HomeMy WebLinkAboutResolution 8875RESOLUTION 8875
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE HIJ LAW FIRM TO PROVIDE PROSECUTORIAL SERVICES FOR
THE CITY OF MOUNDS VIEW POLICE DEPARTMENT
WHEREAS, the Mounds View Police Department reviewed a proposed RFP with the
City Council for prosecutorial services at the November 13th City Council meeting; and
and
WHEREAS, the City Council approved the proposed RFP to be sent to five legal firms;
WHEREAS, all five ferns provided responses; and
WHEREAS, three firms with direct Ramsey County experience were interviewed by a
selection panel; and
WHEREAS, the selection panel used the criteria of: providing for the best longevity,
training, service, and value to the Mounds View Police department; and
WHEREAS, the selection panel has recommended the H/J Law Firm as best meeting
those criteria for City prosecutorial services.
NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council does
hereby approve the WJ Law firm for prosecutorial services. The term is effective January 1,
2018 for three years at $73,500 per year with a review after one year. The Mayor and Interim
City Administrator are authorized to sign the attached agreement.
Adopted this 11th day of December, 2017.
Carol A. Mueller, Mayor
ATTEST:
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Nyle ilcmur , Interim City Administrator
(SEAL):
LOAN ORIGINATION AGREEMENT
This LOAN ORIGINATION AGREEMENT (“Agreement”) is made by and between the ECONOMIC
DEVELOPMENT AUTHORITY in and for the City of Mounds View, with offices at 2401 Mounds View Blvd,
Mounds View, MN 55112 (“Authority”), and CENTER FOR ENERGY AND ENVIRONMENT, with offices at
rd
212 3 Avenue North, Suite 560, Minneapolis, Minnesota 55401 (“CEE”).
RECITALS
A. The Authority has a need for certain professional services and desires to retain CEE to
provide said services, all subject to the terms and conditions contained in this Agreement.
B. CEE is qualified to provide the desired professional services and desires to provide said
services for the Authority, all subject to the terms and conditions contained in this
Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained in this
Agreement, the parties agree as follows:
1. Services/Scope of Work
1.1 CEE shall, as directed by the Authority, develop and deliver the City of Mounds View Loan
Programs (hereinafter the “Program”) which are more fully described in Exhibit A, attached hereto.
All activities delivered under the Program shall be coordinated with the Authority’s designated
representative, who shall be the Finance Director, Mark Beer, or the Business Development
Coordinator, Brian Beeman.
The exclusive source of funding for the Program is the Authority.
2. Compensation
2.1 The Authority shall compensate CEE for services provided under this Agreement
according to the following schedule and as is more fully described in Exhibit B attached hereto:
Loan Set-Up Fee $1,500.00
The Authority shall pay CEE a one time loan set-up fee. This shall compensate CEE for time and
labor to create the loan program.
Loan Origination Fee $550.00
The Authority shall pay CEE an Origination Fee for each loan closed using the Program. The
Origination Fee shall compensate CEE for assisting borrowers with loan applications,
preparation of loan documents, loan closings, and other direct costs of processing loans
pursuant to the Program. Mortgage filing fees, credit reports, flood insurance, title work, and a
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1% origination fee shall be paid directly by the borrower. CEE shall provide the Authority with
a copy of all closing documents, including the loan note and mortgage, as documentary
evidence of all loan closings.
Post Installation Inspection Fee (PII) and Emergency Deferred Loan Inspection $100.00
The Authority shall pay CEE a fee for each post-installation inspection (“PII”) and emergency
deferred loan inspection completed. The PII inspection shall be performed by CEE whenever
the project does not require a building permit to verify the work was completed. The
emergency deferred loan inspection shall be required to determine project eligibility for the
emergency deferred loan program.
The Authority shall compensate CEE only for services completed.
Upon request, CEE will provide marketing services for the following fees:
CEE Labor $65
Hourly rates are inclusive of all overhead expenses and will be charged only for hours directly
related to marketing. CEE will be reimbursed by the Authority for any non-labor, out-of-pocket
expenses, relating to these services on a dollar-for-dollar basis with no mark-up.
