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Home My WebLink AboutAgenda Packets - 2017/09/25CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, September 25, 2017 6:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Mueller, Gunn, Hull, Meehlhause, Bergeron 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES 0 6. CONSENT AGENDA A. Just and Correct Claims B. Set a Public Hearing at 6:00 pm, October 9, 2017 to Consider Adopting a Special Assessment Levy for Delinquent Public Utility Accounts C. Set a Public Hearing at 6:00 pm, October 9, 2017 to Consider Adopting a Special Assessment Levy for Unpaid Diseased Tree Charges. D. Resolution 8829, Approving Severance for James Ericson, City Administrator E. Resolution 8831, Approving an Agreement for Building Official Services F. Resolution 8830, Approving a Loan Servicing Agreement with Community Reinvestment Fund G. Resolution 8832 Authorizing a Budget Adjustment for Executive Search Consulting Services 7. PUBLIC COMMENT Citizens may speak to issues not on tonight's agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 8. SPECIAL ORDER OF BUSINESS A. Presentation from Ramsey County Commissioner Mary Jo McGuire 9. COUNCIL BUSINESS A. 6:00 PM Public Hearing, Introduction and First Reading of Ordinance 937, an Ordinance Granting a Cable Franchise to Comcast of Minnesota, Inc. B. Second Reading and Adoption of Ordinance 938, an Ordinance amending Municipal Code, Section .502 regarding On -Sale Intoxicating Liquor Licenses for Movie Theaters (ROLL CALL VOTE) C. Resolution 8825 Approving a Marketing Agreement with Utility Service Partners. D. Resolution 8828 Accepting a Donation from Bethlehem Baptist Church in the Amount of $16,170.50 and Approving Distribution of Funds as Specified 10. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Crossroad Pointe (verbal) C. Reports of City Attorney 11. Next Council Work Session: MONDAY, October 2, 2017 Next Council Meeting: MONDAY, October 9, 2017 12. ADJOURNMENT CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING JUST AND CORRECT CLAIMS AGAINST CITY FUNDS WHEREAS, the City of Mounds View, pursuant to Minnesota Statute 412.141, has full authority over the financial affairs of the City and; WHEREAS, the City Council has reviewed the claim number 18733 through 18743 in the amount of $ 30,578.56 141289 through 141369 in the amount of $ 276,161.03 TOTAL AMOUNT OF CLAIMS PRESENTED $ 306,739.59 And has found said claims to be just and correct; It was moved that the City Council of Mounds View hereby approve the attached list of claims dated 9/26/2017 by the vote ayes nays. Finance Director 9/12/2017 10:13 AM DIRECT PAYABLES CHECK REGISTER PACKET: 01841 Ck Date 9-14-2017 - 8 HANDWRITTEN CHECKS: 0 VENDOR SET: 01 City of Mounds View 0.00 DRAFTS: BANK: PYBNK Western Bank 2 0.00 NON CHECKS: 0 CHECK CHECK VENDOR ----------------------------------------------------------------------------- I.D. NAME TYPE 11 DATE A3035 215.04 AFLAC 128.00 018739 I-51020170914 RD103 AFLAC R 9/14/2017 A9329 Fidelity Security Life 17,411.18 018740 I-62020170914 50790-1492 PLAN 980 R 9/14/2017 L0549 .Vol,.** Law Enforcement Labor Services, 018742 I-70020170914 Police Union Dues R 9/14/2017 M7132 MN Child Support Payment Center 692.60 018743 I-99520170914 Case 90015244278 R 9/14/2017 M7152 MN Child Support Payment Center 1-99720170914 CASE # 001454401101. R 9/14/2017 M7156 MN Child Support Payment Center I-99020170914 4001511549601 R 9/14/2017 N0525 643400 - NCPERS Minnesota I-30020170914 NCPERS Life Ins R 9/14/2017 P9250 Public Employees Retirement Ass I-00120170914 PERA 643400 R 9/14/2017 I-00220170914 PERP 643400 R 9/14/2017 *VOID* 018741 VOID CHECK V 9/14/2017 *VOID* 018742 VOID CHECK V 9/14/2017 54107 Secure Benefits Systems Corp. I-50020170914 Flex Medical R 9/14/2017 I-50320170914 Flex Daycare R 9/14/2017 ** B A N K T O T A L S ** NO# DISCOUNTS REGULAR CHECKS: 9 0.00 HANDWRITTEN CHECKS: 0 0.00 PRE -WRITE CHECKS: 0 0.00 DRAFTS: 0 0.00 VOID CHECKS: 2 0.00 NON CHECKS: 0 0.00 CORRECTIONS: 0 0.00 BANK TOTALS: 11 0.00 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 95.13 TOTAL APPLIED 018733 95.13 0.00 80.04 0.00 018734 80.04 0.00 833.00 0.00 018735 833.00 0.00 887.86 018736 887.86 404.79 018737 404.79 215.04 018738 215.04 128.00 018739 128.00 9,705.92 018740 17,411.18 018740 27,117.10 018741 .Vol,.** 018742 **VOID** 125.00 018743 692.60 018743 817.60 CHECK AMT TOTAL APPLIED 30,578.56 30,578.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30,578.56 30,578.56 9/21/2017 11:08 AM VENDOR SET: Ol City of Mounds View BANK: * ALL RANKS DATE RANGE: 0/00/0000 THRU 99/99/9999 VENDOR I.D. NAME C -CHECK VOID CHECK C -CHECK VOID CHECK C -CHECK VOID CHECK C -CHECK VOID CHECK C -CHECK VOID CHECK C -CHECK VOID CHECK C -CHECK VOID CHECK ** T O T A L S REGULAR CHECKS: HAND CHECKS: DRAFTS: EFT: NON CHECKS: VOID CHECKS: TOTAL ERRORS: 0 VENDOR SET: 01 BANK: * TOTALS: BANK: * TOTALS: A/P HISTORY CHECK REPORT CHECK STATUS DATE V 9/26/2017 V 9/26/2017 V 9/26/2017 V 9/26/2017 V 9/26/2017 V 9/26/2017 V 9/26/2017 PAGE: U CHECK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT 141316 141317 141318 141319 141332 141333 141362 NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 7 VOID DEBITS 0.00 VOID CREDITS 0.00 0.00 0.00 NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT 7 0.00 0.00 0.00 7 0.00 0.00 0.00 9/21/2017 11:08 AM A/P HISTORY CHECK REPORT PAGE: 2 VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT I6560 Innovative Office Solutions, L I-IN1724229-1 Bndr, Protector, etc R 9/12/2017 1412B9 100 4160-1600 OPERATING SUPPLIES Bndr, Protector,. etc 57.21 - I-IN1725795-1 Battery R 9/12/2017 141289 100 4360-1600 OPERATING SUPPLIES Battery 11.00 I-In17260I8-1 Bulletin Board R 9/12/2017 141289 100 4160-1600 OPERATING SUPPLIES Bulletin Board 137.08 I-IN1736491-1 Notebook, Pads, etc R 9/12/2017 141289 100 4160-1600 OPERATING SUPPLIES Notebook, Pads, etc 143.28 348.57 C6515 Community Water Solutions, LLC I-4102 LunchNLearn, Schnur 5 Backed R 9/13/2017 141290 700 4823-3630 TRAINING 6 CONFERENCES LunchNLearn, Schnur 200.00 200.00 1 JOHNSON, JESSE I-000201709156227 US REFUND R 9/26/2017 141291 700 1152 UTILITY DELA. RECIEVABLE 17-3890-01 9.41 9.41 1 ANCONA TITLE 6 ESCRO I-000201709156226 US REFUND R - 9/26/2017 141292 700 1152 UTILITY DELQ. RECIEVABLE 17-5400-00 32.71 32.71 00311 American Quality Homes LLC I-201709186229 3025 Bronson Ref Escrow R 9/26/2017 141293 100 2320 DEPOSIT PAYABLE 3025 Bronson #141954 1,000.00 1,000.00 01128 Mr. Rooter Plumbing of MN I-2017-00582 Ref Street Deposit 2373 LaPort R 9/26/2017 141294 730 2327 STREET DEPOSIT Mr Rooter Street Dep 5,000'.00 5,000.00 04097 Benjamin Franklin Plumbing I-2017-00036 Her Street Opening Deposit R 9/26/2017 141295 730 2327 STREET DEPOSIT Ref Street Opening D 5,000.00 5,000.00 12124 Plumbing Service Center I-2017-00730 B200 Eastwood Road Over Pmt R 9/26/2017 141296 100 3680 MISCELLANEOUS REVENUE 8200 Eastwood Road 0 59.36 59.36 B1201 Haws Flemister I-2001784.002 Refund Lakeside Park R 9/26/2017 141297 255 3665 PARK SITE PERMIT Refund Lakeside Park 93.35 252 2077 DUE TO STATE MN - SALES TAX Refund Lakeside Park 6.65 100.00 9/21/2017 11:08 AM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Mounds View BANK: MERE US Bank DATE RANGE: 0/00/0000 THRU 99/99/9999 PAGE: 3 CHECK CHECK CHECK DISCOUNT NO STATUS AMOUNT 141298 360.57 141299 141299 141299 10,223.40 141300 141300 141300 141300 141300 22.74 141301 CHECK 291.39 VENDOR I.D. NAME STATUS DATE AMOUNT 4,773.78 A5000 _ All City Elevator, Inc. I-40986 F8 Fuse Blom R 9/26/2017 100 4460-5110 REPAIRS, BUILDINGS & GROUNDS F8 Fuse Blown-Elevat 360.57 A6030 American Engineering Testing, I-98046 PW Facility Testing- R 9/26/2017 480 4470-7050-108 PW BUILDING CONSTUCTION PW Facility Testing 3,226.85 I-98182 PW Facility Soil Borings - R 9/26/2017 480 4470-7050-108 PW BUILDING CONSTUCTION PLV Facility Soil Her 3,053.25 I-98183 PW Facility Soil Borings R 9/26/2017 480 4470-7050-108 PW BUILDING CONSTUCTION PW Facility Soil Bor 3,943.30 B4000 Beisswenger's Do It Best I-935031 Well 5&6 Disinfectant R 9/26/2017 700 4823-1250 SUPPLIES, UTILITIES Well 5&6 Disinfectan 5.38 I-935035 Well 5&6 Connectors R 9/26/2017 700 4823-1250 SUPPLIES, UTILITIES Well 5&6 Connectors 0.89 I-935143 Treatment Plant Bulb R 9/26/2017 700 4823-1210 SUPPLIES, BUILDING & GROUNDS Treatment Plant Bulb 6.89 I-937175 Switch R 9/26/2017 730 4823-1230 SUPPLIES, EQUIPMENT Switch 6.69 I-937947 Adapter R 9/26/2017 700 4823-1600 OPERATING SUPPLIES Adapter 2.89 B4100 Peter Berling I-201709186231 Mobile Command Vehicle Pickup R 9/26/2017 100 4200-1600 OPERATING SUPPLIES Mobile Command Vehic 291.39 84900 City of Blaine I-201709186230 August Hotel Tax Skyline R 9/26/2017 100 4653-3045 CONTRACTUAL N. METRO CONF BUREAugust Hotel Tax Sky 517.56 I-201709186233 August Hotel Tax AmericInn R 9/26/2017 100 4653-3045 CONTRACTUAL N. METRO CONI BUREAugust Hotel Tax Ame 4,256.22 C3157 Cenex Fleetcard I-143591CL Cenex Fuel/Car Wash R 9/26/2017 100 4200-1700 MOTOR FUELS & LUBRICANTS Cenex Fuel/Car Wash 141.85 100 4180-1700 MOTOR FUEL & LUBRICANTS Cenex Fuel/Car Wash 76.10 100 4360-1700 MOTOR FUELS & LUBRICANTS Cenex Fuel/Car Wash 324.63 700 4823-1700 MOTOR FUELS & LUBRICANTS Cenex Fuel/Car Wash 251.82 730 4823-1700 MOTOR FUELS & LUBRICANTS Cenex Fuel/Car Wash 167.76 745 4417-1700 MOTOR FUELS & LUBRICANTS Cenex Fuel/Car Wash 108.29 100 4470-1700 MOTOR FUELS & LUBRICANTS Cenex Fuel/Cas Wash 243.92 PAGE: 3 CHECK CHECK CHECK DISCOUNT NO STATUS AMOUNT 141298 360.57 141299 141299 141299 10,223.40 141300 141300 141300 141300 141300 1,314.37 22.74 141301 291.39 141302 141302 4,773.78 141303 1,314.37 9/21/2017 11:08 AM A/P HISTORY CHECK REPORT PAGE: 4 VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank DATE RANGE: 0/00/0000 THEE 99/99/9999 CHECK CHECK CHECK CHECK VENDOR I.D. NAME - STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT C3221 Central Turf 5 Irrigation Supp 1-6057426-00 Silverview Irrigation R 9/26/2017 141304 451 4470-7050 CONSTRUCTION Silverview Irrigatio 206.83 206.83 C3255 Central Rental I-1-573551 Silverview Irrigation R 9/26/2017 141305 451 4470-7050 CONSTRUCTION Silverview Irrigatio 179.99 179.99 C3425 Century Fence Co. I-179717501 Transmitters Supplied R 9/26/2017 141306 100 4200-1600 OPERATING SUPPLIES Transmitters Supplie 125.82 125.82 D1045 Dart Portable Storage I-227697 Storage Pods R 9/26/2017 141307 480 4470-7050-108 IN BUILDING CONSTUCTION Storage Pods 320.00 320.00 D8020 Doug's Power Equipment 1-180134 PW #312 Blades R 9/26/2017 141308 100 4465-1230 SUPPLIES, EQUIPMENT PW #312 Blades 52.05 52.05 E1420 ECM - Specialty Pubs I-474126 PH Beekeeping License R 9/26/2017 141309 100 4160-3410 LEGAL NOTICES PH Beekeeping Licens 24.80 I-527396 Ord 935 R 9/26/2017 141309 100 4160-3410 LEGAL NOTICES Ord 935 21.70 r-527397 Ord 936 R� 9/26/2017 141309 100 4160-3410 LEGAL NOTICES Ord 936 21.70 I-527398 Comcast Hearing R 9/26/2017 141309 100 4160-3410 LEGAL NOTICES Comcast Hearing 31.00 1-529406 Movie Theater Liquor License R 9/26/2017 141309 100 4160-3410 LEGAL NOTICES Movie Theater Liquor 21.70 120.90 F1010 Factory Motor Parts Co. C-41-427481 Car Battery -Core Return R 9/26/2017 141310 100 4465-1230 SUPPLIES, EQUIPMENT Car Battery -Core Ret 11.0OCR I-41-451745 Vehicle Batteries R 9/26/2017 141310 100 4465-1230 SUPPLIES, EQUIPMENT Vehicle Batteries 289.44 I-41-455543 IN #307 Mini Lamps R 9/26/2017 141310 100 4465-1230 SUPPLIES, EQUIPMENT PW 4307 Mini Lamps 5.59 I-41-456054 Headlight Bulb R 9/26/2017 141310 100 4465-1220 SUPPLIES, VEHICLES Headlight Bulb - 23.28 307.31 F2045 First Advantage DEC Gen. Hlth I-2510911708 New Hire Pre -Employment Test R 9/26/2017 141311 100 4410-3030 OTHER PROFESSIONAL SERVICES New Hire Pre-Employm 264.35 264.35 9/21/2017 11:08 AM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank DATE RANGE: 0/00/0000 THUD 99/99/9999 PAGE: 5 CHECK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT 35.46 4.99 115.95 562.41 17.60 34.06 30.20 17.60 34.06 38.25 105.60 37.92 10.63 1.05 3.21 6.36 4.79 1.05 4.26 9.05 2.10 10.63 4.26 0.99 9.05 0.90 2.74 5.42 4.08 0.90 3.63 141312 141312 40.45 141313 115.95 141314 562.41 141315 141315 141315 141315 141315 141315 CHECK VENDOR I.D. NAME STATUS DATE F2056 First Call I-3298-227655 IN #316 Urethane R 9/26/2017 100 4465-1230 SUPPLIES, EQUIPMENT PW #316 Urethane I-3298-228979 PW 9448 Fuse R 9/26/2017 100 4465-1220 SUPPLIES, VEHICLES PW 4448 Fuse F4520 Flexible Pipe Tool Company I-21582 Televising Camera Parts R 9/26/2017 730 4823-1230 SUPPLIES, EQUIPMENT Televising Camera In F8010 Jennifer Fulton I-201709186240 Zuercher Tech Coat R 9/26/2017 100 4200-3630 TRAINING & CONFERENCES Zuercher Tech Tour G0476 G & K Services - Nola Linen I-6013664652 Mats, Towels, Napkins, etc R 9/26/2017 252 4730-3030 OTHER PROFESSIONAL SERVICES Mats, Towels, Napkin 252 4350-2410 MAINTENANCE; MATS,TOWELS,MOPS,EMats, Towels, Napkin 252 4350-1600 OPERATING SUPPLIES Mats, Towels, Napkin I-6013675656 Mats, Napkins, Towels, etc R 9/26/2017 252 4730-3030 OTHER PROFESSIONAL SERVICES Mats, Napkins, Towel 252 4350-2410 MAINTENANCE;MATS,TO{VELS,MOPS,EMats, Napkins, Towel 252 4350-1600 OPERATING SUPPLIES Mats, Napkins, Towel I-6013922668 Tablecloths R 9/26/2017 252 4730-3030 OTHER PROFESSIONAL SERVICES Tablecloths I-6182669181 Mats R 9/26/2017 100 4160-1600 OPERATING SUPPLIES Mats I-6182669182 Uniforms & Clothing R 9/26/2017 100 4360-2400 UNIFORM & CLOTHING Uniforms & Clothing 100 4460-2400 UNIFORMS & CLOTHING Uniforms & Clothing 100 4465-2400 UNIFORMS & CLOTHING Uniforms & Clothing 100 4470-2400 UNIFORMS & CLOTHING Uniforms & Clothing 100 4472-2400 UNIFORMS & CLOTHING Uniforms & Clothing 100 4475-2400 UNIFORMS & CLOTHING Uniforms & Clothing 252 4350-2400 UNIFORM & CLOTHING Uniforms & Clothing 700 4823-2400 UNIFORM & CLOTHING Uniforms & Clothing 700 4825-2400 UNIFORM & CLOTHING Uniforms & Clothing 730 4823-2400 UNIFORM & CLOTHING Uniforms & Clothing 745 4415-2400 UNIFORM & CLOTHING Uniforms & Clothing 745 4417-2400 UNIFORM & CLOTHING Uniforms & Clothing I-6182669183 Mats, Towels, Soap, etc R 9/26/2017 100 4360-2410 MAINTENANCE; MATS,TOWELS,MOPS, EMats, Towels, Soap, 100 4460-2410 MAINTENANCE;MATS,TOWELS,MOPS,EMats, Towels, Soap, 100 4465-2410 MAINTENANCE; MATS,TOWELS,MOPS,EMats, Towels, Soap, 100 4470-2410 MAINTENANCE;MATS,TOWELS,MOPS,EMats, Towels, Soap, 100 4472-2410 MAINTENANCE;MATS,TOWELS,MOPS,EMats, Towels, Soap, 100 4475-2410 MAINTENANCE; MATS,TOWELS,MOPS,EMats, Towels, Soap, 252 4350-2410 MAINTENANCE;MATS,TOWELS,MOPS,EMats, Towels, Soap, PAGE: 5 CHECK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT 35.46 4.99 115.95 562.41 17.60 34.06 30.20 17.60 34.06 38.25 105.60 37.92 10.63 1.05 3.21 6.36 4.79 1.05 4.26 9.05 2.10 10.63 4.26 0.99 9.05 0.90 2.74 5.42 4.08 0.90 3.63 141312 141312 40.45 141313 115.95 141314 562.41 141315 141315 141315 141315 141315 141315 9/21/2017 11:08 AM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank DATE RANGE: 0/OD/0000 THRU 99/99/9999 CHECK VENDOR I.D. NAME STATUS DATE G0476 G & K Services - Nola CONT I-6182669183 Mats, Towels, Soap, etc R 9/26/2017 700 4823-2410 MAINTENANCE;MATS, TOWELS, MOPS, EMats, Towels, Soap, 700 4825-2410 MAINTENANCE; MATS,TOWELS,MOPS,EMats, Towels, Soap, 730 4823-2410 MAINTENANCE; MATS,TOWELS,MOPS,EMats, Towels, Soap, 745 4415-2410 MAINTENANCE; MATS,TOWELS,MOPS,EMats, Towels, Soap, 745 4417-2410 MAINTENANCE;MATS,TOWELS,MOPS,EMats, Towels, Soap, I-6182680109 Uniforms & Clothing R 9/26/2017 100 4360-2400 UNIFORM & CLOTHING Uniforms & Clothing 100 4460-2400 UNIFORMS & CLOTHING Uniforms & Clothing 100 4465-2400 UNIFORMS & CLOTHING Uniforms & Clothing 100 4470-2400 UNIFORMS & CLOTHING Uniforms & Clothing 100 4472-2400 UNIFORMS & CLOTHING Uniforms & Clothing 100 4475-2400 UNIFORMS & CLOTHING Uniforms & Clothing 252 4350-2400 UNIFORM & CLOTHING Uniforms & Clothing 700 4823-2400 UNIFORM & CLOTHING Uniforms & Clothing 700 4825-2400 UNIFORM & CLOTHING Uniforms & Clothing 730 4823-2400 UNIFORM & CLOTHING Uniforms & Clothing 745 4415-2400 UNIFORM & CLOTHING Uniforms & Clothing 745 4417-2400 UNIFORM & CLOTHING Uniforms & Clothing I-6182680110 Mats, Towels, etc R 9/26/2017 100 4360-2410 MAINTENANCE;MATS,TOWELS,MOPS,EMats, Towels, etc 100 4460-2410 MAINTENANCE; MATS,TOWELS,MOPS,EMats, Towels, etc 100 4465-2410 MAINTENANCE;MATS,TOWELS,MOPS,EMats, Towels, etc 100 4470-2410 MAINTENANCE; MATS,TOWELS,MOPS,EMats, Towels, etc 100 4472-2410 MAINTENANCE; MATS,TOWELS,MOPS,EMats, Towels, etc 100 4475-2410 MAINTENANCE;MATS,TOWELS,MOPS,EMats, Towels, etc 252 4350-2410 MAINTENANCE; MATS,TOS]ELS,MOPS,EMats, Towels, etc 700 4823-2410 MAINTENANCE; MATS,TOWELS,MOPS,EMats, Towels, etc 700 4825-2410 MAINTENANCE;MATS,TOWELS,MOPS,EMats, Towels, etc 730 4823-2410 MAINTENANCE;MATS,TOWELS,MOPS,EMats, Towels, etc 745 4415-2410 MAINTENANCE;MATS,TOWELS,MOPS,EMets, Towels, etc 745 4417-2410 MAINTENANCE; MATS,TOWELS,MOPS,EMats, Towels, etc G1055 Ben Geisbauer I-201709206245 Safety Boots R 9/26/2017 730 4823-2400 UNIFORM & CLOTHING Safety Boots G6020 Grainger I-9552414329 WCC Flag R 9/26/2017 252 4350-1600 OPERATING SUPPLIES WCC Flag I-9552414337 Parks - Locks R 9/26/2017 100 4360-1210 SUPPLIES, BUILDINGS & GROUNDS Parks - Locks PAGE: CHECK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT 7.71 1.79 9.05 3.63 0.83 10.63 1.05 3.21 6.36 4.79 1.05 4.26 9.05 2.10 10.63 4.26 0.99 9.05 0.90 2.74 5.42 4.08 0.90 3.63 7.71 1.79 9.05 3.63 0.83 199.74 92.41 29.00 141315 141315 141315 531.51 141320 199.74 141321 141321 121.41 6 9/21/2017 11:08 AM VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank DATE RANGE: 0/00/0000 THRU 99/99/9999 VENDOR I.D. G8155 I-10733 230 4650-3030 H3076 I-201709206246 730 4B23-2400 H4045 I-28057447 100 4360-1210 95010 I -0183B0 700 4823-1240 HB026 I-201709186232 100 4200-3020 10126 I-0241232600:01 100 4465-1220 I6560 I-IN1737888 100 4160-1230 I-IN1744632 100 4160-1600 I-IN1750945 100 4160-1600 16680 I-490 700 4825-3030 K2016 I-6514 700 4823-3030 L5015 I-201709186234 100 4100-0500 100 4130-0500 100 4150-0500 100 4180-0500 100 4200-0500 100 4360-0500 A/P HISTORY CHECK REPORT PAGE: CHECK CHECK CHECK DISCOUNT NO STATUS AMOUNT 141322 166.67 141323 199.74 141324 275.77 141325 89.25 141326 6,178.00 141327 35.51 141328 141328 141328 B40. 62 141329 90.00 141330 3,300.00 141331 CHECK NAME STATUS DATE AMOUNT Greater Metropolitan Housing C 2017 Housing Resource Ctr R 9/26/2017 OTHER PROFESSIONAL SERVICES 2017 Housing Resourc '166.67 Neil Hiatt Safety Boots R 9/26/2017 UNIFORM & CLOTHING Safety Boots 199.74 Hirshfield's, Inc. Random Pk Bldg Paint Supplies R 9/26/2017 SUPPLIES, BUILDINGS & GROUNDS Random Pk Bldg Paint 275.77 Hoffman Bros. Sod, Inc. Sod -Water Sery Repairs R 9/26/2017 SUPPLIES, STREETS Sad -Water Sery Repel 89.25 Thomas Hughes, Attorney At Law August Legal Service R 9/26/2017 PROSECUTING ATTORNEY SERVICES August Legal Service 6,178.00 I State Truck Center PW 9445 Mud Flap R 9/26/2017 SUPPLIES, VEHICLES PW 9445 Mud Flap 35.51 Innovative Office Solutions, L Office Supplies R 9/26/2017 SUPPLIES, EQUIPMENT Office Supplies 291.08 USE Drives, Tower R 9/26/2017 OPERATING SUPPLIES USB Drives, Tower 295.32 Tags, Toner, Pencils etc R 9/26/2017 OPERATING SUPPLIES Tags, Toner, Pencils 254.22 Instrumental Research, Inc. August Water Testing R 9/26/2017 OTHER PROFESSIONAL SERVICES August Water Testing 90.00 KLM Engineering, Inc. - Antenna Inspection Service R 9/26/2017 OTHER PROFESSIONAL SERVICES Antenna Inspection S 3,300.00 League of Minnesota Cities Ins WC Insurance R 9/26/2017 WORKERS COMPENSATION WC Insurance 33.82 WORKERS COMPENSATION WC Insurance 330.22 WORKERS COMPENSATION WC Insurance 315.7E WORKERS COMPENSATION VTC Insurance 358.55 WORKERS COMPENSATION WC Insurance l6r300.9i WORKERS COMPENSATION WC Insurance - 1,984.01 PAGE: CHECK CHECK CHECK DISCOUNT NO STATUS AMOUNT 141322 166.67 141323 199.74 141324 275.77 141325 89.25 141326 6,178.00 141327 35.51 141328 141328 141328 B40. 62 141329 90.00 141330 3,300.00 141331 9/21/2017 ll:OB AM A/P HISTORY CHECK REPORT PAGE: VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT L5015 League of Minnesota CiCONT I-201709186234 WC Insurance R 9/26/2017 141331 100 4380-0500 WORKERS COMPENSATION WC Insurance 35.97 100 4110-0500 YORKERS COMPENSATION WC Insurance 274.70 100 4460-0500 WORKERS COMPENSATION WC Insurance 184.76 100 4465-0500 WORKERS COMPENSATION WC Insurance 348.99 100 4470-0500 WORKERS COMPENSATION WC Insurance 1,863.24 100 4472-0500 WORKERS COMPENSATION WC Insurance 1,459.31 100 4475-0500 YORKERS COMPENSATION WC Insurance 347.62 210 4350-0500 WORKERS COMPENSATION WC Insurance 89.74 230 4650-0500 YORKERS COMPENSATION WC Insurance 103.62 252 4350-0500 WORKERS COMPENSATION WC Insurance 525.93 255 4350-0500 WORKERS COMPENSATION WC Insurance 48.88 290 4420-0500 WORKERS COMPENSATION WC Insurance 17.60 700 4820-0500 WORKERS COMPENSATION WC Insurance 69.21 700 4823-0500 YORKERS COMPENSATION WC Insurance 1,531.85 700 4825-0500 WORKERS COMPENSATION WC Insurance 273.33 730 4820-0500 WORKERS COMPENSATION WC Insurance 70.19 730 4823-0500 WORKERS COMPENSATION WC Insurance 1,637.23 740 4416-0500 WORKERS COMPENSATION WC Insurance 57.4B 745 4415-0500 WORKERS COMPENSATION WC Insurance 557.41 745 4417-0500 WORKERS COMPENSATION WC Insurance 133.54 I-201709186235 Premium Pmt R 9/26/2017 141331 100 4100-4800 INSURANCE & BONDS Premium But 111.62 100 4160-4800 INSURANCE & BONDS Premium Pmt 3,189.05 100 4200-4800 INSURANCE & BONDS Premium Pmt 8,626.37 100 4350-4800 INSURANCE & BONDS Premium Pmt 271.07 100 4360-4800 INSURANCE & BONDS Premium Pmt 2,551.24 100 4460-4800 INSURANCE & BONDS Premium But 1,116.17 100 4470-4800 INSURANCE & BONDS Premium Pmt 988.60 230 4650-4800 INSURANCE & BONDS Premium Pmt 103.48 252 4730-4800 INSURANCE & BONDS Premium Pmt 334.85 252 4732-4800 INSURANCE & BONDS Premium Pmt 641.80 252 4736-4800 INSURANCE & BONDS Premium Pmt 223.23 700 4823-4800 INSURANCE & BONDS Premium Pmt 1,631.20 730 4823-4800 INSURANCE & BONDS Premium Pmt 1,164.00 740 4416-4800 INSURANCE & BONDS Premium Pmt 143.51 745 4415-4800 INSURANCE & BONDS Premium Pmt 637.81 50,688.00 M0900 M.T.I. Distributing, Inc. 1-1139850-00 PW #318 Switch R 9/26/2017 141334 100 4465-1230 SUPPLIES, EQUIPMENT PW #31B Switch 52.79 I-1139904-00 PW #316 Slope Indicator R 9/26/2017 141334 100 4465-1230 SUPPLIES, EQUIPMENT PW #316 Slope Indica 63.76 116.55 8 9/21/2017 11:08 AM VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank DATE RANGE: 0/00/0000 THRU 99/99/9999 VENDOR I.D M3050 I-201709186236 100 4200-3630 100 4200-1700 100 4200-1600 M3505 I-37812 100 4460-1600 I-37898 252 4350-5110 I-38036 100 4475-1600 M4600 I-0001072411 730 4823-3230 M5300 I-307237 100 4465-1600 I-307443 100 4465-1220 I-307564 730 4823-1220 M5730 I-272607 100 4410-3030 M7315 1-201709186237 700 2076 M7324 I-243 100 4200-3630 I-273 100 4200-3630 M7335 I-201709216247 100 4360-3630 730 4823-3630 100 4470-3630 A/P HISTORY CHECK REPORT PAGE: 9 CHECK CHECK CHECK CHECK NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT Steven Menard Mobile Command Vehicle R 9/26/2017 TRAINING & CONFERENCES Mobile Command Vehic 87.65 MOTOR FUELS & LUBRICANTS Mobile Command Vehic 642.58 OPERATING SUPPLIES Mobile Command Vehic 144.50 Menards PD Garage Replacement Hose R 9/26/2017 OPERATING SUPPLIES PD Garage Replacemen 28.98 MVCC Irrigation Supplies, R 9/26/2017 REPAIRS, BUILDINGS & GROUNDS MVCC Irrigation Supp 57.61 Street Sign Maintenance R 9/26/2017 OPERATING SUPPLIES Street Sign Maintena 15.33 Metro Council Environmental Be Wastewater Service October R 9/26/2017 WASTE WATER DISPOSAL Wastewater Service 0 76,011.37 Midway Ford Company Transmit -Shop R 9/26/2017 OPERATING SUPPLIES Transmit -Shop 33.95 PD #142 Lamp Asy R 9/26/2017 SUPPLIES, VEHICLES PD #142 Lamp Asy 5.77 PW #835 Side Mirror R 9/26/2017 SUPPLIES, VEHICLES PW 4835 Side Mirror 107.17 MN Occupational Health DOT Exam New Employee R 9/26/2017 OTHER PROFESSIONAL SERVICES DOT Exam New Employe 311.00 MN Department of Health 3rd Qtr Wit Supply Connect Fee R 9/26/2017 DUE TO STATE MN - SAFE WATER F3rd Qtr Wtr Supply C 5,146.00 MN Bureau of Criminal Apprehen Training R 9/26/2017 TRAINING & CONFERENCES Training 75.00 HCA Leaders Conference R 9/26/2017 TRAINING & CONFERENCES BCA Leaders Conferen 175.00 MN Fall Maintenance Expo 2017 MN Pall Maint. Expo R 9/26/2017 TRAINING & CONFERENCES Fall Maint. Expo-Atk 25.00 TRAINING & CONFERENCES Fall Maine. Expo-Gei 25.00 TRAINING & CONFERENCES Fall Maint Expo -Meeh 50.00 141335 874.73 141336 141336 141336 146.89 101.92 141337 76,011.37 141338 141338 141338 146.89 141339 311.00 141340 5,146.00 141341 141341 250.00 141342 100.00 9/21/2017 11:08 AM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank DATE RANGE: 0/00/0000 THRU 99/99/9999 PAGE: 10 CHECK CHECK CHECK DISCOUNT NO STATUS AMOUNT 141343 305.96 141344 141344 4,458.85 141345 1,098.38 141346 50.00 141347 40.65 141348 20.40 141349 141349 4,359.00 141350 714.00 141351 123.00 141352 1,442.14 CHECK VENDOR I.D. NAME STATUS DATE AMOUNT N0050 NAC I-141555 Roof Drain Repair - Res 8735 R 9/26/2017 480 4160-7050 CONSTRUCTION Roof Drain Repair - 305.96 01000 Oertel Architects I-15-2017 PW Facility Architect Services R 9/26/2017 4BO 4470-7050-108 PW BUILDING CONSTUCTION PW Facility Architec 2,833.85 I-2-2017 PW Facility R 9/26/2017 480 4470-7050-108 PW BUILDING CONSTUCTION PW Facility 1,625.00 05510 On Site Sanitation I-0000480176 Porta Potties R 9/26/2017 255 4350-4030 PORTABLE TOILETS Lakeside Park -Porta 65.00 100 4360-4030 PORTABLE TOILETS Parks -Porta Potty 1,033.38 05531 Optum Health I-274792 August Monthly Fee R 9/26/2017 100 4160-3030 OTHER PROFESSIONAL SERVICES August Monthly Fee 50.00 05535 O'Reilly Auto Parts 1-3298-224666 Wax, Tire Cleaner R 9/26/2017 100 4465-1220 SUPPLIES, VEHICLES Wax, Tire Cleaner 40.65 P6050 Positive ID, Inc. I-14309 ID Card, S.Dison R 9/26/2017 100 4200-2400 UNIFORM & CLOTHING ID Card, S.Dion 20.40 R3005 Ramsey County r-201709186238 5394 Edgewood Dr and RE Pmt R 9/26/2017 252 4736-4750 TAXES, LICENSES, AND FEES 5394 Edgewood Dr 2nd 3,947.00 1-201709186239 Pin 173023130001 2nd RE Pmt R 9/26/2017 100 4160-4750 REAL ESTATE TAXES Pin 173023130001 Had 412.00 87262 City of Roseville I-0223449 Wireless Access Pt Replacement R 9/26/2017 - 100 4160-1230 SUPPLIES, EQUIPMENT Wireless Access Pt R 714.00 51005 S.H.I. International Corp. I-807033329 Access 2016 Sngl MVL R 9/26/2017 100 4160-1230 SUPPLIES, EQUIPMENT Access 2016 Bawl MVL 123.00 S2400 City of St. Paul I-ING0024390 Asphalt Repairs R 9/26/2017 100 4470-1240 SUPPLIES, STREETS Asphalt Repairs 1,442.14 PAGE: 10 CHECK CHECK CHECK DISCOUNT NO STATUS AMOUNT 141343 305.96 141344 141344 4,458.85 141345 1,098.38 141346 50.00 141347 40.65 141348 20.40 141349 141349 4,359.00 141350 714.00 141351 123.00 141352 1,442.14 9/21/2017 11:08 AM VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank DATE RANGE: 0/00/0000 THRU 99/99/9999 VENDOR I.D. 54224 I-0021167-001 100 4160-1600 57700 I-001083.111-1 100 4160-3030 59010 I-00012001 100 4200-1600 T4105 I-201709186241 100 4180-3100 T44GO I -M23203 100 4100-3030 100 4110-3030 T6010 1-201709186242 100 4200-3610 U7055 I-357807 700 4823-1250 V4077 I-201709216248 100 4465-3630 V4105 I-9791601023 700 4823-3100 730 4823-3100 100 4130-3100 I-9792459589 100 4360-3100 100 4410-3100 100 4460-3100 100 4465-3100 100 4470-3100 100 4472-3100 100 4475-3100 252 4350-3100 700 4823-3100 A/P HISTORY CHECK REPORT PAGE: 11 CHECK CHECK CHECK CHECK NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT Sensible Office Solutions Nameplates (3) R 9/26/2017 141353 OPERATING SUPPLIES Nameplates (3) 30.78 30.78 Springsted-Waters City Admin Recruitment R 9/26/2017 141354 OTHER PROFESSIONAL SERVICES City Admin Recruitme 6,240.00 6,240.00 Surplus Services Red Virtual Reality Tactical R 9/26/2017 141355 OPERATING SUPPLIES Red Virtual Reality 1,000.00 1,000.00 Steve Thorp Cell Phone Thorp R 9/26/2017 141356 TELEPHONE Cell Phone Thorp 30.00 30.00 Timesaver Off Site Secretarial CC, EDA & Planning Comm Mtgs R 9/26/2017 141357 OTHER PROFESSIONAL SERVICES August 28th EDA & CC 284.88 OTHER PROFESSIONAL SERVICES Sept 6th Planning Cc 139.00 423.88 Trans Union Risk and Alternativ Person Search R 9/26/2017 141358 MEMBERSHIPS Person Search 25.00 25.00 USA Blue Book Wells 5&6 Replacement Floats R 9/26/2017 141359 SUPPLIES, UTILITIES Wells 5&6 Replacemen 429.20 429.20 Scott Vandervegt Mileage R 9/26/2017 141360 TRAINING & CONFERENCES Mileage 11.13 11.13 Verizon Wireless Cell Phones R 9/26/2017 141361 TELEPHONE Cell Phones 113.49 TELEPHONE Cell Phones 340.48 TELEPHONE Cell Phones 98.72 Cell Phones R 9/26/2017 141361 TELEPHONE Cell Phones 84.38 Telephone Cell Phones 54.25 Telephone Cell Phones 10.05 TELEPHONE Cell Phones 26.12 TELEPHONE Cell Phones 72.33 Telephone Cell Phones 41.18 Telephone Cell Phones 12.05 TELEPHONE Cell Phones 32.15 TELEPHONE Cell Phones 149.59 9/21/2017 11:08 AM A/P HISTORY CHECK REPORT PAGE: 12 VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank DATE RANGE: 0/00/0000 THRU 99/99/9999 CHECK CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT V4105 Verizon Wireless. CONT I-9792459589 Cell Phones R 9/26/2017 141361 730 4823-3100 TELEPHONE Cell Phones 126.57 745 4415-3100 TELEPHONE Cell Phones 54.25 I-9792521207 PD & CSO Phones R 9/26/2017 141361 100 4180-3100 TELEPHONE CSO Phone 50.74 100 4200-3100 TELEPHONE PD Phones 487.73 1,754.08 W0565 Walters Recycling & Refuse Inc I-0002644294 Garbage/Recycling R 9/26/2017 141363 252 4350-3530 REFUSE COLLECTION Garbage/Recycling 579.62 100 4460-3530 REFUSE COLLECTION Garbage/Recycling 361.96 941.58 W1610 WatchGuard Video I-ACCIWO012451 VISTA HD, Locking Magnetic etc R 9/26/2017 141364 225 4200-1230 SUPPLIES, EQUIPMENT VISTA HD, Locking Me 62.00 62.00 W3000 Wench Associates, Inc. I-11705049 PW Facility Soil Sampling R 9/26/2017 141365 460 4470-7050-108 PW BUILDING CONSTUCTION PW Facility Soil Sam 1,763.88 I-11705931 PW Facility Site Investigation R 9/26/2017 141365 480 4470-7050-108 PW BUILDING CONSTUCTION PW Facility Site Inv 