse and/or recyclables collector shall only use vehicles and equipment so constructed that the contents will not leak or spill. The vehicles and equipment shall also be kept clean and as free from offensive odors as possible, and shall not stand in any street or public place longer than is reasonably necessary to collect garbage, refuse, yard waste and/or recyclables. The licensee shall also ensure that the immediate collection site is left tidy and free of litter. (3) Mandatory recycling for residential solid waste haulers. (a) Each licensed garbage, refuse and/or recyclables collector shall provide its residential customers with an opportunity to recycle through the at least biweekly curbside collection of targeted recyclables. (b) The curbside collection of targeted recyclables shall be on the same day as the collection of the customer's garbage and/or refuse, but may occur at a different time within that day. The targeted recyclabl es collection shall be from a location at or near the customer's garbage/refuse collection site or other location mutually agreeable to the hauler and the customer. (c) Nothing herein shall be construed to prevent a licensee from offering curbside collection for other recyclable materials, in addition to the targeted recyclables. (d) Adequate notification as to why recyclable material was not picked up must be left with any recyclable material(s) left at curbside. (e) The licensee is also deemed the owner of the recyclables upon collection, the licensee may market them. (f) Each licensee shall submit a quarterly report to the city that identifies the weight in tons of recyclables and the volume in cubic yards of yard wastes th at were collected by the licensee from city residences. (4) Indemnification. The licensee shall hold the city harmless from all damages and claims of damages that may arise by reason of any negligence of the licensee or the licensee's agent or employee while engaged in the performance of the work and services covered by the license requirements and shall indemnify the city against all claims, liens, expenses and claims for liens for work, tools, machinery, materials or insurance premiums or equipment or supplies and against all loss by reason of failure of the licensee in any respect to fully perform all obligations outlined in the duties and obligations of licensed residential solid waste collectors. (5) License revocation. The City Council may suspend or revoke the license of any hauling company whose conduct is found to be in violation of the provisions of this chapter. (6) Anti -scavenging provision. It is unlawful for any person or business to scavenge, collect or otherwise remove garbag e, refuse, recyclables or yard waste that has been placed at the curb or in recycling containers, without a license from the city and an account relationship with the owner, lessee or occupant of the premises. (7) Penalty. Any person convicted of violating this chapter shall be guilty of a petty misdemeanor. The penalty may be imposed in addition to suspension or revocation of the license. (Prior Code, § 507.04) (Am. Ord. 05-11, passed 1-24-2011) 2020 Minnesota Statutes 115A.94 ORGANIZED COLLECTION. Subdivision 1.Definition. "Organized collection" means a system for collecting solid waste in which a specified collector, or a member of an organization of collectors, is authorized to collect from a defined geographic service area or areas some or all of the solid waste that is released by generators for collection. Subd. 2.Local authority. A city or town may organize collection, after public notification and hearing as required in subdivisions 4a to 4f. A county may organize collection as provided in subdivision 5. A city or town that has organized collection as of May 1, 2013, is exempt from subdivisions 4a to 4f. Subd. 3.General provisions. (a) The local government unit may organize collection as a municipal service or by ordinance, franchise, license, negotiated or bidded contract, or other means, using one or more collectors or an organization of collectors. (b) The local government unit may not establish or administer organized collection in a manner that impairs the preservation and development of recycling and markets for recyclable materials. The local government unit shall exempt recyclable materials from organized collection upon a showing by the generator or collector that the materials are or will be separated from mixed municipal solid waste by the generator, separately collected, and delivered for reuse in their original form or for use in a manufacturing process. (c) The local government unit shall invite and employ the assistance of interested persons, including persons licensed to operate solid waste collection services in the local government unit, in developing plans and proposals for organized collection and in establishing the organized collection system. (d) Organized collectio n accomplished by contract or as a municipal service may include a requirement that all or any portion of the solid waste, except (1) recyclable materials and (2) materials that are processed at a resource recovery facility at the capacity in operation at the time that the requirement is imposed, be delivered to a waste facility identified by the local government unit. In a district or county where a resource recovery facility has been designated by ordinance under section 115A.86 , organized collection must conform to the requirements of the designation ordinance. Subd. 4. [Repealed, 2013 c 45 s 7] Subd. 4a.Committee establishment. (a) Before implementing an ordinance, franchise, license, contract, or other means of organizing collection, a city or town, by resolution of the governing body, must establish a solid waste collection options committee to identify, examine, and evaluate various methods of solid waste collection. The governing body shall appoint the committee members. (b) The solid waste collection options committee is subject to chapter 13D. Subd . 4b.Committee duties. The committee established under subdivision 4a shall: (1) determine which methods of solid waste collection to examine, which must include: (i) the existing system of collection; (ii) a system in which a single collector collects solid waste from all sections of a city or town; and (iii) a system in which multiple collectors, either singly or as members of an organization of collectors, collect solid waste from different sections of a city or town; (2) establish a list of criteria on which the solid waste collection methods selected for examination will be evaluated, which may include: costs to residential subscribers, impacts on residential subscribers' ability to choose a provider of solid waste service based on the desired level o f service, costs and other factors, the impact of miles driven on city streets and alleys and the incremental impact of miles driven by collection vehicles, initial and operating costs to the city of implementing the solid waste collection system, providing incentives for waste reduction, impacts on solid waste collectors, and other physical, economic, fiscal, social, environmental, and aesthetic impacts; (3) collect information regarding the operation and efficacy of existing methods of solid waste collect ion in other cities and towns; (4) seek input from, at a minimum: (i) the governing body of the city or town; (ii) the local official of the city or town responsible for solid waste issues; (iii) persons currently licensed to operate solid waste collection and recycling services in the city or town; and (iv) residents of the city or town who currently pay for residential solid waste collection services; and (5) issue a report on the committee's research, findings, and any recommendations to the governing body of the city or town. Subd. 4c.Governing body; implementation. The governing body of the city or town shall consider the report and recommendations of the solid waste collection options committee. The governing body must provide public notice and hold at least one public hearing before deciding whether to implement organized collection. Organized collection may begin no sooner than six months after the effective date of the decision of the governing body of the city or town to implement organized