2.2 CEE shall invoice the Authority not more than two times each month for the principal of loans
and administrative fees. The Authority shall pay CEE within 20 days of receipt of the invoice.
3. Authority’s Obligations
3.1 If requested by CEE, the Authority shall make reasonable efforts to respond promptly to
requests from CEE for information and approvals regarding the services to be provided
under this Agreement.
3.2 If requested by CEE, the Authority shall make reasonable efforts to obtain information and
or permission for access from clients which may be necessary for CEE to provide the
services under this Agreement.
3.3 The Authority shall provide sufficient funding to fund eligible Authority-funded loans. The
Authority shall determine the amount of funds allocated to the Program.
3.4 The Authority shall establish eligibility for the Program and shall provide these criteria in
writing to CEE prior to commencement of any marketing efforts.
3.5 The Authority shall make reasonable efforts to respond promptly to requests from CEE for
information and approvals regarding the services to be provided under this Agreement.
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4. CEE’s Obligations
4.1 CEE shall use its best efforts to provide services under this Agreement in a professional
manner consistent with the care and skill used by reputable members of CEE’s profession.
4.2 CEE, and all of its employees or agents, shall comply with all statutes, ordinances, rules,
regulations, and other laws applicable to the provision of services under this Agreement.
4.3 CEE shall secure all permits and licenses required for performance of the services under this
Agreement.
4.4 CEE shall not engage in discriminatory employment practices against any employee or
applicant for employment and shall in all respects comply with all federal, state, and local
laws, regulations and orders, including without limitation, Chapter 363 of the Minnesota
Statutes, as amended from time to time. Failure to comply with the provisions hereof shall be
deemed a material default under this Agreement.
5. Term and Termination
5.1 Unless earlier terminated as provided in the following paragraphs, this Agreement shall
become effective on January 1, 2018, and continue through December 31, 2018. Thereafter,
the Agreement shall automatically renew for successive one (1) year periods, unless CEE or
the Authority provides written notice of non-renewal to the other party at least sixty (60) days
before the end of the current term.
5.2 This Agreement may be terminated by either party, without cause, immediately upon written
notice to the other party. In the event that this Agreement is terminated by CEE prior to the
expiration of the term set forth in paragraph 5.1, the Authority shall compensate CEE for all
services delivered up the date of termination and CEE shall provide the Authority with such
information as the Authority may request regarding the status of the Program.
5.3 Each party’s respective obligations under sections 7 and 8 of this Agreement shall survive any
termination exercised pursuant to this section.
6. Insurance
6.1 During the term of this Agreement, CEE will obtain and at all times maintain insurance in
the amounts, at a minimum, listed below:
General Liability $2,000,000 Aggregate Limit
Automobile Liability $1,000,000 Combined Single Limit
Excess Liability $1,000,000 Aggregate Limit
Workers Compensation Statutory Limits
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7. Liability and Indemnification
7.1 CEE represents that the services to be provided under this Agreement are reasonable in
scope and that CEE has the experience and ability to provide such services.
7.2 CEE warrants that any services provided hereunder shall be done in a professional and
workmanlike manner.
7.3 CEE shall indemnify, defend, and hold harmless the Authority and its officers, directors,
employees, and agents from and against any and all claims, damages, losses, injuries, and
expenses (including attorneys’ fees and damages for death, personal injury and property
damage) which Authority may incur as a result of any act or omission by CEE in providing
services under this Agreement.
7.4 The Authority shall indemnify, defend, and hold harmless CEE and its officers, directors,
employees, and agents from and against any and all claims, damages, losses, injuries, and
expenses (including attorneys’ fees and damages for death, personal injury and property
damage) which CEE may incur as a result of any act or omission by Authority in discharging
its duties under this Agreement.