6,896.41 8,660.29 X6000 Xcel Energy 1-201709186243 Groveland Siren R 9/26/2017 141366 100 4200-3210 ELECTRICITY Groveland Siren 6.56 6.56 Y1000 YMCA of Greater Twin Cities I-201709186244 4th Qtr Pmt R 9/26/2017 141367 100 4350-3036 CONTRACTUAL RECREATION 4th Qtr Pmt 25,905.65 252 4730-3030 OTHER PROFESSIONAL SERVICES 4th Qtr Pmt 14,613.55 252 4732-3030 OTHER PROFESSIONAL SERVICES 4th Qtr For 25,905.85 66,425.25 24050 Ziegler, Inc. I-PC001910285 Oil Sample Kits R 9/26/2017 141368 100 4465-1600 OPERATING SUPPLIES Oil Sample Kits 576.86 576.86 M7335 MN Fall Maintenance Expo I-201709216249 MN Fall Maintenance Expo R 9/26/2017 141369 100 4465-3630 TRAINING & CONFERENCES MN Fall Expo-VanderV 25.00 100 4360-3630 TRAINING & CONFERENCES MN Fall Expo-Szurek 25.00 700 4823-3630 TRAINING & CONFERENCES MN Fall Expo-Backes 25.00 730 4823-3630 TRAINING 5 CONFERENCES MN Fall Expo -Hiatt 25.00 I-201709216250 MN Fall Maintenance Expo R 9/26/2017 141369 745 4415-3630 TRAINING & CONFERENCES MN Fall Expo-Brisboi 25.00 125.00 9/21/2017 11:08 AM VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank DATE RANGE: 0/00/0000 THRU 99/99/9999 VENDOR I.D. NAME ** T O T A L S REGULAR CHECKS: HAND CHECKS: DRAFTS: EFT: NON CHECKS: VOID CHECKS TOTAL ERRORS: 0 A/P HISTORY CHECK REPORT PAGE: 13 CHECK CHECK CHECK CHECK STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT NO 74 0 0 0 0 0 VOID DEBITS VOID CREDITS INVOICE AMOUNT 276,161.03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ** G/L ACCOUNT TOTALS ** G/L .ACCOUNT NAME AMOUNT 100 2320 DEPOSIT PAYABLE 1,000.00 100 3680 MISCELLANEOUS REVENUE 59.36 100 4100-0500 WORKERS COMPENSATION 33.82 100 4100-3030 OTHER PROFESSIONAL SERVICES 284.88 100 4100-4800 INSURANCE & BONDS 111.62 100 4110-0500 WORKERS COMPENSATION 274.70 100 4110-3030 OTHER PROFESSIONAL SERVICES 139.00 100 4130-0500 WORKERS COMPENSATION 330.22 100 4130-3100 TELEPHONE 98.72 100 4150-0500 WORKERS COMPENSATION 315.75 100 4160-1230 SUPPLIES, EQUIPMENT 1,128.08 100 4160-1600 OPERATING SUPPLIES 966.81 100 4160-3030 OTHER PROFESSIONAL SERVICES 6,290.00 100 4160-3410 LEGAL NOTICES 120.90 100 4160-4750 REAL ESTATE TAXES 412.00 100 4160-4800 INSURANCE & BONDS 3,189.05 100 4180-0500 WORKERS COMPENSATION 358.57 100 4180-1700 MOTOR FUEL & LUBRICANTS 76.10 100 4180-3100 TELEPHONE 80.74 100 4200-0500 WORKERS COMPENSATION 16,300.97 100 4200-1600 OPERATING SUPPLIES 1,561.71 100 4200-1700 MOTOR FUELS & LUBRICANTS 784.43 100 4200-2400 UNIFORM & CLOTHING 20.40 100 4200-3020 PROSECUTING ATTORNEY SERVICES 6,178.00 100 4200-3100 TELEPHONE 487.73 100 4200-3210 ELECTRICITY 6.56 100 4200-3610 MEMBERSHIPS 25.00 100 4200-3630 TRAINING & CONFERENCES 900.06 100 4200-4800 INSURANCE & BONDS 8,626.37 DISCOUNTS 0.00 0.00 0.00 0.00 0.00 0.00 CHECK AMOUNT 276,161.03 0.00 0.00 0.00 0.00 9/21/2017 11:08 AM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank DATE RANGE: 0/00/0000 THEN 99/99/9999 +* G/L ACCOUNT TOTALS t'* G/L ACCOUNT NAME AMOUNT ---------------------------------------------------------------------- 100 4350-3036 CONTRACTUAL RECREATION 25,905.85 100 4350-4800 INSURANCE & BONDS 271.07 100 4360-0500 WORKERS COMPENSATION 1,984.07 100 4360-1210 SUPPLIES, BUILDINGS & GROUNDS 304.77 100 4360-1700 MOTOR FUELS & LUBRICANTS 324.63 100 4360-2400 UNIFORM & CLOTHING 21.26 100 4360-2410 MAINTENANCE;MATS,TOWELS,MOPS,E 18.10 100 4360-3100 TELEPHONE 84.38 100 4360-3630 TRAINING & CONFERENCES 50.00 100 4360-4030 PORTABLE TOILETS 1,033.38 100 4360-4800 INSURANCE & BONDS 2,551.24 100 4380-0500 WORKERS COMPENSATION 35.97 100 4410-3030 OTHER PROFESSIONAL SERVICES 575.35 100 4410-3100 Telephone 54.25 100 4460-0500 WORKERS COMPENSATION 184.76 100 4460-1600 OPERATING SUPPLIES 28.98 100 4460-2400 UNIFORMS & CLOTHING 2.10 100 4460-2410 MAINTENANCE;MATS,TOWELS,MOPS,E 1.80 100 4460-3100 Telephone 10.05 100 4460-3530 REFUSE COLLECTION 361.96 100 4460-4800 INSURANCE & BONDS 1,116.17 100 4460-5110 REPAIRS, BUILDINGS & GROUNDS 360.57 100 4465-0500 WORKERS COMPENSATION 348.99 100 4465-1220 SUPPLIES, VEHICLES 110.20 100 4465-1230 SUPPLIES, EQUIPMENT 488.09 100 4465-1600 OPERATING SUPPLIES 610.81 100 4465-2400 UNIFORMS & CLOTHING 6.42 100 4465-2410 MAINTENANCE;MATS,TOWELS,MOPS,E 5.48 100 4465-3100 TELEPHONE 26.12 100 4465-3630 TRAINING & CONFERENCES 36.13 100 4470-0500 WORKERS COMPENSATION 1,863.24 100 4470-1240 SUPPLIES, STREETS 1,442.14 100 4470-1700 MOTOR FUELS & LUBRICANTS 243.92 100 4470-2400 UNIFORMS & CLOTHING 12.72 100 4470-2410 MAINTENANCE; MATS,TOWELS,MOPS,E 10.84 100 4470-3100 TELEPHONE 72.33 100 4470-3630 TRAINING & CONFERENCES 50.00 100 4470-4800 INSURANCE & BONDS 988.60 100 4472-0500 WORKERS COMPENSATION 1,459.31 100 4472-2400 UNIFORMS & CLOTHING 9.58 100 4472-2410 MAINTENANCE;MATS,TOWELS,MOPS,E 8.16 100 4472-3100 Telephone 41.18 100 4475-0500 WORKERS COMPENSATION 347.62 100 4475-1600 OPERATING SUPPLIES 15.33 100 4475-2400 UNIFORMS & CLOTHING 2.10 100 4475-2410 MAINTENANCE; MATS,TOWELS,MOPS,E 1.80 PAGE: 14 9/21/2017 11:08 AM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank DATE RANGE: 0/00/0000 THRU 99/99/9999 ** G/L ACCOUNT TOTALS ** G/L -------------------------------------------------------------------- ACCOUNT NAME AMOUNT 100 4475-3100 Telephone 12.05 100 4653-3045 CONTRACTUAL N. METRO CONT SURE 4,773.78 *** FUND TOTAL *** 98,429.20 210 4350-0500 WORKERS COMPENSATION 89.74 *** FUND TOTAL *** 8974 225 4200-1230 SUPPLIES, EQUIPMENT 62.00 *** FUND TOTAL *** 62.00 230 4650-0500 WORKERS COMPENSATION 103.62 230 4650-3030 OTHER PROFESSIONAL SERVICES 166.67 230 4650-4800 INSURANCE & BONDS 103.48 *** FUND TOTAL *** 373.77 252 2077 DOE TO STATE MN - SALES TAX 6.65 252 4350-0500 WORKERS COMPENSATION 525.93 252 4350-1600 OPERATING SUPPLIES 160.86 252 4350-2400 UNIFORM & CLOTHING 8.52 252 4350-2410 NAINTENANCE;MATS,TOWELS,MOPS,E 75.38 252 4350-3100 TELEPHONE 32.15 252 4350-3530 REFUSE COLLECTION 579.62 252 4350-5110 REPAIRS, BUILDINGS & GROUNDS 57.61 252 4730-3030 OTHER PROFESSIONAL SERVICES 14,754.35 252 4730-4800 INSURANCE & BONDS 334.85 252 4732-3030 OTHER PROFESSIONAL SERVICES 25,905.85 252 4732-4800 INSURANCE & BONDS 641.80 252 4736-4750 TAXES, LICENSES, AND FEES 3,947.00 252 4736-4800 INSURANCE & BONDS 223.23 *** FUND TOTAL *** 47,253.80 255 3665 PARK SITE PERMIT 93.35 255 4350-0500 WORKERS COMPENSATION 48.88 255 4350-4030 PORTABLE TOILETS 65.00 *** FUND TOTAL *** 207.23 290 4420-0500 WORKERS COMPENSATION 17.60 *** FUND TOTAL *** 17.60 451 4470-7050 CONSTRUCTION 386.82 *** FUND TOTAL *** 386.62 480 4160-7050. CONSTRUCTION 305.96 480 4470-7050-108 PW BUILDING CONSTUCTION 23,662.54 *** FUND TOTAL *** 23,968.50 PAGE: 15 9/21/2017 11:08 AM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank DATE RANGE: 0/00/0000 THEN 99/99/9999 ** G/L ACCOUNT TOTALS ** G/L ------ ACCOUNT -------------- NAME ------- ------------ -------------- AMOUNT ----- - 700 1152 UTILITY DELA. RECIEVABLE 42.12 700 2076 DUE TO STATE MN - SAFE WATER F 5,146.00 700 4820-0500 WORKERS COMPENSATION 69.21 700 4823-0500 WORKERS COMPENSATION 1,531.85 700 4B23-1210 SUPPLIES, BUILDING & GROUNDS 6.B9 700 4823-1240 SUPPLIES, STREETS 89.25 700 4823-1250 SUPPLIES, UTILITIES 435.47 700 4823-1600 OPERATING SUPPLIES 2.89 700 4823-1700 MOTOR FUELS & LUBRICANTS 251.82 700 4823-2400 UNIFORM & CLOTHING 18.10 700 4823-2410 MAINTENANCE; MATS,TOWELS,MOPS,E 15.42 700 4823-3030 OTHER PROFESSIONAL SERVICES 3,300.00 700 4823-3100 TELEPHONE 263.08 700 4823-3630 TRAINING & CONFERENCES 225.00 700 4823-4800 INSURANCE & BONDS 1,631.20 700 4825-0500 WORKERS COMPENSATION 273.33 700 4825-2400 UNIFORM & CLOTHING 4.20 700 4825-2410 MAINTENANCE; MATS,TOWELS,MOPS,E 3.58 700 4825-3030 OTHER PROFESSIONAL SERVICES 90.00 *** FUND TOTAL *** 13,399.41 730 2327 STREET DEPOSIT 10,000.00 730 4820-0500 WORKERS COMPENSATION 70.19 730 4823-0500 WORKERS COMPENSATION 1,637.23 730 4823-1220 SUPPLIES, VEHICLES 107.17 730 4823-1230 SUPPLIES, EQUIPMENT 122.64 730 4823-1700 MOTOR FUELS & LUBRICANTS 167.7b 730 4823-2400 UNIFORM & CLOTHING 420.74 730 4823-2410 MAINTENANCE; MATS,TOWELS,MOPS,E 18.10 730 4B23-3100 TELEPHONE 467.05 730 4823-3230 WASTE WATER DISPOSAL 76,011.37 730 4823-3630 TRAINING & CONFERENCES 50.00 730 4823-4800 INSURANCE & BONDS 1,164.00 *** FUND TOTAL *** 90,236.25 740 4416-0500 WORKERS COMPENSATION 57.48 740 4416-4800 INSURANCE & BONDS 143.51 *** FUND TOTAL *** - 200.99 745 4415-0500 WORKERS COMPENSATION 557.41 745 4415-2400 UNIFORM & CLOTHING 8.52 745 4415-2410 MAINTENANCEJMATS,TOWELS,MOPS,E 7.26 745 4415-3100 TELEPHONE 54.25 745 4415-3630 TRAINING & CONFERENCES 25.00 745 4415-4800 INSURANCE & BONDS 637.81 745 4417-0500 WORKERS COMPENSATION 133.54 PAGE: 16 9/21/2017 11:08 AM A/P HISTORY CHECK REPORT PAGE: 17 VENDOR SET: 01 City of Mounds View BANK: APBNK US Bank DATE RANGE: 0/00/0000 THRU 99/99/9999 G/L ACCOUNT 745 4417-1700 745 4417-2400 745 4417-2410 NO VENDOR SET: 01 BANK: APBNK TOTALS: 74 BANK: APBNK TOTALS: 74 REPORT TOTALS: 74 9 ** G/L ACCOUNT TOTALS ** NAME AMOUNT MOTOR FUELS & LUBRICANTS 108.29 UNIFORM & CLOTHING 1.98 MAINTENANCE; MATS,TOWELS,MOPS,E 1.66 *** FUND TOTAL *** 1,535.72 INVOICE AMOUNT 276,161.03 276,161.03 276,161.03 DISCOUNTS 0.00 0.00 0.00 CHECK AMOUNT 276,161.03 276,161.03 276,161.03 of Mounds View Staff To: From: Item Title/Subject: Background Item No: 06D Meeting Date: September 25, 2017 Type of Business: Consent �Ll(E Honorable Mayor and City Council Mark Beer, Finance Director Resolution 8829, Approving Severance for James Ericson, City Administrator James Ericson has resigned from his position effective September 8, 2017. Jim has been employed by the City for more than twenty years (September 30, 1996). Attached is Resolution 8829, which authorizes severance to Mr. Ericson in accordance with the City's Personnel Manual. Discussion Section 3.47 of the Personnel Manual indicates that employees who resign shall be compensated for any accrued and unused vacation hours and, with two or more years of service, employees are eligible to receive a payout of sick leave sick subject to the terms and provisions addressed in Section 3.45 regarding the Retirement Health Savings Plan. Employees that had 10 years of service on 01-01-2008 were eligible for enhanced sick leave payout of 65%. There are 6 employees remaining that are eligible under this provision. Mr. Ericson qualifies for enhanced sick leave payout. The following represents severance eligible to Mr. Ericson: Hours Hourly rate Payout Vacation Hours 358.36 $64.74 $24,910.27 Cash Payout 65% of Sick Leave 1384.77 1$64.74 $23,200.01 into RHSP Total Severance: $48,110.28 Recommendation Staff recommends approval of Resolution 8829 authorizing severance to James Ericson pursuant to the Mounds View Personnel Manual. Respectfully submitted, Mark Beer Finance Director RESOLUTION NO. 8829 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SEVERANCE FOR JAMES ERICSON, CITY ADMINISTRATOR WHEREAS, James Ericson has resigned as City Administrator for the City of Mounds View; his last day of employment was September 8, 2017; and WHEREAS, in accordance with the Mounds View Personnel Manual, Mr. Ericson is eligible for a cash payout of his vacation hours and is eligible to receive 65% of his sick leave hours deposited into his Retirement Health Savings Plan; and WHEREAS, Mr. Ericson's balance of accrued and unused vacation is 358.36 hours; and his sick leave balance is 591.96 hours; and WHEREAS, Mr. Ericson's rate of pay upon resignation was $64.74 per hour. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves severance to James Ericson consistent with the Mounds View Personnel Manual as follows: Hours Hourly rate Payout Vacation Hours 358.36 $64.74 $24,910.27 Cash Payout 65% of Sick Leave 1384.77 1 $64.74 $23,200.01 into RHSP Total Severance: $48,110.28 Adopted this 25th day of September, 2017. Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, Interim City Administrator (seal) MOUNDS VIEW City of Mounds View Staff Report Item No: 6E Meeting Date: September 25, 2017 Type of Business: Consent Administrator Review:( To: Honorable Mayor and City Council From: Jon Sevald, City Planner / Supervisor Item Title/Subject: Resolution 8831, Approving an Agreement for Building Official Services Introduction: Steve Thorp, Building Official, has resigned, effective September 22, 2017. The City Council authorized to advertise this position, and to contract for temporary inspection services (Resolution 8823). The Building Official application closing date is October 20, 2017. If all goes well, a Building Official will be in place by early December. In the interim, Staff is requesting that the City contract with Rum River Construction Consultants, to conduct building inspection services on an as -needed basis, through 2017. Discussion: Rum River is a contract inspector for the cities of New Brighton and Nowthen. It is anticipated that Rum River will start with two half -days per week at Mounds View, and we will adjust as needed. The contract has been reviewed by the City Attorney. Recommendation: Staff recommends approval of Resolution 8831, approving an agreement for Building Official services. Respectfully submitted, Jon Sevald, AICP City Planner/Supervisor ATTACHED: 1. Resolution 8831 2. Agreement for Building Official Services with the City of Mounds View RESOLUTION NO. 8831 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN AGREEMENT FOR BUILDING OFFICAL SERVICES WITH THE CITY OF MOUNDS VIEW WHEREAS, Minnesota Statute §3268.133 requires each municipality to designate a building official to administer the state building code; and, WHEREAS, the position of Mounds View Building Official was vacated, effective September 22, 2017; and, WHEREAS, the Mounds View City Council has authorized advertisement for the position of Mounds View Building Official (Resolution 8823); and, WHEREAS, the City is in need of an interim Building Official until the permanent position is filled; and, WHEREAS, Staff recommends that the City contract with Rum River Construction Consultants (Andrew Schreder, Certified Building Official (CBO), License # B0002536) for such services, the terms of which are included in the Agreement; and, WHEREAS, an Agreement for Building Official services has been reviewed by the City Attorney; and, NOW, THEREFORE, BE IT FINNALY RESOLVED THAT, the City of Mounds View enters into an Agreement for Building Official Services with Rum River Construction Services (Andrew Schreder, CBO), effective September 25, 2017, and paid from Account #100-4180-3030. Adopted this 25th day of September 2017. Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, Interim City Administrator (seal) CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA AGREEMENT FOR BUILDING OFFICIAL SERVICES WITH THE CITY OF MOUNDS VIEW This Agreement (the "Agreement'), made this day of 2017, by and between the city of Mounds View, a municipal corporation, (the "City") and Rum River Ventures, LLC, d/b/a Rum River Construction Consultants, with its principal office located at 32134 11 P/2 Street, Princeton, Minnesota 55371 (the "Contractor"). WITNESSETH: WHEREAS, the City is in need of professional services for a licensed Building Official for the City of Mounds View; and WHEREAS, Contractor has substantial experience as a Building Official implementing the State Building Code and is otherwise qualified to assist the City; and WHEREAS, the City desires to contract with Contractor to act as the interim Building Official for the City of Mounds View; and WHEREAS, Contractor declares that he is engaged in an independent business and has complied with all federal, state and local laws regarding business permits and licenses of any kind that may be required to carry out said business and the tasks as set forth in this Agreement; and WHEREAS, the parties acknowledge that this Agreement is not exclusive and that Contractor may serve other clients in the same or similar role pursuant to the terms stated herein. NOW, THEREFORE, for the reasons set forth above, and in consideration of the mutual promises and covenants made herein, it is agreed as follows: 1. Services Provided. Contractor agrees to provide the scope of services (the "Services") outlined as follows: To perform the building official services for the City, in accordance with the Minnesota State Building Code and any applicable City of Mounds View Ordinances or Minnesota laws. Building inspection services shall be defined as the evaluation of building permit submittals and all related documents and specifications for conformance with the Minnesota State Building Code and in preparation for permit issuance. Services shall also include all required site inspections and recording of such activities on permit tracking software provided by City after successful completion of the project or expiration as stipulated by all applicable laws, rules, and regulations, including but not limited to Minnesota Rules, Chapter 1300. The Contractor shall also, at the request of the City, perform additional work including but not limited to the evaluation of unsafe structures, hazardous excavations, etc, and the preparation of reports for enforcement thereof. The 507518v5 AMB MU125-11 City agrees that, at this time, the majority of all work shall be performed within the City. The City also agrees that all transportation is to be provided by the Contractor and agreed upon fees shall cover all transportation -related expenses. Office hours within the City will vary dependent on specific needs, with the majority of permit processing and system evaluation to be completed on an hourly basis. 2. Term. This Agreement shall begin on the date of execution and shall continue until December 31, 2017. This agreement may be extended by written agreement of the parties, with any additional terms stated therein. Failure to agree, in writing, to extend the term of this Agreement shall result in the expiration of this Agreement upon the date stated herein. 3. Schedule. The parties hereto acknowledge that this Agreement is for Services on an as - needed basis. There is no expectation of predetermined hours or rates hereunder. The parties shall coordinate performance of the Services based upon the applications received by the City and other requests for Services. The Contractor hereby agrees that it shall make all reasonable efforts to provide the City with all Services within a reasonable time. The City shall be responsible for coordinating all inspection activity and other related Services, and shall notify the Contractor of such planned Services. 4. Contract Performance. Contractor shall complete performance of building inspection services in accord with the conditions described in this Agreement. If any additional work outside the scope of Services is contemplated, the City and Contractor shall agree, in writing, as to the parameters of the additional work and anticipated costs as well as timeframe for completion. The Contractor agrees to remain at all times licensed by the State of Minnesota as a Certified Building Official, and licensed by the Minnesota Pollution Control Agency as a Certified Inspector for on-site septic systems. The Contractor agrees it shall, within the scope of the contract, maintain an adequate set of records in City property files, of all dates, types and results of permits and inspections for permitted work. The Contractor also certifies that those working on behalf of the Contractor will maintain valid Minnesota driver's licenses and correlating insurance as required by this Agreement. Finally, the parties hereto acknowledge that Andy Schreder shall serve as the City's Building Official under the terms of this Agreement, and shall be personally responsible for completing the Services contemplated herein on behalf of the City. 5. Indemnifications, Hold Harmless, and Defend. Any and all claims that arise or may arise against Contractor, its agents, servants, or employees as a consequence of any act or omission on the part of the Contractor or its agents, servants, or employees while engaged in the performance of this Agreement shall in no way be the obligation or responsibility of the City. Contractor shall indemnify, hold harmless, and defend the City, its officers, agents, and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney fees which the City, its officers, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of Contractor, its agents, servants or employee, in the execution, performance, or failure to adequately perform Contractor's obligations pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by the City or Contractor of any statutory limits or immunities from liability including but not limited to those provisions contained in 2 507518v5 AMB MU125-11 Minnesota Statutes, Chapter 466 and Minnesota Rules, Chapter 1300, and any other applicable law, rule, or regulation. 6. Independent Contractor. Contractor acknowledges and agrees that it is an independent contractor and that nothing herein shall be construed to create the relationship of employer and employee between the City and Contractor. No employee -related withholdings or deductions shall be made from payments due Contractor. Contractor shall not be entitled to receive any benefits from City and shall not be eligible for workers' compensation or unemployment benefits. Contractor shall at all times be free to exercise initiative, judgment, and discretion in how best to perform or provide the services identified herein. Contractor retains the sole and exclusive right to control or direct the manner or means by which the work described herein is to be performed, subject to satisfactory compliance with the terms herein. Contractor shall provide for its own vehicle, and any necessary equipment, tools, materials and supplies for the performance of the obligations specified herein. Evidence of status of independent contractor status of all those performing work on Contractor's behalf, shall be kept on file maintained by Contractor and be available to the City upon request. 7. Insurance. Contractor shall maintain during the entire term of this Agreement the following insurances with at least the indicated amounts of coverage and provide the City with a certificate of insurance showing such coverage before providing any services under this Agreement: (1) Commercial general liability insurance coverage with a policy limit of at least $1,500,000 per occurrence; (2) Business automobile liability coverage with a total liability limits of at least $1,000,000; and (3) Workers' compensation insurance. If Contractor is not required by law to carry workers' compensation insurance, in place of proof of workers' compensation insurance, Contractor may provide a written statement of exemption specifying the particular provision of Minn. Stat. § 176.041 that exempts Contractor from having to carry such coverage. If Contractor is required by law to carry workers' compensation insurance, Contractor shall, at the time of execution of this Agreement, furnish evidence satisfactory to the City that Contractor maintains or is exempt from maintaining insurance coverage pursuant to the terms of this Agreement. 8. Modifications. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by the City and Contractor. 9. Legal Compliance. Contractor shall abide by all federal, state, or local laws, statutes, ordinances, rules, and regulations now in effect or hereinafter adopted pertaining to this Agreement or to the facilities, programs, and staff for which Contractor is responsible. Contractor shall procure, at Contractor's expense, all permits, licenses, or other rights required for the provision of the services contemplated by this Agreement. Any violation of federal, state, or local laws, statutes, ordinances, rules or regulations, as well as loss of any applicable license, permit, or certification by Contractor shall constitute a material 3 507518v5 AMB MU125-11 breach of this Agreement, regardless of the reason and whether or not intentional, and shall entitle City to terminate this Agreement effective as of the date of such violation, failure, or loss. 10. Subcontracting and Assignment. Contractor shall not enter into any subcontract for performance of any services contemplated under this Agreement nor assign any interest in the Agreement without the prior written approval of the City staff and subject to such conditions and provisions as City staff may deem necessary or desirable in its sole discretion. If City permits the use of subcontractors, no subcontractor may perform any work under this Agreement without first providing the City with certificates of insurance showing all of the coverage required in Section 5 of this Agreement. Contractor shall be responsible for the performance of all subcontractors. Contractor shall pay the subcontractors for undisputed services provided by them within 10 days of receiving payment from the City. 11. Warranty of Workmanship and Timely Completion. Contractor warrants that all work completed for and within the City shall be done in a workmanlike and timely manner in accordance with applicable industry standards. If at any time the City is in receipt of complaints or comments regarding inadequate performance, City is to inform Contractor as soon as practical and allow Contractor the ability to address and answer to said complaint or comment. 12. Compliance with Statutory Requirements. a. Data Practices Compliance. Contractor will have access to data collected or. maintained by the City to the extent necessary to perform Contractor's obligations under this Agreement. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirement of this Act or this Agreement. Upon termination of this Agreement, Contractor agrees to return all data pertaining to City business to staff within 30 days of Agreement termination. b. Income Tax Withholding. Prior to the time of final payment of any amounts owing to Contractor under this Agreement, Contractor shall furnish a copy of the Form IC -134, certified by the Minnesota Department of Revenue, documenting that the Contractor has observed all withholding tax requirements. 13. Termination. Either party may terminate this Agreement on 30 days written notice to the other party. 14. Payment. With regard to payment for services, the City and Contractor agree as follows: 507518v5 AMB MU125-11 a. Building Inspection Services and Additional Requested Work. The City hereby agrees to pay Contractor for the furnishing of Services hereunder an hourly rate of $65.00 per hour for plan review, site inspections, office support and any additional services identified and mutually agreed upon by both the City and Contractor. This shall serve as the general rate for all Services performed under this Agreement, unless another rate is otherwise specified for particular tasks herein. b. After Hours Work. Inspections and/or other service requests outside of normal business hours, Monday through Friday 7:00 am to 4:30 pm, will be billed at the rate of $80.00 per hour. For all work billed at this rate, there shall be a 1 -hour minimum for any time entries under this paragraph. These terms are intended to be applied to emergency disaster response and the evaluation of buildings after natural or manmade disasters. C. Transportation. Contractor shall be responsible for all costs related to transportation to its completion of the Services hereunder. d. Attendance at City Council Meetings. Contractor attendance at required City Council workshops and regularly scheduled City Council meetings will be billed at a rate of $65.00 per hour. e. Office Hours. The Contractor and City shall agree to a schedule for office hours as needed. Contractor hereby agrees to conduct such office hours, compensable at a rate of $65.00 per hour. f. Remote Office Hours. The Contractor shall be available during non -office hours to accept inquiries from City Staff, residents, and contractors, through phone calls, emails, or other means of communications. During such inquires, the Contractor shall record all time in increments of 1/10 of an hour. Each entry shall list the date, the time spent, the person doing the work, and a brief but reasonably detailed description of the work that was completed. Contractor hereby agrees to conduct such non -office hours, compensable at a rate of $65.00 per hour, in increments of 1/10 of an hour. g. Travel Time. All compensable travel time authorized under this paragraph shall be billed at a rate of $65.00 per hour. Travel time shall begin when the Contractor arrives at the Mounds View City hall, or the first location where Services are scheduled to be performed for that day, and such time shall end upon leaving the Mounds View City Hall, or the last location where Services are to be performed at the end of the day. The Contractor shall not be reimbursed for travel time associated with travelling between its principal offices and Mounds View City Hall or the locations where Services are to be provided, nor the time associated with returning to Contractor's principal offices from Mounds View City Hall or the location where Services are provided, as stated herein. h. Forms. All forms, handouts, permits and paper copies to be provided to Mounds View residents and contractors conducting work in the City will be generated by 507518v5 AMB MU125-11 City staff and provided to Contractor, upon request. All efforts will be made to receive, process, and retain information electronically in an effort to save paper resources and physical storage space at the City offices. i. Invoices. Contractor payment for these services shall be as follows: i. Billing Method. Written invoices shall be submitted on a monthly basis and all non -disputed amounts are due and payable within 30 days of receipt by City. Written invoices shall include a detailed accounting including the type of work completed, the time associated with such tasks, who completed the work, and any other pertinent information to ensure compliance with the claim requirements of Minn. Stat. §§ 471.38; 471.391; and any other applicable law. Before paying a claim that involved the use of materials or labor supplied by someone other than Contractor, the City may require Contractor to supply proof of payment for such materials or labor, including all relevant lien releases. City shall notify Contractor in writing of any disputed items within 30 days from receipt of invoice. Undisputed amounts due Contractor will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) for invoices 30 days past due. No payroll or employment taxes of any kind shall be withheld or paid with respect to payments to the Contractor. The payroll or employment taxes that are the subject of this paragraph include, but are not limited to, FICA, FUTA, federal personal income tax, state disability insurance tax, and state unemployment insurance tax. Contractor is responsible for payment of any and all taxes related to compensation received under this Agreement. 