collection. Subd. 4d.Participating collectors proposal; requirement. Before establishing a committee under subdivision 4a to consider organizing residential solid waste collection, a city or town with more than one licensed collector must notify the public and all licensed collectors in the community. The city or town must provide a period of at least 60 days in which meetings and negotiations shall occur exclusively between licensed collectors and the city or town to develop a proposal in which interested licensed collectors, as members of an organization of collectors, collect solid waste from designated sections of the city or town. The proposal shall include identified city or town priorities, including issues related to zone creation, traffic, safety, environmental performance, service provided, and price, and shall reflect existing haulers maintaining their respective market share of business as determined by each hauler's average customer count during the six months prior to the commencement of the exclusive negotiation period. If an existing hauler opts to be excluded from the proposal, the city may allocate their customers proportionally based on market share to the participating collectors who choose to negotiate. The initial organized collection agreement executed under this subdivision must be for seven years. Upon execution of an agreement between the participating licensed collectors and city or town, the city or town shall establish organized collection through appropriate local controls and is not required to fulfill the requirements of subdivisions 4a, 4b, and 4c, except that the governing body must provide the public notification and hearing required under subdivision 4c. Subd. 4e.Parties to meet and confer. Before the exclusive meetings and nego tiations under subdivision 4d, participating licensed collectors and elected officials of the city or town must meet and confer regarding waste collection issues, including but not limited to road deterioration, public safety, pricing mechanisms, and contractual considerations unique to organized collection. Subd. 4f.Joint liability limited. Notwithstanding section 604.02, an organized collection agreement must not obligate a participating licensed collector for damages to third parties solely caused by another participating licensed collector. The organized collection agreement may include joint obligations for actions that are undertaken by all the participating licensed collectors under this section. Subd. 5.Counties; organized collection. (a) A county may by ordinance require cities and towns within the county to organize collection. Organized collection ordinances of counties may: (1) require cities and towns to require the separation and separate collection of recyclable materials; (2) specify the material to be separated; and (3) require cities and towns to meet any performance standards for source separation that are contained in the county solid waste plan. (b) A county may itself organize collection under subdivisions 4a to 4f in any city or town that does not comply with a county organized collection ordinance adopted under this subdivision, and the county may implement, as part of its organized collection, the source separation program and performance standards required by its organized collection ordinance. Subd. 6.Organized collection not required or prevented. (a) The authority granted in this section to organize solid waste collection is optional and is in addition to authority to govern solid waste collection granted by other law. (b) Except as provided in subdivision 5, a city, town, or county is not: (1) required to organize collection; or (2) prevented from organizing collection of solid waste or recyclable material. (c) Except as provided in subdivision 5, a city, town, or county may exercise any authority granted by any other law, including a home rule charter, to govern collection of solid waste. § Subd. 7.Anticompetitive conduct. (a) A political subdivision that organizes collection under this section is authorized to engage in anticompetitive conduct to the extent necessary to plan and implement its chosen organ ized collection system and is immune from liability under state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce. (b) An organization of solid waste collectors, an individual collector, and their officers, members, employees, and agents who cooperate with a political subdivision that organizes collection under this section are authorized to engage in anticompetitive conduct to the extent necessary to plan and implement the organized collection system, provided that the political subdivision actively supervises the participation of each entity. An organization, entity, or person covered by this paragraph is immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce. Solid Waste Management in Selected Cities: Big Lake : 8 licensed waste haulers. Blaine: Organized collection through Walters. Centerville: Organized collection through Republic. Circle Pines: Organized collection through Waste Management. Elk River: Organized collection through a partnership of Republic and Randy’s. Fridley: City-provided recycling service, residents pay City. 6 licensed trash haulers. Ham Lake: Organized trash and recycling collection through Ham Lake Haulers, which is a partnership between ACE and Waste Management. Hugo: 7 licensed waste haulers. Lexington: 4 licensed waste haulers. Mounds View: 4 licensed waste haulers. North Oaks: Organized solid waste collection through Waste Management, recycling through Peterson- Waddle. Shoreview: Organized recycling through Eureka! Recycling. 10 licensed trash haulers. Spring Lake Park: 5 licensed haulers. White Bear Lake: Organized collection through Republic. WS – #4 WORK SESSION STAFF REPORT Work Session Item No. 4 Date: May 4, 2020 To: City Council From: Lisa Hogstad-Osterhues, Deputy City Clerk Re: Liquor License Fee Refunds Background The City issues annual licenses for intoxicating beverage sales. Restaurants and bars in the City that hold these licenses have been impacted by Governor Walz’s mandated closures related to the COVID 19 virus. Since these establishments have been mostly unable to sell on-sale beverages for a period of time, staff has been looking at measures that could provide a refund or fee consideration to impacted liquor license holders. The city council passed a two month credit to impacted liquor license holders earlier in 2020 due to an executive order requiring closure of bars and restaurants in-door dining. Staff is asking that the City Council consider the following: - Pro rata refund of license fees for months impacted by the Governor’s emergency orders; - Since it is uncertain exactly how long these establishments will be mostly unable to sell beverages, any refund would be considered as a credit to future fees. - The refund would apply only to On-Sale Liquor, On-Sale Wine, On-Sale Beer, On-Sale Club, On-Sale Taproom and Sunday Sales licenses. Investigation fees are not included. - The changes proposed relate only to the current emergency situation. Attachments List of Business Licenses Requested Council Direction Staff requests direction from the council on proceeding with proposed measures to address licensing in the current emergency situation. If authorized, staff would request action at a future council meeting. WS – Item 7 WORK SESSION STAFF REPORT Work Session Item No. 7 Date: December 7, 2020 To: City Council From: Rick DeGardner, Public Services Director Re: Cleaning Proposal Background The City began contracting out cleaning services in 2011, with Jani-King being our service provider until 2018. Since then, Coverall, Inc., has been providing cleaning services for City Hall, Police Department, Public Works, Fire Station #1, and Fire Station #2. Staff is not satisfied with the overall cleaning services. Attempts to address our concerns have not resulted in satisfactory improvement. Marsden Services is one of the largest privately-owned facility service providers in the United States. The attached proposal provides a comprehensive view of the Marsden Services operations including hiring, training, staffing levels, and quality assurance processes. Detailed pricing for each facility is