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Mark Beer From: Biggerstaff, Andrew M. <ABiggerstaff@Ken nedy-Graven.com> Sent: Monday, September 18, 2017 3:20 PM To: Mark Beer; Riggs, Scott J. Cc: Short, Jean M.; Nyle Zikmund Subject: RE: Edits to Marketing Agreement Mark, Thanks for the update. With respect to the comments provided, I think it's up to the City at this point. Based on the terms of this Agreement, USP is getting the ability to use the City's logo in its marketing, essentially holding the City and USP out as partners with respect to the product offered. I think that it is inevitable that should a problem arise, some residents may equate those marketing materials, and that partnership, as a sign that the City should be responsive to any issues that arise. That is one of the reasons that we include those types of mandatory customer service provisions in agreements like these, to hold companies accountable when the City learns that they are not providing satisfactory service to the customers/residents. That said, I think it's a policy question whether the City is satisfied with the other terms of this Agreement. For instance, the City, in return for allowing USP to use its logo and whatnot, will receive some financial benefit. Maybe that's enough to justify the relationship. The benefit to requiring some level of customer service satisfaction was that failure to achieve that benchmark would give the City the ability to terminate the contract and force USP to stop using the City's marketing materials. Based upon my previous note, I am not aware of any issues that have arisen related to this product in other communities. Based on that, I think that it is probably acceptable to move forward without the addition of such a provision, but that is a policy question that should be ultimately considered and decided by the City. Please let us know if you have any questions. Thanks Andrew Andrew M. Biggerstaff I Attorney I Kennedy & Graven, Chartered 1470 U.S. Bank Plaza 1 200 South Sixth Street I Minneapolis, MN 55402 1 direct: 612.337.9276 1 fax: 612.337.9310 1 e-mail: abiggerstaffftennedv-eraven.com From: Mark Beer [mailto:mark.beer@ci.mounds-view.mn.usj Sent: Monday, September 18, 2017 8:56 AM To: Biggerstaff, Andrew M.; Riggs, Scott J. Cc: Short, Jean M.; Nyle Zikmund Subject: FW: Edits to Marketing Agreement Importance: High Andrew, see USP's comments below regarding dispute resolution. Thoughts? Mark Mark Beer, CPA Finance Director City of Mounds View