15. Records Availability and Retention. The books, records, documents, and accounting procedures and practices of the Consultant Official relevant to this Agreement are subject to examination by the City or its designated representative and either the Legislative Auditor or State Auditor as appropriate. 16. Minnesota Law Governs. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall venue in Ramsey County District Court. 17. Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid or otherwise unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement. 18. Merger. Any previous agreements between the parties, either written or oral are hereby merged into this Agreement. 6 507518v5 AMB MU125-11 IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement, both in duplicate, on the day and year first above written. RUM RIVER VENTURES, LLC, CITY OF MOUNDS VIEW D/B/A RUM RIVER CONSTRUCTION CONSULTANTS Andy Schreder Owner, Chief Building Official 7 507518v5 AMB MU125-11 Carol A. Mueller, Mayor Attest: Nyle Zikmund, Interim City Administrator I City of Mounds View Staff Report Item No: 6.F. Meeting Date: September 25, 2017 Type of Business: Council Consent Administrator Review: t ; To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 8830, Approving a Loan Servicing Agreement with Community Reinvestment Fund The City has been a longstanding client of the Housing Resource Center (HRC), however, resident usage of HRC's services has declined over time resulting in decreased payments to HRC. HRC will discontinue these services at the end of 2017. HRC also administers the City's home improvement loan program and the loans were serviced by a third party, the Community Reinvestment Fund (CRF). With HRC discontinuing operations the City will need to contract directly with CRF for servicing of the existing loans. Kennedy and Graven has reviewed the proposed agreement. Recommendation: Staff recommends approval of the proposed loan servicing agreement with Community Reinvestment Fund. Respectfully submitted, Mark Beer RESOLUTION 8830 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Approving a Loan Servicing Agreement with Community Reinvestment Fund WHEREAS, the City has been a longstanding client of the Housing Resource Center (HRC); and WHEREAS, due to declining use by residents and declining revenue as a result, HRC will be discontinuing operations at the end of 2017; and WHEREAS, HRC administers the City's home improvement loan programs; and WHEREAS, HRC had contracted with Community Reinvestment Fund (CRF), a third party to service new and existing loans; and WHEREAS, the City will need to contract directly with CRF to provide continued loan servicing. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council approves entering into a loan servicing agreement with Community Reinvestment Fund and authorizes the Mayor and Interim City Administrator to execute the attached agreement. Adopted this 25th day of September, 2017 Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, Interim City Administrator (seal) LOAN SERVICING AGREEMENT BETWEEN COMMUNITY REINVESTMENT FUND, INC. AND 506156v2 AMB MU210-194 LOAN SERVICING AGREEMENT THIS AGREEMENT (the "Agreement") is entered into as of , 2017, by and between Community Reinvestment Fund, Inc., a Minnesota nonprofit corporation with an office at 801 Nicollet Mall, Suite 1700W, Minneapolis, MN 55402 ("Servicer") and the city of Mounds View, a municipal corporation under the laws of the state of Minnesota, with its principal address at 2401 Mounds View Boulevard, Mounds View, MN 55112 ("Client"). WITNESETH that in consideration of their mutual undertakings and payments provided for herein, the parties recite, covenant and agree as follows: WHEREAS, Servicer is a nonprofit corporation engaged in the servicing of development loans; and WHEREAS, Servicer represents that it is qualified and authorized to perform the services described herein; and WHEREAS, Client originates, purchases, owns and/or manages loans that benefit economically distressed or declining areas, disadvantaged persons, neighborhood or community revitalization, fosterjob creation, or other section 501(c)(3) charitable purposes; and WHEREAS, Servicer is authorized by Client to function as a servicing agent under the terms of this Agreement; and WHEREAS, the Client now desires to have Servicer perform the duties set forth herein for the loans covered by this Agreement. NOW THEREFORE, Servicer and the Client agree as follows: Section 1. Client Loans. Servicer shall be responsible for servicing all loans identified by the Client under the terms of this Agreement (the "Client Loans"). Section 2. Duties of Servicer. Servicer shall, at all times and with respect to all Client Loans, employ its normal and regular servicing activities in the servicing of Client Loans. The Servicer shall also perform those responsibilities specifically set forth on Schedule 1, attached hereto (the "Services"). The parties acknowledge that, from time to time, the Services may be modified at the request of the Client and agreement by the Servicer. Such changes shall be mutually agreed upon and are not effective unless agreed to in writing evidenced by the execution of a revised Schedule 1. Section 3. Effective Date. Servicer shall commence servicing activities under this Agreement effective as of the date of this agreement. Section 4. Servicing Compensation and Reimbursement. The Client shall compensate Servicer for the Services in accordance with the fee schedule attached hereto as Schedule 2 and reimburse Servicer for any of Servicer's out of pocket third -party costs of recordation, perfecting or releasing liens, legal costs incurred, servicing of notices, repossession, foreclosure, and other similar costs paid by Servicer on behalf of Client with respect to Servicer's actions on specific Client Loan(s) (collectively, the "Fees"). Servicer shall invoice Client monthly and all invoiced Fees, which are due within thirty (30) days from the date of the invoice or as otherwise provided herein. Following the Initial Term (hereinafter defined), as hereinafter defined, Servicer 506156v2 AMB MU210-194 may increase the Fees from time to time by providing an updated Schedule 2 to Client at least 30 days prior to effective date of the new Fee schedule. Section 5. Initial Boarding of Client Loans. I. In making this agreement with Servicer, Client represents, warrants, and agrees to provide to Servicer the information fields for each Client Loan and the documentation as identified in Schedule 3, attached hereto, regarding the Client Loans for which it desires servicing under the terms of this Agreement ("Boarding"). Each Client Loan will be communicated to Servicer in a mutually agreed-upon electronic format or formats (in cases where more than one file format is needed by Servicer). ii. The Client will cooperate with Servicer, and provide Servicer such information as may be necessary to perform its duties under this Agreement, reconcile any loan balance information provided to Servicer, and Servicer may rely in good faith on information provided to it by the Client. Section 6. Ongoing Boarding of Client Loans. From time to time, following the Effective Date of this Agreement, the Client may notify Servicer of newly -originated Loans for which it desires servicing under the terms of this Agreement. Each Client Loan will be communicated to Servicer in a mutually agreed-upon electronic format which will include the information required by Servicer to service such loan or loans as identified in Schedule 3. iii. Client represents, warrants, and agrees to cooperate with Servicer, and to provide Servicer such information as may be necessary to perform its duties under this Agreement, to reconcile any loan balance information provided to Servicer, and that Servicer may rely in good faith on the information provided to it by the Client. Section 7. Reports the Property of Client. All reports, documents, and material delivered by Servicer to Client pursuant to this Agreement are the exclusive property of the Client. Client may use any work product prepared by Servicer in such manner, for such purpose, and as often as Client shall deem advisable, in whole, in part, or in modified form, without further compensation to Servicer. Section 8. Nature of Agreement. Servicer shall perform all of its services and duties hereunder at its own expense and without cost or charge to the Client except as expressly provided herein. Servicer acknowledges that this Agreement does not constitute a joint venture, that the Client is not responsible for Servicer's acts, and that Servicer is acting as an independent contractor and not as agent for the Client except as may be specifically provided for herein. I. Governmental Approvals. Servicer has obtained and will maintain in full force and effect all related eligibility criteria in order to maintain in full force and effect, without material impairment, suspension or revocation, all municipal, local, or other applicable governmental approvals, registrations, qualifications, permits, licenses and other applicable authorizations that are required or necessary to perform and conduct the services and Servicer's business in accordance with Applicable Requirements, as hereinafter defined. ii. For purposes of this Agreement "Applicable Requirements" shall mean: (a) All applicable federal, state, and local legal and regulatory requirements binding upon the Servicer related to the performance of the Services; (b) All other applicable requirements and guidelines of each governmental and quasi -governmental agency, board, commission, instrumentality, and other governmental body or office having jurisdiction over Servicer; (c) All other judicial and administrative judgments, orders, stipulations, awards, writs, and injunctions applicable to the services or the Servicer; and 50615642 AMB MU210-194 (d) The reasonable and customary practices of prudent service providers that offer the same types of services as Servicer in the jurisdictions in which Servicer operates. Section 9. Disaster Recovery. Servicer shall take all reasonable precautions to safeguard information regarding the Client Loans to minimize the risk of loss from any disruption in business operations such as fire, flood, storm, epidemic illness, equipment failure, sabotage, terrorism, natural disaster, disaster caused by humans, or electronic data system failures; Servicer shall keep duplicate records of all electronic information in its possession pertaining to the Client Loans and shall store such records in a site remote from its main offices in the following manner: (a) Full backups of daily files for 30 consecutive days; (b) Full backups of month-end files for 7 years; and (c) In the event of a natural disaster or catastrophic failure of Service's electronic data system, Servicer shall have a period not to exceed 45 days from the date of such catastrophe to recover or reconstruct such lost data necessary to comply with the terms of this Agreement. Section 10. Equal Employment Opportunity. Servicer shall comply with all applicable provisions of the Equal Credit Opportunity Act (15 U.S.C. § 1691 at sec.). Servicer is an equal opportunity employer and will not discriminate against any person on the basis of race, color, creed, religion, sex, national origin, age, disability, marital status, sexual orientation, status with regards to public assistance, or any other characteristic protected by state or federal law. Section 11. Compliance. General. Servicer shall comply with all Applicable Requirements ii. Vendors. From time to time, Servicer may engage vendors to perform certain tasks that may be included in Servicer's performance of the Services. Servicer shall follow commercially reasonable practices designed to ensure that any Services performed by vendors are in compliance with the Applicable Requirements and this Agreement. iii. Policies and Procedures. Servicer will maintain and follow written internal policies and procedures which satisfy all Applicable Requirements in connection with providing services to the Client, including without limitation policies and procedures for internal quality control, employee hiring and training, and other methods that ensure compliance. iv. Audit Rights. The Client will have the right to audit Servicer, at the Client's own expense and not more than once per calendar year, in order to monitor compliance with the terms of this Agreement. Servicer will provide full cooperation and will be responsible for assuring full cooperation by its employees and vendors in connection with such audits. Servicer will, and shall cause any vendor that performs tasks related to the Services to, allow the Client and its counsel, accountants, and other representatives, as well as the applicable regulatory authorities of the Client, reasonable access upon thirty (30) days advance notice and only during normal business hours, to all of Servicer and vendors' files, books, and records directly relating to the Services performed for Client under this Agreement. Servicer will provide, and shall cause vendor to provide, to the Client, or obtain for the Client, access to such properties, records, and personnel as the Client may reasonably require, and shall provide the Client with Servicers most recent audited financial statements and the names, resumes, and proof of any required licensures for all relevant personnel employed by Servicer. Client and its representatives and affiliates shall treat all information obtained in such investigation that is not otherwise in the public domain as confidential to the extent permitted under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 506156v2 AMB MU210-194 Section 12. Indemnity. Servicer and Client each agree to indemnify, defend, and hold each other and each of their respective officers, directors, employees, agents, counsel, advisors and representatives (each, an "Indemnified Party") harmless from and against any and all claims, losses, penalties, fines, forfeitures, legal fees and related costs, judgments, and any other costs, fees and expenses that any Indemnified Party may sustain in any way related to the failure of Servicer or Client to perform its duties in compliance with the terms of this Agreement. Notwithstanding the foregoing, I. Neither party shall indemnify any such Indemnified Party if such acts, omissions or alleged acts of the Indemnified Party constitute fraud, gross negligence, willful misconduct or breach of fiduciary duty by such Indemnified Party; ii. Servicer shall not indemnify any such Indemnified Party, for any taxes, including without limitation any federal, state or local income or franchise taxes or other taxes, imposed on or measured by income received by such Indemnified Party (or any interest or penalties with respect thereto or arising from a failure to comply therewith) that are required to be paid by such Person in connection herewith to any taxing authority; iii. Either party hereto and any director, officer, employee or agent of such party may rely on any document of any kind which it in good faith reasonably believes to be genuine and to have been adopted or signed by the proper authorities or persons respecting any matters arising hereunder; iv. Neither party shall have any obligation to appear with respect to, prosecute or defend any legal action which is not incidental to this Agreement; and Section 13. Fidelity Bond. Servicer shall maintain with a responsible company, and at its own expense, a blanket fidelity bond and an errors and omissions insurance policy, in a minimum amount equal to $3,000,000, and a maximum deductible of $100,000, if commercially available, with coverage on all employees acting in any capacity requiring such persons to handle funds, money, documents or papers relating to the Client Loans ("Employees"). The fidelity bond shall insure the Client, its respective officers and employees against losses resulting from forgery, theft, embezzlement or fraud by such Employees. The errors and omissions policy shall insure against losses resulting from the errors, omissions, and negligent acts of such Employees. No provision of this Section 13 requiring such fidelity bond and errors and omissions insurance policies shall relieve Servicer from its duties as set forth in this Agreement. Upon the request of the Client, Servicer shall make available to the Client for their review, a true copy of such fidelity bond and errors and omissions insurance policy. Section 14. Limitation of Liability. Servicer's role is strictly limited to the Services. Client will be solely responsible for making all decisions concerning the management of the Client Loans. At all times, Client will be responsible for the accuracy of all information provided to Servicer and Servicer may rely on any document of any kind which it, in good faith, reasonably believes to be genuine and to have been adopted or signed by the proper authorities or persons respecting any matters arising hereunder. The sole duty of Servicer is to exercise ordinary care in its performance of the obligations described in this Agreement. Client agrees that Servicer, its officers, directors, agents, and employees (collectively, the "Servicer's Representatives") will not be liable for events or circumstances beyond their reasonable control, and the liability of Servicer and Servicer's Representatives will be limited to correcting errors caused by Servicer, unless the Servicers is otherwise required to indemnify the Client pursuant to the terms of this Agreement. Client and Servicer agree that clerical errors and mistakes in judgment do not constitute a failure to exercise ordinary care or to act in good faith. NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, ANY DAMAGES CLAIMED FOR LOSS OF INCOME, REVENUE, OR PROFITS OR FOR LOSS OF GOODWILL) ARISING FROM OR RELATED TO SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. 506156v2 AMB MU210-194 THE EXCLUSIVE REMEDY AVAILABLE TO CLIENT SHALL BE THE RIGHT TO PURSUE CLAIMS FOR ACTUAL DAMAGES THAT ARE DIRECTLY CAUSED BY ACTS OR OMISSIONS THAT ARE BREACHES BY SERVICER OF ITS DUTIES UNDER THIS AGREEMENT. SERVICER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NEVER EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO SERVICER PURSUANT TO THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH ACTION, EXCLUDING ANY THIRD PARTY COSTS. Section 15. Term of Agreement Termination. The initial term shall commence on the Effective Date and continue for a period of three (3) years (the "Initial Term"). Thereafter, the Agreement shall automatically renew for successive one (1) year periods, unless CRF or Client provides written notice of non -renewal to the other party at least sixty (60) days before the end of the current term. Notwithstanding the preceding, on the date corresponding to sixty days prior to any one year anniversary, the contract will automatically extend to the next one year anniversary date, unless notice of termination is given as specified in the following paragraph. I. Either the Client or Servicer may terminate servicing by Servicer with respect to any Client Loan or all Client Loans upon ninety (90) days written notice delivered to the other party via email (and duly acknowledged by the other party) or upon a Servicer Termination Event (as defined below). Upon such termination, Servicer shall promptly supply appropriate reports, documents, promissory notes and other information as requested by the Client or any person or entity designated by the Client and shall use its best efforts to effect the orderly and efficient transfer of servicing to the Client or a new servicer designated by the Client subject to the fees described in Schedule 2. ii. If any of the following events with respect to Servicer shall occur and be continuing, it shall be a "Servicer Termination Event': (a) any failure by Servicer to remit any payment required to be made under the terms of the Agreement which continues un -remedied for a period of ten (10) business days after such payment was required to be made (and such cured failure shall not be deemed a Servicer Termination Event); provided, however, that any such failure shall not constitute a Servicer Termination Event if such delay or failure could not have been prevented by the exercise of reasonable diligence by Servicer, or such delay or failure was caused by an act of God or public enemy, acts of declared or undeclared war, terrorism, public disorder, rebellion, riot or sabotage, epidemics, landslides, lightening, fire, hurricanes, tornadoes, earthquakes, nuclear disasters or meltdowns or floods; or (b) any breach by Servicer of the representations and warranties contained herein that, in the Client's sole discretion, materially and adversely affects the interests of the Client, or any failure on the part of Servicer to observe or perform in any material respect any of the covenants or agreements on the part of Servicer not described in subsection (a) and that continues unremedied for a period of thirty (30) days after the date on which notice of such breach, requiring the same to be remedied, shall have been given to Servicer by the Client; provided, however, that if Servicer certifies to the Client that Servicer is in good faith attempting to remedy such breach, such cure period will be extended to the extent necessary to permit Servicer to cure such breach, but in no event more than thirty (30) days from the date of receipt by Servicer of written notice of such breach; or (c) a decree or order of a court or agency or supervisory authority having jurisdiction for the appointment of a conservator or receiver or liquidator in any insolvency, readjustment of debt, marshaling of assets and liabilities or similar proceedings, or for the winding -up or liquidation of its affairs, shall have been entered against Servicer and such decree or order shall have remained in force, undischarged or unstayed for a period of 60 days; or 506156v2 AMB MU210-194 (d) Servicer shall consent to the appointment of a conservator or receiver or liquidator in any insolvency, readjustment of debt, marshaling of assets and liabilities or similar proceedings of or relating to Servicer or of or relating to all or substantially all of Servicer's property; or (e) Servicer shall admit in writing its inability to pay its debts as they become due, file a petition to take advantage of any applicable insolvency or reorganization statute, make an assignment for the benefit of its creditors, or voluntarily suspend payment of its obligations. Section 16. Assignment of Rights. Servicer acknowledges that all right, title and interest in and to this Agreement may be assigned with prior written approval, such approval not to be unreasonably withheld, by the Client to its successor or any trustee designated by the Client, if any, and that the successor and trustee shall have the rights to enforce the same. Servicer may not assign its rights under this Agreement without the prior written consent of the Client. Section 17. Independent Contractor. Nothing herein contained shall be deemed or construed to create a co -partnership or joint venture between the parties hereto and the services of Servicer shall be rendered as an independent contractor and not as agent for the Client, its successors and assigns, or any obligors or noteholders under the Client Loans. Section 18. Amendments. This Agreement may not be amended or modified except by a written agreement signed by the parties in interest at the time of such modification. Notwithstanding the foregoing, Servicer may adjust the Fees by providing an updated Schedule 2 and all other Schedules may be changed by mutual written agreement. Section 19. Confidentiality. Neither the Client nor Servicer shall disclose or use any Confidential Information (as defined below in Section 19.v) of the other party or its affiliates without the express written authorization of such other party or its affiliates, and each party will keep such Confidential Information confidential and will ensure that its affiliates and advisors who have access to such Confidential Information comply with such non -disclosure and non-use obligations. I. Notwithstanding the foregoing, the Client or Servicer may provide such Confidential Information as required pursuant to a court or administrative subpoena, court order or other such legal process or requirement of law; provided, however, that it shall endeavor to promptly notify the other of such request, order or requirement, unless such notice is prohibited by statute, rule, or court order. Nothing herein shall require either the Client or Servicer to fail to honor a subpoena, court or administrative order, or a requirement of law on a timely basis. ii. Notwithstanding this section, Servicer is expressly permitted to release information to borrowers upon written request regarding their specific loans; and, following receipt of borrowers written authorization to release information, Servicer is expressly authorized to release such information regarding that borrowers loan to a third party. iii. Servicer shall cause vendors, if any, not to use or disclose any Confidential Information of the Client except in compliance with this Agreement. Notwithstanding the foregoing, a vendor may disclose Confidential Information as required pursuant to a court or administrative subpoena, order, or other such legal process or requirement of law; provided, however, that it shall first notify the Client of such request or requirement, unless such notice is prohibited by statute, rule or court order. Servicer shall not, on the Client's behalf, require a vendor to fail to honor a subpoena, court or administrative order, or a requirement of law on a timely basis. Servicer shall also cause vendors not to remove any Confidential Information from the Client premises without the Client's prior written authorization. iv. Each party shall limit access to the other party's Confidential Information to only those of its employees and agents who require such access in performing their duties hereunder. Servicer agrees to either return the Confidential Information to the Client or destroy the Confidential Information upon completion of the work or, in any event, upon termination of the Agreement between the parties. Except as expressly provided in this Agreement, no ownership or license rights are granted in any Confidential Information. 506156v2 AMB MU210-194 Notwithstanding the foregoing, Confidential Information may be disclosed to a party's accountants, attorneys, insurers, regulators and consultants. Notwithstanding the foregoing, a party may retain one archival copy of Confidential Information that may be used solely to demonstrate compliance with this Agreement, Applicable Law, and internal policies and procedures. v. "Confidential Information" shall mean any information of Servicer, the Client or their respective affiliates (whether written or oral), including: (a) Financial information, marketing plans, and personnel records; (b) Technical and non-technical data, including without limitation, customer lists, customer information, customer non-public information, fee schedules, forms, information, business and management methods, trade secrets, compilation and analysis of financial information and data to prepare and submit bids and proposals to third parties; (c) Other proprietary or confidential information; (d) Proprietary computer software, management information and information systems, whether or not such Confidential Information is disclosed or otherwise made available to one party or the other pursuant to this Agreement. (e) Terms and provisions of this Agreement and any transaction or document executed by the parties pursuant to this Agreement. Confidential Information does not include any information that: (1) is or becomes generally available to and known by the public (other than as a result of an unpermitted disclosure directly or indirectly by the receiving party or its affiliates, advisors, or representatives); (2) is or becomes available to the receiving party on a non -confidential basis from a source other than the furnishing party or its affiliates, advisors, or representatives, provided that such source is not and was not bound by a confidentiality agreement with or other obligation of secrecy to the furnishing party of which the receiving party has knowledge at the time of such disclosure; or (3) has already been or is hereafter independently acquired or developed by the receiving party without violating any confidentiality agreement with or other obligation of secrecy to the furnishing party. (f) Notwithstanding anything herein, the parties hereto acknowledge that Client is a governmental entity subject to the terms of the Minnesota Government Data Practices Act (the "Act"), Minnesota Statutes, Chapter 13. The Client shall comply with the Act, and to the extent necessary, Servicer hereby agrees to assist the Client as requested. To the extent that either party is required to disclose Confidential Information, as herein defined, pursuant to the Act, such party shall be relieved of its duties of non -disclosure pursuant to this Section. Section 20. Notices. All notices and communications as part of this Agreement must be in writing and, except as otherwise agreed to, must be delivered, mailed, faxed, or telegraphed to the following addresses: i.lf to Servicer, to: Community Reinvestment Fund, Inc. 801 Nicollet Mall, Suite 1700W Minneapolis, MN 55402 Attention: Loan Servicing Phone: (612) 248-8043 Email: loanservicinp@crfusa.com 506156v2 AMB MU210-194 With a copy to: Community Reinvestment Fund, Inc. 801 Nicollet Mall, Suite 170OW Minneapolis, MN 55402 Attention: CFO Phone: (612) 338-3050 Email: Compliance@crfusa.com ii.lf to the Client, to: City of Mounds View 2401 Mounds View Boulevard Mounds View, Minnesota Attention: City Administrator Phone: (763) 717-4000 With a copy to: Scott J. Riggs, City Attorney 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 Phone: (612) 337-9300 Email: Sriggs@kennedy-graven.com iii. Each such notice shall be effective upon receipt by the recipient. Section 21. Governing Law. This Agreement and each transaction consummated hereunder shall be deemed to be made under the internal laws of the State of Minnesota and shall be construed in accordance with and governed by the laws of said State, without regard to the choice of law rules of that State, except to the extent that any of such laws may now or hereafter be preempted by Federal law. Section 22. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which shall together constitute one and the same instrument. Section 23. Prior Agreement. This Agreement supplements any and all prior agreements between Servicer and Client related to the Client Loans. In the event of a conflict between this Agreement and any prior agreement between Servicer and Client related to the Client Loans, this Agreement shall prevail, unless otherwise provided herein. Section 24. Authorized Persons. Client agrees to maintain a proper and complete log of individuals with access to client portal and receipt of reports, either orally or in writing, with respect to Client Loans or Client reports; and to promptly inform Servicer of any changes to those persons having access to or receiving reports or information about Client Loans as first set forth in Schedule 4, and Servicer shall not be responsible for any correspondence with or access provided to any such individual who is approved to interact with Servicer. Section 25. Records. Servicer shall retain all records relating to a Loan for at least one year following termination of this Agreement or one year from maturity or payoff of a Loan unless such documentation is requested by and delivered to Client at an earlier date. The records will be maintained in either hard copy or machine- readable (electronic) format. In the event Servicer is no longer in existence, its successor shall continue to retain such records as provided above or deliver the records to Client. 506156v2 AMB MU210-194 Section 26. Deconversion. In the event of termination of this agreement, Servicer agrees to provide Client with electronic copies of the Client Loan records in Servicer's standard format at the Fees set forth in Schedule 2. 50615642 AMB MU210-194 Accepted and Agreed to: City of Mounds View 0 Carol A. Mueller, Mayor Rw Community Reinvestment Fund, Inc. Nyle Zikmund, Interim City Administrator DATED: DATED: 10 506156v2 AMB MU210-194 Schedule 1 Duties of Servicer INVESTOR SETUP AND LOAN TRANSFER • Investor Setup- Servicer will set up Client in the servicing system so the software is able to assign loans and produce reports for the Client. • Portal access -Servicer will set up access on portal to Client authorized personnel. Client will have the ability to access investor reports, any loan in the investors portfolio as well as comments related to any loan. • Loan Transfer -On determined date, loans will be transferred from current investor code GMHC to COMV NEW LOAN SET UP • Loan Boarding- Servicer will receive loan information from Client in an agreed upon format for boarding the loan into the Servicers servicing system. Within 3 days of receipt, Servicer will board the new loan using the information provided. • Quality Control Review -the loan will be reviewed prior to activation to verify the servicing system matches the terms of the promissory note. • Welcome Letter -A welcome letter will be sent to the borrower upon loan setup. This letter shall include the toll free customer service number as well as an email address that are available for the borrower to use should they have a question regarding their loan. Customer service is available from 8:00 AM to 4:30 PM Monday through Friday. An ACH form is included in the letter for the borrower to complete and return to CRF if they would like their payments drafted automatically. The letter will also contain instructions for the borrower to receive access to loan portal where they have access to all their loan information and ability to make payments. STANDARD SERVICING • Billing- Borrowers with loans that have regularly scheduled payments will receive billing statements on a monthly basis or appropriate frequency based on terms of the promissory note. • Collection of Loan payments -Servicer shall collect payments of principal, interest and any appropriate fees. • Customer Service- Servicer shall provide customer service from 8:OOAM — 4:30 PM CST. The customer service team is available through the toll free phone number or email at loanservicing@cr[usa.com . Borrowers are able to view loan information on loan portal as well as schedule payments. Setup instructions are included in the Welcome letter. Inquiries will be responded to within one (1) business day. • Past Due Collections- Servicer will make reasonable efforts to maintain loans in a current status and will deal promptly who are delinquent. Servicer will deal with loan defaults as directed by Client. • Reporting- Servicer will provide standard monthly reporting to Client on the 15r business day of the month. The standard reports are as listed: o Loan Trial Balance o Aged Delinquency o Principal and Interest Collections o New Loan o Paid Loan Special reports may be added at an additional cost for programming. IRS Reporting -Servicer shall provide borrowers with the required IRS annual tax reporting. Funds Remittance -Servicer shall remit collected funds less servicing fee to Client by the 10th business day of the month. Late charges will be retained by Servicer. Funds will be remitted via ACH. An invoice will be distributed detailing the servicing fees. LIEN SATISFACTION PREPARATION Loan Payoffs -Servicer will process loan payoffs, issue payoff statements as requested by authorized individuals within 48 hours and remit funds to Client. Servicer shall draft mortgage satisfactions 10 business days after loan is paid in full to ensure funds received are cleared. Satisfaction is sent to Client for signature. Schedule 2 Contract Loan Servicing Pricing City of Mounds View Activity Description Pricing Investor setup and loan transfer Set up investor structure and $500.00 -One-time fee transfer loan to new investor codes New Loan Setup Loan Boarded to servicing system $15.00- One-time fee and quality control review, welcome letter Standard Servicing Activities — Payment processing, billing notices, $10.00 -per loan per month Amortizing loans customer service, investor reporting, early collections Standard Servicing Activities — Payment processing, customer $5.00 per loan per month Deferred Loans service, investor reporting Final /Special Processing For Charge-off, foreclosure, service $25.00 per transaction Transaction release, loans not paid in full but no longer active on the servicing system Lien Satisfaction Preparation Create mortgage/deed of trust $35.00 One-time fee satisfaction *A minimum servicing fee of $100.00 per month for the term of the contract* Item No: 6.G. Meeting Date: September 25, 2017 MO* � DS MEOW Type of Business: Council Consent Uj�JjJ v 1J .� Y Administrator Review:�'� City of Mounds New Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 8832 Authorizing a Budget Adjustment for Executive Search Consulting Services Background: The City Council approved resolution 8796 on July 24, 2017, which authorized Springsted Waters to conduct an executive search for a new City Administrator. This was an unplanned expenditure so the budget will need to be amended to accommodate the contract amount. The contract provided for up to $21,500 for these services. Recommendation: Staff recommends increasing account 100-4160-3030 professional services by $21,500. Respectfully submitted, &are�®r,inance Dire toi�- RESOLUTION 8832 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING A BUDGET ADJUSTMENT FOR EXECUTIVE SEARCH CONSULTING SERVICES WHEREAS, the City Council authorized the use of an executive search firm to assist the City in finding a replacement for the key position of City Administrator; and, WHEREAS, this was an unanticipated expenditure and would require the City Council to amend the 2017 budget to accommodate the additional expenditures. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View does hereby authorize an increase of $21,500 to account 100-4160-3030 to accommodate the additional professional services. Adopted this 25t1 day of September, 2017 Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, Interim City Administrator (SEAL) Item No: 9.A. M7 �� T7�r Meeting Date: September 25, 2017 OLII:TDS V iL' �Y Type of Business: Council Business Administrator Review: City ofMounds Uiew StaffRe ort To: Honorable Mayor and City Council From: Mike Bradley, Attorney for the North Suburban Communications Commission (NSCC) Item Title/Subject: Public Hearing, Introduction and First Reading of Ordinance 937 an Ordinance Granting a Franchise to Comcast of Minnesota, Inc., D/B/A Comcast to Construct, Operate, and Maintain a Cable Communications System in the City of Mounds View; Setting Forth Conditions Accompanying the Grant of the Franchise; Providing for Regulation and Use of the System and the Public Rights -Of -Way in Conjunction with the City's Right -Of -Way Ordinance, if any, and Prescribing Penalties for the Violation of the Provisions Herein; Introduction: The City of Mounds View is a member of North Suburban Communications Commission (the "NSCC"), a municipal joint powers entity formed by nine member cities. The NSCC administers the cable franchises that each member city has with Comcast and CenturyLink. The current Comcast cable franchise was granted in 1998 for a fifteen year term. Comcast and the NSCC commenced initial informal negotiations in 2011. Informal negotiations did not result in an agreement and led to the parties following the formal cable franchise renewal process set forth in federal law. That process included the NSCC conducting a formal needs ascertainment and issuing a request for renewal proposal to Comcast. Comcast submitted a formal renewal proposal. After holding a public hearing on the renewal proposal, the member cities, upon the recommendation of the NSCC, made a preliminary decision not to renew the Comcast franchise. Comcast and NSCC sent the matter on to the Minnesota Office of Administrative Hearings ("OAH") to have an Administrative Law Judge ("ALJ") hear the matter and prepare a recommendation to the NSCC on whether to renew the Comcast franchise. While the matter was pending before OAH, Comcast and the NSCC agreed to recommence informal cable franchise negotiations. These negotiations resulted in the attached Comcast cable franchise agreement, which the NSCC has recommended for adoption by the City. The NSCC also held a public hearing on behalf of its member cities on August 3, 2017. DISCUSSION Deal Point Summary The following is a high level deal point summary of the Comcast Cable Franchise under consideration. 1. Mutually agreeable Franchise. The current cable franchise was ultimately used as a base document. Incorporates prior agreements on renewal terms. o Gross Revenues Definition o Auditing Provisions o Electronic Programming Guide o Channel Placement 2. 10 year franchise term. 3. 5% Franchise Fee paid to each Member City. 4. Current PEG Grant Funding pursuant to 1994 MOU remains in place through December 31, 2017. Maintaining current funding through year-end will allow NSCC to budget for 2018 using the new PEG funding that starts in 2018. 5. Starting January 1, 2018, Comcast will pay a 3% PEG Capital Fee. • New NSAC PEG Sponsorship Agreement commences January 1, 2018. o Allows PEG funding to continue to be used for capital and operational purposes. o Agreed to simultaneously with Franchise. • Comcast allowed to recover a claimed PEG funding underrecovery through a .5% PEG Fee through December 31, 2019. • No change in PEG Fee in 2017 - capped at $6.00. • All subscribers should see their PEG Fee decrease starting in 2018, but the amount of the new PEG fee will fluctuate per subscriber depending on the amount of the cable television services purchased. 6. 6 SD PEG channels, plus 2 HD PEG channels. One additional HD PEG channel (3'd HD Channel) 60 months after the effective date. Comcast may simulcast all PEG channels in HD. • PEG Available to all subscribers regardless of tier of service. • No provision for Universal Service (reception of PEG channels only at no charge). • Electronic Programming Guide — per 2014 Settlement Agreement. • Channel Placement — close proximity to Broadcast Channels — like 2014 Settlement Agreement. • Complimentary Service and Equipment to Public Buildings. o Drop to additional public buildings 250 to 500 feet depending on whether it is aerial or underground. (limited to 5 additional buildings) 0 7 boxes per City Hall and 3 boxes at other locations per Franchise and Side Letter. • New Remote Cablecasting Provisions. o Comcast will provide equipment to allow for remote cablecasting using the Comcast public internet. 7. Network Services to the Commission and Member Cities. Comcast will continue to provide PEG Video Origination Feeds from Member Cities to the Commission. o Through the old I -Net or alternative means — same functionality. Comcast will continue to allow PEG Video Sharing with neighboring jurisdictions. o Through the old PRISMA network or alternative means — same functionality. Enterprise Services Option. o For Member Cities and Commission using the old I -Net for phone and data services. o Roseville, Arden Hills, Lauderdale, and North Oaks. • Others can join as needed. o Competitive Pricing. o Can use fiber I -Net through December 31, 2017. o City of Roseville will coordinate data and phone needs with Member Cities. o Most Favored Nations clause — Comcast has agreed to match pricing and services given to any other Twin Cities municipal entities. 8. Level Playing Field • Requirement to treat competitors similarly related to Franchise Fees, PEG Funding, PEG Channels, and Customer Service. o Side Agreement that current CenturyLink Franchise is treated similarly. Standard FCC customer service provisions and reporting. 10. Mutually acceptable audit and dispute resolution procedures and provisions. 11. Indemnification. Comcast will provide indemnification from any litigation arising from the passage of the Franchise for a period of 6 months following the Effective Date of the Franchise. ACTIONS REQUESTED The NSCC recommends approval of the attached cable television franchise ordinance. The City should follow its typical process for adoption of an ordinance. Assuming approval by all of the member cities and acceptance by Comcast of the cable franchise, the NSCC and Comcast would take action to terminate the formal cable franchise renewal process pending before the OAH. 0 ORDINANCE NO. 937 CITY OF MOUNDS VIEW CABLE TELEVISION FRANCHISE ORDINANCE Date: September 25, 2017 Prepared by: Michael R. Bradley Bradley Berldand Hagen & Herbst, LLC 1976 Wooddale Drive, Suite 3A Woodbury, MN 55125 Telephone: (651) 379-0900 E -Mail: mike@bradleylawmn.com Table of Contents STATEMENT OF INTENT AND PURPOSE............................................................................... 1 FINDINGS.................................................................................................................................1 SECTION 1. SHORT TITLE AND DEFINITIONS..................................................................... 2 SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS ................................ 5 SECTION 3. CONSTRUCTION STANDARDS......................................................... I.............. 10 SECTION 4. DESIGN PROVISIONS........................................................................................ 12 SECTION 5. SERVICE PROVISIONS ........................................ .............. 14 SECTION 6. ACCESS CHANNEL(S) PROVISIONS............................................................... 16 SECTION 7. NETWORKING PROVISIONS............................................................................ 19 SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS ................................... 20 SECTION 9. DISPUTE RESOLUTION..................................................................................... 23 SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE........................................................................................................ 27 SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS ...................................................... 30 SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS ....................... 31 SECTION 13. MISCELLANEOUS PROVISIONS.................................................................... 31 SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS ........ 33 Exhibit A — Drops to Designated Buildings............................................................................... A-1 i Exhibit B — Comcast Enterprise Services Master Services Agreement (MSA) ......................... B-1 Exhibit B2 — First Amendment to Comcast Enterprise Services Master Agreement ............... B2-1 Exhibit B3- Comcast Enterprise Services General Terms and Conditions ............................... B3-1 Exhibit C — Existing Network Facilities..................................................................................... C-1 Exhibit C — Schedule C-1 — Dark Fiber Connections....................................................... Sch C-1-1 Exhibit C — Schedule C-2 — PEG Origination Points ....................................................... Sch C-2-1 Exhibit D — March 1, 2012, Settlement Agreement.................................................................... D-1 Exhibit E — Sample Gross Revenues Report ................................................................................E-1 Exhibit F — Performance Bond.................................................................................................... F-1 Exhibit G — Indemnification Agreement..................................................................................... G-1 ii ORDINANCE NO. 937 AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF MINNESOTA, INC., D/B/A COMCAST TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF MOUNDS VIEW; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN; The City Council of the City of Mounds View ordains: STATEMENT OF INTENT AND PURPOSE The City intends, by the adoption of this Franchise, to bring about the further development of a Cable System and the continued operation of it. Such development can contribute significantly to the communication needs and desires of the residents and citizens of the City and the public generally. Further, the City may achieve better utilization and improvement of public services and enhanced economic development with the development and operation of a Cable Communication System. Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and its residents. FINDINGS In the review of the request and proposal for renewal by Grantee and negotiations related thereto, and as a result of a public hearing, the City Council makes the following findings: The Grantee's technical ability, financial condition, legal qualifications, and character were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; 2. Grantee's plans for constructing, upgrading, and operating the System were considered and found adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to be heard; 3. The Franchise granted to Grantee by the City complies with the existing applicable Minnesota Statutes, federal laws and regulations; and The Franchise granted to Grantee is nonexclusive. SECTION 1. SHORT TITLE AND DEFINITIONS I. Short Title. This Franchise Ordinance shall be known and cited as the Comcast Cable Franchise Ordinance. 2. Definitions. For the purposes of this Franchise, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. a. "Basic Cable Service" shall be defined as set forth in applicable law, which is currently defined in 47 USC § 522(3) as any service tier which includes the retransmission of local television broadcast signals. b. "City" means City of Mounds View, a municipal corporation, in the State of Minnesota, acting by and through its City Council, or its lawfully appointed designee. C. "City Council" means the governing body of the City. d. "Cable Service" or "Service" shall be defined as set forth in applicable law, which is cunently defined in 47 USC § 522(6) as the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. e. "Cable System" or "System" shall be defined as set forth in applicable law, which is currently defined in 47 USC § 522(7) as a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (A) a facility that serves only to retransmit the television signals of I or more television broadcast stations; (B) a facility that serves subscribers without using any public right-of- way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of subchapter II of the Communications Act of 1934, as amended, except that such facility shall be considered a cable system (other than for purposes of section 541(c) of the Federal Cable Act) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on -demand services; (D) an open video system that complies with section 573 of the Federal Cable Act; or (E) any facilities of any electric utility used solely for operating its electric utility system. This definition shall incorporate by reference the definition of "cable communications system" in Minnesota Statutes Section 238.02, Subdivision 3, as the sante may be amended from time to time. f "Commission" means the North Suburban Communications Commission, a municipal Joint Powers Commission. 2 g. "Converter" means an electronic device such as a set-top box or digital adapter which converts signals to a frequency acceptable to a television receiver of a Subscriber and by an appropriate selector permits a Subscriber to view all Subscriber signals included in the service. It. "joR" means the cable that connects the ground block on the Subscriber's residence or institution to the nearest feeder cable of the System. i. "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor. j. "Franchise" or "Cable Franchise" means this ordinance and the regulatory and contractual relationship established hereby. k. "Grantee" or "Comcast" is Comcast of Minnesota, Inc., its lawful successors, transferees or assignees. 1. "Gross Revenues" shall be defined as and shall be construed broadly to include all revenues derived directly or indirectly by Comcast and/or an Affiliate that is a cable operator of the Cable System, from the operation of Comeast's Cable System to provide Cable Services within the City (including cash, credits, property or other consideration of any kind or nature). Gross revenues include, by way of illustration and not limitation: monthly fees for Cable Services, regardless of whether such Cable Services are provided to residential or commercial customers, including revenues derived from the provision of all Cable Services (including but not limited to pay or premium Cable Services, digital Cable Services, pay-per-view, pay -per -event and video -on -demand Cable Services); installation, reconnection, downgrade, upgrade or similar charges associated with changes in subscriber Cable Service levels; fees paid to Comcast for channels designated for commercial/leased access use; converter, remote control, lockout device and other Cable Service equipment rentals and/or leases or sales; advertising revenues received or derived by Comcast and/or its Affiliates, including, but not limited to, rep fees, Affiliate fees, rebates and commissions, but excluding unaffiliated agency fees; late fees, convenience fees and administrative fees; revenues from program guides; franchise fees; and commissions from home shopping channels and other revenue sharing arrangements. Gross Revenues subject to franchise fees shall include revenues derived from sales of advertising that run on Comcast's Cable System within the City and shall be allocated on a pro rata basis using total Cable Set -vice subscribers reached by the advertising. Additionally, Comcast agrees that Gross Revenues subject to franchise fees shall include all commissions paid to National Cable Communications ("NCC") and Cornetist Spotlight ("Spotlight") or their successors associated with sales of advertising on the Cable System within the City allocated according to this paragraph using total Cable Service subscribers reached by the advertising. Gross revenues shall not include: actual bad debt write-offs, provided, however, that all or part of any such actual bad debt that is written off but subsequently collected shall be included in Gross Revenues in the period collected; and c any taxes on services furnished by Comcast imposed by any municipality, state or other governmental unit, provided that franchise fees shall not be regarded as such a tax. i. To the extent revenues are received by Comcast for the provision of a discounted bundle of services which includes Cable Services and non -Cable Services, Comcast shall calculate revenues to be included in Gross Revenues using a methodology that allocates revenue on a pro rata basis when comparing the bundled service price and its components to the sum of the most recent published rate card rate for the components, except it is expressly understood that equipment may be subject to inclusion in the bundled price at full rate card value. This calculation shall be applied to every bundled service package containing Cable Service from which Comcast receives or derives revenues in the City, and must be updated within sixty (60) days of the date any rate change for cable and/or non - cable services is implemented for a service package containing Cable Service or the date any rate change is implemented for any service included in a service package that contains Cable Service. The NSCC reserves its right to review and to challenge Comeast's calculations. ii. For purposes of this definition, the term "Affiliates" means any person(s) and/or entity(ies) who own or control, are owned or controlled by or are under common ownership or control with Comcast of Minnesota, Inc., but does not include affiliated entities such as NBCU and Spectator that are not directly or indirectly involved with the programming, use, management, operation, construction, repair and/or maintenance of Comcast Corporation's cable systems. iii. Resolution of any disputes over the classification of revenue should first be attempted by agreement of the Parties, but should no resolution be reached, the Parties agree that reference shall be made to generally accepted accounting principles ("GAAP") as promulgated and defined by the Financial Accounting Standards Board ("FASB"), Emerging Issues Task Force (` EITF") and/or the U.S. Securities and Exchange Commission ("SEC"). Notwithstanding the forgoing, the City and/or the Commission reserves its right to challenge Comeast's calculation of Gross Revenues, including the use or interpretation of GAAP as promulgated and defined by the FASB, EITF and/or the SEC. In. "Installation" means the connection of the System from feeder cable to the point of connection with the Subscriber Converter or other terminal equipment. n. "Lockout Device" means an optional mechanical or electrical accessory to a Subscriber's terminal which inhibits the viewing of a certain program, certain channel, or certain channels provided by way of the Cable Communication System. o. "Memorandum of Understanding" or "MOU" means that certain agreement dated November 3, 1994, regarding PEG access funding, creation of a "PEG Fee" and certain rate regulatory issues. M P. "North Suburbs Access Corporation" or "NSAC" means that certain non- profit corporation or its lawful successor, designee, or assignee, which is delegated authority and responsibility for providing certain community programming functions including public access. q. "North Suburban System" means the Cable System located in those municipalities collectively comprising the North Suburban Communication Commission. r. "Person" is any person, firm, partnership, association, corporation, company, or other legal entity. S. "Right -of -Way" or "Rights-of-Wav" means the area on, below, or above any real property in City in which the City has an interest including, but not limited to any street, road, highway, alley, sidewalk, parkway, park, skyway, or any other place, area, or real property owned by or under the control of City, including other dedicated Rights -of - Way for travel purposes and utility easements. t. "Right -of -Way Ordinance" means the ordinance codifying requirements regarding regulation, management and use of Rights -of -Way in City, including registration and permitting requirements. U. "Standard Installation" means any residential installation which can be completed using a Drop of 250 feet or less. V. "Subscriber" means any Person who lawfully receives service via the System. In the case of multiple office buildings or multiple dwelling units, the "Subscriber" means the lessee, tenant or occupant. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 1. Grant of Franchise. a. This Franchise is granted pursuant to the terms and conditions contained herein b. Nothing in this Franchise shall be deemed to waive the lawful requirements of any generally applicable City ordinance existing as of the Effective Date. C. Each and every term, provision or condition herein is subject to the provisions of state law, federal law, and local ordinances and regulations. d. This Franchise shall not be interpreted to prevent the City from imposing additional lawful conditions, including additional compensation conditions for use of the Rights -of -Way, should Grantee provide service other than Cable Service. e. No rights shall pass to Grantee by implication. Without limiting the foregoing, by way of example and not limitation, this Franchise shall not include or be a substitute for: i. Any other permit or authorization required for the privilege of transacting and carrying on a business within the City that may be required by the ordinances and laws of the City; ii. Any permit, agreement, or authorization required by the City for Right -of - Way users in connection with operations on or in Rights -of -Way or public property including, by way of example and not limitation, street cut permits; or iii. Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by this Franchise including, without limitation, permits and agreements for placing devices on poles, in conduits or in or on other structures. f This Franchise is intended to convey limited rights and interests only as to those Rights -of -Way in which the City has an actual interest. It is not a warranty of title or interest in any Right -of -Way; it does not provide the Grantee with any interest in any particular location within the Right -of -Way; and it does not confer rights other than as expressly provided in the grant hereof. g. This Franchise does not authorize or prohibit Grantee to provide telecommunications service or other services, or to construct, operate or maintain telecommunications facilities. This Franchise is not a bar to imposition of any lawful conditions on Grantee with respect to telecommunications, whether similar, different or the same as the conditions specified herein. This Franchise does not relieve Grantee of any obligation it may have to obtain from the City an authorization to provide telecommunications services or other services, or to construct, operate or maintain telecommunications facilities, or relieve Grantee of its obligation to comply with any such authorizations that may be lawfully required. 2. Grant of Nonexclusive Authority. The City reserves the right to grant additional franchises or similar authorizations to provide video programming services via Cable Systems or similar wireline systems located in the public Rights -of -Way. It is not the City's intent to treat competitors in a discriminatory manner and to advantage one competitor over another by regulation. If the City grants such an additional franchise or similar authorization to use the public rights of way to provide such services and Grantee believes the City has done so on terms materially more favorable than the Material Obligations (defined below) under this Franchise, then the provisions of this paragraph will apply. As part of the Grantee's franchise, the City has agreed upon the following terms as a condition of granting the franchise which terms may place the Grantee at a significant competitive 6 disadvantage if not required of a competitor: a 5% franchise fee, PEG funding, PEG channels, and customer service obligations (hereinafter "Material Obligations"). Within one year of the adoption of the competitor's franchise or similar authorization, Grantee must notify the City in writing of the Material Obligations in Grantee's franchise that exceed the Material Obligations of the competitors franchise to similar authorization. The City shall have sixty (60) days to agree to allow Grantee to adopt the same Material Obligations provided to the competitor, or dispute that the Material Obligations are different. In the event the City disputes the Material Obligations are different, Grantee may bring an action in federal or state court for a determination as to whether the Materials Obligations are different. Nothing in this section is intended to alter the rights or obligations of either party under state law, and it shall only apply to the extent permitted under applicable FCC orders. In no event will the City be required to refund or to offset against future amounts due the value of benefits already received. This provision does not apply if the City is ordered or required to issue a franchise on different terms and conditions, or it is legally unable to do so; and the relief is contingent on the new franchisee actually commencing provision of service in the market to its first customer. This provision does not apply to open video systems, nor does it apply to common carrier systems exempted from franchise requirements pursuant to 47 U.S.C. Section 571; or to systems that serve less than 5% (five per cent) of the geographic area of the City; or a system that only provides video services via the public Internet. 3. Lease or Assignment Prohibited. No Person may lease Grantee's System for the purpose of providing Service until and unless such Person shall have first obtained and shall currently hold a valid Franchise or other lawful authorization containing substantially similar burdens and obligations to this Franchise. Any assignment of rights under this Franchise shall be subject to and in accordance with the requirements of Section 10, Paragraph 5 (Sale or Transfer of Franchise). 4. Franchise Term. This Franchise shall be in effect for a period of ten (10) years from the date of acceptance by Grantee, unless sooner renewed, revoked or terminated as herein provided. 5. Previous Franchises. Upon acceptance by Grantee as required by Section 13 herein, this Franchise shall supersede and replace any previous Ordinance granting a Franchise to Grantee, as well as the November 3, 1994 Memorandum of Understanding, except as set forth in Section 6, paragraph 8(b) (Access Support) herein. 7 6. Compliance with Applicable Laws Resolutions and Ordinances a. The terms of this Franchise shall define the contractual rights and obligations of Grantee with respect to the provision of Cable Service and operation of the System in City. However, the Grantee shall at all times during the term of this Franchise be subject to all lawful exercise of the police power, statutory rights, local ordinance - making authority, and eminent domain rights of City. Except as provided below, any modification or amendment to this Franchise, or the rights or obligations contained herein, must be within the lawful exercise of City's police power, in which case the provision(s) modified or amended herein shall be specifically referenced in an ordinance of the City authorizing such amendment or modification. This Franchise may also be modified or amended with the written consent of Grantee as provided in Section 13.3 (Amendment of Franchise Ordinance) herein. b. Grantee shall comply with the terms of any City ordinance or regulation of general applicability which addresses usage of the Rights -of -Way within City which may have the effect of superseding, modifying or amending the terms of Section 3 (Construction Standards) and/or Section 8.5(c) (Reports and Maps to be Filed with City) herein, except that Grantee shall not, through application of such City ordinance or regulation of Rights - of -Way, be subject to additional burdens with respect to usage of Rights -of -Way which exceed burdens on similarly situated Rights -of -Way users. C. In the event of any conflict between Section 3 (Construction Standards) and/or Section 8.5(c) (Reports and Maps to be Filed with City) of this Franchise and any City ordinance or regulation which addresses usage of the Rights -of -Way, the conflicting terms in Section 3 (Construction Standards) and/or Section 8.5(c) (Reports and Maps to be Filed with City) of this Franchise shall be superseded by such City ordinance or regulation, except that Grantee shall not, through application of such City ordinance or regulation of Rights -of -Way, be subject to additional burdens with respect to usage of Rights -of -Way which exceed burdens on similarly situated Rights -of -Way users. d. In the event any City ordinance or regulation which addresses usage of the Rights -of -Way adds to, modifies, amends, or otherwise differently addresses issues addressed in Section 3 (Construction Standards) and/or Section 8.5(c) (Reports and Maps to be Filed with City) of this Franchise, Grantee shall comply with such ordinance or regulation of general applicability, regardless of which requirement was first adopted except that Grantee shall not, through application of such City ordinance or regulation of Rights -of -Way, be subject to additional burdens with respect to usage of Rights -of -Way which exceed burdens on similarly situated Rights -of -Way users. C. In the event Grantee cannot determine how to comply with any Right -of - Way requirement of City, whether pursuant to this Franchise or other requirement, Grantee shall immediately provide written notice of such question, including Grantee's proposed interpretation, to the City with copy to the North Suburban Cable Communications Commission, in accordance with Section 2.9 (Written Notice). The City or Commission shall provide a written response within fourteen (14) days of receipt indicating how the N. requirements cited by Grantee apply. Grantee may proceed in accordance with its proposed interpretation in the event a written response is not received within seventeen (17) days of mailing or delivering such written question. 7. Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its obligations under this Franchise and to assure uninterrupted service to each and all of its Subscribers; provided that such rules, regulations, terms and conditions shall not be in conflict with provisions hereto, the rules of the FCC, the laws of the State of Minnesota, City, or any other body having lawful jurisdiction. 8. Territorial Area Involved. This Franchise is granted for the corporate boundaries of City, as it exists from time to time. In the event of annexation by City, or as development occurs, any new territory shall become part of the territory for which this Franchise is granted provided, however, that Grantee shall not be required to extend service beyond its present System boundaries unless there is a minimum of 50 homes per cable mile for underground plant and 35 homes per cable mile for overhead plant. Access to cable service shall not be denied to any group of potential residential cable Subscribers because of the income of the residents of the area in which such group resides. Grantee shall be given a reasonable period of time to construct and activate cable plant to service annexed or newly developed areas but in no event not to exceed twelve (12) months from notice thereof by City to Grantee and qualification pursuant to the density requirements of this Subsection. 9. Written Notice. All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of Grantee or City's Administrator of this Franchise or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Mounds View 2401 Mounds View Boulevard Mounds View, Minnesota 55112 Attention: City Administrator/Finance Director With copies to: North Suburban Cable Communications Commission 950 Woodhill Drive Roseville, Minnesota 55113 If to Grantee: General Manager Comcast 10 River Park Plaza St Paul, Minnesota 55107 E With copies to: Vice President of Government Affairs Comcast 1701 JFK Boulevard Philadelphia, PA 19103 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. 10. Subscriber Network Drops to Designated Buildings. Grantee shall, at no cost to the City, continue to provide Digital Starter or equivalent package of Cable Service and reception equipment to up to three (3) outlets at all municipal government buildings, schools and public libraries located in the City where Grantee provides Cable Service as listed on Exhibit A. The City may request up to 5 additional municipal government buildings, schools, or public libraries during the term of this Agreement, provided that the City shall pay the actual incremental installation costs for any location in excess of 500 feet of Grantee's existing plant where the recipient makes available conduit or aerial structures to accommodate the new facilities, or any Drop in excess of two hundred fifty (250) feet. For purposes of this subsection, "school" means all State -accredited K- 12 public and private schools. Outlets of Basic and Expanded Basic Service provided in accordance with this subsection may be used to distribute Cable Services throughout such buildings; The City shall have the right to extend service to multiple outlets within the building with the costs of constructing additional outlets the responsibility of the City; provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Such outlets may only be used for lawful purposes. If additional devices beyond the allocated amount per location provided above are needed to serve additional outlets, those devices shall be made available at Grantee's best discounted rate. All inside wiring shall be the responsibility of the City, or public institution, and subject to service or repair by Comcast at standard rates. Any such institution located more than two hundred fifty (250) feet shall be connected if such institution agrees to reimburse Grantee for Grantee's actual costs in excess of the two hundred fifty (250) foot installation actual costs. SECTION 3. CONSTRUCTION STANDARDS 1. Registration Permits and Construction Codes. a. Grantee shall strictly adhere to all state and local laws and building and zoning codes currently or hereafter applicable to location, construction, installation, operation or maintenance of the System in City and give due consideration at all times to the aesthetics of the property. b. Subject to the requirements of Section 9 (Dispute Resolution) below, failure to obtain permits or comply with permit requirements shall be grounds for revocation of this Franchise if such requirements are violated for significant construction activities of an extended period of time or in a quantity and frequency so as to demonstrate a wanton disregard for such requirements, or any lesser sanctions provided herein or in any other applicable law. 10 2. Repair of Rights -of -Way and Property. Any and all Rights -of -Way, or public or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance, expansion, extension or reconstruction of the System shall be promptly and fully restored by Grantee, at its expense, to the same condition as that prevailing prior to Grantee's work, as determined by City. If Grantee shall fail to timely perform the restoration required herein, after written request of City and reasonable opportunity of not less than 30 days to satisfy that request, City shall have the right to put the Rights -of -Way, public, or private property back into good condition. In the event City determines that Grantee is responsible for such disturbance or damage, Grantee shall be obligated to fully reimburse City for such restoration. 3. Conditions on Right -of -Way Use. a. Nothing in this Franchise shall be construed to prevent City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Right -of -Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. b. All System transmission and distribution structures, lines and equipment erected by the Grantee within City shall be located so as not to obstruct or interfere with the use of Rights -of -Way except for normal and reasonable obstruction and interference which might occur during construction and to cause minimum interference with the rights of property owners who abut any of said Rights -of -Way and not to interfere with existing public utility installations. C. If at any time during the period of this Franchise City shall elect to alter or change the grade or location of any Right -of -Way, the Grantee shall comply with all applicable City Code related to relocation of facilities and associated costs. d. The Grantee shall not place poles, conduits, or other fixtures of System above or below ground where the same will interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits, or other fixtures placed in any Right -of -Way shall be so placed as to comply with all reasonable and lawful requirements of City. e. The Grantee shall, upon request of any Person holding a moving permit issued by City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and the Grantee shall be given not less than ten (10) days advance written notice to arrange for such temporary changes. f. The Grantee shall have the authority to trim any trees upon and overhanging the Rights -of -Way of City so as to prevent the branches of such trees from coming in contact with the wires and cables or other facilities of the Grantee. 11 g. Grantee shall use its best efforts to give reasonable prior notice to any adjacent private property owners who will be negatively affected or impacted by Grantee's work in the Rights -of -Way. 4. Undergrounding of Cable. Unless otherwise required by action of City Council, Grantee must place newly constructed facilities underground in areas of City where all other utility lines are placed underground. Amplifier boxes and pedestal mounted terminal boxes may be placed above ground if existing technology reasonably requires, but shall be of such size and design and shall be so located as not to be unsightly or unsafe, all pursuant to plans submitted with Grantee's permit application(s) and approved by City. 5. Installation of Facilities. No poles, conduits, amplifier boxes, pedestal mounted terminal boxes, similar structures, or other wire -holding structures shall be erected or installed by the Grantee without required permit of City. 6. Safety Requirements. a. The Grantee shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage or injuries. b. The Grantee shall install and maintain its System and other equipment in accordance with City's codes and the requirements of the National Electric Safety Code and all other applicable FCC, state and local regulations, and in such manner that they will not interfere with City communications technology related to health, safety and welfare of the residents. C. All System structures, and lines, equipment and connections in, over, under and upon the Rights -of -Way of City, wherever situated or located, shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of City or any Person. SECTION 4. DESIGN PROVISIONS System Capabilities; Minimum Channel Capacity. a. Grantee shall maintain, upgrade, and operate the Cable System consistent with the capabilities of at least a 750MHz cable system and applicable industry standards. b. All final programming decisions remain the discretion of Grantee but the Cable System shall generally made available a broad range of programming of interest to the community, provided that Grantee notifies City and Subscribers in writing thirty (30) days prior to any channel deletions or realignments, and further subject to Grantee's signal carriage obligations hereunder and pursuant to 47 USC §§ 531-536, and further subject to City's rights pursuant to 47 USC § 545. Location and relocation of the PEG Channels shall be governed by Section 6.1(c) (Public, Educational and Governmental Access). 12 2. Interruption of Service. The Grantee shall interrupt service only for good cause and for the shortest time possible. Such interruption shall occur during periods of minimum use of the System. If service is interrupted on all cable channels for a period of more than forty eight (48) hours, Subscribers shall be credited pro rata for such interruption. Outages for shorter time periods may be credited upon customer request following notification of the outage. 3. Technical Standards. The technical standards used in the operation of the System shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76.601 to 76.617, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. 4. Special Testing. a. The City/Commission shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, the City/Commission may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. The City/Commission shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing. b. Before ordering such tests, Grantee shall be afforded thirty (30) days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. The City/Commission shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City/Commission wishes to commence special tests and the thirty (3 0) days have elapsed without correction of the matter in controversy or unresolved complaints, the tests shall be conducted at Grantee's expense by a qualified engineer selected by City/Commission and Grantee, and Grantee shall cooperate in such testing. Grantee shall not be required to pay for the special tests where Grantee can show to the City/Commission's reasonable satisfaction that it performed its own tests and undertook corrective action to remedy the problem. 6. Drop Testing and Replacement. Drops and passive equipment shall be inspected by Grantee during Installations to assure the Drop and passive equipment can provide reliable Cable Service to Subscribers. Drops shall be maintained in compliance with applicable safety and technical regulations and replaced when necessary to do so. 7. FCC Reports. The results of any tests required to be filed by Grantee with the FCC shall upon request of City also be filed with the City or its designee within ten (10) days of the conduct of such tests. 13 8. Interconnection. The System servicing the Cities of Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, and St. Anthony, shall continue to be completely interconnected. 9. Lockout Device. Upon the request of a Subscriber, Grantee shall make available a Lockout Device or similar functionality by software at no additional charge to Subscribers. SECTION 5. SERVICE PROVISIONS Regulation of Service Rates. a. The City may regulate rates for the provision of Cable Service, equipment, or any other communications service provided over the System to the extent allowed under federal or state law(s). City/Commission reserves the right to regulate rates for any future services to the extent permitted by law. b. Grantee shall give City and Subscribers written notice of any change in a rate or charge pursuant to the terms of by 47 CFR § 76.1603. Bills must be clear, concise, and understandable and compliant with applicable law. 2. Non -Standard Installations. Grantee shall install and provide Cable Service to any Person requesting other than a Standard Installation provided that said Cable Service can meet FCC technical specifications and all payment and policy obligations are met. In such case, Grantee may charge for the incremental increase in material and labor costs incurred beyond the Standard Installation. 3. Sales Procedures. Grantee shall not exercise deceptive sales procedures when marketing any of its services within City. In its initial communication or contact with a non - Subscriber, Grantee shall upon request inform the non -Subscriber of all levels of service available, including the lowest priced service tiers. Grantee shall have the right to market door-to-door during reasonable hours consistent with local ordinances and regulation. 4. Subscriber Inquiry and Complaint Procedures. a. Grantee shall have a publicly listed toll-free telephone number which shall be operated so as to receive Subscriber complaints and requests on a twenty-four (24) hour - a -day, seven (7) days -a -week, 365 days a year basis. During normal business hours, trained representatives of Grantee shall be available to respond to Subscriber inquiries. b. Grantee shall maintain adequate numbers of telephone lines and personnel to respond in a timely manner to schedule service calls and answer Subscriber complaints or inquiries in a manner consistent with regulations adopted by the FCC and City where applicable and lawful. Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time 14 under normal operating conditions, measured on a quarterly basis. Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. Grantee shall respond to written complaints forwarded by the City or its designee with copy to City or its designee within thirty (3 0) days. C. Subject to Grantee's obligations pursuant to law regarding privacy of certain information, Grantee shall prepare and maintain written records of all complaints received from City and the resolution of such complaints, including the date of such resolution. Grantee shall provide City with a written summary of such complaints and their resolution upon request of City. As to Subscriber complaints, Grantee shall comply with FCC record-keeping regulations, and make the results of such record-keeping available to City upon request, subject to customer privacy obligations. d. Subscriber requests for repairs shall be commenced and best efforts shall be used complete repairs within thirty-six (36) hours of the request or as otherwise scheduled with the customer unless conditions beyond the control of Grantee prevent such performance. Grantee may schedule appointments for Installations and other service calls either at a specific time or, at a maximum, during a four hour time block during normal business hours. Grantee may also schedule service calls outside normal business hours for the convenience of customers. Grantee shall use its best efforts to not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. If the installer or technician is late and will not meet the specified appointment time, he/she must use his/her best efforts to contact the customer and reschedule the appointment at the sole convenience of the customer. Service call appointments must be met in a manner consistent with FCC standards. 5. Subscriber Contracts. Grantee shall file with City or provide an electronic link to any standard form Subscriber contract utilized by Grantee. If no such written contract exists, Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any Subscriber contract(s) shall be available for public inspection during normal business hours or made available electronically online. 6. Refund Policy. In the event a Subscriber establishes or terminates service and receives less than a full month's service, Grantee shall prorate the monthly rate on the basis of the number of days in the period for which service was rendered to the number of days in the billing. 7. Late Fees. Fees for the late payment of bills shall not be assessed until after the service has been fully provided and, as of the due date of the bill notifying Subscriber of an unpaid balance, the bill remains unpaid. Late Fees shall be nondiscriminatory, consistent with federal and state laws, including consumer protection laws, and uniform with respect to late fees commonly charged in other jurisdictions in the Twin Cities. 