summarized on page 14. Additional time and disinfectant costs have been built into the proposal to address the ongoing COVID pandemic concerns. Pages 21-29 outline the cleaning detail for each of the facilities. Monthly Cleaning* City Hall and Police Dept (5 times per week) $3,856.00 Public Works (3 times per week) $1,044.60 Fire Station #1 (2 times per week) $631.58 Fire Station #2 (2 times per week) $691.82 * Includes labor, chemicals, equipment (except scrubber), workers comp, general liability insurance Staff recommends executing a services agreement with Marsden Services for a period of six months. This should give us enough time to determine whether we see noticeable improvement or should consider other options. Marsden’s existing clients in Lino Lakes include Wargo Nature Center, Health Partners, and Wells Fargo. The President of Marsden Services resides in Lino Lakes. Requested Council Direction Direct staff to place on the December 14, 2020 City Council meeting agenda for consideration. Attachments Marsden Services Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 Table of Contents Proposal Five Diamond Program Disinfecting Specifications for City Hall and Police Department Disinfecting Specifications for Public Works Disinfecting Specifications for Fire Station #1 Disinfecting Specifications for Fire Station #2 2020 Marsden Service Agreement Certificate of Insurance W9 Cleaning Specifications Service Agreement, COI and W9 Proposal for City of Lino Lakes Prepared by Marsden Bldg Maintenance Jen Klein Cell: 651-216-6084 jklein@marsden.com www.marsdenbuildingmaintenance.com Proposal for Janitorial Services November 30, 2020 Page 2 of 30 November 30, 2020 Rick Degardner Public Services Director City of Lino Lakes Dear Rick, Thank you for the opportunity to submit a proposal for Janitorial Services for the City of Lino Lakes. Marsden Bldg Maintenance (MBM) understands how important it is for the City of Lino Lakes to have a janitorial partner who can provide efficient and consistent facility services. I am confident that MBM can provide you with the skilled teams, comprehensive quality programs, and customer-focused services that are necessary to maintain the cleanliness, appearance, and safety of your property. We have built this proposal to address the ongoing concerns of the COVID Pandemic and have included additional time and disinfect ant costs to ensure that each time your facilities are being cleaned, the main touch points are also being disinfected. We have a strong local presence in the area of both employees, management and our Executive Management team and service numerous facilities nearby. We would love to become your trusted provider for all your ongoing on Emergency Service needs as well. I have also included information in this proposal on our 5 Diamond Program that you can take advantage of at no additional cost. Enclosed you will find our proposal. If you would like additional information or have questions, please reach out to me at 651-216-6084 or jklein@marsden.com. We look forward to your evaluation of our proposal and the opportunity to discuss a partnership between Marsden Bldg Maintenance and City of Lino Lakes. Sincerely, Jen Klein Jen Klein Marsden Central/Marsden Bldg Maintenance Page 3 of 30 ABOUT US Marsden Bldg Maintenance was established in 1952 and over the years has grown into a full spectrum facility services provider. MBM offers janitorial, security, building maintenance, and specialty property services throughout the central United States. We provide specialized building care to thousands of clients through service solutions that are quality-based and customer-focused. MBM is part of the Marsden Services family of businesses. Marsden provides clients with a unique combination of national strength and local presence. Marsden is a multistate company that services thousands of clients from coast to coast. Despite Marsden’s size, the focus is on the local markets in which it has office locations. Each office is invested in its community and local clients, providing personalized service. The local teams leverage Marsden’s resources as a large organization, including staff, technology, equipment, supplies, information, industry experts, and finances to better serve their neighboring clients. Through our combined national and local operations, MBM provides our clients with the strength of a large corporation and the individualized care of a small business. Who is Marsden? Composed of several operating companies, Marsden is one of the largest privately-owned facility service providers in the United States. LABOR MANAGEMENT At MBM, we are proud to provide good jobs to hardworking people. We attract a workforce of exceptional associates to provide our clients with consistent, high quality services. Through our labor management strategies, we have built a stable, qualified team of associates that is productive, reliable, and trustworthy. Page 4 of 30 HIRING All of MBM’s hiring is done by MBM’s Human Resource Services (HRS) Placement Specialists. Our Placement Specialists are intensively educated in the most current employment laws, verifying authorization to work documents, running E-verify checks, performing background checks, interviewing candidates, processing hiring paperwork, and human-relations techniques. The Hiring Process MBM’s careful hiring process results in a quality workforce that is highly trained, trustworthy, and motivated. Candidates apply for an open position online and complete a pre -interview online assessment. W e thoroughly review each potential candidate’s background, legal status, and work history before inviting the applicant for an interview, and automatically disqualify anyone who doesn’t meet the required standards. Page 5 of 30 Talent Acquisition: Who We Look For During talent acquisition, we seek out individuals with the following qualities: All qualified applicants are given a personal, face-to-face interview with a trained HRS professional. During the interview, we look at the applicant’s general suitability, as well as his or her job experience and work ethic. Once we are satisfied that a candidate will become an effective member of the MBM team, we work hard to onboard and retain that individual. MBM is meticulous in job placement – we want to ensure that individuals are placed in a position in which they can succeed and be proud of their work. We encourage employees to stay with MBM long-term by engaging them in our company and helping them grow in their careers. We provide a positive work environment, competitive wages, benefits packages, and reasonable workloads. When employees show skill, dedication, and interest, MBM prepares them for promotions and gives them new roles. By investing in our employees, we are able to reduce turnover and provide our clients with a dedicated, steady workforce. TRAINING Every new MBM employee goes through a multi-step training process. Our cleaners complete hours of education and practice before commencing work. The result is a workforce that is knowledgeable, efficient, consistent, and highly skilled. Every MBM cleaning team represents hundreds of hours of training and education. We investigate the best products, equipment, methods and cleaning systems and then use the latest research and best practices to develop our training and quality assurance programs. Page 6 of 30 Training Program We have three phrases in our training program for new cleaners. Our intensive training system creates a workforce that is educated, reliable, consistent, and cost-effective. Classroom Training During classroom orientation and training, new employees learn about MBM, HR policies, safety, and their specific role within the company. There are test questions after each section to ensure comprehension. Our focus during classroom training is to introduce employees to our company, its culture, and its mission. We also use this time to emphasize the importance of safety and safe work practices. Technical Training Once new employees have satisfactorily completed the first tier of training, they begin their onsite training. During onsite training, employees are trained on the standard methods for their particular job, site-specific methods, site-specific safety