8. Confidentiality
Unless otherwise agreed by Authority in writing, CEE shall maintain in confidence and not disclose
to any third party any information obtained regarding the Authority and/or any of Authority’s
clients for which CEE is providing services; provided, however, that this obligation to maintain
confidentiality shall not apply to:
a) Information in the public domain at the time of disclosure;
b) Information which becomes part of the public domain after disclosure through no fault
of CEE; or
c) Information which CEE can demonstrate was known by it prior to the date of this
Agreement.
Notwithstanding the foregoing, CEE shall be entitled to disclose the documents or client
information covered by this paragraph to governmental authorities to the extent CEE reasonably
believes it has a legal obligation to make such disclosures and to the extent CEE reasonably
deems to be necessary; provided, however, that if CEE believes that any such disclosure is
required by law, it shall provide advance notice to the Authority to provide the Authority with a
reasonable opportunity to attempt to obtain an injunction or other protective order preventing
such disclosure.
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Notwithstanding any provision contained herein, CEE shall be subject to the provisions of the
Minnesota Government Data Practices Act, Minnesota Statues, Chapter 13, as provided in
Minnesota Statutes, Section 13.05, subd. 6, with respect to the administration of this Agreement
and all data related thereto.
9. Relationship of Parties
CEE will provide services as an independent contractor under this Agreement. Neither CEE,
nor any of its employees or agents, shall be considered employees of the Authority for any
purpose, and neither shall CEE be eligible for any compensation or benefits which the
Authority may provide to its employees from time to time. CEE shall be solely responsible for
all employment and other taxes applicable to providing services hereunder, and the
Authority will not withhold any taxes or contributions from the compensation payable to CEE
under this Agreement.
10. Notices
All notices, requests, demands, and other communications required to be given in writing
under this Agreement shall be given to the other party in person or by mail as provided in
this section. If delivered personally, notice shall be deemed to have been duly given on the
date of delivery. If delivered by mail, such notice shall be sent via first class U.S. mail,
postage prepaid, to the address set forth at the beginning of this Agreement or such other
address as a party may otherwise request by written notice, and notice shall be deemed duly
given three (3) business days after mailing.
11. Assignment
This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, successors, and assigns; provided, however, that neither party shall assign
or transfer in any manner, this Agreement or any portion hereof without the prior written
consent of the other party, and any attempt to assign or transfer without prior written
consent shall be void and of no effect.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State
of Minnesota. Any disputes arising under this Agreement shall be venued in the Ramsey
County district courts.
13. Miscellaneous
13.1 Headings and captions used in this Agreement are for convenience only and shall not affect
the meaning of this Agreement.
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13.2 This Agreement contains the entire agreement of the parties and supersedes all prior
agreements, discussions, and representations, written or oral, concerning the subject
matter hereof.
13.3 No waiver by the Authority of any term or condition of this Agreement or any document
referred to herein, whether by conduct or otherwise, shall be construed as a waiver or
release of any other term or condition of this Agreement.
13.4 This Agreement may only be amended in a written agreement signed by both parties.
13.5 Except as expressly set forth in section 7 herein, the rights and benefits under this
Agreement shall inure solely to the benefit of the Authority and CEE, and this Agreement
shall not be construed to give any rights, benefits, or causes of action to any third party.
13.6 The invalidity or partial invalidity of any provision of this Agreement shall not invalidate the
remaining provisions, and the remainder shall be construed as of the invalidated portion
shall have never been a part of this Agreement.
13.7 CEE shall comply with the provisions of Minnesota Statutes Chapter 13 (Government Data
Practices) that are applicable to the Authority and shall not disseminate any information
concerning loan requests of the borrowers without the prior written approval of the
Authority.
13.8 This Agreement may be signed in any number of counterparts, each of which shall be
deemed an original and one and the same instrument.
\[SIGNATURE PAGE FOLLOWS\]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
ECONOMIC DEVELOPMENT AUTHORITY
in and for the City of Minnetonka
By: Its: Mayor/EDA President
Carol Mueller
By: Its: Interim City Administrator/Executive EDA Director
Nyle Zikmund
Date:
CENTER FOR ENERGY & ENVIRONMENT
By: Its: Corporate Secretary
Jennifer Amendt
Date: Tax ID # 41-1647799
CEE #2606
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