8. Office Policy. Grantee shall maintain a convenient location in or around a reasonable distance of the City or the Franchise territory encompassing any joint regulatory body of which City is a Member for receiving Subscriber inquiries and bill payments. The location must 15 be staffed by a person capable of receiving inquiries and bill payments. In addition, Grantee shall maintain a local drop box for receiving Subscriber payments after hours, or may make arrangements for third -party payment locations (for example, in a convenience store) and equipment drop-off locations (for example, UPS stores). Grantee may also offer electronic customer service options through its web page and phone applications. SECTION 6. ACCESS CHANNEL(S) PROVISIONS 1. Public, Educational and Government Access a. City or its designee is hereby designated to operate, administer, promote, and manage access (public, education, and government programming) (hereinafter "PEG access") programming on the Cable System. b. Grantee shall dedicate 6 Standard Definition ("SD") channels and 2 High Definition ("HD") channels for PEG access (the "PEG Channels"). All Subscribers to Cable Service offered on the System shall be eligible to receive such channels at no additional charge. The PEG Channels shall be activated upon the effective date of this Franchise and thereafter maintained. City may rename, reprogram, or otherwise change the use of these channels in its sole discretion, provided such use is non-commercial, lawful, and retains the general purpose of the provision of community programming. Nothing herein shall diminish the City's rights to secure additional channels pursuant to Minn. Stat. § 238.084, which is expressly incorporated herein by reference. City shall provide ninety (90) days prior written notice to Grantee of City's intent to activate access channels to the extent the maximum number agreed to herein are not already active. C. Each PEG Channel(s) required by this Section shall retain the channel designation/number it had as of the commencement of this Franchise term. Upon six (6) months' notice to City, any access channel may be moved by Grantee, but in no event more than once every two (2) years unless otherwise allowed by City, provided Grantee pays all reasonable costs or expenses of the North Suburban Access Corporation (NSAC), or its successor, arising out of the channel move including, but not limited to, equipment necessary to effect the change at the programmer's production or receiving facility (school frequency routing equipment, etc.), signage, letterhead, business cards, and reasonable marketing or other constituency notification costs up to a maximum of $10,000. This paragraph shall not apply to Regional Channel 6. d. Sixty (60) months after the Effective Date, upon written request of at least 90 days' advance notice, Comcast will make available to the Commission an additional HD PEG channel on the cable system. e. The content of the I -ID PEG channels is up to the Commission. The Commission may simulcast one or more of the existing PEG channels in HD and SD formats, or it may choose to provide subscribers an HD channel that is programmed differently than the existing SD PEG channels (for example, the Commission could create a "best of HD PEG channel that carries a combination of HD public, educational and 16 government programming from the existing PEG Channels). If an HD PEG channel is programmed differently, Comcast would have no additional obligation to provide an SD simulcast of that channel. f. Comcast will make available to the Commission the ability to place PEG Channel programming information on the interactive channel guide by putting the Commission in contact with the electronic programing guide vendor ("EPG provider") that provides the guide service. Comcast will be responsible for providing the designations and instructions necessary to ensure the channels will appear on the programming guide throughout the jurisdictions that are part of the Commission and the costs of any necessary headend equipment associated therewith. The Commission shall be responsible for providing programming information to the EPG provider and for any costs charged by the EPG provider, unless Comcast is required to pay for PEG EPG costs per applicable law or national commitments. As part of this Franchise, Comcast is not agreeing to make detailed guide functionality available for periods where the Commission chooses to distribute different PEG programming via the same channel number (i.e. narrowcasting) to subscribers in different communities that are part of the Commission. g. Comcast will deliver the SD/HD PEG channels to Subscribers so that it is viewable without degradation, provided that it is not required to deliver a PEG Channel at a resolution higher than the highest resolution used in connection with the delivery of local broadcast signals to the public. Comcast may implement SD/HD carriage of the PEG channel in any manner (including selection of compression, utilization of IP, and other processing characteristics) that produces a signal as accessible, functional, useable and of a quality comparable (meaning indistinguishable to the viewer) to broadcast SD/HD channels carried on the cable system. h. The HD PEG channels will be assigned a number near the other high definition local broadcast stations if such channel positions are not already taken, or if that is not possible, near high definition news/public affairs programming channels if such channel positions are not already taken, or if not possible, as reasonably close as available channel numbering will allow. Grantee shall use its best efforts to group the HD PEG channels together in simultaneous order. i. The City acknowledges that HD programming may require the viewer to have special viewer equipment (such as an HDTV and an HD-capable digital device/receiver), but any subscriber who can view an HD signal delivered via the cable system at a receiver shall also be able to view the HD PEG channels at that receiver, without additional charges or equipment. By agreeing to make PEG available in HD format, Comcast is not agreeing it may be required to provide free HD equipment to customers, nor modify its equipment or pricing policies in any manner. j. Comcast will provide a bill message announcing the launch of the HD PEG Channels; however the City acknowledges that not all customers may receive the bill message notice in advance of the channel launch in the interests of launching the channel sooner. 17 2. Remote Cablecasting. Grantee shall provide at no charge to the City/Commission for the term of this Franchise and until it renews, three (3) "open" cable internet modems with a static IP addresses that can be connected and operational anywhere on the System and capable of transmitting live remote HD PEG programming to the City's master control center for live cablecasting, using business -class internet service (currently 50 nibs download and 10 nibs upload) and three MPEG encoder/transmitters and one multi -channel receiver device (capable of receiving at least 3 remote video feeds) for the Commission's Master Control. 3. PEG Streaming. Grantee agrees to include the PEG channels in its in-home streaming cable service application (currently Xfrnity TV App). Grantee will use reasonable efforts to make the PEG channels available to Subscribers outside the home on its TV -TO -GO Application, or equivalent. 4. Equipment. In the event Grantee makes any change in the Cable System and related equipment and facilities or in its signal delivery technology, which requires the City or Commission to obtain new equipment in order to be compatible with such change for purposes of transport and delivery of the Access Channels to the Grantee's headend, Grantee shall, at its own expense and free of charge to the City, the Commission, or its designated entities, purchase such equipment as may be necessary to facilitate the cablecasting of the PEG Channels in accordance with the requirements of the Franchise. 5. Grantee Not Liable. Neither the Grantee nor the officers, directors, or employees of the Grantee is liable for any penalties or damages arising from programming content not originating from or produced by the Grantee and shown on any public access channel, education access channel, government access channel, leased access channel, or regional channel. Charges for Use. There shall be no charge to the City for the use of the PEG Channels. 7. Access Rules. City, or its designee, shall implement rules for use of any access channel(s). 8. Access Support. a. In addition to satisfying the other requirements of this Section, the Grantee is required to provide the following additional PEG use funding (as used in this Section), PEG access refers to the channels, facilities and equipment used in connection with the channels on the subscriber network and associated interconnections; PEG use includes PEG access and dark fiber network and PRISMA network use, including use in connection with the network provided pursuant to Section 7.2 (Additional Network Services) including Exhibit C: b. The Grantee will provide the following capital grant for PEG use for so long as it continues to operate under this franchise: Payments of all grants under the 1994 MOU through December 31, 2017; commencing January 1, 2018, Grantee shall pay to City three 18 percent (3.0%) of its Gross Revenues paid quarterly based upon revenues for the calendar quarter. The first Gross Revenue payment shall be due on May 1, 2018, based on Gross Revenues for the quarter beginning January 1, 2018 and ending March 31, 2018, and thereafter, payments shall be due 30 days after the end of each calendar quarter, based on revenues for that quarter, or if the franchise should terminate or be revoked, 30 days after termination or revocation for any portion of quarter during which Grantee provided Cable Service. C. Notwithstanding the foregoing requirements, if Grantee has a valid and binding sponsorship contract with an entity designated by the City/Commission to manage any public access channel, the City agrees that Grantee may offset any amount it pays under such contract against payments required above. Nothing in this section requires or shall be deemed to require Grantee to make any payment that constitutes a franchise fee under 47 U.S.C. § 542. d. The parties agree that any cost to the Grantee associated with providing any support for PEG use required under this Franchise (including subscriber network drops and equipment and service to public institutions and the provision of the dark fiber network and PRISMA network and support for and payments made outside this franchise, if any), shall not be offset from the franchise fee. C. Grantee may itemize the PEG fees on Subscribers' invoices in accordance with applicable law; provided, however, any PEG Fee charged to subscribers to recover PEG funding provided in 2017 shall not exceed $6.00 per subscriber per month. Any supplementary PEG fee levied by Comcast after January 1, 2018, to recover past undereollections shall be set at 0.5% of cable Gross Revenues through December 31, 2019. Any excess recovery shall be paid to the Commission at the same time as the Franchise Fee payment. 9. Regional Channel 6. Grantee shall designate Channel 6 for uniform regional channel usage to the extent required by law. 10. State and Federal Law compliance. Satisfaction of the requirements of this Section 6 satisfies any and all of Grantee's state and federal law requirements of Grantee with respect to PEG access. SECTION 7. NETWORKING PROVISIONS 1. Managed Network. The City and/or Commission has a need for a telecommunications network to connect certain government buildings in the North Suburban Territory for telecommunications services. Comcast or its Affiliate agrees to provide, operate, repair and maintain a managed telecommunications network to City and/or Commission for the Term of the Franchise in accordance with an executed Enterprise Services agreement, attached as Exhibits B, B2, and B3. The Enterprise Services agreement shall set forth the locations, service, monthly fees for service and all other material terms and conditions relative to Comcast's or its Affiliate's provision of services to the City. Where an executed Enterprise Services agreement conflicts with 19 any term or condition of this Section, the Enterprise Services agreement shall prevail; with the exception that in the event Grantee enters into a franchise or Enterprise Services agreement or similar agreement in the Twin Cities metropolitan area after the Effective Date of this Franchise that allow a city or group of cities to receive the same or similar services on terms, conditions and/or pricing that are more favorable (taking into account the agreement as a whole), Grantee agrees to make the pricing available immediately and make available the services within a reasonable period of time to the City and/or Commission under the same terms, conditions and/or pricing made available to the city or group of cities. 2. Additional Network Services. Comcast agrees to continue to make available to the City network facilities on the terms and conditions identified in Exhibit C. SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 1. Administration of Franchise. The City Administrator or other designee shall have continuing regulatory jurisdiction and supervision over the System and the Grantee's operation under the Franchise. The City, or its designee, may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the System as are consistent with the provisions of the Franchise and law. 2. Delegated Authority. The City may appoint a citizen advisory body or a Joint Powers Commission, or may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of the Grantee pursuant to the Franchise. Grantee shall cooperate with any such delegatee of City. 3. Franchise Fee a. During the term of the Franchise, Grantee shall pay quarterly to City or its delegatee a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross Revenues, or such other amounts as are subsequently permitted by federal statute. b. Any payments due under this provision shall be payable quarterly. The payment shall be made within thirty (30) days of the end of each of Grantee's fiscal quarters together with a report showing the basis for the computation. C. All amounts paid shall be subject to audit and recomputation by City and acceptance of any payment shall not be construed as an accord that the amount paid is in fact the correct amount. i. If an audit or review discloses an overpayment or underpayment of franchise fees, the City and/or the Commission shall notify Comcast of such overpayment or underpayment. The City's/Commission's audit or review expenses shall be borne by the City/Commission unless the audit or review determines that the payment to the City should be increased by more than five percent (5%) in the audited/reviewed period, in which case the costs of the audit/review shall be borne by Comcast, up to a cap of $25,000 for all 20 current members of the Commission collectively, as a cost incidental to the enforcement of the Franchise. Any additional amounts due to the City as a result of the audit or review shall be paid to the City within thirty (3 0) days following written notice to Comcast by the City/Commission of the underpayment, which notice shall include a copy of the audit/review report. If the recomputation results in additional revenue to be paid to the City, such amount shall be subject to a ten percent (10%) annual interest charge. The City/Commission shall have the right to inspect and to require Comcast to provide any and all data, documents and records maintained by Comcast (or maintained by an Affiliate or a third -party contractor/vendor on behalf of Comcast) reasonably related to the calculation and payment of franchise fees. The Grantee shall maintain such records, documents and data for a minimum of four (4) years. Such records include, but are not limited to, those set forth in Paragraph 6 of the March 1, 2012, Settlement Agreement (attached hereto as Exhibit D). Comcast shall have no less than twenty (20) business days to respond fully and completely to any written request for data, documents and records issued by the City/Commission, unless an extension of time is granted by the City/Commission in writing. Comcast may request an extension of the twenty (20) business day deadline applicable to a written request for data, information and documents no later than ten (10) business days after the date of such request. Every request for an extension of time shall describe, in detail, the reasons the extension is necessary. The City/Commission may, in its sole discretion, grant or deny an extension request, and shall act reasonably in making such a determination based on the scope and complexity of the information request at issue and the facts cited by Comcast in its written extension request. iv. In the event any franchise fee payment or recomputation amount is not made on or before the required date, Comcast shall pay, during the period such unpaid amount is owed, the additional compensation and interest charges computed from such due date, at an annual rate of ten percent (10%). V. Nothing in this Franchise shall be construed to limit any authority of the City to impose any tax, fee or assessment of general applicability. vi. The franchise fee payments required by this Franchise shall be in addition to any and all taxes or fees of general applicability. Comcast shall not have or make any claim for any deduction or other credit of all or any part of the amount of said franchise fee payments from or against any of said taxes or fees of general applicability, except as expressly permitted by law. Comcast shall not apply nor seek to apply all or any part of the amount of said franchise fee payments as a deduction or other credit from or against any of said taxes or fees of general applicability, except as expressly permitted by 21 law. Nor shall Comcast apply or seek to apply all or any part of the amount of any of said taxes or fees of general applicability as a deduction or other credit from or against any of its franchise fee obligations, except as expressly permitted by law. vii. Comcast shall ensure that persons or entities that only subscribe to non - cable service (e.g., persons who subscribe only to high-speed Internet access, telephone service, alarm monitoring, or a combination of services that does not include cable service) are not assessed cable service franchise fees on ancillary charges imposed by Comcast on such subscribers, including but not limited to late fees, convenience fees and non -sufficient funds (NSF) charges, unless the imposition of cable service franchise fees is permitted by applicable laws or regulations. 4. Access to Records. The City/Commission shall have the right to inspect, upon reasonable notice and during normal business hours, or require Grantee to provide within a reasonable time copies of any records maintained by Grantee which relate to System operations including specifically Grantee's accounting and financial records and which are reasonably necessary for determining compliance with this Agreement. 5. Reports and Maps to be Filed with Cit a. Grantee shall file with the City/Commission, at the time or payment of the Franchise Fee, a report of all Gross Revenues in form and substance as required by City/Commission, an example of which is attached hereto as Exhibit E. b. Grantee shall prepare and furnish to City/Commission, at the times and in the form prescribed, such other reasonable reports with respect to Grantee's operations pursuant to this Franchise as City/Commission may require provided that such reports shall be consistent with the way Grantee maintains the information in the ordinary course of business, all requests are reasonably and directly related to the enforcement of this Agreement, all produced information is subject to an acceptable confidentiality agreement, and Grantee shall have no less than 20 business days to produce such information with further extensions reasonably granted as needed based on the nature of the request. C. If required by City/Commission, Grantee shall furnish to and file with City/Commission the maps, plats, and permanent records of the location and character of all facilities constructed, including underground facilities, and Grantee shall file with City/Commission updates of such maps, plats and permanent records annually if changes have been made in the System. 6. Periodic Evaluation. a. The City/Commission may require evaluation sessions at any time during the term of this Franchise, upon fifteen (15) days written notice to Grantee, but no frequently than one every twenty-four (24) months. 22 b. Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, System performance, programming offered, access channels, facilities and support, municipal uses of cable, subscriber rates, customer complaints, amendments to this Franchise, judicial rulings, FCC rulings, line extension policies and any other topics City/Commission deems relevant. C. As a result of a periodic review or evaluation session, Grantee and the City may agree to modifications of the terms and conditions of the Franchise. SECTION 9. DISPUTE RESOLUTION 1. Performance Bond. a. At the time the Franchise becomes effective and at all times thereafter, until the Grantee has liquidated all of its obligations with City, the Grantee shall furnish a bond to City in the amount of $500,000.00 in a form and with such sureties as reasonably acceptable to City (attached hereto as Exhibit F). This bond will be conditioned upon the faithful performance by the Grantee of its Franchise obligations and upon the further condition that in the event the Grantee shall fail to comply with any law, ordinance or regulation governing the Franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damages or loss suffered by City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due City which arise by reason of the construction, operation, or maintenance of the System. The rights reserved by City with respect to the bond are in addition to all other rights City may have under the Franchise or any other law. City may, from year to year, in its sole discretion, reduce the amount of the bond. To the extent the City is a member of the Commission a single bond of $500,000 will cover all member cities of the Commission. b. The time for Grantee to correct any violation or liability, shall be extended by City if the necessary action to correct such violation or liability is, in the sole determination of City, of such a nature or character as to require more than thirty (30) days within which to perform, provided Grantee provides written notice that it requires more than thirty (30) days to correct such violations or liability, commences the corrective action within the thirty (30) days period and thereafter uses reasonable diligence to correct the violation or liability. C. In the event this Franchise is revoked by reason of default of Grantee, City shall be entitled to collect from the performance bond that amount which is attributable to any damages sustained by City as a result of said default or revocation. d. Grantee shall be entitled to the cancellation or return of the performance bond, or portion thereof, as remains sixty (60) days after the expiration of the term of the 23 Franchise or revocation for default thereof, provided City has not notified Grantee of any actual or potential damages incurred as a result of Grantee's operations pursuant to the Franchise or as a result of said default. C. The rights reserved to City with respect to the performance bond are in addition to all other rights of City whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to the performance bond shall affect any other right City may have. 2. Letter of Credit and Liquidated Damages. a. At the time of acceptance of this Franchise, Grantee shall deliver to City an irrevocable and unconditional Letter of Credit, in form and substance acceptable to City, from a National or State bank approved by City, in the amount of $25,000.00. b. The Letter of Credit shall provide that funds will be paid to City, upon written demand of City, and in an amount solely determined by City in payment for penalties charged pursuant to this Section, in payment for any monies owed by Grantee to City or any person pursuant to its obligations under this Franchise, or in payment for any damage incurred by City or any person as a result of any acts or omissions by Grantee pursuant to this Franchise. C. In addition to recovery of any monies owed by Grantee to City or any person or damages to City or any person as a result of any acts or omissions by Grantee pursuant to the Franchise, City in its sole discretion may charge to and collect from the Letter of Credit the following penalties: i. For failure to provide data, documents, reports or information or to cooperate with City during an application process or system review or as otherwise provided herein, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. ii. Fifteen (15) days following notice from City of a failure of Grantee to comply with construction, operation or maintenance standards, the penalty shall be $500.00 per day for each day, or part thereof, such failure occurs or continues. iii. For failure to provide the services Grantee has proposed, including, but not limited to, the implementation and the utilization of the access channels and the maintenance and/or replacement of the equipment and other facilities, the penalty shall be $500.00 per day for each day, or part thereof, such failure occurs or continues. iv. For Grantee's breach of any written contract or agreement with or to the City or its designee, the penalty shall be $500.00 per day for each day, or part thereof, such breach occurs or continues. 24 V. For failure to comply with any of the provisions of this Franchise, or other City ordinance for which a penalty is not otherwise specifically provided pursuant to this paragraph c, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. d. Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed. e. Whenever City finds that Grantee has violated one or more terms, conditions or provisions of this Franchise, or for any other violation contemplated in Subparagraph c. above, a written notice shall be given to Grantee informing it of such violation. At any time after thirty (3 0) days (or such longer reasonable time which, in the sole determination of City, is necessary to cure the alleged violation) following local receipt of notice, provided Grantee remains in violation of one or more terms, conditions or provisions of this Franchise, in the sole opinion of City, City may draw from the Letter of Credit all penalties and other monies due City from the date of the local receipt of notice. f. Whenever the Letter of Credit is drawn upon, Grantee may, within seven (7) days of such draw, notify City in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by Grantee to City shall specify with particularity the matters disputed by Grantee. All penalties shall continue to accrue and City may continue to draw from the Letter of Credit during any appeal pursuant to this subparagraph. City shall hear Grantee's dispute within sixty (60) days and render a final decision within sixty (60) days thereafter. ii. Upon the determination of City that no violation has taken place, City shall refund to Grantee, without interest, all monies drawn from the Letter of Credit by reason of the alleged violation. g. If said Letter of Credit or any subsequent Letter of Credit delivered pursuant thereto expires prior to thirty (30) months after the expiration of the term of this Franchise, it shall be renewed or replaced during the term of this Franchise to provide that it will not expire earlier than thirty (30) months after the expiration of this Franchise. The renewed or replaced Letter of Credit shall be of the same form and with a bank authorized herein and for the full amount stated in paragraph 2(a) of this Section. h. If City draws upon the Letter of Credit or any subsequent Letter of Credit delivered pursuant hereto, in whole or in part, Grantee shall replace or replenish to its full amount the same within ten (10) days and shall deliver to City a like replacement Letter of Credit or certification of replenishment for the full amount stated in Section 9.2(a) (Letter of Credit and Liquidated Damages) as a substitution of the previous Letter of Credit. This shall be a continuing obligation for any draws upon the Letter of Credit. 25 i. If any Letter of Credit is not so replaced or replenished, City may draw on said Letter of Credit for the whole amount thereof and use the proceeds as City determines in its sole discretion. The failure to replace or replenish any Letter of Credit may also, at the option of the City, be deemed a default by Grantee under this Franchise. The drawing on the Letter of Credit by City, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or release of such default. j. The collection by City of any damages, monies or penalties from the Letter of Credit shall not affect any other right or remedy available to City, nor shall any act, or failure to act, by City pursuant to the Letter of Credit, be deemed a waiver of any right of City pursuant to this Franchise or otherwise. 3. Indemnification of City. a. City, its officers, boards, committees, commissions, elected officials, employees and agents shall not be liable for any loss or damage to any real or personal property of any Person, or for any injury to or death of any Person, arising out of or in connection with Grantee's construction, operation, maintenance, repair or removal of the System or as to any other action of Grantee with respect to this Franchise. b. Grantee shall indemnify, defend, and hold harmless City, its officers, boards, committees, commissions, elected officials, employees and agents, from and against all liability, damages, and penalties which they may legally be required to pay as a result of the City's exercise, administration, or enforcement of the Franchise. C. Nothing in this Franchise relieves a Person, except City, from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performing work connected with grading, regarding, or changing the line of a Right - of -Way or public place or with the construction or reconstruction of a sewer or water system. d. Grantee shall contemporaneously with this Franchise execute an Indemnity Agreement in the form of Exhibit G, which shall indemnify, defend and hold the City and Commission harmless for any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys' fees or reasonable expenses arising out of the actions of the City and/or Commission in renewal of this Franchise. The term of the Indemnity Agreement shall not exceed 180 days' from the Effective Date of this Franchise, unless the City or Commission has received statutory notice of a claim based upon the renewal of this Franchise. This obligation includes any claims by another franchised cable operator against the City and/or Commission that the terms and conditions of this Franchise are less burdensome than another franchise granted by the City or that this Franchise does not satisfy the requirements of applicable state law(s). 4. Insurance. 