protocols, customer service, and advanced industry training. For new management staff, onsite training also focuses on supervisory skills and additional human resource policies. During the onsite training, new employees build upon their classroom learning in a tangible way. The onsite training helps new employees to visualize what they are learning and prepares them to practice these procedures and techniques themselves in the final step of training. Page 7 of 30 Procedural Training In the final stage in MBM’s training program, employees receive one-on-one instruction. This final step ensures that employees have retained the information they have learned in training and that they can execute it. During the hands-on training, a designated trainer works side by side with the new hire. As the trainer and the trainee work together, the new employees are taught the specific service plan for that client site, called TECH. Each employee is taught this system for service delivery in order to ensure our clients receive consistent and efficient services each day. What is T ECH? MBM’s Teach Easy Cleaning Habits (TECH) program is a proprietary system designed to ensure reliable quality standards. STAFFING LEVELS MBM uses a mobile timekeeping technology to monitor employee departures and arrivals in real time. We use QR codes and/or GPS to confirm that employees are onsite and receive immediate notification if employees fail to report at their scheduled destinations. If employees do not clock-in onsite when their shifts begin, a manager uses our mobile technology to immediately locate and secure a replacement staff member. This ensures a fully staffed team at the facility every shift. Page 8 of 30 QUALITY ASSURANCE Quality assurance is the foundation of the success MBM. All our efforts are directed by our commitment to provide consistent, reliable, and customer-focused services. Through our quality assurance program, we are constantly exploring ways to improve the condition and value of each client facility. Our multidimensional approach ensures the best possible performance and significantly reduces the influence of human error in the field. Our quality assurance program is designed to ensure client satisfaction, guarantee quality performance, and confirm compliance. Q uality Control Program MBM’s QC program covers three key aspects of service: proactive quality assurance, cutting-edge technology, and industry-leading labor management. Our QC program covers nine key points: Page 9 of 30 TIME KEEPING AND HR ACCESS MBM’s mobile technology enables us to communicate with and coordinate our employees. Through this technology, we can monitor employee departures and arrivals in real time; manage employee schedules; fill open positions; ensure accurate payroll information; and contact employees. By using technology to simplify our HR efforts, our cleaning teams are able to spend more time serving in the facility and less time on administrative tasks, which increases our efficiency and accountability. WORK ORDERS AND PROJECT CALENDARS Our project management system tracks all service activities and customer requests. Once a work order is entered in the system, an automatic notification is sent to the corresponding manager. The work order is tracked through the system to completion and monitored to ensure timely responses. Periodic tasks are also entered into this system, as well as being noted on a comprehensive service calendar. These calendars incorporate all the different service tasks to be done at a facility and divide periodic tasks into reasonable and equal weekly workloads. These calendars are then used to generate detailed weekly assignments for cleaning teams. INSPECTIONS AND REPORTING We perform regular inspections and periodic audits to review all aspects of MBM’s contract performance. During an inspection, we review service performance; compliance with laws, certifications, and training; and responses to customer needs and customer satisfaction. MBM can provide different levels of inspection, ranging from informal daily inspections to quarterly formal inspections. Performing inspections on a regular basis enables us to immediately identify if there are any areas where we could improve our services and then make the changes necessary to do so. In addition to reviewing each aspect of our scope of service during inspections, we also review KPIs and Gap Analysis to ensure we are providing our clients with tailored, quality services. Page 10 of 30 Every formal inspection has a corresponding report form that is completed and logged in a centralized database. We use a web-based quality assurance tool that allows us to track and manage inspections and reports directly from client accounts in real time. Our reports can be customized to meet client KPI’s and preferences. We readily provide our clients with the results of their inspection reports. SERVICE REQUESTS AND CUSTOMER SURVEYS If a client contacts us with a concern, the manager at the account performs an immediate site inspection. The manager will determine the source of the problem and develop a plan for resolving the situation. All action items – whether they are complaints, work orders, requests for service, or service deficiencies – are promptly escalated if they are not addressed immediately. All accounts have an internal escalation chart and items that are not resolved are automatically escalated to the next level of management. Escalation Action items are first the responsibility of the account manager and are automatically escalated if they are not immediately reconciled at this level. Although we have a defined process for escalation, issues are almost always immediately resolved at the local level. Clients are invited to fill out a simple satisfaction survey on a quarterly basis. This survey helps us to measure our performance against client expectations. We share the results of these surveys with our onsite team so that they are aware of what they are doing well and potential areas for improvement. ENVIRONMENTAL HEALTH AND SAFETY All MBM associates share the belief that safety is an everyday concern and an integral part of every operation. Our employees are properly trained, careful, and alert, and they provide our clients with cleaner, safer facilities. Our goal is zero injuries and we work with our clients to design and implement site-specific safety programs. MBM’s Safety360 program is at the center of our safety initiatives. Safety360 is a behavior-based program built on the fundamentals of risk exposure, hazard identification and incident prevention. Our program is a comprehensive, proactive, and multidimensional initiative that adheres to the hazard control methods established by the National Institute for Occupational Safety and Health (NIOSH). Page 11 of 30 Hazard Control MBM is dedicated to providing our clients and our staff with a safe and healthy environment. Our teams use industry-proved hazard control methods to constantly live a culture of safety and create safe environments wherever they go. Through Safety360’s philosophical approach to safety MBM has been able to maintain Occupational Safety and Health Administration (OSHA) injury and insurance rates below the industry standards for janitorial, security, and building equipment contractors. Training is key to creating and maintaining safety awareness throughout our company. Safety training is an ongoing process for our employees, continuing throughout their MBM careers. Cleaners receive safety awareness training upon hire and yearly refresher training. We also conduct a site-specific hazard analysis for each account and based on the findings, the cleaners receive additional trainings to prepare them to safe ly service the account. Cleaners also receive ongoing training during daily safety briefings at the job site and additional site-specific training occurs whenever physical or procedural changes at the job site result in new potential safety hazards. Page 12 of 30 TRANSITION MBM uses a detailed implementation program to ensure a smooth transition for our clients and every transition plan is specifically tailored to each client’s unique situation. By doing so, we seek to eliminate any stress or distraction that can accompany the transition to a new provider. MBM has a core group of experienced department managers from sales, operations, human resources, training, safety, and administration that forms our transition team. The team develops a formal, systematic plan for implementing service agreements by determining action items and assembling the manpower, equipment, and resources necessary for a smooth and efficient transition. Transition Process Through our careful and thorough transition process, we can guarantee that we will be prepared to perform at the highest level from our first day at the account. MBM’s template transition plan is used only as a guide during start-up – we create a customized, detailed plan for each unique facility. The following transition plan is an outline for transitioning that anticipates 45 days’ notice of service start, although MBM can and has started service with less than 45 days’ notice. Page 13 of 30 PRICING November 30, 2020 The following represents the pricing for Janitorial Services at the following City of Lino Lakes locations: Services Price Per Frequency 5x per week Janitorial Services for City Hall and Police Department $3,856.00 per month 3x per week Janitorial Services for Public Works Building $1,044.60 per month 2x per week Janitorial Services for Fire Station #1 $631.58 per month 2x per week Janitorial Services for Fire Station #2 $691.82 per month The effective date for this pricing is January 11, 2021. Prices are guaranteed through December 31, 2021 barring any major, unforeseen changes in payroll taxes, healthcare, or government initiatives. Prices do not include sales taxes as they may apply. Price Inclusions This is a full building price providing:  Associates(s) labor  Cleaning chemicals and equipment  Fill-in coverage  Local management team  Corporate support  Payroll-related taxes  Worker’s compensation  General liability insurance Service Agreements Marsden Bldg Maintenance, LLC requires a signed agreement before services begin. We have attached our standard service agreement. If you agree to our terms, please return it with your signature. If you require Marsden to sign your standard agreement, please forward it for review. In addition, the following items must be included: Name: Marsden Bldg Maintenance, LLC (Please ensure our name is spelled exactly as it is listed here) Start Date: Ensure that the correct start date is listed Signature: Michael Davis, Chief Operating Officer Page 14 of 30 Billing To accommodate all our customers and the various cut-off dates that each of them may have for processing vendors’ invoices, we will normally bill for service around t he 1st of each month. Payment terms are Net 10 but we can accommodate up to Net 30, if needed. Page 15 of 30 BE READY FOR ANY EMERGENCY When a emergency occurs, a disaster strikes, or a pandemic hits, the last thing you want to worry about is finding the right vendor to help you get your business back up and running. We can help with that. Marsden Restora�on’s Five Diamond Program offers a priority emergency response to our members. From pre-event planning through recovering from the crisis, we provide the immediate emergency response that enables your business recovery. The benefits of becoming a Five Diamond member include: © Marsden Holding, LLC, 2020 | V1-2020-7-16 For more information, contact your local Marsden representative or visit www.marsden.com. CLEANING | SECURITY | HVAC | CALIBRATION | RESTORATION | FACILITIES MANAGEMENT FIVE DIAMOND EMERGENCY RESPONSE PROGRAM PEACE OF MIND You have a safety net if something happens to your facility. You already have a trusted, established vendor for restora�on, mi�ga�on, cleanup, storm preparedness, documenta�on, environmental concerns, and disinfec�on services. PRIORITY SERVICE In the event of a large-scale disaster or other emergency event that results in a surge in demand, you will receive priority service as a Five Diamond Member. In order to ensure all of our Five Diamond Members receive priority service, we are limi�ng our membership to 100 clients na�onwide. PERSONALIZED PROGRAM You will be assigned a dedicated representa�ve who will collect informa�on about your facility and establish a chain of command in the event of an emergency, which will decrease down�me following a disaster event and allow us to get to work quickly. PRICE TRANSPARENCY We will annually publish price lists so that you are aware of service costs upfront and not a�er the work is completed. We always provide transparency in our billing and nego�a�ons with insurance companies and consultants. PARTNERSHIP Marsden Restora�on is part of the Marsden Services organiza�on, a na�onwide integrated facility services provider. By partnering with us, you will receive the support of all of Marsden’s providers, which enhances response �mes and service offerings, including janitorial and disinfec�on; security and inves�ga�ons; mechanical maintenance; calibra�on and valida�on; and facili�es management. Page 16 of 30 Disinfecting Specifications for Lino Lakes City Hall and Police Department Break Room Areas Remove any trash or recycle. Spot wipe and replace liners as needed. Disinfect vertical touchpoints including door handles, push plates, etc. Damp wipe tables in need using sanitizing cleaner. Spot brush or spot wipe chairs in need. Spray and wipe sink and counter. Dust mop or vacuum hard surface floors. Damp mop floor removing visible residue. Spot wipe vertical surfaces removing spills, smudges, etc. Dust high and low horizontal surfaces within reach. 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk Weekly Weekly Conference Rooms Remove any trash or recycle. Spot wipe and replace liners as needed. Disinfect vertical touchpoints including door handles, push plates, etc. Spot wipe vertical surfaces removing spills, smudges, etc. Damp wipe tables in need using sanitizing cleaner. Vacuum carpet removing visible debris. Full wall to wall vacuum Dust high and low horizontal surfaces within reach. Dust and spot wipe any counters, ledges or other furniture in need. Brush or vacuum carpet edges in need. 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk Weekly Weekly Weekly Monthly Corridors Disinfect vertical touchpoints including door handles, push plates, etc. Disinfect drinking fountains and polish as needed. Vacuum carpet removing visible debris. Dust high and low horizontal surfaces within reach. Spot wipe vertical surfaces removing spills, smudges, etc. Brush or vacuum carpet edges in need. 5 x / Wk 5 x / Wk 5 x / Wk Weekly Weekly Monthly Entrances Remove any trash and clean out any ash urns. Spot wipe as needed. Police / spot sweep exterior entry area in front of doors. Disinfect vertical touchpoints including door handles, push plates, etc. Spot wipe glass doors, frames and any sidelight glass. Sweep or vacuum any hard surface floors. Vacuum any carpet or matting. Damp mop any hard surface floors. Spot wipe vertical surfaces removing spills, smudges, etc. Spot wipe entry thresholds. Dust high and low surfaces within reach - especially corners. 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk Weekly Weekly Weekly Page 17 of 30 Fitness Center Remove any trash or recycle. Spot wipe and replace liners as needed. Dust mop or vacuum hard surface floors. Spot wipe mirrors removing spills, smudges, etc. Dust high and low horizontal surfaces within reach. Edge vacuum around equipment and in corners and edges of room. 5 x / Wk 5 x / Wk Weekly Weekly Monthly Lobby Areas Remove any trash or recycle. Spot wipe and replace liners as needed. Disinfect vertical touchpoints including door handles, push plates, etc. Dust mop or vacuum hard surface floors. Damp mop or autoscrub floor removing visible residue. Dust high and low horizontal surfaces within reach. Spot wipe vertical surfaces removing spills, smudges, etc. Dust and spot wipe any sills or ledges removing spills, smudges, etc. Dust and spot wipe furniture and fixtures in need. Brush or vacuum furniture in need. 