26 a. As a part of the indemnification provided in Section 9.3 (Indemnification of City), but without limiting the foregoing, Grantee shall file with City at the time of its acceptance of this Franchise, and at all times thereafter maintain in full force and effect at its sole expense, a comprehensive general liability insurance policy, including broadcaster's/cablecaster's liability and contractual liability coverage, in protection of the Grantee, and the City, its officers, elected officials, boards, commissions, agents and employees for any and all damages and penalties which may arise as a result of this Franchise. The policy or policies shall name the City as an additional insured, and in their capacity as such, City officers, elected officials, boards, commissions, agents and employees. b. The policies of insurance shall be in the sum of not less than $1,000,000.00 for personal injury or death of any one Person, and $2,000,000.00 for personal injury or death of two or more Persons in any one occurrence, $500,000.00 for property damage to any one person and $2,000,000.00 for property damage resulting from any one act or occurrence. C. The policy or policies of insurance shall be maintained by Grantee in fall force and effect during the entire term of the Franchise. Each policy of insurance shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for other reasons, except after sixty (60) days advance written notice have been provided to City. SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 1. City's Right to Revoke. a. In addition to all other rights which City has pursuant to law or equity, City reserves the right to commence proceedings to revoke, terminate or cancel this Franchise, and all rights and privileges pertaining thereto, if it is determined by City that: i. Grantee has violated material provisions(s) of this Franchise; or ii. Grantee has practiced fraud or deceit upon City. City may enforce its rights and seek any and all relief allowed under applicable law if Grantee is adjudged a bankrupt. 2. Procedures for Revocation. a. City shall provide Grantee with written notice of a cause for revocation and the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in 27 compliance with the Franchise. In the notice required herein, City shall provide Grantee with the basis of the revocation. b. Grantee shall be provided the right to a public hearing affording due process before the City Council prior to the effective date of revocation, which public hearing shall follow the thirty (30) day notice provided in subparagraph (a) above. City shall provide Grantee with written notice of its decision together with written findings of fact supplementing said decision. C. Only after the public hearing and upon written notice of the determination by City to revoke the Franchise may Grantee appeal said decision with an appropriate state or federal court or agency. d. During the appeal period, the Franchise shall remain in full force and effect unless the term thereof sooner expires or unless continuation of the Franchise would endanger the health, safety and welfare of any person or the public. 3. Abandonment of Service. Grantee may not abandon the System or any portion thereof without having first given three (3) months written notice to City. Grantee may not abandon the System or any portion thereof without compensating City for damages resulting from the abandonment, including all costs incident to removal of the System. 4. Removal After Abandonment Termination or Forfeiture. a. In the event of termination or forfeiture of the Franchise or abandonment of the System, City shall have the right to require Grantee to remove all or any portion of the System from all Rights -of -Way and public property within City, unless Grantee is offering other services (such as telecommunication services) over the System and has or obtains the necessary authorizations to occupy the rights-of-way for such purposes. b. If Grantee is not providing other lawful services over the System with the necessary authorizations and has failed to commence removal of System, or such part thereof as was designated by City, within thirty (30) days after written notice of City's demand for removal is given, or if Grantee has failed to complete such removal within twelve (12) months after written notice of City's demand for removal is given, City shall have the right to apply funds secured by the Letter of Credit and Performance Bond toward removal and/or declare all right, title, and interest to the System to be in City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it. 5. Sale or Transfer of Franchise. a. No sale or transfer of the Franchise, or sale, transfer, or fundamental corporate change of or in Grantee, including, but not limited to, a fundamental corporate change in Grantee's parent corporation or any entity having a controlling interest in Grantee, the sale of a controlling interest in the Grantee's assets, a merger including the merger of a subsidiary and parent entity, consolidation, or the creation of a subsidiary or affiliate entity, shall take place until a written request has been filed with City requesting approval of the sale, transfer, or corporate change and such approval has been granted or deemed granted, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and/or assets to secure an indebtedness. The foregoing notwithstanding, Grantee must seek approval of any transaction constituting a transfer under state law. b. Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's parent corporation or any other entity having a controlling interest in Grantee, so as to create a new controlling interest therein, shall be subject to the requirements of this Section 10.5. The term 'controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. In any event, as used herein, a new "controlling interest" shall be deemed to be created upon the acquisition through any transaction or group of transactions of a legal or beneficial interest of fifteen percent (15%) or more by one Person. Acquisition by one Person of an interest of five percent (5%) or more in a single transaction shall require notice to City. This requirement shall not apply to transactions involving the acquisition of a non -Cable Service business, movie studio, or other such business venture by Grantee's parent company). C. The Grantee shall file, in addition to all documents, forms and information required to be filed by applicable law, the following subject to reasonable confidentiality agreements, if necessary: i. All contracts, agreements or other documents that constitute the proposed transaction and all exhibits, attachments, or other documents referred to therein which are necessary in order to understand the terms thereof. ii. A list detailing all public documents filed with any state or federal agency related to the transaction including, but not limited to, the MPUC, the FCC, the FTC, the FEC, the SEC or MnDOT. Upon request, Grantee shall provide City with a complete copy of any such document; and iii. Any other documents or information related to the transaction as may be specifically requested by the City which are necessary in order to understand the terms thereof. d. City shall have such time as is permitted by federal law in which to review a transfer request. C. The Grantee shall reimburse City for all the legal, administrative, and consulting costs and fees associated with the City's review of any request to transfer. Nothing herein shall prevent Grantee from negotiating partial or complete payment of such costs and fees by the transferee. Grantee may not itemize any such reimbursement on Subscriber bills, but may recover such expenses in its subscriber rates. 29 f. In no event shall a sale, transfer, corporate change, or assignment of ownership or control pursuant to subparagraph (a) or (b) of this Section be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations thereunder, and assuming all other rights and obligations of the transferor to the City including, but not limited to, any adequate guarantees or other security instruments provided by the transferor. g. In the event of any proposed sale, transfer, corporate change, or assignment pursuant to subparagraph (a) or (b) of this Section, City shall have the right to purchase the System for the value of the consideration proposed in such transaction. City's right to purchase shall arise upon City's receipt of notice of the material terms of an offer or proposal for sale, transfer, corporate change, or assignment, which Grantee has accepted. Notice of such offer or proposal must be conveyed to City in writing and separate from any general announcement of the transaction. h. City shall be deemed to have waived its right to purchase the System pursuant to this Section only in the following circumstances: i. If City does not indicate to Grantee in writing, within sixty (60) days of receipt of written notice of a proposed sale, transfer, corporate change, or assignment as contemplated in Section 10.5 (g) above, its intention to exercise its right of purchase; or ii. It approves the assignment or sale of the Franchise as provided within this Section. i. No Franchise may be transferred if City determines Grantee is in noncompliance of the Franchise unless an acceptable compliance program has been approved by City. The approval of any transfer of ownership pursuant to this Section shall not be deemed to waive any rights of City to subsequently enforce noncompliance issues relating to this Franchise even if such issues predated the approval, whether known or unknown to City. SECTION It. PROTECTION OF INDIVIDUAL RIGHTS 1. Discriminatory Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers (or group of potential subscribers) or general citizens on the basis of race, color, religion, national origin, sex, age, status as to public assistance, affectional preference, or disability. Grantee shall comply at all times with all other applicable federal, state, and city laws, and all executive and administrative orders relating to nondiscrimination. 2. Subscriber Privacy. Grantee shall comply with all customer privacy obligations under applicable law. HE SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for any firm, Person, group, company, corporation, or governmental body or agency, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any unauthorized connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of the System or receive services of the System without Grantee's authorization. 2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group, company, or corporation to willfully interfere, tamper, remove, obstruct, or damage, or assist thereof, any part or segment of the System for any purpose whatsoever, except for any rights City may have pursuant to this Franchise or its police powers. 3. Penalty. Any firm, Person, group, company, or corporation found guilty of violating this section may be fined not less than Twenty Dollars ($20.00) and the costs of the action nor more than Five Hundred Dollars ($500.00) and the costs of the action for each and every subsequent offense. Each continuing day of the violation shall be considered a separate occurrence. SECTION 13. MISCELLANEOUS PROVISIONS 1. Franchise Renewal. Any renewal of this Franchise shall be performed in accordance with applicable federal, state and local laws and regulations. 2. Work Performed by Others. All applicable obligations of this Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Franchise, however, in no event shall any such subcontractor or other performing work obtain any rights to maintain and operate a System or provide Cable Service. Grantee shall provide notice to City of the name(s) and address(es) of any entity, other than Grantee, which performs substantial services in the City pursuant to this Franchise. 3. Amendment of Franchise Ordinance. Grantee and City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 8.6 or at any other time if City and Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, state or local laws. Provided, however, nothing herein shall restrict City's exercise of its police powers. 31 4. Compliance with Federal State and Local Laws. a. If any federal or state law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to state laws and rules regarding cable communications not later than one year after they become effective, unless otherwise stated, and to conform to federal laws and regulations regarding cable as they become effective. b. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City. 5. Nonenforcement by City. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of any failure or delay of City to enforce prompt compliance. City may only waive its rights hereunder by expressly so stating in writing. Any such written waiver by City of a breach or violation of any provision of this Franchise shall not operate as or be construed to be a waiver of any subsequent breach or violation. 6. Rights Cumulative. All rights and remedies given to City by this Franchise or retained by City herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to City, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by City and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 7. Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that Grantee believes City has the power to make the terms and conditions contained in this Franchise. 32 8. No Third Party Beneficiaries. Nothing in this Franchise Agreement is intended to confer third -party beneficiary status on any member of the public to enforce the terms of this Franchise Agreement. This provision does not apply to the Commission or the NSAC. SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 1. Publication: Effective Date. This Franchise shall be published in accordance with applicable local and Minnesota law. The Effective Date of this Franchise shall January 1, 2017. 2. Acceptance. a. Grantee shall accept this Franchise within sixty (60) of its enactment by the City Council, unless the time for acceptance is extended by City. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes provided, however, this Franchise shall not be effective until all City ordinance adoption procedures are complied with and all applicable timelines have run for the adoption of a City ordinance. In the event acceptance does not take place, or should all ordinance adoption procedures and timelines not be completed, this Franchise and any and all rights granted hereunder to Grantee shall be null and void. b. Upon the Effective Date and acceptance of this Franchise, Grantee and City shall be bound by all the terms and conditions contained herein. C. Grantee shall accept this Franchise in the following manner: This Franchise will be properly executed and acknowledged by Grantee and delivered to City. ii. With its acceptance, Grantee shall also deliver any grant payments, performance bond and insurance certificates required herein that have not previously been delivered. Introduction and First Reading by Mounds View City Council on September 25, 2017 Second Reading and Adoption by the Mounds View City Council on October 9, 2017 Publication Date: October 20, 2017 ATTEST: (seal) 33 Carol A. Mueller, Mayor Nyle Zikmund, Interim City Administrator ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. COMCAST OF MINNESOTA, INC. Dated: By: Its: Im Exhibit A — Drops to Designated Buildings Exhibit B — Comcast Enterprise Services Master Services Agreement (MSA) Exhibit B2 — First Amendment to Comcast Enterprise Services Master Agreement Exhibit B3 - Comcast Enterprise Services General Terms and Conditions Exhibit C — Existing Network Facilities Exhibit C — Schedule C-1 — Dark Fiber Connections Exhibit C — Schedule C-2 — PEG Origination Points Exhibit D — March 1, 2012, Settlement Agreement Exhibit E — Sample Gross Revenues Report Exhibit F — Performance Bond Exhibit G — Indemnification Agreement CABLE TELEVISION FRANCHISE ORDINANCE SUMMARY ORDINANCE NO. 937 AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF MINNESOTA, INC., D/B/A COMCAST TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF MOUNDS VIEW; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN; The City Council of the City of Mounds View ordains: STATEMENT OF INTENT AND PURPOSE The City intends, by the adoption of this Franchise, to bring about the further development of a Cable System and the continued operation of it. Such development can contribute significantly to the communication needs and desires of the residents and citizens of the City and the public generally. Further, the City may achieve better utilization and improvement of public services and enhanced economic development with the development and operation of a Cable Communication System. Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and its residents. The specific terms and conditions of the Franchise Ordinance, Sections 1 to 14, and Exhibits are available for review at City Hall, Mounds View City Hall, 2401 Mounds View Boulevard, Mounds View, MN 55112. 1 MOvNDS VIEW City of Mounds View Staff Report Item No: 09B Meeting Date: September 25 2017 Type of Business: Council Business Administrator Review: To: Honorable Mayor and City Council From: Jon Sevald, City Planner / Supervisor Item Title/Subject: Second Reading and Adoption of Ordinance 938, an Ordinance amending Municipal Code, Section 502 regarding On -Sale Intoxicating Liquor Licenses for Movie Theaters (ROLL CALL VOTE) Introduction: New Vision Theaters is planning a major renovation of the Wynnsong 15 Theater, including the addition of a bar. The theater is located at 2430 Mounds View Blvd. Patrons will be able to purchase alcohol at the bar, and consume drinks while watching a movie. The bar will require approval of an On -Sale Liquor License. On -Sale Liquor Licenses are prohibited on property within 500' of a school or church property, unless e minimum of 60% of the business' income is from food sales.' Adjacent to the theater property is 2408 Mounds View Blvd, leased by the Mounds View School District (Bridges Program). An ordinance amendment is necessary, if the theater is to qualify for an On -Sale Liquor License. Discussion: New Vision Theaters has a 30 -year lease (1997-2027) of the Wynnsong 15 Theater. Renovations of the theater is planned for 2018, and include the addition of a 70' curved theater screen, reclining seats, renovations of the lobby, concessions, bathrooms, and the addition of a bar. The theater will be similar to New Vision's Oakdale 20 Theater, renovated in 2014. Staff has spoken with the City of Oakdale's Police and Community Development departments. Prior to its opening, the Police Department had concerns about underage drinking within the theater, but since the addition of the bar, there have been no problems. Other north metro theaters known to serve alcohol include: AMC Coon Rapids 16 New Vision Oakdale 20 Emagine White Bear St Michael Cinema Marcus Oakdale Cinema To proceed, there are two sections of the City Code that must be amended: On -Sale Intoxicating Liquor Licenses may be issued to hotels, restaurants, bowling centers, liquor stores, and exclusive clubs .2 The City Code must be amended, adding "theaters" to this list. I Mounds View Municipal Code, Section 502.04, Subd 2(b) 2 Mounds View Municipal Code, Section 502.03, Subd ] Item 09B September 25, 2017 Page 2 2. If within 500' of a school or church property, only businesses in which a minimum of 60% of its income is from food sales, may obtain an On -Sale Intoxicating Liquor License. The theater will include concession sales, such as sliders, chicken fingers, pizza, hotdogs, nachos and popcorn, but this is not expected to exceed 60% of the theater's revenues. Pre-existing businesses, with or without 60% food sales which have or had On -Sale Liquor Licenses, and are within 500' of a school or church property, include: Moe's Restaurant, 0' from school property. Mounds View Square (Mervin Liquor, former EI Loro), about 72' from church property, and about 220' from school property. The applicant is proposing that movie theaters with a minimum of 30% annual gross sales consisting of food, qualify for an On -Sale Liquor License, and be excluded from the 500' setback from school and church properties. Staff is proposing a simpler amendment, which excludes movie theaters existing as of September 25, 2017, from the 500' setback. Summary New Vision Theaters is requesting to amend Municipal Code, Section 502, allowing movie theaters to qualify to obtain an On -Sale Liquor License, despite being set back less than 500' from a school or church property. An Introduction and First Reading was conducted on September 11, 2017. On September 8th, Staff emailed the September 11th Staff Report to the School District Superintendent, and Bridges Program Coordinator. The School District has not submitted any comments. A Public Meeting notice was published in the September 15, 2017 edition of the Mounds View -New Brighton Sun Focus, and posted on the City's website. Recommendation: Staff recommends a Second Reading and Adoption of Ordinance 938, amending; (1) City Code, Section 502.03, adding "movie theaters" to the list of businesses qualifying for an On -Sale Liquor License; and (2) amending Section 502.04, Subd 2(b) excluding movie theaters in existence as of (date of adoption) from the 500' setback. Respectfully submitted, A��9,4x Jon Sevald, AICP City Planner / Supervisor ATTACHMENTS: 1. Applicant's Narrative, and proposed language 2. Area map 3. Ordinance 938 Item 09B September 25, 2017 Page 3 August 31, 2017 Applicant's Narrative, and proposed language " THEATRES T Mfr entail. jail.-jes ^.rmt,rrs Jon Cevald, AIC'P Planner 2401 Motutds View Boulevard Mounds View l MN 155112 vmuw.ei.maunds-view.Uuxus Re: Liquor License — Mounds View Theater (Wynnsong 15) Greetings Jou, As discussed, New Vision Theatres is looking to obtain a liquor license as part of an overall Plan to improve, upgrade and renovate the Mounds View theater. Our initial plans which ire being finalized as we speak anticipate the reseating ofthe entire the atef with 1uxtuyrecline r seats, replace all carpeting, paint, aisle lighting, along with new wall coverings in the auditoriums, new concession stand, upgraded restrooms, a new bar and new lobby. In order to stake this plan viable, we need to add as many amenities to the theater as possible, especially a liquor license. These proposed renovations are necessary to keep the theater relevant. As there is no shortage of theaters in the Mounds View area (see attached competition map), failing to upgrade this theater will eventually lead to a slow erosion of attendance and the possibility of the theater failing and closing its doors. ?ire are looking forward to hearing from you and the city with the hope that our efforts will be successful, Regards, Brett Marks Seniw Vice PreSidenr -A k F IgswVk- YH6ATRBS .. 250 Ean Bracd Street 4/escrlelA, NJ 0763[) bmark!.9 nenvis iomheatres.carn (314) 85L-1666 Item 09B September 25, 2017 Page 4 Applicant's Narrative Figure 1: Teal dots represent movie theaters within proximity to Mounds View (five theaters within ten miles, serving population of 829,000) Figure 2: Example of movie theater bar, provided by applicant. Item 09B September 25, 2017 Page 5 Applicant's proposed language City Code, Section 502.04, Subd 2(b): "No intoxicating liquor or wire license shall be granted for any premises that has it property line, within five hundred (500) feet of a property line of any school or church located in Mounds View except that the rive hundred (500) feet restriction shall not apply and a license may be granted for any licensed premises that OPERATES A MOVIE THEATER AND receives at (east THIRTY percent (30%) of its annual gross sales revenue from the sale of food. The licensee must provide evidence to the City on an annual basis as part of the license renewal process that the licensee has compliedwith the minimum THIRTY percent (30%) food sales requirement of this Section, railure to comply with the mininnun THIRTY percent (30%) food sales requirement of tills Section shall be cause for suspension, revocation or denial of renewal of the license." ORDINANCE 938 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE CITY OF MOUNDS VIEW MUNICIPAL CODE, SECTION 502, RELATING TO MOVIE THEATERS QUALIFYING FOR ON -SALE LIQUOR LICENSES; PLANNING CASE TX2017-001 THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Chapter 502 of the Mounds View Municipal Code by adding the underlined material and deleting the strieke material as follows: 502.03: LICENSE CLASSIFICATIONS: Subd 1 On -Sale Intoxicating Liquor Licenses: On -sale intoxicating liquor licenses may be issued for the sale of intoxicating liquors in hotels, restaurants, bowling centers, movie theaters and exclusive liquor stores within the number authorized by this Chapter. In addition, an onsale intoxicating liquor license may be issued, if approved by the Commissioner to a club which has been in existence for three (3) years or more. A license issued to a club shall be for the sale of intoxicating liquors to members and bona fide guests only except that a club may permit the general public to participate in a wine tasting conducted at the club under Minnesota Statutes, Section 340A.419. The City may issue the amount of on -sale intoxicating liquor licenses as authorized in Minnesota Statutes, Section 340A.413, subdivision 1. Subd. 4. Sunday Sales Licenses: Special on -sale intoxicating liquor licenses for the sale of intoxicating liquor on Sunday separate from a regular on -sale intoxicating liquor license issued pursuant to Section 502.02 of this Chapter may be issued to hotels, restaurants, bowling centers, movie theaters, or clubs, which hold an on -sale intoxicating liquor license and have a seating capacity for at least thirty (30) persons. Intoxicating liquor must be consumed on the premises in conjunction with the sale of food. Ordinance 938 Page 2 502.04: ELIGIBILITY FOR LICENSE: Subd. 2. Places Ineligible for License: b. No intoxicating liquor or wine license shall be granted for any premises that has a property line within five hundred (500) feet of a property line of any school or church located in Mounds View except that the five hundred (500) feet restriction shall not apply and a license may be granted for a Ui movie theater operating as of September 25, 2017, and any licensed premises that receives at least sixty percent (60%) of its annual gross sales revenue from the sale of food. The licensee must provide evidence to the City on an annual basis as part of the license renewal process that the licensee has complied with the minimum sixty percent (60%) food sales requirement of this Section. Failure to comply with the minimum sixty percent (60%) food sales requirement of this Section shall be cause for suspension, revocation or denial of renewal of the license. SECTION 2. In accordance with Section 3.07 of the City Charter, City Staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On September 25, 2017, the Mounds View City Council adopted Ordinance 938 which amends Chapter 502 of the Mounds View Municipal Code, allowing movie theaters in operation as of September 25, 2017, to obtain an On -Sale Liquor License. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available online at the City's website located at www.ci.mounds-view.mn.us . SECTION 3. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by Mounds View City Council on September 11, 2017. Second Reading and Adoption by the Mounds View City Council on September 25, 2017. Publication Date: October 6, 2017. Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, Interim City Administrator (seal) MOUNDS RAW City of Mounds View Staff Report Item No: 9.C. Meeting Date: September 25, 2017 Type of Business: Council Business Administrator Review: LR .moi To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 8825 Approving a Marketing Agreement with Utility Service Partners Introduction: Mounds View has been approached by representatives from Utility Service Partners, Inc. (USP), regarding the National League of Cities "Service Line Warranty Program". This optional service to our residents would cover sanitary service lines from the home to the main and/or all indoor plumbing. The services are voluntary and no participation from the City is required aside from permission to offer such services to the community. This program is offered by the National League of Cities and is administered by USP. Discussion: The City Council discussed the proposed insurance program at the August 21, 2017 work session and directed staff to move forward with the marketing agreement with USP. (attached) Kennedy & Graven has reviewed the agreement and provided feedback (attached) regarding the addition of a dispute resolution component within the agreement. USP has responded that they do not generally include that in municipal agreements as customers would rarely approach the City as the service agreement is strictly between USP and the homeowner. This would be a policy decision for the City Council. The agreement is for three years, so if the City found that problems arose during that time period the agreement could be changed at renewal or cancelled. Recommendation: Review the provided information and consider the attached agreement with USP. The City would not be involved in the collection of premiums. The only potential action to be taken notice to residents of the availability of the voluntary program. Respectfully submitted, h Mark Beer, Finance Dir ctor resolution approving a marketing administration of the program or by the City would be to provide RESOLUTION 8825 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A MARKETING AGREEMENT WITH UTILITY SERVICE PARTNERS SERVICES WHEREAS, the City Council has reviewed the "Service Line Warranty Program" offered by the National League of Cities and administered by Utility Service Partners, Inc. (USP); and WHEREAS, this is a voluntary insurance program for homeowners to participate in; and WHEREAS, the City has been asked to approve a marketing agreement with USP so USP can provide marketing information to homeowners about the program; and WHEREAS, homeowners may not be aware of their responsibility for their sanitary sewer service line repair costs; and WHEREAS, this is a private transaction between USP and the homeowner the City will not be involved in administering the program and the service agreement, all transactions, communications and contact will be with Utility Service Partners and their authorized representatives. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View does hereby approve the attached marketing agreement with Utility Service Partners, Inc. to offer the voluntary "Service Line Warranty Program" to residential homeowners. Adopted this 25th day of September, 2017 Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, Interim City Administrator (SEAL) MARKETING AGREEMENT This MARKETING AGREEMENT ("Agreement") is entered into as of 20_] ("Effective Date"), by and between the City of Mounds View, Minnesota ("City"), and Utility Service Partners Private Label, Inc. d/b/a Service Line Warranties of America ("Company"), herein collectively referred to singularly as "Party" and collectively as the "Parties". RECITALS: WHEREAS, sewer laterals between the mainlines and the connection on residential private property are owned by individual residential property owners residing in the City ("Residential Property Owner"); and WHEREAS, City desires to offer Residential Property Owners the opportunity, but not the obligation, to purchase a service line warranty and other similar products set forth in Exhibit A or as otherwise agreed in writing from time -to -time by the Parties (each, a "Product" and collectively, the "Products"); and WHEREAS, Company is the administrator of the National League of Cities Service Line Warranty Program and has agreed to make the Products available to Residential Property Owners subject to the terms and conditions contained herein; and NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and with the intent to be legally bound hereby, the Parties agree as follows: I .Purpose. City hereby grants to Company the right to offer and market the Products to Residential Property Owners subject to the terms and conditions herein. 2.Grant of License. City hereby grants to Company a non-exclusive license ("License") to use City's name and logo on letterhead, bills and marketing materials to be sent to Residential Property Owners from time to time, and to be used in advertising (including on the Company's website), all at Company's sole cost and expense and subject to City's prior review and approval, which will not be unreasonably conditioned, delayed, or withheld. City agrees that it will not extend a similar license to any competitor of Company during the Term and any Renewal Term of this Agreement. 3.Term. The term of this Agreement ("Term") shall be for three (3) years from the Effective Date. The Agreement will automatically renew for additional one (1) year terms ("Renewal Term") unless one of the Parties gives the other written notice at least ninety (90) days prior to end of the Term or of a Renewal Term that the Party does not intend to renew this Agreement. In the event that Company is in material breach of this Agreement, the City may terminate this Agreement thirty (30) days after giving written notice to Company of such breach, if said breach is not cured during said thirty (30) day period. Company will be permitted to complete any marketing initiative initiated or planned prior to termination of this Agreement after which time, neither Party will have any further obligations to the other and this Agreement will terminate. 4.Consideration. A. As consideration for such license, Company will pay to City a License Fee of as set forth in Exhibit A ("License Fee") during the term of this Agreement. The first payment shall be due by January 30th of the year following the conclusion of first year of the Term. Succeeding License Fee payments shall be made on an annual basis throughout the Term and any Renewal Term, due and payable on January 30th of the succeeding year. City will have the right, at its sole expense, to conduct an audit, upon reasonable notice and during normal business hours, of Company's books and records pertaining to any fees due under this Agreement while this Agreement is in effect and for one (1) year after any termination of this Agreement. 5.Indemnification. Company hereby agrees to protect, indemnify, and hold the City, its elected officials, officers, employees and agents (collectively or individually, "Indemnitee") harmless from and against any and all third party claims, damages, losses, expenses, suits, actions, decrees, judgments, awards, reasonable attorneys' fees and court costs (individually or collectively, "Claim"), which an Indemnitee may suffer or which may be sought against or are recovered or obtainable from an Indemnitee, as a result of or arising out of any breach of this Agreement by the Company, or any negligent or fraudulent act or omission of the Company or its officers, employees, contractors, subcontractors, or agents in the performance of services under the Products; provided that the applicable Indemnitee notifies Company of any such Claim within a time that does not prejudice the ability of Company to defend against such Claim. Any Indemnitee hereunder may participate in its, his, or her own defense, but will be responsible for all costs incurred, including reasonable attorneys' fees, in connection with such participation in such defense. 6.Notice. Any notice required to be given hereunder shall be deemed to have been given when notice is (i) received by the Party to whom it is directed by personal service, (ii) sent by electronic mail (provided confirmation of receipt is provided by the receiving Party), or (iii) deposited as registered or certified mail, return receipt requested, with the United States Postal Service, addressed as follows: To: City: ATTN: City Administrator City of Mounds View 2401 Mounds View Boulevard Mounds View, MN 55112-1429 Phone: (763) 717-4000 To: Company: ATTN: Chief Sales Officer Utility Service Partners Private Label, Inc. 11 Grandview Circle, Suite 100 Canonsburg, PA 15317 Phone: (866) 974-4801 7.Modifications or Amendments/Entire Agreement. Any and all of the representations and obligations of the Parties are contained herein, and no modification, waiver or amendment of this Agreement or of any of its conditions or provisions shall be binding upon a party unless in writing signed by that Party. 8.Assignment. This Agreement and the License granted herein may not be assigned by Company other than to an affiliate or an acquirer of all or substantially all of its assets, without the prior written consent of the City, such consent not to be unreasonably withheld. 9.Counterparts/Electronic Delivery No Third Party Beneficiary. This Agreement may be executed in counterparts, all such counterparts will constitute the same contract and the signature of any Party to any counterpart will be deemed a signature to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by facsimile or e-mail and upon receipt will be deemed originals and binding upon the Parties hereto, regardless of whether originals are delivered thereafter. Nothing expressed or implied in this Agreement is intended, or should be construed, to confer upon or give any person or entity not a party to this agreement any third- party beneficiary rights, interests, or remedies under or by reason of any term, provision, condition, undertaking, warranty, representation, or agreement contained in this Agreement. IO.Choice of Law/Attorney fees. The governing law shall be the laws of the State of Minnesota. In the event that at any time during the Term or any Renewal Term either Party institutes any action or proceeding against the other relating to the provisions of this Agreement or any default hereunder, then the unsuccessful Party shall be responsible for the reasonable expenses of such action including reasonable attorney's fees, incurred therein by the successful Party. 11.Ineorporation of Recitals and Exhibits. The above Recitals and Exhibit A attached hereto are incorporated by this reference and expressly made part of this Agreement. [Signature Page Follows] IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first written above. CITY OF MOUNDS VIEW Name: Title: UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. Name: Tom Rusin Title: Chief Executive Officer 4 Exhibit A NLC Service Line Warranty Program City of Mounds View Term Sheet July 26, 2017 Llnitial Term. Three years II.License Fee. $0.50 per Product for each month that a Product is in force for a Residential Property Owner (and for which payment is received by Company), aggregated and paid annually, for: a. City logo on letterhead, advertising, billing, and marketing materials b. Signature by City official III.Products. a. External sewer/septic line warranty (initially, $7.75 per month; $88.00 annually) b. In-home plumbing warranty (initially, $9.99 per month; $114.99 annually) Company may adjust the foregoing Product fees; provided, that any such adjustment shall not exceed $.50 per month in any 12 -month period, unless otherwise agreed by the Parties in writing. IV.Scope of Coverage. a. External sewer/septic line warranty: Scope is from the main tap until line daylights inside home, which includes the service line under the concrete floor. (Covers septic lines if applicable) b. In-home plumbing warranty: Scope covers residential in-home water supply lines and in-home sewer lines and all drain lines connected to the main sewer stack that are broken or leaking inside the home after the point of entry. Coverage includes broken or leaking water, sewer, or drain lines that may be embedded under the slab or basement floor. Coverage also includes repair of clogged toilets. V.Marketing Campaigns. Company shall have the right to conduct up to three campaigns per year, comprised of up to six mailings and such other channels as may be mutually agreed. Initially, Company anticipates offering the In-home plumbing warranty Product via in -bound channels only. Mark Beer From: Short, Jean M. <jshort@Ken nedy-Graven.com> Sent: Monday, September 11, 2017 5:14 PM To: Mark Beer; Nyle Zikmund Cc: Riggs, Scott J.; Biggerstaff, Andrew M. Subject: FW: NLC service line marketing agreement (MU125-11) Dear Mark and Nyle: Enclosed please find comments regarding the NLC Service Line Marketing Agreement. Please let us know if you have any questions or need any further information from us. Thank you. Very truly yours, Jean M. Short (MU 125-11) Legal Secretary to Scott J. Riggs Kennedy c& Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 E-mail: ishort(i0ennedv-graven.com Phone: (612) 337-9281 Fax: (612) 337-9310 ATTENTION: This message and any attachments are intended only for the named recipient(s), and may contain information that is confidential, privileged, attorney work product, or exempt or protected from disclosure under applicable laws and rules. If you are not the intended recipient(s), you are notified that the dissemination, distribution, or copying of this message and any attachments is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the e-mail address or the telephone number included herein and delete this message and any of its attachments from your computer and/or network. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. This message and any attachments are covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2521. From: Short, Jean M. Sent: Friday, September 08, 2017 2:16 PM To: 'Mark Beer' Ce: Riggs, Scott J.; Biggerstaff, Andrew M. Subject: FW: NLC service line marketing agreement (MU125-11) Dear Mark, Pursuant to Jim's request, here is some information regarding the above matter. Please review and give Scott or Andrew a call to discuss. Thank you. Very truly yours, Jean M. Short (MU 125-11) Legal Secretary to Scott J. Riggs Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 E-mail: ishort@kennedy-graven.com Phone: (612) 337-9281 Fax: (612) 337-9310 ATTENTION: This message and any attachments are intended only for the named recipient(s), and may contain information that is confidential, privileged, attorney work product, or exempt or protected from disclosure under applicable laws and rules. If you are not the intended recipient(s), you are notified that the dissemination, distribution, or copying of this message and any attachments is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the e-mail address or the telephone number included herein and delete this message and any of its attachments from your computer and/or network. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. This message and any attachments are covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2521. From: Biggerstaff, Andrew M. Sent: Thursday, September 07, 2017 10:45 AM To: Riggs, Scott J. Cc: Short, Jean M. Subject: RE: NLC service line marketing agreement (MU125-11) Scott: I've reviewed this agreement. Below are my thoughts and comments. 1. This sewer line warranty program is endorsed by the National League of Cities and is administered by Utility Service Partners. According to the NLC, the program is in effect in more than 300 cities across the County. 2. In Minnesota, the following cities appear to have approved the program: a. Richfield; b. Edina; c. St. Louis Park; and d. Oak Park Heights 3. Other cities, such as Roseville, have considered the program, but I was unable to easily confirm whether they've chosen to participate. 4. According to a survey conducted of claims made between May 2013 and May 2015 of 206 total claims made, 41 (out of 45 of those responding) said that they would recommend the program to other homeowners. 5. From what I've seen, the program appears to be relatively straightforward. The City does not incur any cost or liability, and it receives a share of the profit raised from the sale of warranty policies (similar to a franchise fee). 6. The program itself covers warranty coverage for various utilities, mainly sewer laterals and water lines. There is also in-home plumbing coverage. Upon making a claim, according to the NLC and USP, a pre-screen and licensed contractor will contact the homeowner within one hour to coordinate repairs. The repairs are made at no additional cost to the homeowner. With respect to the agreement, I have the following minor considerations: 1. Section 6— Notice. Strike "Jim Ericson" and replace with "City Administrator". 2. 1 would suggest that, similar to other franchises, the Agreement include a complaint process. For instance, as with telecomm franchises, the City will forward complaints to the Franchisee who is contractually bound to address those issues within a certain period of time. Failure to address such concerns may result in termination of the agreement. Given the exclusive nature of this agreement, and the fact that residents of the City are likely to equate the program as being offered by the City under the marketing scheme, the City should require the franchisee to address problems that arise. We don't want to get into a situation where the City is being held out as a partner to an organization that is wrongfully denying or failing to timely process claims, for instance. I did not find any documented complaints about these behaviors related to this program, but it is reasonable for the City to include such a protection. 3. 1 do not see an issue with the exclusive nature of this program. I am unaware of any other reputable organization or program that exists which provides this type of protection , so it is unlikely that another entity would seek approval to operate this type of program in the City. Additionally, this agreement only prohibits the City from agreeing to let another entity use the City as a partner (i.e., use of the City's letterhead). I do not interpret this agreement as prohibiting another entity from offering identical coverage to homeowners without participation of the City. a. In short, the exclusive license being granted is for the use of the City's intellectual property, NOT an exclusive license or right to operate a program that offers warranty coverage for privately -owned utilities. Please let me know if you would like to discuss. Andrew 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 2401 Mounds View Blvd. Mounds View, MN 55112 mark.beer@ci.mounds-view.mn.us 763.717.4011 763.717.4019 FAX From: Deryck Freudeman[mailto:dfreudeman@utilitysl2.netI Sent: Monday, September 18, 2017 8:51 AM To: Mark Beer <mark beer@ci.mounds-view.mn.us> Cc: Nyle Zikmund <nyle zikmund@ci.mounds-view.mn.us> Subject: Edits to Marketing Agreement Importance: High Hi Mark, Sorry to get back to you later than anticipated. Our attorney was out of the office a few days last week which caused the delay. After reviewing with him, he informed me that a complaint process is not something we generally put in municipal agreements, because in our experience it is rare for customers to approach the city rather than just calling us since the service agreements are strictly between USP and the homeowner. We do have a dispute resolution process, here are some details about that below: USP's frontline customer service agents are able to achieve ane -call resolution for the vast majority of customer issues. on the rare occasion that a customer dispute requires a higher level of resolution, USP' process is as follows: issues that require additional root cause analysis or the tracking of actions to achieve resolution are referred to the Customer Advocacy Team, a group of seasoned professionals with full accountability for resolving the concern. The team is highly skilled in issue resolution and members are giving the latitude within the organization to resolve virtually any issue quickly and fairly. The Account Management Team (on will be assigned to Mounds View), the day-to-day contact for each of our partners, ensures that the partner is fully aware of the situation and the solution that USP is offering and keeps the partner apprised throughout the process. I'd be happy to speak with you directly if need be, my number is 347-628-9910. Section 6 Notice change reflected in attached version. Thanks, -Deryck From: Mark Beer [ma iIto: mark. beer@ci mounds-view.mn.Lis] Sent: Tuesday, September 12, 2017 10:13 AM To: Deryck Freudeman <dfreudeman utilitysp.net> Cc: Nyle Zikmund <nyle zikmund@ci mounds-view.mn.us> Subject: RE: Update from 8/21 council work session Deryck, here are the two comments from our attorney that would need to be addressed. If you could provide language regarding item #2 from your attorney or if you prefer I can extract some language from a franchise agreement let me know. Thanks, Mark 1. Section 6 — Notice. Strike "Jim Ericson" and replace with "City Administrator". 2. 1 would suggest that, similar to other franchises, the Agreement include a complaint process. For instance, as with telecomm franchises, the City will forward complaints to the Franchisee who is contractually bound to address those issues within a certain period of time. Failure to address such concerns may result in termination of the agreement. Given the exclusive nature of this agreement, and the fact that residents of the City are likely to equate the program as being offered by the City under the marketing scheme, the City should require the franchisee to address problems that arise. We don't want to get into a situation where the City is being held out as a partner to an organization that is wrongfully denying or failing to timely process claims, for instance. I did not find any documented complaints about these behaviors related to this program, but it is reasonable for the City to include such a protection. Mark Beer, CPA Finance Director City of Mounds View 2401 Mounds View Blvd. Mounds View, MN 55112 mark.beer@ci.mounds-view.mn.us 763.717.4011 763.717.4019 FAX From: Deryck Freudeman[mailto:dfreudeman@utilitysp.netj Sent: Monday, September 11, 2017 9:51 AM To: Mark Beer <mark beer@ci.mounds-view.mn.us> Cc: Nyle Zikmund <nvle.zikmund ci.mounds-view.mn.us>; Don Peterson <don.peterson@ci.mounds-view.mn.us> Subject: RE: Update from 8/21 council work session Okay thanks for the update. If there needs to be a legal review call please let me know. I would be more than happy to have our in house council review any questions you may have on a quick call if need be. -Deryck From: Mark Beer [mailto•mark beer@ci mounds-view.mn.us] Sent: Monday, September 11, 2017 10:49 AM To: Deryck Freudeman <dfreudeman@utilitysp.net> Cc: Nyle Zikmund <nvle.zikmund@ci.mounds-view.mn.us>; Don Peterson <don Peterson@ci mounds-view.mn.us> Subject: RE: Update from 8/21 council work session Deryck, we are waiting for City Attorney review but that should be back this week and ready for approval at the September 25th Council meeting. Mark Beer, CPA Finance Director City of Mounds View 2401 Mounds View Blvd. Mounds View, MN 55112 mark beer ci mounds-view.mn.us 763.717.4011 763.717.4019 FAX From: Deryck Freudeman[mailto•dfreudeman@utilitysp.netj Sent: Monday, September 11, 2017 9:44 AM To: Mark Beer<mark.beer@ci.mounds-view.mn.us> Subject: Update from 8/21 council work session Hi Mark, I know Jim Ericson is no longer with the city. Jim's away message on his email said to reach out to you for assistance. I met with Jim back on 7/26 to review the National League of Cities service line repair program, and was invited to introduce to council on the 8/21 work session agenda. At that work session agenda council instructed Jim to review the marketing agreement so that the agreement and program could be added to future agenda for approval. Did Jim review this with you or is there somebody else I need to reach out to for follow up? Thanks, Deryck Deryck Freudeman Regional Acct Dir. A,Jvnmistef�xf Cry Utility Service Partners, Inc. Administrator for the National League of Cities jI�EtY service Line warranty Program Serves 11 Grandview Circle, Suite 100 ® Canonsburg, PA 15317 a Homescime company dervckfreudemanp_homeserveusa.com M:347-628-9910 www.utilitysp.net Disclaimer: This email and all files transmitted with may be confidential and intended solely for the use of the individual or entity to whom they are addressed. The unauthorized use, dissemination, distribution or reproduction of this email, including attachment(s), is prohibited and may be unlawful. If you are not an intended recipient, please delete this email, including attachment(s). OHomeServe 2017. http://www.homeserveusa.com Disclaimer: This email and all files transmitted with may be confidential and intended solely for the use of the individual or entity to whom they are addressed. The unauthorized use, dissemination, distribution or reproduction of this email, including attachment(s), is prohibited and may be unlawful. If you are not an intended recipient, please delete this email, including attachment(s). OHomeServe 2017. http://www.hom sserveusa.com Disclaimer: This email and all files transmitted with may be confidential and intended solely for the use of the individual or entity to whom they are addressed. The unauthorized use, dissemination, distribution or reproduction of this email, including attachment(s), is prohibited and may be unlawful. If you are not an intended recipient, please delete this email, including attachment(s). OHomeServe 2017. http://www.homeserveusa.com of Mounds View Staff Item No: 9.D. Meeting Date: March 13, 2017 Type of Business: Council Business 00011r— To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 8828 Accepting a Donation from Bethlehem Baptist Church in the Amount of $16,170.50 and Approving Distribution of Funds as Specified Introduction: Bethlehem Baptist Church purchased the building at 5151 Program Avenue in 2004 and received approval to renovate the former office / warehouse space for church usage. At the same time, the Church expressed its desire to support worthy community endeavors and created the "Mounds View Service Project Fund" pledging annual donations totaling $25,000. They envisioned the fund to be used to help meet certain needs jointly identified by the city and the Church that would be "in harmony' with their mission and values. Discussion: Representatives from the City, the Community Center and the Park & Recreation Commission have discussed potential funding opportunities for the second half 2017 service project fund donation which totals $16,170.50. A number of programs and improvements which had been reviewed by the representatives were highlighted for Bethlehem's consideration. The Church's Pastor for Outreach, Vince Johnson, responded with a letter dated September 12, 2017, recommending the following disbursement schedule: ® Shield 616 (protective gear for MVPD) $6,500 • Quincy House $2,500 • Ralph Reeder (food shelf) $2,500 o Early Learning Readiness Program $1,500 • Meeting Room Audio Visual Equipment $3,000 • Miscellaneous $ 170.50 Recommendation: Attached for your consideration is Resolution 8828, a resolution which accepts the donation from Bethlehem Baptist Church in the amount of $16,170.50 and authorizes the distribution of the donations according to the Church's recommendations. Respectfully submitted, Mark Beer Finance Director September 12, 2017 Proposal to the City Council of Mounds View, Minnesota on the Disbursement of "The Bethlehem Baptist Church Mounds View Service Project Fund" After receiving input from Jim Ericson, former Mounds View City Administrator, representatives from the Mounds View Park and Recreation Commission and Northwest YMCA staff members, on behalf of Bethlehem Baptist Church, I would like to recommend that the second -half donation to the 2017 'Bethlehem Baptist Church Mounds View Service Project Fund" ($16,170.50) be distributed by the city to meet the needs of our community in the following ways: • Shield 616 $6500 • Quincy House $2500 • Ralph Reeder $2500 • Early Learning Readiness Program $1500 • Meeting Room Audio Visual Equipment $3000 • Misc. $170.50 Respectfully submitted September 12, 2017 on behalf of Bethlehem Baptist Church, Vince E. Johnson Bethlehem Baptist Church Pastor for Outreach RESOLUTION 8828 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ACCEPTING A DONATION FROM BETHLEHEM BAPTIST CHURCH IN THE AMOUNT OF $16,170.50 AND AUTHORIZING DISTRIBUTION OF FUNDS WHEREAS, since its establishment in Mounds View in 2004, Bethlehem Baptist Church has generously supported activities that have benefited the residents of Mounds View; and WHEREAS, Bethlehem Baptist Church would like to continue that support by making a contribution to the City of Mounds View of $16,170.50 to support the following programs and activities: • Shield 616 (protective gear for MVPD) $6,500 • Quincy House $2,500 • Ralph Reeder (food shelf) $2,500 o Early Learning Readiness Program $1,500 • Meeting Room Audio Visual Equipment $3,000 • Miscellaneous $ 170.50 NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council gratefully acknowledges and accepts the donation of $16,170.50 from Bethlehem Baptist Church, authorizes the distribution of the funds as directed herein, and approves the amendment of the 2017 Budget as may be necessary. Adopted this 25th day of September, 2017 Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, Interim City Administrator (seal) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402-1458 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opporomity Employer ScoTT J. Rices Attorney at Law Direct Dial (612) 337-9260 Email; sr�g��kenned�oravenconF MEMORANDUM Date: September 21, 2017 To: Nyle Zikmund, Interim City Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report CITY: MU125-11: Administration. General discussions with staff regarding various City matters. Review question regarding construction debris haulers. Consult with City staff regarding same. Review marketing agreement and provide cornments to City staff. Matters are presently pending. MU210-4: Charter Matters. Review and respond to commission and staff inquiry regarding chatter/statutory bonding authority. Matter is presently pending. MU210-17: Silver Lake Commons. Review documentation and consult with City staff regarding same. Draft resolution and forward to City staff. Matter is presently pending. MU210-35: Community Center Matters. Review letter regarding lease and consult with City staff regarding same. Matter is presently pending. MU210-107: Telecommunications Matters. Consult with City staff regarding Sprint/Clearwire Lease. Review franchise agreement. Matters are presently pending. MU210-111: General Em llooyment Matters. Draft proposed agreement and forward to City staff. Consult with City staff regarding proposed agreement. Matter may be considered complete. 507356v1A SJR MU125-11 Nyle Zikmund September 21, 2017 Page 2 MU210-194: GMHC Housing Improvement Program. Review and revise loan servicing agreement. Forward same to City staff. Matter is presently pending. MU210-221: LMCIT/DVS General. Several notices of legal claims have been presented to the City and have been tendered for defense by the League of Minnesota cities Insurance Trust. Consult with City staff and City Council. Consult with LMCIT attorneys. Consult with City staff and LMCIT regarding settlement matter. Matters are presently pending. MU210-250: Fire Protection Services Matter. Review and revise Agreement for fire dispatch services and forward to City staff. Consult with City staff regarding same. Agreement has been fully -executed and copies distributed to the parties. Matter may be considered complete. EDA: MU205-47: MWF Housing Project. Review background information regarding project and provide continents to City staff. Consult with City staff regarding matter. Review preliminary plat and other documents. Review title commitment and consult with City staff regarding plat, etc. Consult with City staff and title company regarding need for updating of title commitment. Review updated title commitment and Examiner of Titles Directive. Review question regarding five- foot strip of land. Begin drafting plat opinion. Matter is presently pending. SJR:jms 507356v1A SJR MU125-11