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk Weekly Weekly Weekly Weekly Weekly Office Areas – Private and Cubicles Remove any trash or recycle. Spot wipe and replace liners as needed. Disinfect vertical touchpoints including door handles, push plates, etc. Vacuum carpet removing visible debris. Full wall to wall vacuum Dust high and low horizontal surfaces within reach. Spot wipe vertical surfaces removing spills, smudges, etc. Dust and spot wipe any counters, ledges or other furniture in need. Brush or vacuum carpet edges in need. 5 x / Wk 5 x / Wk 5 x / Wk Weekly Weekly Weekly Weekly Monthly Restrooms Prepare to safely clean while wearing protective gloves & eye wear. Disinfect vertical touchpoints including door handles, push plates, etc. Carefully apply bowl cleaner to toilets and urinals. Allow to dwell. Fill all dispensers. Clean and polish as needed. Spray and wipe sinks, vanity and mirror. Spot wipe surrounding walls. Carefully swab the inside of toilet bowls and urinals. Spray and sanitize wipe toilets and urinals. Spot wipe walls and partitions. Empty any sanitary disposal boxes and replace liner. Clean and polish. Carefully remove trash and replace liner. Clean and polish. Sweep and wet mop the floor. Dust partition tops and vents in need. 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk 5 x / Wk Monthly These revised cleaning specifications include additional touchpoint disinfection and sanitization services to help reduce the spread of microbes (“Microbial Preventative Services”). Given the unpredictable spread of COVID-19 and other viral and bacterial microorganisms, Customer understands and agrees: (i) The Microbial Preventative Services are preventative in nature; (ii) Marsden is not a consultant and cannot advise Customer on the appropriate level of Microbial Preventative Services for Customer’s facility; and (iii) Marsden cannot guarantee the effectiveness of the Microbial Preventative Services at preventing infection, that Customer’s facility will be free of microbes, or that people who enter the facility will not get sick. MARSDEN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE MICROBIAL Page 18 of 30 PREVENTATIVE SERVICES. MARSDEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR THAT SUCH MICROBIAL PREVENTION SERVICES WILL BE FIT FOR CUSTOMER’S PARTICULAR PURPOSE. City of Lino Lakes ______________________________ Signature ______________________________ Title ______________________________ Date Page 19 of 30 Disinfecting Specifications for Lino Lakes Public Works Community Room Remove any trash or recycle. Spot wipe and replace liners as needed. Disinfect vertical touchpoints including door handles, push plates, etc. Damp wipe tables in need using sanitizing cleaner. Spot brush or spot wipe chairs in need. Spray and wipe sink and counter. Dust mop or vacuum hard surface floors. Damp mop floor removing visible residue. Spot wipe vertical surfaces removing spills, smudges, etc. Dust high and low horizontal surfaces within reach. 3 x / Wk 3 x / Wk 3 x / Wk 3 x / Wk 3 x / Wk 3 x / Wk 3 x / Wk Weekly Weekly Corridors Disinfect vertical touchpoints including door handles, push plates, etc. Disinfect drinking fountains and polish as needed. Vacuum carpet and hard surface floors removing visible debris. Dust high and low horizontal surfaces within reach. Spot wipe vertical surfaces removing spills, smudges, etc. Brush or vacuum carpet and hard floor edges in need. 3 x / Wk 3 x / Wk 3 x / Wk Weekly Weekly Monthly Entrances Remove any trash and clean out any ash urns. Spot wipe as needed. Police / spot sweep exterior entry area in front of doors. Disinfect vertical touchpoints including door handles, push plates, etc. Spot wipe glass doors, frames and any sidelight glass. Sweep or vacuum any hard surface floors. Vacuum any carpet or matting. Damp mop any hard surface floors. Spot wipe vertical surfaces removing spills, smudges, etc. Spot wipe entry thresholds. Dust high and low surfaces within reach - especially corners. 3 x / Wk 3 x / Wk 3 x / Wk 3 x / Wk 3 x / Wk 3 x / Wk 3 x / Wk Weekly Weekly Weekly Office Areas Remove any trash or recycle. Spot wipe and replace liners as needed. Disinfect vertical touchpoints including door handles, push plates, etc. Vacuum carpet removing visible debris. Full wall to wall vacuum Dust high and low horizontal surfaces within reach. Dust and spot wipe any counters, ledges or other furniture in need. Brush or vacuum carpet edges in need. 3 x / Wk 3 x / Wk 3 x / Wk Weekly Weekly Weekly Monthly Page 20 of 30 Restrooms Prepare to safely clean while wearing protective gloves & eye wear. Disinfect vertical touchpoints including door handles, push plates, etc. Carefully apply bowl cleaner to toilets and urinals. Allow to dwell. Fill all dispensers. Clean and polish as needed. Spray and wipe sinks, vanity and mirror. Spot wipe surrounding walls. Carefully swab the inside of toilet bowls and urinals. Spray and sanitize wipe toilets and urinals. Spot wipe walls and partitions. Empty any sanitary disposal boxes and replace liner. Clean and polish. Carefully remove trash and replace liner. Clean and polish. Sweep and wet mop the floor. Dust partition tops and vents in need. 3 x / Wk 3 x / Wk 3 x / Wk 3 x / Wk 3 x / Wk 3 x / Wk 3 x / Wk 3 x / Wk 3 x / Wk 3 x / Wk Monthly Storage Room Remove any trash or recycle. Spot wipe and replace liners as needed. Vacuum carpet removing visible debris. Full wall to wall vacuum. Dust high and low horizontal surfaces within reach. Dust and spot wipe any counters, ledges or other furniture in need. Brush or vacuum carpet edges in need. 3 x / Wk 3 x / Wk Weekly Weekly Weekly Monthly These revised cleaning specifications include additional touchpoint disinfection and sanitization services to help reduce the spread of microbes (“Microbial Preventative Services”). Given the unpredictable spread of COVID-19 and other viral and bacterial microorganisms, Customer understands and agrees: (i) The Microbial Preventative Services are preventative in nature; (ii) Marsden is not a consultant and cannot advise Customer on the appropriate level of Microbial Preventative Services for Customer’s facility; and (iii) Marsden cannot guarantee the effectiveness of the Microbial Preventative Services at preventing infection, that Customer’s facility will be free of microbes, or that people who enter the facility will not get sick. MARSDEN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE MICROBIAL PREVENTATIVE SERVICES. MARSDEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR THAT SUCH MICROBIAL PREVENTION SERVICES WILL BE FIT FOR CUSTOMER’S PARTICULAR PURPOSE. City of Lino Lakes ______________________________ Signature ______________________________ Title ______________________________ Date Page 21 of 30 Disinfecting Specifications for Fire Station #1 Corridors Disinfect vertical touchpoints including door handles, push plates, etc. Disinfect drinking fountains and polish as needed. Vacuum carpet and hard surface floors removing visible debris. Dust high and low horizontal surfaces within reach. Spot wipe vertical surfaces removing spills, smudges, etc. Brush or vacuum carpet and hard floor edges in need. 2 x / Wk 2 x / Wk 2 x / Wk Weekly Weekly Monthly Break Areas/Training Room Remove any trash or recycle. Spot wipe and replace liners as needed. Disinfect vertical touchpoints including door handles, push plates, etc. Disinfect tables. Spot brush or spot wipe chairs in need. Spray and wipe sink and counter. Dust mop or vacuum hard surface floors. Damp mop floor removing visible residue. Spot wipe vertical surfaces removing spills, smudges, etc. Dust high and low horizontal surfaces within reach. Brush or vacuum carpet edges in need. 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk Weekly Weekly Monthly Entrances Remove any trash and clean out any ash urns. Spot wipe as needed. Police / spot sweep exterior entry area in front of doors. Disinfect vertical touchpoints including door handles, push plates, etc. Spot wipe glass doors, frames and any sidelight glass. Sweep or vacuum any hard surface floors. Vacuum any carpet or matting. Damp mop any hard surface floors. Spot wipe vertical surfaces removing spills, smudges, etc. Spot wipe entry thresholds. Dust high and low surfaces within reach - especially corners. 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk Weekly Weekly Weekly Office Areas Remove any trash or recycle. Spot wipe and replace liners as needed. Disinfect vertical touchpoints including door handles, push plates, etc. Damp wipe tables in need using sanitizing cleaner. Vacuum carpet removing visible debris. Spot wipe vertical surfaces removing spills, smudges, etc. Full wall to wall vacuum Dust high and low horizontal surfaces within reach. Dust and spot wipe any counters, ledges or other furniture in need. Brush or vacuum carpet edges in need. 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk Weekly Weekly Weekly Weekly Monthly Page 22 of 30 Restrooms Prepare to safely clean while wearing protective gloves & eye wear. Disinfect vertical touchpoints including door handles, push plates, etc. Carefully apply bowl cleaner to toilets and urinals. Allow to dwell. Fill all dispensers. Clean and polish as needed. Spray and wipe sinks, vanity and mirror. Spot wipe surrounding walls. Carefully swab the inside of toilet bowls and urinals. Spray and sanitize wipe toilets and urinals. Spot wipe walls and partitions. Empty any sanitary disposal boxes and replace liner. Clean and polish. Carefully remove trash and replace liner. Clean and polish. Sweep and wet mop the floor. Dust partition tops and vents in need. 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk Monthly These revised cleaning specifications include additional touchpoint disinfection and sanitization services to help reduce the spread of microbes (“Microbial Preventative Services”). Given the unpredictable spread of COVID-19 and other viral and bacterial microorganisms, Customer understands and agrees: (i) The Microbial Preventative Services are preventative in nature; (ii) Marsden is not a consultant and cannot advise Customer on the appropriate level of Microbial Preventative Services for Customer’s facility; and (iii) Marsden cannot guarantee the effectiveness of the Microbial Preventative Services at preventing infection, that Customer’s facility will be free of microbes, or that people who enter the facility will not get sick. MARSDEN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE MICROBIAL PREVENTATIVE SERVICES. MARSDEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR THAT SUCH MICROBIAL PREVENTION SERVICES WILL BE FIT FOR CUSTOMER’S PARTICULAR PURPOSE. City of Lino Lakes ______________________________ Signature ______________________________ Title ______________________________ Date Page 23 of 30 Disinfecting Specifications for Fire Station #2 Corridors Disinfect vertical touchpoints including door handles, push plates, etc. Disinfect drinking fountains and polish as needed. Vacuum carpet and hard surface floors removing visible debris. Dust high and low horizontal surfaces within reach. Spot wipe vertical surfaces removing spills, smudges, etc. Brush or vacuum carpet and hard floor edges in need. 2 x / Wk 2 x / Wk 2 x / Wk Weekly Weekly Monthly Dayroom Remove any trash or recycle. Spot wipe and replace liners as needed. Disinfect vertical touchpoints including door handles, push plates, etc. Disinfect tables. Spot brush or spot wipe chairs in need. Spray and wipe sink and counter. Dust mop or vacuum hard surface floors. Damp mop floor removing visible residue. Spot wipe vertical surfaces removing spills, smudges, etc. Dust high and low horizontal surfaces within reach. Brush or vacuum carpet edges in need. 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk Weekly Weekly Monthly Entrances Remove any trash and clean out any ash urns. Spot wipe as needed. Police / spot sweep exterior entry area in front of doors. Disinfect vertical touchpoints including door handles, push plates, etc. Spot wipe glass doors, frames and any sidelight glass. Sweep or vacuum any hard surface floors. Vacuum any carpet or matting. Damp mop any hard surface floors. Spot wipe vertical surfaces removing spills, smudges, etc. Spot wipe entry thresholds. Dust high and low surfaces within reach - especially corners. 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk Weekly Weekly Weekly Office Areas and Dispatch Room Remove any trash or recycle. Spot wipe and replace liners as needed. Disinfect vertical touchpoints including door handles, push plates, etc. Damp wipe tables in need using sanitizing cleaner. Vacuum carpet removing visible debris. Spot wipe vertical surfaces removing spills, smudges, etc. Full wall to wall vacuum Dust high and low horizontal surfaces within reach. Dust and spot wipe any counters, ledges or other furniture in need. Brush or vacuum carpet edges in need. 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk Weekly Weekly Weekly Weekly Monthly Page 24 of 30 Restrooms Prepare to safely clean while wearing protective gloves & eye wear. Disinfect vertical touchpoints including door handles, push plates, etc. Carefully apply bowl cleaner to toilets and urinals. Allow to dwell. Fill all dispensers. Clean and polish as needed. Spray and wipe sinks, vanity and mirror. Spot wipe surrounding walls. Carefully swab the inside of toilet bowls and urinals. Spray and sanitize wipe toilets and urinals. Spot wipe walls and partitions. Empty any sanitary disposal boxes and replace liner. Clean and polish. Carefully remove trash and replace liner. Clean and polish. Sweep and wet mop the floor. Dust partition tops and vents in need. 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk 2 x / Wk Monthly These revised cleaning specifications include additional touchpoint disinfection and sanitization services to help reduce the spread of microbes (“Microbial Preventative Services”). Given the unpredictable spread of COVID-19 and other viral and bacterial microorganisms, Customer understands and agrees: (i) The Microbial Preventative Services are preventative in nature; (ii) Marsden is not a consultant and cannot advise Customer on the appropriate level of Microbial Preventative Services for Customer’s facility; and (iii) Marsden cannot guarantee the effectiveness of the Microbial Preventative Services at preventing infection, that Customer’s facility will be free of microbes, or that people who enter the facility will not get sick. MARSDEN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE MICROBIAL PREVENTATIVE SERVICES. MARSDEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR THA T SUCH MICROBIAL PREVENTION SERVICES WILL BE FIT FOR CUSTOMER’S PARTICULAR PURPOSE. City of Lino Lakes ______________________________ Signature ______________________________ Title ______________________________ Date Page 25 of 30 Page 1 of 2 Services Agreement THIS JANITORIAL and MICROBIAL PREVENTATIVE SERVICES AGREEMENT (“Agreement”) is effective by and between Marsden Bldg Maintenance, LLC (hereinafter referred to as "VENDOR"), and City of Lino Lakes (hereinafter referred to as "Customer") (VENDOR and Customer shall be collectively referred to as the “Parties”). 1. Engagement. Customer engages and hereby employs VENDOR as an independent contractor to provide janitorial and microbial preventative services for the building(s) located at 600 Town Center Parkway, Lino Lakes, MN 55104, 1189 Main Street Lino Lakes, MN 55104,7741 Lake Drive, Lino Lakes, MN 55104, and 1710 Birch Street, Hugo, MN 55038 to begin on January 11, 2021. 2. Term. This agreement shall be considered "month to month" in nature, and may be cancelled by VENDOR or Customer, with or without cause, upon giving thirty (30) days written notice. 3. Services. The janitorial and microbial preventative services and levels of service available from VENDOR are identified on the attached Exhibit A. If Customer desires VENDOR to provide additional services, products, and/or equipment beyond the scope of the Services identified in the Exhibit A, the Parties shall mutually agree in writing as to whether, and on what terms, the additional services, products and/or equipment shall be provided. VENDOR agrees to provide products and equipment necessary to perform the services described in the attached Exhibit A. 4. Compensation. Customer shall compensate VENDOR for the Services in the amount of $3,856.00 per month for 5x per week Janitorial Services at 600 Town Center Parkway, Lino Lakes, MN, $1,044.60 per month for 3x per week Janitorial Services at 1189 Main Street, Lino Lakes, MN, $631.58 per month for 2x per week Janitorial Services at 7741 Lake Drive, Lino Lakes, MN 55104, and $691.82 per month for 2x per week Janitorial Services at 1710 Birch Street, Hugo, MN 55038 per month. Customer agrees that the compensation is subject to escalation by reason of increases in the State or Federal Minimum Wage law as well as any consumables pricing change as manufacturers pass increases to VENDOR’s distributor. VENDOR will attempt to provide Customer with advanced notice in the case of such an increase. 5. Payment Terms. VENDOR invoice terms call for payment net 10 days upon receipt. VENDOR does not accept payment by credit card. Interest will accrue on all invoices that are not paid in full within 10 days of the date of the invoice at the rate of 18% per annum. Failure to pay invoices within ten (10) days will be considered a breach of this contract and could result in discontinuance of our services without prior notice. VENDOR shall be entitled to recover all legal costs incurred (including reasonable attorneys’ fees) in collecting payment from Customer. Any deviations from these payment terms must be approved in writing by VENDOR. 6. Insurance. VENDOR shall maintain workers’ compensation, bodily injury and property damage liability insurance for the term of this Agreement. Certificate naming Customer as additional insured is available upon request. 7. Warranty Disclaimer. Customer understands and agrees: (i) the Microbial Preventative Services are preventative in nature; (ii) VENDOR is not a consultant and cannot advise Customer on the appropriate level of service for Customer’s facility; and (iii) VENDOR cannot and does not guarantee the effectiveness of the Microbial Preventative Services at preventing infection, that Customer’s facility will be free of microbes, or that people who enter the facility will not get sick. VENDOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE MICROBIAL PREVENTATIVE SERVICES. VENDOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR THAT SUCH MICROBIAL PREVENTATIVE SERVICES WILL BE FIT FOR CUSTOMER’S PARTICULAR PURPOSE. 8. Indemnification. VENDOR shall defend, indemnify and hold Customer harmless from and against all claims, liability, costs, or expenses for any injury or death to any person or damage to any property arising out of or in any way relating to any act or omission of VENDOR at VENDOR’s sole expense, except for any illness, injury, claims, liability, costs, or expenses arising from or relating in any way to any microbial, viral, or bacterial outbreaks or infections. Customer shall defend, indemnify and hold VENDOR harmless from and against all claims, liability, costs, or expenses for any injury or death to any person or damage to any property arising out of or in any way relating to any act or omission of Customer at Customer’s sole expense. 9. Limitation of Liability. VENDOR shall not be liable for indirect or consequential, incidental, exemplary, punitive or special damages, including, without limitation, business interruption, lost business, or lost profits damages, even if such VENDOR has been advised of the possibility of such Page 26 of 30 Page 2 of 2 Rev. 3/2020 damages in advance. Notwithstanding anything contained in this Agreement to the contrary, should VENDOR be found liable for any losses hereunder for any reason, the sole and exclusive remedy of Customer, whether in contract or tort, shall be limited to Customer’s actual and direct damages, and shall in no event exceed Two Hundred and Fifty Thousand Dollars ($250,000.00), such amounts to be inclusive of any defense costs. 10. Safe Work Environment. VENDOR agrees to maintain a safe work environment and to follow all safety regulations relating to the services being provided, subject to the disclaimer of warranties in this Agreement. Customer agrees to provide VENDOR with a safe environment and to provide information on anything within the building that could pose a hazard to VENDOR employees such as asbestos, hazardous chemicals, etc. 11. Storage Area. Customer agrees to provide storage space, and access to water for product dilution dispensing. 12. Non-Solicitation. Both parties agree that they will not directly or indirectly hire personnel from the other party's employment during and for up to one year after the termination of this agreement, unless agreed upon in writing by both parties. In the event that such mutual consent is not obtained, the hiring party hereby agrees to compensate the other part in the amount of thirty- three percent (33%) of the annualized wages of the person hired payable before start date. 13. Force Majeure. VENDOR shall not be liable or responsible for providing the Microbial Preventative Services, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond VENDOR’S reasonable control, including, without limitation, the following events: (a) acts of God; (b) flood, fire, earthquake, epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action or orders by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; or (i) shortage of adequate power or transportation facilities. 14. Assignment. All of the rights, benefits, duties, liabilities and obligations of the parties shall inure to the benefit of and be binding upon the parties’ respective successors and assigns. 15. Modification. No provision of this Agreement shall be modified, waived, or discharged unless such waiver, modification or discharge is agreed to in writing signed by parties hereto. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter of this Agreement have been made by either party which are not set forth expressly in this Agreement. 16. Governing Law. This Agreement shall be interpreted, enforced and governed in accordance with the law of the state in which Customer’s facility is located as identified in Paragraph 1 of this Agreement. Marsden Bldg Maintenance, LLC By: _____________________________ It’s: David Ketcham, Vice President of Business Development Date: ___________________________ City of Lino Lakes By: _____________________________ It’s:_____________________________ Date: ___________________________ BY Page 27 of 30 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/10/2020 Marsh &McLennan Agency LLC 7225 Northland Drive Suite 300 Minneapolis MN 55428 MaryPat Thorp marypat.thorp@marshmma.com Greenwich Insurance Company 22322 MARSDEN National Fire &Marine Insurance Co 20079MarsdenBldgMaintenance,LLC 1717 University Avenue West St.Paul,MN 55104 XL Insurance America,Inc.24554 1638703043 A X 2,000,000 X 1,000,000 5,000 2,000,000 4,000,000 X X RGD943761807 1/1/2020 1/1/2021 5,000,000 A 2,000,000 X RAD943762007 1/1/2020 1/1/2021 B X X 10,000,00042XSF303236041/1/2020 1/1/2021 10,000,000 C C X N RWD943538907 RWR943539007 1/1/2020 1/1/2020 1/1/2021 1/1/2021 1,000,000 1,000,000 1,000,000 Workers Compensation policy (RWD943538907)includes Employers Liability coverage for the state of Ohio. Evidence of Insurance Page 28 of 30 Page 29 of 30 Page 30 of 30 CLIENTPOINT DOWNLOAD RECEIPT ------------------------------------------------------------------- DOWNLOADED: 12-02-2020 CLIENTPOINT ID: 473095 WS – Item 8 WORK SESSION STAFF REPORT Work Session Item No. 8 Date: December 7, 2020 To: City Council From: Lisa Hogstad-Osterhues Re: Annual Advisory Board Appointments Background Openings for the City’s advisory boards were advertised and applications have been received for terms expiring December 31, 2020. Attached is an outline of the applicants for each of the boards or committee. - Environmental Board – 2 seats, 4 applicants - Planning & Zoning Board – 3 seats, 3 applicants - EDAC – 2 seats, 2 applicants - Park Board 2 seats, 1 applicant Requested Council Direction 1. Establish a date to interview applicants if so desired 2. Appoint incumbents to P & Z, EDAC and the Park Board and interview only new applicants 3. Interview incumbents and new applicants on the Environmental Board Attachments Advisory Board Applicant List WS – Item 8 Attachment 2021 Advisory Board Applicants Environmental Board - 2 Seats, 4 Applicants 1. Paula Andrzejewski (Incumbent) 2. John Sullivan (Incumbent) 3. Kortney Jendro (New) 4. Jonathan Parsons (New) Planning & Zoning - 3 Seats, 3 Applicants 1. Paul Tralle (Incumbent) 2. Nate Vojtech (Incumbent) 3. Isaac wipperfurth (New) Park Board – 2 Seats, 1 Applicant 1. Clark Gooder (Incumbent) EDAC – 2 Seats, 2 Applicants 1. Julie Jeffrey-Schwartz (Incumbent) 2. Andrew Cravero (Incumbent)